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City of Muskegon City Commission Meeting Agenda March 14, 2023, 5:30 pm Muskegon City Hall 933 Terrace Street, Muskegon, MI 49440 AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF MUSKEGON AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES To give comment on a live-streamed meeting the city will provide a call-in telephone number to the public to be able to call and give comment. For a public meeting that is not live-streamed, and which a citizen would like to watch and give comment, they must contact the City Clerk’s Office with at least a two-business day notice. The participant will then receive a zoom link which will allow them to watch live and give comment. Contact information is below. For more details, please visit: www.shorelinecity.com The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audio tapes of printed materials being considered at the meeting, to individuals with disabilities who want to attend the meeting with twenty-four (24) hours’ notice to the City of Muskegon. Individuals with disabilities requiring auxiliary aids or services should contact the City of Muskegon by writing or by calling the following: Ann Marie Meisch, MMC – City Clerk, 933 Terrace Street, Muskegon, MI 49440; 231-724-6705; clerk@shorelinecity.com Pages 1. Call To Order 2. Prayer 3. Pledge of Allegiance 4. Roll Call 5. Honors, Awards, and Presentations 5.a Bring it to the Table - Muskegon Community College 1 6. Public Comment on Agenda Items 7. Consent Agenda 7.a Approval of Minutes - City Clerk 2 7.b Rules of the City Commission - City Clerk 27 7.c Sale of 363 McLaughlin Avenue - City Manager's Office 38 7.d Sale of 304 McLaughlin Avenue - City Manager's Office 47 7.e Sale of 269 Catherine Avenue - City Manager's Office 55 7.f Fire Truck Equipment - Public Safety 7.g Farmers Market Rates - City Clerk 66 7.h Amend Ordinance Chapter 6, Animals - City Manager's Office 68 7.i Ordinance to Establish Parks & Recreation Advisory Committee - Department of Public Works - REMOVED PER STAFF REQUEST 7.j 1095 Third Street Termination of Purchase Agreement - Economic Development 90 7.k On-Premise Tasting Room Permit for Rake Beer Project, LLC - City Clerk 93 7.l USACE Right of Entry for Sewer Repair - Department of Public Works 95 7.m McGraft Community Building Roof Replacement - Department of Public Works 101 7.n Consumers Easement at Water Filtration Plant - Department of Public Works 103 7.o Aggregates, Maintenance Materials & Concrete - Department of Public Works 110 7.p Olthoff Drive Grant Agreement - Department of Public Works 114 7.q 1st Amendment to the Temporary Water Operator Agreement with Muskegon 128 Heights - City Manager 8. Public Hearings 8.a Recommendation for Annual Renewal of Liquor Licenses - City Clerk 132 8.b Public Hearing-Brownfield Plan Amendment, 2nd Amendment, Adelaide Pointe 133 QOZB, LLC - Development Services 9. Unfinished Business 9.a Housing Board of Appeals Demolition - 835 W. Forest - Public Safety 218 10. New Business 10.a Housing Board of Appeals Demolitions - 1420 S. Getty Street, 1101 Spring Street - Public Safety - REMOVED PER STAFF REQUEST 10.b 2nd Quarter Budget Reforecast - Finance 224 10.c 2nd Amendment, Brownfield Development & Reimbursement Agreement, 268 Adelaide Pointe QOZB, LLC - Development Services 10.d 1095 Third Street Proposal Reviews - Economic Development 281 11. Any Other Business 12. Public Comment on Non-Agenda items 13. Closed Session 14. Adjournment ARE YOU SICK OF DIVISIVE POLITICS & THE DISSERVICE IT DOES TO DEMOCRACY? Filmmaker Julie Winokur travels to diverse communities across the countr y to ask citizens to sit down and speak candidly about their political beliefs in a non-confrontational setting. WHEN IT COMES TO DEMOCRACY, DISCOURSE IS THE BEST COURSE! BRING IT TO THE TABLE what: Film Screening + Discussion with Emmy-Nominated Director Julie Winokur when: Film Screening and Dialogue where: Wednesday, March 15, 2023, 6:30pm MCC Overbrook Theater bringit2thetable.org This program is sponsored by the Muskegon Community College Center for Experiential Learning, the Muskegon Area District Library, Muskegon Center for Holocaust and Genocide Studies, and Foundation for Muskegon Community College Packet Page 1 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 14, 2023 Title: Approval of Minutes Submitted By: Ann Marie Meisch, MMC Department: City Clerk Brief Summary: To approve minutes of the February 13, 2023 Worksession, February 14, 2023 Worksession, and the February 14, 2023 Regular Meeting. Detailed Summary: Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: To approve the minutes. For City Clerk Use Only: Commission Action: Packet Page 2 City of Muskegon Work Session Minutes February 13, 2023, 5:30 pm Muskegon City Hall 933 Terrace Street, Muskegon, MI 49440 Present: Mayor Ken Johnson Commissioner Rachel Gorman Commissioner Rebecca St.Clair Commissioner Eric Hood Vice Mayor Willie German, Jr. Commissioner Teresa Emory Absent: Commissioner Michael Ramsey Staff Present: City Manager Jonathan Seyferth City Clerk Ann Meisch City Attorney John Schrier Deputy City Clerk Kimberly Young 1. Call to Order The Worksession meeting was called to order by Mayor Johnson at 5:30 p.m. 2. New Business 2.a Police K9 Unit Proposal Sergeant Bridget Bofysil to present K9 Unit Proposal with K9 Nitro, K9 Sully and K9 Conan. Public Safety Director, Tim Kozal, gave an overview of the potential K9 program and talked about how it would be beneficial to the city and introduce Sgt. Bofysil. Sgt. Bofysil had her dog Nitro with her and comes to the City with 14 years of experience in training and handline K9 dogs. She provided information 1 Packet Page 3 to the commission about the different areas that the K9's can be certified in and the training that they go through. The Police K9 has a unique impact on the community it serves. The K9s are, most importantly, some of the best and most-loved ambassadors of the department - appearing at special events and interacting with the community for public relations purposes. While most people are hesitant to start a conversation with an officer, they will not think twice about asking to pet the dog. A K9 can both provide valuable tools for the department and break down barriers between the police and the public they serve. These dogs assist in a myriad of areas: drug enforcement, explosives detection, tracking, search and rescue, finding evidence, officer safety and apprehending fleeing subjects through use of non- lethal force. The addition of a K9 team would be another tool for the department to utilize to reduce crime, provide professional police services, and create a positive connection to the City of Muskegon. K9 appearances at local events are natural opportunities to create a connection between the community and the police. Discussion took place regarding the program and the Police Department will work to create policies and a budget to assess the feasibility. Sgt. Bofysil has volunteered to train additional dogs as well as dog handlers and also volunteered the use of her dogs for the program. 2.b 1033 Program Presentation The Law Enforcement Support Office (LESO) is a division under the United States Department of Defense (DoD) responsible for managing the "1033 Program", which transfers excess weapons, equipment, and vehicles from the United States Armed Forces to civilian law enforcement agencies. Since inception, nearly 10,000 jurisdictions have received more than $7 billion worth of equipment. There is no cost to become a member of this program and equipment is free. Shipping costs are sometimes associated. There are strict state oversite mechanisms for inventory control. The Muskegon Police Department is now a part of the program. We will monitor for available equipment that can benefit the department. We are not interested in any vehicles. Public Safety Director Tim Kozal wants to bring to the attention of the commission the availability of a program by which the city of Muskegon will be 2 Packet Page 4 able to acquire military equipment under the 1033 Program. This will help to defray costs of the ongoing needs of our police department. Discussion took place regarding the program. 2.c Marihauna Ordinance and Social Equity Staff would like to discuss adding “Processing” as a special use permitted in B-2, B-4, MC, I-1 and I-2 zoning districts. Staff will also present the draft Request for Proposal for expungement clinics. In 2020, in an effort to help residents enter the marihuana industry, the Commission approved “Microbusinesses,” “Class B Rec Grows (500 plants)” and “Consumption Establishments” in B-2, B-4, MC, I-1 and I-2 zoning districts. It appears as though processing was overlooked, since processing is an allowed use at microbusinesses. Processing was left out of the license types allowed by the city for a number of reasons. It may be time to consider adding this license type to what is allowed. RFP for Expungement Program. This is a basic RFP to invite companies propose costs and procedures to conduct a one-time clinic, three over the course of a year. We anticipate the service to be at no cost to city residents, non-residents may assume some costs for fingerprinting. We may only serve city residents. The commission wants to pay all of the fees for residents, app fee, fingerprinting, background checks, etc....we may need to have city staff available to determine residency and collect appropriate fees from non-residents. Discussion took place regarding the proposed revision to the Marihuana Ordinance as it pertains to allowed license types. This will be addressed again at a later date. The Commission also discussed the Expungement Clinic(s) RFP that will go out soon. 2.d Arena Solar Power Purchase Agreement - DPW and Arena Staff presented a revised solar power purchase agreement (PPA) for the arena. This item was discussed at the July, 2020 work session and the April 27 th, 2021 regular meeting before being approved in a prior format at the June 8 th, 2021 meeting. Due to tax issues, it was then rescinded at the June 14 th, 2022 meeting. The tax issues have been resolved due to additional incentives being available, so a new financier (Sunwealth, LLC) has agreed to take the project on. Staff and our 3 Packet Page 5 consultant, Charthouse Energy, will present the project and its anticipated benefits for discussion. The proposed PPA agreement is included for review. Discussion took place and this item will be returned to Commission at a later date. 2.e Landscaping Contract - DPW Staff will present the results of the landscaping RFP and a cost share for discussion. Staff has worked with the Downtown BID, DDA, Chamber and other stakeholders to develop a landscaping contract that covers a wide array of landscaping services currently provided through the City Parks Department. There is a desire among the stakeholders to improve the level of service being provided, and a desire among city staff to free up staffing resources to improve service in other areas of the city parks. The RFP was presented to the Commission at the November 7, 2022 combined work session and regular meeting. The contract proposes eight (8) areas identified on the included map, with each area having a distinct scope of work and a proposed assigned cost share, as a 3- year contract with optional extensions for a 4th and 5th year. The original RFP included work in the Lakeside area, but those businesses have decided not to participate at this time. The DDA and Downtown BID will have a similar discussion earlier in the day on the 13th of February, specifically to review the cost share proposal that is included herein for your review. The Downtown BID is expiring, so the organizations are jointly deciding how to fund their share going forward. Depending on the outcome of all of these discussions, the City will manage the contract and invoice the other organizations for their share as shown in the attachment. AMOUNT REQUESTED: $27,840 Parks/General AMOUNT BUDGETED: $0 FY23 AMOUNT REQUESTED: $7,920 Farmers Market AMOUNT BUDGETED: As Needed FY24 FUND OR ACCOUNTS: 101-770 (Parks) & 101-808 (Farmers Market) Discussion took place regarding the landscaping contracts, this item will be considered at a later date. 3. Public Comment 4 Packet Page 6 Public comment was received. 4. Closed Session 4.a Land Acquisition No. 2023-23 Motion by: Commissioner St.Clair Second by: Vice Mayor German Motion to go into closed session to consider material exempt from discussion or disclosure by state or federal statute, specifically being an attorney client confidential communication. YES: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner Emory Absent (1): Commissioner Ramsey MOTION PASSES (6 to 0) No. 2023-24 Motion by: Commissioner Gorman Second by: Commissioner Emory To go into open session. MOTION PASSES 4.b Pending Litigation No. 2023-25 Motion by: Commissioner St.Clair Second by: Commissioner Gorman To go into closed session to consult with our attorney regarding trial and settlement strategy in connection with West Michigan Dock and Market Corporation versus City of Muskegon, Muskegon County Circuit Court Case Number 22-003962 CZ because an open meeting would have a detrimental financial effect on the litigating and settlement position of the City of Muskegon. 5 Packet Page 7 YES: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner Emory Absent (1): Commissioner Ramsey MOTION PASSES (6 to 0) No. 2023-26 Motion by: Commissioner St.Clair Second by: Commissioner Gorman To go into open session. MOTION PASSES 5. Adjournment The Work Session meeting went into closed session at 6:55 and adjourned at 8:20 p.m.. _________________________ Respectfully Submitted, Ann Marie Meisch, MMC - City Clerk 6 Packet Page 8 CITY OF MUSKEGON SPECIAL CITY COMMISSION MEETING February 14, 2023 @ 5:00 p.m. Muskegon City Hall, 933 Terrace Street, Muskegon, MI 49440 In the Commission Chambers, Room 107 MINUTES Present: Mayor Johnson, Vice Mayor German, Commissioners Emory, St.Clair, Hood, and Gorman. Absent: Commissioner Ramsey 2023-27 Motion by Commissioner St.Clair, seconded by Commissioner Emory to go into closed session to consult with our attorney regarding settlement strategy in connection with Rachel McMillan versus City of Muskegon, Jeff Lewis and Jay Paulson, Muskegon County Circuit Court Case Number 22-002888-CZ because an open meeting would have a detrimental financial effect on the settlement position of the City of Muskegon. Roll Call Vote: Ayes: Johnson, Hood, German, Gorman, Emory, and St.Clair. Nays: None. Absent: Ramsey MOTION PASSES. 2023-28 Motion by Commissioner Gorman, seconded by Commissioner St.Clair to go into open session. MOTION PASSES. Packet Page 9 2023-29 Motion by Commissioner St.Clair, seconded by Commissioner Emory to approve the proposed settlement and authorize the City manager to sign the Settlement Agreement. Roll Call Vote: Ayes: German, Gorman, Emory, St.Clair, Johnson, and Hood Nays: None. Absent: Ramsey MOTION PASSES. PUBLIC PARTICIPATION None. ADJOURN Motion by Commissioner Gorman, seconded by Commissioner St. Clair to adjourn the meeting at 5:22 pm. MOTION PASSES. Respectfully Submitted, Ann Marie Meisch, MMC – City Clerk Packet Page 10 City of Muskegon City Commission Meeting Minutes February 14, 2023, 5:30 pm Muskegon City Hall 933 Terrace Street, Muskegon, MI 49440 Present: Mayor Ken Johnson Commissioner Rachel Gorman Commissioner Rebecca St.Clair Commissioner Eric Hood Vice Mayor Willie German, Jr. Commissioner Teresa Emory Absent: Commissioner Michael Ramsey Staff Present: City Manager Jonathan Seyferth City Attorney John Schrier City Clerk Ann Meisch Deputy City Clerk Kimberly Young 1. Call To Order The Regular Meeting of the City of Muskegon was held at City Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., on Tuesday, February 14, 2023. 2. Prayer Pastor E.J. Wood from All Shores Wesleyan Church opened the meeting with a prayer. 3. Pledge of Allegiance The Commission and public recited the Pledge of Allegiance to the Flag. 4. Roll Call As recorded above 5. Honors, Awards, and Presentations 1 Packet Page 11 5.a Introduction of New Staff - Planning & Economic Development Economic Development Director, Jake Eckholm, introduced Wendy Webster - Administrative Assistant to the Planning and Economic Development Department. She comes to us from SafeBuilt and has also worked for Muskegon Public Schools in the past. 6. Public Comment on Agenda Items Public comments were received. 7. Consent Agenda Action No. 2023-30 Motion by: Vice Mayor German Second by: Commissioner St.Clair To accept the consent agenda as presented, minus item E. Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Commissioner Hood, Vice Mayor German, Commissioner Emory Absent (1): Commissioner Ramsey MOTION PASSES (6 to 0) 7.a Approval of Minutes - City Clerk To approve the minutes of the January 9, 2023 Worksession and January 10, 2023 Commission Meeting. STAFF RECOMMENDATION: To approve the minutes. 7.b AgeWell Services Non-Profit Recognition - City Clerk AgeWell Services is requesting recognition as a non-profit in the City of Muskegon for the purpose of obtaining charitable gaming licenses for raffles. STAFF RECOMMENDATION: To approve the request from AgeWell Services to be recognized as a non-profit in the City of Muskegon and approve the Local Governing Body Resolution for Charitable Gaming Licenses. 7.c Use of DMDC Property Downtown Muskegon - City Clerk 2 Packet Page 12 The DMDC has been paying taxes and upkeep for many years on several lots currently being used by the City or for parking by the general public in downtown. The DMDC is requesting a payment of $25,500 to assist with paying those expenses. The DMDC is currently paying for the upkeep of 387 Morris Avenue, 401 Morris, 351 W. Western, 325 W. Western, 307 W. Western, 299 W. Western, 295 W. Western, and 292 W. Western. The attached spreadsheet indicates an estimated cost that is over $25,000 annually. The DMDC has approached the City asking if we could assist in paying these funds. AMOUNT REQUESTED: $25,500 AMOUNT BUDGETED: $5,000 from Western Market FUND OR ACCOUNT: $12,000 from Western Market Fund - 252-807-801 FUND OR ACCOUNT: $13,500 from Public Improvement Fund - 445-807- 801 STAFF RECOMMENDATION: To authorize a payment of $25,500 to the DMDC for the use of the property. 7.d Taste of Muskegon Liquor License - City Clerk The Muskegon City Clerk’s Office is seeking commission approval to apply for a special liquor license for beer, wine and spirit service for the Taste of Muskegon being held in Hackley Park on Friday, June 9, 2023 and Saturday, June 10, 2023. STAFF RECOMMENDATION: Authorize the City Clerk's Office to apply for a special liquor license for the Taste of Muskegon. 7.f FY23 Municipal Senior Millage Funding - Community & Neighborhood Services To approve allocations of the Municipal Senior Millage funding to city programs geared toward citizens who are 60 years of age, or older. An allocation of $101,234.00 from the county of Muskegon FY23 Municipal Senior Millage funding is budgeted for the following programs: Power of Produce (Farmer’s Market) - $ 19,700 Senior Project Fresh- $300 Home Repairs (CNS) - $ 81,234 3 Packet Page 13 STAFF RECOMMENDATION: To approve the budget proposed for City of Muskegon programs utilizing FY23 Municipal Senior Millage Funds from the County of Muskegon. 7.g Sale of 1334 Pine Street - City Manager Staff is requesting approval of a new purchase agreement for 1334 Pine Street. 1334 Pine Street was constructed through the agreement with Dave Dusendang to construct infill housing with ARPA funding. The previous offer has been terminated through a mutual release. This new offer is for the full listing price and is not contingent upon the sale of the buyer’s current home. STAFF RECOMMENDATION: To approve the Purchase Agreement for 1334 Pine Street. 7.h MERS-Police Command Employee Contribution Rate - Finance The City seeks to adopt the Police Command Defined Benefit Employee Contribution as negotiated per their contract. The Finance Department wants permission to sign a Defined Benefit Plan Adoption Agreement to reduce the employee contribution rate for Police Command as follows: A police command defined benefit employee shall effective January 1, 2023: Employees shall contribute 3% of their compensation towards the defined benefit plan as defined by MERS STAFF RECOMMENDATION: To approve the required employee contribution 3% for Police Command Defined Benefits. 7.i MERS - Police Command DC Employee Contribution Rate - Finance The City seeks to adopt the Police Command Defined Contribution Plan Employee’s Contribution rate as negotiated per their contract. The Finance Department wants permission to sign a Defined Contribution Plan Adoption Agreement to increase the employee contribution rate for Police Command as follows: A police command defined benefit employee shall effective January 1, 2023: 4 Packet Page 14 Employees shall contribute 9% of their compensation towards the defined benefit plan as defined by MERS. The previous contribution rate was 6%. STAFF RECOMMENDATION: To approve the required employee contribution of 9% for Police Command Defined Benefit Plan. 7.j MERS - Police Command HCSP Employee and Employer Contribution Rates - Finance The City seeks to adopt the Police Command’s Health Care Saving Program contribution rates as negotiated per their contract. The Finance Department wants permission to sign the Health Care Savings Plan Agreement to reduce the employee contribution rate for Police Command as follows: A police command defined benefit employee shall effective January 1, 2023: Police Command employees who are eligible to receive retiree healthcare benefits will contribute 3 % of their Medicare taxable wages towards the Health Care Savings program with no employer contribution Police Command employees who are not eligible to receive retiree healthcare benefits will contribute 6% of their Medicare taxable wages towards the Health Care Savings program with a 6% employer contribution. STAFF RECOMMENDATION: To approve the required employee and employer Health Care Saving Program Contributions. 7.k Deficit Elimination Plan - Marina Fund - Finance To approve the Deficit Elimination plan and resolution for the Marina Fund and direct staff to submit plan to the State of Michigan. 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. The original deficit elimination plan had to extended another year. It will require a $450,000 transfer from General Fund in 2022-23 and a $260,000 transfer from the General Fund in 2023-24. AMOUNT REQUESTED: $450,000 22-23 AND $260,000 23-24 5 Packet Page 15 From General Fund to Marina STAFF RECOMMENDATION: To approve the Deficit Elimination Resolution for the Marina. 7.l Deficit Elimination Plan - Brownfield Redevelopment Authority (combined) - Finance 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. 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. The State wanted more clarification on the deficit with a different layout, plus I extended the plan one more year. STAFF RECOMMENDATION: To approve the Deficit Elimination Resolution for the Brownfield Redevelopment Authority. 7.m CSX Rail, Authorization to Close - City Manager This is an authorization to close on the purchase of the CSX rail line from near the Boys and Girls Club west to Windward Point though the Nims and Lakeside Neighborhoods. The Commission authorized purchase of the property on May 24, 2022. This is just a technical step that has to be taken before closing documents are signed. Related to the Windward Point development the City has agreed to use about $1.688 million of APRA funding to purchase the abandoned rail road spur that runs along Muskegon Lake in the Nims and Lakeside neighborhoods. The City’s costs for the purchase will be reimbursable through the Windward Point brownfield TIF. The City has let it be known to the developers that we are willing to negotiate our position within the TIF depending on what occurs with the development. We’ve also indicated a willingness to reduce the amount of our capture if the percent of public access to Muskegon Lake is increased. Because these are both items that would be negotiated with the final developer and not the current owners, those items are still to be 6 Packet Page 16 determined. However, with the current agreement and our costs going into the brownfield, the City would be reimbursed for its investment. The City Commission authorized the purchase of rail road line/abandoned spur on May 24, 2022 on a 6-0 vote. Other past action includes the approval to extend the closing date which was approved by the Commission on Nov. 22, 2022, this extended the closing window to the end of the First Quarter of 2023. It is anticipated closing will happen before the end of February. STAFF RECOMMENDATION: To authorize the City Manager to sign closing documents related to the City's purchase of the abandoned Rail Road Spur owned by CSX. 7.e Voting Precincts - City Clerk Muskegon Public Schools is currently renovating many of their buildings. Several of these buildings are currently precincts. The City Clerk’s Office requests to move those precincts to accommodate the renovations. We have searched for new locations for precincts that must move before renovations begin and before the 2024 Election cycle. After careful consideration and visiting the buildings, we recommend to move Precincts 3 and 4 from Muskegon Middle School to Central Assembly of God, 896 Home Street in their gym, move Precinct 2 from Marquette Elementary to Bethesda Baptist Church, 575 S. Getty, and move Precinct 11, from Glenside Elementary to Celebration Community, 1260 W. Sherman. Each location has received permission to offer us the locations and we would pay $500 each as we currently pay Lakeside Baptist Church for their time to open the building early in the morning, the use of their tables and facilities, and closing late into the evening. AMOUNT REQUESTED: $500 per location for each Election FUND OR ACCOUNT: 101-215-801 (Elections) STAFF RECOMMENDATION: To authorize the movement of Precincts 3 and 4 from Muskegon Middle School to Central Assembly of God, 896 Home Street, move Precinct 2 from Marquette Elementary to Bethesda Baptist Church, 575 S. Getty, and move Precinct 11, from Glenside Elementary to Celebration Community, 1260 W. Sherman. Action No. 2023-31 7 Packet Page 17 Motion by: Commissioner Gorman Second by: Commissioner Emory To authorize the movement of Precincts 3 and 4 from Muskegon Middle School to Central Assembly of God, 896 Home Street, move Precinct 2 from Marquette Elementary to Bethesda Baptist Church, 575 S. Getty, and move Precinct 11, from Glenside Elementary to Celebration Community, 1260 W. Sherman. Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Commissioner Hood, Vice Mayor German, Commissioner Emory Absent (1): Commissioner Ramsey MOTION PASSES (6 to 0) 8. Public Hearings 8.a 2021 Consolidated Annual Performance Evaluation Report (CAPER) Hearing - Community & Neighborhood Services The CAPER is available on our website for citizen review and comment period of 15 days from January 29 -February 17, 2023. A public Hearing is another opportunity to comment about the Federal CDBG and HOME program activities performed during the fiscal year 2021 (July 1, 2021 - June 30, 2022). Click on the link to view the CAPER https://muskegon-mi.gov/city- services/development-services/community-neighborhood-services/reports/ STAFF RECOMMENDATION: To conduct a Public Hearing for the 2021 CAPER review. Sharonda Carson, Community and Neighborhood Services Director provided a brief overview of the 2021 Consolidated Annual Performance Evaluation Report. Public Hearing Commenced: Raynice Starr - spoke in favor of the department and it's resources. Marriah McIntosh - provided comments on the issue of community land trust issues; has reservations this program and wants more input from community. Director Carson spoke about qualifications for programs 8 Packet Page 18 Randy VanderWhite - asked about community land trust that is referenced in the CAPER on the city's website. Action No. 2023-32 Motion by: Commissioner Gorman Second by: Commissioner Hood To close the public hearing. Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner Emory Absent (1): Commissioner Ramsey MOTION PASSES (6 to 0) 9. Unfinished Business 9.a ARPA Community Grant Program - Development Services Seeking authorization to dedicate $1,500,000 from the City’s remaining allocation of American Rescue Plan Act (ARPA) federal stimulus funds for the creation of an “ARPA Community Grant” program. The federal American Rescue Plan Act of 2021 (ARP), signed into law 3/11/21, provided $350 billion to eligible state, local, territorial, and tribal governments to support and meet the public health and economic needs of those impacted by the COVID-19 public health emergency in their communities as well as address longstanding health and economic disparities, which amplified the impact of the pandemic in disproportionally impacted communities, resulting in more severe pandemic impacts. These funds are being made available through the federal Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) program. The program ensures that governments have the resources needed to: Fight the pandemic and support families and businesses struggling with its public health and economic impacts, Maintain vital public services, even amid declines in revenue, and Build a strong, resilient, and equitable recovery by making investments that support long-term growth and opportunity. 9 Packet Page 19 Of the approximately $6.1M from the City’s remaining balance of federal ARPA stimulus funds, $1.5M would be available to establish a new city- sponsored ARPA Community Grant program. Grant funds are intended to advance equity, strengthen the economic vitality of the city, and strengthen the quality of life for city residents. Proposals must meet the objectives of the ARPA program and be aligned with the City’s Long Term Goals and strategic priorities. Grant program details: Eligible applicants: 501(c)(3) nonprofit organizations & small businesses, located in the city. Grant funds to be used for costs incurred on or after March 3, 2021. Grant Applications available 3/1/23. Application deadline 3/31/23. ARPA Community Grant Review Committee will rank eligible applications and submit recommendations to the Commission. Commission will review and make funding decisions at the April 25th Commission meeting. Final Commission recommendations announced by April 26th. ARPA Community Grant Review Committee - one City Commissioner, one representative from each of the (4) City Commission Wards, and City Manager. Two representative(s) from local Community Based Organizations will also be included to act in an advisory role only. Grant award range - $25,000 to 250,000. Fixed grant requested amounts in the following increments only: $25,000, $50,000, $75,000, $100,000, $150,000, $200,000 or $250,000. Proposed projects must be obligated/contracted by 12/31/24, and funds spent by 12/31/26. Applicants awarded grant funds will enter into a contractual agreement (SLFRF Beneficiary Agreement) with the city which outlines general obligations and reporting requirements. AMOUNT REQUESTED: $1,500,000 AMOUNT BUDGETED: $1,500,000 FUND OR ACCOUNT: 101-901-982-092112 10 Packet Page 20 STAFF RECOMMENDATION: To authorize $1,500,000 from the City’s allocation of American Rescue Plan Act (ARPA) federal stimulus funds to create an ARPA Community Grant program. Action No. 2023-33 - Main Motion Motion by: Commissioner St.Clair Second by: Commissioner Emory To authorize $1,500,000 $1,600,000 from the City's allocation of American Rescue Plan Act (ARPA) federal stimulus funds to create an ARPA Community Grant Program, and to revisit unallocated ARPA funds as they become available, before December 31, 2024. (As amended in the following motions) Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner Emory Absent (1): Commissioner Ramsey MOTION PASSES (6 to 0) Amendment: Action No. 2023-33 Primary Amendment Motion by: Vice Mayor German Second by: Commissioner Hood To amend the motion by increasing the ARPA Community Grant allocation from $1,500,00 to $2,000,000 to $1,600,000 and to revisit unallocated ARPA funds as they become available, before December 31, 2024. (As amended in the following Amendment to the Amendment) Ayes: (5): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Commissioner Hood, and Commissioner Emory Nays: (1): Vice Mayor German Absent (1): Commissioner Ramsey MOTION PASSES (5 to 1) Amendment: Action No. 2023-33 Secondary Amendment 11 Packet Page 21 Motion by: Commissioner St.Clair Second by: Commissioner Emory To amend the amendment and increase the amount of the ARPA allocation from $1,500,00 to $1,600,000 instead of $2,000,000 and to revisit unallocated ARPA funds as they become available, before December 31, 2024. Ayes: (5): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Commissioner Hood, and Commissioner Emory Nays: (1): Vice Mayor German Absent (1): Commissioner Ramsey MOTION PASSES (5 to 1) 10. New Business 10.a Adelaide Pointe - First Addendum - City Manager - REMOVED PER STAFF REQUEST 10.b Second Amendment to the Planned Unit Development at Adelaide Pointe (1148 & 1204 W. Western Avenue) - Planning Request to amend the final Planned Unit Development at 1148 & 1204 W Western Ave (Adelaide Point). Changes from the last approved plan include the following: Condo building one (west waterfront side of development) rotated slightly to avoid the bike trail. Swimming pool from condo building one removed. East basin boat launch removed. Boats will now be launched at the Hartshorn launch ramp. It will remain open to the public and also be used to launch boats from the proposed Hartshorn Village boat storage building. Boat condo structures (C6) combined into one building. A motion to recommend approval of the PUD was approved by a 5-1 vote. STAFF RECOMMENDATION: To approve the request to amend the final Planned Unit Development at 1148 & 1204 W. Western Avenue (Adelaide Pointe). 12 Packet Page 22 Action No. 2023-34 Motion by: Commissioner St.Clair Second by: Commissioner Gorman To approve the request to amend the final Planned Unit Development at 1148 & 1204 W. Western Avenue (Adelaide Pointe). Ayes: (5): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Commissioner Hood, and Commissioner Emory Nays: (1): Vice Mayor German Absent (1): Commissioner Ramsey MOTION PASSES (5 to 1) 10.c Second Amendment to the Planned Unit Development at Hartshorn Village (920, 1050, 1060, 1000 and 1010 W. Western Ave) - Planning Request to amend the final Planned Unit Development at 920, 1050, 1060, 1000 and 1010 W Western Ave (Hartshorn Village). Changes from the last approved plan include the following: The next phase (Phase 2) of the single-family development has been reduced in size to what is now indicated on the plans. An additional 10 units (units 11-20) are proposed. With the reduced scope of Phase 2, the existing access from W Western to the parking area along the lake will remain. Development plans for the remaining property west of the access drive is yet to be determined. Once plans are finalized, the applicant will submit plans outlining the details. The parking lot to the north of the bike path, adjacent to the lake, will also remain. Previous plans depicted this area as public green space. For the west parcel adjacent to Adelaide Point a boat storage facility will be constructed in the area previously approved for eight single-family houses and a 17-unit condo building. The facility will provide winter storage and short-term seasonal storage and launching of boats for customers. Boats will need to be transported over the bike path. The proposed bike path is planned to stay in place, but it will be barricaded off when a boat is being launched. There will be a new alternate bike path around the building for when that happens. Please note that the Adelaide Point 13 Packet Page 23 development is no longer planning on using their east basin to launch boats. Boats from that development will also be using the Hartshorn launch ramp as well as the general public. The existing parking for Fricano’s Place will remain as it currently is and the new parking to the west will be eliminated. The Hartshorn Village Condominium will be amended and all documents revised to convert the condominium from a traditional condominium to a site condominium. A motion to approve the PUD with conditions was approved by a 4-3 vote. The conditions included: Stormwater permit is issued by the City Engineering Department 10-inch concrete to be installed where forklift operates. Bike path is elevated near the wetlands. Future community (building) and pool location be removed. That the gate from the large boat basin be removed. These conditions have been met with updates to the site plan. The stormwater permit is currently being amended. STAFF RECOMMENDATION: To approve the request to amend the final Planned Unit Development at 920, 1050, 1060, 1000 and 1010 W. Western Avenue (Hartshorn Village) with the condition that a stormwater permit is issued from the Engineering Department. Action No. 2023-35 Motion by: Commissioner St.Clair Second by: Commissioner Hood To approve the request to amend the final Planned Unit Development at 920, 1050, 1060, 1000 and 1010 W. Western Avenue (Hartshorn Village) with the conditions that a stormwater permit is issued from the Engineering Department, a sidewalk be added, that the driveway from Western Avenue to Hartshorn parking lot/launch ramp be publicly accessible, and there is a 10 ft. setback and landscaping between the boat storage building and the bike path. 14 Packet Page 24 Ayes: (5): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Commissioner Hood, and Commissioner Emory Nays: (1): Vice Mayor German Absent (1): Commissioner Ramsey MOTION PASSES (5 to 1) 11. Any Other Business 11.a Re: Adelaide Pointe Addendum Mayor Johnson spoke regarding potentially placing the Adelaide Pointe Addendum on the Legislative Policy Committee meeting agenda Wednesday, February 22, 2023 at 5:30 - along with other items. 11.b Recognition of Black History Month In recognition of Black History Month, Vice Mayor German spoke about the events leading to the creation of the month long celebration. Vice Mayor German also paid tribute to Frederick Douglass, an American historical figure. 11.c Adelaide Pointe Public Forum Mayor Johnson complimented staff on the public forum that was held at City Hall on Thursday, February 2, 2023. The presentation as well as FAQ's are on the city's website. He also encourages those with questions to reach out to staff or the developer. 12. Public Comment on Non-Agenda items Reminder: Individuals who would like to address the City Commission shall do the following: Fill out a request to speak form attached to the agenda or located in the back of the room. Submit the form to the City Clerk. Be recognized by the Chair. Step forward to the microphone. State name and address. Limit of 3 minutes to address the Commission 15 Packet Page 25 (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.) Public comments were received. 