View the PDF version Google Docs PDF Viewer
City of Muskegon City Commission Meeting Agenda January 24, 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 Resolution Honoring Connie Navarro 1 5.b Mental Health Crisis Team- Introduction/Presentation 3 6. Public Comment on Agenda Items 7. Consent Agenda 7.a Approval of Minutes - City Clerk 4 7.b Community Relations Commission Recommendations - City Clerk 7 7.c Signing Purchase Agreements - City Manager 9 7.d Sale of 1330 Pine Street - City Manager 11 7.e Sale of 1334 Pine Street - City Manager 19 7.f Sale of 373 Catawba Avenue - City Manager 26 7.g Special Events - DPW 33 7.h 2023 User Fee Update - Finance 39 7.i Deficit Elimination Plan - Marina - Finance 51 7.j Deficit Elimination Plan- Brownfield Redevelopment Authority (combined) - 56 Finance 7.k Sale of 548 E. Dale - Community and Neighborhood Services 60 8. Public Hearings 9. Unfinished Business 10. New Business 10.a Housing Board of Appeals, Demolition - 835 W. Forest, 1043 Washington, and 62 1642 Dyson - Public Safety 10.b First Amendment to Parkland Marina, LLC Development Agreement - City 76 Manager 11. Any Other Business 12. Public Comment on Non-Agenda items 13. Closed Session 14. Adjournment RESOLUTION DESIGNATION OF CITY STREET IN HONOR OF ERENIA “CONNIE” NAVARRO WHEREAS, the City of Muskegon wishes to recognize and honor the late Erenia “Connie” Navarro; and WHEREAS, Connie Navarro was a community leader, a Latino champion, civil rights giant, small business owner, social agency worker, a volunteer, a wife, a mother and friend of countless Muskegon citizens; and WHEREAS, Connie Navarro was born in Round Rock, Texas and moved to Muskegon during World War II as a migrant worker, settling in the Muskegon project called “La Colonia” and marrying the love of her life, husband Angel Luis Navarro in 1964, having three children; and WHEREAS, a graduate of Muskegon High School, Connie Navarro was instrumental in the family business Navarro’s Mexican Takeout in Muskegon Heights, which continues today by the family after more than 40 years; and WHEREAS, Connie Navarro worked for the Muskegon County Department of Social Services and other local agencies helping Mexican Americans with basic human services and providing bilingual assistance in health care and educational institutions, leaving a legacy of bridging the Latino and Anglo communities; and WHEREAS, Connie Navarro served her community through Our Lady of Grace Catholic Church and the non-profit Latinos Working for the Future, which she co-founded with her husband; and WHEREAS, Connie Navarro in her final years co-authored an historical book “A New Home in Michigan: The Mexican-American Experience in Muskegon;” and WHEREAS, over her life Connie Navarro received prestigious awards for her community leadership and service from Muskegon Community College, the Muskegon Rotary Club, Black Women’s Political Caucus, the Muskegon Women’s Club, Michigan State University and Grand Valley State University among other institutions; and WHEREAS, Connie Navarro was a trailblazer who touched thousands of lives by fighting for justice, inclusion and diversity, and for making sure all voices were heard and everyone’s experience was valued; and NOW THEREFORE BE IT RESOLVED that the Muskegon City Commission honors and recognizes Connie Navarro by designating Walton Avenue from Terrace to Pine Streets as Connie Navarro Way. Adopted this 24 day of January 2023. ______________________________ Kenneth D. Johnson Mayor, City of Muskegon Packet Page 1 RESOLUCIÓN DESIGNACIÓN DE CALLE DE LA CIUDAD EN HONOR A ERENIA “CONNIE” NAVARRO POR CUANTO, la Ciudad de Muskegon desea reconocer y honrar a la fallecida Erenia “Connie” Navarro; y POR CUANTO, Connie Navarro fue una líder comunitaria, campeona latina, gigante de los derechos civiles, propietaria de una pequeña empresa, trabajadora de una agencia social, voluntaria, esposa, madre y amiga de innumerables ciudadanos de Muskegon; y POR CUANTO, Connie Navarro nació en Round Rock, Texas y se mudó a Muskegon durante la Segunda Guerra Mundial como trabajadora migrante, instalándose en el proyecto de Muskegon llamado “La Colonia” y casándose con el amor de su vida, su esposo Ángel Luis Navarro en 1964, teniendo tres niños; y CONSIDERANDO QUE Connie Navarro, una graduada de Muskegon High School, jugó un papel decisivo en el negocio familiar Navarro's Mexican Takeout en Muskegon Heights, que continúa hoy en la familia después de más de 40 años; y POR CUANTO, Connie Navarro trabajó para el Departamento de Servicios Sociales del Condado de Muskegon y otras agencias locales ayudando a los mexicoamericanos con servicios humanos básicos y brindando asistencia bilingüe en instituciones educativas y de atención médica, dejando un legado de unir a las comunidades latina y anglo; y POR CUANTO, Connie Navarro sirvió a su comunidad a través de la Iglesia Católica Our Lady of Grace y la organización sin fines de lucro Latinos Working for the Future, que ella cofundó con su esposo; y POR CUANTO, Connie Navarro en sus últimos años fue coautora de un libro histórico "Un nuevo hogar en Michigan: la experiencia mexicano-estadounidense en Muskegon"; y POR CUANTO, a lo largo de su vida, Connie Navarro recibió prestigiosos premios por su liderazgo comunitario y servicio de Muskegon Community College, Muskegon Rotary Club, Black Women's Political Caucus, Muskegon Women's Club, Michigan State University y Grand Valley State University, entre otras instituciones; y POR CUANTO, Connie Navarro fue una pionera que tocó miles de vidas al luchar por la justicia, la inclusión y la diversidad, y por asegurarse de que se escucharan todas las voces y se valorara la experiencia de todos; y AHORA POR LO TANTO SE RESUELVE que la Comisión de la Ciudad de Muskegon honre y reconozca a Connie Navarro al designar Walton Avenue desde Terrace hasta Pine Street como Connie Navarro Way. Testimoniado este día 24 de enero de 2023. ______________________________ Kenneth D. Johnson Alcalde, Ciudad de Muskegon Packet Page 2 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 24, 2023 Title: Mental Health Crisis Team Submitted By: Director Timothy E Kozal Department: Public Safety Brief Summary: Introduction and short presentation by Heather Wiegand-HealthWest Supervisor and Michelle Pouch-HealthWest (Who will be our Master Clinician Social Worker) working with Officer Andrew McKee Detailed Summary & Background: Presentation Include information that will be useful to commissioners in deciding how to vote. If the item has been discussed at a previous commission meeting, include that information as well. Goal/Focus Area/Action Item Addressed: Refer to the 2022-2027 Long Term Goals document. Amount Requested: Amount Budgeted: Contact Finance if your item does not fit into the current budget. Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: 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 X Other Division Heads Communication No Legal Review For City Clerk Use Only: Commission Action: Packet Page 3 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 24, 2023 Title: Approval of Minutes Submitted By: Ann Marie Meisch, MMC Department: City Clerk Brief Summary: To approve the minutes of the December 28, 2022 Special 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: Packet Page 4 CITY OF MUSKEGON SPECIAL CITY COMMISSION MEETING Wednesday, December 28, 2022 4:00 pm City Commission Chambers MINUTES Present: Commissioners St. Clair, Emory, Johnson, and Gorman. Absent: Commissioners Hood, German, and Ramsey. Muskegon Heights Water Operator – Temp Agreement Muskegon Heights will be without a water plant superintendent for about six months. This agreement outlines the details of Muskegon providing an operator to Muskegon Heights. This agreement is built on a previous agreement the two Cities used in 2008. Muskegon agrees to provide an F1 water plant operator for a minimum of one hour per day with the primary responsibility of completing MDEGLE reports. The agreement also notes that if Muskegon Heights requests, the City of Muskegon will provide an S1 (water distribution) license holder for the same purpose. The hourly rate Muskegon is charging Muskegon Heights is $120 per hour for supervisory staff (F1/S1 operators). (Sec. 16, p. 6). Updates from the 2008 agreement outlines responsibilities of Muskegon Heights more specifically related to MDEGLE and it makes notes of current conditions as outlined by MDEGLE at the Muskegon Heights Water Plan. (Sec. 4 p. 3) Another change from the past, either party can terminate the agreement with 14 days’ notice (Sec. 15. P. 6). This is a revenue neutral agreement. Motion by Commissioner St. Clair, seconded by Commissioner Gorman to approve the short-term water operator agreement between the City of Muskegon and the City of Muskegon Heights to provide necessary services in compliance with the Michigan Safe Drinking Water Act. ROLL CALL VOTE: Ayes: Commissioners Gorman, Emory, St. Clair, and Johnson. Nays: None. MOTION PASSES. Packet Page 5 Amendment to Sale of 1527 Hoyt Street The mortgage company has requested an amendment to the November 7, 2022 purchase agreement to reflect the authorization of LeighAnn Mikesell to sign the purchase agreement. Motion by Commissioner Gorman, seconded by Commissioner Emory to amend the November 7, 2022 motion to approve the purchase agreement for 1527 Hoyt Street and authorize LeighAnn Mikesell to sign the purchase agreement. ROLL CALL VOTE: Ayes: Commissioners Gorman, Emory, St. Clair, and Johnson. Nays: None. MOTION PASSES. Adjourn. Moved by Commissioner Emory, seconded by Commissioner St. Clair to adjourn the meeting at 4:09 pm Respectfully Submitted, Ann Marie Meisch, MMC – City Clerk Packet Page 6 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 24, 2023 Title: Community Relations Committee Recommendations Submitted By: Ann Marie Meisch Department: Clerk Brief Summary: To concur with the CRC recommendations to remove member from the Farmers Market Advisory Board and make the appointments detailed below. Detailed Summary: The CRC recommends: - Removing Woody Van Blargan – Seasonal Food Vendor – Term Expiring 1/31/2024 from the Farmers Market Advisory Board. - Making the following appointments: o Board of Review - Reappoint Pamela Smith; Appoint Clinton Todd & Don Hammond (Citizens) o Citizen’s Police Review Board – Reappoint William Muhammad & Rozelia Patino (Members of a Minority-Based Organization), Robert Roundtree (Citizen At-Large), Ron Hayward & Ann Craig (Neighborhood Association Representatives); Appoint Eric Hood (Law Enforcement Professional) o Civil Service Commission – Reappoint Johnny Brown (Citizen) o Construction Code Board of Appeals – Reappoint Lane Bensten (Electrical), Joshua Ohst (Public Health) and Wade VandenBosch (Construction Manager) o Downtown Development Authority – Reappoint Jay Wallace (Member with interest in the property in the district), Brad Hastings & Martha Bottomley (Citizens) & Doug Pollock (Resident of the district); Appoint Kiel Reid & Bob Tarrant (Members with interest in the property in the district) o Election Commission – Reappoint Casey Allard (Citizen) o Equal Opportunity Committee – Reappoint Jared Gazarek (Citizen representing Ward 2) o Farmers Market Advisory Board – Reappoint Jon Visser (Seasonal Farmer), Kathi Upman (Seasonal Crafter/Artisan), & Cindy Larsen (Citizen) Packet Page 7 o Historic District Commission – Reappoint Kimi George (Person with occupational or financial interest in one or more of the historical districts) & David Gregersen (Citizen) o Housing Code Board of Appeals – Reappoint Kim Burr (Citizen); Appoint Steven Frantz (Citizen) o Housing Commission – Reappoint Ken Grant (Citizen) o Income Tax Board of Review – Appoint Bethanny Cody (Resident) o Lakeside Business Improvement District – Reappoint Louise Hopson & Kathy Fearnley (Assessed property owners or their representatives) o Local Officer’s Compensation Commission – Reappoint Marty Ferriby (Citizen) o Planning Commission – Reappoint Bryon Mazade, Larry Spataro & Jill Montgomery- Keast (Citizens) o Zoning Board of Appeals – Reappoint Virginia Taylor, Jill Montgomery-Keast, & Jonathan Witmer (Residents); Appoint Mike Gallavin (Resident) o 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 concur with the recommendation of the CRC to make the above removal and appointments. For City Clerk Use Only: Commission Action: Packet Page 8 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 24, 2023 Title: Signing Purchase Agreements Submitted By: LeighAnn Mikesell Department: City Manager Brief Summary: Staff is requesting approval of a resolution which specifies who can sign purchase agreements on behalf of the city. Detailed Summary & Background: The resolution names Jonathan Seyferth and LeighAnn Mikesell as city employees who are authorized to sign purchase agreements on behalf of the city. Goal/Focus Area/Action Item Addressed: Goal 2: 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. Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: to approve the resolution authorizing specific city staff to sign purchase agreements on behalf of the city. 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: Packet Page 9 Resolution ________________ RESOLUTION AUTHORIZING JONATHAN SEYFERTH AND LEIGHANN MIKESELL TO SIGN ALL PURCHASE AGREEMENTS FOR PROPERTY TRANSACTIONS ON BEHALF OF THE CITY OF MUSKEGON. Adopted this 24th Day of January, 2023 By: _________________________________ Ken Johnson, Mayor Attest: ______________________________ Ann Meisch, City Clerk Certification This resolution was adopted at a meeting of the City Commission, held on January 24, 2023. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By: _________________________________ Ann Meisch, City Clerk Packet Page 10 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 24, 2023 Title: Sale of 1330 Pine Street Submitted By: LeighAnn Mikesell Department: City Manager Brief Summary: Staff is requesting approval of a purchase agreement for 1330 Pine Street. Detailed Summary & Background: 1330 Pine Street was constructed through the agreement with Dave Dusendang to construct infill housing with ARPA funding. Once seller concessions are included, the offer is for the full listing price. 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 1330 Pine Street. 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: Packet Page 11 dotloop signature verification: dtlp.us/SSSr-8az7-LSOV dtlp.us/FpdZ-eri0-fFic dtlp.us/rr8Q-1esv-FvYA ARP Infill Income Verifica ion T C M A R P I H P .P . Amy john A N : A :120 National ave Nw Grand Rapids mi 49504 P N : 6162721685 E A : Amy.hendrick12@gmail.com P : Name Rela ionship o Applican Da e of Bir h Amy john S 07/18/1994 Michael John Spouse 01/12/1970 Please incl de he follo ing doc men a ion i h o r applica ion: S For All Ho sehold Members 18+ Pro ide: L 2 L 2 / / / D L ID B . C M . Amy John dotloop verified 01/06/23 10:04 PM EST A S : EHPX-XMTO-15LQ-AJAT D : 01/06/2023 P :C N S 933 T S ,M , MI 49440 . Packet Page 12 - . P : (231) 724-6717 F : (231) 726-2501 E : CNSM @ . dotloop signature verification: dtlp.us/SSSr-8az7-LSOV dtlp.us/aj7p-7h2D-Ovii dtlp.us/rr8Q-1esv-FvYA WEST MICHIGAN REGIONAL PURCHASE AGREEMENT # 01/06/2023 71022050699 DATE: , (time) MLS # SELLING OFFICE: Keller Williams BROKER LIC.#: REALTOR® PHONE: 6164276451 LISTING OFFICE: West Urban Realty REALTOR® PHONE: 616-366-2459 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 Jake Martin Primary Selling Agent Name: Email: jake@thelarrymartinteam.com Lic.#: 6501403714 Alternate Selling Agent Name: larry martin Email: larrymartin.com@gmail.com Lic.#: 3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.) Buyer has received the Seller’s Disclosure Statement, dated . Seller certifies to Buyer that the Property is currently in the same condition as Seller previously disclosed in that statement. Seller agrees to inform Buyer in writing of any changes in the content of the disclosure statement. Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by registered mail. Exceptions: Seller is exempt from the requirements of the Seller Disclosure Act. 4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached and will be an integral part of this Agreement. 5. Property Description: Buyer offers to buy the property located in the City Village Township of Muskegon , County of Muskegon , Michigan, commonly known as (insert mailing address: street/city/state/zip code) CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 4 & SE 1/2 LOT 3 BLK 264 EXC ELY 12 FT FOR ALLEY with the following legal description and tax parcel ID numbers: 1330 Pine St, Muskegon, MI 49442 243129182014 PP# . The following paragraph applies only if the Premises include unplatted land: Seller agrees to grant Buyer at closing the right to make (insert number) division(s) under Section 108(2), (3), and (4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or before , of the proposed division to create the Premises. 