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City of Muskegon City Commission Meeting Agenda January 10, 2023, 5:30 pm Muskegon City Hall 933 Terrace Street, Muskegon, MI 49440 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. Pages 1. Call To Order 2. Prayer 3. Pledge of Allegiance 4. Roll Call 5. Honors, Awards, and Presentations 5.a Audit Presentation - ACFR 6. Public Comment on Agenda Items 7. Consent Agenda 7.a Approval of Minutes - City Clerk 1 7.b Lakeshore Creative Services, LLC - City Clerk 24 7.c Transmittal of 6/30/22 Annual Comprehensive Financial Report - Finance 27 7.d Michigan Homeowner Assistance Fund (MIHAF) Applicaiton - City Treasurer 201 7.e Leads Online - Public Safety 215 7.f Towing Agreement - Public Safety 242 7.g Janitorial Contract - Arena 256 7.h Boys & Girls Club Agreement - Public Works 264 7.i Community EnCompass Agreement - Public Works 272 7.j CLG Grant Application - Public Works 280 7.k Treasury Office Fire Doors - Public Works 302 7.l Dollar General Utility Easement - Public Works 308 7.m Street Vacation - Portion of Viridian Drive, East of Terrace Street - Planning 7.n Sale of 1320 Spring Street - City Manager 314 7.o Sale of 750 Leonard Avenue - City Manager 321 7.p Sale of 1499 Hoyt Street - City Manager 328 8. Public Hearings 8.a Brownfield Plan Amendment, 1st Amendment, Adelaide Pointe QOZB, LLC 335 9. Unfinished Business 10. New Business 11. Any Other Business 12. Public Comment on Non-Agenda items 13. Closed Session 14. Adjournment Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 10, 2023 Title: Approval of Minutes Submitted By: Ann Marie Meisch, MMC Department: City Clerk Brief Summary: To approve the minutes of the November 22, 2022 Regular Meeting, December 12, 2022 Worksession, and December 13, 2022 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: 1 C I T Y O F M U S K E GO N CITY COMMISSION MEETING N O V E M B E R 2 2 , 2 0 2 2 @ 5 : 3 0 P. M . MUSKEGON CITY COMMISSION CHAMBERS 9 3 3 T E R R AC E S T R E E T, M U S K E GO N , M I 4 9 4 4 0 MINUTES The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, November 22, 2022, Reverend D.W. Tolbert, New Hope Baptist Church, opened the meeting with a prayer, after which the Commission and public recited the Pledge of Allegiance to the Flag. Present: Mayor Ken Johnson, Commissioners, Rebecca St.Clair, Rachel Gorman, Michael Ramsey, Interim City Manager LeighAnn Mikesell, City Attorney John Schrier, and City Clerk Ann Meisch. Absent: Vice Mayor Willie German, Jr., Commissioners Eric Hood and Teresa Emory 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. PUBLIC COMMENT ON AGENDA ITEMS: Public comments were received. 2022-99 CONSENT AGENDA: A. Approval of Minutes City Clerk SUMMARY OF REQUEST: To approve the minutes of the October 25, 2022 Regular Meeting. STAFF RECOMMENDATION: To approve the minutes. B. Sale – 522 Ottawa Planning SUMMARY OF REQUEST: City staff is seeking authorization to sell the City owned unbuildable vacant lot to West Urban Properties, LLC. Page 1 of 7 2 West Urban Properties LLC would like to purchase the City owned unbuildable lot to join with the property adjacent to it in order to construct commercial structure(s) on the lots (once combined) within eighteen (18) months. The property is zoned B-4 (General Business). The buyer made an offer of $5,625 which is less than 75% of the True Cash Value (TCV). If this were a buildable lot; then the asking price would be $11,250. There has been no interest in developing this property. The City has owned this property since 1983. There are easements on this property for the vacated Giddings Avenue as well as a telephone company easement. STAFF RECOMMENDATION: To authorize the Code Coordinator to work with the developer and complete the sale of the City-owned buildable lot as described and to have the Mayor and Clerk sign the purchase agreement and deed. C. Sale – 754 Leonard Planning SUMMARY OF REQUEST: City staff is seeking authorization to sell the city-owned home at 754 Leonard in Jackson Hill to Nicole R. Blackshire. The city is constructing a single-family detached home as part of our ARP infill housing program with Mr. Rubin Briggs and LRS Enterprises. Our contract to construct six homes was for $1.5 million, and the estimated finished costs of this home will be $235,000. We also anticipated $10,000 in sales commissions. The accepted purchase price is $220,000, and the incurred sales commissions are $10,000. The City will not contribute funds toward closing costs outside of seller’s agent commission. STAFF RECOMMENDATION: To authorize the Code Coordinator to complete the sale of 754 Leonard Street, as described in the purchase agreement and for the Mayor and Clerk to sign the deed. D. CSX Rail Line Acquisition City Manager SUMMARY OF REQUEST: Staff is requesting that Commission authorize an extension to the closing deadline for the acquisition of the CSX Rail Line Property. CSX is working on their contracted due diligence period for the closing of the Rail Line property and has requested an extension. The City Attorney’s Office has prepared the attached amendment that has been mutually agreed upon. STAFF RECOMMENDATION: To approve the Amended Closing Agreement as presented and authorize the Mayor and Clerk to sign. E. Stormwater Maintenance Agreements Public Works SUMMARY OF REQUEST: Staff seeks authorization to enter into stormwater maintenance agreements with two recent property owners, Newkirk Electric and Pioneer Resources, in accordance with the recently adopted stormwater ordinance. Page 2 of 7 3 The recently adopted stormwater ordinance requires that private developers subject to the rules enter into an agreement with the City. The agreement requires them to maintain their private stormwater system in perpetuity, because it connects to the City’s system and good maintenance of the private system ensures problems do not migrate downstream and become the City’s problems. Previously, developers subject to the rules were required to enter into these agreements with the County Drain Commissioner’s Office; as a part of taking over management of our own stormwater ordinance, the City must now be a party to the agreements. We are required to enter into these agreements as a part of our responsibilities to the Michigan Department of Environment, Great Lakes and Energy (EGLE). Two developments have gone through reviews under the City’s rules during the transition process, and now seek to close out their stormwater permitting by completing the agreements. They are Newkirk Electric located at the corner of Roberts and Laketon, and Pioneer Resources, located at the corner of Roberts and Wesley. The agreements, if approved, will be recorded at the County Register of Deeds and include requirements to make sure the property owner maintains the system and provides records of that maintenance to the City. EGLE will audit the City occasionally to make sure the maintenance and records are according to procedure. Staff also seeks guidance as to whether the Commission would like these agreements to continue to come to Commission for approval, or if staff should develop a policy that authorizes an appropriate staff member to be designated to enter into these agreements on behalf of the City. STAFF RECOMMENDATION: To authorize staff to enter into stormwater maintenance agreements with Newkirk Electric and Pioneer Resources in accordance with the recently adopted stormwater ordinance. G. Amendment to Marihuana Overlay District – Drive Thrus/Signs 2nd Reading Planning SUMMARY OF REQUEST: Staff-initiated request to amend Section 2331 of the zoning ordinance to reduce signage restrictions on marihuana businesses and to allow drive- thru marihuana facilities under certain conditions. After discussing the proposed ordinance at the Planning Commission meeting, the board decided to slightly modify the proposal and request that all drive thru’s require a special use permit. The final language approved in the motion is as follows: Section 2331: B. Grower, Excess Grower, and Processor Requirements: Page 3 of 7 4 1. Signage. Signage shall follow the regulations set forth by the underlying zoning district. C. Provisioning Center, Retailer, Microbusiness and Designated Consumption Establishment Requirements: 1. Signage. Signage shall follow the regulations set forth by the underlying zoning district. 4. Curbside/Drive Thru. Curbside delivery is allowed at all retail sale locations with an approved site plan that does not impede traffic or pedestrian safety. Drive thru’s are allowed as a special use permitted under the following conditions: a. The underlying zoning designation must be B-2, B-4, MC, I-1, I-2 or any Form Based Code designation/building type that allows for drive thru businesses. b. Drive-thru windows must be located on private property. Streets and alleys may only be used for the movement of traffic and may not be used for drive-thru vehicular stacking. c. A traffic study must be performed showing anticipated number of stacking spaces and where they would be located on site. STAFF RECOMMENDATION: To approve the request to amend Section 2331 of the zoning ordinance to reduce signage restrictions on marihuana businesses and to allow drive-thru marihuana facilities with the conditions listed as proposed. Motion by Commissioner Ramsey, second by Commissioner Gorman, to accept the consent agenda as presented, minus item F. ROLL VOTE: Ayes: Johnson, Ramsey, Gorman, and St.Clair Nays: None MOTION PASSES 2022-100 REMOVED FROM CONSENT AGENDA: F. MDNR Conversion Assistance Public Works SUMMARY OF REQUEST: Staff requests authorization to enter into a Professional Services Agreement with Ramboll for assistance in resolving the conversion of several grant-encumbered recreation properties throughout the City. Page 4 of 7 5 The Adelaide Pointe and Hartshorn Village projects are going to impact grant- encumbered recreation properties in the form of Hartshorn Marina and the Lakeshore Trail. As those development projects progress, the city will need to work with the MDNR and the National Park Service to ensure that the impacts to those and other encumbered properties are properly mitigated. The MDNR manages this process on the state level and terms this as a “conversion,” wherein an area that is encumbered for public outdoor recreation is converted into another use. The encumbered area that is converted into non-recreation space must be replaced by an equal or greater value area that is newly dedicated to public outdoor recreation. The MDNR allows for multiple conversions to be resolved concurrently. As such, we have requested assistance with other potential conversion properties, such as the Third Street Wharf, Fisherman’s Landing and Mid-Michigan Railroad Muskegon Lake south spur properties so that we may reach a more complete resolution that mitigates the possibility of future conversions. No one on city staff has experience working through the multi-step process proscribed by the MDNR, so we have requested solicit proposals from interested firms to provide us technical assistance and experience in navigating the complex process. Upon reviewing the proposals, it was clear that the first half of the MDNR-proscribed process is quite different from the second half. The first half involves identifying potential candidate new recreation properties and discussing their value with the MDNR, while the second half involves detailed appraisals and environmental work on properties that have been determined good candidates. To that end, staff recommends award only of the first half of the process at this time. This will help to ensure expensive appraisal and environmental services are only invested in good candidates, and will allow staff to more accurately budget for the second half of the process in the next fiscal year. Staff is requesting to award the services for the first half of the process to Ramboll, the highest scoring firm. Staff scored the proposals using Qualifications Based Selection criteria to ensure we were selecting the best partner for this important project. The scoring showed Ramboll as the leading firm, and staff recommends contracting with them based on their proposal and their history of service. Ramboll has provided engineering services for partner organizations in the past, including award-winning service to WMSRDC for the Amoco Fish and Wildlife Habitat Restoration Project near the west end of Laketon Ave, which included repairs to the Lakeshore Trail from high water damage. As was noted in July when the RFP for these services was presented to the Commission: Page 5 of 7 6 This item was not included in the FY22-23 budget due to the unknown timelines for the development of the Adelaide Pointe and Hartshorn Village properties. With development now moving forward quickly, the properties are already considered to be under conversion by the MDNR, and this process needs to move forward to begin to resolve them. Entering into the conversion process will effectively eliminate the City from consideration for most MDNR grant programs until such time that the conversion is satisfactorily resolved. This does not include the Spark grant program, which does not have scoring implications for being in an active conversion. The conversion process is expected to take at least a year to complete as some of the impacted properties are encumbered through the National Park Service and require federal concurrence. AMOUNT REQUESTED: $58,501 FUND OR ACCOUNT: 101-770 (Parks Maintenance) STAFF RECOMMENDATION: Authorize staff to enter into a Professional Services Agreement with Ramboll for assistance in resolving the conversion of several grant- encumbered recreation properties throughout the city. Motion by Commissioner St.Clair, second by Commissioner Gorman, to authorize staff to enter into a Professional Services agreement with Ramboll for assistance in resolving the conversion of several grant-encumbered recreation properties throughout the city. ROLL VOTE: Ayes: Gorman, St.Clair, Johnson, and Ramsey Nays: None MOTION PASSES 2022-101 NEW BUSINESS: A. First Quarter Budget Reforecast Finance SUMMARY OF REQUEST: At this time staff is asking for approval of the 1st Quarter Budget Reforecast for the FY2022-23 budget year. Staff has prepared the 1st Quarter Budget Reforecast memo outlining some of the highlights is attached and supporting documentation. STAFF RECOMMENDATION: To approve the 1st Quarter FY 2022-23 Budget Reforecast as presented. Motion by Commissioner Ramsey, second by Commissioner St.Clair, to approve Page 6 of 7 7 the 1st Quarter FY 2022-23 Budget Reforecast as presented. ROLL VOTE: Ayes: Gorman, St.Clair, Johnson, and Ramsey Nays: None MOTION PASSES ANY OTHER BUSINESS: Commissioner St.Clair recognized the clerk and staff as well as other city staff that helped with the election. Mayor Johnson expressed the commission’s appreciation to Interim City Manager, LeighAnn Mikesell, as this will be her last meeting as Interim. Mayor Johnson invited all to the house swearing-in ceremony for Jonathan at 9:00 a.m. with light refreshments. The Mayor also invited all to participate in the Christmas Tree Lighting on Saturday, November 26, 2022 at 5:15 at Hackley Park. PUBLIC COMMENT ON NON-AGENDA ITEMS: Public comments were received. ADJOURNMENT: The City Commission meeting adjourned at 6:46 p.m. Respectfully Submitted, Ann Marie Meisch, MMC – City Clerk Page 7 of 7 8 CITY OF MUSKEGON CITY COMMISSION WORKSESSION Monday, December 12, 2022 5:30 pm City Commission Chambers MINUTES Present: Commissioners Hood, Emory, Johnson, Gorman, and German. Absent: Commissioners St. Clair and Ramsey. Kris Collee - AgeWell Services – Presentation Regarding Senior Millage Kris Collee gave a presentation regarding the services AgeWell Services offer through the Senior Millage program. Long Term Goals Review City staff has made great strides working on long term goals. The goals were approved in July 2022. Deputy City Manager LeighAnn Mikesell listed many projects that staff from all departments has been assisting with in the areas of destination community & quality of life, economic development, housing, and business, community connection, and financial infrastructure. Muskegon Ordinance & Muskegon Social Equity Program Update Staff is seeking guidance in the following areas: How to spend this years Education/Hard Reduction funds How to spend 2021 & 2022 Expungement Clinic funds How to roll over unused funds from previous years How to advertise for scholarships Direction for 2023 funds Mike Franzak reviewed the current guidelines and offered some suggested changes for tomorrow’s Commission meeting. The Commission discussed possibly doing a Request For Proposal for an expungement clinic and that the service be offered completely for free to any City of Muskegon resident. The RFP will be presented to the City Commission the first meeting in January. The Commission would like to see education to younger people possibly through the school system and to provide discussion about the recreational use and possible repercussions with employment. 9 Crayton Goins, with Greenwood Gardens, 1839 Peck Street, would be willing to provide higher learning state-certified training and have offered to split the cost of the training with the City of Muskegon. This item will be on the December 13, 2022 Commission meeting for consideration. Brownfield and Infill Housing Presentation Jake Eckholm presented a powerpoint presentation on the infill housing program. Most of the parcels and houses have been placed in the City’s Brownfield Plan Amendment to recover costs and losses related to the program. The City also uses Tax Increment Financing that allows municipalities to withhold and retain other taxing jurisdictions funds for eligible expenses. Any Other Business Commissioner Emory indicated she has received several complaints of residents receiving parking tickets at Grand Trunk. She has been told this is for paid parking only for ice fishermen in the winter time. The parking stickers are currently not available. Citizens may purchase a voucher for a sticker that can be turned in at a later date. Public Comments None. Adjourn. Moved by Commissioner Hood, seconded by Commissioner Emory to adjourn the meeting at 6:59 pm Respectfully Submitted, Ann Marie Meisch, MMC – City Clerk 10 C I T Y O F M U S K E GO N CITY COMMISSION MEETING D E C E M B E R 1 3 , 2 0 2 2 @ 5 : 3 0 P. M . MUSKEGON CITY COMMISSION CHAMBERS 9 3 3 T E R R AC E S T R E E T, M U S K E GO N , M I 4 9 4 4 0 MINUTES The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, December 13, 2022, Reverend Diane Stark from Unity of Muskegon, opened the meeting with a prayer, after which the Commission and public recited the Pledge of Allegiance to the Flag. Present: Mayor Ken Johnson, Vice Mayor Willie German, Jr., Commissioners Rachel Gorman, Michael Ramsey, and Teresa Emory, City Manager Jonathan Seyferth, City Attorney John Schrier, and City Clerk Ann Meisch. Absent: Commissioners Michael Ramsey and Rebecca St.Clair HONORS, AWARDS, AND PRESENTATIONS: A. Recognition of 9/11 Event Participants by BSA Troop 1053 Dave Paulson, Scout Master of Troop 1053, and Eagle Scout Parker Macjewski presented certificates of Appreciation and Recognition to participants from two separate 9/11 events that were held at the USS LST 393 and USS Silversides. Those recognized included Mayor Johnson, 92nd District State Representative Terry Sabo, 34th District State Senator Jon Bumstead, Master of Ceremonies, James Flood, and Petty Officer First Class Jeff Fisher. An appreciation certificate and event patch were presented to each participant that was in attendance. All are invited to attend the events next year on September 11, 2023 at both the USS LST 393 and USS Silversides. B. Recognition of Muskegon Police Officers Public Safety Director, Chief Tim Kozal, recognized three officers of the Muskegon Police Department - Mike Lamsma promoted to Sergeant in 2018 and recently retired. Sergeant John Burns, promoted to his current position on December 22, 2022. Officer Al Hairston received the Black Magic Award from the Young Black Professionals Group on November 28, 2022 for serving as a positive role model. Page 1 of 13 11 C. New Staff Introductions – Planning & Economic Development Jake Eckholm, Development Services Director, introduced Contessa Hood, Development Analyst, a new hire in the department. Contessa was born and raised in Muskegon, graduated from Reeth's Puffer and Central Michigan University and is excited to be here after being away from Muskegon for several years. D. Resolution Presentation to Leo Evans, Outgoing Director of Department of Public Works Mayor Johnson presented Leo Evans, Department of Public Works Director, with a resolution recognizing his service to the City of Muskegon. We all wish him the best at his new position in Colorado. PUBLIC COMMENT ON AGENDA ITEMS: No public comments received. 2022-103 CONSENT AGENDA: A. Approval of Minutes City Clerk SUMMARY OF REQUEST: To approve the minutes of the November 7, 2022 Worksession Meeting. STAFF RECOMMENDATION: To approve the minutes. B. Sale of 1318 Pine Street City Manager SUMMARY OF REQUEST: Staff is requesting approval of the purchase agreement for 1318 Pine Street. 1318 Pine Street was constructed through the agreement with Dave Dusendang to construct infill housing with ARPA funding. STAFF RECOMMENDATION: To approve the purchase agreement for 1318 Pine Street. D. Non-Union Part Time & Limited Term Wage Matrix EEO & Employee Relations SUMMARY OF REQUEST: This is the proposed non-union, part-time and limited-term wage matrix for 2023. STAFF RECOMMENDATION: Approve the non-union, part-time and limited-term wage matrix for 2023. E. Amendments to the Muskegon Social Equity Program Application Planning SUMMARY OF REQUEST: Request to amend the programs and the requirements for the Muskegon Social Equity Program and associated application. Page 2 of 13 12 Changes include: Clarified how much funding an applicant may receive (Up to $10,000 unless approved by the Commission). For “Education/Training Scholarship”, “Business Start-Up Grant” and “Business Start-Up Loan”, added a stipulation that a parent could also have had the conviction while the applicant was in school. Created a new category, the “Marihuana Industry Training Scholarship”. This is for residents that want to get into the marihuana industry. There are more options to qualify for this than the “Education/Training Scholarship.” Removed the “Marihuana Equipment Grant” category since it could be covered by the “Business Start-Up Grant.” STAFF RECOMMENDATION: To approve the changes to the Muskegon Social Equity Program and associated application as presented. F. Roberts Street Reconstruction Award Public Works SUMMARY OF REQUEST: Staff is requesting approval of a contract with McCormick Sand, Inc. in the amount of $828,230.30 for the reconstruction of Roberts Street from Sherman to Laketon, with $372,703.61 being covered by a TEDF Category F grant from MDOT. On November 7, 2022, Commission approved a grant agreement with MDOT that awarded up to $375,000 to the City for a Transportation Economic Development Fund (Category F) Grant, with the specific amount being 45% of the construction contract. The City received bids on November 28, 29022, and McCormick Sand, Inc. was the low bidder at $828,230.30. The grant, at 45%, will cover $372,703.64 of the project cost, leaving $455,526.66 for the City to pay out of the highway fund. The bids came in substantially below the estimate, so this request is for over $200,000 less than was authorized at the time of the grant agreement. McCormick Sand has performed admirable for the City in the past, and staff recommends award. AMOUNT REQUESTED: $455,546.66 AMOUNT BUDGETED: $825,000 Requested $31,880.07 Expended $793,119.93 Remaining FUND OR ACCOUNT: 202 (Major Streets) STAFF RECOMMENDATION: Approval of the contract with McCormick Sand, Inc. in the amount of $828,230.30 for the reconstruction of Roberts street from Sherman to Laketon. Page 3 of 13 13 I. Muskegon Conservation District (MCD) Native Planting Project Public Works SUMMARY OF REQUEST: Staff is requesting a letter of support and commitment of matching funds to support a joint initiative with the Silversides Museum and the Muskegon Conservation District for a native planting project. The Silversides Museum has worked with the City and Muskegon Conservation District (MCD) to identify several areas surrounding the museum campus that they would like to see converted into native plantings. Much of the area is currently maintained as lawn and provides limited recreational/pollinator value while requiring routine maintenance to maintain. The conversion of these areas to native plantings would achieve all of the goals outlined on page 2 of the 2018 Urban Pollinator Habitat Plan. This area was not specifically identified in the 2018 plan, however most of the areas that were identified have already been accomplished or have run into obstacles that have prevented or delayed implementation. The project has received a letter of support from the Silversides Museum who is currently responsible for the maintenance of a portion of the designated area, and is also supported by City staff that maintain the remainder of the area. Staff from the Silversides Museum has also engaged the Beachwood-Bluffton Neighborhood Association and has solicited a letter of support from that group. Staff from the Silversides Museum will also be engaging with the six (6) residents along Channel Drive regarding the conversion of the property across from them. MCD is currently in the process of applying for a grant through the Wildflower Association of Michigan to partially fund this project and is seeking a formal letter of support from the City, authorization to use the property (City is the underlying land owner of all the impacted property), and a commitment of up to $4,500 in matching funds to support the invoiced implementation costs. In addition, the city will provide in kind services to support the implementation should the grant be successful by assisting with yard waste removal and cleanup on the site. A majority of the work will be completed by MCD staff with assistance from volunteer groups organized through the Silversides Museum. Though this project was not specifically identified in the initial budget drafting the expense is relatively small and staff is comfortable that it can be allocated within the existing Parks budget with minimal to no adverse impacts. AMOUNT REQUESTED: $4,500 AMOUNT BUDGETED: $0 FUND OR ACCOUNT: 101-770 (Parks Maint) STAFF RECOMMENDATION: To authorize the DPW Director to sign the letter of support, the grant authorization and the property access letter, the MCD Cooperator Page 4 of 13 14 Agreement and commit up to $4,500 in matching funds towards the project implementation should the grant be successful. J. MDNR SPARK Grant Resolution Public Works SUMMARY OF REQUEST: Staff is requesting approval of the resolution for inclusion with our SPARK Grant Application due on December 19, 2022. Staff has been working to identify a potential target project for the newly established MDNR SPARK Grant program and based on previous staff recommendation and commission action staff is working towards submitting a packet related to reconstruction of the Muskegon Splash Pad. An RFP was issued and proposals received from interested firms on Tuesday, November 29th. Staff is working to vet and shortlist the submitted proposals so they can be presented to the commission and community for feedback in help determining the best proposal for the site. Given that the design and selection is not yet finalized at the application deadline, staff is pursuing a grant in the amount of $250,000 and proposing that the remaining cost be provided by the city as a local match. This creates a variable match amount ranging from $23,913.00 to $218,300 depending on which design is selected to pursue. Application packets are due on December 19th, 2022 with an expected quick turn around and announcement of the first-round recipients in January 2023. If the project is not successful in the first round of funding it will be automatically enrolled for consideration in future rounds of funding. If the project is selected for funding in the first round it is possible that construction could take place as quickly as the Spring/Summer of 2023. AMOUNT REQUESTED: $23,913 - $218,300 AMOUNT BUDGETED: $0 FUND OR ACCOUNT: TBD STAFF RECOMMENDATION: Approve the resolution and authorize the Clerk to sign. K. Non-Union Pay/Benefits 2023 City Manager SUMMARY OF REQUEST: Staff is seeking approval of the 2023 non-union employee wage and benefit program. CPI is 8.5% this year. A review and comparison of past increases to union and non-union staff is noted below. 2021: union staff received from 1% - 3% increases with an average of 2.1% Non-union staff received 0% plus a $500 lump sum payment Page 5 of 13 15 2022: union staff received from 1% - 14.5% increases with an average of 4.6% Non-union staff received a 2% wage increase plus a 0.5% lump sum payment 2023: union staff will receive from 0% - 16% increases with an average of 5.6% Between 2020 and 2023, union staff have received an average of 11.2% in wage increases while non-union staff have received 2%. We are seeking approval of the following: 8% wage increase AMOUNT REQUESTED: $3,536,331.47 AMOUNT BUDGETED: $3,400,072.55 STAFF RECOMMENDATION: To approve the 8% wage increase for non-union staff effective January 1, 2023. L. Virtual Public Participation Policy City Clerk SUMMARY OF REQUEST: To adopt a virtual public participation policy. The Legislative Committee requested a policy be drafted allowing citizens the ability too call in to make comment on any meeting played live on social media or television. For any other meetings that fall under the Open Meetings Act, citizens must submit a request at least tow business days in advance. A zoom link will be provided to those individuals. They will have the ability to give up to three minutes of public comment. STAFF RECOMMENDATION: To adopt the Virtual Public Participation Policy as presented. M. Conservation Easement Agreement at Remembrance Drive Site Development Services SUMMARY OF REQUEST: Staff is requesting that Commission authorize a conservation easement agreement between the City of Muskegon and James Street Capital, owner of the 500,000 square foot warehousing facility that is operated by KL Outdoors. During the planning and construction of the large warehousing building in 2017 and 2018, MDEQ (now EGLE) cited a small piece of regulated wetland and the build-site. The Developers at the time requested that the city consider allowing a conservation easement on an adjacent, non-buildable city-owned parcel. This was principally agreed upon by all parties as a logical solution, but never completed. The agreement codifies the easement and completes the wetland mitigation process for this development. Attached in this item is the easement agreement signed by the current owners of KL Outdoor, a letter from the city manager’s office allowing a mitigation study and easement due diligence on our property, and an aerial photo illustrating the impacted wetland (which is now built on) in red and the proposed easement area in blue. Page 6 of 13 16 STAFF RECOMMENDATION: To approve the Conservation Easement Agreement as presented and authorize the Mayor and Clerk to sign. O. CRC Recommendation Regarding Attendance Policy City Clerk SUMMARY OF REQUEST: The CRC recommends making amendments to have a set number of excused and unexcused absences that is the same for all boards within the Community Relations Committees. The number of absences would be different depending on how often the board meets. The CRC recommends making amendments to have a set number of excused and unexcused absences that is the same for all boards within the Community Relations Committees. The number of absences would be different depending on how often the board meets. Meetings that meet monthly: Not more than 3 Unexcused missed meeting during the year. Not more the 4Excused/Absent missed meetings during the year. Meetings that meet quarterly: Not more than 1 Unexcused missed meeting during the year. Not more the 2 Excused/Absent missed meetings during the year. Meetings the meet semiannually: Not more than 1 Unexcused missed meeting during the year. Not more the 1 Excused/Absent missed meeting during the year. Meetings that meet annually No Unexcused or Excused missed meetings permitted. Definition of Terms: Unexcused – Does not notify Board Liaison of absence and does not attend meeting. Excused – Notifies Board Liaison of absence at least 72 hours in advance of missed meeting. Absent – Reserved for emergency situations and up to the discretion of the Board Liaison and Community Relations Committee members. STAFF RECOMMENDATION: To concur with the Community Relations Committee and adopt the revised Attendance Policy. P. CRC Recommendation Regarding Reappointments to BID BoardCity Clerk SUMMARY OF REQUEST: To concur with Community Relations Committee on Page 7 of 13 17 reappointments to Business Improvement District Board. The CRC recommends reappointing Bruce Lindstrom and Bob Tarrant – Assessed property owners or their representatives – Terms Expiring 12/31/2025, to the Business Improvement District. STAFF RECOMMENDATION: To approve the reappointments. Motion by Commissioner Gorman, second by Commissioner Emory, to accept the consent agenda as presented, minus items C, G, H, and N. ROLL VOTE: Ayes: Johnson, Hood, German, Gorman, and Emory Nays: None MOTION PASSES 2022-104 REMOVED FROM CONSENT AGENDA: C. Good Temps Staffing Services Extension EEO & Employee Relations SUMMARY OF REQUEST: The City is requesting an extension for the Good Temps Staffing Service Agreement of one year. This agreement will be from January – December, 2023. STAFF RECOMMENDATION: To approve the one-year extension of the Good Temps Staffing Service Agreement for 2023. Motion by Commissioner Gorman, second by Commissioner Emory, to approve the one-year extension of the Good Temps Staffing Service Agreement for 2023. ROLL VOTE: Ayes: Johnson, Hood, German, Gorman, and Emory Nays: None MOTION PASSES G. Hartshorn Marina 2023 Rates Public Works SUMMARY OF REQUEST: Staff is seeking Commission approval to set the 2023 Rates for Hartshorn Municipal Marina. Staff is proposing to set the rates at Hartshorn Marina for the 2023 season as follows, these rates are also currently under the review b MDNR for the 2023 season as follows, these rates are also currently under review by MDNR for their concurrence as a Grant- In-Aid Harbor which we are obligated to operate as through the 2024 boating season. 30 FT Slip = $2,580 (2022 Rate = $2,310) 40 FT Slip = $3,440 (2022 Rate = $3,080) 60 FT Slip = $4,620 (2022 Rate = $4,080) Page 8 of 13 18 Mooring Field = $583 (2022 Rate $583 Transient = Range H (2022 Rate = Range G) This is the first fee adjustment that has been proposed since the 2019 season. The marina was closed in 2020, and the rates shown above for 2022 were also used during the 2022 season. It should be noted that since the loss of the T-Dock and the small boat basin following the high-water cycles there has been limited to no availability for transient slips. All of the 77current slips are slated for seasonal slip holders and roughly half of the mooring field is reserved on an annual basis. FUND OR ACCOUNT: 594 STAFF RECOMMENDATION: Approve the 2023 user fee rates as proposed for Hartshorn Marina provided the proposed rates are also approved by the Michigan Department of Natural Resources (MDNR). Motion by Commissioner Emory, second by Vice Mayor German, to approve the 2023 user fee rates as proposed for Hartshorn Marina provided the proposed rates are also approved by the Michigan Department of Natural Resources (MDNR). ROLL VOTE: Ayes: Hood, German, Gorman, Emory, and Johnson Nays: None MOTION PASSES H. Sanitation Contract Extension Public Works SUMMARY OF REQUEST: Staff is seeking Commission approval to adopt a proposed 5.5. Yearn Extension of Sanitation Services with Republic Services, Inc. to provide Solid Waste, Recycling, and Yard Waste Services for city residents. The proposal from Republic Services proposed to largely extend the existing services in place. The major changes are as follows: 5.5 Year Extension (January 1, 2023 – June 30, 2028). Similar to previous extension terms but modified to align with the city fiscal year with a 4% rate increase on January 1, annually each year starting in 2024. Solid Waste cost per unit (residence) in 2023 at $12.26/unit (2022 Rate is $11.62/Unit) Recycling cost per unit in 2023 is $4.78/Unit (2022 Rate is $4.50/Unit) Solid Waste Cost is $100/Load (2022 Rate is $10.50/Ton or roughly $125/Load) Offers a soft reopener clause for changes in material elements of work greater than 15% year over year. Page 9 of 13 19 Provides complimentary service to several city utilized dumpsters around town that support Park and event operations. Provides that by 2027 Republic Services will implement a tracking mechanism to record which properties are collected and which are not on a daily basis and report that out in electronic format to the City. This information can be the basis of considering an alternative funding mechanism in future extensions if there is a desire to switch to a pay per use model rather than a pay per unit model, or to explore options that further incentivize recycling similar to how Grand Rapids handles their solid waste programming. No change to the bulk item (pink sticker) program, or the Neighborhood Dumpster Day program. Those remain in place at the costs established in previous contracts. The current contract is set to expire at the end of the calendar year. Staff is very satisfied with the service that Republic provides in terms of the level of support and cooperation that is involved, as well as the price per unit to deliver this service to the city. The first full year of the program is expected to cost approximately $2.2 million. The 22/23 budget includes $2.107 million for Republic Services. Being that on ½ of the fiscal year will fall under this new contract we expect that the 22/23 budgeted amount will very nearly cover the cost of this increase. Revenue to support these costs are derived from the 3 mill sanitation fee levied on all properties in the city, in addition to the Sanitation Fee charged on all water bills, and any user fees collected for bulk item stickers, etc. These revenue sources should continue to fully support the expenses of this contract with the potential need for minor annual adjustments depending on the growth of the levied millage. AMOUNT REQUESTED: AMOUNT BUDGETED: No Change to Budgeted Amount (22/23) $2.075M (22/23) $2.20 Million (23/24) TBD (23/24, and beyond) $2.29 Million (24/25) $2.38 Million (25/26) $2.47 Million (26/27) $2.57 Million (27/28) FUND OR ACCOUNT: 101-521 (Sanitation) STAFF RECOMMENDATION: To approve the 5.5 year contract extension for sanitation with Republic Services, Inc. Page 10 of 13 20 Motion by Commissioner Gorman, second by Commissioner Hood, to approve the 5.5 year contract extension for sanitation with Republic Services, Inc. ROLL VOTE: Ayes: German, Gorman, Emory, Johnson, and Hood Nays: None MOTION PASSES N. 2023 FOP Contract City Manager SUMMARY OF REQUEST: Staff is seeking approval of the proposed collective bargaining agreement with the Fraternal Order of Police Labor Council. City staff and Fraternal Order of Police Labor Council representatives have agreed upon new contract items that would take effect January 1, 2023. A summary of the tentative agreements and wage scale is attached, and the FOP has ratified the contract. The new wage scale provides better distribution among classifications in patrol and command over time. There is an impact to the budget with the revised wages. The formal agreement is being prepared by counsel. The new agreement is beneficial to both parties. Staff is prepared to begin implementing the provision of the contract on January 1, 2023. AMOUNT REQUESTED: $97,341.55 increase AMOUNT BUDGETED: $9,100,000 FUND OR ACCOUNT: 40301 STAFF RECOMMENDATION: To approve the collective bargaining agreement with the Fraternal Order of Police Labor Council as presented. Motion by Commissioner Gorman, second by Commissioner Emory, to approve the collective bargaining agreement with the Fraternal Order of Police Labor Council as presented, which may be corrected for technical and grammatical reasons. ROLL VOTE: Ayes: German, Gorman, Emory, Johnson, and Hood Nays: None MOTION PASSES 2022-105 NEW BUSINESS: A. Housing Board of Appeals Demolition – 808 Oak Avenue Public Safety SUMMARY OF REQUEST: This is to request that the City Commission concur with the findings of the Housing Board of Appeals that the structures are unsafe, substandard, a public nuisance and that they be demolished within 30 days. It is further requested that administration be directed to obtain bids for the demolition of the structures 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 Page 11 of 13 21 owner, agent or responsible party if they do not demolish the structure. The Housing Board of Appeals has deemed 808 Oak Avenue to be in property maintenance violation since 2016. Property has been a long-standing area of blight and public nuisance/hazard. Property includes a house, multiple outbuildings, two garages, and two large pole barns. House is gutted down to the studs, has multiple holes in the roof, and is unsecured. Garages, outbuildings, and pole barns are severely dilapidated. Staff has not been inside buildings so the extent of the dilapidation is unknown. Owner has expressed desire to sell property but has not provided any plan to bring the property or buildings into compliance. No permits have been applied for. HBA declared the house in September 2022. Owner has not been to any HBA meetings. STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish and authorize administration to obtain bids for the demolition and that the Mayor and Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Motion by Commissioner Hood, second by Vice Mayor German, to refer this item back to the Housing Board of Appeals. ROLL VOTE: Ayes: Gorman, Emory, Johnson, Hood, and German Nays: None MOTION PASSES B. Adelaide Pointe Reimbursement Agreement City Manager SUMMARY OF REQUEST: Staff is seeking approval of the development reimbursement agreement for Adelaide Pointe. The development reimbursement agreement is the next step in the process of finalizing the city’s partnership with the developer through the Brownfield Redevelopment Authority. This agreement provides the outline for how the partners will cooperate on funding the improvements to the site. The city will sell bonds for agreed upon expenses and be reimbursed through tax capture. The developer will also incur brownfield eligible expenses which will be repaid through tax capture. Individual addenda will be prepared, throughout the term of the development project, to reflect project phases. Each addendum will be presented to the BRA and the Commission for consideration and approval. Staff hosted a public forum on October 3, 2022 to gather public input and answer questions about the development. The Brownfield Redevelopment Authority considered the agreement at their December 13, 2022 meeting. STAFF RECOMMENDATION: To approve the development and reimbursement agreement for Adelaide Pointe. Page 12 of 13 22 Motion by Commissioner Gorman, second by Commissioner Hood, to approve the development and reimbursement agreement for Adelaide Pointe. ROLL VOTE: Ayes: Gorman, Emory, Johnson, Hood, and German Nays: None MOTION PASSES ANY OTHER BUSINESS: Vice Mayor German asked if there was an update on the Mart Dock property lawsuit in Circuit Court - no update at this time. Chief Kozal provided information about parking at Grand Trunk. The ordinances that govern launch ramp parking 58-3 and 97-74.92-71 LO15 says that passes are required. Recommends making it so that the ordinances so that they are easier to read for our boat launch/marina. There is no enforcement at this time. PUBLIC COMMENT ON NON-AGENDA ITEMS: Public comments were received. ADJOURNMENT: The City Commission meeting adjourned at 6:45 p.m. Respectfully Submitted, Ann Marie Meisch, MMC – City Clerk Page 13 of 13 23 AGREEMENT BETWEEN THE CITY OF MUSKEGON AND LAKESHORE CREATIVE SERVICES, LLC This agreement is made this 10th day of January, 2023, by and between City of Muskegon, a Michigan municipal corporation (“City”) and Lakeshore Creative Service, LLC, a domestic limited liability company (“Lakeshore”), who agree as follows: RECITIAL 1. The City desires to have its City Commission meetings recorded and broadcasted on its cable television, public educational, and governmental (“PEG”) access channels provided pursuant to federal law. 2. In exchange for broadcasting City Commission meetings, the City agrees to compensate Lakeshore and to encourage expansion of Lakeshore’s responsibilities and access to City’s Government Access Channel to broadcast programming consistent with PEG Channel purposes. NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties agree as follows: SECTION 1. SCOPE OF SERVICES: Lakeshore shall provide the following services. 1.1 BROADCASTING LOCAL GOVERNMENT PROGRAMMING. Produce and broadcast, regularly scheduled, City Commission meetings, excluding work sessions, and meeting of other committees, boards and commissions that the City might require, and other reasonable programs or issues that the City Commission may deem necessary. 1.2 OTHER ACTIVITIES. Undertake other PEG access programming activities and services deemed appropriate by Lakeshore and consistent with the obligation to facilitate and promote PEG access programming and provide non-discriminatory access pursuant to an amendment(s) to this Agreement. SECTION 2. COMPENSATION: City shall compensate Lakeshore as follows: 2.1 CITY COMMISSION MEETINGS. Lakeshore shall be paid $450 per City Commission meeting. Payment shall be made in the calendar month following services provided. 2.2 EQUIPMENT. Lakeshore paid up to $2,500 in 2019 for additional equipment, as approved in writing by the City Clerk. The equipment shall be owned by the City and shall be delivered to the City Clerk upon termination of this Agreement. 24 2.3 EXTRA SERVICES. City Clerk and Lakeshore may agree to additional services for a specified fee and insurance requirements. Such Agreement must be in writing and signed by both parties to be effective. SECTION 3. COPYRIGHT: 3.1 OWNERSHIP: The City shall own the copyright of any programs that the City requests Lakeshore to produce and Lakeshore agrees to assign all such rights to the City and shall execute all documents reasonably requested to effect such assignment and registration of copyrights assigned. Copyright of all other programs shall be held by the person(s) who produced the program. SECTION 4. NON-DISCRIMINATION IN : Lakeshore shall not discriminate in the delivery of services or against any person, employee, or applicant for employment or contract work on the basis of race, color, creed, religion, sex, sexual preference, marital status, ancestry, national origin or physical or mental disability. SECTION 5. INDEPENDENT CONTRACTOR: It is understood and agreed that Lakeshore is an independent contractor and that no relationship of principal/agent or employer/employee exists between the City and Lakeshore. If in the performance of this Agreement and third persons are employed by Lakeshore, such persons shall be entirely and exclusively under the control, direction and supervision of Lakeshore. All terms of employment, including hours, wages, working conditions, discipline, hiring and discharging, or any other term of employment, shall be determined by Lakeshore and the City shall have no authority over such persons or terms of employment. SECTION 6. ASSIGNMENT AND SUBLETTING: Neither this Agreement nor any interest herein shall be assigned or transferred by Lakeshore, except as expressly authorized in writing by the City. SECTION 7. TERMS OF AGREEMENT: This Agreement shall be for a period of two years commencing January 10, 2023 and ending January 31, 2025, unless terminated earlier, as provided in this Agreement. SECTION 8. TERMINATION OF AGREEMENT/TRANSFER OF ASSETS: Either party shall have the right upon sixty (60) days written notice. SECTION 9. TIME: This is of the essence in this Agreement and for the performance of all covenants and conditions of this Agreement. SECTION 10. COOPERATION: Each party agrees to execute all documents and do all things necessary and appropriate to carry out the provisions of this Agreement. SECTION 11. APPLICABLE LAW: This Agreement shall be interpreted and enforced under the laws of the State of Michigan. 25 SECTION 12. NOTICES: All notices and other communication to be given by either party may be given in writing, depositing the same in the United States mail, postage prepaid and addressed to the appropriate party as follows: TO: CITY OF MUSKEGON Attn: City Clerk 933 Terrace Street Muskegon, MI 49440 TO: LAKESHORE CREATIVE SERVICES, LLC Attn: Andy O’Riley NEED TO COMPLETE ADDRESS Any party may change its address by written notice to the other party at any time. SECTION 13. ENTIRE AGREEMENT: This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or verbal. This Agreement may be amended only by written agreement and no purported verbal amendment to this agreement shall be valid. CITY OF MUSKEGON By__________________________ Ken Johnson, Its Mayor By__________________________ Ann Marie Meisch, Its Clerk LAKESHORE CREATIVE SERVICES, LLC By___________________________ Andy O’Riley, Owner 26 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 10, 2023 Title: Transmittal of 6/30/22 Annual Comprehensive Financial Report Submitted By: Kenneth D. Grant Department: Finance Director Brief Summary: The City’s June 30, 2022 Annual Comprehensive Financial Report (ACFR) will be distributed to the City Commissioners via email and hard copy. The ACFR will also be available on the City’s website. The ACFR includes the annual independent auditor’s report as required by state law. At this time the ACFR is being formally transmitted to the City Commission. The ACFR has been prepared in accordance with all current Governmental Accounting Standards Board (GASB) pronouncements and also includes the single audit of federal grants received by the City. CAFR2022.pdf (muskegon-mi.gov) Detailed Summary & Background: Goal/Focus Area/Action Item Addressed: Amount Requested: Amount Budgeted: Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: To accept the June 30, 2022 ACFR and authorize staff to transmit the ACFR to appropriate Federal, State and private agencies. Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting to sending to the Clerk. Immediate Division Head Information Technology No Other Division Heads Communication Yes Legal Review For City Clerk Use Only: Commission Action: 27 Annual Comprehensive Financial Report City of Muskegon Fiscal Year Ended June 30, 2022 28 29 CITY OF MUSKEGON, MICHIGAN ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2022 Prepared By FINANCIAL SERVICES DIVISION Kenneth D. Grant Jason Boes Finance Director Information Systems Director Jessica Rabe Hayden Nickell Assistant Finance Director Management Assistant Sarah Wilson City Treasurer 30 [This page was intentionally left blank.] 31 City of Muskegon TABLE OF CONTENTS INTRODUCTORY SECTION Letter of Transmittal .................................................................................................................................. 5 Certificate of Achievement for Excellence in Financial Reporting......................................................... 11 Organization Chart .................................................................................................................................. 12 List of Principal Officials ........................................................................................................................ 13 FINANCIAL SECTION Independent Auditor’s Report ................................................................................................................. 17 Management’s Discussion and Analysis ................................................................................................. 21 Basic Financial Statements Government-wide Financial Statements Statement of Net Position ................................................................................................................. 34 Statement of Activities ...................................................................................................................... 36 Fund Financial Statements Governmental Funds Balance Sheet ................................................................................................................................ 37 Reconciliation of the Governmental Funds Balance Sheet to the Statement of Net Position ................................................................................................. 38 Statement of Revenues, Expenditures and Changes in Fund Balances ........................................................................................................................ 39 Reconciliation of the Governmental Funds Statement of Revenues, Expenditures and Changes in Fund Balances to the Statement of Activities .................................................................................................................................... 40 Proprietary Funds Statement of Net Position .............................................................................................................. 41 Statement of Revenues, Expenses and Changes in Net Position ................................................... 43 Statement of Cash Flows ............................................................................................................... 44 Fiduciary Funds Statement of Net Position .............................................................................................................. 45 Statement of Changes in Net Position ........................................................................................... 46 Discretely Presented Component Units Statement of Net Position ................................................................................................................. 47 Statement of Activities ...................................................................................................................... 48 Notes to Financial Statements .............................................................................................................. 49 Required Supplementary Information Budgetary Comparison Schedule—General Fund ............................................................................... 90 Budgetary Comparison Schedule—Major Street and Trunkline Fund ................................................ 95 Budgetary Comparison Schedule—Trinity Health Arena Fund .......................................................... 96 Schedule of Changes in Net Pension Liability and Related Ratios ...................................................... 97 Pension System Schedule of Contributions ......................................................................................... 98 Retiree Healthcare System Schedule of Changes in the Net OPEB Liability and Related Ratios ............................................................................................. 99 Retiree Healthcare System Schedule of Contributions ...................................................................... 100 Retiree Healthcare System Schedule of Investment Returns ............................................................. 101 1 32 City of Muskegon TABLE OF CONTENTS Other Supplemental Information Other Governmental Funds Description of Other Governmental Funds ..................................................................................... 104 Combining Balance Sheet ............................................................................................................... 106 Combining Statement of Revenues, Expenditures and Changes in Fund Balances (Deficits) ............................................................................................................. 107 Other Special Revenue Funds Combining Balance Sheet............................................................................................................ 108 Combining Statement of Revenues, Expenditures and Changes in Fund Balances .......................................................................................................................... 109 Budgetary Comparison Schedule—Other Special Revenue Funds ............................................. 110 Other Capital Projects Funds Combining Balance Sheet............................................................................................................ 113 Combining Statement of Revenues, Expenditures and Changes in Fund Balances (Deficits) .......................................................................................................... 114 Internal Service Funds Description of Internal Service Funds ............................................................................................ 115 Combining Statement of Net Position ............................................................................................ 116 Combining Statement of Revenues, Expenses and Changes in Fund Net Position ..................................................................................................... 117 Combining Statement of Cash Flows.............................................................................................. 118 Fiduciary Funds Description of Fiduciary Funds....................................................................................................... 119 Custodial Funds Combining Statement of Net Position ......................................................................................... 120 Combining Statement of Changes in Net Position ...................................................................... 121 Discretely Presented Component Units Description of Discretely Presented Component Units .................................................................. 123 Combining Balance Sheet ............................................................................................................... 124 Reconciliation of the Governmental Funds Balance Sheet to the Statement of Net Position .................................................................................................. 125 Combining Statement of Revenues, Expenditures and Changes in Fund Balances (Deficits) ......................................................................................................... 126 Reconciliation of the Governmental Funds Statement of Revenues, Expenditures and Changes in Fund Balances (Deficits) to the Statement of Activities ................................................................................................................................. 127 Schedule of Indebtedness ................................................................................................................... 129 2 33 City of Muskegon TABLE OF CONTENTS STATISTICAL SECTION Financial Trends Net Position by Component ............................................................................................................... 134 Changes in Net Position ..................................................................................................................... 135 Fund Balances of Governmental Funds ............................................................................................. 137 Changes in Fund Balances of Governmental Funds .......................................................................... 138 Revenue Capacity Governmental Activities Revenues by Source ................................................................................... 139 Taxable, Assessed and Equalized and Estimated Actual Valuation of Property................................ 140 Principal Property Taxpayers ............................................................................................................. 141 Property Tax Rates – Direct and Overlapping Government Units ..................................................... 142 Property Tax Levies and Collections ................................................................................................. 143 Total Income Tax Collected and Number of Returns Filed ............................................................... 144 Debt Capacity Ratio of Outstanding Debt by Type ................................................................................................... 146 Direct and Overlapping Debt ............................................................................................................. 147 Legal Debt Margin Information ......................................................................................................... 148 Revenue Bond Coverage .................................................................................................................... 149 Demographic and Economic Information Demographic and Economic Statistics ............................................................................................... 150 Principal Employers ........................................................................................................................... 151 Operation Information Full-time Equivalent Government Employees ................................................................................... 152 Operating Indicators by Function/Program ........................................................................................ 153 Capital Asset Statistics by Function/Program .................................................................................... 154 SINGLE AUDIT OF FEDERAL FINANCIAL ASSISTANCE PROGRAMS Independent Auditor’s Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards .................................................................................................... 156 Independent Auditor’s Report on Compliance for Each Major Program and on Internal Control over Compliance Required by the Uniform Guidance .................................................................................................................... 158 Schedule of Expenditures of Federal Awards ..................................................................................... 161 Notes to Schedule of Expenditures of Federal Awards ....................................................................... 164 Schedule of Findings and Questioned Costs ....................................................................................... 165 Client Documents Summary Schedule of Prior Audit Findings ................................................................................... 168 Corrective Action Plan ................................................................................................................... 169 3 34 [This page was intentionally left blank.] 4 35 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 21, 2022 Clerk (231)724-6705 FAX (231)724-4178 To the Honorable Mayor, Members of the City Commission, and Citizens of the City of Comm. & Neigh. Services Muskegon: (231)724-6717 FAX (231)726-2501 State law requires that every general-purpose local government publish, within six Computer Info. months of the close of each fiscal year, a complete set of audited financial statements. Technology (231)724-4126 This report is published to fulfill that requirement for the fiscal year ended June 30, FAX (231)722-4301 2022. Engineering (231)724-6707 FAX (231)727-6904 Management assumes full responsibility for the completeness and reliability of the information contained in this report, based upon a comprehensive framework of internal Finance (231)724-6713 control that it has established for this purpose. Because the cost of internal control FAX (231)726-2325 should not exceed anticipated benefits, the objective is to provide reasonable, rather Fire Department than absolute, assurance that the financial statements are free of any material (231)724-6795 FAX (231)724-6985 misstatements. Human Resources Co. (Civil Service) Brickley DeLong, PC, Certified Public Accountants, have issued an unmodified (231)724-6442 (“clean”) opinion on the City of Muskegon’s financial statements for the year ended FAX (231)724-6840 June 30, 2022. The independent auditor’s report is located at the front of the financial Income Tax (231)724-6770 section of this report. FAX (231)724-6768 Mayor’s Office Management’s discussion and analysis (MD&A) immediately follows the independent (231)724-6701 auditor’s report and provides a narrative introduction, overview, and analysis of the FAX (231)722-1214 basic financial statements. MD&A complements this letter of transmittal and should be Planning/Zoning read in conjunction with it. (231)724-6702 FAX (231)724-6790 Police Department (231)724-6750 Profile of the government FAX (231)722-5140 The City of Muskegon operates under a commission-manager form of government and Public Works (231)724-4100 provides a full range of traditional municipal services. Policy-making and legislative FAX (231)722-4188 authority are vested in the governing board (Commission) consisting of the mayor and SafeBuilt six commissioners. Two commissioners are elected at large and each of the four ward (Inspections) (231)724-6715 commissioners is elected by the voters of their respective wards. Commission FAX (231)728-4371 members serve four-year terms, with the two at large members elected every four years Treasurer in odd years and the four ward commissioners elected every four years in even years. (231)724-6720 The Mayor is also elected at-large for a four-year term. The Mayor and Commission FAX (231)724-6768 appoint the City of Muskegon’s manager. Water Billing (231)724-6718 FAX (231)724-6768 Water Filtration (231)724-4106 FAX (231)755-5290 5 36 The City of Muskegon provides a full range of services, including police and fire protection; solid waste collection; parks and recreation activities; the construction and maintenance of streets and roadways; street snowplowing; traffic control; building inspections; licenses and permits; water distribution and sewer disposal services; community and economic development; and general administrative support services. The City also provides treated drinking water to its residents and several surrounding communities. The Commission is required to adopt an initial budget for the fiscal year no later than the last regular meeting in June preceding the beginning of the fiscal year on July 1. This annual budget serves as the foundation for the City of Muskegon’s financial planning and control. The budget is prepared by fund, function (e.g., public safety), and department (e.g., police). The City Manager and department heads may transfer resources within a department as they see fit. Transfers between departments, however, need special approval from the Commission. Local economy The City of Muskegon is located in western Michigan on the shores of Lake Michigan. The City covers 18 square miles (including 4 miles of water) and, with a 2020 US Census population of 37,552 is the largest city on the eastern shore of Lake Michigan. The City is located in Muskegon County and is part of the Muskegon-Norton Shores Metropolitan Statistical Area (MSA), and the larger Grand Rapids-Wyoming-Muskegon Combined Statistical Area (CSA). Muskegon is home to many outstanding sports, recreation, and cultural activities: Muskegon has been the eastern terminus for the high-speed cross-lake ferry connecting Muskegon with Milwaukee, Wisconsin since 2004. The Lake Express service ferries 100,000-plus passengers each season between the two cities. Muskegon has been home to the annual Miss Michigan pageant since 1950. Pere Marquette beach is nationally recognized as one of the best beaches in the nation and welcomes hundreds of thousands of visitors. Muskegon is home to successful summertime festivals that attract more than 100,000 visitors to the community annually. These include Taste of Muskegon, the Discover Muskegon Festival, Bike Time and Rebel Road, the Unity Christian Music Festival, the Shoreline Jazz Festival, the Great Lakes Surf Festival, the Burning Foot Beer Festival, the Muskegon Polish Festival, and the Michigan Irish Music Festival. 6 37 Muskegon is the cultural hub for west Michigan with numerous museums and live performance venues: The Muskegon Museum of Art has one of the largest premier art collections in the Midwest, while the Lakeshore Museum Center provides insight into the area’s storied past. The Lakeshore Museum Center’s attractions include the Muskegon Heritage Museum, the former residences of lumber barons Charles H. Hackley and Thomas Hume, the Fire Barn Museum, and the Scolnik Depression Era House. Frauenthal Center for the Performing Arts operates throughout the year, hosting the West Michigan Symphony Orchestra and the Muskegon Civic Theater. Muskegon’s downtown is home to dozens of monumental public art pieces, with new pieces acquired each year. In 2022, “One Drop,” a 27-foot sculpture of a single drop of water, by Georgia artist Marc Moulton, was added to the public art collection outside the City’s VanDyke Mortgage Convention Center along Shoreline Drive. Muskegon is home to three historic museum ships that attract thousands of visitors each year: USS Silversides, a rare surviving World War II submarine maintained in pristine condition is docked at the Muskegon Lake Channel; LST-393, a landing craft used in the D-day invasion and one of only two such vessels remaining in existence is docked downtown Muskegon at the West Michigan Dock and Market; and the Milwaukee Clipper, a Great Lakes passenger ship built before the Titanic that for many years served as a cross-lake ferry between Muskegon and Milwaukee is docked in the Lakeside Business District. Muskegon has a diverse local economy. The manufacturing sector is strong in the areas of aerospace, plastics, defense, metals and castings, office furniture, recreational items, and automotive parts. The City of Muskegon also benefits from being home to large government, healthcare, and educational employers. While many of these institutions are exempt from paying property taxes, local income tax withholdings remitted by these employers provide stability to City finances. The local economy has experienced some significant adjustments to the COVID-19 pandemic. However, headed into the pandemic, all local indicators pointed to a strong economy – with both corporate profits and income tax withholdings significantly higher than in previous years. The City fully recognizes the difficulties it faces as an older urban community. Thus, we have attempted to position ourselves as a leader in fiscal stability and sustainability, while making key investments in areas that grow the city’s financial resources over the long term. 7 38 Long-term financial planning and major initiatives The unassigned fund balance in the General Fund at year-end was 24.1% of total actual General Fund revenues for the preceding year. This amount was well above the policy guidelines set by the Commission for budgetary and planning purposes (i.e., 13% of total actual General Fund revenue for the preceding year). Adequate fund balances are maintained to allow the City to continue providing services to the community in case of unexpected emergencies or requirements and/or economic downturns. The City incorporates a five-year fiscal forecast into its yearly budget process. The forecast is a macro-level projection of major revenue sources, expenses, and fund balances while accounting for identifiable factors, recent trends, and management’s judgment as to future developments. Among the City's major initiatives and accomplishments in the fiscal year 2021-22 were the following: Downtown Muskegon’s Leonard Building, a five-story mixed-use building, began welcoming tenants in 2022; Samaritas opened a 50+ unit senior affordable apartment building; Terrace Street was reconstructed and turned into a traditional two-lane road from a large boulevard allowing for better connections between the core of downtown and businesses east of Terrace Street, including the Pine Street commercial corridor. Staff is nearing completion of an agreement to allow the City to acquire an old railroad line through the Nims and Lakeside neighborhoods. The acquisition will allow for the development of Windward Point in Lakeside and the conversion of much of the corridor into pedestrian and commuter bike trails. In 2019 the City started an ambitious infill housing program to provide new housing stock across the community. In 2022 the program constructed new homes in the Jackson Hill, Angell, McLaughlin, Nelson, and Campbell Field neighborhoods. Since the program’s inception, the City has completed or initiated the construction of more than 125 homes. A portion of homes are available for rent or purchase to individuals and families at 120% or less of the Area Median Income (AMI). Progress continues to move forward on the Adelaide Point (which now includes the former Hartshorn Marina Village Development) and Viridian Shores Developments. These two waterfront developments will feature more than $200 million in investments and create hundreds of new housing opportunities in the City. Parkland Properties announced in December 2022 it would be purchasing and redeveloping the former Shaw Walker property into a mix-use development. In 2022, the City approved site plans for the Lakeside Dunes development at the Muskegon Country Club. Phase one is underway and will see 34 single-family semi- custom club homes built and designed by David C. Bos Homes. 8 39 Relevant financial policies The City of Muskegon has adopted a comprehensive set of financial policies used to ensure adequate protection of the City’s assets from loss, theft, or misuse, and provide adequate accounting data to allow for the preparation of financial statements in conformity with generally accepted accounting principles. Budgetary control is maintained through an annual budget resolution passed by the City Commission. Budgetary control at the functional level is maintained by review of estimated expenditures prior to making purchases. Encumbrances are not recorded in the City’s funds. The City does, however, utilize an informal monitoring system to facilitate budgetary control over proposed purchases. Essentially, this system entails the use of on-line budgetary information that details year-to-date “actual versus budgeted” expenditure comparisons by budget category. This information is accessible to appropriate personnel to enable them to ascertain the budget status of an expenditure category prior to authorizing additional purchases. Awards and Acknowledgements The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Muskegon for its annual comprehensive financial report (ACFR) for the fiscal year ended June 30, 2020. This was the 34th consecutive year that the City has received this award. The City has submitted the June 30, 2021 ACFR for consideration but has not received award confirmation at this time. In order to be awarded a Certificate of Achievement, a government must publish an easily readable and efficiently organized ACFR that satisfies both generally accepted accounting principles and applicable program requirements. A Certificate of Achievement for Excellence in Financial Reporting is valid for a period of one year only. However, we believe our current ACFR continues to meet the Certificate of Achievement for Excellence in Financial Reporting Program’s requirements, and we are submitting it to the GFOA to determine its eligibility for another certificate. 9 40 The preparation of this report would not have been possible without the skill, effort, and dedication of the Finance Division and the entire city staff. We express appreciation to those staff members who assisted and contributed to the preparation of this report. Credit also must be given to the Mayor and Commissioners for their support in maintaining the highest standards of professionalism in the management of the City of Muskegon’s finances. Respectfully submitted, Jonathan C. Seyferth Kenneth D. Grant City Manager Finance Director 10 41 11 42 Organizational Structure 2021-22 Mayor and City Commission City Manager External Auditors City Attorney Planning Commission Finance and Public Works Public Safety Development Services Zoning Board of Appeals Administrative Services Historic District Commission Housing Code Board of Appeals Board of Review Finance Administration Income Tax Board of Review Treasury/Income Tax Community Civil Service Commission City Clerk Streets/Highways Development DDA/BRA Police Information Systems Utilities Neighborhood Services LDFA Fire Public Relations Parks and Recreation Planning/Zoning BID Board 12 Code Enforcement Elections Cemeteries Sanitation Economic Development Equal Opportunities Committee Risk Management Streetlights Strategic Planning Local Officers Compensation Employee Relations Special Events Committee Farmers Market Citizen's Police Review Board CDBG District Council Election Commission Environmental Code Construction Board of Appeals (SAFEbuilt) Human Resources (County) Consumers Energy Inspections (SAFEbuilt) Assessing (County) Republic Waste Services Muskegon Area First Housing Commission Prosecutions (Parmenter LC Walker Arena (Two T's LLC) County Wastewater O'Toole) Elected Officials Independent Bodies Municipal Executive Division Heads Frontline Staff Contractual 43 ANNUAL COMPREHENSIVE FINANCIAL REPORT CITY OF MUSKEGON, MICHIGAN LIST OF PRINCIPAL OFFICIALS June 30, 2022 ELECTED OFFICIALS Mayor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ken Johnson At Large Vice Mayor-Commissioner. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .Willie German Ward 2 Commissioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eric Hood Ward 1 Commissioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Michael Ramsey Ward 3 Commissioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Teresa Emory Ward 4 Commissioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rachel Gorman At Large Commissioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rebecca St. Clair At Large APPOINTED OFFICIALS City Manager. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jonathan Seyferth City Attorney. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . John C. Schrier Finance Director. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Kenneth D. Grant 13 44 [This page was intentionally left blank.] 14 45 FINANCIAL SECTION 15 46 [This page was intentionally left blank.] 16 47 INDEPENDENT AUDITOR’S REPORT City Commission City of Muskegon Muskegon, Michigan Opinions We have audited the accompanying financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the City of Muskegon, Michigan, as of and for the year ended June 30, 2022, and the related notes to the financial statements, which collectively comprise the City of Muskegon, Michigan’s basic financial statements as listed in the table of contents. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the City of Muskegon, Michigan, as of June 30, 2022, and the respective changes in financial position and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinions We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City of Muskegon, Michigan, and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Change in Accounting Principle As discussed in Note O to the financial statements, in the year ended June 30, 2022 the City adopted new accounting guidance, GASB Statement No. 87, Leases. Our opinions are not modified with respect to this matter. Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Grand Haven | Grand Rapids | Hart | Muskegon www.brickleydelong.com 17 48 BRICKLEY DELONG City Commission City of Muskegon Page 2 Responsibilities of Management for the Financial Statements–Continued In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the City of Muskegon, Michigan’s ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter. Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgement made by a reasonable user based on the financial statements. In performing an audit in accordance with generally accepted auditing standards and Government Auditing Standards, we: Exercise professional judgment and maintain professional skepticism throughout the audit. Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City of Muskegon, Michigan’s internal control. Accordingly, no such opinion is expressed. Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. Conclude whether, in our judgement, there are conditions or events, considered in the aggregate, that raise substantial doubt about the City of Muskegon, Michigan’s ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit. 18 49 BRICKLEY DELONG City Commission City of Muskegon Page 3 Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis, budgetary comparison information, and pension and other post-employment benefit information be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Supplementary Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise City of Muskegon, Michigan’s basic financial statements. The accompanying combining and individual nonmajor fund financial statements, budgetary comparison information for nonmajor funds, schedule of indebtedness, and the schedule of expenditures of federal awards, as required by Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, are presented for purposes of additional analysis and are not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the combining and individual nonmajor fund financial statements, budgetary comparison information for nonmajor funds, schedule of indebtedness, and the schedule of expenditures of federal awards are fairly stated in all material respects in relation to the basic financial statements as a whole. Other Information Management is responsible for the other information included in the annual report. The other information comprises the introductory and statistical sections but does not include the basic financial statements and our auditor’s report thereon. Our opinions on the basic financial statements do not cover the other information, and we do not express an opinion or any form of assurance thereon. In connection with our audit of the basic financial statements, our responsibility is to read the other information and consider whether a material inconsistency exists between the other information and the basic financial statements, or the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report. Muskegon, Michigan December 21, 2022 19 50 [This page was intentionally left blank.] 20 51 2022 MANAGEMENT’S DISCUSSION AND ANALYSIS This section of the City of Muskegon’s annual financial report presents our discussion and analysis of the City’s financial performance during the fiscal year ended June 30, 2022. Please read it in conjunction with the City’s financial statements, which follow this section. FINANCIAL HIGHLIGHTS The assets/deferred outflows of resources of the City of Muskegon exceeded its liabilities/deferred inflows of resources by $114,024,323 as of June 30, 2022. The City has a deficit in unrestricted net position of $22,513,368. The deficit in unrestricted net position is caused by the City’s pension and other postemployment benefits plans liabilities. The City’s total combined net position increased by $11,679,948 during the year ended June 30, 2022. The City’s governmental funds reported combined ending fund balance of $19,965,055, an increase of $3,672,527(23%) from the prior year. The City’s General Fund reported a total fund balance of $10,861,373, a decrease of $336,467 from the prior year balance of $11,197,840. OVERVIEW OF THE FINANCIAL STATEMENTS This annual report consists of three parts ‐ management’s discussion and analysis (this section), the basic financial statements, and required supplementary information. The basic financial statements include two kinds of statements that present different views of the City. The first two statements are government‐wide financial statements that provide both long‐term and short‐term information about the City’s overall financial status. The remaining statements are fund financial statements that focus on individual parts of the government, reporting individual City operations in greater detail than the government‐ wide statements. The governmental funds statements tell how general government services were financed in the short‐term as well as what remains available for future spending. Proprietary fund statements offer short‐ and long‐term financial information about activities the City operates like private businesses. Fiduciary fund statements provide information about the financial relationships in which the City acts solely as a trustee or agent for the benefit of others, to whom the resources in question belong. 21 52 The financial statements also include detailed notes that explain some of the information in the financial statements and provide additional data. The statements are followed by a section of required supplementary information that further explains and supports the information in the financial statements. The figure above shows how the required parts of this annual report are arranged and related to one another. The remainder of this overview section of management’s discussion and analysis explains the structure and contents of each of the statements. Government‐Wide Statements The government‐wide statements report information about the City as a whole using accounting methods similar to those used by private‐sector companies. The statement of net position includes all of the government’s assets/deferred outflows of resources and liabilities/deferred inflows of resources. All of the current year’s revenues and expenses are accounted for in the statement of activities regardless of when cash is received or paid. The two government‐wide statements report the City’s net position and how they have changed. Net position—the difference between the City’s assets/deferred outflows of resources and liabilities/deferred inflow of resources—is one way to measure the City’s overall financial health or position. Over time, increases or decreases in the City’s net position are an indicator of whether its financial health is improving or deteriorating, respectively. However, to assess the overall health of the City, one needs to consider additional nonfinancial factors such as changes in the City’s tax base. The government‐wide financial statements include not only the City of Muskegon itself (known as the primary government), but also legally separate component units for which the City is financially accountable. Financial information for these component units is reported separately from the financial information presented for the primary government itself. The government‐wide financial statements of the City include the governmental activities. Most of the City’s basic services are included here, such as public representation services, administrative services, financial services, public safety, public works, highways, streets and bridges, community and economic development, culture and recreation, general administration, and interest on long‐term debt. Income taxes, federal grants, property taxes and revenues from the State of Michigan finance most of these activities. Also included in the government‐wide statements are the City’s business‐type activities: water, sewer and marina operations. 22 53 Fund Financial Statements The fund financial statements provide more detailed information about the City’s major funds—not the City as a whole. Funds are accounting devices that the City uses to keep track of specific sources of funding and spending for particular purposes. The City has the following kinds of funds: Governmental funds—Most of the City’s basic services are included in governmental funds, which focus on (1) how cash and other financial assets that can readily be converted to cash flow in and out and (2) the balances left at year‐end that are available for spending. Consequently, the governmental fund statements provide a detailed short‐term view that helps the user determine whether there are more or fewer financial resources that can be spent in the near future to finance the City’s programs. Because this information does not encompass the additional long‐term focus of the government‐wide statements, we provide additional information on the subsequent page of the governmental funds statements that explain the relationship (or differences) between them. Proprietary funds—Services for which the City charges customers a fee and are intended to be self‐ supporting are generally reported in proprietary funds. The City uses three proprietary funds: water, sewer, and marina and launch ramp. Proprietary funds, like the government‐wide statements, provide both long‐term and short‐term financial information. The City uses internal service funds to report activities that provide supplies and services for the City’s other programs and activities. Fiduciary funds—The City is the trustee, or fiduciary, for certain funds. It is also responsible for other assets that—because of a trust arrangement—can be used only for the trust beneficiaries. The City is responsible for ensuring that the assets reported in these funds are used for their intended purposes. All of the City’s fiduciary activities are reported in a separate statement of net position and a statement of changes in net position. We exclude these activities from the City’s government‐wide financial statements because the City cannot use these assets to finance its operations. Component units – Finally, the City of Muskegon’s Comprehensive Annual Financial report includes four component units: The Downtown Development Authority (DDA), the Tax Increment Finance Authority (TIFA), the Local Development Finance Authority (LDFA) and, the Brownfield Redevelopment Authority (BRA), which is comprised of six designated brownfield areas. Component units are separate legal entities for which the City of Muskegon has some level of financial accountability. The component units of the City exist primarily for the issuance and repayment of debt to finance projects in specific areas of the City. Accordingly, they are discussed below under the Capital Assets and Debt Administration heading. 