13. Closed Session 14. Adjournment The City Commission meeting adjourned at 10:04 p.m. _________________________ Respectfully Submitted, Ann Marie Meisch, MMC - City Clerk 16 Packet Page 26 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 14, 2023 Title: Rules of the City Commission Submitted By: Ann Meisch Department: City Clerk Brief Summary: To modify the Rules of the City Commission under E. Citizen Participation (2) and remove the option for groups to be allowed to speak ten minutes. Detailed Summary & Background: Additional opportunities have recently been provided to the community to communicate at meetings including the ability to call in on meetings that are televised live, the ability to watch a meeting by zoom for those not televised, and the addition of community engagement forums. Because of the increase in public participation, many residents wait beyond what can be considered a reasonable timeframe to address the Commission. The Legislative Committee advises the option for groups to speak ten minutes be eliminated and allow all groups and citizens to speak up to three minutes so all those wishing to address the Commission can do so in a timely manner. Goal/Focus Area/Action Item Addressed: Community Connection – Action item 20-22-3.3 Update and implement internal communication policies. Amount Requested: NA Amount Budgeted: Fund(s) or Account(s): NA Fund(s) or Account(s): Recommended Motion: To approve the revised Rules of the City Commission to eliminate the option for groups to speak ten minutes 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 27 CONTENTS RULES OF THE CITY COMMISSION A. Regular & Special Meetings B. Meeting Procedures C. Closed Meetings D. Voting & Discussion E. Citizen Participation F. Agenda G. Consent Agenda H. Recording of Meeting I. Miscellaneous J. Committee Assignments K. Manager Evaluation Process GUIDELINES FOR CONDUCT A. Public Relations B. City Commission Relations with City Staff C. City Commission Relations with Appointed City Commissions and Committees and Commission Member Representation to other Agencies and Groups Packet Page 28 RESOLUTION A RESOLUTION OF THE CITY OF MUSKEGON ADOPTING RULES OF THE CITY COMMISSION FOR THE CONDUCT OF COMMISSION MEETINGS AND A CODE OF CONDUCT. BE IT RESOLVED by the City Commission of the City of Muskegon that said Commission does hereby adopt certain rules of procedures and conduct as follows: RULES OF THE CITY COMMISSION A. REGULAR AND SPECIAL MEETINGS: 1. REGULAR MEETINGS Regular meetings of the City Commission will be held on the second and fourth Tuesday of each month beginning at 5:30 p.m., local prevailing time, at the City Hall, 933 Terrace Street, Muskegon. Regular meetings may be rescheduled to other times by a vote of the Commission. 2. SPECIAL MEETINGS A special meeting may be called by the Mayor or any of two (2) or more members-of Commission and upon at least eighteen (18) hours-notice to each member. 3. BUSINESS AT SPECIAL MEETINGS No business shall be transacted at any special meeting of the Commission unless the same has been stated in the required notice of such meeting. 4. STUDY SESSION MEETINGS The Study Work Session meetings will be held on the Monday preceding the second Tuesday of each month at 5:30 p.m. in City Hall, 933 Terrace Street. 5. REGULAR AND SPECIAL MEETING NOTICE (POSTING) REQUIREMENTS. a) For regular meetings of the Commission, the Clerk shall post at the City Hall, within three (3) days after the first meeting of the Commission in each calendar year, a public notice stating the dates, times, and places of its regular meeting for the year. b) For a rescheduled regular or a special meeting, of the Commission, a public notice stating the date, time, place and reason of the meeting shall be posted in City Hall at least 18 hours before the meeting. c) However, such notice, as described in 5a and b above, is not required for a meeting of the Commission in emergency session in the event of a widespread natural disaster or a severe and imminent threat to the health, safety or welfare Packet Page 29 of the public when two-thirds of the members of the Commission determine that delay would be detrimental to the City’s efforts in responding to the threat. 6. SHARING OF MEETING AGENDAS AND PACKETS City Clerk shall upload every regular City Commission meeting packet to the city’s website at least 84 hours prior to the start of the meeting. Additionally, upon written request of an individual, organization, firm or corporation, and upon the requesting party's payments of an annual fee of not more than the reasonable estimated cost for printing and postage of such notices, the Clerk shall send to the requesting party by first class mail a copy of regular meeting agendas. Upon written request, the Clerk shall provide a copy of such notices of Meetings to any newspaper published in the City of Muskegon and to any radio and television station located in Muskegon County free of charge. 7. MINUTES OF REGULAR AND SPECIAL MEETINGS a) A journal of the proceedings of each regular and special meeting will be kept in the English language by the Clerk and shall be signed by the City Clerk, upon approval of Commission. b) Unapproved minutes of regular or special meetings will be available for public inspection not more than eight business days after such meeting. c) Approved minutes will be available for public inspection not later than five business days after the meeting at which the minutes were approved. B. MEETING PROCEDURES: 1. MEETINGS TO BE PUBLIC All regular and special meetings of the City Commission shall be open to the public and citizens shall have a reasonable opportunity to be heard under such rules and regulations as the Commission may prescribe. 2. ORDER OF BUSINESS An agenda for each Regular Commission meeting shall be prepared by the Mayor, City Manager, or City Clerk in accordance with the following order of business: Packet Page 30 a. Call Meeting to Order/Welcome b. Prayer c. Pledge of Allegiance d. Roll Call e. Honors and Awards f. Public Comment on Agenda Items g. Consent Agenda h. Public Hearings i. Unfinished Business j. New Business k. Any Other Business l. Public Comment on Non-Agenda Items m. Adjournment 3. QUORUM Four (4) members of the Commission in office at the time shall be a quorum for the transaction of business. 4. PRESIDING OFFICER The presiding officer shall be responsible for enforcing the Rules of the City Commission, contained herein, as well as the Code of Conduct. The Mayor shall be the presiding officer of the Commission. In the absence of or disability of the Mayor, the Vice-Mayor shall be the presiding Officer of the Commission. In the absence or disability of both, the Commission may designate another of its members to serve as presiding during such absence or disability. C. CLOSED MEETINGS: 1. PURPOSE The City Commission may only meet in closed session for purposes defined in the Michigan Open meetings Act as follows: a) To consider the dismissal, suspension, or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member, or individual agent, when the named person requests a closed hearing. b) For strategy and negotiation sessions connected with the negotiation of a collective bargaining agreement or related issues when either negotiating party requests a closed herein c) To consider the purchase or lease of real property up to the time an option to purchase or lease that real property is obtained. This does not include the sale, lease or other conveyance of City property to others. d) To consult with its attorney regarding trial or settlement strategy in connection with specific pending litigation, but only when an open meeting would have a Packet Page 31 detrimental financial effect on the litigating or settlement position of the Commission. e) To review the specific •contents of an application for employment or appointment to a public office when the candidate requests that the application remain confidential. Ali interviews by a public body for employment or appointment to a public office shall be held in an open meeting pursuant to this act. f) To consider material exempt from discussion or disclosure by state or federal statute. 2. CALLING CLOSED SESSIONS: A two-thirds roll call vote of the Commission members elected and serving shall be required, except under Sections (a) and (b) above. The roll call vote shall be taken at an open meeting and the purpose for calling the closed session shall be entered into the minutes of the meeting at which the vote is taken. 3. MINUTES OF CLOSED MEETINGS A separate set of minutes •shall be taken by the Clerk or the designated Secretary at the closed session. These minutes will be retained by the Clerk of the Commission, shall not be available to the public, and shall be disclosed if required by a civil action. These minutes shall be kept for a period of one year from the date of the closed meeting. 4. CONFIDENTIALITY OF CLOSED MEETING INFORMATION A City Commission member shall not divulge to an unauthorized person confidential information discussed in an executive session in advance of the time prescribed for ifs authorized release to the public by the City Commission. Commission members shall honor the confidentiality of the debate, discussion, and preliminary action taken in executive session, and be aware of the potential financial liability and/or harm- to the reputation of the City by premature disclosure. D. VOTING AND DISCUSSION: 1. ROLL CALL In all call votes, the names of the members of the Commission shall be called. A vote upon all ordinance enactments, rezoning issues, and liquor license requests shall be taken by a roll call vote and entered upon the records. 2. RESULTS OF VOTING In all cases where a vote is taken, the Chair or Clerk shall declare the result. Packet Page 32 3. DUTY TO VOTE Whenever a question is put before the Chair, every member shall vote, provided however, that no member shall be required to vote if: a) That member shall have a conflict of interest and shall state his/her conflict of interest, or b) That member shall state that he/she has inadequate information upon which to base a reasonably informed vote and shall state the particulars of the information desired before a reasonable informed vote can be cast. Absence from a prior meeting shall not constitute the basis of the lack of information referred to above If a member is precluded from voting pursuant to a conflict of interest, that member shall refrain from participating in the discussion on the issue. 4. CONDUCT OF DISCUSSION The maker of the motion shall speak first, and the supporter of the motion shall speak second. During Commission discussion and debate, no member shall speak until recognized for the purpose by the Chair. After such recognition the member shall confine discussion to the question at hand. Personal comments about other individuals should be avoided. When addressing other members of the Commission they should be addressed by title and/or last name but not by first name. No member should request to speak a second time on a motion as long as another is requesting recognition to speak for a first time. After every member of the Commission has had the opportunity to speak on an item for the first time, the Mayor may ask if any member of the Commission would like to make a motion to call the question. If a motion is made and seconded, debate shall stop immediately and the Mayor will take a vote on the motion to call the question by a show of hands; if 2/3 of the present Commissioners agree to end the debate, the Clerk shall immediately take a roll call vote on the underlying motion. If the motion to call the question fails to garner the support of 2/3 of the present Commissioners, debate will continue; once every member has had an opportunity to speak on the item for a second time, the Mayor may ask if any member of the Commission would like to make a motion to call the question, and the process described above will repeat itself. 5. COMMISSION MEMBER REQUESTS FOR POSTPONEMENTS Requests for postponements on agenda items from members of Commission requires approval by a majority of Commission present. 6. RULES OF PARLIAMENTARY PROCEDURE The rules of parliamentary practice as contained in Robert's Rules of Order, most recent edition, shall govern the Commission in all cases to which they are applicable, provided they are not in conflict with these Rules or with the Ordinances and Charter of the. City of Muskegon. Packet Page 33 7. RECONSIDERATION OF MOTIONS When a question has been decided, it shall be in order for any Commission member who voted on the prevailing side of the question to move the reconsideration at the same meeting or at the next regularly scheduled meeting provided no action has been taken as a result of the previous vote. 8. GENERAL CONSENSUS General consent or consensus may be used to give direction and the minutes should indicate that a majority consented. E. CITIZEN PARTICIPATION: 1. GENERAL Each Commission meeting agenda shall provide for reserve time for audience participation, as requested 2. REQUESTS TO SPEAK, LENGTH OF PRESENTATION - PUBLIC HEARINGS AND PARTICIPATION Members of the public at the meeting shall not speak unless recognized by the chair. Members of the public shall be limited to speaking for a maximum of three (3) minutes during any public hearing or public comment. A person representing a group and 3. PERSONS ADDRESSING THE COMMISSION Prior to addressing Commission, members of the public shall step up to the microphone/podium and state their name and address. and, if appropriate, group affiliation. The Commission may in its discretion limit public comments to new information or matters not fully addressed at any previous meeting regarding the agenda item at issue. 4. REQUESTS TO SPEAK ON AN AGENDA ITEM Prior to the start of the meeting, any member of the public may submit a written request form to the City Clerk requesting to speak on an agenda item. All written requests will be honored under the Item F – Public Comment on Agenda Items. All comments shall be directed to the Mayor; Commissioners shall not engage in dialogue, debate, or negotiation with commenters. 5. REQUESTS TO SPEAK DURING PUBLIC PARTICIPATION. a. Any person who wishes to speak on a subject not on the printed agenda may speak at this time. All rules of conduct still apply. b. Candidates or any person(s) working for a candidate shall not be allowed to use public participation time for campaigning. 6. DISORDERLY CONDUCT AT MEETINGS. Packet Page 34 Persons addressing the Commission shall make responsible comments and shall refrain from making personal, impertinent, slanderous or profane remarks. The Chairperson may call to order any person who is being disorderly by speaking when not recognized by the chair or otherwise disrupting the proceeding by failing to be germane, by speaking longer than the allotted time, or by speaking vulgarities. Such persons shall thereupon be seated until the Chair shall have determined whether the person is in order. If a person so engaged in presentation shall be called out of order, he or she shall not be permitted to speak at the same meeting, except upon special leave by the Commission. If the person shall continue to be disorderly and disrupt the meeting, the chair may order the Police Department to remove the person from the meeting. F. AGENDA: 1. PREPARATION The City Manager and City Clerk shall prepare an agenda for each regular or special meeting of the City Commission. The deadline for submitting items for Commission agenda is 4:00 p.m. on the Tuesday preceding the Tuesday of the Commission meeting to the City Clerk. Agenda items from Commission members should be submitted in writing by this same time to the City Manager. Requested items will appear on a meeting agenda within three meetings after request is made. 2. DISTRIBUTION Agendas, ordinances and all related background material will be delivered to City Commission members, via email, the Thursday before the scheduled regular meeting, or at least 12 hours before a scheduled special meeting. 3. AGENDA MATERIAL Department Heads and all others shall submit written requests for inclusion on the agenda to the City Clerk with necessary supporting data. Written presentations shall be submitted by 4:00 p.m. on the Tuesday preceding the Tuesday Commission meeting for circulation with agendas. Agenda requests could be delayed to a later meeting if related information is not received by the City Clerk in a timely manner. G. CONSENT AGENDA: 1. PURPOSE. Consent agenda will be used to allow the City Commission to act one many items at one time. 2. AGENDA ITEMS. A consent agenda will be developed by the City Clerk and/or City Manager prior to the regular meeting items. Any action items not requiring a formal public hearing may be included in the Consent Agenda. Any member of the Commission may request that an item be removed from the consent agenda and placed on the regular agenda for discussion. Packet Page 35 H. RECORDING OF COMMISSION MEETINGS: 1. MEETINGS MAY BE RECORDED All regular or special meetings of the City Commission may be recorded through the use of audio/visual electronic devices. Such recordings will be under the control and supervision of the City Clerk. The City Clerk shall provide each member of the City Commission with a copy of the audio file from each Worksession meeting. 2. RETENTION OF RECORDS Any recordings from Commission meetings may be retained by the City Clerk until the meeting minutes are approved. Any recordings from Worksession meetings shall be retained for a period of two (2) years from the date of the meeting. I. MISCELLANEOUS: 1. AMENDMENTS TO RULES The rules of the City Commission may be altered or amended by a majority vote of two- thirds of the entire Commission. 2. SUSPENSION OF RULES The rules of the City Commission may be suspended for good cause for a specified portion of a meeting by a two-thirds majority of the entire Commission. 3. CONTROLLING AUTHORITY These rules shall control, unless preempted by City Charter, State laws or the Court. 4. REVIEW OF CONSULTANTS City Commission shall make an annual internal evaluation of consultants at the time of review of the City budget to determine if the services being provided are satisfactory and if judged to be inappropriate, will move to proceed with establishing a more formal review process. 5. RESOLUTIONS OF RECOGNITION Requests for resolutions will be made and acted on at the Community Relations Committee Meeting. All Commissioners will sign resolutions voted on and approved. As Mayor, the Mayor can sign any other resolutions. Packet Page 36 J COMMITTEE ASSIGNMENTS 1. ASSIGNMENTS The Mayor may assign Commission members to any committee as is deemed necessary, with approval of the City Commission. 2. RESPONSIBILITIES Commission member's responsibilities as committee members will be generally limited to policy and not the administration of a department or appointed organization. K. CITY MANAGER EVALUATION PROCESS The City Manager will be evaluated by the members of the City Commission before July 1st each year. Forms and materials will be sent out by the City Clerk and all completed forms will be returned to the City Clerk for compiling. A report will be generated by the City Clerk with the results of the evaluations. A meeting with the City Manager and City Commissioners will be scheduled to review the evaluations. L. ITEMS REQUIRING CITY COMMISSION APPROVAL The City Commission authorizes the City Clerk, City Manager, and Department Heads to exercise discretion when determining which items require formal City Commission approval and must be included on a City Commission Agenda. Regardless of such discretion, the following items must be presented to the City Commission for formal action: 1. All items in which City Charter, State, or Federal rules/regulations require legislative body approval. 2. The annual operating budget and amendments thereto. 3. All formal City Commission policies and procedures and amendments thereto. 4. All Ordinances and amendments thereto. 5. All purchases over $15,000 for which an appropriation has been not previously established as part of the adopted or amended annual budget. 6. The purchase or sale of real property. 7. Borrowing of funds. 8. All formal agreements between the City and another party that extend beyond one year in duration or result in expenses to the City in excess of $25,000 annually. Adopted 8/27/193/14/2023 Packet Page 37 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 14, 2023 Title: Sale of 363 McLaughlin Avenue Submitted By: LeighAnn Mikesell Department: City Manager’s Office Brief Summary: Staff is requesting approval of a purchase agreement for 363 McLaughlin Avenue. Detailed Summary & Background: 363 McLaughlin Avenue was constructed through the agreement with Dave Dusendang to construct infill housing with ARPA funding. The offer is for $10,000 over the full listing price with $10,000 in seller concessions. The offer also includes costs to cover additional appliances and air conditioning. 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 363 McLaughlin 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 38 February 20, 2023 D’Angelo Seals 2828 7th St Muskegon Heights, MI 49444 RE: Pre-Approval Letter Thank you for choosing Revolution Mortgage to assist you in the financing of your home purchase. This letter is to advise you that your loan application has been PRE-APPROVED based upon the following terms: Loan Type: FHA Property Type: Single Family Closing Date: 03/17/2023 or sooner Property Address: 2362 Greenwood St Muskegon, MI 49441 Please understand this is a pre-approval letter, your completed application must still go through final underwriting by Revolution Mortgage. Once the property appraisal and any outstanding documentation are received, an underwriter employed by Revolution Mortgage will review the provided information. This loan is also subject to any additional conditions which the underwriter might require, including an acceptable appraisal and title commitment. A credit report has been prepared and reviewed by the lender and the loan has been run through an automated underwriting system prior to issuing this letter. If you need anything further, please let me know. Sincerely, Yvonne Manus Loan Officer NMLS # 2273983 ymanus@revolutionmortgage.com Revolution Mortgage 616.560.9596 14998 Cleveland St, Unit F Spring Lake, MI 49456 Packet Page 39 dotloop signature verification: dtlp.us/fhKQ-iLEb-fvDR Please read and have buyer/s sign. Attach with offer. Paragraph 8- Seller will provide a quit claim deed vs a warranty deed. Builder one year warranty starts from day of Certificate of Occupancy. Buyer shall bring dwelling unit into compliance with the following per the city’s Zoning Ordinance: Each dwelling unit shall have an approved established vegetative ground cover, native to the immediate area within 600 feet, no less than 12 months after occupancy. Approval shall be given by zoning staff of the Planning Department as part of the initial residential site plan review. A minimum of one shade tree, two and one-half inches (2.5") in diameter, four feet (4') from the ground or one six foot (6') evergreen tree shall be provided. Existing landscaping may be accepted in lieu of this requirement. Buyer shall be responsible to water and maintain vegetation. D'Angelo K Seals dotloop verified 02/27/23 3:23 AM EST __________________________________________ C2JK-WCRM-PDFA-ETZV Buyer __________________________________________ Buyer Mariana Murillo VanDam dotloop verified 02/28/23 5:44 PM EST ZVOP-FZZH-QFPN-IA01 __________________________________________ Buyer’s Agent LeighAnn Mikesell dotloop verified _______________________________________ 03/01/23 9:34 AM EST OM7E-SZUE-MPBP-PIGK LeighAnn Mikesell Packet Page 40 dotloop signature verification: dtlp.us/2VKA-6KUe-Jgcs WEST MICHIGAN REGIONAL PURCHASE AGREEMENT # 1 DATE: 02/26/2023 , 6pm (time) MLS # new SELLING OFFICE: West Urban Realty BROKER LIC.#: 6505429509 REALTOR® PHONE: 616-366-2459 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 Primary Selling Agent Name: Mariana Murillo VanDam Email: mariana@westurbanrealtymi.c Lic.#: 6506015435 Alternate Selling Agent Name: Email: Lic.#: 3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.) Buyer has received the Seller’s Disclosure Statement, dated . 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. Home Warranty 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) 363 McLaughlin Avenue, Muskegon, MI 494 with the following legal description and tax parcel ID numbers: DIST:24 SUBD:CITY OF MUSKEGON REVISED PLAT (OF 1903) SEC/TWN/RNG/MER:SEC 05 TWN 9N RNG 17W CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 263 LOT 11 PP# 61-24-205-263-0011-00 . The following paragraph applies only if the Premises include unplatted land: Seller agrees to grant Buyer at closing the right to make (insert number) na division(s) under Section 108(2), (3), and (4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or before , of the proposed division to create the Premises. 6. Purchase Price: Buyer offers to buy the Property for the sum of $ 185,943.00 one hundred eighty-five thousand nine hundred forty-three U.S. Dollars 7. Seller Concessions, if any: $10,000 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 % per annum (rate at time of loan application), on or before the date the sale is to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to process the application, within days after the Effective Date, not to impair Buyers’ credit after the date such loan if offered. Seller Buyer will agree to pay an amount not to exceed $ na representing repairs required as a condition of financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from ©Copyright, West Michigan REALTOR® Associations Page 1 of 6 Rev. Date 1/2023 DKS Buyer’s Initials LM Seller’s Initials Packet Page 41 02/27/23 3:23 AM EST dotloop verified 02/28/23 5:23 PM EST dotloop verified dotloop signature verification: dtlp.us/2VKA-6KUe-Jgcs 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: All Appliances, Washer and Dryer, AC but does not include: 355 McLaughlin Avenue, Muskegon, MI 49442 02/26/2023 6pm Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 1/2023 DKS Buyer’s Initials LM Seller’s Initials 02/27/23 02/28/23 Packet Page 42 3:23 AM EST 5:23 PM EST dotloop verified dotloop verified dotloop signature verification: dtlp.us/2VKA-6KUe-Jgcs 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. Seller has an ongoing obligation through the Closing to disclose to the Buyer any known pending assessments, including, but not limited to, any mandatory utility connection requirements, and/or benefit charges, and condominium special assessments, that have not been previously disclosed in writing to Buyer. 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 DKS Buyer’s responsibility and expense. 02/27/23 3:23 AM EST dotloop verified Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone. All inspections and investigations will be completed within ____ days after the Effective Date. If the results of Buyer’s inspections and investigations are not acceptable to Buyer, Buyer may, within the above referenced period, either (a) terminate this Agreement by written notice to Seller and receive a refund of Buyer’s Earnest Money Deposit, or (b) make a written proposal to Seller to correct those unsatisfactory conditions, which proposal must be in the form of a proposed addendum and must be signed by Buyer in order for it to be effective. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have 355 McLaughlin Avenue, Muskegon, MI 49442 02/26/2023 6pm Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 1/2023 DKS Buyer’s Initials LM Seller’s Initials 02/27/23 02/28/23 Packet Page 43 3:23 AM EST 5:23 PM EST dotloop verified dotloop verified dotloop signature verification: dtlp.us/2VKA-6KUe-Jgcs West Michigan Regional Purchase Agreement Page 4 of 6 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: Seller will use Transnation Title 18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property and the location of improvements thereon. Buyer or Seller (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: Existing survey from builder 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: Home warranty from Builder 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 02/24/2023 . 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 355 McLaughlin Avenue, Muskegon, MI 49442 02/26/2023 6pm Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations DKS Buyer’s Initials LM Seller’s Initials Revision Date 1/2023 02/27/23 02/28/23 3:23 AM EST 5:23 PM EST Packet Page 44 dotloop verified dotloop verified dotloop signature verification: dtlp.us/2VKA-6KUe-Jgcs 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 6pm (time) on 02/28/2023 (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 Transnation Title (insert name of broker, title company, other) within 72 hours of the Effective Date of this Agreement, and shall be applied against the Purchase Price. If the Earnest Money Deposit is not received within 72 hours of the Effective Date or is returned for insufficient funds, Seller may terminate this Agreement until such time as the Earnest Money Deposit is received. If Seller terminates this Agreement under this provision, Seller waives any claim to the Earnest Money Deposit. If the sale is not closed due to a failure to satisfy a contingency for a reason other than the fault of Buyer, the Earnest Money Deposit shall be refunded to Buyer. If the sale is not closed as provided in this Agreement and Buyer and Seller do not agree to the disposition of the Earnest Money Deposit, then Buyer and Seller agree that the Broker holding the Earnest Money Deposit may notify Buyer and Seller, in writing, of Broker’s intended disposition of the Earnest Money Deposit. If Buyer and Seller do not object to such disposition in writing within fifteen (15) days after the date of Broker’s notice, they will be deemed to have agreed to Broker’s proposed disposition; if either Buyer or Seller object and no mutually agreeable disposition can be negotiated, Broker may deposit the funds by interpleader with a court of proper jurisdiction or await further actions by Buyer and Seller. In the event of litigation involving the deposit, in whole or in part, either the Seller or the Buyer that is not the prevailing party, as determined by the court, will reimburse the other for reasonable attorneys’ fees and expenses incurred in connection with the litigation, and will reimburse the Broker for any reasonable attorneys’ fees and expenses incurred in connection with any interpleader action instituted. If the entity holding the Earnest Money Deposit is not the Broker, then to the extent that the terms of any escrow agreement conflict with this paragraph, then the terms and conditions of the escrow agreement shall control. 25. Professional Advice: Broker hereby advises Buyer and Seller to seek legal, tax, environmental and other appropriate professional advice relating to this transaction. Broker does not make any representations or warranties with respect to the advisability of, or the legal effect of this transaction. Buyer further acknowledges that REALTOR® above named in the Agreement hereby recommends to DKS 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 02/27/23 3:23 AM EST sale are adhered to before the transaction is consummated. Buyer agrees that Buyer is not relying on any representation or statement dotloop verified 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 355 McLaughlin Avenue, Muskegon, MI 49442 02/26/2023 6pm Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations DKS Buyer’s Initials LM Seller’s Initials Revision Date 1/2023 02/27/23 02/28/23 3:23 AM EST 5:23 PM EST Packet Page 45 dotloop verified dotloop verified dotloop signature verification: dtlp.us/2VKA-6KUe-Jgcs 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 D'Angelo K Seals Buyer dotloop verified 02/27/23 3:23 AM EST LJSO-J2FP-4SBQ-GW0B Buyer 1 Phone: (Res.) (Bus.) D'Angelo Seals 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 # 6505429509 Listing Agent Name: 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. X (Seller’s Signature, Date, Time): LeighAnn Mikesell dotloop verified 02/28/23 5:23 PM EST CHG7-GT43-6RH2-RYRB LeighAnn Miksell 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): 355 McLaughlin Avenue, Muskegon, MI 49442 02/26/2023 6pm Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 1/2023 DKS Buyer’s Initials LM Seller’s Initials 02/27/23 02/28/23 Packet Page 46 3:23 AM EST dotloop verified 5:23 PM EST dotloop verified Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 14, 2023 Title: Sale of 304 McLaughlin Avenue Submitted By: LeighAnn Mikesell Department: City Manager’s Office Brief Summary: Staff is requesting approval of a purchase agreement for 304 McLaughlin Avenue. Detailed Summary & Background: 304 McLaughlin Avenue was constructed through the agreement with Dave Dusendang to construct infill housing with ARPA funding. The offer is for $5,278 over the full listing price with $5,278 in seller concessions. The offer also includes costs to cover additional appliances and air conditioning. 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 304 McLaughlin 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 47 dotloop signature verification: dtlp.us/h9By-eryx-Kipu WEST MICHIGAN REGIONAL PURCHASE AGREEMENT # 1 DATE: 02/22/2023 , 6pm (time) MLS # 23001622 SELLING OFFICE: West Urban Realty LLC BROKER LIC.#: 6506015435 REALTOR® PHONE: 616-366-2459 LISTING OFFICE: West Urban Realty LLC 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 Primary Selling Agent Name: Mariana Murillo VanDam Email: mariana@westurbanrealtymi.c Lic.#: 6506015435 Alternate Selling Agent Name: Email: Lic.#: 3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.) Buyer has received the Seller’s Disclosure Statement, dated . 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 Home Warranty 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) 304 McLaughlin Ave, Muskegon, MI 49442 with the following legal description and tax parcel ID numbers: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 7 BLK 260 PP# 24205260000700 . The following paragraph applies only if the Premises include unplatted land: Seller agrees to grant Buyer at closing the right to make (insert number) na division(s) under Section 108(2), (3), and (4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or before , of the proposed division to create the Premises. 6. Purchase Price: Buyer offers to buy the Property for the sum of $ 181,242 one hundred eighty-one thousand two hundred forty-two U.S. Dollars 7. Seller Concessions, if any: $5278 seller concession 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 % per annum (rate at time of loan application), on or before the date the sale is to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to process the application, within 5 days after the Effective Date, not to impair Buyers’ credit after the date such loan if offered. Seller Buyer will agree to pay an amount not to exceed $ na representing repairs required as a condition of financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from ©Copyright, West Michigan REALTOR® Associations Page 1 of 6 Rev. Date 1/2023 RC GW Buyer’s Initials LM Seller’s Initials Packet Page 48 02/22/23 5:51 PM EST dotloop verified 02/22/23 6:00 PM EST dotloop verified 03/01/23 12:08 PM EST dotloop verified dotloop signature verification: dtlp.us/h9By-eryx-Kipu 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: All Appliances, Washer and Dryer, AC but does not include: 304 McLaughlin Ave, Muskegon, MI 49442 02/22/2023 6pm Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 1/2023 RC GW Buyer’s Initials LM Seller’s Initials 02/22/23 02/22/23 03/01/23 Packet Page 49 5:51 PM EST 6:00 PM EST 12:08 PM EST dotloop verified dotloop verified dotloop verified dotloop signature verification: dtlp.us/h9By-eryx-Kipu 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. Seller has an ongoing obligation through the Closing to disclose to the Buyer any known pending assessments, including, but not limited to, any mandatory utility connection requirements, and/or benefit charges, and condominium special assessments, that have not been previously disclosed in writing to Buyer. 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 RC Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be 02/22/23 Buyer’s responsibility and expense. 5:51 PM EST GW Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances dotloop verified 02/22/23 and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the 6:00 PM EST dotloop verified Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone. All inspections and investigations will be completed within ____ days after the Effective Date. If the results of Buyer’s inspections and investigations are not acceptable to Buyer, Buyer may, within the above referenced period, either (a) terminate this Agreement by written notice to Seller and receive a refund of Buyer’s Earnest Money Deposit, or (b) make a written proposal to Seller to correct those unsatisfactory conditions, which proposal must be in the form of a proposed addendum and must be signed by Buyer in order for it to be effective. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have 304 McLaughlin Ave, Muskegon, MI 49442 02/22/2023 6pm Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 1/2023 RC GW Buyer’s Initials LM Seller’s Initials 02/22/23 02/22/23 03/01/23 Packet Page 50 5:51 PM EST 6:00 PM EST 12:08 PM EST dotloop verified dotloop verified dotloop verified dotloop signature verification: dtlp.us/h9By-eryx-Kipu West Michigan Regional Purchase Agreement Page 4 of 6 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: Transnation Title 18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property and the location of improvements thereon. Buyer or Seller (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: Existing builder survey 19. Home Protection Plan: Buyer and Seller have been informed that home protection plans may be available. Such plans may provide additional protection and benefit to the parties. Exceptions: 20. Prorations: Rent; association dues/fees, if any; insurance, if assigned; interest on any existing land contract, mortgage or lien assumed by Buyer; will all be adjusted to the date of closing. For the purposes of calculating prorations, it is presumed that Seller owns the Property through the day before closing. 21. Closing: If agreeable to Buyer and Seller, the sale will be closed as soon as closing documents are ready, but not later than 03/24/2023 . 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 304 McLaughlin Ave, Muskegon, MI 49442 02/22/2023 6pm Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations RC GW Buyer’s Initials LM Seller’s Initials Revision Date 1/2023 02/22/23 02/22/23 03/01/23 5:51 PM EST 6:00 PM EST 12:08 PM EST Packet Page 51 dotloop verified dotloop verified dotloop verified dotloop signature verification: dtlp.us/h9By-eryx-Kipu West Michigan Regional Purchase Agreement Page 5 of 6 will have the privilege to occupy the Property and hereby agrees to pay Buyer $ na as an occupancy fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds. If Seller fails to deliver possession to Buyer on the agreed date, Seller shall become a tenant at sufferance and shall pay to Buyer as liquidated damages $ na per day plus all of the Buyer’s actual reasonable attorney's fees incurred in removing the Seller from the Property. If Seller occupies the Property after closing, Seller will pay all utilities during such occupancy. Buyer will maintain the structure and mechanical systems at the Property. However, any repairs or replacements necessitated by Seller’s misuse, abuse, or neglect of any portion of the Property will be Seller’s responsibility and expense. On the agreed delivery date, Seller shall deliver the Property free of trash and debris and in broom-clean condition, shall remove all personal property (unless otherwise stated in this or an additional written agreement), shall make arrangements for final payment on all utilities, and shall deliver all keys to Buyer. Exceptions: 24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 5pm (time) on 02/23/2023 (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 Transnation Title (insert name of broker, title company, other) within 72 hours of the Effective Date of this Agreement, and shall be applied against the Purchase Price. If the Earnest Money Deposit is not received within 72 hours of the Effective Date or is returned for insufficient funds, Seller may terminate this Agreement until such time as the Earnest Money Deposit is received. If Seller terminates this Agreement under this provision, Seller waives any claim to the Earnest Money Deposit. If the sale is not closed due to a failure to satisfy a contingency for a reason other than the fault of Buyer, the Earnest Money Deposit shall be refunded to Buyer. If the sale is not closed as provided in this Agreement and Buyer and Seller do not agree to the disposition of the Earnest Money Deposit, then Buyer and Seller agree that the Broker holding the Earnest Money Deposit may notify Buyer and Seller, in writing, of Broker’s intended disposition of the Earnest Money Deposit. If Buyer and Seller do not object to such disposition in writing within fifteen (15) days after the date of Broker’s notice, they will be deemed to have agreed to Broker’s proposed disposition; if either Buyer or Seller object and no mutually agreeable disposition can be negotiated, Broker may deposit the funds by interpleader with a court of proper jurisdiction or await further actions by Buyer and Seller. In the event of litigation involving the deposit, in whole or in part, either the Seller or the Buyer that is not the prevailing party, as determined by the court, will reimburse the other for reasonable attorneys’ fees and expenses incurred in connection with the litigation, and will reimburse the Broker for any reasonable attorneys’ fees and expenses incurred in connection with any interpleader action instituted. If the entity holding the Earnest Money Deposit is not the Broker, then to the extent that the terms of any escrow agreement conflict with this paragraph, then the terms and conditions of the escrow agreement shall control. 