6. Purchase Price: Buyer offers to buy the Property for the sum of $ 175,000 One hundred seventy five thousand U.S. Dollars 7. Seller Concessions, if any: seller to pay $6,100 in buyers closing costs 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 6 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 Packetcondition Pageof13financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from ©Copyright, West Michigan REALTOR® Associations Page 1 of 6 Rev. Date 8/2022 AJ 01/06/23 Buyer’s Initials LM Seller’s Initials 9:55 PM EST 01/09/23 dotloop signature verification: dtlp.us/SSSr-8az7-LSOV dtlp.us/aj7p-7h2D-Ovii dtlp.us/rr8Q-1esv-FvYA 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 but does not include: 1330 Pine St, Muskegon, MI 49442 01/06/2023 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 8/2022 AJ 01/06/23 Buyer’s Initials LM Seller’s Initials Packet Page 14 9:55 PM EST dotloop verified 01/09/23 9:15 AM EST dotloop verified dotloop signature verification: dtlp.us/SSSr-8az7-LSOV dtlp.us/aj7p-7h2D-Ovii dtlp.us/rr8Q-1esv-FvYA 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: 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. \ kdjf lskdjf sdlfjsd lfkjsd flkjsdf lksdjf ldksjf sldkj fjksf dkljsf fslkdsjf lsdkjf sdlfkj sdlfkjsd flkjsd flksjd flsdkjf lsdkjf 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 ____ 10 days after the Effective Date. If the results of Buyer’s inspections and investigations are not acceptable to Buyer, Buyer may, within the above referenced period, by written notice to Seller, either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be 1330 Pine St, Muskegon, MI 49442 01/06/2023 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 8/2022 AJ 01/06/23 Buyer’s Initials LM Seller’s Initials Packet Page 15 9:55 PM EST dotloop verified 01/09/23 9:15 AM EST dotloop verified dotloop signature verification: dtlp.us/SSSr-8az7-LSOV dtlp.us/aj7p-7h2D-Ovii dtlp.us/rr8Q-1esv-FvYA 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 02/03/2023 . 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 1330 Pine St, Muskegon, MI 49442 01/06/2023 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 8/2022 AJ 01/06/23 Buyer’s Initials LM Seller’s Initials Packet Page 16 9:55 PM EST dotloop verified 01/09/23 9:15 AM EST dotloop verified dotloop signature verification: dtlp.us/SSSr-8az7-LSOV dtlp.us/aj7p-7h2D-Ovii dtlp.us/rr8Q-1esv-FvYA 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 $ 350 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 11am (time) on 01/07/2023 (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted by Seller, will constitute a binding Agreement between Buyer and Seller. An Earnest Money Deposit in the amount of $ 1,000 shall be submitted to chicago title (insert name of broker, title company, other) within 72 hours of the Effective Date of this Agreement, and shall be applied against the Purchase Price. If the Earnest Money Deposit is not received within 72 hours of the Effective Date or is returned for insufficient funds, Seller may terminate this Agreement until such time as the Earnest Money Deposit is received. If Seller terminates this Agreement under this provision, Seller waives any claim to the Earnest Money Deposit. If the sale is not closed due to a failure to satisfy a contingency for a reason other than the fault of Buyer, the Earnest Money Deposit shall be refunded to Buyer. If the sale is not closed as provided in this Agreement and Buyer and Seller do not agree to the disposition of the Earnest Money Deposit, then Buyer and Seller agree that the Broker holding the Earnest Money Deposit may notify Buyer and Seller, in writing, of Broker’s intended disposition of the Earnest Money Deposit. If Buyer and Seller do not object to such disposition in writing within fifteen (15) days after the date of Broker’s notice, they will be deemed to have agreed to Broker’s proposed disposition; if either Buyer or Seller object and no mutually agreeable disposition can be negotiated, Broker may deposit the funds by interpleader with a court of proper jurisdiction or await further actions by Buyer and Seller. In the event of litigation involving the deposit, in whole or in part, either the Seller or the Buyer that is not the prevailing party, as determined by the court, will reimburse the other for reasonable attorneys’ fees and expenses incurred in connection with the litigation, and will reimburse the Broker for any reasonable attorneys’ fees and expenses incurred in connection with any interpleader action instituted. If the entity holding the Earnest Money Deposit is not the Broker, then to the extent that the terms of any escrow agreement conflict with this paragraph, then the terms and conditions of the escrow agreement shall control. 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 1330 Pine St, Muskegon, MI 49442 01/06/2023 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 8/2022 AJ 01/06/23 9:55 PM EST Buyer’s Initials LM Seller’s Initials Packet Page 17 dotloop verified 01/09/23 9:15 AM EST dotloop verified dotloop signature verification: dtlp.us/SSSr-8az7-LSOV dtlp.us/aj7p-7h2D-Ovii dtlp.us/rr8Q-1esv-FvYA 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. Amy John dotloop verified Buyer 1 Address X 01/06/23 9:55 PM EST ZWJL-OYU2-ANIQ-NCDT Buyer Buyer 1 Phone: (Res.) (Bus.) Amy John 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: Sale Price to be $176,000 Seller master policy held at Transnation title. Seller to close at Transnation Title. AJ Paragraph 8- will provide a quit claim deed vs a warranty deed. 01/09/23 Builder one year warranty starts from day of Certificate of Occupancy. 1:11 PM EST dotloop verified Counteroffer, if any, expires 1/9/2023 , 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 na (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: 3265 Walker Ave, Suite D, GR, MI 49544 Listing Broker License # 6506015435 Listing Agent Name: Mariana Murillo VanDam Listing Agent License # 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 01/09/23 9:15 AM EST X (Seller’s Signature, Date, Time): 7UM5-69JC-5HVJ-KDBL 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. Amy John dotloop verified 01/09/23 1:11 PM EST X (Buyer’s Signature, Date, Time): IUZT-O0JC-ZYJT-65U5 X (Buyer’s Signature, Date, Time): 38. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer. LeighAnn Mikesell dotloop verified X (Seller’s Signature, Date, Time): 01/09/23 9:15 AM EST 8E6X-07Z0-QU6S-YADS X (Seller’s Signature, Date, Time): 1330 Pine St, Muskegon, MI 49442 01/06/2023 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 8/2022 AJ 01/06/23 Buyer’s Initials LM Seller’s Initials Packet Page 18 9:55 PM EST dotloop verified 01/09/23 9:15 AM EST dotloop verified Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 24, 2023 Title: Sale of 1334 Pine Street Submitted By: LeighAnn Mikesell Department: City Manager Brief Summary: Staff is requesting approval of a purchase agreement for 1334 Pine Street. Detailed Summary & Background: 1334 Pine Street was constructed through the agreement with Dave Dusendang to construct infill housing with ARPA funding. The offer is for the full listing price and is contingent on the sale of the buyer’s current home. The realtor will allow 14 days for the buyer to sell their current home, then continue to accept offers. 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 1334 Pine Street. 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: Packet Page 19 dotloop signature verification: dtlp.us/i5xA-pfQM-F4kw dtlp.us/SoBK-sHQe-vcJi WEST MICHIGAN REGIONAL PURCHASE AGREEMENT # 2 DATE: 01/16/2023 , (time) MLS # 71022050736 SELLING OFFICE: Five Star Real Estate BROKER LIC.#: 6505276328 REALTOR® PHONE: 231-233-5674 LISTING OFFICE: West Urban Realty REALTOR® PHONE: 1. Effective Date: This Agreement is effective on the date of Seller's acceptance of Buyer's offer or Buyer's acceptance of any counteroffer, as the case may be, and this date shall hereafter be referred to as the "Effective Date". Further, any reference to "days" in this Agreement refers to calendar days. The first calendar day begins at 12:01 a.m. on the day after the Effective Date. Any reference to "time" refers to local time. 2. Agency Disclosure: The Undersigned Buyer and Seller each acknowledge that they have read and signed the Disclosure Regarding Real Estate Agency Relationships. The selling licensee is acting as (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: Renee Malburg Email: reneemalburg@gmail.com Lic.#: 6506043816 Alternate Selling Agent Name: Email: Lic.#: 3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.) Buyer has received the Seller’s Disclosure Statement, dated . Seller certifies to Buyer that the Property is currently in the same condition as Seller previously disclosed in that statement. Seller agrees to inform Buyer in writing of any changes in the content of the disclosure statement. Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by registered mail. Exceptions: Seller is exempt from the requirements of the Seller Disclosure Act. 4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached and will be an integral part of this Agreement. 5. Property Description: Buyer offers to buy the property located in the City Village Township of Muskegon , County of Muskegon , Michigan, commonly known as (insert mailing address: street/city/state/zip code) 1334 Pine St, Muskegon, MI 49442 with the following legal description and tax parcel ID numbers: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 4 & SE 1/2 LOT 3 BLK 264 EXC ELY 12 FT FOR ALLEY PP# 24205264000400 . The following paragraph applies only if the Premises include unplatted land: Seller agrees to grant Buyer at closing the right to make (insert number) division(s) under Section 108(2), (3), and (4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or before , of the proposed division to create the Premises. 6. Purchase Price: Buyer offers to buy the Property for the sum of $ 169,900 one hundred sixty-nine thousand nine hundred U.S. Dollars 7. Seller Concessions, if any: None 8. Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.) SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below are currently available to Buyer in cash or an equally liquid equivalent. If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall receive a refund of Buyer’s Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price. CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual Agent verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information to Seller and/or Seller’s Agent. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement. NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to obtain a Conventional type 30 (year) mortgage in the amount of 80 % of the Purchase Price bearing interest at a rate not to exceed 6.25 % 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 2 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 Packetcondition Pageof20financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from ©Copyright, West Michigan REALTOR® Associations Page 1 of 6 Rev. Date 8/2022 EM 01/16/23 Buyer’s Initials LM Seller’s Initials 12:22 PM EST 01/18/23 dotloop signature verification: dtlp.us/i5xA-pfQM-F4kw dtlp.us/SoBK-sHQe-vcJi 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 448 Allen Ave. Muskegon, MI 49431 on or before 02/28/2023 . 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: Seller to allow Buyer 14 days to market and secure an offer on the home prior to accepting another offer and terminating this agreement. 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 and dishwasher but does not include: 1334 Pine St, Muskegon, MI 49442 01/16/2023 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations EM Buyer’s Initials Seller’s Initials Revision Date 8/2022 Packet Page 21 01/16/23 12:22 PM EST dotloop verified LM 01/18/23 11:21 AM EST dotloop verified dotloop signature verification: dtlp.us/i5xA-pfQM-F4kw dtlp.us/SoBK-sHQe-vcJi 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: 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 10 ____ days after the Effective Date. If the results of Buyer’s inspections and investigations are not acceptable to Buyer, Buyer may, within the above referenced period, by written notice to Seller, either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be 1334 Pine St, Muskegon, MI 49442 01/16/2023 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations EM Buyer’s Initials Seller’s Initials Revision Date 8/2022 01/16/23 LM Packet Page 22 12:22 PM EST dotloop verified 01/18/23 11:21 AM EST dotloop verified dotloop signature verification: dtlp.us/i5xA-pfQM-F4kw dtlp.us/SoBK-sHQe-vcJi 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 1334 Pine St, Muskegon, MI 49442 01/16/2023 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations EM Buyer’s Initials Seller’s Initials Revision Date 8/2022 01/16/23 12:22 PM EST LM Packet Page 23 dotloop verified 01/18/23 11:21 AM EST dotloop verified dotloop signature verification: dtlp.us/i5xA-pfQM-F4kw dtlp.us/SoBK-sHQe-vcJi 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 5:00 pm (time) on 01/17/2023 (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 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: 1) House to stay on the market, with status per Selling Agent MLS rules. 2) Seller uses Transnation Title. 3) Paragraph 8 - Seller will provide quit claim deed vs warranty deed. 4) Contingent on Seller approving ARP infill application and all documents requested. 5) Builder one year warranty starts from day of certificate of occupancy from City of Muskegon. 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 1334 Pine St, Muskegon, MI 49442 01/16/2023 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations EM Buyer’s Initials Seller’s Initials Revision Date 8/2022 01/16/23 12:22 PM EST LM Packet Page 24 dotloop verified 01/18/23 11:21 AM EST dotloop verified dotloop signature verification: dtlp.us/i5xA-pfQM-F4kw dtlp.us/SoBK-sHQe-vcJi 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 448 Allen Ave Muskegon, 49442 X Erin Malburg Buyer dotloop verified 01/16/23 12:22 PM EST WGX8-T9B8-FGMY-OJLD Buyer 1 Phone: (Res.) 231-299-9011 (Bus.) Erin Malburg 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: 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: Listing Broker License # Listing Agent Name: Mariana Murillo VanDam Listing Agent License # 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 01/18/23 11:21 AM EST X (Seller’s Signature, Date, Time): QGGE-YU74-PKRR-CG6M 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): 1334 Pine St, Muskegon, MI 49442 01/16/2023 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations EM Buyer’s Initials Seller’s Initials Revision Date 8/2022 Packet Page 25 01/16/23 12:22 PM EST dotloop verified LM 01/18/23 11:21 AM EST dotloop verified Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 24, 2023 Title: Sale of 373 Catawba Avenue Submitted By: LeighAnn Mikesell Department: City Manager Brief Summary: Staff is requesting approval of a purchase agreement for 373 Catawba Avenue. Detailed Summary & Background: 373 Catawba Avenue was constructed through the agreement with Dave Dusendang to construct infill housing with ARPA funding. The offer is for the full listing 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 373 Catawba Avenue. 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: Packet Page 26 dotloop signature verification: dtlp.us/g8Bf-3w9U-Ry1R WEST MICHIGAN REGIONAL PURCHASE AGREEMENT # SF373 DATE: 01/17/2023 , (time) MLS # 22046387 SELLING OFFICE: Five Star Real Estate Muskegon BROKER LIC.#: 6502135365 REALTOR® PHONE: 231-557-2591 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: Jane McGregor Email: soldbyjanemcg@gmail.com Lic.#: 6501318877 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: New Construction - No disclosure provided in the MLS 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) 373 Catawba Avenue, Muskegon, MI 49442 with the following legal description and tax parcel ID numbers: CITY OF MUSKEGON REVISED PLAT OF 1903 ELY 60 FT LOT 1 BLK 269 PP# 24-205-269-0001-10 . The following paragraph applies only if the Premises include unplatted land: Seller agrees to grant Buyer at closing the right to make (insert number) Not applicable 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 $ 172,900.00 one hundred seventy-two thousand nine hundred U.S. Dollars 7. Seller Concessions, if any: NONE 8. Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.) SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below are currently available to Buyer in cash or an equally liquid equivalent. If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall receive a refund of Buyer’s Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price. CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual Agent verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information to Seller and/or Seller’s Agent. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement. NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to obtain a Conventional type 30 (year) mortgage in the amount of 97 % of the Purchase Price bearing interest at a rate not to exceed 6.5 % 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 05 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 Packetcondition Pageof27financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from ©Copyright, West Michigan REALTOR® Associations Page 1 of 6 Rev. Date 8/2022 SF Buyer’s Initials LM Seller’s Initials 01/17/23 01/18/23 9:07 PM EST 3:01 PM EST dotloop signature verification: dtlp.us/g8Bf-3w9U-Ry1R 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: Microwave, Dishwasher, Central Air, bathroom mirrors but does not include: 373 Catawba Avenue, Muskegon, MI 49442 01/17/2023 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 8/2022 SF Buyer’s Initials LM Seller’s Initials 01/17/23 01/18/23 Packet Page 28 9:07 PM EST 3:01 PM EST dotloop verified dotloop verified dotloop signature verification: dtlp.us/g8Bf-3w9U-Ry1R 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: Natural Gas 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 water and City sewer 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 05 ____ 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 373 Catawba Avenue, Muskegon, MI 49442 01/17/2023 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 8/2022 SF Buyer’s Initials LM Seller’s Initials 01/17/23 01/18/23 Packet Page 29 9:07 PM EST 3:01 PM EST dotloop verified dotloop verified dotloop signature verification: dtlp.us/g8Bf-3w9U-Ry1R 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: Signs of recent survey to the property. Seller to provide recent survey sketch prior to close. 