23 54 FINANCIAL ANALYSIS OF THE CITY AS A WHOLE Net position. The Statement of Net Position provides an overview of the City’s assets/deferred outflows of resources, liabilities/deferred inflow of resources and net position. Over time this can provide a good indicator of the City’s fiscal health. The total net position of the City was $114,024,323 as of June 30, 2022. This is an increase of $11,679,948 from reported net position for the prior year. An overview of the City’s net position follows: City's Net Position (In Thousands of Dollars) Governmental Business-Type Activities Activities Total Percentage 6/30/2022 6/30/2021 6/30/2022 6/30/2021 6/30/2022 6/30/2021 Change Current and other assets $53,203 $40,446 $6,947 $8,568 $60,150 $49,014 22.72% Capital assets 105,605 102,697 69,088 63,314 174,693 166,011 5.23% Total Assets 158,808 143,143 76,035 71,882 234,843 215,025 9.22% Deferred outflow s of resources 2,692 2,006 187 139 2,879 2,145 34.22% Total Assets and Deferred Outflow s of Resources 161,500 145,149 76,222 72,021 237,722 217,170 9.46% Long-term liabilities 62,472 71,213 15,516 10,793 77,988 82,006 -4.90% Current liabilities 23,700 22,650 3,225 6,804 26,925 29,454 -8.59% Total Liabilities 86,172 93,863 18,741 17,597 104,913 111,460 -5.87% Deferred inflow s of resources 17,219 3,147 1,564 219 18,783 3,366 458.02% Total Liabilities and Deferred Outflow s of Resources 103,391 97,010 20,305 17,816 123,696 114,826 7.72% Net Position ` Net investment in capital assets 75,202 72,201 54,669 54,257 129,871 126,458 2.70% Restricted 5,845 5,003 822 822 6,667 5,825 14.45% Unrestricted -22,938 -29,065 425 -874 -22,513 -29,939 -24.80% Total Net Position $58,109 $48,139 $55,916 $54,205 $114,025 $102,344 11.41% The bulk of the City’s net position $129,870,436 represents investments in capital assets net of accumulated depreciation, less the remaining balance of debt issued to acquire those assets. These infrastructure assets are used to provide public services to citizens and are not available for spending. Another $6,667,255 of the City’s net position are legally restricted as to use. The City has a deficit in unrestricted net position of $22,513,368. The deficit in unrestricted net position is caused by the City’s long‐term pension and other postemployment benefits plans liabilities. The City’s unrestricted net position improved $7,425,502 during the year. 24 55 Changes in net position. The City’s total revenues were $80,880,919 for the year ended June 30, 2022. This represents a 4.12% increase over total revenues collected during the prior fiscal year. Approximately 37.9% of the City’s revenue stream came from charges to users of specific services such as water or sewer. Another 13.7% came from grants from the state and federal governments and 23.7% was from local property and income taxes. The remainder was comprised of state revenue sharing and other sources such as franchise fees and investment income. The total cost of all City programs and services for the year ended June 30, 2022 was $69,200,971. This represents a 6.7% increase from reported expenses for the last fiscal year ended June 30, 2021. 74.2% of the City’s expenses were for governmental activities such as police and fire protection, streets, parks, and general administration. The remaining 25.8% represents the costs of the City’s business‐type activities, specifically, water, sewer and marina operations. The table on the following page (Changes in City’s Net Position) further breaks down the change in total net position into period‐to‐period changes in individual revenue and expense categories. As can be seen, net position for governmental activities increased $9,969,730 and the net position for business‐type activities increased by $1,710,218. For governmental activities, most of these changes are related to the changes in the pension and other postemployment benefits plans. For business‐type activities, the changes similarly represent the impact of the changes in the pension and other postemployment benefits plans. 25 56 Changes in City’s Net Position (In thousands of dollars) Governmental Business-Type Activities Activities Total Percentage 6/30/2022 6/30/2021 6/30/2022 6/30/2021 6/30/2022 6/30/2021 Change Program revenues Charges for services $11,148 $7,951 $19,495 $18,229 $30,643 $26,180 17.05% Operating grants and contributions 11,024 9,839 - - 11,024 9,839 12.04% Capital grants and contributions 2,815 2,901 103 10,354 2,918 13,255 -77.99% General revenues Property taxes 9,182 8,813 - - 9,182 8,813 4.19% Income taxes 10,020 9,609 - - 10,020 9,609 4.28% State shared revenues 15,303 6,427 - - 15,303 6,427 138.10% All other 1,802 3,580 24 10 1,826 3,590 -49.14% Total revenues 61,294 49,120 19,622 28,593 80,916 77,713 4.12% Governmental activities expenses Public representation 1,715 1,604 - - 1,715 1,604 6.92% Administrative services 914 826 - - 914 826 10.65% Financial services 5,473 5,040 - - 5,473 5,040 8.59% Public safety 13,387 18,249 - - 13,387 18,249 -26.64% Public w orks 4,688 4,026 - - 4,688 4,026 16.44% Highw ays, streets and bridges 7,309 6,863 - - 7,309 6,863 6.50% Community and economic development 9,857 5,000 - - 9,857 5,000 97.14% Culture and recreation 6,589 4,507 - - 6,589 4,507 46.19% General administration 511 404 - - 511 404 26.49% Interest on long-term debt 881 1112 - - 881 1,112 -20.77% Business-type activities expenses Sew er - - 8,154 8,085 8,154 8,085 0.85% Water - - 9,261 8,612 9,261 8,612 7.54% Marina and launch ramp - - 461 515 461 515 -10.49% Total expenses 51,324 47,631 17,876 17,212 69,200 64,843 6.72% Change in net position before transfers 9,970 1,489 1,746 11,381 11,716 12,870 -8.97% Transfers - - (35) 35 (35) 35 - Change in net position 9,970 1,489 1,711 11,416 11,681 12,905 -9.48% Net position at beginning of year 48,138 46,650 54,205 42,789 102,343 89,439 14.43% Net position at end of year $58,108 $48,139 $55,916 $54,205 $114,024 $102,344 11.41% 26 57 Governmental Activities The following table (Net Cost of Selected City Functions) presents the cost of each of the City’s largest functions as well as each function’s net cost (total cost less fees generated by the activities and intergovernmental aid specifically related to the function). The net cost reflects the portion of costs funded by local tax dollars and other general resources: The operational cost of all governmental activities during the year ended June 30, 2022 was $51,324,518. The net cost that City taxpayers paid for these activities through local property taxes and income taxes was $19,202,554, or about 37% of the total. The remaining cost was paid by user charges to those directly benefitting from the programs or by state and federal grants and contributions or use of net position. Net Cost of Selected City Functions (in thousands of dollars) Total Cost of Services Net Cost of Services 6/30/2022 6/30/2021 % Change 6/30/2022 6/30/2021 % Change Governmental activities Public safety $13,387 $18,249 -26.64% $10,703 $14,257 -24.93% Public w orks 4,688 4,026 16.44% 3,831 3,131 22.36% Highw ays, streets and bridges 7,309 6,863 6.50% 672 864 -22.22% Community and economic development 9,857 5,000 97.14% 6,329 (78) -8214.10% Culture and recreation 6,589 4,507 46.19% -2,430 2,102 -215.60% All other 9,494 8,986 5.65% 7,233 6,664 8.54% Total governmental activities $51,324 $47,631 7.75% $26,338 $26,940 -2.23% Business‐Type Activities The financial goal of the City’s business‐type activities (i.e. water, sewer and marina and launch ramp operations) is to operate on a self‐supporting basis without making significant profit or needing general tax subsidies. For the fiscal year ended June 30, 2022, the City’s total business‐type activities realized an overall increase in net position of $1,710,218. Sewer Fund net position increased $2,086,272 primarily from the result of adjustments to utility rates. The Water Fund saw a net position decrease of $323,415. Marina and Launch Ramp Fund net position decreased $171,475. 27 58 FINANCIAL ANALYSIS OF THE CITY’S FUNDS The fund financial statements provide detailed information about the major City funds, not the City as a whole. The City’s major funds for the fiscal year ended June 30, 2022 were the General Fund, the Major Street and Trunkline Fund, and the State Grants Fund. General Fund Highlights The General Fund receives most public attention since it is where local tax revenues are accounted for and where the most visible municipal services such as police, fire and parks are funded. The City reforecasts its General Fund budget on a quarterly basis considering changing economic conditions and policy priorities. The following table shows the General Fund year‐end unassigned fund balance for the last five years. Unassigned Fund Year-End Year‐to‐Year % Prior Year’s Balance as a % of Year Ended Unassigned Change Revenues Prior Year Revenues Fund Balance (Policy Target=13%) 6/30/2022 $7,981,674 -12.50% $33,056,483 24.15% 6/30/2021 9,121,955 54.06% 29,653,448 30.76% 6/30/2020 5,920,869 -9.79% 28,747,772 20.60% 6/30/2019 6,563,511 1.46% 28,729,919 22.85% 6/30/2018 6,469,108 5.22% 27,051,766 23.91% For the year ended June 30, 2022, General Fund revenues were $326,085 higher than the final amended budget estimate due to higher than anticipated income taxes and revenue sharing. General Fund expenditures were $42,712 lower than projected in the final amended budget. Major Street and Trunkline and State Grant Fund Highlights The Major Street and Trunkline Fund accounts for all of the City’s street construction and maintenance activities on its primary road system. Primary funding comes from the State of Michigan. For the year ended June 30, 2022, the fund balance of the Major Street and Trunkline Fund increased $1,112,193. The State Grants Fund received $11,440,947 in funding from the American Rescue Plan Act (ARPA) which will be expended over the next few years. 28 59 CAPITAL ASSETS AND DEBT ADMINISTRATION Capital Assets As of June 30, 2022, the City had invested $174,692,339 in a variety of capital assets, including land, streets, equipment, buildings, water and sewer lines, and vehicles. This is an increase of $8,681,233 from capital assets reported as of June 30, 2021. The increase is due to current year additions offset by normal depreciation of assets. Note G of the notes to the basic financial statements provides detailed information on Bond Ratings the City’s capital asset investment. Long‐Term Debt The City’s limited full faith and credit bonds (bonds guaranteed by the City’s taxing At June 30, 2022, the City had $47,507,897 in bonds and other powers) were upgraded by Standard & long‐term obligations outstanding. This represents a 12.8% Poor’s from a rating of “A+” to “AA‐“ in increase from the prior year. The City issued new debt for a early 2016. The City’s rating remained at fire truck and water and sewer improvements. “AA‐“ in 2022. Additional information concerning the City’s long‐term debt is presented in Note J to the basic financial statements. City’s Long Term Debt – Bonds and Other Obligations (In thousands of dollars) Governmental Business-Type Activities Activities Total Percentage 6/30/2022 6/30/2021 6/30/2022 6/30/2021 6/30/2022 6/30/2021 Change Due within one year $1,720 $1,526 $1,359 $1,312 $3,079 $2,838 8.49% Due in more than one year 31,094 31,257 13,335 8,015 44,429 39,272 13.13% Total bonds & other obligations $32,814 $32,783 $14,694 $9,327 $47,508 $42,110 12.82% In addition to direct City debt, component units such as the Downtown Development Authority (DDA) and Local Development Finance Authority (LDFA) had outstanding debt totaling $1,096,547 at year‐end as shown in the table below. This represents a decrease of 18.9% from the prior year. Debt issued by component units typically is secured by the limited full faith and credit of the City and so is an important consideration in assessing the City’s overall fiscal health. Additional information concerning component units’ long‐term debt is presented in Note J to the basic financial statements and is summarized as follows: Component Unit Long Term Debt – Bonds and Other Obligations (In thousands of dollars) Local Development Total Percentage Finance Authority 6/30/2022 6/30/2021 6/30/2022 6/30/2021 Change Due within one year $255 $245 $255 $245 4.08% Due in more than one year 842 1,107 842 1,107 -23.94% Total bonds & other obligations $1,097 $1,352 $1,097 $1,652 -18.86% 29 60 ECONOMIC FACTORS AND NEXT YEAR’S BUDGETS AND RATES The City’s fiscal year 2022‐23 capital budget anticipates spending $20,841,772 for capital projects, consisting of street improvements, water and sewer system improvements, scheduled equipment replacements, the rehab of houses in a city neighborhood and the replacement of fire department rescue equipment. From an operating standpoint, the City’s 2022‐23 budget will be relatively stable while the City attempts to maintain a healthy fund balance and allow time to plan for and address economic challenges with a long‐term solution: The full‐time personnel complement will increase slightly to approximately 260.5. Some user fees will be increased and new fees recommended during the course of the year. The City will continue to look for opportunities to partner with other entities to deliver quality services in a cost‐effective manner (e.g. Farmers’ Market kitchen management, Marsh Field and recreation programs). City operations depend on five major sources of revenue: local income taxes, local property taxes, state‐ shared revenues, state street funds, and water and sewer utility fees. Together, these five income sources account for about three‐quarters of total revenues. Local Income Tax The City income tax was approved by voters in 1993 and is the primary source of funding for police, fire, parks and other general operations. The income tax rate is 1% on City residents and ½ of 1% on non‐ residents working in the City. The income tax provides key advantages for core cities such as Muskegon. First, it allows the City to regionalize its tax structure by taxing non‐residents who work here and use City services. Second, it allows the City to benefit from development occurring outside City limits because City residents employed by non‐City employers pay income taxes. Finally, the income tax generates revenue from workers at not‐for‐profit hospitals, churches, government agencies, colleges and other institutions that are traditionally exempt from paying local property taxes. This is particularly important for Muskegon since it is the regional center for many such institutions. Income tax revenues increased 8.1% from $9,256,826 for the year ended June 30, 2021 to $10,002,623 for the year ended June 30, 2022. For 2022‐23, the City has estimated income tax revenue to be $10,250,000. Year City Income Tax Revenues Percent Change 6/30/2022 $10,002,623 8.1% 6/30/2021 $9,256,826 1.3% 6/30/2020 $9,137,714 5.1% 6/30/2019 $8,691,673 -0.8% 6/30/2018 $8,758,674 1.7% 30 61 Local Property Tax City charter and state law authorize the City to levy a general operating millage up to 10 mills and a maximum sanitation millage of 3 mills. Millage rates are applied to the taxable value of property in the City to arrive at the City’s property tax levy. For 2022‐23, the City tax levy will be at 9.7880 mills for general operations and 2.9364 mills for sanitation service. We project that $8,150,000 in total property tax revenue will be collected during fiscal year 2022‐23. It should be noted that several property tax appeals are currently pending. The impact of these appeals on City finances is being monitored closely. State Shared Revenues State shared sales tax revenues represent about 13% of total General Fund revenue. The City’s state shared revenue allocation is made up of two parts. The constitutional component is a fixed percentage of total state sales tax collections that is allocated to cities on a per capita basis and that cannot be reduced by the legislature. The non‐constitutional component is determined by a complex formula and is subject to adjustment through the State’s annual budget process. Both components depend, of course, on overall state sales tax collections. The City’s recent state shared revenue history is summarized as follows: Year State Shared Revenues Percent Change 6/30/2022 $5,087,587 7.5% 6/30/2021 $4,733,888 14.9% 6/30/2020 $4,117,935 -3.6% 6/30/2019 $4,271,438 2.8% 6/30/2018 $4,153,072 2.8% For 2022‐23, the City projects $5,063,948 in state shared revenues. Street Funds The State also returns to the City a share of gasoline tax revenues to help fund maintenance and construction of major and local streets within the City. These revenues have been more stable than general state sales tax state‐shared revenues have been: Street Revenues from Percent Year State Change 6/30/2022 $6,271,210 5.2% 6/30/2021 $5,961,524 9.4% 6/30/2020 $5,450,220 6.2% 6/30/2019 $5,134,277 1.4% 6/30/2018 $5,060,936 25.9% 31 62 Based on recent legislative changes, the City began seeing increases in street funding that will carry into future years. At this time, the City is projecting street revenues for fiscal year 2022‐23 of $5,791,000. Water and Sewer Fees From a government‐wide entity perspective, combined water and sewer fees represent one of the City’s largest income streams, totaling $18,871,053 during the year ended June 30, 2022. Charges to customers are based on the amount of metered services used times rates periodically set by the City Commission. During the year ended June 30, 2022 water rates increased by 4%. Water rates will increase by 4% in the next fiscal year to pay for improvements being made at the Water Filtration Plant. The City began providing treated water to the City of Norton Shores and Fruitport Charter Township in May 2015. The addition of these two new large municipal customers allows the spreading of water treatment costs over a larger customer base while remaining well within the plant’s rated treatment capacity. Due to the impact of continued increases in wastewater treatment charges from the Muskegon County Wastewater Treatment System, the City Commission passed a resolution effective July 1, 2016, which ties the sewer rate the City will charge to its customers to a multiplier of the rate that the county bills the City for wastewater treatment. This rate change is expected to help maintain the financial viability of the City’s sewer system. The City of Muskegon along other jurisdictions in the area have an agreement in place with the Muskegon County Wastewater Treatment System starting in 2022 to pay waste water treatment fees based of the flow percentage contributed to the system and the annual revenue required from all jurisdictions to run treatment plant. In the past, our fees were based on actual flow. By changing to this method, we will be able to stabilized our monthly payments. CONTACTING THE CITY’S FINANCIAL MANAGEMENT This financial report is designed to provide our citizens, taxpayers, customers, and investors and creditors with a general overview of the City’s finances and to demonstrate the City’s accountability for the money it receives. If you have questions about this report, need additional financial information, or wish to obtain separate financial statements for the City’s component units, contact the City’s Finance Department at (231) 724‐6713 or by e‐mail (finance@shorelinecity.com). 32 63 FINANCIAL STATEMENTS 33 64 City of Muskegon STATEMENT OF NET POSITION June 30, 2022 Governmental Business-type Component Activities Activities Total Units ASSETS Current assets Cash and investments $ 34,483,950 $ 1,883,569 $ 36,367,519 $ 403,928 Assets managed by others 1,356,585 - 1,356,585 - Receivables Accounts and notes 4,081,055 3,142,057 7,223,112 32,616 Leases 384,081 83,003 467,084 - Due from other governmental units 2,201,173 132,610 2,333,783 - Internal balances 458,620 (458,620) - - Due from component units 64,211 - 64,211 - Inventories 38,867 327,524 366,391 - Prepaid items 560,480 149,850 710,330 - Total current assets 43,629,022 5,259,993 48,889,015 436,544 Noncurrent assets Restricted cash and investments - 829,000 829,000 - Advances to component units 1,046,980 - 1,046,980 - Leases receivable, less amounts due within one year 7,868,565 857,733 8,726,298 - Notes receivable, less amounts due within one year 658,160 - 658,160 - Capital assets, net Nondepreciable 22,269,876 14,966,408 37,236,284 400,000 Depreciable 83,334,823 54,121,232 137,456,055 589,881 Total noncurrent assets 115,178,404 70,774,373 185,952,777 989,881 Total assets 158,807,426 76,034,366 234,841,792 1,426,425 DEFERRED OUTFLOWS OF RESOURCES Related to pension 1,741,007 121,033 1,862,040 - Related to other postemployment benefits 951,112 66,120 1,017,232 - Total deferred outflows of resources 2,692,119 187,153 2,879,272 - Total assets and deferred outflows of resources 161,499,545 76,221,519 237,721,064 1,426,425 The accompanying notes are an integral part of this statement. 34 65 City of Muskegon STATEMENT OF NET POSITION—CONTINUED June 30, 2022 Governmental Business-type Component Activities Activities Total Units LIABILITIES Current liabilities Accounts payable and accrued liabilities $ 5,865,462 $ 848,762 $ 6,714,224 $ 119,386 Due to other governmental units 22,189 903,943 926,132 2,000 Due to primary government - - - 64,211 Short-term note 84,297 - 84,297 - Unearned revenues - unused Farmers Market tokens 26,331 - 26,331 - Unearned revenues - expenditure-driven grants 15,914,190 - 15,914,190 - Unearned revenues - prepaid events 67,658 - 67,658 - Unearned revenues - prepaid fees - 113,943 113,943 - Bonds and other obligations, due within one year 1,720,469 1,358,700 3,079,169 255,000 Total current liabilities 23,700,596 3,225,348 26,925,944 440,597 Noncurrent liabilities Advances from primary government - - - 1,046,980 Bonds and other obligations, less amounts due within one year 31,093,831 13,334,897 44,428,728 841,547 Net pension liability 29,044,232 2,019,117 31,063,349 - Net other postemployment benefits liability 2,333,505 162,222 2,495,727 - Total noncurrent liabilities 62,471,568 15,516,236 77,987,804 1,888,527 Total liabilities 86,172,164 18,741,584 104,913,748 2,329,124 DEFERRED INFLOWS OF RESOURCES Related to leases 8,252,646 940,736 9,193,382 - Related to pension 6,498,416 451,762 6,950,178 - Related to other postemployment benefits 2,467,870 171,563 2,639,433 - Total deferred inflows of resources 17,218,932 1,564,061 18,782,993 - Total liabilities and deferred inflows of resources 103,391,096 20,305,645 123,696,741 2,329,124 NET POSITION Net investment in capital assets 75,201,511 54,668,925 129,870,436 (106,666) Restricted Highways, streets and bridges 3,244,753 - 3,244,753 - Debt service - 822,000 822,000 - Trinity Health Arena 61,968 - 61,968 - Law enforcement 23,161 - 23,161 - Business improvement districts 176,733 - 176,733 - Perpetual care Expendable 477,332 - 477,332 - Non-expendable 1,687,702 - 1,687,702 - Other purposes 173,606 - 173,606 - Unrestricted (22,938,317) 424,949 (22,513,368) (796,033) Total net position $ 58,108,449 $ 55,915,874 $ 114,024,323 $ (902,699) The accompanying notes are an integral part of this statement. 35 66 City of Muskegon STATEMENT OF ACTIVITIES For the year ended June 30, 2022 Net (Expense) Revenue and Changes in Net Position Program Revenue Primary Government Charges for Operating Grants Capital Grants Governmental Business-type Component Functions/Programs Expenses Services and Contributions and Contributions Activities Activities Total Units Primary government Governmental activities Public representation services $ 1,715,050 $ 324,314 $ - $ - $ (1,390,736) $ - $ (1,390,736) $ - Administrative services 913,923 715,421 - 10,691 (187,811) - (187,811) - Financial services 5,473,498 1,085,220 50,000 - (4,338,278) - (4,338,278) - Public safety 13,387,378 2,680,675 3,447 - (10,703,256) - (10,703,256) - Public works 4,687,660 854,793 2,000 - (3,830,867) - (3,830,867) - Highways, streets and bridges 7,308,858 522,779 6,114,381 - (671,698) - (671,698) - Community and economic development 9,857,082 498,766 3,029,193 - (6,329,123) - (6,329,123) - Culture and recreation 6,588,542 4,389,524 1,825,037 2,804,428 2,430,447 - 2,430,447 - General administration 511,323 76,182 - - (435,141) - (435,141) - Interest on long-term debt 881,204 - - - (881,204) - (881,204) - Total governmental activities 51,324,518 11,147,674 11,024,058 2,815,119 (26,337,667) - (26,337,667) - Business-type activities Sewer 8,153,673 10,298,642 - - - 2,144,969 2,144,969 - Water 9,261,276 8,903,549 103,208 - - (254,519) (254,519) - Marina and launch ramp 461,504 292,416 - - - (169,088) (169,088) - Total business-type activities 17,876,453 19,494,607 103,208 - - 1,721,362 1,721,362 - 36 Total primary government $ 69,200,971 $ 30,642,281 $ 11,127,266 $ 2,815,119 (26,337,667) 1,721,362 (24,616,305) - Component units Local Development Finance Authority - SmartZone $ 197,647 $ - $ - $ 200,000 - - - 2,353 Downtown Development Authority 810,219 - 655,765 - - - - (154,454) Tax Increment Finance Authority 50,000 - - - - - - (50,000) Brownfield Redevelopment Authorities 666,005 - - - - - - (666,005) Total component units $ 1,723,871 $ - $ 655,765 $ 200,000 - - - (868,106) General revenues Property taxes 9,182,184 - 9,182,184 1,139,110 Income taxes 10,020,370 - 10,020,370 - Cable franchise agreement 369,420 - 369,420 - Grants and contributions not restricted to specific programs 15,303,423 - 15,303,423 36,895 Unrestricted investment earnings (644,067) 23,856 (620,211) 1,357 Miscellaneous 918,179 - 918,179 674 Gain on sale of capital asset 1,122,888 - 1,122,888 - Transfers 35,000 (35,000) - - Total general revenues and transfers 36,307,397 (11,144) 36,296,253 1,178,036 Change in net position 9,969,730 1,710,218 11,679,948 309,930 Net position at beginning of year 48,138,719 54,205,656 102,344,375 (1,212,629) Net position at end of year $ 58,108,449 $ 55,915,874 $ 114,024,323 $ (902,699) The accompanying notes are an integral part of this statement. 67 City of Muskegon BALANCE SHEET Governmental Funds June 30, 2022 Major Street Trinity Health Other Total General and Trunkline Arena State Grants Governmental Governmental Fund Fund Fund Fund Funds Funds ASSETS Cash and investments $ 8,027,306 $ 2,900,461 $ - $ 16,995,473 $ 3,001,131 $ 30,924,371 Assets managed by others - - - - 1,356,585 1,356,585 Receivables Accounts and loans (net of allowance for uncollectibles) 254,404 66,400 1,456,956 - 989,779 2,767,539 Property taxes 60,397 - - - - 60,397 Income taxes 1,578,087 - - - - 1,578,087 Leases 3,794,403 - 4,458,243 - - 8,252,646 Due from other governmental units 939,809 707,096 - 49,049 505,219 2,201,173 Due from other funds 2,396,560 - - - - 2,396,560 Due from component units 64,211 - - - - 64,211 Advances to component units 600,000 - - - 148,994 748,994 Prepaid items 271,961 25,067 26,451 - 7,905 331,384 Total assets $ 17,987,138 $ 3,699,024 $ 5,941,650 $ 17,044,522 $ 6,009,613 $ 50,681,947 LIABILITIES Accounts payable $ 2,165,692 $ 154,402 $ 263,449 $ 1,229,639 $ 303,168 $ 4,116,350 Accrued liabilities 588,110 19,681 17,599 - 41,424 666,814 Due to other governmental units 16,706 4,695 - - 788 22,189 Due to other funds - - 1,072,733 - 33,684 1,106,417 Short-term note - - - - 84,297 84,297 Unearned revenues - unused Farmers Market tokens - - - - 26,331 26,331 Unearned revenues - expenditure-driven grants 100,854 - - 15,813,336 - 15,914,190 Unearned revenues - prepaid events - - 67,658 - - 67,658 Total liabilities 2,871,362 178,778 1,421,439 17,042,975 489,692 22,004,246 DEFERRED INFLOWS OF RESOURCES Unavailable revenues - income taxes 460,000 - - - - 460,000 Related to leases 3,794,403 - 4,458,243 - - 8,252,646 Total deferred inflows of resources 4,254,403 - 4,458,243 - - 8,712,646 FUND BALANCES Nonspendable Prepaid items 271,961 25,067 26,451 - 7,905 331,384 Long-term advances 600,000 - - - - 600,000 Perpetual care 10,000 - - - 1,677,702 1,687,702 Restricted Highways, streets and bridges 8,701 3,495,179 - - 789,134 4,293,014 Trinity Health Arena - - 35,517 - - 35,517 Law enforcement - - - - 23,161 23,161 Business improvement districts - - - - 176,733 176,733 Perpetual care - - - - 477,332 477,332 Other purposes - - - - 173,606 173,606 Committed for social equity program 189,037 - - - - 189,037 Assigned for capital projects and public improvements 1,800,000 - - 1,547 2,194,348 3,995,895 Unassigned 7,981,674 - - - - 7,981,674 Total fund balances 10,861,373 3,520,246 61,968 1,547 5,519,921 19,965,055 Total liabilities, deferred inflows of resources and fund balances $ 17,987,138 $ 3,699,024 $ 5,941,650 $ 17,044,522 $ 6,009,613 $ 50,681,947 The accompanying notes are an integral part of this statement. 37 68 City of Muskegon RECONCILIATION OF THE GOVERNMENTAL FUNDS BALANCE SHEET TO THE STATEMENT OF NET POSITION June 30, 2022 Total fund balance—governmental funds $ 19,965,055 Amounts reported for governmental activities in the Statement of Net Position are different because: Capital assets used in governmental activities are not current financial resources and, therefore, are not reported in the governmental funds. Cost of capital assets $ 179,639,742 Accumulated depreciation (76,858,507) 102,781,235 Other long-term assets are not available to pay for current period expenditures and, therefore, are reported as unavailable revenues in the governmental funds. Income taxes 460,000 Long-term liabilities in governmental activities are not due and payable in the current period and, therefore, are not reported in the governmental funds. Accrued interest payable (242,800) Bonds and notes payable (30,403,188) Compensated absences (2,215,261) Net pension liability and related deferred outflows/inflows of resources (32,355,582) Net other post employment benefits liability and related outflows/inflows of resources (3,685,546) (68,902,377) Internal service funds are used by management to charge the costs of certain activities to individual funds. The assets and liabilities of the internal service funds are reported with governmental activities in the Statement of Net Position. Net position of the internal service funds 4,636,059 Internal balances representing the cumulative difference between actual costs and amounts charged to business-type activities (831,523) 3,804,536 Net position of governmental activities $ 58,108,449 The accompanying notes are an integral part of this statement. 38 69 City of Muskegon STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES Governmental Funds For the year ended June 30, 2022 Major Street Trinity Health Other Total General and Trunkline Arena State Grants Governmental Governmental Fund Fund Fund Fund Funds Funds REVENUES Taxes $ 18,795,646 $ - $ - $ - $ - $ 18,795,646 Licenses and permits 2,306,048 - - - - 2,306,048 Intergovernmental revenues Federal 291,918 - 625,498 9,234,029 2,952,413 13,103,858 State 6,479,990 4,809,424 - 1,244,987 2,538,375 15,072,776 Local 50,000 - - - 261,057 311,057 Charges for services 4,566,029 - 2,683,567 - 495,403 7,744,999 Fines and forfeitures 581,369 - - - 1,264 582,633 Investment earnings and rental income (93,350) 11,627 79,782 - 36,959 35,018 Income from assets managed by others - - - - (134,215) (134,215) Other 1,167,117 323,508 14,904 - 1,104,169 2,609,698 Total revenues 34,144,767 5,144,559 3,403,751 10,479,016 7,255,425 60,427,518 EXPENDITURES Current Public representation services 1,758,928 - - - - 1,758,928 Administrative services 945,841 - - - - 945,841 Financial services 5,668,254 - - - - 5,668,254 Public safety 15,520,982 - - - 443 15,521,425 Public works 3,728,293 - - - 156,277 3,884,570 Highways, streets and bridges - 3,798,863 - - 1,998,785 5,797,648 Community and economic development 743,693 - - - - 743,693 Culture and recreation 2,839,480 - 2,274,570 - 484,929 5,598,979 Other governmental functions 485,024 - - - - 485,024 Debt service Principal 907,462 230,000 - - 205,000 1,342,462 Interest and fees 390,771 3,503 - - 616,730 1,011,004 Bond issuance costs 1,000 - - - - 1,000 Capital outlay 4,662,678 - 1,987,141 4,721,218 4,835,674 16,206,711 Total expenditures 37,652,406 4,032,366 4,261,711 4,721,218 8,297,838 58,965,539 Excess of revenues over (under) expenditures (3,507,639) 1,112,193 (857,960) 5,757,798 (1,042,413) 1,461,979 OTHER FINANCING SOURCES (USES) Proceeds from sale of capital assets - - - 1,204,675 1,204,675 Long-term debt issued 1,370,873 - - - - 1,370,873 Transfers in 5,798,549 - 865,000 40,750 3,128,500 9,832,799 Transfers out (3,998,250) - - (5,798,549) (401,000) (10,197,799) Total other financing sources (uses) 3,171,172 - 865,000 (5,757,799) 3,932,175 2,210,548 Net change in fund balances (336,467) 1,112,193 7,040 (1) 2,889,762 3,672,527 Fund balances at beginning of year 11,197,840 2,408,053 54,928 1,548 2,630,159 16,292,528 Fund balances at end of year $ 10,861,373 $ 3,520,246 $ 61,968 $ 1,547 $ 5,519,921 $ 19,965,055 The accompanying notes are an integral part of this statement. 39 70 City of Muskegon RECONCILIATION OF THE GOVERNMENTAL FUNDS STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES TO THE STATEMENT OF ACTIVITIES For the year ended June 30, 2022 Net change in fund balances—total governmental funds $ 3,672,527 Amounts reported for governmental activities in the Statement of Activities are different because: Governmental funds report outlays for capital assets as expenditures. However, in the Statement of Activities, the cost of these assets is allocated over their estimated useful lives and reported as depreciation expense. Depreciation expense $ (4,992,455) Capital outlay 7,775,915 2,783,460 Revenues reported in the Statement of Activities that do not provide current financial resources are not reported as revenues in the governmental funds. Income taxes (190,000) The issuance of long-term debt provides current financial resources to governmental funds, but increases liabilities in the Statement of Net Position. Repayment of debt is an expenditure in the governmental funds, but reduces long-term liabilities in the Statement of Net Position. Issuance of long-term debt (1,370,873) Repayment of principal on long-term debt 1,342,462 (28,411) Changes in accrual of interest and amortization of premiums and discounts Change in accrued interest payable 8,900 Amortization of premiums and discounts 121,900 130,800 Some expenses reported in the Statement of Activities do not require the use of current financial resources and, therefore, are not reported as expenditures in the governmental funds. Change in compensated absences (89,499) Change in net pension liability and related deferred outflows/inflows of resources (1,779,430) Change in net other post employment benefits liability and related deferred outflows/inflows of resources 5,078,209 3,209,280 The internal service funds are used by management to charge the costs of certain activities used to individual funds. The net revenue of certain activities of the internal service fund is reported with governmental activities. Change in net position of the internal service funds 510,910 Change in internal balances representing the current year difference between actual costs and amounts charged to business-type activities (118,836) 392,074 Change in net position of governmental activities $ 9,969,730 The accompanying notes are an integral part of this statement. 40 71 City of Muskegon STATEMENT OF NET POSITION Proprietary Funds June 30, 2022 Governmental Activities - Business-type Activities - Enterprise Funds Internal Marina and Service Sewer Water Launch Ramp Total Funds ASSETS Current assets Cash and investments $ 1,883,569 $ - $ - $ 1,883,569 $ 3,559,579 Receivables Accounts 1,636,556 1,490,380 15,121 3,142,057 333,192 Leases - 83,003 - 83,003 - Due from other governmental units 50,101 82,509 - 132,610 - Inventories 44,157 283,367 - 327,524 38,867 Prepaid items 62,653 83,677 3,520 149,850 229,096 Total current assets 3,677,036 2,022,936 18,641 5,718,613 4,160,734 Noncurrent assets Restricted cash and investments 101,000 728,000 - 829,000 - Leases receivable, less amounts due within one year - 857,733 - 857,733 - Advances to component units - - - - 297,986 Capital assets Land 16,188 103,500 22,562 142,250 65,000 Land improvements - 62,948 1,923,404 1,986,352 301,715 Buildings, improvements and systems 34,456,135 75,761,108 2,535,088 112,752,331 1,668,215 Machinery and equipment 157,622 3,101,790 60,620 3,320,032 10,313,517 Construction in progress 5,478,995 9,345,163 - 14,824,158 - Less accumulated depreciation (12,681,088) (47,696,197) (3,560,198) (63,937,483) (9,524,983) Net capital assets 27,427,852 40,678,312 981,476 69,087,640 2,823,464 Total noncurrent assets 27,528,852 42,264,045 981,476 70,774,373 3,121,450 Total assets 31,205,888 44,286,981 1,000,117 76,492,986 7,282,184 DEFERRED OUTFLOWS OF RESOURCES Related to pension 27,931 93,102 - 121,033 74,482 Related to other postemployment benefits 15,258 50,862 - 66,120 40,689 Total deferred outflows of resources 43,189 143,964 - 187,153 115,171 Total assets and deferred outflows of resources 31,249,077 44,430,945 1,000,117 76,680,139 7,397,355 The accompanying notes are an integral part of this statement. 41 72 City of Muskegon STATEMENT OF NET POSITION—CONTINUED Proprietary Funds June 30, 2022 Governmental Activities - Business-type Activities - Enterprise Funds Internal Marina and Service Sewer Water Launch Ramp Total Funds LIABILITIES Current liabilities Accounts payable $ 73,830 $ 562,003 $ 23,581 $ 659,414 $ 779,382 Accrued liabilities 54,043 134,267 1,038 189,348 60,116 Due to other governmental units 898,388 5,555 - 903,943 - Due to other funds - 1,014,690 275,453 1,290,143 - Unearned revenues - prepaid fees - - 113,943 113,943 - Bonds and other obligations, due within one year 294,700 1,064,000 - 1,358,700 39,200 Total current liabilities 1,320,961 2,780,515 414,015 4,515,491 878,698 Noncurrent liabilities Bonds and other obligations, less amounts due within one year 6,084,589 7,250,308 - 13,334,897 156,651 Net pension liability 465,950 1,553,167 - 2,019,117 1,242,534 Net other postemployment benefits liability 37,436 124,786 - 162,222 99,829 Total noncurrent liabilities 6,587,975 8,928,261 - 15,516,236 1,499,014 Total liabilities 7,908,936 11,708,776 414,015 20,031,727 2,377,712 DEFERRED INFLOWS OF RESOURCES Related to leases - 940,736 - 940,736 - Related to pension 104,253 347,509 - 451,762 278,007 Related to other postemployment benefits 39,591 131,972 - 171,563 105,577 Total deferred inflows of resources 143,844 1,420,217 - 1,564,061 383,584 Total liabilities and deferred inflows of resources 8,052,780 13,128,993 414,015 21,595,788 2,761,296 NET POSITION Net investment in capital assets 21,147,238 32,540,211 981,476 54,668,925 2,823,464 Restricted for debt service 101,000 721,000 - 822,000 - Unrestricted 1,948,059 (1,959,259) (395,374) (406,574) 1,812,595 Total net position $ 23,196,297 $ 31,301,952 $ 586,102 55,084,351 $ 4,636,059 Adjustment to report the cumulative internal balance for the net effect of the activity between the internal service funds and the enterprise funds over time 831,523 Net position of business-type activities $ 55,915,874 The accompanying notes are an integral part of this statement. 42 73 City of Muskegon STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET POSITION Proprietary Funds For the year ended June 30, 2022 Governmental Activities - Business-type Activities - Enterprise Funds Internal Marina and Service Sewer Water Launch Ramp Total Funds OPERATING REVENUES Charges for services $ 10,104,566 $ 8,483,668 $ 282,819 $ 18,871,053 $ 10,433,668 Other 194,076 523,089 9,597 726,762 158,582 Total operating revenues 10,298,642 9,006,757 292,416 19,597,815 10,592,250 OPERATING EXPENSES Administration 664,312 1,439,537 11,169 2,115,018 958,063 Insurance premiums and claims - - - - 5,386,649 Wastewater treatment 4,847,582 - - 4,847,582 - Wastewater maintenance 1,990,288 - - 1,990,288 - Filtration plant operations - 2,621,015 - 2,621,015 - Water distribution - 3,195,179 - 3,195,179 - Other operations - - 345,305 345,305 3,701,160 Depreciation 630,870 1,916,908 107,417 2,655,195 499,466 Total operating expenses 8,133,052 9,172,639 463,891 17,769,582 10,545,338 Operating income (loss) 2,165,590 (165,882) (171,475) 1,828,233 46,912 NONOPERATING REVENUES (EXPENSES) Investment earnings 4,421 19,435 - 23,856 25,649 Gain on sale of capital assets - - - - 38,349 Interest expense (83,739) (141,968) - (225,707) - Total nonoperating revenue (expenses) (79,318) (122,533) - (201,851) 63,998 Income (loss) before transfers 2,086,272 (288,415) (171,475) 1,626,382 110,910 TRANSFERS Transfers in - - - - 400,000 Transfers out - (35,000) - (35,000) - Total transfers - (35,000) - (35,000) 400,000 Change in net position 2,086,272 (323,415) (171,475) 1,591,382 510,910 Net position at beginning of year 21,110,025 31,625,367 757,577 4,125,149 Net position at end of year $ 23,196,297 $ 31,301,952 $ 586,102 $ 4,636,059 Adjustment for the net effect of the current year activity between the internal service funds and the enterprise funds 118,836 Change in net position of business-type activities $ 1,710,218 The accompanying notes are an integral part of this statement. 43 74 City of Muskegon STATEMENT OF CASH FLOWS Proprietary Funds For the year ended June 30, 2022 Governmental Activities - Business-type Activities - Enterprise Funds Internal Marina and Service Sewer Water Launch Ramp Total Funds CASH FLOWS FROM OPERATING ACTIVITIES Receipts from customers $ 11,047,199 $ 8,975,052 $ 316,684 $ 20,338,935 $ 169,736 Receipts from interfund services provided 132,980 257,743 - 390,723 10,433,668 Other receipts - - - - 1,266,428 Payments to suppliers (6,213,667) (3,421,627) (329,730) (9,965,024) (6,865,909) Payments to employees (994,237) (2,655,749) (51,457) (3,701,443) (1,954,355) Payments for interfund services used (846,355) (1,353,616) (24,735) (2,224,706) (848,990) Net cash provided by (used for) operating activities 3,125,920 1,801,803 (89,238) 4,838,485 2,200,578 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfers in - - - - 400,000 Transfers out - (35,000) - (35,000) - Interfund borrowing (29,970) 1,014,690 267,063 1,251,783 (384,381) Advances to component units - - - - 93,094 Net cash provided by (used for) noncapital financing activities (29,970) 979,690 267,063 1,216,783 108,713 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Proceeds from long-term debt 3,913,081 2,671,931 - 6,585,012 - Purchases of capital assets (4,773,444) (6,610,907) (177,825) (11,562,176) (659,722) Principal paid on capital debt (272,000) (994,750) - (1,266,750) - Interest paid on capital debt (84,439) (146,568) - (231,007) - Proceeds from sale of capital assets - - - - 74,558 Net cash provided by (used for) capital and related financing activities (1,216,802) (5,080,294) (177,825) (6,474,921) (585,164) CASH FLOW FROM INVESTING ACTIVITIES Investment earnings 4,421 19,435 - 23,856 25,649 Net increase (decrease) in cash and investments 1,883,569 (2,279,366) - (395,797) 1,749,776 Cash and investments at beginning of year 101,000 3,007,366 - 3,108,366 1,809,803 Cash and investments at end of year $ 1,984,569 $ 728,000 $ - $ 2,712,569 $ 3,559,579 Reconciliation of cash and investments to the Statement of Net Position Cash and investments $ 1,883,569 $ - $ - $ 1,883,569 $ 3,559,579 Restricted cash and investments 101,000 728,000 - 829,000 - $ 1,984,569 $ 728,000 $ - $ 2,712,569 $ 3,559,579 Reconciliation of operating income (loss) to net cash provided by (used for) operating activities Operating income (loss) $ 2,165,590 $ (165,882) $ (171,475) $ 1,828,233 $ 46,912 Adjustments to reconcile operating income (loss) to net cash provided by (used for) operating activities Depreciation expense 630,870 1,916,908 107,417 2,655,195 499,466 Change in assets and liabilities Receivables 881,537 226,038 23,319 1,130,894 1,277,582 Inventories (13,923) (78,314) - (92,237) (31,549) Prepaid items (2,710) (1,420) (1,063) (5,193) 386 Accounts payable (511,981) 40,412 (39,367) (510,936) 510,189 Unearned revenues - - 949 949 - Accrued liabilities (23,463) (135,939) (9,018) (168,420) (102,408) Net cash provided by (used for) operating activities $ 3,125,920 $ 1,801,803 $ (89,238) $ 4,838,485 $ 2,200,578 The accompanying notes are an integral part of this statement. 44 75 City of Muskegon STATEMENT OF NET POSITION Fiduciary Funds June 30, 2022 Other Post- Employment Benefits Custodial Trust Fund Funds ASSETS Cash and investments $ 22,146,026 $ 816,055 Accounts receivable - 13,835 Total assets 22,146,026 829,890 LIABILITIES Accounts payable - 19,517 Due to other governmental units - 622,373 Deposits held for others - 188,000 Total liabilities - 829,890 NET POSITION Restricted for individuals, organizations, and other governments $ 22,146,026 $ - The accompanying notes are an integral part of this statement. 45 76 City of Muskegon STATEMENT OF CHANGES IN NET POSITION Fiduciary Funds For the year ended June 30, 2022 Other Post- Employment Benefits Custodial Trust Fund Funds ADDITIONS Tax collections for other governments $ - $ 24,329,719 Other collections for third parties - 1,521,847 Employer contributions 2,091,172 - Net investment income (loss) (2,001,928) - Total additions 89,244 25,851,566 DEDUCTIONS Payment of taxes to other governments - 24,329,719 Other payments to third parties - 1,521,847 Benefit payments 3,041,543 - Administrative expenses 47,910 - Total deductions 3,089,453 25,851,566 Change in net position (3,000,209) - Net position at beginning of year 25,146,235 - Net position at end of year $ 22,146,026 $ - The accompanying notes are an integral part of this statement. 46 77 City of Muskegon STATEMENT OF NET POSITION Discretely Presented Component Units June 30, 2022 Local Development Tax Finance Downtown Increment Brownfield Authority - Development Finance Redevelopment SmartZone Authority Authority Authorities Total ASSETS Current assets Cash and investments $ 46,925 $ 336,989 $ 20,014 $ - $ 403,928 Accounts receivable - 32,616 - - 32,616 Total current assets 46,925 369,605 20,014 - 436,544 Noncurrent assets Capital assets, net Nondepreciable 400,000 - - - 400,000 Depreciable 589,881 - - - 589,881 Total noncurrent assets 989,881 - - - 989,881 Total assets 1,036,806 369,605 20,014 - 1,426,425 LIABILITIES Current liabilities Accounts payable - 109,697 - - 109,697 Accrued liabilities 5,400 4,289 - - 9,689 Due to other governmental units - 2,000 - - 2,000 Due to primary government - - - 64,211 64,211 Bonds and other obligations, due within one year 255,000 - - - 255,000 Total current liabilities 260,400 115,986 - 64,211 440,597 Noncurrent liabilities Advances from primary government - - - 1,046,980 1,046,980 Bonds and other obligations, less amounts due within one year 841,547 - - - 841,547 Total noncurrent liabilities 841,547 - - 1,046,980 1,888,527 Total liabilities 1,101,947 115,986 - 1,111,191 2,329,124 NET POSITION Net investment in capital assets (106,666) - - - (106,666) Unrestricted 41,525 253,619 20,014 (1,111,191) (796,033) Total net position $ (65,141) $ 253,619 $ 20,014 $ (1,111,191) $ (902,699) The accompanying notes are an integral part of this statement. 47 78 City of Muskegon STATEMENT OF ACTIVITIES Discretely Presented Component Units For the year ended June 30, 2022 Net (Expense) Revenue and Changes in Net Position Local Program Revenue Development Tax Operating Capital Finance Downtown Increment Brownfield Grants and Grants and Authority - Development Finance Redevelopment Functions/Programs Expenses Contributions Contributions SmartZone Authority Authority Authorities Total Local Development Finance Authority - SmartZone Community and economic development $ 172,648 $ - $ - $ (172,648) $ - $ - $ - $ (172,648) Interest on long-term debt 24,999 - 200,000 175,001 - - - 175,001 Total Local Development Finance Authority - SmartZone 197,647 - 200,000 2,353 - - - 2,353 Downtown Development Authority Economic development 810,219 655,765 - - (154,454) - - (154,454) Tax Increment Finance Authority Community and economic development 50,000 - - - - (50,000) - (50,000) 48 Brownfield Redevelopment Authorities Community and economic development 648,065 - - - - - (648,065) (648,065) Interest on long-term debt 17,940 - - - - - (17,940) (17,940) Total Brownfield Redevelopment Authorities 666,005 - - - - - (666,005) (666,005) Total discretely presented component units $ 1,723,871 $ 655,765 $ 200,000 2,353 (154,454) (50,000) (666,005) (868,106) General revenues Property taxes 85,861 321,446 42,475 689,328 1,139,110 Grants and contributions not restricted to specific programs 3,084 - 9,596 24,215 36,895 Unrestricted investment income 112 543 58 644 1,357 Miscellaneous - - - 674 674 Total general revenues 89,057 321,989 52,129 714,861 1,178,036 Change in net position 91,410 167,535 2,129 48,856 309,930 Net position at beginning of year (156,551) 86,084 17,885 (1,160,047) (1,212,629) Net position at end of year $ (65,141) $ 253,619 $ 20,014 $ (1,111,191) $ (902,699) The accompanying notes are an integral part of this statement. 79 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE A—SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The financial statements of the City of Muskegon (City) have been prepared in conformity with accounting principles generally accepted in the United States of America (GAAP) as applied to government units. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The more significant of the City's accounting policies are described below. Reporting Entity The City of Muskegon was incorporated October 6, 1919, under the provisions of the Home Rule Act of the State of Michigan. The City is a municipal corporation governed by an elected mayor and six-member City Commission and is administered by a city manager appointed by the City Commission. The accompanying financial statements present the City and its component units, entities for which the government is considered to be financially accountable. Blended component units, are, in substance, part of the primary government's operations, even though they are legally separate entities. Thus, blended component units are appropriately presented as funds of the primary government. Each discretely presented component unit is reported in a separate column in the government-wide financial statements (see note below for description) to emphasize that it is legally separate from the City. Discretely Presented Component Units Downtown Development Authority (DDA). The DDA’s sole purpose is the collection of property tax incremental revenues, the issuance and repayment of debt and the construction of public facilities to promote and facilitate economic growth in the downtown district. Members of the DDA are appointed by the City Commission and the Authority is fiscally dependent on the City since the City Commission approves the DDA budget and must approve any debt issuance. The DDA is presented as a governmental fund type. Tax Increment Finance Authority (TIFA). The TIFA’s sole purpose is the collection of property tax incremental revenues and promotion of economic development activities (including issuance of debt) in a sub-section of the downtown district. Members of the TIFA are appointed by the City Commission and the Authority is fiscally dependent on the City since the City Commission approves the TIFA budget and must approve any debt issuance. The TIFA is presented as a governmental fund type. Local Development Finance Authority (LDFA). The City has created three separate local development finance authority districts under the aegis of the LDFA to promote and facilitate economic growth in the Port City Industrial Park, the Medendorp Industrial Park, and the SmartZone Hi-Tech Park (SmartZone). Currently only the SmartZone is active. The LDFA’s sole purpose is the collection of property tax incremental revenues and the construction of public facilities within the districts. Members of the LDFA are appointed by the City Commission and the Authority is fiscally dependent on the City since the City Commission approves budgets and must approve any debt issuance. The LDFA districts are presented as governmental fund types. Brownfield Redevelopment Authority (BRA). There are six separate designated areas under the aegis of the BRA – the Betten-Henry Street site, the former downtown mall site, the Terrace Point site, the Pigeon Hill site, the Hartshorn Marina site, and the scattered housing site. The Authority’s sole purpose is the collection of property tax incremental revenues and promotion of environmental remediation (including issuance of debt) in designated brownfield areas. Members of the BRA are appointed by the City Commission and the Authority is fiscally dependent on the City since the City Commission approves the BRA budget and must approve any debt issuance. The BRA areas are presented as governmental fund types. 49 80 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE A—SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES—Continued Reporting Entity—Continued Discretely Presented Component Units—Continued Complete financial statements of the component units can be obtained from their administrative offices, 933 Terrace Street, Muskegon, Michigan 49443. Related Organizations The following organizations are related to the City’s financial reporting entity: Muskegon Hospital Finance Authority. The Muskegon Hospital Finance Authority was created by the City of Muskegon in accordance with the laws of the State of Michigan. Members of the Hospital Finance Authority are appointed by the City, but the City is not financially accountable for the Authority and therefore the Authority is excluded from the accompanying financial statements. The Hospital Finance Authority’s sole purpose is to issue tax-exempt debt for the benefit of Mercy Health Partners Hospital, which is located within the City. The Authority has no assets or financial activity and does not prepare financial statements. The Hospital Finance Authority has no taxing power. As of June 30, 2022, there was no outstanding debt issued by the Hospital Finance Authority. The City is not obligated in any manner for repayment of debt issued by the Hospital Finance Authority, as any debt is payable solely from contractual payments from the hospitals. Muskegon Housing Commission. The Muskegon Housing Commission was created by the City of Muskegon in accordance with the laws of the State of Michigan. Members of the Housing Commission are appointed by the City, but the City is not financially accountable for the Commission and therefore the Commission is excluded from the accompanying financial statements. The Housing Commission’s main purpose is to administer activities that provide adequate housing facilities for low-income families and the elimination of housing conditions that are detrimental to the public peace, health, safety, and welfare. The Commission’s policy is to prepare its financial statements on the basis prescribed by the Department of Housing and Urban Development. Accordingly, the summary information below (which is required by federal regulations), is not intended to present financial position and results of operations in conformity with generally accepted accounting principles. Summary financial information for the fiscal year ended September 30, 2021, the date of its latest audited financial statements is as follows: Total assets and deferred outflows of resources $ 3,562,172 Total liabilities and deferred inflows of resources (526,830) Total net position $ 3,035,342 Total operating income $ 2,222,489 Total operating expenses (2,408,929) Total nonoperating revenues 8 Capital contributions 4,557 Prior period adjustment 12,823 Change in net position $ (169,052) 50 81 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE A—SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES—Continued Basis of Presentation—Government-wide and Fund Financial Statements The government-wide financial statements (i.e., the Statement of Net Position and the Statement of Activities) report information on all of the nonfiduciary activities of the primary government and its component units. All fiduciary activities are reported only in the fund financial statements. Governmental activities, which normally are supported by taxes, intergovernmental revenues, and other nonexchange transactions, are reported separately from business-type activities, which rely to a significant extent on fees and charges to external customers for support. Likewise, the primary government is reported separately from certain legally separate component units for which the primary government is financially accountable. While separate government-wide and fund financial statements are presented, they are interrelated. The governmental activities column incorporates data from governmental funds and internal service funds, while business-type activities incorporate data from the City’s enterprise funds. Separate financial statements are provided for governmental funds, proprietary funds, and fiduciary funds, even though the latter are excluded from the government-wide financial statements. As discussed earlier, the City’s discretely presented component units are reported in a separate column in the government-wide financial statements. As a general rule, the effect of interfund activity has been eliminated from the government-wide financial statements. Exceptions to this general rule are payments-in-lieu of taxes where the amounts are reasonably equivalent in value to the interfund services provided and other charges between the City's water and sewer functions and various other functions of the government. Elimination of these charges would distort the direct costs and program revenues reported for the various functions concerned. The fund financial statements provide information about the City’s funds, including its fiduciary funds and blended component units. Separate statements for each fund category – governmental, proprietary, and fiduciary – are presented. The emphasis of fund financial statements is on major governmental and enterprise funds, each displayed in a separate column. All remaining governmental and enterprise funds are aggregated and reported as nonmajor funds. Major individual governmental and enterprise funds are reported as separate columns in the fund financial statements. The City reports the following major governmental funds: The General Fund is the government's primary operating fund. It accounts for all financial resources of the general government, except those required to be accounted for in another fund. The Major Street and Trunkline Fund accounts for gas and weight tax allocations to the City by the Michigan Department of Transportation for construction and maintenance of major streets within the City. The Trinity Health Arena Fund accounts for revenues received for the operation and maintenance of Trinity Health Arena. The State Grants Fund accounts for grant revenues received from the State of Michigan for the purpose of improvements and/or rehabilitation of City property, environmental remediation at lakeshore sites or new infrastructure in the City’s downtown. 51 82 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE A—SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES—Continued Basis of Presentation—Government-wide and Fund Financial Statements—Continued The City reports the following three major proprietary funds: The Sewer Fund accounts for user charges, operating expenses and debt service of the City’s sewer system and pays for access to the County’s sewage treatment plant. The Water Fund accounts for user charges, operating expenses and debt service of the City’s water system. The Marina and Launch Ramp Fund accounts for user fees collected and operating expenses for the Hartshorn Marina and boat launch ramp facilities. Additionally, the City reports the following fund types: Internal Service Funds account for internal engineering services for City projects; the purchase, operation, and depreciation of all City owned equipment; the payment of insurance claims and benefits; and the operation, maintenance, and depreciation of the City’s public service building to other funds of the government on a cost reimbursement basis. The Other Post-Employment Benefit Trust Funds are used to report resources that are administered through irrevocable trusts for the benefit of City employees and retirees. The Custodial Funds are used to report fiduciary activities that are not required to be reported in pension (and other employee benefit) trust funds, investment trust funds, or private-purpose trust funds. During the course of operations, the City has activity between funds for various purposes. Any residual balances outstanding at year-end are reported as due from/to other funds and advances to/from other funds. While these balances are reported in fund financial statements, certain eliminations are made in the preparation of the government-wide financial statements. Balances between funds included in governmental activities (i.e., the governmental and internal service funds) are eliminated so that only the net amount is included as internal balances in the governmental activities column. Similarly, balances between the funds included in business-type activities (i.e., enterprise funds) are eliminated so that only the net amount is included as internal balances in the business-type activities column. Further, certain activity occurs during the year involving transfers of resources between funds. In fund financial statements these amounts are reported at gross amounts as transfers in/out. While reported in fund financial statements, certain eliminations are made in the preparation of the government-wide financial statements. Transfers between the funds included in governmental activities are eliminated so that only the net amount is included as transfers in the governmental activities column. Similarly, balances between funds included in business-type activities are eliminated so that only the net amount is included as transfers in the business-type activities column. Measurement Focus and Basis of Accounting The accounting and financial reporting treatment is determined by the applicable measurement focus and basis of accounting. Measurement focus indicates the type of resources being measured such as current financial resources or economic resources. The basis of accounting indicates the timing of transactions or events for recognition in the financial statements. 52 83 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE A—SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES—Continued Measurement Focus and Basis of Accounting—Continued The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. The governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the City considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. General capital asset acquisitions are reported as expenditures in governmental funds. Issuance of long-term debt and acquisitions under capital leases are reported as other financing sources. Income taxes, property taxes, franchise taxes, licenses, and interest associated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. Entitlements are recorded as revenues when all eligibility requirements are met, including any time requirements, and the amount is received during the period or within the availability period for this revenue source (within 60 days of year-end). Expenditure-driven grants are recognized as revenue when the qualifying expenditures have been incurred and all other eligibility requirements have been met. Only the portion of special assessments receivable within 60 days of the end of the current fiscal period is considered to be susceptible to accrual as revenue of the current period. All other revenue items are considered to be measurable and available only when cash is received by the government. The proprietary and fiduciary funds are reported using the economic resources measurement focus and the accrual basis of accounting. Assets, Liabilities, Deferred Outflows/Inflows of Resources, and Net Position/Fund Balance Cash and Investments The City's cash and cash equivalents are considered to be cash on hand, demand deposits and short-term investments with original maturities of three months or less from the date of acquisition. Investments for the City are reported at fair value (generally based on quoted market prices). The City has adopted an investment policy in compliance with State of Michigan statutes. Those statutes authorize the City to invest in obligations of the United States, certificates of deposit, prime commercial paper, securities guaranteed by United States agencies or instrumentalities, United States government or federal agency obligation repurchase agreements, bankers’ acceptances, state-approved investment pools and certain mutual funds. The Other Post-Employment Benefit Trust Fund is held in trust by the Municipal Employees’ Retirement System (MERS) and is subject to the investment policies of MERS and State of Michigan statutes allowing diverse investments in stocks, corporate and government bonds, mortgages, real estate, and other investments. 53 84 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE A—SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES—Continued Assets, Liabilities, Deferred Outflows/Inflows of Resources, and Net Position/Fund Balance—Continued Cash and Investments—Continued The component unit’s cash and investments are maintained within the City’s investment pool. For the purpose of the statement of cash flows, the City considers all assets held in the cash and investment pool to be cash and cash equivalents because the investments are not identifiable to the specific funds and the assets can be withdrawn at any time, similar to a demand deposit account. Inventories and Prepaid Items All inventories are valued at cost using the first-in/first-out (FIFO) method. The cost of such inventories is recorded as expenses when consumed rather than when purchased in the business-type activities. Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in both government-wide and fund financial statements. The cost of prepaid items is recorded as expenditures/expenses when consumed rather than when purchased. Leases Receivable The City is a lessor for certain noncancelable leases. The City recognizes a lease receivable and a deferred inflow of resources in the government-wide and fund financial statements for each lease. At the commencement of a lease, the City initially measures the lease receivable at the present value of payments expected to be received during the lease term. Subsequently, the lease receivable is reduced by the principal portion of lease payments received. The deferred inflow of resources is initially measured as the initial amount of the lease receivable, adjusted for lease payment received at or before the lease commencement date. Subsequently, the deferred inflow of resources is recognized as revenue over the life of the lease term. Key estimates and judgements include how the City determines (1) the discount rate is uses to discount the expected lease receipts to present value, (2) lease term, and (3) lease receipts. The City uses its estimated incremental borrowing rate as the discount rate for leases. The lease term includes the noncancelable period of the lease. Lease receipts included in the measurement of the lease receivable is composed of fixed payments from the lessee. The City monitors changes in circumstances that would require a remeasurement of a lease, and will remeasure the lease receivable and deferred inflows of resources if certain changes occur that are expected to significantly affect the amount of the lease receivable. Capital Assets Capital assets, which include property, plant, equipment and infrastructure assets (e.g., roads, bridges, sidewalks, and similar items), are reported in the applicable governmental or business-type activities column in the government-wide financial statements. Capital assets are defined by the City as assets with an initial, individual cost of more than $10,000 and an estimated useful life in excess of two years. As the City constructs or acquires additional capital assets each period, including infrastructure assets, they are capitalized and reported at historical cost. The reported value excludes normal maintenance and repairs which are essentially amounts spent in relation to capital assets that do not increase the capacity or efficiency of the item or increase its estimated useful life. Donated capital assets are recorded at their estimated acquisition value at the date of donation. 54 85 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE A—SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES—Continued Assets, Liabilities, Deferred Outflows/Inflows of Resources, and Net Position/Fund Balance—Continued Capital Assets—Continued Land and construction in progress are not depreciated. The other property, plant, equipment, and infrastructure of the City are depreciated using the straight-line method over the following estimated useful lives: Capital Asset Classes Years Land improvements 5-25 Leasehold improvements 10-25 Buildings and improvements 25-50 Utility buildings, improvements and systems 40-100 Furniture, vehicles and equipment 5-20 Infrastructure 15-50 Shared improvements 20 Defined Benefit Plan The City offers a defined benefit pension plan to its employees through Municipal Employees Retirement System (MERS). The City records a net pension liability for the difference between the total pension liability calculated by the actuary and the Plan’s fiduciary net position. For purposes of measuring the net pension liability, deferred outflows of resources and deferred inflows of resources related to pensions, and pension expense, information about the fiduciary net position of the Plan and additions to/deductions from the Plan’s fiduciary net position have been determined on the same basis as they are reported by MERS. For this purpose, benefit payments (including refunds of employee contributions) are recognized when due and payable in accordance with the benefit terms. Investments are reported at fair value. Other Postemployment Benefit Costs The City offers a single-employer, defined benefit retiree healthcare benefits to retirees. The City records a net other postemployment benefit (OPEB) liability for the difference between the total OPEB liability calculated by the actuary and the OPEB Plan’s fiduciary net position. For purposes of measuring the net OPEB liability, deferred outflows of resources and deferred inflows of resources related to OPEB, and OPEB expense, information about the fiduciary net position of the OPEB Plan and additions to/deductions from the OPEB Plan’s fiduciary net position have been determined on the same basis as they are reported by the OPEB Plan. For this purpose, benefit payments (including refunds of employee contributions) are recognized when due and payable in accordance with the benefit terms. Investments are reported at fair value. Deferred Outflows/Inflows of Resources In addition to assets, the Statement of Net Position will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net assets that applies to a future period(s) and so will not be recognized as an outflow of resources (expense/expenditures) until then. In addition to liabilities, the Statement of Net Position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net assets that applies to a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time. 55 86 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE A—SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES—Continued Assets, Liabilities, Deferred Outflows/Inflows of Resources, and Net Position/Fund Balance—Continued Net Position Flow Assumption Sometimes the government will fund outlays for a particular purpose from both restricted (e.g., restricted bond or grant proceeds) and unrestricted resources. In order to calculate the amounts of net position to report as restricted and unrestricted in the government-wide and proprietary fund financial statements, a flow assumption must be made about the order in which the resources are considered to be applied. It is the City’s policy to consider restricted net position to have been depleted before unrestricted net position is applied. Fund Balance Flow Assumptions Sometimes the City will fund outlays for a particular purpose from both restricted and unrestricted resources (the total of committed, assigned, and unassigned fund balance). In order to calculate the amounts to report as restricted, committed, assigned, and unassigned fund balance in the governmental fund financial statements a flow assumption must be made about the order in which the resources are considered to be applied. It is the City’s policy to consider restricted fund balance to have been depleted before using any of the components of unrestricted fund balance. Further, when the components of unrestricted fund balance can be used for the same purpose, committed fund balance is depleted first, followed by assigned fund balance. Unassigned fund balance is applied last. Fund Balance Policies Fund balance of governmental funds is reported in various categories based on the nature of any limitations requiring the use of resources for specific purposes. The City itself can establish limitation on the use of resources through either a commitment (committed fund balance) or an assignment (assigned fund balance). The committed fund balance classification includes amounts that can be used only for the specific purposes determined by a formal action of the City’s highest level of decision-making authority. The City Commission is the highest level of decision-making authority for the City that can, by adoption of a resolution prior to the end of the fiscal year, commit fund balance. Once adopted, the limitation imposed by the resolution remains in place until a similar action is taken (the adoption of another resolution) to remove or revise the limitation. Amounts in the assigned fund balance classification are intended to be used by the City for specific purposes but do not meet the criteria to be classified as committed. The City Commission has by resolution authorized the city manager to assign fund balance. The City Commission may also assign fund balance as it does when appropriating fund balance to cover a gap between estimated revenue and appropriations in the subsequent year’s appropriated budget. Unlike commitments, assignments generally only exist temporarily. In other words, an additional action does not normally have to be taken for the removal of an assignment. Conversely, as discussed above, an additional action is essential to either remove or revise a commitment. The City has a minimum fund balance policy requiring unassigned fund balance of the General Fund be at least 13 percent of prior year actual revenues. Revenues and Expenditures/Expenses Program Revenues Amounts reported as program revenues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services or privileges provided by a given function or segment and 2) grants and contributions (including special assessments) that are restricted to meeting the operational or capital requirements of a particular function or segment. All taxes, including those dedicated for specific purposes, and other internally dedicated resources are reported as general revenues rather than as program revenues. 56 87 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE A—SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES—Continued Revenues and Expenditures/Expenses—Continued Property Taxes All trade and property tax receivables are shown net of allowance for uncollectibles. The City bills and collects its own property taxes and also collects taxes for the county, school and State of Michigan. Taxes are levied and liened on December 1 on the taxable valuation of property (as defined by state statutes) located in the Local Governmental Unit as of the preceding December 31. Uncollected real property taxes as of the following March 1 are turned over by the City to the County for collection. The County advances the City all of these delinquent real property taxes. The delinquent personal property taxes remain the responsibility of the City. The City recognizes all available revenue from the current tax levy. Available means collected within the current period or expected to be collected soon enough thereafter to be used to pay liabilities of the current period (60 days). The 2021 state taxable value for real/personal property of the City totaled approximately $628,694,000 of which approximately $32,406,000 was captured by the component units. The ad valorem taxes levied consisted of 9.918, 2.9754 and .0788 mills for the City’s general operating, sanitation and community promotion purposes. These amounts are recognized in the General Fund with captured amounts shown in the TIFA, LDFA SmartZone, DDA, and BRA component units. Compensated Absences City employees are granted vacation and sick leave in varying amounts based on length of service and employee group. Unused vacation and sick leave days are paid to employees upon termination under limits that vary by employee group. The liability for these compensated absences is accrued when incurred in the government-wide and proprietary fund financial statements. The current portion of this debt is estimated based on historical trends. A liability for these amounts is reported in the governmental funds only if they have matured, for example, as a result of employee resignations and retirements. Proprietary Funds Operating and Nonoperating Revenues and Expenses Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. The principal operating revenues are charges to customers for sales and services. The enterprise funds also recognize as operating revenue the portion of tap fees intended to recover the cost of connecting new customers to the system. Operating expenses for enterprise funds and internal service funds include the cost of sales and services, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. Comparative Data Comparative total data for the prior year have been presented in selected sections of the accompanying financial statements in order to provide an understanding of changes in the City’s financial position and operations. However, comparative (i.e. presentation of prior year’s totals by fund type) data has not been presented in each of the statements since its inclusion would make the statements unduly complex and difficult to read. In addition, certain items in the 2021 financial statements have been reclassified to conform to the 2022 presentation. 57 88 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE B—STEWARDSHIP, COMPLIANCE AND ACCOUNTABILITY Budgetary Information Annual budgets are adopted on a basis consistent with generally accepted accounting principles for the General Fund and special revenue funds. The appropriated budget is prepared by fund, function and department. The City Manager and department heads may make transfers of appropriations within a department. Transfers of appropriations between departments require the approval of the City Commission. The legal level of budgetary control is the department level for the General Fund and the total expenditure or “fund” level for all other funds. Appropriations in all budgeted funds lapse at the end of the fiscal year. Excess of Expenditures Over Appropriations During the year ended June 30, 2022, actual expenditures exceeded appropriations for: Final Budget Actual General Fund Culture and recreation Parks maintenance $ 2,379,089 $ 2,482,189 Capital outlay 4,552,706 4,662,678 Transfers out 3,130,000 3,998,250 Trinity Health Arena Fund Culture and recreation 2,160,000 2,274,570 These overexpenditures were funded with available fund balance. Fund Deficits As of June 30, 2022, the City’s Water Fund, Marina and Launch Ramp Fund, and Public Service Building Fund had unrestricted fund net position deficits of $1,959,259, $395,374, and $204,432, respectively. These deficits will be eliminated through future operations or an interfund transfer. 58 89 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE C—DEPOSITS AND INVESTMENTS As of June 30, 2022, the City had the following investments: Weighted Average Maturity Fair Value (Months) S&P Percent Investment Type Money market funds $ 229,997 1 AAA 0.5 % Negotiable certificates of deposit 1,440,497 25 not rated 3.0 US agency obligations 8,606,409 318 AA+ 18.0 Commercial paper 597,900 2 AA 1.2 External investment pool 14,913,867 2 AAA 31.1 MERS investment funds 22,146,026 N/A not rated 46.2 Total fair value $ 47,934,696 100.0 % Portfolio weighted average maturity 109 The City voluntarily invests certain excess funds in an external investment pool (Pool). The Pool is an external investment pool of "qualified" investments for Michigan municipalities. The Pool is not regulated nor registered with the SEC. The fair value of the City's investments is the same as the value of the Pool’s shares. Deposit and Investment Risks Interest rate risk The City has a formal investment policy that limits investment maturities as a means of managing its exposure to fair value losses arising from increasing interest rates. At least 10 percent of the City’s total portfolio must be in instruments maturing in 30 days. Credit risk State law limits investments in commercial paper and corporate bonds to the two highest classifications issued by nationally recognized statistical rating organizations. The City has no investment policy that would further limit its investment choices. Concentration of credit risk Concentration of credit risk is the risk of loss attributed to the magnitude of the City investment in a single issuer, by diversifying the investment portfolio so that the impact of potential losses from any one type of security or issuer will be minimized. The City has a concentration of credit risk policy that limits investment in commercial paper, eligible bankers’ acceptances and time certificates of deposit to 25 percent each of the total portfolio. The City has more than 5 percent of its investments in the following securities: Percent of Security Total Investments Federal Home Loan Mortgage Corporation obligations 7.4% Government National Mortgage Association obligations 9.6% Custodial credit risk - deposits In the case of deposits, this is the risk that in the event of a bank failure, the City's deposits may not be returned to it. As of June 30, 2022, $12,371,824 of the City’s bank balance of $12,871,824 was exposed to custodial credit risk because it was uninsured and uncollateralized. The City’s investment policy sets certain credit requirements that a bank must meet for the City to deposit funds in it. 59 90 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE C—DEPOSITS AND INVESTMENTS—Continued Deposit and Investment Risks—Continued Custodial credit risk - investments This is the risk that, in the event of the failure of the counterparty, the City will not be able to recover the value of its investments or collateral securities that are in the possession of an outside party. The City has a custodial credit risk policy for investments that requires that all investments that are held with a third-party for safekeeping be in the City’s name. Foreign currency risk The City is not authorized to invest in investments which have this type of risk. Restricted Assets Restrictions are placed on assets by bond ordinance and City Commission action. At June 30, 2022, restricted cash and investments in the Sewer and Water Fund of $101,000 and $728,000, respectively, were restricted by bond ordinance. NOTE D—ASSETS MANAGED BY OTHERS As allowed by MCL 123.874 and MCL 128.4, the City is permitted to place monies in community foundations. The Funds The City has six funds with the Community Foundation of Muskegon County (Community Foundation). Lakeshore Trails Improvement Fund The Lakeshore Trails Improvement Fund was established by the City primarily to be used for the general support of the bike trails, which are located in the City of Muskegon. The agreement with the Community Foundation allows the use of the Fund’s income in accordance with the Community Foundation’s spending policy and principal in certain circumstances. Cemetery Perpetual Care Fund The City of Muskegon Cemetery Perpetual Care Fund was established by the City primarily to be used for the care and maintenance of the cemeteries that are operated by the City. The agreement with the Community Foundation allows the use of the Fund’s income in accordance with the Community Foundation’s spending policy and principal in certain circumstances. Pere Marquette and Margaret Drake Elliot Park Fund The Pere Marquette and Margaret Drake Elliot Park Fund (Marquette and Elliot Park Fund) was established by the City to be used for capital improvements at Pere Marquette and Margaret Drake Elliot Parks. The agreement with the Community Foundation allows the use of the Fund’s income in accordance with the Community Foundation’s spending policy and principal in certain circumstances. Darl and Kathleen Staley Charity Fund The Darl and Kathleen Staley Charity Fund (Staley Charity Fund) was established after the City received monies from the Staley’s estate. The Fund is to be used for capital improvements needs at City parks. The agreement with the Community Foundation allows the use of the Fund’s income in accordance with the Community Foundation’s spending policy and principal in certain circumstances. City of Muskegon Parks Fund The City of Muskegon Parks Fund (Muskegon Parks Fund) was established by the City to primarily be used for general maintenance and improvements to parks located in the City of Muskegon. The agreement with the Community Foundation allows the use of the Fund’s income in accordance with the Community Foundation’s spending policy and principal in certain circumstances. 60 91 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE D—ASSETS MANAGED BY OTHERS—Continued The Funds—Continued City of Muskegon Events and Sponsorships Fund The City of Muskegon Events and Sponsorships Fund (Events and Sponsorships Fund) was established after the Community Foundation received monies from donors intended to be used for various events within the City of Muskegon. The agreement with the Community Foundation allows the use of the Fund’s income in accordance with the Community Foundation’s spending policy and principal in certain circumstances. The Community Foundation invests the contributions to the funds in various types of marketable equity and debt securities, U.S. Treasuries, commercial paper, and certificates of deposit. The majority of investments are uninsured and uncollateralized. Reporting of the Assets of the Funds The investments held at the Community Foundation, which were contributed by the City to the funds along with the earnings on these investments, are reported at fair value as assets of the City. The contributions to these funds made by third party donors directly to the Community Foundation have been excluded from the assets of the City. Summary of the Community Foundation Funds A summary of revenues, expenses, and changes in the assets at fair value of the funds for the year ended June 30, 2022 follows: Lakeshore Trails Cemetery Marquette Staley Muskegon Events and Improvement Perpetual and Elliot Charity Parks Sponsorships Fund Care Fund Park Fund Fund Fund Fund Totals Revenues Contributions $ 2,155 $ - $ - $ - $ - $ 28,006 $ 30,161 Dividends and interest 1,733 37,167 2,407 11,099 619 11 53,036 Realized and unrealized gain (loss) on investments (13,227) (158,498) (17,993) (83,654) (4,675) - (278,047) (9,339) (121,331) (15,586) (72,555) (4,056) 28,017 (194,850) Expenses Grants and scholarships - - 4,316 - - 41,592 45,908 Administration fees 619 7,711 1,932 5,210 228 560 16,260 Revenues over expenses (9,958) (129,042) (21,834) (77,765) (4,284) (14,135) (257,018) Total assets at beginning of year 78,543 1,456,616 115,338 512,550 28,597 14,688 2,206,332 Total assets at end of year 68,585 1,327,574 93,504 434,785 24,313 553 1,949,314 Less assets recorded as those of the Foundation (48,489) - (93,504) (434,785) (15,398) (553) (592,729) Assets reported on the Balance Sheet/Statement of Net Position $ 20,096 $ 1,327,574 $ - $ - $ 8,915 $ - $ 1,356,585 The Board of Trustees of the Community Foundation has the power to modify any restriction or condition on the distribution of funds for any specified charitable purpose or to a specified organization if, in the sole judgment of the Board, such restriction or condition becomes, in effect, unnecessary, incapable of fulfillment, or inconsistent with the charitable needs of the community served. The authority to modify restrictions is sometimes referred to as “variance power” and is a legal standard imposed on all community foundations. 