25. Professional Advice: Broker hereby advises Buyer and Seller to seek legal, tax, environmental and other appropriate professional advice relating to this transaction. Broker does not make any representations or warranties with respect to the advisability of, or the legal effect of this transaction. Buyer further acknowledges that REALTOR® above named in the Agreement hereby recommends to Buyer that an attorney be retained by Buyer to pass upon the marketability of the title and to ascertain that the required details of the sale are adhered to before the transaction is consummated. Buyer agrees that Buyer is not relying on any representation or statement made by Seller or any real estate salesperson (whether intentionally or negligently) regarding any aspect of the Property or this sale transaction, except as may be expressly set forth in this Agreement, a written amendment to this Agreement, or a disclosure statement separately signed by Seller. 26. Disclosure of Information: Buyer and Seller acknowledge and agree that the Purchase Price, terms, and other details with respect to this transaction (when closed) are not confidential, will be disclosed to REALTORS® who participate in the applicable Multiple Listing Service, and may otherwise be used and/or published by that Multiple Listing Service in the ordinary course of its business. 27. Other Provisions: 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 304 McLaughlin Ave, Muskegon, MI 49442 02/22/2023 6pm Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations RC GW Buyer’s Initials LM Seller’s Initials Revision Date 1/2023 02/22/23 02/22/23 03/01/23 5:51 PM EST 6:00 PM EST 12:08 PM EST Packet Page 52 dotloop verified dotloop verified dotloop verified dotloop signature verification: dtlp.us/h9By-eryx-Kipu 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 Roque Cuellar Buyer dotloop verified 02/22/23 5:51 PM EST M47U-WDBY-VAX2-TSML Buyer 1 Phone: (Res.) (Bus.) Roque Cuellar Print name as you want it to appear on documents. Golden Weideman dotloop verified Buyer 2 Address X 02/22/23 6:00 PM EST ZCEA-7Y74-MGQB-IP4I Buyer Buyer 2 Phone: (Res.) (Bus.) Golden Weideman 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: 3265 Walker Ave, Suite D, Grand Rapids, MI 49544 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 03/01/23 12:08 PM EST JNIW-DUQP-CXSX-ACZD LeighAnn Miksell 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): 304 McLaughlin Ave, Muskegon, MI 49442 02/22/2023 6pm Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 1/2023 RC GW Buyer’s Initials LM Seller’s Initials 02/22/23 02/22/23 03/01/23 Packet Page 53 5:51 PM EST dotloop verified 6:00 PM EST dotloop verified 12:08 PM EST dotloop verified dotloop signature verification: dtlp.us/QVsk-SFXZ-9beI Please read and have buyer/s sign. Attach with offer. Paragraph 8- Seller will provide a quit claim deed vs a warranty deed. Builder one year warranty starts from day of Certificate of Occupancy. Buyer shall bring dwelling unit into compliance with the following per the city’s Zoning Ordinance: Each dwelling unit shall have an approved established vegetative ground cover, native to the immediate area within 600 feet, no less than 12 months after occupancy. Approval shall be given by zoning staff of the Planning Department as part of the initial residential site plan review. A minimum of one shade tree, two and one-half inches (2.5") in diameter, four feet (4') from the ground or one six foot (6') evergreen tree shall be provided. Existing landscaping may be accepted in lieu of this requirement. Buyer shall be responsible to water and maintain vegetation. Roque Cuellar dotloop verified 02/22/23 5:50 PM EST __________________________________________ P49Z-GQFH-U2CF-QOMT Buyer Golden Weideman dotloop verified 02/22/23 3:54 PM EST __________________________________________ 2BMR-29Z3-SCKH-KRUD Buyer Mariana Murillo VanDam dotloop verified 02/21/23 9:01 PM EST CFSD-1A9X-QKAI-S0OR __________________________________________ Buyer’s Agent LeighAnn Mikesell dotloop verified 02/28/23 5:19 PM EST 0YW5-OP2Q-LHPO-JINL _______________________________________ LeighAnn Mikesell Packet Page 54 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 14, 2023 Title: Sale of 269 Catherine Avenue Submitted By: LeighAnn Mikesell Department: City Manager’s Office Brief Summary: Staff is requesting approval of a purchase agreement for 269 Catherine Avenue. Detailed Summary & Background: 269 Catherine 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. The offer also includes costs to cover air conditioning. 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 269 Catherine 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 55 dotloop signature verification: dtlp.us/b9RX-tpxe-sfbf Please read and have buyer/s sign. Attach with offer. Paragraph 8- Seller will provide a quit claim deed vs a warranty deed. Builder one year warranty starts from day of Certificate of Occupancy. Buyer shall bring dwelling unit into compliance with the following per the city’s Zoning Ordinance: Each dwelling unit shall have an approved established vegetative ground cover, native to the immediate area within 600 feet, no less than 12 months after occupancy. Approval shall be given by zoning staff of the Planning Department as part of the initial residential site plan review. A minimum of one shade tree, two and one-half inches (2.5") in diameter, four feet (4') from the ground or one six foot (6') evergreen tree shall be provided. Existing landscaping may be accepted in lieu of this requirement. Buyer shall be responsible to water and maintain vegetation. Leticia García González dotloop verified 03/03/23 5:10 AM EST IAOR-DKU2-S15V-TMLC __________________________________________ Buyer __________________________________________ Buyer Roberto Leon dotloop verified 03/02/23 6:05 PM EST I8OJ-YK0A-ETWI-XD8Q __________________________________________ Buyer’s Agent LeighAnn Mikesell dotloop verified 03/02/23 10:21 AM EST _______________________________________ BINQ-8NJK-GOZ7-BD8U LeighAnn Mikesell Packet Page 56 dotloop signature verification: dtlp.us/toSz-r1DL-gVjI Please read and have buyer/s sign. Attach with offer. Paragraph 8- Seller will provide a quit claim deed vs a warranty deed. Builder one year warranty starts from day of Certificate of Occupancy. Buyer shall bring dwelling unit into compliance with the following per the city’s Zoning Ordinance: Each dwelling unit shall have an approved established vegetative ground cover, native to the immediate area within 600 feet, no less than 12 months after occupancy. Approval shall be given by zoning staff of the Planning Department as part of the initial residential site plan review. A minimum of one shade tree, two and one-half inches (2.5") in diameter, four feet (4') from the ground or one six foot (6') evergreen tree shall be provided. Existing landscaping may be accepted in lieu of this requirement. Buyer shall be responsible to water and maintain vegetation. __________________________________________ Buyer __________________________________________ Buyer __________________________________________ Buyer’s Agent LeighAnn Mikesell dotloop verified 03/02/23 10:21 AM EST _______________________________________ BINQ-8NJK-GOZ7-BD8U LeighAnn Mikesell Packet Page 57 PRE-APPROVAL LETTER 2/28/23 Dear Leticia Garcia-Gonzalez, , Based on the information you provided and a preliminary review of your credit report, Private Borrower, Mortgage Guarantee has pre-approved you for a home loan subject to the conditions stated below and according to the following terms: /2019 Loan Type: FHA Purchase Price: $174,000 ALL FINANCIALS HAVE BEEN REVIEWED Final approval for a home loan is subject to verification of all information you provided and satisfaction of various conditions including, but not limited to, the following: ▪ An acceptable appraisal of the subject property to support the sales price ▪ An acceptable preliminary title commitment issued on the subject property ▪ Acceptable income documentation ▪ Proof of funds to close and final underwriting approval ▪ Final underwriting approval ▪ This Pre-Approval Letter is valid for 90 days from the date set forth. ▪ ove. Pre-approval reflects a preliminary determination that you qualify for Private Mortgage Guarantee lending standards and guidelines. This Pre-Approval Letter is not an offer to lend, a commitment for a loan, or a guarantee of specific rate or terms. Any rates quoted are only an indication of current rates as of the date of this Pre-approval Letter. If you receive a final approval for a loan, the loan amount and conditions may be different than what is described in this Pre- Approval Letter. Sincerely, Melissa Rincones Senior Loan Originator NMLS: 1323643 C:616-581-3542 O:616-290-6308 4364 Liberty Square SW Grandville, MI 49418 Melissa@yourlendingpros.com Packet Page 58 dotloop signature verification: dtlp.us/4KVH-sZC5-si5K WEST MICHIGAN REGIONAL ADDENDUM TO PURCHASE AGREEMENT MLS # Date: 03/01/2023 (time) leon96312@kw.com Selling Office Keller Williams Rivertown , REALTOR® Phone 6168289974 Email mariana@westurbanrealtymi.com Listing Office West Urban Realty , REALTOR® Phone 616-366-2459 Email 1. Addendum # 1 to Purchase Agreement dated 03/01/2023 covering property at 269 Catherine Avenue, Muskegon, MI 49442 2. This Addendum shall be an integral part of the Purchase Agreement, which is amended as follows: 1) $2800 payable to West Urban Realty for Central Air Unit. Buyer to pay when product is installed 5 days prior to closing . 3. The Seller Buyer (check one) gives the above-named REALTOR® days to obtain the written acceptance of this Addendum to the Purchase Agreement. If accepted, this Addendum will constitute a binding change to the Purchase Agreement. 4. RECEIPT IS ACKNOWLEDGED BY BUYER of a copy of this Agreement. Leticia García González dotloop verified 03/01/23 12:22 PM EST Date X MKEL-JVH5-GJV6-NUUZ Buyer (Note: Please sign as you wish your name to appear on final papers.) X Buyer (Note: Please sign as you wish your name to appear on final papers.) 5. RECEIPT IS ACKNOWLEDGED BY SELLER of a copy of this Agreement. LeighAnn Mikesell dotloop verified 03/02/23 10:21 AM EST Date X UHOJ-M23W-RC8N-PCKT Seller (Note: Please sign as you wish your name to appear on final papers.) X Seller (Note: Please sign as you wish your name to appear on final papers.) ©West Michigan REALTOR® Boards Rev 7/2020 Packet Page 59 dotloop signature verification: dtlp.us/vzJ2-lWvI-UCIB WEST MICHIGAN REGIONAL PURCHASE AGREEMENT # DATE: 03/01/2023 , (time) MLS # SELLING OFFICE:Keller Williams Rivertown BROKER LIC.#:6505379295 REALTOR® PHONE:(616) 288-3244 LISTING OFFICE: West Urban Realty(hh11563) 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 Primary Selling Agent Name: Roberto Leon Email: leon96312@kw.com Lic.#: 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 . 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 County , Michigan, commonly known as (insert mailing address: street/city/state/zip code) 269 Catherine Avenue with the following legal description and tax parcel ID numbers: Lot 16 Except the west 17.75 feet thereof, block 260, 1903 revised plat of the city of Muskegon, Muskegon County, Michigan PP#61-24-205-260-0016-00 . The following paragraph applies only if the Premises include unplatted land: Seller agrees to grant Buyer at closing the right to make (insert number)All division(s) under Section 108(2), (3), and (4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or before , of the proposed division to create the Premises. 6. Purchase Price: Buyer offers to buy the Property for the sum of $ 170000 U.S. Dollars 7. Seller Concessions, if any: 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 90 % of the Purchase Price bearing interest at a rate not to exceed 7.1 % per annum (rate at time of loan application), on or before the date the sale is to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to process the application, within 3 days after the Effective Date, not to impair Buyers’ credit after the date such loan if offered. Seller Buyer will agree to pay an amount not to exceed $ 0 representing repairs required as a condition of financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from ©Copyright, West Michigan REALTOR® Associations Page 1 of 6 Rev. Date 1/2023 LGG Buyer’s Initials LM Seller’s Initials Packet Page 60 03/01/23 12:22 PM EST 03/02/23 10:21 AM EST dotloop verified dotloop verified dotloop signature verification: dtlp.us/vzJ2-lWvI-UCIB 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: but does not include: N/A 269 Catherine Avenue, Muskegon, MI 49442 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 1/2023 LGG Buyer’s Initials LM Seller’s Initials 03/01/23 03/02/23 Packet Page 61 12:22 PM EST 10:21 AM EST dotloop verified dotloop verified dotloop signature verification: dtlp.us/vzJ2-lWvI-UCIB 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. Seller has an ongoing obligation through the Closing to disclose to the Buyer any known pending assessments, including, but not limited to, any mandatory utility connection requirements, and/or benefit charges, and condominium special assessments, that have not been previously disclosed in writing to Buyer. 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. Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone. All inspections and investigations will be completed within ____ days after the Effective Date. If the results of Buyer’s inspections and investigations are not acceptable to Buyer, Buyer may, within the above referenced period, either (a) terminate this Agreement by written notice to Seller and receive a refund of Buyer’s Earnest Money Deposit, or (b) make a written proposal to Seller to correct those unsatisfactory conditions, which proposal must be in the form of a proposed addendum and must be signed by Buyer in order for it to be effective. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have 269 Catherine Avenue, Muskegon, MI 49442 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 1/2023 LGG Buyer’s Initials LM Seller’s Initials 03/01/23 03/02/23 Packet Page 62 12:22 PM EST 10:21 AM EST dotloop verified dotloop verified dotloop signature verification: dtlp.us/vzJ2-lWvI-UCIB West Michigan Regional Purchase Agreement Page 4 of 6 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: Seller to provide if one exists. 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 04/03/2023 . 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 269 Catherine Avenue, Muskegon, MI 49442 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations LGG Buyer’s Initials LM Seller’s Initials Revision Date 1/2023 03/01/23 03/02/23 10:21 AM EST Packet Page 63 12:22 PM EST dotloop verified dotloop verified dotloop signature verification: dtlp.us/vzJ2-lWvI-UCIB West Michigan Regional Purchase Agreement Page 5 of 6 will have the privilege to occupy the Property and hereby agrees to pay Buyer $ 0 as an occupancy fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds. If Seller fails to deliver possession to Buyer on the agreed date, Seller shall become a tenant at sufferance and shall pay to Buyer as liquidated damages $0 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 9pm (time) on 03/02/2023 (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 $2000 shall be submitted toChicago 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 269 Catherine Avenue, Muskegon, MI 49442 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations LGG Buyer’s Initials LM Seller’s Initials Revision Date 1/2023 03/01/23 03/02/23 10:21 AM EST Packet Page 64 12:22 PM EST dotloop verified dotloop verified dotloop signature verification: dtlp.us/vzJ2-lWvI-UCIB 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. Leticia García González dotloop verified Buyer 1 Address X 03/01/23 12:22 PM EST ZOYK-WFUN-AQZA-JTKG Buyer Buyer 1 Phone: (Res.) (Bus.) Leticia García González 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:3265 Walker Ave, Suite D, Grand Rapids, MI 49544 Listing Broker License # 6505429509 Listing Agent Name: Mariana Murillo VanDam Listing Agent License # 6506015435 36. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required below. X (Seller’s Signature, Date, Time): LeighAnn Mikesell dotloop verified 03/02/23 10:21 AM EST KCDU-3PLP-E20U-ASSK LeighAnn Mikesell Is Seller a U.S. Citizen or Resident Alien? Yes No* Print name as you want it to appear on documents. X (Seller’s Signature, Date, Time): Is Seller a U.S. Citizen or Resident Alien? Yes No* Print name as you want it to appear on documents. Seller’s Address: Seller’s Phone (Res.) (Bus) * If Seller(s) is not a U.S. Citizen or Resident Alien, there may be tax implications and Buyer and Seller are advised to seek professional advice. 37. Buyer’s Receipt/Acceptance: Buyer acknowledges receipt of Seller’s response to Buyer’s offer. In the event Seller’s response constitutes a counteroffer, Buyer accepts said counteroffer. All other terms and conditions in the offer remain unchanged. X (Buyer’s Signature, Date, Time): X (Buyer’s Signature, Date, Time): 38. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer. X (Seller’s Signature, Date, Time): X (Seller’s Signature, Date, Time): Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 1/2023 LGG Buyer’s Initials LM Seller’s Initials 03/01/23 03/02/23 10:21 AM EST Packet Page 65 12:22 PM EST dotloop verified dotloop verified Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 14, 2023 Title: Farmers Market Rates Submitted By: Ann Meisch Department: City Clerk Brief Summary: Staff recommends increasing tier 1 – corner from $678 to $700, tier 1 regular from $628 to $650, and Tier 2 regular from $528 to $540, Saturday daily vendors from $36 to $40, and add a new fee of Tuesdays from July – Sept of $30. Detailed Summary & Background: The Farmers Market Advisory committee met on February 23, 2023 to review the proposed fees and recommended approval. Goal/Focus Area/Action Item Addressed: Action item 2022-4.2 External Revenue Sources Amount Requested: NA Amount Budgeted: Fund(s) or Account(s): 252 Farmers Market Fund(s) or Account(s): Recommended Motion: To approve the request to increase the vendor fees at the Farmers Market as outlined above. Approvals: Guest(s) Invited / Presenting Immediate Division Head Information Technology Yes Other Division Heads Communication Legal Review No For City Clerk Use Only: Commission Action: Packet Page 66 2023 Summer Rates (May 6 – November 25) (Closed Thanksgiving 11/23) Starting Date Tuesday May 2 per stall/per day TIER 1 - CORNER 7 MONTHS 700.00 7.87 WINTER MKT NOV / INSIDE / DOOR TBD TIER 1 - REGULAR 7 MONTHS 650.00 7.30 WINTER MKT NOV / INSIDE / TABLE TBD TIER 2 - REGULAR 7 MONTHS/NO PARK 540.00 6.08 TUESDAY MAY – JUNE 20.00 WINTER MKT 5 MONTHS (DEC – APR) TUESDAY JULY – SEPT 30.00 WINTER MKT OUTSIDE TBD TUESDAY OCT – NOV 20.00 WINTER MKT INSIDE/DOOR/DAILY TBD TBD WINTER MKT INSIDE/TABLE/DAILY THURSDAY MAY – NOV 20.00 SATURDAY MAY – NOV 40.00 Packet Page 67 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 14, 2023 Title: Amend Ordinance Chapter 6, Animals Submitted By: Jonathan Seyferth Department: City Manager Brief Summary: The City Commission at their December 2022 LPC meeting directed staff to update the Animal Ordinance to remove all specific references to any one type of dog breed. Detailed Summary & Background: There were several references to “pit bull dog” in the ordinance. Those were all removed. The language that remains references “dangerous dogs” or “dangerous animals.” Staff also updated the definitions of Dangerous Animal and Vicious Animal. Staff believes this update achieves the directive of the Commission. It should be noted, legal counsel reviewed the update. It was point out that by having “pit bull” in the ordinance it does make it more straight forward to enforce on that breed if there’s an issue (the burden of proof on the City is less because a specific breed is called out). This update could create another step in the process for that breed. However, it now becomes uniform for all breed types. This is simply bring provided for context and transparency. Goal/Focus Area/Action Item Addressed: Community Connection, fostering stronger ties among community agencies/partners Amount Requested: None Amount Budgeted: N/A Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: I recommend updating City Ordinance, Chapter 6, Animals as presented. 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 Packet Page 68 For City Clerk Use Only: Commission Action: Packet Page 69 Chapter 6 ANIMALS* Sec. 6-1. Definitions. Sec. 6-2. Penalties. Sec. 6-3. Reserved. Sec. 6-4. Responsibilities; authority. Sec. 6-5. Owner responsibility. Sec. 6-6. Interference; authority of police and animal control officers. Sec. 6-7. Impoundment. Sec. 6-8. Licensing; rabies vaccination. Sec. 6-9. General prohibitions. Sec. 6-10. Reserved. Sec. 6-11. Abandonment. Sec. 6-12. Animals running loose. Sec. 6-13. Removal of animal excrement. Sec. 6-14. Confinement of animals; number of dogs and cats which may be kept. Sec. 6-15. Dangerous dogs; confinement and handling; number. Sec. 6-16. Other dangerous animals; confinement. Sec. 6-17. Livestock and poultry. Sec. 6-18. Beekeeping. *State law references—Animal control ordinances, MCL 287.290; Dogs Law of 1919, MCL 287.261 et seq.; dangerous animals, MCL 287.321 et seq. Supp. No. 3 CD6:1 Packet Page 70 Packet Page 71 ANIMALS Sec. 6-1. Definitions. Dangerous animal does not include any of the following:(1) An The following words, terms and phrases, when animal that bites or attacks a person who is used in this chapter, shall have the meanings ascribed to them in this section, except where the knowingly trespassing on the property of the context clearly indicates a different meaning: Animal control authority means the county and the animal’s owner. city and their designated officers. The licensing authority and the animal control authority may be, but are not necessarily, the same entity. Animal (2) An animal that bites or attacks a person who control shelter means a facility operated by the county and, in addition, if designated and provokes or torments the animal. contracted, other facilities under contract with the city for the impoundment and care of animals that are found in the streets or at large, animals that are otherwise held due to the violation of a municipal (3) An animal that is responding in a manner that ordinance, county ordinance or state law, or animals that are surrendered to the animal control shelter. an ordinary and reasonable person would conclude Control means having an animal in confinement was designed to protect a person if that person is as described or required by this chapter, or engaged in a lawful activity or is the subject of an restrained by its owner on a leash no greater than six feet in length and of sufficient strength to confine assault. the animal, or in certain cases where specified in this chapter, a shorter leash. The term "control" shall not mean allowing an animal to go unleashed outside of its confinement or pen. Handler means any person having control of an animal, whether or not by the consent or direction Dangerous animal means a dog or other animal of the owner. that bites or attacks or threatens to attack a person (as evidenced by snarling, snapping or lunging); or Impound means to place any animal in the a dog that bites or attacks and causes serious injury custody or control of an animal control shelter. or death to another dog while the other dog is on the Licensing authority means the county, in property or under the control of its owner. Dangerous animal also includes the following: accordance with state law and county ordinance. Livestock means horses, cows, swine, sheep, goats, (1) Any mammal, amphibian, reptile, or fowl of a species which, due to size, vicious or any hoofed animal. nature or other characteristic, would Owner means a person having the custody of an constitute a danger to human life, physical animal or who keeps or harbors an animal, a person well-being or property, including, but not having the authority of the owner to be the handler limited to, lions, tigers, leopards, panthers, of the animal, or a person who knowingly permits bears, wolves or wolf hybrids, apes, an animal to remain on or about any premises gorillas, monkeys of a species with an occupied by that person. Poultry includes chicken, average adult weight in excess of 20 ducks, geese, pheasants, or other fowl of a type pounds, foxes, elephants, alligators, normally used for food or egg production. crocodiles and snakes which are poisonous or otherwise present a risk of physical harm Restraint. A dog or cat shall be considered under or death to human beings as a result of their restraint if it is within the real property limits of its nature or physical makeup, including all owner or secured by its owner on a leash or lead no constrictors. greater than six feet in length and of sufficient strength to confine the animal. Any other animal is (2) Any dog or cat having a disposition or considered restrained only if it is effectively propensity to attack or bite any person or prevented from escape by appropriate means. animal without provocation. CD6:3 Packet Page 72 MUSKEGON CITY CODE Vicious animal means any animal which: pursue, including destruction of the animal in question. (1) Has killed a person; or (Code 2002, § 6-2; Ord. No. 2064, § 3.16, 12- 112001) (2) Has inflicted serious injury to a person; or Sec. 6-3. Reserved. (3) Has continued to exhibit the behavior which Sec. 6-4. Responsibilities; authority. resulted in a previous finding by a court or animal control officer that it is a dangerous (a) It is determined by the city that ownership or vicious dog, provided that its owner has of an animal is a privilege which carries with it been given notice of that finding responsibilities to the city and all persons therein with regard to the care, custody, and handling of the animal. Wild animal means any living member of the (b) This chapter shall not be construed to limit animal kingdom, including those born or raised in or substitute for the authority or functions of the captivity, except the following: county animal control shelter or animal control department. (1) Domestic dogs (excluding hybrids with wolves, coyotes, or jackals). (c) The regulations set forth in this chapter are supplemental to and not in substitution of the county (2) Domestics cats (excluding hybrids with animal control department, any county ordinance ocelots or margays). related thereto or the state law regarding county (3) Ferrets. animal control. (4) Rodents. (d) The provisions of this chapter shall be construed to impose the primary responsibility for §6-1 compliance with its provisions on the owner, the handler, or on any person in control of any animal. No animal of any kind shall be kept in the city or be (5) Captive-bred species of common cage present in the city in violation of the provisions of birds. (Code 2002, § 6-1; Ord. No. 2064, § this chapter. 3.2, 12-112001; Ord. No. 2222, 5-22-2007; (Code 2002, § 6-4; Ord. No. 2064, §§ 3.0, 3.1, 3.3, Ord. No. 2268, 12-11-2001; Ord. No. 2268, 12-8-2009) 12-8-2009) Sec. 6-5. Owner responsibility. Sec. 6-2. Penalties. (a) All dogs and cats shall be kept under Any person violating this chapter shall be subject restraint, except for a service animal actively to one or more of the following penalties as engaged in performing its duty or a dog actively applicable: engaged in training or performance event or (1) Any person violating section 6-15 competition. Dogs or cats shall not be permitted to involving dangerous dogs shall be guilty of be at large in the city. a misdemeanor. (b) Every vicious dog or cat, as determined by (2) Any person violating any other prohibition a police officer or the animal control authority, shall of this chapter shall be responsible for a be confined by its owner within a building or secure municipal civil infraction. The schedule of enclosure and shall be securely muzzled or caged fines for municipal civil infractions is set whenever off the premises of its owner. forth in section 46-204. (c) The owner of every dog or cat shall be held (3) All persons found in violation shall be responsible for every behavior of such dog or cat subject to further injunctive or other under the provisions of this chapter. equitable relief as the city may determine to CD6:4 Packet Page 73 ANIMALS (d) Fecal matter shall be collected and removed (a) No person shall own, keep, or harbor any from the area where the animal is harbored or kept. dog over four months of age within the city unless (Code 2002, § 6-5; Ord. No. 2064, § 3.9, 12- such dog is vaccinated and licensed, as required by 112001; Ord. No. 2229, 7-10-2007; Ord. No. 2268, state law, county ordinance or both. The provisions 12-8-2009) of this section do not apply to animals owned by a licensed research facility or held in a veterinary Sec. 6-6. Interference; authority of police and medical facility or government operated or licensed animal control officers. animal shelter. (a) No person shall interfere with, oppose, (b) All dogs shall be vaccinated against rabies, hinder, or molest any agent of the animal control and certified as so vaccinated, as required by state authority in the performance of any duty as law, county ordinance or both. (Code 2002, § 6-8; provided in this chapter. Ord. No. 2064, § 3.5, 12-112001; Ord. No. 2268, (b) If seizure and impoundment of a dangerous 12-8-2009) animal is not possible without risk of serious physical harm or death to any person, the animal Sec. 6-9. General prohibitions. may be killed by a police officer or animal control officer at the time of seizure or impoundment. The following actions or failures to act shall (Code 2002, § 6-6; Ord. No. 2064, § 3.7, 12- constitute a violation of this chapter, in addition to 112001) other prohibitions or violations found in this chapter. Sec. 6-7. Impoundment. (1) Training an animal to engage in vicious (a) Impoundment shall occur, where behavior. authorized by this chapter, at the county animal §6-12 shelter or at an animal control shelter or other designated contracted facility registered under Public Act No. 287 of 1969 (MCL 287.331 et seq.) (2) Training any animal for fighting or contests to provide services to include impounding of with other animals; carrying on, promoting animals delivered to the shelter by authority of the or being present at such a fighting event city or the county. A contract with an animal control between animals. shelter may include shelters in addition to the county animal shelter for services, impoundment, (3) Cruelty to any animal or poisoning an confinement or other functions which the county animal. elects not to perform or is unable to perform. The (4) Molesting small wild animals, birds or services and functions of the animal control shelter birds' nests. are governed by state law and county ordinance, if any. (5) Allowing an animal to constitute a nuisance to surrounding properties or other persons (b) Any animal control shelter in which an in the vicinity. animal is impounded shall carry on release, (6) Harboring or keeping any dog which treatment, adoption or disposal of animals in commits frequent or habitual barking, accordance with the requirements of state law. No yelping or howling. dog or cat shall be released for adoption to any person without being neutered. If the animal is too (7) Having a dog on any beach in the city, even young to neuter at the time of adoption, the fee shall if controlled, except for a blind person be paid for services, which shall be performed at a controlling a guide dog at any time, and later date. except during the months of October (Code 2002, § 6-7; Ord. No. 2064, § 3.6, 12- through March, or except as allowed by 112001) park rules promulgated from time to time by the city. Sec. 6-8. Licensing; rabies vaccination. (8) Engaging in the feeding of wild animals, stray cats, or stray dogs. CD6:5 Packet Page 74 MUSKEGON CITY CODE (Code 2002, § 6-9; Ord. No. 2064, § 3.14, 12-11- for such purpose is prevented by the person owning 2001; Ord. No. 2268, 12-8-2009) or controlling the property. State law references—Cruelty to animals, MCL 750.50; poisoning, MCL 750.437. (c) This section shall not apply to a person with a leader, guide or service animal where the person Sec. 6-10. Reserved. is unable to comply due to their disability. (Code 2002, § 6-13; Ord. No. 2064, § 3.15, 12- See. 6-11. Abandonment. 112001) Abandonment of animals is prohibited within the Sec. 6-14. Confinement of animals; number of dogs city. and cats which may be kept. (Code 2002, § 6-11; Ord. No. 2064, § 3.8.3, 12- 112001) (a) In other than a permitted veterinary clinic , kennel or commercial use, no person shall maintain Sec. 6-12. Animals running loose. more than three adult dogs and four adult cats in the All animals, whether dangerous or not, shall be city. Animals bom on the premises to a legally subject to the following: confined pet may remain thereon until four months of age, after which they shall be considered adult (1) No person shall allow an animal to run dogs or cats. loose or be unconfined in the city. (2) If an animal is upon the premises of the (b) All dogs kept in the city must be licensed in owner, the animal shall be effectively accordance with state law and county ordinances. confined as provided in this chapter. (c) All animals shall be confined in a pen or (3) No dog shall be allowed to run on any inside the dwelling, under conditions which are beach, except a dog completely controlled sanitary, safe and secure. Any pen utilized for the outdoor confinement of a dog shall be of sturdy and §6-12 secure construction designed to prevent the escape of the animal. by a person during the months of October (d) No female animal in heat shall be confined through March, or as permitted by park in a place where other animals may have access or rules promulgated by the city from time to a nuisance may be created. time. (e) Any dog which habitually barks shall be (4) No unrestrained, unleashed or uncontrolled kept inside the dwelling. dog shall be allowed in any park. (Code 2002, § 6-14; Ord. No. 2064, § 3.10, 12- (Code 2002, § 6-12; Ord. No. 2064, § 3.13, 12- 112001; Ord. No. 2268, 12-8-2009) 112001; Ord. No. 2268, 12-8-2009) Sec. 6-15. Dangerous dogs; confinement and Sec. 6-13. Removal of animal excrement. handling; number. (a) It shall be unlawful for any person to appear (a) All dangerous dogsshall be especially with any animal on public property or the private confined and treated as follows: property of another, unless that person has in his possession an appropriate device for removal of (1) Leash and muzzle. No person shall permit a animal excrement. dangerous dog to go outside its kennel or pen unless it is securely leashed with a leash (b) It shall be unlawful for any person to allow no longer than four feet in length. No such any animal to leave its excrement on any public dog shall be kept on a chain, rope or other property, or upon the private property of another, type of leash outside its kennel or pen unless the excrement is promptly and thoroughly unless a person is in physical control of the removed from the property by the use of a removal leash. Such dogs may not be leashed or tied device; provided, a person may fail to remove the to inanimate objects. Any such dog on a excrement if entry on the private property of another leash outside its kennel or pen must be CD6:6 Packet Page 75 ANIMALS muzzled by a muzzling device sufficient to Sec. 6-16. Other dangerous prevent the dog from biting persons or other animals; confinement. animals. (a) All other dangerous animals besides dogs (2) Confinement. All dangerous dogs shall be shall be kept and confined in completely secure securely confined indoors or in a securely cages or containers which allow no access by any enclosed and locked pen or kennel, except persons except by unlocking such cages or when leashed, muzzled and controlled as containers for the feeding of the animal. Such provided in subsection (a)(1) of this section. dangerous animals shall be confined so that there is Such pen, kennel or structure must have no access to any other animal or humans by the secured sides and a secured top attached to animals. the sides. All structures used to confine dangerous dogs must be locked with a key or combination lock when such animals are Supp. No. 3 within the structure. The structure must have a secure bottom or floor attached to the §6-17 sides of the pen or the sides of the pen must be embedded in the ground no less than two feet from the grade. All such structures (b) No lions, tigers, leopards, panthers, bears, must be adequately lighted and ventilated wolves or wolf hybrids, apes, gorillas, monkeys in and kept in a clean and sanitary condition. excess of 20 pounds, elephants, alligators, crocodiles, or poisonous or constrictor snakes shall (3) Confinement indoors. No dangerous dogs be kept in the city, except in a licensed zoo. (Code may be kept on a porch, patio, or any part 2002, § 6-16; Ord. No. 2064, § 3.12, 12-11-2001) of a house or structure that would allow the State law reference—Dangerous animals, MCL 287.321 et seq. dog to exit such a building. No such animal may be kept in a vacant house or structure. Sec. 6-17. Livestock and poultry. (4) Signs. All owners or handlers of dangerous (a) Except as provided in subsection (e), no dogs within the city shall display in a livestock shall be kept in the city. prominent place on the premises and on the (b) No live poultry shall be kept in the city pen or kennel a sign stating the words except that one pet may be kept in a pen or "Beware of Dog." The letters shall be at confinement which is at least 25 feet from any least three inches in height. dwelling. (5) Insurance. All owners or handlers of (c) No more than two rabbits shall be kept on dangerous dogs must obtain public liability any premises in the city. The two rabbits which may insurance in a single incident amount of at be kept at premises shall be in a pen located at least least $50,000.00 for bodily injury, death or 25 feet from any dwelling and constructed and property damage resulting from the maintained in accordance with standards published ownership, keeping or maintenance of such in the industry or by a 4-H organization. animal. (6) Number. No more than one dog of the description determined by this (d) No wild animal shall be kept permanently chapter to be dangerous shall be kept on any or temporarily in the city unless affiliated with a premises in the city. transient circus or carnival