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: Declined 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 02/10/2023 . 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 373 Catawba Avenue, Muskegon, MI 49442 01/17/2023 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations SF Buyer’s Initials LM Seller’s Initials Revision Date 8/2022 01/17/23 01/18/23 9:07 PM EST 3:01 PM EST Packet Page 30 dotloop verified dotloop verified dotloop signature verification: dtlp.us/g8Bf-3w9U-Ry1R 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 $ 100.00 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: Property shown vacant and to remain vacant 24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 9:00pm (time) on 01/18/2023 (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted by Seller, will constitute a binding Agreement between Buyer and Seller. An Earnest Money Deposit in the amount of $ 1000.00 shall be submitted to 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 373 Catawba Avenue, Muskegon, MI 49442 01/17/2023 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations SF Buyer’s Initials LM Seller’s Initials Revision Date 8/2022 01/17/23 01/18/23 9:07 PM EST 3:01 PM EST Packet Page 31 dotloop verified dotloop verified dotloop signature verification: dtlp.us/g8Bf-3w9U-Ry1R 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 Summer Field Buyer dotloop verified 01/17/23 9:07 PM EST KVKC-J5FA-BK9J-8UOX Buyer 1 Phone: (Res.) (Bus.) Summer Field 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: 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 # 6506015435 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 01/18/23 3:01 PM EST 4UDV-N801-KRDA-ROAG 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): 373 Catawba Avenue, Muskegon, MI 49442 01/17/2023 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 8/2022 SF Buyer’s Initials LM Seller’s Initials 01/17/23 01/18/23 Packet Page 32 9:07 PM EST dotloop verified 3:01 PM EST dotloop verified Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 01/24/2023 Title: Special Events Submitted By: Dan VanderHeide Department: DPW Brief Summary: Staff is seeking approval of a proposed change to the Special Event Policy. Detailed Summary & Background: Attached is the Special Event Policy with the proposed addition of not closing Western Ave for a walk or run. This was discussed at the October 10, 2022 Worksession meeting but staff neglected to include the change in the policy. Goal/Focus Area/Action Item Addressed: Proceed with events and activities. Amount Requested: $0 Amount Budgeted: $0 Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: Approve the change to the Special Event Policy. 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: Packet Page 33 CITY OF MUSKEGON SPECIAL EVENT POLICY The City of Muskegon has many parks and facilities available for use. A Special Event Application is required for any public event held on City property or requiring City services. While there are several City departments involved in the special event process, this policy centralizes the administration of special events with the Department of Public Works. Email specialevents@shorelinecity.com or call (231) 724-6907 for any questions. For events where alcohol is served, applicants must also obtain approval from the State of Michigan Liquor Control Commission and the Muskegon Police Department (231-724-6750), in addition to completing the Special Event Application. Liquor license approval is a separate process from the Special Event Application, with its own fees and regulations. The final authority for signing special liquor licenses is with the Public Safety Director. For State of Michigan liquor license regulations and information, please visit the State of Michigan’s website at www.michigan.gov/lara. SPECIAL EVENT APPLICATION PROCEDURE I. Special Event Application (“Application”) Submission & Fee Schedule All Applications shall be filed with the Department of Public Works at least thirty (30) days prior to the event. The non-refundable Application fee must be paid at the time the Application is submitted. Events occurring during peak event season Events occurring outside of peak season April 15 – September 30 January 1 – April 14 / October 1 – Dec. 31 $100 fee for applications submitted 60 days or more $100 fee for applications submitted 60 days or prior to the event date more prior to the event date $250 fee for applications submitted 45-59 days prior $200 fee for applications submitted 45-59 days to the event date prior to the event date $400.00 fee for applications submitted 30-44 days $300.00 fee for applications submitted 33-44 days prior to the event prior to the event Applications submitted less than 30 days prior to $400 fee for applications submitted less than 30 the event date will not be accepted. days prior to the event Application and parade event fees may be waived for Veteran’s groups. In addition, the City’s recognized Neighborhood Associations are entitled to two Application and event fee waivers per year in addition to National Night Out festivities, provided that the Application is submitted to the Department of Public Works at least 30 days in advance of the event date. Up to two application fees may be waived for a non-profit organization in its lifetime. The non-profit must serve City of Muskegon residents to qualify. The Application shall be submitted on the appropriate form. The Application fee must be paid at the time of Application submission or the Application will not be considered. The City of Muskegon Request for Special Event Application form can be found on the City’s website at www.muskegon- mi.gov, or you may email specialevents@shorelinecity.com or call (231) 724-6907 to have one mailed, or visit the Department of Public works at 1350 E Keating Ave, Monday – Friday from 8:00 am. Until 4:300 p.m. excluding holidays. Block Parties. The City has a separate Block Party Policy and Application. Contact the Department of Public Works at specialevents@shorelinecity.com or 231-724-6907 for further information about block parties. 4th of July weekend. Margaret Drake Elliott Park is not available for special events on the 4th of July, including the entire weekend if July 4 falls on a Friday, Saturday, or Sunday. The park is reserved for picnicking during this holiday. -1- Packet Page 34 Reserving event dates for multiple years. As long as prior year event fees are paid in full, established events may reserve their event date(s) and location for future years. A completed special event application must be received by February 1 of each year in order to hold the date(s) and location. II. Event Requirements All Special Event permittees must adhere to the following rules and regulations. Failure to do so may result in the applicant having any conditional approvals revoked, being held responsible for any damages and/or denial of future event Applications. (a) Public Safety Personnel. While the presence of public safety personnel (police/fire/medical) may not be required at all special events, it shall be the discretion of the Public Safety Director if city police and/or fire officials may be required. The applicant/organization will be responsible for payment of public safety personnel services. See Fee Schedule (Section IV) for fee estimates. If an event is cancelled with less than 72 hours’ notice, the applicant/organization will be responsible for paying two hours’ pay per officer, per union contract requirements. Applicants are not allowed to provide their own public safety staff (police/fire/medical) without prior approval of the City of Muskegon’s Public Safety Director. (b) Liability Insurance. The applicant must provide proof of liability insurance in the amount of $1,000,000 naming the City of Muskegon as an additional insured. You may use an insurance agent of your choice. An acceptable certificate of insurance must be submitted no later than 10 days before the event date. Please inform your insurance agent that the wording on the certificate must read: “The City of Muskegon, all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and board members, including employees and volunteers thereof; it is understood and agreed that 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.” (c) Restroom Facilities. All outdoor events shall provide adequate restroom facilities (i.e. portable toilets) including handicapped-accessible facilities per ADA requirements. Restroom placement shall not impede sidewalk traffic. (d) Digging & Staking. Digging or staking at into paved areas, including roadways, sidewalks, and public parking areas, is not permitted. Digging or staking into non-paved ground shall be cleared through Miss Dig in order to avoid damage to underground utilities. The Applicant Organization is responsible for contacting Miss Dig (1-800-482-7171, or dial 811) a minimum of 5 working days prior to event set-up. The applicant will also be responsible for paying an electrician to locate underground utility lines and a City employee to location irrigation/water lines, if required. A penalty of $100 will be charged for an unapproved staking and the Applicant Organization will be responsible for the cost of any damages to underground utilities, including irrigation lines, caused by digging or staking. (e) Electrical and Water Hook-up The applicant must adapt to electrical power available on- site, or provide their own generator. When using City electrical panels, the applicant shall read the meter before and after the event, and report those numbers to the City’s special event coordinator upon request. City fire hydrants may be used as a water source for a fee (see Fee Schedule - Section IV) for cost. It is the responsibility of the applicant to provide acceptable hoses for potable water usage, which meet Health Department requirements. (f) Inspections. The event location is subject to all building, plumbing, mechanical, electrical, and fire codes. It is the permittee’s responsibility to schedule an inspection by any and all required inspectors and pay the required inspection fee(s). The City’s building inspection department (SAFEbuilt), requires an inspection of assembly tents that are 400 sq ft or greater. See Fee Schedule (Section IV) for costs. For events having multiple tents, contact the City’s Building Official for inspection fees. -2- Packet Page 35 (g) Food trucks. Any food trucks or vendors using deep fryers and/or propane cylinders must be inspected and approved by the Fire Marshal prior to participation in a special event. These vendors are required to have no less than a 5 lbs ABC-type fire extinguisher which has a current inspection tag and a class K type fire extinguisher for any deep-frying equipment wherein oils and/or grease is used as a medium. Contact the Fire Marshall for an inspection at (231) 724-6793. (h) Camping/Campgrounds. Approval must be given by the City Commission to have camping at your event at least 60 days before the event. The Department of Public Works will submit the request to the City Commission. Events that include overnight camping or a campground area also require a permit from the Muskegon County Health Department and Department of Environment, Great Lakes and Energy. To obtain information about this permit, call (231) 724-6208. A copy of an approved permit must be provided to the City. (i) Event Set-up and Tear-down. For events utilizing any public roadway, no tents, booths, vendors, or equipment shall be set up in the roadway prior to 6:00 p.m. the day before the event. All signs, tents, booths, vendors, and equipment must be removed from the roadway prior to 6:00 a.m. the day after the event. (j) Site Clean-up and Trash Disposal. The Applicant shall be responsible for clean-up of City facilities after the event. This includes the removal of trash from the site (do not leave full trash cans on site). Applicants shall provide their own Dumpster. The City shall have the right to enforce cleanup measures, including but not limited to entry and cleaning of property by City personnel with costs charged to the owner, occupant, or applicant. City staff may require a walk-through after the event to ensure satisfactory clean-up. (k) Merchandise Sales. Sales of all merchandise for Special Events must be out of the public right-of-way, unless prior authorization is received. (l) Events Using Water. Events utilizing a body of water such as Muskegon Lake and/or Lake Michigan require Coast Guard (414-747-7100) and/or Department of Natural Resources (269-685- 6851) special event approval. (m) Pyrotechnics. Events utilizing any kind of pyrotechnics must contact the Fire Marshal (231- 724-6793) and must also obtain the appropriate permits from the City Clerk’s Office (231-724-6705). (n) Compliance with all regulations. Special Event applicants/organizations are responsible to ensure that all applicable laws and ordinances are followed. Failure to comply with all city ordinances, rules and regulations may result in the denial of future special event requests. III. Special Event Application Processing (a) Application Intake. Department of Public Works Office staff shall be responsible for intake of Special Event Applications and dissemination to appropriate City staff for review and approval. The Application fee must be submitted with the Application. Liquor license Applications shall be filed with the Public Safety Director. (b) Event Approval. The City will issue a conditional approval or denial no later than 30 days after the Application date whenever possible. Preliminary approval may be given to allow the applicant to advertise the event, with final details to be worked out with staff. An approval letter will be issued, listing conditions of approval. (c) Application Denial. If City staff reviews an Application and denies same, it shall be stated in writing the reasons for the denial. An appeal of that decision may be made to the City Commission, whose decision shall be final. (d) Unpaid Invoices Due the City. Any past due fees/invoices owed to the City will result in denial of the event Application and/or future Special Event requests until paid in full. -3- Packet Page 36 (e) Meetings with Staff. City staff will meet with applicants to discuss event details if needed. Contact the City’s special event coordinator in the Department of Public Works to request a meeting. There may also be instances when City staff may require a meeting with the applicant. Failure to attend a requested meeting may result in denial of the Application. (f) Street Closures/Barricading. Requests for City road closings/barricading require approval of the Public Safety Director and the DPW Superintendent. DPW Office staff will forward requests to the appropriate personnel once the Application and fee are submitted. The applicant is responsible for all associated costs, which may include barricades, public safety services, etc. There is an additional $50 fee for each block closed beyond 2 blocks. City Commission approval may be required in some cases. If a street closure is approved for an event, the Applicant must provide written notification to all businesses and residences located along the affected street(s) at least 10 days prior to the event date. Changes to street closures requested within 30 days of the event date will incur a $50 fee. No route and/or road closure changes will be allowed within 14 days of an event. (f)(1) Time Restrictions Streets shall not be closed prior to 6:00 p.m. the day before the event and must be open by 6:00 a.m. the day following the conclusion of the event. (f)(2) Parking along event routes. The applicant shall be responsible for posting “No Parking” signs along the closed streets of an event route at least 48 hours in advance of the event date. The City’s Department of Public Works may have No Parking signs available for use. However, the applicant/organization must attach 5 ½” by 8 ½” addendums to the signs noting the name of the event and date and time the parking restrictions will be in effect. (g) Runs/Walks. For races, runs, walks, or parades, the applicant must submit a map with the Application, showing the proposed route. In addition, if any streets will be closed or partially closed, the applicant must provide written notification to all residents and businesses along the route as stated above in paragraphs (f) and (f)(1). The City’s special event coordinator can provide the names and addresses of affected homes and businesses to be notified. The applicant is responsible for any public safety and/or DPW costs for street closures (barricades, police presence at intersections if needed, etc). Western Ave from Shoreline Dr to 8th St will not be closed for a walk or run. (g)(1) Use of Lakeshore Trail bike path. For events utilizing the Lakeshore Trail bike path, there is a trail use fee that will be billed upon completion of the event (see Fee Schedule) to help cover trail maintenance expenses. In addition, any events using the path must post signage at trail entry points on the day of the event, notifying users that there is an event occurring on the trail. Signs may be generic, such as “EVENT ON BIKE PATH TODAY” (organizations using the path for events may share signs to reduce costs). The City’s Parks Supervisor can assist you in locating sign placement locations. (h) Site Plan. The City may require submittal of a site plan showing the event grounds and the location of tents, vendors, portable toilets, and other structures. -4- Packet Page 37 IV. Special Event Fee Schedule (Use of City Equipment, Labor Charges, Liquor Licenses, Inspections, Park use fees) ITEM / SERVICE RENTAL FEE (plus labor if necessary) 55-gallon metal trash can $5.00 each Plastic trash bags (1 case) $0.00 per case