61 92 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE E—FAIR VALUE MEASUREMENTS The framework for measuring fair value provides a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. The hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical assets or liabilities (level 1) and the lowest priority to unobservable inputs (level 3). The three levels of the fair value hierarchy are described below: Level 1 Inputs to the valuation methodology are unadjusted quoted prices for identical assets or liabilities in active markets that the City has the ability to access. Level 2 Inputs to the valuation methodology include the following: - Quoted prices for similar assets or liabilities in active markets; - Quoted prices for identical or similar assets or liabilities in inactive markets; - Inputs other than quoted prices that are observable for the asset or liability; - Inputs that are derived principally from or corroborated by observable market data by correlation or other means. If the asset or liability has a specified (contractual) term, the level 2 input must be observable for substantially the full term of the asset or liability. Level 3 Inputs to the valuation methodology are unobservable and significant to the fair value measurement. The asset’s or liability’s fair value measurement level within the fair value hierarchy is based on the lowest level of any input that is significant to the fair value measurement. Valuation techniques used need to maximize the use of observable inputs and minimize the use of unobservable inputs. Following is a description of the valuation methodologies used for assets measured at fair value. There have been no changes in the methodologies used at June 30, 2022. Money market funds: Valued at amortized cost, which approximates fair value. Negotiable certificates of deposit, US agency obligations, and commercial paper: Valued at the closing price reported on the active market on which the individual securities are traded. 62 93 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE E—FAIR VALUE MEASUREMENTS—Continued External investment pools, MERS investment funds, and assets managed by others: The assets are valued based upon the City’s allocable share of the Michigan CLASS, MERS, and Community Foundation of Muskegon County (Pools) pooled investment portfolios. The allocable shares are based on the value of the underlying assets owned by the Pools, minus their liabilities. The assets managed by others are valued monthly by the Pools and are allocated based upon each organization’s calculated share of the Pools’ pooled investment portfolios. Each entity with an interest within the pooled investments receives statements from the Pools indicating the additions to the investments (via contributions), withdrawals from the investments (via grants), and the investment returns allocated via a unitization process. The City calculates the fair value of its share of the pooled investment assets held by the Pools based on the estimated fair value of the underlying assets. The Pools control the investments and make all management and investment decisions. The preceding methods described may produce a fair value calculation that may not be indicative of net realizable value or reflective of future fair values. Furthermore, while the City believes its valuation methods are appropriate and consistent with other market participants, the use of different methodologies or assumptions to determine the fair value of certain financial instruments could result in a different fair value measurement at the reporting date. The following table sets forth by level, within the fair value hierarchy, the City’s assets at fair value on a recurring basis as of June 30, 2022: Assets at Fair Value as of June 30, 2022 Level 1 Level 2 Level 3 Total Money market funds $ - $ 229,997 $ - $ 229,997 Negotiable certificates of deposit 1,440,497 - - 1,440,497 US agency obligations 8,606,409 - - 8,606,409 Commercial paper 597,900 - - 597,900 External investment pools - 14,913,867 - 14,913,867 MERS investment funds - 22,146,026 - 22,146,026 Assets managed by others - 1,356,585 - 1,356,585 Total assets at fair value $ 10,644,806 $ 38,646,475 $ - $ 49,291,281 63 94 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE F—LEASES RECEIVABLE The City has entered into the following lease agreements as a lessor: Cell Towers The City leases the right to use space on land and buildings owned by the City to various third parties as part of three separate lease agreements for the operation of cell phone antennas. These lease terms are generally for 5 years with automatic renewals and the City receives monthly payments totaling $94,615, increasing by 3 percent each year. Trinity Health Arena The City leases the right to use shared space at Trinity Health Arena to a third party as part of an agreement with a term of 5 years and with automatic renewals. The City receives monthly payments totaling $127,500, increasing by 4 percent each renewal period. The City also leases the right to use and manage restaurant space at Trinity Health Arena to various third parties as part of two separate lease agreements. These lease terms are generally for 5 years with automatic renewals and the City receives monthly payments totaling $49,034, increasing by 5-10 percent each year. Fire Station The City leases the right to use office space at the West Western Avenue Fire Station to a third party as part of an agreement with terms through December 2045. The City receives monthly payments totaling $465,667, which are tied to the reimbursement of payments on the City’s 2016 Limited Tax General Obligation Refunding and 2020A Capital Improvement Bonds at a rate of 20.24 percent and 100 percent of the bond payments attributable to improvements and additions of the fire station, respectively. For the year ended June 30, 2022, the City recognized $412,760 and $79,027 in lease revenue for governmental activities and business-type activities, respectively. For the year ended June 30, 2022, the City also recognized $223,157 and $15,588 in interest revenue for governmental activities and business-type activities, respectively. The City has deferred inflows of resources associated with these leases that will be recognized as revenue over the term of the leases. As of June 30, 2022, the balances of these deferred inflows of resources were $8,252,646 and $940,736 for governmental activities and business-type activities, respectively. The future minimum payments to be received for these leases are as follows: Year Ending Governmental Activities Business-type Activities June 30, Principal Interest Principal Interest 2023 $ 384,081 $ 258,752 $ 83,003 $ 14,451 2024 395,885 245,088 87,286 13,091 2025 408,699 230,893 72,822 11,725 2026 424,591 216,160 57,495 10,746 2027 447,353 200,622 60,484 9,804 2028-2032 2,099,022 752,842 154,762 39,837 2033-2037 845,416 536,767 175,718 27,377 2038-2042 1,086,360 396,733 223,961 11,481 2043-2047 1,023,496 235,271 25,205 118 2048-2052 824,394 116,289 - - 2053-2057 307,540 27,774 - - 2058 5,809 24 - - $ 8,252,646 $ 3,217,215 $ 940,736 $ 138,630 64 95 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE G—CAPITAL ASSETS Capital asset activity for the year ended June 30, 2022 was as follows: Balance Balance July 1, 2021 Additions Deductions June 30, 2022 Governmental activities: Capital assets, not being depreciated: Land $ 14,258,844 $ 45,538 $ - $ 14,304,382 Construction in progress 29,095,524 7,078,678 28,208,708 7,965,494 Total capital assets, not being depreciated 43,354,368 7,124,216 28,208,708 22,269,876 Capital assets, being depreciated: Land improvements 5,446,304 532,932 - 5,979,236 Leasehold improvements 534,821 - - 534,821 Buildings and improvements 32,106,677 23,863,141 - 55,969,818 Furniture, vehicles and equipment 16,791,683 2,631,539 96,375 19,326,847 Infrastructure 81,269,715 2,492,517 2,759,934 81,002,298 Shared improvements 6,905,293 - - 6,905,293 Total capital assets, being depreciated 143,054,493 29,520,129 2,856,309 169,718,313 Less accumulated depreciation: Land improvements 2,413,770 159,223 - 2,572,993 Leasehold improvements 497,384 5,674 - 503,058 Buildings and improvements 18,797,687 510,135 - 19,307,822 Furniture, vehicles and equipment 13,013,673 872,833 60,166 13,826,340 Infrastructure 43,496,575 3,598,791 2,759,934 44,335,432 Shared improvements 5,492,580 345,265 - 5,837,845 Total accumulated depreciation 83,711,669 5,491,921 2,820,100 86,383,490 Total capital assets, being depreciated, net 59,342,824 24,028,208 36,209 83,334,823 Capital assets, net $ 102,697,192 $ 31,152,424 $ 28,244,917 $ 105,604,699 Business-type activities: Capital assets, not being depreciated: Land $ 142,250 $ - $ - $ 142,250 Construction in progress 11,912,532 8,394,483 5,482,857 14,824,158 Total capital assets, not being depreciated 12,054,782 8,394,483 5,482,857 14,966,408 Capital assets, being depreciated: Land improvements 1,951,913 34,439 - 1,986,352 Buildings, improvements and systems 107,269,475 5,482,856 - 112,752,331 Machinery and equipment 3,320,032 - - 3,320,032 Total capital assets, being depreciated 112,541,420 5,517,295 - 118,058,715 Less accumulated depreciation: Land improvements 1,850,120 10,901 - 1,861,021 Buildings, improvements and systems 56,527,098 2,578,528 - 59,105,626 Machinery and equipment 2,905,070 65,766 - 2,970,836 Total accumulated depreciation 61,282,288 2,655,195 - 63,937,483 Total capital assets, being depreciated, net 51,259,132 2,862,100 - 54,121,232 Capital assets, net $ 63,313,914 $ 11,256,583 $ 5,482,857 $ 69,087,640 65 96 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE G—CAPITAL ASSETS—Continued Depreciation Depreciation expense was charged to functions as follows: Governmental activities: Public representation services $ 4,503 Adminstrative services 2,832 Public safety 261,386 Public works 18,017 Highways, streets and bridges 4,073,665 Community and economic development 66,269 Culture and recreation 539,484 General administration 26,299 Internal Service Fund depreciation 499,466 $ 5,491,921 Business-type activities: Sewer $ 630,870 Water 1,916,908 Marina and Launch Ramp 107,417 $ 2,655,195 Balance Balance July 1, 2021 Additions Deductions June 30, 2022 Component units: Capital assets, not being depreciated: Land $ 400,000 $ - $ - $ 400,000 Capital assets, being depreciated: Building and improvements 3,798,258 - - 3,798,258 Less accumulated depreciation: Building and improvements 3,035,729 172,648 - 3,208,377 Total capital assets, being depreciated, net 762,529 (172,648) - 589,881 Capital assets, net $ 1,162,529 $ (172,648) $ - $ 989,881 Depreciation expense was charged to economic development. 66 97 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE H—INTERFUND RECEIVABLES, PAYABLES AND TRANSFERS The composition of interfund balances as of June 30, 2022 is as follows: Due To/From Other Funds: Receivable Fund Payable Fund Amount General Fund Trinity Health Arena Fund $ 1,072,733 General Fund Lead Abatement Fund 32,418 General Fund Healthy Homes Fund 1,266 General Fund Water Fund 1,014,690 General Fund Marina and Launch Ramp Fund 275,453 $ 2,396,560 The outstanding balances between funds result from the payable funds having negative positions in the City’s cash and investment pool. In addition, the Brownfield Redevelopment Authorities owe the General Fund $64,211 for having a negative position in the City’s cash and investment pool. The Brownfield Redevelopment Authorities have also been advanced $1,046,980 from the City’s governmental activities as a long-term loan. Interfund Transfers: Transfers In Amount Transfers Out Amount Nonmajor Governmental Funds Local Streets Fund $ 100,000 General Fund $ 3,557,500 Trinity Health Arena Fund 865,000 Tree Replacement Fund 2,500 Farmers Market and Kitchen 242 Fund 40,000 Public Improvement Fund 50,000 Convention Center Fund 2,500,000 3,557,500 3,557,500 Internal Service Funds Public Service Building Fund 400,000 General Fund 400,000 General Fund 5,798,549 State Grants Fund 5,798,549 State Grants Fund 40,750 General Fund 40,750 Nonmajor Governmental Funds Nonmajor Governmental Funds Farmers Market and Senior Millage Fund 85,000 Kitchen 242 Fund 85,000 HOME Rehabilitation Fund 316,000 Public Improvement Fund 316,000 401,000 401,000 Nonmajor Governmental Funds Lakeshore BID Fund 35,000 Water Fund 35,000 $ 10,232,799 $ 10,232,799 67 98 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE H—INTERFUND RECEIVABLES, PAYABLES AND TRANSFERS—Continued The General Fund transferred funds to the Trinity Health Arena Fund, Public Service Building Fund, and other funds for operation subsidies. The General Fund transferred funds to the Local Streets Fund and Convention Center Fund for capital purposes. The State Grants Fund transferred funds to the General Fund for various American Rescue Plan Act projects. The Senior Millage Fund transferred funds to the Farmers Market and Kitchen 242 Fund to provide services to seniors. Other transfers between funds were made to meet grant matching requirements or other operational needs. NOTE I—SHORT-TERM DEBT Summary of Changes in Short-Term Liabilities The following is a summary of short-term liabilities activity for the City for the year ended June 30, 2022. Balance Balance July 1, 2021 Additions Deductions June 30, 2022 Governmental activities: Short-term note $ 1,108,007 $ 233,503 $ 1,257,213 $ 84,297 The purpose of all short-term borrowings are to provide resources for infill housing within the City of Muskegon. The form of financing used is a short-term non-revolving draw note with amounts advanced at the City’s discretion. Interest amounts are at a variable interest rate of 1.25 percent above the 30 day LIBOR, adjusted monthly. Borrowed amounts will be repaid as infill housing units are sold with final payment being due three years from the closing date. 68 99 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE J—LONG-TERM DEBT Summary of Changes in Long-Term Liabilities The following is a summary of long-term liabilities activity for the City for the year ended June 30, 2022. Balance Balance Due Within July 1, 2021 Additions Deductions June 30, 2022 One Year Governmental activities: Public placement debt General obligation debt $ 29,670,000 $ - $ 1,145,000 $ 28,525,000 $ 970,000 Discount (135,650) - (7,500) (128,150) - Premium 962,327 - 129,400 832,927 - Direct borrowings and direct placements Installment purchase agreements - 1,370,873 197,462 1,173,411 268,269 Compensated absences 2,286,388 1,944,694 1,819,970 2,411,112 482,200 Governmental activities long-term liabilities $ 32,783,065 $ 3,315,567 $ 3,284,332 $ 32,814,300 $ 1,720,469 Business-type activities: Public placement debt Revenue obligations $ 9,056,453 $ 6,585,012 $ 1,266,750 $ 14,374,715 $ 1,295,000 Compensated absences 270,451 336,577 288,146 318,882 63,700 Business-type activities long-term liabilities $ 9,326,904 $ 6,921,589 $ 1,554,896 $ 14,693,597 $ 1,358,700 Component units: Public placement debt General obligation debt $ 1,325,000 $ - $ 245,000 $ 1,080,000 $ 255,000 Premium 27,248 - 10,701 16,547 - Component unit long- term liabilities $ 1,352,248 $ - $ 255,701 $ 1,096,547 $ 255,000 69 100 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE J—LONG-TERM DEBT—Continued Public Placement Debt General Obligation Debt The City has issued general obligation debt to provide funds for the acquisition and construction of major capital facilities. General obligation debt is a direct obligation and pledges the full faith and credit of the City. This debt is generally issued as serial bonds with varying amounts of principal maturing each year. Certain debt issued by the City’s component units is also backed by the full faith and credit of the City if there is a shortfall in tax increment revenues. General obligation debt outstanding as of June 30, 2022 is as follows: Original Date of Borrowing Interest Rate Maturity Balance General obligation debt: Governmental activities: 2016 Limited Tax General Obligation Refunding Bonds $ 4,535,000 3% - 4% October 2032 $ 3,510,000 2019 Capital Improvement Bonds 19,420,000 1.88% - 3.58% December 2049 19,040,000 2020A Capital Improvement Bonds 4,325,000 2.5% - 5% October 2040 4,005,000 2020B Capital Improvement Bonds 2,055,000 .68% - 3.2% October 2041 1,970,000 $ 28,525,000 Component units: 2012 LDFA Tax Increment Refunding Bonds $ 4,100,000 3% - 4% November 2025 $ 1,080,000 Revenue Obligations The City has issued bonds where the income derived from the acquired or constructed assets is pledged to pay debt service. Revenue obligations outstanding as of June 30, 2022 are as follows: Original Date of Borrowing Interest Rate Maturity Balance Revenue obligations: Business-type activities: 2004 Drinking Water State Revolving Fund $ 13,900,000 2.13% October 2025 $ 3,265,000 2019 Water Supply System Junior Lien Bond 2,000,000 2% October 2025 1,535,000 2019 Sanitary Sewer System Junior Lien Bond 11,500,000 2% October 2033 2,755,000 2020 Water Supply System Junior Lien Bond 3,829,101 2% April 2041 3,294,101 2020 Sanitary Sewer System Junior Lien Bond 4,620,614 2% April 2041 3,525,614 $ 14,374,715 The City has pledged future water customer revenues, net of specified operating expenses, to repay the 2004 Drinking Water State Revolving Fund Loan. Proceeds from the issuance were used to make improvements to the City’s water supply system. The bond is payable solely from water customer net revenues and is payable through 2025. Annual principal and interest payments on the bond are expected to require less than 48 percent of net revenues through 2025. The total principal and interest remaining to be paid on the bond is $3,405,517. Principal and interest paid for the year ended June 30, 2022 and total customer net revenues were $852,616 and $1,770,461, respectively. The City was in compliance in all material respects with all the revenue bond ordinances at June 30, 2022. 70 101 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE J—LONG-TERM DEBT—Continued Public Placement Debt—Continued Installment Purchase Agreements The City has entered into an installment agreement for a ladder truck in 2021. The installment purchase agreement is secured by the equipment purchase if the City defaults under the agreement. Installment purchase agreements outstanding as of June 30, 2022 are as follows: Original Date of Borrowing Interest Rate Maturity Balance Installment purchase agreements: Governmental activities: 2021 Equipment Installment Loan $ 1,370,873 1.78% October 2025 $ 1,173,411 For governmental activities, pension liabilities (i.e. net pension and OPEB liabilities), claims and judgments and compensated absences are generally liquidated by the General Fund. In 2005, the County of Muskegon began making improvements to the regional sewer treatment facilities. The project was funded with $17,500,000 bonds issued through the State of Michigan Clean Water Revolving Fund Loan Program. The County operates the system and makes payments on the bonds with user charges to the local units. The City has pledged its limited tax full faith and credit for the payment of its portion of the debt should user charges collected by the County be insufficient to make the debt payments. The City’s portion of the debt on June 30, 2022 was approximately $1,813,000. The City is unaware of any circumstances that would cause a shortfall in the near future. Annual debt service requirements to maturity for public placement debt and for direct borrowings and direct placements outstanding as of June 30, 2022 follow: Governmental Activities Direct Borrowings and Business-type Activities Year Ending Public Placement Debt Direct Placements Public Placement Debt June 30, Principal Interest Principal Interest Principal Interest 2023 $ 970,000 $ 957,231 $ 268,269 $ 18,471 $ 1,295,000 $ 283,870 2024 1,050,000 926,991 273,023 13,717 1,330,000 256,720 2025 1,100,000 892,982 277,860 8,880 1,355,000 228,948 2026 1,140,000 856,998 282,784 3,956 1,380,000 200,607 2027 1,180,000 817,356 71,475 210 550,000 180,882 2028-2032 6,105,000 3,399,345 - - 2,925,000 734,260 2033-2037 3,890,000 2,570,905 - - 3,210,000 430,510 2038-2042 4,440,000 1,913,763 - - 2,329,715 107,546 2043-2047 4,980,000 1,117,090 - - - - 2048-2050 3,670,000 201,554 - - - - $ 28,525,000 $ 13,654,215 $ 1,173,411 $ 45,234 $ 14,374,715 $ 2,423,343 71 102 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE J—LONG-TERM DEBT—Continued Public Placement Debt—Continued Component Units Year Ending Public Placement Debt June 30, Principal Interest 2023 $ 255,000 $ 28,575 2024 265,000 20,775 2025 275,000 12,675 2026 285,000 4,275 2027 - - 2028-2032 - - 2033-2037 - - 2038-2042 - - 2043-2047 - - 2048-2050 - - $ 1,080,000 $ 66,300 Annual debt service requirements to maturity by type of debt as of June 30, 2022 follow: Installment Revenue Purchase General Obligation Debt Obligations Agreements Year Ending Governmental Component Business-type Governmental June 30, Activities Units Activities Activities 2023 $ 1,927,231 $ 283,575 $ 1,578,870 $ 286,740 2024 1,976,991 285,775 1,586,720 286,740 2025 1,992,982 287,675 1,583,948 286,740 2026 1,996,998 289,275 1,580,607 286,740 2027 1,997,356 - 730,882 71,685 2028-2032 9,504,345 - 3,659,260 - 2033-2037 6,460,905 - 3,640,510 - 2038-2042 6,353,763 - 2,437,261 - 2043-2047 6,097,090 - - - 2048-2050 3,871,554 - - - $ 42,179,215 $ 1,146,300 $ 16,798,058 $ 1,218,645 72 103 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE K—OTHER INFORMATION Risk Management The City is exposed to various risks of loss related to torts; theft of, damage to and destruction of assets; errors and omissions; injuries to employees and natural disasters. The City manages its liability and property risk by participating in the Michigan Municipal Risk Management Authority (MMRMA), a public entity risk pool providing property and liability coverage to its participating members. The City pays an annual premium to MMRMA for its insurance coverage. The MMRMA is self-sustaining through member premiums and provides, subject to certain deductibles, occurrence-based casualty coverage for each incident and occurrence-based property coverage to its members by internally assuring certain risks and reinsuring risks through commercial companies. A $150,000 deductible is maintained to place the responsibility for small charges with the City. Settled claims resulting from these risks have not exceeded insurance coverage in any of the past three fiscal years. Changes in the fund’s claim liability amount in 2022 and 2021 were as follows: Current Year Balance Claims and Balance at Beginning Changes in Claims at End Year Ended of Year Estimates Payments of Year June 30, 2022 $ 103,646 $ 556,421 $ 173,314 $ 486,753 June 30, 2021 133,364 138,186 167,904 103,646 The City manages its workers' compensation risk by participating in the Michigan Municipal Workers' Compensation Fund (MMWCF), a public entity risk pool providing workers' compensation coverage to its participating members. The City pays an annual premium to MMWCF for its workers' compensation coverage. The MMWCF is self-sustaining through member premiums and provides statutory workers' compensation coverage to its members by internally assuring certain risks and reinsuring risks through commercial companies. Settled claims resulting from these risks have not exceeded insurance coverage in any of the past three fiscal years. The City is self-insured for employee health care benefits for those employees selecting the City plan over other options. Under this plan, the General Insurance Fund provides coverage for up to a maximum of up to $500,000 per covered individual’s lifetime. As of June 30, 2022, the claims liability including incurred but not reported claims was $33,172. A liability was recorded in the accompanying financial statements for the estimated claims liability. The claims liability was based on past experience, a review of pending claims and other social and economic factors. The above estimate was not discounted and there were no outstanding claims for which annuity contracts have been purchased in the claimant’s name. No significant reductions in insurance coverage were made in the last fiscal year. Settled claims have not exceeded the commercial coverage in any of the past three fiscal years. Changes in the fund’s claim liability amount in 2022 and 2021 were as follows: Current Year Balance Claims and Balance at Beginning Changes in Claims at End Year Ended of Year Estimates Payments of Year June 30, 2022 $ 63,118 $ 4,738,715 $ 4,768,661 $ 33,172 June 30, 2021 111,410 4,414,715 4,463,007 63,118 73 104 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE K—OTHER INFORMATION—Continued Contingencies Amounts received or receivable from grant agencies are subject to audit and adjustment by grantor agencies, principally the federal and state governments. Any disallowed claims, including amounts already collected, may constitute a liability to the applicable funds. The amount, if any, of expenditures that may be disallowed by the grantor cannot be determined at this time, although the City expects such amounts, if any, to be immaterial. The City is a defendant in various lawsuits. Although the outcome of these lawsuits is not presently determinable, in the opinion of the City's counsel the resolution of these matters will not have a material adverse effect on the financial condition of the City. Commitments The City has several contracts for street projects including water and sewer system improvements and other capital improvements as of June 30, 2022 with a remaining amount of approximately $13,605,000. Approximately $1,722,000 and $1,351,000 of the commitments in the Sewer and Water funds, respectively, are being financed by long-term debt with the remainder being paid out of available funds as follows: Fund Amount General $ 621,000 Major Street and Trunkline 4,078,000 Mercy Health Arena 833,000 Public Improvement 105,000 State Grant 2,203,000 Sewer 2,237,000 Water 3,528,000 $ 13,605,000 The City has also committed to allocating 35 percent of local marihuana excise taxes received to their Michigan Social Equity Program. As of June 30, 2022, the City has committed approximately $189,000 of fund balance in the General Fund to this program. 74 105 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE L—TAX ABATEMENTS Industrial Facilities Exemption The City entered into property tax abatement agreements with local businesses under the Plant Rehabilitation and Industrial Developments Act, (known as the Industrial Facilities Exemptions or IFTs) PA 198 of 1974, as amended. The IFTs provides a tax incentive to manufacturers to enable renovation and expansion of aging facilities, assist in the building of new facilities, and to promote the establishment of high tech facilities. Properties qualifying for IFT status are taxed at half the local property tax millage rate applicable to other real and personal property in the City for a term of one to twelve years as determined by the City. For the year ended June 30, 2022, the City abated property taxes revenues totaling $107,143 under this program. Brownfield Redevelopment Authority The City entered into property tax abatement agreements with local businesses under the Brownfield Redevelopment Act, PA 381 of 1996, as amended. Brownfield properties are those in which the redevelopment or reuse of property may be complicated by the presence or perception of contamination. Brownfields use tax increment financing where growth in taxable value above the initial value of the Brownfield is captured and used to repay the developer for remediation costs. For the year ended June 30, 2022, the City abated property taxes revenues totaling $185,801 under this program. Payment in Lieu of Taxes (PILOT) The City uses the State Housing Development Authority Act, PA 346 of 1966, as amended, to enter into agreements that provide for a service charge in lieu of taxes to encourage the development of housing of its elderly citizens of low and moderate income. For the year ended June 30, 2022, the City abated property taxes revenues totaling $149,880 under this program. NOTE M—EMPLOYEE RETIREMENT SYSTEM AND PENSION PLAN Defined Benefit Pension Plan Plan Description The City’s defined benefit pension plan provides certain retirement, disability and death benefits to plan members and beneficiaries. The City participates in the Municipal Employees Retirement System (MERS) of Michigan. MERS is an agent multiple-employer, statewide public employee pension plan established by the Michigan Legislature under Public Act 135 of 1945 and administered by a nine member Retirement Board. MERS issues a publicly available financial report that includes financial statements and required supplementary information. This report may be obtained accessing the MERS website at www.mersofmich.com. Benefits Provided Public Act 427 of 1984, as amended, established and amends the benefit provisions of the participants in MERS. The Plan covers all full-time employees hired prior to January 2005. Beginning in January 2005, the various employee divisions began to be closed. By July 2006, all employee divisions were closed. 75 106 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE M—EMPLOYEE RETIREMENT SYSTEM AND PENSION PLAN—Continued Defined Benefit Pension Plan—Continued Benefits Provided—Continued Benefits provided are based on the following by employee division: Normal Reduced Vesting Retirement Early Early Mulitplier Period Age Retirement Retirement Non-Union General 2.25%* 5 years 60 55/25 50/25 or 55/15 Non-Union Police 3.00% 10 years 55 53/25 50/25 Clerical 2.25%* 5 years 60 55/25 50/25 or 55/15 Department of Public Works 2.25%* 10 years 60 55/30 50/25 or 55/15 Police Patrol 3.00%* 10 years 55 50/25 Not applicable Police Command 3.00% 10 years 55 50/25 Not applicable Fire 2.75% 10 years 55 53/25 50/25 *Effective January 2017, the multiplier for Non-Union General and Department of Public Works was changed to 2.00% and the multiplier for Police Patrol was changed to 2.675%. Effective December 2018, the multiplier for Clerical was changed to 2.00%. Final average compensation is calculated based on 3 years. Employees Covered by Benefit Terms At December 31, 2021 valuation date, the following employees were covered by the benefit terms: Inactive employees or beneficiaries currently receiving benefits 337 Inactive employees entitled to but not yet receiving benefits 33 Active employees 62 Total employees covered by MERS 432 Contributions The City is required to contribute amounts at least equal to the actuarially determined rate, as established by the MERS Retirement Board. The actuarially determined rate is the estimated amount necessary to finance the cost of benefits earned by employees during the year, with an additional amount to finance any unfunded accrued liability. The City may establish contribution rates to be paid by its covered employees. For the year ended June 30, 2022, the City had a flat-dollar employer contribution to the Plan of $3,724,080 in lieu of a percentage of covered employee payroll, as the Plan is closed to new employees. Member contributions range from 4 percent to 6.5 percent. Net Pension Liability The City’s net pension liability was measured as of December 31, 2021, and the total pension liability used to calculate the net pension liability was determined by an annual actuarial valuation as of that date. 76 107 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE M—EMPLOYEE RETIREMENT SYSTEM AND PENSION PLAN—Continued Defined Benefit Pension Plan—Continued Actuarial Assumptions The total pension liability in the December 31, 2021 actuarial valuation was determined using the following actuarial assumptions, applied to all periods included in the measurement: Inflation 2.5 percent Salary increases 3.0 percent in the long-term Investment rate of return 7.00 percent, net of investment and administrative expenses including inflation Although no specific price inflation assumptions are needed for the valuation, the 3.0 percent long-term wage inflation assumption would be consistent with a price inflation of 3-4 percent. Mortality rates used were based on a version of Pub-2010 and fully generational MP-2019. The actuarial assumptions used in valuation were based on the results of the most recent actuarial experience study of 2014 through 2018. The long-term expected rate of return on pension plan investments was determined using a model method in which the best-estimate ranges of expected future real rates of return (expected returns, net of investment and administrative expenses and inflation) are developed for each major asset class. These ranges are combined to produce the long-term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. The target allocation and best estimates of geometric real rates of return for each major asset class are summarized in the following table: Target Long-Term Long-Term Allocation Expected Expected Target Gross Rate of Gross Rate Inflation Real Rate Asset Class Allocation Return of Return Assumption of Return Global equity 60.0% 7.00% 4.20% 2.50% 2.70% Global fixed income 20.0% 4.50% 0.90% 2.50% 0.40% Private assets 20.0% 9.50% 1.90% 2.50% 1.40% Total 100.0% 7.00% 4.50% Discount Rate The discount rate used to measure the total pension liability was 7.25 percent for 2021. The current discount rate shown for GASB 68 purposes is higher than the MERS assumed rate of return. This is because for GASB 68 purposes, the discount rate must be gross of administrative expenses, whereas for funding purposes, it is net of administrative expense. The projection of cash flows used to determine the discount rate assumed that employer and employee contributions will be made at rates agreed upon for employees and the actuarially determined rate for employers. Based on those assumptions, the pension plan's fiduciary net position was projected to be available to pay all projected future benefit payments of current active and inactive employees. Therefore, the long-term expected rate of return on pension plan investments was applied to all periods of projected benefit payments to determine the total pension liability. 77 108 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE M—EMPLOYEE RETIREMENT SYSTEM AND PENSION PLAN—Continued Defined Benefit Pension Plan—Continued Changes in the Net Pension Liability Increase (Decrease) Plan Net Pension Total Pension Fiduciary Liability Liability (a) Position (b) (a)-(b) Balance at January 1, 2021 $ 125,918,365 $ 93,025,193 $ 32,893,172 Changes for the year Service cost 529,832 - 529,832 Interest 9,237,064 - 9,237,064 Difference between expected and actual experience 256,636 - 256,636 Changes in assumptions 4,396,829 - 4,396,829 Contributions - employer - 3,313,056 (3,313,056) Contributions - employee - 304,680 (304,680) Net investment income - 12,779,029 (12,779,029) Administrative expenses - (146,581) 146,581 Benefit payments including refund of employee contributions (9,285,923) (9,285,923) - Net changes 5,134,438 6,964,261 (1,829,823) Balance at December 31, 2021 $ 131,052,803 $ 99,989,454 $ 31,063,349 Sensitivity of the Net Pension Liability to Changes in the Discount Rate The following presents the net pension liability of the City, calculated using the discount rate of 7.25 percent, as well as what the City's net pension liability would be if it were calculated using a discount rate that is 1- percentage-point lower (6.25 percent) or 1-percentage-point higher (8.25 percent) than the current rate: 1% Decrease Current Discount 1% Increase (6.25%) Rate (7.25%) (8.25%) City's net pension liability $ 45,217,643 $ 31,063,349 $ 19,159,352 78 109 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE M—EMPLOYEE RETIREMENT SYSTEM AND PENSION PLAN—Continued Defined Benefit Pension Plan—Continued Pension Expense and Deferred Outflows of Resources and Deferred Inflows of Resources Related to Pensions For the year ended June 30, 2022, the City recognized pension expense of $5,712,267. At June 30, 2022, the City reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: Deferred Outflows Deferred Inflows of Resources of Resources Net differences between projected and actual net investment income $ - $ 6,950,178 Contributions subsequent to the measurement date* 1,862,040 - Total $ 1,862,040 $ 6,950,178 *The amount reported as deferred outflows of resources resulting from contributions subsequent to the measurement date will be recognized as a reduction in the net pension liability for the year ending June 30, 2023. Amounts reported as deferred outflows of resources and deferred inflows of resources related to pensions will be recognized in pension expense as follows: Year Ending June 30, Amount 2023 $ (827,997) 2024 (2,930,530) 2025 (2,003,322) 2026 (1,188,329) Payables to the Pension Plan At June 30, 2022, the City reported a payable of $329,476 for the outstanding amount of contributions to the pension plan required for the year ended June 30, 2022. 79 110 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE M—EMPLOYEE RETIREMENT SYSTEM AND PENSION PLAN—Continued Defined Contribution Pension Plan The City also maintains a defined contribution plan offered by MERS for its full-time employees hired after the defined benefit plan was closed to new participants. Benefit terms, including contribution requirements, for the MERS defined contribution plan are established and may be amended by the City Commission as determined by negotiated labor contracts. The City is required to contribute 3 percent to 13 percent of a qualified employees’ annual compensation each year depending on employee group. Qualified employees are required to contribute 0 percent to 8 percent of annual compensation depending on employee group. For the year ended June 30, 2022, City and employee contributions were $1,225,250 and $520,495, respectively. Employees are immediately vested in their own contributions and earnings on those contributions and become vested in City contributions and earnings on City contributions by 20 percent for each full year of service, leaving employees fully vested after five years of service. Nonvested City contributions are forfeited upon termination of employment. Such forfeitures are used to cover a portion of the pension plan’s administrative expenses. For the year ended June 30, 2022, forfeitures reduced the City’s pension expense by $83,099. Deferred Compensation Plan The City offers its employees a deferred compensation plan created in accordance with Internal Revenue Code Section 457. The Plan, available to all full-time employees at their option, permits participants to defer a portion of their salary until future years. Payments from the deferred compensation plan are not available to participants until termination, retirement, death, or unforeseeable emergency. Active participants are allowed to borrow from their accumulated assets for limited purposes such as family education costs, medical costs, or down payment for a new home. The City must approve program loans. The Plan has created a trust for the exclusive benefit of the Plan’s participants and beneficiaries under rules provided by Internal Revenue Code Section 401(f). NOTE N—OTHER POSTEMPLOYMENT BENEFITS Retiree Healthcare Plan Plan Description The City’s defined benefit OPEB Plan, the City of Muskegon Retiree Healthcare Plan (OPEB Plan), provides healthcare benefits to certain employees and their spouses upon retirement. The Plan is a single-employer defined benefit plan administered by the City Commission. The benefits are provided under collective bargaining agreements and at the discretion of the City Commission. The OPEB Plan does not issue a publicly available report. 80 111 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE N—OTHER POSTEMPLOYMENT BENEFITS—CONTINUED Retiree Healthcare Plan—Continued Benefits Provided The OPEB Plan provides medical and dental insurances for eligible retirees and spouses who meet the following criteria: Normal Vesting Retirement Early Eligibility Period Age Retirement Non-Union General Hired before January 1, 2011 5 years 60 55/25 Non-Union Police Hired before January 1, 2011 10 years 55 53/25 Clerical Hired before January 1, 2009 10 years 60 55/30 Department of Public Works Hired before January 1, 2011 10 years 60 55/30 Police Patrol Hired before January 1, 2012 10 years 55 50/25 Police Command Hired before January 1, 2010 10 years 55 50/25 Fire Hired before January 1, 2010 10 years 55 53/25 Benefits are provided through a third party insurer. Employees Covered by Benefit Terms At the December 31, 2021 valuation, the following employees were covered by the benefit terms: Active members 81 Inactive members 31 Retirees and beneficiaries 309 Total employees covered by OPEB Plan 421 Contributions The OPEB Plan’s funding policy is that the City will contribute any required amounts as determined by an annual actuarial valuation as a reference but not as a definitive requirement. There are no long-term contracts for contributions to the OPEB Plan. The OPEB Plan has no legally required reserves. For the year ended June 30, 2022, the City made payments for postemployment healthcare benefits of $650,383. Net OPEB Liability The City’s net OPEB liability was measured as of December 31, 2021, and the total OPEB liability used to calculate the net OPEB liability was determined by an actuarial valuation as December 31, 2021. 81 112 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE N—OTHER POSTEMPLOYMENT BENEFITS—Continued Retiree Healthcare Plan—Continued Actuarial Assumptions The total OPEB liability in the December 31, 2021 actuarial valuation was determined using the following actuarial assumptions, applied to all periods included in the measurement: Inflation 2.5 percent Salary increases 0.0 percent Investment rate of return 7.35 percent (including inflation), net of administrative and investment expenses Healthcare cost trend rates Pre-Medicare: 7.25 percent graded down by .25 per year to an ultimate rate of 4.5 percent Post-Medicare: 5.5 percent graded down by .25 per year to an ultimate rate of 4.5 percent Mortality Mortality rates for police and fire were as set forth in the Public Safety 2010 Employee and Healthy Retiree, headcount weighted, MP-2021 improvement scale. Mortality rates for others were as set forth in the Public General 2010 Employee and Healthy Retiree, headcount weighted, MP-2021 improvement scale. Investment Rate of Return The long-term rate of return on retirement plan investments was determined using a building-block method in which best-estimate ranges of expected future real rates of return (expected returns, net of OPEB Plan investment expense and inflation) are developed for each major asset class. These ranges are combined to produce the long-term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. Best estimates of arithmetic real rates of return for each major asset class included in the OPEB Plan’s target asset allocation are summarized in the following table: Target Long-Term Long-Term Allocation Expected Expected Target Gross Rate of Gross Rate Inflation Real Rate Asset Class Allocation Return of Return Assumption of Return Global equity 60.0% 7.75% 4.65% 2.50% 3.15% Global fixed income 20.0% 3.75% 0.75% 2.50% 0.25% Private investments 20.0% 9.75% 1.95% 2.50% 1.45% Total 100.0% 7.35% 4.85% Discount Rate The discount rate used to measure the total OPEB liability was 7.35 percent. The projection of cash flows used to determine the discount rate assumed that the City will make future contributions at levels at least as high as the 2021 contribution up to 8 percent higher per year. Based on this assumption, the OPEB Plan’s fiduciary net position was projected to be sufficient to make projected future benefit payments of current plan members. For projected benefits that are covered by projected assets, the long-term expected rate was used to discount the projected benefits. From the year that benefit payments were not projected be covered by the projected assets (the “depletion date”, not applicable for this plan), projected benefits were discounted at a discount rate reflecting a 20-year AA/Aa tax-exempt municipal bond yield. A single equivalent discount rate that yields the same present value of benefits is calculated. This discount rate is used to determine the total OPEB liability. As of December 31, 2020 the discount rate used to value OPEB liabilities was 6.24 percent. 82 113 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE N—OTHER POSTEMPLOYMENT BENEFITS—Continued Retiree Healthcare Plan—Continued Changes in the Net OPEB Liability Increase (Decrease) Net OPEB Total OPEB Plan Fiduciary Liability Liability (a) Position (b) (a)-(b) Balance at January 1, 2021 $ 32,757,983 $ 22,917,388 $ 9,840,595 Changes for the year Service cost 142,556 - 142,556 Interest 1,999,639 - 1,999,639 Difference between expected and actual experience (2,420,665) - (2,420,665) Changes of assumptions (2,771,809) - (2,771,809) Contributions - employer - 1,767,843 (1,767,843) Net investment income - 2,574,713 (2,574,713) Administrative expenses - (47,967) 47,967 Benefit payments including refund of employee contributions (1,710,064) (1,710,064) - Net changes (4,760,343) 2,584,525 (7,344,868) Balance at December 31, 2021 $ 27,997,640 $ 25,501,913 $ 2,495,727 Sensitivity of the Net OPEB Liability to Changes in the Discount Rate The following presents the net OPEB liability of the City, calculated using the discount rate of 7.35 percent, as well as what the City's net OPEB liability would be if it were calculated using a discount rate that is 1- percentage-point lower (6.35 percent) or 1-percentage-point higher (8.35 percent) than the current rate: 1% Decrease Current Discount 1% Increase (6.35%) Rate (7.35%) (8.35%) City's net OPEB liability $ 5,123,437 $ 2,495,727 $ 271,550 83 114 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE N—OTHER POSTEMPLOYMENT BENEFITS—Continued Retiree Healthcare Plan—Continued Sensitivity of the Net OPEB Liability to Changes in the Healthcare Cost Trend Rate The following presents the net OPEB liability of the City, calculated using the healthcare cost trend rate for pre-Medicare of 7.25 percent, decreasing to 4.5 percent and post-Medicare of 5.5 percent decreasing to 4.5 percent, as well as what the City’s net OPEB liability would be if it were calculated using healthcare cost trend rates that are 1-percentage-point lower (6.25 percent decreasing to 3.5 percent or 4.5 percent decreasing to 3.5 percent) or 1-percentage-point higher (8.25 percent decreasing to 5.5 percent or 6.5 percent decreasing to 5.5 percent) than the current rate: Current Healthcare Cost 1% Decrease Trend Rate 1% Increase City's net OPEB liability $ 310,673 $ 2,495,727 $ 5,044,676 OPEB Plan Fiduciary Net Position Detailed information about the OPEB Plan’s fiduciary net position is not available in a separately issued financial report. For purposes of measuring the net OPEB liability, deferred outflows of resources and deferred inflows of resources related to OPEB, and OPEB expenses, information about the fiduciary net position of the OPEB Plan and additions to/deductions from the City’s fiduciary net position have been determined on the same basis as they are reported by the City. For these purposes, benefit payments (including refunds of employee contributions) are recognized when due and payable in accordance with the benefit terms. Investments are reported at fair value. OPEB Expense and Deferred Outflows of Resources and Deferred Inflows of Resources Related to OPEB For the year ended June 30, 2022, the City recognized OPEB expense of ($3,582,893). At June 30, 2022, the City reported deferred outflows of resources and deferred inflows of resources related to OPEB from the following sources: Deferred Outflows of Deferred Inflows of Resources Resources Differences in experience $ - $ 544,181 Changes in assumptions - 623,120 Net difference between projected and actual net investment income - 1,472,132 Contributions subsequent to the measurement date* 1,017,232 - Total $ 1,017,232 $ 2,639,433 *The amount reported as deferred outflows of resources resulting from contributions subsequent to the measurement date will be recognized as a reduction in the net pension liability for the year ending June 30, 2023. 84 115 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE N—OTHER POSTEMPLOYMENT BENEFITS—Continued Retiree Healthcare Plan—Continued OPEB Expense and Deferred Outflows of Resources and Deferred Inflows of Resources Related to OPEB—Continued Amounts reported as deferred outflows of resources and deferred inflows of resources related to OPEB will be recognized in OPEB expense as follows: Year Ending June 30, Amount 2023 $ (1,355,158) 2024 (645,978) 2025 (409,423) 2026 (228,874) Payables to the OPEB Plan At June 30, 2022, the City did not have a payable to the OPEB Plan. Healthcare Savings Plan The City also maintains a defined contribution OPEB Plan (Health Care Savings Plan or HCSP) which provides certain health care benefits to plan member and legal dependents upon termination of employment. The HCSP covers all City employees hired after July 1, 2012 in lieu of the traditional retiree healthcare plan. The City participates in the Municipal Employees Retirement System (MERS) of Michigan. MERS is an agent multiple employer, statewide public employee defined contribution OPEB Plan established by the Michigan Legislature under Public Act 135 of 1945 and administered by a nine-member Retirement Board. Public Act 427 of 1984, as amended, establishes and amends the benefit provisions of the participants in MERS. MERS issues a publicly available financial report that includes financial statements and required supplementary information. This report may be obtained accessing the MERS website at www.mersofmich.com. Depending on employee group, the Plan covers all qualified City employees hired after January 2009 to December 2012 in lieu of the traditional retiree healthcare plan. The City is required to contribute 1 or 2 percent of a qualified employees’ annual compensation each year depending on employee group. Qualified employees are also required to contribute 1 or 2 percent of annual compensation. Qualified employees are also required to contribute 1 or 2 percent of annual compensation. Additionally, some employees, regardless of hire date, may make voluntary contributions to the HCSP. Employees are immediately vested in all contributions and earnings of those contributions. For the year ended June 30, 2022, City and employee contributions were $530,720 and $248,630, respectively. 85 116 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE O—CHANGE IN ACCOUNTING PRINCIPLE For the year ended June 30, 2022, the City implemented the following new pronouncement: GASB Statement No. 87, Leases. Governmental Accounting Standards Board (GASB) Statement No. 87, Leases, was issued by the GASB in June 2017. The objective of this Statement is to increase the usefulness of governments’ financial statements by requiring recognition of certain lease assets and liabilities for leases that previously were classified as operating leases and recognized as inflows of resources or outflows of resources based on the payment provisions of the contract. It establishes a single model for lease accounting based on the foundational principle that leases are financings of the right to use the underlying asset. Under this Statement, a lessee is required to recognize a lease liability and an intangible right-to-use lease asset, and a lessor is required to recognize a lease receivable and a deferred inflow of resources, thereby enhancing the relevance and consistency of information about governments’ leasing activities. The restatement of beginning of the year has no impact on net position or fund balance. The change in receivables and deferred inflows are as follows: Balance Sheet - General Fund Leases Receivable Deferred Inflows Balances as of July 1, 2021, as previously stated $ - $ - Adoption of GASB Statement 87 4,114,819 4,114,819 Balances as of July 1, 2021, as restated $ 4,114,819 $ 4,114,819 Balance Sheet - Trinity Health Arena Fund Leases Receivable Deferred Inflows Balances as of July 1, 2021, as previously stated $ - $ - Adoption of GASB Statement 87 3,324,454 3,324,454 Balances as of July 1, 2021, as restated $ 3,324,454 $ 3,324,454 Statement of Net Position - Water Fund Leases Receivable Deferred Inflows Balances as of July 1, 2021, as previously stated $ - $ - Adoption of GASB Statement 87 1,019,762 1,019,762 Balances as of July 1, 2021, as restated $ 1,019,762 $ 1,019,762 86 117 City of Muskegon NOTES TO FINANCIAL STATEMENTS June 30, 2022 NOTE O—CHANGE IN ACCOUNTING PRINCIPLE—Continued Statement of Net Position - Governmental Activities Leases Receivable Deferred Inflows Balances as of July 1, 2021, as previously stated $ - $ - Adoption of GASB Statement 87 7,439,273 7,439,273 Balances as of July 1, 2021, as restated $ 7,439,273 $ 7,439,273 Statement of Net Position - Business-type Activities Leases Receivable Deferred Inflows Balances as of July 1, 2021, as previously stated $ - $ - Adoption of GASB Statement 87 1,019,762 1,019,762 Balances as of July 1, 2021, as restated $ 1,019,762 $ 1,019,762 NOTE P—UPCOMING ACCOUNTING PRONOUNCEMENT GASB Statement 96—Subscription-Based Information Technology Arrangements was issued by the GASB in May 2020 and will be effective for the City’s 2023 fiscal year. This Statement provides guidance on the accounting and financial reporting for subscription-based information technology arrangements (SBITAs) for government end users (governments). This Statement (1) defines a SBITA; (2) establishes that a SBITA results in a right-to-use subscription asset—an intangible asset—and a corresponding subscription liability; (3) provides the capitalization criteria for outlays other than subscription payments, including implementation costs of a SBITA; and (4) requires note disclosures regarding a SBITA. To the extent relevant, the standards for SBITAs are based on the standards established in Statement No. 87, Leases, as amended. NOTE Q—SUBSEQUENT EVENT On September 20, 2022, the City issued Revenue Bonds for the Water Fund of $4,843,000 for improvements to the drinking water system. 87 118 [This page was intentionally left blank.] 88 119 REQUIRED SUPPLEMENTARY INFORMATION 89 120 City of Muskegon BUDGETARY COMPARISON SCHEDULE General Fund For the year ended June 30, 2022 (with comparative actual amounts for the year ended June 30, 2021) 2022 2021 Budgeted Amounts Variance with Original Final Actual Final Budget Actual REVENUES Taxes City income taxes $ 9,100,000 $ 9,300,000 $ 10,002,623 $ 702,623 $ 9,256,826 Property taxes 7,916,754 8,263,500 7,980,885 (282,615) 7,624,483 Industrial facilities taxes 200,000 175,000 155,353 (19,647) 211,811 Payments in lieu of taxes 662,541 662,541 656,785 (5,756) 607,538 Total taxes 17,879,295 18,401,041 18,795,646 394,605 17,700,658 Licenses and permits Business licenses 43,000 45,000 43,875 (1,125) 45,415 Liquor licenses 50,000 65,000 65,054 54 45,808 Marihuana facilities licenses 102,500 195,000 175,500 (19,500) 189,200 Cable TV fees 370,000 370,000 369,420 (580) 374,219 Rental property registration 397,500 399,500 412,225 12,725 397,236 Burial permits 80,000 75,000 69,200 (5,800) 74,435 Building permits 800,000 775,000 755,346 (19,654) 683,883 Electrical permits 201,000 190,000 172,506 (17,494) 194,056 Plumbing permits 98,000 98,000 87,562 (10,438) 99,165 Mechanical permits 146,000 135,000 130,775 (4,225) 136,858 Vacant building fees 3,500 30,000 24,585 (5,415) 6,100 Total licenses and permits 2,291,500 2,377,500 2,306,048 (71,452) 2,246,375 Intergovernmental revenues Federal grants 333,344 270,000 291,918 21,918 1,667,916 State Grants 924,000 1,393,000 1,392,403 (597) 1,018,505 State shared revenue 4,399,008 4,399,008 5,087,587 688,579 4,733,888 Total intergovernmental revenues - State 5,323,008 5,792,008 6,479,990 687,982 5,752,393 Local - - 50,000 50,000 50,000 90 121 City of Muskegon BUDGETARY COMPARISON SCHEDULE—CONTINUED General Fund For the year ended June 30, 2022 (with comparative actual amounts for the year ended June 30, 2021) 2022 2021 Budgeted Amounts Variance with Original Final Actual Final Budget Actual Charges for services Tax administration fees $ 327,000 $ 386,000 $ 389,161 $ 3,161 $ 369,323 Utility administration fees 310,000 310,000 310,000 - 310,000 Reimbursement for elections - 20,000 2,464 (17,536) 75 Brownfield authority admin fee 275,000 275,000 275,000 - 175,000 Indirect cost reimbursements 1,481,624 1,440,116 1,440,116 - 1,278,590 Site plan review fee 5,800 12,000 10,900 (1,100) 8,900 Sale of cemetery lots 30,000 40,000 33,493 (6,507) 47,339 Police miscellaneous 145,200 224,200 250,874 26,674 130,990 Police impound fees 40,000 40,000 37,903 (2,097) 46,309 Landlord's alert fee 30,000 30,000 25,783 (4,217) 25,766 Fire protection - state property 119,574 101,158 101,158 - 119,574 Zoning fees 19,500 30,300 27,785 (2,515) 21,580 Muskegon Heights zoning 15,000 7,600 2,310 (5,290) 11,270 Clerk fees 2,000 9,000 32,493 23,493 1,387 Clerk fees - passport fees 40,000 44,000 45,480 1,480 5,555 Tax abatement application fees 14,400 9,500 7,280 (2,220) 4,085 Treasurer fees 42,000 34,900 76,621 41,721 57,618 False alarm fees 7,000 7,000 7,785 785 5,880 Miscellaneous cemetery income 16,000 40,000 32,615 (7,385) 34,956 Downtown social district 36,750 75,000 79,102 4,102 7,281 Fire miscellaneous 14,000 14,500 10,922 (3,578) 16,334 Sanitation stickers 404,100 437,700 451,038 13,338 435,659 Lot cleanup fees 39,500 37,500 27,808 (9,692) 34,615 Reimbursements - lot mowing and demolitions 5,000 - - - - Special events reimbursements 50,000 15,000 22,621 7,621 (34,762) Recreation program fees 8,000 21,500 22,192 692 14,890 Parking 500,000 720,000 837,125 117,125 543,794 Other charges for services - 10,000 6,000 (4,000) - Total charges for services 3,977,448 4,391,974 4,566,029 174,055 3,672,008 Fines and forfeitures Income tax - penalty and interest 200,000 200,000 189,868 (10,132) 286,818 Late fees on current taxes 20,000 20,000 17,878 (2,122) 15,574 Interest on late invoices 11,000 17,400 17,777 377 16,179 Parking fines 135,000 242,000 249,725 7,725 149,864 Court fines 120,000 90,000 74,789 (15,211) 97,979 Civil infractions 15,000 31,000 31,332 332 18,057 Total fines and forfeitures 501,000 600,400 581,369 (19,031) 584,471 Investment earnings and rental income Interest income 100,000 75,000 254,524 179,524 98,623 Net increase (decrease) in the fair value of investments - - (918,392) (918,392) (163,278) City right of way rental 6,800 2,400 2,400 - 2,000 Fire station lease - Central Dispatch 480,708 490,000 353,579 (136,421) 101,084 Parking rentals 68,750 68,750 55,239 (13,511) 61,935 Great Lakes Naval Memorial lease 15,000 - - - - McGraft Park rentals 97,000 97,000 92,841 (4,159) 48,016 Other park rentals 49,000 68,500 66,459 (2,041) 50,028 Total investment earnings and rental income 817,258 801,650 (93,350) (895,000) 198,408 91 122 City of Muskegon BUDGETARY COMPARISON SCHEDULE—CONTINUED General Fund For the year ended June 30, 2022 (with comparative actual amounts for the year ended June 30, 2021) 2022 2021 Budgeted Amounts Variance with Original Final Actual Final Budget Actual Other Sale of land and assets $ - $ - $ 356 $ 356 $ - Police sale and auction proceeds 1,000 500 4,872 4,372 385 CDBG program reimbursements 438,910 399,910 412,269 12,359 495,554 Fisherman's Landing reimbursement 17,500 28,039 28,039 - 23,706 Contributions 62,000 302,000 265,700 (36,300) 558,945 Contributions - Veteran's Park maintenance 18,500 16,900 16,889 (11) 12,904 Community Foundation for Muskegon County 35,534 10,691 10,691 - 10,144 Miscellaneous and sundry 95,000 426,069 428,301 2,232 82,616 Total other 668,444 1,184,109 1,167,117 (16,992) 1,184,254 Total revenues 31,791,297 33,818,682 34,144,767 326,085 33,056,483 EXPENDITURES Current Public representation services City commission 87,223 107,877 106,980 897 96,287 City promotions and public relations 76,200 76,200 66,682 9,518 56,041 City manager 529,550 504,900 490,999 13,901 430,424 Contributions to outside agencies 405,329 577,622 567,952 9,670 541,614 City attorney 380,000 505,000 526,315 (21,315) 431,961 Total public representation services 1,478,302 1,771,599 1,758,928 12,671 1,556,327 Administrative services City clerk 688,230 683,500 709,596 (26,096) 569,368 Civil service 241,545 255,965 236,245 19,720 214,035 Total administrative services 929,775 939,465 945,841 (6,376) 783,403 Financial services Finance administration 643,850 642,300 642,543 (243) 643,392 Assessing 415,948 416,500 415,917 583 348,753 Arena administration - - 8,196 (8,196) 10,797 Income tax administration 414,753 409,000 403,538 5,462 400,206 Information systems 550,571 675,500 651,932 23,568 524,565 City treasurer 647,227 625,500 637,622 (12,122) 615,675 Pension administration 2,908,506 2,908,506 2,908,506 - 2,266,951 Total financial services 5,580,855 5,677,306 5,668,254 9,052 4,810,339 Public safety Police department 10,234,869 10,738,500 10,758,657 (20,157) 9,862,730 Fire department 3,164,026 3,021,811 3,034,373 (12,562) 2,908,093 Fire safety inspections 2,007,745 2,022,000 1,727,952 294,048 1,870,745 Total public safety 15,406,640 15,782,311 15,520,982 261,329 14,641,568 92 123 City of Muskegon BUDGETARY COMPARISON SCHEDULE—CONTINUED General Fund For the year ended June 30, 2022 (with comparative actual amounts for the year ended June 30, 2021) 2022 2021 Budgeted Amounts Variance with Original Final Actual Final Budget Actual Public works Street lighting $ 350,000 $ 350,000 $ 356,973 $ (6,973) $ 382,729 Community event support 92,100 121,000 130,198 (9,198) 100,206 General sanitation 2,037,262 2,345,700 2,344,186 1,514 2,285,497 Storm water management 14,000 30,000 22,233 7,767 4,000 City hall maintenance 325,711 350,000 365,188 (15,188) 310,492 Cemeteries maintenance 473,402 481,382 509,515 (28,133) 360,056 Total public works 3,292,475 3,678,082 3,728,293 (50,211) 3,442,980 Community and economic development Planning, zoning and economic development 556,100 565,500 542,191 23,309 488,691 Environmental services - 1,500 1,502 (2) 177 Edison Landing subsidy 200,000 200,000 200,000 - 350,000 Total community and economic development 756,100 767,000 743,693 23,307 838,868 Culture and recreation Parks maintenance 1,899,516 2,379,089 2,482,189 (103,100) 1,665,740 McGraft Park maintenance 123,075 148,175 142,840 5,335 131,222 General and inner city recreation programs - 5,500 5,482 18 305 Forestry 80,000 82,500 81,501 999 56,567 Parking operations 45,600 51,330 100,522 (49,192) 89,542 Farmers market and flea market - - 41 (41) 99 Social district 36,750 47,000 26,905 20,095 5,639 Total culture and recreation 2,184,941 2,713,594 2,839,480 (125,886) 1,949,114 Other governmental functions Insurance premiums 389,881 464,000 450,719 13,281 351,344 Other 50,000 50,000 34,305 15,695 28,888 Total other governmental functions 439,881 514,000 485,024 28,976 380,232 Debt service Principal 710,000 907,462 907,462 - 2,285,300 Interest and fees 372,000 390,593 390,771 (178) 250,991 Bond issuance costs - 1,000 1,000 - 140,750 Total debt service 1,082,000 1,299,055 1,299,233 (178) 2,677,041 Capital outlay 1,829,588 4,552,706 4,662,678 (109,972) 4,358,050 Total expenditures 32,980,557 37,695,118 37,652,406 42,712 35,437,922 Excess of revenues over (under) expenditures (1,189,260) (3,876,436) (3,507,639) 368,797 (2,381,439) 93 124 City of Muskegon BUDGETARY COMPARISON SCHEDULE—CONTINUED General Fund For the year ended June 30, 2022 (with comparative actual amounts for the year ended June 30, 2021) 2022 2021 Budgeted Amounts Variance with Original Final Actual Final Budget Actual OTHER FINANCING SOURCES (USES) Long-term debt issued $ 1,085,275 $ 289,176 $ 1,370,873 $ 1,081,697 $ 4,325,000 Refunding bonds issued - - - - 2,055,000 Premium on bonds issued - - - - 772,424 Transfers in 1,080,000 6,828,548 5,798,549 (1,029,999) - Transfers out (915,000) (3,130,000) (3,998,250) (868,250) (1,475,000) Total other financing sources (uses) 1,250,275 3,987,724 3,171,172 (816,552) 5,677,424 Net change in fund balance $ 61,015 $ 111,288 (336,467) $ (447,755) 3,295,985 Fund balance at beginning of year 11,197,840 7,901,855 Fund balance at end of year $ 10,861,373 $ 11,197,840 Note: Both budgets and actual figures are prepared in accordance with generally accepted accounting principles. 94 125 City of Muskegon BUDGETARY COMPARISON SCHEDULE Major Street and Trunkline Fund For the year ended June 30, 2022 Budgeted Amounts Variance with Original Final Actual Final Budget REVENUES Intergovernmental revenues Federal $ 1,109,848 $ 566,848 $ - $ (566,848) State 4,881,000 5,111,000 4,809,424 (301,576) Investment earnings 5,000 10,000 11,627 1,627 Other - 360,000 323,508 (36,492) Total revenues 5,995,848 6,047,848 5,144,559 (903,289) EXPENDITURES Current Highways, streets and bridges 5,892,486 5,040,138 3,798,863 1,241,275 Debt service Principal - 230,000 230,000 - Interest and fees - 3,503 3,503 - Total expenditures 5,892,486 5,273,641 4,032,366 1,241,275 Net change in fund balance $ 103,362 $ 774,207 1,112,193 $ 337,986 Fund balance at beginning of year 2,408,053 Fund balance at end of year $ 3,520,246 Note: Both budgets and actual figures are prepared in accordance with generally accepted accounting principles. 95 126 City of Muskegon BUDGETARY COMPARISON SCHEDULE Trinity Health Arena Fund For the year ended June 30, 2022 Budgeted Amounts Variance with Original Final Actual Final Budget REVENUES Intergovernmental revenues Federal $ - $ 625,498 $ 625,498 $ - Charges for services 1,075,267 1,961,518 2,683,567 722,049 Investment earnings - - 79,782 79,782 Other 9,500 662,202 14,904 (647,298) Total revenues 1,084,767 3,249,218 3,403,751 154,533 EXPENDITURES Current Culture and recreation 1,723,805 2,160,000 2,274,570 (114,570) Capital outlay 125,000 2,137,760 1,987,141 150,619 Total expenditures 1,848,805 4,297,760 4,261,711 36,049 Excess of revenues over (under) expenditures (764,038) (1,048,542) (857,960) 190,582 OTHER FINANCING SOURCES Transfers in 1,029,203 779,203 865,000 85,797 Net change in fund balance $ 265,165 $ (269,339) 7,040 $ 276,379 Fund balance at beginning of year 54,928 Fund balance at end of year $ 61,968 Note: Both budgets and actual figures are prepared in accordance with generally accepted accounting principles. 96 127 City of Muskegon Required Supplemental Information SCHEDULE OF CHANGES IN NET PENSION LIABILITY AND RELATED RATIOS Last Ten Fiscal Years (Amounts were determined as of December 31 of each fiscal year) 2021 2020 2019 2018 2017 2016 2015 2014 TOTAL PENSION LIABILITY Service cost $ 529,832 $ 615,293 $ 732,228 $ 806,565 $ 1,018,541 $ 1,130,408 $ 1,194,909 $ 1,190,507 Interest 9,237,064 8,787,617 8,718,797 8,345,836 8,429,233 8,345,661 8,034,035 7,817,503 Differences between expected and actual experience 256,636 2,829,299 1,830,804 3,642,392 1,326,122 (1,697,797) (647,017) - Changes in assumptions 4,396,829 2,974,495 4,134,788 - - - 4,779,382 - Benefit payments, including refunds of employee contributions (9,285,923) (9,214,462) (8,218,689) (7,512,608) (6,937,544) (6,417,825) (6,363,249) (6,407,932) Other changes - - - (229,967) (4,485,289) - - - Net change in total pension liability 5,134,438 5,992,242 7,197,928 5,052,218 (648,937) 1,360,447 6,998,060 2,600,078 Total pension liability at beginning of year 125,918,365 119,926,123 112,728,195 107,675,977 108,324,914 106,964,467 99,966,407 97,366,329 Total pension liability at end of year (a) $ 131,052,803 $ 125,918,365 $ 119,926,123 $ 112,728,195 $ 107,675,977 $ 108,324,914 $ 106,964,467 $ 99,966,407 PLAN FIDUCIARY NET POSITION Contributions-employer $ 3,313,056 $ 2,468,311 $ 2,712,204 $ 2,671,175 $ 1,801,016 $ 1,996,512 $ 1,420,218 $ 1,166,652 Contributions-employee 304,680 374,806 491,814 848,562 687,391 563,898 566,045 564,409 Net investment income 12,779,029 10,575,596 11,059,388 (3,452,538) 10,964,115 8,890,951 (1,237,895) 5,282,031 Benefit payments, including refunds or employee contributions (9,285,923) (9,214,462) (8,218,689) (7,512,608) (6,937,544) (6,417,825) (6,363,249) (6,407,932) Administrative expense (146,581) (173,766) (190,108) (173,509) (173,921) (175,718) (183,599) (193,139) - - - 97 Net change in plan fiduciary net position 6,964,261 4,030,485 5,854,609 (7,618,918) 6,341,057 4,857,818 (5,798,480) 412,021 Plan fiduciary net position at beginning of year 93,025,193 88,994,708 83,140,099 90,759,017 84,417,960 79,560,142 85,358,622 84,946,601 Plan fiduciary net position at end of year (b) $ 99,989,454 $ 93,025,193 $ 88,994,708 $ 83,140,099 $ 90,759,017 $ 84,417,960 $ 79,560,142 $ 85,358,622 City's net pension liability at end of year (a)-(b) $ 31,063,349 $ 32,893,172 $ 30,931,415 $ 29,588,096 $ 16,916,960 $ 23,906,954 $ 27,404,325 $ 14,607,785 Plan fiduciary net position as a percentage of the total pension liability 76.30% 73.88% 74.21% 73.75% 84.29% 77.93% 74.38% 85.39% Covered payroll $ 4,608,816 $ 5,408,268 $ 6,110,950 $ 6,565,169 $ 7,645,789 $ 8,460,078 $ 9,108,948 $ 9,171,511 City's net pension liability as a percentage of covered payroll 674.00% 608.20% 506.16% 450.68% 221.26% 282.59% 300.85% 159.27% Notes to Schedule Additional actuarial data is not available and will be provided in subsequent years. 128 City of Muskegon Required Supplemental Information PENSION SYSTEM SCHEDULE OF CONTRIBUTIONS Last Ten Fiscal Years (Amounts were determined as of June 30 of each fiscal year) 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 Actuarially determined contribution $ 3,724,080 $ 2,902,032 $ 1,855,248 $ 1,902,696 $ 1,798,140 $ 1,897,158 $ 1,546,440 $ 1,293,996 $ 1,043,040 $ 1,035,772 Contributions in relation to the actuarially determined contribution 3,724,080 2,902,032 2,777,641 2,218,663 1,964,214 2,276,200 1,753,272 1,293,996 1,543,040 1,035,772 Contribution deficiency (excess) $ - $ - $ (922,393) $ (315,967) $ (166,074) $ (379,042) $ (206,832) $ - $ (500,000) $ - Covered payroll $ 4,608,816 $ 5,408,268 $ 6,110,950 $ 6,561,169 $ 7,645,789 $ 8,460,078 $ 9,108,948 $ 9,171,511 $ 9,198,938 $ 10,185,425 Contributions as percentage of covered payroll 80.8% 53.7% 45.5% 33.8% 25.7% 26.9% 19.2% 14.1% 16.8% 10.2% Notes to Schedule Valuation Date: Actuarially determined contribution rates are calculated as of December 31, two years prior to the end of the fiscal year in which contributions are reported. Methods and assumptions used to determine contribution rates: Actuarial cost method Entry age normal Amortization method Level percentage of payroll, Closed 98 Remaining amortization period 17 years Asset valuation method 5-year smoothed market Inflation 2.5 percent Salary increases 3.0 percent in the long-term Investment rate of return 7.35 percent, net of administrative and investment expenses Retirement age Varies depending on plan adoption Mortality Based on a version of Pub-2010 and fully generational MP-2019 129 City of Muskegon REQUIRED SUPPLEMENTARY INFORMATION RETIREE HEALTHCARE SYSTEM SCHEDULE OF CHANGES IN THE NET OPEB LIABILITY AND RELATED RATIOS Last Ten Fiscal Years (Amounts were determined as of December 31 of each fiscal year) 2021 2020 2019 2018 2017 TOTAL OPEB LIABILITY Service cost $ 142,556 $ 156,214 $ 165,306 $ 178,243 $ 165,423 Interest 1,999,639 2,058,432 2,191,233 2,035,720 1,954,979 Differences between expected and actual experience (2,420,665) (325,146) (2,119,868) (992,432) - Changes of assumptions (2,771,809) (1,152,266) 6,288,823 2,349,210 - Benefit payments, including refunds of employee contributions (1,710,064) (1,621,453) (1,983,928) (1,118,442) (1,064,376) Net change in total OPEB liability (4,760,343) (884,219) 4,541,566 2,452,299 1,056,026 Total OPEB liability at beginning of year 32,757,983 33,642,202 29,100,636 26,648,337 25,592,311 Total OPEB liability at end of year (a) $ 27,997,640 $ 32,757,983 $ 33,642,202 $ 29,100,636 $ 26,648,337 PLAN FIDUCIARY NET POSITION Contributions-employer $ 1,767,843 $ 1,154,926 $ 1,001,447 $ 671,363 $ 736,039 Net investment income 2,574,713 2,210,729 2,660,470 (699,603) 2,110,019 Benefit payments, including refunds or employee contributions (1,710,064) (1,621,453) (1,983,928) (1,118,442) (1,064,376) 99 Administrative expense (47,967) (42,375) (41,397) (53,927) (52,313) Net change in plan fiduciary net position 2,584,525 1,701,827 1,636,592 (1,200,609) 1,729,369 Plan fiduciary net position at beginning of year 22,917,388 21,215,561 19,578,969 20,779,578 19,050,209 Plan fiduciary net position at end of year (b) $ 25,501,913 $ 22,917,388 $ 21,215,561 $ 19,578,969 $ 20,779,578 City's net OPEB liability at end of year (a)-(b) $ 2,495,727 $ 9,840,595 $ 12,426,641 $ 9,521,667 $ 5,868,759 Plan fiduciary net position as a percentage of the total OPEB liability 91.09% 69.96% 63.06% 67.28% 77.98% Covered payroll $ 6,978,841 $ 7,848,543 $ 8,952,683 Not Available $ 8,095,840 City's net OPEB liability as a percentage of covered payroll 35.76% 125.38% 138.80% Not Available 72.49% Notes to Schedule Additional actuarial data is not available and will be provided in subsequent years. 130 City of Muskegon REQUIRED SUPPLEMENTARY INFORMATION RETIREE HEALTHCARE SYSTEM SCHEDULE OF CONTRIBUTIONS Last Ten Fiscal Years (Amounts were determined as of June 30 of each fiscal year) 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 Actuarially determined contribution $ 1,344,010 $ 2,289,405 $ 2,115,188 $ 1,470,562 $ 956,532 $ 606,506 $ 639,428 $ 659,451 $ 696,634 $ 728,863 Contributions in relation to the actuarially determined contribution 650,383 1,206,464 1,233,505 1,260,887 687,642 606,506 639,428 659,451 696,634 728,863 Contribution deficiency (excess) $ 693,627 $ 1,082,941 $ 881,683 $ 209,675 $ 268,890 $ - $ - $ - $ - $ - Covered payroll $ 6,978,841 $ 7,848,543 $ 8,952,683 Not Available $ 8,095,840 $ 10,830,000 $ 10,830,000 $ 10,005,000 $ 10,005,000 $ 12,365,000 Contributions as percentage of covered payroll 9.3% 15.4% 13.8% Not Available 8.5% 5.6% 5.9% 6.6% 7.0% 5.9% Notes to Schedule Valuation Date: Actuarially determined contribution rates are calculated as of December 31, 2021. Methods and assumptions used to determine contribution rates: Actuarial cost method Entry age normal (level percentage of compensation) Amortization method Level percentage of payroll, Closed 100 Remaining amortization period 7 years Asset valuation method Equal to market value of assets Inflation 2.5 percent Salary increases 0.0 percent Investment rate of return 7.35 percent (including inflation), net of administrative and investment expenses Retirement age 55 - 60 years of age Mortality Mortality rates for police and fire were as set forth in the Public Safety 2010 Employee and Healthy Retiree, headcount weighted, MP-2021 improvement scale. Mortality rates for others were as set forth in the Public General 2010 Employee and Healthy Retiree, headcount weighted, MP-2021 improvement scale. 131 City of Muskegon REQUIRED SUPPLEMENTARY INFORMATION RETIREE HEALTHCARE SYSTEM SCHEDULE OF INVESTMENT RETURNS Last Ten Fiscal Years (Amounts were determined as of December 31 of each fiscal year) 2021 2020 2019 2018 2017 Annual money-weighted rate of return, net of investment expense 11.23% 10.55% 13.95% -3.41% 11.19% Notes to Schedule Additional data is not available and will be provided in subsequent years 101 132 [This page was intentionally left blank.] 102 133 OTHER SUPPLEMENTAL INFORMATION 103 134 DESCRIPTION OF OTHER GOVERNMENTAL FUNDS Special Revenue Funds The special revenue funds are used to account for the proceeds of special revenue sources that are legally restricted to expenditures for specific purposes. Local Street – to account for gas and weight allocations to the City by the Michigan Department of Transportation for construction and maintenance of local streets within the City. Farmers Market and Kitchen 242 – to account for revenues received for the City’s Farmers Market and Kitchen 242. Criminal Forfeitures – to account for receipts generated through the sale of assets seized through criminal court proceedings. Downtown BID – to account for the collection of special assessment revenue in the downtown to be used for improvement and maintenance of downtown public infrastructure. Lakeshore BID – to account for the collection of special assessment revenue in the lakeshore area to be used for improvement and maintenance of lakeshore infrastructure. Tree Replacement – to account for contributions and other revenues earmarked for tree replacement throughout the City. Capital Projects Funds Capital projects funds are used to account for financial resources to be used for the acquisition or construction of major capital assets other than those financed by proprietary funds and trust funds. Public Improvement Fund – to account for grants, private contributions, sale of property, and other resources used to finance various capital projects. Michcon Remediation – to account for reimbursements received from Michcon Gas Company for environmental remediation of their former downtown site. EDC Revolving Loan – to account for funds received upon repayment of Urban Development Action Grant loans and subsequently reloaned to small business enterprises. Community Development Block Grant – to account for categorical grants received from the U. S. Department of Housing and Urban Development for the construction of major city public improvements and the rehabilitation of residential housing and other qualifying expenditures. 104 135 DESCRIPTION OF OTHER GOVERNMENTAL FUNDS—CONTINUED Capital Projects Funds—Continued HOME Rehabilitation – to account for grant revenues received from the U. S. Department of Housing and Urban Development for the purpose of providing housing assistance to low and moderate income households in the City. Lead Abatement – to account for grant revenues received from the U. S. Department of Health and Human Services for the purpose of abatement of lead from homes in the City. Senior Millage – to account for proceeds from the County millage for senior services that were distributed to the City for specific projects. Convention Center Construction – to account for proceeds from debt issuance for the construction of a convention center in downtown Muskegon. Healthy Homes – to account for grant revenues received from the U. S. Department of Housing and Urban Development for the purpose of addressing multiple residential health and safety hazards. Permanent Funds Permanent funds are used to report resources that are legally restricted to the extent that only earnings, not principal, may be used for purposes that support the reporting government’s programs. Cemetery Perpetual Care – to account for charges for services collected and investment income earned and to account for transfers to the General Fund to partially cover cemetery care expenses. 105 136 City of Muskegon COMBINING BALANCE SHEET Other Governmental Funds June 30, 2022 Other Other Permanent Total Other Special Capital Fund - Governmental Revenue Projects Cemetery Funds Funds Funds Perpetual Care ASSETS Cash and investments $ 3,001,131 $ 1,040,460 $ 1,285,084 $ 675,587 Assets managed by others 1,356,585 - 29,011 1,327,574 Receivables Accounts and loans (net of allowance for uncollectibles) 989,779 13,085 973,815 2,879 Due from other governmental units 505,219 196,197 309,022 - Advances to component units 148,994 - - 148,994 Prepaid items 7,905 7,905 - - Total assets $ 6,009,613 $ 1,257,647 $ 2,596,932 $ 2,155,034 LIABILITIES Accounts payable $ 303,168 $ 37,286 $ 265,882 $ - Accrued liabilities 41,424 22,703 18,721 - Due to other governmental units 788 788 - - Due to other funds 33,684 - 33,684 - Short-term draw note 84,297 - 84,297 - Unearned revenues - unused Farmers Market tokens 26,331 26,331 - - Total liabilities 489,692 87,108 402,584 - FUND BALANCES Nonspendable Prepaid items 7,905 7,905 - - Perpetual care 1,677,702 - - 1,677,702 Restricted Highways, streets and bridges 789,134 789,134 - - Law enforcement 23,161 23,161 - - Business improvement districts 176,733 176,733 - - Perpetual care 477,332 - - 477,332 Other purposes 173,606 173,606 - - Assigned for capital projects and public improvements 2,194,348 - 2,194,348 - Total fund balances 5,519,921 1,170,539 2,194,348 2,155,034 Total liabilities and fund balances $ 6,009,613 $ 1,257,647 $ 2,596,932 $ 2,155,034 106 137 City of Muskegon COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES (DEFICITS) Other Governmental Funds For the year ended June 30, 2022 Other Other Permanent Total Other Special Capital Fund - Governmental Revenue Projects Cemetery Funds Funds Funds Perpetual Care REVENUES Intergovernmental revenues Federal $ 2,952,413 $ - $ 2,952,413 $ - State 2,538,375 1,461,786 1,076,589 - Local 261,057 - 261,057 - Charges for services 495,403 401,906 58,204 35,293 Fines and forfeitures 1,264 1,264 - - Investment earnings 36,959 4,445 23,356 9,158 Income from assets managed by others (134,215) - (5,173) (129,042) Other 1,104,169 275,176 828,993 - Total revenues 7,255,425 2,144,577 5,195,439 (84,591) EXPENDITURES Current Public safety 443 443 - - Public works 156,277 156,277 - - Highways, streets and bridges 1,998,785 1,998,785 - - Culture and recreation 484,929 484,929 - - Debt service Principal 205,000 - 205,000 - Interest and fees 616,730 - 616,730 - Capital outlay 4,835,674 - 4,835,674 - Total expenditures 8,297,838 2,640,434 5,657,404 - Excess of revenues over (under) expenditures (1,042,413) (495,857) (461,965) (84,591) OTHER FINANCING SOURCES (USES) Proceeds from sale of capital assets 1,204,675 - 1,204,675 - Transfers in 3,128,500 262,500 2,866,000 - Transfers out (401,000) - (401,000) - Total other financing sources (uses) 3,932,175 262,500 3,669,675 - Net change in fund balances (deficits) 2,889,762 (233,357) 3,207,710 (84,591) Fund balances (deficits) at beginning of year 2,630,159 1,403,896 (1,013,362) 2,239,625 Fund balances at end of year $ 5,519,921 $ 1,170,539 $ 2,194,348 $ 2,155,034 107 138 City of Muskegon COMBINING BALANCE SHEET Other Special Revenue Funds June 30, 2022 Total Other Farmers Special Revenue Local Market and Criminal Downtown Lakeshore Tree Funds Street Kitchen 242 Forfeitures BID BID Replacement ASSETS Cash and investments $ 1,040,460 $ 613,349 $ 222,106 $ 23,161 $ 135,442 $ 45,791 $ 611 Receivables Accounts 13,085 7,550 5,535 - - - - Due from other governmental units 196,197 196,197 - - - - - Prepaid items 7,905 7,905 - - - - - Total assets $ 1,257,647 $ 825,001 $ 227,641 $ 23,161 $ 135,442 $ 45,791 $ 611 LIABILITIES Accounts payable $ 37,286 $ 8,503 $ 24,283 $ - $ 4,500 $ - $ - Accrued liabilities 22,703 19,459 3,244 - - - - Due to other governmental units 788 - 788 - - - - 108 Unearned revenues - unused Farmers Market tokens 26,331 - 26,331 - - - - Total liabilities 87,108 27,962 54,646 - 4,500 - - FUND BALANCES Nonspendable - prepaid items 7,905 7,905 - - - - - Restricted Highways, streets and bridges 789,134 789,134 - - - - - Law enforcement 23,161 - - 23,161 - - - Business improvement districts 176,733 - - - 130,942 45,791 - Other purposes 173,606 - 172,995 - - - 611 Total fund balances 1,170,539 797,039 172,995 23,161 130,942 45,791 611 Total liabilities and fund balances $ 1,257,647 $ 825,001 $ 227,641 $ 23,161 $ 135,442 $ 45,791 $ 611 139 City of Muskegon COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES Other Special Revenue Funds For the year ended June 30, 2022 Total Other Farmers Special Revenue Local Market and Criminal Downtown Lakeshore Tree Funds Street Kitchen 242 Forfeitures BID BID Replacement REVENUES Intergovernmental revenues State $ 1,461,786 $ 1,461,786 $ - $ - $ - $ - $ - Charges for services 401,906 2,800 399,106 - - - - Fines and forfeitures 1,264 - - 1,264 - - - Investment earnings 4,445 2,960 614 111 641 82 37 Other 275,176 39,642 61,778 - 117,193 43,126 13,437 Total revenues 2,144,577 1,507,188 461,498 1,375 117,834 43,208 13,474 EXPENDITURES Current Public safety 443 - - 443 - - - 109 Public works 156,277 - - - 119,880 36,397 - Highways, streets and bridges 1,998,785 1,998,785 - - - - - Culture and recreation 484,929 - 455,886 - - - 29,043 Total expenditures 2,640,434 1,998,785 455,886 443 119,880 36,397 29,043 Excess of revenues over (under) expenditures (495,857) (491,597) 5,612 932 (2,046) 6,811 (15,569) OTHER FINANCING SOURCES Transfers in 262,500 100,000 125,000 - - 35,000 2,500 Net change in fund balances (233,357) (391,597) 130,612 932 (2,046) 41,811 (13,069) Fund balances at beginning of year 1,403,896 1,188,636 42,383 22,229 132,988 3,980 13,680 Fund balances at end of year $ 1,170,539 $ 797,039 $ 172,995 $ 23,161 $ 130,942 $ 45,791 $ 611 140 City of Muskegon BUDGETARY COMPARISON SCHEDULE Other Special Revenue Funds For the year ended June 30, 2022 Local Street Farmers Market and Kitchen 242 Final Variance with Final Variance with Budget Actual Final Budget Budget Actual Final Budget REVENUES Intergovernmental revenues State $ 1,460,000 $ 1,461,786 $ 1,786 $ - $ - $ - Charges for services 5,000 2,800 (2,200) 363,225 399,106 35,881 Investment earnings 3,500 2,960 (540) 500 614 114 Other 40,000 39,642 (358) 36,000 61,778 25,778 Total revenues 1,508,500 1,507,188 (1,312) 399,725 461,498 61,773 EXPENDITURES Current 110 Highways, streets and bridges 2,117,950 1,998,785 119,165 - - - Culture and recreation - - - 429,200 455,886 (26,686) Total expenditures 2,117,950 1,998,785 119,165 429,200 455,886 (26,686) Excess of revenues over (under) expenditures (609,450) (491,597) 117,853 (29,475) 5,612 35,087 OTHER FINANCING SOURCES Transfers in 100,000 100,000 - 40,000 125,000 85,000 Net change in fund balances $ (509,450) (391,597) $ 117,853 $ 10,525 130,612 $ 120,087 Fund balances at beginning of year 1,188,636 42,383 Fund balances at end of year $ 797,039 $ 172,995 141 City of Muskegon BUDGETARY COMPARISON SCHEDULE─CONTINUED Other Special Revenue Funds For the year ended June 30, 2022 Criminal Forfeitures Downtown BID Final Variance With Final Variance With Budget Actual Final Budget Budget Actual Final Budget REVENUES Fines and forfeitures $ - $ 1,264 $ 1,264 $ - $ - $ - Investment earnings 100 111 11 - 641 641 Other - - - 114,888 117,193 2,305 Total revenues 100 1,375 1,275 114,888 117,834 2,946 EXPENDITURES Current Public safety 500 443 57 - - - Public works - - - 114,888 119,880 (4,992) 111 Total expenditures 500 443 57 114,888 119,880 (4,992) Net change in fund balances $ (400) 932 $ 1,332 $ - (2,046) $ (2,046) Fund balances at beginning of year 22,229 132,988 Fund balances at end of year $ 23,161 $ 130,942 142 City of Muskegon BUDGETARY COMPARISON SCHEDULE─CONTINUED Other Special Revenue Funds For the year ended June 30, 2022 Lakeshore BID Tree Replacement Final Variance with Final Variance with Budget Actual Final Budget Budget Actual Final Budget REVENUES Investment earnings $ - $ 82 $ 82 $ - $ 37 $ 37 Other 26,944 43,126 16,182 13,500 13,437 (63) Total revenues 26,944 43,208 16,264 13,500 13,474 (26) EXPENDITURES Current Public works 41,944 36,397 5,547 - - - Culture and recreation - - - 30,000 29,043 957 - - Total expenditures 41,944 36,397 5,547 30,000 29,043 957 112 Excess of revenues over (under) expenditures (15,000) 6,811 21,811 (16,500) (15,569) 931 OTHER FINANCING SOURCES Transfers in - 35,000 35,000 5,000 2,500 (2,500) Net change in fund balances $ (15,000) 41,811 $ 56,811 $ (11,500) (13,069) $ (1,569) Fund balances at beginning of year 3,980 13,680 Fund balances at end of year $ 45,791 $ 611 143 City of Muskegon COMBINING BALANCE SHEET Other Capital Projects Funds June 30, 2022 Total Other EDC Community Convention Capital Projects Public Michcon Revolving Development HOME Lead Senior Center Healthy Funds Improvement Remediation Loan Block Grant Rehabilitation Abatement Millage Construction Homes ASSETS Cash and investments $ 1,285,084 $ 317,741 $ 228,686 $ 506,837 $ 21,197 $ 25,768 $ - $ 31,377 $ 153,478 $ - Assets managed by others 29,011 29,011 - - - - - - - - Receivables Accounts and loans (net of allowance for uncollectibles) 973,815 299,916 - 661,160 12,739 - - - - - Due from other governmental units 309,022 - - - 174,570 57,713 74,724 - - 2,015 Total assets $ 2,596,932 $ 646,668 $ 228,686 $ 1,167,997 $ 208,506 $ 83,481 $ 74,724 $ 31,377 $ 153,478 $ 2,015 LIABILITIES Accounts payable $ 265,882 $ 10,976 $ - $ - $ 77,606 $ 80,854 $ 41,801 $ 13,003 $ 41,642 $ - Accrued liabilities 18,721 - - - 16,323 1,144 505 - - 749 Due to other funds 33,684 - - - - - 32,418 - - 1,266 Short-term draw note 84,297 84,297 - - - - - - - - Total liabilities 402,584 95,273 - - 93,929 81,998 74,724 13,003 41,642 2,015 113 FUND BALANCES Assigned for capital projects and public improvements 2,194,348 551,395 228,686 1,167,997 114,577 1,483 - 18,374 111,836 - Total liabilities and fund balances $ 2,596,932 $ 646,668 $ 228,686 $ 1,167,997 $ 208,506 $ 83,481 $ 74,724 $ 31,377 $ 153,478 $ 2,015 144 City of Muskegon COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES (DEFICITS) Other Capital Projects Funds For the year ended June 30, 2022 Total Other EDC Community Convention Capital Projects Public Michcon Revolving Development HOME Lead Senior Center Healthy Funds Improvement Remediation Loan Block Grant Rehabilitation Abatement Millage Construction Homes REVENUES Intergovernmental revenues Federal $ 2,952,413 $ - $ - $ - $ 1,748,418 $ 580,355 $ 621,625 $ - $ - $ 2,015 State 1,076,589 - - - - - 21,804 - 1,054,785 - Local 261,057 261,057 - - - - - - - - Charges for services 58,204 52,204 - 6,000 - - - - - - Investment earnings 23,356 - 1,141 21,879 - - - 298 38 - Income from assets managed by others (5,173) (5,173) - - - - - - - - Other 828,993 471,709 - 107,916 5,758 6 3 243,601 - - Total revenues 5,195,439 779,797 1,141 135,795 1,754,176 580,361 643,432 243,899 1,054,823 2,015 EXPENDITURES Debt service Principal 205,000 - - - - - - - 205,000 - Interest and fees 616,730 4,519 - - - - - - 612,211 - Capital outlay 4,835,674 647,099 - 410,900 1,707,058 426,476 643,432 265,356 733,338 2,015 Total expenditures 5,657,404 651,618 - 410,900 1,707,058 426,476 643,432 265,356 1,550,549 2,015 114 Excess of revenues over (under) expenditures (461,965) 128,179 1,141 (275,105) 47,118 153,885 - (21,457) (495,726) - OTHER FINANCING SOURCES (USES) Proceeds from sale of capital assets 1,204,675 1,084,182 - - 67,459 53,034 - - - - Transfers in 2,866,000 366,000 - - - - - - 2,500,000 - Transfers out (401,000) - - - - (316,000) - (85,000) - - Total other financing sources (uses) 3,669,675 1,450,182 - - 67,459 (262,966) - (85,000) 2,500,000 - Net change in fund balances (deficits) 3,207,710 1,578,361 1,141 (275,105) 114,577 (109,081) - (106,457) 2,004,274 - Fund balances (deficits) at beginning of year (1,013,362) (1,026,966) 227,545 1,443,102 - 110,564 - 124,831 (1,892,438) - Fund balances at end of year $ 2,194,348 $ 551,395 $ 228,686 $ 1,167,997 $ 114,577 $ 1,483 $ - $ 18,374 $ 111,836 $ - 145 DESCRIPTION OF INTERNAL SERVICE FUNDS Internal service funds are used to account for the financing of goods or services provided by one department to other departments of a governmental unit or to other governments on a cost-reimbursement basis. A list and description of internal service funds maintained by the City follows: Engineering Services – to account for salary, benefit and other costs related to the provision of internal engineering services for City projects; to account for charges to the user funds and projects to cover those expenses. Equipment – to account for the purchase, operation, maintenance and depreciation of all City-owned vehicles and equipment; to account for charges to the user funds and departments to cover those expenses. General Insurance – to account for the payment of claims and benefits, excess liability premiums and operating expenses; to account for charges to other funds and departments to cover the expenses. Public Service Building – to account for the operation, maintenance and depreciation of the City's Public Service Building; to account for charges to the user funds and departments to cover these expenses. 