having all required permits to operate in the city, or a licensed zoo. (b) Violations of the requirements of the (e) Education exception. provisions in subsection (a) of this section concerning dangerous dogs shall carry special (1) Upon submission of a site plan and penalties set forth in this chapter. (Code 2002, § 6- approval by the planning commission, an 15; Ord. No. 2064, § 3.11, 12-11-2001; Ord. No. educational institution may keep a limited 2268, 12-8-2009) number of livestock, poultry, fowl, rabbits State law reference—Dangerous animals, MCL 287.321 et seq. and other animals for educational purposes. CD6:7 Packet Page 76 MUSKEGON CITY CODE (2) An "educational institutional" for purposes ii. Five to eight hives: 25 feet from of this section is defined as an accredited property lines. educational institution, such as a school (2) Size of hives. A hive may not exceed 20 within the Muskegon area intermediate cubic feet. school district, an elementary, intermediate, and/or secondary school, college, (3) Number of hives allowed. Lots less than university or other such institutions of 10,890 square feet may have no more than higher learning, public and private, offering two hives. Lots between 10,890 square feet courses in general, technical or religious and 21,780 square feet may have no more education, not operated for profit and in full than four hives. Lots between 21,781 compliance with the city's zoning square feet and 43,560 ordinance. §6-17 Supp. No. 3 square feet may have no more than five (3) Measures must be taken to ensure that the hives. Lots larger than 43,560 square feet may livestock and other animals are not a have no more than eight hives. (4) Barriers. A nuisance to neighboring properties for any flyway barrier at least six feet in height shall reason, including the noise, smell, disease shield any part of a property line that is within 25 or danger that they may cause. feet of a hive. The flyway barrier shall consist of (4) All livestock and other animals must be a wall, fence, dense vegetation or a combination located at least 25 feet from any dwelling. thereof (5) All state and federal laws and regulations (5) Water. A constant supply of water shall be pertaining to the housing and care of provided for all hives to avoid the animals shall be followed. In addition, the congregation of bees at other nearby water program using the animals as part of its sources. educational curriculum must comply with (6) Permit. A development permit is required the career tech program guidelines and in order to keep bees. regulations. (Ord. No. 2364, 5-9-2017) (Code 2002, § 6-17; Ord. No. 2064, § 3.4, 12- 112001; Ord. No. 2268, 12-8-2009; Ord. No. 2327, 8-26-2014) State law reference—Livestock at large, MCL 433.51 et seq. Sec. 6-18. Beekeeping. (a) Beekeeping is permitted under the following conditions: (1) Location. Hives are permitted on all properties that have a principal structure and also in approved community gardens and urban farms. Hives must be located in backyards or on rooftops. Community gardens and urban farms that do not have a principal structure to establish a back yard must have the hives setback at least 50 feet from the front property line. Hives must be setback from side and rear property lines as follows: i. One to four hives: Ten feet from property lines; CD6:8 Packet Page 77 Chapters 7—9 RESERVED CD7:1 Packet Page 78 ANIMALS Chapter 6 ANIMALS* Sec. 6-1. Definitions. Sec. 6-2. Penalties. Sec. 6-3. Reserved. Sec. 6-4. Responsibilities; authority. Sec. 6-5. Owner responsibility. Sec. 6-6. Interference; authority of police and animal control officers. Sec. 6-7. Impoundment. Sec. 6-8. Licensing; rabies vaccination. Sec. 6-9. General prohibitions. Sec. 6-10. Reserved. Sec. 6-11. Abandonment. Sec. 6-12. Animals running loose. Sec. 6-13. Removal of animal excrement. Sec. 6-14. Confinement of animals; number of dogs and cats which may be kept. Sec. 6-15. Dangerous dogs; confinement and handling; number. Sec. 6-16. Other dangerous animals; confinement. Sec. 6-17. Livestock and poultry. Sec. 6-18. Beekeeping. *State law references—Animal control ordinances, MCL 287.290; Dogs Law of 1919, MCL 287.261 et seq.; dangerous animals, MCL 287.321 et seq. Supp. No. 3 CD6:1 Packet Page 79 MUSKEGON CITY CODE (2) Any dog or cat having a disposition or propensity to attack or bite any person or Sec. 6-1. Definitions. animal without provocation. The following words, terms and phrases, when Dangerous animal does not include any of the used in this chapter, shall have the meanings following: ascribed to them in this section, except where the (1) An animal that bites or attacks a person context clearly indicates a different meaning: who is knowingly trespassing on the Animal control authority means the county and the property of the animal’s owner. city and their designated officers. The licensing authority and the animal control authority may be, (2) An animal that bites or attacks a person but are not necessarily, the same entity. Animal who provokes or torments the animal. control shelter means a facility operated by the (3) An animal that is responding in a manner county and, in addition, if designated and that an ordinary and reasonable person contracted, other facilities under contract with the would conclude was designed to protect a city for the impoundment and care of animals that person if that person is engaged in a lawful are found in the streets or at large, animals that are activity or is the subject of an assault. otherwise held due to the violation of a municipal ordinance, county ordinance or state law, or animals Handler means any person having control of an that are surrendered to the animal control shelter. animal, whether or not by the consent or direction of the owner. Control means having an animal in confinement as described or required by this chapter, or Impound means to place any animal in the restrained by its owner on a leash no greater than six custody or control of an animal control shelter. feet in length and of sufficient strength to confine Licensing authority means the county, in the animal, or in certain cases where specified in accordance with state law and county ordinance. this chapter, a shorter leash. The term "control" shall not mean allowing an animal to go unleashed Livestock means horses, cows, swine, sheep, goats, outside of its confinement or pen. or any hoofed animal. Dangerous animal means a dog or other animal Owner means a person having the custody of an that bites or attacks or threatens to attack a person animal or who keeps or harbors an animal, a person (as evidenced by snarling, snapping or lunging); or having the authority of the owner to be the handler a dog that bites or attacks and causes serious injury of the animal, or a person who knowingly permits or death to another dog while the other dog is on the an animal to remain on or about any premises property or under the control of its owner. occupied by that person. Poultry includes chicken, Dangerous animal also includes the following: ducks, geese, pheasants, or other fowl of a type (1) Any mammal, amphibian, reptile, or fowl normally used for food or egg production. of a species which, due to size, vicious Restraint. A dog or cat shall be considered under nature or other characteristic, would restraint if it is within the real property limits of its constitute a danger to human life, physical owner or secured by its owner on a leash or lead no well-being or property, including, but not greater than six feet in length and of sufficient limited to, lions, tigers, leopards, panthers, strength to confine the animal. Any other animal is bears, wolves or wolf hybrids, apes, considered restrained only if it is effectively gorillas, monkeys of a species with an prevented from escape by appropriate means. average adult weight in excess of 20 pounds, foxes, elephants, alligators, Vicious animal means any animal which: crocodiles and snakes which are poisonous (1) Has killed a person; or or otherwise present a risk of physical harm or death to human beings as a result of their (2) Has inflicted serious injury to a person; or nature or physical makeup, including all constrictors. CD6:2 Packet Page 80 ANIMALS (3) Has continued to exhibit the behavior which with regard to the care, custody, and handling of the resulted in a previous finding by a court or animal. animal control officer that it is a dangerous (b) This chapter shall not be construed to limit or vicious dog, provided that its owner has or substitute for the authority or functions of the been given notice of that finding. county animal control shelter or animal control Wild animal means any living member of the department. animal kingdom, including those born or raised in (c) The regulations set forth in this chapter are captivity, except the following: supplemental to and not in substitution of the county (1) Domestic dogs (excluding hybrids with animal control department, any county ordinance wolves, coyotes, or jackals). related thereto or the state law regarding county animal control. (2) Domestics cats (excluding hybrids with ocelots or margays). (d) The provisions of this chapter shall be construed to impose the primary responsibility for (3) Ferrets. compliance with its provisions on the owner, the (4) Rodents. handler, or on any person in control of any animal. No animal of any kind shall be kept in the city or be (5) Captive-bred species of common cage present in the city in violation of the provisions of birds. (Code 2002, § 6-1; Ord. No. 2064, § this chapter. 3.2, 12-112001; Ord. No. 2222, 5-22-2007; (Code 2002, § 6-4; Ord. No. 2064, §§ 3.0, 3.1, 3.3, Ord. No. 2268, 12-8-2009) 12-11-2001; Ord. No. 2268, 12-8-2009) Sec. 6-2. Penalties. Sec. 6-5. Owner responsibility. Any person violating this chapter shall be subject (a) All dogs and cats shall be kept under to one or more of the following penalties as restraint, except for a service animal actively applicable: engaged in performing its duty or a dog actively engaged in training or performance event or (1) Any person violating section 6-15 competition. Dogs or cats shall not be permitted to involving dangerous dogs shall be guilty of be at large in the city. a misdemeanor. (b) Every vicious dog or cat, as determined by (2) Any person violating any other prohibition a police officer or the animal control authority, shall of this chapter shall be responsible for a be confined by its owner within a building or secure municipal civil infraction. The schedule of enclosure and shall be securely muzzled or caged fines for municipal civil infractions is set whenever off the premises of its owner. forth in section 46-204. (c) The owner of every dog or cat shall be held (3) All persons found in violation shall be responsible for every behavior of such dog or cat subject to further injunctive or other under the provisions of this chapter. equitable relief as the city may determine to pursue, including destruction of the animal (d) Fecal matter shall be collected and removed in question. from the area where the animal is harbored or kept. (Code 2002, § 6-2; Ord. No. 2064, § 3.16, 12- (Code 2002, § 6-5; Ord. No. 2064, § 3.9, 12- 112001) 112001; Ord. No. 2229, 7-10-2007; Ord. No. 2268, 12-8-2009) Sec. 6-3. Reserved. Sec. 6-6. Interference; authority of police and Sec. 6-4. Responsibilities; authority. animal control officers. (a) It is determined by the city that ownership (a) No person shall interfere with, oppose, of an animal is a privilege which carries with it hinder, or molest any agent of the animal control responsibilities to the city and all persons therein authority in the performance of any duty as provided in this chapter. CD6:3 Packet Page 81 MUSKEGON CITY CODE (b) If seizure and impoundment of a dangerous Ord. No. 2064, § 3.5, 12-112001; Ord. No. 2268, animal is not possible without risk of serious 12-8-2009) physical harm or death to any person, the animal may be killed by a police officer or animal control Sec. 6-9. General prohibitions. officer at the time of seizure or impoundment. (Code 2002, § 6-6; Ord. No. 2064, § 3.7, 12- The following actions or failures to act shall 112001) constitute a violation of this chapter, in addition to other prohibitions or violations found in this Sec. 6-7. Impoundment. chapter. (a) Impoundment shall occur, where (1) Training an animal to engage in vicious authorized by this chapter, at the county animal behavior. shelter or at an animal control shelter or other §6-12 designated contracted facility registered under Public Act No. 287 of 1969 (MCL 287.331 et seq.) to provide services to include impounding of animals delivered to the shelter by authority of the (2) Training any animal for fighting or contests city or the county. A contract with an animal control with other animals; carrying on, promoting shelter may include shelters in addition to the or being present at such a fighting event county animal shelter for services, impoundment, between animals. confinement or other functions which the county (3) Cruelty to any animal or poisoning an elects not to perform or is unable to perform. The animal. services and functions of the animal control shelter are governed by state law and county ordinance, if (4) Molesting small wild animals, birds or any. birds' nests. (5) Allowing an animal to constitute a nuisance (b) Any animal control shelter in which an to surrounding properties or other persons animal is impounded shall carry on release, in the vicinity. treatment, adoption or disposal of animals in accordance with the requirements of state law. No (6) Harboring or keeping any dog which dog or cat shall be released for adoption to any commits frequent or habitual barking, person without being neutered. If the animal is too yelping or howling. young to neuter at the time of adoption, the fee shall (7) Having a dog on any beach in the city, even be paid for services, which shall be performed at a if controlled, except for a blind person later date. controlling a guide dog at any time, and (Code 2002, § 6-7; Ord. No. 2064, § 3.6, 12- except during the months of October 112001) through March, or except as allowed by park rules promulgated from time to time Sec. 6-8. Licensing; rabies vaccination. by the city. (8) Engaging in the feeding of wild animals, (a) No person shall own, keep, or harbor any stray cats, or stray dogs. dog over four months of age within the city unless (Code 2002, § 6-9; Ord. No. 2064, § 3.14, 12-11- such dog is vaccinated and licensed, as required by 2001; Ord. No. 2268, 12-8-2009) state law, county ordinance or both. The provisions State law references—Cruelty to animals, MCL 750.50; of this section do not apply to animals owned by a poisoning, MCL 750.437. licensed research facility or held in a veterinary medical facility or government operated or licensed Sec. 6-10. Reserved. animal shelter. See. 6-11. Abandonment. (b) All dogs shall be vaccinated against rabies, and certified as so vaccinated, as required by state Abandonment of animals is prohibited within the law, county ordinance or both. (Code 2002, § 6-8; city. CD6:4 Packet Page 82 ANIMALS (Code 2002, § 6-11; Ord. No. 2064, § 3.8.3, 12- Sec. 6-14. Confinement of animals; number of dogs 112001) and cats which may be kept. Sec. 6-12. Animals running loose. (a) In other than a permitted veterinary clinic, kennel, or commercial use, no person shall maintain All animals, whether dangerous or not, shall be more than three adult dogs and four adult cats in the subject to the following: city. Animals born on the premises to a legally (1) No person shall allow an animal to run confined pet may remain thereon until four months loose or be unconfined in the city. of age, after which they shall be considered adult dogs or cats. (2) If an animal is upon the premises of the owner, the animal shall be effectively (b) All dogs kept in the city must be licensed in confined as provided in this chapter. accordance with state law and county ordinances. (3) No dog shall be allowed to run on any (c) All animals shall be confined in a pen or beach, except a dog completely controlled inside the dwelling, under conditions which are §6-12 sanitary, safe and secure. Any pen utilized for the outdoor confinement of a dog shall be of sturdy and secure construction designed to prevent the escape by a person during the months of October of the animal. through March, or as permitted by park (d) No female animal in heat shall be confined rules promulgated by the city from time to in a place where other animals may have access or time. a nuisance may be created. (4) No unrestrained, unleashed or uncontrolled dog shall be allowed in any park. (e) Any dog which habitually barks shall be (Code 2002, § 6-12; Ord. No. 2064, § 3.13, 12- kept inside the dwelling. 112001; Ord. No. 2268, 12-8-2009) (Code 2002, § 6-14; Ord. No. 2064, § 3.10, 12- 112001; Ord. No. 2268, 12-8-2009) Sec. 6-13. Removal of animal excrement. Sec. 6-15. Dangerous dogs; confinement and (a) It shall be unlawful for any person to appear handling; number. with any animal on public property or the private property of another, unless that person has in his (a) All dangerous dogs shall be especially possession an appropriate device for removal of confined and treated as follows: animal excrement. (1) Leash and muzzle. No person shall permit a dangerous dog to go outside its kennel or (b) It shall be unlawful for any person to allow pen unless it is securely leashed with a leash any animal to leave its excrement on any public no longer than four feet in length. No such property, or upon the private property of another, dog shall be kept on a chain, rope or other unless the excrement is promptly and thoroughly type of leash outside its kennel or pen removed from the property by the use of a removal unless a person is in physical control of the device; provided, a person may fail to remove the leash. Such dogs may not be leashed or tied excrement if entry on the private property of another to inanimate objects. Any such dog on a for such purpose is prevented by the person owning leash outside its kennel or pen must be or controlling the property. muzzled by a muzzling device sufficient to (c) This section shall not apply to a person with prevent the dog from biting persons or other a leader, guide or service animal where the person animals. is unable to comply due to their disability. (2) Confinement. All dangerous dogs shall be (Code 2002, § 6-13; Ord. No. 2064, § 3.15, 12- securely confined indoors or in a securely 112001) enclosed and locked pen or kennel, except when leashed, muzzled and controlled as provided in subsection (a)(1) of this section. CD6:5 Packet Page 83 MUSKEGON CITY CODE Such pen, kennel or structure must have dangerous animals shall be confined so that there is secured sides and a secured top attached to no access to any other animal or humans by the the sides. All structures used to confine animals. dangerous dogs must be locked with a key or combination lock when such animals are Supp. No. 3 within the structure. The structure must have a secure bottom or floor attached to the §6-17 sides of the pen or the sides of the pen must be embedded in the ground no less than two feet from the grade. All such structures must be adequately lighted and ventilated (b) No lions, tigers, leopards, panthers, bears, and kept in a clean and sanitary condition. wolves or wolf hybrids, apes, gorillas, monkeys in excess of 20 pounds, elephants, alligators, (3) Confinement indoors. No dangerous dogs crocodiles, or poisonous or constrictor snakes shall may be kept on a porch, patio, or any part be kept in the city, except in a licensed zoo. (Code of a house or structure that would allow the 2002, § 6-16; Ord. No. 2064, § 3.12, 12-11-2001) dog to exit such a building. No such animal State law reference—Dangerous animals, MCL 287.321 et seq. may be kept in a vacant house or structure. Sec. 6-17. Livestock and poultry. (4) Signs. All owners or handlers of dangerous dogs within the city shall display in a (a) Except as provided in subsection (e), no prominent place on the premises and on the livestock shall be kept in the city. pen or kennel a sign stating the words (b) No live poultry shall be kept in the city "Beware of Dog." The letters shall be at except that one pet may be kept in a pen or least three inches in height. confinement which is at least 25 feet from any dwelling. (5) Insurance. All owners or handlers of dangerous dogs must obtain public liability (c) No more than two rabbits shall be kept on insurance in a single incident amount of at any premises in the city. The two rabbits which may least $50,000.00 for bodily injury, death or be kept at premises shall be in a pen located at least property damage resulting from the 25 feet from any dwelling and constructed and ownership, keeping or maintenance of such maintained in accordance with standards published animal. (6) Number. No more than one dog in the industry or by a 4-H organization. of the description determined by this (d) No wild animal shall be kept permanently chapter to be dangerous shall be kept on any or temporarily in the city unless affiliated with a premises in the city. transient circus or carnival having all required (b) Violations of the requirements of the permits to operate in the city, or a licensed zoo. provisions in subsection (a) of this section (e) Education exception. concerning dangerous dogs shall carry special penalties set forth in this chapter. (Code 2002, § 6- (1) Upon submission of a site plan and 15; Ord. No. 2064, § 3.11, 12-11-2001; Ord. No. approval by the planning commission, an 2268, 12-8-2009) educational institution may keep a limited State law reference—Dangerous animals, MCL 287.321 et seq. number of livestock, poultry, fowl, rabbits and other animals for educational purposes. Sec. 6-16. Other dangerous (2) An "educational institutional" for purposes animals; confinement. of this section is defined as an accredited educational institution, such as a school (a) All other dangerous animals besides dogs within the Muskegon area intermediate shall be kept and confined in completely secure school district, an elementary, intermediate, cages or containers which allow no access by any and/or secondary school, college, persons except by unlocking such cages or university or other such institutions of containers for the feeding of the animal. Such higher learning, public and private, offering CD6:6 Packet Page 84 ANIMALS courses in general, technical or religious 10,890 square feet may have no more than education, not operated for profit and in full two hives. Lots between 10,890 square feet compliance with the city's zoning and 21,780 square feet may have no more ordinance. than four hives. Lots between 21,781 §6-17 square feet and 43,560 Supp. No. 3 (3) Measures must be taken to ensure that the livestock and other animals are not a square feet may have no more than five nuisance to neighboring properties for any hives. Lots larger than 43,560 square feet may reason, including the noise, smell, disease have no more than eight hives. (4) Barriers. A or danger that they may cause. flyway barrier at least six feet in height shall (4) All livestock and other animals must be shield any part of a property line that is within 25 located at least 25 feet from any dwelling. feet of a hive. The flyway barrier shall consist of a wall, fence, dense vegetation or a combination (5) All state and federal laws and regulations thereof pertaining to the housing and care of animals shall be followed. In addition, the (5) Water. A constant supply of water shall be program using the animals as part of its provided for all hives to avoid the educational curriculum must comply with congregation of bees at other nearby water the career tech program guidelines and sources. regulations. (6) Permit. A development permit is required (Code 2002, § 6-17; Ord. No. 2064, § 3.4, 12- in order to keep bees. 112001; Ord. No. 2268, 12-8-2009; Ord. No. 2327, (Ord. No. 2364, 5-9-2017) 8-26-2014) State law reference—Livestock at large, MCL 433.51 et seq. Sec. 6-18. Beekeeping. (a) Beekeeping is permitted under the following conditions: (1) Location. Hives are permitted on all properties that have a principal structure and also in approved community gardens and urban farms. Hives must be located in backyards or on rooftops. Community gardens and urban farms that do not have a principal structure to establish a back yard must have the hives setback at least 50 feet from the front property line. Hives must be setback from side and rear property lines as follows: i. One to four hives: Ten feet from property lines; ii. Five to eight hives: 25 feet from property lines. (2) Size of hives. A hive may not exceed 20 cubic feet. (3) Number of hives allowed. Lots less than CD6:7 Packet Page 85 Chapters 7—9 RESERVED Packet Page 86 This ordinance adopted: Ayes: Nayes: Adoption Date: Effective Date: First Reading: Second Reading: CITY OF MUSKEGON By: __________________________ Ann Meisch, MMC - City Clerk Packet Page 87 CERTIFICATE (Update to the Animal Ordinance definitions and terms) The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 14th day of March 2023, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, and that minutes were kept and will be or have been made available as required thereby. DATED: March 14, 2023 ________________________________ Ann Meisch, MMC Clerk, City of Muskegon Publish Notice of Adoption to be published once within ten (10) days of final adoption. Packet Page 88 CITY OF MUSKEGON NOTICE OF ADOPTION Please take notice that on March 14, 2023 the City Commission of the City of Muskegon adopted an ordinance to update the terms and definitions on the Animal Ordinance, summarized as follows: 1. The updates to the Animal Ordinance remove all specific references to any one type of dog breed. 2. The definitions of Dangerous Animal and Vicious Animal were also updated. Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours. This ordinance amendment is effective ten days from the date of this publication. Published CITY OF MUSKEGON By: Ann Meisch, MMC, City Clerk --------------------------------------------------------------------------------------------------------------------- PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. Packet Page 89 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 3/14/23 Title: 1095 Third Street Termination of Purchase Agreement Submitted By: Jake Eckholm Department: Economic Development Brief Summary: The due-diligence and closing deadline for the purchase agreement between the City and Suburban Properties for the redevelopment of the former Catholic Charities site has expired, and staff recommends formally terminating the approved purchase agreement. Detailed Summary & Background: We have been in regular contact with Mr. Shaun Burket of Suburban Properties since the August 2022 approval of the purchase agreement by the City Commission. Unfortunately, the lending environment along with construction costs and delays with other active projects by Suburban Properties has caused us to reach a point of mutual separation. We are still working collaboratively with Suburban on a potential infill housing project, so we anticipate future partnerships are likely. We will consider proposals from other developers who have been waiting for a turn at this property most of the time it has been under option by Mr. Burket in another agenda item. Goal/Focus Area/Action Item Addressed: Goal 1 (Image) Housing Focus Area, Goal 2 (Quality of Life) Housing Focus Area, Action Item 21-8 Expand Housing Options, and Goal 3 (Revitalize Revenues) Housing Focus Area, Action Item 21- 13 Increase Property Values in Urban Core and Eastside Neighborhoods Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: Motion to approve the Termination of Purchase Agreement as presented and authorize the Mayor and Clerk to sign. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads Communication No Legal Review Packet Page 90 For City Clerk Use Only: Commission Action: Packet Page 91 Packet Page 92 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 14, 2023 Title: On-Premise Tasting Room Permit for Rake Beer Project, LLC Submitted By: Ann Meisch Department: City Clerk Brief Summary: To adopt a resolution approving a new On-Premise Tasting Room Permit for Rake Beer Project, LLC at 500 W. Western Avenue, Suite 200, Muskegon, MI 49440 Detailed Summary: Amount Requested: Amount Budgeted: Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: To adopt the resolution for a new On-Premises Tasting Room Permit for Rake Beer Project, LLC at 500 W. Western Avenue, Suite 200, Muskegon, MI 49440. For City Clerk Use Only: Commission Action: Packet Page 93 Packet Page 94 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 14, 2023 Title: USACE Right of Entry for Sewer Repair Submitted By: Dan VanderHeide Department: DPW Brief Summary: The U.S. Army Corps of Engineers (USACE) has requested the City authorize their work on our property to repair a storm sewer serving the U.S. Army Reserve base in the City. Detailed Summary & Background: The U.S. Army Corps of Engineers (USACE), on behalf of the U.S. Army Reserve base located at 1430 Parslow Drive, plans to repair a storm sewer outlet that has severely eroded the bank of Ruddiman Creek. The storm sewer passes through the City’s property on it’s way to the creek. The storm sewer sits in an easement; however, the scope of the repair is larger than the easement. The USACE has requested the City sign a Right of Entry (ROE) document authorizing them to work on the City’s property to make the repair. Goal/Focus Area/Action Item Addressed: Goal 3 Focus Area: Foster strong ties among government & community agencies. Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: Grant Right of Entry to the U.S. Army Corps of Engineers and authorize the Mayor and Clerk to sign the Right of Entry documents and certification. Approvals: Legal Review Guest(s) Invited / Presenting Immediate Division Head Information Technology Yes Other Division Heads Communication No For City Clerk Use Only: Commission Action: Packet Page 95 DEPARTMENT OF THE ARMY U. S. ARMY ENGINEER DISTRICT, LOUISVILLE CORPS OF ENGINEERS P. O. BOX 59 LOUISVILLE KY 40201-0059 February 28, 2023 Real Estate Division Dan VanderHeide Public Works Director, City of Muskegon 1350 E. Keating Ave. Muskegon, MI 49442 Re: Right-of-Entry DACA27-9-23-269, 2LT Walter Haupt Army Reserve Center, 1430 Parslow Dr., Muskegon, MI 49441-2799 Dear Mr. VanderHeide: The United States Army Corps of Engineers (USACE) needs your cooperation in assisting the 88th Readiness Division (RD) to complete a remediation project located near the Muskegon Army Reserve Center. The 88th RD is planning a project to repair the storm water manhole as well as the pipe from our property line to the spillway. The project will also repair the washed-out bank to include removing soil from Ruddiman Creek. The land on which this work is to be completed is owned by the City of Muskegon. A partnership between the USACE and yourself is needed for the successful outcome of the project and gaining access to your organization’s property is essential. Enclosed is a copy of Right-of-Entry No. DACA27-9-23-269. Also, enclosed is the Certificate of Authority which must be completed and signed by someone other than the person signing the ROE. Please return a signed copy of the Right-of-Entry and signed copy of the Certificate of Authority to Richard.M.Madley@usace.army.mil. We look forward to working with you to conduct this work on your property. Your cooperation and quick response would be appreciated. If you have any questions in this matter, please contact Mr. Richard Madley (502) 315-6942. Sincerely, PRESTON.JACKI Digitally signed by PRESTON.JACKIE.L.1230321171 E.L.1230321171 Date: 2023.02.28 13:58:48 -05'00' Jackie L. Preston Chief, Military Branch Enclosures Right-of-Entry Certificate of Authority Packet Page 96 ROE No. DACA27-9-23-269 DEPARTMENT OF THE ARMY RIGHT-OF-ENTRY FOR CONSTRUCTION 2LT Walter Haupt Army Reserve Center FACID: MO023, Site Code: 26895 Project, Installation or Activity Tract No. or Other Property Identification The undersigned, hereinafter called the "Owner", hereby grants to the United States of America, hereinafter called the "Government", a permit or right-of-entry upon the following terms and conditions: 1. The Owner hereby grants to the Government subject to coordination with Owner, an irrevocable right to enter upon the lands hereinafter described at any time within a period of Fifteen (15) months from the date of this instrument, for use by the Government, its representatives, agents, contractors, and assigns, in order to repair the storm water manhole and pipe from our property line to the spillway at the bottom of the ravine and repair the washed-out bank caused by the broken storm pipe to include removing soil from Ruddiman Creek. 2. All tools, equipment, improvements, and other property taken upon or placed upon the land by the Government shall remain the property of the Government and may be removed by the Government at any time within a reasonable period after the expiration of this permit or right-of- entry. 3. The Government subject to coordination with Owner, shall have the right to patrol and police the lands hereinafter described during the period of this permit or right-of-entry. 4. If any action of the Government's employees or agents in the exercise of this right-of-entry results in damage to the real property, the Government will, in its sole discretion, either repair such damage or make an appropriate settlement with the Owner. In no event shall such repair or settlement exceed the fair market value of the fee title to the real property at the time immediately preceding such damage. The Government's liability under this clause is subject to the availability of appropriations for such payment, and nothing contained in this agreement may be considered as implying that Congress will at a later date appropriate funds sufficient to meet any deficiencies. The provisions of this clause are without prejudice to any rights the Owner may have to make a claim under applicable laws for any damages other than those provided for herein. The land affected by this right-of-entry is located in the County of Muskegon, State of Michigan, and is described in Exhibit A (Map). Packet Page 97 ROE No. DACA27-9-23-269 WITNESS MY HAND AND SEAL this _____ day of ________________, 2023. CITY OF MUSKEGON Signature ______________________________ Print Name UNITED STATES OF AMERICA ______________________________ Jackie Preston Chief, Military Branch Packet Page 98 Packet Page 99 DACA27-9-23-269 (2LT WALTER HAUPT ARMY RESERVE CENTER) CERTIFICATE OF AUTHORITY I, __________________________________ certify that I am the ____________________ (Name of clerk or appropriate official) (Title) of the ______________________________ and that________________________________, (name of govt entity) (Name of Officer Signing Agreement) who signed the foregoing instrument on behalf of the grantee, was then the _______________________of ____________________________________________ (Office Held) (name of govt entity) I further certify that the said officer was acting within the scope of powers delegated to this officer by the governing body of the grantee in executing said instrument. ________________________________ (Signature of clerk or appropriate official) ________________________________ (Date) Packet Page 100 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 14, 2023 Title: McGraft Community Building Roof Replacement Submitted By: Kyle Karczewski Department: Parks Brief Summary: Staff proposes to replace the roof at the McGraft Community Building due to leaks. Detailed Summary & Background: The current roof is beyond life expectancy and some minor leaking is occurring. Interior renovations done in 2021 and 2022 may be compromised if corrective action is not taken. Three bids have been obtained. Two were in excess of $60,000 but the third from Schmidt Roofing for $29,284.00 is recommended for acceptance. Funding will be provided through the McGraft Endowment fund, which performed very well in the market last year and contributed approximately $120,000 to fund improvements to the park this year and next. Goal/Focus Area/Action Item Addressed: Goal 1 Key Focus Area: Enhanced Parks and Recreation Department and Services Amount Requested: $29,284.00 Amount Budgeted: $100,000 (All Building Repair) Fund(s) or Account(s): McGraft Endowment Fund(s) or Account(s): 101-757-986 Recommended Motion: Authorize staff to enter into a contract with Schmidt Roofing for $29,284 to replace the roof at the McGraft Park Community Building. Approvals: Guest(s) Invited / Presenting Immediate Division Head ☒ Information Technology ☐ Yes ☐ Other Division Heads ☐ Communication ☐ No ☒ Legal Review ☐ For City Clerk Use Only: Commission Action: Packet Page 101 Rick A. Hines President Estimate Residential Rep Date Estimate # Builders License # RJR 1/26/2023 12565 2102 180586 Color - Name / Address Job Address McGraft Park McGraft Park Tim Harvey Tim Harvey "The Old Roofers" 2204 Wickham Dr 2204 Wickham Dr Muskegon, MI 49441 Muskegon, MI 49441 Since 1953 P.O. Number Credit cards are charged 2%-3% each use. Phone Number 1/2 down, balance on completion 616-566-3577 Description Total Roofing - Siding - Windows This bid is for the main lodge. Tear off all layers of roofing down to wood deck 29,284.00 Doors - Shutters and haul away debris. Install ice shield 6ft up on all eaves of roof, followed by Ice & Snow Removal a synthetic felt then followed by IKO laminated shingles. All edges of roof to receive new drip edge. All peaks of roof to receive shingles over ridge vent. All Remodeling walls to receive aluminum step flashing. All valleys to receive ice shield, 90lb Chimney and Masonry rolled roofing and weaved shingles. All pipes to receive new flashing boots. Repair Reflash chimney at base. Install a granulized torch down on lower sloped area's. Reflash all walls. Lifetime Manufacturer’s Warranty on Shingles SCHMIDT ROOFING & 15 Year Iron Clad CONSTRUCTION, INC. 3 Year Workmanship 552 W Southern Ave Muskegon, MI 49441 Muskegon (231) 726-2020 Fax: (231) 726-5695 Grand Haven (616) 847-0577 All material guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any board repair shall be an extra charge. All agreements contingent upon strikes, accidents or delays beyond our control. Our workers Total $29,284.00 Hart are fully covered by Workmen's Compensation Insurance. Contractor shall be liable for (231) 873-0904 neither incidental nor consequential damages other than reasonable repair of installed work. Authorized Signature: Unpaid contract shall constitute a lien against this property until paid. Homeowner shall be liable for actual and reasonable attorney fees incurred by contractor. Any claims for defects not corrected within a reasonable time after notice shall be subject to arbitration in Email: accordance with the rules of the Better Business Bureau, any award rendered thereon shall be fixed and binding in the parties hereto, and judgment may be entered thereon by a court Ricky A Hines schmidt@schmidt-roofing.com having jurisdiction thereof. NOTE: This estimate becomes a legal contract upon signing and dating. Date Signed Signature Web Site: www.schmidt-roofing.com Packet Page 102 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 14, 2023 Title: Consumers Easement @ Water Filter Plant Submitted By: Dan VanderHeide Department: DPW Brief Summary: Consumers Energy has requested an easement for a utility pole support (guy wire) on the water filter plant property to allow for new electric service for 3421 Lakeshore Drive (a private residence). Detailed Summary & Background: Consumers Energy has requested an easement for a utility pole support (guy wire) on the water filter plant property (1900 Beach Street) to allow for new electric service for 3421 Lakeshore Drive (a private residence). Joe Buthker, Water Filter Plant Superintendent, has review the easement and is confident that the easement and pole support will not impact the water filter plant operations nor stand in the way of any future planned improvements. Goal/Focus Area/Action Item Addressed: Goal 3 Focus Area: Foster strong ties among government & community agencies. Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: Grant an easement to Consumers Energy on the City’s property at 1900 Beach Street and authorize the Mayor to sign the easement documents. Approvals: Legal Review Guest(s) Invited / Presenting Immediate Division Head Information Technology Yes Other Division Heads Communication No For City Clerk Use Only: Commission Action: Packet Page 103 Packet Page 104 Packet Page 105 Packet Page 106 Packet Page 107 Packet Page 108 Packet Page 109 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 14, 2023 Title: Aggregates, Maintenance Materials & Concrete Submitted By: Dan VanderHeide Department: DPW Brief Summary: Award supply of aggregates, highway maintenance materials and ready-mixed concrete for 2023 to selected bidders. Detailed Summary & Background: Bids were solicited for aggregates, highway maintenance materials and ready-mixed concrete for purchase in 2022. Purchases will be made from the recommended bidders highlighted in yellow on the attached bid tabs. Purchases are contingent upon product availability, timely deliveries, and prices as quoted. Goal/Focus Area/Action Item Addressed: Goal 4 Key Focus Area: Sustainability in infrastructure and financial practices. Amount Requested: Variable Amount Budgeted: Variable Fund(s) or Account(s): 101, 202, 203, 590, 591 Fund(s) or Account(s): 101, 202, 203, 590, 591 Recommended Motion: Award bids for aggregates, highway maintenance materials and ready-mixed concrete purchases for 2023 as presented. Approvals: Guest(s) Invited / Presenting Immediate Division Head Information Technology Yes Other Division Heads Communication No For City Clerk Use Only: Commission Action: Packet Page 110 Highway Maintenance Materials BID TABULATION February 28, 2023 Contractor Great Lakes Chloride Michigan Paving P&T Products Sherwin Industries Unique Paving Materials Address PO Box 634 1950 Williams St 472 Industrial Pkwy 2129 West Morgan Ave 3993 E 93rd St City/St Grand Haven, MI Alma, MI Sandusky, OH Milwaukee, WI Cleveland, OH Phone 574-527-0287 989-600-4253 419-621-1966 414-281-6400 231-883-3030 Deliver TOTAL TOTAL TOTAL TOTAL TOTAL DESCRIPTION QTY UNIT or Pickup UNIT PRICE PRICE UNIT PRICE PRICE UNIT PRICE PRICE UNIT PRICE PRICE UNIT PRICE PRICE 38% Liquid Calcium Chloride 1 40,000 GAL DEL $0.649 $25,960.00 $0.00 $0.00 $0.00 $0.00 32% Liquid Calcium Chloride 2 15,000 GAL DEL $0.618 $9,270.00 $0.00 $0.00 $0.00 $0.00 Hot Mix Asphalt, 3C Base 3 200 TON PU $0.00 $0.00 $0.00 $0.00 $0.00 Hot Mix Asphalt, 4C Top 4 1000 TON PU $0.00 $0.00 $0.00 $0.00 $0.00 DEL $0.00 $0.00 $0.00 $0.00 $146.70 $29,340.00 5 Sylvax Patching Materials 200 TON PU $0.00 $0.00 $0.00 $0.00 $122.00 $24,400.00 AE90 Asphalt Emulsion 6 20,000 GAL DEL $0.00 $3.93 $78,600.00 $0.00 $0.00 $0.00 DEL $0.00 $0.00 $0.527 $26,350.00 $0.65 $32,250.00 $0.00 7 Crack Sealant 50,000 LBS PU $0.00 $0.00 $0.494 $24,700.00 $0.60 $30,125.00 $0.00 Contractor Michigan Paving Ashphalt Paving Address 3566 Millcreek 45 S Getty City/St Comstock Park, MI Muskegon, MI Phone 517-740-4960 231-531-8054 Deliver TOTAL TOTAL TOTAL TOTAL TOTAL DESCRIPTION QTY UNIT or Pickup UNIT PRICE PRICE UNIT PRICE PRICE UNIT PRICE PRICE UNIT PRICE PRICE UNIT PRICE PRICE 38% Liquid Calcium Chloride 1 40,000 GAL DEL $0.00 $0.00 $0.00 $0.00 $0.00 32% Liquid Calcium Chloride 2 15,000 GAL DEL $0.00 $0.00 $0.00 $0.00 $0.00 Hot Mix Asphalt, 3C Base 3 200 TON PU $81.00 $16,200.00 $79.50 $15,900.00 $0.00 $0.00 $0.00 Hot Mix Asphalt, 4C Top 4 1000 TON PU $81.00 $81,000.00 $79.50 $79,500.00 $0.00 $0.00 $0.00 DEL $0.00 $0.00 $0.00 $0.00 $0.00 5 Sylvax Patching Materials 200 TON PU $0.00 $0.00 $0.00 $0.00 $0.00 AE90 Asphalt Emulsion 6 20,000 GAL DEL $0.00 $0.00 $0.00 $0.00 $0.00 DEL $0.00 $0.00 $0.00 $0.00 $0.00 7 Crack Sealant 50,000 LBS PU $0.00 $0.00 $0.00 $0.00 $0.00 Packet Page 111 Aggregates BID TABULATION February 28, 2023 Contractor Verplank Trucking McCormick Sand Accurate Excavators Address PO Box 8 5430 Russell Rd 2821 Central Rd City/St Ferrysburg, MI Twin Lake, MI Muskegon, MI Phone 616-935-9025 231-766-0466 x 109 231-766-0557 Deliver UNIT UNIT UNIT DESCRIPTION QUANTITY UNIT or Pickup PRICE TOTAL PRICE PRICE TOTAL PRICE PRICE TOTAL PRICE DEL $26.25 $6,562.50 $0.00 $0.00 1 32FA/H1 (Coarse stone-sand) 250 TON PU $25.00 $6,250.00 $0.00 $0.00 2 Road Slag, 22A 5,000 TON DEL $17.85 $89,250.00 $0.00 $0.00 DEL $15.00 $3,750.00 $0.00 $0.00 3 Natural Road Gravel, 22A, 23A 250 TON PU $0.00 $0.00 $0.00 DEL $13.00 $3,250.00 $0.00 $0.00 4 2NS Sand/Torpedo Sand 250 TON PU $0.00 $0.00 $0.00 DEL $12.00 $6,000.00 $16.05 $8,025.00 $11.50 $5,750.00 5 Screened Top Soil 500 CYD PU $0.00 $12.60 $6,300.00 $10.00 $5,000.00 DEL $8.50 $17,000.00 $7.05 $14,100.00 $8.20 $16,400.00 6 Fill Sand (Class II or IIIA) 2,000 CYD PU $0.00 $3.25 $6,500.00 $3.25 $6,500.00 Contractor Ryerson Brothers Stone of Michigan Top Grade Aggregates Address 2979 Industrial Pkwy 3700 Patterson Rd 3407 58th St City/St Muskegon, MI Middleville, MI Hamilton, MI Phone 231-888-4020 269-509-2637 269-751-8898 Deliver UNIT UNIT UNIT DESCRIPTION QUANTITY UNIT or Pickup PRICE TOTAL PRICE PRICE TOTAL PRICE PRICE TOTAL PRICE DEL $38.00 $9,500.00 $0.00 $0.00 1 32FA/H1 (Coarse stone-sand) 250 TON PU $0.00 $0.00 $0.00 2 Road Slag, 22A 5,000 TON DEL $28.00 $140,000.00 $0.00 $0.00 DEL $25.00 $6,250.00 $19.15 $4,787.50 $22.25 $5,562.50 3 Natural Road Gravel, 22A, 23A 250 TON PU $0.00 $8.75 $2,187.50 $12.00 $3,000.00 DEL $30.00 $7,500.00 $15.40 $3,850.00 $18.30 $4,575.00 4 2NS Sand/Torpedo Sand 250 TON PU $0.00 $6.40 $1,600.00 $5.50 $1,375.00 DEL $22.00 $11,000.00 $0.00 $25.10 $12,550.00 5 Screened Top Soil 500 CYD PU $0.00 $0.00 $15.50 $7,750.00 DEL $12.00 $24,000.00 $17.95 $35,900.00 $0.00 6 Fill Sand (Class II or IIIA) 2,000 CYD PU $0.00 $3.40 $6,800.00 $0.00 Packet Page 112 Concrete BID TABULATION February 28, 2023 *Bid selection based on 7-sack mix which is the most commonly used product, inclusion of other charges for “multiple drop locations” and “small load charges”. It should also be noted that concrete purchases may include several miscellaneous charges, including, but not limited to, hot water, chloride, winter price, and extra unload time. Contractor Port City Redi Mix High Grade Address 1780 Sheridan Rd 767 E Sharman City/St Muskegon, MI Muskegon, MI Phone 231-277-2777 231-733-8247 DESCRIPTION UNIT UNIT PRICE UNIT PRICE 1 5 Sack Mix CU.YD. $134.00 $131.00 2 6 Sack Mix CU.YD. $142.00 $139.00 3 7 Sack Mix* CU.YD. $150.00 $147.00 4 9 Sack Mix CU.YD. $166.00 $163.00 5 Minimum Load # CU YD 2 1 CU.YD. 4-5 $100.00 $75.00 CU.YD. 3-4 $100.00 $90.00 6 Small Load charge, add CU.YD. 2-3 $150.00 $110.00 CU.YD. 1-2 na $130.00 7 Separate location drop charge per drop $50.00 $50.00 8 Extra Unloading Time $ per min $95 per hour over 60 min $100 charge after 60 min Winter Price from ___Dec______ to ____March___ CY $11.00 $12.00 Winter Price from ____Nov______ and____April______ CY $6.00 $6.00 Chloride - 1% CU.YD. $3.00 $2.50 Chloride - 2% CU.YD. $6.00 $5.00 Other charges Fuel Surcharge $20/load na Packet Page 113 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 14, 2023 Title: Olthoff Drive Grant Agreement Submitted By: Dan VanderHeide Department: Public Works Brief Summary: Staff is requesting approval of a contract with MDOT for a grant for the construction of Olthoff Drive from its east end extended 1,400 feet into the former prison industrial park, and approval of a resolution authorizing the DPW Director and Clerk to sign the contract. Detailed Summary & Background: This is the standard contract that governs construction contracts that use federal funds and/or are administered through MDOT. The estimated cost of the project is $1,600,000, with $630,000 of that being Category A Transportation Economic Development Fund (TEDF) grant dollars. The reminder of $970,000 is accounted for in the City’s planned distribution of the remaining MEDC grant used to prepare the industrial park for development. $320,000 will be used to provide the match for this TEDF grant, and $650,000 will be used for the construction of the water and sewer lines. Of the project budget, $53,875 has been spent on design engineering services, and $62,600 is planned for construction engineering services. These were awarded to HRC by Commission on May 11, 2021. The project has been bid, but award to the contractor cannot be made until MDOT has approved the grant agreement and issued a notice to proceed. The construction contract will be brought to the Commission in late March or early April for award. Goal/Focus Area/Action Item Addressed: Key Focus Area: Sustainability in financial practices and infrastructure. Amount Requested: $950,000 Road Amount Budgeted: $630,000 MDOT TEDF $650,000 Utilities $970,000 MEDC $1,600,000 Total $1,600,000 Total Fund(s) or Account(s): Varies Fund(s) or Account(s): N/A (100% Grant) Recommended Motion: Approval of the Olthoff Drive MDOT Contract and a resolution authorizing the DPW Director and Clerk to sign the contract. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads Communication No For City Clerk Use Only: Commission Action: Packet Page 114 RESOLUTION __________ RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR HOT MIX ASPHALT ROAD CONSTRUCTION ALONG OLTHOFF DRIVE FROM THE CUL-DE-SAC AT THE EAST END, EASTERLY AND SOUTHERLY APPROXIMATELY 0.30 MILES, INCLUDING EARTHWORK, AGGREGATE BASE, CONCRETE CURB AND GUTTER, STORM SEWER AND PERMANENT PAVEMENT MARKINGS; AND ALL TOGETHER WITH NECESSARY RELATED WORK. Moved by Commissioner ________________ and supported by Commissioner ______________ the following Resolution be adopted: WHEREAS, entry by the City of Muskegon into Contract no. 23-5027 between the Michigan Department of Transportation and the City of Muskegon for the Extension of Olthoff Drive from the east cul-de-sac to the southeast approximately 0.30 miles within the City is in the best interests of the City of Muskegon. RESOLVED, that entry by the City into Contract Agreement Number 23-5027 be and the same is hereby authorized and approved and the DPW Director and Clerk are authorized to execute said contract for and on behalf of the City of Muskegon. Adopted this 7TH day of November, 2022. BY Dan VanderHeide, Director of Public Works ATTEST Ann Meisch, City Clerk CERTIFICATION This resolution was adopted at a meeting of the City Commission, held on March 14, 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 115 TED (A) COM NON FED Control Section EDA 61000 Job Number 218123CON Contract No. 23-5027 THIS CONTRACT is made by and between the MICHIGAN DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT;" and the CITY OF MUSKEGON, a Michigan municipal corporation, hereinafter referred to as the “REQUESTING PARTY;” for the purpose of fixing the rights and obligations of the parties in agreeing to the following improvements, in Muskegon, Michigan, hereinafter referred to as the "PROJECT" and estimated in detail on EXHIBIT "I," dated January 17, 2023, attached hereto and made a part hereof: Hot mix asphalt road construction along Olthoff Drive from the cul-de-sac at the east end, easterly and southerly approximately 0.30 miles, including earthwork, aggregate base, concrete curb and gutter, storm sewer and permanent pavement markings; and all together with necessary related work. WITNESSETH: WHEREAS, the State of Michigan is hereinafter referred to as the “State;” and WHEREAS, the PROJECT has been approved for financing in part with funds from the State appropriated to the Transportation Economic Development Fund, hereinafter referred to as "TED FUNDS," qualifies for funding pursuant to PA 231, Section 11(3)(a); Public Act of 1987, as amended, and is categorized as: CATEGORY “A” FUNDED PROJECT WHEREAS, the parties hereto have reached an understanding with each other regarding the performance of the PROJECT work and desire to set forth this understanding in the form of a written contract. NOW, THEREFORE, in consideration of the premises and of the mutual undertakings of the parties and in conformity with applicable law, it is agreed: 1. The parties hereto shall undertake and complete the PROJECT in accordance with the terms of this contract. 01/23/03 TEDDIR.FOR 1/17/23 1 Packet Page 116 2. The term "PROJECT COST," as herein used, is hereby defined as the cost of the physical construction necessary for the completion of the PROJECT. The costs incurred by the REQUESTING PARTY for preliminary engineering, construction engineering and inspection, and right-of-way are excluded from the PROJECT COST as defined by this contract. The Michigan Department of Environment, Great Lakes, and Energy has informed the DEPARTMENT that it adopted new administrative rules (R 325.10101, et. seq.) which prohibit any governmental agency from connecting and/or reconnecting lead and/or galvanized service lines to existing and/or new water main. Questions regarding these administrative rules should be directed to the Michigan Department of Environment, Great Lakes, and Energy. The cost associated with replacement of any lead and/or galvanized service lines, including but not limited to contractor claims, will be the sole responsibility of the REQUESTING PARTY. 3. The DEPARTMENT is authorized by the REQUESTING PARTY to perform, at no cost to the PROJECT, such administration of the PROJECT covered by this contract as is necessary to assist the REQUESTING PARTY to qualify for funding. Such administration may include performing such review, legal, financing, any other PROJECT related activities as are necessary to assist the REQUESTING PARTY in meeting applicable State requirements. The DEPARTMENT shall provide the REQUESTING PARTY with a notice to proceed with the award of the construction contract for the PROJECT. The DEPARTMENT shall make a final acceptance inspection of the PROJECT as necessary to ensure the PROJECT meets State requirements. Failure to comply with State requirements may result in forfeiture of future distributions of the Michigan Transportation Fund as described in Section 5. No charges will be made by the DEPARTMENT to the PROJECT for any inspection work or construction engineering. 4. The REQUESTING PARTY, under the terms of this contract, shall advertise and award the PROJECT work in accordance with the following: A. The REQUESTING PARTY will, at no cost to the DEPARTMENT or the PROJECT, design, or cause to be designed, the PROJECT, and shall accept full responsibility for that design. Any review undertaken by the DEPARTMENT is for its own purposes and is not to nor does it relieve the REQUESTING PARTY of liability for any claims, causes of action or judgments arising out of the design of the PROJECT. B. The REQUESTING PARTY, hereby, certifies to the DEPARTMENT that the plans, specifications, and estimates for the PROJECT have been prepared in compliance with applicable State laws, standards, and regulations. 01/23/03 TEDDIR.FOR 1/17/23 2 Packet Page 117 C. The REQUESTING PARTY, hereby, certifies to the DEPARTMENT that the contracting procedures to be followed by the REQUESTING PARTY in connection with the solicitation of the construction contract for the PROJECT shall be based on an open competitive bid process. It is understood that the proposal for the PROJECT shall be publicly advertised and the contract awarded on the basis of the lowest responsive and responsible bid in accordance with applicable State statutes and regulations. (1) The REQUESTING PARTY shall not award the construction contract prior to receipt of a notice to proceed from the DEPARTMENT. (2) Upon verification that contractor selection by the REQUESTING PARTY was made in accordance with the terms of this contract and upon receipt of the “Request for Payment” form from the REQUESTING PARTY, the DEPARTMENT will authorize payment to the REQUESTING PARTY for the eligible amount in accordance with Section 5. D. The REQUESTING PARTY will, at no cost to the PROJECT or the DEPARTMENT, comply with all applicable State statutes and regulations, including, but not limited to, those specifically relating to construction contract administration and obtain all permits and approvals with railway companies, utilities, concerned State, Federal, and local agencies, etc., and give appropriate notifications as may be necessary for the performance of work required for the PROJECT. The REQUESTING PARTY agrees to comply with all applicable requirements of Part 91, Soil Erosion and Sedimentation Control of the Natural Resources and Environmental Protection Act, 1994 PA 451 as amended by 1995 PA 60 and 1996 PA 173, MCL 324.9101 et. seq., for all PROJECT work performed under this contract, and the REQUESTING PARTY shall require its contractors and subcontractors to comply with the same. E. All work in connection with the PROJECT shall be performed in conformance with the DEPARTMENT’S current Standard Specifications for Construction, special provisions, and the supplemental specifications and plans pertaining to the PROJECT. All materials furnished and used in the construction of the PROJECT shall conform to the aforesaid specifications. Any changes in the scope of work for the PROJECT will require approval by the DEPARTMENT. 01/23/03 TEDDIR.FOR 1/17/23 3 Packet Page 118 F. The REQUESTING PARTY shall, at no cost to the PROJECT or to the DEPARTMENT, appoint a project engineer who shall administer the PROJECT and ensure that the plans and specifications are followed, and shall perform or cause to be performed the construction engineering and inspection services necessary for the completion of the PROJECT. Should the REQUESTING PARTY elect to use consultants for construction engineering and inspection, the REQUESTING PARTY shall provide a full-time project manager employed by the REQUESTING PARTY who shall ensure that the plans and specifications are followed. G. The REQUESTING PARTY shall require the contractor who is awarded the contract for the construction of the PROJECT to provide, as a minimum, insurance in the amounts specified in and in accordance with the DEPARTMENT'S current Standard Specifications for Construction, and to: (1) Maintain bodily injury and property damage insurance for the duration of the PROJECT. (2) Provide owner's protective liability insurance naming as insureds the State of Michigan, the Michigan State Transportation Commission, the DEPARTMENT and its officials, agents and employees, the REQUESTING PARTY and any other party with jurisdiction for the roadway being constructed as the PROJECT, and their employees, for the duration of the PROJECT and to provide copies of certificates of insurance to the insureds. It is understood that the DEPARTMENT does not assume either ownership of any portion of the PROJECT or jurisdiction of any REQUESTING PARTY highway as a result of being named as an insured on the owner's protective liability insurance policy. (3) Comply with the requirements of notice of cancellation and reduction of insurance set forth in the current Standard Specifications for Construction and to provide copies of notices and reports prepared to those insured. 5. The PROJECT COST shall be met in part by contributions by TED FUNDS. TED FUNDS Category A shall be applied to the eligible items of the PROJECT COST up to an amount not to exceed the lesser of: (1) 78 percent of the approved and responsible low bid amount, or (2) $630,000. The balance, if any, of the PROJECT COST, after deduction of TED FUNDS, is the sole responsibility of the REQUESTING PARTY. 01/23/03 TEDDIR.FOR 1/17/23 4 Packet Page 119 The REQUESTING PARTY shall be responsible for the payment of all costs and expenses incurred in the performance of PROJECT work. Based upon the final cost of the PROJECT, the final costs included in the grant, and/or a request by the REQUESTING PARTY, a payment adjustment may be initiated and/or authorized by the DEPARTMENT for eligible items of the PROJECT COST such that the total amount of TED FUNDS does not exceed $630,000. The grant includes those activities of preliminary engineering, right-of-way acquisition, construction, and construction engineering related to the grant. The REQUESTING PARTY shall certify all actual costs incurred for work performed under this contract that are eligible for payment with TED FUNDS and will be required to repay any TED FUNDS it received in excess of 78 percent of the total of such costs. 6. The REQUESTING PARTY shall establish and maintain adequate records and accounts relative to the cost of the PROJECT. Said records shall be retained for a period of three (3) years after completion of construction of the PROJECT and shall be available for audit by the DEPARTMENT. In the event of a dispute with regard to allowable expenses or any other issue under this contract, the REQUESTING PARTY shall continue to maintain the records at least until that dispute has been finally decided and the time after all available challenges or appeals of that decision has expired. The DEPARTMENT, or its representative, may inspect, copy, or audit the records at any reasonable time after giving reasonable notice. The REQUESTING PARTY, within six (6) months of completion of the PROJECT and payment of all items of PROJECT COST related thereto, shall make a final reporting of construction costs to the DEPARTMENT and certify that the PROJECT has been constructed in accordance with the PROJECT plans, specifications, and construction contract. In the event that an audit performed by or on behalf of the DEPARTMENT indicates an adjustment to the costs reported under this contract or questions the allowability of an item of expense, the DEPARTMENT shall promptly submit to the REQUESTING PARTY a Notice of Audit Results and a copy of the audit report which may supplement or modify any tentative findings verbally communicated to the REQUESTING PARTY at the completion of an audit. Within sixty (60) days after the date of the Notice of Audit Results, the REQUESTING PARTY shall: (a) respond in writing to the responsible Bureau or the DEPARTMENT indicating whether or not it concurs with the audit report, (b) clearly explain the nature and basis for any disagreement as to a disallowed item of expense, and (c) submit to the DEPARTMENT a written explanation as to any questioned or no opinion expressed item of expense, hereinafter referred to as the “RESPONSE”. The RESPONSE shall be clearly stated and provide any supporting documentation necessary to resolve any disagreement or questioned or no opinion expressed item of expense. Where the documentation is voluminous, the REQUESTING PARTY may supply appropriate excerpts and make alternate arrangements to conveniently and reasonably make that documentation available for review by the DEPARTMENT. The RESPONSE shall 01/23/03 TEDDIR.FOR 1/17/23 5 Packet Page 120 refer to and apply the language of the contract. The REQUESTING PARTY agrees that failure to submit a RESPONSE within the sixty (60) day period constitutes agreement with any disallowance of an item of expense and authorizes the DEPARTMENT to finally disallow any items of questioned or no opinion expressed cost. The DEPARTMENT shall make its decision with regard to any Notice of Audit Results and RESPONSE within one hundred twenty (120) days after the date of the Notice of Audit Results. If the DEPARTMENT determines that an overpayment has been made to the REQUESTING PARTY, the REQUESTING PARTY shall repay that amount to the DEPARTMENT or reach agreement with the DEPARTMENT on a repayment schedule within thirty (30) days after the date of an invoice from the DEPARTMENT. If the REQUESTING PARTY fails to repay the overpayment or reach agreement with the DEPARTMENT on a repayment schedule within the thirty (30) day period, the REQUESTING PARTY agrees that the DEPARTMENT shall deduct all or a portion of the overpayment from any funds then or thereafter payable by the DEPARTMENT to the REQUESTING PARTY under this contract or any other agreement, or payable to the REQUESTING PARTY under the terms of 1951 PA 51, as applicable. Interest will be assessed on any partial payments or repayment schedules based on the unpaid balance at the end of each month until the balance is paid in full. The rate of interest will be based on the Michigan Department of Treasury common cash funds interest earnings. The rate of interest will be reviewed annually by the DEPARTMENT and adjusted as necessary based on the Michigan Department of Treasury common cash funds interest earnings. The REQUESTING PARTY expressly consents to this withholding or offsetting of funds under those circumstances, reserving the right to file a lawsuit in the Court of Claims to contest the DEPARTMENT’S decision only as to any item of expense the disallowance of which was disputed by the REQUESTING PARTY in a timely filed RESPONSE. The REQUESTING PARTY shall comply with the Single Audit Act of 1984, P.L. 998-502 and applicable State laws and regulations relative to audit requirements. 7. Upon completion of construction of the PROJECT, the REQUESTING PARTY will cause to be enacted and enforced such ordinances or regulations as may be necessary to prohibit parking in the roadway right-of-way throughout the limits of the PROJECT. 8. The REQUESTING PARTY certifies that it is not aware if and has no reason to believe that the property on which the work is to be performed under this agreement is a facility, as defined by the Michigan Natural Resources and Environmental Protection Act [(NREPA), PA 451, 1994, as amended 2012]; MCL 324.20101(1)(s). The REQUESTING PARTY also certifies that it is not a liable party pursuant to either Part 201 or Part 213 of NREPA, MCL 324.20126 et seq. and MCL 324.21323a et seq. The REQUESTING PARTY is a local unit of government that has acquired or will acquire property for the use of either a transportation corridor or public right-of-way and was not responsible for any activities causing a release or threat of release of any hazardous materials at or on the property. The REQUESTING PARTY 01/23/03 TEDDIR.FOR 1/17/23 6 Packet Page 121 is not a person who is liable for response activity costs, pursuant to MCL 324.20101 (vv) and (ww). 9. If, subsequent to execution of this contract, previously unknown hazardous substances are discovered within the PROJECT limits, which require environmental remediation pursuant to either State or federal law, the REQUESTING PARTY, in addition to reporting that fact to the Michigan Department of Environment, Great Lakes, and Energy , shall immediately notify the DEPARTMENT, both orally and in writing of such discovery. The DEPARTMENT shall consult with the REQUESTING PARTY to determine if it is willing to pay for the cost of remediation and to determine the eligibility, for reimbursement, of the remediation costs. The REQUESTING PARTY shall pay all costs associated with such remediation, including all delay costs of the contractor for the PROJECT. If the REQUESTING PARTY refuses to participate in the cost of remediation, the amount of TED FUNDS the REQUESTING PARTY received from Grant #1422 shall be forfeited back to the DEPARTMENT. 10. If State funds administered by the DEPARTMENT are used to pay the cost of remediating any hazardous substances discovered after the execution of this contract and if there is a reasonable likelihood of recovery, the REQUESTING PARTY, in cooperation with the Michigan Department of Environment, Great Lakes, and Energy and the DEPARTMENT, shall make a diligent effort to recover such costs from all other possible entities. If recovery is made, the DEPARTMENT shall be reimbursed from such recovery for the proportionate share of the amount paid by the DEPARTMENT and the DEPARTMENT shall credit such sums to the appropriate funding source. 11. The DEPARTMENT'S sole reason for entering into this contract is to enable the REQUESTING PARTY to obtain and use funds provided by the State. Any and all approvals of, reviews of, and recommendations regarding contracts, agreements, permits, plans, specifications, or documents, of any nature, or any inspections of work by the DEPARTMENT pursuant to the terms of this contract are done to assist the REQUESTING PARTY in meeting program guidelines in order to qualify for available funds. Such approvals, reviews, inspections and recommendations by the DEPARTMENT shall not relieve the REQUESTING PARTY and the local agencies, as applicable, of their ultimate control and shall not be construed as a warranty of their propriety or that the DEPARTMENT is assuming any liability, control or jurisdiction. The providing of recommendations or advice by the DEPARTMENT does not relieve the REQUESTING PARTY and the local agencies, as applicable, of their exclusive jurisdiction of the highway and responsibility under MCL 691.1402 et seq., as amended. When providing approvals, reviews and recommendations under this contract, the DEPARTMENT is performing a governmental function, as that term is defined in MCL 691.1401 et seq. as amended, which is incidental to the completion of the PROJECT. 01/23/03 TEDDIR.FOR 1/17/23 7 Packet Page 122 12. The DEPARTMENT, by executing this contract, and rendering services pursuant to this contract, has not and does not assume jurisdiction of the highway, described as the PROJECT for purposes of MCL 691.1402 et seq., as amended. Exclusive jurisdiction of such highway for the purposes of MCL 691.1402 et seq., as amended, rest with the REQUESTING PARTY and other local agencies having respective jurisdiction. 13. The REQUESTING PARTY shall approve all of the plans and specifications to be used on the PROJECT and shall be deemed to have approved all changes to the plans and specifications when put into effect. It is agreed that ultimate responsibility and control over the PROJECT rests with the REQUESTING PARTY and local agencies, as applicable. 14. The REQUESTING PARTY agrees that the costs reported to the DEPARTMENT for this contract will represent only those items that are properly chargeable in accordance with this contract. The REQUESTING PARTY also certifies that it has read the contract terms and has made itself aware of the applicable laws, regulations, and terms of this contract that apply to the reporting of costs incurred under the terms of this contract. 15. Each party to this contract will remain responsible for any and all claims arising out of its own acts and/or omissions during the performance of the contract, as provided by this contract or by law. In addition, this is not intended to increase or decrease either party’s liability for or immunity from tort claims. This contract is also not intended to nor will it be interpreted as giving either party a right of indemnification, either by contract or by law, for claims arising out of the performance of this contract. 16. In connection with the performance of PROJECT work under this contract the parties hereto (hereinafter in Appendix “A” referred to as the “contractor”) agree to comply with the State of Michigan provisions for “Prohibition of Discrimination in State Contracts,” as set forth in Appendix A, attached hereto and made a part hereof. The parties further covenant that they will comply with the Civil Rights Acts of 1964 being P.L. 88-352, 78 Stat. 241, as amended, being Title 42 U.S.C. Sections 1971, 1975a-1975d, and 2000a-2000h-6, and will require similar covenants on the part of any contractor or subcontractor employed in the performance of this contract. 17. The REQUESTING PARTY and other local agencies, as applicable parties, understand and agree that the highway(s) or street(s) being improved under the terms of this agreement and funded with Transportation Economic Development Funds, shall not be subject to any restriction by local authorities in using certain commercial vehicles on such highway(s) or street(s). Such restrictions are in conflict with the basic concept of the Transportation Economic Development Program and Funding. The REQUESTING PARTY, by signing this agreement, agrees to obtain concurrence from other local governmental agencies within whose jurisdiction or control the highway(s) or street(s) are being improved. 01/23/03 TEDDIR.FOR 1/17/23 8 Packet Page 123 18. This contract shall become binding on the parties hereto and of full force and effect upon the signing thereof by the duly authorized officials for the parties hereto and upon the adoption of the necessary resolution approving said contract and authorizing the signatures thereto of the respective officials of the REQUESTING PARTY, a certified copy of which resolution shall be attached to this contract. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed as written below. CITY OF MUSKEGON By___________________________ By____________________________ Title: Department Director MDOT By___________________________ Title: REVIEWED By Larry Doyle at 11:21 am, 1/30/23 01/23/03 TEDDIR.FOR 1/17/23 9 Packet Page 124 January 17, 2023 EXHIBIT I CONTROL SECTION EDA 61000 JOB NUMBER 218123CON ESTIMATED COST Estimated PROJECT COST Contracted Work $803,000 ESTIMATED COST PARTICIPATION GRAND TOTAL ESTIMATED COST $803,000 Less TED FUNDS* $626,340 BALANCE (REQUESTING PARTY'S SHARE) $176,660 NO DEPOSIT *TED FUNDS for the PROJECT are limited to an amount as described in Section 5. 01/23/03 TEDDIR.FOR 1/17/23 10 Packet Page 125 APPENDIX A PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS In connection with the performance of work under this contract; the contractor agrees as follows: 1. In accordance with Public Act 453 of 1976 (Elliott-Larsen Civil Rights Act), the contractor shall not discriminate against an employee or applicant for employment with respect to hire, tenure, treatment, terms, conditions, or privileges of employment or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, height, weight, or marital status. A breach of this covenant will be regarded as a material breach of this contract. Further, in accordance with Public Act 220 of 1976 (Persons with Disabilities Civil Rights Act), as amended by Public Act 478 of 1980, the contractor shall not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment or a matter directly or indirectly related to employment because of a disability that is unrelated to the individual’s ability to perform the duties of a particular job or position. A breach of the above covenants will be regarded as a material breach of this contract. 2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section 1 of this Appendix. 3. The contractor will take affirmative action to ensure that applicants for employment and employees are treated without regard to their race, color, religion, national origin, age, sex, height, weight, marital status, or any disability that is unrelated to the individual’s ability to perform the duties of a particular job or position. Such action shall include, but not be limited to, the following: employment; treatment; upgrading; demotion or transfer; recruitment; advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 4. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, age, sex, height, weight, marital status, or disability that is unrelated to the individual’s ability to perform the duties of a particular job or position. 5. The contractor or its collective bargaining representative shall send to each labor union or representative of workers with which the contractor has a collective bargaining agreement or other contract or understanding a notice advising such labor union or workers’ representative of the contractor’s commitments under this Appendix. 6. The contractor shall comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil Rights Commission that may be in effect prior to the taking of bids for any individual state project. Packet Page 126 7. The contractor shall furnish and file compliance reports within such time and upon such forms as provided by the Michigan Civil Rights Commission; said forms may also elicit information as to the practices, policies, program, and employment statistics of each subcontractor, as well as the contractor itself, and said contractor shall permit access to the contractor’s books, records, and accounts by the Michigan Civil Rights Commission and/or its agent for the purposes of investigation to ascertain compliance under this contract and relevant rules, regulations, and orders of the Michigan Civil Rights Commission. 8. In the event that the Michigan Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has not complied with the contractual obligations under this contract, the Michigan Civil Rights Commission may, as a part of its order based upon such findings, certify said findings to the State Administrative Board of the State of Michigan, which State Administrative Board may order the cancellation of the contract found to have been violated and/or declare the contractor ineligible for future contracts with the state and its political and civil subdivisions, departments, and officers, including the governing boards of institutions of higher education, until the contractor complies with said order of the Michigan Civil Rights Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons with whom the contractor is declared ineligible to contract as a contracting party in future contracts. In any case before the Michigan Civil Rights Commission in which cancellation of an existing contract is a possibility, the contracting agency shall be notified of such possible remedy and shall be given the option by the Michigan Civil Rights Commission to participate in such proceedings. 9. The contractor shall include or incorporate by reference, the provisions of the foregoing paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Michigan Civil Rights Commission; all subcontracts and purchase orders will also state that said provisions will be binding upon each subcontractor or supplier. Revised June 2011 Packet Page 127 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 14, 2023 Title: 1st Amendment to the Temporary Water Operator Agreement with Muskegon Heights Submitted By: Jonathan Seyferth Department: City Manager/DPW (water) Brief Summary: The City of Muskegon has been providing Operators in Charge (OIC) for the City of Muskegon Heights since Jan. 1, 2023 for both water treatment and water distribution. The is an amendment to that agreement which will temporarily provide water plant operators to Muskegon Heights. This will expire on March 31, 2023. Detailed Summary & Background: During the month of March, the Muskegon Heights water plant will be short a fulltime operator which will cause a staffing issue for a few shifts during the balance of the month. In an effort to assist, Muskegon will provide plant operators on a limited basis during this time. It is anticipated that Muskegon staff will be operating the Muskegon Heights plant for 10 to 16 hours per week (two shifts per week). These Muskegon operators have volunteered for the additional duty and will be provided in a way that does not negatively impact staffing at the Muskegon water filtration plant. Muskegon Heights will be charged $100 per hour per operator. Muskegon will pay the operators out of the funds received from the City of Muskegon Heights. Goal/Focus Area/Action Item Addressed: Goal 3 – Community Connection, creating an environment of mutual respect and trust Amount Requested: N/A (Muskegon will Amount Budgeted: $0 charge Muskegon Heights a rate of $100 per hour for these operators) Fund(s) or Account(s): Water Fund Fund(s) or Account(s): Water Fund Recommended Motion: I motion to approve the 1st Amendment between the Cities of Muskegon and Muskegon Heights for Water operations and authorize the City Manager to sign. Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting to sending to the Clerk. Packet Page 128 Immediate Division Head Information Technology Yes Other Division Heads Communication No Legal Review For City Clerk Use Only: Commission Action: Packet Page 129 FIRST AMENDMENT TO SHORT TERM AGREEMENT BETWEEN THE CITY OF MUSKEGON AND THE CITY OF MUSKEGON HEIGHTS FOR PROVIDING NECESSARY SERVICES IN COMPLIANCE WITH THE MICHIGAN SAFE DRINKING WATER ACT IN THE OPERATING OF BOTH ITS WATER FILTRATION PLANT AND DISTRIBUTION SYSTEM THE AGREEMENT made this _________ day of March, 2023 between the City of Muskegon, located at 933 Terrace Street, Muskegon, Michigan 49443-0536 ( “Muskegon”) and the City of Muskegon Heights, located at 2724 Peck Street, Muskegon Heights, Michigan 49444 ( “Muskegon Heights”). RECITALS A. On December 28, 2022 Muskegon and Muskegon Heights entered into the Short Term Agreement Between the City of Muskegon and the City of Muskegon Heights for Providing Necessary Services in Compliance with the Michigan Safe Drinking Water Act in the Operating of Both its Water Filtration Plant and Distribution System Agreement (“Original Agreement”). B. Muskegon and Muskegon Heights now desire to amend that Agreement for Muskegon to provide water filtration plant operators, subject to this Agreement. Section 1 Recitals The parties agree that the Recitals provided above are true and correct and are incorporated into the body of this Agreement. Section 2 Short-Term Assistance for the Muskegon Heights Water Filtration Plant Muskegon shall use its best efforts to provide operators for the Muskegon Heights Water Filtration Plant. Muskegon shall use its best efforts to schedule an operator to be at the Muskegon Heights Water Filtration Plant. To the extent that Muskegon is requested to provide an operator at times not scheduled, Muskegon shall use its best efforts to provide an operator within 24 hours. Muskegon shall not be required to provide an operator when it would affect the operations of Muskegon’s Water Filtration Plant, in Muskegon’s sole discretion. Section 3 Entire Agreement and Amendment In conjunction with the matters considered herein, this Agreement contains the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties, or undertakings by any of the parties, either oral or written, of any character or nature hereafter binding except as set forth herein. This Agreement may be altered, amended, or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives their future right to claim, contest or assert that this Agreement was modified, canceled, superseded, or changed by any oral agreements, course of conduct waiver or estoppel. Packet Page 130 Section 4 Terms and Conditions The terms and conditions used in this Agreement shall be given their common and ordinary definition and will not be construed against either party. Section 5 Authority All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles, and capacities herein stated and on behalf of any entities, person, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any State and/or Federal law in order to enter into this Agreement have been fully complied with. Section 6 Term This Agreement shall continue until terminated by either party upon 14 days-notice, but in no event shall it continue beyond March 31, 2023. Section 7 Compensation A. Services provided by Muskegon to Muskegon Heights shall be billed on the basis of One Hundred and 00/100 ($100.00) Dollars per hour should the services be available through frontline (non- supervisory staff) and on the basis of One Hundred Twenty and 00/100 ($120.00) Dollars per hour should it be necessary to utilize supervisory staff to provide the noted services. This will include travel costs within the corporate limits of the City of Muskegon Heights and/or its filtration plant located in the corporate limits of the City of Norton Shores. If additional travel outside the corporate limits of the City of Muskegon Heights or the City of Norton Shores is necessary mileage will be billed at the prevailing IRS rate. B. Muskegon shall bill Muskegon Heights on a monthly basis. Muskegon Heights shall pay the invoices within fifteen (15) days of receipt. Section 8 As to all other respects, the Original Agreement shall continue in force as if restated herein. In Witness Whereof the parties have executed this Agreement in their respective cities. City of Muskegon Heights City of Muskegon _______________________________ ___________________________________ By: Melvin Burns By: Jonathan Seyferth Its: Interim City Manager Its: City Manager Packet Page 131 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 14, 2023 Title: Recommendation for Annual Renewal of Liquor Licenses Submitted By: Ann Marie Meisch Department: City Clerk Brief Summary: To adopt a resolution recommending the State withhold renewal of those liquor license establishments who are in violation of Section 50-146 and 50-147 of the Code of Ordinances for the City of Muskegon. These establishments have been found to be in non-compliance with the City Code of Ordinances and renewal of their liquor licenses should not be recommended by the City Commission. If any of these establishments come into compliance by March 23, 2023, they will be removed from this resolution. Detailed Summary & Background: Goal/Focus Area/Action Item Addressed: Amount Requested: None Amount Budgeted: None Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: Adoption of the resolution. 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 132 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 14, 2023 Title: Public Hearing Brownfield Plan Amendment, 2nd Amendment, Adelaide Pointe QOZB, LLC Submitted By: Contessa Alexander Department: Development Services Brief Summary: Approval for Brownfield Plan Amendment, 2nd Amendment for Adelaide Pointe QOZB, LLC (Adelaide Pointe Project) and to consider the attached resolution. Detailed Summary & Background: Adelaide Pointe QOZB, LLC has submitted a Brownfield Plan Amendment (2nd Amendment) for the Adelaide Pointe Project – a 35-acre mixed use waterfront development project including winter boat storage, marina space, In/Out forklift boat storage, commercial/retail, and up to 400 housing units. This 2nd Amendment BPA has been prepared due to the developer no longer seeking the City of Muskegon’s bonds to pay for eligible costs related to public infrastructure. The developer will pay for the following public infrastructure costs: public roadways, a reconfiguration of West Western Ave, as well as water main, sanitary sewer and storm sewer utilities. This will cause a shift in the Brownfield Tax Increment Funds to allow for the developer to receive 100% reimbursement for eligible activities. The BRA will be meeting on the morning of March 14. The public hearing has been scheduled and is under the assumption that the BRA will approve this 2nd amendment. The BPA for APQ was approved by the BRA on Oct. 12, 2021 and by City Commission on Oct. 26, 2021. The 1st Amendment to the BPA for APQ was approved by BRA on Dec. 13, 2022 and by City Commission on Jan. 10, 2023. Goal/Focus Area/Action Item Addressed: Focus Area: improved access to the waterfront, blight cleanup, progress toward completion of ongoing economic development projects. Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: Motion to close the public hearing and to approve the resolution for the Brownfield Plan Amendment, 2nd Amendment for the Adelaide Pointe Project authorizing the Mayor and City Clerk to sign. Approvals: Guest(s) Invited / Presenting Packet Page 133 Immediate Division Head Information Technology Yes Other Division Heads Communication No Legal Review For City Clerk Use Only: Commission Action: Packet Page 134 RESOLUTION APPROVING THE BROWNFIELD PLAN AMENDMENT Adelaide Pointe QOZB, LLC (1148-1204 West Western) Adelaide Pointe Project, 2nd Amendment County of Muskegon, Michigan 2023-March 14 Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of Muskegon, Michigan (the "City"), held in the City Commission Chambers on the 14th day of March, 2023 at 5:30 p.m., prevailing Eastern Time. PRESENT: ABSENT: The following preamble and resolution were offered by ______________ and supported by ______________. WHEREAS, in accordance with the provisions of Act 381, Public Acts of Michigan, 1996, as amended ("Act 381"), the City of Muskegon Brownfield Redevelopment Authority (the "Authority") has prepared and approved a Development and Reimbursement Agreement; and WHEREAS, the Authority has forwarded the Development and Reimbursement Agreement (1st Amendment) to the City Commission requesting its approval of the Development and Reimbursement Agreement (1st Amendment); and NOW, THEREFORE, BE IT RESOLVED THAT: 1. That the Brownfield Plan constitutes a public purpose under Act 381. 2. That the Brownfield Plan meets all the requirements of Section 13(1) of Act 381. 3. That the proposed method of financing the costs of the eligible activities, as identified in the Brownfield Plan and defined in Act 381, is feasible and the Authority has the authority to arrange the financing. 4. That the costs of the eligible activities proposed in the Brownfield Plan are reasonable and necessary to carry out the purposes of Act 381. Packet Page 135 5. That the amount of captured taxable value estimated to result from the adoption of the Brownfield Plan is reasonable. 6. That the Brownfield Plan in the form presented is approved and is effective immediately. 7. That all resolutions or parts of resolutions in conflict herewith shall be and the same are hereby rescinded. Be it Further Resolved that the Mayor and City Clerk are hereby authorized to execute all documents necessary or appropriate to implement the provisions of the Brownfield Plan. AYES: NAYS: ABSENT: RESOLUTION DECLARED APPROVED. _____________________________________ Ann Marie Meisch, City Clerk _____________________________________ Kenneth D. Johnson, Mayor Packet Page 136 I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a regular meeting held on March 14, 2023 and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act,being Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of said meetingwere kept and will be or have been made available as required by said Act. ______________________________ Ann Marie Meisch, City Clerk Packet Page 137 City of Muskegon Brownfield Redevelopment Authority County of Muskegon, State of Michigan RESOLUTION APPROVING BROWNFIELD PLAN AMENDMENT Adelaide Pointe QOZB LLC (1148-1204 West Western) 2nd Amendment Minutes of a regular meeting of the Board of the City of Muskegon Brownfield Redevelopment Authority, County of Muskegon, State of Michigan, held on the 14th day of March 2023 at 10:30 a.m., prevailing Eastern Time. PRESENT: Members ____________________________________________________ ______________________________________________________________________________ ABSENT: Members ____________________________________________________ The following preamble and resolution were offered by Member ______________ and supported by Member ___________________: WHEREAS, a Brownfield Plan has been adopted pursuant to Act 381, Public Acts of Michigan, 1996, as amended (“Act 381”), a copy of which is on file with the Secretary of the City of Muskegon Brownfield Redevelopment Authority (the “Authority”); and WHEREAS, the Authority is authorized to approve amendments to the Brownfield Plan and recommends the Amendment to add eligible properties within the Adelaide Pointe Project for approval to the City of Muskegon, County of Muskegon, State of Michigan (the “City”). NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. Approval of Brownfield Plan. The Board hereby adopts and approves the Brownfield Plan Amendment (2ndAmendment) for the Adelaide Pointe Project and recommends the approval of the Brownfield Plan Amendments by the Muskegon City Packet Page 138 Commission. 2. Public Hearing. The Board hereby requests city personnel to provide a notice of Public Hearing on the proposed Brownfield Plan Amendments, and further requests that such hearing notice be provided to all taxing jurisdictions. Notice of the time and place of the hearing shall be given pursuant to Act 267, Public Acts of Michigan, 1976, as amended (“Open Meetings Act”). 3. Deliver Resolution and Brownfield Plan to City. The Chair of the Authority is directed to deliver a certified copy of this resolution and the Brownfield Plan Amendments to the City Clerk. 4. Disclaimer. By adoption of this resolution and approval of the Brownfield Plan Amendments, the Authority assumes no obligation or liability to the owner, developer or lessor of the Eligible Property for any loss or damage that may result to such persons from the adoption of this resolution and Brownfield Plan Amendments. 5. Work Plan Transmittal. The Chair of the Authority shall be authorized to transmit to the Michigan Strategic Fund, the Michigan Economic Development Corporation and/or the Michigan Department of Environmental Quality, on behalf of the Authority, a final Act 381 Work Plan that has been reviewed and approved by the Authority. 6. Repealer. All resolutions and parts of resolution in conflict with the provisions of this resolution are hereby repealed or amended to the extent of such conflict. AYES: NAYS: RESOLUTION DECLARED ADOPTED. ____________________________ Martha Bottomley, Chair City of Muskegon Brownfield Redevelopment Authority -2- Packet Page 139 I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Board of the City of Muskegon Brownfield Redevelopment Authority, County of Muskegon, State of Michigan, at a regular meeting held on March 14, 2023, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. _____________________________ Martha Bottomley, Chair City of Muskegon Brownfield Redevelopment Authority -3- Packet Page 140 City of Muskegon Brownfield Redevelopment Authority 2nd Amendment to Brownfield Plan Amendment for the Adelaide Pointe Project at 1204 West Western Avenue Muskegon, Michigan Initial Brownfield Plan Amendment Approved by the City of Muskegon October 12, 2021 Brownfield Redevelopment Authority Initial Brownfield Plan Amendment Approved by the City of Muskegon Board of Commissioners October 26, 2021 1st Amendment to Brownfield Plan Amendment Approved by the City of December 13, 2022 Muskegon Brownfield Redevelopment Authority 1st Amendment to Brownfield Plan Amendment Approved by the City of December 13, 2022 Muskegon Board of Commissioners 2nd Amendment to Brownfield Plan Amendment Approved by the City of Muskegon Brownfield Redevelopment Authority 2nd Amendment to Brownfield Plan Amendment Approved by the City of Muskegon Board of Commissioners Prepared with the assistance of: Fishbeck 1515 Arboretum Drive SE Grand Rapids, Michigan 49546 616-464-3876 Packet Page 141 Table of Contents Fishbeck | Page ii 1.0 Introduction ...................................................................................................................................................1 1.1 Proposed Redevelopment and Future Use for the Eligible Property ................................................1 1.2 Eligible Property Information ............................................................................................................2 2.0 Information Required by Section 13(2) of the Statute ...................................................................................2 2.1 Description of Costs to Be Paid for With Tax Increment Revenues ..................................................2 2.2 Summary of Eligible Activities ...........................................................................................................4 2.3 Estimate of Captured Taxable Value and Tax Increment Revenues ..................................................5 2.4 Maximum Amount of Note or Bonded Indebtedness .......................................................................5 2.5 Duration of Brownfield Plan..............................................................................................................5 2.6 Estimated Impact of Tax Increment Financing on Revenues of Taxing Jurisdiction ..........................5 2.7 Legal Description, Property Map, Statement of Qualifying Characteristics and Personal Property..5 2.8 Estimates of Residents and Displacement of Individuals/Families....................................................5 2.9 Plan for Relocation of Displaced Persons..........................................................................................6 2.10 Provisions for Relocation Costs .........................................................................................................6 2.11 Strategy for Compliance with Michigan’s Relocation Assistance Law...............................................6 2.12 Other Material that the Authority or Governing Body Considers Pertinent .....................................6 List of Figures Figure 1 – Location Map Figure 2 – Site Layout Map List of Tables Table 1 – Tax Increment Revenue Capture Table 2 – Tax Increment Revenue Reimbursement Allocation List of Attachments Attachment A Resolution(s) Attachment B Conceptual Renderings Attachment C Environmental Data Tables and Exceedance Map Attachment D Reimbursement Agreement Packet Page 142 March 1, 2023 Fishbeck | Page 1 1.0 Introduction The City of Muskegon Brownfield Redevelopment Authority (the “Authority” or MBRA) was established by the City of Muskegon pursuant to the Brownfield Redevelopment Financing Act, Michigan Public Act 381 of 1996, as amended (“Act 381”). The primary purpose of Act 381 is to encourage the redevelopment of eligible property by providing economic development incentives through tax increment financing for certain eligible properties. On October 26, 2021, the City of Muskegon (the “City”) approved a Brownfield Plan Amendment (BPA) to incorporate 1148 and 1204 West Western Avenue (“Eligible Property”, “Site”, or “Property”) into the City’s existing Brownfield Plan. The BPA detailed redevelopment plans for a five-phase redevelopment at the Eligible Property, including eligible activity costs and related reimbursement through local-only tax increment financing. The 1st Amendment to the BPA was prepared to add state school tax capture for reimbursement of costs related to Michigan Strategic Fund (MSF) eligible activities during the first three immediate phases of redevelopment. This 2nd Amendment to the BPA has been prepared to reflect changes relating to Developer and City-led completion of eligible activities. Previous versions of this Brownfield Plan included eligible activities that would be completed by both the Developer and City. This 2nd Amendment to the BPA documents that all previously approved eligible activities will now be performed by the Developer. Reimbursement of eligible activity costs incurred by the Developer will conform to the provisions of this 2nd Amendment to the BPA and related agreements between the Developer and City (e.g., Development and Reimbursement Agreement). This 2nd Amendment to the BPA does not alter the type or cost of previously approved eligible activities. Future amendments to this amended BPA may be pursued for phases four and five of the development. See Attachment A for copies of amended BPA resolutions. 1.1 Proposed Redevelopment and Future Use for the Eligible Property The Developer, Adelaide Pointe QOZB, LLC, is proposing to redevelop a former industrial site located at 1204 West Western Avenue (1148 & 1204 West Western Avenue are now combined), Muskegon, Michigan. Figures 1 and 2 depict the Eligible Property location and layout. Redevelopment consists of five phases that are anticipated to be completed by 2030. Phases one through three are the focus of this amended BPA. Development phasing is described below: Development Phase Anticipated/Actual Desired/Actual Start Date Completion Date Phase I – Revitalize existing buildings for boat Spring/Summer Spring 2022 storage 2021 Phase II – Construction of marina, mixed-use Spring 2023 Fall/Winter 2024 building, boater services building* Phase III – Construction of 55-unit residential condo Spring 2023 Fall/Winter 2024 building* Phase IV – Construction of hotel and 50 boat Spring 2024 Fall 2027 storage units and warehouse Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2023 2ND AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_REV 3123.DOCX Packet Page 143 March 1, 2023 Fishbeck | Page 2 Phase V – Construction of residential condos Spring 2025 Fall 2030 Phases one through three include revitalizing the existing site structures for boat storage, business offices, and lease space (approx. 218,000 sf); creation of a new 172 slip marina and construction of a new three-story, mixed- use building with ground level retail and office space (approximately 14,700 gross sf), a second-floor restaurant (approximately 3,700 sf), and third floor deck area (approx. 3,700 sf) (the “Project”). The Project will also create an approximately 4,300 sf boater services and a 55 unit 4-story (90,000 gross sf) residential condo building. The Project will create a walkable community that incorporates public access to waterfront activities (e.g., swimming, fishing, boating), inviting greenspace areas, and transient docking. Sustainable development techniques are proposed throughout the Project, including mass timber construction, solar boardwalks and roof systems, electric vehicle charging stations, low-impact development stormwater management, and integrated parking. Total private investment in Phases one through three, not including property acquisition, is approximately $85,000,000. The mixed-use waterfront development will create approximately 100 new jobs (retail, office, restaurant, marina) and provide contractor work for hundreds of temporary construction workers. In addition to environmental activities, this amendment to the BPA includes non-environmental eligible activities necessary to complete the Project. Non-environmental activities will include demolition, lead/asbestos abatement, site preparation and public infrastructure improvements. Public infrastructure improvements will include upgrades to the public utilities (water main, sanitary sewer, and storm sewer), public roadways, marina and solar docks. Site preparation activities will include specialized foundations, clearing and grubbing, dredging, compaction and sub-base preparation, cut and fill, excavation for unstable material, geotechnical engineering, grading/land balancing, relocation of utilities, temporary erosion controls, temporary site control, surveying and staking, architectural and engineering costs and mass grading. 1.2 Eligible Property Information The 35-acre Property is located at the west end of West Western Avenue on the south shore of Muskegon Lake. Since the late 1800s, the Property has been utilized for industrial purposes, primarily a lumberyard followed by foundry operations. Based on a recent Phase II Environmental Site Assessment (ESA), completed in December 2020, these past industrial uses have resulted in widespread contamination across the Property. Known contaminants in the soil with concentrations exceeding Michigan Department of Environment, Great Lakes, and Energy (EGLE) Part 201 Generic Residential Cleanup Criteria (GRCC) include tetrachloroethylene (PCE), arsenic, cadmium, chromium (total), copper, mercury, selenium, silver and zinc. Groundwater contaminants with concentrations identified above Part 201 GRCC consist of benzene, 2-methylnaphthalene, naphthalene, cadmium, chromium (total), copper, lead, mercury, and zinc. The Developer is not a liable party and completed a Baseline Environmental Assessment (BEA) in accordance with Part 201 of the Natural Resources and Environmental Protect Act, 1995 PA 451, as amended (NREPA). Given the known contamination, the Property is a “facility” pursuant to Part 201 of NREPA. As such, it is considered an “eligible property” as defined by the Michigan Redevelopment Financing Act, Act 381 of 1996. The location and layout of the Property are depicted in Figures 1 and 2. Environmental data tables and an exceedance map are provided in Attachment C. 2.0 Information Required by Section 13(2) of the Statute 2.1 Description of Costs to Be Paid for With Tax Increment Revenues Tax increment revenues will be used to reimburse the Developer, for the following eligible activities. Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2023 2ND AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_REV 3123.DOCX Packet Page 144 March 1, 2023 Fishbeck | Page 3 • Pre-approved BEA, documentation of due care, asbestos/lead paint survey, and additional due care assessment • Due care activities • Asbestos, lead paint, and mold abatement • Select building and site demolition • Site preparation • Infrastructure improvements (public) • 15% contingency • Brownfield Plan Amendment • Brownfield Plan Amendment Implementation • Interest The table below provides an eligible activity cost summary for the Project. Summary of Eligible Activity Costs- Developer EGLE EGLE Eligible Activities Estimated Cost Department Specific Activities Pre-Approved Sub-Total $350,000 BEA activities $52,000 Documentation of due care $33,000 Hazardous materials survey (e.g., asbestos, lead paint, etc.) $20,000 Due care assessment $245,000 EGLE Eligible Activities Total Costs $350,000 Interest (5%) $15,354 EGLE Eligible Costs Sub-Total $365,354 Summary of Eligible Activity Costs - Developer MSF Estimated Redevelopment Developer MSF Eligible Activities Total Cost Completion Phase Related Cost Schedule to Activity Public Infrastructure Improvements Sub-Total $14,843,620 $14,843,620 Public Parks (Linear Park, East Peninsula Park, $2,000,000 $2,000,000 2023-2024 Phase II & III Commuter Bike Path) Public Shopper Dock and Public Transient Dock $1,300,000 $1,300,000 2023-2024 Phase II Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2023 2ND AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_REV 3123.DOCX Packet Page 145 March 1, 2023 Fishbeck | Page 4 Marina Basin- (breakwater system/public $4,300,000 $4,300,000 2023-2024 Phase II access path) Solar Powered Docks $500,000 $500,000 2023-2024 Phase II Public Roadways $4,000,000 $4,000,000 2023-2024 Phase II West Western Avenue Reconfiguration- $1,023,620 $1,023,620 2023-2024 Phase II Roadway Water Main $850,000 $850,000 2023-2024 Phase II Sanitary Sewer $600,000 $600,000 2023-2024 Phase II Storm Sewer $270,000 $270,000 2023-2024 Phase II Site Preparation Sub-Total $6,750,000 $6,750,000 Specialized Foundations $905,000 $905,000 2023-2024 Phase II-V Clearing and Grubbing $300,000 $300,000 2023-2024 Phase II & III Dredging $800,000 $800,000 2023-2024 Phase II & III Compaction and Sub-Base Preparation $350,000 $350,000 2023-2024 Phase II & III Cut and Fill $300,000 $300,000 2023-2024 Phase II Excavation for Unstable Material $70,000 $70,000 2023-2024 Phase II & III Fill $850,000 $850,000 2023-2024 Phase II & III Geotechnical Engineering $180,000 $180,000 2023-2024 Phase I, II & III Grading/Land Balancing $1,550,000 $1,550,000 2023-2024 Phase II & III Relocation of Active Utilities $350,000 $350,000 2023-2024 Phase II & III Temporary Erosion Controls $110,000 $110,000 2023-2024 Phase II & III Temporary Facility $165,000 $165,000 2023-2024 Phase II & III Temporary Site Control $195,000 $195,000 2023-2024 Phase II & III Surveying and Staking $125,000 $125,000 2023-2024 Phase II & III Architectural/Engineering Costs Related to $500,000 $500,000 2023-2024 Phase II & III Eligible Activities Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2023 2ND AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_REV 3123.DOCX Packet Page 146 March 1, 2023 Fishbeck | Page 5 MSF Eligible Activities Sub-Total $21,593,620 $21,593,620 Contingency (15 %) $3,239,043 $3,239,043 Phase II-V Interest (5 %)* $7,715,569 $7,715,569 Phase I-V Brownfield Plan and Work Plan Preparation $10,000 $10,000 Phase I Brownfield Plan and Work Plan $10,000 $10,000 Phase I Implementation MSF Eligible Activities Total Costs $32,568,232 $32,568,232 *Interest collected at a 5% rate and capped at less than $8,000,000 LOCAL ONLY ELIGIBLE ACTIVITIES COST SUMMARY (Developer) Local Only Eligible Activities Estimated Cost Department Specific Activities Due Care Sub-Total $3,250,000 Vapor intrusion mitigation $500,000 Soil capping $1,500,000 Dewatering $250,000 Contaminated Soil/Dredge Materials Removal and Disposal $1,000,000 Local Only Department Specific Activities Total Costs $3,250,000 Non-Environmental Activities Asbestos, Lead based Paint and Mold Abatement $250,000 Demolition $500,000 Site Preparation (Sub-total) $3,160,000 Specialized Foundations $1,250,000 Clearing and Grubbing $150,000 Compaction and Sub-Base Preparation $10,000 Geotechnical Engineering $50,000 Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2023 2ND AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_REV 3123.DOCX Packet Page 147 March 1, 2023 Fishbeck | Page 6 Relocation of Active Utilities $100,000 Surveying & Staking $100,000 Architectural/Engineering Costs Related to Eligible Activities $1,500,000 Public Infrastructure (Sub-total) $1,900,000 Solar Powered Docks (public) $500,000 Community Building/Clubhouse and Pool (Public) $1,400,000 Non-Environmental Local Only Eligible Costs $5,810,000 Contingency (15%) $871,500 Brownfield Plan/Act 381 Workplan Preparation $10,000 Interest (5%)* $2,462,900 Total EGLE and Non-Environmental Local Only Eligible Costs $12,404,400 *5% Interest capture begins after MSF Non-Environmental Costs are reimbursed 2.2 Summary of Eligible Activities Eligible activities as defined by Act 381 and included in this amended BPA consist of the following: Pre-Approved Activities: These activities are permitted to occur prior to amended BPA approval. Preparation of a Phase I ESA, BEA and Documentation of Due Care Compliance were necessary to protect the new Property owner/Developer from liability for environmental contamination. A Hazardous Materials Investigation was conducted to evaluate potential asbestos, lead paint, and other hazardous materials, as required by regulatory agencies prior to select building demolition activities. Due care assessment will be conducted to verify compliance with applicable due care obligations. Pre-approved activities can be reimbursed from state school and local tax increment revenues. Due Care Activities: Due care activities will include implementation of vapor intrusion mitigation systems, as applicable, to prevent unacceptable exposures to potential indoor air inhalation concerns. Soil capping will be completed to protect against direct contact concerns related to known contamination. Contaminated soils/dredge materials which cannot be utilized on the Property will be hauled to an appropriate Type 2 landfill for disposal. During construction activities, dewatering may be necessary. Contaminated groundwater will be properly managed to comply with due care. Due care costs will include environmental oversight and management. Asbestos, Lead Paint, and Mold Abatement: Prior to select building demolition activities, asbestos, lead paint, and mold were abated, as applicable, in accordance with applicable regulatory guidelines. Demolition: Select building and Site demolition will be necessary to facilitate safe redevelopment and reuse of the Property. Site Preparation: Site preparation is expected to include specialized foundations due to unsuitable urban fill material across the Site, clearing and grubbing in preparation for redevelopment, dredging, compaction and sub- Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2023 2ND AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_REV 3123.DOCX Packet Page 148 March 1, 2023 Fishbeck | Page 7 base preparation, cut and fill, excavation for unstable material, fill, geotechnical engineering, grading, land balancing, relocation of active utilities, temporary erosion control, temporary facility, temporary site control, surveying, staking, and appropriate associated professional engineering/architectural fees related to the eligible activities. All the site preparation activities are necessary to support the redevelopment. Public Infrastructure Improvements: Public Infrastructure improvements will be made by the Developer in the public right-of-way and on publicly accessible land as outlined in the signed Cooperative Use Agreement between the City of Muskegon and AP dated September 13, 2022. Public infrastructure activities, including public parks (Linear Park, East Peninsula Park and the commuter bike path), public roadways (Adelaide Avenue), West Western Avenue reconstruction, public/transient shopper and dockage and dock slips, new and upgraded water main, sanitary sewer and storm sewer utilities, solar power infrastructure for the public shopper and transient dockage and marina upgrades including the breakwater with public access path. Amended BPA Preparation: This amended BPA was required for authorization of reimbursement to the Developer, as applicable, from tax increment revenues under Public Act 381 of 1996, as amended. Amended BPA Implementation: Tracking, submittal, review of invoices for reimbursement, plan compliance, and data reporting will be conducted. Contingency: A 15% contingency is included for those activities not already completed. Interest: A 5% interest on unreimbursed eligible activities is included. 2.3 Estimate of Captured Taxable Value and Tax Increment Revenues The base year of this amended BPA is 2021, as established in the approved BPA. The 2021 taxable value of the eligible property was $903,810. After completion of the development (Phases one, two and three), the taxable value is estimated at $42,875,000. This amended BPA assumes a 1.0% annual increase in the taxable value of the Eligible Property. Initial capture is anticipated to begin in 2023. The estimated captured taxable value for the redevelopment by year and in aggregate for each taxing jurisdiction is depicted in tabular form (Table 1: Tax Increment Revenue Capture). Actual taxable values and tax increment revenues may vary year to year based on economic and market conditions, tax incentives, building additions, and property improvements, among other factors. A summary of the estimated reimbursement schedule by year and in aggregate is presented as Table 2: Tax Increment Revenue Reimbursement Allocation. Method of Financing and Description of Advances Made by the Municipality The cost of the eligible activities included in this amended BPA will be paid for by the Developer. The Developer will seek reimbursement for eligible activity costs through capture of available local and state (as applicable) school tax increment revenues as permitted by Act 381. Additionally, as necessary personal property taxes may be utilized as well for reimbursement. Refer to Attachment D for a copy of the Reimbursement Agreement. 2.4 Maximum Amount of Note or Bonded Indebtedness This 2nd Amendment to the BPA does not include a City note or bonded indebtedness. The Developer will be responsible for the cost of eligible activities. 2.5 Duration of Brownfield Plan Capture of tax increment revenues for the Developer reimbursement are anticipated to commence in 2023 and end in 2046. It is projected that the amended BPA will extend 29 years, which assumes five years of additional capture of tax increment revenues for deposit into a Local Brownfield Revolving Fund, if available. Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2023 2ND AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_REV 3123.DOCX Packet Page 149 March 1, 2023 Fishbeck | Page 8 2.6 Estimated Impact of Tax Increment Financing on Revenues of Taxing Jurisdiction The estimated amount of tax increment revenues to be captured for this redevelopment from each taxing jurisdiction by year and in aggregate is presented in Tables 1 and 2. 2.7 Legal Description, Property Map, Statement of Qualifying Characteristics and Personal Property • The legal description is as follows: 1204 W. Western Avenue CITY OF MUSKEGON PART OF SECTION 25 T10N R17W PRT OF BLKS 578-580 DESC AS FOLS COM AT SE COR LOT 4 BLK 577 TH S 88D 15M W ALG SLY LN SD BLK 577 EXTND (ALSO BEING NLY LN WESTERN AVE) 847.15 FT FOR POB TH N 01D 56M 50S W 256.10 FT TH N 31D 37M 35S E 47 FT TH N 55D 15M 15S E 89.20 FT TH N 35D 54M 50S W 127.65 FT TH N 02D 52M 10S W 553 FT TH S 55D 13 M W 243 FT TH N 34D 47M W 330 FT M/L TO SHORE OF MUSKEGON LAKE REFERRED TO AS PT B TH RECOM AT POB TH S 88D 15M W ALG NLY LN WESTERN AVE 18.65 FT TH SWLY ALG SD NLY LN WESTERN AVE ALG ARC OF A 430.61 FT RAD CURVE TO LT 158.33 FT (LC SD CURVE BEARS S 77D 43M 00S W 157.44 FT & CENTRAL ANG SD CURVE IS 21D 04M 00) TO WLY LN NELY 200 FT OF SD BLK 580 TH N 35D 2M 10S W ALG SD WLY LN SD NELY 200 FT DIST 850 FT M/L TO SHORE OF MUSKEGON LAKE REFERRED TO AS PT C TH NWLY SELY & NELY ALG SHORE OF MUSKEGON LAKE 1300 FT M/L FROM SD PT C TO SD PT B EXC THAT PRT OF ABOVE DESC PARCEL THAT LIES WITHIN THE CHESAPEAKE & OHIO RR ROW EXC THAT PART TAKEN BY THE CITY OF MUSKEGON FOR THE LAKESHORE TRAIL BIKE PATH DESC AS THAT PART OF BLKS 578 & 580 DESC AS COM @ SE COR LOT 4 BLK 577 TH S 88D 40M 42S W ALG N ROW LN WESTERN AVE 847.60 FT TH N 01D 31M 57S W 256.10 FT TH N 32D 02M 28S E 47 FT TH N 55D 40M 08S E 89.20 FT TH N 35D 29M 57S W 127.65 FT TH N 02D 27M 17S W 553 FT TH S 55D 37M 53S W 243 FT TH N 34D 22M 07S W 235.92 FT TO POB TH S 50D 44M 04S W 329.75 FT TH S 20D 19M 09S W 96.30 FT TH S 23D 53M 54S E 405.55 FT TH N 34D 34M 00S W ALG NE LN LAKESHORE YACHT HARBOUR 86.43 FT TH N 23D 53M 54S W 327.11 FT TH N 20D 19M 09S E 107.14 FT TH N 50D 44M 04S E 335.70 FT TH S 33D 32M 57S E 16.08 FT TO POB TAKEN FOR LAKESHORE TRAIL BIKE PATH ACROSS SD PROPERTY AND COM AT SE COR LOT 4 BLK 577 FOR POB TH N 1 DEG 41 MIN W 158.40 FT TH N 76 DEG 43 MIN W 103.55 FT TH NWLY ON THE ARC OF A 492.47 FT RAD CURVE TO THE RT 110.31 FT (LONG CORD BEARS N 70D 18M W 110.07 FT CENTRAL ANGLE IS 12D 50M 00S) TH N 63 DEG 53 MIN W 67 FT TH N 2 DEG 4 MIN W 33.8 FT TO RR R/W TH CON'T N 2 DEG 4 MIN W 367.7 FT TH N 37 DEG W 730 FT TH N 48 DEG W 600 FT M/L TO MUSKEGON LAKE TO A PT A RECOM AT POB TH S 88 DEG 15 MIN W 847.15 FT TH N 1 DEG 56 MIN 50 SEC W 256.1 FT TH N 31 DEG 37 MIN 35 SEC E 47 FT TH N 55 DEG 15 MIN 15 SEC E 89.2 FT TH N 35 DEG 54 MIN 50 SEC W 127.65 FT TH N 2 DEG 52 MIN 10 SEC W 553 FT TH S 55 DEG 13 MIN W 243 FT TH N 34 DEG 47 MIN W 330 FT M/L TO THE SHORE OF MUSKEGON LAKE TO A PT REFERRED TO AS PT B TH WLY ALG SHORE LN 1500 FT M/L TO SD PT A EXC THAT PART LYING WITHIN C&O RR R/W RECORDED IN L 702 P 134 ALSO EXC COM AT SW COR LOT 4 BLK 574 FOR POB TH WLY ALG WESTERN AVE 20.5 FT TO SE COR LOT 5 TH NLY TO SLY LN C&O RR R/W TH SELY ALG SLY LN OF SD R/W TO NW COR LOT 3 BLK 577 TH S ALG W LN LOT 3 TO NE COR LOT 4 TH WLY ALG NLY LN LOT 4 40 FT TO NW COR SD LOT TH SLY ALG W LN TO POB EXC THAT PART OF BLK 578 DESCRIBED AS COM AT THE SE COR OF LOT 4 BLK 577 TH S 88D 40M 42S W ALG N R-O-W LINE OF WESTERN AVE 847.60 FT TH N 01D 31M 57S W 256.10 FT TH N 32 D 02M 28S E 47 FT TH N 55D 40M 08S E 89.20 FT TH N 35D 29M 57S W 127.65 FT TH N 02D 27M 17S W Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2023 2ND AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_REV 3123.DOCX Packet Page 150 March 1, 2023 Fishbeck | Page 9 553 FT TH S 55D 37M 53S W 243 FT TH N 34D 22M 07S W 235.92 FT TO POB TH N 33D 32M 57S W 16.08FT TH N 62D 10M 01S E 211.19 FT TH S 87D 42M 46S E 126.81 FT TH N 71D 39M 34S E 169.45 FT TH S 53D 57M 29S E 104.89 FT TH S 36D 27M 44S E 604.13 FT TH S 01D 31M 44S E 16 FT TH S 38D 27M 16S W 8.34 FT TH N 36D 27M 44S W 610.01FT TH N 53D 57M 29S W 94.21 FT TH S 71D 39M 34S W 164.14 FT TH N 87D 42M 46S W 125.42 FT TH S 62D 10M 01S W 205.29 FT TO POB • The Property layout is depicted on Figure 2. • The Property is considered an “eligible property” as defined by Act 381 because the Property is a facility pursuant to Part 201. Facility verification is included in Attachment C. • New personal property added to the Property is included as part of the Eligible Property to the extent it is taxable. 2.8 Estimates of Residents and Displacement of Individuals/Families No residents or families will be displaced because of the Project. 2.9 Plan for Relocation of Displaced Persons Not applicable. 2.10 Provisions for Relocation Costs Not applicable. 2.11 Strategy for Compliance with Michigan’s Relocation Assistance Law Not applicable. 