or actual cost Standard Traffic Cone $1.00 each Tall “Grab” Cone $3.00 each Picnic tables $10.00 each Fire hydrant use (installation & removal of $100.00 flat rate per hydrant hydrant tree, water testing, and water usage) DPW/Parks personnel labor costs $60.00/hour (Transportation of Barricades/Cones/tables, etc) Truck/ trailer rental may also be charged PUBLIC SAFETY SERVICES / FEES NOTE: Liquor License fees are lowest when applied for at least 45 days in advance of the event date. Liquor licenses will not be issued within 15 days of an event. Special liquor license (non-profit)/New event $150.00 (if applied for at least 45 days in advance of event) Special liquor license (non-profit)/Return event $125.00 (if applied for at least 45 days in advance of event) Organization located outside City of Muskegon Special liquor license/Return event, in-City rate $ 75.00 (if applied for at least 45 days in advance of event) Special liquor license (all) within 15-44 days of $250.00 event Liquor license/Temporary authorization – $40.00 ($60 if within 15-44 days of event) existing business/club Public safety labor charges (police/fire/medical) $60.00 per hour (time and ½) Public safety labor charges (police/fire/medical) $120.00 per hour (triple time/holidays) INSPECTIONS Inspection of assembly tent $50.00 (if multiple tents, contact building official for fees) Contact the building inspection department to see if Electrical or plumbing inspections these are required Fire Department inspection of food trucks Included with application fee PARK USE FEES Hackley Park exclusive use fee with Liquor License $100/hour or $500/day Hackley Park use fee per quadrant $50/day per quadrant Harbour Towne Beach user fee $1500.00 per event Trail bicycle/walking paths $200 per event Pere Marquette Park user fees (applicable May 15 through September 15) Events less than 100 people $100 per event Events with 100 - 250 people $200 per event Events with 250 – 500 people $350 per event Events with 500 - 2000 people $500 per event Events over 2000 people $1500.00 per event (includes 20 reserved parking spaces) Parking spaces for event use $10 per parking space reserved per day and each vehicle must have Beach Parking pass Exclusive use fee of Ovals parking lot area $250 per day and each vehicle must have Beach Parking pass Camping at Pere Marquette Park $20 per night per camper or tent* *The City Commission may opt to collect a percentage of camping revenue for larger events in lieu of the $20 per unit -5- Packet Page 38 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 24, 2023 Title: 2023 User Fee Update Submitted By: Kenneth D. Grant Department: Finance Brief Summary: City Departments have reviewed and updated their user fees and these have been incorporated into the Master Fee Resolution that is attached for your consideration. Detailed Summary & Background: City Departments have reviewed and updated their user fees and these have been incorporated into the Master Fee Resolution that is attached for your consideration. Key Updates: (See Highlighted Items on the Spreadsheet for all of the changes) Goal/Focus Area/Action Item Addressed: Sustainability in financial practices & Increase Revenue Amount Requested: Amount Budgeted: Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: Approval of the 2023 Master Fee Resolution 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: Packet Page 39 City of Muskegon RESOLUTION 2023-____ A resolution adopting fees for services in the City entitled "Master Fee Resolution". The City of Muskegon hereby RESOLVES: 1. The City of Muskegon has in the past adopted resolutions from time to time which set fees for various services in the City. 2. That in addition to the specifically adopted resolution fees, there are fees which are charged pursuant to ordinances and codes as well as the fees which are charged in the exercise of various other functions of the City which serve the public. 3. That the City Commission has reviewed all of the fees which are charged from time to time pursuant to resolution, ordinance and in the affording of services to and for the public, and has determined to adopt the resolution a comprehensive schedule of fees by this resolution which is hereby called the "Master Fee Resolution". 4. That the City Commission and its committees, with the advice of the staff of the City, have carefully investigated and examined the fees set forth in this Master Resolution and have determined that they are reasonably related to the actual cost of affording the services involved. NOW, THEREFORE, THE CITY COMMISSION HEREBY RESOLVES: 1. That the schedule of fees attached to this resolution is hereby adopted and shall be charged for the services set forth in the schedule and under the conditions set forth therein. 2. That any fees listed which are also listed in specific resolutions, rules or regulations, shall be charged in accordance with those resolutions, rules and regulations, and with the practices of the City in affording the appropriate services. 3. That the adoption of this resolution does not amend or change previous specific resolutions for the charging of fees for services, and does not preclude the existence of previous or future resolutions setting forth fees which are not included herein. This resolution adopted. Ayes: Nays: Absent: CITY OF MUSKEGON ____________________________________________ Ann Marie Meisch, City Clerk CERTIFICATE This Resolution was adopted at a meeting of the City Commission of the City of Muskegon, held on January 24, 2023. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. Ann Marie Meisch, City Clerk Packet Page 40 A B C D E F G H I 1 CITY OF MUSKEGON 2 2023 USER FEES 3 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) ADMINISTRATIVE OVERHEAD ON SALES TO 1 ALL TOTAL BALANCE DUE 15.00% 15.00% 4 OUTSIDE PARTIES 5 2 ALL COPIES FOR PUBLIC (STANDARD SIZES) PER COPY 0.25 0.25 3 ALL FAX CHARGE FOR INFORMATION REQUESTS PER PAGE 0.50 0.50 6 LATE FEE ON CITY RECEIVABLES (EXCEPT 4 ALL PAST DUE BALANCE 1.00% 1.00% PER MO./IMPOSED AFTER 30 DAYS 7 TAXES) 8 9 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) CEMETERIES EVERGREEN MAUSOLEUM 5 CEMETERIES EACH 1,500.00 1,500.00 10 (CRYPTS A‐B) CEMETERIES EVERGREEN MAUSOLEUM 6 CEMETERIES EACH 1,900.00 1,900.00 11 (CRYPTS A‐B) NR * CEMETERIES EVERGREEN MAUSOLEUM 7 CEMETERIES EACH 1,800.00 1,800.00 12 (CRYPTS C‐F) CEMETERIES EVERGREEN MAUSOLEUM 8 CEMETERIES EACH 2,200.00 2,200.00 13 (CRYPTS C‐F) NR * 14 9 CEMETERIES CEMETERIES GRAVE PRICES (EVERGREEN) ONE GRAVE 830.00 830.00 50% GOES TO PERPETUAL CARE 15 10 CEMETERIES CEMETERIES GRAVE PRICES (EVERGREEN) TWO GRAVES 1,500.00 1,500.00 50% GOES TO PERPETUAL CARE CEMETERIES GRAVE PRICES (EVERGREEN) NR 11 CEMETERIES TWO GRAVES 1,800.00 1,800.00 50% GOES TO PERPETUAL CARE 16 * CEMETERIES GRAVE PRICES (EVERGREEN) NR 12 CEMETERIES ONE GRAVE 1,000.00 1,000.00 50% GOES TO PERPETUAL CARE 17 * 18 13 CEMETERIES CEMETERIES GRAVE PRICES (LAKESIDE) ONE GRAVE 830.00 830.00 50% GOES TO PERPETUAL CARE 19 14 CEMETERIES CEMETERIES GRAVE PRICES (LAKESIDE) TWO GRAVES 1,500.00 1,500.00 50% GOES TO PERPETUAL CARE 15 CEMETERIES CEMETERIES GRAVE PRICES (LAKESIDE) NR * ONE GRAVE 1,000.00 1,000.00 50% GOES TO PERPETUAL CARE 20 16 CEMETERIES CEMETERIES GRAVE PRICES (LAKESIDE) NR * TWO GRAVES 1,800.00 1,800.00 50% GOES TO PERPETUAL CARE 21 22 17 CEMETERIES CEMETERIES GRAVE PRICES (OAKWOOD) ONE GRAVE 830.00 830.00 50% GOES TO PERPETUAL CARE 23 18 CEMETERIES CEMETERIES GRAVE PRICES (OAKWOOD) TWO GRAVES 1,500.00 1,500.00 50% GOES TO PERPETUAL CARE CEMETERIES GRAVE PRICES (OAKWOOD) NR 19 CEMETERIES TWO GRAVES 1,800.00 1,800.00 50% GOES TO PERPETUAL CARE 24 * CEMETERIES GRAVE PRICES (OAKWOOD) NR 20 CEMETERIES ONE GRAVE 1,000.00 1,000.00 50% GOES TO PERPETUAL CARE 25 * CEMETERIES GRAVE PRICES (RESTLAWN‐ 21 CEMETERIES ONE GRAVE 800.00 800.00 50% GOES TO PERPETUAL CARE 26 FLUSH MARKER) CEMETERIES GRAVE PRICES (RESTLAWN‐ 22 CEMETERIES TWO GRAVES 1,435.00 1,435.00 50% GOES TO PERPETUAL CARE 27 FLUSH MARKER) CEMETERIES GRAVE PRICES (RESTLAWN‐ 23 CEMETERIES ONE GRAVE 900.00 900.00 50% GOES TO PERPETUAL CARE 28 FLUSH MARKER) NR * CEMETERIES GRAVE PRICES (RESTLAWN‐ 24 CEMETERIES TWO GRAVES 1,550.00 1,550.00 50% GOES TO PERPETUAL CARE 29 FLUSH MARKER) NR * CEMETERIES GRAVE PRICES (RESTLAWN‐ 25 CEMETERIES ONE GRAVE 835.00 835.00 50% GOES TO PERPETUAL CARE 30 UPRIGHT MARKER) CEMETERIES GRAVE PRICES (RESTLAWN‐ 26 CEMETERIES TWO GRAVES 1,500.00 1,500.00 50% GOES TO PERPETUAL CARE 31 UPRIGHT MARKER) CEMETERIES GRAVE PRICES (RESTLAWN‐ 27 CEMETERIES ONE GRAVE 1,000.00 1,000.00 50% GOES TO PERPETUAL CARE 32 UPRIGHT MARKER) NR * CEMETERIES GRAVE PRICES (RESTLAWN‐ 28 CEMETERIES TWO GRAVES 1,800.00 1,800.00 50% GOES TO PERPETUAL CARE 33 UPRIGHT MARKER) NR * CEMETERIES IN‐GOUND SPACE FOR 29 CEMETERIES EACH 350.00 350.00 34 CREMAINS (RESTLAWN) CEMETERIES IN‐GOUND SPACE FOR 30 CEMETERIES EACH 400.00 400.00 35 CREMAINS (RESTLAWN) NR* CEMETERIES GRAVE PRICES (1/2 GRAVE‐‐ALL 31 CEMETERIES EACH 600.00 600.00 36 CEMETERIES) CEMETERIES GRAVE PRICES (1/2 GRAVE‐‐ALL 32 CEMETERIES EACH 650.00 650.00 37 CEMETERIES) NR * 38 33 CEMETERIES CEMETERIES OPENING (1/2 GRAVE) EACH 300.00 300.00 39 34 CEMETERIES CEMETERIES OPENING (1/2 GRAVE) NR * EACH 350.00 350.00 40 35 CEMETERIES CEMETERIES OPENING (CREMATION) EACH 350.00 350.00 36 CEMETERIES CEMETERIES OPENING (CREMATION) NR * EACH 400.00 400.00 41 CEMETERIES SECOND CREMAINS (OPEN 37 CEMETERIES EACH 80.00 80.00 FOR ADDITIONAL ASHES 42 GRAVESITE) 43 38 CEMETERIES CEMETERIES OPENING EACH 500.00 500.00 44 39 CEMETERIES CEMETERIES OPENING NR * EACH 600.00 600.00 CEMETERIES OPENING (STILLBORN IN 40 CEMETERIES EACH 175.00 175.00 45 BABYLAND) CEMETERIES OPENING (STILLBORN IN 41 CEMETERIES EACH 200.00 200.00 46 BABYLAND) NR * CEMETERIES OPENING (STILLBORN NOT IN 42 CEMETERIES EACH 300.00 300.00 47 BABYLAND) CEMETERIES OPENING (STILLBORN NOT IN 43 CEMETERIES EACH 350.00 350.00 48 BABYLAND) NR * CEMETERIES OVERTIME (MON‐FRI AFTER 44 CEMETERIES EACH 400.00 400.00 49 2:30PM) 50 45 CEMETERIES CEMETERIES OVERTIME (SATURDAYS) EACH 500.00 500.00 CEMETERIES OVERTIME (SUNDAYS AND 46 CEMETERIES EACH 600.00 600.00 51 HOLIDAYS) 47 CEMETERIES CEMETERIES WEEKEND/HOLIDAY LATE FEE EACH 400.00 400.00 IF MORE THAN 1 HOUR PAST SCHEDULED BURIAL TIME. 52 CEMETERIES NICHES COLUMBARIUUM (TOP 48 CEMETERIES EACH 900.00 900.00 53 2 ROWS) CEMETERIES NICHES COLUMBARIUM NR 49 CEMETERIES EACH 950.00 950.00 54 (TOP 2 ROWS) CEMETERIES NICHES COLUMBARIUUM 50 CEMETERIES EACH 700.00 700.00 55 (BOTTOM 2 ROWS) CEMETERIES NICHES COLUMBARIUM NR 51 CEMETERIES EACH 750.00 750.00 56 (BOTTOM 2 ROWS) 57 52 CEMETERIES CEMETERIES NICHES (OPEN/CLOSING) EACH 150.00 150.00 58 53 CEMETERIES CEMETERIES NICHES (OPEN/CLOSING) NR EACH 200.00 200.00 59 54 CEMETERIES CEMETERIES HEADSTONE SERVICE PER SQUARE INCH 0.55 0.55 MINIMUM $60.00 CEMETERIES SERVICE (GOVERNMENT 55 CEMETERIES EACH 60.00 60.00 60 MARKERS) 56 CEMETERIES CEMETERIES SERVICE (MAUSOLEUM VASES) EACH 75.00 75.00 61 CEMETERIES SERVICE HEADSTONE PRE‐ 57 CEMETERIES EACH 25.00 25.00 62 PLACEMENT CEMETERIES SERVICE HEADSTONE SETTING 58 CEMETERIES EACH 75.00 75.00 63 FEE CEMETERIES SERVICE (SMALL VASES) 59 CEMETERIES EACH 50.00 50.00 64 RESTLAWN 65 60 CEMETERIES ENTOMBMENT ‐ EVERGREEN MAUSOLEM EACH 300.00 300.00 ENTOMBMENT NR ‐ EVERGREEN 61 CEMETERIES EACH 400.00 400.00 66 MAUSOLEUM EVERGREEN MAUSOLEUM CRYPT COVER IF ENGRAVING NOT COMPLETED WITHIN 30 DAYS OF 62 CEMETERIES 200.00 200.00 67 REMOVAL ENTOMBMENT TRANSFER & AFFIDAVIT FEE PER GRAVE 63 CEMETERIES EACH 200.00 200.00 68 SPACE 69 64 CEMETERIES CHAPEL FUNERAL SERVICE EACH 200.00 200.00 Packet Page 41 A B C D E F G H I 1 CITY OF MUSKEGON 2 2023 USER FEES 3 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) 70 71 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) 72 65 CLERK ADDRESS LABELS ‐ VOTER REGISTRATION EACH 0.05 0.05 73 66 CLERK BUSINESS REGISTRATION EACH 35.00 35.00 BUSINESS TRANSIENT/PEDDLER ‐ RENEWAL 67 CLERK ANNUAL 150.00 150.00 74 MAY 1ST BUSINESS AUCTIONEER LICENSE (INDIVIDUAL 68 CLERK PER DAY 10.00 10.00 75 EVENT) 69 CLERK BUSINESS AUCTIONEER LICENSE (REGULAR) PER YEAR 100.00 100.00 76 77 70 CLERK AUCTION FEE PER DAY 30.00 30.00 78 71 CLERK BUSINESS ENTERTAINMENT OCCUPANCY PER YEAR 125.00 125.00 GAMING LICENSE REQUEST/PERMIT (30 72 CLERK EACH 75.00 75.00 79 DAYS OR MORE ADVANCE NOTICE) GAMING LICENSE REQUEST (LESS THAN 30 73 CLERK EACH 100.00 100.00 80 DAYS ADVANCE NOTICE) CHARGED TO LAW FIRMS AND OTHER FOR PROFIT ORGANIZATIONS 74 CLERK CITY HALL CONFERENCE ROOM RENTAL PER HOUR 25.00 25.00 WISHING TO USE FACILITIES FOR NON‐CITY RELATED BUSINESS 81 ENCROACHMENT/RENTAL FEE (BUS 75 CLERK PER BENCH/PERMONTH 5.00 5.00 82 BENCHES) FIREWORKS DISPLAY PERMIT PROCESSING 76 CLERK EACH 75.00 75.00 FEE (30 OR MORE DAYS ADVANCE NOTICE) 83 FIREWORKS DISPLAY PERMIT PROCESSING 77 CLERK EACH 150.00 150.00 FEE (LESS THAN 30 DAYS ADVANCE NOTICE) 84 LIQUOR LICENSE RENEWAL (BEFORE 78 CLERK EACH 100.00 100.00 85 FEBRUARY 28) LIQUOR LICENSE RENEWAL (AFTER 79 CLERK EACH 150.00 150.00 86 FEBRUARY 28) LIQUOR LICENSE TRANSFER OF OWNERSHIP 80 CLERK EACH 250.00 250.00 87 OR LOCATION DEVELOPMENT DISTRICT AREA CLASS‐C ON‐ 81 CLERK PREMISES LIQUOR LICENSE (FORMERLY EACH 2,500.00 2,500.00 SAME REVIEW PROCESS AS FOR RENEWAL DOWNTOWN DEV AUTH LICENSE) 88 89 82 CLERK NEW LIQUOR LICENSE EACH 1,000.00 1,000.00 REPLACES FEES ABOVE 90 83 CLERK GOING OUT OF BUSINESS SALE EACH 50.00 50.00 UP TO ONE MONTH ‐ RENEWABLE LIQUOR LICENSE (EXPANSION OF EXISTING 84 CLERK EACH 25.00 25.00 91 LICENSE) 92 85 CLERK MOBILE FOOD VENDING PERMIT ANNUAL 300.00 300.00 APPROVED BY COMMISSION IN 2014 MOBILE FOOD VENDING PERMIT (BRICK & 86 CLERK ANNUAL 150.00 150.00 APPROVED BY COMMISSION IN 2014 93 MORTAR RESTAURANT IN CITY) MOBILE FOOD VENDING PERMIT (BRICK & 87 CLERK ANNUAL 50.00 50.00 APPROVED BY COMMISSION IN 2014 MORTAR RESTAURANT IN DDA DISTRICT) 94 95 88 CLERK PASSPORT APPLICATION FEE EACH 35.00 35.00 PER FEDERAL LAW 96 89 CLERK PASSPORT PHOTO FEE EACH 15.00 15.00 97 90 CLERK MONEY ORDERS EACH 5.00 5.00 NEW SERVICE & FEE 98 91 CLERK PRECINCT MAPS (SMALL) EACH 2.00 2.00 99 92 CLERK PUBLIC NOTARY FEE EACH 5.00 5.00 CONSISTENT WITH COUNTY FEE SPECIAL EVENT PARKING FEE (UNDER 50 93 CLERK PER EVENT 25.00 25.00 APPROVED BY COMMISSION IN 2014 100 PARKING SPOTS) SPECIAL EVENT PARKING FEE (OVER 50 94 CLERK PER EVENT 50.00 50.00 APPROVED BY COMMISSION IN 2014 101 PARKING SPOTS) TELECOMMUNICATIONS ACT NEW 95 CLERK EACH 500.00 500.00 PER NEW STATE TELECOMMUNICATIONS ACT 102 PROVIDER FEE 103 96 CLERK VOTER INFORMATION ‐ ELECTRONIC EACH 25.00 25.00 104 97 CLERK VOTER REGISTRATION ‐ HARDCOPY LIST PER LISTING 0.01 0.01 105 98 CLERK VOTER REGISTRATION ‐ MAILING LABELS PER LABEL 0.05 0.05 106 107 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) 108 99 CNS MORTGAGE REFINANCE FEE EACH 50.00 50.00 109 100 CNS REHAB LOAN APPLICATION FEE EACH 200.00 200.00 101 CNS FAÇADE PROGRAM ‐ 50% AMI AND BELOW EACH 60.00 60.00 ELIGIBLITY FEE 110 111 102 CNS FAÇADE PROGRAM ‐ 51% ‐ 60% AMI EACH 250.00 250.00 ELIGIBLITY FEE 112 103 CNS FAÇADE PROGRAM ‐ 61% TO 80% AMI EACH 500.00 500.00 ELIGIBLITY FEE 104 CNS PRIORITY HOME REPAIR APPLICATION FEE EACH 60.00 60.00 113 114 105 CNS RENTAL REHAB APPLICATION FEE PER LOAN 100.00 100.00 115 116 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) 106 DPW ADDITIONAL GARBAGE SERVICE (1 TOTER) PER MONTH 13.00 13.00 117 118 107 DPW APPLIANCE STICKER EACH 25.00 25.00 108 DPW ENCROACHMENT PERMIT APPLICATION FEE EACH 100.00 100.00 119 109 DPW ENCROACHMENT PERMIT CERTIFICATE FEE EACH LOCATION 50.00 50.00 SAME AS RENEWAL FEE 120 121 110 DPW ENCROACHMENT 1‐YEAR RENEWAL EACH 25.00 25.00 ENCROACHMENT 1‐YEAR RENEWAL 111 DPW EACH 50.00 50.00 122 (INSPECTION REQ'D) ENCROACHMENT PERMIT TO WORK IN R‐O‐ 112 DPW PER UNIT 10.00 10.00 OR ACTUAL COSTS (WHICHEVER IS GREATER) 123 W GARBAGE CART REPLACEMENT ‐ DAMAGED 113 DPW EACH 55.00 55.00 124 BY USER 125 114 DPW GARBAGE SERVICE ‐ SMALL BUSINESS PER MONTH 16.00 16.00 INCLUDES CHURCHES AND NON‐PROFITS GARBAGE SERVICE ‐ UNAUTORIZED USE OF 115 DPW PER INCIDENT 50.00 50.00 126 CARTS GARBAGE SERVICE ‐ REPLACE LOST/STOLEN 116 DPW EACH 55.00 55.00 127 CART 117 DPW GARBAGE SERVICE ‐ NEW SERVICE STARTUP EACH 55.00 55.00 128 118 DPW GARBAGE SERVICE ‐ MIXED REFUSE STICKER EACH 3.00 3.00 BUY 4 FOR $10 ‐ UNIT PRICE $2.5/EA 129 FEE FOR SPECIAL COLLECTION OF ILLIEGAL 119 DPW EACH 50.00 50.00 OR ACTUAL COSTS (WHICHEVER IS GREATER) 130 MATERIALS FEE FOR BULK YARD WASTE DROP OFF 120 DPW (DURING REGULAR HOURS) ‐ BY EACH 25.00 25.00 131 APPOINTMENT ONLY 132 121 DPW REPLACE EMPLOYEE ID/ACCESS TKC CARD PER LOST CARD 10.00 10.00 REACTIVATED FEE 133 122 ENGINEERING STORM SEWER CONNECTION FEE EACH 1,200.00 1,200.00 CONNECTION FEE ONLY, WORK BY OTHERS 134 123 DPW TREE REPLACEMENT PLANTING FEE EACH 200.00 200.00 TREE REMOVAL FEE (12" AND UNDER 124 DPW EACH 200.00 200.00 TREE MEASURED AT 4' ABOVE GRADE 135 DIAMETER) 136 125 DPW TREE REMOVAL FEE (12" ‐ 18" DIAMETER) EACH 500.00 500.00 TREE MEASURED AT 4' ABOVE GRADE 137 138 126 127 Packet Page 42 DPW DPW TREE REMOVAL FEE (18" ‐ 24" DIAMETER) TREE REMOVAL FEE (24" ‐ 30" DIAMETER) EACH EACH 650.00 750.00 650.00 750.00 TREE MEASURED AT 4' ABOVE GRADE TREE MEASURED AT 4' ABOVE GRADE A B C D E F G H I 1 CITY OF MUSKEGON 2 2023 USER FEES 3 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) 139 128 DPW TREE REMOVAL FEE (30" ‐ 36" DIAMETER) EACH 1,000.00 1,000.00 TREE MEASURED AT 4' ABOVE GRADE 140 129 DPW TREE REMOVAL FEE (36" ‐ 42" DIAMETER) EACH 1,700.00 1,700.00 TREE MEASURED AT 4' ABOVE GRADE TREE REMOVAL FEE (42" AND OVER 130 DPW EACH 1,900.00 1,900.00 TREE MEASURED AT 4' ABOVE GRADE 141 DIAMETER) 142 131 DPW HANG AND/OR REMOVE BANNER EACH REQUEST 450.00 450.00 EACH ADDITIONAL BANNER: $50.00 132 DPW USE OF BIKE PATH FOR ORGANIZED EVENTS EACH EVENT 200.00 200.00 PER EVENT 143 EXCLUSIVE USE OF HACKLEY PK FOR SPECIAL