115 146 City of Muskegon COMBINING STATEMENT OF NET POSITION Internal Service Funds June 30, 2022 Total Internal Engineering General Public Service Service Funds Services Equipment Insurance Building ASSETS Current assets Cash and investments $ 3,559,579 $ 67,853 $ 1,534,275 $ 1,012,141 $ 945,310 Accounts receivable 333,192 24,619 9,357 299,216 - Inventories 38,867 - 38,867 - - Prepaid items 229,096 2,906 62,719 158,586 4,885 Total current assets 4,160,734 95,378 1,645,218 1,469,943 950,195 Noncurrent assets Advances to component units 297,986 - 148,993 148,993 - Capital assets Land 65,000 - - - 65,000 Land improvements 301,715 - - - 301,715 Buildings and improvements 1,668,215 - - - 1,668,215 Machinery and equipment 10,313,517 51,346 10,167,807 - 94,364 Less accumulated depreciation (9,524,983) (33,645) (7,676,636) - (1,814,702) Net capital assets 2,823,464 17,701 2,491,171 - 314,592 Total noncurrent assets 3,121,450 17,701 2,640,164 148,993 314,592 Total assets 7,282,184 113,079 4,285,382 1,618,936 1,264,787 DEFERRED OUTFLOWS OF RESOURCES Related to pension 74,482 - 27,931 - 46,551 Related to other postemployment benefits 40,689 - 15,258 - 25,431 Total deferred outflows of resources 115,171 - 43,189 - 71,982 Total assets and deferred outflows of resources 7,397,355 113,079 4,328,571 1,618,936 1,336,769 LIABILITIES Current liabilities Accounts payable 779,382 4,808 210,469 520,956 43,149 Accrued liabilities 60,116 14,296 16,094 1,825 27,901 Bonds and other obligations, due within one year 39,200 8,800 14,100 900 15,400 Total current liabilities 878,698 27,904 240,663 523,681 86,450 Noncurrent liabilities Bonds and other obligations, less amounts due within one year 156,651 34,990 56,497 3,722 61,442 Net pension liability 1,242,534 - 465,950 - 776,584 Net other postemployment benefits liability 99,829 - 37,436 - 62,393 Total noncurrent liabilities 1,499,014 34,990 559,883 3,722 900,419 Total liabilities 2,377,712 62,894 800,546 527,403 986,869 DEFERRED INFLOWS OF RESOURCES Related to pension 278,007 - 104,253 - 173,754 Related to other postemployment benefits 105,577 - 39,591 - 65,986 Total deferred inflows of resources 383,584 - 143,844 - 239,740 Total liabilities and deferred inflows of resources 2,761,296 62,894 944,390 527,403 1,226,609 NET POSITION Net investment in capital assets 2,823,464 17,701 2,491,171 - 314,592 Unrestricted 1,812,595 32,484 893,010 1,091,533 (204,432) Total net position $ 4,636,059 $ 50,185 $ 3,384,181 $ 1,091,533 $ 110,160 116 147 City of Muskegon COMBINING STATEMENT OF REVENUE, EXPENSES AND CHANGES IN NET POSITION Internal Service Funds For the year ended June 30, 2022 Total Internal Engineering General Public Service Service Funds Services Equipment Insurance Building OPERATING REVENUES Charges for services $ 10,433,668 $ 575,183 $ 3,328,303 $ 5,208,979 $ 1,321,203 Other 158,582 69,709 81,105 7,768 - Total operating revenues 10,592,250 644,892 3,409,408 5,216,747 1,321,203 OPERATING EXPENSES Administration 958,063 111,814 198,505 46,960 600,784 Insurance premiums and claims 5,386,649 - - 5,386,649 - Other operations 3,701,160 516,787 2,189,569 49,469 945,335 Depreciation 499,466 2,500 469,305 - 27,661 Total operating expenses 10,545,338 631,101 2,857,379 5,483,078 1,573,780 Operating income (loss) 46,912 13,791 552,029 (266,331) (252,577) NONOPERATING REVENUES (EXPENSES) Investment earnings 25,649 336 12,892 8,751 3,670 Gain (loss) on sale of capital assets 38,349 - 38,349 - - Total nonoperating revenues (expenses) 63,998 336 51,241 8,751 3,670 Income (loss) before transfers 110,910 14,127 603,270 (257,580) (248,907) TRANSFERS Transfers in 400,000 - - - 400,000 Change in net position 510,910 14,127 603,270 (257,580) 151,093 Net position at beginning of year 4,125,149 36,058 2,780,911 1,349,113 (40,933) Net position at end of year $ 4,636,059 $ 50,185 $ 3,384,181 $ 1,091,533 $ 110,160 117 148 City of Muskegon COMBINING STATEMENT OF CASH FLOWS Internal Service Funds For the year ended June 30, 2022 Total Internal Engineering General Public Service Service Funds Services Equipment Insurance Building CASH FLOWS FROM OPERATING ACTIVITIES Receipts from customers $ 169,736 $ 48,212 $ 121,524 $ - $ - Receipts from interfund services provided 10,433,668 575,183 3,328,303 5,208,979 1,321,203 Other receipts 1,266,428 - - 1,266,428 - Payments to suppliers (6,865,909) (150,664) (1,169,326) (5,081,357) (464,562) Payments to employees (1,954,355) (370,696) (502,520) (52,826) (1,028,313) Payments for interfund services used (848,990) (91,098) (633,632) - (124,260) Net cash provided by (used for) operating activities 2,200,578 10,937 1,144,349 1,341,224 (295,932) CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfers in 400,000 - - - 400,000 Interfund borrowing (384,381) - - (384,381) - Collections on advances to component units 93,094 - 46,547 46,547 - Net cash provided by (used for) noncapital financing activities 108,713 - 46,547 (337,834) 400,000 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Purchases of capital assets (659,722) - (659,722) - - 118 Proceeds from sale of capital assets 74,558 - 74,558 - - Net cash provided by (used for) capital and related financing activities (585,164) - (585,164) - - CASH FLOW FROM INVESTING ACTIVITIES Investment earnings 25,649 336 12,892 8,751 3,670 Net increase (decrease) in cash and investments 1,749,776 11,273 618,624 1,012,141 107,738 Cash and investments at beginning of year 1,809,803 56,580 915,651 - 837,572 Cash and investments at end of year $ 3,559,579 $ 67,853 $ 1,534,275 $ 1,012,141 $ 945,310 Reconciliation of operating income (loss) to net cash provided by (used for) operating activities Operating income (loss) $ 46,912 $ 13,791 $ 552,029 $ (266,331) $ (252,577) Adjustments to reconcile operating income (loss) to net cash provided by (used for) operating activities Depreciation expense 499,466 2,500 469,305 - 27,661 Change in assets and liabilities Receivables 1,277,582 (21,497) 40,419 1,258,660 - Inventories (31,549) - (31,549) - - Prepaid items 386 (1,129) 4,217 (4,286) 1,584 Accounts payable 510,189 (429) 147,804 353,703 9,111 Accrued liabilities (102,408) 17,701 (37,876) (522) (81,711) Net cash provided by (used for) operating activities $ 2,200,578 $ 10,937 $ 1,144,349 $ 1,341,224 $ (295,932) 149 DESCRIPTION OF FIDUCIARY FUNDS Fiduciary funds are used to account for assets held by a government in a trustee capacity for individuals, private organizations, other governments or other funds. A list and description of the fiduciary funds maintained by the City follows: CUSTODIAL FUNDS are used to report fiduciary activities that are not required to be reported in pension (and other employee benefit) trust funds, investment trust funds, or private-purpose trust funds. Collector – to account for the collections and disbursement of funds to other entities and individuals and to account for payroll withholdings and their remittance to the appropriate governmental agencies. Current Tax – to account for levy, collection and payment of taxes levied for the general and other funds of the City, county, public school districts, and other governmental entities. Rehab Loan Escrow – to account for deposits made by housing rehabilitation program participants and their expenditures for the intended purposes. 119 150 City of Muskegon COMBINING STATEMENT OF NET POSITION Custodial Funds June 30, 2022 Total Current Rehab Loan Custodial Funds Collector Tax Escrow ASSETS Cash and investments $ 816,055 $ 815,674 $ - $ 381 Accounts receivable 13,835 13,835 - - Total assets 829,890 829,509 - 381 LIABILITIES Accounts payable 19,517 19,136 - 381 Due to other governmental units 622,373 622,373 - - Deposits held for others 188,000 188,000 - - Total liabilities 829,890 829,509 - 381 NET POSITION Restricted for individuals, organizations, and other governments $ - $ - $ - $ - 120 151 City of Muskegon COMBINING STATEMENT OF CHANGES IN NET POSITION Custodial Funds For the year ended June 30, 2022 Total Current Rehab Loan Custodial Funds Collector Tax Escrow ADDITIONS Tax collections for other governments $ 24,329,719 $ 378,627 $ 23,951,092 $ - Other collections for third parties 1,521,847 1,521,847 - - Total additions 25,851,566 1,900,474 23,951,092 - DEDUCTIONS Payment of taxes to other governments 24,329,719 378,627 23,951,092 - Other payments to third parties 1,521,847 1,521,847 - - Total deductions 25,851,566 1,900,474 23,951,092 - Change in net position - - - - Net position at beginning of year - - - - Net position at end of year $ - $ - $ - $ - 121 152 [This page was intentionally left blank.] 122 153 DESCRIPTION OF DISCRETELY PRESENTED COMPONENT UNITS A list and description of the discretely presented component units maintained by the City are as follows: Downtown Development Authority – to account for the collection of tax increment revenues, the issuance and repayment of debt and the construction of public facilities to promote and facilitate economic growth in the downtown. Local Development Finance Authority - SmartZone – to account for the collection of tax increment revenues and the construction of public facilities to promote and facilitate economic growth in the SmartZone Hi-Tech Park. Tax Increment Finance Authority – to account for the collection of tax increment revenues, the issuance and repayment of debt to promote and facilitate economic growth in a sub section of the downtown. Brownfield Redevelopment Authorities – to account for the collection of tax increment revenues for environmental remediation in designated brownfield areas. Currently there are six designated brownfield areas capturing tax increments. Area I – Betten-Henry Street brownfield site. Area II – Former downtown mall brownfield site. Area III – Terrace Point brownfield site. Area IV – Pigeon Hill brownfield site. Area V – Hartshore Marina site. Area VI – Scattered housing site. 123 154 City of Muskegon COMBINING BALANCE SHEET Discretely Presented Component Units June 30, 2022 Local Total Discretely Development Presented Finance Downtown Tax Increment Brownfield Component Authority - Development Finance Redevelopment Units SmartZone Authority Authority Authorities ASSETS Cash and investments $ 403,928 $ 46,925 $ 336,989 $ 20,014 $ - Accounts receivable 32,616 - 32,616 - - Total assets $ 436,544 $ 46,925 $ 369,605 $ 20,014 $ - LIABILITIES Accounts payable $ 109,697 $ - $ 109,697 $ - $ - Accrued liabilities 4,289 - 4,289 - - 124 Due to other governmental units 2,000 - 2,000 - - Due to primary government 64,211 - - - 64,211 Advances from primary government 1,046,980 - - - 1,046,980 Total liabilities 1,227,177 - 115,986 - 1,111,191 FUND BALANCES (DEFICITS) Unassigned (790,633) 46,925 253,619 20,014 (1,111,191) Total liabilities and fund balances (deficits) $ 436,544 $ 46,925 $ 369,605 $ 20,014 $ - 155 City of Muskegon RECONCILIATION OF THE GOVERNMENTAL FUNDS BALANCE SHEET TO THE STATEMENT OF NET POSITION Discretely Presented Component Units June 30, 2022 Total fund balances (deficits)—governmental funds $ (790,633) Amounts reported for governmental activities in the Statement of Net Position are different because: Capital assets used in governmental activities are not current financial resources and, therefore, are not reported in the governmental funds. Cost of capital assets $ 4,198,258 Accumulated depreciation (3,035,729) 1,162,529 Long-term liabilities in governmental activities are not due and payable in the current period and, therefore, are not reported in the governmental funds. Accrued interest payable (7,000) Bonds and notes payable (1,352,248) (1,359,248) Net position of governmental activities $ (987,352) 125 156 City of Muskegon COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES (DEFICITS) Discretely Presented Component Units For the year ended June 30, 2022 Local Total Discretely Development Presented Finance Downtown Tax Increment Brownfield Component Authority - Development Finance Redevelopment Units SmartZone Authority Authority Authorities REVENUES Property taxes $ 1,139,110 $ 85,861 $ 321,446 $ 42,475 $ 689,328 Intergovernmental revenues State 36,895 3,084 - 9,596 24,215 Local 217,000 200,000 17,000 - - Investment earnings 1,357 112 543 58 644 Other 639,439 - 638,765 - 674 Total revenues 2,033,801 289,057 977,754 52,129 714,861 126 EXPENDITURES Current Community and economic development 1,508,284 - 810,219 50,000 648,065 Debt service Principal 245,000 245,000 - - - Interest and fees 55,240 37,300 - - 17,940 Total expenditures 1,808,524 282,300 810,219 50,000 666,005 Net change in fund balances (deficits) 225,277 6,757 167,535 2,129 48,856 Fund balances (deficits) at beginning of year (1,015,910) 40,168 86,084 17,885 (1,160,047) Fund balances (deficits) at end of year $ (790,633) $ 46,925 $ 253,619 $ 20,014 $ (1,111,191) 157 City of Muskegon RECONCILIATION OF THE GOVERNMENTAL FUNDS STATEMENT OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCES (DEFICITS) TO THE STATEMENT OF ACTIVITIES Discretely Presented Component Units For the year ended June 30, 2022 Net change in fund balances (deficits)—total governmental funds $ 225,277 Amounts reported for governmental activities in the Statement of Activities are different because: Governmental funds report outlays for capital assets as expenditures. However, in the Statement of Activities, the cost of these assets is allocated over their estimated useful lives and reported as depreciation expense. Depreciation expense (172,648) The issuance of long-term debt provides current financial resources to governmental funds, but increases liabilities in the Statement of Net Position. Repayment of debt is an expenditure in the governmental funds, but reduces long-term liabilities in the Statement of Net Position. Repayment of principal on long-term debt 395,000 Changes in accrual of interest and amortization of premiums and discounts Change in accrued interest payable $ 2,650 Amortization of premiums 13,129 15,779 Change in net position of governmental activities $ 463,408 127 158 [This page was intentionally left blank.] 128 159 SCHEDULE OF INDEBTEDNESS 129 160 City of Muskegon SCHEDULE OF INDEBTEDNESS June 30, 2022 Annual Date Amount Interest Date of Interest of Issue of Issue Rate Maturity 6/30/2021 6/30/2022 Payable Business-Type Activities Bonds and Loans Payable: Drinking Water State Revolving 3/2/2004 $ 13,900,000 2.13% 10/01/21 $ 775,000 $ - $ - Fund 2.13% 10/01/22 790,000 790,000 60,988 2.13% 10/01/23 810,000 810,000 43,988 Type of debt: state loan 2.13% 10/01/24 825,000 825,000 26,616 Revenue pledged: water system net revenues 2.13% 10/01/25 840,000 840,000 8,925 4,040,000 3,265,000 140,517 Drinking Water State Revolving Fund* 8/30/2019 $ 1,600,000 2.00% 10/01/21 65,000 - - 2.00% 10/01/22 70,000 70,000 30,700 Type of debt: state loan 2.00% 10/01/23 70,000 70,000 29,300 Revenue Pledged: water system net revenues 2.00% 10/01/24 70,000 70,000 27,900 Forgiveness: 20% 2.00% 10/01/25 70,000 70,000 26,500 2.00% 10/01/26 75,000 75,000 25,100 2.00% 10/01/27 75,000 75,000 23,600 2.00% 10/01/28 75,000 75,000 22,100 2.00% 10/01/29 75,000 75,000 20,600 2.00% 10/01/30 80,000 80,000 19,100 2.00% 10/01/31 80,000 80,000 17,500 2.00% 10/01/32 80,000 80,000 15,900 2.00% 10/01/33 85,000 85,000 14,300 2.00% 10/01/34 85,000 85,000 12,600 2.00% 10/01/35 85,000 85,000 10,900 2.00% 10/01/36 90,000 90,000 9,200 2.00% 10/01/37 90,000 90,000 7,400 2.00% 10/01/38 90,000 90,000 5,600 2.00% 10/01/39 95,000 95,000 3,800 2.00% 10/01/40 86,874 95,000 1,900 1,591,874 1,535,000 324,000 Sanitary Sewer State Revolving Fund* 8/30/2019 $ 2,875,000 2.00% 10/01/21 120,000 - - 2.00% 10/01/22 120,000 120,000 53,900 Type of debt: state loan 2.00% 10/01/23 125,000 125,000 51,450 Revenue Pledged: sanitary sewer system net revenues 2.00% 10/01/24 125,000 125,000 48,950 Forgiveness: 75% 2.00% 10/01/25 130,000 130,000 46,400 2.00% 10/01/26 130,000 130,000 43,800 2.00% 10/01/27 135,000 135,000 41,150 2.00% 10/01/28 135,000 135,000 38,450 2.00% 10/01/29 140,000 140,000 35,700 2.00% 10/01/30 140,000 140,000 32,900 2.00% 10/01/31 145,000 145,000 30,050 2.00% 10/01/32 145,000 145,000 27,150 2.00% 10/01/33 150,000 150,000 24,200 2.00% 10/01/34 150,000 150,000 21,200 2.00% 10/01/35 155,000 155,000 18,150 2.00% 10/01/36 139,459 160,000 15,000 2.00% 10/01/37 - 160,000 11,800 2.00% 10/01/38 - 165,000 8,550 2.00% 10/01/39 - 170,000 5,200 2.00% 10/01/40 - 175,000 1,750 2,184,459 2,755,000 555,750 Drinking Water State Revolving Fund* 9/30/2020 $ 3,844,750 2.00% 04/01/22 154,750 - - 2.00% 04/01/23 160,000 160,000 65,882 Type of debt: state loan 2.00% 04/01/24 165,000 165,000 62,682 Revenue Pledged: water system net revenues 2.00% 04/01/25 170,000 170,000 59,382 Forgiveness: 9% 2.00% 04/01/26 135,296 170,000 55,982 2.00% 04/01/27 - 175,000 52,582 2.00% 04/01/28 - 180,000 49,082 2.00% 04/01/29 - 180,000 45,482 2.00% 04/01/30 - 185,000 41,882 2.00% 04/01/31 - 190,000 38,182 2.00% 04/01/32 - 195,000 34,382 2.00% 04/01/33 - 195,000 30,482 2.00% 04/01/34 - 200,000 26,582 2.00% 04/01/35 - 205,000 22,582 2.00% 04/01/36 - 210,000 18,482 2.00% 04/01/37 - 215,000 14,282 2.00% 04/01/38 - 220,000 9,982 2.00% 04/01/39 - 220,000 5,582 2.00% 04/01/40 - 59,101 1,182 785,046 3,294,101 634,676 130 161 City of Muskegon SCHEDULE OF INDEBTEDNESS June 30, 2022 Annual Date Amount Interest Date of Interest of Issue of Issue Rate Maturity 6/30/2021 6/30/2022 Payable Business-Type Activities Bonds and Loans Payable—Continued: Sanitary Sewer State Revolving Fund* 9/30/2020 $ 3,772,000 2.00% 04/01/22 $ 152,000 $ - $ - 2.00% 04/01/23 155,000 155,000 72,400 Type of debt: state loan 2.00% 04/01/24 148,074 160,000 69,300 Revenue Pledged: water system net revenues 2.00% 04/01/25 - 165,000 66,100 Forgiveness: 20% 2.00% 04/01/26 - 170,000 62,800 2.00% 04/01/27 - 170,000 59,400 2.00% 04/01/28 - 175,000 56,000 2.00% 04/01/29 - 180,000 52,500 2.00% 04/01/30 - 185,000 48,900 2.00% 04/01/31 - 185,000 45,200 2.00% 04/01/32 - 190,000 41,500 2.00% 04/01/33 - 190,000 37,700 2.00% 04/01/34 - 195,000 33,900 2.00% 04/01/35 - 200,000 30,000 2.00% 04/01/36 - 205,000 26,000 2.00% 04/01/37 - 210,000 21,900 2.00% 04/01/38 - 215,000 17,900 2.00% 04/01/39 - 220,000 13,400 2.00% 04/01/40 - 225,000 9,000 2.00% 04/01/41 - 130,614 4,500 455,074 3,525,614 768,400 TOTAL BUSINESS TYPE ACTIVITIES BONDS AND LOAN PAYABLE: $ 9,056,453 $ 14,374,715 $ 2,423,343 *If certain conditions are met, a portion of the principal amount on these debts may be forgiven. Governmental Activities Bonds and Loan Payable: Capital Improvement Refunding Bonds of 2016 3/8/2016 $ 4,815,000 3.00% 10/01/21 $ 305,000 $ - $ - ($159,903 unamortized premium) 3.00% 10/01/22 300,000 300,000 132,900 3.00% 10/01/23 300,000 300,000 122,400 Type of debt: limited general obligation bonds 4.00% 10/01/24 320,000 320,000 110,000 Revenue pledged: general revenues 4.00% 10/01/25 325,000 325,000 97,100 4.00% 10/01/26 325,000 325,000 84,100 4.00% 10/01/27 325,000 325,000 71,100 4.00% 10/01/28 325,000 325,000 58,100 4.00% 10/01/29 325,000 325,000 45,100 4.00% 10/01/30 325,000 325,000 32,100 4.00% 10/01/31 320,000 320,000 19,200 4.00% 10/01/32 320,000 320,000 6,400 3,815,000 3,510,000 778,500 Capital Improvement Bonds of 2011 9/30/2011 $ 2,000,000 2.98% 09/01/21 230,000 - - (streets) 230,000 - - Type of debt: limited general obligation bonds Revenue pledged: gas tax, general revenues Capital Improvement Bonds of 2019 10/9/2019 $ 19,420,000 1.83% 10/01/21 205,000 - - Convention Center 1.88% 10/01/22 250,000 250,000 607,985 ($128,150 unamortized discount) 1.93% 10/01/23 300,000 300,000 602,740 2.00% 10/01/24 320,000 320,000 596,645 Type of debt: limited general obligation bonds 2.10% 10/01/25 340,000 340,000 589,875 Revenue Pledged: excise tax on hotel rooms levied by the 2.24% 10/01/26 360,000 360,000 582,273 County of Muskegon pursuant to Act 263 2.34% 10/01/27 380,000 380,000 573,795 2.43% 10/01/28 405,000 405,000 564,429 2.60% 10/01/29 430,000 430,000 553,918 2.60% 10/01/30 455,000 455,000 542,412 2.68% 10/01/31 480,000 480,000 530,066 2.78% 10/01/32 510,000 510,000 516,544 2.83% 10/01/33 540,000 540,000 501,815 2.93% 10/01/34 570,000 570,000 485,822 3.30% 10/01/35 605,000 605,000 467,399 3.30% 10/01/36 640,000 640,000 446,670 3.30% 10/01/37 680,000 680,000 424,692 3.30% 10/01/38 720,000 720,000 401,382 3.30% 10/01/39 760,000 760,000 376,740 3.48% 10/01/40 800,000 800,000 350,166 3.48% 10/01/41 845,000 845,000 321,543 3.48% 10/01/42 895,000 895,000 291,267 3.48% 10/01/43 940,000 940,000 259,338 3.48% 10/01/44 995,000 995,000 225,669 3.58% 10/01/45 1,045,000 1,045,000 189,651 3.58% 10/01/46 1,105,000 1,105,000 151,165 3.58% 10/01/47 1,160,000 1,160,000 110,622 3.58% 10/01/48 1,225,000 1,225,000 67,931 3.58% 10/01/49 1,285,000 1,285,000 23,001 19,245,000 19,040,000 11,355,555 131 162 City of Muskegon SCHEDULE OF INDEBTEDNESS June 30, 2022 Annual Date Amount Interest Date of Interest of Issue of Issue Rate Maturity 6/30/2021 6/30/2022 Payable Governmental Activities Bonds and Loan Payable—Continued: Capital Improvement Bonds of 2020 11/12/2020 $ 4,325,000 4.00% 10/01/21 $ 320,000 $ - $ - Series 2020A 4.00% 10/01/22 335,000 335,000 170,800 ($673,024 unamortized premium) 4.00% 10/01/23 360,000 360,000 156,900 4.00% 10/01/24 370,000 370,000 142,300 Type of debt: limited general obligation bonds 4.00% 10/01/25 385,000 385,000 127,200 Revenue pledged: general revenues 5.00% 10/01/26 405,000 405,000 109,375 5.00% 10/01/27 420,000 420,000 88,750 5.00% 10/01/28 445,000 445,000 67,125 5.00% 10/01/29 470,000 470,000 44,250 5.00% 10/01/30 485,000 485,000 20,375 2.50% 10/01/31 30,000 30,000 7,875 2.50% 10/01/32 30,000 30,000 7,125 2.50% 10/01/33 30,000 30,000 6,375 2.50% 10/01/34 30,000 30,000 5,625 2.50% 10/01/35 35,000 35,000 4,813 2.50% 10/01/36 35,000 35,000 3,937 2.50% 10/01/37 35,000 35,000 3,063 2.50% 10/01/38 35,000 35,000 2,187 2.50% 10/01/39 35,000 35,000 1,313 2.50% 10/01/40 35,000 35,000 437 4,325,000 4,005,000 969,825 Capital Improvement Bonds of 2020 11/12/2020 $ 2,055,000 0.68% 10/01/21 85,000 - - Series 2020B 0.68% 10/01/22 85,000 85,000 45,546 0.68% 10/01/23 90,000 90,000 44,951 Type of debt: limited general obligation bonds 1.35% 10/01/24 90,000 90,000 44,038 Revenue pledged: general revenues 1.35% 10/01/25 90,000 90,000 42,823 1.35% 10/01/26 90,000 90,000 41,608 2.00% 10/01/27 95,000 95,000 40,050 2.00% 10/01/28 95,000 95,000 38,150 2.00% 10/01/29 95,000 95,000 36,250 2.00% 10/01/30 100,000 100,000 34,300 2.60% 10/01/31 100,000 100,000 32,000 2.60% 10/01/32 105,000 105,000 29,335 2.60% 10/01/33 105,000 105,000 26,605 2.60% 10/01/34 110,000 110,000 23,810 3.20% 10/01/35 110,000 110,000 20,950 3.20% 10/01/36 115,000 115,000 17,680 3.20% 10/01/37 120,000 120,000 13,920 3.20% 10/01/38 120,000 120,000 10,080 3.20% 10/01/39 125,000 125,000 6,160 3.20% 10/01/40 130,000 130,000 2,080 2,055,000 1,970,000 550,335 Installment Purchase Agreement of 2021 9/15/2021 $ 1,370,873 1.78% 09/25/22 - 268,269 18,471 (fire tower ladder truck) 1.78% 09/25/23 - 273,023 13,717 1.78% 09/25/24 - 277,860 8,880 Type of debt: installment purchase agreements 1.78% 09/25/25 - 282,784 3,956 Revenue pledged: general revenues 1.78% 09/25/26 - 71,475 210 - 1,173,411 45,234 TOTAL GOVERNMENTAL ACTIVITIES BONDS AND LOANS PAYABLE $ 29,670,000 $ 29,698,411 $ 13,699,449 TOTAL PRIMARY GOVERNMENT BONDS AND LOANS PAYABLE $ 38,726,453 $ 44,073,126 $ 16,122,792 Discretely Presented Component Unit Bonds and Loans Payable: Local Development Finance Authority 3/20/2012 $ 4,100,000 4.00% 11/01/21 $ 245,000 $ - $ - Smartzone Refunding Bonds 3.00% 11/01/22 255,000 255,000 28,575 ($16,547 unamortized premium) 3.00% 11/01/23 265,000 265,000 20,775 3.00% 11/01/24 275,000 275,000 12,675 Type of debt: limited general obligation bonds 3.00% 11/01/25 285,000 285,000 4,275 Revenue pledged: LDFA tax increments, general revenues 1,325,000 1,080,000 66,300 TOTAL DISCRETELY PRESENTED COMPONENT UNIT BONDS AND LOANS PAYABLE $ 1,325,000 $ 1,080,000 $ 66,300 TOTAL REPORTING ENTITY BONDS AND LOANS PAYABLE $ 40,051,453 $ 45,153,126 $ 16,189,092 132 163 Statistical Section This part of the City of Muskegon’s Comprehensive Annual Financial Report presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information says about the City’s overall financial health. Contents Page Financial Trends These schedules contain trend information to help the reader understand how the City’s financial performance and well-being have changed over time. 134 Revenue Capacity These schedules contain information to help the reader assess the factors affecting the City’s ability to generate its property and sales taxes. 139 Debt Capacity These schedules present information to help the reader assess the affordability of the City’s current levels of outstanding debt and the City’s ability to issue additional debt in the future. 146 Demographic and Economic Information These schedules offer demographic and economic indicators to help the reader understand the environment within which the City’s financial activities take place and to help make comparisons over time and with other governments. 150 Operating Information These schedules contain information about the City’s operations and resources to help the reader understand how the City’s financial information relates to the services the City provides and the activities it performs. 152 Sources: Unless otherwise noted, the information in these schedules is derived from the Comprehensive Annual Financial Reports for the relevant year. 133 164 City of Muskegon NET POSITION BY COMPONENT Last Ten Fiscal Years 2013 2014 2015 (a) 2016 2017 2018 (b) 2019 2020 2021 2022 Governmental Activities Net Investment in Capital Assets $ 63,842,092 $ 63,731,255 $ 63,514,691 $ 64,326,891 $ 62,520,466 $ 61,267,518 $ 66,734,006 $ 70,274,679 $ 72,200,515 $ 75,201,511 Restricted 4,572,848 4,023,895 4,807,531 4,140,342 3,777,410 6,138,596 5,519,207 4,459,799 5,003,269 5,845,255 Unrestricted 13,299,523 12,811,852 491,914 (4,142,119) (5,566,349) (8,350,634) (14,355,143) (28,084,776) (29,065,065) (22,938,317) Total Governmental Net Position $ 81,714,463 $ 80,567,002 $ 68,814,136 $ 64,325,114 $ 60,731,527 $ 59,055,480 $ 57,898,070 $ 46,649,702 $ 48,138,719 $ 58,108,449 Business-type Activities Net Investment in Capital Assets $ 40,032,858 $ 39,365,043 $ 39,231,223 $ 39,013,529 $ 38,114,686 $ 38,549,547 $ 41,741,666 $ 44,543,391 $ 54,257,461 $ 54,668,925 Restricted 599,500 599,500 599,500 599,500 599,500 599,500 599,500 599,500 822,000 822,000 Unrestricted 8,491,848 8,377,093 6,423,540 5,762,272 6,382,906 6,041,091 2,424,616 (2,353,801) (873,805) 424,949 Total Business-type Activities Net Position $ 49,124,206 $ 48,341,636 $ 46,254,263 $ 45,375,301 $ 45,097,092 $ 45,190,138 $ 44,765,782 $ 42,789,090 $ 54,205,656 $ 55,915,874 Primary Government Net Investment in Capital Assets $ 103,874,950 $ 103,096,298 $ 102,745,914 $ 103,340,420 $ 100,635,152 $ 99,817,065 $ 108,475,672 $ 114,818,070 $ 126,457,976 $ 129,870,436 Restricted 5,172,348 4,623,395 5,407,031 4,739,842 4,376,910 6,738,096 6,118,707 5,059,299 5,825,269 6,667,255 Unrestricted 21,791,371 21,188,945 6,915,454 1,620,153 816,557 (2,309,543) (11,930,527) (30,438,577) (29,938,870) (22,513,368) Total Primary Government Net Position $ 130,838,669 $ 128,908,638 $ 115,068,399 $ 109,700,415 $ 105,828,619 $ 104,245,618 $ 102,663,852 $ 89,438,792 $ 102,344,375 $ 114,024,323 134 (a) In 2015, the City implemented GASB 68 and 71 which changed how governments measure and report pension liabilities. (b) In 2018, the City implemented GASB 75 which changed how governments measure and report other postemployment benefit liabilities. SOURCE: The information in these schedules (unless otherwise noted) is derived from the comprehensive annual financial reports for the relevant year. 165 City of Muskegon CHANGES IN NET POSITION Last Ten Fiscal Years 2013 2014 2015 (a) 2016 2017 2018 (b) 2019 2020 2021 2022 EXPENSES Governmental Activities Public representation $ 893,981 $ 1,030,006 $ 939,907 $ 1,107,551 $ 1,113,897 $ 1,347,618 $ 1,336,014 $ 1,501,079 $ 1,603,410 $ 1,715,050 Administrative services 565,307 543,425 614,757 663,077 679,139 507,275 800,887 962,981 826,344 913,923 Financial services 2,241,061 2,171,958 2,547,766 2,331,236 2,483,519 1,995,426 2,700,775 3,007,018 5,039,787 5,473,498 Public safety 12,987,842 12,946,466 14,243,233 17,118,742 16,910,473 12,404,126 20,433,642 25,982,246 18,249,379 13,387,378 Public works 3,201,806 3,361,422 3,183,627 3,109,454 3,551,230 3,471,618 4,438,358 4,581,526 4,025,982 4,687,660 Highways, streets and bridges 6,672,374 7,053,326 7,165,703 7,251,882 6,996,540 6,917,260 7,185,642 7,593,019 6,862,862 7,308,858 Community and economic development 2,499,404 2,417,518 2,712,131 5,223,431 3,738,566 5,015,160 2,890,216 5,359,282 4,999,907 9,857,082 Culture and recreation 1,592,358 1,671,185 1,806,790 3,551,692 3,918,814 3,994,582 4,541,739 5,269,578 4,507,120 6,588,542 General administration 322,348 366,634 389,248 326,452 301,287 376,112 302,582 389,863 404,303 511,323 Interest on long-term debt 291,535 277,345 271,607 248,223 172,591 165,023 151,304 732,065 1,112,166 881,204 Total Governmental Activities Expenses 31,268,016 31,839,285 33,874,769 40,931,740 39,866,056 36,194,200 44,781,159 55,378,657 47,631,260 51,324,518 Business-type Activities Water 6,228,788 6,016,192 6,047,244 6,750,826 7,206,564 7,090,770 7,752,703 8,437,862 8,612,574 9,261,276 Sewer 7,226,839 7,582,602 8,460,509 8,669,469 8,876,690 8,093,752 9,119,941 9,902,515 8,084,729 8,153,673 Marina and launch ramp 426,553 503,997 305,990 327,832 336,912 377,614 430,431 529,007 515,025 461,504 Total Business-type Activities Expenses 13,882,180 14,102,791 14,813,743 15,748,127 16,420,166 15,562,136 17,303,075 18,869,384 17,212,328 17,876,453 Total Primary Government Expenses $ 45,150,196 $ 45,942,076 $ 48,688,512 $ 56,679,867 $ 56,286,222 $ 51,756,336 $ 62,084,234 $ 74,248,041 $ 64,843,588 $ 69,200,971 PROGRAM REVENUES Governmental Activities Charges for Services Public representation $ 173,739 $ 189,444 $ 188,638 $ 226,559 $ 228,767 $ 232,736 $ 250,931 $ 253,511 $ 280,395 $ 324,314 135 Administrative services 268,535 325,937 415,308 474,737 572,739 539,178 604,290 538,791 504,281 715,421 Financial services 830,919 871,632 823,547 925,474 895,924 903,322 921,748 913,968 988,501 1,085,220 Public safety 1,133,666 1,407,722 1,218,644 1,248,911 1,824,114 2,794,347 2,292,158 2,290,640 2,207,996 2,680,675 Public works 671,494 796,739 571,426 379,877 646,876 743,110 691,312 835,149 828,098 854,793 Highways, streets and bridges 245,609 351,962 258,475 234,861 256,190 188,248 191,883 193,267 187,478 522,779 Community and economic development 432,240 477,486 576,863 444,632 706,195 348,933 786,120 769,860 912,247 498,766 Culture and recreation 606,818 535,211 368,168 1,229,067 1,463,839 1,651,304 1,853,547 2,124,968 1,976,029 4,389,524 General administration 287,729 50,728 48,764 52,512 37,892 38,549 40,400 59,537 65,592 76,182 Operating grants and contributions 4,681,345 4,664,098 5,071,239 5,330,825 5,208,818 6,478,526 6,892,530 7,398,202 9,839,245 11,024,058 Capital grants and contributions 886,108 1,408,424 3,496,623 3,804,656 862,074 2,305,620 4,015,097 4,064,216 2,901,176 2,815,119 Total Governmental Program Revenues 10,218,202 11,079,383 13,037,695 14,352,111 12,703,428 16,223,873 18,540,016 19,442,109 20,691,038 24,986,851 Business-type Activities Water 5,890,614 6,099,480 6,375,869 7,485,013 7,430,314 7,445,669 7,946,983 8,316,552 8,752,570 8,903,549 Sewer 7,058,315 6,633,911 6,363,808 6,305,554 7,620,208 8,217,497 8,098,828 8,397,838 9,298,156 10,298,642 Marina and launch ramp 234,229 228,339 255,638 287,547 278,753 325,917 298,312 74,659 178,706 292,416 Operating grants and contributions 6,188 - - - 2,436 42,531 510,533 94,462 - 103,208 Capital grants and contributions 88,046 327,240 474,681 765,363 784,969 - - - 10,354,544 - Total Business-type program revenues 13,277,392 13,288,970 13,469,996 14,843,477 16,116,680 16,031,614 16,854,656 16,883,511 28,583,976 19,597,815 Total Primary Government program revenues $ 23,495,594 $ 24,368,353 $ 26,507,691 $ 29,195,588 $ 28,820,108 $ 32,255,487 $ 35,394,672 $ 36,325,620 $ 49,275,014 $ 44,584,666 NET (EXPENSE) REVENUE Governmental Activities $ (21,049,814) $ (20,759,902) $ (20,837,074) $ (26,579,629) $ (27,162,628) $ (19,970,327) $ (26,241,143) $ (35,936,548) $ (26,940,222) $ (26,337,667) Business-type Activities (604,788) (813,821) (1,343,747) (904,650) (303,486) 469,478 (448,419) (1,985,873) 11,371,648 1,721,362 Total Primary Government net expense $ (21,654,602) $ (21,573,723) $ (22,180,821) $ (27,484,279) $ (27,466,114) $ (19,500,849) $ (26,689,562) $ (37,922,421) $ (15,568,574) $ (24,616,305) 166 City of Muskegon CHANGES IN NET POSITION Last Ten Fiscal Years 2013 2014 2015 (a) 2016 2017 2018 (b) 2019 2020 2021 2022 GENERAL REVENUES AND OTHER CHANGES IN NET POSITION Governmental Activities Property taxes $ 7,592,847 $ 7,383,236 $ 7,894,189 $ 8,366,212 $ 8,389,243 $ 8,450,103 $ 8,230,573 $ 8,466,886 $ 8,813,155 $ 9,182,184 Income taxes 8,057,145 7,762,719 8,478,231 8,386,775 8,707,279 8,995,294 8,939,887 9,437,451 9,609,218 10,020,370 Franchise fees 358,785 358,754 369,965 372,117 378,955 368,495 380,343 361,405 374,219 369,420 Grants and contributions not restricted for specific programs 3,700,871 3,813,221 3,989,178 4,051,050 4,630,111 4,955,168 5,102,602 5,276,036 6,427,138 15,303,423 Unrestricted investment earnings 73,157 146,590 99,733 189,408 106,653 92,771 546,533 568,408 229,177 (644,067) Miscellaneous 102,388 124,085 805,432 626,014 512,738 545,536 550,381 577,677 370,268 918,179 Gain on sale of capital asset 44,899 23,836 20,302 99,031 844,062 712,415 1,333,414 317 2,641,064 1,122,888 Transfers - - - - - - - - (35,000) 35,000 Total Governmental Program Revenues 19,930,092 19,612,441 21,657,030 22,090,607 23,569,041 24,119,782 25,083,733 24,688,180 28,429,239 36,307,397 Business-type Activities Unrestricted investment earnings 33,148 31,251 29,879 25,688 25,277 28,550 24,063 9,181 9,918 23,856 Transfers - - - - - - - - 35,000 (35,000) Total Business-type program revenues 33,148 31,251 29,879 25,688 25,277 28,550 24,063 9,181 44,918 (11,144) Total Primary Government program revenues $ 19,963,240 $ 19,643,692 $ 21,686,909 $ 22,116,295 $ 23,594,318 $ 24,148,332 $ 25,107,796 $ 24,697,361 $ 28,474,157 $ 36,296,253 CHANGE IN NET POSITION Governmental Activities $ (1,119,722) $ (1,147,461) $ 819,956 $ (4,489,022) $ (3,593,587) $ 4,149,455 $ (1,157,410) $ (11,248,368) $ 1,489,017 $ 9,969,730 Business-type Activities (571,640) (782,570) (1,313,868) (878,962) (278,209) 498,028 (424,356) (1,976,692) 11,416,566 1,710,218 Total Primary Government $ (1,691,362) $ (1,930,031) $ (493,912) $ (5,367,984) $ (3,871,796) $ 4,647,483 $ (1,581,766) $ (13,225,060) $ 12,905,583 $ 11,679,948 (a) In 2015, the City implemented GASB 68 and 71 which changed how governments measure and report pension liabilities. 136 (b) In 2018, the City implemented GASB 75 which changed how governments measure and report other postemployment benefit liabilities. SOURCE: The information in these schedules (unless otherwise noted) is derived from the comprehensive annual financial reports for the relevant year. 167 City of Muskegon FUND BALANCE OF GOVERNMENTAL FUNDS Last Ten Fiscal Years 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 General fund Nonspendable $ 447,341 $ 300,952 $ 220,178 $ 232,332 $ 209,353 $ 222,458 $ 241,684 $ 280,986 $ 269,920 $ 881,961 Restricted - - - - - - - - 66,965 8,701 Committed - - - - - - - - 39,000 189,037 Assigned 2,292,495 1,700,000 1,700,000 1,700,000 1,700,000 1,700,000 1,700,000 1,700,000 1,700,000 1,800,000 Unassigned 4,613,722 5,495,145 5,883,318 6,098,977 6,148,292 6,469,108 6,563,511 5,920,869 9,121,955 7,981,674 Total general fund $ 7,353,558 $ 7,496,097 $ 7,803,496 $ 8,031,309 $ 8,057,645 $ 8,391,566 $ 8,505,195 $ 7,901,855 $ 11,197,840 $ 10,861,373 All other governmental funds Nonspendable $ 1,547,793 $ 1,556,347 $ 2,073,747 $ 1,597,371 $ 1,716,825 $ 1,589,699 $ 1,624,737 $ 1,663,979 $ 1,709,000 $ 1,737,125 Restricted 2,749,396 2,305,385 3,159,130 2,995,610 2,726,754 5,130,188 4,621,126 3,842,461 4,397,502 5,170,662 Assigned 2,087,359 1,729,457 2,146,050 1,373,669 3,510,747 2,619,342 1,823,959 9,764,600 1,907,590 2,195,895 Unassigned (82,048) (100,054) - - - - - (1,601,331) (2,919,404) - Total all other governmental funds $ 6,302,500 $ 5,491,135 $ 7,378,927 $ 5,966,650 $ 7,954,326 $ 9,339,229 $ 8,069,822 $ 13,669,709 $ 5,094,688 $ 9,103,682 SOURCE: The information in these schedules 137 (unless otherwise noted) is derived from the comprehensive annual financial reports for the relevant year. 168 City of Muskegon CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS Last Ten Fiscal Years 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Revenues Taxes $ 14,832,027 $ 14,954,904 $ 15,830,137 $ 16,178,761 $ 16,667,272 $ 16,877,055 $ 16,582,030 $ 17,253,857 $ 17,700,658 $ 18,795,646 Intergovernmental 9,403,554 9,945,065 12,301,594 11,711,788 10,743,434 13,488,014 15,776,333 16,777,402 18,131,093 28,487,691 Charges for services 2,769,227 2,569,335 2,468,889 3,468,938 3,918,217 4,229,797 4,430,419 4,563,652 4,898,325 7,744,999 Other 2,795,952 3,256,324 4,003,105 3,868,958 4,005,126 5,251,208 5,312,773 5,745,006 5,745,273 5,399,182 Total revenues 29,800,760 30,725,628 34,603,725 35,228,445 35,334,049 39,846,074 42,101,555 44,339,917 46,475,349 60,427,518 Expenditures Public representation 892,113 1,031,984 930,788 1,064,503 1,080,032 1,383,573 1,281,107 1,379,406 1,556,327 1,758,928 Administrative services 508,130 497,025 554,330 577,454 624,284 537,913 739,301 844,270 783,403 945,841 Financial services 2,196,917 2,197,651 2,476,740 2,068,208 2,236,941 2,191,245 2,394,866 2,358,848 4,810,339 5,668,254 Public safety 12,724,094 12,987,898 13,285,004 13,476,557 14,086,619 15,156,977 16,131,196 16,820,356 14,641,568 15,781,113 Public works 2,878,328 2,918,305 2,876,576 2,864,878 3,206,050 3,377,174 4,176,904 4,187,956 3,604,722 4,472,813 Highways, streets and bridges 2,815,337 3,011,611 2,986,909 3,102,391 3,096,875 4,554,968 2,963,498 2,965,598 2,666,529 3,330,669 Community and economic development 2,578,073 2,687,933 2,957,071 5,415,436 3,878,547 3,962,759 2,930,725 4,986,000 5,281,825 10,306,669 Culture and recreation 1,248,174 1,308,481 1,444,471 3,100,338 3,523,178 3,713,177 4,050,986 4,662,534 3,836,817 6,085,847 Other governmental functions 299,812 643,666 369,408 305,807 280,416 355,241 281,711 371,461 380,232 485,024 Debt service 138 Principal 395,211 402,492 417,842 428,199 283,563 288,934 294,313 818,285 2,813,804 1,342,462 Interest 292,554 278,412 272,946 257,516 211,242 197,723 189,905 543,740 943,216 1,011,004 Issuance costs - - - 97,578 - - - 70,525 140,750 1,000 Capital outlay 3,230,586 3,577,837 3,992,111 3,867,579 2,328,615 3,134,369 9,363,862 21,498,055 19,695,829 7,775,915 Total expenditure 30,059,329 31,543,295 32,564,196 36,626,444 34,836,362 38,854,053 44,798,374 61,507,034 61,155,361 58,965,539 Excess of revenues over (under) expenditures (258,569) (817,667) 2,039,529 (1,397,999) 497,687 992,021 (2,696,819) (17,167,117) (14,680,012) 1,461,979 Other financing sources (uses) Transfers in 1,356,229 743,035 853,910 1,563,094 1,805,000 1,370,000 1,210,236 2,017,077 895,000 9,832,799 Transfers out (784,275) (771,081) (942,933) (1,638,094) (1,818,000) (1,385,000) (1,210,236) (2,037,077) (1,555,000) (10,197,799) Long-term debt issued - - - 97,578 - - - 21,691,740 7,152,424 1,370,873 Proceeds from sale of capital assets 190,263 176,887 244,685 190,957 1,529,325 741,803 1,541,041 491,924 2,908,552 1,204,675 Total other financing sources (uses) 762,217 148,841 155,662 213,535 1,516,325 726,803 1,541,041 22,163,664 9,400,976 2,210,548 Net change in fund balances $ 503,648 $ (668,826) $ 2,195,191 $ (1,184,464) $ 2,014,012 $ 1,718,824 $ (1,155,778) $ 4,996,547 $ (5,279,036) $ 3,672,527 Debt service as a percentage of noncapital expenditures 2.56% 2.43% 2.42% 2.09% 1.52% 1.36% 1.37% 3.40% 9.06% 4.60% SOURCE: The information in these schedules (unless otherwise noted) is derived from the comprehensive annual financial reports for the relevant year. 169 City of Muskegon GOVERNMENTAL ACTIVITIES REVENUES BY SOURCE Last Ten Fiscal Years Fiscal Property % of Income % of Intergo- % of Charges for % of Licenses % of Fines % of Interest % of % of % Year Tax Total Tax Total vernmental Total Service Total and Permits Total and Fees Total and Rent Total Other Total Total Change 2013 $ 7,325,555 24.6% $ 7,506,472 25.2% $ 9,403,554 31.6% $ 2,769,227 9.3% $ 1,238,285 4.2% $ 435,893 1.5% $ 267,397 0.9% $ 854,377 2.9% $ 29,800,760 -4.6% 2014 7,123,481 23.2% 7,831,423 25.5% 9,945,065 32.4% 2,569,335 8.4% 1,570,137 5.1% 418,691 1.4% 352,153 1.1% 915,343 3.0% 30,725,628 3.1% 2015 7,555,471 21.8% 8,274,666 23.9% 12,301,594 35.5% 2,468,889 7.1% 1,361,721 3.9% 452,004 1.3% 343,105 1.0% 1,846,275 5.3% 34,603,725 12.6% 2016 8,026,859 22.8% 8,151,902 23.1% 11,711,788 33.2% 3,468,938 9.8% 1,443,144 4.1% 459,181 1.3% 455,671 1.3% 1,510,962 4.3% 35,228,445 1.8% 2017 8,056,460 22.8% 8,610,812 24.4% 10,743,434 30.4% 3,918,217 11.1% 1,884,341 5.3% 494,369 1.4% 290,578 0.8% 1,335,838 3.8% 35,334,049 0.3% 2018 8,118,381 20.4% 8,758,674 22.0% 13,488,014 33.9% 4,229,797 10.6% 2,965,599 7.4% 457,172 1.1% 212,069 0.5% 1,616,368 4.1% 39,846,074 12.8% 2019 7,890,357 18.7% 8,691,673 20.6% 15,776,333 37.5% 4,430,419 10.5% 2,452,807 5.8% 488,578 1.2% 757,911 1.8% 1,613,477 3.8% 42,101,555 5.7% 2020 8,116,143 18.3% 9,137,714 20.6% 16,777,402 37.8% 4,563,652 10.3% 2,420,604 5.5% 412,575 0.9% 742,567 1.7% 2,169,260 4.9% 44,339,917 5.3% 2021 8,443,832 18.2% 9,256,826 19.9% 18,131,093 39.0% 4,898,325 10.5% 2,246,375 4.8% 594,813 1.3% 477,559 1.0% 2,426,526 5.2% 46,475,349 4.8% 2022 8,793,023 14.6% 10,002,623 16.6% 28,487,691 47.1% 7,744,999 12.8% 2,306,048 3.8% 582,633 1.0% 35,018 0.1% 2,475,483 4.1% 60,427,518 30.0% SOURCE: The information in these schedules (unless otherwise noted) is derived from the comprehensive annual financial reports for the relevant year. 139 170 City of Muskegon Taxable, Assessed and Equalized and Estimated Actual Valuation of Property Last Ten Fiscal Years Taxable Valuation of Property Ad Valorem Assessment Roll Industrial and Commercial Facilities Assessment Roll Total Industrial Industrial Commercial Total Taxable Value Real Personal Total Real Personal Real Total Taxable Total As a Percent Year Residential Agriculture Commercial Industrial Property Property Ad Valorem Property Property Property IFT and CFT Valuation City Actual 2012 $ 312,930,252 $ - $ 134,635,427 $ 81,575,476 $ 529,141,155 $ 91,750,891 $ 620,892,046 $ 3,587,223 $ 6,161,900 $ - $ 9,749,123 $ 630,641,169 12.0789 96.40% 2013 310,252,865 - 118,856,014 76,331,458 505,440,337 91,730,093 597,170,430 6,677,737 7,472,900 - 14,150,637 611,321,067 12.0865 96.97% 2014 312,031,296 - 115,070,943 61,196,955 488,299,194 91,020,452 579,319,646 3,874,303 6,512,600 - 10,386,903 589,706,549 13.0875 96.26% 2015 314,055,244 - 116,448,947 54,898,389 485,402,580 95,098,912 580,501,492 3,149,352 7,772,000 - 10,921,352 591,422,844 13.0869 95.28% 2016 314,299,363 - 114,855,236 50,232,295 479,386,894 74,155,243 553,542,137 3,628,098 5,690,600 - 9,318,698 562,860,835 13.0905 93.60% 2017 319,768,625 - 113,497,599 50,381,292 483,647,516 67,760,237 551,407,753 3,692,357 4,627,400 - 8,319,757 559,727,510 13.0908 91.38% 2018 331,347,976 - 113,370,852 48,272,032 492,990,860 65,728,440 558,719,300 3,990,263 3,739,800 - 7,730,063 566,449,363 13.0899 89.69% 2019 346,233,797 - 120,836,165 48,156,907 515,226,869 61,993,800 577,220,669 6,561,033 3,146,800 - 9,707,833 586,928,502 13.0865 87.80% 2020 362,796,641 - 125,649,743 48,231,815 536,678,199 67,398,400 604,076,599 14,874,922 2,612,700 - 17,487,622 621,564,221 13.0865 83.40% 2021 411,808,285 143,992,198 53,700,376 609,500,859 73,874,500 683,375,359 15,756,956 1,312,300 17,069,256 700,444,615 12.9722 93.98% Assessed and Equalized Valuation of Property Ad Valorem Assessment Roll Industrial and Commercial Facilities Assessment Roll Total Industrial Industrial Commercial Total Estimated Real Personal Total Real Personal Real Total Assessed Actual Year Residential Agriculture Commercial Industrial Property Property Ad Valorem Property Property Property IFT and CFT Valuation Value 140 2012 $ 327,226,000 $ - $ 141,238,834 $ 84,084,000 $ 552,548,834 $ 91,740,800 $ 644,289,634 $ 3,719,300 $ 6,161,900 $ - $ 9,881,200 $ 654,170,834 $ 1,308,341,668 2013 321,604,220 - 123,831,400 79,037,400 524,473,020 91,720,300 616,193,320 6,766,000 7,472,900 - 14,238,900 630,432,220 1,260,864,440 2014 326,690,900 - 120,803,800 63,704,200 511,198,900 91,004,400 602,203,300 3,877,300 6,512,600 - 10,389,900 612,593,200 1,225,186,400 2015 335,445,400 - 122,235,800 57,024,100 514,705,300 95,084,900 609,790,200 3,149,800 7,772,000 - 10,921,800 620,712,000 1,241,424,000 2016 342,767,600 - 122,574,300 52,323,600 517,665,500 74,140,100 591,805,600 3,851,200 5,690,600 - 9,541,800 601,347,400 1,202,694,800 2017 363,318,800 - 120,587,210 52,278,900 536,184,910 67,745,200 603,930,110 3,957,900 4,639,600 - 8,597,500 612,527,610 1,225,055,220 2018 382,994,200 - 124,938,600 50,130,470 558,063,270 65,713,100 623,776,370 4,017,100 3,739,800 - 7,756,900 631,533,270 1,263,066,540 2019 409,745,000 - 135,884,102 51,070,400 596,699,502 61,981,500 658,681,002 6,649,100 3,146,800 - 9,795,900 668,476,902 1,336,953,804 2020 461,026,400 - 146,950,200 52,388,900 660,365,500 67,388,800 727,754,300 14,929,600 2,612,700 - 17,542,300 745,296,600 1,490,593,200 2021 580,236,600 186,202,700 58,746,100 825,185,400 73,866,200 899,051,600 16,273,300 1,312,300 17,585,600 916,637,200 1,833,274,400 Property is assessed at 50% of true cash value. The assessed and equalized valuation of taxable property is determined as of December 31st of each year and is the basis upon which taxes are levied during the succeeding fiscal year. The passage of Proposal A in May, 1994 altered how tax values are determined. Beginning in the 1995-1996 fiscal year, property taxes are based on taxable value instead of state equalized value. Proposal A also capped taxable value of each parcel of property, adjusted for additions and losses, at the previous year's rate of inflation or 5% whichever is less, until the property is sold or transferred. When ownership of a parcel of property is transferred, the taxable value becomes 50% of true cash value, or the state equalized valuation. The Industrial and Commercial Facilities Tax Acts permit certain property to be taxed at one-half the tax rate for a period up to twelve years. 171 City of Muskegon Principal Property Taxpayers Current Year and Ten Years Ago 6/30/2022 6/30/2013 Percent of Percent of Taxable Total Taxable Taxable Total Taxable Taxpayer Valuation Rank Valuation Valuation Rank Valuation Consumers Energy $ 19,074,117 1 2.86% $ 46,472,581 1 7.4% DTE Gas Company 15,309,976 2 2.30% 6,918,200 2 1.1% James Street Capital Holdings 10,214,100 3 1.53% Muskegon SC Holdings LLC 6,147,883 4 0.92% 4,240,100 6 0.7% Michigan Electric Transmission 5,871,800 5 0.88% 0.0% Glen Oaks Apartments LLC 3,607,163 6 0.54% 3,914,200 7 0.6% Mercy Health Partners 3,246,556 7 0.49% 141 Core Sherman LLC 3,160,129 8 0.47% Verplank Port Facility LLC 3,035,700 9 0.46% Hinman Lake LLC 2,902,866 10 0.44% Adac Plastics 6,079,926 5 1.0% Esco Company 6,798,181 3 1.1% GE Aviation 6,123,500 4 1.0% Coles Quality Foods 3,491,200 9 0.6% Lorin Industries 3,854,731 8 0.6% P&G Holdings NY LLC 3,462,180 10 0.5% Total - 10 Largest 72,570,290 10.90% 91,354,799 14.5% Total - All Other 593,289,262 89.10% 539,286,370 85.5% $ 665,859,552 100.0% $ 630,641,169 100.0% Source: Muskegon County Equalization Department; City of Muskegon Treasurer's Office 172 City of Muskegon Property Tax Rates - Direct and Overlapping Government Units Property Tax Rates Per $1,000 Taxable Valuation Last Ten Fiscal Years City-Wide Rates Total Library Library Year Operating Promotion Sanitation City District Debt 2012 9.5000 0.0789 2.5000 12.0789 2.4000 - 2013 9.5000 0.0865 2.5000 12.0865 2.4000 - 2014 10.0000 0.0875 3.0000 13.0875 2.4000 - 2015 10.0000 0.0869 3.0000 13.0869 2.4000 0.5611 2016 10.0000 0.0905 3.0000 13.0905 2.4000 0.4962 2017 10.0000 0.0908 3.0000 13.0908 2.4000 0.4999 2018 10.0000 0.0899 3.0000 13.0899 2.4000 0.4866 2019 10.0000 0.0865 3.0000 13.0865 2.4000 0.4522 2020 9.9930 0.0824 2.9979 13.0733 2.3997 0.4532 2021 9.9180 0.0788 2.9754 12.9722 2.3821 0.4351 Overlapping - County-Wide Rates Muskegon Intermediate Special Vocational Community MAISD Community Year County School Education Education College Gen Ed College Debt 2012 6.6957 0.4597 2.2987 0.9996 2.2037 - - 2013 6.6957 0.4597 2.2987 0.9996 2.2037 - - 2014 6.6557 0.4597 2.2987 0.9996 2.2037 1.0000 0.3400 2015 6.6357 0.4597 2.2987 0.9996 2.2037 1.0000 0.3400 2016 6.8957 0.4597 2.2987 0.9996 2.2037 1.0000 0.3400 2017 6.8957 0.4597 2.2987 0.9996 2.2037 1.0000 0.3400 2018 6.8957 0.4597 2.2987 0.9996 2.2037 1.0000 0.3400 2019 6.8957 0.4597 2.2987 0.9996 2.2037 1.0000 0.3400 2020 6.8947 0.4593 2.2968 0.9988 2.2034 0.9992 0.3400 2021 6.8490 0.4562 2.2815 0.9922 2.1888 0.9926 0.3400 Overlapping - School District Grand Total State Non- Year Operating Debt Total Education Homestead Homestead 2012 18.0000 7.1000 25.1000 6.0000 40.2363 58.2363 2013 18.0000 7.1000 25.1000 6.0000 40.2439 58.2439 2014 18.0000 7.6000 25.6000 6.0000 43.0449 61.0449 2015 18.0000 6.8000 24.8000 6.0000 42.7854 60.7854 2016 18.0000 6.3500 24.3500 6.0000 42.5341 60.5341 2017 18.0000 7.6800 25.6800 6.0000 43.8681 61.8681 2018 18.0000 8.3600 26.3600 6.0000 44.5339 62.5339 2019 18.0000 8.3600 26.3600 6.0000 44.4961 62.4961 2020 17.9838 8.3581 26.3419 6.0000 44.4765 62.4603 2021 17.7518 9.3467 27.0985 6.0000 45.2364 62.9882 SOURCE: City of Muskegon Treasurer' Office 142 173 City of Muskegon PROPERTY TAX LEVIES AND COLLECTIONS Last Ten Fiscal Years Charge backs Total Current Percent Delinquent Total Tax On Uncollected Outstanding Outstanding Percent of Fiscal Tax Tax Of Levy Tax Total Tax Collections Delinquent Delinquent Delinquent Delinquent Year Levy Collections Collected Collections Collections as % of Levy Taxes Personal Specific Taxes to Levy 2012 $ 7,872,541 $ 6,882,534 87.4% $ 915,950 $ 7,798,484 99.1% $ 27,163 $ 68,945 $ 5,113 1.29% 2013 7,668,166 6,703,147 87.4% 912,362 7,615,509 99.3% 102,713 45,361 7,296 2.03% 2014 8,032,955 7,069,804 88.0% 917,806 7,987,610 99.4% 57,680 41,074 2,788 1.26% 2015 8,132,782 7,247,701 89.1% 848,266 8,095,967 99.5% 62,345 33,407 1,862 1.20% 2016 7,719,829 6,828,816 88.5% 853,639 7,682,455 99.5% 42,063 23,671 1,365 0.87% 2017 7,633,290 6,776,856 88.8% 795,164 7,572,020 99.2% 51,584 43,665 11,728 1.40% 2018 9,545,232 8,631,502 90.4% 839,208 9,470,710 99.2% - 53,873 13,529 0.71% 2019 9,737,757 8,873,258 91.1% 821,601 9,694,859 99.6% - 20,987 15,355 0.37% 2020 9,943,231 9,114,832 91.7% 749,195 9,864,027 99.2% - 35,111 31,560 0.67% 2021 9,987,802 9,121,784 91.3% 637,083 9,758,867 97.7% - 19,026 41,200 0.60% 143 SOURCE: City of Muskegon Treasurer' Office 174 City of Muskegon TOTAL INCOME TAX COLLECTED AND NUMBER OF RETURNS FILED - GRAPHICAL Last Ten Fiscal Years Income Tax 2012 ‐ 2022 $12,000,000 $10,000,000 INCOME TAX $ $8,000,000 $6,000,000 $4,000,000 $2,000,000 $‐ 2012 ‐ 2013 2013 ‐ 2014 2014 ‐ 2015 2015 ‐ 2016 2016 ‐ 2017 2017 ‐ 2018 2018 ‐ 2019 2019‐20 2020‐21 2021‐22 Resident $2,692,211 $2,892,906 $3,070,581 $2,925,036 $3,284,777 $3,278,759 $3,457,902 $3,655,458 $3,531,695 $3,771,609 Non‐Resident 3,290,480 3,535,773 3,752,932 3,575,045 4,014,691 4,007,372 4,226,325 4,467,781 4,316,516 4,609,744 Other 1,523,781 1,499,133 1,451,153 1,651,821 1,311,374 1,472,517 1,007,446 1,014,475 1,408,615 1,621,270 Total Income Tax $7,506,472 $7,927,812 $8,274,666 $8,151,902 $8,610,842 $8,758,648 $8,691,673 $9,137,714 $9,256,826 $10,002,623 144 FISCAL YEAR NUMBER OF RETURNS 2012 ‐ 2022 20,000 18,000 1,750 1,750 1,750 1,750 1,750 1,650 1,650 16,000 1,650 14,000 1,650 1,650 12,000 RETURNS 11,009 10,631 10,713 10,578 10,997 10,278 10,256 10,000 Other 9,426 8,524 8,301 Non‐Resident 8,000 Resident 6,000 4,000 5,110 5,463 5,458 5,337 5,464 5,352 5,493 4,852 4,302 4,732 2,000 ‐ 2012 ‐ 2013 2013 ‐ 2014 2014 ‐ 2015 2015 ‐ 2016 2016 ‐ 2017 2017‐ 2018 2018‐19 2019‐20 2020‐21 2021‐22 FISCAL YEAR 175 City of Muskegon TOTAL INCOME TAX COLLECTED AND NUMBER OF RETURNS FILED - DATA Last Ten Fiscal Years Income Tax 2012 ‐ 2022 Year 2012 ‐ 2013 2013 ‐ 2014 2014 ‐ 2015 2015 ‐ 2016 2016 ‐ 2017 2017 ‐ 2018 2018 ‐ 2019 2019‐20 2020‐21 2021‐22 Resident $ 2,692,211 $ 2,892,906 $ 3,070,581 $ 2,925,036 $ 3,284,777 $ 3,278,759 $ 3,457,902 $ 3,655,458 $ 3,531,695 $ 3,771,609 Non‐Resident 3,290,480 3,535,773 3,752,932 3,575,045 4,014,691 4,007,372 4,226,325 4,467,781 4,316,516 4,609,744 Other 1,523,781 1,499,133 1,451,153 1,651,821 1,311,374 1,472,517 1,007,446 1,014,475 1,408,615 1,621,270 Total Income Tax $ 7,506,472 $ 7,927,812 $ 8,274,666 $ 8,151,902 $ 8,610,842 $ 8,758,648 $ 8,691,673 $ 9,137,714 $ 9,256,826 $ 10,002,623 Number of Returns 2012‐2022 Year 2012 ‐ 2013 2013 ‐ 2014 2014 ‐ 2015 2015 ‐ 2016 2016 ‐ 2017 2017‐ 2018 2018‐19 2019‐20 2020‐21 2021‐22 Resident 5,110 5,463 5,458 5,337 5,464 5,352 5,493 4,852 4,302 4,732 Non‐Resident 10,997 11,009 10,631 10,713 10,578 10,278 10,256 9,426 8,301 8,524 Other 1,750 1,750 1,750 1,750 1,750 1,650 1,650 1,650 1,650 1,650 145 Total Returns 17,857 18,222 17,839 17,800 17,792 17,280 17,399 15,928 14,253 14,906 176 City of Muskegon RATIO OF OUTSTANDING DEBT BY TYPE Last Ten Fiscal Years Governmental Activities Business-Type Activities General Obligation Installment Total Limited Tax Purchase Governmental Revenue Total Business- Total Primary Per Year Bonds Agreements State Loans Activities Bonds State Loans Type Activities Government Capita 2013 $ 7,350,000 $ - $ 130,042 $ 7,480,042 $ 4,205,000 $ 9,685,000 $ 13,890,000 $ 21,370,042 $ 577 2014 6,954,535 - 112,550 7,067,085 3,630,728 9,030,000 12,660,728 19,727,813 533 2015 6,555,436 - 94,708 6,650,144 2,949,368 8,360,000 11,309,368 17,959,512 483 2016 6,243,903 - 76,509 6,320,412 2,246,962 7,675,000 9,921,962 16,242,374 436 2017 5,940,903 - 57,946 5,998,849 1,523,661 6,980,000 8,503,661 14,502,510 378 146 2018 5,633,903 - 39,012 5,672,915 774,614 6,270,000 7,044,614 12,717,529 331 2019 5,322,903 - 19,699 5,342,602 - 5,545,000 5,545,000 10,887,602 284 2020 24,059,753 2,123,804 - 26,183,557 - 6,607,956 6,607,956 32,791,513 854 2021 30,496,677 - - 30,496,677 - 9,056,453 9,056,453 39,553,130 1,051 2022 29,229,777 1,173,411 - 30,403,188 - 14,374,715 14,374,715 44,777,903 1,192 NOTE: None of the debt issued by the City is payable through the levy of property tax millages. SOURCE: The information in these schedules (unless otherwise noted) is derived from the comprehensive annual financial reports for the relevant year. 177 City of Muskegon DIRECT AND OVERLAPPING DEBT June 30, 2022 Total Debt Debt Supported by City Name of Governmental Unit Outstanding Self Supporting General Revenues Direct Debt City of Muskegon: Revenue Bonds $ 14,374,715 $ 14,374,715 $ - Capital Improvement Bonds 29,229,777 - 29,229,777 Installment Purchase Agreements 1,173,411 - 1,173,411 Component Unit Debt: Local Development Finance Authority 1,096,547 1,096,547 - Total City Direct Debt $ 45,874,450 $ 15,471,262 $ 30,403,188 City Share as Gross Percent of Gross Net Overlapping Debt Muskegon School District $ 81,265,000 95.82% $ 77,868,123 Orchard View School District 35,479,418 16.93% 6,006,665 Reeth's Puffer School District 60,921,723 0.95% 578,756 Hackley Public Library 1,775,000 95.82% 1,700,805 Muskegon County 100,828,458 12.98% 13,087,534 Muskegon Community College 28,360,000 12.98% 3,681,128 Total Overlapping Debt $ 308,629,599 102,923,012 Total City Direct and Overlapping Debt $ 133,326,200 NOTE: None of the debt issued by the City is payable through the levy of property tax millages The percentage of overlapping debt is estimated using taxable property values. Applicable percentages were estimated by determining the portion of the City's taxable value that is within each overlapping government unit's boundaries. Details regarding the City's outstanding debt can be found in the notes to the financial statements. SOURCE: Municipal Advisory Council of Michigan and City of Muskegon Finance Department. The information in these schedules (unless otherwise noted) is derived from the comprehensive annual financial reports for the relevant year. 147 178 City of Muskegon LEGAL DEBT MARGIN INFORMATION Last Ten Fiscal Years 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Debt Limit $ 68,555,700 $ 61,706,477 $ 61,510,980 $ 60,962,090 $ 61,333,841 $ 64,124,907 $ 101,083,635 $ 108,732,428 $ 128,830,259 $ 144,430,377 Total net debt applicable to limit 13,655,042 12,847,550 11,969,708 11,313,794 10,290,785 9,240,855 8,510,021 27,943,934 31,848,925 31,499,735 Legal debt margin $ 54,900,658 $ 48,858,927 $ 49,541,272 $ 49,648,296 $ 51,043,056 $ 54,884,052 $ 92,573,614 $ 80,788,494 $ 96,981,334 $ 112,930,642 Total net debt applicable to the limit as 19.92% 20.82% 19.46% 18.56% 16.78% 14.41% 8.42% 25.70% 24.72% 21.81% a percentage of debt limit Legal Debt Margin Calculation for 2022: Assessed Valuation: $ 1,444,303,769 Legal Debt Limit (10% ) 144,430,377 Total Indebtedness: $ 45,874,450 Debt not Subject to Limitation: Paid by Special Assessment - Revenue Bonds (14,374,715) Debt Subject to Limitation 31,499,735 148 Legal Debt Margin $ 112,930,642 SOURCE: The information in these schedules (unless otherwise noted) is derived from the comprehensive annual financial reports for the relevant year. 179 City of Muskegon REVENUE BOND COVERAGE Last Ten Fiscal Years Water Supply System Direct Net Revenue Fiscal Gross Operating Available For Debt Service Requirements Year Revenue (a) Expenses (b) Debt Service Principal Interest Total Coverage 2013 $ 5,907,784 $ 3,729,276 $ 2,178,508 $ 1,250,000 $ 384,694 $ 1,634,694 1.33 2014 6,109,144 3,511,477 2,597,667 1,295,000 352,634 1,647,634 1.58 2015 6,388,474 3,774,508 2,613,966 1,330,000 320,857 1,650,857 1.58 2016 7,498,376 4,460,076 3,038,300 1,370,000 283,360 1,653,360 1.84 2017 7,449,646 4,997,912 2,451,734 1,405,000 246,434 1,651,434 1.48 2018 7,507,323 4,949,807 2,557,516 1,450,000 203,106 1,653,106 1.55 2019 8,472,413 5,672,522 2,799,891 1,495,000 158,260 1,653,260 1.69 2020 8,417,771 6,374,033 2,043,738 745,000 109,916 854,916 2.39 2021 8,762,308 6,481,996 2,280,312 760,000 107,860 867,860 2.63 2022 9,026,192 7,255,731 1,770,461 994,750 146,568 1,141,318 1.55 Sewage Disposal System Direct Net Revenue Fiscal Gross Operating Available For Debt Service Requirements Year Revenue (a) Expenses (b) Debt Service Principal Interest Total Coverage 2013 No Direct System Indebtedness 2014 No Direct System Indebtedness 2015 No Direct System Indebtedness 2016 No Direct System Indebtedness 2017 No Direct System Indebtedness 2018 No Direct System Indebtedness 2019 No Direct System Indebtedness 2020 $ 8,399,047 $ 9,307,397 $ (908,350) $ - $ - $ - $ - 2021 9,298,294 7,481,042 1,817,252 - 3,151 3,151 576.72 2022 10,303,063 7,502,182 2,800,881 272,000 84,439 356,439 7.86 For years in which "revenue bond coverage" is less than 1.00, the shortfall was made up either by use of net position or by transfer in. (a) "Gross Revenue" equals total operating revenues plus interest income. (b) "Direct Operating Expenses" equal total operating expenses net of depreciation expense. SOURCE: The information in these schedules (unless otherwise noted) is derived from the comprehensive annual financial reports for the relevant year. 149 180 City of Muskegon DEMOGRAPHIC AND ECONOMIC STATISTICS Last Ten Fiscal Years Fiscal Personal Per Capita Median Public School Building Permits Year Population Income Income Age Enrollment Number Value Unemployment 2013 37,046 $ 747,644,037 $ 20,182 34.1 4,367 826 $ 24,613,938 12.0% 2014 37,213 769,789,707 20,686 34.1 4,808 1,108 54,065,115 9.6% 2015 37,213 789,034,450 21,203 35.8 4,387 1,102 46,541,966 10.3% 2016 37,213 808,760,311 21,733 35.8 4,206 1,112 58,924,856 8.3% 2017 38,349 854,285,543 22,277 35.8 3,985 1,075 78,271,395 4.8% 2018 38,401 876,830,025 22,834 35.4 3,732 1,202 171,523,877 4.1% 2019 38,401 898,750,775 23,404 35.4 3,589 1,295 94,667,004 4.2% 2020 38,401 921,219,545 23,989 36.3 3,625 1,233 92,319,998 17.7% 2021 37,633 925,365,524 24,589 35.8 3,472 1,266 53,810,437 5.0% 2022 37,552 946,458,144 25,204 34.9 3,478 1,051 65,634,790 10.3% 150 SOURCE: US Census Bureau, Muskegon Area Intermediate School Distrct (MAISD), City of Muskegon Inspections Department, Michigan Department of Technology, Management, & Budget 181 City of Muskegon PRINCIPAL EMPLOYERS Current Year and Ten Years Ago 2022 2013 Percentage Percentage of total of total City City Employer Employees Rank employment Employees Rank employment Mercy General Health Partners 4,003 1 32.72% 3,657 1 24.7% ADAC Automotive 1,168 2 9.55% 750 5 5.1% County of Muskegon 990 3 8.09% 1,028 2 7.0% G.E. Aviation 624 4 5.10% 644 6 4.4% Port City Group Companies 421 5 3.44% 419 7 2.8% KL Outdoors 375 6 3.07% Muskegon Public School District 360 7 2.94% 941 3 6.4% 151 Muskegon Area Intermediate School District 355 8 2.90% Knoll Inc 270 9 2.21% 403 8 2.7% Muskegon Community College 214 10 1.75% 211 10 1.4% State of Michigan 772 4 5.2% Baker College SAF Holland USA 330 9 2.2% SOURCE: City of Muskegon; Muskegon Area First; Michigan Department of Energy, Labor & Economic Growth 182 City of Muskegon BUDGETED FULL-TIME CITY GOVERNMENT POSITIONS BY DEPARTMENT Last Ten Fiscal Years Department 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Administration 0.40 0.40 - - - - - - - - Affirmative Action 1.10 1.10 1.30 1.30 1.46 0.40 1.00 1.00 1.00 1.00 Cemetaries 1.25 1.25 1.25 1.25 1.25 1.25 1.25 2.25 2.25 2.25 City Clerk & Elections 3.00 3.00 3.00 3.00 3.54 3.80 3.80 4.80 5.80 5.80 City Commission 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 City Hall Maintenance 0.55 0.55 0.55 0.55 0.55 0.55 0.55 1.05 1.00 1.00 City Manager's Office 2.25 2.25 2.05 2.05 1.75 2.75 2.75 2.75 3.30 3.30 City Treasurer's Office 5.00 4.50 5.50 5.50 5.50 5.50 5.50 5.50 5.30 5.30 Environmental Services 5.00 5.00 2.00 2.00 2.00 2.00 - - Farmers Market 0.05 0.05 0.05 0.05 - 0.20 1.20 1.20 0.70 0.70 Finance Administration 2.00 2.00 3.00 3.00 3.00 3.60 3.00 3.45 3.70 3.70 Fire 28.00 28.83 32.00 35.00 35.00 35.00 26.00 29.00 29.50 29.50 Fire Safety Inspections 6.00 0.83 - - - - - - Income Tax Administration 5.00 4.50 3.50 3.50 3.50 3.50 3.50 3.50 3.70 3.70 Information Systems 3.00 3.00 3.00 3.00 3.00 3.50 3.50 3.50 3.50 3.50 Parks 6.05 6.00 6.00 6.00 7.05 7.05 10.05 10.05 10.05 10.05 Planning, Zoning & Economic Development 3.00 3.00 3.40 3.40 3.45 3.45 5.45 6.00 7.00 7.00 Police 88.00 87.34 88.00 88.00 88.00 88.00 89.00 89.00 91.00 91.00 152 Sanitation 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 Senior Transit 0.05 0.05 - - - - - - MVH-Major Streets 10.70 10.70 10.70 10.70 10.70 10.70 12.20 12.20 13.20 13.20 MVH-Local Streets 6.70 6.70 6.70 6.70 6.70 6.70 7.20 7.20 7.20 7.20 Community Development 4.00 4.00 4.00 4.00 4.00 3.55 3.55 4.30 5.30 5.30 Home Program - - - - - - - - - Lead Program - - - - - - - - - Sewer Maintenance 9.75 9.80 9.80 9.80 9.80 9.80 9.80 10.80 10.95 10.95 Water Filtration 10.00 10.00 10.00 10.00 10.00 10.00 10.00 11.00 12.15 12.15 Water Maintenance 11.75 11.75 11.75 11.75 11.75 11.75 11.75 12.75 14.90 14.90 Hartshorn Marina Fund 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30 Mercy Health Arena - - - - - - - 3.00 6.00 6.00 Public Service Building 8.45 8.45 8.50 8.50 8.50 8.50 8.50 8.75 8.75 8.75 Engineering 4.95 4.95 4.95 4.95 4.95 4.95 5.95 5.20 4.25 4.25 Equipment 6.25 6.25 6.25 6.25 6.25 6.25 6.25 6.25 6.25 6.25 233.00 227.00 228.00 231.00 232.45 233.50 232.50 245.25 257.50 257.50 SOURCE: City of Muskegon Finance Department 183 City of Muskegon OPERATING INDICATORS BY FUNCTION/PROGRAM Last Ten Fiscal Years Function/Program 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Administrative Services Elections Number of registered voters 26,098 26,025 24,014 24,005 24,612 26,136 25,182 28,127 27,889 28,004 Number of votes cast: Last general election 13,487 3,029 7,763 2,547 13,179 15,271 11,407 3,105 15,156 15,519 Last city election 2,131 3,029 7,763 2,547 13,179 2,254 1,938 3,105 2,968 4,459 Percentage of registered voters voting: Last general election 52% 12% 32% 11% 54% 58% 45% 11% 54% 55% Last city election 8% 12% 32% 11% 54% 9% 8% 11% 12% 16% Financial Services Property Tax Bills 15,291 15,211 14,528 14,611 14,243 14,229 14,180 15,090 15,117 15,103 Income Tax Returns 17,857 18,222 17,839 17,800 17,792 17,280 17,399 15,928 14,253 14,906 Paper Check Issued to Vendors 1,677 1,404 1,527 1,608 1,675 1,782 1,863 1,946 1,676 1,853 Electronic Payments to Vendors 1,251 1,579 1,471 1,849 1,998 2,104 2,307 2,494 2,465 3,654 153 Public Safety Fire Protection Number of firefighter and officer positions 41 38 35 35 35 23 29 26 29 25 Number of emergency calls 4,563 4,354 4,881 4,938 4,895 4,948 5,106 5,147 4,203 6,018 Police Protection Number of sworn officer positions 79 76 76 76 75 79 80 80 89 80 Part I (Major) Crimes 2,647 2,240 2,107 1,989 2,816 2,357 1,728 1,621 1,442 808 Public Works Refuse Collected (Tons per Year) 9,958 10,217 10,512 10,994 11,009 10,801 10,753 11,534 12,289 10,326 Recyclables Collected (Tons per Year) - - - - - - - 160 224 341 Water & Sewer Number of consumers 13,144 13,086 13,223 13,307 13,248 13,104 13,343 13,422 12,660 12,821 Average daily water consumption (GPD) 7,651,000 7,666,000 8,293,570 11,027,945 10,947,233 9,559,304 10,867,590 10,674,712 7,570,000 10,789,900 Water main breaks repaired 11 30 15 16 12 15 11 17 13 15 Sewer flows (Millions Gallons per Year) 1,777 1,833 2,013 1,794 1,815 1,832 2,048 2,138 1,596 1,462 Sewer Service Calls 508 532 501 521 462 451 443 475 541 426 SOURCE: City of Muskegon Departments 184 City of Muskegon CAPITAL ASSET STATISTICS BY FUNCTION/PROGRAM Last Ten Fiscal Years Function/Program 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Public Safety Fire Protection Number of stations 3 3 3 3 3 3 3 3 3 3 Police Protection Number of stations 1 1 1 1 1 1 1 1 1 1 Highways, Streets and Bridges Miles of Streets 196.95 196.95 196.95 196.95 196.95 196.95 197.19 187.34 187.34 187.28 Number of streetlights 2,838 2,838 2,838 2,900 2,984 2,967 2,930 2,995 2,995 2,995 Culture and Recreation Number of parks (acres) 701 701 701 701 701 701 701 701 701 701 Lake Michigan beaches (acres) 119 119 119 119 119 119 119 119 119 119 Hockey/Entertainment Arena 1 1 1 1 1 1 1 1 2 2 Sewer 154 Sanitary sewers (miles) 177.04 177.04 177.04 177.04 177.04 177.04 177.04 177.04 176.69 166.63 Storm sewers (miles) 184.35 184.25 184.35 184.35 184.35 184.35 184.35 184.35 147.58 148.38 Water Water mains (miles) 195.95 195.95 195.95 195.95 195.95 195.95 195.27 195.27 213.92 214.70 SOURCE: City of Muskegon Departments 185 SINGLE AUDIT OF FEDERAL FINANCIAL ASSISTANCE PROGRAMS 155 186 INDEPENDENT AUDITOR’S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS City Commission City of Muskegon Muskegon, Michigan We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business- type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of City of Muskegon as of and for the year ended June 30, 2022, and the related notes to the financial statements, which collectively comprise City of Muskegon’s basic financial statements, and have issued our report thereon dated December 21, 2022. Report on Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered City of Muskegon’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of City of Muskegon’s internal control. Accordingly, we do not express an opinion on the effectiveness of City of Muskegon’s internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit, we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified. Grand Haven | Grand Rapids | Hart | Muskegon www.brickleydelong.com 156 187 BRICKLEY DELONG City Commission City of Muskegon Page 2 Report on Compliance and Other Matters As part of obtaining reasonable assurance about whether City of Muskegon’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. City of Muskegon’s Response to Findings Government Auditing Standards requires the auditor to perform limited procedures on City of Muskegon’s response to the findings identified in our audit and described in the accompanying Schedule of Findings and Questioned Costs. City of Muskegon’s response was not subjected to the other auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on the response. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Muskegon, Michigan December 21, 2022 157 188 INDEPENDENT AUDITOR’S REPORT ON COMPLIANCE FOR EACH MAJOR FEDERAL PROGRAM; REPORT ON INTERNAL CONTROL OVER COMPLIANCE; AND REPORT ON SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS REQUIRED BY THE UNIFORM GUIDANCE City Commission City of Muskegon Muskegon, Michigan Report on Compliance for Each Major Federal Program Opinion on Each Major Federal Program We have audited City of Muskegon’s compliance with the types of compliance requirements identified as subject to audit in the OMB Compliance Supplement that could have a direct and material effect on each of City of Muskegon’s major federal programs for the year ended June 30, 2022. City of Muskegon’s major federal programs are identified in the Summary of Auditor’s Results section of the accompanying Schedule of Findings and Questioned Costs. In our opinion, City of Muskegon complied, in all material respects, with the compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2022. Basis for Opinion on Each Major Federal Program We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America (GAAS); the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Government Auditing Standards); and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Our responsibilities under those standards and the Uniform Guidance are further described in the Auditor’s Responsibilities for the Audit of Compliance section to our report. We are required to be independent of City of Muskegon and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for each major federal program. Our audit does not provide a legal determination of City of Muskegon’s compliance with the compliance requirements referred to above. Responsibilities of Management for Compliance Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules and provisions of contracts or grant agreements applicable to City of Muskegon’s federal programs. Grand Haven | Grand Rapids | Hart | Muskegon www.brickleydelong.com 158 189 BRICKLEY DELONG City Commission City of Muskegon Page 2 Report on Compliance for Each Major Federal Program—Continued Auditor’s Responsibility for the Audit of Compliance Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on City of Muskegon’s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material, if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about City of Muskegon’s compliance with the requirements of each major federal program as a whole. In performing an audit in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance, we exercise professional judgment and maintain professional skepticism throughout the audit. identity and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding City of Muskegon’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances. obtain an understanding of City of Muskegon’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of City of Muskegon’s internal control over compliance. Accordingly, no such opinion is expressed. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit. Report on Internal Control Over Compliance A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. 159 190 BRICKLEY DELONG City Commission City of Muskegon Page 3 Report on Internal Control Over Compliance—Continued Our consideration of internal control over compliance was for the limited purpose described in the Auditor’s Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance. Given these limitation, during our audit we did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. However, material weaknesses or significant deficiencies in internal control over compliance may exist that were not identified. Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose. Muskegon, Michigan December 21, 2022 160 191 City of Muskegon SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS For the year ended June 30, 2022 Accrued Cash or Accrued Assistance Program or (Unearned) Adjustments Payments In- Amount of (Unearned) Passed Federal Grantor/Pass-Through Grantor/ Listing Award Revenue and Kind Received Grant Revenue Through to Program or Cluster Title/Identifying Number Number Amount July 1, 2021 Transfers (Cash Basis) Expenditures June 30, 2022 Subrecipents U.S. Department of Housing and Urban Development Direct programs CDBG - Entitlement Grants Cluster Community Development Block Grants/Entitlement Grants 14.218 B-14-MC-26-0026 $ 897,025 $ 17,403 $ - $ 17,403 $ - $ - $ - B-16-MC-26-0026 886,662 - - 118,732 118,732 - - B-17-MC-26-0026 871,542 - - 3,973 13,922 9,949 - B-18-MC-26-0026 937,658 - - - 71,725 71,725 - B-19-MC-26-0026 973,451 8,404 - 201,592 213,897 20,709 - B-20-MC-26-0026 994,698 54,405 - 82,924 43,563 15,044 - COVID-19 - B-20-MW-26-0026 794,564 27,855 - 533,440 541,595 36,010 - B-21-MC-26-0026 988,508 - - 723,851 744,984 21,133 100,000 Program Income 73,217 - - 73,217 73,217 - - Total CDBG - Entitlement Grants Cluster 7,417,325 108,067 - 1,755,132 1,821,635 174,570 100,000 161 Home Investment Partnerships Program 14.239 M-17-MC-26-0215 249,537 - - 10,902 10,902 - - M-18-MC-26-0215 327,681 - - 49,152 49,152 - - M-19-MC-26-0215 334,818 - - 235,951 245,770 9,819 - M-20-MC-26-0215 343,362 1,781 - 214,690 218,493 5,584 - M-21-MC-26-0215 336,456 - - 13,728 56,038 42,310 - Program Income 53,040 - - 53,040 53,040 - - Total Home Investment Partnerships Program 1,644,894 1,781 - 577,463 633,395 57,713 - Healthy Homes Production Program 14.913 MIHHP0083-22 1,500,000 - - - 2,015 2,015 - Total U.S. Department of Housing and Urban Development 10,562,219 109,848 - 2,332,595 2,457,045 234,298 100,000 192 City of Muskegon SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS—Continued For the year ended June 30, 2022 Accrued Cash or Accrued Assistance Program or (Unearned) Adjustments Payments In- Amount of (Unearned) Passed Federal Grantor/Pass-Through Grantor/ Listing Award Revenue and Kind Received Grant Revenue Through to Program or Cluster Title/Identifying Number Number Amount July 1, 2021 Transfers (Cash Basis) Expenditures June 30, 2022 Subrecipents U.S. Department of Justice Direct programs Bulletproof Vest Partnership Program 16.607 2020 Grant $ 6,615 $ - $ - $ - $ 6,615 $ 6,615 $ - Edward Byrne Memorial Justice Assistance Grant Program 16.738 2020-DJ-BX-0470 32,996 17,866 - 27,751 9,885 - 9,885 15PBJA-21-GG-01586-JAGX 40,467 - - 21,906 21,906 - - 73,463 17,866 - 49,657 31,791 - 9,885 Criminal and Juvenile Justice and Mental Health Collaboration Program 16.745 2019-MO-BX-0006 100,000 4,837 - 63,909 59,072 - - Total direct programs 180,078 22,703 - 113,566 97,478 6,615 9,885 Passed through Michigan Department of Health and Human Services Violence Against Women Formula Grants 16.588 162 E20211656-002 177,934 9,965 - 26,844 16,879 - - E20221719-001 282,512 - - 117,173 132,952 15,779 - 460,446 9,965 - 144,017 149,831 15,779 - Passed through Battle Creek Community Foundation Project Safe Neighborhoods 16.609 2018 Project Safe Neighborhoods Grant 6,420 - - 6,420 6,420 - - 2019 Project Safe Neighborhoods Grant 21,905 - - 21,905 21,905 - - 28,325 - - 28,325 28,325 - - Passed through Ottawa County Edward Byrne Memorial Justice Assistance Grant Program 16.738 2020-MU-BX-0011 16,284 - - 16,284 16,284 - - Total U.S. Department of Justice 685,133 32,668 - 302,192 291,918 22,394 9,885 U.S. Department of Treasury Passed through Michigan Department of Treasury Coronavirus State and Local Fiscal Recovery Funds 21.027 COVID-19 - American Rescue Plan Act 22,881,894 - (11,440,947) 11,440,947 9,234,029 (13,647,865) 3,000,000 U.S. Small Business Administration Direct programs Shuttered Venue Operators Grant Program 59.075 SBAHQ21SV010622 625,498 - - 625,498 625,498 - - 193 City of Muskegon SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS—Continued For the year ended June 30, 2022 Accrued Cash or Accrued Assistance Program or (Unearned) Adjustments Payments In- Amount of (Unearned) Passed Federal Grantor/Pass-Through Grantor/ Listing Award Revenue and Kind Received Grant Revenue Through to Program or Cluster Title/Identifying Number Number Amount July 1, 2021 Transfers (Cash Basis) Expenditures June 30, 2022 Subrecipents Environmental Protection Agency Passed through Department of Environment, Great Lakes, and Energy Clean Water State Revolving Fund Cluster Capitalization Grants for Clean Water State Revolving Funds 66.458 5675-01 $ 11,500,000 $ 497,694 $ - $ 924,976 $ 427,282 $ - $ - 5679-01 4,715,000 232,190 - 3,297,075 3,114,986 50,101 - 16,215,000 729,884 - 4,222,051 3,542,268 50,101 - Drinking Water State Revolving Fund Cluster Capitalization Grants for Drinking Water State Revolving Funds 66.468 7446-01 4,225,000 - - 124,394 124,394 - - Total Environmental Protection Agency 20,440,000 729,884 - 4,346,445 3,666,662 50,101 - U.S. Department of Health and Human Services Passed through Michigan Department of Health and Human Services 163 Children's Health Insurance Program 93.767 E20211485-002 943,785 56,290 - 125,354 69,064 - - E20221736-001 880,100 - - 477,837 552,561 74,724 - Total Department of Health and Human Services 1,823,885 56,290 - 603,191 621,625 74,724 - TOTAL FEDERAL ASSISTANCE $ 57,018,629 $ 928,690 $ (11,440,947) $ 19,650,868 $ 16,896,777 $ (13,266,348) $ 3,109,885 The accompanying notes are an integral part of this statement. 194 City of Muskegon NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS For the year ended June 30, 2022 1. The accompanying Schedule of Expenditures of Federal Awards (the “schedule”) includes the federal award activity of the City under programs of the federal government for the year ended June 30, 2022. The information in this schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Because the schedule presents only a selected portion of the operations of the City, it is not intended to and does not present the financial position or change in net position of the City. 2. Please see the financial statement footnotes for the significant accounting policies used in preparing this schedule. Expenditures are recognized following the cost principles contained in the Uniform Guidance, wherein certain types of expenditures are not allowable or are limited as to reimbursement. Negative amounts shown on the schedule represent adjustments or credits made in the normal course of business to amounts reported as expenditures in prior years. The City is not using the ten-percent de minimis indirect cost rate as allowed under the Uniform Guidance. 3. Unearned revenue for the American Rescue Plan Act at June 30, 2021 was inadvertently ommitted from the prior year Schedule of Expenditures of Federal Awards. 4. The following is a reconciliation of federal revenues as reported on the Statement of Revenues, Expenditures and Changes in Fund Balances of the City of Muskegon's financial statements for the year ended June 30, 2022 and federal expenditures per the Schedule of Expenditures of Federal Awards. 164 Federal revenues per City of Muskegon financial statements General Fund $ 291,918 Other governmental funds 12,811,940 13,103,858 Plus drawdowns on federal loans 3,666,662 Plus program income 126,257 Federal expenditures per the Schedule of Expenditures of Federal Awards $ 16,896,777 195 City of Muskegon SCHEDULE OF FINDINGS AND QUESTIONED COSTS For the year ended June 30, 2022 SECTION I—SUMMARY OF AUDITOR’S RESULTS A. Financial Statements 1. Type of report the auditor issued on whether the financial statements audited were prepared in accordance with GAAP: Unmodified 2. Internal control over financial reporting: Material weakness(es) identified? yes X no Significant deficiency(ies) identified? yes X none reported 3. Noncompliance material to financial statements noted? yes X no B. Federal Awards 1. Internal control over major federal programs: Material weakness(es) identified? yes X no Significant deficiency(ies) identified? yes X none reported 2. Type of auditor’s report issued on compliance for major federal programs: Unmodified 3. Any audit findings disclosed that are required to be reported in accordance with 2 CFR 200.516(a)? yes X no 4. Identification of major programs: Assistance Listing Number(s) Name of Federal Program/Cluster U.S. Department of Treasury 21.027 ● Coronavirus State and Local Recovery Funds U.S. Small Business Administration 59.075 ● Shuttered Venue Operators Grant Environmental Protection Agency 66.458 ● Capitalization Grants for Clean Water State Revolving Funds 5. Dollar threshold used to distinguish between type A and type B programs: $750,000 6. Auditee qualified as low-risk auditee? yes X no SECTION II – FINANCIAL STATEMENT FINDINGS NONE SECTION III – FEDERAL AWARD FINDINGS AND QUESTIONED COSTS NONE 165 196 [This page was intentionally left blank.] 166 197 CLIENT DOCUMENTS 167 198 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 Clerk (231)724-6705 FAX (231)724-4178 SUMMARY SCHEDULE OF PRIOR AUDIT FINDINGS Comm. & Neigh. Services (231)724-6717 December 21, 2022 FAX (231)726-2501 Computer Info. Technology (231)724-4126 U.S. Department of Housing and Urban Development FAX (231)722-4301 Washington D.C. Engineering (231)724-6707 FAX (231)727-6904 City of Muskegon respectfully advises you that there were no audit findings reported in our single Finance audit report, dated December 9, 2021, for the year ended June 30, 2021. (231)724-6713 FAX (231)726-2325 Sincerely, Fire Department (231)724-6795 FAX (231)724-6985 Human Resources Co. (Civil Service) (231)724-6442 FAX (231)724-6840 Ken Grant Income Tax Finance Director (231)724-6770 FAX (231)724-6768 Mayor’s Office (231)724-6701 FAX (231)722-1214 Planning/Zoning (231)724-6702 FAX (231)724-6790 Police Department (231)724-6750 FAX (231)722-5140 Public Works (231)724-4100 FAX (231)722-4188 SafeBuilt (Inspections) (231)724-6715 FAX (231)728-4371 Treasurer (231)724-6720 FAX (231)724-6768 Water Billing (231)724-6718 FAX (231)724-6768 Water Filtration City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 (231)724-4106 http://www.shorelinecity.com FAX (231)755-5290 168 199 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 Clerk (231)724-6705 FAX (231)724-4178 CORRECTIVE ACTION PLAN Comm. & Neigh. Services (231)724-6717 December 21, 2022 FAX (231)726-2501 Computer Info. Technology U.S. Department of Housing and Urban Development (231)724-4126 FAX (231)722-4301 Washington D.C. Engineering (231)724-6707 FAX (231)727-6904 City of Muskegon respectfully submits the following Corrective Action Plan for the year ended June Finance 30, 2022. (231)724-6713 FAX (231)726-2325 Name and address of independent public accounting firm: Fire Department (231)724-6795 Brickley DeLong, P.C. FAX (231)724-6985 P.O. Box 999 Human Resources Muskegon, MI 49443 Co. (Civil Service) (231)724-6442 Audit period: June 30, 2022 FAX (231)724-6840 Income Tax The findings from the Schedule of Findings and Questioned Costs for the year ended June 30, 2022 (231)724-6770 provided no findings in either Section II or Section III. Accordingly, there are no matters requiring FAX (231)724-6768 corrective action as shown below. Mayor’s Office (231)724-6701 SECTION II – FINANCIAL STATEMENT FINDINGS FAX (231)722-1214 Planning/Zoning There were no findings in relation to the financial statement audit. (231)724-6702 FAX (231)724-6790 SECTION III – FEDERAL AWARD FINDINGS AND QUESTIONED COSTS Police Department (231)724-6750 FAX (231)722-5140 There were no findings in relation to the major federal award programs. Public Works (231)724-4100 If the U.S. Department of Housing and Urban Development has questions regarding this plan, please FAX (231)722-4188 call Ken Grant at (231) 724-6932. SafeBuilt (Inspections) Sincerely, (231)724-6715 FAX (231)728-4371 Treasurer (231)724-6720 FAX (231)724-6768 Ken Grant Water Billing (231)724-6718 Finance Director FAX (231)724-6768 Water Filtration City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 (231)724-4106 http://www.shorelinecity.com FAX (231)755-5290 169 200 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 10, 2023 Title: MIHAF Application Submitted By: Sarah Wilson Department: Treasurer Brief Summary: The Homeowner Assistance Fund was established as part of the American Rescue Plan Act of 2021 (ARP). The State of Michigan received more than 242 million dollars, to be used to mitigate hardships associated with the coronavirus pandemic, including utility payments. The State created the Michigan Homeowner Assistance Fund (MIHAF) to provide these funds to eligible homeowners. The City Treasurer is requesting authorization to sign the attached documents to partner with MIHAF so that any eligible city residents can receive utility payment assistance. Detailed Summary & Background: The Michigan Homeowner Assistance Fund (MIHAF) is a statewide program that uses federal resources to provide financial assistance to homeowners who have fallen behind on homeownership-related expenses because of the COVID-19 Pandemic. It provides funds to eligible entities for the purpose of preventing homeowner mortgage delinquencies, defaults, foreclosures, loss of utilities or home energy services, and displacements of homeowners through qualified expenses related to mortgages and housing. Eligibility criteria and eligible expenses are detailed on the attached documents. Participation in the program does not guarantee our residents will receive funding from this program; however, it does make them eligible to apply for funding. If we choose not to partner with MIHAF, our residents cannot apply for these funds to assist in paying their utility bills. Goal/Focus Area/Action Item Addressed: Goal 2: Housing; Goal 4: Financial Infrastructure 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 authorize the City Treasurer to sign all necessary documents to partner with the Michigan Homeowner Assistance Fund so that the City will be eligible to receive assistance payments made on behalf of eligible utility customers. Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting to sending to the Clerk. Immediate Division Head Information Technology Yes Other Division Heads Communication No 201 Legal Review For City Clerk Use Only: Commission Action: 202 203 204 205 206 207 208 209 210 211 212 213 214 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 10, 2023 Title: Leads Online Submitted By: Director Timothy E. Kozal Department: Public Safety Brief Summary: Electronic reporting for Pawn Shops, secondhand dealers and precious Metaugem dealers Detailed Summary & Background: The purpose of Leads Online is to improve the system of reporting to law enforcement officials all items collected by pawn brokers, secondhand dealers and precious metal/gem dealers for the purpose of aiding law enforcement in locating and retrieving stolen property. Leads Online has nationwide search capabilities, and email notification when suspects are active nationwide for National pawn, scrap, jewelry, firearms, consignment, cell phone re-sale access and online sales such as Ebay and Offerup. Leads Online has the ability to track suspect sales activity across the country, access to over 20,000 businesses reporting and free software, training, and support for local businesses. Currently the city has no means to collect or view reported data. Goal/Focus Area/Action Item Addressed: Refer to the 2022-2027 Long Term Goals document. Amount Requested: $15,662 3-year contract Amount Budgeted: Contact Finance if your item does not fit into the current budget. Fund(s) or Account(s):101-301-861 Fund(s) or Account(s): Recommended Motion: To approve the Police Department to acquire this 3-year contract with Leads Online program Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting to sending to the Clerk. Immediate Division Head Information Technology Yes Other Division Heads Communication No Legal Review For City Clerk Use Only: Commission Action: 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 10, 2023 Title: Towing Agreement Submitted By: Director Timothy Kozal Department: Public Safety Brief Summary: 2023 Towing Contract, Ramos Towing, 2-year contact Detailed Summary: Bids were submitted to the Clerks office on December 13, 2022 with several bidders. Towing to facility $80.00, Storage fee per day $30.00. Amount Requested: 0 Amount Budgeted: not applicable Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: To award the 2023 Towing Contract to Ramos Towing and authorize the Mayor and Clerk to sign. Approvals: Get approval from division head at a minimum prior to sending to the Clerk. Immediate Division Head Information Technology Other Division Heads Communication Legal Review For City Clerk Use Only: Commission Action: 242 243 244 TOWING AGREEMENT This Towing Agreement is made on November 22, 2023: between the City of Muskegon, Michigan Municipal Corporation, with offices at 933 Terrace Street, Muskegon, Michigan 49440 ("City"), and Ramos Towing, with offices at 710 Alberta St., Muskegon, Ml. ("Contractor"). Recitals A. Contractor operates a vehicle towing service, impound service and facility licensed by the State of Michigan; and, B. City desires to retain Contractor to operate a vehicle towing service, impoundment service and facility pursuant to the terms and conditions of this Agreement. Therefore, the parties mutually agree as follows: 1. Retention of Contractor. City retains Contractor as an independent contractor to operate a towing and wrecker service and impoundment facility for the storage of certain motor vehicles for the City pursuant to the terms and conditions of this Agreement. City agrees to exclusively utilize Contractor's towing and wrecker service and impoundment facility, providing the owner/operator of said motor vehicle does not expressly select some other alternative and reasonable provider of said services. Notwithstanding the foregoing, City may call another towing company if Contractor does not respond in a timely manner or does not provide adequate equipment necessary to provide the services as provided by this Agreement. The City reserves the right to hire specialized equipment outside the scope of this Agreement when needed, i.e., mobile cranes, or other heavy equipment which might be needed for special situations. The parties specifically agree that all fees, charges and expenses incurred by Contractor in performance of this Agreement are not City's obligation, and all collection attempts will be directed to the owner/operator of the subject motor vehicle. 2. Term. The term of this Agreement will commence on January 1, 2023 and will continue until December 31, 2025, unless earlier terminated by City pursuant to Section 10. City will have the unilateral option to extend this Agreement for two additional one-year terms under the same terms and conditions of this Agreement if, in City's sole discretion, the extension is in the City's best interest. This Page 1 245 extension will be exercised by the City providing written notice to Contractor at least 60 days prior to the termination date. 3. Duties of Contractor. Contractor will operate a vehicle towing service, impound service and facility seven days a week, 24- hours a day, in such a manner that Contractor can be reached by telephone at all times by Muskegon Central Dispatch, the Muskegon Police Department, and the Muskegon Department of Public Works. Contractor will tow and/or store all motor vehicles, including tractors and trailers, directed to be towed and/or stored by the City's agents and employees. a. Equipment. At all times during the term of this Agreement, Contractor will own and keep in good operating condition the following equipment: i. FCC licensed radio dispatched wreckers; ii. Set of dollies; iii. Equipment for changing tires, air tanks for inflating tires, tools for lock-outs; iv. Booster battery or cables for starting cars or trucks; v. Fire extinguishers, flares; vi. Extra chains, pry bar, broom and shovel, bucket, oil dry; vii. Two standard wreckers fully equipped as specified herein and one large heavy-duty wrecker capable of handling trucks, trailers, semi-trailers, and other large vehicles, up to a gross weight of 50 tons; viii. Power winch on each unit set forth in (vii) above; and, iv. Gross vehicle weight per wrecker unit rating of not less than 8,000 pounds, and the manufacturer's specifications for rated capacity of at least one ton. x. Wrecker for 50-ton vehicles (or sub contracted for this equipment) All equipment must be maintained in good working order to safely perform the service required by this Agreement, and conform to the standards, requirements and regulations mandated by federal, state, county and City agencies. Page 2 246 All towing vehicles will be equipped with communication devices capable of covering all of the territory within the City limits and its immediate bordering jurisdictions and will be subject to periodic inspections by the City regarding their mechanical condition. Contractor will keep the City informed of the number of tow trucks it has available for use in the performance of this Agreement, including the year, make, model, and capacity. This information must be supplied to the Director of Public Safety. Contractor will display the company name and phone number prominently on each of its vehicles used in accordance with this Agreement. b. Facility. At all times during the term of this Agreement, Contractor's towing and impound service facility must: i. be located within Muskegon County; ii. contain a heated, secure building; iii. have a fenced area able to accommodate up to 75 vehicles; iv. comply with the laws of Michigan and the City of Muskegon; v. have prominently posted a list of towing and storage charges, hours of operation as approved by the City, as well as the Contractor's business telephone number; and, vi. be maintained in a clean and presentable condition. c. Fees. At all times during the term of this Agreement, Contractor will abide by the table of fees attached to Contractor's bid documents, which is incorporated herein and made a part hereof as Appendix A. Any customer service, including accidents, impounds or private tows, received through a request of the City, will be invoiced according to this fee schedule. Notwithstanding the foregoing, if a vehicle is impounded for evidence, contractor agrees that all storage fees will cease and tow fees in certain exigent circumstances relating to victims may be waived at the sole discretion of the Director of Public Safety. During the term of this Agreement, Contractor may not increase its fees except upon prior approval granted by the Muskegon City Commission, following review and recommendation by the Muskegon Police Department and/or Department of Public Works. Page 3 247 Contractor will charge only for equipment actually needed and requested by City at the scene. City reserves the right to cancel a request for services of the Contractor at any time, including up to the time of hook up, without either the City or owner or operator incurring any charges. If the owner of the vehicle arrives on scene before the vehicle is towed, and the vehicle can be safely moved by the owner in the opinion of the police officer in charge at the scene, no charges will be incurred and the vehicle will be released to the owner. Contractor will not charge storage fees for any day Contractor is closed to the general public. Contractor will not charge storage fees for the first 24 hours of storage. d. Personnel Qualifications. Contractor will maintain adequate staffing in order to insure proper and timely response to any and all police requirements for impounding vehicles. Contractor will provide the City with a list of the names and addresses of all current operators/drivers and will notify the City of all changes in operators/drivers. Every operator/driver will: i. be competent by reason of demonstrated experience or training, in the sole judgment of the City, to safely operate the type of tow truck used by the impound service; ii. possess the ability to rig, move, pick up and transport vehicles without increasing the original damage, insofar as possible; iii. be free from the influence of alcoholic beverages, narcotics, or dangerous drugs while on duty; iv. be familiar with the ordinances, rules and regulations pertaining to tow trucks; and, v. be licensed as provided by applicable federal, state and local Jaws and ordinances. e. Expenses. Contractor will be solely responsible for all expenses incurred by Contractor, its agents and employees, in connection with the performance of this Agreement. f. Auctions. Contractor will be responsible for the holding of public auctions for abandoned vehicles, furnishing all documentation attendant to any sale at said auction, paying for the auctioneer, and paying for the public notice advertised in the local daily newspaper. Contractor agrees to hold said Page 4 248 auctions under the supervision of the Muskegon Police Department. Auctions will be conducted based on the number of vehicles held, but not less than once per calendar quarter. If no bids are received at the auction, Contractor will become the owner of the vehicle or group of vehicles and will be responsible for disposal. Public auctions will comply with State law. Contractor shall be responsible for $55 city fee for each impounded vehicle sold at auction. g. Storage of Vehicles. All vehicles impounded will be stored in a storage lot or building which is fenced with all gates securely locked and a responsible person in charge of the business 24 hours a day that may be called to respond to the lot by someone from the City. Vehicles stored in the building or storage yard will be parked so as to allow one foot of space between vehicles. Storage charges will not be assessed for the first 24 hours of storage. h. Release of Vehicles. The owner of an impounded vehicle or authorized representative of the owner will be required to have a signed approval by the City's Police Department prior to the vehicle being released. Whenever impounded vehicles are claimed by the owner, Contractor will provide the owner with an itemized statement of all charges relating to impounding the vehicle, including a written justification for fees over and above the standard towing fee. Contractor will make every reasonable effort to verify that the individual claiming a stored vehicle is the actual owner or authorized representative of the owner before the vehicle is released. i. Hours of Operation. Contractor will be available and capable of providing towing services 24 hours a day on each and every day (365 days a year) during the term of this Agreement. Contractor will be open to the general public from 8:00 am through 5:00 pm, Monday through Friday, on each and every week during the term of this Agreement to release motor vehicles to their rightful owners. No storage fees may be charged by Contractor for any day that the business is closed to the general public. j. Services. Contractor will have a tow truck at the scene in a timely manner to tow vehicles as requested by the City. Furthermore, Contractor will clean up accident debris from the street upon response to accident scenes. If clean-up is requested and towing is not required there will be no clean-up charge to the City. Clean-up will be deemed completed when inspected and approved by the City official in charge at the scene. If Contractor does not arrive at the requested location within 25 minutes, the police officer or City employee may have the vehicle towed to Contractor's yard at Contractor's expense, and Contractor will accept the vehicle for storage. At the towing scene, or upon reasonable dispatch thereafter, Contractor must provide the owner or operator of the motor vehicle with a written list itemizing towing fees, storage rates and other expenses. Additionally, Contractor must advise in writing the owner/operator of the right to remove any and all unattached personal property from the motor vehicle at the impoundment yard. Page 5 249 k. Driving of Vehicles. Neither Contractor nor any of its employees and/or agents will at any time drive or remove from the premises any motor vehicles placed with Contractor for storage purposes, except with the written permission of the owner of the motor vehicle or by operation of law. l. Recommendation of Repair or Collision Shop. Under no circumstances will Contractor recommend a repair or collision shop to the vehicle owner/operator. 4. Recordkeeping and Documentation. Contractor will maintain all required records and complete all necessary forms for the state of Michigan, Muskegon Police Department, and the Muskegon Department of Public Works. Contractor will maintain all records relating to the disposition of impounded vehicles for a period not less than four years, and the City will have the right to inspect, copy and audit these records during any business hours. a. Invoices. A written or computerized record or invoice will be kept by Contractor and include the following information for each vehicle: i. Vehicle identification number; ii. Gross vehicle weight rating; iii. Year, make, and model of vehicle; iv. Name of owner of vehicle; v. Details of all services rendered regarding vehicle; vi. Location from which the vehicle was towed or impounded; vii. Mileage of the vehicle; and, viii. Any other information the City may require. These records will be maintained and kept throughout the term of this Agreement (plus one year following the termination of this Agreement) and will be made available to the City for inspection upon request. b. Monthly Audit. A monthly audit will be conducted by Contractor of all vehicles impounded, including the reason the vehicle was impounded. The audit will be submitted to the City's Police Department by the fifteenth day of the following month. Any invoice for special equipment or added services which exceed the standard towing fees will be Page 6 250 specifically itemized and contain written justification for such additional fees. 5. Independent Contractor. Contractor is an independent contractor and not an employee of the City. Neither the Contractor, nor the Contractor's employees or subcontractors, will be entitled to any or additional insurance, health, retirement or similar benefits which are or may become available to City employees, as a result of this Agreement. In addition, current or future City employees or agents will not be construed or considered to be employees or agents of Contractor. 6. Taxes. Contractor will be solely responsible for the payment and withholding of any and all taxes, levies and assessments under any federal, state or local law and will provide for the payment of taxes on or for income, unemployment, old age, social security, workman's compensation, or any other taxes with respect to the Contractor, the Contractor's employees or subcontractors in connection with the work performed pursuant to this Agreement. 7. Insurance. a. Liability Insurance. During the term of this Agreement, Contractor must maintain comprehensive general liability insurance and vehicle liability insurance, including coverage of all operations as a towing service and name the City as co-insured in at least the following amounts: i.Comprehensive general liability insurance in an amount not less than $1,000,000 for each occurrence; ii. Vehicle liability insurance in an amount no less than $1,000,000 for each occurrence; iii. An umbrella policy for liability insurance covering any and all of such risks in an amount not less than $1,000,000; and, iii. A garage keeper's insurance policy in the amount of not less than $250,000. Contractor will provide City with copies of these insurance policies. b. Worker's Compensation Insurance. During the term of this Agreement Contractor must maintain in full force and effect, workers compensation insurance with limits established under state law, and provide City with a copy of the appropriate certificate evidencing same. Page 7 251 8. Warranty. Contractor warrants and represents that it is familiar with the towing and impoundment requirements of the City and is capable of rendering all services as required in this Agreement. Contractor acknowledges that it has made a thorough independent investigation as to its undertakings under this Agreement and as to the actual conditions and requirements of the work and the amount of work to be done. Contractor acknowledges that the City has not made and does not make any warranties or representations with respect to the City's obligations set forth in this Agreement except as provided in this Agreement. 9. City Inspections. Contractor will allow members of the City of Muskegon Police Department or other authorized City representatives to inspect the Contractor's lot or building, stored vehicles, office or other buildings and records relative to this Agreement whenever it is deemed necessary by the City. City reserves the right to conduct an audit at least twice a year of all bills and records relative to this Agreement. Contractor agrees to provide access to the records for inspection by the City and its auditors. 10. Cancellation of Agreement. This Agreement may be canceled by City upon two days written notice, delivered by hand or sent by ordinary mail addressed to the Contractor at Contractor's address provided in this Agreement. This Agreement may be cancelled, if, in the sole-judgment of the City's Director of Public Safety, the Contractor has not performed according to the terms of this Contract. This Agreement may be canceled by the Contractor upon 60 days written notice to City's Director of Public Safety. 11. Indemnification. Except as otherwise provided in this Section, City and its elected officials, appointed officials, employees and agents (collectively hereinafter referred to as the "Indemnified Persons"), will not be liable to Contractor for any reasons. Contractor will indemnify and hold City and the Indemnified Persons harmless from any loss, expenses, or liability of any nature (including attorneys' fees) due to any and all suits, demands, actions, legal or administrative proceedings or claims arising or resulting from or in connection with: a. Any act or failure to act including negligence or misrepresentation by the City or any Indemnified Person, whether attributable to the City or Contractor in connection with or resulting from this Agreement, the operations of Contractor, or any other activity; provided however, that Contractor will not be obligated to indemnify the City or any Indemnified Person under this Section including costs and counsel fees if a court of competent jurisdiction finds that the liability in question was caused by the intentional misconduct or gross negligence of Page 8 252 the City and any Indemnified Person unless the court determines that, despite the adjudication of liability but in view of all circumstances of the case, the City or any Indemnified Person is fairly and reasonably entitled to indemnification which the court considers proper; and/or b. The negligent performance by Contractor or its agents, employees, or officers of any work purportedly authorized to be performed under this Agreement; and/or c. Any loss or damage connected to or resulting from any work performed or authorized to be performed under this Agreement; and/or d. Any injury or damage to any person or property arising out of this Agreement or the Contractor's performance of this Agreement. If any action or proceeding is brought against the City or any Indemnified Person, connected to or resulting from any work performed or authorized to be performed under this Agreement, that action or proceeding will be defended by counsel to the City or the Contractor as City will determine. If the defense is by counsel to the City, the City will pay the costs of that defense including its counsel fees. If the City determines that the Contractor will defend the City or an Indemnified Person, the Contractor will immediately assume the defense at its sole costs. The Contractor and the City agree to act cooperatively in the defense of any action brought against the City and the Contractor to the greatest extent possible. The City agrees that it will not settle any action or proceeding against it without prior written consent of the Contractor, unless the City has provided written notice to the Contractor of its decision to waive any right to indemnification for the proposed settlement (including any costs, expenses or counsel fee associated therewith). Contractor will also indemnify City for all costs and expenses, including reasonable counsel fees, incurred in enforcing any obligation of the Contractor under this Agreement. 12. Non-Discrimination. Contractor covenants not to discriminate on the basis of race, color, religion, or national origin against any employee or applicant for employment to be employed in the performance of this Agreement with respect to his/her hire, compensation, tenure, terms, conditions or privileges of employment, and Contractor further covenants not to so discriminate against any other person using or attempting to use the facility and services described in this Agreement. Further, Contractor covenants to require similar covenants on the part of any sub-contractor(s) or agent(s) employed in the performance of this Agreement. Contractor will furnish his services on a fair, equal, and non- Page 9 253 discriminatory basis to all users. 13. Prevention and Satisfaction of Liens. Contractor agrees not to file, assert, prosecute, and will not allow construction, mechanic's or material men's liens to be filed or continued against any City property for services performed, or for materials, machine '1/ or equipment furnished in connection with the work to be performed by Contractor or by Contractor's sub-contractors. If any such lien is nevertheless filed, Contractor agrees, at Contractor's expense, to take any and all steps necessary and proper for the release, satisfaction and discharge of said lien. 14. Permits and Licensing. Contractor agrees to comply with all federal, state and local laws, ordinances, rules regulations and requirements that are now, or may in the future become, applicable to Contractor's business or equipment for the work to be performed pursuant to this Agreement. Contractor will provide employees who possess a Commercial Driver's License with the appropriate designation with providing service under this Agreement. It is Contractor's responsibility to provide services in compliance with the Americans' Disabilities Act. Contract will also meet the requirements of the Michigan Commercial Driver's License Standards, Federal Drug Free Workplace Act, the Elliott-Larson Act, the Michigan Civil Rights Act, and any other applicable employee related legislation. 15. State of Michigan Abandoned Vehicle Fee. Contractor agrees not to charge a customer the State of Michigan abandoned vehicle fee until the customer's vehicle is entered into the LEIN system as an abandoned vehicle. If Contractor fails to comply with this Section, then Contractor agrees to fully reimburse the customer, and pay City two times the amount of the abandoned vehicle fee (currently $40-so, Contractor would pay City $80 per occurrence). Contractor shall abide by state law and pay the required abandon vehicle fees to the Michigan Secretary of State. 16. Default. It is expressly agreed between the parties that if the impoundment or storage facilities described in this Agreement are vacated, abandoned or not maintained or operated in accordance with this Agreement, or if Contractor attempts to sell, convey or assign this Agreement, or if Contractor fails lo provide notices in a timely and proper manner in accordance with Public Act 1981, No. 104 as amended, or if Contractor defaults in any of the terms of this Agreement, or if Contractor fails to comply with any statutes, ordinances, rules, orders, regulations, or requirements of the federal, state and/or City government or of any and all of their departments and bureaus applicable to the premises and operations described in this Agreement, or if the Contractor files a petition in bankruptcy or be adjudicated as bankrupt, or make an assignment for the benefit of creditors, or take advantage of any insolvency act, City may elect to terminate this Agreement immediately and, if City elects to terminate this Page 10 254 Agreement because of the violation of this paragraph, upon such termination Contractor will compensate City for the loss suffered by reason of the termination and the default hereunder. 17. Right to Control. Contractor agrees to perform and supervise all work under this Agreement efficiently and in accordance with the highest standards of the industry. Contractor will be solely responsible for the means, methods, techniques, sequences and procedures for completing the work. 18. Miscellaneous. a. Sale or Assignment. This Agreement may not be assigned or sub- contracted without the City's prior written consent. Contractor's owner(s) agree not to sell or assign their interest, including their stock, membership interest, or assets in Contractor without City's prior written consent. b. Validity. The invalidity of any portion of this Agreement will not affect the remainder of the Agreement, unless the City so elects. Unless the City elects otherwise, if any terms of this Agreement shall be held invalid, illegal, or unenforceable in whole or in part, the validity of the other terms of this Agreement shall not be affected and shall remain in full force and effect. c. Governing Law. This Agreement will be governed by the laws of the State of Michigan. d. Entire Agreement. This Agreement represents the entire and integrated Agreement between the City and Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. e. Amendments. All amendments to this Agreement must be made in writing and signed by City and by Contractor. The parties have signed this Agreement the date first above set forth. City of Muskegon, a Michigan Municipal Corporation By: Mayor Contractor- Ramos Towing By: Owner Page 11 255 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 10, 2023 Title: Arena – Janitorial Contract Submitted By: Jake Laime Department: Arena Director Brief Summary: Seeking approval of the proposed amended Janitorial contract with Goodwill Industries to provide service to Trinity Health Arena. Detailed Summary: Staff is seeking the approval of the amendment to the current City Janitorial Contract with Goodwill Industries – West Michigan to include Trinity Health Arena. Goodwill Industries – West Michigan was recently approved for a one year extension to their current contract with the City of Muskegon to include DPW and City Hall. Goal/Focus Area/Action Item Addressed: Amount Requested: $1,080/event (60 events Amount Budgeted: max) Fund(s) or Account(s): 254 Fund(s) or Account(s): Recommended Motion: Authorize staff to add Trinity Health Arena to the amended City janitorial contract (Goodwill Industries – West Michigan) which was approved in 2020. Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting to sending to the Clerk. Immediate Division Head Information Technology Yes Other Division Heads Communication Legal Review No For City Clerk Use Only: Commission Action: 256 257 258 259 260 261 262 263 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 10th, 2023 Title: Boys & Girls Club Agreement Submitted By: Matt Schwemin Department: Public Works Brief Summary: Staff is seeking Commission approval to extend the staffing agreement with Boys and Girls Club through calendar year 2023. Detailed Summary & Background: Staff is proposing to extend the staffing agreement with Boys and Girls Club through calendar year 2023. Boys and Girls Club provided staffing to assist with our seasonal staffing needs during the 2022 calendar year, which was viewed positively by both parties. The original agreement was approved at the April 12th, 2022 Commission Meeting and included a clause that allowed for extension if approved by both parties. Staff is seeking commission approval for the extension. Goal/Focus Area/Action Item Addressed: Blight Cleanup Amount Requested: $40,000 Amount Budgeted: $40,000 Fund(s) or Account(s): 101-770-801 Fund(s) or Account(s): 101-770-801 Recommended Motion: Approve the extension of the staffing contract with Boys and Girls Club and authorize the Mayor and Clerk to sign. Approvals: Guest(s) Invited / Presenting Immediate Division Head Information Technology Other Division Heads Communication Yes Legal Review No For City Clerk Use Only: Commission Action: 264 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 January 10th, 2022 (231)724-6724 FAX (231)722-1214 Boys and Girls Club Clerk 900 W. Western Ave. (231)724-6705 FAX (231)724-4178 Muskegon, MI 49441 Comm. & Neigh. Services RE: Extension of Partnership Agreement (231)724-6717 Boys and Girls Club of the Muskegon Lakeshore. FAX (231)726-2501 Computer Info. Dear Mr. Randy Vander Weit: Technology (231)724-4126 FAX (231)722-4301 The City of Muskegon hereby requests that the Agreement be extended for the period of January 1, 2023 – December 31, 2023. The proposed budget for the extension period will be as listed in the Engineering (231)724-6707 previous contract with the discretion of the city. We have agreed this be taken into consideration FAX (231)727-6904 with this extension. Finance (231)724-6713 This modification is requested for the following reason(s): FAX (231)726-2325 Fire Department The City of Muskegon utilizes a contract to assist the City of Muskegon Parks Department. (231)724-6795 FAX (231)724-6985 The extension proposes to request approximately 15 seasonal employees & 2 field coordinators. Services include contract laborers for seasonal projects on an as-needed basis. Human Resources Co. (Civil Service) The City intends to solicit bids for a new contract in the fall of 2023. (231)724-6442 The City of Muskegon is an AA/EEO/ADA Employer. FAX (231)724-6840 Income Tax Thank you for your consideration of this request. (231)724-6770 FAX (231)724-6768 The City of Muskegon Mayor’s Office (231)724-6701 FAX (231)722-1214 Planning/Zoning (231)724-6702 By: Ken Johnson, Mayor Date FAX (231)724-6790 Police Department (231)724-6750 FAX (231)722-5140 Public Works And: Ann Meisch, Clerk Date (231)724-4100 FAX (231)722-4188 SafeBuilt Contractor (Inspections) (231)724-6715 FAX (231)728-4371 Treasurer (231)724-6720 By: Randy Vander Weit, Dir. Of Extended Programs Date FAX (231)724-6768 Water Billing (231)724-6718 FAX (231)724-6768 Water Filtration (231)724-4106 Department of Public Works & Utilities, 1350 E. Keating Avenue, Muskegon, MI 49442 FAX (231)755-5290 http://www.shorelinecity.com 265 CITY OF MUSKEGON CONTRACT FOR TEMPORARY STAFFING SERVICES This Agreement is effective upon execution between the City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street, Muskegon, MI 49443 (“City”) and the Boys and Girls Club of the Muskegon Lakeshore, of 900 W Western Avenue, Muskegon, MI 49441 (“Contractor”) with reference to the following facts: RECITALS A. Contractor requested to partner with the Public Works Department to maintain parks, landscaping and other facilities throughout the city. B. Contractor agreed to provide approximately eight staff in two teams of approximately four each, with one supervisor per team, to support the Public Works Department in maintaining the parks, landscaping and other facilities. NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Services. Contractor shall provide the following services: a. In the area known as the Business Improvement District (BID), including nearby parks and city properties, maintaining flower beds and other landscaping by removing weeds and other undesirable plants and items, turf maintenance using push mowers and other hand-operated equipment, picking up loose debris and refuse (trash), emptying refuse containers, and performing other cleaning and maintenance tasks as designated by Public Works Department Staff. b. Picking up loose debris and refuse (trash), emptying refuse containers, cleaning restrooms, and performing other cleaning and maintenance tasks as designated by Public Works Department Staff in parks and other City-owned properties. This effort is primarily envisioned at Beukema Playfield, Reese Playfield, Sheldon Park, and McCrea Playfield, however other parks or properties may be assigned by Public Works Department Staff in consultation with Contractor. c. During the months of June, July and August, the contractor will provide up to 35 hours of labor per week per employee. During April, May, September and October, the contractor will provide a reduced workforce to support critical efforts. The employees are students and will not have as much availability during the school year. 2. Equipment. The City shall supply safety equipment mandated for employees while on assignment with the City, together with other equipment described herein. BGCML Temporary Staffing Service Agreement Page 1 of 6 4 /15/22 – 10/31/22 266 a. The City shall supply hand-operated equipment that directly supports the tasks described in this agreement and other duties as assigned by Public Works Department Staff in consultation with the Contractor; examples of this equipment includes hand-operated lawn mowers, string trimmers, leaf blowers, hand tools such as rakes and spades, and cleaning equipment such as brushes and bottles. The City will provide materials to support the efforts, such as gasoline, string line, paper towel(s), cleaning solutions and refuse bags. b. If available for use, the City may supply a self-propelled utility cart to assist with refuse disposal, carrying equipment and staff relocation, based from a facility within or near the BID, for Contractor’s use. All operators of such a cart must be licensed within the State of Michigan to operate a motor vehicle and carry a current driver’s license. The City will provide materials to support the cart, such as gasoline. c. If available for use, the City may supply a motor vehicle and/or utility trailer to assist with refuse disposal, carrying equipment and staff relocation, based from the City’s Public Works Facility at 1350 E. Keating Avenue, Muskegon, MI 49442, for Contractor’s use. All operators of such a vehicle and/or utility trailer must be licensed within the State of Michigan to operate a motor vehicle and carry a current driver’s license. The City will provide materials to support the vehicle, such as gasoline. d. The City will perform any required maintenance on City-owned equipment. The City reserves the right, in its sole discretion, to withdraw the use of equipment if deemed in the best interest of the City. Any damage caused to rented or borrowed equipment is the responsibility of the Contractor. e. In the event the City is unable to provide equipment, and upon written approval from City, the Contractor may rent equipment that is deemed necessary for the Services. The City will provide materials to support rented equipment, such as gasoline and other consumables not included in rental costs. Maintenance of rented equipment shall be the responsibility of the Contractor. The City will reimburse the cost of the equipment rental at actual cost, including maintenance costs. 3. Expenses. Contractor shall be responsible to pay for all expenses incurred by Contractor related to the performance of its duties under this Agreement, except as described in Section 2.e of this agreement. 4. Contract Billing. City agrees to pay Contractor, in full consideration for the complete performance of Contractor’s obligations under this Agreement: a. Youth will be paid at a rate of $12/hour. b. Supervisors will be paid at a rate of $15/hour. BGCML Temporary Staffing Service Agreement Page 2 of 6 4 /15/22 – 10/31/22 267 c. For all labor, Contractor will bill a markup of 37.5% to cover taxes, insurance and administrative costs. Expenses, when reimbursable, will be billed at actual cost. 5. Payment. Contractor shall submit detailed invoices on a monthly basis for the prior month’s services. Payments according to this agreement are invoiced and paid on a monthly basis. Requests for payment shall be submitted on a detailed invoice to the City monthly for the previous month. The City agrees that payment shall be due on net 30-day terms. 6. Specific Reservations. City reserves the right to discontinue its use of temporary employees from contractor as it determines appropriate. 7. Terms and Termination. This Agreement shall be effective on the date of execution, and shall remain in full force and at the same terms through October 31, 2022, with an option to renew for an additional term, if mutually agreed upon by both parties as memorialized in a written and signed agreement. 8. Commencement and Damages. a. Commencement. Contractor shall commence performance under this Agreement upon its execution. The City shall notify Contractor of any violation of the Agreement. It shall be the duty of Contractor to remedy a Contractor violation. Failure to perform pursuant to this Agreement for a period in excess of five (5) consecutive scheduled, working days, or failure for a similar period, to perform in the manner required, and provided such failure is not a result of war, insurrection, riots, or acts of God, the City may, at its option and after written notice to Contractor, utilize any or all of Contractor’s equipment used in performance of this Agreement until such time the matter is resolved and the Contractor is performing under the terms of the Agreement. b. Appeal. The City’s determination regarding damages shall be final and binding on both parties unless appealed, in writing, to the City Manager or his designee within ten (10) working days after notice. The City Manager or his designee shall grant Contractor an informal hearing upon such request. The decision of the City Manager shall be final and binding. 9. Insurance and Indemnity. a. City Insurance Requirement. The contractor, and any and all of their subcontractors, shall not commence work under this contract until they have obtained the insurance required under this paragraph, and shall keep such insurance in force during the entire life of this contract. All coverage shall be with insurance companies licensed and admitted to do business in the State of Michigan and BGCML Temporary Staffing Service Agreement Page 3 of 6 4 /15/22 – 10/31/22 268 acceptable to City of Muskegon. The requirements below should not be interpreted to limit the liability of the Contractor. All deductibles and SIRs are the responsibility of the Contractor. b. Worker’s Compensation Insurance, including Employers’ Liability Coverage, in accordance with all applicable statutes of the State of Michigan. c. Commercial General Liability Insurance on an “Occurrence Basis” with limits of liability not less than $1,000,000 per occurrence and aggregate. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent, if not already included; (E) Deletion of all Explosion, Collapse, and Underground (XCU) Exclusions, if applicable. d. Automobile Liability, including Michigan No-Fault Coverages, with limits of liability not less than $1,000,000 per occurrence combined single limit for Bodily Injury, and Property Damage. Coverage shall include all owned vehicles, all non- owned vehicles, and all hired vehicles e. Additional Insured: Commercial General Liability and Automobile Liability, as described above, shall include an endorsement stating the following shall be Additional Insureds: The City of Muskegon, all elected and appointed officials, all employees and volunteers, agents, all boards, commissions, and/or authorities and board members, including employees and volunteers thereof. It is understood and agreed by naming the City of Muskegon as additional insured, coverage afforded is considered to be primary and any other insurance the City of Muskegon may have in effect shall be considered secondary and/or excess. f. Cancellation Notice: Worker’s Compensation Insurance, Commercial General Liability Insurance, and Automobile Liability Insurance, as described above, shall be endorsed to state the following: It is understood and agreed Thirty (30) days, Ten (10) days for non-payment of premium, Advance Written Notice of Cancellation, Non-Renewal, Reduction, and/or Material Change shall be sent to: City of Muskegon, Finance and Administrative Services Director, 933 Terrace St, PO Box 536, Muskegon, Michigan 49443-0536. g. Proof of Insurance Coverage. Contractor shall provide the City at the time the contracts are returned for execution, certificates and policies endorsing the City as additional insured as listed below: i. Two (2) copies of Certificates of Insurance for Workers’ Compensation Insurance, if applicable; ii. Two (2) copies of Certificate of Insurance for Commercial General Liability Insurance; and BGCML Temporary Staffing Service Agreement Page 4 of 6 4 /15/22 – 10/31/22 269 iii. If so requested, Certified Copies of all policies mentioned above will be furnished. If any of the above coverages expire during the term of this contract, Contractor shall deliver renewal certificates and/or policies to City at least ten (10) days prior to the expiration date. h. Indemnity. Contractor shall indemnify and save harmless the City against and from all costs, expenses, liabilities, claims, suits, action, and demands of every kind or nature, including reasonable attorney fees, by or on behalf of any person, party, or governmental authority whatsoever arising out of Contractor’s services performed under this agreement, Contractor’s failure to perform under this agreement, Contractor’s use of City equipment, or Contractor’s failure to comply with any laws, ordinances, requirements, orders, directions, rules, or regulations of any federal, state, county, or local governmental authority. 10. Income Tax Withholding. Contractor shall withhold income taxes from each employee, and pay such tax in accordance with the City of Muskegon Income Tax Ordinance and all applicable laws associated with that ordinance. Contractor shall require the same from each subcontractor, consultant or vendor used in the performance of his duties and obligations in this Agreement. City reserves the right to withhold payments otherwise due to Contractor to assure compliance with this Agreement or to cure such noncompliance. 11. General Provisions. a. Notices. Any notice that either party may give or is required to give under this Agreement shall be in writing, specify the position, department and location assigned, and, if mailed, shall be effective on the day it is delivered to the other party at the other party’s address set forth in this Agreement or at any other address that the other party provides in writing. Notices given in person are effective on the day they are given. Notices to the City must copy the City Attorney at 601 Terrace St., Muskegon, MI 49440. b. Governing Law. This Agreement is executed in accordance with, shall be governed by, and construed and interpreted in accordance with, the laws of the State of Michigan. c. Assignment or Delegation. Neither party shall assign all nor any portion of its rights nor obligations contained in this Agreement without express prior written approval of the other party, which approval may be withheld in the other party’s sole discretion. d. Entire Agreement. This Agreement and the documents specified in section 1 shall constitute the entire agreement, and shall supersede any other Agreements, written or oral, that may have been made or entered into, by, and between the parties with respect to the subject matter of this Agreement, and shall not be modified or BGCML Temporary Staffing Service Agreement Page 5 of 6 4 /15/22 – 10/31/22 270 amended except in a subsequent writing signed by the party against whom enforcement is sought. e. Binding Effect. This Agreement shall be binding upon, and to the benefit of, and be enforceable by, the parties and their respective legal representatives, permitted successors, and assigns. f. Waiver. City may waive all or any portion of damages without prejudicing its rights under this Agreement. g. Severability. Should any one or more of the provisions of this Agreement be determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions of this agreement shall not in any way be impaired or affected. h. Venue. The parties agree that, for purposes of any dispute in connection with this Agreement, the Muskegon County District or Circuit Court shall have exclusive personal and subject matter jurisdiction and venue. i. Survival. All representations, warranties, and covenants in this Agreement shall survive the signing of this Agreement. j. Written Clarification. In the event that there are inconsistencies within the Agreement, the Contractor shall immediately notify the City, in writing, for a determination, interpretation, clarification and/or prioritization of the inconsistencies. City and Contractor have executed this Agreement on the date written next to their signatures to be effective according to the term(s) stated in this document. Date: ,2022 CITY OF MUSKEGON By: Ken Johnson, Mayor And: Ann Meisch, Clerk Date: ,2022 BOYS AND GIRLS CLUB OF THE MUSKEGON LAKESHORE By: BGCML Temporary Staffing Service Agreement Page 6 of 6 4 /15/22 – 10/31/22 271 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 10th, 2023 Title: Community EnCompass Agreement Submitted By: Matt Schwemin Department: Public Works Brief Summary: Staff is seeking Commission approval to extend the staffing agreement with Community EnCompass through calendar year 2023. Detailed Summary & Background: Staff is proposing to extend the staffing agreement with Community EnCompass through calendar year 2023. Community EnCompass provided staffing to assist with our seasonal staffing needs during the 2022 calendar year, which was viewed positively by both parties. The original agreement was approved at the April 12th, 2022 Commission Meeting and included a clause that allowed for extension if approved by both parties. Staff is seeking commission approval for the extension. Goal/Focus Area/Action Item Addressed: Blight Cleanup Amount Requested: $21,000 Amount Budgeted: $21,000 Fund(s) or Account(s): 101-770-801 Fund(s) or Account(s): 101-770-801 Recommended Motion: Approve the extension of the staffing contract with Community EnCompass and authorize the Mayor and Clerk to sign. Approvals: Guest(s) Invited / Presenting Immediate Division Head Information Technology Other Division Heads Communication Yes Legal Review No For City Clerk Use Only: Commission Action: 272 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 January 10th, 2022 (231)724-6724 FAX (231)722-1214 Community enCompass Clerk 19 Hartford Ave (231)724-6705 FAX (231)724-4178 Muskegon, MI 49442 Comm. & Neigh. Services RE: Extension of Partnership Agreement (231)724-6717 Community enCompass FAX (231)726-2501 Computer Info. Dear Mrs. Mary McDonald: Technology (231)724-4126 FAX (231)722-4301 The City of Muskegon hereby requests that the Agreement be extended for the period of January 1, 2023 – December 31, 2023. The proposed budget for the extension period will be as listed in the Engineering (231)724-6707 previous contract with the discretion of the city. We have agreed this be taken into consideration FAX (231)727-6904 with this extension. Finance (231)724-6713 This modification is requested for the following reason(s): FAX (231)726-2325 Fire Department The City of Muskegon utilizes a contract to assist the City of Muskegon Parks Department. (231)724-6795 FAX (231)724-6985 The extension proposes to request approximately 15 seasonal employees & 1 field coordinator. Services include contract laborers for seasonal projects on an as-needed basis. Human Resources Co. (Civil Service) The City intends to solicit bids for a new contract in the fall of 2023. (231)724-6442 The City of Muskegon is an AA/EEO/ADA Employer. FAX (231)724-6840 Income Tax Thank you for your consideration of this request. (231)724-6770 FAX (231)724-6768 The City of Muskegon Mayor’s Office (231)724-6701 FAX (231)722-1214 Planning/Zoning (231)724-6702 By: Ken Johnson, Mayor Date FAX (231)724-6790 Police Department (231)724-6750 FAX (231)722-5140 Public Works And: Ann Meisch, Clerk Date (231)724-4100 FAX (231)722-4188 SafeBuilt Contractor (Inspections) (231)724-6715 FAX (231)728-4371 Treasurer (231)724-6720 By: Anetri’a Conyers Date FAX (231)724-6768 Water Billing (231)724-6718 FAX (231)724-6768 Water Filtration (231)724-4106 Department of Public Works & Utilities, 1350 E. Keating Avenue, Muskegon, MI 49442 FAX (231)755-5290 http://www.shorelinecity.com 273 CITY OF MUSKEGON CONTRACT FOR TEMPORARY STAFFING SERVICES This Agreement is effective upon execution between the City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street, Muskegon, MI 49440 (“City”) and Community enCompass, of 1105 Terrace Street, Muskegon, MI 49442 (“Contractor”), with reference to the following facts: RECITALS A. Contractor requested to partner with the Public Works Department to maintain parks, landscaping and other facilities throughout the city, primarily in the McLaughlin and Nelson neighborhoods. B. Contractor agrees to provide approximately ten to fifteen staff, with one supervisor per team of four to five students, to support the Public Works Department in maintaining the parks, landscaping and other facilities. NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Services. Contractor shall provide the following services: a. Picking up loose debris and refuse (trash), emptying refuse containers, cleaning restrooms, maintaining landscaping by removing weeds and other undesirable plants and items, and performing other cleaning and maintenance tasks as designated by Public Works Department Staff in parks and other City-owned properties. This effort is primarily envisioned at Marsh Field, McLaughlin Community Park, Clara Shepherd Park, the Dog Park, and Campbell Field, however other parks or properties may be assigned by Public Works Department Staff in consultation with Contractor. b. During the months of June, July and August, the contractor will provide up to 35 hours of labor per week per employee. During September and October, the contractor will provide a reduced workforce to support critical efforts. The employees are students and will not have as much availability during the school year. 2. Equipment. The City shall supply safety equipment mandated for employees while on assignment with the City, together with other equipment described herein. a. The City shall supply hand-operated equipment that directly supports the tasks described in this agreement and other duties as assigned by Public Works Department Staff in consultation with the Contractor; examples of this equipment Community enCompass Temporary Staffing Services Agreement Page 1 of 6 6 / 1 /22 – 10/31/22 274 includes hand tools such as rakes and spades, and cleaning equipment such as brushes and bottles. The City will provide materials to support the efforts, such as paper towel(s), cleaning solutions and refuse bags. b. If available for use, the City may supply a motor vehicle and/or utility trailer to assist with refuse disposal, carrying equipment and staff relocation, based from the City’s Public Works Facility at 1350 E. Keating Avenue, Muskegon, MI 49442, for Contractor’s use. All operators of such a vehicle and/or utility trailer must be licensed within the State of Michigan to operate a motor vehicle and carry a current driver’s license. The City will provide materials to support the vehicle, such as gasoline. c. The City will perform any required maintenance on City-owned equipment. The City reserves the right, in its sole discretion, to withdraw the use of equipment if deemed in the best interest of the City. Any damage caused to rented or supplied equipment is the responsibility of the Contractor. d. In the event the City is unable to provide equipment, and upon written approval from City, the Contractor may rent equipment that is deemed necessary for the Services. The City will provide materials to support rented equipment, such as gasoline and other consumables not included in rental costs. Maintenance of rented equipment shall be the responsibility of the Contractor. The City will reimburse the cost of the equipment rental at actual cost, including maintenance costs. 3. Expenses. Contractor shall be responsible to pay for all expenses incurred by Contractor related to the performance of its duties under this Agreement, except as described in Section 2.d of this agreement. 4. Contract Billing. City agrees to pay Contractor, in full consideration for the complete performance of Contractor’s obligations under this Agreement: a. Youth will be paid at a rate of $12/hour. b. Supervisors will be paid at a rate of $15/hour. c. For all labor, Contractor will bill a markup of 37.5% to cover taxes, insurance and administrative costs. Expenses, when reimbursable, will be billed at actual cost. 5. Payment. Contractor shall submit detailed invoices on a monthly basis for the prior month’s services. Payments according to this agreement are invoiced and paid on a monthly basis. Requests for payment shall be submitted on a detailed invoice to the City monthly for the previous month. The City agrees that payment shall be due on net 30-day terms. 6. Specific Reservations. City reserves the right to discontinue its use of temporary employees from contractor as it determines appropriate. Community enCompass Temporary Staffing Services Agreement Page 2 of 6 6 / 1 /22 – 10/31/22 275 7. Terms and Termination. This Agreement shall be effective on the date of execution, and shall remain in full force and at the same terms through October 31, 2022, with an option to renew for an additional term, if mutually agreed upon by both parties as memorialized in a written and signed agreement. 8. Commencement and Damages. a. Commencement. Contractor shall commence performance under this Agreement upon its execution. The City shall notify Contractor of any violation of the Agreement. It shall be the duty of Contractor to remedy a Contractor violation. Failure to perform pursuant to this Agreement for a period in excess of five (5) consecutive scheduled, working days, or failure for a similar period, to perform in the manner required, and provided such failure is not a result of war, insurrection, riots, or acts of God, the City may, at its option and after written notice to Contractor, utilize any or all of Contractor’s equipment used in performance of this Agreement until such time the matter is resolved and the Contractor is performing under the terms of the Agreement. b. Appeal. The City’s determination regarding damages shall be final and binding on both parties unless appealed, in writing, to the City Manager or his designee within ten (10) working days after notice. The City Manager or his designee shall grant Contractor an informal hearing upon such request. The decision of the City Manager shall be final and binding. 9. Insurance and Indemnity. a. City Insurance Requirement. The contractor, and any and all of their subcontractors, shall not commence work under this contract until they have obtained the insurance required under this paragraph, and shall keep such insurance in force during the entire life of this contract. All coverage shall be with insurance companies licensed and admitted to do business in the State of Michigan and acceptable to City of Muskegon. The requirements below should not be interpreted to limit the liability of the Contractor. All deductibles and SIRs are the responsibility of the Contractor. b. Worker’s Compensation Insurance, including Employers’ Liability Coverage, in accordance with all applicable statutes of the State of Michigan. c. Commercial General Liability Insurance on an “Occurrence Basis” with limits of liability not less than $1,000,000 per occurrence and aggregate. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form Community enCompass Temporary Staffing Services Agreement Page 3 of 6 6 / 1 /22 – 10/31/22 276 General Liability Extensions or equivalent, if not already included; (E) Deletion of all Explosion, Collapse, and Underground (XCU) Exclusions, if applicable. d. Automobile Liability, including Michigan No-Fault Coverages, with limits of liability not less than $1,000,000 per occurrence combined single limit for Bodily Injury, and Property Damage. Coverage shall include all owned vehicles, all non- owned vehicles, and all hired vehicles e. Additional Insured: Commercial General Liability and Automobile Liability, as described above, shall include an endorsement stating the following shall be Additional Insureds: The City of Muskegon, all elected and appointed officials, all employees and volunteers, agents, all boards, commissions, and/or authorities and board members, including employees and volunteers thereof. It is understood and agreed by naming the City of Muskegon as additional insured, coverage afforded is considered to be primary and any other insurance the City of Muskegon may have in effect shall be considered secondary and/or excess. f. Cancellation Notice: Worker’s Compensation Insurance, Commercial General Liability Insurance, and Automobile Liability Insurance, as described above, shall be endorsed to state the following: It is understood and agreed Thirty (30) days, Ten (10) days for non-payment of premium, Advance Written Notice of Cancellation, Non-Renewal, Reduction, and/or Material Change shall be sent to: City of Muskegon, Finance and Administrative Services Director, 933 Terrace St, PO Box 536, Muskegon, Michigan 49443-0536. g. Proof of Insurance Coverage. Contractor shall provide the City at the time the contracts are returned for execution, certificates and policies endorsing the City as additional insured as listed below: i. Two (2) copies of Certificates of Insurance for Workers’ Compensation Insurance, if applicable; ii. Two (2) copies of Certificate of Insurance for Commercial General Liability Insurance; and iii. If so requested, Certified Copies of all policies mentioned above will be furnished. If any of the above coverages expire during the term of this contract, Contractor shall deliver renewal certificates and/or policies to City at least ten (10) days prior to the expiration date. h. Indemnity. Contractor shall indemnify and save harmless the City against and from all costs, expenses, liabilities, claims, suits, action, and demands of every kind or nature, including reasonable attorney fees, by or on behalf of any person, party, or governmental authority whatsoever arising out of Contractor’s services performed Community enCompass Temporary Staffing Services Agreement Page 4 of 6 6 / 1 /22 – 10/31/22 277 under this agreement, Contractor’s failure to perform under this agreement, Contractor’s use of City equipment, or Contractor’s failure to comply with any laws, ordinances, requirements, orders, directions, rules, or regulations of any federal, state, county, or local governmental authority. 10. Income Tax Withholding. Contractor shall withhold income taxes from each employee, and pay such tax in accordance with the City of Muskegon Income Tax Ordinance and all applicable laws associated with that ordinance. Contractor shall require the same from each subcontractor, consultant or vendor used in the performance of his duties and obligations in this Agreement. City reserves the right to withhold payments otherwise due to Contractor to assure compliance with this Agreement or to cure such noncompliance. 11. General Provisions. a. Notices. Any notice that either party may give or is required to give under this Agreement shall be in writing, specify the position, department and location assigned, and, if mailed, shall be effective on the day it is delivered to the other party at the other party’s address set forth in this Agreement or at any other address that the other party provides in writing. Notices given in person are effective on the day they are given. Notices to the City must copy the City Attorney at 601 Terrace St., Muskegon, MI 49440. b. Governing Law. This Agreement is executed in accordance with, shall be governed by, and construed and interpreted in accordance with, the laws of the State of Michigan. c. Assignment or Delegation. Neither party shall assign all nor any portion of its rights nor obligations contained in this Agreement without express prior written approval of the other party, which approval may be withheld in the other party’s sole discretion. d. Entire Agreement. This Agreement and the documents specified in section 1 shall constitute the entire agreement, and shall supersede any other Agreements, written or oral, that may have been made or entered into, by, and between the parties with respect to the subject matter of this Agreement, and shall not be modified or amended except in a subsequent writing signed by the party against whom enforcement is sought. e. Binding Effect. This Agreement shall be binding upon, and to the benefit of, and be enforceable by, the parties and their respective legal representatives, permitted successors, and assigns. f. Waiver. City may waive all or any portion of damages without prejudicing its rights under this Agreement. g. Severability. Should any one or more of the provisions of this Agreement be Community enCompass Temporary Staffing Services Agreement Page 5 of 6 6 / 1 /22 – 10/31/22 278 determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions of this agreement shall not in any way be impaired or affected. h. Venue. The parties agree that, for purposes of any dispute in connection with this Agreement, the Muskegon County District or Circuit Court shall have exclusive personal and subject matter jurisdiction and venue. i. Survival. All representations, warranties, and covenants in this Agreement shall survive the signing of this Agreement. j. Written Clarification. In the event that there are inconsistencies within the Agreement, the Contractor shall immediately notify the City, in writing, for a determination, interpretation, clarification and/or prioritization of the inconsistencies. City and Contractor have executed this Agreement on the date written next to their signatures to be effective according to the term(s) stated in this document. Date: ,2022 CITY OF MUSKEGON By: Ken Johnson, Mayor And: Ann Meisch, Clerk Date: ,2022 COMMUNITY ENCOMPASS By: Community enCompass Temporary Staffing Services Agreement Page 6 of 6 6 / 1 /22 – 10/31/22 279 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 10th, 2023 Title: CLG Grant Application Submitted By: Dan VanderHeide Department: Public Works Brief Summary: Staff is seeking Commission approvals for a grant application related to conservation work at Hackley Park. Detailed Summary & Background: Staff has prepared a grant application to the State Historic Preservation Office (SHPO) through their Certified Local Government (CLG) program for funds to complete recommended conservation work at the five (5) sculptures within Hackley Park. The grant submittal package requires a commitment of matching funds and a resolution of support. Both are attached along with the conservators report that highlights the proposed work. Staff is seeking $62,440 in grant funds to cover the cost of identified conservation work at the monuments and proposing to match the grant application with an estimated $15,000 in cash expenses for equipment rental. If awarded for funding the work would be completed during the Fall of 2023. Grant applications are due on February 1st, 2023. Funds would be budgeted in 23/24 budget cycle if the grant is awarded with the proposed cash contribution coming from the General Fund line item for Public Art Maintenance. As noted in the Conservators Report we plan to also contract for work to be completed on the McKinley Statue and the Kearny Statue as they are of similar age and condition. These two structures are ineligible for grant funding (McKinley is privately owned, and Kearny is outside the designated historic district boundary). The owners of the McKinley statue are aware of this and have agreed to participate in the cost for that piece, the cost for the work at Kearny will be a city responsibility but is ineligible to count towards the match. Goal/Focus Area/Action Item Addressed: Blight Cleanup Amount Requested: Amount Budgeted: 23/24 - $96,520 ($77,440 Grant Eligible) 23/24 - $96,520 ($77,440 Grant Eligible) Fund(s) or Account(s): 101-901-801-092120 Fund(s) or Account(s): 101-901-801-092120 Recommended Motion: Approve the grant application to the CLG program and authorize the Clerk to sign the Commitment of Matching Funds and Resolution of Support. Approvals: Legal Review Guest(s) Invited / Presenting Immediate Division Head Information Technology Yes Other Division Heads Communication No For City Clerk Use Only: Commission Action: 280 Michigan Certified Local Government Program FY2023 CLG Grant Application Rehabilitation Planning and Rehabilitation Projects PROJECT INFORMATION Certified Local Government: Project Name: Property Name: Property Address: Historic Designation: Rehabilitation Projects: Provide the name of the resource individually listed in the National Register of Historic Places or, if the resource is listed as a contributing resource, provide the name of the National Register-listed district. Rehabilitation Planning Projects: Provide the name of the resource that is listed in the National Register or has been determined eligible for listing by SHPO. If the latter, also provide the approximate date (if known) that the resource was determined eligible. Property Owner Name: Primary Telephone Number: E-mail: Brief Project Summary (no more than 1-2 sentences): GRANT FUNDING REQUEST CLG Grant Request: $ Grants are reimbursable, and the applicant must demonstrate availability of the total project cost. Briefly describe the project funding source and kind: CLG Match (NOT REQUIRED): $ Total Project Amount: $ CLG INFORMATION Federal ID (EIN) Number: UEI Number: Certified Local Government Street Address: City: Zip Code: Project Coordinator Name: This individual must have complete knowledge of the day-to-day activities with the proposed grant-funded work. Primary Telephone Number: E-mail: Project Coordinator Street Address: City: Zip Code: 1 281 CLG LEGISLATIVE INFORMATION This information is used to notify your elected officials if a grant is awarded. U.S. Congressional District Number: State Senate District Number: State House of Representative District Number: CLG SPONSORSHIP APPLICANT INFORMATION (IF APPLICABLE) Complete ONLY if the CLG is applying on behalf of a non-profit organization or public entity. Name of Non-profit or Public Entity: Federal ID (EIN) Number: Nonprofit or Public Entity Contact Name: Telephone Number: E-mail: Street Address: City: Zip Code: PROJECT INFORMATION A. PROJECT GOALS 2 282 B. SCOPE OF WORK 3 283 C. PROJECT NEED D. PROJECT URGENCY E. PROJECT IMPACT 4 284 F. PROJECT CONSIDERATIONS Is the project related to one or more of the CLG’s goals and priorities as identified in the CLG’s last three annual reports and/or most recent program evaluation? If so, describe. Is the project related to one or more of the goals identified in the Michigan Statewide Historic Preservation Plan, 2020- 2025? If so, describe. If applicable, describe the relationship of the project to other community planning and development, economic development, revitalization initiatives, and/or cultural tourism efforts. Are there other entities or partnerships that will benefit from the project? How will the value of historic preservation be articulated through the project and how will the public be informed about the project? 5 285 PROJECT BUDGET Provide a project budget that matches the items described in the scope of work. All grant funds are paid on an expense reimbursement basis only. The applicant must have funds available for expenditures amounting to 100 percent of the project cost at the time of submittal. The subgrantee will be reimbursed for eligible expenses incurred (up to the grant amount) at the end of the project. SHPO will review and may make changes to the budget line items as submitted in the application. The final budget, as approved by SHPO, will become an attachment to the grant agreement. CASH IN-KIND PROJECT WORK ITEMS CLG FUNDS MATCH MATCH TOTAL $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ TOTAL COSTS: $ $ $ $ 6 286 WORK SCHEDULE On the following page, provide a work schedule that includes major project milestones. Remember that work cannot begin until the grant agreement is executed. Assume a July 2023 grant agreement date. Projects will have until September 30, 2025. This deadline is federally mandated. All project work, including billing and reporting, must be completed by September 1, 2025, to facilitate project close-out by September 30. No extensions will be given. Rehabilitation Planning Projects must include: • Procurement o Submit draft procurement materials to SHPO for approval (allow 14 days for review) o Solicit bids o Bids due o Submit bids and rationale for bidder selection to SHPO for approval (allow 14 days for review) o Submit draft consultant contract to SHPO for approval (allow 14 days for review) o SHPO comments and recommends changes, as necessary, for consultant contract o Executed contract submitted to SHPO • Project Work o Quarterly progress reports (due dates are January 15, April 15, July 15, and October 15) o Project kick-off meeting with CLG, SHPO, and consultant(s) o SHPO review of first and revised draft products (allow 30 days for review) o SHPO review of final products (allow 30 days for review) o Submission of completion report and reimbursement request to SHPO Rehabilitation Projects must include: • Procurement o SHPO pre-work site inspection o Submit draft procurement materials to SHPO for approval (allow 14 days for review) o Solicit bids o Bids due o Submit bids and rationale for bidder selection to SHPO for approval (allow 14 days for review) o Submit draft consultant contract to SHPO for approval (allow 14 days for review) o SHPO comments and recommends changes, as necessary, for consultant contract o Executed contract submitted to SHPO • Project Work o Quarterly progress reports (due dates are January 15, April 15, July 15, and October 15) o Install project sign and submit photo documentation of sign to SHPO o Deadline for SHPO to prepare historic preservation easement (allow 90 days) o Begin construction o Finish construction o Sign easement, record at Register of Deeds, submit original recorded easement to SHPO o SHPO final on-site inspection o Submission of completion report and reimbursement request to SHPO 7 287 Date Grant Agreement July 2023 Grant agreement executed Date Grant Project Work Items Date Project Reporting Every January 15, April 15, Submit Quarterly Progress Report to SHPO for review while project is active July 15, and October 15 Date Project Close-Out September 1, 2025 Submit Completion Report and Reimbursement Request September 30, 2025 SHPO review and approval of Completion Report and Reimbursement Request October 2025 Subgrantee receives reimbursement 8 288 CERTIFIED LOCAL GOVERNMENT AUTHORIZED SIGNATORY Signature: Date: _________________________________________________________________ ______________________ The grant application form must be signed and dated by the authorized contract signatory or another appropriate individual. Printed Name and Title: CLG Sponsorship (if applicable) Signature: Date: _________________________________________________________________ ______________________ The grant application form must be signed and dated by the authorized contract signatory or another appropriate individual. Printed Name and Title: APPLICATION CHECKLIST Include the following exhibits to complete the CLG grant application and check the appropriate boxes to indicate included exhibits. Please refer to the CLG Grant Manual for instructions. ☐ Exhibit A: Financial Certification ☐ Exhibit B: Resolution ☐ Exhibit C: Tax Incentive Certification ☐ Exhibit D: Deed and Ownership Information ☐ Exhibit E: Floodplain Certification ☐ Exhibit F: Letters of Support ☐ Exhibit G: Photographs, Maps, and Supporting Documentation • 9 289 SITE VISIT REPORT & PROPOSAL 473 W Fullerton Ave, Elmhurst IL 60126 847.491.0110 ThirdCoastConservation.com Visit Date September 22nd to 23rd, 2021 To Revision Date November 15th , 2022 Brenda Nemetz, Collections Manager Submitted By Lakeshore Museum Center Anna Weiss-Pfau, AIC-PA, Principal Conservator 630.308.0390 231-724-5532 3rdcoastconservation@gmail.com brenda@lakeshoremuseum.org L.Liparini Studio ◆ Third Coast Conservation, LLC (LTC) Project Conservation & Maintenance Assessment of City of Muskegon 5 Hackley Park Bronze Sculptures and 2 Additional Bronzes Conservation & Maintenance Assessment of Sculptures within the City of Muskegon Scope Third Coast Conservation was asked to assess 7 sculptures in Hackley Park in Muskegon, Michigan, 1 cannon, and 5 bronze sculptures, and 7 additional sculptures within the city. This Site Visit Report & Proposal Part 1 will cover the assessment, treatment proposals, and associated costs to conserve 7 Hackley Park Bronze Sculptures and cannon. Part 2 will include maintenance and treatment recommendations for the additional sculptures. Page 1 of 10 290 Hackley Park Sculptures 1. Civil War Monument – Aka “Soldiers and Sailors Monument” Joseph Carabelli 1889 Bronze / Granite Dimensions of Monument: 80’ (H) 30’ (W) 30’(W) (estimated) Liberty 12’ 4 Figures 7’ 1’10” 1’10” (average) This monument includes the Liberty sculpture at the top, with 4 other sculptures on the lower portion including an Artilleryman, Infantryman, Calvaryman, and Sailor. More in- depth descriptions are featured in the 1994, and 1997-1998 reports. The monument was examined from a 60’ articulated mobile elevated work platform. It was not sufficient to get very close to the Liberty statue. The use of a zoom lens on the DSLR camera was able to aid in the examination. Also note that the sculpture was examined in the rain, and so some areas of the sculptures may appear dark where they are wet. Some areas of the sculptures were dry and thus able to be properly examined. Previous Treatment The previous treatment in 1997-1998 included both the bronze and the stone. The bronze was washed to remove loosely adhered corrosion products, chemically patinated with hot potassium sulfide, and hot waxed. The granite was considered in excellent condition aside from a vertical crack on the stone that liberty is mounted to and washed. A Cleaning Report report from 2016 was provided and staff indicated that another maintenance likely occurred in 2018-2019. This includes details of condition issues. It was noted that 1 can of wax was used, and ¼ cup of detergent was used. It is not noted what type of wax or detergent was used. General Conditions pertaining to all 5 sculptures All 5 sculptures appear in good condition from afar. Up close, blue-green oxidation has begun to form in a spotted appearance, notably in areas of bolts, along the bottom edges of the base, high points/edges of elements including the bottoms or folds in pants, on top of each of the heads. This spotty appearance does seem consistent throughout each of the sculptures. When the sculpture is examined completely dry, there may be areas with more significant oxidized areas that may be unsightly. If this were the case, localized patination might be possible, but otherwise since it is mostly evenly oxidizing, simply waxing may be appropriate. Page 2 of 10 291 An unusual spotted and sometimes bubbling has appeared in areas where wax is often heavily applied. This may be because of a heavy application of wax in that area or a reaction due to a residue of a soap. All sculptures have soiling and insect residues and nests. The 2016 Cleaning Report indicates that the caulk is missing for several of the sculptures. It may be possible that the conservators in the 1998 treatment never applied caulk in order to provide for drainage of water. Notable is that each sculpture was never given an Incralac coating. This was likely chosen because it appears the previous work was performed from a lift or scaffolding and incralac is difficult to spray appropriately in-situ. Additionally, it must be replaced when it begins to fail every 7 years, and this may be difficult for the city to manage. Each sculpture was hot waxed during the 1998 treatment. Stone The monument’s stone (granite) was mostly in good condition. The most notable issue was that the stone, along with all of the other stone monuments appeared to have an uneven shades of yellow discoloration. This was not mentioned in the 1997 treatment report or 1994 Outdoor Sculpture Condition Survey. This phenomenon might appear in images in the 1994 survey, however it is difficult to discern because the pdf is a photocopy. On the side between the infantryman and the calvaryman there is a substantial amount of spalling on the side of the stone that is not present in the 1994 images. It is the conservator’s opinion that this yellow discoloration may have been slowly forming over time and is much more noticeable now than it was in 1994-1998. It is likely from a consolidation or water repellent treatment that is ageing, and it may have begun to cause spalling in certain areas, including that mentioned above. The original lead jointing and the crack on the stone top that were repaired in 1997-1998 appear in good condition. Liberty The Liberty sculpture was only examined from 60’, as the wrong lift size was delivered. Structurally, the sculpture appears in good condition. The dark line along the back of the proper right arm that was mentioned in 1994, was repaired in 1997-1998 treatment, and it appears to still be holding strong. In the 2016 cleaning report, it was noted that the eagle was corroded on top and bottom; unfortunately this could not be seen during this examination. Spots of crusts forming in crevices is evident. There are more significant areas of oxidation forming in bright green spots, including a yellow-green, likely from bird droppings. Sailor (west) Structurally the sailor appears in good condition. It was noted in the 1997-1998 treatment that the sailor’s cutlass (sword) was replaced. This was not present in the 2016 report it was noted that a replacement is in the museum’s storage until a conservator is hired to reattach it. As mentioned in the general conditions, the sailor’s neckerchief has spots of bubbling in the wax layer. The hat also has extensive green corrosion formation. Artilleryman (south) It was noted in the 2016 cleaning that there is a large spot of corrosion where the water drips on the statue from the granite above. This area may require patina correction, as it has become green/blue. Infantryman (east) The back of the infantryman’s hat appears heavily oxidized, and this may be an area that requires some patina correction. There is also extensive wax build up as well in crevices, which has also been previously noted. Cavalryman (north) Conditions consistent with the above and previous reports, including the missing nut on the back of the base. Page 3 of 10 292 Treatment Questions 1. How much would the city like us to address oxidation (blue-green spotting)? Would a wax removal and replacement with a tinted wax be sufficient, or just a spot treatment of more substantial oxidized areas, or full re-patination? Full repatination would be a much more substantial operation, including scaffolding or the deinstallation of the figures. A lacquer layer would also protect them further. The conservators would suggest the spot treatment, with a tinted wax at this time, as they have not completely oxidized and from the ground the oxidation is hard to see, but this may be a consideration for the future. Treatment Proposal Setup needs: 1 x 80’ lift and 1 x 40-60’ lift or scaffolding 1. Document before, during, and after treatment in written and photographic methods 2. Wash with a power washer, followed by water washing with 1% Orvus (detergent) and synthetic bristle brushes to remove dirt, dust, grime, accretions, followed by thorough water washing. 3. Come prepared to perform minor structural repair and patching, as well as toning of previous fills if they have degraded. 4. Remove wax completely on the entire sculptures with appropriate solvents. 5. Wash sculptures with distilled water to ensure any pervious soaps applied to the sculptures is removed or deactivated. 6. Excavate areas of bronze disease (light powdery green corrosion). This was not seen in the examination but it will likely be present in small areas, especially on the Liberty sculpture. 7. Perform minor patina correction with potassium sulfide for more unsightly and more heavily oxidizing areas. i. Area will be rinsed with distilled water, surface heated with a blow-torch, potassium sulfide applied. Testing will be performed to determine the timeline upon which the potassium sulfide should be rinsed with distilled water. 8. Treat the sculpture overall with benzotriazole (BTA) a corrosion inhibitor for bronze 3% in ethanol. 9. Hot-wax sculptures with Butcher’s Bowling Alley Wax. 2. Abraham Lincoln Charles Henry Neihaus 1899 Bronze / Granite Dimensions: Estimated 5’ (H) x 4’ (W) with 7’ tall base Condition Object is in good condition overall. On the surface there is red paint on the top of the base near the feet in small areas. There is significantly more oxidation over several surfaces and areas than the other sculptures in Hackley Park. This sculpture may be interacted with more often with the public, as it is much more climbable. The oxidation is along both of his legs, cloak, upper folds of his clothing and hair, the top surface of the base. The wax layer appears to be becoming cloudy overall by most significantly along the back of the chair. Review of the 2016 report does not indicate any major changes. Stone There appears to be the same yellowing of the stone as the Civil War Memorial, including some areas of spalling on the base. Treatment Proposal Setup needs: 1 x 40-60’ lift, ladders 1. Document before, during, and after treatment in written and photographic methods Page 4 of 10 293 2. Wash with a power washer, followed by water washing with 1% Orvus (detergent) and synthetic bristle brushes to remove dirt, dust, grime, accretions, followed by thorough water washing. 3. Remove red paint with appropriate solvents. 4. Come prepared to perform minor structural repair and patching as needed. 5. Remove wax completely on the entire sculpture with appropriate solvents. 6. Excavate areas of bronze disease (light powdery green corrosion). This was not seen in the examination but it will likely be present in small areas. 7. Perform patina correction with potassium sulfide for more unsightly and more heavily oxidizing areas including on Lincoln’s cloak and legs, top surface of the base. i. Area will be rinsed with distilled water, surface heated with a blow-torch, potassium sulfide applied. Testing will be performed to determine the timeline upon which the potassium sulfide should be rinsed with distilled water. 8. Treat the sculpture overall with benzotriazole (BTA) a corrosion inhibitor for bronze 3% in ethanol. 9. Hot-wax sculpture with tinted Butcher’s Bowling Alley Wax. 3. Ulysses S. Grant J. Massey Rhind 1899 Bronze/Granite Dimensions: Estimated 7’ (H) with 7’ tall base Condition Good condition. More areas of oxidation including on the strap, along the perimeter of the base. None disfiguring. Pooling on top of the base in oxidized iron, so there is likely an area of steel exposed that is causing this pooling; this was noted to have been growing in the 2016 notes. Same issues with the base. It was noted in the 2016 notes that the sword tip and ring from the sword strap were missing, and these on file in the Museum until a conservator can reattach them. No other new condition notes visible. Stone The same issues as noted for the other stone however this stone appears more significant drip-like yellow discoloration, as well as from the ferrous oxidation, and a blue/green along the top edge of the stone. Additionally, noted in 2016 was a white crystalline material along the edge. This should be tested for salts or lead. Treatment Proposal Setup needs: 1 x 40-60’ lift, ladders 1. Document before, during, and after treatment in written and photographic methods 2. Test white crystalline material for lead or salts. 3. Wash with a power washer, followed by water washing with 1% Orvus (detergent) and synthetic bristle brushes to remove dirt, dust, grime, accretions, followed by thorough water washing. 4. Come prepared to perform minor structural repair and patching as needed if the city would like the missing elements reattached. 5. Remove wax completely on the entire sculpture with appropriate solvents. 6. Excavate areas of bronze disease (light powdery green corrosion). This was not seen in the examination but it will likely be present in small areas. 7. Excavate area of ferrous corrosion and treat with tannic acid. 8. Perform patina correction with potassium sulfide for more unsightly and more heavily oxidizing areas if necessary. Page 5 of 10 294 i. Area will be rinsed with distilled water, surface heated with a blow-torch, potassium sulfide applied. Testing will be performed to determine the timeline upon which the potassium sulfide should be rinsed with distilled water. 9. Treat the sculpture overall with benzotriazole (BTA) a corrosion inhibitor for bronze 3% in ethanol. 10. Hot-wax sculpture with Butcher’s Bowling Alley Wax. 4. William Tecumseh Sherman J. Massey Rhind 1899 Bronze/Granite Dimensions: Estimated 7’ (H) with 7’ tall base Condition This sculpture in in good condition. The wax is ageing around the base, but this layer seems in otherwise good condition. There is more insect activity with this sculpture, including spider webs, growth and white spots. Highpoints exhibit some oxidation but not as significantly as other sculptures in this group. Corrosion particularly significant along the bottom edges where the sculpture meets the base. Stone The same issues as noted for the other stone however this stone has substantially more biological growth on it compared to the others. May suggest washing with D2 to kill the biological growth. The yellowing is more drip-like, as well as from the ferrous oxidation, and a blue/green along the top edge of the stone. Treatment Proposal Setup needs: 1 x 40-60’ lift, ladders 1. Document before, during, and after treatment in written and photographic methods 2. Wash with a power washer, followed by water washing with 1% Orvus (detergent) and synthetic bristle brushes to remove dirt, dust, grime, accretions, followed by thorough water washing. a. This treatment would also include the base, followed by the use of D2 biological solution to try to reduce the biological growth on the base. 3. Come prepared to perform minor structural repair and patching as needed. 4. Remove wax completely on the entire sculpture with appropriate solvents. 5. Excavate areas of bronze disease (light powdery green corrosion). This was not seen in the examination but it will likely be present in small areas. 6. Excavate area of ferrous corrosion and treat with tannic acid. 7. Perform patina correction with potassium sulfide for more unsightly and more heavily oxidizing areas if necessary. This is not likely as no areas were particularly distracting, but it will be prepared for. a. Area will be rinsed with distilled water, surface heated with a blow-torch, potassium sulfide applied. Testing will be performed to determine the timeline upon which the potassium sulfide should be rinsed with distilled water. 