EXCLUSIVE USE OF HACKLEY PARK FOR SPECIAL ECENTS USING A 133 DPW (PARKS) PER DAY 500.00 500.00 144 EVENTS LIQUOR LICENSE EXCLUSIVE USE OF PERE MARQUETTE LARGE 134 DPW (PARKS) PER DAY 250.00 250.00 EACH VEHICLE MUST HAVE BEACH PARKING PASS 145 OVAL FOR SPECIAL EVENTS EXCLUSIVE USE OF HARBOUR TOWNE BEACH 135 DPW (PARKS) PER DAY 1,500.00 1,500.00 146 FOR SPECIAL EVENTS USE FEE IN ADDITION TO SPECIAL EVENT 136 DPW (PARKS) PER DAY 125.00 125.00 147 APPLICLATION FEE CLEANING DEPOSIT FOR EXCLUSIVE USE OF 137 DPW (PARKS) HACKLEY, PERE MARQUETTE OR MARGARET EACH 50.00 50.00 DRAKE ELLIOTT PARKS ‐ SPECIAL EVENT 148 138 DPW (PARKS) PARK BUILDING USE PER SESSION 175.00 175.00 11AM‐7PM RENTAL ($50 REFUNDABLE FOR CLEANING DEPOSIT) 149 139 DPW (PARKS) PARK BUILDING USE PER DAY 225.00 225.00 9AM‐11PM RENTAL ($50 REFUNDABLE FOR CLEANING DEPOSIT) 150 140 DPW (PARKS) PARK BUILDING USE PER SESSION 125.00 125.00 9‐3 or 4‐11 SESSIONS (+$50 REFUNDABLE FOR CLEANING DEPOSIT) 151 PARK BUILDING USE (CLEANING/SECURITY 141 DPW (PARKS) EACH 50.00 50.00 All buildings 152 DEPOSIT) 153 142 DPW (PARKS) MC GRAFT PARK MUSIC BOWL HOUR 45.00 45.00 PARKS (LIGHT COSTS SPORT FIELDS & 143 DPW (PARKS) EACH 40.00 40.00 154 COURTS) DELIVERY/PICK‐UP NOT INCLUDED. ADDITIONAL COSTS FOR LABOR 144 DPW (PARKS) PARKS (WOOD SNOW FENCE RENTAL) EACH 30.00 30.00 ($60.00/HR)AND VEHICLE RENTAL WILL APPLY IF DELEVERY OR PICK‐ 155 UP IS REQUIRED DELIVERY/PICK‐UP NOT INCLUDED. ADDITIONAL COSTS FOR LABOR 145 DPW (PARKS) PARKS (USE OF GARBAGE CANS) EACH 5.00 5.00 ($60.00/HR)AND VEHICLE RENTAL WILL APPLY IF DELEVERY OR PICK‐ 156 UP IS REQUIRED SPORTS FIELD & COURT RENTAL (EXLUDES 146 DPW (PARKS) 2 HOUR RENTAL 25.00 25.00 157 SETUP SERVICES) 158 147 DPW (PARKS) CHANNEL SHELTER RENTAL PER DAY 50.00 50.00 9am‐11pm 159 148 DPW (PARKS) CHANNEL SHELTER RENTAL EACH SESSION 25.00 25.00 Sessions are 9 am‐3 pm or 4 pm‐11 pm Kruse#4 & Margaret Drake Elliot Sessions are 9 am‐3 pm or 4 pm‐11 149 DPW (PARKS) PICNIC SHELTER RENTAL EACH SESSION 30.00 30.00 160 pm 161 150 DPW (PARKS) PICNIC SHELTER RENTAL EACH SESSION 100.00 50.00 Seyferth Park Sessions are 9 am‐3 pm or 4 pm‐11 pm 162 151 DPW (PARKS) PICNIC SHELTER RENTAL PER DAY 60.00 60.00 Kruse#4 & Margaret Drake Elliot from 9am‐11pm 163 152 DPW (PARKS) PICNIC SHELTER RENTAL PER DAY 175.00 100.00 Seyferth Park ‐42.86% 164 153 DPW (PARKS) PICNIC SHELTER RENTAL EACH SESSION 25.00 25.00 Kruse 1, 2 and 3 from Sessions are 9 am‐3 pm or 4 pm‐11 pm 165 154 DPW (PARKS) PICNIC SHELTER RENTAL EACH SESSION 75.00 75.00 Beachwood Sessions are 9 am‐3 pm or 4 pm‐11 pm Campbell and Smith Ryerson 155 DPW (PARKS) PICNIC SHELTER RENTAL EACH SESSION 50.00 50.00 166 Sessions are 9 am‐3 pm or 4 pm‐11 pm 167 156 DPW (PARKS) PICNIC SHELTER RENTAL PER DAY 75.00 75.00 Campbell and Smith Ryerson 168 157 DPW (PARKS) PICNIC SHELTER RENTAL PER DAY 50.00 50.00 For Kruse 1, 2 and 3 from 9am‐11pm 169 158 DPW (PARKS) PICNIC SHELTER RENTAL PER DAY 125.00 125.00 Beachwood 9am‐11pm 170 159 DPW (PARKS) PICNIC SHELTER RENTAL EACH SESSION 0.00 25.00 Beukema Pavilion Sessions are 9 am‐3 pm or 4 pm‐11 pm *NEW FEE* 171 160 DPW (PARKS) PICNIC SHELTER RENTAL PER DAY 0.00 50.00 Beukema Pavilion *NEW FEE* PICNIC SHELTER RENTAL RESERVATION 161 DPW (PARKS) EACH 15.00 15.00 172 CHANGE 173 162 DPW (PARKS) CLEANING FEE FOR RENTALS EACH 75.00 75.00 NOT CHARGED IF FACILITY LEFT CLEAN GROUPED TABLES (4) AT DRAKE‐ELLIOTT (48 163 DPW (PARKS) EACH SESSION 25.00 25.00 174 PEOPLE) GROUPED TABLES (4) AT DRAKE‐ELLIOTT (48 164 DPW (PARKS) PER DAY 50.00 50.00 9am‐11pm 175 PEOPLE) WEDDING RESERVATIONS‐MCGRAFT 165 DPW (PARKS) EACH 150.00 150.00 176 LAGOON 166 DPW (PARKS) WEDDING RESERVATIONS‐PERE MARQUETTE EACH 175.00 175.00 177 WEDDING RESERVATIONS‐CHANNEL AREA 167 DPW (PARKS) EACH 200.00 200.00 WEDDING RESERVATIONS 178 (INCLUDES SHELTER) ICE CREAM MACHINE RENTAL INCLUDING 2‐ 168 DPW (PARKS) EACH 500.00 500.00 179 BAGS OF ICE CREAM MIX 180 169 DPW (PARKS) ICE CREAM MACHINE DEPOSIT EACH 250.00 250.00 170 DPW (PARKS) ICE CREAM MACHINE MIX ‐ ADDITIONAL BAG EACH 30.00 30.00 181 182 171 DPW (PARKS) KEY DEPOSIT (RESTROOM) EACH 25.00 25.00 DELIVERY/PICK‐UP NOT INCLUDED. ADDITIONAL COSTS FOR LABOR 172 DPW (PARKS) CITY SERVICES (55‐GAL METAL TRASH CANS) EACH 5.00 5.00 ($60.00/HR)AND VEHICLE RENTAL WILL APPLY IF DELEVERY OR PICK‐ 183 UP IS REQUIRED DELIVERY/PICK‐UP NOT INCLUDED. ADDITIONAL COSTS FOR LABOR 173 DPW (PARKS) CITY SERVICES RENTAL OF POSTS EACH POST 3.00 3.00 ($60.00/HR)AND VEHICLE RENTAL WILL APPLY IF DELEVERY OR PICK‐ 184 UP IS REQUIRED DELIVERY/PICK‐UP NOT INCLUDED. ADDITIONAL COSTS FOR LABOR 174 DPW (PARKS) CITY SERVICES (PICNIC TABLES) EACH 10.00 10.00 ($60.00/HR)AND VEHICLE RENTAL WILL APPLY IF DELEVERY OR PICK‐ 185 UP IS REQUIRED CITY SERVICES (LABOR PARKS OR DPW 175 DPW (PARKS) PER HOUR 60.00 60.00 186 STAFF) 187 176 DPW (PARKS) RENTAL OF PORTABLE STAGE EACH 100.00 100.00 188 177 DPW (PARKS) RENTAL OF BLEACHERS EACH 100.00 100.00 178 DPW (PARKS) BEACH PARKING DAILY RATE MON‐THURS EACH 7.00 7.00 189 190 179 DPW (PARKS) BEACH PARKING DAILY RATE WEEKENDS EACH 10.00 10.00 191 180 DPW (PARKS) BEACH PARKING ANNUAL PASS EACH 20.00 20.00 192 193 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) 194 181 ENGINEERING WIDE LOAD PERMIT EACH 50.00 50.00 CHARGE FOR BLUEPRINTS (PLANS & UTILITY 182 ENGINEERING EACH 8.00 8.00 195 MAPS) 196 183 ENGINEERING CHARGE FOR BID DOCUMENTS EACH 40.00 40.00 184 ENGINEERING STORM WATER MANAGEMENT REVIEW FEE EACH REVIEW 2,000.00 2,000.00 ADDITIONAL FEES MAY APPLY AS NEEDED 197 REPLACE/ INSTALL RESIDENTIAL DRIVEWAY 185 ENGINEERING EACH UNIT 25.00 25.00 SIDEWALK/DRIVE APPROACHES, LANDSCAPING 198 IN RIGHT OF WAY 199 186 ENGINEERING UTILITY ANNUAL PERMIT FEE EACH 1,750.00 1,750.00 200 187 ENGINEERING UTILITY CUT PERMIT FEE UNIT 20.00 20.00 UTILITY CUT (PAVEMENT REMOVAL‐ 188 ENGINEERING SQUARE YARD 100.00 100.00 FEES ADJUSTED TO REFLECT RESIDUAL VALUE 201 PAVEMENT <4 YEARSOLD) UTILITY CUT (PAVEMENT REMOVAL‐ 189 ENGINEERING SQUARE YARD 75.00 75.00 FEES ADJUSTED TO REFLECT RESIDUAL VALUE 202 PAVEMENT 4‐9 YEARSOLD) UTILITY CUT (PAVEMENT REMOVAL‐ 190 ENGINEERING SQUARE YARD 50.00 50.00 FEES ADJUSTED TO REFLECT RESIDUAL VALUE 203 PAVEMENT >10 YEARSOLD) ROAD CLOSURE (EXCLUDING SPECIAL 191 ENGINEERING EACH 25.00 25.00 204 EVENTS) 205 192 ENGINEERING DUMPSTER IN ROAD OR RIGHT OF WAY EACH 25.00 25.00 REPLACE/ INSTALL SIDEWALK IN RIGHT OF 206 193 Packet Page 43 ENGINEERING WAY EACH UNIT 25.00 25.00 A B C D E F G H I 1 CITY OF MUSKEGON 2 2023 USER FEES 3 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) REPLACE/ INSTALL COMMERCIAL DRIVEWAY 194 ENGINEERING EACH UNIT 50.00 50.00 207 IN RIGHT OF WAY 208 209 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) 210 195 ENV SERVICES ALERT NOTIFICATION ‐ FAX ANNUAL ‐ LOCAL SERVICE NOW FREE VIA EMAIL 211 196 ENV SERVICES ALERT NOTIFICATION ‐ FAX ANNUAL ‐ LONG DISTANCE SERVICE NOW FREE VIA EMAIL 212 213 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) PUBLIC SAFETY ‐ CODE 197 TERRACE VIOLATIONS ADMINISTRATION FEE FIRST VIOLATION 50.00 50.00 PLUS HOURLY COST FOR WORK PERFORMED. 214 ENFORCEMENT PLUS HOURLY COST FOR WORK PERFORMED. FEE FOR EACH PUBLIC SAFETY ‐ CODE TERRACE VIOLATIONS ADMINISTRATION FEE 198 EACH SUBSEQUENT 10.00 10.00 SUBSEQUENT VIOLATIONS INCREMENT $50 (E.G. 2ND VIOLATION = ENFORCEMENT (EACH SUBSEQUENT IN YEAR) 215 $60; 3RD = $70, ETC PUBLIC SAFETY ‐ CODE 199 GRASS, TRASH AND LEAF VIOLATIONS FIRST VIOLATION 90.00 100.00 PLUS HOURLY COST FOR WORK PERFORMED. 11.11% 216 ENFORCEMENT PLUS HOURLY COST FOR WORK PERFORMED. FEE FOR EACH PUBLIC SAFETY ‐ CODE GRASS, TRASH AND LEAF VIOLATIONS (EACH 200 EACH SUBSEQUENT 15.00 20.00 SUBSEQUENT VIOLATIONS INCREMENT $90 (E.G. 2ND VIOLATION = 33.33% ENFORCEMENT SUBSEQUENT IN YEAR) 217 $105; 3RD = $120, ETC PUBLIC SAFETY ‐ CODE 201 LATE FEE ON INVOICES OVER 30 DAYS EACH INVOICE 10.00 15.00 50.00% 218 ENFORCEMENT PUBLIC SAFETY ‐ CODE 202 CE DISPOSAL FEE EACH INVOICE 35.00 50.00 42.86% 219 ENFORCEMENT 220 221 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) 222 203 CITY‐CODE COMPLIANCE VACANT BUILDING REGISTRATION VACANT BUILDING 0.00 0.00 VACANT LESS THAN ONE YEAR 223 204 CITY‐CODE COMPLIANCE VACANT BUILDING REGISTRATION VACANT BUILDING 100.00 100.00 VACANT 1 YEAR OR MORE (RESIDENTIAL) 224 205 CITY‐CODE COMPLIANCE VACANT BUILDING REGISTRATION VACANT BUILDING 500.00 500.00 VACANT 1 YEAR OR MORE (COMMERCIAL) 225 206 CITY‐CODE COMPLIANCE VACANT BUILDING REGISTRATION VACANT BUILDING 500.00 500.00 VACANT 1 YEAR OR MORE (INDUSTRIAL) VACANT 5 YEARS BUT LESS THAN 10 YEARS. IF THIS MEETS 207 CITY‐CODE COMPLIANCE VACANT BUILDING REGISTRATION VACANT BUILDING 226 STANDARD, THEN REDUCED TO $3,500. 227 208 CITY‐CODE COMPLIANCE VACANT BUILDING REGISTRATION VACANT BUILDING VACANT 10 YEARS 228 209 CITY‐CODE COMPLIANCE VACANT BUILDING REGISTRATION VACANT BUILDING EACH YEAR VACANT BEYOND 10 YEARS VACANT BUILDING ADMINISTRATIVE APPEAL 210 CITY‐CODE COMPLIANCE OCCURRENCE 25.00 25.00 NON‐REFUNDABLE FEE 229 FEE (31‐60 DAYS LATE) VACANT BUILDING ADMINISTRATIVE APPEAL 211 CITY‐CODE COMPLIANCE OCCURRENCE 35.00 35.00 NON‐REFUNDABLE FEE 230 FEE (61‐90 DAYS LATE) VACANT BUILDING REGISTRATION ‐ FORMAL 212 CITY‐CODE COMPLIANCE OCCURRENCE 50.00 50.00 NON‐REFUNDABLE FEE 231 APPEAL FEE 232 233 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) RENTAL PROPERTY REGISTRATION PER 213 PUBLIC SAFETY ‐ RENTAL SINGLE UNIT 80.00 100.00 INCLUDES ONE INSPECTION EVERY 3 YEARS FOR COMPLIANCE 25.00% 234 PARCEL (LONG TERM) RENTAL PROPERTY REGISTRATION PER 214 PUBLIC SAFETY ‐ RENTAL SINGLE UNIT 100.00 250.00 INSPECTIONS FOR SHORT TERM RENTALS 150.00% 235 PARCEL (SHORT TERM) RENTAL PROPERTY REGISTRATION PER 215 PUBLIC SAFETY ‐ RENTAL DUPLEX 90.00 90.00 INCLUDES ONE INSPECTION EVERY 3 YEARS FOR COMPLIANCE 236 PARCEL (ANNUAL) RENTAL PROPERTY REGISTRATION (ANNUAL ‐ 216 PUBLIC SAFETY ‐ RENTAL 3 UNITS 110.00 110.00 INCLUDES ONE INSPECTION EVERY 3 YEARS FOR COMPLIANCE 237 BASE) RENTAL PROPERTY REGISTRATION (ANNUAL ‐ 217 PUBLIC SAFETY ‐ RENTAL PER UNIT OVER 3 15.00 15.00 INCLUDES ONE INSPECTION EVERY 3 YEARS FOR COMPLIANCE 238 PER PARCEL OVER 3) RENTAL PROPERTY INSPECTION (INSPECTION 218 PUBLIC SAFETY ‐ RENTAL NO‐SHOW FIRST TIME OR LATE PER UNIT 70.00 70.00 FEE ASSESSED FOR NO‐SHOW/LOCK OUT OR LATE CANCELLATION 239 CANCELLATION) RENTAL PROPERTY INSPECTION FEE ASSESSED WHEN A 3RD CANCELLATION IS RECEIVED BY 219 PUBLIC SAFETY ‐ RENTAL OCCURRENCE 70.00 70.00 240 CANCELLATION FEE CUSTOMER OR AGENT RENTAL PROPERTY INSPECTION ADDED TO BASE CANCELLATION FEE; EACH CANCELLATION 220 PUBLIC SAFETY ‐ RENTAL CANCELLATION FEE (STARTING WITH 4TH EXTRA PER TIME AFTER ONE OCCURRENCE 15.00 15.00 INSTANCE WILL CAUSE FEE TO INCREASE BY AN ADDITIONAL $15.00 241 CANCELLATION) RENTAL PROPERTY INSPECTION (INSPECTION ADDED TO BASE NO SHOW FEE; EACH NO SHOW INSTANCE WILL 221 PUBLIC SAFETY ‐ RENTAL NO‐SHOW EACH ADDT'L TIME OR LATE PER UNIT 25.00 25.00 CAUSE INSPECTION FEE TO INCREASE BY AN ADDITIONAL $20.00 242 CANCELLATION) FEE TO BE ASSESSED TO PROPERTIES NOT BROUGHT INTO 222 PUBLIC SAFETY ‐ RENTAL RENTAL PROPERTY REINSPECTION FEE PER UNIT 50.00 50.00 243 COMPLIANCE AFTER THE FIRST INSPECTION ADDED TO BASE NON‐COMPLIANCE FEE; EACH REINSPECTION RENTAL PROPERTY REINSPECTION 223 PUBLIC SAFETY ‐ RENTAL PER UNIT 15.00 15.00 INSTANCE WILL CAUSE NON‐COMPLIANCE FEE TO INCREASE BY AN (STARTING WITH 2ND REINSPECTION) 244 ADDITIONAL $15.00 RENTAL PROPERTY EXTERIOR ONLY FEE ASSESSED TO PROPERTIES IN COMPLIANCE INTERIOR 224 PUBLIC SAFETY ‐ RENTAL REINSPECTION FEE (1ST EXTERIOR ONLY PER UNIT 40.00 40.00 REQUIREMENTS BUT NOT IN COMPLIANCE WITH EXTERIOR 245 REINSPECTION) REQUIREMENTS BY FIRST INSPECTION RENTAL PROPERTY EXTERIOR ONLY ADDED TO BASE EXTERIOR NON‐COMPLIANCE FEE; EACH 225 PUBLIC SAFETY ‐ RENTAL REINSPECTION FEE (STARTING WITH 2ND PER UNIT 20.00 20.00 REINSPECTION INSTANCE WILL CAUSE EXTERIOR NON‐COMPLIANCE 246 EXTERIOR ONLY REINSPECTION) FEE TO INCREASE BY AN ADDITIONAL $15.00 LATE FEE FOR NON‐PAYMENT OF RENTAL 226 PUBLIC SAFETY ‐ RENTAL EACH PROPERTY VIOLATION 15.00 20.00 FEE CHARGED AFTER 30 DAYS 33.33% 247 REGISTRATION ANNUAL FEE 248 227 PUBLIC SAFETY ‐ RENTAL HOUSING‐WARRANT INSPECTION FEE EACH 150.00 150.00 PUBLIC SAFETY ‐ ENV 228 BOARD UP'S ‐ FIRST 5 BOARDS PER INSTANCE 40.00 40.00 PLUS THE COST OF THE CONTRACTOR TO DO THE BOARD UP 249 SERVICES PUBLIC SAFETY ‐ ENV 229 BOARD UP'S ‐ 6 OR MORE BOARDS PER INSTANCE 60.00 60.00 PLUS THE COST OF THE CONTRACTOR TO DO THE BOARD UP 250 SERVICES PUBLIC SAFETY ‐ ENV ADMINISTRATIVE OVERHEAD ON 230 PER UNIT 20.0% 20.0% BASED ON THE CONTRACTORS PRICE TO DEMOLISH 251 SERVICES DEMOLITIONS 252 253 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) 254 231 FARMERS' MARKET DAILY ‐ SATURDAY DAILY 30.00 36.00 SATURDAY ONLY 20.00% 255 232 FARMERS' MARKET DAILY ‐ WEEKDAY DAILY 15.00 20.00 WEEKDAYS WITH NO TIERS 33.33% 256 233 FARMERS' MARKET TIER 1 ‐ CORNER 7 MONTHS 480.00 678.00 41.25% 257 234 FARMERS' MARKET TIER 1 ‐ REGULAR 7 MONTHS 443.00 628.00 41.76% 258 235 FARMERS' MARKET TIER 2 ‐ REGULAR NO PARKING 7 MONTHS 266.00 528.00 98.50% 259 236 FARMERS' MARKET WINTER MARKET‐GARAGE DOOR DAILY 30.00 30.00 260 237 FARMERS' MARKET WINTER MARKET‐ SMALL TABLE DAILY 20.00 20.00 FARMERS' MARKET FACILITIES RENTAL ‐ 238 FARMERS' MARKET PER SESSION 250.00 350.00 9:00 AM TO 3:00 PM OR 4:00 PM TO 10:00 PM 40.00% 261 FACILITY A FARMERS' MARKET FACILITIES RENTAL ‐ 239 FARMERS' MARKET PER SESSION 250.00 350.00 9:00 AM TO 3:00 PM OR 4:00 PM TO 10:00 PM 40.00% 262 FACILITY B FARMERS' MARKET FACILITIES RENTAL ‐ 240 FARMERS' MARKET PER SESSION 250.00 350.00 9:00 AM TO 3:00 PM OR 4:00 PM TO 10:00 PM 40.00% 263 FACILITY C FARMERS' MARKET FACILITIES RENTAL ‐ 241 FARMERS' MARKET PER SESSION 100.00 150.00 9:00 AM TO 3:00 PM OR 4:00 PM TO 10:00 PM 50.00% 264 FACILITY D FARMERS' MARKET FACILITIES RENTAL ‐ 9:00 AM TO 1:00 PM OR 1:30 PM TO 5:30 PM OR 6:00 PM TO 10:00 242 FARMERS' MARKET PER SESSION 50.00 50.00 265 MARKET STAGE PM 243 FARMERS' MARKET SNAP/DOUBLE‐UP FOOD BUCKS ADMIN FEE 2% OF TRANSACTION 2.0% 5.0% FEE FOR COST OF TRANSACTION ADMINISTRATION 150.00% 266 DEALERS $50/PER YEAR INCREMENTAL MAX 244 FARMERS' MARKET 50.00 100.00 100.00% 267 $400.00 FOOD TRUCKS ‐ SATURDAY ELECTRICITY AND 268 245 Packet Page 44 FARMERS' MARKET OR WATER 0.00 10.00 *NEW FEE* A B C D E F G H I 1 CITY OF MUSKEGON 2 2023 USER FEES 3 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) 269 246 FARMERS' MARKET CONCESSION VENDORS PER STALL 0.00 50.00 *NEW FEE* FOOD TRUCKS ‐ SATURDAY ELECTRICITY AND 247 FARMERS' MARKET 0.00 10.00 *NEW FEE* 270 OR WATER KITCHEN USE ‐ PREP/TABLETOP ‐REGULAR 248 FARMERS' MARKET KITCHEN PER HOUR 12.00 14.00 16.67% 271 USER 249 FARMERS' MARKET KITCHEN KITCHEN USE ‐ PROCESSING ‐ REGULAR USER PER HOUR 15.00 18.00 20.00% 272 250 FARMERS' MARKET KITCHEN KITCHEN USE ‐ CATERING ‐ REGULAR USER PER HOUR 15.00 18.00 20.00% 273 251 FARMERS' MARKET KITCHEN KITCHEN DRY STORAGE SMALL ‐ MONTHLY PER MONTH 20.00 20.00 274 252 FARMERS' MARKET KITCHEN KITCHEN DRY STORAGE LARGE ‐ MONTHLY PER MONTH 0.00 30.00 *NEW FEE* 275 253 FARMERS' MARKET KITCHEN KITCHEN COOLER 1/2 SHELF ‐ MONTHLY PER MONTH 0.00 15.00 COOLER SPACE *NEW FEE* 276 254 FARMERS' MARKET KITCHEN KITCHEN FREEZER FULL SHELF ‐ MONTHLY PER MONTH 0.00 15.00 FREEZER SPACE *NEW FEE* 277 255 FARMERS' MARKET KITCHEN KITCHEN OTHER STORAGE PER MONTH 0.00 10.00 FREEZER SPACE *NEW FEE* 278 KITCHEN USE ‐ SECURITY DEPOSIT REGULAR DEPOSIT REFUNDED IF NO DAMAGE, KITCHEN IS CLEANED, 256 FARMERS' MARKET KITCHEN PER RENTAL 50.00 50.00 279 USER EQUIPMENT RETURNED, ETC. KITCHEN USE ‐APPLICATION FEE FOR 257 FARMERS' MARKET KITCHEN PER RENTAL 20.00 20.00 INCLUDES ONE KEY CARD 280 REGULAR USER KITCHEN USE ‐OCCASIONAL OR ONE TIME 258 FARMERS' MARKET KITCHEN PER HOUR 25.00 40.00 60.00% 281 USE KITCHEN USE ‐ SECURITY DEPOSIT DEPOSIT REFUNDED IF NO DAMAGE, KITCHEN IS CLEANED, 259 FARMERS' MARKET KITCHEN PER RENTAL 100.00 100.00 282 OCCASIONAL OR ONE TIME USE EQUIPMENT RETURNED, ETC KITCHEN USE ‐ APPLICATION FEE 260 FARMERS' MARKET KITCHEN PER RENTAL 20.00 20.00 283 OCCASIONAL OR ONE TIME USE 261 FARMERS' MARKET KITCHEN KITCHEN USE ‐ REPLACEMENT KEY PER CARD 10.00 10.00 284 CANCELLATION IS WITHOUT CHARGE IF MADE UP TO SEVEN DAYS 262 FARMERS MARKET KITCHEN CANCELLATION FEE PER OCCURRENCE IN ADVANCE; LESS THAN 7 DAYS NOTICE CHARGED THE FULL 285 RENTAL RATE 286 287 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) 288 263 FINANCE REPLACEMENT OF LOST PAYROLL CHECK EACH OCCURRENCE 25.00 25.00 289 264 FINANCE COPIES OF CITY BUDGET OR CAFR EACH 25.00 25.00 290 291 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) 292 265 FIRE FIRE REPORT COPY (MAJOR FIRE) EACH 15.00 15.00 293 266 FIRE FIRE REPORT COPY (REGULAR) EACH 5.00 5.00 267 FIRE PHOTOGRAPH REPRODUCTION (ENLARGED) EACH 12.00 12.00 294 295 268 FIRE PHOTOGRAPH REPRODUCTION (STD SIZE) EACH 15.00 15.00 269 FIRE PHOTOGRAPH REPRODUCTION (CD‐ROM) EACH 15.00 15.00 296 297 270 FIRE INSURANCE ADMINISTRATION ESCROW EACH INCIDENT 15.00 15.00 PLUS RELATED COURT COSTS 298 271 FIRE FIRE INSPECTION ADDITIONAL VISIT EACH INCIDENT 20.00 20.00 RE‐INSPECTION/REPAIR/COMPLAINT 299 272 FIRE ARSON FIRE RESTITUTION FEE PER HR ON CALL 50.00 50.00 PLUS RELATED COURT COSTS 300 273 FIRE FALSE ALARM FEE PER HR ON CALL 30.00 30.00 AFTER 3RD FALSE ALARM IN ONE YEAR 301 274 FIRE WILLFUL NEGLIGENCE FIRE FEE PER HR ON CALL 25.00 25.00 302 275 FIRE CONFINED SPACE RESCUE FEE PER HR ON CALL 100.00 100.00 303 276 FIRE ICE RESCUE CALL PER HR ON CALL 60.00 60.00 304 277 FIRE DOWNED POWER LINE PER HR 60.00 60.00 AFTER FIRST FIFTEEN MINUTES, PER HOUR RATE 305 278 FIRE SPECIAL USE PERMITS (PER UFC) EACH PER YEAR 25.00 25.00 279 FIRE STRUCTURE FIRE RESPONSE EACH 500.00 500.00 CHARGED TO OWNER'S INSURANCE (RESIDENTAL / COMMERCIAL) 306 307 280 FIRE PI ACCIDENT RESPONSE PER HR 60.00 60.00 CHARGED TO AT FAULT DRIVER'S AUTO INSURANCE COMPANY 308 309 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) 281 FLEA MARKET DEALERS SPACE ‐ CORNER COVERED SPACE DAILY 15.00 15.00 310 311 282 FLEA MARKET DEALERS SPACE ‐ 10 x 15 COVERED SPACE DAILY 12.00 12.00 283 FLEA MARKET DEALERS SPACE ‐ 10 x 30 ASHPHALT SPACE DAILY 10.00 10.00 312 313 314 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) DELINQUENT PAYMENT AGREEMENT 284 INCOME TAX EACH 15.00 15.00 PLUS RELATED PENALTIES & INTEREST 315 ADMINISTRATION FEE 316 317 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) 285 PUBLIC SAFETY ‐ BUILDING BUILDING CONTRACTOR REGISTRATION FEE EACH 15.00 25.00 66.67% 318 BUILDING DEMOLITION PERMIT 25% of Value; Min 25% of Value; Min 286 PUBLIC SAFETY ‐ BUILDING EACH #VALUE! 319 (COMMERCIAL) $120.00 $150.00 287 PUBLIC SAFETY ‐ BUILDING BUILDING DEMOLITION PERMIT (GARAGE) EACH 60.00 75.00 25.00% 320 BUILDING DEMOLITION PERMIT 288 PUBLIC SAFETY ‐ BUILDING EACH 120.00 150.00 25.00% 321 (RESIDENTIAL) 289 PUBLIC SAFETY ‐ BUILDING BUILDING PERMIT FEES ($1‐$1,000 VALUE) EACH 55.00 65.00 18.18% 322 BUILDING PERMIT FEES ($1,001‐$2,000 290 PUBLIC SAFETY ‐ BUILDING BASE 55.00 65.00 18.18% 323 VALUE) BUILDING PERMIT FEES ($1,000‐$2,000 291 PUBLIC SAFETY ‐ BUILDING EACH ADDITIONAL $100 3.50 3.50 324 VALUE) BUILDING PERMIT FEES ($2,001‐$25,000 292 PUBLIC SAFETY ‐ BUILDING BASE 92.75 92.75 325 VALUE) BUILDING PERMIT FEES ($2,001‐$25,000 293 PUBLIC SAFETY ‐ BUILDING EACH ADDITIONAL $1,000 15.38 15.38 326 VALUE) BUILDING PERMIT FEES ($25,001‐$50,000 294 PUBLIC SAFETY ‐ BUILDING BASE 463.00 463.00 327 VALUE) BUILDING PERMIT FEES ($25,001‐$50,000 295 PUBLIC SAFETY ‐ BUILDING EACH ADDITIONAL $1,000 11.50 11.50 328 VALUE) BUILDING PERMIT FEES ($50,001‐$100,000 296 PUBLIC SAFETY ‐ BUILDING BASE 753.00 753.00 329 VALUE) BUILDING PERMIT FEES ($50,001‐$100,000 297 PUBLIC SAFETY ‐ BUILDING EACH ADDITIONAL $1,000 8.00 8.00 330 VALUE) BUILDING PERMIT FEES ($100,001‐$500,000 298 PUBLIC SAFETY ‐ BUILDING BASE 1,150.00 1,150.00 331 VALUE) BUILDING PERMIT FEES ($100,001‐$500,000 299 PUBLIC SAFETY ‐ BUILDING EACH ADDITIONAL $1,000 6.40 6.40 332 VALUE) BUILDING PERMIT FEES ($500,001‐$1,000,000 300 PUBLIC SAFETY ‐ BUILDING BASE 3,731.00 3,731.00 333 VALUE) BUILDING PERMIT FEES ($500,001‐$1,000,000 334 301 Packet Page 45 PUBLIC SAFETY ‐ BUILDING VALUE) EACH ADDITIONAL $1,000 5.45 5.45 A B C D E F G H I 1 CITY OF MUSKEGON 2 2023 USER FEES 3 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) BUILDING PERMIT FEES (OVER $1,000,000 302 PUBLIC SAFETY ‐ BUILDING BASE 6,449.00 6,449.00 335 VALUE) BUILDING PERMIT FEES (OVER $1,000,000 303 PUBLIC SAFETY ‐ BUILDING EACH ADDITIONAL $1,000 4.15 4.15 336 VALUE) BUILDING PERMIT (INSPECTION‐SPECIAL. 304 PUBLIC SAFETY ‐ BUILDING PER HOUR 65.00 150.00 NO MINIMUM 130.77% 337 REINSPECTION, ETC.) BUILDING PERMIT (PRE‐MANUFACTURED 305 PUBLIC SAFETY ‐ BUILDING EACH 50.00% 50.00% OF REGULAR BUILDING PERMIT FEE 338 RESIDENTIAL STRUCTURE) BUILDING PLAN REVIEW FEE (INCL FIRE 306 PUBLIC SAFETY ‐ BUILDING PERMIT FEE 65.00% 65.00% OF APPLICABLE PERMIT FEE 339 REVIEW) CONSTRUCTION BOARD OF APPEALS 307 PUBLIC SAFETY ‐ BUILDING EACH 500.00 500.00 340 APPLICATION FEE 341 308 PUBLIC SAFETY ‐ BUILDING ELECTRICAL PERMIT (BASE PERMIT) BASE 65.00 75.00 15.38% ELECTRICAL PERMIT (BASEBOARD HEAT 309 PUBLIC SAFETY ‐ BUILDING EACH 9.00 9.00 342 UNITS) 343 310 PUBLIC SAFETY ‐ BUILDING ELECTRICAL PERMIT (CIRCUITS) EACH 6.00 6.00 344 311 PUBLIC SAFETY ‐ BUILDING ELECTRICAL PERMIT (DISHWASHER) EACH 9.00 9.00 ELECTRICAL PERMIT (ENERGY 312 PUBLIC SAFETY ‐ BUILDING EACH 45.00 45.00 345 RETROFIT/TEMP CONTROL) ELECTRICAL PERMIT (FEEDERS, BUS DUCTS, 313 PUBLIC SAFETY ‐ BUILDING EACH 50' 9.00 9.00 346 ETC.) ELECTRICAL PERMIT (FIRE ALARM 1‐10 314 PUBLIC SAFETY ‐ BUILDING EACH 75.00 75.00 347 DEVICES) ELECTRICAL PERMIT (FIRE ALARM 11‐20 315 PUBLIC SAFETY ‐ BUILDING EACH 150.00 150.00 348 DEVICES) ELECTRICAL PERMIT (FIRE ALARM EA. 316 PUBLIC SAFETY ‐ BUILDING EACH DEVICE 8.00 8.00 349 STATION OVER 20 DEV) ELECTRICAL PERMIT (FURNACE‐UNIT 317 PUBLIC SAFETY ‐ BUILDING EACH 9.00 9.00 350 HEATER) ELECTRICAL PERMIT (INSPECTION‐ 318 PUBLIC SAFETY ‐ BUILDING PER HOUR 45.00 45.00 MINIMUM 1 HOUR 351 ADDITIONAL) 352 319 PUBLIC SAFETY ‐ BUILDING ELECTRICAL PERMIT (INSPECTION‐FINAL) EACH 45.00 45.00 ELECTRICAL PERMIT (INSPECTION‐HOURLY 320 PUBLIC SAFETY ‐ BUILDING HOUR 60.00 60.00 MINIMUM 1 HOUR 353 FEE) ELECTRICAL PERMIT (INSPECTION‐ 321 PUBLIC SAFETY ‐ BUILDING HOUR 50.00 50.00 MINIMUM 1 HOUR 354 SPECIAL/SAFETY) 322 PUBLIC SAFETY ‐ BUILDING ELECTRICAL PERMIT (KVA OR HP UP TO 20) EACH 9.00 9.00 355 356 323 PUBLIC SAFETY ‐ BUILDING ELECTRICAL PERMIT (KVA & HP 21 TO 50) EACH 15.00 15.00 ELECTRICAL PERMIT (KVA & HP 50 AND 324 PUBLIC SAFETY ‐ BUILDING EACH 18.00 18.00 357 OVER) ELECTRICAL PERMIT (LIGHTING FIXTURES‐ 325 PUBLIC SAFETY ‐ BUILDING EACH 10.00 10.00 358 PER 25) ELECTRICAL PERMIT (METER 326 PUBLIC SAFETY ‐ BUILDING EACH 45.00 45.00 359 INSPECTION/POWER TURN‐ON) 360 327 PUBLIC SAFETY ‐ BUILDING ELECTRICAL PERMIT (MOBILE HOME SITE) EACH 9.00 9.00 ELECTRICAL PERMIT (POWER OUTLETS‐INC 328 PUBLIC SAFETY ‐ BUILDING EACH 10.00 10.00 361 RANGES, DRYERS) ELECTRICAL PERMIT (RECREATIONAL 329 PUBLIC SAFETY ‐ BUILDING EACH 8.00 8.00 362 VEHICLE SITE) ELECTRICAL PERMIT (SERVICES 0 TO 200 330 PUBLIC SAFETY ‐ BUILDING EACH 15.00 15.00 363 AMP) ELECTRICAL PERMIT (SERVICES 201 TO 600 331 PUBLIC SAFETY ‐ BUILDING EACH 20.00 20.00 364 AMP) ELECTRICAL PERMIT (SERVICES 601 TO 800 332 PUBLIC SAFETY ‐ BUILDING EACH 23.00 23.00 365 AMP) ELECTRICAL PERMIT (SERVICES 801 TO 1200 333 PUBLIC SAFETY ‐ BUILDING EACH 30.00 30.00 366 AMP) ELECTRICAL PERMIT (SERVICES OVER 1200 334 PUBLIC SAFETY ‐ BUILDING EACH 50.00 50.00 367 AMP/GFI ONLY) 368 335 PUBLIC SAFETY ‐ BUILDING ELECTRICAL PERMIT (SIGNS LETTER) EACH 15.00 15.00 369 336 PUBLIC SAFETY ‐ BUILDING ELECTRICAL PERMIT (SIGNS NEON) EACH 25' 2.00 2.00 370 337 PUBLIC SAFETY ‐ BUILDING ELECTRICAL PERMIT (SIGNS UNIT) EACH 10.00 10.00 ELECTRICAL PERMIT (SPECIAL 338 PUBLIC SAFETY ‐ BUILDING EACH 45.00 45.00 371 CONDUIT/GROUNDING) 372 339 PUBLIC SAFETY ‐ BUILDING ELECTRICAL PLAN REVIEW FEE EACH 25.00% 25.00% OF APPLICABLE PERMIT FEE 373 340 PUBLIC SAFETY ‐ BUILDING FIRE ALARM PLAN REVIEW FEE EACH 25.00% 25.00% OF PERMIT FEE FOR ANY SYSTEM OVER 10 DEVICES 374 341 PUBLIC SAFETY ‐ BUILDING GARAGE MOVING FEE EACH 200.00 200.00 342 PUBLIC SAFETY ‐ BUILDING BUILDING MOVING FEE (EXCEPT GARAGE) EACH 500.00 500.00 375 376 343 PUBLIC SAFETY ‐ BUILDING LIQUOR LICENSE INSPECTION FEE EACH 80.00 100.00 25.00% 377 344 PUBLIC SAFETY ‐ BUILDING LIQUOR LICENSE RE‐INSPECTION FEE EACH 50.00 50.00 MECHANICAL PERMIT (AIR HANDLERS‐ 345 PUBLIC SAFETY ‐ BUILDING EACH 20.00 20.00 378 COMMERCIAL HOODS) MECHANICAL PERMIT (AIR HANDLERS‐OVER 346 PUBLIC SAFETY ‐ BUILDING EACH 60.00 60.00 379 10,000 CFM) MECHANICAL PERMIT (AIR HANDLERS‐RES 347 PUBLIC SAFETY ‐ BUILDING EACH 5.00 5.00 380 BATH & KITCHEN) MECHANICAL PERMIT (AIR HANDLERS‐ 348 PUBLIC SAFETY ‐ BUILDING EACH 20.00 20.00 381 UNDER 10,000 CFM) MECHANICAL PERMIT (A/C & REFRIG‐ 349 PUBLIC SAFETY ‐ BUILDING EACH 30.00 30.00 382 CHILLER) MECHANICAL PERMIT (A/C & REFRIG‐ 350 PUBLIC SAFETY ‐ BUILDING EACH 30.00 30.00 383 COMPRESSOR) MECHANICAL PERMIT (A/C & REFRIG‐ 351 PUBLIC SAFETY ‐ BUILDING EACH 30.00 30.00 384 COOLING TOWERS) MECHANICAL PERMIT (A/C & REFRIG‐ 352 PUBLIC SAFETY ‐ BUILDING EACH 30.00 30.00 385 EVAPORATOR COILS) MECHANICAL PERMIT (A/C & REFRIG‐ 353 PUBLIC SAFETY ‐ BUILDING EACH 30.00 30.00 386 REFRIGERATION SPLIT SYSTEM) 387 354 PUBLIC SAFETY ‐ BUILDING MECHANICAL PERMIT (BASE PERMIT) EACH 65.00 75.00 15.38% MECHANICAL PERMIT (FIRE 355 PUBLIC SAFETY ‐ BUILDING PER FOOT 0.10 0.10 $25.00 MINIMUM FEE 388 SUPPRESSION/DUCT) MECHANICAL PERMIT (FIRE 356 PUBLIC SAFETY ‐ BUILDING PER FOOT 0.10 0.10 $25.00 MINIMUM FEE 389 SUPPRESSION/PIPING) MECHANICAL PERMIT (FIRE 357 PUBLIC SAFETY ‐ BUILDING EACH 150.00 150.00 390 SUPPRESSION/RESTAURANT HOODS) MECHANICAL PERMIT (FIRE 358 PUBLIC SAFETY ‐ BUILDING PER HEAD 0.75 0.75 $20.00 MINIMUM FEE 391 SUPPRESSION/SPRINKLER HEADS) MECHANICAL PERMIT (HEAT RECOVERY 359 PUBLIC SAFETY ‐ BUILDING EACH 10.00 10.00 392 UNITS/THRU‐WALL FAN COILS) MECHANICAL PERMIT (HEATING‐BOILER 360 PUBLIC SAFETY ‐ BUILDING EACH 10.00 10.00 393 CONTROLS, PUMPS) 361 PUBLIC SAFETY ‐ BUILDING MECHANICAL PERMIT (HEATING‐BOILERS) EACH 30.00 30.00 394 MECHANICAL PERMIT (HEATING‐CHIMNEY, 362 PUBLIC SAFETY ‐ BUILDING EACH 25.00 25.00 395 FACTORY BUILT) MECHANICAL PERMIT (HEATING‐FLUE/VENT 363 PUBLIC SAFETY ‐ BUILDING EACH 8.00 8.00 396 DAMPER) MECHANICAL PERMIT (HEATING‐GAS FIRE 364 PUBLIC SAFETY ‐ BUILDING EACH 20.00 20.00 397 PLACES) MECHANICAL PERMIT (HEATING‐GAS PIPE 365 PUBLIC SAFETY ‐ BUILDING EACH 45.00 45.00 398 TESTING NEW SERVICE) 399 366 Packet Page 46 PUBLIC SAFETY ‐ BUILDING MECHANICAL PERMIT (HEATING‐GAS PIPING EACH OPENING) EACH 5.00 5.00 A B C D E F G H I 1 CITY OF MUSKEGON 2 2023 USER FEES 3 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) MECHANICAL PERMIT (HEATING‐GAS/OIL 367 PUBLIC SAFETY ‐ BUILDING EACH 30.00 30.00 400 BURNING EQUIPMENT) MECHANICAL PERMIT (HEATING‐HEAT 368 PUBLIC SAFETY ‐ BUILDING EACH 30.00 30.00 401 PUMPS COMMERCIAL) MECHANICAL PERMIT (HEATING‐HEAT 369 PUBLIC SAFETY ‐ BUILDING EACH 30.00 30.00 402 PUMPS, COMPLETE RESIDENT) MECHANICAL PERMIT (HEATING‐HEAT 370 PUBLIC SAFETY ‐ BUILDING EACH 30.00 30.00 403 PUMPS, COMPLETE RESIDENT) MECHANICAL PERMIT (HEATING‐ 371 PUBLIC SAFETY ‐ BUILDING EACH 30.00 30.00 404 RESIDENTIAL A/C) MECHANICAL PERMIT (HEATING‐ 372 PUBLIC SAFETY ‐ BUILDING EACH 50.00 50.00 405 RESIDENTIAL SYSTEM) MECHANICAL PERMIT (HEATING‐SOLAR, SET 373 PUBLIC SAFETY ‐ BUILDING EACH 20.00 20.00 406 OF 3 PANELS) MECHANICAL PERMIT (HEATING‐SOLID FUEL 374 PUBLIC SAFETY ‐ BUILDING EACH 30.00 30.00 407 EQUIPMENT COMPLETE) MECHANICAL PERMIT (HEATING‐WATER 375 PUBLIC SAFETY ‐ BUILDING EACH 10.00 10.00 408 HEATER) 409 376 PUBLIC SAFETY ‐ BUILDING MECHANICAL PERMIT (HUMIDIFIERS) EACH 10.00 10.00 MECHANICAL PERMIT (INSPECTION‐ 377 PUBLIC SAFETY ‐ BUILDING EACH 45.00 45.00 410 ADDITIONAL) 378 PUBLIC SAFETY ‐ BUILDING MECHANICAL PERMIT (INSPECTION‐FINAL) EACH 45.00 45.00 411 MECHANICAL PERMIT (INSPECTION‐HOURLY 379 PUBLIC SAFETY ‐ BUILDING EACH 60.00 60.00 412 RATE) MECHANICAL PERMIT (INSPECTION‐ 380 PUBLIC SAFETY ‐ BUILDING EACH 50.00 50.00 413 SPECIAL/SAFETY) MECHANICAL PERMIT (INSPECTION‐TURN 381 PUBLIC SAFETY ‐ BUILDING EACH 45.00 45.00 414 ON GAS) MECHANICAL PERMIT (PROCESS 382 PUBLIC SAFETY ‐ BUILDING EACH 5.00 5.00 415 PIPING/HAZARDOUS 1‐4 OUTLETS) MECHANICAL PERMIT (PROCESS 383 PUBLIC SAFETY ‐ BUILDING PER OUTLET 1.00 1.00 416 PIPING/HAZARDOUS 5+ MORE OUTLETS) MECHANICAL PERMIT (PROCESS 384 PUBLIC SAFETY ‐ BUILDING EACH 2.00 2.00 417 PIPING/NON‐HAZARDOUS 1‐4 OUTLETS) MECHANICAL PERMIT (PROCESS 385 PUBLIC SAFETY ‐ BUILDING PER OUTLET 0.50 0.50 418 PIPING/NON‐HAZARDOUS 5+ OUTLETS) MECHANICAL PERMIT (ROOFTOP HVAC 386 PUBLIC SAFETY ‐ BUILDING EACH 60.00 60.00 419 UNIT) MECHANICAL PERMIT (TANKS‐ 387 PUBLIC SAFETY ‐ BUILDING EACH 20.00 20.00 420 ABOVEGROUND) MECHANICAL PERMIT (TANKS‐ 388 PUBLIC SAFETY ‐ BUILDING EACH 25.00 25.00 421 UNDERGROUND) MECHANICAL PERMIT (UNIT 389 PUBLIC SAFETY ‐ BUILDING EACH 15.00 15.00 422 HEATERS/TERMINAL UNITS) 390 PUBLIC SAFETY ‐ BUILDING MECHANICAL PERMIT (UNIT VENTILATORS) EACH 10.00 10.00 423 424 391 PUBLIC SAFETY ‐ BUILDING MECHANICAL PLAN REVIEW FEE EACH 25.00% 25.00% OF APPLICABLE PERMIT FEE 425 392 PUBLIC SAFETY ‐ BUILDING PLUMBING PERMIT (BASE PERMIT) EACH 65.00 75.00 15.38% PLUMBING PERMIT (CONNECTION BLDG. 393 PUBLIC SAFETY ‐ BUILDING EACH 9.00 9.00 426 DRAIN; SEWERS AT STREET) PLUMBING PERMIT (FIXTURES, FLOOR 394 PUBLIC SAFETY ‐ BUILDING EACH 9.00 9.00 427 DRAINS, LAB DEVICES) PLUMBING PERMIT (INSPECTION 395 PUBLIC SAFETY ‐ BUILDING EACH 45.00 45.00 428 ADDITIONAL) 429 396 PUBLIC SAFETY ‐ BUILDING PLUMBING PERMIT (INSPECTION FINAL) EACH 45.00 45.00 PLUMBING PERMIT (INSPECTION HOURLY 397 PUBLIC SAFETY ‐ BUILDING EACH 60.00 60.00 MINIMUM TWO HOURS 430 FEE) PLUMBING PERMIT (INSPECTION 398 PUBLIC SAFETY ‐ BUILDING EACH 50.00 50.00 431 SPECIAL/SAFETY) PLUMBING PERMIT (MANHOLES‐ 399 PUBLIC SAFETY ‐ BUILDING EACH 10.00 10.00 432 CATCHBASINS) PLUMBING PERMIT (MEDICAL GAS 400 PUBLIC SAFETY ‐ BUILDING PER OUTLET 8.00 8.00 433 INSTALLATION) PLUMBING PERMIT (REDUCED PRESSURE 401 PUBLIC SAFETY ‐ BUILDING EACH 10.00 10.00 434 BACKFLOW PREVENTER 1/4" TO 2") PLUMBING PERMIT (REDUCED PRESSURE 402 PUBLIC SAFETY ‐ BUILDING EACH 20.00 20.00 435 BACKFLOW PREVENTER OVER 2") PLUMBING PERMIT (SEWAGE SUMPS & 403 PUBLIC SAFETY ‐ BUILDING EACH 10.00 10.00 436 EJECTORS) PLUMBING PERMIT (SEWERS‐SANITARY OR 404 PUBLIC SAFETY ‐ BUILDING EACH 25.00 25.00 437 STORM OVER 6") PLUMBING PERMIT (SEWERS‐SANITARY OR 405 PUBLIC SAFETY ‐ BUILDING EACH 10.00 10.00 438 STORM UNDER 6") PLUMBING PERMIT (STACKS, VENTS, 406 PUBLIC SAFETY ‐ BUILDING EACH 6.00 6.00 439 CONDUCTORS) 440 407 PUBLIC SAFETY ‐ BUILDING PLUMBING PERMIT (SUB‐SOIL DRAINS) EACH 9.00 9.00 PLUMBING PERMIT (WATER DISTRIBUTION 408 PUBLIC SAFETY ‐ BUILDING EACH 30.00 30.00 441 SYSTEM‐‐1‐1/2") PLUMBING PERMIT (WATER DISTRIBUTION 409 PUBLIC SAFETY ‐ BUILDING EACH 23.00 23.00 442 SYSTEM‐‐1‐1/4") PLUMBING PERMIT (WATER DISTRIBUTION 410 PUBLIC SAFETY ‐ BUILDING EACH 15.00 15.00 443 SYSTEM‐‐1") PLUMBING PERMIT (WATER DISTRIBUTION 411 PUBLIC SAFETY ‐ BUILDING EACH 38.00 38.00 444 SYSTEM‐‐2") PLUMBING PERMIT (WATER DISTRIBUTION 412 PUBLIC SAFETY ‐ BUILDING EACH 8.00 8.00 445 SYSTEM‐‐3/4") PLUMBING PERMIT (WATER DISTRIBUTION 413 PUBLIC SAFETY ‐ BUILDING EACH 45.00 45.00 446 SYSTEM‐‐OVER 2") PLUMBING PERMIT (WATER SERVICE 2" TO 414 PUBLIC SAFETY ‐ BUILDING EACH 25.00 25.00 447 6") PLUMBING PERMIT (WATER SERVICE LESS 415 PUBLIC SAFETY ‐ BUILDING EACH 10.00 10.00 448 THAN 2") PLUMBING PERMIT (WATER SERVICE OVER 416 PUBLIC SAFETY ‐ BUILDING EACH 50.00 50.00 449 6") 450 417 PUBLIC SAFETY ‐ BUILDING PLUMBING PLAN REVIEW FEE EACH 25.00% 25.00% OF APPLICABLE PERMIT FEE PLUMBING PERMIT (GREASE TRAP 418 PUBLIC SAFETY ‐ BUILDING EACH 45.00 45.00 451 INSPECTION) PROPERTY MAINTENANCE CODE APPEAL 419 PUBLIC SAFETY ‐ BUILDING EACH 100.00 100.00 452 APPLICATION FEE ROOFING PERMIT (RE‐ROOF OVER OLD 420 PUBLIC SAFETY ‐ BUILDING PER SQUARE 150.00 150.00 453 ROOF/1LAYERS MAX) 454 421 PUBLIC SAFETY ‐ BUILDING ROOFING PERMIT (STRIP THEN RE‐ROOF) PER SQUARE 250.00 250.00 ROOFING PERMIT (STRIP, RE‐SHEET, THEN RE‐ 422 PUBLIC SAFETY ‐ BUILDING PER SQUARE 300.00 300.00 455 ROOF) 456 423 PUBLIC SAFETY ‐ BUILDING Telecommunications Outlets 1 ‐ 10 Outlets 50.00 50.00 457 424 PUBLIC SAFETY ‐ BUILDING Telecommunications Outlets 11 ‐ 20 Outlets 100.00 100.00 458 425 PUBLIC SAFETY ‐ BUILDING Telecommunications Outlets Over 20 Outlets ‐ Per Outlet 2.00 2.00 459 460 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) 461 426 MARINA 30 FOOT SLIP EACH 2,310.00 2,580.00 5% DISCOUNT IS GIVEN IF FEE PAID IN FULL BY JANUARY 31ST 11.69% 462 427 MARINA 40 FOOT SLIP EACH 3,080.00 3,440.00 5% DISCOUNT IS GIVEN IF FEE PAID IN FULL BY JANUARY 31ST 11.69% 463 428 Packet Page 47 MARINA 60 FOOT SLIP EACH 4,080.00 4,620.00 5% DISCOUNT IS GIVEN IF FEE PAID IN FULL BY JANUARY 31ST 13.24% A B C D E F G H I 1 CITY OF MUSKEGON 2 2023 USER FEES 3 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) HARD ACCESS (SLIPS 37‐46, 69) UNDER 27' 429 MARINA EACH 1,800.00 1,800.00 464 ONLY 465 430 MARINA CLASS A MOORING EACH 583.00 583.00 5% DISCOUNT IS GIVEN IF FEE PAID IN FULL BY JANUARY 31ST 466 431 MARINA DAILY LAUNCH RAMP EACH 10.00 10.00 467 432 MARINA SEASONAL LAUNCH RAMP STICKER RESIDENT 50.00 50.00 468 433 MARINA SEASONAL LAUNCH RAMP STICKER NON‐RESIDENT 70.00 70.00 SEASONAL LAUNCH RAMP STICKER 434 MARINA RESIDENT 30.00 30.00 469 (SENIOR/HANDICAPPED) SEASONAL LAUNCH RAMP STICKER 435 MARINA NON‐RESIDENT 45.00 45.00 470 (SENIOR/HANDICAPPED) 471 436 MARINA END OF SEASON LAUNCH RAMP PERMIT EACH 30.00 30.00 SOLD AFTER SEPTEMBER 15 MINIMUM ‐ FEE CHARGED BASED ON TRANSIENT VESSEL RATES 437 MARINA END OF SEASON LATE REMOVAL FEE PER DAY MINIMUM 32.00 44.00 37.50% 472 (VESSEL LENGTH) PER STATE DNR 473 438 MARINA SHOPPERS DOCK EACH 10.00 10.00 $10 PER 3 HOURS, 35' DOCKS ONLY 474 475 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) 476 439 PLANNING PRECINCT MAPS (LARGE) EACH 30.00 30.00 MASTER PLAN COPY (CITY, DDA, LDFA) ‐ 440 PLANNING EACH 130.00 130.00 HARD COPY 477 COLOR MASTER PLAN COPY (CITY, DDA, LDFA) ‐ B & 441 PLANNING EACH 35.00 35.00 HARD COPY 478 W 479 442 PLANNING DOWNTOWN PLAN COPY EACH 30.00 30.00 HARD COPY MASTER PLAN COPY (CITY, DDA, LDFA) ‐ 443 PLANNING EACH 15.00 15.00 PROVIDED ON CD 480 COLOR MASTER PLAN COPY (CITY, DDA, LDFA) ‐ B & 444 PLANNING EACH 15.00 15.00 PROVIDED ON CD 481 W 482 445 PLANNING DOWNTOWN PLAN COPY EACH 15.00 15.00 PROVIDED ON CD OPRA, COMMERCIAL REHAB, COMMERCIAL 446 PLANNING EACH 1,000.00 1,000.00 2021 FEES WERE 1,000 483 REDEVELOPMENT 484 447 PLANNING CRITICAL DUNE EACH 1500‐2500 1500‐2500 BASED ON CONSULTANT FEES RANGES OBSOLETE PROPERTY REHAB FILING & 448 PLANNING EACH 2% OF ABATED TAXES (WHICHEVER IS LESS ‐ MINIMUM $500) 485 MONITORING FEE 486 449 PLANNING NEZ APPLICATION FEE EACH 50.00 50.00 487 450 PLANNING IFT/CFT APPLICATION FEE EACH 2% OF ABATED TAXES, NOT TO EXCEED $1,722 IFT/CFT/OPRA/COMMERCIAL REHAB 451 PLANNING DISTRICT ESTABLISHMENT IF ON A SEPARATE EACH 500.00 500.00 488 MEETING FROM CERTIFICATE 489 452 PLANNING PERSONAL PROPERTY ABATEMENT FEE EACH 2% OF ABATED TAXES (WHICHEVER IS LESS ‐ MINIMUM $400) COMMERCIAL REHAB FILING/MONITORING 453 PLANNING EACH 2% OF ABATED TAXES (WHICHEVER IS LESS ‐ MINIMUM $500) 490 FEE GROUNDWATER ORDINANCE APPLICATION 454 PLANNING EACH 1,000.00 1,000.00 491 FEE BROWNFIELD DEVELOPMENT APPLICATION 455 PLANNING EACH 5,000.00 5,000.00 IF TAX CAPTURE FEE BASED ON ACTUAL COSTS 492 FEE 493 456 PLANNING PARKS AND RECREATION PLAN EACH 30.00 30.00 HARD COPY 457 PLANNING DOWNTOWN RESIDENTIAL PARKING PASS EACH 50.00 50.00 494 495 458 PLANNING PARKS AND RECREATION PLAN EACH 15.00 15.00 CD 496 497 