8. Treat the sculpture overall with benzotriazole (BTA) a corrosion inhibitor for bronze 3% in ethanol. 9. Hot-wax sculpture with Butcher’s Bowling Alley Wax. Page 6 of 10 295 5. William McKinley Charles Henry Niehaus/Joseph Carabelli 1899 Bronze/Granite Condition Structurally stable. Small areas of oxidation beginning in crevices, as well as significant biological growth particularly along the interior of the jacket. The sculpture overall exhibiting significant deterioration in a previously applied wax layer, as it appears to be blooming throughout, particularly the jacket. White oxidation running down the side of the jacket along the arm. Proper left shoulder may have an additional darkening phenomenon occurring, potentially a biological growth or a past treatment. Stone The stone base is in good condition and had just been power washed when the conservator arrived. This sculpture was not maintained by the city or museum in previous years. Treatment Proposal Setup needs: ladders, rolling scaffold – this sculpture is located on top of a stone monumental base platform with a flower bed immediately behind the platform, so a lift would likely not be desired. Conservators will attempt the work with a rolling scaffold with outriggers and ladders from the front 1. Document before, during, and after treatment in written and photographic methods 2. Wash with a power washer, followed by water washing with 1% Orvus (detergent) and synthetic bristle brushes to remove dirt, dust, grime, accretions, followed by thorough water washing. 3. Come prepared to perform minor structural repair and patching as needed if the city would like the missing elements reattached. 4. Remove wax completely on the entire sculpture with appropriate solvents. 5. Excavate areas of bronze disease (light powdery green corrosion). This was not seen in the examination but it will likely be present in small areas. 6. Perform patina correction with potassium sulfide for more unsightly and more heavily oxidizing areas if necessary. This was not visible but conservators will be prepared if needed. i. Area will be rinsed with distilled water, surface heated with a blow-torch, potassium sulfide applied. Testing will be performed to determine the timeline upon which the potassium sulfide should be rinsed with distilled water. 7. Treat the sculpture overall with benzotriazole (BTA) a corrosion inhibitor for bronze 3% in ethanol. 8. Hot-wax sculpture with Butcher’s Bowling Alley Wax. Page 7 of 10 296 6. General Philip Kearny Henry Kirke Brown 1901 Bronze/Granite Located in Pocket park Dimensions: Estimated 7’ (H) on 7’ tall stone base Condition Object viewed in the rain. Object is in generally good condition. Oxidation was more significant along edges and highpoints, as well as corrosion along the base of the bronze around the pedestal. As noted in the 2016 notes, there is a missing sword strap. This wax appears in better condition, and may not require the wax to be completely removed, but it may required when able to be viewed up close in drier conditions. Treatment Proposal Setup needs: ladders, rolling scaffold with outriggers 1. Document before, during, and after treatment in written and photographic methods 2. Wash with a power washer, followed by water washing with 1% Orvus (detergent) and synthetic bristle brushes to remove dirt, dust, grime, accretions, followed by thorough water washing. 3. Come prepared to perform minor structural repair and patching as needed if the city would like the missing elements reattached if they have the strap. 4. Remove wax completely on the entire sculpture with appropriate solvents. 5. Excavate areas of bronze disease (light powdery green corrosion). This was not seen in the examination but it will likely be present in small areas. 6. Treat the sculpture overall with benzotriazole (BTA) a corrosion inhibitor for bronze 3% in ethanol. 7. Hot-wax sculpture with Butcher’s Bowling Alley Wax. 7. Admiral Farragut Charles Henry Niehaus 1899 Bronze/Granite Dimensions: Estimated 7’ (H) on 7’ tall base Condition Good condition overall. Areas of oxidation appearing on the proper left leg, as well as other high points like the cloak’s edge and top of binoculars. The strap on the back appears to be hanging inappropriately and has damaged part of the cloak. This should be checked against historic images to see if this is to be reassembled in a different way. Part of that strap is scratched as well and has a green oxidation forming. Bright green, likely bronze disease (bright green corrosion) forming under the back of the hair. Conservator does not see a rusty area on the back as noted in 2016 but it could be the lighting and should be examined further once a lift is procured. Stone Same yellow discoloration phenomenon on the base as the other monuments. Treatment Proposal Setup needs: 1 x 40-60’ lift, ladders Page 8 of 10 297 1. Document before, during, and after treatment in written and photographic methods 2. Wash with a power washer, followed by water washing with 1% Orvus (detergent) and synthetic bristle brushes to remove dirt, dust, grime, accretions, followed by thorough water washing. 3. Come prepared to perform minor structural repair and patching as needed if the city would like the missing elements reattached if they have the strap. 4. Remove wax completely on the entire sculpture with appropriate solvents. 5. Excavate areas of bronze disease (light powdery green corrosion). This was not seen in the examination but it will likely be present in small areas. 6. Treat the sculpture overall with benzotriazole (BTA) a corrosion inhibitor for bronze 3% in ethanol. 7. Come prepared to do additional patina work but likely not necessary. 8. Hot-wax sculpture with Butcher’s Bowling Alley Wax. Images Images are available for download from the following Google Drive link. The link will expire in 2 months from the date of this report. https://drive.google.com/drive/folders/1jya7eFaEv273u8hb3ZjC1GeOWXsW-hdT?usp=sharing Estimate City to provide quick coupler and water hookup for Hackley Park. Equipment & Rental Requirements Object Object Name Treatment Proposed Major Equipment Needed Rental Costs # 1 Civil War Monument Wax removal, minor Scaffolding or 80’ lift rental Provided by city 2 Abraham Lincoln corrosion treatment 20’ Lift Rental Provided by city 3 Ulysses S. Grant and patina 4 William Tecumseh correction, hot wax Sherman 7 Admiral Farragut 5 William McKinley Ladders/rolling scaffolding Provided by city 6 General Philip Kearny Total $0 Page 9 of 10 298 Project Costs Trip 1 – Treatment: 4 perimeter Hackley park sculptures Equipment: City will provide 2 x 34’ lifts, ladders, water hookup Daily Rate $920/per 4 people 5 days 18,400 Transportation, 2-3 vehicles 408 miles $0.58/mile 2 cars 480 Administration/reports/documentation 900 Per Diem $60 4 people 5 days 1200 Hotel $250 4 nights 4 rooms 4000 Total 1/3 $21,680 Trip 2 – Treatment: Civil War monument with other crew Equipment City will provide bring baker scaffolding with outriggers and 1 x 34’ lift (or 2 lifts), ladders, water hookup Daily Rate $920/per 3 people 5 days 13,800 Transportation, 2-3 vehicles 408 miles $0.58/mile 2 cars 480 Administration/reports/documentation 900 Per Diem $60 4 people 5 days 900 Hotel $250 4 nights 3 rooms 3000 Total 2/3 19,080 Trip 3— Treatment: Civil war monument Equipment: City will provide 1 x 80’ lift and 1 x 34’ lift, or full monument scaffolding, water hookup Daily Rate $920/per 4 people 5 days 18,400 Transportation, 2-3 vehicles 408 miles $0.58/mile 2 cars 480 Administration/reports/documentation 900 Per Diem $60 4 people 5 days 1200 Hotel $250 4 nights 4 rooms 4000 Total 3/3 $21,680 TOTAL: Hackley Park Sculptures: $62,440 Trip 4— Treatment: McKinley and Kearny Equipment: City will provide 1 x 80’ lift and 1 x 34’ lift, or full monument scaffolding, water hookup Daily Rate $920/per 3 people 5 days 13,800 Transportation, 2-3 vehicles 408 miles $0.58/mile 2 cars 480 Administration/reports/documentation 900 Per Diem $60 3 people 5 days 900 Hotel $250 4 nights 3 rooms 3000 Total 3/3 $19,080 Page 10 of 10 299 City of Muskegon COMMITMENT OF MATCHING FUNDS for Muskegon Historic District Monument Conservation WHEREAS, Muskegon City Commission commits the necessary matching funding for an application titled, “Muskegon Historic District Monument Conservation” to the Michigan State Historic Preservation Office within the 2023 Certified Local Government (CLG) Grant Program for completion of conservation work on the monuments within Hackley Park; and, WHEREAS, the City of Muskegon desires to ensure continued care for the monuments within the site; and, WHEREAS, the proposed application is supported by the Historic District Commission; and, WHEREAS, funding is available from the State Historic Preservation Office to support conservation projects of this nature, and WHEREAS, the City of Muskegon is hereby making a financial commitment to the project in the amount of $15,000 matching funds in cash from the Cities General Fund should the project be selected for grant award; and NOW, THEREFORE LET IT BE RESOLVED, that Muskegon City Commissioners hereby authorizes and supports submission of a 2023 CLG Grant for $62,440 for completion of Muskegon Historic District Monument Conservation, and further resolves to make available its financial obligation amount of $15,000 for a total project cost of $77,440 during the Cities 2023-2024 fiscal year. Yeas: Nays: Absent: I certify that the above Resolution was adopted by the City Commission of the City of Muskegon on January 10th, 2023. BY: Ann Meisch, City Clerk ______________________________________________________________________________ Signature Date 300 City of Muskegon RESOLUTION OF SUPPORT for Muskegon Historic District Monument Conservation WHEREAS, THE City Of Muskegon will file an application to the Michigan State historic Preservation Office (SHPO) for the Certified Local Government Grant program in the amount of $62,440 for the Muskegon Historic District Monument Conservation, and; WHEREAS, the City of Muskegon acknowledges that the Certified Local Government Grant Program is an expense reimbursement program. The City of Muskegon authorizes expenditures in the amount of $77,440 for the project work, with funds drawn from the City General Fund, and; WHEREAS, the City of Muskegon acknowledges that reimbursement will be made upon completion of final project work, SHPO acceptance of the final completion report, SHPO audit and acceptance of financial documents for eligible costs and SHPO acceptance of a historic preservation easement recorded at the Register of Deeds, and; WHEREAS, upon approval of the application by the SHPO the DPW Director shall be authorized to sign the grant agreement, any necessary grant agreement amendments, and other agreement-related documents, and; WHEREAS, the DPW Director is appointed as the Grant Project Manager who will oversee the day-to- day grant management and grant administration duties, including vendor selection and coordinating the payment of vendor invoices; WHEREAS, upon completion of the project, the DPW Director shall be required to and is authorized to sign the required historic preservation easement and record it at the County Register of Deeds before the grant reimbursement will be processed by the SHPO; NOW, THEREFORE LET IT BE RESOLVED, that City of Muskegon directs the DPW Director to file an application for a grant from the SHPO Certified Local Government Program for $62,440; and FURTHER, LET IT BE RESOLVED, that the DPW Director be authorized to sign the grant application and any additional grant documentation, and to take any additional administrative actions necessary to implement this resolution. Yeas: Nays: Absent: I certify that the above Resolution was adopted by the City Commission of the City of Muskegon on January 10th, 2023. BY: Ann Meisch, City Clerk ______________________________________________________________________________ Signature Date 301 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 10th, 2023 Title: Treasury Office Fire Doors Submitted By: Dan VanderHeide Department: Public Works Brief Summary: Staff is seeking Commission approval to award replacement of the fire doors at the Treasury Desk. Detailed Summary & Background: The existing fire safety doors at the Treasury Department that automatically deploy in the event of a fire alarm are currently non-functional and in need of replacement. These doors are a building code requirement for compliance and need to be replaced. Staff solicited bids for the project and bids were received as follows and attached: Overhead Door - $45,626.00 Firefighter Sales and Service - $60,000.00 Garage Door Specialist – Did Not Bid Quality Door – Did Not Bid Staff estimates the need to expend an additional $8,000 to complete the miscellaneous items that are not included in the original bid. These items will be procured at the staff level in accordance with the applicable provisions of the City Purchasing Policy. This item was anticipated in the 22/23 budget cycle and funds will be drawn from the original budget line item 101-801-901-092109 Goal/Focus Area/Action Item Addressed: N/A Amount Requested: $45,626.00 Amount Budgeted: $60,000.00 Fund(s) or Account(s): 101-801-901-092109 Fund(s) or Account(s): 101-801-901-092109 Recommended Motion: Approve the low bid from Overhead Door in the amount of $45,626.00 for the replacement of the Treasury Department Fire Doors. Approvals: Legal Review Guest(s) Invited / Presenting Immediate Division Head Information Technology Yes Other Division Heads Communication No For City Clerk Use Only: Commission Action: 302 303 304 FIRE-FIGHTER SALES & SERVICE, INC. 3015 Madison Avenue, SE Grand Rapids, MI 49548 Phone: 616-452-2184 Fax: 616-452-8886 Email: ffsales@firefightersales.com Web: www.firefightersales.com April 7, 2022 Muskegon City Hall 933 Terrace ST Muskegon , Mi 49440 Re: Fire Door Hi Terry, Fire Fighter Sales and Service is pleased to provide you with a proposal: (2) Amarr Cookson 17'0" x 17'0" Model ERD10 Rolling Fire Doors, AlarmGard Motors, (1) door is left hand drive, (1) door is right hand drive, hook to existing fire system, grey, mounted to steel, take out and haul away exising doors, install new doors and openers. Bulkheads and all building materials surrounding and enclosing door have to be removed by others before door install. *****All high and low voltage wiring by others, not included***** *****Submittals and shop drawings available on request***** Our Price as Described: $60,000.00 ( Sixty Thousand Dollars) We appreciate you looking to Fire Fighter Sales and Service for all your fire protection needs. Please feel free to contact me anytime with any questions or concerns at BryanH@firefightersales.com or 616-452-2184 Thanks, Bryan Hatchew Fire Fighter Sales & Service Website Fire Fighter Sales and Service FIRE ALARM SYSTEMS ∙ FIRE SUPPRESSION SYSTEMS ∙ NEW FIRE EXTINGUISHERS ∙ FIRE EXTINGUISHER SERVICE ∙ FIRE HOSE SMOKE & HEAT DETECTORS ∙ EMERGENCY & EXIT LIGHTING ∙ HYDROSTATIC TESTING ∙ FIRE PROTECTION CONSULTING & TRAINING 305 Acceptance of Proposal All outstanding invoices are subject to a 1.5% monthly finance charge on any balance past due over thirty (30) days. Until all amounts due under this proposal agreement or any amendments thereof have been paid. Fire Fighter Sales and Service, Inc. shall retain its security interest in all equipment parts, smallwares, accessories, attachments, additions, and all replacements of them installed, affixed to or used in connection herewith, and, if the buyer sells or otherwise disposes of such collateral in violation of the terms of this agreement, in proceeds of such sale or disposition. If buyer fails to pay, when due, any amount due to the seller, the seller may enter any premises and without breach of the peace take possession of any or all of the collateral hereunder and exercise the rights on default of a secured party under the uniform commercial code. Except as otherwise provided herein, this proposal does not include any charge for electrical wiring or plumbing and is subject to acceptance by buyer and seller within thirty (30) days from the date hereof and only in accordance with the terms stated. I agree to the scope of work, price, terms and exclusions hereof and agree to purchase described goods and services as proposed hereby. Customer Authorized Agent Signature Date 306 FIRE-FIGHTER SALES & SERVICE, INC. 3015 Madison Avenue, SE Grand Rapids, MI 49548 Phone: 616-452-2184 Fax: 616-452-8886 Email: ffsales@firefightersales.com Web: www.firefightersales.com FIRE ALARM SYSTEMS ∙ FIRE SUPPRESSION SYSTEMS ∙ NEW FIRE EXTINGUISHERS ∙ FIRE EXTINGUISHER SERVICE ∙ FIRE HOSE SMOKE & HEAT DETECTORS ∙ EMERGENCY & EXIT LIGHTING ∙ HYDROSTATIC TESTING ∙ FIRE PROTECTION CONSULTING & TRAINING 307 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 10th, 2023 Title: Dollar General Utility Easement Submitted By: Dan VanderHeide Department: Public Works Brief Summary: Staff is seeking Commission approval for a utility easement within 381 E. Laketon Avenue, where a soon- to-be rebuilt Dollar General store is making site changes. Detailed Summary & Background: Staff requested and the developer provided a utility easement document for rights across the rear parking lot of 381 Laketon Avenue, which is being rebuilt as a Dollar General store. The easement documents and related sketches are included in the packet. The easement will formalize property and maintenance rights for a long-standing sanitary sewer and storm sewer corridor (in a former alley). Goal/Focus Area/Action Item Addressed: Sustainability in financial practices and infrastructure 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 public utility easement agreement at 381 E. Laketon Avenue and authorize the Clerk to sign on the City’s behalf. Approvals: Legal Review Guest(s) Invited / Presenting Immediate Division Head Information Technology Yes Other Division Heads Communication No For City Clerk Use Only: Commission Action: 308 PUBLIC UTILITY EASEMENT THIS PUBLIC UTILITY EASEMENT (“Agreement”) dated ______________, 2022 between MIDWEST V, LLC, a Michigan limited liability company, whose address is 1435 Fulton Street, 2nd Floor, Grand Haven, Michigan 49417 (“Grantor”) and the City of Muskegon, a Michigan municipal corporation, whose address is 933 Terrace St., Muskegon, Michigan 49440-1397 (“City”). Recitals: A. Grantor owns a certain parcel of real estate that is located in the City of Muskegon, County of Muskegon, State of Michigan, which is more specifically described on the attached Exhibit A (“Property”). B. The City desires to obtain an easement under, across and through a portion of the Property. C. Grantor agrees to grant to the City a utility easement under, across and through a portion of the Property for the purposes as set forth in this Agreement. THEREFORE, in consideration of the mutual covenants, conditions and agreements set forth below, the parties hereto agree as follows: 1. Grant of Easement. In consideration of less than One Hundred Dollars ($100.00) plus other valuable consideration, Grantor grants and conveys to the City a permanent, non-exclusive easement and right-of-way under, across and through that portion of the Property as described in Exhibit B (“Easement Area”). 2. Purpose of the Easement. The City shall use the Easement Area for the purpose of constructing, operating, maintaining, repairing, improving or replacing the pipelines, connections, leads and all other components of the City’s sanitary sewer and storm sewer systems placed within the Easement Area (“Utility Activities”). 3. Access to the Easement Area. The City shall have the right of ingress and egress to the Easement Area from the public right-of-way, and, if necessary, through areas of the Property that are immediately adjacent to the Easement Area, in order to carry out the Utility Activities, subject to the following conditions: 1 309 a) Perform the Utility Activities without cost to Grantor and in such a manner as not to unreasonably interfere with Grantor’s use of or the business operations conducted on the Property. b) Restore the Easement Area (and any other portions of the Property that are disturbed or damaged by the City) without cost to Grantor after completion of the Utility Activities to the same condition as existed before any such Utility Activity was performed. If necessary, such restoration shall include re-grading and reseeding any lawn areas disturbed or damaged by the City’s activities. c) Exercise reasonable care to protect any fixed structures, landscaping and other improvements on the Property during the performance of Utility Activities. d) Grantor agrees not to construct any buildings or permanent structures on or within the Easement Area, unless prior written approval is given by the City for a particular building or structure. 4. Authority of Representatives. The parties represent and warrant to the other that this Agreement and its execution by the individual(s) on its behalf are authorized by members or governing body of that party. 5. Binding Effect. This Agreement shall bind the parties, and their successors and assigns. The parties do not intend to confer any benefits on any person, firm, corporation, or other entity which is not party to this Agreement. 6. Amendment. This Agreement shall not be amended or modified except in writing signed by both parties. 7. Governing Law. This Agreement is governed under applicable Michigan law. Both parties had the assistance of legal counsel in the negotiation and preparation of this Agreement. Therefore, no construction or ambiguity of this Agreement is resolved against either party. 8. Exemption from Transfer Tax. This Agreement is exempt from transfer tax pursuant to MCL 207.505(a) and MCL 207.526(a). [Remainder of Page Left Intentionally Blank. Signature Page Follows.] 2 310 MIDWEST V, LLC, a Michigan limited liability company By: _______________________ Name:_____________________ Its:________________________ STATE OF MICHIGAN ) ) ss. COUNTY OF ______________ ) The foregoing instrument was acknowledged before me on ___________ _____, 2022, by ______________________, the ____________ of Midwest V, LLC, a Michigan limited liability company, on behalf of said limited liability company. Print Name: Notary Public County, MI My commission expires: Acting in ________________________ County CITY OF MUSKEGON, a Michigan municipal corporation By: __________________________ Name:________________________ Its:___________________________ STATE OF MICHIGAN ) ) ss. COUNTY OF MUSKEGON ) The foregoing instrument was acknowledged before me on ___________ _____, 2022, by ____________________, the ______________ of the City of Muskegon, a Michigan municipal corporation, on behalf of said municipal corporation. Print Name: Notary Public County, MI My commission expires: Acting in Muskegon County Prepared By & After Recording Return To: Midwest V, LLC Scott M. Knowlton, Esq. 1435 Fulton St., 2nd Floor Grand Haven, MI 49417 3 311 EXHIBIT A Property Parcel 1: The East 15 feet of Lot 9 and entire Lots 10, 11, 12, 13 and 14 of VanDams Subdivision, of North 144 feet of Lot 1 of Block 1 of R. P. Easton's Second Subdivision of part of Section 32, Town 10 North, Range 16 West, City of Muskegon, Muskegon County, Michigan, as recorded in Liber 6 of Plats, Page 16, Muskegon County Records. Together with the vacated East and West alley running from Smith to Woods Streets, lying South of the South line of said lots and adjacent thereto. Parcel 2: Lots 11 and 12 of Block 1 of Subdivision of part of Lot 1, Block 1 of R. P. Easton's Second Subdivision of part of Section 32, Town 10 North, Range 16 West, City of Muskegon, Muskegon County, Michigan, except the North 20 feet of the South 25 feet of said Lots 11 and 12; also the vacated North and South alley lying between said Lots 11 and 12 of Block 1 of Subdivision of part of Lot 1, Block 1 of said R. P. Easton's Second Subdivision, except the South 25 feet thereof. Parcel 3: The North 20 feet of the South 25 feet of Lots 11 and 12 of Block 1 of Subdivision of part of Lot 1 of Block 1 of R. P. Easton's Second Subdivision and the South 25 feet of the vacated North and South alley lying between the North and South lines of said Lots 11 and 12, being the lands conveyed to the City of Muskegon by Deeds recorded in Liber 654, Page 563, and Liber 658, Page 168, in the Office of the Register of Deeds for said County of Muskegon. The property address and tax parcel number listed below are provided solely for informational purposes, without warranty as to accuracy or completeness. If the information listed below is inconsistent in any way with the legal description listed above, the legal description listed above shall control. Property Addresses: 381 E. Laketon Avenue, Muskegon, MI 49442 1827 Wood Street, Muskegon, MI 49442 Tax Parcel Nos.: 61-24-810-000-0010-00 61-24-762-001-0011-00 312 313 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 10, 2023 Title: Sale of 1320 Spring Street Submitted By: LeighAnn Mikesell Department: City Manager Brief Summary: Staff is requesting approval of a purchase agreement for 1320 Spring Street. Detailed Summary & Background: 1320 Spring Street was constructed through the agreement with Dave Dusendang to construct infill housing with ARPA funding. The offer is $2,580 over asking price and is contingent on the sale of the buyer’s current home. The earnest money deposit was increased because the offer is contingent. There are no seller concessions. The home will serve as a model home until mid-March. Goal/Focus Area/Action Item Addressed: Create an environment that effectively attracts new residents and retains existing residents by filling existing employment gaps, attracting new and diverse businesses to the city, and expanding access to a variety of high-quality housing options in Muskegon. Diverse housing types Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: To approve the purchase agreement for 1320 Spring Street and authorize the City Manager Jonathan Seyferth or Deputy City Manager LeighAnn Mikesell to sign. Approvals: Guest(s) Invited / Presenting Immediate Division Head Information Technology Other Division Heads Communication Yes No Legal Review For City Clerk Use Only: Commission Action: 314 dotloop signature verification: dtlp.us/OArF-geeP-n0c2 WEST MICHIGAN REGIONAL PURCHASE AGREEMENT # 1 DATE: 12/11/2022 , (time) MLS # 22050191 SELLING OFFICE: West Urban Realty LLC BROKER LIC.#: 6505429509 REALTOR® PHONE: 616-366-2459 LISTING OFFICE: West Urban Realty LLC REALTOR® PHONE: 6163662459 1. Effective Date: This Agreement is effective on the date of Seller's acceptance of Buyer's offer or Buyer's acceptance of any counteroffer, as the case may be, and this date shall hereafter be referred to as the "Effective Date". Further, any reference to "days" in this Agreement refers to calendar days. The first calendar day begins at 12:01 a.m. on the day after the Effective Date. Any reference to "time" refers to local time. 2. Agency Disclosure: The Undersigned Buyer and Seller each acknowledge that they have read and signed the Disclosure Regarding Real Estate Agency Relationships. The selling licensee is acting as (choose one): Agent/Subagent of Seller Buyer’s Agent Dual Agent (with written, informed consent of both Buyer and Seller) Transaction Coordinator Primary Selling Agent Name: Mariana Murillo VandDam Email: mariana@westurbanrealtymi. Lic.#: 6506015435 Alternate Selling Agent Name: Email: Lic.#: 3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.) Buyer has received the Seller’s Disclosure Statement, dated . Seller certifies to Buyer that the Property is currently in the same condition as Seller previously disclosed in that statement. Seller agrees to inform Buyer in writing of any changes in the content of the disclosure statement. Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by registered mail. Exceptions: Builder warranty started from the date of occupancy permit from the City of Muskegon Seller is exempt from the requirements of the Seller Disclosure Act. 4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached and will be an integral part of this Agreement. 5. Property Description: Buyer offers to buy the property located in the City Village Township of Muskegon , County of Muskegon County , Michigan, commonly known as (insert mailing address: street/city/state/zip code) 1320 Spring Street, Muskegon, MI 49442 with the following legal description and tax parcel ID numbers: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 2 BLK 269 PP# 24-205-269-0002-00 . The following paragraph applies only if the Premises include unplatted land: Seller agrees to grant Buyer at closing the right to make (insert number) na division(s) under Section 108(2), (3), and (4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or before , of the proposed division to create the Premises. 6. Purchase Price: Buyer offers to buy the Property for the sum of $ $175,480 one hundred seventy-five thousand four hundred eighty U.S. Dollars 7. Seller Concessions, if any: 0 8. Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.) SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below are currently available to Buyer in cash or an equally liquid equivalent. If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall receive a refund of Buyer’s Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price. CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual Agent verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information to Seller and/or Seller’s Agent. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement. NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to obtain a type (year) mortgage in the amount of % of the Purchase Price bearing interest at a rate not to exceed % per annum (rate at time of loan application), on or before the date the sale is to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to process the application, within days after the Effective Date, not to impair Buyers’ credit after the date such loan if offered. Seller Buyer will agree to pay an amount not to exceed $ representing repairs required as a condition of financing. Buyer agrees does not agree315to authorize Buyer’s Agent/Dual Agent to obtain information from ©Copyright, West Michigan REALTOR® Associations Page 1 of 6 Rev. Date 8/2022 WF AF Buyer’s Initials LM Seller’s Initials 12/12/22 12/11/22 12/13/22 7:26 AM EST 2:17 PM EST 5:20 PM EST dotloop signature verification: dtlp.us/OArF-geeP-n0c2 West Michigan Regional Purchase Agreement Page 2 of 6 Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent. Exceptions: contingent on loan against their current home. Seller gives buyer 60 days to process and close on loan. SELLER FINANCING (choose one of the following): CONTRACT or PURCHASE MONEY MORTGAGE In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer within 48 hours. Seller is advised to seek professional advice regarding the credit report. $ upon execution and delivery of a form (name or type of form and revision date), a copy of which is attached, wherein the balance of $ will be payable in monthly installments of $ or more including interest at % per annum, interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance will become due and payable months after closing. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions: EQUITY (choose one of the following): Formal Assumption or Informal Assumption Upon execution and delivery of: Warranty Deed subject to existing mortgage OR Assignment of Vendee Interest in Land Contract, Buyer to pay the difference (approximately $ ) between the Purchase Price above provided and the unpaid balance (approximately $ ) upon said mortgage or land contract, which Buyer agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions: OTHER: 9. Contingencies: Buyer’s obligation to consummate this transaction (choose one): IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer. IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at: A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest Money Deposit. IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing of a sale or exchange of Buyer’s property located at on or before . Seller will have the right to continue to market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions: 10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars; detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes: Microwave, dishwasher, fridge, stove, washer, and dryer, central l air but does not include: 1320 Spring Street, Muskegon, MI 49442 12/11/2022 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 8/2022 WF AF Buyer’s Initials LM Seller’s Initials 12/12/22 12/11/22 12/13/22 316 7:26 AM EST 2:17 PM EST 5:20 PM EST dotloop verified dotloop verified dotloop verified dotloop signature verification: dtlp.us/OArF-geeP-n0c2 West Michigan Regional Purchase Agreement Page 3 of 6 11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is expended through normal use. Exceptions: 12. Assessments (choose one): If the Property is subject to any assessments, Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless of any installment arrangements), except for any fees that are required to connect to public utilities. Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume and pay all other installments of such assessments. 13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all taxes billed after those addressed below. Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when property is transferred. No proration. (Choose one): Buyer Seller will pay taxes billed summer (year); Buyer Seller will pay taxes billed winter (year); Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment and prorated to the date of closing with Seller paying for January 1 through the day before closing. Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one): advance. arrears. Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions: 14. Well/Septic: Within ten (10) days after the Effective Date, (choose one) Seller or Buyer will arrange for, at their own expense, an inspection of the primary well used for human consumption (including a water quality test for coliform bacteria and nitrates) and septic systems in use on the Property. The inspection will be performed by a qualified inspector in a manner that meets county (or other local governmental authority, if applicable) protocol. If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may, within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as- is. Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract, Buyer will proceed to closing according to the terms and conditions of this Agreement. Other: na 15. Inspections & Investigations: Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be Buyer’s responsibility and expense. Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone. All inspections and investigations will be completed within ____ days after the Effective Date. If the results of Buyer’s inspections and investigations are not acceptable to Buyer, Buyer may, within the above referenced period, by written notice to Seller, either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be 1320 Spring Street, Muskegon, MI 49442 12/11/2022 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 8/2022 WF AF Buyer’s Initials LM Seller’s Initials 12/12/22 12/11/22 12/13/22 317 7:26 AM EST 2:17 PM EST 5:20 PM EST dotloop verified dotloop verified dotloop verified dotloop signature verification: dtlp.us/OArF-geeP-n0c2 West Michigan Regional Purchase Agreement Page 4 of 6 deemed to have accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this Agreement. Buyer has waived all rights under this Inspections & Investigations paragraph. Exceptions: 16. Municipal Compliances: Seller will arrange and pay for current certificates of occupancy, sidewalk compliance, and smoke detector ordinances, if applicable. 17. Title Insurance: Seller agrees to convey marketable title to the Property subject to conditions, limitations, reservation of oil, gas and other mineral rights, existing zoning ordinances, and building and use restrictions and easements of record. An expanded coverage ALTA Homeowner’s Policy of Title Insurance in the amount of the Purchase Price shall be ordered by Seller and furnished to Buyer at Seller’s expense, and a commitment to issue a policy insuring marketable title vested in Buyer, including a real estate tax status report, will be made available to Buyer within ten (10) days after the Effective Date. If Buyer so chooses, or if an expanded policy is not applicable, then a standard ALTA Owners’ Policy of Title Insurance shall be provided. If Buyer objects to any conditions, Buyer may, within three (3) days of receipt of the Title Commitment, by written notice to Seller, either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the Title Commitment as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and shall receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed to accept the Title Commitment as-is and will proceed to closing according to the terms and conditions of this Agreement. Exceptions: 18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property and the location of improvements thereon. Buyer or Seller (choose one) shall within ten (10) days of the Effective Date, order, at their expense, a boundary survey with iron corner stakes showing the location of the boundaries, improvements and easements in connection with the Property. Upon receipt of the survey, Buyer will have three (3) days to review the survey. If the survey shows any condition, in Buyer’s sole discretion, which would interfere with Buyer’s intended use of the Property, the marketability of the title, or zoning non-compliance, then Buyer may, within said three (3) day period, terminate this Agreement, in writing, and Buyer will receive a full refund of Buyer’s Earnest Money Deposit. No survey. Buyer has waived all rights under this paragraph. When closing occurs, Buyer shall be deemed to have accepted the boundaries of the Property and the location of such improvements thereon. Exceptions: Builders existing survey. 19. Home Protection Plan: Buyer and Seller have been informed that home protection plans may be available. Such plans may provide additional protection and benefit to the parties. Exceptions: 20. Prorations: Rent; association dues/fees, if any; insurance, if assigned; interest on any existing land contract, mortgage or lien assumed by Buyer; will all be adjusted to the date of closing. For the purposes of calculating prorations, it is presumed that Seller owns the Property through the day before closing. 21. Closing: If agreeable to Buyer and Seller, the sale will be closed as soon as closing documents are ready, but not later than 03/31/2023 . An additional period of fifteen (15) days will be allowed for closing to accommodate the correction of title defects or survey problems which can be readily corrected, or for delays in obtaining any lender required inspections/repairs. During this additional period, the closing will be held within 5 days after all parties have been notified that all necessary documents have been prepared. Buyer and Seller will each pay their title company closing fee, if applicable, except in the case of VA financing where Seller will pay the entire closing fee. Exceptions: 22. Pre-Closing Walk-Through: Buyer (choose one) reserves waives the right to conduct a final walk-through of the Property within three (3) days of the scheduled closing date. The purpose of the walk-through is to determine that the Property is in a substantially similar condition as of the Effective Date, any contractually agreed upon items have been fulfilled, and that any included personal property is still located at the Property. Buyer shall immediately report to Seller any objections to these conditions and Buyer’s requested corrective action. 23. Possession: Seller will maintain the Property in its present condition until the completion of the closing of the sale. Possession to be delivered to Buyer, subject to rights of present tenants, if any. At the completion of the closing of the sale. At a.m. p.m. on the day after completion of the closing of the sale, during which time Seller 1320 Spring Street, Muskegon, MI 49442 12/11/2022 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations WF AF Buyer’s Initials LM Seller’s Initials Revision Date 8/2022 12/12/22 12/11/22 12/13/22 7:26 AM EST 2:17 PM EST 5:20 PM EST 318 dotloop verified dotloop verified dotloop verified dotloop signature verification: dtlp.us/OArF-geeP-n0c2 West Michigan Regional Purchase Agreement Page 5 of 6 will have the privilege to occupy the Property and hereby agrees to pay Buyer $ na as an occupancy fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds. If Seller fails to deliver possession to Buyer on the agreed date, Seller shall become a tenant at sufferance and shall pay to Buyer as liquidated damages $ per day plus all of the Buyer’s actual reasonable attorney's fees incurred in removing the Seller from the Property. If Seller occupies the Property after closing, Seller will pay all utilities during such occupancy. Buyer will maintain the structure and mechanical systems at the Property. However, any repairs or replacements necessitated by Seller’s misuse, abuse, or neglect of any portion of the Property will be Seller’s responsibility and expense. On the agreed delivery date, Seller shall deliver the Property free of trash and debris and in broom-clean condition, shall remove all personal property (unless otherwise stated in this or an additional written agreement), shall make arrangements for final payment on all utilities, and shall deliver all keys to Buyer. Exceptions: 24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 5pm (time) on 12/12/2022 (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted by Seller, will constitute a binding Agreement between Buyer and Seller. An Earnest Money Deposit in the amount of $ $1000 shall be submitted to Transnation Title (insert name of broker, title company, other) within 72 hours of the Effective Date of this Agreement, and shall be applied against the Purchase Price. If the Earnest Money Deposit is not received within 72 hours of the Effective Date or is returned for insufficient funds, Seller may terminate this Agreement until such time as the Earnest Money Deposit is received. If Seller terminates this Agreement under this provision, Seller waives any claim to the Earnest Money Deposit. If the sale is not closed due to a failure to satisfy a contingency for a reason other than the fault of Buyer, the Earnest Money Deposit shall be refunded to Buyer. If the sale is not closed as provided in this Agreement and Buyer and Seller do not agree to the disposition of the Earnest Money Deposit, then Buyer and Seller agree that the Broker holding the Earnest Money Deposit may notify Buyer and Seller, in writing, of Broker’s intended disposition of the Earnest Money Deposit. If Buyer and Seller do not object to such disposition in writing within fifteen (15) days after the date of Broker’s notice, they will be deemed to have agreed to Broker’s proposed disposition; if either Buyer or Seller object and no mutually agreeable disposition can be negotiated, Broker may deposit the funds by interpleader with a court of proper jurisdiction or await further actions by Buyer and Seller. In the event of litigation involving the deposit, in whole or in part, either the Seller or the Buyer that is not the prevailing party, as determined by the court, will reimburse the other for reasonable attorneys’ fees and expenses incurred in connection with the litigation, and will reimburse the Broker for any reasonable attorneys’ fees and expenses incurred in connection with any interpleader action instituted. If the entity holding the Earnest Money Deposit is not the Broker, then to the extent that the terms of any escrow agreement conflict with this paragraph, then the terms and conditions of the escrow agreement shall control. 25. Professional Advice: Broker hereby advises Buyer and Seller to seek legal, tax, environmental and other appropriate professional advice relating to this transaction. Broker does not make any representations or warranties with respect to the advisability of, or the legal effect of this transaction. Buyer further acknowledges that REALTOR® above named in the Agreement hereby recommends to Buyer that an attorney be retained by Buyer to pass upon the marketability of the title and to ascertain that the required details of the sale are adhered to before the transaction is consummated. Buyer agrees that Buyer is not relying on any representation or statement made by Seller or any real estate salesperson (whether intentionally or negligently) regarding any aspect of the Property or this sale transaction, except as may be expressly set forth in this Agreement, a written amendment to this Agreement, or a disclosure statement separately signed by Seller. 26. Disclosure of Information: Buyer and Seller acknowledge and agree that the Purchase Price, terms, and other details with respect to this transaction (when closed) are not confidential, will be disclosed to REALTORS® who participate in the applicable Multiple Listing Service, and may otherwise be used and/or published by that Multiple Listing Service in the ordinary course of its business. 27. Other Provisions: Paragraph 8- will provide a quit claim deed vs a warranty deed. 1320 Spring shall be set up at a model home til 3/15/2023. Buyer to walk through for final touch up requests with builder. 28. Mergers and Integrations: This Agreement is the final expression of the complete agreement of Buyer and Seller, and there are no oral agreements existing between Buyer and Seller relating to this transaction. This Agreement may be amended only in writing signed by Buyer and Seller and attached to this Agreement. 29. Fax/Electronic Distribution and Electronic Signatures: Buyer and Seller agree that any signed copy of this Agreement, and any amendments or addendums related to this transaction, transmitted by facsimile or other electronic means shall be competent evidence of its contents to the same effect as an original signed copy. Buyer and Seller further agree that an electronic signature is the legal equivalent of a manual or handwritten signature, and consent to use of electronic signatures. Buyer and Seller agree that any notice(s) required or permitted under this Agreement may also be transmitted by facsimile or other electronic means. 30. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic 1320 Spring Street, Muskegon, MI 49442 12/11/2022 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations WF AF Buyer’s Initials LM Seller’s Initials Revision Date 8/2022 12/12/22 12/11/22 12/13/22 7:26 AM EST 2:17 PM EST 5:20 PM EST 319 dotloop verified dotloop verified dotloop verified dotloop signature verification: dtlp.us/OArF-geeP-n0c2 West Michigan Regional Purchase Agreement Page 6 of 6 communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’ license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme to steal funds or use your identity. 31. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer. Buyer 1 Address 190 2nd St, St Ignace, MI 49781 X William Fraser Buyer dotloop verified 12/12/22 7:26 AM EST TIAP-TQTL-SEQ7-SIXH Buyer 1 Phone: (Res.) 906-430-0090 (Bus.) William Fraser Print name as you want it to appear on documents. Buyer 2 Address 190 2nd St, St Ignace, MI 49781 X Angela Fraser Buyer dotloop verified 12/11/22 2:17 PM EST RHXC-OZFK-0G72-FHVJ Buyer 2 Phone: (Res.) 906-430-2056 (Bus.) Angela Fraser Print name as you want it to appear on documents. 32. Seller’s Response: The above offer is approved: As written. As written except: Earnest Deposit to be $3000 made to Transnation Title. Counteroffer, if any, expires 12/13/2022 , at 5pm (time). Seller has the right to withdraw this counteroffer and to accept other offers until Seller or Seller’s Agent has received notice of Buyer’s acceptance. 33. Certification of Previous Disclosure Statement: Seller certifies to Buyer that the Property is currently in the same condition as disclosed in the Seller’s Disclosure Statement dated (choose one): Yes No. Seller agrees to inform Buyer in writing of any changes in the content of the disclosure statement prior to closing. 34. Notice to Seller: Seller understands that consummation of the sale or transfer of the Property described in this Agreement will not relieve Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless otherwise agreed to by the lender or required by law or regulation. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form is available from the respective agents via the West Michigan REALTOR® Boards. 35. Listing Office Address: 255 W Western Ave, Muskegon, MI 49440 Listing Broker License # 6505429509 Listing Agent Name: Mariana Murillo VanDam Listing Agent License # 6506015435 36. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required below. X (Seller’s Signature, Date, Time): LeighAnn Mikesell dotloop verified 12/13/22 5:20 PM EST DMDP-RYLR-D05G-RMBA LeighAnn Mikesell Is Seller a U.S. Citizen or Resident Alien? Yes No* Print name as you want it to appear on documents. X (Seller’s Signature, Date, Time): Is Seller a U.S. Citizen or Resident Alien? Yes No* Print name as you want it to appear on documents. Seller’s Address: Seller’s Phone (Res.) (Bus) * If Seller(s) is not a U.S. Citizen or Resident Alien, there may be tax implications and Buyer and Seller are advised to seek professional advice. 37. Buyer’s Receipt/Acceptance: Buyer acknowledges receipt of Seller’s response to Buyer’s offer. In the event Seller’s response constitutes a counteroffer, Buyer accepts said counteroffer. All other terms and conditions in the offer remain unchanged. X (Buyer’s Signature, Date, Time): X (Buyer’s Signature, Date, Time): 38. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer. X (Seller’s Signature, Date, Time): LeighAnn Mikesell dotloop verified 12/13/22 5:20 PM EST 9GIO-5L6I-G2PF-94BY X (Seller’s Signature, Date, Time): 1320 Spring Street, Muskegon, MI 49442 12/11/2022 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 8/2022 WF AF Buyer’s Initials LM Seller’s Initials 12/12/22 12/11/22 12/13/22 320 7:26 AM EST dotloop verified 2:17 PM EST dotloop verified 5:20 PM EST dotloop verified Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 10, 2023 Title: Sale of 750 Leonard Avenue Submitted By: LeighAnn Mikesell Department: City Manager Brief Summary: Staff is requesting approval of a purchase agreement for 750 Leonard Avenue. Detailed Summary & Background: 750 Leonard Avenue was constructed through the agreement with Rudy Briggs to construct infill housing with ARPA funding. The offer is for full asking price with no seller concessions. Goal/Focus Area/Action Item Addressed: Create an environment that effectively attracts new residents and retains existing residents by filling existing employment gaps, attracting new and diverse businesses to the city, and expanding access to a variety of high-quality housing options in Muskegon. Diverse housing types Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: To approve the purchase agreement for 750 Leonard Avenue and authorize the City Manager Jonathan Seyferth or Deputy City Manager LeighAnn Mikesell to sign. Approvals: Guest(s) Invited / Presenting Immediate Division Head Information Technology Other Division Heads Communication Yes Legal Review No For City Clerk Use Only: Commission Action: 321 dotloop signature verification: dtlp.us/r9Uw-OeUR-9gqS WEST MICHIGAN REGIONAL PURCHASE AGREEMENT # DATE: 12/08/2022 , (time) MLS # 22045853 SELLING OFFICE: Five Star Real Estate BROKER LIC.#: 6505276328 REALTOR® PHONE: 231-349-2696 LISTING OFFICE: Terri L Kitchen Realtor REALTOR® PHONE: 231-760-9015 1. Effective Date: This Agreement is effective on the date of Seller's acceptance of Buyer's offer or Buyer's acceptance of any counteroffer, as the case may be, and this date shall hereafter be referred to as the "Effective Date". Further, any reference to "days" in this Agreement refers to calendar days. The first calendar day begins at 12:01 a.m. on the day after the Effective Date. Any reference to "time" refers to local time. 2. Agency Disclosure: The Undersigned Buyer and Seller each acknowledge that they have read and signed the Disclosure Regarding Real Estate Agency Relationships. The selling licensee is acting as (choose one): Agent/Subagent of Seller Buyer’s Agent Dual Agent (with written, informed consent of both Buyer and Seller) Transaction Coordinator Primary Selling Agent Name: Karrie Harris Email: KarrieHarrisRealtor02@gmail.com Lic.#: 6501313299 Alternate Selling Agent Name: Email: Lic.#: 3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.) Buyer has received the Seller’s Disclosure Statement, dated . Seller certifies to Buyer that the Property is currently in the same condition as Seller previously disclosed in that statement. Seller agrees to inform Buyer in writing of any changes in the content of the disclosure statement. Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by registered mail. Exceptions: N/A NEW CONSTRUCTION Seller is exempt from the requirements of the Seller Disclosure Act. 4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached and will be an integral part of this Agreement. 5. Property Description: Buyer offers to buy the property located in the City Village Township of Muskegon , County of Muskegon , Michigan, commonly known as (insert mailing address: street/city/state/zip code) 750 Leonard Avenue, Muskegon, MI 49442 with the following legal description and tax parcel ID numbers: Legal: LOT 7, EXCEPT THE WEST 30.44 FEET, LOT 8 ANDTHE WEST 5.33 FEET OF LOT 9 BLOCK 3, GUNNS SUBDIVISION OF PART OF BLOCK 2, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN PP# 6124405003000800 . The following paragraph applies only if the Premises include unplatted land: Seller agrees to grant Buyer at closing the right to make (insert number) NA division(s) under Section 108(2), (3), and (4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or before , of the proposed division to create the Premises. 6. Purchase Price: Buyer offers to buy the Property for the sum of $ 220,000.00 two hundred twenty thousand U.S. Dollars 7. Seller Concessions, if any: 0 8. Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.) SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below are currently available to Buyer in cash or an equally liquid equivalent. If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall receive a refund of Buyer’s Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price. CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual Agent verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information to Seller and/or Seller’s Agent. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement. NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to obtain a FHA MSHDA type 30 (year) mortgage in the amount of 97 % of the Purchase Price bearing interest at a rate not to exceed 7 % per annum (rate at time of loan application), on or before the date the sale is to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to process the application, within 5 days after the Effective Date, not to impair Buyers’ credit after the date such loan if offered. Seller Buyer will agree to pay an amount not to exceed $ representing repairs required as a condition of financing. Buyer agrees does not agree322to authorize Buyer’s Agent/Dual Agent to obtain information from ©Copyright, West Michigan REALTOR® Associations Page 1 of 6 Rev. Date 8/2022 JL BS Buyer’s Initials LM Seller’s Initials 12/08/22 12/08/22 12/15/22 4:10 PM EST 11:39 AM EST 12:01 PM EST dotloop signature verification: dtlp.us/r9Uw-OeUR-9gqS West Michigan Regional Purchase Agreement Page 2 of 6 Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent. Exceptions: SELLER FINANCING (choose one of the following): CONTRACT or PURCHASE MONEY MORTGAGE In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer within 48 hours. Seller is advised to seek professional advice regarding the credit report. $ upon execution and delivery of a form (name or type of form and revision date), a copy of which is attached, wherein the balance of $ will be payable in monthly installments of $ or more including interest at % per annum, interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance will become due and payable months after closing. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions: EQUITY (choose one of the following): Formal Assumption or Informal Assumption Upon execution and delivery of: Warranty Deed subject to existing mortgage OR Assignment of Vendee Interest in Land Contract, Buyer to pay the difference (approximately $ ) between the Purchase Price above provided and the unpaid balance (approximately $ ) upon said mortgage or land contract, which Buyer agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions: OTHER: 9. Contingencies: Buyer’s obligation to consummate this transaction (choose one): IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer. IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at: A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest Money Deposit. IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing of a sale or exchange of Buyer’s property located at on or before . Seller will have the right to continue to market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions: 10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars; detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes: Stove, refrigerator, microwave, dishwasher, central air but does not include: Washer and DryerN 750 Leonard Avenue, Muskegon, MI 49442 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 8/2022 JL BS Buyer’s Initials LM Seller’s Initials 12/08/22 12/08/22 12/15/22 323 4:10 PM EST 11:39 AM EST 12:01 PM EST dotloop verified dotloop verified dotloop verified dotloop signature verification: dtlp.us/r9Uw-OeUR-9gqS West Michigan Regional Purchase Agreement Page 3 of 6 11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is expended through normal use. Exceptions: N/A 12. Assessments (choose one): If the Property is subject to any assessments, Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless of any installment arrangements), except for any fees that are required to connect to public utilities. Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume and pay all other installments of such assessments. 13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all taxes billed after those addressed below. Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when property is transferred. No proration. (Choose one): Buyer Seller will pay taxes billed summer (year); Buyer Seller will pay taxes billed winter (year); Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment and prorated to the date of closing with Seller paying for January 1 through the day before closing. Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one): advance. arrears. Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions: 14. Well/Septic: Within ten (10) days after the Effective Date, (choose one) Seller or Buyer will arrange for, at their own expense, an inspection of the primary well used for human consumption (including a water quality test for coliform bacteria and nitrates) and septic systems in use on the Property. The inspection will be performed by a qualified inspector in a manner that meets county (or other local governmental authority, if applicable) protocol. If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may, within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as- is. Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract, Buyer will proceed to closing according to the terms and conditions of this Agreement. Other: City Services 15. Inspections & Investigations: Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be Buyer’s responsibility and expense. Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone. All inspections and investigations will be completed within ____ days after the Effective Date. If the results of Buyer’s inspections and investigations are not acceptable to Buyer, Buyer may, within the above referenced period, by written notice to Seller, either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be 750 Leonard Avenue, Muskegon, MI 49442 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 8/2022 JL BS Buyer’s Initials LM Seller’s Initials 12/08/22 12/08/22 12/15/22 324 4:10 PM EST 11:39 AM EST 12:01 PM EST dotloop verified dotloop verified dotloop verified dotloop signature verification: dtlp.us/r9Uw-OeUR-9gqS West Michigan Regional Purchase Agreement Page 4 of 6 deemed to have accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this Agreement. Buyer has waived all rights under this Inspections & Investigations paragraph. Exceptions: 16. Municipal Compliances: Seller will arrange and pay for current certificates of occupancy, sidewalk compliance, and smoke detector ordinances, if applicable. 17. Title Insurance: Seller agrees to convey marketable title to the Property subject to conditions, limitations, reservation of oil, gas and other mineral rights, existing zoning ordinances, and building and use restrictions and easements of record. An expanded coverage ALTA Homeowner’s Policy of Title Insurance in the amount of the Purchase Price shall be ordered by Seller and furnished to Buyer at Seller’s expense, and a commitment to issue a policy insuring marketable title vested in Buyer, including a real estate tax status report, will be made available to Buyer within ten (10) days after the Effective Date. If Buyer so chooses, or if an expanded policy is not applicable, then a standard ALTA Owners’ Policy of Title Insurance shall be provided. If Buyer objects to any conditions, Buyer may, within three (3) days of receipt of the Title Commitment, by written notice to Seller, either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the Title Commitment as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and shall receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed to accept the Title Commitment as-is and will proceed to closing according to the terms and conditions of this Agreement. Exceptions: 18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property and the location of improvements thereon. Buyer or Seller (choose one) shall within ten (10) days of the Effective Date, order, at their expense, a boundary survey with iron corner stakes showing the location of the boundaries, improvements and easements in connection with the Property. Upon receipt of the survey, Buyer will have three (3) days to review the survey. If the survey shows any condition, in Buyer’s sole discretion, which would interfere with Buyer’s intended use of the Property, the marketability of the title, or zoning non-compliance, then Buyer may, within said three (3) day period, terminate this Agreement, in writing, and Buyer will receive a full refund of Buyer’s Earnest Money Deposit. No survey. Buyer has waived all rights under this paragraph. When closing occurs, Buyer shall be deemed to have accepted the boundaries of the Property and the location of such improvements thereon. Exceptions: 19. Home Protection Plan: Buyer and Seller have been informed that home protection plans may be available. Such plans may provide additional protection and benefit to the parties. Exceptions: 20. Prorations: Rent; association dues/fees, if any; insurance, if assigned; interest on any existing land contract, mortgage or lien assumed by Buyer; will all be adjusted to the date of closing. For the purposes of calculating prorations, it is presumed that Seller owns the Property through the day before closing. 21. Closing: If agreeable to Buyer and Seller, the sale will be closed as soon as closing documents are ready, but not later than 02/28/2023 . An additional period of fifteen (15) days will be allowed for closing to accommodate the correction of title defects or survey problems which can be readily corrected, or for delays in obtaining any lender required inspections/repairs. During this additional period, the closing will be held within 5 days after all parties have been notified that all necessary documents have been prepared. Buyer and Seller will each pay their title company closing fee, if applicable, except in the case of VA financing where Seller will pay the entire closing fee. Exceptions: 22. Pre-Closing Walk-Through: Buyer (choose one) reserves waives the right to conduct a final walk-through of the Property within three (3) days of the scheduled closing date. The purpose of the walk-through is to determine that the Property is in a substantially similar condition as of the Effective Date, any contractually agreed upon items have been fulfilled, and that any included personal property is still located at the Property. Buyer shall immediately report to Seller any objections to these conditions and Buyer’s requested corrective action. 23. Possession: Seller will maintain the Property in its present condition until the completion of the closing of the sale. Possession to be delivered to Buyer, subject to rights of present tenants, if any. At the completion of the closing of the sale. At a.m. p.m. on the day after completion of the closing of the sale, during which time Seller 750 Leonard Avenue, Muskegon, MI 49442 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations JL BS Buyer’s Initials LM Seller’s Initials Revision Date 8/2022 12/08/22 12/08/22 12/15/22 4:10 PM EST 11:39 AM EST 12:01 PM EST 325 dotloop verified dotloop verified dotloop verified dotloop signature verification: dtlp.us/r9Uw-OeUR-9gqS West Michigan Regional Purchase Agreement Page 5 of 6 will have the privilege to occupy the Property and hereby agrees to pay Buyer $ as an occupancy fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds. If Seller fails to deliver possession to Buyer on the agreed date, Seller shall become a tenant at sufferance and shall pay to Buyer as liquidated damages $ per day plus all of the Buyer’s actual reasonable attorney's fees incurred in removing the Seller from the Property. If Seller occupies the Property after closing, Seller will pay all utilities during such occupancy. Buyer will maintain the structure and mechanical systems at the Property. However, any repairs or replacements necessitated by Seller’s misuse, abuse, or neglect of any portion of the Property will be Seller’s responsibility and expense. On the agreed delivery date, Seller shall deliver the Property free of trash and debris and in broom-clean condition, shall remove all personal property (unless otherwise stated in this or an additional written agreement), shall make arrangements for final payment on all utilities, and shall deliver all keys to Buyer. Exceptions: 24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until (time) on (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted by Seller, will constitute a binding Agreement between Buyer and Seller. An Earnest Money Deposit in the amount of $ 500.00 24/hr accep shall be submitted to Five Star Real Estate (insert name of broker, title company, other) within 72 hours of the Effective Date of this Agreement, and shall be applied against the Purchase Price. If the Earnest Money Deposit is not received within 72 hours of the Effective Date or is returned for insufficient funds, Seller may terminate this Agreement until such time as the Earnest Money Deposit is received. If Seller terminates this Agreement under this provision, Seller waives any claim to the Earnest Money Deposit. If the sale is not closed due to a failure to satisfy a contingency for a reason other than the fault of Buyer, the Earnest Money Deposit shall be refunded to Buyer. If the sale is not closed as provided in this Agreement and Buyer and Seller do not agree to the disposition of the Earnest Money Deposit, then Buyer and Seller agree that the Broker holding the Earnest Money Deposit may notify Buyer and Seller, in writing, of Broker’s intended disposition of the Earnest Money Deposit. If Buyer and Seller do not object to such disposition in writing within fifteen (15) days after the date of Broker’s notice, they will be deemed to have agreed to Broker’s proposed disposition; if either Buyer or Seller object and no mutually agreeable disposition can be negotiated, Broker may deposit the funds by interpleader with a court of proper jurisdiction or await further actions by Buyer and Seller. In the event of litigation involving the deposit, in whole or in part, either the Seller or the Buyer that is not the prevailing party, as determined by the court, will reimburse the other for reasonable attorneys’ fees and expenses incurred in connection with the litigation, and will reimburse the Broker for any reasonable attorneys’ fees and expenses incurred in connection with any interpleader action instituted. If the entity holding the Earnest Money Deposit is not the Broker, then to the extent that the terms of any escrow agreement conflict with this paragraph, then the terms and conditions of the escrow agreement shall control. 25. Professional Advice: Broker hereby advises Buyer and Seller to seek legal, tax, environmental and other appropriate professional advice relating to this transaction. Broker does not make any representations or warranties with respect to the advisability of, or the legal effect of this transaction. Buyer further acknowledges that REALTOR® above named in the Agreement hereby recommends to Buyer that an attorney be retained by Buyer to pass upon the marketability of the title and to ascertain that the required details of the sale are adhered to before the transaction is consummated. Buyer agrees that Buyer is not relying on any representation or statement made by Seller or any real estate salesperson (whether intentionally or negligently) regarding any aspect of the Property or this sale transaction, except as may be expressly set forth in this Agreement, a written amendment to this Agreement, or a disclosure statement separately signed by Seller. 26. Disclosure of Information: Buyer and Seller acknowledge and agree that the Purchase Price, terms, and other details with respect to this transaction (when closed) are not confidential, will be disclosed to REALTORS® who participate in the applicable Multiple Listing Service, and may otherwise be used and/or published by that Multiple Listing Service in the ordinary course of its business. 27. Other Provisions: 28. Mergers and Integrations: This Agreement is the final expression of the complete agreement of Buyer and Seller, and there are no oral agreements existing between Buyer and Seller relating to this transaction. This Agreement may be amended only in writing signed by Buyer and Seller and attached to this Agreement. 29. Fax/Electronic Distribution and Electronic Signatures: Buyer and Seller agree that any signed copy of this Agreement, and any amendments or addendums related to this transaction, transmitted by facsimile or other electronic means shall be competent evidence of its contents to the same effect as an original signed copy. Buyer and Seller further agree that an electronic signature is the legal equivalent of a manual or handwritten signature, and consent to use of electronic signatures. Buyer and Seller agree that any notice(s) required or permitted under this Agreement may also be transmitted by facsimile or other electronic means. 30. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic 750 Leonard Avenue, Muskegon, MI 49442 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations JL BS Buyer’s Initials LM Seller’s Initials Revision Date 8/2022 12/08/22 12/08/22 12/15/22 4:10 PM EST 11:39 AM EST 12:01 PM EST 326 dotloop verified dotloop verified dotloop verified dotloop signature verification: dtlp.us/r9Uw-OeUR-9gqS West Michigan Regional Purchase Agreement Page 6 of 6 communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’ license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme to steal funds or use your identity. 31. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer. Buyer 1 Address X Justin Lafever Buyer dotloop verified 12/08/22 4:10 PM EST BHSG-CBN6-MOMY-HH2U Buyer 1 Phone: (Res.) (Bus.) Justin Lafever Print name as you want it to appear on documents. Buyer 2 Address X Brittany Shepard Buyer dotloop verified 12/08/22 11:39 AM EST D1GT-U5WG-YSDY-UHET Buyer 2 Phone: (Res.) (Bus.) Brittany Shepard Print name as you want it to appear on documents. 32. Seller’s Response: The above offer is approved: As written. As written except: Counteroffer, if any, expires , at (time). Seller has the right to withdraw this counteroffer and to accept other offers until Seller or Seller’s Agent has received notice of Buyer’s acceptance. 33. Certification of Previous Disclosure Statement: Seller certifies to Buyer that the Property is currently in the same condition as disclosed in the Seller’s Disclosure Statement dated (choose one): Yes No. Seller agrees to inform Buyer in writing of any changes in the content of the disclosure statement prior to closing. 34. Notice to Seller: Seller understands that consummation of the sale or transfer of the Property described in this Agreement will not relieve Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless otherwise agreed to by the lender or required by law or regulation. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form is available from the respective agents via the West Michigan REALTOR® Boards. 35. Listing Office Address: 2340 Glade Street Listing Broker License # Listing Agent Name: Terri Kitchen Listing Agent License # 6504312334 36. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required below. X (Seller’s Signature, Date, Time): Leighann Mikesell dotloop verified 12/15/22 12:01 PM EST KJEH-LX84-NWTI-USVP Is Seller a U.S. Citizen or Resident Alien? Yes No* Print name as you want it to appear on documents. X (Seller’s Signature, Date, Time): Is Seller a U.S. Citizen or Resident Alien? Yes No* Print name as you want it to appear on documents. Seller’s Address: Seller’s Phone (Res.) (Bus) * If Seller(s) is not a U.S. Citizen or Resident Alien, there may be tax implications and Buyer and Seller are advised to seek professional advice. 37. Buyer’s Receipt/Acceptance: Buyer acknowledges receipt of Seller’s response to Buyer’s offer. In the event Seller’s response constitutes a counteroffer, Buyer accepts said counteroffer. All other terms and conditions in the offer remain unchanged. X (Buyer’s Signature, Date, Time): X (Buyer’s Signature, Date, Time): 38. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer. X (Seller’s Signature, Date, Time): X (Seller’s Signature, Date, Time): 750 Leonard Avenue, Muskegon, MI 49442 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 8/2022 JL BS Buyer’s Initials LM Seller’s Initials 12/08/22 12/08/22 12/15/22 327 4:10 PM EST dotloop verified 11:39 AM EST dotloop verified 12:01 PM EST dotloop verified Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 10, 2023 Title: Sale of 1499 Hoyt Street Submitted By: LeighAnn Mikesell Department: City Manager Brief Summary: Staff is requesting approval of a new purchase agreement for 1499 Hoyt Street. Detailed Summary & Background: 1499 Hoyt Street was constructed through the agreement with Dave Dusendang to construct infill housing with ARPA funding. With seller concessions, the offer equates to the list price. An earlier agreement has been rescinded. Goal/Focus Area/Action Item Addressed: Create an environment that effectively attracts new residents and retains existing residents by filling existing employment gaps, attracting new and diverse businesses to the city, and expanding access to a variety of high-quality housing options in Muskegon. Diverse housing types Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: To approve the purchase agreement for 1499 Hoyt Street and authorize the City Manager Jonathan Seyferth or Deputy City Manager LeighAnn Mikesell to sign. Approvals: Guest(s) Invited / Presenting Immediate Division Head Information Technology Other Division Heads Communication Yes Legal Review No For City Clerk Use Only: Commission Action: 328 dotloop signature verification: dtlp.us/veKM-hNRV-wDfB dtlp.us/8HwW-pSBs-p9qp WEST MICHIGAN REGIONAL PURCHASE AGREEMENT # DATE: 12/09/2022 , 4:00 PM (time) MLS # 22025427 SELLING OFFICE: Pinnacle Realty BROKER LIC.#: 6505392630 REALTOR® PHONE: 2313275332 LISTING OFFICE: West Urban Realty REALTOR® PHONE: 6163662459 1. Effective Date: This Agreement is effective on the date of Seller's acceptance of Buyer's offer or Buyer's acceptance of any counteroffer, as the case may be, and this date shall hereafter be referred to as the "Effective Date". Further, any reference to "days" in this Agreement refers to calendar days. The first calendar day begins at 12:01 a.m. on the day after the Effective Date. Any reference to "time" refers to local time. 2. Agency Disclosure: The Undersigned Buyer and Seller each acknowledge that they have read and signed the Disclosure Regarding Real Estate Agency Relationships. The selling licensee is acting as (choose one): Agent/Subagent of Seller Buyer’s Agent Dual Agent (with written, informed consent of both Buyer and Seller) Transaction Coordinator Primary Selling Agent Name: Jay Kilgo Email: jaykilgorealestate@gmail.com Lic.#: 6504431414 Alternate Selling Agent Name: Email: Lic.#: 3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.) Buyer has received the Seller’s Disclosure Statement, dated . Seller certifies to Buyer that the Property is currently in the same condition as Seller previously disclosed in that statement. Seller agrees to inform Buyer in writing of any changes in the content of the disclosure statement. Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by registered mail. Exceptions: Home Warrenty Seller is exempt from the requirements of the Seller Disclosure Act. 4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached and will be an integral part of this Agreement. 5. Property Description: Buyer offers to buy the property located in the City Village Township of Muskegon , County of Muskegon , Michigan, commonly known as (insert mailing address: street/city/state/zip code) 1499 Hoyt Street Street, Muskegon, MI 49442 with the following legal description and tax parcel ID numbers: DIST:24 SUBD:CITY OF MUSKEGON REVISED PLAT (OF 1903) SEC/TWN/RNG/MER:SEC 05 TWN 9N RNG 17W C PP# 61-24-205-280-0012-00 . The following paragraph applies only if the Premises include unplatted land: Seller agrees to grant Buyer at closing the right to make (insert number) ALL division(s) under Section 108(2), (3), and (4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or before 01/13/2023 , of the proposed division to create the Premises. 6. Purchase Price: Buyer offers to buy the Property for the sum of $ $189,900 one hundred eighty-nine thousand nine hundred U.S. Dollars 7. Seller Concessions, if any: Seller to contribute $10,000 of purchase price towards buyers closing costs, discount points and prepaids 8. Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.) SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below are currently available to Buyer in cash or an equally liquid equivalent. If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall receive a refund of Buyer’s Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price. CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual Agent verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information to Seller and/or Seller’s Agent. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement. NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to obtain a FHA type 30 (year) mortgage in the amount of 96.5 % of the Purchase Price bearing interest at a rate not to exceed 8 % per annum (rate at time of loan application), on or before the date the sale is to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to process the application, within 3 days after the Effective Date, not to impair Buyers’ credit after the date such loan if offered. Seller Buyer will agree to pay an amount not to exceed $ 0 representing repairs required as a condition of financing. Buyer agrees does not agree329to authorize Buyer’s Agent/Dual Agent to obtain information from ©Copyright, West Michigan REALTOR® Associations Page 1 of 6 Rev. Date 8/2022 BD 12/12/22 4:41 PM EST Buyer’s Initials LM Seller’s Initials dotloop signature verification: dtlp.us/veKM-hNRV-wDfB dtlp.us/8HwW-pSBs-p9qp West Michigan Regional Purchase Agreement Page 2 of 6 Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent. Exceptions: SELLER FINANCING (choose one of the following): CONTRACT or PURCHASE MONEY MORTGAGE In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer within 48 hours. Seller is advised to seek professional advice regarding the credit report. $ upon execution and delivery of a form (name or type of form and revision date), a copy of which is attached, wherein the balance of $ will be payable in monthly installments of $ or more including interest at % per annum, interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance will become due and payable months after closing. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions: EQUITY (choose one of the following): Formal Assumption or Informal Assumption Upon execution and delivery of: Warranty Deed subject to existing mortgage OR Assignment of Vendee Interest in Land Contract, Buyer to pay the difference (approximately $ ) between the Purchase Price above provided and the unpaid balance (approximately $ ) upon said mortgage or land contract, which Buyer agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions: OTHER: 9. Contingencies: Buyer’s obligation to consummate this transaction (choose one): IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer. IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at: A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest Money Deposit. IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing of a sale or exchange of Buyer’s property located at on or before . Seller will have the right to continue to market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions: 10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars; detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes: Dishwasher; Microwave; Oven; Refrigerator, Washer & Dyer but does not include: 1499 Hoyt Street Street, Muskegon, MI 49442 12/12/2022 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 8/2022 BD Buyer’s Initials Seller’s Initials LM 12/12/22 330 4:41 PM EST dotloop verified 12/14/22 5:01 PM EST dotloop verified dotloop signature verification: dtlp.us/veKM-hNRV-wDfB dtlp.us/8HwW-pSBs-p9qp West Michigan Regional Purchase Agreement Page 3 of 6 11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is expended through normal use. Exceptions: NONE 12. Assessments (choose one): If the Property is subject to any assessments, Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless of any installment arrangements), except for any fees that are required to connect to public utilities. Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume and pay all other installments of such assessments. 13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all taxes billed after those addressed below. Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when property is transferred. No proration. (Choose one): Buyer Seller will pay taxes billed summer (year); Buyer Seller will pay taxes billed winter (year); Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment and prorated to the date of closing with Seller paying for January 1 through the day before closing. Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one): advance. arrears. Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions: NONE 14. Well/Septic: Within ten (10) days after the Effective Date, (choose one) Seller or Buyer will arrange for, at their own expense, an inspection of the primary well used for human consumption (including a water quality test for coliform bacteria and nitrates) and septic systems in use on the Property. The inspection will be performed by a qualified inspector in a manner that meets county (or other local governmental authority, if applicable) protocol. If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may, within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as- is. Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract, Buyer will proceed to closing according to the terms and conditions of this Agreement. Other: N/A 15. Inspections & Investigations: Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be Buyer’s responsibility and expense. Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone. All inspections and investigations will be completed within 7____ days after the Effective Date. If the results of Buyer’s inspections and investigations are not acceptable to Buyer, Buyer may, within the above referenced period, by written notice to Seller, either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be 1499 Hoyt Street Street, Muskegon, MI 49442 12/12/2022 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 8/2022 BD 12/12/22 Buyer’s Initials LM Seller’s Initials 331 4:41 PM EST dotloop verified 12/14/22 5:01 PM EST dotloop verified dotloop signature verification: dtlp.us/veKM-hNRV-wDfB dtlp.us/8HwW-pSBs-p9qp West Michigan Regional Purchase Agreement Page 4 of 6 deemed to have accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this Agreement. Buyer has waived all rights under this Inspections & Investigations paragraph. Exceptions:NONE 16. Municipal Compliances: Seller will arrange and pay for current certificates of occupancy, sidewalk compliance, and smoke detector ordinances, if applicable. 17. Title Insurance: Seller agrees to convey marketable title to the Property subject to conditions, limitations, reservation of oil, gas and other mineral rights, existing zoning ordinances, and building and use restrictions and easements of record. An expanded coverage ALTA Homeowner’s Policy of Title Insurance in the amount of the Purchase Price shall be ordered by Seller and furnished to Buyer at Seller’s expense, and a commitment to issue a policy insuring marketable title vested in Buyer, including a real estate tax status report, will be made available to Buyer within ten (10) days after the Effective Date. If Buyer so chooses, or if an expanded policy is not applicable, then a standard ALTA Owners’ Policy of Title Insurance shall be provided. If Buyer objects to any conditions, Buyer may, within three (3) days of receipt of the Title Commitment, by written notice to Seller, either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the Title Commitment as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and shall receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed to accept the Title Commitment as-is and will proceed to closing according to the terms and conditions of this Agreement. Exceptions: NONE 18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property and the location of improvements thereon. Buyer or Seller (choose one) shall within ten (10) days of the Effective Date, order, at their expense, a boundary survey with iron corner stakes showing the location of the boundaries, improvements and easements in connection with the Property. Upon receipt of the survey, Buyer will have three (3) days to review the survey. If the survey shows any condition, in Buyer’s sole discretion, which would interfere with Buyer’s intended use of the Property, the marketability of the title, or zoning non-compliance, then Buyer may, within said three (3) day period, terminate this Agreement, in writing, and Buyer will receive a full refund of Buyer’s Earnest Money Deposit. No survey. Buyer has waived all rights under this paragraph. When closing occurs, Buyer shall be deemed to have accepted the boundaries of the Property and the location of such improvements thereon. Exceptions: NONE 19. Home Protection Plan: Buyer and Seller have been informed that home protection plans may be available. Such plans may provide additional protection and benefit to the parties. Exceptions: Seller/Builder to provide 1 year Home Warranty on the New construction house 20. Prorations: Rent; association dues/fees, if any; insurance, if assigned; interest on any existing land contract, mortgage or lien assumed by Buyer; will all be adjusted to the date of closing. For the purposes of calculating prorations, it is presumed that Seller owns the Property through the day before closing. 