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) POLICE REPORTS ‐ ACCIDENT & OFFENSE 459 POLICE EACH 0.25 0.25 498 (EACH ADDITIONAL PAGE) POLICE REPORTS ‐ ACCIDENT & OFFENSE 460 POLICE EACH 5.50 5.50 499 (FIRST PAGE) 461 POLICE BIKE REGISTRATION (CHANGE OWNERSHIP) EACH 2.00 2.00 500 501 462 POLICE BIKE REGISTRATION (DUPLICATE) EACH 1.00 1.00 502 463 POLICE BIKE REGISTRATION (ENGRAVING) EACH 0.00 0.00 NO CHARGE 503 464 POLICE BIKE REGISTRATION (NEW) EACH 2.00 2.00 504 465 POLICE CITATION COPY EACH 5.50 5.50 505 466 POLICE FALSE ALARM FEE (4TH IN YEAR) EACH 30.00 30.00 506 467 POLICE FALSE ALARM FEE (5TH IN YEAR) EACH 60.00 60.00 468 POLICE FALSE ALARM FEE (6TH OR MORE IN YEAR) EACH 75.00 75.00 507 INCLUDES $1.00 COST TO PROVIDE OWNER COPY OF INFORMATION 469 POLICE LICENSE TO PURCHASE FEE EACH 6.00 6.00 508 AND $5.00 NOTARY FEE LIQUOR ‐ SPECIAL LICENSE ‐ NEW EVENT (45 470 POLICE EACH 150.00 150.00 509 DAYS PRIOR TO EVENT) LIQUOR ‐ SPECIAL LICENSE ‐ RETURN EVENT, 471 POLICE OUTSIDE CITY RATE (45 DAYS PRIOR TO EACH 125.00 125.00 510 EVENT) LIQUOR ‐ SPECIAL LICENSE ‐ RETURN EVENT, 472 POLICE EACH 75.00 75.00 IN CITY RATE (45 DAYS PRIOR TO EVENT) 511 LIQUOR ‐ SPECIAL LICENSE (15 ‐ 44 DAYS 473 POLICE EACH 250.00 250.00 512 PRIOR TO EVENT) (ALL) LIQUOR ‐ SPECIAL LICENSE (UNDER 15 DAYS 474 POLICE EACH NOT ISSUED NOT ISSUED 513 PRIOR TO EVENT) LIQUOR ‐ TEMPORARY EXISTING 475 POLICE ESTABLISHMENT LICENSE (45 DAYS PRIOR TO EACH 40.00 40.00 514 EVENT) LIQUOR ‐ TEMPORARY EXISTING 476 POLICE ESTABLISHMENT LICENSE (15 ‐ 44 DAYS EACH 60.00 60.00 515 PRIOR TO EVENT) LIQUOR ‐ TEMPORARY EXISTING 477 POLICE ESTABLISHMENT LICENSE (UNDER 15 DAYS EACH NOT ISSUED NOT ISSUED 516 PRIOR TO EVENT) LIQUOR ‐ TEMPORARY EXISTING CLUB 478 POLICE EACH 40.00 40.00 517 LICENSE (45 DAYS PRIOR TO EVENT) LIQUOR ‐ TEMPORARY EXISTING CLUB 479 POLICE LICENSE (15 ‐ 44 DAYS PRIOR TO EVENT) EACH 60.00 60.00 518 (ALL) LIQUOR ‐ TEMPORARY EXISTING CLUB 480 POLICE EACH NOT ISSUED NOT ISSUED LICENSE (UNDER 15 DAYS PRIOR TO EVENT) 519 520 481 POLICE OUIL COST RECOVERY FEE EACH ACTUAL COSTS ACTUAL COSTS 482 POLICE PHOTOGRAPH REPRODUCTION (ENLARGED) EACH 15.00 15.00 521 522 483 POLICE PHOTOGRAPH REPRODUCTION (STD SIZE) EACH 10.00 10.00 484 POLICE PHOTOGRAPH REPRODUCTION (CD‐ROM) EACH 5.00 5.00 523 524 485 POLICE PRELIMINARY BREATH TEST EACH 5.00 5.00 FOR COURT/PROBATION ORDERED TEST 525 486 POLICE VIN INSPECTION EACH 30.00 30.00 526 487 POLICE VEHICLE IMPOUND FEE EACH 55.00 55.00 488 POLICE VEHICLE IMPOUND FEE (COURT‐ORDERED) EVERY 30 DAYS 55.00 55.00 527 BILL OF SALE PAPERWORK FROM AUCTION 489 POLICE EACH 50.00 50.00 528 REDO 490 POLICE PAPER DRIVERS LICENSE FOR OUIL ARREST EACH 10.00 10.00 529 530 491 Packet Page 48 POLICE TEMPORARY LICENSE PAPER PLATE EACH 10.00 10.00 A B C D E F G H I 1 CITY OF MUSKEGON 2 2023 USER FEES 3 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) 531 532 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) DELIVERY/PICK‐UP NOT INCLUDED. ADDITIONAL COSTS FOR LABOR 492 SPECIAL EVENTS PARKS (WOOD SNOW FENCE RENTAL) EACH 30.00 30.00 ($60.00/HR)AND VEHICLE RENTAL WILL APPLY IF DELEVERY OR PICK‐ 533 UP IS REQUIRED DELIVERY/PICK‐UP NOT INCLUDED. ADDITIONAL COSTS FOR LABOR 493 SPECIAL EVENTS CITY SERVICES (55‐GAL METAL TRASH CANS) EACH 5.00 5.00 ($60.00/HR)AND VEHICLE RENTAL WILL APPLY IF DELEVERY OR PICK‐ 534 UP IS REQUIRED DELIVERY/PICK‐UP NOT INCLUDED. ADDITIONAL COSTS FOR LABOR 494 SPECIAL EVENTS CITY SERVICES RENTAL OF POSTS EACH POST 3.00 3.00 ($60.00/HR)AND VEHICLE RENTAL WILL APPLY IF DELEVERY OR PICK‐ 535 UP IS REQUIRED DELIVERY/PICK‐UP NOT INCLUDED. ADDITIONAL COSTS FOR LABOR 495 SPECIAL EVENTS CITY SERVICES (PICNIC TABLES) EACH 10.00 10.00 ($60.00/HR)AND VEHICLE RENTAL WILL APPLY IF DELEVERY OR PICK‐ 536 UP IS REQUIRED FILM & MUSIC EVENTS ADMINISTRATION 496 SPECIAL EVENTS EACH 50.00 50.00 537 FEE 538 497 SPECIAL EVENTS SPEICAL EVENTS HYDRANT USAGE PER HYDRANT 100.00 100.00 THIS RATE INCLUDES INSTALLATION/REMOVAL AND TESTING SPECIAL EVENTS APPLICATION FEE FOR PEAK APPLICATIONS SUBMITTED PRIOR TO APRIL 15 WILL RECEIVE 50% 498 SPECIAL EVENTS SEASON EVENTS (4/15‐9/30) SUBMITTED AT EACH 100.00 100.00 DISCOUNT OFF REGULAR FEE. LEAST 60 DAYS PRIOR TO DATE OF EVENT 539 SPECIAL EVENTS APPLICATION FEE FOR PEAK APPLICATIONS SUBMITTED PRIOR TO APRIL 15 WILL RECEIVE 50% 499 SPECIAL EVENTS SEASON EVENTS (4/15‐9/30) SUBMITTED 45‐ EACH 250.00 250.00 DISCOUNT OFF REGULAR FEE. 59 DAYS PRIOR TO DATE OF EVENT 540 SPECIAL EVENTS APPLICATION FEE FOR PEAK APPLICATIONS SUBMITTED PRIOR TO APRIL 15 WILL RECEIVE 50% 500 SPECIAL EVENTS SEASON EVENTS (4/15‐9/30) SUBMITTED 30‐ EACH 400.00 400.00 DISCOUNT OFF REGULAR FEE. 44 DAYS PRIOR TO DATE OF EVENT 541 SPECIAL EVENTS APPLICATION FEE FOR OFF SEASON EVENTS (1/1‐4/14 & 10/1‐12/31) 501 SPECIAL EVENTS EACH 100.00 100.00 SUBMITTED AT LEAST 60 DAYS PRIOR TO 542 DATE OF EVENT SPECIAL EVENTS APPLICATION FEE FOR OFF SEASON EVENTS (1/1‐4/14 & 10/1‐12/31) 502 SPECIAL EVENTS EACH 200.00 200.00 SUBMITTED 45‐59 DAYS PRIOR TO DATE OF 543 EVENT SPECIAL EVENTS APPLICATION FEE FOR OFF SEASON EVENTS (1/1‐4/14 & 10/1‐12/31) 503 SPECIAL EVENTS EACH 300.00 300.00 SUBMITTED 30‐44DAYS PRIOR TO DATE OF 544 EVENT SPECIAL EVENTS APPLICATION FEE FOR OFF SEASON EVENTS (1/1‐4/14 & 10/1‐12/31) 504 SPECIAL EVENTS EACH 400.00 400.00 SUBMITTED LESS THAN 30 DAYS PRIOR TO 545 DATE OF EVENT CITY SERVICES (POLICE OFFICER ‐ STRAIGHT 505 SPECIAL EVENTS PER HOUR 40.00 40.00 546 TIME) CITY SERVICES (POLICE OFFICER ‐ 1.5 506 SPECIAL EVENTS PER HOUR 60.00 60.00 547 OVERTIME) CITY SERVICES (POLICE OFFICER ‐ TRIPLE 507 SPECIAL EVENTS PER HOUR 120.00 120.00 548 OVERTIME) 508 SPECIAL EVENTS PLASTIC TRASH BAGS (1 CASE) EACH 40.00 40.00 549 CITY SERVICES TRUCK/TRAILER RENTAL MAY 509 SPECIAL EVENTS BE CHARGED TRANSPORTATION OF PER HOUR 60.00 60.00 550 BARRICADES, CONES, TABLES & ETC 510 SPECIAL EVENTS HACKLEY PARK QUADRANT RENTAL EACH 50.00 50.00 551 511 SPECIAL EVENTS HARBOUR TOWNE BEACH USER FEE PER EVENT 1,500.00 1,500.00 552 512 SPECIAL EVENTS TRAIL BICYCLE/WALKING PATHS PER EVENT 200.00 200.00 553 513 SPECIAL EVENTS Road Closure PER BLOCK 0.00 50.00 Fee applies when road is closed beyond 2 blocks *NEW FEE* 554 555 556 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) DUPLICATE TAX BILL COPY (COMPUTER 514 TREASURER EACH 2.00 2.00 557 PRINTOUT) PROPERTY TAX PROJECTION/ESTIMATE 515 TREASURER EACH 20.00 20.00 558 LETTER 559 516 TREASURER NSF CHECK/NSF ACH HANDLING CHARGE EACH 35.00 35.00 TAX RECEIPT INQUIRY (LESS THAN 3 YEARS 517 TREASURER EACH 3.00 3.00 560 OLD) TAX RECEIPT INQUIRY (MORE THAN 3 YEARS 518 TREASURER EACH 3.00 3.00 561 OLD) TRANSACTION SERVICE FEE (PAYMENTS 519 TREASURER EACH 2.00 2.00 562 MADE AT WINDOWW/O BILL) TRANSACTION ADMINISTRATIVE FEE (CREDIT 520 TREASURER EACH 5.00 5.00 563 CARD PAYMENTS BY PHONE) PETTY CASH NUISANCE FEE (FAILURE TO 521 TREASURER EACH 5.00 5.00 564 RETURN RECEIPTS IN TIMELY FASHION) PROPERTY TAX ROLL ON CD‐ROM OR 522 TREASURER EACH 125.00 125.00 565 ELECTRONIC FILE PROPERTY TAX LIEN INQUIRY/LOOKUP 523 TREASURER EACH 35.00 35.00 PAYMENT IN ADVANCE W/CREDIT CARD REQUIRED 566 (PERFORMED BY CITY STAFF) PROPERTY TAX LIEN INQUIRY/LOOKUP (SELF‐ 524 TREASURER EACH 20.00 20.00 567 HELP INTERNET LOOKUP) PENALTY ASSESSMENT ON DELINQUENT 525 TREASURER EACH 3.0% 3.0% 568 TAXES 526 TREASURER PROPERTY TAX ADMINISTRATION FEE (PTAF) EACH 1.0% 1.0% 569 570 527 TREASURER LANDLORD'S AFFIDAVIT FILING EACH 500.00 500.00 571 528 TREASURER CREDIT CARD CONVENIENCE FEE EACH 2.8% 2.8% 572 573 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) 574 529 WATER FILTRATION WATER TEST SAMPLE PER SAMPLE 80.00 80.00 COVERS STAFF TIME AND LAB WORK 575 530 WATER‐SEWER DELINQUENT PAYMENT PENALTY PAST DUE BALANCE 10.00% 10.00% DELINQUENT PAYMENT PENALTY (TAX LIEN GREATER OF 20% GREATER OF 20% 531 WATER‐SEWER PAST DUE BALANCE 576 FEE) OR $25.00 OR $25.00 HYDRANT SERVICE (MAXIMUM 30 DAY) 532 WATER‐SEWER EACH 50.00 50.00 $400.00 REFUNDABLE DEPOSIT ALSO REQUIRED 577 CONNECTION CHARGE INSTALLATION OF STUB LINE TO PROPERTY 533 WATER‐SEWER EACH 1,200.00 1,200.00 INCLUDES REPAIR AND POSSIBLE REPLACEMENT OF SERVICE 578 LINE (SEWER PERMIT) METER REPLACEMENT AT OWNER'S 534 WATER‐SEWER EACH ACTUAL COSTS ACTUAL COSTS 579 REQUEST 580 535 WATER‐SEWER METER RESET AT OWNER'S REQUEST EACH 35.00 35.00 581 536 WATER‐SEWER METER TEST EACH 35.00 35.00 582 537 Packet Page 49 WATER‐SEWER MISSED METER APPOINTMENT EACH 25.00 25.00 A B C D E F G H I 1 CITY OF MUSKEGON 2 2023 USER FEES 3 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) 538 WATER‐SEWER TEMPORARY (MINIMUM 30 DAY) SERVICE EACH 25.00 25.00 583 FIRST VISIT IS FREE ‐ FEE CHARGED PER VISIT AFTER FIRST ONE EACH 539 WATER‐SEWER THAWING WATER/SEWER LINE EACH 200.00 200.00 584 SEASON 585 540 WATER‐SEWER TURN ON CHARGE (AFTER HOURS) EACH 100.00 100.00 CALL IN MINIMUM 3 HOURS 586 541 WATER‐SEWER TURN ON CHARGE (REGULAR HOURS) EACH 40.00 40.00 587 542 WATER‐SEWER TURN ON CHARGE (SEASONAL USE) EACH 12.50 12.50 TURN ON CHARGE (MISSED APPOINTMENT ‐ 543 WATER‐SEWER EACH 40.00 40.00 588 SAME DAY TURN ON) FEE APPLIED TO SEWER PERMIT IF PROBLEM IS IN THE CITY'S 544 WATER‐SEWER TV SEWER LATERAL EACH 100.00 100.00 589 PORTION OF SYSTEM UNAUTHORIZED WATER USE OR TAMPERING 545 WATER‐SEWER EACH 200.00 200.00 590 (MINIMUM CHARGE) UNAUTHORIZED WATER USE (ADDITIONAL 546 WATER‐SEWER PER DAY 20.00 20.00 591 CHARGE FOR CONT'D USE) BACKFLOW PREVENTER DEVICE 547 WATER‐SEWER ANNUAL FEE‐EACH DEVICE 10.00 10.00 592 REGISTRATION/AUDIT FEE WATER SERVICE TRUNKAGE FEE ‐ 5/8" OR 548 WATER‐SEWER EACH 1,500.00 1,500.00 593 3/4" 594 549 WATER‐SEWER WATER SERVICE TRUNKAGE FEE ‐ 1" EACH 2,500.00 2,500.00 WATER SERVICE TRUNKAGE FEE ‐ 1‐1/4" OR 550 WATER‐SEWER EACH 4,500.00 4,500.00 595 1‐1/2" 596 551 WATER‐SEWER WATER SERVICE TRUNKAGE FEE ‐ 2" EACH 7,300.00 7,300.00 597 552 WATER‐SEWER WATER SERVICE TRUNKAGE FEE ‐ 3" EACH 12,800.00 12,800.00 598 553 WATER‐SEWER WATER SERVICE TRUNKAGE FEE ‐ 4" EACH 20,000.00 20,000.00 599 554 WATER‐SEWER WATER SERVICE TRUNKAGE FEE ‐ 6" EACH 40,000.00 40,000.00 WATER SERVICE TRUNKAGE FEE ‐ GREATER 555 WATER‐SEWER EACH VARIABLE VARIABLE BASED ON CALCULATED CAPACITY VARIABLE 600 THAN 6" 601 556 WATER‐SEWER FIRELINE SERVICE TRUNKAGE FEE 2" EACH 0.00 0.00 TIME & MATERIALS BASIS 602 557 WATER‐SEWER FIRELINE SERVICE TRUNKAGE FEE 4" EACH 7,300.00 7,300.00 TIME & MATERIALS BASIS 603 558 WATER‐SEWER FIRELINE SERVICE TRUNKAGE FEE 6" EACH 12,800.00 12,800.00 TIME & MATERIALS BASIS 604 559 WATER‐SEWER FIRELINE SERVICE TRUNKAGE FEE 8" EACH 20,000.00 20,000.00 TIME & MATERIALS BASIS 605 560 WATER‐SEWER FIRELINE SERVICE TRUNKAGE FEE 12" EACH 40,000.00 40,000.00 TIME & MATERIALS BASIS SEWER SERVICE TRUNKAGE FEE ‐ 5/8" OR 561 WATER‐SEWER EACH 1,500.00 1,500.00 606 3/4" 607 562 WATER‐SEWER SEWER SERVICE TRUNKAGE FEE ‐ 1" EACH 2,500.00 2,500.00 SEWER SERVICE TRUNKAGE FEE ‐ 1‐1/4" OR 1‐ 563 WATER‐SEWER EACH 4,500.00 4,500.00 608 1/2" 609 564 WATER‐SEWER SEWER SERVICE TRUNKAGE FEE ‐ 2" EACH 7,300.00 7,300.00 610 565 WATER‐SEWER SEWER SERVICE TRUNKAGE FEE ‐ 3" EACH 12,800.00 12,800.00 611 566 WATER‐SEWER SEWER SERVICE TRUNKAGE FEE ‐ 4" EACH 20,000.00 20,000.00 612 567 WATER‐SEWER SEWER SERVICE TRUNKAGE FEE ‐ 6" EACH 40,000.00 40,000.00 SEWER SERVICE TRUNKAGE FEE ‐ GREATER 568 WATER‐SEWER EACH VARIABLE VARIABLE BASED ON CALCULATED CAPACITY VARIABLE 613 THAN 6" STORM WATER CROSS CONNECTION SEWER 569 WATER‐SEWER PER DAY 0.00 0.00 614 TREATMENT CHARGE 615 570 WATER‐SEWER LARGE WATERMAIN TAPS EACH 300.00 300.00 PLUS TIME &MATERIALS 616 571 WATER‐SEWER SMALL WATER TAPS EACH 100.00 100.00 SMALL TAP FEE UP TO AND INCLUDING 2' WATER SERVICE 617 572 WATER‐SEWER RESIDENTIAL FLAT RATE SEWER CHARGE MONTH Variable Variable BASED ON 11.66 UNITS/MO OR 35 UNITS/QUARTER BASED ON SEWAGE RATE 618 573 WATER‐SEWER COMMERCIAL FLAT RATE SEWER CHARGE MONTH Variable Variable BASED ON 11.66 UNITS/MO OR 35 UNITS/QUARTER BASED ON SEWAGE RATE 619 620 DEPARTMENT DESCRIPTION UNIT 2022 FEES 2023 FEES COMMENTS CHANGE (IN PERCENTAGE) 621 574 ZONING SPECIAL MEETING FEE (PLANNING, ZBA) PER REQUEST 500.00 500.00 622 575 ZONING FENCE PERMIT FEE EACH 30.00 30.00 623 576 ZONING LOT SPLIT REVIEW EACH 30.00 30.00 624 577 ZONING ZONING, GIS MAPS (UP TO 17" x 24" ) EACH 15.00 15.00 578 ZONING ZONING, GIS MAPS (17" x 24" TO 34" x 44" ) EACH 25.00 25.00 625 626 579 ZONING PLANNED UNIT DEVELOPMENT (PUD) EACH 0.00 0.00 PLANNED UNIT DEVELOPMENT (PUD) ‐ 580 ZONING EACH 600.00 600.00 627 PRELIMINARY 581 ZONING PLANNED UNIT DEVELOPMENT (PUD) ‐ FINAL EACH 600.00 600.00 628 PLANNED UNIT DEVELOPMENT (PUD) ‐ 582 ZONING EACH 500.00 500.00 629 AMENDMENT 630 583 ZONING SIDEWALK BENCH ENCROACHMENT PER BENCH PER MONTH 5.00 5.00 631 584 ZONING SITE PLAN REVIEW FEE ‐ MINOR EACH 200.00 200.00 632 585 ZONING SITE PLAN REVIEW FEE ‐ MAJOR EACH 400.00 400.00 633 586 ZONING PLANNING COMMISSION REVIEW EACH 600.00 600.00 634 587 ZONING SPECIAL USE PERMIT EACH 600.00 600.00 635 588 ZONING ALLEY OR STREET VACATION EACH 600.00 600.00 636 589 ZONING ZONING COMPLIANCE LETTER EACH 30.00 30.00 637 590 ZONING ZONE CHANGE EACH 600.00 600.00 ZONING BOARD OF APPEALS APPLICATION / 591 ZONING EACH 400.00 400.00 COMMERCIAL/INDUSTRIAL ONLY ORDINANCE INTERPRETAION ‐ COMMERCIAL 638 ZONING BOARD OF APPEALS APPLICATION / 592 ZONING EACH 300.00 300.00 RESIDENTIAL ONLY ORDINANCE INTERPRETAION ‐ RESIDENTIAL 639 593 ZONING ZONING ‐ AMENDMENT TO THE ORDINANCE EACH 600.00 600.00 640 641 594 ZONING ZONING ORDINANCE COPY EACH 25.00 25.00 642 595 ZONING ZONING ORDINANCE COPY W/ MAP EACH 45.00 45.00 643 644 596 WESTERN MARKET APPLICATION FEE EACH 25.00 25.00 645 597 WESTERN MARKET DEPOSIT‐REFUNDABLE EACH 150.00 150.00 646 598 WESTERN MARKET EXTRA ELECTRICITY EACH UNIT 50.00 75.00 50.00% 647 599 WESTERN MARKET ABSENCE PER OCCURRENCE 0.00 100.00 *NEW FEE* 648 600 WESTERN MARKET AIRCONDITIONING EACH SEASON 0.00 300.00 *NEW FEE* 649 601 WESTERN MARKET USER FEE 90 SQUARE FEET EACH SEASON 1,325.00 1,450.00 9.43% 650 602 WESTERN MARKET USER FEE 120 SQUARE FEET EACH SEASON 1,750.00 1,925.00 10.00% 651 603 WESTERN MARKET USER FEE 150 SQUARE FEET EACH SEASON 2,125.00 2,350.00 10.59% 652 NR * = FEES APPLICABLE TO NON‐RESIDENTS 653 OF THE CITY 654 Packet Page 50 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 24, 2023 Title: Deficit Elimination Plan – Marina Fund Submitted By: Kenneth D. Grant Department: Finance Director Brief Summary: To approve the Deficit Elimination plan and resolution for the Marina Fund and direct staff to submit plan to the State of Michigan Detailed Summary & Background: At June 30, 2022 the Marina Fund had a $395,374.00 deficit. Act 275 of Public Acts of 1980 requires the City to formulate a deficit elimination plan and submit it to the Michigan Department of Treasury. The deficit elimination plan and resolution for the Marina Fund are attached. Goal/Focus Area/Action Item Addressed: Sustainability in financial practices Amount Requested: $450,000.00 Amount Budgeted: Fund(s) or Account(s): From General Fund to Fund(s) or Account(s): Marina Recommended Motion: To approve the deficit elimination resolution for the Marina Fund. Approvals: Get approval from division head at a Guest(s) Invited / Presenting minimum prior to sending to the Clerk. Immediate Division Head Information Yes Technology No Other Division Heads Communication Legal Review For City Clerk Use Only: Commission Action: Packet Page 51 DEFICIT ELIMINATION PLAN City of Muskegon State ID Number 61-2020 Convention Center Fund January 24, 2023 At June 30, 2022 the City of Muskegon Marina had a deficit $395,374. Anticipated revenue has failed to keep up with the annual costs and depreciation associated with the Marina. The City will transfer $450,000 from the General Fund to eliminate the deficit. The table below shows the Revenue and Expenditures for FY2021-22 and proposed budget for FY2022-23. CITY OF MUSKEGON MARINA FUND PROPOSED FY2021-22 FY2022-23 OPERATION REVENUE Charges for Service $ 282,819 300,000 Other $ 9,597 Total Operating Revenue $ 292,416 300,000 OPERATING EXPENSES Administration $ 11,169 $ 394,687 Other operations $ 345,305 Depreciation $ 107,417 $ 105,000 Total Operating Expenses $ 463,891 $ 499,687 Operation income(loss) $ (171,475) $ (199,687) NONOPERATING REVENUES (EXPENSES) Investment Earnings $ 50 Interest Expense Income(loss) before capital contributions $ (171,475) $ (199,637) CAPITAL CONTRIBUTIONS Capital grants and Contributions Transfers In $ 450,000 Change in Net Position $ (171,475) $ 250,413 Net Position at beginning of year $ 757,577 $ 586,102 Net position at end of year $ 586,102 $ 836,515 Packet Page 52 CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN RESOLUTION NO.______________ WHEREAS City of Muskegon’s Marina Fund had a $395,374 deficit balance as of June 30, 2022; and WHEREAS, Act 275 of the Public Acts of 1980 requires that a Deficit Elimination Plan be formulated by the local unit of government and filed with the Michigan Department of Treasury: NOW THEREFORE, IT IS RESOLVED that the City Commission of the City of Muskegon adopts the following as the City of Muskegon’s Marina Fund Deficit Elimination Plan Packet Page 53 CITY OF MUSKEGON MARINA FUND PROPOSED FY2021-22 FY2022-23 OPERATION REVENUE Charges for Service $ 282,819 300,000 Other $ 9,597 Total Operating Revenue $ 292,416 300,000 OPERATING EXPENSES Administration $ 11,169 $ 394,687 Other operations $ 345,305 Depreciation $ 107,417 $ 105,000 Total Operating Expenses $ 463,891 $ 499,687 Operation income(loss) $ (171,475) $ (199,687) NONOPERATING REVENUES (EXPENSES) Investment Earnings $ 50 Interest Expense Income(loss) before capital contributions $ (171,475) $ (199,637) CAPITAL CONTRIBUTIONS Capital grants and Contributions Transfers In $ 450,000 Change in Net Position $ (171,475) $ 250,413 Net Position at beginning of year $ 757,577 $ 586,102 Net position at end of year $ 586,102 $ 836,515 Packet Page 54 Adopted this _______day of January 2023 By:__________________________________ Ken Johnson Its Mayor By:__________________________________ Ann Marie Meisch, MMC Its Clerk CERTIFICATION This resolution was adopted at a regular meeting of the City commission, held on January 24, 2023. The meeting was properly held and noticed pursuant to Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1967. CITY OF MUSKEGON By: ________________________________ Ann Marie Meisch, MMC City Clerk Packet Page 55 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 24, 2023 Title: Deficit Elimination Plan – Brownfield Redevelopment Authority (combined) Submitted By: Kenneth D. Grant Department: Finance Brief Summary: To approve the Deficit Elimination plan and resolution for the Brownfield Redevelopment Authority (combined) and direct staff to submit plan to the State of Michigan Detailed Summary & Background: At June 30, 2022 the Brownfield Redevelopment Authority (combined) had a $64,211.00 deficit. Act 275 of Public Acts of 1980 requires the City to formulate a deficit elimination plan and submit it to the Michigan Department of Treasury. The deficit elimination plan and resolution for the Brown Field Redevelopment are attached. Goal/Focus Area/Action Item Addressed: Sustainability in financial practices Amount Requested: $ Amount Budgeted: Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion approve the deficit elimination resolution for the Brown Field Redevelopment. Approvals: Get approval from division head at a Guest(s) Invited / Presenting minimum prior to sending to the Clerk. Immediate Division Head Information Yes Technology No Other Division Heads Communication Legal Review For City Clerk Use Only: Commission Action: Packet Page 56 DEFICIT ELIMINATION PLAN City of Muskegon State ID Number 61-2020 Brownfield Redevelopment Authority (Scattered Brownfield) January 24, 2023 At June 30, 2022 the City of Muskegon’s Brownfield Redevelopment Authority (combined) had a deficit of $64,211. This was the first year that the Scattered Brownfield captured taxes. Expenses exceeded the tax captured. For the fiscal year 2022-23, we project that the Scattered Brownfield will have enough tax capture to eliminate the deficit. CITY OF MUSKEGON BROWNFIELD REDEVLOPMENT AUTHORITIES CORRECTED FY2021-22 FY2022-23 ASSETS Cash and Investments $ - 66,000 Total Assets $ - $ 66,000 LIABILITIES Accounts Payable $ - Accrued Liabilities Due to primary government $ 64,211 Advances from primary government $ 1,046,980 $ 1,000,000 Total Liabilities $ 1,111,191 $ 1,000,000 FUND BALANCES (DEFICIT) Unassigned $ (1,111,191) $ (934,000) Total Liabilities and fund balances $ - $ 66,000 Packet Page 57 CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN RESOLUTION NO.______________ WHEREAS City of Muskegon’s Brownfield Redevelopment Authority (combined) had a $64,211 deficit balance June 30, 2022; and WHEREAS, Act 275 of the Public Acts of 1980 requires that a Deficit Elimination Plan be formulated by the local unit of government and filed with the Michigan Department of Treasury: NOW THEREFORE, IT IS RESOLVED that the City Commission of the City of Muskegon adopts the following as the City of Muskegon’s Brownfield Redevelopment Authority (combined) Deficit Elimination Plan. CITY OF MUSKEGON BROWNFIELD REDEVLOPMENT AUTHORITIES CORRECTED FY2021-22 FY2022-23 ASSETS Cash and Investments $ - 66,000 Total Assets $ - $ 66,000 LIABILITIES Accounts Payable $ - Accrued Liabilities Due to primary government $ 64,211 Advances from primary government $ 1,046,980 $ 1,000,000 Total Liabilities $ 1,111,191 $ 1,000,000 FUND BALANCES (DEFICIT) Unassigned $ (1,111,191) $ (934,000) Total Liabilities and fund balances $ - $ 66,000 Packet Page 58 Adopted this _______day of January 2023 By:__________________________________ Ken Johnson Its Mayor By:__________________________________ Ann Marie Meisch, MMC Its Clerk CERTIFICATION This resolution was adopted at a regular meeting of the City commission, held on January 24, 2024. The meeting was properly held and noticed pursuant to Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1967. CITY OF MUSKEGON By: ________________________________ Ann Marie Meisch, MMC City Clerk Packet Page 59 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 24, 2023 Title: Sale of 548 E Dale Submitted By: Sharonda Carson Department: CNS Brief Summary: Seeking authorization to sell 548 E Dale to a qualified buyer. Detailed Summary & Background: The CNS Department utilized HOME Investment Partnership Program funds to rehabilitate a home at 548 E Dale to sell through our Homebuyer Program. Renovations are completed, and a qualified buyer, Lindsey Sweezer, has put in an offer of $145,000 with a $14,000 subsidy, which CNS has accepted. Income from this sale will be reinvested in our programming. Goal/Focus Area/Action Item Addressed: Action Item 2022 – 2.4 Develop subsidies to improve housing affordability Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: Adopt the resolution for the sale of 548 E Dale to Lindsey Sweezer and authorize the City Clerk to sign it. 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: Packet Page 60 CITY OF MUSKEGON, MICHIGAN A RESOLUTION FOR TO APPROVE THE SALE OF 548 E DALE TO LINDSEY SWEEZER WHEREAS, the City of Muskegon has rehabilitated property at 548 E Dale Avenue, Muskegon, MI 49442 to make the property available for purchase by an income qualified buyer; NOW, THEREFORE BE IT RESOLVED, that the City of Muskegon Commission hereby authorizes the sale of the property at 548 E Dale to Lindsey Sweezer, a qualified buyer, for $145,000 with a $14,000 subsidy; and BE IT FURTHER RESOLVED, that the City of Muskegon Commission hereby authorizes the Director of Community and Neighborhood Services or their designee to prepare and submit the necessary documentation to execute the sale. Yeas: Nays: I certify that the above Resolution was adopted by the City Commission of the City of Muskegon on January 24, 2023. BY: Ann Meisch, City Clerk ______________________________________________________________________________ Signature Date Packet Page 61 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 24, 2023 Title: Housing Board of Appeals, Demolitions Submitted By: Director Timothy E Kozal Department: Public Safety Brief Summary: 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. Detailed Summary & Background: Housing Board of Appeals has deemed 835 W Forest, 1043 Washington and 1642 Dyson to be in property maintenance violation. Property has been a long- standing area of blight and public nuisance/hazard. Goal/Focus Area/Action Item Addressed: Refer to the 2022-2027 Long Term Goals document. Amount Requested: BIDS Amount Budgeted: Contact Finance if your item does not fit into the current budget. Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: 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 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: Packet Page 62 Packet Page 63 Packet Page 64 Packet Page 65 Packet Page 66 Packet Page 67 Packet Page 68 Packet Page 69 Packet Page 70 Packet Page 71 Packet Page 72 Packet Page 73 Packet Page 74 Packet Page 75 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 24, 2023 Title: First Amendment to Parkland Marina, LLC Development Agreement Submitted By: Jonathan Seyferth Department: City Manager Brief Summary: The objective of this amendment is to memorialize the public access commitments within the 350 Shoreline Drive Development Agreement with Parkland Marina, LLC. Public access under the former dedication is temporarily restored until construction commences and new public access is guaranteed within project as a condition to issuing building permits. The amendment also extends certain deadlines and provides a payment to the City from Parkland Marina, LLC in the amount of $25,000.00. Detailed Summary & Background: This first amendment to the development agreement between the City and Parkland Marina, LLC grants the public a temporary license which returns public access to its status prior to the sale of the development property to Parkland Marina, LLC until construction commences. Additionally, the City and Parkland Marina, LLC must approve a new public access instrument prior to the issuance of any building permits. The amendment also increases the purchase price for the development property from $1.00 to $25,000.00, extends certain deadlines, and requires the City to vacate the “driveway” within the former dedication pursuant to City ordinance. City staff identified certain public access commitments discussed with the developer that needed to be included or clarified in the written Development Agreement signed March 25, 2021. City staff and the developer met in the Summer of 2022 to discuss putting those commitments in writing. The amendment was delayed due to a lawsuit filed against the City by a neighboring property owner related to the Development Agreement on August 24, 2022. The purchase price increase, deadline extensions, and the requirement for the City to “vacate” the former dedication are included to address issues raised in that lawsuit. In discussion with legal counsel, the new obligations and increased purchase price can potentially resolve the lawsuit which concerns the value received by the City for the sale of the development property. The City receives a commitment by the developer to restore public access now and at the completion of the project, receives an additional $25,000.00, and the only concession is to extend the developer’s deadline due to delays caused by the lawsuit. This is fair consideration for the development property taking into account that the development property was burdened by a permanent easement for parking lot purposes which could never terminate without the developer’s agreement, the environmental concerns with the development property, and the fact that public access is guaranteed before and after construction of the project. A public hearing would be held to vacate the former dedication’s “driveway.” Packet Page 76 Goal/Focus Area/Action Item Addressed: Refer to the 2022-2027 Long Term Goals document. Amount Requested: Amount Budgeted: Contact Finance if your item does not fit into the current budget. Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: I motion to approve the First Amendment to the Development Agreement between the City of Muskegon and Parkland Marina, LLC 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: Packet Page 77 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (the “First Amendment”) is made as of January ____, 2023, by and between the CITY OF MUSKEGON, a Michigan municipal corporation of 933 Terrace St. (the “City”); and PARKLAND MARINA, LLC, a Michigan limited liability company of 75 W. Walton, Ste A, Muskegon, MI 49440 (“Parkland”) (the City and Parkland are sometimes collectively referred to as “Parties”). RECITALS: WHEREAS, Parkland is the successor owner of the property formerly owned by SPX Development Corporation located on Terrace Point Drive in Muskegon, Michigan; WHEREAS, the Parties entered into that certain Development Agreement dated March 25, 2021 (the “Agreement”), for the development of certain property in the City of Muskegon known generally as Parkland Marina and identified as Exhibit A to the Agreement (the “Property”); and WHEREAS, the Parties desire to enter into this First Amendment for the mutual benefit of the Parties to address the provision of a Public Access and to extend the time for Parkland’s performance of the Agreement in order to facilitate disruptions to the schedule from a circuit court lawsuit initiated by a neighboring property owner against the City. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: A. DEFINITIONS. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings ascribed thereto in the Agreement. B. CONSIDERATION. The Agreement is amended to provide that Parkland shall pay the City of Muskegon the sum of twenty-five thousand dollars ($25,000) as consideration for the Property and the termination of the dedications associated with portions of the Property, within five (5) days of execution of this First Amendment. This amount is adequate consideration for the Property due to the following facts: 1. At all relevant times, the Property has been burdened with a parking easement for the benefit of SPX Development Corporation, and now the Terrace Point Marina and Shoreline Inn. The parking easement precludes the use of the Property for other purposes, and it prevents parties other than marina and lodging guests or employees of the hotel or marina from parking on the Property. 2. The Property is heavily contaminated by hazardous materials due to its historical use as a manufacturing facility. The Property is costly to develop and its market value is diminished by the presence of contaminants. The Property’s parking lot was installed to encapsulate volatile organic compounds within the soils. Monitoring wells dot the site and are inspected annually. Parkland’s proposed indoor boat storage concept allows for the safe use of the Property with minimal disruption of contaminated soils. 3. Parkland is obligated to make millions of dollars of improvements to the Property. Productive use of the privately owned real estate will allow the City, County and local school system to capture tens of thousands of tax dollars annually that have never been First Amendment to Development Agreement Page 1 Packet Page 78 captured while the Property was City owned. The new facility will also create dozens of well-paying jobs. C. PUBLIC ACCESS. 1. Parkland shall provide a five-foot-wide pedestrian “public access” for ingress and egress to the boardwalk which is located on the former SPX waterfront peninsula at the time it develops the new Project. No fishing, rollerblading, vehicles, golf carts, bicycles, swimming or skateboarding, will be allowed. Additional safety limitations will apply if boat launching machinery is used to cross the peninsula. This new permanent public access shall extend from the existing sidewalk located within the Terrace Point Drive right-of-way, along the southwest property line of the property, and include the boardwalk located on the former SPX dedicated waterfront peninsula. Parkland may relocate the path of the public access to a comparable location, to facilitate its development of the Property. Public access shall be determined during the site plan review stage and no building permit will be issued for the Project until the new public access instrument is approved by the City and Parkland, and executed. 2. Parkland immediately grants the general public the temporary right and license to use the same portions of the Property which were formerly authorized to be used for public access under the terminated Dedication dated February 27, 1991, and recorded March 12, 1991 in Liber 1557, Pages 416-425, Muskegon County Records (the “Dedication”) in the same manner previously allowed by the Dedication, until Parkland commences construction of the Project. Parkland also agrees to allow the pushing and pulling of strollers and wagons as permitted uses under the license. D. EXTENSION. Paragraph 2 of the Agreement is amended to replace the reference to “2 years” with “2 years from a final decision or dismissal of Muskegon Circuit Court Case No. 22-3962-CZ, including any related appellate proceedings. E. VACATION OF PUBLIC STREET The Agreement is amended to provide that the City of Muskegon shall cause all areas of the Property which the plaintiff alleges to be public streets in Muskegon Circuit Court Case No. 22-3962-CZ (other than Terrace Point Drive), to be vacated within ninety (90) days from the date of this amendment in accordance with City Ordinances and applicable law. F. COUNTERPARTS, BINDING EFFECT, AND DELIVERY This First Amendment may be executed in one or more counterparts, each of which shall be deemed an original and all of which combined shall constitute one and the same instrument. This First Amendment shall inure to the benefit of and be binding upon the Parties and their successors and permitted assigns. A facsimile or electronic transmission of this First Amendment, as executed, shall constitute delivery and shall be valid and enforceable against the party providing the facsimile or electronic signature. G. RATIFICATION. Except as specifically amended hereby, all other conditions and covenants of the Agreement shall remain in full force and effect and are hereby ratified and confirmed. [Signatures on next pages] First Amendment to Development Agreement Page 2 Packet Page 79 CITY OF MUSKEGON Dated: _________________, 20___ By:_________________________________ Ken Johnson, its Mayor Dated: _________________, 20___ By:_________________________________ Ann Marie Meisch, its Clerk STATE OF MICHIGAN ) ) COUNTY OF MUSKEGON ) ss The foregoing signatories, Ken Johnson and Ann Marie Meisch, are known to me, respectively, as the Mayor and Clerk the City of Muskegon, and they acknowledged the foregoing instrument on behalf of the City this ______ day of __________, 20___. ____________________________________ _______________________, Notary Public My Commission expires: _______________ First Amendment to Development Agreement Page 3 Packet Page 80 PARKLAND MARINA, LLC a Michigan Limited Liability Company Dated: _________________, 2022 By:_________________________________ Jonathan L. Rooks, Manager STATE OF MICHIGAN ) ) COUNTY OF MUSKEGON ) ss The foregoing signatory, Jonathan L. Rooks is known to me, as the Manager of PARKLAND MARINA, LLC, a Michigan limited liability company, and acknowledged the foregoing instrument on behalf of the Company this ______ day of ___________, 20___. ____________________________________ _______________________, Notary Public My Commission expires: _______________ First Amendment to Development Agreement Page 4 Packet Page 81
Sign up for City of Muskegon Emails