21. Closing: If agreeable to Buyer and Seller, the sale will be closed as soon as closing documents are ready, but not later than 01/13/2023 . An additional period of fifteen (15) days will be allowed for closing to accommodate the correction of title defects or survey problems which can be readily corrected, or for delays in obtaining any lender required inspections/repairs. During this additional period, the closing will be held within 5 days after all parties have been notified that all necessary documents have been prepared. Buyer and Seller will each pay their title company closing fee, if applicable, except in the case of VA financing where Seller will pay the entire closing fee. Exceptions: 22. Pre-Closing Walk-Through: Buyer (choose one) reserves waives the right to conduct a final walk-through of the Property within three (3) days of the scheduled closing date. The purpose of the walk-through is to determine that the Property is in a substantially similar condition as of the Effective Date, any contractually agreed upon items have been fulfilled, and that any included personal property is still located at the Property. Buyer shall immediately report to Seller any objections to these conditions and Buyer’s requested corrective action. 23. Possession: Seller will maintain the Property in its present condition until the completion of the closing of the sale. Possession to be delivered to Buyer, subject to rights of present tenants, if any. At the completion of the closing of the sale. At a.m. p.m. on the day after completion of the closing of the sale, during which time Seller 1499 Hoyt Street Street, Muskegon, MI 49442 12/12/2022 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations BD Buyer’s Initials Seller’s Initials Revision Date 8/2022 LM 12/12/22 4:41 PM EST 332 dotloop verified 12/14/22 5:01 PM EST dotloop verified dotloop signature verification: dtlp.us/veKM-hNRV-wDfB dtlp.us/8HwW-pSBs-p9qp West Michigan Regional Purchase Agreement Page 5 of 6 will have the privilege to occupy the Property and hereby agrees to pay Buyer $ 0 as an occupancy fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds. If Seller fails to deliver possession to Buyer on the agreed date, Seller shall become a tenant at sufferance and shall pay to Buyer as liquidated damages $ 50 per day plus all of the Buyer’s actual reasonable attorney's fees incurred in removing the Seller from the Property. If Seller occupies the Property after closing, Seller will pay all utilities during such occupancy. Buyer will maintain the structure and mechanical systems at the Property. However, any repairs or replacements necessitated by Seller’s misuse, abuse, or neglect of any portion of the Property will be Seller’s responsibility and expense. On the agreed delivery date, Seller shall deliver the Property free of trash and debris and in broom-clean condition, shall remove all personal property (unless otherwise stated in this or an additional written agreement), shall make arrangements for final payment on all utilities, and shall deliver all keys to Buyer. Exceptions: 24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 6 PM (time) on 12/13/2022 (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted by Seller, will constitute a binding Agreement between Buyer and Seller. An Earnest Money Deposit in the amount of $ $1,000 shall be submitted to Transnation Title Company (insert name of broker, title company, other) within 72 hours of the Effective Date of this Agreement, and shall be applied against the Purchase Price. If the Earnest Money Deposit is not received within 72 hours of the Effective Date or is returned for insufficient funds, Seller may terminate this Agreement until such time as the Earnest Money Deposit is received. If Seller terminates this Agreement under this provision, Seller waives any claim to the Earnest Money Deposit. If the sale is not closed due to a failure to satisfy a contingency for a reason other than the fault of Buyer, the Earnest Money Deposit shall be refunded to Buyer. If the sale is not closed as provided in this Agreement and Buyer and Seller do not agree to the disposition of the Earnest Money Deposit, then Buyer and Seller agree that the Broker holding the Earnest Money Deposit may notify Buyer and Seller, in writing, of Broker’s intended disposition of the Earnest Money Deposit. If Buyer and Seller do not object to such disposition in writing within fifteen (15) days after the date of Broker’s notice, they will be deemed to have agreed to Broker’s proposed disposition; if either Buyer or Seller object and no mutually agreeable disposition can be negotiated, Broker may deposit the funds by interpleader with a court of proper jurisdiction or await further actions by Buyer and Seller. In the event of litigation involving the deposit, in whole or in part, either the Seller or the Buyer that is not the prevailing party, as determined by the court, will reimburse the other for reasonable attorneys’ fees and expenses incurred in connection with the litigation, and will reimburse the Broker for any reasonable attorneys’ fees and expenses incurred in connection with any interpleader action instituted. If the entity holding the Earnest Money Deposit is not the Broker, then to the extent that the terms of any escrow agreement conflict with this paragraph, then the terms and conditions of the escrow agreement shall control. 25. Professional Advice: Broker hereby advises Buyer and Seller to seek legal, tax, environmental and other appropriate professional advice relating to this transaction. Broker does not make any representations or warranties with respect to the advisability of, or the legal effect of this transaction. Buyer further acknowledges that REALTOR® above named in the Agreement hereby recommends to Buyer that an attorney be retained by Buyer to pass upon the marketability of the title and to ascertain that the required details of the sale are adhered to before the transaction is consummated. Buyer agrees that Buyer is not relying on any representation or statement made by Seller or any real estate salesperson (whether intentionally or negligently) regarding any aspect of the Property or this sale transaction, except as may be expressly set forth in this Agreement, a written amendment to this Agreement, or a disclosure statement separately signed by Seller. 26. Disclosure of Information: Buyer and Seller acknowledge and agree that the Purchase Price, terms, and other details with respect to this transaction (when closed) are not confidential, will be disclosed to REALTORS® who participate in the applicable Multiple Listing Service, and may otherwise be used and/or published by that Multiple Listing Service in the ordinary course of its business. 27. Other Provisions: Seller to Pay Buyers agent Commission Stated in the MLS 3% 28. Mergers and Integrations: This Agreement is the final expression of the complete agreement of Buyer and Seller, and there are no oral agreements existing between Buyer and Seller relating to this transaction. This Agreement may be amended only in writing signed by Buyer and Seller and attached to this Agreement. 29. Fax/Electronic Distribution and Electronic Signatures: Buyer and Seller agree that any signed copy of this Agreement, and any amendments or addendums related to this transaction, transmitted by facsimile or other electronic means shall be competent evidence of its contents to the same effect as an original signed copy. Buyer and Seller further agree that an electronic signature is the legal equivalent of a manual or handwritten signature, and consent to use of electronic signatures. Buyer and Seller agree that any notice(s) required or permitted under this Agreement may also be transmitted by facsimile or other electronic means. 30. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic 1499 Hoyt Street Street, Muskegon, MI 49442 12/12/2022 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations BD Buyer’s Initials Seller’s Initials Revision Date 8/2022 333 12/12/22 4:41 PM EST dotloop verified LM 12/14/22 5:01 PM EST dotloop verified dotloop signature verification: dtlp.us/veKM-hNRV-wDfB dtlp.us/8HwW-pSBs-p9qp West Michigan Regional Purchase Agreement Page 6 of 6 communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’ license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme to steal funds or use your identity. 31. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer. Buyer 1 Address X BRYTNEY DUNCAN Buyer dotloop verified 12/12/22 4:41 PM EST H6OX-LWOA-NKH4-8EGM Buyer 1 Phone: (Res.) (231) 557-1409 (Bus.) BRYTNEY DUNCAN Print name as you want it to appear on documents. Buyer 2 Address X Buyer Buyer 2 Phone: (Res.) (Bus.) Print name as you want it to appear on documents. 32. Seller’s Response: The above offer is approved: As written. As written except: Seller to provide a quit claim deed vs a warranty deed Builder warranty started the day the city of Muskegon gave certificate of occupancy. Counteroffer, if any, expires , at (time). Seller has the right to withdraw this counteroffer and to accept other offers until Seller or Seller’s Agent has received notice of Buyer’s acceptance. 33. Certification of Previous Disclosure Statement: Seller certifies to Buyer that the Property is currently in the same condition as disclosed in the Seller’s Disclosure Statement dated (choose one): Yes No. Seller agrees to inform Buyer in writing of any changes in the content of the disclosure statement prior to closing. 34. Notice to Seller: Seller understands that consummation of the sale or transfer of the Property described in this Agreement will not relieve Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless otherwise agreed to by the lender or required by law or regulation. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form is available from the respective agents via the West Michigan REALTOR® Boards. 35. Listing Office Address: 255 W Western Ave, Muskegon, MI 49440 Listing Broker License # Listing Agent Name: Mariana Murillo VanDam Listing Agent License # Mariana Murillo VanDam 36. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required below. LeighAnn Mikesell dotloop verified 12/14/22 5:01 PM EST X (Seller’s Signature, Date, Time): 4QUW-HMS5-NXWZ-SJNF Is Seller a U.S. Citizen or Resident Alien? Yes No* Print name as LeighAnn you want it to appear on documents. Mikesell X (Seller’s Signature, Date, Time): Is Seller a U.S. Citizen or Resident Alien? Yes No* Print name as you want it to appear on documents. Seller’s Address: Seller’s Phone (Res.) (Bus) * If Seller(s) is not a U.S. Citizen or Resident Alien, there may be tax implications and Buyer and Seller are advised to seek professional advice. 37. Buyer’s Receipt/Acceptance: Buyer acknowledges receipt of Seller’s response to Buyer’s offer. In the event Seller’s response constitutes a counteroffer, Buyer accepts said counteroffer. All other terms and conditions in the offer remain unchanged. X (Buyer’s Signature, Date, Time): X (Buyer’s Signature, Date, Time): 38. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer. X (Seller’s Signature, Date, Time): LeighAnn Mikesell dotloop verified 12/14/22 5:01 PM EST X (Seller’s Signature, Date, Time): QRYV-CWAO-GQ6E-LTCW 1499 Hoyt Street Street, Muskegon, MI 49442 12/12/2022 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 8/2022 BD Buyer’s Initials Seller’s Initials LM 12/12/22 334 4:41 PM EST dotloop verified 12/14/22 5:01 PM EST dotloop verified Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 10, 2023 Title: Public Hearing Brownfield Plan Amendment, 1st Amendment, Adelaide Pointe QOZB, LLC Submitted By: Contessa Hood Department: City Manager Brief Summary: Approval for Brownfield Plan Amendment,1st Amendment for Adelaide Pointe QOZB, LLC (Adelaide Pointe Project) and to consider the attached resolution. Detailed Summary & Background: Adelaide Pointe QOZB, LLC is seeking a Brownfield Plan Amendment (1st Amendment) for the Adelaide Pointe Project; a 35-acre mixed use waterfront development project including winter boat storage, marina space, In/Out forklift boat storage, commercial/retail, and up to 400 housing units. The initial Brownfield Plan Amendment was approved by the BRA on Oct 12, 2021 and City Commission on Oct 26, 2021. In Dec. 2020, the developer’s environmental consultant (Fishbeck) completed a Phase II Environmental Site Assessment (ESA) and a Baseline Environmental Assessment. This plan includes $12,404,400 in total EGLE and non-environmental local only eligible costs as well as $24,379,064 in total MSF eligible costs. The developer is seeking to add state school tax capture for reimbursement of costs related to Michigan Strategic Fund (MSF) eligible activities during the first three immediate phases of redevelopment. The City proposed to use a bond proceed of $8,101,388 to pay eligible site preparation and public infrastructure costs that include public roadways, a reconfiguration of West Western Ave, as well as a water main, sanitary sewer and storm sewer utilities. The local-only EGLE eligible costs are $3,250,000 which include due care activities - $500,000 vapor intrusion mitigation, $1,500,000 soil capping, $250,000 dewatering and $1,000,000 for the dredging and removal of soil contaminants. Local-only MSF eligible costs are $5,810,000 which include $500,000 demolition, $250,000 asbestos abatement, $3,160,000 site preparation. Capture of tax increment revenues for City reimbursement is anticipated to commence in 2023 and end in 2031. Developer reimbursement will follow with an estimated start date of 2023. The anticipated end date for Developer reimbursement is 2046. It is projected that the Plan Amendment will extend 29 years, which assumes five years of additional capture of tax increment revenues for deposit into a Local Brownfield Revolving Fund, if available. The contingency percentage, interest request, and the annual administrative fee will remain the same as previously stated on Oct. 26, 2021 during the scheduled City Commission meeting approving the initial Brownfield Plan Amendment. The interest is included for all accrued and unreimbursed eligible activities on a yearly basis. The BRA approved the revised BPA on Dec. 13, 2022 and recommends the approval of the BPA by the Muskegon City Commission on Jan. 10, 2022. The Muskegon City Commission and BRA approved the Brownfield Development & Reimbursement Agreement, on Dec. 13, 2022. A signed copy from the Muskegon City Commission was not able to be secured by the submission date for the 1/10 City Commission meeting. Staff will be sure to send the signed DRA to the city clerk once the document is available. 335 Goal/Focus Area/Action Item Addressed: Focus Area: improved access to the waterfront, blight cleanup, progress toward completion of ongoing economic development projects Action Item 2022-2.6: Complete Adelaide Pointe public improvements Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: Motion to close the public hearing and to approve the resolution for the Brownfield Plan Amendment, 1st Amendment for the Adelaide Pointe Project authorizing the Mayor and City Clerk to sign. Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting to sending to the Clerk. Immediate Division Head Information Technology Yes Other Division Heads Communication No Legal Review For City Clerk Use Only: Commission Action: 336 City of Muskegon Brownfield Redevelopment Authority Amendment to Brownfield Plan Amendment for the Adelaide Pointe Project at 1204 West Western Avenue Muskegon, Michigan Initial Brownfield Plan Amendment Approved by the City of Muskegon October 12, 2021 Brownfield Redevelopment Authority Initial Brownfield Plan Amendment Approved by the City of Muskegon Board October 26, 2021 of Commissioners Amendment to Brownfield Plan Amendment Approved by the City of Muskegon Brownfield Redevelopment Authority Amendment to Brownfield Plan Amendment Approved by the City of Muskegon Board of Commissioners Prepared with the assistance of: Fishbeck 1515 Arboretum Drive SE Grand Rapids, Michigan 49546 616-464-3876 337 Table of Contents Fishbeck | Page i 1.0 Introduction ...................................................................................................................................................1 1.1 Proposed Redevelopment and Future Use for the Eligible Property ................................................1 1.2 Eligible Property Information ............................................................................................................2 2.0 Information Required by Section 13(2) of the Statute ...................................................................................2 2.1 Description of Costs to Be Paid for With Tax Increment Revenues ..................................................2 2.2 Summary of Eligible Activities ...........................................................................................................4 2.3 Estimate of Captured Taxable Value and Tax Increment Revenues ..................................................5 2.4 Maximum Amount of Note or Bonded Indebtedness .......................................................................5 2.5 Duration of Brownfield Plan..............................................................................................................5 2.6 Estimated Impact of Tax Increment Financing on Revenues of Taxing Jurisdiction ..........................5 2.7 Legal Description, Property Map, Statement of Qualifying Characteristics and Personal Property..5 2.8 Estimates of Residents and Displacement of Individuals/Families....................................................5 2.9 Plan for Relocation of Displaced Persons..........................................................................................6 2.10 Provisions for Relocation Costs .........................................................................................................6 2.11 Strategy for Compliance with Michigan’s Relocation Assistance Law...............................................6 2.12 Other Material that the Authority or Governing Body Considers Pertinent .....................................6 List of Figures Figure 1 – Location Map Figure 2 – Site Layout Map List of Tables Table 1 – Tax Increment Revenue Capture Table 2 – Tax Increment Revenue Reimbursement Allocation List of Attachments Attachment A Resolution(s) Attachment B Conceptual Renderings Attachment C Environmental Data Tables and Exceedance Map Attachment D Reimbursement Agreement 338 December 7, 2022 Fishbeck | Page 1 1.0 Introduction The City of Muskegon Brownfield Redevelopment Authority (the “Authority” or MBRA) was established by the City of Muskegon pursuant to the Brownfield Redevelopment Financing Act, 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 development incentives through tax increment financing for certain eligible properties. On October 26, 2021, the City of Muskegon (the “City”) approved a Brownfield Plan Amendment (BPA) to incorporate 1148 and 1204 West Western Avenue (“Eligible Property”, “Site”, or “Property”) into the City’s existing Brownfield Plan. The BPA detailed redevelopment plans for a five-phase redevelopment at the Eligible Property, including eligible activity costs and related reimbursement through local-only tax increment financing. This amendment to the BPA has been prepared to add state school tax capture for reimbursement of costs related to Michigan Strategic Fund (MSF) eligible activities during the first three immediate phases of redevelopment. Future amendments to this amended BPA may be pursued for phases four and five of the development. See Attachment A for copies of amended BPA resolutions. 1.1 Proposed Redevelopment and Future Use for the Eligible Property The Developer, Adelaide Pointe QOZB, LLC, is proposing to redevelop a former industrial site located at 1204 West Western Avenue (1148 & 1204 West Western Avenue are now combined), Muskegon, Michigan. Figures 1 and 2 depict the Eligible Property location and layout. Redevelopment consists of five phases that are anticipated to be completed by 2030. Phases one through three are the focus of this amended BPA. Development phasing is described below: Development Phase Anticipated/Actual Desired/Actual Start Date Completion Date Phase I – Revitalize existing buildings for boat Spring/Summer Spring 2022 storage 2021 Phase II – Construction of marina, mixed-use Spring 2023 Fall/Winter 2024 building, boater services building* Phase III – Construction of 55-unit residential condo Spring 2023 Fall/Winter 2024 building* Phase IV – Construction of hotel and 50 boat Spring 2024 Fall 2027 storage units and warehouse Phase V – Construction of residential condos Spring 2025 Fall 2030 Phases one through three include revitalizing the existing site structures for boat storage, business offices, and lease space (approx. 218,000 sf); creation of a new 280 slip marina and construction of a new three-story, mixed- use building with ground level retail and office space (approximately 14,700 gross sf), a second-floor restaurant (approximately 3,700 sf), and third floor deck area (approx. 3,700 sf) (the “Project”). The Project will create a walkable community that incorporates public access to waterfront activities (e.g., swimming, fishing, boating), inviting greenspace areas, and transient docking. Sustainable development techniques are proposed throughout Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2022 AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2022_12722.DOCX 339 November 22, 2022 Fishbeck | Page 2 the Project, including mass timber construction, solar boardwalks and roof systems, electric vehicle charging stations, low-impact development stormwater management, and integrated parking. Total private investment in Phases one through three, not including property acquisition, is approximately $125,000,000. The mixed-use waterfront development will create approximately 100 new jobs (retail, office, restaurant, marina) and provide contractor work for hundreds of temporary construction workers. In addition to environmental activities, this amendment to the BPA includes non-environmental eligible activities necessary to complete the Project. Non-environmental activities will include demolition, lead/asbestos abatement, site preparation and public infrastructure improvements. Public infrastructure improvements will include upgrades to the public utilities (water main, sanitary sewer, and storm sewer), public roadways, marina and solar docks. Site preparation activities will include specialized foundations, clearing and grubbing, dredging, compaction and sub-base preparation, cut and fill, excavation for unstable material, geotechnical engineering, grading/land balancing, relocation of utilities, temporary erosion controls, temporary site control, surveying and staking, architectural and engineering costs and mass grading. 1.2 Eligible Property Information The 35-acre Property is located at the west end of West Western Avenue on the south shore of Muskegon Lake. Since the late 1800s, the Property has been utilized for industrial purposes, primarily a lumberyard followed by foundry operations. Based on a recent Phase II Environmental Site Assessment (ESA), completed in December 2020, these past industrial uses have resulted in widespread contamination across the Property. Known contaminants in the soil with concentrations exceeding Michigan Department of Environment, Great Lakes, and Energy (EGLE) Part 201 Generic Residential Cleanup Criteria (GRCC) include tetrachloroethylene (PCE), arsenic, cadmium, chromium (total), copper, mercury, selenium, silver and zinc. Groundwater contaminants with concentrations identified above Part 201 GRCC consist of benzene, 2-methylnaphthalene, naphthalene, cadmium, chromium (total), copper, lead, mercury, and zinc. The Developer is not a liable party and completed a Baseline Environmental Assessment (BEA) in accordance with Part 201 of the Natural Resources and Environmental Protect Act, 1995 PA 451, as amended (NREPA). Given the known contamination, the Property is a “facility” pursuant to Part 201 of NREPA. As such, it is considered an “eligible property” as defined by the Michigan Redevelopment Financing Act, Act 381 of 1996. The location and layout of the Property are depicted in Figures 1 and 2. Environmental data tables and an exceedance map are provided in Attachment C. 2.0 Information Required by Section 13(2) of the Statute 2.1 Description of Costs to Be Paid for With Tax Increment Revenues Tax increment revenues will be used to reimburse the Developer and City, as applicable, for the following eligible activities. • Pre-approved BEA, documentation of due care, asbestos/lead paint survey, and additional due care assessment • Due care activities • Asbestos, lead paint, and mold abatement • Select building and site demolition • Site preparation • Infrastructure improvements (public) • 15% contingency Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2022 AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2022_12722.DOCX 340 November 22, 2022 Fishbeck | Page 3 • Brownfield Plan Amendment • Brownfield Plan Amendment Implementation • Interest The table below provides an eligible activity cost summary for the Project. EGLE Eligible Activities Estimated Cost Department Specific Activities Pre-Approved Sub-Total $350,000 BEA activities $52,000 Documentation of due care $33,000 Hazardous materials survey (e.g., asbestos, lead paint, etc.) $20,000 Due care assessment $245,000 EGLE Eligible Activities Total Costs $350,000 Interest (5%) $15,354 EGLE Eligible Costs Sub-Total $365,354 Summary of Eligible Activity Costs - Developer MSF Estimated Redevelopment Developer MSF Eligible Activities Total Cost Completion Phase Related Cost Schedule to Activity Public Infrastructure Improvements Sub-Total $8,100,000 $8,100,000 Public Parks (Linear Park, East Peninsula Park, $2,000,000 $2,000,000 2023-2024 Phase II & III Commuter Bike Path) Public Shopper Dock and Public Transient Dock $1,300,000 $1,300,000 2023-2024 Phase II Marina Basin- (breakwater system/public $4,300,000 $4,300,000 2023-2024 Phase II access path) Solar Powered Docks $500,000 $500,000 2023-2024 Phase II Site Preparation Sub-Total $6,750,000 $6,750,000 Specialized Foundations $905,000 $905,000 2023-2024 Phase II-V Clearing and Grubbing $300,000 $300,000 2023-2024 Phase II & III Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2022 AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2022_12722.DOCX 341 November 22, 2022 Fishbeck | Page 4 Dredging $800,000 $800,000 2023-2024 Phase II & III Compaction and Sub-Base Preparation $350,000 $350,000 2023-2024 Phase II & III Cut and Fill $300,000 $300,000 2023-2024 Phase II Excavation for Unstable Material $70,000 $70,000 2023-2024 Phase II & III Fill $850,000 $850,000 2023-2024 Phase II & III Geotechnical Engineering $180,000 $180,000 2023-2024 Phase I, II & III Grading/Land Balancing $1,550,000 $1,550,000 2023-2024 Phase II & III Relocation of Active Utilities $350,000 $350,000 2023-2024 Phase II & III Temporary Erosion Controls $110,000 $110,000 2023-2024 Phase II & III Temporary Facility $165,000 $165,000 2023-2024 Phase II & III Temporary Site Control $195,000 $195,000 2023-2024 Phase II & III Surveying and Staking $125,000 $125,000 2023-2024 Phase II & III Architectural/Engineering Costs Related to $500,000 $500,000 2023-2024 Phase II & III Eligible Activities MSF Eligible Activities Sub-Total $14,850,000 $14,850,000 Contingency (15 %) $2,227,500 $2,227,500 Phase II-V Interest (5 %)* $7,281,564 $7281,564 Phase I-V Brownfield Plan and Work Plan Preparation $10,000 $10,000 Phase I Brownfield Plan and Work Plan $10,000 $10,000 Phase I Implementation MSF Eligible Activities Total Costs $24,379,064 $24,379,064 *Interest collected at a 5% rate and capped at less than $8,000,000 ELIGIBLE ACTIVITIES COST SUMMARY- City of Muskegon Activities Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2022 AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2022_12722.DOCX 342 November 22, 2022 Fishbeck | Page 5 MSF Eligible Non-Environmental Activities Total Cost City of Estimated Redevelopment Muskegon Cost Completion Phase Related Schedule Activity Public Infrastructure (sub-total) $6,743,620 $6,743,620 Public Roadways $4,000,000 $4,000,000 2023-2024 Phase II West Western Avenue Reconfiguration-Roadway $1,023,620 $1,023,620 2023-2024 Phase II Water Main $850,000 $850,000 2023-2024 Phase II Sanitary Sewer $600,000 $600,000 2023-2024 Phase II Storm Sewer $270,000 $270,000 2023-2024 Phase II Local Only Non-Environmental Activities Total Costs $6,743,620 $6,743,620 Interest (5%) $1,357,768 $1,357,768 Total City of Muskegon Bond Eligible Costs $8,101,388 $8,101,388 LOCAL ONLY ELIGIBLE ACTIVITIES COST SUMMARY (Developer) Local Only Eligible Activities Estimated Cost Department Specific Activities Due Care Sub-Total $3,250,000 Vapor intrusion mitigation $500,000 Soil capping $1,500,000 Dewatering $250,000 Contaminated Soil/Dredge Materials Removal and Disposal $1,000,000 Local Only Department Specific Activities Total Costs $3,250,000 Non-Environmental Activities Asbestos, Lead based Paint and Mold Abatement $250,000 Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2022 AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2022_12722.DOCX 343 November 22, 2022 Fishbeck | Page 6 Demolition $500,000 Site Preparation (Sub-total) $3,160,000 Specialized Foundations $1,250,000 Clearing and Grubbing $150,000 Compaction and Sub-Base Preparation $10,000 Geotechnical Engineering $50,000 Relocation of Active Utilities $100,000 Surveying & Staking $100,000 Architectural/Engineering Costs Related to Eligible Activities $1,500,000 Public Infrastructure (Sub-total) $1,900,000 Solar Powered Docks (public) $500,000 Community Building/Clubhouse and Pool (Public) $1,400,000 Non-Environmental Local Only Eligible Costs $5,810,000 Contingency (15%) $871,500 Brownfield Plan/Act 381 Workplan Preparation $10,000 Interest (5%)* $2,462,900 Total EGLE and Non-Environmental Local Only Eligible Costs $12,404,400 *5% Interest capture begins after MSF Non-Environmental Costs are reimbursed 2.2 Summary of Eligible Activities Eligible activities as defined by Act 381 and included in this amended BPA consist of the following: Pre-Approved Activities: These activities are permitted to occur prior to amended BPA approval. Preparation of a Phase I ESA, BEA and Documentation of Due Care Compliance were necessary to protect the new Property owner/Developer from liability for environmental contamination. A Hazardous Materials Investigation was conducted to evaluate potential asbestos, lead paint, and other hazardous materials, as required by regulatory agencies prior to select building demolition activities. Due care assessment will be conducted to verify compliance with applicable due care obligations. Pre-approved activities can be reimbursed from state school and local tax increment revenues. Due Care Activities: Due care activities will include implementation of vapor intrusion mitigation systems, as applicable, to prevent unacceptable exposures to potential indoor air inhalation concerns. Soil capping will be completed to protect against direct contact concerns related to known contamination. Contaminated Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2022 AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2022_12722.DOCX 344 November 22, 2022 Fishbeck | Page 7 soils/dredge materials which cannot be utilized on the Property will be hauled to an appropriate Type 2 landfill for disposal. During construction activities, dewatering may be necessary. Contaminated groundwater will be properly managed to comply with due care. Due care costs will include environmental oversight and management. Asbestos, Lead Paint, and Mold Abatement: Prior to select building demolition activities, asbestos, lead paint, and mold were abated, as applicable, in accordance with applicable regulatory guidelines. Demolition: Select building and Site demolition will be necessary to facilitate safe redevelopment and reuse of the Property. Site Preparation: Site preparation is expected to include specialized foundations due to unsuitable urban fill material across the Site, clearing and grubbing in preparation for redevelopment, dredging, compaction and sub- base preparation, cut and fill, excavation for unstable material, fill, geotechnical engineering, grading, land balancing, relocation of active utilities, temporary erosion control, temporary facility, temporary site control, surveying, staking, and appropriate associated professional engineering/architectural fees related to the eligible activities. All the site preparation activities are necessary to support the redevelopment. Public Infrastructure Improvements: Public Infrastructure improvements will be made by both the Developer and City of Muskegon in the public right-of-way and publicly accessible land as outlined in the signed Cooperative Use Agreement between the City of Muskegon and AP dated September 13, 2022. Public infrastructure activities, including public parks (Linear Park, East Peninsula Park and the commuter bike path), public roadways (Adelaide Avenue), West Western Avenue reconstruction, public/transient shopper and dockage and dock slips, new and upgraded water main, sanitary sewer and storm sewer utilities, solar power infrastructure for the public shopper and transient dockage and marina upgrades including the breakwater with public access path. Amended BPA Preparation: This amended BPA was required for authorization of reimbursement to the Developer and City, as applicable, from tax increment revenues under Public Act 381 of 1996, as amended. Amended BPA Implementation: Tracking, submittal, review of invoices for reimbursement, plan compliance, and data reporting will be conducted. Contingency: A 15% contingency is included for those activities not already completed. Interest: A 5% interest on unreimbursed eligible activities is included. 2.3 Estimate of Captured Taxable Value and Tax Increment Revenues The base year of this amended BPA is 2021, as established in the approved BPA. The 2021 taxable value of the eligible property was $903,810. After completion of the development (Phases one, two and three), the taxable value is estimated at $42,875,000. This amended BPA assumes a 1.0% annual increase in the taxable value of the Eligible Property. Initial capture is anticipated to begin in 2023. The estimated captured taxable value for the redevelopment by year and in aggregate for each taxing jurisdiction is depicted in tabular form (Table 1: Tax Increment Revenue Capture). Actual taxable values and tax increment revenues may vary year to year based on economic and market conditions, tax incentives, building additions, and property improvements, among other factors. A summary of the estimated reimbursement schedule by year and in aggregate is presented as Table 2: Tax Increment Revenue Reimbursement Allocation. Method of Financing and Description of Advances Made by the Municipality The cost of the eligible activities included in this amended BPA will be paid for by the Developer and the City. The Developer and City will seek reimbursement for eligible activity costs through capture of available local and state Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2022 AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2022_12722.DOCX 345 November 22, 2022 Fishbeck | Page 8 (as applicable) school tax increment revenues as permitted by Act 381. Additionally, as necessary personal property taxes may be utilized as well for reimbursement. Refer to Attachment D for a copy of the Reimbursement Agreement. 2.4 Maximum Amount of Note or Bonded Indebtedness The City of Muskegon may finance eligible public infrastructure improvements and other eligible activities, as applicable, via municipal bonds with tax increment financing as the pay back mechanism subject to the terms outlined in the Reimbursement/Development Agreement (Attachment D). The estimated total bond amount will not exceed $10,500,000 with interest added at 5 %. 2.5 Duration of Brownfield Plan Capture of tax increment revenues for the City reimbursement is anticipated to commence in 2023 and end in 2031. Developer reimbursement will follow with an estimated start date of 2023. The anticipated end date for Developer reimbursement is 2046. It is projected that the amended BPA will extend 29 years, which assumes five years of additional capture of tax increment revenues for deposit into a Local Brownfield Revolving Fund, if available. 2.6 Estimated Impact of Tax Increment Financing on Revenues of Taxing Jurisdiction The estimated amount of tax increment revenues to be captured for this redevelopment from each taxing jurisdiction by year and in aggregate is presented in Tables 1 and 2. 2.7 Legal Description, Property Map, Statement of Qualifying Characteristics and Personal Property • The legal description is as follows: 1204 W. Western Avenue CITY OF MUSKEGON PART OF SECTION 25 T10N R17W PRT OF BLKS 578-580 DESC AS FOLS COM AT SE COR LOT 4 BLK 577 TH S 88D 15M W ALG SLY LN SD BLK 577 EXTND (ALSO BEING NLY LN WESTERN AVE) 847.15 FT FOR POB TH N 01D 56M 50S W 256.10 FT TH N 31D 37M 35S E 47 FT TH N 55D 15M 15S E 89.20 FT TH N 35D 54M 50S W 127.65 FT TH N 02D 52M 10S W 553 FT TH S 55D 13 M W 243 FT TH N 34D 47M W 330 FT M/L TO SHORE OF MUSKEGON LAKE REFERRED TO AS PT B TH RECOM AT POB TH S 88D 15M W ALG NLY LN WESTERN AVE 18.65 FT TH SWLY ALG SD NLY LN WESTERN AVE ALG ARC OF A 430.61 FT RAD CURVE TO LT 158.33 FT (LC SD CURVE BEARS S 77D 43M 00S W 157.44 FT & CENTRAL ANG SD CURVE IS 21D 04M 00) TO WLY LN NELY 200 FT OF SD BLK 580 TH N 35D 2M 10S W ALG SD WLY LN SD NELY 200 FT DIST 850 FT M/L TO SHORE OF MUSKEGON LAKE REFERRED TO AS PT C TH NWLY SELY & NELY ALG SHORE OF MUSKEGON LAKE 1300 FT M/L FROM SD PT C TO SD PT B EXC THAT PRT OF ABOVE DESC PARCEL THAT LIES WITHIN THE CHESAPEAKE & OHIO RR ROW EXC THAT PART TAKEN BY THE CITY OF MUSKEGON FOR THE LAKESHORE TRAIL BIKE PATH DESC AS THAT PART OF BLKS 578 & 580 DESC AS COM @ SE COR LOT 4 BLK 577 TH S 88D 40M 42S W ALG N ROW LN WESTERN AVE 847.60 FT TH N 01D 31M 57S W 256.10 FT TH N 32D 02M 28S E 47 FT TH N 55D 40M 08S E 89.20 FT TH N 35D 29M 57S W 127.65 FT TH N 02D 27M 17S W 553 FT TH S 55D 37M 53S W 243 FT TH N 34D 22M 07S W 235.92 FT TO POB TH S 50D 44M 04S W 329.75 FT TH S 20D 19M 09S W 96.30 FT TH S 23D 53M 54S E 405.55 FT TH N 34D 34M 00S W ALG NE LN LAKESHORE YACHT HARBOUR 86.43 FT TH N 23D 53M 54S W 327.11 Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2022 AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2022_12722.DOCX 346 November 22, 2022 Fishbeck | Page 9 FT TH N 20D 19M 09S E 107.14 FT TH N 50D 44M 04S E 335.70 FT TH S 33D 32M 57S E 16.08 FT TO POB TAKEN FOR LAKESHORE TRAIL BIKE PATH ACROSS SD PROPERTY AND COM AT SE COR LOT 4 BLK 577 FOR POB TH N 1 DEG 41 MIN W 158.40 FT TH N 76 DEG 43 MIN W 103.55 FT TH NWLY ON THE ARC OF A 492.47 FT RAD CURVE TO THE RT 110.31 FT (LONG CORD BEARS N 70D 18M W 110.07 FT CENTRAL ANGLE IS 12D 50M 00S) TH N 63 DEG 53 MIN W 67 FT TH N 2 DEG 4 MIN W 33.8 FT TO RR R/W TH CON'T N 2 DEG 4 MIN W 367.7 FT TH N 37 DEG W 730 FT TH N 48 DEG W 600 FT M/L TO MUSKEGON LAKE TO A PT A RECOM AT POB TH S 88 DEG 15 MIN W 847.15 FT TH N 1 DEG 56 MIN 50 SEC W 256.1 FT TH N 31 DEG 37 MIN 35 SEC E 47 FT TH N 55 DEG 15 MIN 15 SEC E 89.2 FT TH N 35 DEG 54 MIN 50 SEC W 127.65 FT TH N 2 DEG 52 MIN 10 SEC W 553 FT TH S 55 DEG 13 MIN W 243 FT TH N 34 DEG 47 MIN W 330 FT M/L TO THE SHORE OF MUSKEGON LAKE TO A PT REFERRED TO AS PT B TH WLY ALG SHORE LN 1500 FT M/L TO SD PT A EXC THAT PART LYING WITHIN C&O RR R/W RECORDED IN L 702 P 134 ALSO EXC COM AT SW COR LOT 4 BLK 574 FOR POB TH WLY ALG WESTERN AVE 20.5 FT TO SE COR LOT 5 TH NLY TO SLY LN C&O RR R/W TH SELY ALG SLY LN OF SD R/W TO NW COR LOT 3 BLK 577 TH S ALG W LN LOT 3 TO NE COR LOT 4 TH WLY ALG NLY LN LOT 4 40 FT TO NW COR SD LOT TH SLY ALG W LN TO POB EXC THAT PART OF BLK 578 DESCRIBED AS COM AT THE SE COR OF LOT 4 BLK 577 TH S 88D 40M 42S W ALG N R-O-W LINE OF WESTERN AVE 847.60 FT TH N 01D 31M 57S W 256.10 FT TH N 32 D 02M 28S E 47 FT TH N 55D 40M 08S E 89.20 FT TH N 35D 29M 57S W 127.65 FT TH N 02D 27M 17S W 553 FT TH S 55D 37M 53S W 243 FT TH N 34D 22M 07S W 235.92 FT TO POB TH N 33D 32M 57S W 16.08FT TH N 62D 10M 01S E 211.19 FT TH S 87D 42M 46S E 126.81 FT TH N 71D 39M 34S E 169.45 FT TH S 53D 57M 29S E 104.89 FT TH S 36D 27M 44S E 604.13 FT TH S 01D 31M 44S E 16 FT TH S 38D 27M 16S W 8.34 FT TH N 36D 27M 44S W 610.01FT TH N 53D 57M 29S W 94.21 FT TH S 71D 39M 34S W 164.14 FT TH N 87D 42M 46S W 125.42 FT TH S 62D 10M 01S W 205.29 FT TO POB • The Property layout is depicted on Figure 2. • The Property is considered an “eligible property” as defined by Act 381 because the Property is a facility pursuant to Part 201. Facility verification is included in Attachment C. • New personal property added to the Property is included as part of the Eligible Property to the extent it is taxable. 2.8 Estimates of Residents and Displacement of Individuals/Families No residents or families will be displaced because of the Project. 2.9 Plan for Relocation of Displaced Persons Not applicable. 2.10 Provisions for Relocation Costs Not applicable. 2.11 Strategy for Compliance with Michigan’s Relocation Assistance Law Not applicable. 2.12 Other Material that the Authority or Governing Body Considers Pertinent The Project will significantly improve the Muskegon Lake shoreline through revitalization of Property once used for industrial purposes. Existing structures will be revitalized, and environmental exposure risks mitigated. A new marina with transient boat slips will provide local citizens and tourists with opportunities to access the vibrant Muskegon downtown and other nearby recreational activities. Construction of new boat storage and residential Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2022 AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2022_12722.DOCX 347 November 22, 2022 Fishbeck | Page 10 condominiums will expand Muskegon Lake access and increase long-term tax revenues for the City of Muskegon and the State of Michigan. The Development will also create numerous job opportunities for the community. Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2022 AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2022_12722.DOCX 348 Figure 1 Location Map Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2022 AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2022_1128.DOCX 349 VICINITY MAP MICHIGAN CITY OF MUSKEGON _ ^ MUSKEGON COUNTY Hard copy is intended to be 8.5"x11" when plotted. Scale(s) indicated and graphic quality may not be accurate for any other size. 1148 & 1204 West Western Ave., Muskegon, Muskegon County MI 49441 Leesta Management, LLC Baseline Environmental Assessment SITE PLOT INFO: Z:\2020\201515\CAD\GIS\mapdoc\FIG01_LocationMap.mxd Date: 5/25/2021 1:59:36 PM User: bahannah PROJECT NO. 201515 LOCATION MAP FIGURE NO. FEET 350 NORTH 0 1,000 2,000 © OpenStreetMap (and) contributors, CC-BY-SA 1 ©Copyright 2021 All Rights Reserved Figure 2 Site Layout Map 351 LEGEND Approximate Property Boundary Hard copy is intended to be 8.5"x11" when plotted. Scale(s) indicated and graphic quality may not be accurate for any other size. 1148 & 1204 West Western Ave., Muskegon, Muskegon County MI 49441 Leesta Management, LLC Baseline Environmental Assessment PLOT INFO: Z:\2020\201515\CAD\GIS\mapdoc\FIG03_SiteMap.mxd Date: 5/25/2021 2:03:18 PM User: bahannah PROJECT NO. SITE MAP 201515 Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community, FIGURE NO. Esri, HERE, Garmin, (c) OpenStreetMap contributors, Esri, HERE, FEET Garmin, (c) OpenStreetMapNORTH 0 and the150 contributors, GIS user300 2 community ©Copyright 2021 All Rights Reserved 352 Table 1 Tax Increment Revenue Capture 353 Table 1 - Estimate of Total Incremental Taxes Available for Capture 1 of 3 1148 and 1204 West Western Avenue, Muskegon, Muskegon County, Michigan Estimated Taxable Value (TV) Increase Rate: 1% Plan Year 0 1 2 3 4 5 6 7 8 9 10 Calendar Year 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Base Taxable Value $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 Estimated New TV $ - $ 1,750,000 $14,875,000 $42,875,000 $43,303,750 $43,736,788 $44,174,155 $44,615,897 $ 45,062,056 $ 45,512,676 $ 45,967,803 1 Incremental Difference (New TV - Base TV) $ - $ 846,190 $ 13,971,190 $ 41,971,190 $ 42,399,940 $ 42,832,978 $ 43,270,345 $ 43,712,087 $ 44,158,246 $ 44,608,866 $ 45,063,993 School Capture Millage Rate State Education Tax (SET) 6.00000 $ - $ 5,077 $ 83,827 $ 251,827 $ 254,400 $ 256,998 $ 259,622 $ 262,273 $ 264,949 $ 267,653 $ 270,384 School Operating Tax 17.98380 $ - $ 15,218 $ 251,255 $ 754,801 $ 762,512 $ 770,300 $ 778,165 $ 786,109 $ 794,133 $ 802,237 $ 810,422 School Total 23.9838 $ - $ 20,295 $ 335,082 $ 1,006,629 $ 1,016,912 $ 1,027,298 $ 1,037,787 $ 1,048,382 $ 1,059,083 $ 1,069,890 $ 1,080,806 Local Capture Millage Rate County Museum 0.32200 $ - $ 272 $ 4,499 $ 13,515 $ 13,653 $ 13,792 $ 13,933 $ 14,075 $ 14,219 $ 14,364 $ 14,511 County Veterans 0.07150 $ - $ 61 $ 999 $ 3,001 $ 3,032 $ 3,063 $ 3,094 $ 3,125 $ 3,157 $ 3,190 $ 3,222 Senior Citzens Services 0.49990 $ - $ 423 $ 6,984 $ 20,981 $ 21,196 $ 21,412 $ 21,631 $ 21,852 $ 22,075 $ 22,300 $ 22,527 Central Dispatch 0.29999 $ - $ 254 $ 4,191 $ 12,591 $ 12,720 $ 12,849 $ 12,981 $ 13,113 $ 13,247 $ 13,382 $ 13,519 Community College 2.20340 $ - $ 1,864 $ 30,784 $ 92,479 $ 93,424 $ 94,378 $ 95,342 $ 96,315 $ 97,298 $ 98,291 $ 99,294 M.A.I.S.D 4.75410 $ - $ 4,023 $ 66,420 $ 199,535 $ 201,574 $ 203,632 $ 205,712 $ 207,812 $ 209,933 $ 212,075 $ 214,239 City Operating 10.07540 $ - $ 8,526 $ 140,765 $ 422,877 $ 427,196 $ 431,559 $ 435,966 $ 440,417 $ 444,912 $ 449,452 $ 454,038 City Sanitation 2.99790 $ - $ 2,537 $ 41,884 $ 125,825 $ 127,111 $ 128,409 $ 129,720 $ 131,044 $ 132,382 $ 133,733 $ 135,097 Hackley Library 2.39970 $ - $ 2,031 $ 33,527 $ 100,718 $ 101,747 $ 102,786 $ 103,836 $ 104,896 $ 105,967 $ 107,048 $ 108,140 MPS Sinking 0.99810 $ - $ 845 $ 13,945 $ 41,891 $ 42,319 $ 42,752 $ 43,188 $ 43,629 $ 44,074 $ 44,524 $ 44,978 County Operating 5.69780 $ - $ 4,821 $ 79,605 $ 239,143 $ 241,586 $ 244,054 $ 246,546 $ 249,063 $ 251,605 $ 254,172 $ 256,766 Local Total 30.3198 $ - $ 25,656 $ 423,604 $ 1,272,558 $ 1,285,557 $ 1,298,687 $ 1,311,948 $ 1,325,341 $ 1,338,869 $ 1,352,531 $ 1,366,331 Non-Capturable Millages Millage Rate Community College Debt 0.34000 $ - $ 288 $ 4,750 $ 14,270 $ 14,416 $ 14,563 $ 14,712 $ 14,862 $ 15,014 $ 15,167 $ 15,322 Hackley Debt 0.45320 $ - $ 383 $ 6,332 $ 19,021 $ 19,216 $ 19,412 $ 19,610 $ 19,810 $ 20,013 $ 20,217 $ 20,423 MPS Debt - 1995 3.86000 $ - $ 3,266 $ 53,929 $ 162,009 $ 163,664 $ 165,335 $ 167,024 $ 168,729 $ 170,451 $ 172,190 $ 173,947 MPS Debt - 2009 3.50000 $ - $ 2,962 $ 48,899 $ 146,899 $ 148,400 $ 149,915 $ 151,446 $ 152,992 $ 154,554 $ 156,131 $ 157,724 Total Non-Capturable Taxes 8.1532 $ - $ 6,899 $ 113,910 $ 342,200 $ 345,695 $ 349,226 $ 352,792 $ 356,393 $ 360,031 $ 363,705 $ 367,416 1 Assumes 1% annual increase for inflation Total Tax Increment Revenue (TIR) Available for Capture $ - $ 45,951 $ 758,686 $ 2,279,186 $ 2,302,469 $ 2,325,984 $ 2,349,735 $ 2,373,723 $ 2,397,951 $ 2,422,422 $ 2,447,137 Notes- Table 2 assumes incremental annual investment with project completion in 2025. For the purpose of Table 2 the new taxable value is estimated based on 35% of a total overall investment of $125,000,000 Z:\2020\201515\WORK\Rept\Brownfield Plan Amendment\2022 Amendment\TB 1354 TBL02 and TBL03_TIF_ Adelaide rev 1122022.xlsx Table 1 - Estimate of Total Incremental Taxes Available for Capture 2 of 3 1148 and 1204 West Western Avenue, Muskegon, Muskegon County, Michigan Estimated Taxable Value (TV) Increase Rate: Plan Year 11 12 13 14 15 16 17 18 19 20 21 22 Calendar Year 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 Base Taxable Value $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 Estimated New TV $ 46,427,481 $ 46,891,756 $ 47,360,674 $ 47,834,280 $ 48,312,623 $ 48,795,749 $ 49,283,707 $ 49,776,544 $ 50,274,309 $ 50,777,052 $ 51,284,823 $ 51,797,671 1 Incremental Difference (New TV - Base TV) $ 45,523,671 $ 45,987,946 $ 46,456,864 $ 46,930,470 $ 47,408,813 $ 47,891,939 $ 48,379,897 $ 48,872,734 $ 49,370,499 $ 49,873,242 $ 50,381,013 $ 50,893,861 School Capture Millage Rate State Education Tax (SET) 6.00000 $ 273,142 $ 275,928 $ 278,741 $ 281,583 $ 284,453 $ 287,352 $ 290,279 $ 293,236 $ 296,223 $ 299,239 $ 302,286 $ 305,363 School Operating Tax 17.98380 $ 818,689 $ 827,038 $ 835,471 $ 843,988 $ 852,591 $ 861,279 $ 870,054 $ 878,917 $ 887,869 $ 896,910 $ 906,042 $ 915,265 School Total 23.9838 $ 1,091,831 $ 1,102,966 $ 1,114,212 $ 1,125,571 $ 1,137,043 $ 1,148,631 $ 1,160,334 $ 1,172,154 $ 1,184,092 $ 1,196,150 $ 1,208,328 $ 1,220,628 Local Capture Millage Rate County Museum 0.32200 $ 14,659 $ 14,808 $ 14,959 $ 15,112 $ 15,266 $ 15,421 $ 15,578 $ 15,737 $ 15,897 $ 16,059 $ 16,223 $ 16,388 County Veterans 0.07150 $ 3,255 $ 3,288 $ 3,322 $ 3,356 $ 3,390 $ 3,424 $ 3,459 $ 3,494 $ 3,530 $ 3,566 $ 3,602 $ 3,639 Senior Citzens Services 0.49990 $ 22,757 $ 22,989 $ 23,224 $ 23,461 $ 23,700 $ 23,941 $ 24,185 $ 24,431 $ 24,680 $ 24,932 $ 25,185 $ 25,442 Central Dispatch 0.29999 $ 13,657 $ 13,796 $ 13,937 $ 14,079 $ 14,222 $ 14,367 $ 14,513 $ 14,661 $ 14,811 $ 14,961 $ 15,114 $ 15,268 Community College 2.20340 $ 100,307 $ 101,330 $ 102,363 $ 103,407 $ 104,461 $ 105,525 $ 106,600 $ 107,686 $ 108,783 $ 109,891 $ 111,010 $ 112,140 M.A.I.S.D 4.75410 $ 216,424 $ 218,631 $ 220,861 $ 223,112 $ 225,386 $ 227,683 $ 230,003 $ 232,346 $ 234,712 $ 237,102 $ 239,516 $ 241,955 City Operating 10.07540 $ 458,669 $ 463,347 $ 468,071 $ 472,843 $ 477,663 $ 482,530 $ 487,447 $ 492,412 $ 497,428 $ 502,493 $ 507,609 $ 512,776 City Sanitation 2.99790 $ 136,475 $ 137,867 $ 139,273 $ 140,693 $ 142,127 $ 143,575 $ 145,038 $ 146,516 $ 148,008 $ 149,515 $ 151,037 $ 152,575 Hackley Library 2.39970 $ 109,243 $ 110,357 $ 111,483 $ 112,619 $ 113,767 $ 114,926 $ 116,097 $ 117,280 $ 118,474 $ 119,681 $ 120,899 $ 122,130 MPS Sinking 0.99810 $ 45,437 $ 45,901 $ 46,369 $ 46,841 $ 47,319 $ 47,801 $ 48,288 $ 48,780 $ 49,277 $ 49,778 $ 50,285 $ 50,797 County Operating 5.69780 $ 259,385 $ 262,030 $ 264,702 $ 267,400 $ 270,126 $ 272,879 $ 275,659 $ 278,467 $ 281,303 $ 284,168 $ 287,061 $ 289,983 Local Total 30.3198 $ 1,380,268 $ 1,394,345 $ 1,408,562 $ 1,422,922 $ 1,437,425 $ 1,452,074 $ 1,466,868 $ 1,481,811 $ 1,496,903 $ 1,512,146 $ 1,527,542 $ 1,543,091 Non-Capturable Millages Millage Rate Community College Debt 0.34000 $ 15,478 $ 15,636 $ 15,795 $ 15,956 $ 16,119 $ 16,283 $ 16,449 $ 16,617 $ 16,786 $ 16,957 $ 17,130 $ 17,304 Hackley Debt 0.45320 $ 20,631 $ 20,842 $ 21,054 $ 21,269 $ 21,486 $ 21,705 $ 21,926 $ 22,149 $ 22,375 $ 22,603 $ 22,833 $ 23,065 MPS Debt - 1995 3.86000 $ 175,721 $ 177,513 $ 179,323 $ 181,152 $ 182,998 $ 184,863 $ 186,746 $ 188,649 $ 190,570 $ 192,511 $ 194,471 $ 196,450 MPS Debt - 2009 3.50000 $ 159,333 $ 160,958 $ 162,599 $ 164,257 $ 165,931 $ 167,622 $ 169,330 $ 171,055 $ 172,797 $ 174,556 $ 176,334 $ 178,129 Total Non-Capturable Taxes 8.1532 $ 371,164 $ 374,949 $ 378,772 $ 382,634 $ 386,534 $ 390,473 $ 394,451 $ 398,469 $ 402,528 $ 406,627 $ 410,766 $ 414,948 1 Assumes 1% annual increase for inflation Total Tax Increment Revenue (TIR) Available for Capture $ 2,472,099 $ 2,497,311 $ 2,522,774 $ 2,548,493 $ 2,574,469 $ 2,600,704 $ 2,627,202 $ 2,653,965 $ 2,680,995 $ 2,708,296 $ 2,735,870 $ 2,763,719 Notes- Table 2 assumes incremental annual investment with project completion in 2025. For the purpose of Table 2 the new taxable value is estimated based on 35% of a total overall investment of $125,000,000 Z:\2020\201515\WORK\Rept\Brownfield Plan Amendment\2022 Amendment\TB 1355 TBL02 and TBL03_TIF_ Adelaide rev 1122022.xlsx Table 1 - Estimate of Total Incremental Taxes Available for Capture 3 of 3 1148 and 1204 West Western Avenue, Muskegon, Muskegon County, Michigan Estimated Taxable Value (TV) Increase Rate: Plan Year 23 24 25 26 27 28 29 30 TOTAL Calendar Year 2044 2045 2046 2047 2048 2049 2050 2051 Base Taxable Value $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ - Estimated New TV $ 52,315,648 $ 52,838,804 $ 53,367,192 $ 53,900,864 $ 54,439,873 $ 54,984,272 $ 55,534,115 $ 56,089,456 $ - 1 Incremental Difference (New TV - Base TV) $ 51,411,838 $ 51,934,994 $ 52,463,382 $ 52,997,054 $ 53,536,063 $ 54,080,462 $ 54,630,305 $ 55,185,646 $ - School Capture Millage Rate State Education Tax (SET) 6.00000 $ 308,471 $ 311,610 $ 314,780 $ 317,982 $ 321,216 $ 324,483 $ 327,782 $ 331,114 $ 4,441,724 School Operating Tax 17.98380 $ 924,580 $ 933,989 $ 943,491 $ 953,088 $ 962,782 $ 972,572 $ 982,460 $ 992,448 $ 13,313,180 School Total 23.9838 $ 1,233,051 $ 1,245,599 $ 1,258,271 $ 1,271,071 $ 1,283,998 $ 1,297,055 $ 1,310,242 $ 1,323,561 $ 17,754,904 Local Capture Millage Rate County Museum 0.32200 $ 16,555 $ 16,723 $ 16,893 $ 17,065 $ 17,239 $ 17,414 $ 17,591 $ 17,770 $ 238,373 County Veterans 0.07150 $ 3,676 $ 3,713 $ 3,751 $ 3,789 $ 3,828 $ 3,867 $ 3,906 $ 3,946 $ 52,931 Senior Citzens Services 0.49990 $ 25,701 $ 25,962 $ 26,226 $ 26,493 $ 26,763 $ 27,035 $ 27,310 $ 27,587 $ 370,070 Central Dispatch 0.29999 $ 15,423 $ 15,580 $ 15,738 $ 15,899 $ 16,060 $ 16,224 $ 16,389 $ 16,555 $ 222,079 Community College 2.20340 $ 113,281 $ 114,434 $ 115,598 $ 116,774 $ 117,961 $ 119,161 $ 120,372 $ 121,596 $ 1,631,149 M.A.I.S.D 4.75410 $ 244,417 $ 246,904 $ 249,416 $ 251,953 $ 254,516 $ 257,104 $ 259,718 $ 262,358 $ 3,519,400 City Operating 10.07540 $ 517,995 $ 523,266 $ 528,590 $ 533,967 $ 539,397 $ 544,882 $ 550,422 $ 556,017 $ 7,458,691 City Sanitation 2.99790 $ 154,128 $ 155,696 $ 157,280 $ 158,880 $ 160,496 $ 162,128 $ 163,776 $ 165,441 $ 2,219,307 Hackley Library 2.39970 $ 123,373 $ 124,628 $ 125,896 $ 127,177 $ 128,470 $ 129,777 $ 131,096 $ 132,429 $ 1,776,468 MPS Sinking 0.99810 $ 51,314 $ 51,836 $ 52,364 $ 52,896 $ 53,434 $ 53,978 $ 54,527 $ 55,081 $ 738,881 County Operating 5.69780 $ 292,934 $ 295,915 $ 298,926 $ 301,967 $ 305,038 $ 308,140 $ 311,273 $ 314,437 $ 4,218,009 Local Total 30.3198 $ 1,558,796 $ 1,574,658 $ 1,590,679 $ 1,606,860 $ 1,623,202 $ 1,639,708 $ 1,656,379 $ 1,673,217 $ 22,445,357 Non-Capturable Millages Millage Rate Community College Debt 0.34000 $ 17,480 $ 17,658 $ 17,838 $ 18,019 $ 18,202 $ 18,387 $ 18,574 $ 18,763 $ 251,698 Hackley Debt 0.45320 $ 23,300 $ 23,537 $ 23,776 $ 24,018 $ 24,263 $ 24,509 $ 24,758 $ 25,010 $ 335,498 MPS Debt - 1995 3.86000 $ 198,450 $ 200,469 $ 202,509 $ 204,569 $ 206,649 $ 208,751 $ 210,873 $ 213,017 $ 2,857,509 MPS Debt - 2009 3.50000 $ 179,941 $ 181,772 $ 183,622 $ 185,490 $ 187,376 $ 189,282 $ 191,206 $ 193,150 $ 2,591,006 Total Non-Capturable Taxes 8.1532 $ 419,171 $ 423,436 $ 427,744 $ 432,096 $ 436,490 $ 440,929 $ 445,412 $ 449,940 $ 6,035,711 1 Assumes 1% annual increase for inflation Total Tax Increment Revenue (TIR) Available for Capture $ 2,791,847 $ 2,820,257 $ 2,848,950 $ 2,877,930 $ 2,907,200 $ 2,936,763 $ 2,966,622 $ 2,996,779 $ 40,200,261 Notes- Table 2 assumes incremental annual investment with project completion in 2025. For the purpose of Table 2 the new taxable value is estimated based on 35% of a total overall investment of $125,000,000 Z:\2020\201515\WORK\Rept\Brownfield Plan Amendment\2022 Amendment\TB 1356 TBL02 and TBL03_TIF_ Adelaide rev 1122022.xlsx Table 2 Tax Increment Revenue Reimbursement Allocation 357 Table 2 - Estimate of Total Incremental Taxes Available for Reimbursement 1 of 1 1148 1204 West Western Avenue, Muskegon, Muskegon County, Michigan Developer Proportionality Maximum School & Reimbursement Local Taxes Estimated Developer Capture $ 35,814,206 44.1% State $ 13,499,629 Estimated City of Muskegon Capture $ 8,101,388 55.9% Local 31,750,577 Estimated Years of Capture: 29 years BRA Administrative Fee $ 170,500 TOTAL $ 45,250,206 State Brownfield Redevelopment Fund $ 2,220,862 EGLE $ 365,354 Local Brownfield Revolving Fund $ - MSF $32,480,452 Local Only $ 12,404,400 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 TOTAL Total State Incremental Revenue $ - $ 20,295 $ 335,082 $ 1,006,629 $ 1,016,912 $ 1,027,298 $ 1,037,787 $ 1,048,382 $ 1,059,083 $ 1,069,890 $ 1,080,806 $ 1,091,831 $ 1,102,966 $ 1,114,212 $ 1,125,571 $ 1,137,043 $ 1,148,631 $ 1,160,334 $ 1,172,154 $ 1,184,092 $ 1,196,150 $ 1,208,328 $ 1,220,628 $ 1,233,051 $ 1,245,599 $ 1,258,271 $ 1,271,071 $ 1,283,998 $ 1,297,055 $ 1,310,242 $ 1,323,561 $ 17,754,904 State Brownfield Redevelopment Fund (50% of SET) $ - $ 2,539 $ 41,914 $ 125,914 $ 127,200 $ 128,499 $ 129,811 $ 131,136 $ 132,475 $ 133,827 $ 135,192 $ 136,571 $ 137,964 $ 139,371 $ 140,791 $ 142,226 $ 143,676 $ 145,140 $ 146,618 $ 148,111 $ 149,620 $ 151,143 $ 152,682 $ 154,236 $ 155,805 $ 157,390 $ 158,991 $ 160,608 $ 162,241 $ 163,891 $ 165,557 $ 2,220,862 State TIR Available for Reimbursement $ - $ 17,756 $ 293,169 $ 880,715 $ 889,712 $ 898,799 $ 907,976 $ 917,246 $ 926,608 $ 936,064 $ 945,614 $ 955,260 $ 965,002 $ 974,842 $ 984,780 $ 994,817 $ 1,004,955 $ 1,015,194 $ 1,025,536 $ 1,035,981 $ 1,046,530 $ 1,057,185 $ 1,067,947 $ 1,078,816 $ 1,089,794 $ 1,100,881 $ 1,112,080 $ 1,123,390 $ 1,134,814 $ 1,146,351 $ 1,158,005 $ 15,534,042 Total Local Incremental Revenue $ - $ 25,656 $ 423,604 $ 1,272,558 $ 1,285,557 $ 1,298,687 $ 1,311,948 $ 1,325,341 $ 1,338,869 $ 1,352,531 $ 1,366,331 $ 1,380,268 $ 1,394,345 $ 1,408,562 $ 1,422,922 $ 1,437,425 $ 1,452,074 $ 1,466,868 $ 1,481,811 $ 1,496,903 $ 1,512,146 $ 1,527,542 $ 1,543,091 $ 1,558,796 $ 1,574,658 $ 1,590,679 $ 1,606,860 $ 1,623,202 $ 1,639,708 $ 1,656,379 $ 1,673,217 $ 22,445,357 BRA Administrative Fee $ - $ 500 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 170,500 Local TIR Available for Reimbursement $ - $ 25,156 $ 413,604 $ 1,262,558 $ 1,275,557 $ 1,288,687 $ 1,301,948 $ 1,315,341 $ 1,328,869 $ 1,342,531 $ 1,356,331 $ 1,370,268 $ 1,384,345 $ 1,398,562 $ 1,412,922 $ 1,427,425 $ 1,442,074 $ 1,456,868 $ 1,471,811 $ 1,486,903 $ 1,502,146 $ 1,517,542 $ 1,533,091 $ 1,548,796 $ 1,564,658 $ 1,580,679 $ 1,596,860 $ 1,613,202 $ 1,629,708 $ 1,646,379 $ 1,663,217 $ 22,274,857 Total State & Local TIR Available $ - $ 42,913 $ 706,772 $ 2,143,273 $ 2,165,269 $ 2,187,486 $ 2,209,924 $ 2,232,587 $ 2,255,477 $ 2,278,595 $ 2,301,945 $ 2,325,528 $ 2,349,347 $ 2,373,404 $ 2,397,702 $ 2,422,242 $ 2,447,028 $ 2,472,062 $ 2,497,347 $ 2,522,884 $ 2,548,676 $ 2,574,727 $ 2,601,038 $ 2,627,612 $ 2,654,452 $ 2,681,560 $ 2,708,939 $ 2,736,592 $ 2,764,522 $ 2,792,731 $ 2,821,222 $ 37,808,899 Beginning DEVELOPER Balance Developer Reimbursement Balance $ - $ - $ 7,702,221 $ 14,583,273 $ 22,669,709 $ 23,615,841 $ 24,239,723 $ 26,925,997 $ 26,603,113 $ 26,252,069 $ 25,871,335 $ 24,263,067 $ 21,937,539 $ 19,588,192 $ 17,214,788 $ 14,817,087 $ 12,394,844 $ 10,444,891 $ 9,437,424 $ 8,363,894 $ 7,220,840 $ 6,004,629 $ 4,711,441 $ 3,337,268 $ 1,877,896 $ 328,900 $ - $ - $ - $ - $ - $ - Pre-Approved Environmental Costs $ 350,000 $ - $ 350,000 $ 322,441 $ - State Tax Reimbursement $ 164,341 $ - $ 17,756 $ 146,584 $ - $ 164,341 Local Tax Reimbursement $ 201,013 $ - $ 25,156 $ 175,857 $ - $ 201,013 Interest (5%) $ 15,354 $ - $ 15,354 $ - $ - $ 15,354 Total EGLE Reimbursement Balance $ - $ 322,441 $ - $ - $ - Non Environmental Costs $ 17,097,500 $ - $ 6,839,000 $ 12,310,200 $ 18,022,468 $ 17,798,374 $ 17,551,526 $ 17,280,673 $ 16,984,497 $ 16,661,613 $ 16,310,569 $ 15,929,835 $ 14,321,567 $ 11,996,039 $ 9,646,692 $ 7,273,288 $ 4,875,587 $ 2,453,344 $ 6,316 State Tax Reimbursement $ 9,998,447 $ - $ 440,358 $ 444,856 $ 449,399 $ 453,988 $ 458,623 $ 463,304 $ 468,032 $ 933,917 $ 955,260 $ 965,002 $ 974,842 $ 984,780 $ 994,817 $ 1,004,955 $ 6,316 $ 9,998,447 Local Tax Reimbursement $ 14,380,617 $ - $ 30,945 $ 631,279 $ 637,779 $ 644,343 $ 650,974 $ 657,671 $ 664,434 $ 671,266 $ 1,356,331 $ 1,370,268 $ 1,384,345 $ 1,398,562 $ 1,412,922 $ 1,427,425 $ 1,442,074 $ 14,380,617 Interest (5%)** $ 7,281,564 $ - $ 341,950 $ 613,963 $ 847,542 $ 835,787 $ 822,889 $ 808,786 $ 793,410 $ 776,694 $ 758,564 $ 681,979 $ 7,281,564 Total Non Environmental Reimbursement Balance $ - $ 7,180,950 $ 12,893,218 $ 17,798,374 $ 17,551,526 $ 17,280,673 $ 16,984,497 $ 16,661,613 $ 16,310,569 $ 15,929,835 $ 14,321,567 $ 11,996,039 $ 9,646,692 $ 7,273,288 $ 4,875,587 $ 2,453,344 $ 6,316 $ - $ - $ - Local Only Costs $ 9,941,500 $ - $ 198,830 $ 1,690,055 $ 4,871,335 $ 6,064,315 $ 6,959,050 $ 9,941,500 $ 9,941,500 $ 9,941,500 $ 9,941,500 $ 9,941,500 $ 9,941,500 $ 9,941,500 $ 9,941,500 $ 9,941,500 $ 9,941,500 $ 9,941,500 $ 10,438,575 $ 9,437,424 $ 8,363,894 $ 7,220,840 $ 6,004,629 $ 4,711,441 $ 3,337,268 $ 1,877,896 $ 328,900 Local Tax Reimbursement $ 12,404,400 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 1,450,552 $ 1,471,811 $ 1,486,903 $ 1,502,146 $ 1,517,542 $ 1,533,091 $ 1,548,796 $ 1,564,658 $ 328,900 $ 12,404,400 Interest (5%) $ 2,462,900 $ - $ 497,075 $ 449,401 $ 398,281 $ 343,850 $ 285,935 $ 224,354 $ 158,918 $ 89,424 $ 15,662 $ - $ 2,462,900 Total Non Environmental Reimbursement Balance $ - $ 198,830 $ 1,690,055 $ 4,871,335 $ 6,064,315 $ 6,959,050 $ 9,941,500 $ 9,941,500 $ 9,941,500 $ 9,941,500 $ 9,941,500 $ 9,941,500 $ 9,941,500 $ 9,941,500 $ 9,941,500 $ 9,941,500 $ 10,438,575 $ 9,437,424 $ 8,363,894 $ 7,220,840 $ 6,004,629 $ 4,711,441 $ 3,337,268 $ 1,877,896 $ 328,900 $ - $ - Total Annual Developer Reimbursement $ - $ 42,913 $ 353,386 $ 631,279 $ 637,779 $ 644,343 $ 1,104,962 $ 1,116,293 $ 1,127,738 $ 1,139,297 $ 2,290,248 $ 2,325,528 $ 2,349,347 $ 2,373,404 $ 2,397,702 $ 2,422,242 $ 2,447,028 $ 1,456,868 $ 1,471,811 $ 1,486,903 $ 1,502,146 $ 1,517,542 $ 1,533,091 $ 1,548,796 $ 1,564,658 $ 328,900 $ 35,814,206 Beginning CITY OF MUSKEGON BONDED ACTIVITIES Balance City of Muskegon Bond Reimbursement Balance $ - $ - $ 6,743,620 $ 6,709,746 $ 5,920,015 $ 5,079,249 $ 4,184,782 $ 3,233,811 $ 2,223,393 $ 1,150,437 $ 11,697 $ - $ - $ - $ - Non Environmental Costs $ 6,743,620 $ - $ 6,743,620 $ 6,743,620 $ 6,709,746 $ 5,920,015 $ 5,079,249 $ 4,184,782 $ 3,233,811 $ 2,223,393 $ 1,150,437 $ 11,697 State Tax Reimbursement $ 3,336,841 $ - $ 146,584 $ 440,358 $ 444,856 $ 449,399 $ 453,988 $ 458,623 $ 463,304 $ 468,032 $ 11,697 $ 3,336,841 Local Tax Reimbursement $ 4,764,547 $ - $ - $ 206,802 $ 631,279 $ 637,779 $ 644,343 $ 650,974 $ 657,671 $ 664,434 $ 671,266 $ - $ 4,764,547 Interest (5%) $ 1,357,768 $ 319,512 $ 281,905 $ 241,869 $ 199,275 $ 153,991 $ 105,876 $ 54,783 $ 557 $ 1,357,768 Total Non-Environmental Reimbursement Balance $ - $ 6,743,620 $ 6,709,746 $ 5,920,015 $ 5,079,249 $ 4,184,782 $ 3,233,811 $ 2,223,393 $ 1,150,437 $ 11,697 $ - $ - Total Annual City of Muskegon Reimbursement $ - $ - $ 353,386 $ 1,071,636 $ 1,082,635 $ 1,093,743 $ 1,104,962 $ 1,116,293 $ 1,127,738 $ 1,139,297 $ 11,697 $ - $ - $ - $ 8,101,388 * Up to five years of capture for LBRF Deposits after eligible activities are reimbursed. May be taken from Local TIR only. 358 Z:\2020\201515\WORK\Rept\Brownfield Plan Amendment\2022 Amendment\TB 1 TBL02 and TBL03_TIF_ Adelaide rev 1122022.xlsx Attachment A Brownfield Plan Resolution(s) 359 360 361 362 City of Muskegon Brownfield Redevelopment Authority Brownfield Plan Amendment for the Adelaide Pointe Project at 1148 & 1204 West Western Avenue Muskegon, Michigan Approved by the City of Muskegon Brownfield Redevelopment Authority Approved by the City of Muskegon Board of Commissioners Prepared with the assistance of: Fishbeck 1515 Arboretum Drive SE Grand Rapids, Michigan 49546 616-464-3876 363 Table of Contents Fishbeck | Page i 1.0 Introduction ...................................................................................................................................................1 1.1 Proposed Redevelopment and Future Use for the Eligible Property ................................................1 1.2 Eligible Property Information ............................................................................................................1 2.0 Information Required by Section 13(2) of the Statute ...................................................................................2 2.1 Description of Costs to Be Paid for With Tax Increment Revenues ..................................................2 2.2 Summary of Eligible Activities ...........................................................................................................4 2.3 Estimate of Captured Taxable Value and Tax Increment Revenues ..................................................5 2.4 Maximum Amount of Note or Bonded Indebtedness .......................................................................5 2.5 Duration of Brownfield Plan..............................................................................................................5 2.6 Estimated Impact of Tax Increment Financing on Revenues of Taxing Jurisdiction ..........................5 2.7 Legal Description, Property Map, Statement of Qualifying Characteristics and Personal Property..5 2.8 Estimates of Residents and Displacement of Individuals/Families....................................................5 2.9 Plan for Relocation of Displaced Persons..........................................................................................6 2.10 Provisions for Relocation Costs .........................................................................................................6 2.11 Strategy for Compliance with Michigan’s Relocation Assistance Law...............................................6 2.12 Other Material that the Authority or Governing Body Considers Pertinent .....................................6 List of Figures Figure 1 – Location Map Figure 2 – Site Layout Map List of Tables Table 1 – Tax Increment Revenue Capture Table 2 – Tax Increment Revenue Reimbursement Allocation List of Attachments Attachment A Brownfield Plan Resolution(s) Attachment B Conceptual Renderings Attachment C Environmental Data Tables and Map Attachment D Reimbursement Agreement 364 October 4, 2021 Fishbeck | Page 1 1.0 Introduction The City of Muskegon Brownfield Redevelopment Authority (the “Authority” or MBRA) was established by the City of Muskegon pursuant to the Brownfield Redevelopment Financing Act, 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 development incentives through tax increment financing for certain eligible properties. This Brownfield Plan Amendment (“Plan Amendment”) serves as an amendment to the City of Muskegon’s existing Brownfield Plan, allowing inclusion of the eligible property described in Sections 1.1 and 1.2 below. Incorporation of eligible property into the City’s Brownfield Plan permits the use of tax increment financing to reimburse Adelaide Pointe QOZB, LLC (“Developer”) for the cost of eligible activities required to redevelop the eligible property. See Attachment A for copies of Plan Amendment resolutions. 1.1 Proposed Redevelopment and Future Use for the Eligible Property The Developer is proposing to redevelop a former industrial site located at 1148 and 1204 West Western Avenue, Muskegon, Michigan (the “Property”). Proposed redevelopment activities include: revitalizing existing site structures for boat storage, busines offices, and lease space (approx. 218,000 sf); creation of a new 280 slip marina and construction of a three-story, mixed-use building with ground level retail and office space, a second- floor restaurant, and third floor deck area (approx. 7,500 sf); 50 boat condos (totaling approx. 250,000 gross sf); and 250 - 300 residential condo units (averaging approx. 1,500 sf each) within a six building footprint (the “Project”). The Project will create a walkable community that incorporates public access to waterfront activities (e.g., swimming, fishing, boating), inviting greenspace areas, and transient docking. Sustainable development techniques are proposed throughout the Project, including solar boardwalks and roof systems, electric vehicle charging stations, low-impact development stormwater management, and integrated parking. Total private investment, not including property acquisition, is approximately $250,000,000. The mixed-use waterfront development will create approximately 100 new jobs (retail, office, restaurant, marina) and provide contractor work for hundreds of temporary construction workers. Conceptual renderings are provided in Attachment B. The structured five-phase development is summarized in the table below. Development Phase Anticipated Start Date Desired Completion Date Phase I – Revitalize existing buildings for boat storage Spring/Summer 2021 Summer/Fall 2021 Phase II – Creation of forklift in/out service Spring 2022 Spring/Summer 2022 Phase III – Construction of marina, mixed-use building Spring 2022 Fall 2022 Phase IV – Construction of 50 boat storage and Spring 2024 Fall 2027 warehouse Phase V – Construction of residential condos Spring 2025 Fall 2030 1.2 Eligible Property Information The 35-acre Property is located at the west end of West Western Avenue on the south shore of Muskegon Lake. Since the late 1800s, the Property has been utilized for industrial purposes, primarily a lumberyard followed by foundry operations. Based on a recent Phase II Environmental Site Assessment (ESA) completed in December Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2021_1005.DOCX 365 October 5, 2021 Fishbeck | Page 2 2020, these past industrial uses have resulted in widespread contamination across the Property. Known contaminants in the soil with concentrations exceeding Michigan Department of Environment, Great Lakes, and Energy (EGLE) Part 201 Generic Residential Cleanup Criteria (GRCC) include tetrachloroethylene (PCE), arsenic, cadmium, chromium (total), copper, and selenium. Groundwater contaminants with concentrations identified above Part 201 GRCC consist of benzene, cadmium, chromium (total), copper, lead, mercury, and zinc. The Developer is not a liable party and completed a Baseline Environmental Assessment (BEA) in accordance with Part 201 of the Natural Resources and Environmental Protect Act, 1995 PA 451, as amended (NREPA). Given the known contamination, the Property is a “facility” pursuant to Part 201 of NREPA. As such, it is considered an “eligible property” as defined by the Michigan Redevelopment Financing Act, Act 381 of 1996. Maps depicting the location and layout of the Property are attached as Figures 1 and 2. Environmental data tables and map are provided in Attachment C. 2.0 Information Required by Section 13(2) of the Statute 2.1 Description of Costs to Be Paid for With Tax Increment Revenues Act 381 provides pre-approval for certain activities that have been conducted at the Property. Additional activities require BRA approval for reimbursement from local, school operating, and state education taxes. Tax increment revenues will be used to reimburse the Developer and the City of Muskegon for the following eligible activities. • Pre-approved BEA, documentation of due care, asbestos/lead paint survey, and additional due care assessment • Due care activities • Asbestos, lead paint, and mold abatement • Select building and site demolition • Site preparation • Infrastructure improvements (public)- Developer & City • 15% contingency • Brownfield Plan Amendment • Brownfield Plan Amendment Implementation • Interest The table below provides an eligible activity cost summary for the Project. Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2021_1005.DOCX 366 October 5, 2021 Fishbeck | Page 3 ELIGIBLE ACTIVITIES COST SUMMARY EGLE Eligible Activities Estimated Cost Department Specific Activities $350,000 1. Pre-Approved Sub-Total $52,000 a. BEA activities $33,000 b. Documentation of due care $20,000 c. Hazardous materials survey (e.g., asbestos, lead paint, etc.) d. Due care assessment $245,000 EGLE Eligible Activities Total Costs $350,000 Interest (5%) $15,354 EGLE Eligible Costs Sub-Total $365,354 Local Only Eligible Activities Estimated Cost Department Specific Activities 2. Due Care Sub-Total $3,250,000 a. Vapor intrusion mitigation $500,000 b. Soil capping $1,500,000 c. Dewatering $250,000 d. Contaminated Soil/Dredge Materials Removal and Disposal $1,000,000 Local Only Department Specific Activities Total Costs $3,250,000 Non-Environmental Activities 3. Asbestos, lead paint, and mold abatement Sub-Total $1,250,000 4. Demolition (select interior and site grounds) Sub-Total $1,500,000 Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2021_1005.DOCX 367 October 5, 2021 Fishbeck | Page 4 5. Site preparation Sub-Total $5,545,000 a. Clearing and grubbing $300,000 b. Dredging $800,000 c. Compaction and sub-base preparation $350,000 d. Cut and fill $300,000 e. Excavation for unstable material $70,000 f. Fill $850,000 g. Geotechnical engineering $180,000 h. Grading/land balancing $1,250,000 i. Relocation of active utilities $350,000 j. Temporary erosion control $110,000 k. Temporary facility $165,000 l. Temporary site control $195,000 m. Surveying and staking $125,000 n. Architectural/engineering costs related to eligible activities $500,000 6. Infrastructure improvements (Public) $13,000,000 a. Marina basin (breakwater system/gangway/dockage) $10,000,000 b. Parks (Linear Park, East Peninsula Park, Commuter Bike $2,000,000 Path) c. East Basin Launch Well $1,000,000 Local Only Non-Environmental Activities Total Costs $21,295,000 EGLE and Local Only Eligible Costs Sub-Total $24,910,354 Contingency (15%)* $3,681,750 Brownfield Plan Amendment Preparation $10,000 Brownfield Plan Amendment Implementation $10,000 Interest (5%) $25,554,653 Total EGLE and Local Only Eligible Costs $54,166,757 *Not applied to previously completed Department Specific Activities ELIGIBLE ACTIVITIES COST SUMMARY- City of Muskegon Bond Local Only Activities Total Costs 1. Public Infrastructure (sub-total) $10,000,000 a. Roadways (Adelaide Point Ave, East Circle Drive, West $6,840,000 Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2021_1005.DOCX 368 October 5, 2021 Fishbeck | Page 5 Circle Drive, Adelaide Point Drive, South Circle Drive) b. West Western Reconfiguration $1,035,000 c. East Basin Launch Well $1,615,000 2. Site Preparation (sub-total) a. Mass Grade Site $510,000 Local Only Non-Environmental Activities Total Costs $10,000,000 Interest (5%) $2,608,621 Total City of Muskegon Bond Eligible Costs $12,608,621 2.2 Summary of Eligible Activities Eligible activities as defined by Act 381 and included in this Plan Amendment consist of the following: Pre-Approved Activities: These activities are permitted to occur prior to Plan Amendment approval. Preparation of a Phase I ESA, BEA and Documentation of Due Care Compliance are necessary to protect the new Property owner/Developer from liability for environmental contamination. A Hazardous Materials Investigation was conducted to evaluate potential asbestos, lead paint, and other materials, as required by regulatory agencies prior to select building demolition activities. Due care assessment will be conducted to verify compliance with applicable due care obligations. Pre-approved activities can be reimbursed from state school and local tax increment revenues. Due Care Activities: Due care activities will include implementation of vapor intrusion mitigation systems, as applicable, to prevent unacceptable exposures to potential indoor air inhalation concerns. Soil capping will be completed to protect against direct contact concerns related to known contamination. Contaminated soils/dredge materials which cannot be utilized on the Site will be hauled to an appropriate Type 2 landfill for disposal. During construction activities, dewatering may be necessary. Contaminated groundwater will be properly managed to comply with due care. Due care costs will include environmental oversight and management. Asbestos, Lead Paint, and Mold Abatement: As applicable, and prior to select building demolition activities, asbestos, lead paint, and mold must be abated in accordance with applicable regulatory guidelines. Demolition: Select building and Site demolition will be necessary to facilitate safe redevelopment and reuse of the Property. Site Preparation: Site preparation is expected to include clearing and grubbing, dredging, compaction and sub-base preparation, cut and fill, excavation for unstable material, fill, geotechnical engineering, grading, land balancing, relocation of active utilities, temporary erosion control, temporary facility, temporary site control, surveying, staking and associated professional fees. Public Infrastructure Improvements: Infrastructure improvements will include marina launch and basin enhancements, sidewalks, bike paths, boardwalks, fishing docks, roadways, curb and gutter, lighting, landscaping, irrigation, low-impact design stormwater management, utilities, and other streetscape improvements. Costs will include oversight, management, and associated professional fees. Plan Amendment Preparation: This Plan Amendment was required for authorization of reimbursement to the Developer from tax increment revenues under Public Act 381 of 1996, as amended. Plan Amendment Implementation: Tracking, submittal, review of invoices for reimbursement, plan compliance, and data reporting will be conducted. Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2021_1005.DOCX 369 October 5, 2021 Fishbeck | Page 6 Contingency: A 15% contingency is included for those activities not already completed. 2.3 Estimate of Captured Taxable Value and Tax Increment Revenues For the purposes of this Plan Amendment, the taxable value base year is 2021. The 2021 taxable value of the eligible property is $903,810. After completion of the development, the taxable value is estimated at $87,500,000. This Plan Amendment assumes a 1.0% annual increase in the taxable value of the eligible property. Initial capture is anticipated to begin in 2022. The estimated captured taxable value for the redevelopment by year and in aggregate for each taxing jurisdiction is depicted in tabular form (Table 1: Tax Increment Revenue Capture). Actual taxable values and tax increment revenues may vary year to year based on economic and market conditions, tax incentives, building additions, and property improvements, among other factors. A summary of the estimated reimbursement schedule by year and in aggregate is presented as Table 2: Tax Increment Revenue Reimbursement Allocation. Method of Financing and Description of Advances Made by the Municipality The cost of the eligible activities included in this Plan Amendment will be paid for by the Developer and the City of Muskegon. The Developer and City of Muskegon will seek reimbursement for eligible activity costs through capture of available local and state (as applicable) tax increment revenues as permitted by Act 381. Additionally, as necessary personal property taxes may be utilized as well for reimbursement. Refer to Attachment D for a copy of the Reimbursement Agreement. 2.4 Maximum Amount of Note or Bonded Indebtedness The City of Muskegon plans to utilize bond proceeds to pay for certain eligible site preparation and public infrastructure costs incurred by the City, which will be repaid via tax increment revenues generated by redevelopment of the Site, and subject to the Reimbursement/Development Agreement. Refer to the table in Section 2.1 for additional information relative to the costs and breakdown of costs associated with the bond. Refer to Table 2 for the reimbursement schedule. 2.5 Duration of Brownfield Plan Capture of tax increment revenues for City reimbursement is anticipated to commence in 2023 and end in 2029. Developer reimbursement will follow with an estimated start date of 2029. The anticipated end date for Developer reimbursement is 2048. It is projected that the Plan Amendment will extend 30 years, which assumes four years of additional capture of tax increment revenues for deposit into a Local Brownfield Revolving Fund, if available. 2.6 Estimated Impact of Tax Increment Financing on Revenues of Taxing Jurisdiction The estimated amount of tax increment revenues to be captured for this redevelopment from each taxing jurisdiction by year and in aggregate is presented in Tables 1 and 2. Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2021_1005.DOCX 370 October 5, 2021 Fishbeck | Page 7 2.7 Legal Description, Property Map, Statement of Qualifying Characteristics and Personal Property • The legal description is as follows: 1148 W. Western Avenue COM AT SE COR LOT 4 BLK 577 FOR POB TH N 1 DEG 41 MIN W 158.40 FT TH N 76 DEG 43 MIN W 103.55 FT TH NWLY ON THE ARC OF A 492.47 FT RAD CURVE TO THE RT 110.31 FT (LONG CORD BEARS N 70D 18M W 110.07 FT CENTRAL ANGLE IS 12D 50M 00S) TH N 63 DEG 53 MIN W 67 FT TH N 2 DEG 4 MIN W 33.8 FT TO RR R/W TH CON'T N 2 DEG 4 MIN W 367.7 FT TH N 37 DEG W 730 FT 1204 W. Western Avenue PART OF SECTION 25 T10N R17W PRT OF BLKS 578-580DESC AS FOLS COM AT SE COR LOT 4 BLK 577 TH S 88D 15M W ALG SLY LN SD BLK 577 EXTND (ALSO BEING NLY LN WESTERN AVE) 847.15 FT FOR POB TH N 01D 56M 50S W 256.10 FT TH N 31D 37M 35S E 47 FT TH N 55D 15M 15S E 89.20 FT TH N 35D 54M 50S W 127.65 FT TH N 02D 52M 10S W 553 FT TH S 55D 13 M W 243 FTCOM 375 FT N OF SW COR OF SW ¼ OF NW ¼, TH N TO A POINT745 FT S OF NW COR, TH E 225 FT, TH S TO A POINT DUE E OF POB; TH W 225 FT TO POB. SEC 16, T10N RSW. 1.03 AC M/L. • The Property layout is depicted on Figure 2. • The Property is considered an “eligible property” as defined by Act 381 because the Property is a facility pursuant to Part 201. Facility verification is included in Attachment C. • New personal property added to the Property is included as part of the Eligible Property to the extent it is taxable. 2.8 Estimates of Residents and Displacement of Individuals/Families No residents or families will be displaced because of the Project. 2.9 Plan for Relocation of Displaced Persons Not applicable. 2.10 Provisions for Relocation Costs Not applicable. 2.11 Strategy for Compliance with Michigan’s Relocation Assistance Law Not applicable. 2.12 Other Material that the Authority or Governing Body Considers Pertinent The Project will significantly improve the Muskegon Lake shoreline through revitalization of Property once used for industrial purposes. Existing structures will be revitalized, and environmental exposure risks mitigated. A new marina with transient boat slips will provide boaters with opportunities to access the vibrant Muskegon downtown and other nearby recreational activities. Construction of new boat storage and residential condominiums will expand Muskegon Lake access and increase long-term tax revenues for the City of Muskegon and the State of Michigan. The Development will also create numerous job opportunities for the community. Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2021_1005.DOCX 371 Figure 1 Location Map 372 VICINITY MAP MICHIGAN CITY OF MUSKEGON _ ^ MUSKEGON COUNTY Hard copy is intended to be 8.5"x11" when plotted. Scale(s) indicated and graphic quality may not be accurate for any other size. 1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan Baseline Environmental Assessment Leestma Management, LLC SITE PLOT INFO: Z:\2020\201515\CAD\GIS\mapdoc\FIG01_LocationMap.mxd Date: 12/11/2020 4:33:47 PM User: bahannah PROJECT NO. 201515 LOCATION MAP 1 FIGURE NO. FEET NORTH 0 1,000 2,000 © OpenStreetMap (and) contributors, CC-BY-SA ©Copyright 2020 All Rights Reserved 373 Figure 2 Site Layout Map 374 LEGEND Approximate Property Boundary Hard copy is intended to be 8.5"x11" when plotted. Scale(s) indicated and graphic quality may not be accurate for any other size. 1148 & 1204 West Western Ave., Muskegon, Muskegon County, MI Leesta Management, LLC Baseline Environmental Assessment PLOT INFO: Z:\2020\201515\CAD\GIS\mapdoc\FIG03_SiteMap.mxd Date: 12/11/2020 4:43:23 PM User: bahannah PROJECT NO. SITE MAP 201515 Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community, FIGURE NO. Esri, HERE, Garmin, (c) OpenStreetMap contributors, Esri, HERE, FEET Garmin, (c) OpenStreetMapNORTH 0 and the contributors, 150 GIS user300 2 community ©Copyright 2020 All Rights Reserved 375 Table 1 Tax Increment Revenue Capture 376 Table 1 - Estimate of Total Incremental Taxes Available for Capture 1 of 3 1148 and 1204 West Western Avenue, Muskegon, Muskegon County, Michigan Estimated Taxable Value (TV) Increase Rate: 1% Plan Year 0 1 2 3 4 5 6 7 8 9 10 Calendar Year 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Base Taxable Value $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 Estimated New TV $ - $ 1,750,000 $ 14,875,000 $ 42,875,000 $ 53,375,000 $ 61,250,000 $ 87,500,000 $ 88,375,000 $ 89,258,750 $ 90,151,338 $ 91,052,851 Incremental Difference (New TV - Base TV)1 $ - $ 846,190 $ 13,971,190 $ 41,971,190 $ 52,471,190 $ 60,346,190 $ 86,596,190 $ 87,471,190 $ 88,354,940 $ 89,247,528 $ 90,149,041 School Capture Millage Rate State Education Tax (SET) 6.00000 $ - $ 5,077 $ 83,827 $ 251,827 $ 314,827 $ 362,077 $ 519,577 $ 524,827 $ 530,130 $ 535,485 $ 540,894 School Operating Tax 17.98380 $ - $ 15,218 $ 251,255 $ 754,801 $ 943,631 $ 1,085,254 $ 1,557,329 $ 1,573,064 $ 1,588,958 $ 1,605,010 $ 1,621,222 School Total 23.9838 $ - $ 20,295 $ 335,082 $ 1,006,629 $ 1,258,459 $ 1,447,331 $ 2,076,906 $ 2,097,892 $ 2,119,087 $ 2,140,495 $ 2,162,117 Local Capture Millage Rate County Museum 0.32200 $ - $ 272 $ 4,499 $ 13,515 $ 16,896 $ 19,431 $ 27,884 $ 28,166 $ 28,450 $ 28,738 $ 29,028 County Veterans 0.07150 $ - $ 61 $ 999 $ 3,001 $ 3,752 $ 4,315 $ 6,192 $ 6,254 $ 6,317 $ 6,381 $ 6,446 Senior Citzens Services 0.49990 $ - $ 423 $ 6,984 $ 20,981 $ 26,230 $ 30,167 $ 43,289 $ 43,727 $ 44,169 $ 44,615 $ 45,066 Central Dispatch 0.29999 $ - $ 254 $ 4,191 $ 12,591 $ 15,741 $ 18,103 $ 25,978 $ 26,240 $ 26,506 $ 26,773 $ 27,044 Community College 2.20340 $ - $ 1,864 $ 30,784 $ 92,479 $ 115,615 $ 132,967 $ 190,806 $ 192,734 $ 194,681 $ 196,648 $ 198,634 M.A.I.S.D 4.75410 $ - $ 4,023 $ 66,420 $ 199,535 $ 249,453 $ 286,892 $ 411,687 $ 415,847 $ 420,048 $ 424,292 $ 428,578 City Operating 10.07540 $ - $ 8,526 $ 140,765 $ 422,877 $ 528,668 $ 608,012 $ 872,491 $ 881,307 $ 890,211 $ 899,205 $ 908,288 City Sanitation 2.99790 $ - $ 2,537 $ 41,884 $ 125,825 $ 157,303 $ 180,912 $ 259,607 $ 262,230 $ 264,879 $ 267,555 $ 270,258 Hackley Library 2.39970 $ - $ 2,031 $ 33,527 $ 100,718 $ 125,915 $ 144,813 $ 207,805 $ 209,905 $ 212,025 $ 214,167 $ 216,331 MPS Sinking 0.99810 $ - $ 845 $ 13,945 $ 41,891 $ 52,371 $ 60,232 $ 86,432 $ 87,305 $ 88,187 $ 89,078 $ 89,978 County Operating 5.69780 $ - $ 4,821 $ 79,605 $ 239,143 $ 298,970 $ 343,841 $ 493,408 $ 498,393 $ 503,429 $ 508,515 $ 513,651 Local Total 30.3198 $ - $ 25,656 $ 423,604 $ 1,272,558 $ 1,590,915 $ 1,829,684 $ 2,625,578 $ 2,652,108 $ 2,678,903 $ 2,705,966 $ 2,733,300 Non-Capturable Millages Millage Rate Community College Debt 0.34000 $ - $ 288 $ 4,750 $ 14,270 $ 17,840 $ 20,518 $ 29,443 $ 29,740 $ 30,041 $ 30,344 $ 30,651 Hackley Debt 0.45320 $ - $ 383 $ 6,332 $ 19,021 $ 23,780 $ 27,349 $ 39,245 $ 39,642 $ 40,042 $ 40,447 $ 40,856 MPS Debt - 1995 3.86000 $ - $ 3,266 $ 53,929 $ 162,009 $ 202,539 $ 232,936 $ 334,261 $ 337,639 $ 341,050 $ 344,495 $ 347,975 MPS Debt - 2009 3.50000 $ - $ 2,962 $ 48,899 $ 146,899 $ 183,649 $ 211,212 $ 303,087 $ 306,149 $ 309,242 $ 312,366 $ 315,522 Total Non-Capturable Taxes 8.1532 $ - $ 6,899 $ 113,910 $ 342,200 $ 427,808 $ 492,015 $ 706,036 $ 713,170 $ 720,375 $ 727,653 $ 735,003 1 Assumes 1% annual increase for inflation Total Tax Increment Revenue (TIR) Available for Capture $ - $ 45,951 $ 758,686 $ 2,279,186 $ 2,849,374 $ 3,277,015 $ 4,702,484 $ 4,750,000 $ 4,797,990 $ 4,846,461 $ 4,895,417 Notes- Table 2 assumes incremental annual investment with project completion in 2030. For the purpose of Table 2 the new taxable value is estimated based on 35% of a total overal investment of $250,000,000 377TBL03_TIF_ Adelaide rev 100421, 10 mil Bond.xlsx Z:\2020\201515\WORK\Rept\Brownfield Plan Amendment\TIF Tables\TB 1 TBL02 and Table 1 - Estimate of Total Incremental Taxes Available for Capture 2 of 3 1148 and 1204 West Western Avenue, Muskegon, Muskegon County, Michigan Estimated Taxable Value (TV) Increase Rate: Plan Year 11 12 13 14 15 16 17 18 19 20 21 22 Calendar Year 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 Base Taxable Value $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 Estimated New TV $ 91,963,379 $ 92,883,013 $ 93,811,843 $ 94,749,962 $ 95,697,461 $ 96,654,436 $ 97,620,980 $ 98,597,190 $ 99,583,162 $ 100,578,994 $ 101,584,784 $ 102,600,631 Incremental Difference (New TV - Base TV)1 $ 91,059,569 $ 91,979,203 $ 92,908,033 $ 93,846,152 $ 94,793,651 $ 95,750,626 $ 96,717,170 $ 97,693,380 $ 98,679,352 $ 99,675,184 $ 100,680,974 $ 101,696,821 School Capture Millage Rate State Education Tax (SET) 6.00000 $ 546,357 $ 551,875 $ 557,448 $ 563,077 $ 568,762 $ 574,504 $ 580,303 $ 586,160 $ 592,076 $ 598,051 $ 604,086 $ 610,181 School Operating Tax 17.98380 $ 1,637,597 $ 1,654,136 $ 1,670,839 $ 1,687,710 $ 1,704,750 $ 1,721,960 $ 1,739,342 $ 1,756,898 $ 1,774,630 $ 1,792,539 $ 1,810,626 $ 1,828,895 School Total 23.9838 $ 2,183,955 $ 2,206,011 $ 2,228,288 $ 2,250,787 $ 2,273,512 $ 2,296,464 $ 2,319,645 $ 2,343,058 $ 2,366,706 $ 2,390,590 $ 2,414,712 $ 2,439,076 Local Capture Millage Rate County Museum 0.32200 $ 29,321 $ 29,617 $ 29,916 $ 30,218 $ 30,524 $ 30,832 $ 31,143 $ 31,457 $ 31,775 $ 32,095 $ 32,419 $ 32,746 County Veterans 0.07150 $ 6,511 $ 6,577 $ 6,643 $ 6,710 $ 6,778 $ 6,846 $ 6,915 $ 6,985 $ 7,056 $ 7,127 $ 7,199 $ 7,271 Senior Citzens Services 0.49990 $ 45,521 $ 45,980 $ 46,445 $ 46,914 $ 47,387 $ 47,866 $ 48,349 $ 48,837 $ 49,330 $ 49,828 $ 50,330 $ 50,838 Central Dispatch 0.29999 $ 27,317 $ 27,593 $ 27,871 $ 28,153 $ 28,437 $ 28,724 $ 29,014 $ 29,307 $ 29,603 $ 29,902 $ 30,203 $ 30,508 Community College 2.20340 $ 200,641 $ 202,667 $ 204,714 $ 206,781 $ 208,868 $ 210,977 $ 213,107 $ 215,258 $ 217,430 $ 219,624 $ 221,840 $ 224,079 M.A.I.S.D 4.75410 $ 432,906 $ 437,278 $ 441,694 $ 446,154 $ 450,658 $ 455,208 $ 459,803 $ 464,444 $ 469,132 $ 473,866 $ 478,647 $ 483,477 City Operating 10.07540 $ 917,462 $ 926,727 $ 936,086 $ 945,538 $ 955,084 $ 964,726 $ 974,464 $ 984,300 $ 994,234 $ 1,004,267 $ 1,014,401 $ 1,024,636 City Sanitation 2.99790 $ 272,987 $ 275,744 $ 278,529 $ 281,341 $ 284,182 $ 287,051 $ 289,948 $ 292,875 $ 295,831 $ 298,816 $ 301,831 $ 304,877 Hackley Library 2.39970 $ 218,516 $ 220,722 $ 222,951 $ 225,203 $ 227,476 $ 229,773 $ 232,092 $ 234,435 $ 236,801 $ 239,191 $ 241,604 $ 244,042 MPS Sinking 0.99810 $ 90,887 $ 91,804 $ 92,732 $ 93,668 $ 94,614 $ 95,569 $ 96,533 $ 97,508 $ 98,492 $ 99,486 $ 100,490 $ 101,504 County Operating 5.69780 $ 518,839 $ 524,079 $ 529,371 $ 534,717 $ 540,115 $ 545,568 $ 551,075 $ 556,637 $ 562,255 $ 567,929 $ 573,660 $ 579,448 Local Total 30.3198 $ 2,760,907 $ 2,788,790 $ 2,816,952 $ 2,845,396 $ 2,874,124 $ 2,903,139 $ 2,932,444 $ 2,962,043 $ 2,991,937 $ 3,022,131 $ 3,052,626 $ 3,083,426 Non-Capturable Millages Millage Rate Community College Debt 0.34000 $ 30,960 $ 31,273 $ 31,589 $ 31,908 $ 32,230 $ 32,555 $ 32,884 $ 33,216 $ 33,551 $ 33,890 $ 34,232 $ 34,577 Hackley Debt 0.45320 $ 41,268 $ 41,685 $ 42,106 $ 42,531 $ 42,960 $ 43,394 $ 43,832 $ 44,275 $ 44,721 $ 45,173 $ 45,629 $ 46,089 MPS Debt - 1995 3.86000 $ 351,490 $ 355,040 $ 358,625 $ 362,246 $ 365,903 $ 369,597 $ 373,328 $ 377,096 $ 380,902 $ 384,746 $ 388,629 $ 392,550 MPS Debt - 2009 3.50000 $ 318,708 $ 321,927 $ 325,178 $ 328,462 $ 331,778 $ 335,127 $ 338,510 $ 341,927 $ 345,378 $ 348,863 $ 352,383 $ 355,939 Total Non-Capturable Taxes 8.1532 $ 742,427 $ 749,925 $ 757,498 $ 765,146 $ 772,872 $ 780,674 $ 788,554 $ 796,514 $ 804,552 $ 812,672 $ 820,872 $ 829,155 1 Assumes 1% annual increase for inflation Total Tax Increment Revenue (TIR) Available for Capture $ 4,944,862 $ 4,994,801 $ 5,045,240 $ 5,096,183 $ 5,147,636 $ 5,199,603 $ 5,252,090 $ 5,305,101 $ 5,358,643 $ 5,412,720 $ 5,467,338 $ 5,522,502 Notes- Table 2 assumes incremental annual investment with project completion in 2030. For the purpose of Table 2 the new taxable value is estimated based on 35% of a total overal investment of $250,000,000 378TBL03_TIF_ Adelaide rev 100421, 10 mil Bond.xlsx Z:\2020\201515\WORK\Rept\Brownfield Plan Amendment\TIF Tables\TB 1 TBL02 and Table 1 - Estimate of Total Incremental Taxes Available for Capture 3 of 3 1148 and 1204 West Western Avenue, Muskegon, Muskegon County, Michigan Estimated Taxable Value (TV) Increase Rate: Plan Year 23 24 25 26 27 28 29 30 TOTAL Calendar Year 2044 2045 2046 2047 2048 2049 2050 2051 Base Taxable Value $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ - Estimated New TV $ 103,626,638 $ 104,662,904 $ 105,709,533 $ 106,766,628 $ 107,834,295 $ 108,912,638 $ 110,001,764 $ 111,101,782 $ - Incremental Difference (New TV - Base TV)1 $ 102,722,828 $ 103,759,094 $ 104,805,723 $ 105,862,818 $ 106,930,485 $ 108,008,828 $ 109,097,954 $ 110,197,972 $ - School Capture Millage Rate State Education Tax (SET) 6.00000 $ 616,337 $ 622,555 $ 628,834 $ 635,177 $ 641,583 $ 648,053 $ 654,588 $ 661,188 $ 15,709,744 School Operating Tax 17.98380 $ 1,847,347 $ 1,865,983 $ 1,884,805 $ 1,903,816 $ 1,923,016 $ 1,942,409 $ 1,961,996 $ 1,981,778 $ 47,086,816 School Total 23.9838 $ 2,463,684 $ 2,488,537 $ 2,513,640 $ 2,538,993 $ 2,564,599 $ 2,590,462 $ 2,616,584 $ 2,642,966 $ 62,796,559 Local Capture Millage Rate County Museum 0.32200 $ 33,077 $ 33,410 $ 33,747 $ 34,088 $ 34,432 $ 34,779 $ 35,130 $ 35,484 $ 843,090 County Veterans 0.07150 $ 7,345 $ 7,419 $ 7,494 $ 7,569 $ 7,646 $ 7,723 $ 7,801 $ 7,879 $ 187,208 Senior Citzens Services 0.49990 $ 51,351 $ 51,869 $ 52,392 $ 52,921 $ 53,455 $ 53,994 $ 54,538 $ 55,088 $ 1,308,883 Central Dispatch 0.29999 $ 30,816 $ 31,127 $ 31,441 $ 31,758 $ 32,078 $ 32,402 $ 32,728 $ 33,058 $ 785,461 Community College 2.20340 $ 226,339 $ 228,623 $ 230,929 $ 233,258 $ 235,611 $ 237,987 $ 240,386 $ 242,810 $ 5,769,142 M.A.I.S.D 4.75410 $ 488,355 $ 493,281 $ 498,257 $ 503,282 $ 508,358 $ 513,485 $ 518,663 $ 523,892 $ 12,447,616 City Operating 10.07540 $ 1,034,974 $ 1,045,414 $ 1,055,960 $ 1,066,610 $ 1,077,367 $ 1,088,232 $ 1,099,206 $ 1,110,289 $ 26,380,326 City Sanitation 2.99790 $ 307,953 $ 311,059 $ 314,197 $ 317,366 $ 320,567 $ 323,800 $ 327,065 $ 330,362 $ 7,849,374 Hackley Library 2.39970 $ 246,504 $ 248,991 $ 251,502 $ 254,039 $ 256,601 $ 259,189 $ 261,802 $ 264,442 $ 6,283,112 MPS Sinking 0.99810 $ 102,528 $ 103,562 $ 104,607 $ 105,662 $ 106,727 $ 107,804 $ 108,891 $ 109,989 $ 2,613,316 County Operating 5.69780 $ 585,294 $ 591,199 $ 597,162 $ 603,185 $ 609,269 $ 615,413 $ 621,618 $ 627,886 $ 14,918,497 Local Total 30.3198 $ 3,114,535 $ 3,145,954 $ 3,177,688 $ 3,209,738 $ 3,242,110 $ 3,274,805 $ 3,307,827 $ 3,341,179 $ 79,386,023 Non-Capturable Millages Millage Rate Community College Debt 0.34000 $ 34,926 $ 35,278 $ 35,634 $ 35,993 $ 36,356 $ 36,723 $ 37,093 $ 37,467 $ 890,219 Hackley Debt 0.45320 $ 46,554 $ 47,024 $ 47,498 $ 47,977 $ 48,461 $ 48,950 $ 49,443 $ 49,942 $ 1,186,609 MPS Debt - 1995 3.86000 $ 396,510 $ 400,510 $ 404,550 $ 408,630 $ 412,752 $ 416,914 $ 421,118 $ 425,364 $ 10,106,602 MPS Debt - 2009 3.50000 $ 359,530 $ 363,157 $ 366,820 $ 370,520 $ 374,257 $ 378,031 $ 381,843 $ 385,693 $ 9,164,017 Total Non-Capturable Taxes 8.1532 $ 837,520 $ 845,969 $ 854,502 $ 863,121 $ 871,826 $ 880,618 $ 889,497 $ 898,466 $ 21,347,447 1 Assumes 1% annual increase for inflation Total Tax Increment Revenue (TIR) Available for Capture $ 5,578,218 $ 5,634,491 $ 5,691,327 $ 5,748,731 $ 5,806,709 $ 5,865,267 $ 5,924,411 $ 5,984,145 ########## Notes- Table 2 assumes incremental annual investment with project completion in 2030. For the purpose of Table 2 the new taxable value is estimated based on 35% of a total overal investment of $250,000,000 379TBL03_TIF_ Adelaide rev 100421, 10 mil Bond.xlsx Z:\2020\201515\WORK\Rept\Brownfield Plan Amendment\TIF Tables\TB 1 TBL02 and Table 2 Tax Increment Revenue Reimbursement Allocation 380 Table 2 - Estimate of Total Incremental Taxes Available for Reimbursement 1 of 2 1148 1204 West Western Avenue, Muskegon, Muskegon County, Michigan Developer Maximum School & Reimbursement Local Taxes State $ 178,977 Local 66,596,401 Estimated Years of Capture: 30 years (including 5 years for LBF capture) TOTAL $ 66,775,378 EGLE N/A MSF N/A 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 Total State Incremental Revenue $ - $ 20,295 $ 335,082 $ 1,006,629 $ 1,258,459 $ 1,447,331 $ 2,076,906 $ 2,097,892 $ 2,119,087 $ 2,140,495 $ 2,162,117 $ 2,183,955 $ 2,206,011 $ 2,228,288 $ 2,250,787 $ 2,273,512 $ 2,296,464 $ 2,319,645 $ 2,343,058 $ 2,366,706 $ 2,390,590 $ 2,414,712 State Brownfield Redevelopment Fund (50% of SET) $ - $ 2,539 $ 41,914 State TIR Available for Reimbursement $ - $ 17,756 $ 293,169 $ 1,006,629 $ 1,258,459 $ 1,447,331 $ 2,076,906 $ 2,097,892 $ 2,119,087 $ 2,140,495 $ 2,162,117 $ 2,183,955 $ 2,206,011 $ 2,228,288 $ 2,250,787 $ 2,273,512 $ 2,296,464 $ 2,319,645 $ 2,343,058 $ 2,366,706 $ 2,390,590 $ 2,414,712 Total Local Incremental Revenue $ - $ 25,656 $ 423,604 $ 1,272,558 $ 1,590,915 $ 1,829,684 $ 2,625,578 $ 2,652,108 $ 2,678,903 $ 2,705,966 $ 2,733,300 $ 2,760,907 $ 2,788,790 $ 2,816,952 $ 2,845,396 $ 2,874,124 $ 2,903,139 $ 2,932,444 $ 2,962,043 $ 2,991,937 $ 3,022,131 $ 3,052,626 BRA Administrative Fee $ - $ 500 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 Local TIR Available for Reimbursement $ - $ 25,156 $ 413,604 $ 1,262,558 $ 1,580,915 $ 1,819,684 $ 2,615,578 $ 2,642,108 $ 2,668,903 $ 2,695,966 $ 2,723,300 $ 2,750,907 $ 2,778,790 $ 2,806,952 $ 2,835,396 $ 2,864,124 $ 2,893,139 $ 2,922,444 $ 2,952,043 $ 2,981,937 $ 3,012,131 $ 3,042,626 Total State & Local TIR Available $ - $ 42,913 $ 706,772 $ 2,269,186 $ 2,839,374 $ 3,267,015 $ 4,692,484 $ 4,740,000 $ 4,787,990 $ 4,836,461 $ 4,885,417 $ 4,934,862 $ 4,984,801 $ 5,035,240 $ 5,086,183 $ 5,137,636 $ 5,189,603 $ 5,242,090 $ 5,295,101 $ 5,348,643 $ 5,402,720 $ 5,457,338 Beginning DEVELOPER Balance Developer Reimbursement Balance $ - $ - $ 915,624 $ 5,071,705 $ 14,816,198 $ 19,116,098 $ 22,741,220 $ 32,776,007 $ 34,414,807 $ 35,890,364 $ 34,854,118 $ 33,737,359 $ 32,535,775 $ 31,244,833 $ 29,859,775 $ 28,375,599 $ 26,787,049 $ 25,088,606 $ 23,274,470 $ 21,338,548 $ 19,274,442 $ 17,075,427 $ 14,734,441 Pre-Approved Environmental Costs $ 350,000 $ - $ 350,000 $ 322,442 $ - State Tax Reimbursement $ 178,977 $ - $ 17,756 $ 161,221 $ - Local Tax Reimbursement $ 186,377 $ - $ 25,156 $ 161,221 $ - Interest (5%) $ 15,354 $ - $ 15,354 $ - Total EGLE Reimbursement Balance $ - $ 322,442 $ - $ - Local Only Costs $ 28,246,750 $ - $ 564,935 $ 4,830,195 $ 14,110,665 $ 18,205,808 $ 21,658,305 $ 31,215,245 $ 32,776,007 $ 34,414,807 $ 35,890,364 $ 34,854,118 $ 33,737,359 $ 32,535,775 $ 31,244,833 $ 29,859,775 $ 28,375,599 $ 26,787,049 $ 25,088,606 $ 23,274,470 $ 21,338,548 $ 19,274,442 $ 17,075,427 Local Tax Reimbursement $ 53,801,403 $ - $ - $ - $ - $ - $ - $ - $ - $ 233,508 $ 2,695,966 $ 2,723,300 $ 2,750,907 $ 2,778,790 $ 2,806,952 $ 2,835,396 $ 2,864,124 $ 2,893,139 $ 2,922,444 $ 2,952,043 $ 2,981,937 $ 3,012,131 $ 3,042,626 Interest (5%) $ 25,554,653 $ - $ 28,247 $ 241,510 $ 705,533 $ 910,290 $ 1,082,915 $ 1,560,762 $ 1,638,800 $ 1,709,065 $ 1,659,720 $ 1,606,541 $ 1,549,323 $ 1,487,849 $ 1,421,894 $ 1,351,219 $ 1,275,574 $ 1,194,696 $ 1,108,308 $ 1,016,121 $ 917,831 $ 813,116 $ 701,640 Total Local Only Reimbursement Balance $ - $ 593,182 $ 5,071,705 $ 14,816,198 $ 19,116,098 $ 22,741,220 $ 32,776,007 $ 34,414,807 $ 35,890,364 $ 34,854,118 $ 33,737,359 $ 32,535,775 $ 31,244,833 $ 29,859,775 $ 28,375,599 $ 26,787,049 $ 25,088,606 $ 23,274,470 $ 21,338,548 $ 19,274,442 $ 17,075,427 $ 14,734,441 Total Annual Developer Reimbursement $ - $ 42,912 $ 322,442 $ - $ - $ - $ - $ - $ 233,508 $ 2,695,966 $ 2,723,300 $ 2,750,907 $ 2,778,790 $ 2,806,952 $ 2,835,396 $ 2,864,124 $ 2,893,139 $ 2,922,444 $ 2,952,043 $ 2,981,937 $ 3,012,131 $ 3,042,626 Beginning CITY OF MUSKEGON BONDED ACTIVITIES Balance City of Muskegon Bond Reimbursement Balance $ - $ - $ 10,500,000 $ 10,759,998 $ 9,972,313 $ 8,810,967 $ 7,340,848 $ 4,961,532 $ 2,435,395 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Local Only Costs $ 10,000,000 $ - $ 10,000,000 $ 10,500,000 $ 10,759,998 $ 9,972,313 $ 8,810,967 $ 7,340,848 $ 4,961,532 $ 2,435,395 $ - Local Tax Reimbursement $ 12,608,621 $ - $ - $ 252,383 $ 1,262,558 $ 1,580,915 $ 1,819,684 $ 2,615,578 $ 2,642,108 $ 2,435,395 Interest (5%) $ 2,608,621 $ 500,000 $ 512,381 $ 474,872 $ 419,570 $ 349,564 $ 236,263 $ 115,971 $ - Total Local Only Reimbursement Balance $ 10,000,000 $ - $ 10,500,000 $ 10,759,998 $ 9,972,313 $ 8,810,967 $ 7,340,848 $ 4,961,532 $ 2,435,395 $ - $ - Total Annual City of Muskegon Reimbursement $ - $ - $ 252,383 $ 1,262,558 $ 1,580,915 $ 1,819,684 $ 2,615,578 $ 2,642,108 $ 2,435,395 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - LOCAL BROWNFIELD REVOLVING FUND LBRF Deposits * State Tax Capture $ 178,977 Local Tax Capture $ 12,499,122 Total LBRF Capture $ 12,678,099 * Up to five years of capture for LBRF Deposits after eligible activities are reimbursed. May be taken from Local TIR only. 381 10 mil Bond.xlsx Z:\2020\201515\WORK\Rept\Brownfield Plan Amendment\TIF Tables\TB 1 TBL02 and TBL03_TIF_ Adelaide rev 100421, Table 2 - Estimate of Total Incremental Taxes Available for Reimbursement 2 of 2 1148 1204 West Western Avenue, Muskegon, Muskegon County, Michigan Estimated Developer Capture $ 54,166,757 Estimated City of Muskegon Capture $ 12,608,621 BRA Administrative Fee $ 290,500 State Brownfield Redevelopment Fund $ 365,244 Local Brownfield Revolving Fund $ 12,678,099 2043 2044 2045 2046 2047 2048 2049 2050 2051 TOTAL Total State Incremental Revenue $ 2,439,076 $ 2,463,684 $ 2,488,537 $ 2,513,640 $ 2,538,993 $ 2,564,599 $ 2,590,462 $ 2,616,584 $ 2,642,966 $ 62,796,559 State Brownfield Redevelopment Fund (50% of SET) $ 320,791 $ 365,244 State TIR Available for Reimbursement $ 2,439,076 $ 2,463,684 $ 2,488,537 $ 2,513,640 $ 2,538,993 $ 2,243,808 $ 2,590,462 $ 2,616,584 $ 2,642,966 $ 39,893,567 Total Local Incremental Revenue $ 3,083,426 $ 3,114,535 $ 3,145,954 $ 3,177,688 $ 3,209,738 $ 3,242,110 $ 3,274,805 $ 3,307,827 $ 3,341,179 $ 79,386,023 BRA Administrative Fee $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 290,500 Local TIR Available for Reimbursement $ 3,073,426 $ 3,104,535 $ 3,135,954 $ 3,167,688 $ 3,199,738 $ 3,232,110 $ 3,264,805 $ 3,297,827 $ 3,331,179 $ 79,095,523 Total State & Local TIR Available $ 5,512,502 $ 5,568,218 $ 5,624,491 $ 5,681,327 $ 5,738,731 $ 5,475,918 $ 5,855,267 $ 5,914,411 $ 5,974,145 $ 141,526,839 DEVELOPER Developer Reimbursement Balance $ 12,244,066 $ 9,596,509 $ 6,783,583 $ 3,796,690 $ 626,800 $ - $ - $ - $ - Pre-Approved Environmental Costs State Tax Reimbursement $ 178,977 Local Tax Reimbursement $ 186,377 Interest (5%) $ 15,354 Total EGLE Reimbursement Balance $ - Local Only Costs $ 14,734,441 $ 12,244,066 $ 9,596,509 $ 6,783,583 $ 3,796,690 $ 626,800 Local Tax Reimbursement $ 3,073,426 $ 3,104,535 $ 3,135,954 $ 3,167,688 $ 3,199,738 $ 626,800 $ 53,801,403 Interest (5%) $ 583,051 $ 456,977 $ 323,028 $ 180,795 $ 29,848 $ - $ 25,554,653 Total Local Only Reimbursement Balance $ 12,244,066 $ 9,596,509 $ 6,783,583 $ 3,796,690 $ 626,800 $ - $ - $ - Total Annual Developer Reimbursement $ 3,073,426 $ 3,104,535 $ 3,135,954 $ 3,167,688 $ 3,199,738 $ 626,800 $ - $ - $ - $ 54,166,757 CITY OF MUSKEGON BONDED ACTIVITIES City of Muskegon Bond Reimbursement Balance $ - $ - $ - $ - $ - $ - $ - $ - $ - Local Only Costs Local Tax Reimbursement $ 12,608,621 Interest (5%) $ 2,608,621 Total Local Only Reimbursement Balance $ - Total Annual City of Muskegon Reimbursement $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 12,608,621 LOCAL BROWNFIELD REVOLVING FUND LBRF Deposits * State Tax Capture $ 178,977 $ 178,977 Local Tax Capture $ 2,605,310 $ 3,264,805 $ 3,297,827 $ 3,331,179 $ 12,499,122 Total LBRF Capture $ 12,678,099 * Up to five years of capture for LBRF Deposits after eligible activities are reimbursed. May be taken from Local TIR only. 382 10 mil Bond.xlsx Z:\2020\201515\WORK\Rept\Brownfield Plan Amendment\TIF Tables\TB 1 TBL02 and TBL03_TIF_ Adelaide rev 100421, Attachment A Conceptual Renderings 383 384 385 Attachment B Environmental Data Tables and Map 386 LEGEND Approximate Property Boundary @ A Groundwater Sample Location H ! Soil Gas Sample Location H ! Soil Sample Location Units- Soil samples µg/Kg Groundwater samples µg/L Blue shading indicates a groundwater sample. Hard copy is Yellow shading indicates a soil sample. intended to be 8.5"x11" when plotted. Scale(s) indicated and graphic quality may not be accurate for any other size. 1148 & 1204 West Western Ave., Muskegon, Muskegon County MI 49441 Leestma Management, LLC Baseline Environmental Assessment SB-07(2-3') 12/30/2 Arsenic 19,000 Cadmium 13,000 SB-04 (4-5') Chromium, Total 190,000 12/30/20 Copper 430,000 Chromium, Total 30,000 Selenium 560 Selenium 600 TW-03 H SB-07 ! 12/30/20 H SB-04 ! Benzene 9.7 Cadmium 7.2 Chromium, Total 33 Copper 150 SB-06 (1-2') Lead 180 SB-03 (3-4') 12/30/20 Mercury 0.65 12/30/20 Chromium, Total 14,000 Zinc 190 Chromium, Total 27,000 Selenium 960 Selenium 1,100 H SB-06 ! TW-03 @ A H SB-03 ! SB-02 (4-5') 12/30/20 Arsenic 5,900 SB-01 (4-5') Cadmium 8,100 PLOT INFO: Z:\2020\201515\CAD\GIS\mapdoc\BEA\FIG05_ExceedanceMap.mxd Date: 1/18/2021 12:29:56 PM User: bahannah H SB-05 ! 12/30/20 Chromium, Total 24,000 SB-05(2-3') Tetrachloroethene 170 Selenium 1,000 12/30/20 Chromium, Total 6,700 Selenium 1,400 Cadmium Chromium, Total 4,900 49,000 H SB-02 ! Copper 76,000 H!H SB-01 Selenium 770 ! SG-03 H ! H ! SG-04 SG-01 TW-01 @ A H ! SG-02 TW-02 @ A PROJECT NO. SAMPLE EXCEEDANCE MAP 201515 Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community, FIGURE NO. Esri, HERE, Garmin, (c) OpenStreetMap contributors, Esri, HERE, FEET NORTH 0 Garmin, 150(c) OpenStreetMap community 300 contributors, and the GIS user 4 ©Copyright 2021 All Rights Reserved 387 Fishbeck | 1 of 1 Table 1 - Soil Data Summary Baseline Environmental Assessment Leestma Management, LLC, 1148 & 1204 West Western Ave., Muskegon, Muskegon County, MI December 2020 Sample Location: SB-01 SB-01 SB-02 SB-03 SB-04 SB-05 SB-06 SB-07 FB-01 Statewide Finite VSIC Finite VSIC Depth Interval (ft): (4-5) (4-5) (4-5) (3-4) (4-5) (2-3) (1-2) (2-3) Drinking Water Soil Volatilization to Infinite Particulate Direct Soil Saturation Default GSIP for 5 Meter for 2 Meter Investigative/Field Duplicate/QC: Investigative Duplicate Investigative Investigative Investigative Investigative Investigative Investigative QC Protection Indoor Air Inhalation Source Soil Inhalation Contact Concentration Background Criteria (1) Source Source Laboratory ID: 20L0979-01 20L0979-02 20L0979-03 20L0979-04 20L0979-05 20L0979-06 20L0979-07 20L0979-08 20L0979-09 Criteria (1) Criteria (1) VSIC (1) Criteria (1) Criteria (1) SL (1) Levels (1) Thickness (1) Thickness (1) Collection Date: 12/30/20 12/30/20 12/30/20 12/30/20 12/30/20 12/30/20 12/30/20 12/30/20 12/30/20 Volatile Organic Compounds CAS Number Tetrachloroethene 127-18-4 170 150 58 U 57 U 50 U 50 U 61 U 50 U 50 U NA 100 1,200 (X) 11,000 1.70E+05 4.80E+05 1.10E+06 2.70E+09 2.00E+05 (C) 88,000 Polynuclear Aromatic Compounds CAS Number Benzo(a)pyrene 50-32-8 330 U 330 U 350 330 UJ 330 U 330 U 330 UJ 430 -- NA NLL NLL NLV NLV NLV NLV 1.50E+06 2,000 NA Benzo(b)fluoranthene 205-99-2 330 U 400 550 330 UJ 330 U 330 U 330 UJ 520 -- NA NLL NLL ID ID ID ID ID 20,000 NA Metals, Total CAS Number Arsenic (B) 7440-38-2 4,000 J 3,600 5,900 2,000 U 3,500 4,900 2,000 U 19,000 -- 5,800 4,600 4,600 NLV NLV NLV NLV 7.20E+05 7,600 NA Barium (B) 7440-39-3 15,000 18,000 10,000 15,000 23,000 16,000 11,000 100,000 -- 75,000 1.30E+06 4.40E+05 (G) NLV NLV NLV NLV 3.30E+08 3.70E+07 NA Cadmium (B) 7440-43-9 1,700 1,600 8,100 2,400 3,600 4,900 720 13,000 -- 1,200 6,000 3,600 (G,X) NLV NLV NLV NLV 1.70E+06 5.50E+05 NA Chromium, Total (B, H) 7440-47-3 6,700 5,900 24,000 27,000 30,000 49,000 14,000 190,000 -- 18,000 (total) 30,000 3,300 NLV NLV NLV NLV 2.60E+05 2.50E+06 NA Copper (B) 7440-50-8 38,000 J 20,000 34,000 34,000 53,000 76,000 12,000 430,000 -- 32,000 5.80E+06 75,000 (G) NLV NLV NLV NLV 1.30E+08 2.00E+07 NA Lead (B) 7439-92-1 22,000 20,000 34,000 27,000 19,000 20,000 12,000 66,000 -- 21,000 7.00E+05 5.10E+06 (G,X) NLV NLV NLV NLV 1.00E+08 4.00E+05 NA Mercury (Total) (B) 7439-97-6 50 U 50 U 50 U 57 50 U 64 50 U 50 U -- 130 1,700 50 (M); 1.2 48,000 52,000 52,000 52,000 2.00E+07 1.60E+05 NA Selenium (B) 7782-49-2 1,400 1,400 1,000 1,100 600 770 960 560 -- 410 4,000 400 NLV NLV NLV NLV 1.30E+08 2.60E+06 NA Silver (B) 7440-22-4 490 U 470 U 490 U 490 U 490 U 460 U 470 U 430 U -- 1,000 4,500 100 (M); 27 NLV NLV NLV NLV 6.70E+06 2.50E+06 NA Zinc (B) 7440-66-6 15,000 14,000 23,000 47,000 40,000 62,000 33,000 74,000 -- 47,000 2.40E+06 1.70E+05 (G) NLV NLV NLV NLV ID 1.70E+08 NA Solids, Total (%) -- 90 91 88 89 89 90 87 92 -- -- -- -- -- -- -- -- -- -- -- Results expressed in µg/Kg dry weight (except for FB-01, which is µg/Kg wet weight). Bolded values exceed Statewide Default Background Level and an applicable criterion or screening level. Italicized values are below Statewide Default Background Level but exceed an applicable criterion or screening level. Underlined parameters are classified as Polynuclear Aromatic Compounds. Data Qualifiers: J Estimated value U Not detected Footnotes/Abbreviations: (1) Part 201 Residential Soil Generic Cleanup Criteria and Screening Levels/Part 213 Risk-based Screening Levels, December 30, 2013 (GSI Criteria Updated June 25, 2018). (2) EGLE Volatilization to Indoor Air Pathway Screening Levels, September 4, 2020. (B) Background, as defined in R 299.5701(b), may be substituted if higher than the calculated criterion. (C) Value is screening level based on the chemical-specific generic soil saturation concentration (Csat). (G) Criterion dependent on receiving surface water (SW) hardness; calculated criteria based on water hardness of 150 mg/L. (H) Data provided for total chromium only; evaluated against hexavalent chromium criteria. (J) Hazardous substance may be present in several isomer forms. Isomer-specific concentrations must be added together for comparison to criteria. (JT) Hazardous substance may be present in several isomer forms. The VIAP SL may be used for the individual isomer provided that it is the sole isomer detected; however, when multiple isomers are detected in a medium, the isomer-specific concentrations must be added together and compared to the most restrictive VIAP SL of the detected isomers. (M) Calculated criterion is below the target detection limit (TDL); first number is the criterion (TDL), the second is the risk-based value. (M*) The VIAP SL may be below TDL. In accordance with Sec. 20120a(10) when the TDL for a hazardous substance is greater than the developed VIAP SL, the TDL is used to evaluate the risk posed from the pathway. (W) Concentrations of trihalomethanes must be added together to determine compliance with criterion. (X) Criterion is not protective for SW used as a drinking water (DW) source. (DD) Hazardous substance causes developmental effects. Residential VIAP SLs are protective of both prenatal exposure using a pregnant female receptor and postnatal exposure using a child receptor. Prenatal developmental effects may occur after an acute (i.e. short- term) or full-term exposure. (EE) The acceptable air concentration (AAC) for the volatile hazardous substances is not derived using standard equations. The hazardous substance may cause adverse human health effects for less than chronic exposures (i.e. short-term or acute). The AAC for these hazardous substances is the acute or intermediate minimum risk level (MRL) developed by the Agency for Toxic Substances and Disease Registry (ATSDR), a USEPA Integrated Risk Information System (IRIS) acute reference concentration, or an acute initial threshold screening level (ITSL) by the EGLE’s Air Quality Division. (MM) Hazardous substance is a carcinogen with a mutagenic mode of action. The cancer potency values used in calculating VIAP SLs are modified using age-dependent adjustment factors for those carcinogenic chemicals identified as mutagenic. DATA Insufficient physical chemical parameters to calculate a VIAP SL for specified media. If detections are present in specified media, health-based soil vapor value should be used to evaluate risk. GSIP groundwater surface water interface protection ID Insufficient data to develop criterion. NA not available NLL Not likely to leach under most soil conditions. NLV Not likely to volatilize under most conditions. SL screening level VIAP volatilization to indoor air pathway VSIC volatile soil inhalation criteria \\ftch\allprojects\2020\201515\WORK\Rept\BEA\TBL01_DataSummary-Soil-Res_2020_0114.xlsx 388 1/19/2021 Fishbeck | 1 of 1 Table 2 - Groundwater Data Summary Baseline Environmental Assessment Leestma Management, LLC, 1148 & 1204 West Western Ave., Muskegon, Muskegon County, MI December 2020 Monitoring Location: TW-01 TW-02 TW-03 TW-03 TB-01 Residential Flammability Field Duplicate: Duplicate Residential GSI Water (1) (1) Groundwater (1) and Explosivity Laboratory ID: 20L0979-10 20L0979-11 20L0979-12 20L0979-14 20L0979-15 DWC Criteria (1) Solubility (1) VIAIC SL Collection Date: 12/30/20 12/30/20 12/30/20 12/30/20 12/30/20 Volatile Organic Compounds CAS Number Benzene 71-43-2 1U 1U 9.7 9.9 1U 5.0 200 (X) 5,600 1.75E+06 68,000 Polychlorinated Biphenyls CAS Number Total PCBs (J) 1336-36-3 0.2 U 0.2 U 0.2 UJ 0.2 UJ -- 0.50 0.20 (M); 2.60E-05 45 (S) 44.7 ID Metals, Total CAS Number Arsenic (B) 7440-38-2 5U 5U 7.7 7.9 -- 10 10 NLV NA ID Barium (B) 7440-39-3 100 U 100 U 220 240 -- 2,000 670 (G) NLV NA ID Cadmium (B) 7440-43-9 1U 1U 7.2 7.3 -- 5.0 3.0 (G,X) NLV NA ID Chromium, Total (B, H) 7440-47-3 10 U 10 U 33 34 -- 100 11 NLV NA ID Copper (B) 7440-50-8 5U 5U 150 150 -- 1,000 (E) 13 (G) NLV NA ID Lead (B) 7439-92-1 3U 3U 180 180 -- 4.0 (L) 34 (G,X) NLV NA ID Mercury (B) 7439-97-6 0.2 U 0.2 U 0.65 0.61 -- 2.0 0.0013 56 (S) 56 ID Selenium (B) 7782-49-2 5U 5U 5U 5U -- 50 5.0 NLV NA ID Silver (B) 7440-22-4 1U 1U 1U 1U -- 34 0.20 (M); 0.060 NLV NA ID Zinc (B) 7440-66-6 50 U 50 U 190 190 -- 2,400 170 (G) NLV NA ID Results expressed in µg/L. Bolded values exceed an applicable criterion and/or screening level. Underlined compounds classified as polynuclear aromatic compounds. Data Qualifiers: J Estimated value U Not detected above the given limit Footnotes/Abbreviations: (1) Part 201 Groundwater Generic Cleanup Criteria/Part 213 Tier 1 Risk-based Screening Levels, January 10, 2018 (GSI Criteria Updated June 25, 2018). (2) EGLE Volatilization to Indoor Air Pathway Screening Levels, September 4, 2020. (B) Background, as defined in R 299.5701(b), may be substituted if higher than the calculated criterion. (E) Aesthetic drinking water (DW) value. Notice of aesthetic impact may be employed as an institutional control if concentration exceeds the aesthetic DWC but not the health-based DW value. (G) Criterion dependent on receiving surface water (SW) hardness; calculated criteria based on water hardness of 150 mg/L. (H) Data provided for total Chromium only; compare to hexavalent Chromium criteria. (J) Substance present in several isomer forms; isomer concentrations must be added together for comparison to criteria. (JT) Substance present in several isomer forms. The VIAP SL may be used for the individual isomer provided that it is sole isomer detected; however, when multiple isomers are detected in a medium, (L) Concentrations up to the State action level of 15 µg/L may still allow for DW use if soil concentrations are below 400 mg/Kg. (M) Calculated criterion is below the target detection limit (TDL); first number is the criterion (TDL), the second is the risk-based value. (M*) The VIAP SL may be below target detection limits (TDL). In accordance with Sec. 20120a(10) when the TDL for a hazardous substance is greater than the developed VIAP SL, the TDL is used to (S) Criterion defaults to the hazardous substance-specific water solubility limit. (W) Concentrations of trihalomethanes must be added together to determine compliance with the DWC. (X) Criterion is not protective for SW used as a DW source. (AA) Use 10,000 µg/L where GW enters a structure through the use of a water well, sump or other device. Use 28,000 µg/L for all other uses. (CC) Insufficient chemical-physical input parameters have been identified to allow the development of a VIAP SL using standard equations. The VIAP SL for GW is developed based solely on the approach that the department uses for shallow GW. If GW detections are present, soil vapor may be the most appropriate media to evaluate risk. (DD) Hazardous substance causes developmental effects. Residential VIAP SLs are protective of both prenatal exposure using a pregnant female receptor and postnatal exposure using a child receptor. Prenatal developmental effects may occur after an acute (i.e. short- term) or full-term exposure. (EE*) The acceptable air concentration (AAC) for the volatile hazardous substance is not derived using standard equations. The hazardous substance may cause adverse human health effects for less than chronic exposures (i.e. short-term or acute). The AAC for this hazardous substance is the acute or intermediate minimum risk level (MRL) developed by the Agency for Toxic Substances and Disease Registry (ATSDR), a USEPA Integrated Risk Information System (IRIS) acute reference concentration, or an acute initial (FF*) The AAC for the volatile hazardous substances are based on toxicity values that have been identified to have the potential to cause adverse human health effects for less than chronic exposures (i.e. short-term or acute). The short-term exposure for shallow groundwater VIAP SLs are based on modification of the standard equations by the department to develop applicable shallow groundwater VIAP SLs. (MM) Hazardous substance is a carcinogen with a mutagenic mode of action. The cancer potency values used in calculating VIAP SLs are modified using age-dependent adjustment factors for those carcinogenic chemicals identified as mutagenic. DWC drinking water criterion GSI groundwater surface water interface ID Insufficient data to develop criterion. NA not available NLV Not likely to volatilize under most conditions. SL screening level TX The Remediation and Redevelopment Division Toxicology Unit has not identified an inhalation toxicity value for the hazardous substance at the date of publication of these values. 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Bolded values exceed Statewide Default Background Level and an applicable criterion or screening level. Italicized values are below Statewide Default Background Level but exceed an applicable criterion or screening level. Underlined parameters are classified as Polynuclear Aromatic Compounds. Data Qualifiers: J Estimated value U Not detected Footnotes/Abbreviations: (1) Part 201 Residential Soil Generic Cleanup Criteria and Screening Levels/Part 213 Risk-based Screening Levels, December 30, 2013 (GSI Criteria Updated June 25, 2018). (2) EGLE Volatilization to Indoor Air Pathway Screening Levels, September 4, 2020. (B) Background, as defined in R 299.5701(b), may be substituted if higher than the calculated criterion. (C) Value is screening level based on the chemical-specific generic soil saturation concentration (Csat). (G) Criterion dependent on receiving surface water (SW) hardness; calculated criteria based on water hardness of 150 mg/L. (H) Data provided for total chromium only; evaluated against hexavalent chromium criteria. (J) Hazardous substance may be present in several isomer forms. Isomer-specific concentrations must be added together for comparison to criteria. (JT) Hazardous substance may be present in several isomer forms. The VIAP SL may be used for the individual isomer provided that it is the sole isomer detected; however, when multiple isomers are detected in a medium, the isomer-specific concentrations must be added together and compared to the most restrictive VIAP SL of the detected isomers. (M) Calculated criterion is below the target detection limit (TDL); first number is the criterion (TDL), the second is the risk-based value. (M*) The VIAP SL may be below TDL. In accordance with Sec. 20120a(10) when the TDL for a hazardous substance is greater than the developed VIAP SL, the TDL is used to evaluate the risk posed from the pathway. (W) Concentrations of trihalomethanes must be added together to determine compliance with criterion. (X) Criterion is not protective for SW used as a drinking water (DW) source. (DD) Hazardous substance causes developmental effects. Residential VIAP SLs are protective of both prenatal exposure using a pregnant female receptor and postnatal exposure using a child receptor. Prenatal developmental effects may occur after an acute (i.e. short- term) or full-term exposure. (EE) The acceptable air concentration (AAC) for the volatile hazardous substances is not derived using standard equations. The hazardous substance may cause adverse human health effects for less than chronic exposures (i.e. short-term or acute). The AAC for these hazardous substances is the acute or intermediate minimum risk level (MRL) developed by the Agency for Toxic Substances and Disease Registry (ATSDR), a USEPA Integrated Risk Information System (IRIS) acute reference concentration, or an acute initial threshold screening level (ITSL) by the EGLE’s Air Quality Division. (MM) Hazardous substance is a carcinogen with a mutagenic mode of action. The cancer potency values used in calculating VIAP SLs are modified using age-dependent adjustment factors for those carcinogenic chemicals identified as mutagenic. DATA Insufficient physical chemical parameters to calculate a VIAP SL for specified media. If detections are present in specified media, health-based soil vapor value should be used to evaluate risk. GSIP groundwater surface water interface protection ID Insufficient data to develop criterion. NA not available NLL Not likely to leach under most soil conditions. NLV Not likely to volatilize under most conditions. SL screening level VIAP volatilization to indoor air pathway VSIC volatile soil inhalation criteria \\ftch\allprojects\2020\201515\WORK\Rept\BEA\TBL01_DataSummary-Soil-Res_2020_0114.xlsx 395 1/19/2021 Fishbeck | 1 of 1 Table 2 - Groundwater Data Summary Baseline Environmental Assessment Leestma Management, LLC, 1148 & 1204 West Western Ave., Muskegon, Muskegon County, MI December 2020 Monitoring Location: TW-01 TW-02 TW-03 TW-03 TB-01 Residential Flammability Field Duplicate: Duplicate Residential GSI Water (1) (1) Groundwater (1) and Explosivity Laboratory ID: 20L0979-10 20L0979-11 20L0979-12 20L0979-14 20L0979-15 DWC Criteria (1) Solubility (1) VIAIC SL Collection Date: 12/30/20 12/30/20 12/30/20 12/30/20 12/30/20 Volatile Organic Compounds CAS Number Benzene 71-43-2 1U 1U 9.7 9.9 1U 5.0 200 (X) 5,600 1.75E+06 68,000 Polychlorinated Biphenyls CAS Number Total PCBs (J) 1336-36-3 0.2 U 0.2 U 0.2 UJ 0.2 UJ -- 0.50 0.20 (M); 2.60E-05 45 (S) 44.7 ID Metals, Total CAS Number Arsenic (B) 7440-38-2 5U 5U 7.7 7.9 -- 10 10 NLV NA ID Barium (B) 7440-39-3 100 U 100 U 220 240 -- 2,000 670 (G) NLV NA ID Cadmium (B) 7440-43-9 1U 1U 7.2 7.3 -- 5.0 3.0 (G,X) NLV NA ID Chromium, Total (B, H) 7440-47-3 10 U 10 U 33 34 -- 100 11 NLV NA ID Copper (B) 7440-50-8 5U 5U 150 150 -- 1,000 (E) 13 (G) NLV NA ID Lead (B) 7439-92-1 3U 3U 180 180 -- 4.0 (L) 34 (G,X) NLV NA ID Mercury (B) 7439-97-6 0.2 U 0.2 U 0.65 0.61 -- 2.0 0.0013 56 (S) 56 ID Selenium (B) 7782-49-2 5U 5U 5U 5U -- 50 5.0 NLV NA ID Silver (B) 7440-22-4 1U 1U 1U 1U -- 34 0.20 (M); 0.060 NLV NA ID Zinc (B) 7440-66-6 50 U 50 U 190 190 -- 2,400 170 (G) NLV NA ID Results expressed in µg/L. Bolded values exceed an applicable criterion and/or screening level. Underlined compounds classified as polynuclear aromatic compounds. Data Qualifiers: J Estimated value U Not detected above the given limit Footnotes/Abbreviations: (1) Part 201 Groundwater Generic Cleanup Criteria/Part 213 Tier 1 Risk-based Screening Levels, January 10, 2018 (GSI Criteria Updated June 25, 2018). (2) EGLE Volatilization to Indoor Air Pathway Screening Levels, September 4, 2020. (B) Background, as defined in R 299.5701(b), may be substituted if higher than the calculated criterion. (E) Aesthetic drinking water (DW) value. Notice of aesthetic impact may be employed as an institutional control if concentration exceeds the aesthetic DWC but not the health-based DW value. (G) Criterion dependent on receiving surface water (SW) hardness; calculated criteria based on water hardness of 150 mg/L. (H) Data provided for total Chromium only; compare to hexavalent Chromium criteria. (J) Substance present in several isomer forms; isomer concentrations must be added together for comparison to criteria. (JT) Substance present in several isomer forms. The VIAP SL may be used for the individual isomer provided that it is sole isomer detected; however, when multiple isomers are detected in a medium, (L) Concentrations up to the State action level of 15 µg/L may still allow for DW use if soil concentrations are below 400 mg/Kg. (M) Calculated criterion is below the target detection limit (TDL); first number is the criterion (TDL), the second is the risk-based value. (M*) The VIAP SL may be below target detection limits (TDL). In accordance with Sec. 20120a(10) when the TDL for a hazardous substance is greater than the developed VIAP SL, the TDL is used to (S) Criterion defaults to the hazardous substance-specific water solubility limit. (W) Concentrations of trihalomethanes must be added together to determine compliance with the DWC. (X) Criterion is not protective for SW used as a DW source. (AA) Use 10,000 µg/L where GW enters a structure through the use of a water well, sump or other device. Use 28,000 µg/L for all other uses. (CC) Insufficient chemical-physical input parameters have been identified to allow the development of a VIAP SL using standard equations. The VIAP SL for GW is developed based solely on the approach that the department uses for shallow GW. If GW detections are present, soil vapor may be the most appropriate media to evaluate risk. (DD) Hazardous substance causes developmental effects. Residential VIAP SLs are protective of both prenatal exposure using a pregnant female receptor and postnatal exposure using a child receptor. Prenatal developmental effects may occur after an acute (i.e. short- term) or full-term exposure. (EE*) The acceptable air concentration (AAC) for the volatile hazardous substance is not derived using standard equations. The hazardous substance may cause adverse human health effects for less than chronic exposures (i.e. short-term or acute). The AAC for this hazardous substance is the acute or intermediate minimum risk level (MRL) developed by the Agency for Toxic Substances and Disease Registry (ATSDR), a USEPA Integrated Risk Information System (IRIS) acute reference concentration, or an acute initial (FF*) The AAC for the volatile hazardous substances are based on toxicity values that have been identified to have the potential to cause adverse human health effects for less than chronic exposures (i.e. short-term or acute). The short-term exposure for shallow groundwater VIAP SLs are based on modification of the standard equations by the department to develop applicable shallow groundwater VIAP SLs. (MM) Hazardous substance is a carcinogen with a mutagenic mode of action. The cancer potency values used in calculating VIAP SLs are modified using age-dependent adjustment factors for those carcinogenic chemicals identified as mutagenic. DWC drinking water criterion GSI groundwater surface water interface ID Insufficient data to develop criterion. NA not available NLV Not likely to volatilize under most conditions. SL screening level TX The Remediation and Redevelopment Division Toxicology Unit has not identified an inhalation toxicity value for the hazardous substance at the date of publication of these values. VIAIC volatilization to indoor air inhalation criteria VIAP volatilization to indoor air pathway \\ftch\allprojects\2020\201515\WORK\Rept\BEA\TBL02_DataSummary-GW-Res_2021_0114.xlsx 396 1/19/2021 Table 1 - Soil Data Summary Direct Contact Evaluation 1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan August 2021 Sample Location: Soil Residential Nonresidential AP-SS-1 AP-SS-2 AP-SS-3 AP-SS-4 AP-SS-5 AP-SS-6 AP-SS-7 GSIP Laboratory ID: SDBL (1) Csat DWP SVIAI Inf. Source Finite VSIC - Finite VSIC - PSI DC Soil DWP Inf. Source Finite VSIC - Finite VSIC - PSI DC Soil 21H0909-01 21H0909-02 21H0909-03 21H0909-04 21H0909-05 21H0909-06 21H0909-07 Criteria (1) SVIAI Criteria (1) Collection Date: SL (1) Criteria (1) Criteria (1) VSIC (1) 5 MST (1) 2 MST (1) Criteria (1) Criteria (1) VIAP SL (2) Criteria (1) VSIC (1) 5 MST (1) 2 MST (1) Criteria (1) Criteria (1) VIAP SL (2) 08/20/21 08/20/21 08/20/21 08/20/21 08/20/21 08/20/21 08/20/21 Polynuclear Aromatic Compounds CAS Number 2-Methylnaphthalene 91-57-6 NA 4,200 NA 57,000 2.70E+06 1.50E+06 1.50E+06 1.50E+06 6.70E+08 8.10E+06 1,700 1.70E+05 4.90E+06 1.80E+06 1.80E+06 1.80E+06 2.90E+08 2.60E+07 30,000 330 UJ 330 UJ 330 U 330 U 330 U 330 U 440 UJ Acenaphthene 83-32-9 NA 8,700 NA 3.00E+05 1.90E+08 8.10E+07 8.10E+07 8.10E+07 1.40E+10 4.10E+07 2.00E+05 8.80E+05 3.50E+08 9.70E+07 9.70E+07 9.70E+07 6.20E+09 1.30E+08 3.60E+06 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Acenaphthylene 208-96-8 NA ID NA 5,900 1.60E+06 2.20E+06 2.20E+06 2.20E+06 2.30E+09 1.60E+06 DATA 17,000 3.00E+06 2.70E+06 2.70E+06 2.70E+06 1.00E+09 5.20E+06 DATA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Anthracene 120-12-7 NA ID NA 41,000 1.00E+09 1.40E+09 1.40E+09 1.40E+09 6.70E+10 2.30E+08 1.30E+07 41,000 1.00E+09 1.60E+09 1.60E+09 1.60E+09 2.90E+10 7.30E+08 2.20E+08 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Benzo(a)anthracene 56-55-3 NA NLL NA NLL NLV NLV NLV NLV ID 20,000 1.60E+05 (MM) NLL NLV NLV NLV NLV ID 80,000 1.10E+07 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Benzo(a)pyrene 50-32-8 NA NLL NA NLL NLV NLV NLV NLV 1.50E+06 2,000 NA NLL NLV NLV NLV NLV 1.90E+06 8,000 NA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Benzo(b)fluoranthene 205-99-2 NA NLL NA NLL ID ID ID ID ID 20,000 NA NLL ID ID ID ID ID 80,000 NA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Benzo(g,h,i)perylene 191-24-2 NA NLL NA NLL NLV NLV NLV NLV 8.00E+08 2.50E+06 NA NLL NLV NLV NLV NLV 3.50E+08 7.00E+06 NA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Benzo(k)fluoranthene 207-08-9 NA NLL NA NLL NLV NLV NLV NLV ID 2.00E+05 NA NLL NLV NLV NLV NLV ID 8.00E+05 NA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Chrysene 218-01-9 NA NLL NA NLL ID ID ID ID ID 2.00E+06 NA NLL ID ID ID ID ID 8.00E+06 NA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Dibenzo(a,h)anthracene 53-70-3 NA NLL NA NLL NLV NLV NLV NLV ID 2,000 NA NLL NLV NLV NLV NLV ID 8,000 NA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Fluoranthene 206-44-0 NA 5,500 NA 7.30E+05 1.00E+09 7.40E+08 7.40E+08 7.40E+08 9.30E+09 4.60E+07 NA 7.30E+05 1.00E+09 8.90E+08 8.80E+08 8.80E+08 4.10E+09 1.30E+08 NA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Fluorene 86-73-7 NA 5,300 NA 3.90E+05 5.80E+08 1.30E+08 1.30E+08 1.30E+08 9.30E+09 2.70E+07 4.70E+05 8.90E+05 1.00E+09 1.50E+08 1.50E+08 1.50E+08 4.10E+09 8.70E+07 8.30E+06 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Indeno(1,2,3-cd)pyrene 193-39-5 NA NLL NA NLL NLV NLV NLV NLV ID 20,000 NA NLL NLV NLV NLV NLV ID 80,000 NA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Naphthalene 91-20-3 NA 730 NA 35,000 2.50E+05 3.00E+05 3.00E+05 3.00E+05 2.00E+08 1.60E+07 67 (M*) 1.00E+05 4.70E+05 3.50E+05 3.50E+05 3.50E+05 8.80E+07 5.20E+07 1,900 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Phenanthrene 85-01-8 NA 2,100 NA 56,000 2.80E+06 1.60E+05 1.60E+05 1.60E+05 6.70E+06 1.60E+06 1,700 1.60E+05 5.10E+06 1.90E+05 1.90E+05 1.90E+05 2.90E+06 5.20E+06 29,000 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Pyrene 129-00-0 NA ID NA 4.80E+05 1.00E+09 6.50E+08 6.50E+08 6.50E+08 6.70E+09 2.90E+07 2.50E+07 4.80E+05 1.00E+09 7.80E+08 7.80E+08 7.80E+08 2.90E+09 8.40E+07 4.40E+08 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Metals, Total CAS Number Arsenic (B) 7440-38-2 5,800 4,600 NA 4,600 NLV NLV NLV NLV 7.20E+05 7,600 NA 4,600 NLV NLV NLV NLV 9.10E+05 37,000 NA 5,500 J 2,000 U 2,000 U 2,000 U 12,000 5,100 2,000 U Barium (B) 7440-39-3 75,000 4.40E+05 (G) NA 1.30E+06 NLV NLV NLV NLV 3.30E+08 3.70E+07 NA 1.30E+06 NLV NLV NLV NLV 1.50E+08 1.30E+08 NA 14,000 15,000 11,000 15,000 16,000 22,000 8,200 Cadmium (B) 7440-43-9 1,200 3,600 (G,X) NA 6,000 NLV NLV NLV NLV 1.70E+06 5.50E+05 NA 6,000 NLV NLV NLV NLV 2.20E+06 2.10E+06 NA 200 U 200 U 470 250 360 1,700 200 U Chromium, Total (B, H) 7440-47-3 18,000 (total) 3,300 NA 30,000 NLV NLV NLV NLV 2.60E+05 2.50E+06 NA 30,000 NLV NLV NLV NLV 2.40E+05 9.20E+06 NA 27,000 6,800 39,000 19,000 570,000 62,000 13,000 Copper (B) 7440-50-8 32,000 75,000 (G) NA 5.80E+06 NLV NLV NLV NLV 1.30E+08 2.00E+07 NA 5.80E+06 NLV NLV NLV NLV 5.90E+07 7.30E+07 NA 56,000 J 10,000 31,000 15,000 400,000 98,000 15,000 Lead (B) 7439-92-1 21,000 5.10E+06 (G,X) NA 7.00E+05 NLV NLV NLV NLV 1.00E+08 4.00E+05 NA 7.00E+05 NLV NLV NLV NLV 4.40E+07 9.00E+05 NA 10,000 5,700 20,000 14,000 39,000 32,000 12,000 Mercury (Total) (B) 7439-97-6 130 50 (M); 1.2 NA 1,700 48,000 52,000 52,000 52,000 2.00E+07 1.60E+05 22 (M*) 1,700 89,000 62,000 62,000 62,000 8.80E+06 5.80E+05 390 (M*) 50 U 50 U 50 U 50 U 50 U 50 U 50 U Selenium (B) 7782-49-2 410 400 NA 4,000 NLV NLV NLV NLV 1.30E+08 2.60E+06 NA 4,000 NLV NLV NLV NLV 5.90E+07 9.60E+06 NA 640 630 2,600 670 10,000 3,600 730 Silver (B) 7440-22-4 1,000 100 (M); 27 NA 4,500 NLV NLV NLV NLV 6.70E+06 2.50E+06 NA 13,000 NLV NLV NLV NLV 2.90E+06 9.00E+06 NA 460 U 460 U 480 U 520 U 390 U 470 U 430 U Zinc (B) 7440-66-6 47,000 1.70E+05 (G) NA 2.40E+06 NLV NLV NLV NLV ID 1.70E+08 NA 5.00E+06 NLV NLV NLV NLV ID 6.30E+08 NA 20,000 14,000 99,000 50,000 94,000 140,000 26,000 Solids, Total (%) -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 93 91 95 95 97 91 95 Results expressed in µg/Kg dry weight. Bolded values exceed an applicable criterion. Italicized values are below Statewide Default Background Level but exceed an applicable criterion or screening level. Data Qualifiers: J Estimated value U Not detected Footnotes/Abbreviations: (1) Part 201 Soil Generic Cleanup Criteria and Screening Levels/Part 213 Risk-based Screening Levels, December 30, 2013 (GSI Criteria Updated June 25, 2018). (2) EGLE Volatilization to Indoor Air Pathway Screening Levels, September 4, 2020. (B) Background, as defined in R 299.5701(b), may be substituted if higher than the calculated criterion. (G) Criterion dependent on receiving surface water hardness; calculated criteria based on water hardness of 150 mg/L. (H) Data provided for total chromium only; evaluated against hexavalent Chromium criteria. (M) Calculated criterion is below the target detection limit (TDL); first number is the criterion (TDL), the second is the risk-based value. (M*) The VIAP SL may be below TDL. In accordance with Sec. 20120a(10) when the TDL for a hazardous substance is greater than the developed VIAP SL, the TDL is used to evaluate the risk posed from the pathway. (X) Criterion is not protective for surface water used as a drinking water source. (MM) Hazardous substance is a carcinogen with a mutagenic mode of action. The cancer potency values used in calculating VIAP SLs are modified using age-dependent adjustment factors for those carcinogenic chemicals identified as mutagenic. Csat saturation concentration DC direct contact DWP drinking water protection GSIP groundwater surface water interface protection ID Insufficient data to develop criterion. MST meter source thickness NA not available NLL Not likely to leach under most soil conditions. NLV Not likely to volatilize under most conditions. PSI particulate soil inhalation SDBL statewide default background levels SL screening level SVIAI soil volatilization to indoor air inhalation VIAP volatilization to indoor air pathway VSIC volatile soil inhalation criteria 397 Table 1 - Soil Data Summary Direct Contact Evaluation 1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan August 2021 Sample Location: Soil Residential Nonresidential AP-SS-8 AP-SS-9 AP-SS-10 AP-SS-11 AP-SS-12 AP-SS-13 GSIP Laboratory ID: SDBL (1) Csat DWP SVIAI Inf. Source Finite VSIC - Finite VSIC - PSI DC Soil DWP Inf. Source Finite VSIC - Finite VSIC - PSI DC Soil 21H0909-08 21H0909-09 21H0909-10 21H0909-11 21H0909-12 21H0909-13 Criteria (1) SVIAI Criteria (1) Collection Date: SL (1) Criteria (1) Criteria (1) VSIC (1) 5 MST (1) 2 MST (1) Criteria (1) Criteria (1) VIAP SL (2) Criteria (1) VSIC (1) 5 MST (1) 2 MST (1) Criteria (1) Criteria (1) VIAP SL (2) 08/20/21 08/20/21 08/20/21 08/20/21 08/20/21 08/20/21 Polynuclear Aromatic Compounds CAS Number 2-Methylnaphthalene 91-57-6 NA 4,200 NA 57,000 2.70E+06 1.50E+06 1.50E+06 1.50E+06 6.70E+08 8.10E+06 1,700 1.70E+05 4.90E+06 1.80E+06 1.80E+06 1.80E+06 2.90E+08 2.60E+07 30,000 430 U 330 U 430 U 430 UJ 330 UJ 330 U Acenaphthene 83-32-9 NA 8,700 NA 3.00E+05 1.90E+08 8.10E+07 8.10E+07 8.10E+07 1.40E+10 4.10E+07 2.00E+05 8.80E+05 3.50E+08 9.70E+07 9.70E+07 9.70E+07 6.20E+09 1.30E+08 3.60E+06 330 U 330 U 330 U 330 UJ 330 UJ 330 U Acenaphthylene 208-96-8 NA ID NA 5,900 1.60E+06 2.20E+06 2.20E+06 2.20E+06 2.30E+09 1.60E+06 DATA 17,000 3.00E+06 2.70E+06 2.70E+06 2.70E+06 1.00E+09 5.20E+06 DATA 330 U 330 U 330 U 330 UJ 330 UJ 330 U Anthracene 120-12-7 NA ID NA 41,000 1.00E+09 1.40E+09 1.40E+09 1.40E+09 6.70E+10 2.30E+08 1.30E+07 41,000 1.00E+09 1.60E+09 1.60E+09 1.60E+09 2.90E+10 7.30E+08 2.20E+08 330 U 330 U 330 U 330 UJ 330 UJ 330 U Benzo(a)anthracene 56-55-3 NA NLL NA NLL NLV NLV NLV NLV ID 20,000 1.60E+05 (MM) NLL NLV NLV NLV NLV ID 80,000 1.10E+07 330 U 330 U 330 U 330 UJ 330 UJ 330 U Benzo(a)pyrene 50-32-8 NA NLL NA NLL NLV NLV NLV NLV 1.50E+06 2,000 NA NLL NLV NLV NLV NLV 1.90E+06 8,000 NA 330 U 330 U 330 U 330 UJ 330 UJ 330 U Benzo(b)fluoranthene 205-99-2 NA NLL NA NLL ID ID ID ID ID 20,000 NA NLL ID ID ID ID ID 80,000 NA 330 U 330 U 330 U 330 UJ 330 UJ 330 U Benzo(g,h,i)perylene 191-24-2 NA NLL NA NLL NLV NLV NLV NLV 8.00E+08 2.50E+06 NA NLL NLV NLV NLV NLV 3.50E+08 7.00E+06 NA 330 U 330 U 330 U 330 UJ 330 UJ 330 U Benzo(k)fluoranthene 207-08-9 NA NLL NA NLL NLV NLV NLV NLV ID 2.00E+05 NA NLL NLV NLV NLV NLV ID 8.00E+05 NA 330 U 330 U 330 U 330 UJ 330 UJ 330 U Chrysene 218-01-9 NA NLL NA NLL ID ID ID ID ID 2.00E+06 NA NLL ID ID ID ID ID 8.00E+06 NA 330 U 330 U 330 U 330 UJ 330 UJ 330 U Dibenzo(a,h)anthracene 53-70-3 NA NLL NA NLL NLV NLV NLV NLV ID 2,000 NA NLL NLV NLV NLV NLV ID 8,000 NA 330 U 330 U 330 U 330 UJ 330 UJ 330 U Fluoranthene 206-44-0 NA 5,500 NA 7.30E+05 1.00E+09 7.40E+08 7.40E+08 7.40E+08 9.30E+09 4.60E+07 NA 7.30E+05 1.00E+09 8.90E+08 8.80E+08 8.80E+08 4.10E+09 1.30E+08 NA 330 U 330 U 330 U 330 UJ 330 UJ 330 U Fluorene 86-73-7 NA 5,300 NA 3.90E+05 5.80E+08 1.30E+08 1.30E+08 1.30E+08 9.30E+09 2.70E+07 4.70E+05 8.90E+05 1.00E+09 1.50E+08 1.50E+08 1.50E+08 4.10E+09 8.70E+07 8.30E+06 330 U 330 U 330 U 330 UJ 330 UJ 330 U Indeno(1,2,3-cd)pyrene 193-39-5 NA NLL NA NLL NLV NLV NLV NLV ID 20,000 NA NLL NLV NLV NLV NLV ID 80,000 NA 330 U 330 U 330 U 330 UJ 330 UJ 330 U Naphthalene 91-20-3 NA 730 NA 35,000 2.50E+05 3.00E+05 3.00E+05 3.00E+05 2.00E+08 1.60E+07 67 (M*) 1.00E+05 4.70E+05 3.50E+05 3.50E+05 3.50E+05 8.80E+07 5.20E+07 1,900 330 U 330 U 330 U 330 UJ 330 UJ 330 U Phenanthrene 85-01-8 NA 2,100 NA 56,000 2.80E+06 1.60E+05 1.60E+05 1.60E+05 6.70E+06 1.60E+06 1,700 1.60E+05 5.10E+06 1.90E+05 1.90E+05 1.90E+05 2.90E+06 5.20E+06 29,000 330 U 330 U 330 U 330 UJ 330 UJ 330 U Pyrene 129-00-0 NA ID NA 4.80E+05 1.00E+09 6.50E+08 6.50E+08 6.50E+08 6.70E+09 2.90E+07 2.50E+07 4.80E+05 1.00E+09 7.80E+08 7.80E+08 7.80E+08 2.90E+09 8.40E+07 4.40E+08 330 U 330 U 330 U 330 UJ 330 UJ 330 U Metals, Total CAS Number Arsenic (B) 7440-38-2 5,800 4,600 NA 4,600 NLV NLV NLV NLV 7.20E+05 7,600 NA 4,600 NLV NLV NLV NLV 9.10E+05 37,000 NA 2,900 2,000 U 2,000 U 2,200 2,400 13,000 Barium (B) 7440-39-3 75,000 4.40E+05 (G) NA 1.30E+06 NLV NLV NLV NLV 3.30E+08 3.70E+07 NA 1.30E+06 NLV NLV NLV NLV 1.50E+08 1.30E+08 NA 17,000 4,300 7,500 9,400 10,000 16,000 Cadmium (B) 7440-43-9 1,200 3,600 (G,X) NA 6,000 NLV NLV NLV NLV 1.70E+06 5.50E+05 NA 6,000 NLV NLV NLV NLV 2.20E+06 2.10E+06 NA 400 200 U 200 U 570 240 5,200 Chromium, Total (B, H) 7440-47-3 18,000 (total) 3,300 NA 30,000 NLV NLV NLV NLV 2.60E+05 2.50E+06 NA 30,000 NLV NLV NLV NLV 2.40E+05 9.20E+06 NA 62,000 11,000 28,000 76,000 100,000 1,600,000 Copper (B) 7440-50-8 32,000 75,000 (G) NA 5.80E+06 NLV NLV NLV NLV 1.30E+08 2.00E+07 NA 5.80E+06 NLV NLV NLV NLV 5.90E+07 7.30E+07 NA 48,000 12,000 68,000 38,000 59,000 380,000 Lead (B) 7439-92-1 21,000 5.10E+06 (G,X) NA 7.00E+05 NLV NLV NLV NLV 1.00E+08 4.00E+05 NA 7.00E+05 NLV NLV NLV NLV 4.40E+07 9.00E+05 NA 25,000 4,200 8,300 16,000 18,000 240,000 Mercury (Total) (B) 7439-97-6 130 50 (M); 1.2 NA 1,700 48,000 52,000 52,000 52,000 2.00E+07 1.60E+05 22 (M*) 1,700 89,000 62,000 62,000 62,000 8.80E+06 5.80E+05 390 (M*) 50 U 50 U 50 U 50 U 50 U 140 Selenium (B) 7782-49-2 410 400 NA 4,000 NLV NLV NLV NLV 1.30E+08 2.60E+06 NA 4,000 NLV NLV NLV NLV 5.90E+07 9.60E+06 NA 3,700 4,400 1,300 2,700 560 U 1,200 Silver (B) 7440-22-4 1,000 100 (M); 27 NA 4,500 NLV NLV NLV NLV 6.70E+06 2.50E+06 NA 13,000 NLV NLV NLV NLV 2.90E+06 9.00E+06 NA 520 U 500 U 460 U 520 U 470 U 2,900 Zinc (B) 7440-66-6 47,000 1.70E+05 (G) NA 2.40E+06 NLV NLV NLV NLV ID 1.70E+08 NA 5.00E+06 NLV NLV NLV NLV ID 6.30E+08 NA 74,000 15,000 24,000 66,000 67,000 1,900,000 Solids, Total (%) -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 97 94 97 96 86 88 Results expressed in µg/Kg dry weight. Bolded values exceed an applicable criterion. Italicized values are below Statewide Default Background Level but exceed an applicable criterion or screening level. Data Qualifiers: J Estimated value U Not detected Footnotes/Abbreviations: (1) Part 201 Soil Generic Cleanup Criteria and Screening Levels/Part 213 Risk-based Screening Levels, December 30, 2013 (GSI Criteria Updated June 25, 2018). (2) EGLE Volatilization to Indoor Air Pathway Screening Levels, September 4, 2020. (B) Background, as defined in R 299.5701(b), may be substituted if higher than the calculated criterion. (G) Criterion dependent on receiving surface water hardness; calculated criteria based on water hardness of 150 mg/L. (H) Data provided for total chromium only; evaluated against hexavalent Chromium criteria. (M) Calculated criterion is below the target detection limit (TDL); first number is the criterion (TDL), the second is the risk-based value. (M*) The VIAP SL may be below TDL. In accordance with Sec. 20120a(10) when the TDL for a hazardous substance is greater than the developed VIAP SL, the TDL is used to evaluate the risk posed from the pathway. (X) Criterion is not protective for surface water used as a drinking water source. (MM) Hazardous substance is a carcinogen with a mutagenic mode of action. The cancer potency values used in calculating VIAP SLs are modified using age-dependent adjustment factors for those carcinogenic chemicals identified as mutagenic. Csat saturation concentration DC direct contact DWP drinking water protection GSIP groundwater surface water interface protection ID Insufficient data to develop criterion. MST meter source thickness NA not available NLL Not likely to leach under most soil conditions. NLV Not likely to volatilize under most conditions. 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0LFURVRIW(VUL+(5(*DUPLQ6DIH*UDSK*HR7HFKQRORJLHV,QF0 L),*85(12 FKLJ DQ $ YH 0 )((7 0(7,1$6$86*6(3$13686&HQVXV%XUHDX86'$ 1257+ ˘ ‰&RS\ULJKW$OO5LJKWV5HVHUYHG 399 Fishbeck | 1 of 2 Table 1 - Soil Data Summary Leestma Management, LLC, 1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan October 2022 Sample Location: APNSB-01 APNSB-02 APNSB-03 APNSB-04 APNSB-05 Field Blank Soil Statewide Finite VSIC Finite VSIC Particulate Depth Interval (ft): (2-4) (6-8) (1-3) (4.5-6.5) (4-6) Drinking Water Volatilization to Infinite Direct Soil Saturation Default GSIP for 5 Meter for 2 Meter Soil Soil Investigative/Field Duplicate/QC: Investigative Investigative Investigative Investigative Investigative QC Protection (1) Indoor Air Source Contact Concentration (2) Background Criteria Source Source Inhalation VIAP SL Laboratory ID: 22102086-07 22102086-08 22102086-09 22102086-10 22102086-11 22102086-12 (1) Criteria (1) Inhalation VSIC (1) (1) (1) (1) Criteria (1) SL (1) Levels (1) Thickness Thickness Criteria Collection Date: 10/21/22 10/21/22 10/21/22 10/21/22 10/21/22 10/21/22 Criteria Volatile Organic Compounds CAS Number 1,1,1,2-Tetrachloroethane 630-20-6 20 U 21 U 23 U 22 U 20 U 30 U NA 1,500 ID 6,200 36,000 54,000 1.00E+05 4.20E+08 4.80E+05 (C) 4.40E+05 3.2 (M*) 1,1,1-Trichloroethane 71-55-6 20 U 21 U 23 U 22 U 20 U 30 U NA 4,000 1,800 2.50E+05 3.80E+06 1.20E+07 2.80E+07 6.70E+10 5.00E+08 (C) 4.60E+05 450 (EE) 1,1,2,2-Tetrachloroethane 79-34-5 20 U 21 U 23 U 22 U 20 U 30 U NA 170 1,600 (X) 4,300 10,000 10,000 14,000 5.40E+07 53,000 8.70E+05 2.7 (M*) 1,1,2-Trichloro-1,2,2-trifluoroethane 76-13-1 20 U 21 U 23 U 22 U 20 U 30 U NA 9.00E+06 (C) 1,700 5.10E+06 (C) 1.80E+08 8.80E+08 2.10E+09 5.10E+12 1.00E+09 (C,D) 5.50E+05 860 1,1,2-Trichloroethane 79-00-5 20 U 21 U 23 U 22 U 20 U 30 U NA 100 6,600 (X) 4,600 17,000 21,000 44,000 1.90E+08 1.80E+05 9.20E+05 0.37 (M*) 1,1-Dichloroethane 75-34-3 20 U 21 U 23 U 22 U 20 U 30 U NA 18,000 15,000 2.30E+05 2.10E+06 5.90E+06 1.40E+07 3.30E+10 2.70E+07 (C) 8.90E+05 2.6 (M*) 1,1-Dichloroethene 75-35-4 20 U 21 U 23 U 22 U 20 U 30 U NA 140 2,600 62 1,100 5,300 13,000 6.20E+07 2.00E+05 5.70E+05 12 (M*) 1,2,3-Trichloropropane 96-18-4 20 U 21 U 23 U 22 U 20 U 30 U NA 840 NA 4,000 9,200 9,200 11,000 2.00E+07 1.30E+06 (C) 8.30E+05 2.6 (M*) 1,2,4-Trichlorobenzene 120-82-1 68 U 70 U 76 U 72 U 68 U 100 U NA 4,200 5,900 (X) 9.60E+06 (C) 2.80E+07 2.80E+07 2.80E+07 2.50E+10 9.90E+05 (DD) 1.10E+06 53 (M*) 1,2,4-Trimethylbenzene 95-63-6 20 U 21 U 23 U 22 U 20 U 30 U NA 2,100 570 4.30E+06 (C) 2.10E+07 5.00E+08 5.00E+08 8.20E+10 3.20E+07 (C) 1.10E+05 150 (JT) 1,2-Dibromo-3-chloropropane (DBCP) 96-12-8 68 U 70 U 76 U 72 U 68 U 100 U NA 10 (M); 4.0 ID 220 260 260 260 5.60E+05 4,400 (C) 1,200 DATA 1,2-Dibromoethane (EDB) 106-93-4 20 U 21 U 23 U 22 U 20 U 30 U NA 20 (M); 1.0 110 (X) 670 1,700 1,700 3,300 1.40E+07 92 8.90E+05 0.074 (M*) 1,2-Dichlorobenzene 95-50-1 20 U 21 U 23 U 22 U 20 U 30 U NA 14,000 280 1.10E+07 (C) 3.90E+07 3.90E+07 5.20E+07 1.00E+11 1.90E+07 (C) 2.10E+05 1,500 1,2-Dichloroethane 107-06-2 68 U 70 U 76 U 72 U 68 U 100 U NA 100 7,200 (X) 2,100 6,200 11,000 26,000 1.20E+08 91,000 1.20E+06 0.82 (M*) 1,2-Dichloropropane 78-87-5 20 U 21 U 23 U 22 U 20 U 30 U NA 100 4,600 (X) 4,000 25,000 50,000 1.10E+05 2.70E+08 1.40E+05 5.50E+05 2.1 (M*) 1,3,5-Trimethylbenzene 108-67-8 68 U 70 U 76 U 72 U 68 U 100 U NA 1,800 1,100 2.60E+06 (C) 1.60E+07 3.80E+08 3.80E+08 8.20E+10 3.20E+07 (C) 94,000 100 (JT) 1,3-Dichlorobenzene 541-73-1 20 U 21 U 23 U 22 U 20 U 30 U NA 170 680 26,000 79,000 79,000 1.10E+05 2.00E+08 2.00E+05 (C) 1.70E+05 10 (M*) 1,3-Dichloropropene, cis- 10061-01-5 20 U 21 U 23 U 22 U 20 U 30 U -- -- -- -- -- -- -- -- -- -- -- 1,3-Dichloropropene, trans- 10061-02-6 20 U 21 U 23 U 22 U 20 U 30 U -- -- -- -- -- -- -- -- -- -- -- 1,3-Dichloropropene (Total) 542-75-6 40 U 42 U 46 U 44 U 40 U 60 U NA 170 180 (X) 1,000 18,000 68,000 1.60E+05 7.80E+08 10,000 6.20E+05 3.1 (J,M*) 1,4-Dichlorobenzene 106-46-7 20 U 21 U 23 U 22 U 20 U 30 U NA 1,700 360 19,000 77,000 77,000 1.10E+05 4.50E+08 4.00E+05 NA 23 (M*) 2-Butanone (MEK) 78-93-3 140 U 140 U 150 U 140 U 140 U 200 U NA 2.60E+05 44,000 5.40E+07 (C) 2.90E+07 2.90E+07 3.50E+07 6.70E+10 1.20E+08 (C,DD) 2.70E+07 31,000 (DD*) 2-Hexanone 591-78-6 20 U 21 U 23 U 22 U 20 U 30 U NA 20,000 ID 9.90E+05 1.10E+06 1.10E+06 1.40E+06 2.70E+09 3.20E+07 (C) 2.50E+06 210 (M*) 2-Methylnaphthalene 91-57-6 68 U 70 U 36 J 44 J 68 U 100 U NA 57,000 4,200 2.70E+06 1.50E+06 1.50E+06 1.50E+06 6.70E+08 8.10E+06 NA 1,700 4-Methyl-2-pentanone (MIBK) 108-10-1 20 U 21 U 23 U 22 U 20 U 30 U NA 36,000 ID 3.70E+07 (C) 4.50E+07 4.50E+07 6.70E+07 1.40E+11 5.60E+07 (C) 2.70E+06 3,300 Acetone 67-64-1 140 170 76 U 170 180 340 NA 15,000 34,000 2.90E+08 (C) 1.30E+08 1.30E+08 1.90E+08 3.90E+11 2.30E+07 1.10E+08 2.60E+05 (EE) Acrylonitrile 107-13-1 68 U 70 U 76 U 72 U 68 U 100 U NA 100 (M); 52 100 (M); 40 6,600 5,000 5,100 10,000 4.60E+07 16,000 8.30E+06 1.2 (M*) Benzene 71-43-2 20 U 21 U 23 U 22 U 20 U 30 U NA 100 4,000 (X) 1,600 13,000 34,000 79,000 3.80E+08 1.80E+05 4.00E+05 1.7 (M*) Bromochloromethane 74-97-5 20 U 21 U 23 U 22 U 20 U 30 U -- -- -- -- -- -- -- -- -- --- -- Bromodichloromethane 75-27-4 20 U 21 U 23 U 22 U 20 U 30 U NA 1,600 (W) ID 1,200 9,100 9,700 19,000 8.40E+07 1.10E+05 1.50E+06 0.61 (M*) Bromoform 75-25-2 20 U 21 U 23 U 22 U 20 U 30 U NA 1,600 (W) ID 1.50E+05 9.00E+05 9.00E+05 9.00E+05 2.80E+09 8.20E+05 8.70E+05 45 (M*) Bromomethane 74-83-9 68 U 70 U 76 U 72 U 68 U 100 U NA 200 100 860 11,000 57,000 1.40E+05 3.30E+08 3.20E+05 2.20E+06 0.90 (M*) Carbon disulfide 75-15-0 20 U 21 U 23 U 22 U 20 U 30 U NA 16,000 ID 76,000 1.30E+06 7.90E+06 1.90E+07 4.70E+10 7.20E+06 (C,DD) 2.80E+05 52 (M*) Carbon tetrachloride 56-23-5 20 U 21 U 23 U 22 U 20 U 30 U NA 100 760 (X) 190 3,500 12,000 28,000 1.30E+08 96,000 3.90E+05 0.31 (M*) Chlorobenzene 108-90-7 20 U 21 U 23 U 22 U 20 U 30 U NA 2,000 500 1.20E+05 7.70E+05 9.90E+05 2.10E+06 4.70E+09 4.30E+06 (C) 2.60E+05 82 Chloroethane 75-00-3 68 U 70 U 76 U 72 U 68 U 100 U NA 8,600 22,000 (X) 2.90E+06 (C) 3.00E+07 1.20E+08 2.80E+08 6.70E+11 2.60E+06 (C) 9.50E+05 330 Chloroform 67-66-3 20 U 21 U 23 U 22 U 20 U 30 U NA 1,600 (W) 7,000 7,200 45,000 1.20E+05 2.70E+05 1.30E+09 1.20E+06 1.50E+06 0.26 (M*) Chloromethane 74-87-3 68 U 70 U 76 U 72 U 68 U 100 U NA 5,200 ID 2,300 40,000 4.10E+05 1.00E+06 4.90E+09 1.60E+06 (C) 1.10E+06 6.9 (M*) cis-1,2-Dichloroethene 156-59-2 20 U 21 U 23 U 22 U 20 U 30 U NA 1,400 12,000 22,000 1.80E+05 4.20E+05 9.90E+05 2.30E+09 2.50E+06 (C) 6.40E+05 2.1 (M*) Dibromochloromethane 124-48-1 20 U 21 U 23 U 22 U 20 U 30 U NA 1,600 (W) ID 3,900 24,000 24,000 33,000 1.30E+08 1.10E+05 6.10E+05 0.40 (M*,MM) Dibromomethane 74-95-3 20 U 21 U 23 U 22 U 20 U 30 U NA 1,600 NA ID ID ID ID ID 2.50E+06 (C) 2.00E+06 3.5 (M*) Dichlorodifluoromethane 75-71-8 68 U 70 U 76 U 72 U 68 U 100 U NA 95,000 ID 9.00E+05 5.30E+07 5.50E+08 1.40E+09 3.30E+12 5.20E+07 (C) 1.00E+06 12 (M*) Diethyl ether 60-29-7 20 U 21 U 23 U 22 U 20 U 30 U NA 200 ID 2.80E+07 (C) 8.50E+07 1.50E+08 3.40E+08 8.00E+11 1.10E+08 (C) 7.40E+06 350 Ethylbenzene 100-41-4 20 U 21 U 23 U 22 U 20 U 30 U NA 1,500 360 87,000 7.20E+05 1.00E+06 2.20E+06 1.00E+10 2.20E+07 (C) 1.40E+05 12 (M*) Hexachloroethane 67-72-1 68 U 70 U 76 U 72 U 68 U 100 U NA 430 1,800 (X) 40,000 5.50E+05 9.30E+05 9.30E+05 2.30E+08 2.30E+05 NA 3.2 (M*) Iodomethane 74-88-4 340 U 350 U 380 U 360 U 340 U 500 U -- -- -- -- -- -- -- -- -- -- -- Isopropyl benzene (Cumene) 98-82-8 20 U 21 U 23 U 22 U 20 U 30 U NA 91,000 3,200 4.00E+05 (C) 1.70E+06 1.70E+06 2.80E+06 5.80E+09 2.50E+07 (C) 3.90E+05 3.8 (M*) Methyl-tert-butyl ether (MTBE) 1634-04-4 20 U 21 U 23 U 22 U 20 U 30 U NA 800 1.40E+05 (X) 9.90E+06 (C) 2.50E+07 3.90E+07 8.70E+07 2.00E+11 1.50E+06 5.90E+06 74 (M*) Methylene chloride 75-09-2 170 U 170 U 190 U 180 U 170 U 250 U NA 100 30,000 (X) 45,000 2.10E+05 5.90E+05 1.40E+06 6.60E+09 1.30E+06 2.30E+06 130 n-Propylbenzene 103-65-1 20 U 21 U 23 U 22 U 20 U 30 U NA 1,600 ID ID ID ID ID 1.30E+09 2.50E+06 1.00E+07 1,800 (DD*) Naphthalene 91-20-3 68 U 70 U 76 U 89 68 U 100 U NA 35,000 730 2.50E+05 3.00E+05 3.00E+05 3.00E+05 2.00E+08 1.60E+07 NA 67 (M*) Styrene 100-42-5 20 U 21 U 23 U 22 U 20 U 30 U NA 2,700 2,100 (X) 2.50E+05 9.70E+05 9.70E+05 1.40E+06 5.50E+09 4.00E+05 5.20E+05 150 Tetrachloroethene (PCE) 127-18-4 20 U 21 U 23 U 22 U 20 U 30 U NA 100 1,200 (X) 11,000 1.70E+05 4.80E+05 1.10E+06 2.70E+09 2.00E+05 (C) 88,000 6.2 (M*,EE) Toluene 108-88-3 20 U 21 U 23 U 22 U 20 U 30 U NA 16,000 5,400 3.30E+05 (C) 2.80E+06 5.10E+06 1.20E+07 2.70E+10 5.00E+07 (C) 2.50E+05 3,700 trans-1,2-Dichloroethene 156-60-5 20 U 21 U 23 U 22 U 20 U 30 U NA 2,000 30,000 (X) 23,000 2.80E+05 8.30E+05 2.00E+06 4.70E+09 3.80E+06 (C) 1.40E+06 12 (M*) trans-1,4-Dichloro-2-butene 110-57-6 20 U 21 U 23 U 22 U 20 U 30 U -- -- -- -- -- -- -- -- -- -- -- Trichloroethene (TCE) 79-01-6 20 U 21 U 23 U 22 U 20 U 30 U NA 100 4,000 (X) 1,000 11,000 25,000 57,000 1.30E+08 1.10E+05 (DD) 5.00E+05 0.33 (M*,DD*) Trichlorofluoromethane 75-69-4 20 U 21 U 23 U 22 U 20 U 30 U NA 52,000 NA 2.80E+06 (C) 9.20E+07 6.30E+08 1.50E+09 3.80E+12 7.90E+07 (C) 5.60E+05 19 (M*) Vinyl acetate 108-05-4 170 U 170 U 190 U 180 U 170 U 250 U NA 13,000 NA 7.90E+05 1.70E+06 2.60E+06 5.80E+06 1.30E+10 5.80E+06 (C) 2.40E+06 160 (M*) Vinyl chloride 75-01-4 20 U 21 U 23 U 22 U 20 U 30 U NA 40 260 (X) 270 4,200 30,000 73,000 3.50E+08 3,800 4.90E+05 0.082 (M*,MM) Xylenes, meta- & para- 179601-23-1 41 U 42 U 46 U 43 U 41 U 60 U -- -- -- -- -- -- -- -- -- -- -- Xylene, ortho- 95-47-6 20 U 21 U 23 U 22 U 20 U 30 U -- -- -- -- -- -- -- -- -- -- -- Xylenes, Total 1330-20-7 61 U 63 U 68 U 65 U 61 U 90 U NA 5,600 980 6.30E+06 (C) 4.60E+07 6.10E+07 1.30E+08 2.90E+11 4.10E+08 (C) 1.50E+05 280 (J) Z:\2020\201515\WORK\Rept\Phase II ESA_October 2022\TBL01_DataSummary-Soil_2022_10.xlsx 400 11/22/2022 Fishbeck | 2 of 2 Table 1 - Soil Data Summary Leestma Management, LLC, 1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan October 2022 Sample Location: APNSB-01 APNSB-02 APNSB-03 APNSB-04 APNSB-05 Field Blank Soil Statewide Finite VSIC Finite VSIC Particulate Depth Interval (ft): (2-4) (6-8) (1-3) (4.5-6.5) (4-6) Drinking Water Volatilization to Infinite Direct Soil Saturation Default GSIP for 5 Meter for 2 Meter Soil Soil Investigative/Field Duplicate/QC: Investigative Investigative Investigative Investigative Investigative QC Protection (1) Indoor Air Source Contact Concentration (2) Background Criteria Source Source Inhalation VIAP SL Laboratory ID: 22102086-07 22102086-08 22102086-09 22102086-10 22102086-11 22102086-12 (1) Criteria (1) Inhalation VSIC (1) (1) (1) (1) Criteria (1) SL (1) Levels (1) Thickness Thickness Criteria Collection Date: 10/21/22 10/21/22 10/21/22 10/21/22 10/21/22 10/21/22 Criteria Polynuclear Aromatic Compounds CAS Number 2-Methylnaphthalene 91-57-6 4.4 U 47 U 4.6 U 4.5 U 62 U -- NA 57,000 4,200 2.70E+06 1.50E+06 1.50E+06 1.50E+06 6.70E+08 8.10E+06 NA 1,700 Acenaphthene 83-32-9 4.4 U 47 U 4.6 U 30 62 U -- NA 3.00E+05 8,700 1.90E+08 8.10E+07 8.10E+07 8.10E+07 1.40E+10 4.10E+07 NA 2.00E+05 Acenaphthylene 208-96-8 4.4 U 47 U 4.6 U 4.5 U 62 U -- NA 5,900 ID 1.60E+06 2.20E+06 2.20E+06 2.20E+06 2.30E+09 1.60E+06 NA DATA Anthracene 120-12-7 4.4 U 47 U 4.6 U 210 62 U -- NA 41,000 ID 1.00E+09 1.40E+09 1.40E+09 1.40E+09 6.70E+10 2.30E+08 NA 1.30E+07 Benzo(a)anthracene 56-55-3 8.3 47 U 4.6 U 230 65 -- NA NLL NLL NLV NLV NLV NLV ID 20,000 NA 1.60E+05 (MM) Benzo(a)pyrene 50-32-8 7.2 47 U 4.6 U 180 70 -- NA NLL NLL NLV NLV NLV NLV 1.50E+06 2,000 NA NA Benzo(b)fluoranthene 205-99-2 8.8 47 U 4.6 U 210 130 -- NA NLL NLL ID ID ID ID ID 20,000 NA NA Benzo(g,h,i)perylene 191-24-2 4.9 47 U 4.6 U 120 89 -- NA NLL NLL NLV NLV NLV NLV 8.00E+08 2.50E+06 NA NA Benzo(k)fluoranthene 207-08-9 5.7 47 U 4.6 U 110 61 J -- NA NLL NLL NLV NLV NLV NLV ID 2.00E+05 NA NA Chrysene 218-01-9 13 63 5.0 260 130 -- NA NLL NLL ID ID ID ID ID 2.00E+06 NA NA Dibenzo(a,h)anthracene 53-70-3 4.4 U 47 U 4.6 U 19 62 U -- NA NLL NLL NLV NLV NLV NLV ID 2,000 NA NA Fluoranthene 206-44-0 18 60 6.6 700 98 -- NA 7.30E+05 5,500 1.00E+09 7.40E+08 7.40E+08 7.40E+08 9.30E+09 4.60E+07 NA NA Fluorene 86-73-7 4.4 U 47 U 4.6 U 49 62 U -- NA 3.90E+05 5,300 5.80E+08 1.30E+08 1.30E+08 1.30E+08 9.30E+09 2.70E+07 NA 4.70E+05 Indeno(1,2,3-cd)pyrene 193-39-5 4.4 47 U 4.6 U 150 71 -- NA NLL NLL NLV NLV NLV NLV ID 20,000 NA NA Naphthalene 91-20-3 4.4 U 47 U 4.6 U 4.5 U 62 U -- NA 35,000 730 2.50E+05 3.00E+05 3.00E+05 3.00E+05 2.00E+08 1.60E+07 NA 67 (M*) Phenanthrene 85-01-8 4.4 U 47 U 4.6 U 620 62 U -- NA 56,000 2,100 2.80E+06 1.60E+05 1.60E+05 1.60E+05 6.70E+06 1.60E+06 NA 1,700 Pyrene 129-00-0 18 77 8.7 580 120 -- NA 4.80E+05 ID 1.00E+09 (D) 6.50E+08 6.50E+08 6.50E+08 6.70E+09 2.90E+07 NA 2.50E+07 Metals, Total CAS Number Arsenic (B) 7440-38-2 3,900 3,700 9,100 4,400 9,100 -- 5,800 4,600 4,600 NLV NLV NLV NLV 7.20E+05 7,600 NA NA Barium (B) 7440-39-3 9,500 18,000 J 9,200 7,000 14,000 -- 75,000 1.30E+06 4.40E+05 (G) NLV NLV NLV NLV 3.30E+08 3.70E+07 NA NA Cadmium (B) 7440-43-9 76 J 790 1,000 120 J 150 U -- 1,200 6,000 3,600 (G,X) NLV NLV NLV NLV 1.70E+06 5.50E+05 NA NA Chromium, Total (B, H) 7440-47-3 20,000 50,000 140,000 22,000 38,000 -- 18,000 (total) 30,000 3,300 NLV NLV NLV NLV 2.60E+05 2.50E+06 NA NA Copper (B) 7440-50-8 19,000 32,000 77,000 48,000 89,000 -- 32,000 5.80E+06 75,000 (G) NLV NLV NLV NLV 1.30E+08 2.00E+07 NA NA Lead (B) 7439-92-1 16,000 38,000 65,000 6,900 4,600 -- 21,000 7.00E+05 5.10E+06 (G,X) NLV NLV NLV NLV 1.00E+08 4.00E+05 NA NA Mercury (Total) (B) 7439-97-6 19 U 24 280 940 19 U -- 130 1,700 50 (M); 1.2 48,000 52,000 52,000 52,000 2.00E+07 1.60E+05 NA 22 (M*) Selenium (B) 7782-49-2 350 U 390 U 36,000 390 U 380 U -- 410 4,000 400 NLV NLV NLV NLV 1.30E+08 2.60E+06 NA NA Silver (B) 7440-22-4 350 U 62 J 410 69 J 380 U -- 1,000 4,500 100 (M); 27 NLV NLV NLV NLV 6.70E+06 2.50E+06 NA NA Zinc (B) 7440-66-6 19,000 30,000 290,000 15,000 7,000 -- 47,000 2.40E+06 1.70E+05 (G) NLV NLV NLV NLV ID 1.70E+08 NA NA Solids, Total (%) -- 93.4 91.1 89.0 90.3 92.8 -- -- -- -- -- -- -- -- -- -- -- -- Results expressed in µg/Kg dry weight. Bolded values exceed Statewide Default Background Level and an applicable criterion or screening level. Italicized values are below Statewide Default Background Level but exceed an applicable criterion or screening level. Underlined parameters are classified as Polynuclear Aromatic Compounds. Data Qualifiers: J Estimated value U Not detected Footnotes/Abbreviations: (1) Part 201 Residential Soil Generic Cleanup Criteria and Screening Levels/Part 213 Risk-based Screening Levels, December 30, 2013 (GSI Criteria Updated June 25, 2018). (2) EGLE Volatilization to Indoor Air Pathway Screening Levels, September 4, 2020. (B) Background, as defined in R 299.5701(b), may be substituted if higher than the calculated criterion. (C) Value is screening level based on the chemical-specific generic soil saturation concentration (Csat). (D) Calculated criterion exceeds 100 percent; hence it is reduced to 100 percent or 1.00E+09 parts per billion (ppb). (G) Criterion dependent on receiving surface water (SW) hardness; calculated criteria based on water hardness of 150 mg/L. (H) Data provided for total chromium only; evaluated against hexavalent chromium criteria. (J) Hazardous substance may be present in several isomer forms. Isomer-specific concentrations must be added together for comparison to criteria. (JT) Hazardous substance may be present in several isomer forms. The VIAP SL may be used for the individual isomer provided that it is the sole isomer detected; however, when multiple isomers are detected in a medium, the isomer-specific concentrations must be added together and compared to the most restrictive VIAP SL of the detected isomers. (M) Calculated criterion is below the target detection limit (TDL); first number is the criterion (TDL), the second is the risk-based value. (M*) The VIAP SL may be below TDL. In accordance with Sec. 20120a(10) when the TDL for a hazardous substance is greater than the developed VIAP SL, the TDL is used to evaluate the risk posed from the pathway. (W) Concentrations of trihalomethanes must be added together to determine compliance with criterion. (X) Criterion is not protective for SW used as a drinking water (DW) source. (DD) Hazardous substance causes developmental effects. Residential direct contact criteria are protective of both prenatal and postnatal exposure. (DD*) Hazardous substance causes developmental effects. Residential VIAP SLs are protective of both prenatal exposure using a pregnant female receptor and postnatal exposure using a child receptor. Prenatal developmental effects may occur after an acute (i.e. short- term) or full-term exposure. (EE) The acceptable air concentration (AAC) for the volatile hazardous substances is not derived using standard equations. The hazardous substance may cause adverse human health effects for less than chronic exposures (i.e. short-term or acute). The AAC for these hazardous substances is the acute or intermediate minimum risk level (MRL) developed by the Agency for Toxic Substances and Disease Registry (ATSDR), a USEPA Integrated Risk Information System (IRIS) acute reference concentration, or an acute initial threshold screening level (ITSL) by the EGLE’s Air Quality Division. (MM) Hazardous substance is a carcinogen with a mutagenic mode of action. The cancer potency values used in calculating VIAP SLs are modified using age-dependent adjustment factors for those carcinogenic chemicals identified as mutagenic. DATA Insufficient physical chemical parameters to calculate a VIAP SL for specified media. If detections are present in specified media, health-based soil vapor value should be used to evaluate risk. GSIP groundwater surface water interface protection ID Insufficient data to develop criterion. NA not available NLL Not likely to leach under most soil conditions. NLV Not likely to volatilize under most conditions. SL screening level VIAP volatilization to indoor air pathway VSIC volatile soil inhalation criteria Z:\2020\201515\WORK\Rept\Phase II ESA_October 2022\TBL01_DataSummary-Soil_2022_10.xlsx 401 11/22/2022 Fishbeck | 1 of 3 Table 2 - Groundwater Data Summary Leestma Management, LLC, 1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan October 2022 Monitoring Location: APNTW-01 APNTW-02 APNTW-03 APNTW-04 APNTW-05 Trip Blank Residential Flammability Residential GW- Residential GW- Depth Interval (ft): (6.5-11.5) (6-11) (7-12) (9.5-14.5) (7.5-12.5) Residential GSI Water (1) (1) Groundwater (1) and Explosivity Shallow Not in Contact VIAP Laboratory ID: 22102086-01 22102086-02 22102086-03 22102086-04 22102086-05 22102086-06 DWC Criteria (1) Solubility (1) (2) (2) Collection Date: VIAIC SL VIAP SL SL 10/21/22 10/21/22 10/21/22 10/21/22 10/21/22 10/21/22 Volatile Organic Compounds CAS Number 1,1,1,2-Tetrachloroethane 630-20-6 1U 1U 1U 1U 1U 1U 77 ID 15,000 1.10E+06 ID 3.1 89 1,1,1-Trichloroethane 71-55-6 1U 1U 1U 1U 1U 1U 200 (A) 89 6.60E+05 1.33E+06 ID 180 (FF*) 17,000 (EE*) 1,1,2,2-Tetrachloroethane 79-34-5 1U 1U 1U 1U 1U 1U 8.5 78 (X) 12,000 2.97E+06 ID 2.4 71 1,1,2-Trichloro-1,2,2-trifluoroethane 76-13-1 1U 1U 1U 1U 1U 1U 1.70E+05 (S) 32 1.70E+05 (S) 1.70E+05 ID 840 2,700 1,1,2-Trichloroethane 79-00-5 1U 1U 1U 1U 1U 1U 5.0 (A) 330 (X) 17,000 4.42E+06 NA 0.47 (M*) 14 1,1-Dichloroethane 75-34-3 1U 1U 1U 1U 1U 1U 880 740 1.00E+06 5.06E+06 3.80E+05 4.7 130 1,1-Dichloroethene 75-35-4 1U 1U 1U 1U 1U 1U 7.0 (A) 130 200 2.25E+06 97,000 18 330 1,2,3-Trichloropropane 96-18-4 1U 1U 1U 1U 1U 1U 42 NA 8,300 1.90E+06 NA 1.9 57 1,2,4-Trichlorobenzene 120-82-1 1U 1U 1U 1U 1U 1U 70 (A) 99 (X) 3.00E+05 (S) 3.00E+05 NA 3.8 (M*) 110 1,2,4-Trimethylbenzene 95-63-6 1U 1U 3.8 1U 1U 1U 63/1,000 (E) 17 56,000 (S) 55,890 56,000 (S) 25 (JT) 670 (JT) 1,2-Dibromo-3-chloropropane (DBCP) 96-12-8 1U 1U 1U 1U 1U 1U 0.20 (A) ID 220 1,230 NA 0.00045 (M*,MM) 0.00045 (CC*,M*,MM) 1,2-Dibromoethane (EDB) 106-93-4 1U 1U 1U 1U 1U 1U 0.050 (A) 5.7 (X) 2,400 4.20E+06 ID 0.13 3.8 1,2-Dichlorobenzene 95-50-1 1U 1U 1U 1U 1U 1U 600 (A) 13 1.60E+05 (S) 1.56E+05 NA 370 11,000 1,2-Dichloroethane 107-06-2 1U 1U 1U 1U 1U 1U 5.0 (A) 360 (X) 9,600 8.52E+06 2.50E+06 1.4 41 1,2-Dichloropropane 78-87-5 1U 1U 1U 1U 1U 1U 5.0 (A) 230 (X) 16,000 2.80E+06 5.50E+05 2.6 74 1,3,5-Trimethylbenzene 108-67-8 1U 1U 1.4 1U 1U 1U 72/1,000 (E) 45 61,000 (S) 61,150 ID 18 (JT) 470 (JT) 1,3-Dichlorobenzene 541-73-1 1U 1U 1U 1U 1U 1U 6.6 28 18,000 1.11E+05 ID 2.6 75 1,3-Dichloropropene, cis- 10061-01-5 1U 1U 1U 1U 1U 1U -- -- -- -- -- -- -- 1,3-Dichloropropene, trans- 10061-02-6 1U 1U 1U 1U 1U 1U -- -- -- -- -- -- -- 1,3-Dichloropropene (Total) (Calc.) 542-75-6 2U 2U 2U 2U 2U 2U 8.5 9.0 (X) 3,900 2.80E+06 1.30E+05 3.3 (J) 95 (J) 1,4-Dichlorobenzene 106-46-7 1U 1U 1U 1U 1U 1U 75 (A) 17 16,000 73,800 NA 5.9 170 2-Butanone (MEK) 78-93-3 2.2 J 5U 5U 5U 5U 2.0 J 13,000 2,200 2.40E+08 (S) 2.40E+08 ID 2,600 (DD) 4.30E+06 (DD) 2-Hexanone 591-78-6 5U 5U 5U 5U 5U 5U 1,000 ID 4.20E+06 1.60E+07 NA 660 20,000 2-Methylnaphthalene 91-57-6 25 U 77 43 28 5U 1.5 J 260 19 25,000 (S) 24,600 ID 66 2,000 4-Methyl-2-pentanone (MIBK) 108-10-1 1U 1U 1U 1U 1U 1U 1,800 ID 2.00E+07 (S) 2.00E+07 ID 660 20,000 Acetone 67-64-1 10 U 10 U 10 U 10 U 10 U 10 U 730 1,700 1.00E+09 (D,S) 1.00E+09 1.50E+07 50,000 (FF*) 50,000 Acrylonitrile 107-13-1 1U 1U 1U 1U 1U 1U 2.6 2.0 (M); 1.2 34,000 7.50E+07 6.40E+06 4.6 140 Benzene 71-43-2 1U 1U 3.7 1U 1U 1U 5.0 (A) 200 (X) 5,600 1.75E+06 68,000 1.0 28 Bromochloromethane 74-97-5 1U 1U 1U 1U 1U 1U -- -- -- -- -- -- -- Bromodichloromethane 75-27-4 1U 1U 1U 1U 1U 1U 80 (A,W) ID 4,800 6.74E+06 ID 1.2 34 Bromoform 75-25-2 1U 1U 1U 1U 1U 1U 80 (A,W) ID 4.70E+05 3.10E+06 ID 89 2,700 Bromomethane 74-83-9 1U 1U 1U 1U 1U 1U 10 5.0 (M); 4.2 4,000 1.45E+07 ID 2.1 (M*) 55 Carbon Disulfide 75-15-0 1U 1U 1.1 1U 1U 1U 800 ID 2.50E+05 1.19E+06 13,000 92 2,100 Carbon Tetrachloride 56-23-5 1U 1U 1U 1U 1U 1U 5.0 (A) 38 (X) 370 7.93E+05 ID 0.41 (M*) 7.7 Chlorobenzene 108-90-7 1U 1U 1U 1U 1U 1U 100 (A) 25 2.10E+05 4.72E+05 1.60E+05 33 940 Chloroethane 75-00-3 1U 1U 1U 1U 1U 4.6 430 1,100 (X) 5.70E+06 (S) 5.74E+06 1.10E+05 620 15,000 Chloroform 67-66-3 1U 1U 1U 1U 1U 1U 80 (A,W) 350 28,000 7.92E+06 ID 0.49 (M*) 14 Chloromethane 74-87-3 1U 1U 1U 1U 1U 1U 260 ID 8,600 6.34E+06 36,000 15 380 cis-1,2-Dichloroethene 156-59-2 1U 1U 1U 1U 1U 1U 70 (A) 620 93,000 3.50E+06 5.30E+05 3.4 95 Dibromochloromethane 124-48-1 1U 1U 1U 1U 1U 1U 80 (A,W) ID 14,000 2.60E+06 ID 0.78 (M*,MM) 23 (MM) Dibromomethane 74-95-3 1U 1U 1U 1U 1U 1U 80 NA ID 1.10E+07 ID 8.8 260 Dichlorodifluoromethane 75-71-8 1U 1U 1U 1U 1U 1U 1,700 ID 2.20E+05 3.00E+05 ID 13 49 Diethyl Ether 60-29-7 1U 1U 1U 1U 1U 1U 10/3,700 (E) ID 6.10E+07 (S) 6.10E+07 6.50E+05 1,200 36,000 Ethylbenzene 100-41-4 1U 1U 1U 1U 1U 1U 74/700 (E) 18 1.10E+05 1.69E+05 43,000 2.8 74 Hexachloroethane 67-72-1 1U 1U 1U 1U 1U 1U 7.3 6.7 (X) 27,000 50,000 ID 1.5 (M*) 43 Z:\2020\201515\WORK\Rept\Phase II ESA_October 2022\TBL02_DataSummary-GW_2022_10.xlsx 402 11/22/2022 Fishbeck | 2 of 3 Table 2 - Groundwater Data Summary Leestma Management, LLC, 1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan October 2022 Monitoring Location: APNTW-01 APNTW-02 APNTW-03 APNTW-04 APNTW-05 Trip Blank Residential Flammability Residential GW- Residential GW- Depth Interval (ft): (6.5-11.5) (6-11) (7-12) (9.5-14.5) (7.5-12.5) Residential GSI Water (1) (1) Groundwater (1) and Explosivity Shallow Not in Contact VIAP Laboratory ID: 22102086-01 22102086-02 22102086-03 22102086-04 22102086-05 22102086-06 DWC Criteria (1) Solubility (1) (2) (2) Collection Date: VIAIC SL VIAP SL SL 10/21/22 10/21/22 10/21/22 10/21/22 10/21/22 10/21/22 Iodomethane 74-88-4 5U 5U 5U 5U 5U 5U -- -- -- -- -- -- -- Isopropylbenzene (Cumene) 98-82-8 1U 1U 1U 1U 1U 1U 800 28 56,000 (S) 56,000 29,000 0.60 (M*) 15 Methyl tert-Butyl Ether (MTBE) 1634-04-4 1U 1U 1U 1U 1U 1U 40/240 (E) 7,100 (X) 4.70E+07 (S) 4.68E+07 ID 250 7,400 Methylene Chloride 75-09-2 5U 5U 5U 5U 5U 5U 5.0 (A) 1,500 (X) 2.20E+05 1.70E+07 ID 79 (FF*) 8,400 n-Propylbenzene 103-65-1 1U 1U 1U 1U 1U 1U 80 ID ID NA ID 43 (DD) 6,100 (DD) Naphthalene 91-20-3 25 U 57 22 12 5U 5U 520 11 31,000 (S) 31,000 NA 4.2 (M*) 130 Styrene 100-42-5 1U 1U 1U 1U 1U 1U 100 (A) 80 (X) 1.70E+05 3.10E+05 1.40E+05 33 960 Tetrachloroethene (PCE) 127-18-4 1U 1U 1U 1U 1U 1U 5.0 (A) 60 (X) 25,000 2.00E+05 ID 1.5 (FF*) 130 (EE*) Toluene 108-88-3 1U 1U 2.0 1U 1U 1U 790/1,000 (E) 270 5.30E+05 (S) 5.26E+05 61,000 300 (FF*) 41,000 trans-1,2-Dichloroethene 156-60-5 1U 1U 1U 1U 1U 1U 100 (A) 1,500 (X) 85,000 6.30E+06 2.30E+05 16 390 trans-1,4-Dichloro-2-butene 110-57-6 2U 2U 2U 2U 2U 2U -- -- -- -- -- -- -- Trichloroethene (TCE) 79-01-6 1U 1U 1U 1U 1U 1U 5.0 (A) 200 (X) 2,200 1.10E+06 ID 0.073 (M*,DD) 10 (DD) Trichlorofluoromethane 75-69-4 1U 1U 1U 1U 1U 1U 2,600 NA 1.10E+06 (S) 1.10E+06 ID 22 190 Vinyl Acetate 108-05-4 5U 5U 5U 5U 5U 5U 640 NA 4.10E+06 2.00E+07 1.80E+06 690 21,000 Vinyl Chloride 75-01-4 1U 1U 1U 1U 1U 1U 2.0 (A) 13 (X) 1,100 2.76E+06 33,000 0.12 (M*,MM) 2.1 (MM) Xylenes, meta- & para- 179601-23-1 2.4 2U 2U 2U 2U 2U -- -- -- -- -- -- -- Xylene, ortho- 95-47-6 1U 1U 1.0 1U 1U 1U -- -- -- -- -- -- -- Xylenes, Total 1330-20-7 2.4 J 3U 1.0 J 3U 3U 3U 280/10,000 (E) 49 1.90E+05 (S) 1.86E+05 70,000 75 (J) 2,000 (J) Polynuclear Aromatic Compounds CAS Number 2-Methylnaphthalene 91-57-6 5U 5U 120 U 3.9 J 5U -- 260 19 25,000 (S) 24,600 ID 66 2,000 Acenaphthene 83-32-9 1U 0.074 J 24 U 0.37 J 1U -- 1,300 38 4,200 (S) 4,240 ID 3,900 (S) 3,900 (S) Acenaphthylene 208-96-8 1U 1U 24 U 0.10 J 1U -- 52 ID 3,900 (S) 3,930 ID 65 65 (CC*) Anthracene 120-12-7 1U 0.087 J 24 U 0.045 J 1U -- 43 (S) ID 43 (S) 43.4 ID 43 (S) 43 (S) Benzo(a)anthracene 56-55-3 1U 0.36 J 24 U 0.14 J 1U -- 2.1 ID NLV 9.4 ID 9.4 (S,MM) 9.4 (S,MM) Benzo(a)pyrene 50-32-8 1U 0.43 J 24 U 0.18 J 1U -- 5.0 (A) ID NLV 1.62 ID NA NA Benzo(b)fluoranthene 205-99-2 1U 0.65 J 24 U 0.31 J 1U -- 1.5 (S,AA) ID ID 1.5 ID NA NA Benzo(g,h,i)perylene 191-24-2 1U 0.31 J 24 U 0.13 J 1U -- 1.0 (M); 0.26 (S) ID NLV 0.26 ID NA NA Benzo(k)fluoranthene 207-08-9 1U 0.28 J 24 U 1U 1U -- 1.0 (M); 0.80 (S) NA NLV 0.80 ID NA NA Chrysene 218-01-9 1U 0.54 J 24 U 0.27 J 1U -- 1.6 (S) ID ID 1.6 ID NA NA Dibenzo(a,h)anthracene 53-70-3 2U 2U 48 U 2U 2U -- 2.0 (M); 0.21 ID NLV 2.49 ID NA NA Fluoranthene 206-44-0 1U 0.79 J 24 U 0.26 J 1U -- 210 (S) 1.6 210 (S) 206 ID NA NA Fluorene 86-73-7 1U 1U 24 U 0.65 J 1U -- 880 12 2,000 (S) 1,980 ID 1,700 (S) 1,700 (S) Indeno(1,2,3-cd)pyrene 193-39-5 2U 0.32 J 48 U 2U 2U -- 2.0 (M); 0.022 (S) ID NLV 0.022 ID NA NA Naphthalene 91-20-3 1U 1U 24 U 2.5 1U -- 520 11 31,000 (S) 31,000 NA 4.2 (M*) 130 Phenanthrene 85-01-8 1U 0.21 J 24 U 0.76 J 1U -- 52 2.0 (M); 1.7 1,000 (S) 1,000 ID 9.5 290 Pyrene 129-00-0 1U 0.89 J 24 U 0.39 J 1U -- 140 (S) ID 140 (S) 135 ID 140 (S) 140 (S) Metals, Total CAS Number Arsenic 7440-38-2 1.0 J 8.2 J 28 J 8.6 J 6.1 -- 10 (A) 10 NLV NA ID NA NA Barium (B) 7440-39-3 37 210 250 180 70 -- 2,000 (A) 674 (G) NLV NA ID NA NA Cadmium (B) 7440-43-9 1U 2.4 J 10 U 2.5 J 1U -- 5.0 (A) 3.0 (G,X) NLV NA ID NA NA Chromium, Total (B,H) 7440-47-3 2.7 J 47 J 93 22 J 2.2 J -- 100 (A) 11 NLV NA ID NA NA Copper (B) 7440-50-8 1.6 J 71 140 60 1.3 J -- 1,000/1,400 (E) 13 (G) NLV NA ID NA NA Lead (B) 7439-92-1 0.58 J 200 150 88 0.54 J -- 4.0 (L) 34 (G,X) NLV NA ID NA NA Mercury (Total) (B) 7439-97-6 0.2 U 0.2 U 0.2 U 0.31 0.2 U -- 2.0 (A) 0.0013 56 (S) 56 ID 0.088 2.5 Selenium (B) 7782-49-2 5U 50 U 5.5 J 50 U 0.54 J -- 50 (A) 5.0 NLV NA ID NA NA Silver (B) 7440-22-4 0.84 U 8.4 U 6.3 J 8.4 U 0.84 U -- 34 0.20 (M); 0.060 NLV NA ID NA NA Zinc (B) 7440-66-6 3.9 J 96 J 280 660 12 J -- 2,400 167 (G) NLV NA ID NA NA Z:\2020\201515\WORK\Rept\Phase II ESA_October 2022\TBL02_DataSummary-GW_2022_10.xlsx 403 11/22/2022 Fishbeck | 3 of 3 Table 2 - Groundwater Data Summary Leestma Management, LLC, 1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan October 2022 Monitoring Location: APNTW-01 APNTW-02 APNTW-03 APNTW-04 APNTW-05 Trip Blank Residential Flammability Residential GW- Residential GW- Depth Interval (ft): (6.5-11.5) (6-11) (7-12) (9.5-14.5) (7.5-12.5) Residential GSI Water (1) (1) Groundwater (1) and Explosivity Shallow Not in Contact VIAP Laboratory ID: 22102086-01 22102086-02 22102086-03 22102086-04 22102086-05 22102086-06 DWC Criteria (1) Solubility (1) (2) (2) Collection Date: VIAIC SL VIAP SL SL 10/21/22 10/21/22 10/21/22 10/21/22 10/21/22 10/21/22 Field Parameters CAS Number Dissolved Oxygen (DO) (mg/L) -- 1.7 0.1 0.1 U 0.1 0.3 -- ID (EE) ID NA NA -- -- Eh (mV) -- 260 76 71 120 100 -- -- -- -- -- -- -- -- pH (SU) -- 6.9 7.6 9.6 7.4 6.9 -- 6.5 to 8.5 (E) 6.5 to 9.0 ID NA NA -- -- Specific Conductance (µmhos/cm) -- 560 570 510 420 610 -- -- -- -- -- -- -- -- Temperature (°C) -- 18.5 18.7 16.0 15.7 16.1 -- -- -- -- -- -- -- -- Turbidity (NTU) -- 15 86 82 120 6.0 -- -- -- -- -- -- -- -- Results expressed in µg/L. Bolded values exceed an applicable criterion and/or screening level. Underlined compounds classified as polynuclear aromatic compounds. Data Qualifiers: J Estimated value U Not detected above the given limit Footnotes/Abbreviations: (1) Part 201 Groundwater Generic Cleanup Criteria and Screening Levels, December 21, 2020. (2) EGLE Volatilization to Indoor Air Pathway Screening Levels, September 4, 2020. (A) Criterion is the state of Michigan drinking water (DW) standard. (B) Background, as defined in R 299.5701(b), may be substituted if higher than the calculated criterion. (E) Aesthetic drinking water (DW) value. Notice of aesthetic impact may be employed as an institutional control if concentration exceeds the aesthetic DWC but not the health-based DW value (second value, if provided). (G) Criterion dependent on receiving surface water (SW) hardness; calculated criteria based on water hardness of 150 mg/L. (H) Data provided for total Chromium only; compare to hexavalent Chromium criteria. If both trivalent Chromium and hexavalent Chromium are present, the total concentration of both cannot exceed the DW criterion of 100 µg/L. (J) Substance may be present in several isomer forms. Isomer-specific concentrations shall be added together for comparison to criteria. (JT) Substance present in several isomer forms. The VIAP SL may be used for the individual isomer provided that it is sole isomer detected; however, when multiple isomers are detected in a medium, the isomer-specific concentrations must be added together and compared to the most restrictive VIAP SL of the detected isomers. (L) Concentrations up to the State action level of 15 µg/L may still allow for DW use if soil concentrations are below 400 mg/Kg. (M) Calculated criterion is below the analytical target detection limit (TDL), therefore, the criterion defaults to the TDL (first value is criterion, second value is the risk based or solubility value). (M*) The VIAP SL may be below target detection limits (TDL). In accordance with Sec. 20120a(10) when the TDL for a hazardous substance is greater than the developed VIAP SL, the TDL is used to evaluate the risk posed from the pathway. (S) Criterion defaults to the hazardous substance-specific water solubility limit. (W) Concentrations of trihalomethanes shall be added together to determine compliance with the Michigan DW standard of 80 µg/L. (X) Criterion is not protective for SW used as a DW source. (CC*) Insufficient chemical-physical input parameters have been identified to allow the development of a VIAP SL using standard equations. The VIAP SL for GW is developed based solely on the approach that the department uses for shallow GW. If GW detections are present, soil vapor may be the most appropriate media to evaluate risk. (DD) Hazardous substance causes developmental effects. Residential VIAP SLs are protective of both prenatal exposure using a pregnant female receptor and postnatal exposure using a child receptor. Nonresidential VIAP screening levels are protective of prenatal exposure using a pregnant female receptor. Prenatal developmental effects may occur after an acute (i.e. short- term) or full-term exposure. (EE) Cold receiving waters >7,000 µg/L; Warm receiving waters >5,000 µg/L; Since a low level of DO can be harmful to aquatic life, the criterion represents a minimum level that on-site samples must exceed. Criteria are not applicable if GW Carbonaceous Biochemical Oxygen Demand (CBOD) is less than 10,000 µg/L and GW ammonia concentration is less than 2,000 µg/L. (EE*) The acceptable air concentration (AAC) for the volatile hazardous substance is not derived using standard equations. The hazardous substance may cause adverse human health effects for less than chronic exposures (i.e. short-term or acute). The AAC for this hazardous substance is the acute or intermediate minimum risk level (MRL) developed by the Agency for Toxic Substances and Disease Registry (ATSDR), a USEPA Integrated Risk Information System (IRIS) acute reference concentration, or an acute initial threshold screening level (ITSL) by the EGLE’s Air Quality Division. (FF*) The AAC for the volatile hazardous substances are based on toxicity values that have been identified to have the potential to cause adverse human health effects for less than chronic exposures (i.e. short-term or acute). The short-term exposure for shallow groundwater VIAP SLs are based on modification of the standard equations by the department to develop applicable shallow groundwater VIAP SLs. (MM) Hazardous substance is a carcinogen with a mutagenic mode of action. The cancer potency values used in calculating VIAP SLs are modified using age-dependent adjustment factors for those carcinogenic chemicals identified as mutagenic. DWC drinking water criterion GSI groundwater surface water interface ID Insufficient data to develop criterion. NA not available NLV Not likely to volatilize under most conditions. SL screening level VIAIC volatilization to indoor air inhalation criteria VIAP volatilization to indoor air pathway Z:\2020\201515\WORK\Rept\Phase II ESA_October 2022\TBL02_DataSummary-GW_2022_10.xlsx 404 11/22/2022 Attachment D Reimbursement Agreement 405 RESOLUTI ON APPROVING BROWNFI ELD PLAN AMENDMENT, 1ST AMENDME NT, Adelaide Pointe QOZB, LLC (1148-1204 West Western) Adelaide Pointe Project, 1st Amendment County of Muskegon, Michigan 2023-January 10 Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of Muskego n, Michigan (the "City"), held in the City Commis sion Chambers on the 10th day of January, 2023 at 5:30 p.m., prevailing Eastern Time. PRESE NT: ABSENT: The following preamble and resolut ion were offered by __________ ____ and support ed by ________ ______. WHEREA S, in accordanc e with the provis ions of Act 381, Public Acts of Michigan, 1996, as amended ("Act 381"), the City of Muskegon Brownfield Redevelo pment Authority (the "Authority" ) has prepared and approv ed a Brownfield Plan Amendment, 1st Amendment and WHEREA S, the Authority has forwarded the Brownfield Plan Amendment, 1st Amendment, to the City Commission request ing its approv al of the Brownfield Plan Amendment, 1st Amendment; and NOW, THE RE FO RE, BE IT RESOLV E D THA T: 1. That the Brownfield Plan constitut es a public purpos e under Act 381. 2. That the Brownfield Plan meets all the requirements of Section 13(1) of Act 381. 3. That the propos ed 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 propos ed in the Brownfield Plan are reasonable and necess ary to carry out the purpos es of Act 381. 406 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: ABSENT: RESOLUTION DECLARED APPROVED. _____________________________________ Ann Marie Meisch, City Clerk _____________________________________ Kenneth D. Johnson, Mayor 407 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 January 10, 2023 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 408 409 410 411 412 413 414
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