2.12 Other Material that the Authority or Governing Body Considers Pertinent The Project will significantly improve the Muskegon Lake shoreline through revitalization of Property once used for industrial purposes. Existing structures will be revitalized, and environmental exposure risks mitigated. A new marina with transient boat slips will provide local citizens and tourists with opportunities to access the vibrant Muskegon downtown and other nearby recreational activities. Construction of new boat storage and residential condominiums will expand Muskegon Lake access and increase long-term tax revenues for the City of Muskegon and the State of Michigan. The Development will also create numerous job opportunities for the community. Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2023 2ND AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_REV 3123.DOCX Packet Page 151 Figure 1 Location Map Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2022 AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2022_1128.DOCX Packet Page 152 VICINITY MAP MICHIGAN CITY OF MUSKEGON _ ^ MUSKEGON COUNTY Hard copy is intended to be 8.5"x11" when plotted. Scale(s) indicated and graphic quality may not be accurate for any other size. 1148 & 1204 West Western Ave., Muskegon, Muskegon County MI 49441 Leesta Management, LLC Baseline Environmental Assessment SITE PLOT INFO: Z:\2020\201515\CAD\GIS\mapdoc\FIG01_LocationMap.mxd Date: 5/25/2021 1:59:36 PM User: bahannah PROJECT NO. 201515 LOCATION MAP FIGURE NO. FEET Packet Page 153 NORTH 0 1,000 2,000 © OpenStreetMap (and) contributors, CC-BY-SA 1 ©Copyright 2021 All Rights Reserved Figure 2 Site Layout Map Packet Page 154 LEGEND Approximate Property Boundary Hard copy is intended to be 8.5"x11" when plotted. Scale(s) indicated and graphic quality may not be accurate for any other size. 1148 & 1204 West Western Ave., Muskegon, Muskegon County MI 49441 Leesta Management, LLC Baseline Environmental Assessment PLOT INFO: Z:\2020\201515\CAD\GIS\mapdoc\FIG03_SiteMap.mxd Date: 5/25/2021 2:03:18 PM User: bahannah PROJECT NO. 201515 SITE MAP Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus FIGURE NO. DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community, Esri, HERE, Garmin, (c) OpenStreetMap contributors, Esri, HERE, FEET Garmin, (c) OpenStreetMap community NORTH 0 and the150 contributors, GIS user300 2 Packet Page 155 ©Copyright 2021 All Rights Reserved Table 1 Tax Increment Revenue Capture Packet Page 156 Table 1 - Estimate of Total Incremental Taxes Available for Capture 1 of 3 1148 and 1204 West Western Avenue, Muskegon, Muskegon County, Michigan Estimated Taxable Value (TV) Increase Rate: 1% Plan Year 0 1 2 3 4 5 6 7 8 9 10 Calendar Year 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Base Taxable Value $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 Estimated New TV $ - $ 1,750,000 $14,875,000 $42,875,000 $43,303,750 $43,736,788 $44,174,155 $44,615,897 $ 45,062,056 $ 45,512,676 $ 45,967,803 Incremental Difference (New TV - Base TV)1 $ - $ 846,190 $ 13,971,190 $ 41,971,190 $ 42,399,940 $ 42,832,978 $ 43,270,345 $ 43,712,087 $ 44,158,246 $ 44,608,866 $ 45,063,993 School Capture Millage Rate State Education Tax (SET) 6.00000 $ - $ - $ 83,827 $ 251,827 $ 254,400 $ 256,998 $ 259,622 $ 262,273 $ 264,949 $ 267,653 $ 270,384 School Operating Tax 17.98380 $ - $ - $ 251,255 $ 754,801 $ 762,512 $ 770,300 $ 778,165 $ 786,109 $ 794,133 $ 802,237 $ 810,422 School Total 23.9838 $ - $ - $ 335,082 $ 1,006,629 $ 1,016,912 $ 1,027,298 $ 1,037,787 $ 1,048,382 $ 1,059,083 $ 1,069,890 $ 1,080,806 Local Capture Millage Rate County Museum 0.32200 $ - $ - $ 4,499 $ 13,515 $ 13,653 $ 13,792 $ 13,933 $ 14,075 $ 14,219 $ 14,364 $ 14,511 County Veterans 0.07150 $ - $ - $ 999 $ 3,001 $ 3,032 $ 3,063 $ 3,094 $ 3,125 $ 3,157 $ 3,190 $ 3,222 Senior Citzens Services 0.49990 $ - $ - $ 6,984 $ 20,981 $ 21,196 $ 21,412 $ 21,631 $ 21,852 $ 22,075 $ 22,300 $ 22,527 Central Dispatch 0.29999 $ - $ - $ 4,191 $ 12,591 $ 12,720 $ 12,849 $ 12,981 $ 13,113 $ 13,247 $ 13,382 $ 13,519 Community College 2.20340 $ - $ - $ 30,784 $ 92,479 $ 93,424 $ 94,378 $ 95,342 $ 96,315 $ 97,298 $ 98,291 $ 99,294 M.A.I.S.D 4.75410 $ - $ - $ 66,420 $ 199,535 $ 201,574 $ 203,632 $ 205,712 $ 207,812 $ 209,933 $ 212,075 $ 214,239 City Operating 10.07540 $ - $ - $ 140,765 $ 422,877 $ 427,196 $ 431,559 $ 435,966 $ 440,417 $ 444,912 $ 449,452 $ 454,038 City Sanitation 2.99790 $ - $ - $ 41,884 $ 125,825 $ 127,111 $ 128,409 $ 129,720 $ 131,044 $ 132,382 $ 133,733 $ 135,097 Hackley Library 2.39970 $ - $ - $ 33,527 $ 100,718 $ 101,747 $ 102,786 $ 103,836 $ 104,896 $ 105,967 $ 107,048 $ 108,140 MPS Sinking 0.99810 $ - $ - $ 13,945 $ 41,891 $ 42,319 $ 42,752 $ 43,188 $ 43,629 $ 44,074 $ 44,524 $ 44,978 County Operating 5.69780 $ - $ - $ 79,605 $ 239,143 $ 241,586 $ 244,054 $ 246,546 $ 249,063 $ 251,605 $ 254,172 $ 256,766 Local Total 30.3198 $ - $ - $ 423,604 $ 1,272,558 $ 1,285,557 $ 1,298,687 $ 1,311,948 $ 1,325,341 $ 1,338,869 $ 1,352,531 $ 1,366,331 Non-Capturable Millages Millage Rate Community College Debt 0.34000 $ - $ - $ 4,750 $ 14,270 $ 14,416 $ 14,563 $ 14,712 $ 14,862 $ 15,014 $ 15,167 $ 15,322 Hackley Debt 0.45320 $ - $ - $ 6,332 $ 19,021 $ 19,216 $ 19,412 $ 19,610 $ 19,810 $ 20,013 $ 20,217 $ 20,423 MPS Debt - 1995 3.86000 $ - $ - $ 53,929 $ 162,009 $ 163,664 $ 165,335 $ 167,024 $ 168,729 $ 170,451 $ 172,190 $ 173,947 MPS Debt - 2009 3.50000 $ - $ 48,899 $ 146,899 $ 148,400 $ 149,915 $ 151,446 $ 152,992 $ 154,554 $ 156,131 $ 157,724 Total Non-Capturable Taxes 8.1532 $ - $ - $ 113,910 $ 342,200 $ 345,695 $ 349,226 $ 352,792 $ 356,393 $ 360,031 $ 363,705 $ 367,416 1 Assumes 1% annual increase for inflation Total Tax Increment Revenue (TIR) Available for Capture $ - $ - $ 758,686 $ 2,279,186 $ 2,302,469 $ 2,325,984 $ 2,349,735 $ 2,373,723 $ 2,397,951 $ 2,422,422 $ 2,447,137 Notes- Table 2 assumes incremental annual investment with project completion in 2025. For the purpose of Table 2 the new taxable value is estimated based on 50% of a total overall investment of $85,000,000 Packet Page 157 Z:\2020\201515\WORK\Rept\Brownfield Plan Amendment\2023 2nd Amendment\TB 1 TBL02 and TBL03_TIF_ Adelaide rev 22823.xlsx Table 1 - Estimate of Total Incremental Taxes Available for Capture 2 of 3 1148 and 1204 West Western Avenue, Muskegon, Muskegon County, Michigan Estimated Taxable Value (TV) Increase Rate: Plan Year 11 12 13 14 15 16 17 18 19 20 21 22 Calendar Year 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 Base Taxable Value $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 Estimated New TV $ 46,427,481 $ 46,891,756 $ 47,360,674 $ 47,834,280 $ 48,312,623 $ 48,795,749 $ 49,283,707 $ 49,776,544 $ 50,274,309 $ 50,777,052 $ 51,284,823 $ 51,797,671 Incremental Difference (New TV - Base TV)1 $ 45,523,671 $ 45,987,946 $ 46,456,864 $ 46,930,470 $ 47,408,813 $ 47,891,939 $ 48,379,897 $ 48,872,734 $ 49,370,499 $ 49,873,242 $ 50,381,013 $ 50,893,861 School Capture Millage Rate State Education Tax (SET) 6.00000 $ 273,142 $ 275,928 $ 278,741 $ 281,583 $ 284,453 $ 287,352 $ 290,279 $ 293,236 $ 296,223 $ 299,239 $ 302,286 $ 305,363 School Operating Tax 17.98380 $ 818,689 $ 827,038 $ 835,471 $ 843,988 $ 852,591 $ 861,279 $ 870,054 $ 878,917 $ 887,869 $ 896,910 $ 906,042 $ 915,265 School Total 23.9838 $ 1,091,831 $ 1,102,966 $ 1,114,212 $ 1,125,571 $ 1,137,043 $ 1,148,631 $ 1,160,334 $ 1,172,154 $ 1,184,092 $ 1,196,150 $ 1,208,328 $ 1,220,628 Local Capture Millage Rate County Museum 0.32200 $ 14,659 $ 14,808 $ 14,959 $ 15,112 $ 15,266 $ 15,421 $ 15,578 $ 15,737 $ 15,897 $ 16,059 $ 16,223 $ 16,388 County Veterans 0.07150 $ 3,255 $ 3,288 $ 3,322 $ 3,356 $ 3,390 $ 3,424 $ 3,459 $ 3,494 $ 3,530 $ 3,566 $ 3,602 $ 3,639 Senior Citzens Services 0.49990 $ 22,757 $ 22,989 $ 23,224 $ 23,461 $ 23,700 $ 23,941 $ 24,185 $ 24,431 $ 24,680 $ 24,932 $ 25,185 $ 25,442 Central Dispatch 0.29999 $ 13,657 $ 13,796 $ 13,937 $ 14,079 $ 14,222 $ 14,367 $ 14,513 $ 14,661 $ 14,811 $ 14,961 $ 15,114 $ 15,268 Community College 2.20340 $ 100,307 $ 101,330 $ 102,363 $ 103,407 $ 104,461 $ 105,525 $ 106,600 $ 107,686 $ 108,783 $ 109,891 $ 111,010 $ 112,140 M.A.I.S.D 4.75410 $ 216,424 $ 218,631 $ 220,861 $ 223,112 $ 225,386 $ 227,683 $ 230,003 $ 232,346 $ 234,712 $ 237,102 $ 239,516 $ 241,955 City Operating 10.07540 $ 458,669 $ 463,347 $ 468,071 $ 472,843 $ 477,663 $ 482,530 $ 487,447 $ 492,412 $ 497,428 $ 502,493 $ 507,609 $ 512,776 City Sanitation 2.99790 $ 136,475 $ 137,867 $ 139,273 $ 140,693 $ 142,127 $ 143,575 $ 145,038 $ 146,516 $ 148,008 $ 149,515 $ 151,037 $ 152,575 Hackley Library 2.39970 $ 109,243 $ 110,357 $ 111,483 $ 112,619 $ 113,767 $ 114,926 $ 116,097 $ 117,280 $ 118,474 $ 119,681 $ 120,899 $ 122,130 MPS Sinking 0.99810 $ 45,437 $ 45,901 $ 46,369 $ 46,841 $ 47,319 $ 47,801 $ 48,288 $ 48,780 $ 49,277 $ 49,778 $ 50,285 $ 50,797 County Operating 5.69780 $ 259,385 $ 262,030 $ 264,702 $ 267,400 $ 270,126 $ 272,879 $ 275,659 $ 278,467 $ 281,303 $ 284,168 $ 287,061 $ 289,983 Local Total 30.3198 $ 1,380,268 $ 1,394,345 $ 1,408,562 $ 1,422,922 $ 1,437,425 $ 1,452,074 $ 1,466,868 $ 1,481,811 $ 1,496,903 $ 1,512,146 $ 1,527,542 $ 1,543,091 Non-Capturable Millages Millage Rate Community College Debt 0.34000 $ 15,478 $ 15,636 $ 15,795 $ 15,956 $ 16,119 $ 16,283 $ 16,449 $ 16,617 $ 16,786 $ 16,957 $ 17,130 $ 17,304 Hackley Debt 0.45320 $ 20,631 $ 20,842 $ 21,054 $ 21,269 $ 21,486 $ 21,705 $ 21,926 $ 22,149 $ 22,375 $ 22,603 $ 22,833 $ 23,065 MPS Debt - 1995 3.86000 $ 175,721 $ 177,513 $ 179,323 $ 181,152 $ 182,998 $ 184,863 $ 186,746 $ 188,649 $ 190,570 $ 192,511 $ 194,471 $ 196,450 MPS Debt - 2009 3.50000 $ 159,333 $ 160,958 $ 162,599 $ 164,257 $ 165,931 $ 167,622 $ 169,330 $ 171,055 $ 172,797 $ 174,556 $ 176,334 $ 178,129 Total Non-Capturable Taxes 8.1532 $ 371,164 $ 374,949 $ 378,772 $ 382,634 $ 386,534 $ 390,473 $ 394,451 $ 398,469 $ 402,528 $ 406,627 $ 410,766 $ 414,948 1 Assumes 1% annual increase for inflation Total Tax Increment Revenue (TIR) Available for Capture $ 2,472,099 $ 2,497,311 $ 2,522,774 $ 2,548,493 $ 2,574,469 $ 2,600,704 $ 2,627,202 $ 2,653,965 $ 2,680,995 $ 2,708,296 $ 2,735,870 $ 2,763,719 Notes- Table 2 assumes incremental annual investment with project completion in 2025. For the purpose of Table 2 the new taxable value is estimated based on 50% of a total overall investment of $85,000,000 Packet Page 158 Z:\2020\201515\WORK\Rept\Brownfield Plan Amendment\2023 2nd Amendment\TB 1 TBL02 and TBL03_TIF_ Adelaide rev 22823.xlsx Table 1 - Estimate of Total Incremental Taxes Available for Capture 3 of 3 1148 and 1204 West Western Avenue, Muskegon, Muskegon County, Michigan Estimated Taxable Value (TV) Increase Rate: Plan Year 23 24 25 26 27 28 29 30 TOTAL Calendar Year 2044 2045 2046 2047 2048 2049 2050 2051 Base Taxable Value $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ 903,810 $ - Estimated New TV $ 52,315,648 $ 52,838,804 $ 53,367,192 $ 53,900,864 $ 54,439,873 $ 54,984,272 $ 55,534,115 $ 56,089,456 $ - Incremental Difference (New TV - Base TV)1 $ 51,411,838 $ 51,934,994 $ 52,463,382 $ 52,997,054 $ 53,536,063 $ 54,080,462 $ 54,630,305 $ 55,185,646 $ - School Capture Millage Rate State Education Tax (SET) 6.00000 $ 308,471 $ 311,610 $ 314,780 $ 317,982 $ 321,216 $ 324,483 $ 327,782 $ 331,114 $ 8,197,197 School Operating Tax 17.98380 $ 924,580 $ 933,989 $ 943,491 $ 953,088 $ 962,782 $ 972,572 $ 982,460 $ 992,448 $ 24,569,459 School Total 23.9838 $ 1,233,051 $ 1,245,599 $ 1,258,271 $ 1,271,071 $ 1,283,998 $ 1,297,055 $ 1,310,242 $ 1,323,561 $ 32,766,656 Local Capture Millage Rate County Museum 0.32200 $ 16,555 $ 16,723 $ 16,893 $ 17,065 $ 17,239 $ 17,414 $ 17,591 $ 17,770 $ 439,916 County Veterans 0.07150 $ 3,676 $ 3,713 $ 3,751 $ 3,789 $ 3,828 $ 3,867 $ 3,906 $ 3,946 $ 97,683 Senior Citzens Services 0.49990 $ 25,701 $ 25,962 $ 26,226 $ 26,493 $ 26,763 $ 27,035 $ 27,310 $ 27,587 $ 682,963 Central Dispatch 0.29999 $ 15,423 $ 15,580 $ 15,738 $ 15,899 $ 16,060 $ 16,224 $ 16,389 $ 16,555 $ 409,846 Community College 2.20340 $ 113,281 $ 114,434 $ 115,598 $ 116,774 $ 117,961 $ 119,161 $ 120,372 $ 121,596 $ 3,010,284 M.A.I.S.D 4.75410 $ 244,417 $ 246,904 $ 249,416 $ 251,953 $ 254,516 $ 257,104 $ 259,718 $ 262,358 $ 6,495,049 City Operating 10.07540 $ 517,995 $ 523,266 $ 528,590 $ 533,967 $ 539,397 $ 544,882 $ 550,422 $ 556,017 $ 13,765,007 City Sanitation 2.99790 $ 154,128 $ 155,696 $ 157,280 $ 158,880 $ 160,496 $ 162,128 $ 163,776 $ 165,441 $ 4,095,730 Hackley Library 2.39970 $ 123,373 $ 124,628 $ 125,896 $ 127,177 $ 128,470 $ 129,777 $ 131,096 $ 132,429 $ 3,278,469 MPS Sinking 0.99810 $ 51,314 $ 51,836 $ 52,364 $ 52,896 $ 53,434 $ 53,978 $ 54,527 $ 55,081 $ 1,363,604 County Operating 5.69780 $ 292,934 $ 295,915 $ 298,926 $ 301,967 $ 305,038 $ 308,140 $ 311,273 $ 314,437 $ 7,784,332 Local Total 30.3198 $ 1,558,796 $ 1,574,658 $ 1,590,679 $ 1,606,860 $ 1,623,202 $ 1,639,708 $ 1,656,379 $ 1,673,217 $ 41,422,883 Non-Capturable Millages Millage Rate Community College Debt 0.34000 $ 17,480 $ 17,658 $ 17,838 $ 18,019 $ 18,202 $ 18,387 $ 18,574 $ 18,763 $ 464,508 Hackley Debt 0.45320 $ 23,300 $ 23,537 $ 23,776 $ 24,018 $ 24,263 $ 24,509 $ 24,758 $ 25,010 $ 619,162 MPS Debt - 1995 3.86000 $ 198,450 $ 200,469 $ 202,509 $ 204,569 $ 206,649 $ 208,751 $ 210,873 $ 213,017 $ 5,273,530 MPS Debt - 2009 3.50000 $ 179,941 $ 181,772 $ 183,622 $ 185,490 $ 187,376 $ 189,282 $ 191,206 $ 193,150 $ 4,781,698 Total Non-Capturable Taxes 8.1532 $ 419,171 $ 423,436 $ 427,744 $ 432,096 $ 436,490 $ 440,929 $ 445,412 $ 449,940 $ 11,138,898 1 Assumes 1% annual increase for inflation Total Tax Increment Revenue (TIR) Available for Capture $ 2,791,847 $ 2,820,257 $ 2,848,950 $ 2,877,930 $ 2,907,200 $ 2,936,763 $ 2,966,622 $ 2,996,779 $ 74,189,539 Notes- Table 2 assumes incremental annual investment with project completion in 2025. For the purpose of Table 2 the new taxable value is estimated based on 50% of a total overall investment of $85,000,000 Packet Page 159 Z:\2020\201515\WORK\Rept\Brownfield Plan Amendment\2023 2nd Amendment\TB 1 TBL02 and TBL03_TIF_ Adelaide rev 22823.xlsx Table 2 Tax Increment Revenue Reimbursement Allocation Packet Page 160 Table 2 - Estimate of Total Incremental Taxes Available for Reimbursement 1 of 1 1148 1204 West Western Avenue, Muskegon, Muskegon County, Michigan Developer Proportionality Maximum School & Reimbursement Local Taxes Estimated Developer Capture $ 45,337,986 44.1% State $ 13,953,983 $ 0 Estimated City of Muskegon Capture $ - 55.9% Local 31,384,003 Estimated Years of Capture: 29 years BRA Administrative Fee $ 290,000 TOTAL $ 45,337,986 State Brownfield Redevelopment Fund $ 4,098,599 EGLE $ 365,354 Local Brownfield Revolving Fund $ 11,967,816 MSF $32,568,232 Local Only $ 12,404,400 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 TOTAL Total State Incremental Revenue $ - $ - $ 335,082 $ 1,006,629 $ 1,016,912 $ 1,027,298 $ 1,037,787 $ 1,048,382 $ 1,059,083 $ 1,069,890 $ 1,080,806 $ 1,091,831 $ 1,102,966 $ 1,114,212 $ 1,125,571 $ 1,137,043 $ 1,148,631 $ 1,160,334 $ 1,172,154 $ 1,184,092 $ 1,196,150 $ 1,208,328 $ 1,220,628 $ 1,233,051 $ 1,245,599 $ 1,258,271 $ 1,271,071 $ 1,283,998 $ 1,297,055 $ 1,310,242 $ 1,323,561 $ 32,766,656 State Brownfield Redevelopment Fund (50% of SET) $ - $ - $ 41,914 $ 125,914 $ 127,200 $ 128,499 $ 129,811 $ 131,136 $ 132,475 $ 133,827 $ 135,192 $ 136,571 $ 137,964 $ 139,371 $ 140,791 $ 142,226 $ 143,676 $ 145,140 $ 146,618 $ 148,111 $ 149,620 $ 151,143 $ 152,682 $ 154,236 $ 155,805 $ 157,390 $ 158,991 $ 160,608 $ 162,241 $ 163,891 $ 165,557 $ 4,098,599 State TIR Available for Reimbursement $ - $ - $ 293,169 $ 880,715 $ 889,712 $ 898,799 $ 907,976 $ 917,246 $ 926,608 $ 936,064 $ 945,614 $ 955,260 $ 965,002 $ 974,842 $ 984,780 $ 994,817 $ 1,004,955 $ 1,015,194 $ 1,025,536 $ 1,035,981 $ 1,046,530 $ 1,057,185 $ 1,067,947 $ 1,078,816 $ 1,089,794 $ 1,100,881 $ 1,112,080 $ 1,123,390 $ 1,134,814 $ 1,146,351 $ 1,158,005 $ 28,668,058 Total Local Incremental Revenue $ - $ - $ 423,604 $ 1,272,558 $ 1,285,557 $ 1,298,687 $ 1,311,948 $ 1,325,341 $ 1,338,869 $ 1,352,531 $ 1,366,331 $ 1,380,268 $ 1,394,345 $ 1,408,562 $ 1,422,922 $ 1,437,425 $ 1,452,074 $ 1,466,868 $ 1,481,811 $ 1,496,903 $ 1,512,146 $ 1,527,542 $ 1,543,091 $ 1,558,796 $ 1,574,658 $ 1,590,679 $ 1,606,860 $ 1,623,202 $ 1,639,708 $ 1,656,379 $ 1,673,217 $ 41,422,883 BRA Administrative Fee $ - $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 290,000 Local TIR Available for Reimbursement $ - $ - $ 413,604 $ 1,262,558 $ 1,275,557 $ 1,288,687 $ 1,301,948 $ 1,315,341 $ 1,328,869 $ 1,342,531 $ 1,356,331 $ 1,370,268 $ 1,384,345 $ 1,398,562 $ 1,412,922 $ 1,427,425 $ 1,442,074 $ 1,456,868 $ 1,471,811 $ 1,486,903 $ 1,502,146 $ 1,517,542 $ 1,533,091 $ 1,548,796 $ 1,564,658 $ 1,580,679 $ 1,596,860 $ 1,613,202 $ 1,629,708 $ 1,646,379 $ 1,663,217 $ 41,132,883 Total State & Local TIR Available $ - $ - $ 706,772 $ 2,143,273 $ 2,165,269 $ 2,187,486 $ 2,209,924 $ 2,232,587 $ 2,255,477 $ 2,278,595 $ 2,301,945 $ 2,325,528 $ 2,349,347 $ 2,373,404 $ 2,397,702 $ 2,422,242 $ 2,447,028 $ 2,472,062 $ 2,497,347 $ 2,522,884 $ 2,548,676 $ 2,574,727 $ 2,601,038 $ 2,627,612 $ 2,654,452 $ 2,681,560 $ 2,708,939 $ 2,736,592 $ 2,764,522 $ 2,792,731 $ 2,821,222 $ 69,800,941 Beginning DEVELOPER Balance Developer Reimbursement Balance $ 45,337,986 $ - $ 13,640,735 $ 24,906,510 $ 36,503,115 $ 35,826,374 $ 34,755,285 $ 36,266,681 $ 34,034,094 $ 31,778,617 $ 29,500,022 $ 27,198,077 $ 24,872,550 $ 22,523,203 $ 20,149,799 $ 17,752,097 $ 15,329,855 $ 12,882,827 $ 11,425,958 $ 9,954,147 $ 8,467,244 $ 6,965,098 $ 5,447,556 $ 3,914,465 $ 2,365,669 $ 801,011 $ - $ - $ - $ - $ - $ - Pre-Approved Environmental Costs $ 365,354 $ - $ 365,354 $ 365,354 $ - State Tax Reimbursement $ 293,169 $ - $ 293,169 $ - $ 293,169 Local Tax Reimbursement $ 72,185 $ - $ 72,185 $ - $ 72,185 Interest (5%) $ 18,268 $ - $ 18,268 $ - $ - $ 18,268 Total EGLE Reimbursement Balance** $ - $ 365,354 $ - $ - $ - Non Environmental Costs $ 32,568,232 $ - $ 13,027,293 $ 22,797,762 $ 32,568,232 $ 30,424,959 $ 28,259,690 $ 26,072,205 $ 23,862,281 $ 21,629,694 $ 19,374,217 $ 17,095,622 $ 14,793,677 $ 12,468,150 $ 10,118,803 $ 7,745,399 $ 5,347,697 $ 2,925,455 $ 478,427 State Tax Reimbursement $ 13,660,814 $ - $ 880,715 $ 889,712 $ 898,799 $ 907,976 $ 917,246 $ 926,608 $ 936,064 $ 945,614 $ 955,260 $ 965,002 $ 974,842 $ 984,780 $ 994,817 $ 1,004,955 $ 478,427 $ 13,660,814 Local Tax Reimbursement $ 18,907,418 $ - $ - $ 1,262,558 $ 1,275,557 $ 1,288,687 $ 1,301,948 $ 1,315,341 $ 1,328,869 $ 1,342,531 $ 1,356,331 $ 1,370,268 $ 1,384,345 $ 1,398,562 $ 1,412,922 $ 1,427,425 $ 1,442,074 $ - $ 18,907,418 Total Non Environmental Reimbursement Balance** $ - $ 13,027,293 $ 22,797,762 $ 30,424,959 $ 28,259,690 $ 26,072,205 $ 23,862,281 $ 21,629,694 $ 19,374,217 $ 17,095,622 $ 14,793,677 $ 12,468,150 $ 10,118,803 $ 7,745,399 $ 5,347,697 $ 2,925,455 $ 478,427 $ - $ - $ - Local Only Costs $ 12,404,400 $ - $ 248,088 $ 2,108,748 $ 6,078,156 $ 7,566,684 $ 8,683,080 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 11,425,958 $ 9,954,147 $ 8,467,244 $ 6,965,098 $ 5,447,556 $ 3,914,465 $ 2,365,669 $ 801,011 Local Tax Reimbursement $ 12,404,400 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 978,442 $ 1,471,811 $ 1,486,903 $ 1,502,146 $ 1,517,542 $ 1,533,091 $ 1,548,796 $ 1,564,658 $ 801,011 $ 12,404,400 Interest (5%) $ 2,467,057 $ - $ 571,298 $ 497,707 $ 423,362 $ 348,255 $ 272,378 $ 195,723 $ 118,283 $ 40,051 $ - $ 2,467,057 Total Non Environmental Reimbursement Balance** $ - $ 248,088 $ 2,108,748 $ 6,078,156 $ 7,566,684 $ 8,683,080 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 11,425,958 $ 9,954,147 $ 8,467,244 $ 6,965,098 $ 5,447,556 $ 3,914,465 $ 2,365,669 $ 801,011 $ - $ - Total Annual Developer Reimbursement $ - $ - $ 365,354 $ 2,143,273 $ 2,165,269 $ 2,187,486 $ 2,209,924 $ 2,232,587 $ 2,255,477 $ 2,278,595 $ 2,301,945 $ 2,325,528 $ 2,349,347 $ 2,373,404 $ 2,397,702 $ 2,422,242 $ 2,447,028 $ 1,456,868 $ 1,471,811 $ 1,486,903 $ 1,502,146 $ 1,517,542 $ 1,533,091 $ 1,548,796 $ 1,564,658 $ 801,011 $ 45,337,986 LOCAL BROWNFIELD REVOLVING FUND LBRF Deposits * State Tax Capture $ 4,701,999 $ 536,767 $ 1,025,536 $ 1,035,981 $ 1,046,530 $ 1,057,185 $ 4,701,999 Local Tax Capture $ 7,265,817 $ 779,668 $ 1,596,860 $ 1,613,202 $ 1,629,708 $ 1,646,379 $ 7,265,817 Total LBRF Capture $ 11,967,816 $ 11,967,816 * Up to five years of capture for LBRF Deposits after eligible activities are reimbursed ** 5% Interest Included Packet Page 161 Z:\2020\201515\WORK\Rept\Brownfield Plan Amendment\2023 2nd Amendment\TB 1 TBL02 and TBL03_TIF_ Adelaide rev 22823.xlsx Attachment A Brownfield Plan Resolution(s) Packet Page 162 Packet Page 163 Packet Page 164 Packet Page 165 City of Muskegon Brownfield Redevelopment Authority Amendment to Brownfield Plan Amendment for the Adelaide Pointe Project at 1204 West Western Avenue Muskegon, Michigan Initial Brownfield Plan Amendment Approved by the City of Muskegon October 12, 2021 Brownfield Redevelopment Authority Initial Brownfield Plan Amendment Approved by the City of Muskegon Board October 26, 2021 of Commissioners Amendment to Brownfield Plan Amendment Approved by the City of Muskegon Brownfield Redevelopment Authority Amendment to Brownfield Plan Amendment Approved by the City of Muskegon Board of Commissioners Prepared with the assistance of: Fishbeck 1515 Arboretum Drive SE Grand Rapids, Michigan 49546 616-464-3876 Packet Page 166 Table of Contents Fishbeck | Page i 1.0 Introduction ...................................................................................................................................................1 1.1 Proposed Redevelopment and Future Use for the Eligible Property ................................................1 1.2 Eligible Property Information ............................................................................................................2 2.0 Information Required by Section 13(2) of the Statute ...................................................................................2 2.1 Description of Costs to Be Paid for With Tax Increment Revenues ..................................................2 2.2 Summary of Eligible Activities ...........................................................................................................4 2.3 Estimate of Captured Taxable Value and Tax Increment Revenues ..................................................5 2.4 Maximum Amount of Note or Bonded Indebtedness .......................................................................5 2.5 Duration of Brownfield Plan..............................................................................................................5 2.6 Estimated Impact of Tax Increment Financing on Revenues of Taxing Jurisdiction ..........................5 2.7 Legal Description, Property Map, Statement of Qualifying Characteristics and Personal Property..5 2.8 Estimates of Residents and Displacement of Individuals/Families....................................................5 2.9 Plan for Relocation of Displaced Persons..........................................................................................6 2.10 Provisions for Relocation Costs .........................................................................................................6 2.11 Strategy for Compliance with Michigan’s Relocation Assistance Law...............................................6 2.12 Other Material that the Authority or Governing Body Considers Pertinent .....................................6 List of Figures Figure 1 – Location Map Figure 2 – Site Layout Map List of Tables Table 1 – Tax Increment Revenue Capture Table 2 – Tax Increment Revenue Reimbursement Allocation List of Attachments Attachment A Resolution(s) Attachment B Conceptual Renderings Attachment C Environmental Data Tables and Exceedance Map Attachment D Reimbursement Agreement Packet Page 167 December 7, 2022 Fishbeck | Page 1 1.0 Introduction The City of Muskegon Brownfield Redevelopment Authority (the “Authority” or MBRA) was established by the City of Muskegon pursuant to the Brownfield Redevelopment Financing Act, Michigan Public Act 381 of 1996, as amended (“Act 381”). The primary purpose of Act 381 is to encourage the redevelopment of eligible property by providing economic development incentives through tax increment financing for certain eligible properties. On October 26, 2021, the City of Muskegon (the “City”) approved a Brownfield Plan Amendment (BPA) to incorporate 1148 and 1204 West Western Avenue (“Eligible Property”, “Site”, or “Property”) into the City’s existing Brownfield Plan. The BPA detailed redevelopment plans for a five-phase redevelopment at the Eligible Property, including eligible activity costs and related reimbursement through local-only tax increment financing. This amendment to the BPA has been prepared to add state school tax capture for reimbursement of costs related to Michigan Strategic Fund (MSF) eligible activities during the first three immediate phases of redevelopment. Future amendments to this amended BPA may be pursued for phases four and five of the development. See Attachment A for copies of amended BPA resolutions. 1.1 Proposed Redevelopment and Future Use for the Eligible Property The Developer, Adelaide Pointe QOZB, LLC, is proposing to redevelop a former industrial site located at 1204 West Western Avenue (1148 & 1204 West Western Avenue are now combined), Muskegon, Michigan. Figures 1 and 2 depict the Eligible Property location and layout. Redevelopment consists of five phases that are anticipated to be completed by 2030. Phases one through three are the focus of this amended BPA. Development phasing is described below: Development Phase Anticipated/Actual Desired/Actual Start Date Completion Date Phase I – Revitalize existing buildings for boat Spring/Summer Spring 2022 storage 2021 Phase II – Construction of marina, mixed-use Spring 2023 Fall/Winter 2024 building, boater services building* Phase III – Construction of 55-unit residential condo Spring 2023 Fall/Winter 2024 building* Phase IV – Construction of hotel and 50 boat Spring 2024 Fall 2027 storage units and warehouse Phase V – Construction of residential condos Spring 2025 Fall 2030 Phases one through three include revitalizing the existing site structures for boat storage, business offices, and lease space (approx. 218,000 sf); creation of a new 280 slip marina and construction of a new three-story, mixed- use building with ground level retail and office space (approximately 14,700 gross sf), a second-floor restaurant (approximately 3,700 sf), and third floor deck area (approx. 3,700 sf) (the “Project”). The Project will also create an approximately 4,300 sf boater services and a 55 unit 4-story (90,000 gross sf) residential condo building. The Project will create a walkable community that incorporates public access to waterfront activities (e.g., swimming, Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2022 AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2022_12722.DOCX Packet Page 168 November 22, 2022 Fishbeck | Page 2 fishing, boating), inviting greenspace areas, and transient docking. Sustainable development techniques are proposed throughout the Project, including mass timber construction, solar boardwalks and roof systems, electric vehicle charging stations, low-impact development stormwater management, and integrated parking. Total private investment in Phases one through three, not including property acquisition, is approximately $85,000,000. The mixed-use waterfront development will create approximately 100 new jobs (retail, office, restaurant, marina) and provide contractor work for hundreds of temporary construction workers. In addition to environmental activities, this amendment to the BPA includes non-environmental eligible activities necessary to complete the Project. Non-environmental activities will include demolition, lead/asbestos abatement, site preparation and public infrastructure improvements. Public infrastructure improvements will include upgrades to the public utilities (water main, sanitary sewer, and storm sewer), public roadways, marina and solar docks. Site preparation activities will include specialized foundations, clearing and grubbing, dredging, compaction and sub-base preparation, cut and fill, excavation for unstable material, geotechnical engineering, grading/land balancing, relocation of utilities, temporary erosion controls, temporary site control, surveying and staking, architectural and engineering costs and mass grading. 1.2 Eligible Property Information The 35-acre Property is located at the west end of West Western Avenue on the south shore of Muskegon Lake. Since the late 1800s, the Property has been utilized for industrial purposes, primarily a lumberyard followed by foundry operations. Based on a recent Phase II Environmental Site Assessment (ESA), completed in December 2020, these past industrial uses have resulted in widespread contamination across the Property. Known contaminants in the soil with concentrations exceeding Michigan Department of Environment, Great Lakes, and Energy (EGLE) Part 201 Generic Residential Cleanup Criteria (GRCC) include tetrachloroethylene (PCE), arsenic, cadmium, chromium (total), copper, mercury, selenium, silver and zinc. Groundwater contaminants with concentrations identified above Part 201 GRCC consist of benzene, 2-methylnaphthalene, naphthalene, cadmium, chromium (total), copper, lead, mercury, and zinc. The Developer is not a liable party and completed a Baseline Environmental Assessment (BEA) in accordance with Part 201 of the Natural Resources and Environmental Protect Act, 1995 PA 451, as amended (NREPA). Given the known contamination, the Property is a “facility” pursuant to Part 201 of NREPA. As such, it is considered an “eligible property” as defined by the Michigan Redevelopment Financing Act, Act 381 of 1996. The location and layout of the Property are depicted in Figures 1 and 2. Environmental data tables and an exceedance map are provided in Attachment C. 2.0 Information Required by Section 13(2) of the Statute 2.1 Description of Costs to Be Paid for With Tax Increment Revenues Tax increment revenues will be used to reimburse the Developer and City, as applicable, for the following eligible activities. • Pre-approved BEA, documentation of due care, asbestos/lead paint survey, and additional due care assessment • Due care activities • Asbestos, lead paint, and mold abatement • Select building and site demolition • Site preparation • Infrastructure improvements (public) Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2022 AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2022_12722.DOCX Packet Page 169 November 22, 2022 Fishbeck | Page 3 • 15% contingency • Brownfield Plan Amendment • Brownfield Plan Amendment Implementation • Interest The table below provides an eligible activity cost summary for the Project. EGLE Eligible Activities Estimated Cost Department Specific Activities Pre-Approved Sub-Total $350,000 BEA activities $52,000 Documentation of due care $33,000 Hazardous materials survey (e.g., asbestos, lead paint, etc.) $20,000 Due care assessment $245,000 EGLE Eligible Activities Total Costs $350,000 Interest (5%) $15,354 EGLE Eligible Costs Sub-Total $365,354 Summary of Eligible Activity Costs - Developer MSF Estimated Redevelopment Developer MSF Eligible Activities Total Cost Completion Phase Related Cost Schedule to Activity Public Infrastructure Improvements Sub-Total $8,100,000 $8,100,000 Public Parks (Linear Park, East Peninsula Park, $2,000,000 $2,000,000 2023-2024 Phase II & III Commuter Bike Path) Public Shopper Dock and Public Transient Dock $1,300,000 $1,300,000 2023-2024 Phase II Marina Basin- (breakwater system/public $4,300,000 $4,300,000 2023-2024 Phase II access path) Solar Powered Docks $500,000 $500,000 2023-2024 Phase II Site Preparation Sub-Total $6,750,000 $6,750,000 Specialized Foundations $905,000 $905,000 2023-2024 Phase II-V Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2022 AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2022_12722.DOCX Packet Page 170 November 22, 2022 Fishbeck | Page 4 Clearing and Grubbing $300,000 $300,000 2023-2024 Phase II & III Dredging $800,000 $800,000 2023-2024 Phase II & III Compaction and Sub-Base Preparation $350,000 $350,000 2023-2024 Phase II & III Cut and Fill $300,000 $300,000 2023-2024 Phase II Excavation for Unstable Material $70,000 $70,000 2023-2024 Phase II & III Fill $850,000 $850,000 2023-2024 Phase II & III Geotechnical Engineering $180,000 $180,000 2023-2024 Phase I, II & III Grading/Land Balancing $1,550,000 $1,550,000 2023-2024 Phase II & III Relocation of Active Utilities $350,000 $350,000 2023-2024 Phase II & III Temporary Erosion Controls $110,000 $110,000 2023-2024 Phase II & III Temporary Facility $165,000 $165,000 2023-2024 Phase II & III Temporary Site Control $195,000 $195,000 2023-2024 Phase II & III Surveying and Staking $125,000 $125,000 2023-2024 Phase II & III Architectural/Engineering Costs Related to $500,000 $500,000 2023-2024 Phase II & III Eligible Activities MSF Eligible Activities Sub-Total $14,850,000 $14,850,000 Contingency (15 %) $2,227,500 $2,227,500 Phase II-V Interest (5 %)* $7,281,564 $7281,564 Phase I-V Brownfield Plan and Work Plan Preparation $10,000 $10,000 Phase I Brownfield Plan and Work Plan $10,000 $10,000 Phase I Implementation MSF Eligible Activities Total Costs $24,379,064 $24,379,064 *Interest collected at a 5% rate and capped at less than $8,000,000 Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2022 AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2022_12722.DOCX Packet Page 171 November 22, 2022 Fishbeck | Page 5 ELIGIBLE ACTIVITIES COST SUMMARY- City of Muskegon Activities MSF Eligible Non-Environmental Activities Total Cost City of Estimated Redevelopment Muskegon Cost Completion Phase Related Schedule Activity Public Infrastructure (sub-total) $6,743,620 $6,743,620 Public Roadways $4,000,000 $4,000,000 2023-2024 Phase II West Western Avenue Reconfiguration-Roadway $1,023,620 $1,023,620 2023-2024 Phase II Water Main $850,000 $850,000 2023-2024 Phase II Sanitary Sewer $600,000 $600,000 2023-2024 Phase II Storm Sewer $270,000 $270,000 2023-2024 Phase II Local Only Non-Environmental Activities Total Costs $6,743,620 $6,743,620 Interest (5%) $1,357,768 $1,357,768 Total City of Muskegon Bond Eligible Costs $8,101,388 $8,101,388 LOCAL ONLY ELIGIBLE ACTIVITIES COST SUMMARY (Developer) Local Only Eligible Activities Estimated Cost Department Specific Activities Due Care Sub-Total $3,250,000 Vapor intrusion mitigation $500,000 Soil capping $1,500,000 Dewatering $250,000 Contaminated Soil/Dredge Materials Removal and Disposal $1,000,000 Local Only Department Specific Activities Total Costs $3,250,000 Non-Environmental Activities Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2022 AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2022_12722.DOCX Packet Page 172 November 22, 2022 Fishbeck | Page 6 Asbestos, Lead based Paint and Mold Abatement $250,000 Demolition $500,000 Site Preparation (Sub-total) $3,160,000 Specialized Foundations $1,250,000 Clearing and Grubbing $150,000 Compaction and Sub-Base Preparation $10,000 Geotechnical Engineering $50,000 Relocation of Active Utilities $100,000 Surveying & Staking $100,000 Architectural/Engineering Costs Related to Eligible Activities $1,500,000 Public Infrastructure (Sub-total) $1,900,000 Solar Powered Docks (public) $500,000 Community Building/Clubhouse and Pool (Public) $1,400,000 Non-Environmental Local Only Eligible Costs $5,810,000 Contingency (15%) $871,500 Brownfield Plan/Act 381 Workplan Preparation $10,000 Interest (5%)* $2,462,900 Total EGLE and Non-Environmental Local Only Eligible Costs $12,404,400 *5% Interest capture begins after MSF Non-Environmental Costs are reimbursed 2.2 Summary of Eligible Activities Eligible activities as defined by Act 381 and included in this amended BPA consist of the following: Pre-Approved Activities: These activities are permitted to occur prior to amended BPA approval. Preparation of a Phase I ESA, BEA and Documentation of Due Care Compliance were necessary to protect the new Property owner/Developer from liability for environmental contamination. A Hazardous Materials Investigation was conducted to evaluate potential asbestos, lead paint, and other hazardous materials, as required by regulatory agencies prior to select building demolition activities. Due care assessment will be conducted to verify compliance with applicable due care obligations. Pre-approved activities can be reimbursed from state school and local tax increment revenues. Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2022 AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2022_12722.DOCX Packet Page 173 November 22, 2022 Fishbeck | Page 7 Due Care Activities: Due care activities will include implementation of vapor intrusion mitigation systems, as applicable, to prevent unacceptable exposures to potential indoor air inhalation concerns. Soil capping will be completed to protect against direct contact concerns related to known contamination. Contaminated soils/dredge materials which cannot be utilized on the Property will be hauled to an appropriate Type 2 landfill for disposal. During construction activities, dewatering may be necessary. Contaminated groundwater will be properly managed to comply with due care. Due care costs will include environmental oversight and management. Asbestos, Lead Paint, and Mold Abatement: Prior to select building demolition activities, asbestos, lead paint, and mold were abated, as applicable, in accordance with applicable regulatory guidelines. Demolition: Select building and Site demolition will be necessary to facilitate safe redevelopment and reuse of the Property. Site Preparation: Site preparation is expected to include specialized foundations due to unsuitable urban fill material across the Site, clearing and grubbing in preparation for redevelopment, dredging, compaction and sub- base preparation, cut and fill, excavation for unstable material, fill, geotechnical engineering, grading, land balancing, relocation of active utilities, temporary erosion control, temporary facility, temporary site control, surveying, staking, and appropriate associated professional engineering/architectural fees related to the eligible activities. All the site preparation activities are necessary to support the redevelopment. Public Infrastructure Improvements: Public Infrastructure improvements will be made by both the Developer and City of Muskegon in the public right-of-way and publicly accessible land as outlined in the signed Cooperative Use Agreement between the City of Muskegon and AP dated September 13, 2022. Public infrastructure activities, including public parks (Linear Park, East Peninsula Park and the commuter bike path), public roadways (Adelaide Avenue), West Western Avenue reconstruction, public/transient shopper and dockage and dock slips, new and upgraded water main, sanitary sewer and storm sewer utilities, solar power infrastructure for the public shopper and transient dockage and marina upgrades including the breakwater with public access path. Amended BPA Preparation: This amended BPA was required for authorization of reimbursement to the Developer and City, as applicable, from tax increment revenues under Public Act 381 of 1996, as amended. Amended BPA Implementation: Tracking, submittal, review of invoices for reimbursement, plan compliance, and data reporting will be conducted. Contingency: A 15% contingency is included for those activities not already completed. Interest: A 5% interest on unreimbursed eligible activities is included. 2.3 Estimate of Captured Taxable Value and Tax Increment Revenues The base year of this amended BPA is 2021, as established in the approved BPA. The 2021 taxable value of the eligible property was $903,810. After completion of the development (Phases one, two and three), the taxable value is estimated at $42,875,000. This amended BPA assumes a 1.0% annual increase in the taxable value of the Eligible Property. Initial capture is anticipated to begin in 2023. The estimated captured taxable value for the redevelopment by year and in aggregate for each taxing jurisdiction is depicted in tabular form (Table 1: Tax Increment Revenue Capture). Actual taxable values and tax increment revenues may vary year to year based on economic and market conditions, tax incentives, building additions, and property improvements, among other factors. A summary of the estimated reimbursement schedule by year and in aggregate is presented as Table 2: Tax Increment Revenue Reimbursement Allocation. Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2022 AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2022_12722.DOCX Packet Page 174 November 22, 2022 Fishbeck | Page 8 Method of Financing and Description of Advances Made by the Municipality The cost of the eligible activities included in this amended BPA will be paid for by the Developer and the City. The Developer and City will seek reimbursement for eligible activity costs through capture of available local and state (as applicable) school tax increment revenues as permitted by Act 381. Additionally, as necessary personal property taxes may be utilized as well for reimbursement. Refer to Attachment D for a copy of the Reimbursement Agreement. 2.4 Maximum Amount of Note or Bonded Indebtedness The City of Muskegon may finance eligible public infrastructure improvements and other eligible activities, as applicable, via municipal bonds with tax increment financing as the pay back mechanism subject to the terms outlined in the Reimbursement/Development Agreement (Attachment D). The estimated total bond amount will not exceed $10,500,000 with interest added at 5 %. 2.5 Duration of Brownfield Plan Capture of tax increment revenues for the City reimbursement is anticipated to commence in 2023 and end in 2031. Developer reimbursement will follow with an estimated start date of 2023. The anticipated end date for Developer reimbursement is 2046. It is projected that the amended BPA will extend 29 years, which assumes five years of additional capture of tax increment revenues for deposit into a Local Brownfield Revolving Fund, if available. 2.6 Estimated Impact of Tax Increment Financing on Revenues of Taxing Jurisdiction The estimated amount of tax increment revenues to be captured for this redevelopment from each taxing jurisdiction by year and in aggregate is presented in Tables 1 and 2. 2.7 Legal Description, Property Map, Statement of Qualifying Characteristics and Personal Property • The legal description is as follows: 1204 W. Western Avenue CITY OF MUSKEGON PART OF SECTION 25 T10N R17W PRT OF BLKS 578-580 DESC AS FOLS COM AT SE COR LOT 4 BLK 577 TH S 88D 15M W ALG SLY LN SD BLK 577 EXTND (ALSO BEING NLY LN WESTERN AVE) 847.15 FT FOR POB TH N 01D 56M 50S W 256.10 FT TH N 31D 37M 35S E 47 FT TH N 55D 15M 15S E 89.20 FT TH N 35D 54M 50S W 127.65 FT TH N 02D 52M 10S W 553 FT TH S 55D 13 M W 243 FT TH N 34D 47M W 330 FT M/L TO SHORE OF MUSKEGON LAKE REFERRED TO AS PT B TH RECOM AT POB TH S 88D 15M W ALG NLY LN WESTERN AVE 18.65 FT TH SWLY ALG SD NLY LN WESTERN AVE ALG ARC OF A 430.61 FT RAD CURVE TO LT 158.33 FT (LC SD CURVE BEARS S 77D 43M 00S W 157.44 FT & CENTRAL ANG SD CURVE IS 21D 04M 00) TO WLY LN NELY 200 FT OF SD BLK 580 TH N 35D 2M 10S W ALG SD WLY LN SD NELY 200 FT DIST 850 FT M/L TO SHORE OF MUSKEGON LAKE REFERRED TO AS PT C TH NWLY SELY & NELY ALG SHORE OF MUSKEGON LAKE 1300 FT M/L FROM SD PT C TO SD PT B EXC THAT PRT OF ABOVE DESC PARCEL THAT LIES WITHIN THE CHESAPEAKE & OHIO RR ROW EXC THAT PART TAKEN BY THE CITY OF MUSKEGON FOR THE LAKESHORE TRAIL BIKE PATH DESC AS THAT PART OF BLKS 578 & 580 DESC AS COM @ SE COR LOT 4 BLK 577 TH S 88D 40M 42S W ALG N ROW LN WESTERN AVE 847.60 FT TH N 01D 31M 57S W 256.10 FT TH N 32D 02M 28S E 47 FT TH N 55D 40M 08S E 89.20 FT TH N 35D 29M 57S Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2022 AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2022_12722.DOCX Packet Page 175 November 22, 2022 Fishbeck | Page 9 W 127.65 FT TH N 02D 27M 17S W 553 FT TH S 55D 37M 53S W 243 FT TH N 34D 22M 07S W 235.92 FT TO POB TH S 50D 44M 04S W 329.75 FT TH S 20D 19M 09S W 96.30 FT TH S 23D 53M 54S E 405.55 FT TH N 34D 34M 00S W ALG NE LN LAKESHORE YACHT HARBOUR 86.43 FT TH N 23D 53M 54S W 327.11 FT TH N 20D 19M 09S E 107.14 FT TH N 50D 44M 04S E 335.70 FT TH S 33D 32M 57S E 16.08 FT TO POB TAKEN FOR LAKESHORE TRAIL BIKE PATH ACROSS SD PROPERTY AND COM AT SE COR LOT 4 BLK 577 FOR POB TH N 1 DEG 41 MIN W 158.40 FT TH N 76 DEG 43 MIN W 103.55 FT TH NWLY ON THE ARC OF A 492.47 FT RAD CURVE TO THE RT 110.31 FT (LONG CORD BEARS N 70D 18M W 110.07 FT CENTRAL ANGLE IS 12D 50M 00S) TH N 63 DEG 53 MIN W 67 FT TH N 2 DEG 4 MIN W 33.8 FT TO RR R/W TH CON'T N 2 DEG 4 MIN W 367.7 FT TH N 37 DEG W 730 FT TH N 48 DEG W 600 FT M/L TO MUSKEGON LAKE TO A PT A RECOM AT POB TH S 88 DEG 15 MIN W 847.15 FT TH N 1 DEG 56 MIN 50 SEC W 256.1 FT TH N 31 DEG 37 MIN 35 SEC E 47 FT TH N 55 DEG 15 MIN 15 SEC E 89.2 FT TH N 35 DEG 54 MIN 50 SEC W 127.65 FT TH N 2 DEG 52 MIN 10 SEC W 553 FT TH S 55 DEG 13 MIN W 243 FT TH N 34 DEG 47 MIN W 330 FT M/L TO THE SHORE OF MUSKEGON LAKE TO A PT REFERRED TO AS PT B TH WLY ALG SHORE LN 1500 FT M/L TO SD PT A EXC THAT PART LYING WITHIN C&O RR R/W RECORDED IN L 702 P 134 ALSO EXC COM AT SW COR LOT 4 BLK 574 FOR POB TH WLY ALG WESTERN AVE 20.5 FT TO SE COR LOT 5 TH NLY TO SLY LN C&O RR R/W TH SELY ALG SLY LN OF SD R/W TO NW COR LOT 3 BLK 577 TH S ALG W LN LOT 3 TO NE COR LOT 4 TH WLY ALG NLY LN LOT 4 40 FT TO NW COR SD LOT TH SLY ALG W LN TO POB EXC THAT PART OF BLK 578 DESCRIBED AS COM AT THE SE COR OF LOT 4 BLK 577 TH S 88D 40M 42S W ALG N R-O-W LINE OF WESTERN AVE 847.60 FT TH N 01D 31M 57S W 256.10 FT TH N 32 D 02M 28S E 47 FT TH N 55D 40M 08S E 89.20 FT TH N 35D 29M 57S W 127.65 FT TH N 02D 27M 17S W 553 FT TH S 55D 37M 53S W 243 FT TH N 34D 22M 07S W 235.92 FT TO POB TH N 33D 32M 57S W 16.08FT TH N 62D 10M 01S E 211.19 FT TH S 87D 42M 46S E 126.81 FT TH N 71D 39M 34S E 169.45 FT TH S 53D 57M 29S E 104.89 FT TH S 36D 27M 44S E 604.13 FT TH S 01D 31M 44S E 16 FT TH S 38D 27M 16S W 8.34 FT TH N 36D 27M 44S W 610.01FT TH N 53D 57M 29S W 94.21 FT TH S 71D 39M 34S W 164.14 FT TH N 87D 42M 46S W 125.42 FT TH S 62D 10M 01S W 205.29 FT TO POB • The Property layout is depicted on Figure 2. • The Property is considered an “eligible property” as defined by Act 381 because the Property is a facility pursuant to Part 201. Facility verification is included in Attachment C. • New personal property added to the Property is included as part of the Eligible Property to the extent it is taxable. 2.8 Estimates of Residents and Displacement of Individuals/Families No residents or families will be displaced because of the Project. 2.9 Plan for Relocation of Displaced Persons Not applicable. 2.10 Provisions for Relocation Costs Not applicable. 2.11 Strategy for Compliance with Michigan’s Relocation Assistance Law Not applicable. 2.12 Other Material that the Authority or Governing Body Considers Pertinent The Project will significantly improve the Muskegon Lake shoreline through revitalization of Property once used for industrial purposes. Existing structures will be revitalized, and environmental exposure risks mitigated. A new Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2022 AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2022_12722.DOCX Packet Page 176 November 22, 2022 Fishbeck | Page 10 marina with transient boat slips will provide local citizens and tourists with opportunities to access the vibrant Muskegon downtown and other nearby recreational activities. Construction of new boat storage and residential condominiums will expand Muskegon Lake access and increase long-term tax revenues for the City of Muskegon and the State of Michigan. The Development will also create numerous job opportunities for the community. Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\2022 AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2022_12722.DOCX Packet Page 177 Packet Page 178 Packet Page 179 Packet Page 180 City of Muskegon Brownfield Redevelopment Authority Brownfield Plan Amendment for the Adelaide Pointe Project at 1148 & 1204 West Western Avenue Muskegon, Michigan Approved by the City of Muskegon Brownfield Redevelopment Authority Approved by the City of Muskegon Board of Commissioners Prepared with the assistance of: Fishbeck 1515 Arboretum Drive SE Grand Rapids, Michigan 49546 616-464-3876 Packet Page 181 Table of Contents Fishbeck | Page i 1.0 Introduction ...................................................................................................................................................1 1.1 Proposed Redevelopment and Future Use for the Eligible Property ................................................1 1.2 Eligible Property Information ............................................................................................................1 2.0 Information Required by Section 13(2) of the Statute ...................................................................................2 2.1 Description of Costs to Be Paid for With Tax Increment Revenues ..................................................2 2.2 Summary of Eligible Activities ...........................................................................................................4 2.3 Estimate of Captured Taxable Value and Tax Increment Revenues ..................................................5 2.4 Maximum Amount of Note or Bonded Indebtedness .......................................................................5 2.5 Duration of Brownfield Plan..............................................................................................................5 2.6 Estimated Impact of Tax Increment Financing on Revenues of Taxing Jurisdiction ..........................5 2.7 Legal Description, Property Map, Statement of Qualifying Characteristics and Personal Property..5 2.8 Estimates of Residents and Displacement of Individuals/Families....................................................5 2.9 Plan for Relocation of Displaced Persons..........................................................................................6 2.10 Provisions for Relocation Costs .........................................................................................................6 2.11 Strategy for Compliance with Michigan’s Relocation Assistance Law...............................................6 2.12 Other Material that the Authority or Governing Body Considers Pertinent .....................................6 List of Figures Figure 1 – Location Map Figure 2 – Site Layout Map List of Tables Table 1 – Tax Increment Revenue Capture Table 2 – Tax Increment Revenue Reimbursement Allocation List of Attachments Attachment A Brownfield Plan Resolution(s) Attachment B Conceptual Renderings Attachment C Environmental Data Tables and Map Attachment D Reimbursement Agreement Packet Page 182 October 4, 2021 Fishbeck | Page 1 1.0 Introduction The City of Muskegon Brownfield Redevelopment Authority (the “Authority” or MBRA) was established by the City of Muskegon pursuant to the Brownfield Redevelopment Financing Act, Michigan Public Act 381 of 1996, as amended (“Act 381”). The primary purpose of Act 381 is to encourage the redevelopment of eligible property by providing economic development incentives through tax increment financing for certain eligible properties. This Brownfield Plan Amendment (“Plan Amendment”) serves as an amendment to the City of Muskegon’s existing Brownfield Plan, allowing inclusion of the eligible property described in Sections 1.1 and 1.2 below. Incorporation of eligible property into the City’s Brownfield Plan permits the use of tax increment financing to reimburse Adelaide Pointe QOZB, LLC (“Developer”) for the cost of eligible activities required to redevelop the eligible property. See Attachment A for copies of Plan Amendment resolutions. 1.1 Proposed Redevelopment and Future Use for the Eligible Property The Developer is proposing to redevelop a former industrial site located at 1148 and 1204 West Western Avenue, Muskegon, Michigan (the “Property”). Proposed redevelopment activities include: revitalizing existing site structures for boat storage, busines offices, and lease space (approx. 218,000 sf); creation of a new 280 slip marina and construction of a three-story, mixed-use building with ground level retail and office space, a second- floor restaurant, and third floor deck area (approx. 7,500 sf); 50 boat condos (totaling approx. 250,000 gross sf); and 250 - 300 residential condo units (averaging approx. 1,500 sf each) within a six building footprint (the “Project”). The Project will create a walkable community that incorporates public access to waterfront activities (e.g., swimming, fishing, boating), inviting greenspace areas, and transient docking. Sustainable development techniques are proposed throughout the Project, including solar boardwalks and roof systems, electric vehicle charging stations, low-impact development stormwater management, and integrated parking. Total private investment, not including property acquisition, is approximately $250,000,000. The mixed-use waterfront development will create approximately 100 new jobs (retail, office, restaurant, marina) and provide contractor work for hundreds of temporary construction workers. Conceptual renderings are provided in Attachment B. The structured five-phase development is summarized in the table below. Development Phase Anticipated Start Date Desired Completion Date Phase I – Revitalize existing buildings for boat storage Spring/Summer 2021 Summer/Fall 2021 Phase II – Creation of forklift in/out service Spring 2022 Spring/Summer 2022 Phase III – Construction of marina, mixed-use building Spring 2022 Fall 2022 Phase IV – Construction of 50 boat storage and Spring 2024 Fall 2027 warehouse Phase V – Construction of residential condos Spring 2025 Fall 2030 1.2 Eligible Property Information The 35-acre Property is located at the west end of West Western Avenue on the south shore of Muskegon Lake. Since the late 1800s, the Property has been utilized for industrial purposes, primarily a lumberyard followed by foundry operations. Based on a recent Phase II Environmental Site Assessment (ESA) completed in December Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2021_1005.DOCX Packet Page 183 October 5, 2021 Fishbeck | Page 2 2020, these past industrial uses have resulted in widespread contamination across the Property. Known contaminants in the soil with concentrations exceeding Michigan Department of Environment, Great Lakes, and Energy (EGLE) Part 201 Generic Residential Cleanup Criteria (GRCC) include tetrachloroethylene (PCE), arsenic, cadmium, chromium (total), copper, and selenium. Groundwater contaminants with concentrations identified above Part 201 GRCC consist of benzene, cadmium, chromium (total), copper, lead, mercury, and zinc. The Developer is not a liable party and completed a Baseline Environmental Assessment (BEA) in accordance with Part 201 of the Natural Resources and Environmental Protect Act, 1995 PA 451, as amended (NREPA). Given the known contamination, the Property is a “facility” pursuant to Part 201 of NREPA. As such, it is considered an “eligible property” as defined by the Michigan Redevelopment Financing Act, Act 381 of 1996. Maps depicting the location and layout of the Property are attached as Figures 1 and 2. Environmental data tables and map are provided in Attachment C. 2.0 Information Required by Section 13(2) of the Statute 2.1 Description of Costs to Be Paid for With Tax Increment Revenues Act 381 provides pre-approval for certain activities that have been conducted at the Property. Additional activities require BRA approval for reimbursement from local, school operating, and state education taxes. Tax increment revenues will be used to reimburse the Developer and the City of Muskegon for the following eligible activities. • Pre-approved BEA, documentation of due care, asbestos/lead paint survey, and additional due care assessment • Due care activities • Asbestos, lead paint, and mold abatement • Select building and site demolition • Site preparation • Infrastructure improvements (public)- Developer & City • 15% contingency • Brownfield Plan Amendment • Brownfield Plan Amendment Implementation • Interest The table below provides an eligible activity cost summary for the Project. Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2021_1005.DOCX Packet Page 184 October 5, 2021 Fishbeck | Page 3 ELIGIBLE ACTIVITIES COST SUMMARY EGLE Eligible Activities Estimated Cost Department Specific Activities $350,000 1. Pre-Approved Sub-Total $52,000 a. BEA activities $33,000 b. Documentation of due care $20,000 c. Hazardous materials survey (e.g., asbestos, lead paint, etc.) d. Due care assessment $245,000 EGLE Eligible Activities Total Costs $350,000 Interest (5%) $15,354 EGLE Eligible Costs Sub-Total $365,354 Local Only Eligible Activities Estimated Cost Department Specific Activities 2. Due Care Sub-Total $3,250,000 a. Vapor intrusion mitigation $500,000 b. Soil capping $1,500,000 c. Dewatering $250,000 d. Contaminated Soil/Dredge Materials Removal and Disposal $1,000,000 Local Only Department Specific Activities Total Costs $3,250,000 Non-Environmental Activities 3. Asbestos, lead paint, and mold abatement Sub-Total $1,250,000 4. Demolition (select interior and site grounds) Sub-Total $1,500,000 Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2021_1005.DOCX Packet Page 185 October 5, 2021 Fishbeck | Page 4 5. Site preparation Sub-Total $5,545,000 a. Clearing and grubbing $300,000 b. Dredging $800,000 c. Compaction and sub-base preparation $350,000 d. Cut and fill $300,000 e. Excavation for unstable material $70,000 f. Fill $850,000 g. Geotechnical engineering $180,000 h. Grading/land balancing $1,250,000 i. Relocation of active utilities $350,000 j. Temporary erosion control $110,000 k. Temporary facility $165,000 l. Temporary site control $195,000 m. Surveying and staking $125,000 n. Architectural/engineering costs related to eligible activities $500,000 6. Infrastructure improvements (Public) $13,000,000 a. Marina basin (breakwater system/gangway/dockage) $10,000,000 b. Parks (Linear Park, East Peninsula Park, Commuter Bike $2,000,000 Path) c. East Basin Launch Well $1,000,000 Local Only Non-Environmental Activities Total Costs $21,295,000 EGLE and Local Only Eligible Costs Sub-Total $24,910,354 Contingency (15%)* $3,681,750 Brownfield Plan Amendment Preparation $10,000 Brownfield Plan Amendment Implementation $10,000 Interest (5%) $25,554,653 Total EGLE and Local Only Eligible Costs $54,166,757 *Not applied to previously completed Department Specific Activities ELIGIBLE ACTIVITIES COST SUMMARY- City of Muskegon Bond Local Only Activities Total Costs 1. Public Infrastructure (sub-total) $10,000,000 a. Roadways (Adelaide Point Ave, East Circle Drive, West $6,840,000 Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2021_1005.DOCX Packet Page 186 October 5, 2021 Fishbeck | Page 5 Circle Drive, Adelaide Point Drive, South Circle Drive) b. West Western Reconfiguration $1,035,000 c. East Basin Launch Well $1,615,000 2. Site Preparation (sub-total) a. Mass Grade Site $510,000 Local Only Non-Environmental Activities Total Costs $10,000,000 Interest (5%) $2,608,621 Total City of Muskegon Bond Eligible Costs $12,608,621 2.2 Summary of Eligible Activities Eligible activities as defined by Act 381 and included in this Plan Amendment consist of the following: Pre-Approved Activities: These activities are permitted to occur prior to Plan Amendment approval. Preparation of a Phase I ESA, BEA and Documentation of Due Care Compliance are necessary to protect the new Property owner/Developer from liability for environmental contamination. A Hazardous Materials Investigation was conducted to evaluate potential asbestos, lead paint, and other materials, as required by regulatory agencies prior to select building demolition activities. Due care assessment will be conducted to verify compliance with applicable due care obligations. Pre-approved activities can be reimbursed from state school and local tax increment revenues. Due Care Activities: Due care activities will include implementation of vapor intrusion mitigation systems, as applicable, to prevent unacceptable exposures to potential indoor air inhalation concerns. Soil capping will be completed to protect against direct contact concerns related to known contamination. Contaminated soils/dredge materials which cannot be utilized on the Site will be hauled to an appropriate Type 2 landfill for disposal. During construction activities, dewatering may be necessary. Contaminated groundwater will be properly managed to comply with due care. Due care costs will include environmental oversight and management. Asbestos, Lead Paint, and Mold Abatement: As applicable, and prior to select building demolition activities, asbestos, lead paint, and mold must be abated in accordance with applicable regulatory guidelines. Demolition: Select building and Site demolition will be necessary to facilitate safe redevelopment and reuse of the Property. Site Preparation: Site preparation is expected to include clearing and grubbing, dredging, compaction and sub-base preparation, cut and fill, excavation for unstable material, fill, geotechnical engineering, grading, land balancing, relocation of active utilities, temporary erosion control, temporary facility, temporary site control, surveying, staking and associated professional fees. Public Infrastructure Improvements: Infrastructure improvements will include marina launch and basin enhancements, sidewalks, bike paths, boardwalks, fishing docks, roadways, curb and gutter, lighting, landscaping, irrigation, low-impact design stormwater management, utilities, and other streetscape improvements. Costs will include oversight, management, and associated professional fees. Plan Amendment Preparation: This Plan Amendment was required for authorization of reimbursement to the Developer from tax increment revenues under Public Act 381 of 1996, as amended. Plan Amendment Implementation: Tracking, submittal, review of invoices for reimbursement, plan compliance, and data reporting will be conducted. Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2021_1005.DOCX Packet Page 187 October 5, 2021 Fishbeck | Page 6 Contingency: A 15% contingency is included for those activities not already completed. 2.3 Estimate of Captured Taxable Value and Tax Increment Revenues For the purposes of this Plan Amendment, the taxable value base year is 2021. The 2021 taxable value of the eligible property is $903,810. After completion of the development, the taxable value is estimated at $87,500,000. This Plan Amendment assumes a 1.0% annual increase in the taxable value of the eligible property. Initial capture is anticipated to begin in 2022. The estimated captured taxable value for the redevelopment by year and in aggregate for each taxing jurisdiction is depicted in tabular form (Table 1: Tax Increment Revenue Capture). Actual taxable values and tax increment revenues may vary year to year based on economic and market conditions, tax incentives, building additions, and property improvements, among other factors. A summary of the estimated reimbursement schedule by year and in aggregate is presented as Table 2: Tax Increment Revenue Reimbursement Allocation. Method of Financing and Description of Advances Made by the Municipality The cost of the eligible activities included in this Plan Amendment will be paid for by the Developer and the City of Muskegon. The Developer and City of Muskegon will seek reimbursement for eligible activity costs through capture of available local and state (as applicable) tax increment revenues as permitted by Act 381. Additionally, as necessary personal property taxes may be utilized as well for reimbursement. Refer to Attachment D for a copy of the Reimbursement Agreement. 2.4 Maximum Amount of Note or Bonded Indebtedness The City of Muskegon plans to utilize bond proceeds to pay for certain eligible site preparation and public infrastructure costs incurred by the City, which will be repaid via tax increment revenues generated by redevelopment of the Site, and subject to the Reimbursement/Development Agreement. Refer to the table in Section 2.1 for additional information relative to the costs and breakdown of costs associated with the bond. Refer to Table 2 for the reimbursement schedule. 2.5 Duration of Brownfield Plan Capture of tax increment revenues for City reimbursement is anticipated to commence in 2023 and end in 2029. Developer reimbursement will follow with an estimated start date of 2029. The anticipated end date for Developer reimbursement is 2048. It is projected that the Plan Amendment will extend 30 years, which assumes four years of additional capture of tax increment revenues for deposit into a Local Brownfield Revolving Fund, if available. 2.6 Estimated Impact of Tax Increment Financing on Revenues of Taxing Jurisdiction The estimated amount of tax increment revenues to be captured for this redevelopment from each taxing jurisdiction by year and in aggregate is presented in Tables 1 and 2. Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2021_1005.DOCX Packet Page 188 October 5, 2021 Fishbeck | Page 7 2.7 Legal Description, Property Map, Statement of Qualifying Characteristics and Personal Property • The legal description is as follows: 1148 W. Western Avenue COM AT SE COR LOT 4 BLK 577 FOR POB TH N 1 DEG 41 MIN W 158.40 FT TH N 76 DEG 43 MIN W 103.55 FT TH NWLY ON THE ARC OF A 492.47 FT RAD CURVE TO THE RT 110.31 FT (LONG CORD BEARS N 70D 18M W 110.07 FT CENTRAL ANGLE IS 12D 50M 00S) TH N 63 DEG 53 MIN W 67 FT TH N 2 DEG 4 MIN W 33.8 FT TO RR R/W TH CON'T N 2 DEG 4 MIN W 367.7 FT TH N 37 DEG W 730 FT 1204 W. Western Avenue PART OF SECTION 25 T10N R17W PRT OF BLKS 578-580DESC AS FOLS COM AT SE COR LOT 4 BLK 577 TH S 88D 15M W ALG SLY LN SD BLK 577 EXTND (ALSO BEING NLY LN WESTERN AVE) 847.15 FT FOR POB TH N 01D 56M 50S W 256.10 FT TH N 31D 37M 35S E 47 FT TH N 55D 15M 15S E 89.20 FT TH N 35D 54M 50S W 127.65 FT TH N 02D 52M 10S W 553 FT TH S 55D 13 M W 243 FTCOM 375 FT N OF SW COR OF SW ¼ OF NW ¼, TH N TO A POINT745 FT S OF NW COR, TH E 225 FT, TH S TO A POINT DUE E OF POB; TH W 225 FT TO POB. SEC 16, T10N RSW. 1.03 AC M/L. • The Property layout is depicted on Figure 2. • The Property is considered an “eligible property” as defined by Act 381 because the Property is a facility pursuant to Part 201. Facility verification is included in Attachment C. • New personal property added to the Property is included as part of the Eligible Property to the extent it is taxable. 2.8 Estimates of Residents and Displacement of Individuals/Families No residents or families will be displaced because of the Project. 2.9 Plan for Relocation of Displaced Persons Not applicable. 2.10 Provisions for Relocation Costs Not applicable. 2.11 Strategy for Compliance with Michigan’s Relocation Assistance Law Not applicable. 2.12 Other Material that the Authority or Governing Body Considers Pertinent The Project will significantly improve the Muskegon Lake shoreline through revitalization of Property once used for industrial purposes. Existing structures will be revitalized, and environmental exposure risks mitigated. A new marina with transient boat slips will provide boaters with opportunities to access the vibrant Muskegon downtown and other nearby recreational activities. Construction of new boat storage and residential condominiums will expand Muskegon Lake access and increase long-term tax revenues for the City of Muskegon and the State of Michigan. The Development will also create numerous job opportunities for the community. Z:\2020\201515\WORK\REPT\BROWNFIELD PLAN AMENDMENT\ADELAIDE POINTE_FINAL_BROWNFIELD PLAN AMENDMENT_2021_1005.DOCX Packet Page 189 Attachment B Conceptual Renderings Packet Page 190 Packet Page 191 Packet Page 192 Attachment C Environmental Data Tables and Map Packet Page 193 Packet Page 194 Fishbeck | 1 of 1 Table 1 - Soil Data Summary Baseline Environmental Assessment Leestma Management, LLC, 1148 & 1204 West Western Ave., Muskegon, Muskegon County, MI December 2020 Sample Location: SB-01 SB-01 SB-02 SB-03 SB-04 SB-05 SB-06 SB-07 FB-01 Statewide Finite VSIC Finite VSIC Depth Interval (ft): (4-5) (4-5) (4-5) (3-4) (4-5) (2-3) (1-2) (2-3) Drinking Water Soil Volatilization to Infinite Particulate Direct Soil Saturation Default GSIP for 5 Meter for 2 Meter Investigative/Field Duplicate/QC: Investigative Duplicate Investigative Investigative Investigative Investigative Investigative Investigative QC Protection Indoor Air Inhalation Source Soil Inhalation Contact Concentration Background Criteria (1) Source Source Laboratory ID: 20L0979-01 20L0979-02 20L0979-03 20L0979-04 20L0979-05 20L0979-06 20L0979-07 20L0979-08 20L0979-09 Criteria (1) Criteria (1) VSIC (1) Criteria (1) Criteria (1) SL (1) Levels (1) Thickness (1) Thickness (1) Collection Date: 12/30/20 12/30/20 12/30/20 12/30/20 12/30/20 12/30/20 12/30/20 12/30/20 12/30/20 Volatile Organic Compounds CAS Number Tetrachloroethene 127-18-4 170 150 58 U 57 U 50 U 50 U 61 U 50 U 50 U NA 100 1,200 (X) 11,000 1.70E+05 4.80E+05 1.10E+06 2.70E+09 2.00E+05 (C) 88,000 Polynuclear Aromatic Compounds CAS Number Benzo(a)pyrene 50-32-8 330 U 330 U 350 330 UJ 330 U 330 U 330 UJ 430 -- NA NLL NLL NLV NLV NLV NLV 1.50E+06 2,000 NA Benzo(b)fluoranthene 205-99-2 330 U 400 550 330 UJ 330 U 330 U 330 UJ 520 -- NA NLL NLL ID ID ID ID ID 20,000 NA Metals, Total CAS Number Arsenic (B) 7440-38-2 4,000 J 3,600 5,900 2,000 U 3,500 4,900 2,000 U 19,000 -- 5,800 4,600 4,600 NLV NLV NLV NLV 7.20E+05 7,600 NA Barium (B) 7440-39-3 15,000 18,000 10,000 15,000 23,000 16,000 11,000 100,000 -- 75,000 1.30E+06 4.40E+05 (G) NLV NLV NLV NLV 3.30E+08 3.70E+07 NA Cadmium (B) 7440-43-9 1,700 1,600 8,100 2,400 3,600 4,900 720 13,000 -- 1,200 6,000 3,600 (G,X) NLV NLV NLV NLV 1.70E+06 5.50E+05 NA Chromium, Total (B, H) 7440-47-3 6,700 5,900 24,000 27,000 30,000 49,000 14,000 190,000 -- 18,000 (total) 30,000 3,300 NLV NLV NLV NLV 2.60E+05 2.50E+06 NA Copper (B) 7440-50-8 38,000 J 20,000 34,000 34,000 53,000 76,000 12,000 430,000 -- 32,000 5.80E+06 75,000 (G) NLV NLV NLV NLV 1.30E+08 2.00E+07 NA Lead (B) 7439-92-1 22,000 20,000 34,000 27,000 19,000 20,000 12,000 66,000 -- 21,000 7.00E+05 5.10E+06 (G,X) NLV NLV NLV NLV 1.00E+08 4.00E+05 NA Mercury (Total) (B) 7439-97-6 50 U 50 U 50 U 57 50 U 64 50 U 50 U -- 130 1,700 50 (M); 1.2 48,000 52,000 52,000 52,000 2.00E+07 1.60E+05 NA Selenium (B) 7782-49-2 1,400 1,400 1,000 1,100 600 770 960 560 -- 410 4,000 400 NLV NLV NLV NLV 1.30E+08 2.60E+06 NA Silver (B) 7440-22-4 490 U 470 U 490 U 490 U 490 U 460 U 470 U 430 U -- 1,000 4,500 100 (M); 27 NLV NLV NLV NLV 6.70E+06 2.50E+06 NA Zinc (B) 7440-66-6 15,000 14,000 23,000 47,000 40,000 62,000 33,000 74,000 -- 47,000 2.40E+06 1.70E+05 (G) NLV NLV NLV NLV ID 1.70E+08 NA Solids, Total (%) -- 90 91 88 89 89 90 87 92 -- -- -- -- -- -- -- -- -- -- -- Results expressed in µg/Kg dry weight (except for FB-01, which is µg/Kg wet weight). Bolded values exceed Statewide Default Background Level and an applicable criterion or screening level. Italicized values are below Statewide Default Background Level but exceed an applicable criterion or screening level. Underlined parameters are classified as Polynuclear Aromatic Compounds. Data Qualifiers: J Estimated value U Not detected Footnotes/Abbreviations: (1) Part 201 Residential Soil Generic Cleanup Criteria and Screening Levels/Part 213 Risk-based Screening Levels, December 30, 2013 (GSI Criteria Updated June 25, 2018). (2) EGLE Volatilization to Indoor Air Pathway Screening Levels, September 4, 2020. (B) Background, as defined in R 299.5701(b), may be substituted if higher than the calculated criterion. (C) Value is screening level based on the chemical-specific generic soil saturation concentration (Csat). (G) Criterion dependent on receiving surface water (SW) hardness; calculated criteria based on water hardness of 150 mg/L. (H) Data provided for total chromium only; evaluated against hexavalent chromium criteria. (J) Hazardous substance may be present in several isomer forms. Isomer-specific concentrations must be added together for comparison to criteria. (JT) Hazardous substance may be present in several isomer forms. The VIAP SL may be used for the individual isomer provided that it is the sole isomer detected; however, when multiple isomers are detected in a medium, the isomer-specific concentrations must be added together and compared to the most restrictive VIAP SL of the detected isomers. (M) Calculated criterion is below the target detection limit (TDL); first number is the criterion (TDL), the second is the risk-based value. (M*) The VIAP SL may be below TDL. In accordance with Sec. 20120a(10) when the TDL for a hazardous substance is greater than the developed VIAP SL, the TDL is used to evaluate the risk posed from the pathway. (W) Concentrations of trihalomethanes must be added together to determine compliance with criterion. (X) Criterion is not protective for SW used as a drinking water (DW) source. (DD) Hazardous substance causes developmental effects. Residential VIAP SLs are protective of both prenatal exposure using a pregnant female receptor and postnatal exposure using a child receptor. Prenatal developmental effects may occur after an acute (i.e. short- term) or full-term exposure. (EE) The acceptable air concentration (AAC) for the volatile hazardous substances is not derived using standard equations. The hazardous substance may cause adverse human health effects for less than chronic exposures (i.e. short-term or acute). The AAC for these hazardous substances is the acute or intermediate minimum risk level (MRL) developed by the Agency for Toxic Substances and Disease Registry (ATSDR), a USEPA Integrated Risk Information System (IRIS) acute reference concentration, or an acute initial threshold screening level (ITSL) by the EGLE’s Air Quality Division. (MM) Hazardous substance is a carcinogen with a mutagenic mode of action. The cancer potency values used in calculating VIAP SLs are modified using age-dependent adjustment factors for those carcinogenic chemicals identified as mutagenic. DATA Insufficient physical chemical parameters to calculate a VIAP SL for specified media. If detections are present in specified media, health-based soil vapor value should be used to evaluate risk. GSIP groundwater surface water interface protection ID Insufficient data to develop criterion. NA not available NLL Not likely to leach under most soil conditions. NLV Not likely to volatilize under most conditions. SL screening level VIAP volatilization to indoor air pathway VSIC volatile soil inhalation criteria \\ftch\allprojects\2020\201515\WORK\Rept\BEA\TBL01_DataSummary-Soil-Res_2020_0114.xlsx Packet Page 195 1/19/2021 Fishbeck | 1 of 1 Table 2 - Groundwater Data Summary Baseline Environmental Assessment Leestma Management, LLC, 1148 & 1204 West Western Ave., Muskegon, Muskegon County, MI December 2020 Monitoring Location: TW-01 TW-02 TW-03 TW-03 TB-01 Residential Flammability Field Duplicate: Duplicate Residential GSI Water (1) (1) Groundwater (1) and Explosivity Laboratory ID: 20L0979-10 20L0979-11 20L0979-12 20L0979-14 20L0979-15 DWC Criteria (1) Solubility (1) VIAIC SL Collection Date: 12/30/20 12/30/20 12/30/20 12/30/20 12/30/20 Volatile Organic Compounds CAS Number Benzene 71-43-2 1U 1U 9.7 9.9 1U 5.0 200 (X) 5,600 1.75E+06 68,000 Polychlorinated Biphenyls CAS Number Total PCBs (J) 1336-36-3 0.2 U 0.2 U 0.2 UJ 0.2 UJ -- 0.50 0.20 (M); 2.60E-05 45 (S) 44.7 ID Metals, Total CAS Number Arsenic (B) 7440-38-2 5U 5U 7.7 7.9 -- 10 10 NLV NA ID Barium (B) 7440-39-3 100 U 100 U 220 240 -- 2,000 670 (G) NLV NA ID Cadmium (B) 7440-43-9 1U 1U 7.2 7.3 -- 5.0 3.0 (G,X) NLV NA ID Chromium, Total (B, H) 7440-47-3 10 U 10 U 33 34 -- 100 11 NLV NA ID Copper (B) 7440-50-8 5U 5U 150 150 -- 1,000 (E) 13 (G) NLV NA ID Lead (B) 7439-92-1 3U 3U 180 180 -- 4.0 (L) 34 (G,X) NLV NA ID Mercury (B) 7439-97-6 0.2 U 0.2 U 0.65 0.61 -- 2.0 0.0013 56 (S) 56 ID Selenium (B) 7782-49-2 5U 5U 5U 5U -- 50 5.0 NLV NA ID Silver (B) 7440-22-4 1U 1U 1U 1U -- 34 0.20 (M); 0.060 NLV NA ID Zinc (B) 7440-66-6 50 U 50 U 190 190 -- 2,400 170 (G) NLV NA ID Results expressed in µg/L. Bolded values exceed an applicable criterion and/or screening level. Underlined compounds classified as polynuclear aromatic compounds. Data Qualifiers: J Estimated value U Not detected above the given limit Footnotes/Abbreviations: (1) Part 201 Groundwater Generic Cleanup Criteria/Part 213 Tier 1 Risk-based Screening Levels, January 10, 2018 (GSI Criteria Updated June 25, 2018). (2) EGLE Volatilization to Indoor Air Pathway Screening Levels, September 4, 2020. (B) Background, as defined in R 299.5701(b), may be substituted if higher than the calculated criterion. (E) Aesthetic drinking water (DW) value. Notice of aesthetic impact may be employed as an institutional control if concentration exceeds the aesthetic DWC but not the health-based DW value. (G) Criterion dependent on receiving surface water (SW) hardness; calculated criteria based on water hardness of 150 mg/L. (H) Data provided for total Chromium only; compare to hexavalent Chromium criteria. (J) Substance present in several isomer forms; isomer concentrations must be added together for comparison to criteria. (JT) Substance present in several isomer forms. The VIAP SL may be used for the individual isomer provided that it is sole isomer detected; however, when multiple isomers are detected in a medium, (L) Concentrations up to the State action level of 15 µg/L may still allow for DW use if soil concentrations are below 400 mg/Kg. (M) Calculated criterion is below the target detection limit (TDL); first number is the criterion (TDL), the second is the risk-based value. (M*) The VIAP SL may be below target detection limits (TDL). In accordance with Sec. 20120a(10) when the TDL for a hazardous substance is greater than the developed VIAP SL, the TDL is used to (S) Criterion defaults to the hazardous substance-specific water solubility limit. (W) Concentrations of trihalomethanes must be added together to determine compliance with the DWC. (X) Criterion is not protective for SW used as a DW source. (AA) Use 10,000 µg/L where GW enters a structure through the use of a water well, sump or other device. Use 28,000 µg/L for all other uses. (CC) Insufficient chemical-physical input parameters have been identified to allow the development of a VIAP SL using standard equations. The VIAP SL for GW is developed based solely on the approach that the department uses for shallow GW. If GW detections are present, soil vapor may be the most appropriate media to evaluate risk. (DD) Hazardous substance causes developmental effects. Residential VIAP SLs are protective of both prenatal exposure using a pregnant female receptor and postnatal exposure using a child receptor. Prenatal developmental effects may occur after an acute (i.e. short- term) or full-term exposure. (EE*) The acceptable air concentration (AAC) for the volatile hazardous substance is not derived using standard equations. The hazardous substance may cause adverse human health effects for less than chronic exposures (i.e. short-term or acute). The AAC for this hazardous substance is the acute or intermediate minimum risk level (MRL) developed by the Agency for Toxic Substances and Disease Registry (ATSDR), a USEPA Integrated Risk Information System (IRIS) acute reference concentration, or an acute initial (FF*) The AAC for the volatile hazardous substances are based on toxicity values that have been identified to have the potential to cause adverse human health effects for less than chronic exposures (i.e. short-term or acute). The short-term exposure for shallow groundwater VIAP SLs are based on modification of the standard equations by the department to develop applicable shallow groundwater VIAP SLs. (MM) Hazardous substance is a carcinogen with a mutagenic mode of action. The cancer potency values used in calculating VIAP SLs are modified using age-dependent adjustment factors for those carcinogenic chemicals identified as mutagenic. DWC drinking water criterion GSI groundwater surface water interface ID Insufficient data to develop criterion. NA not available NLV Not likely to volatilize under most conditions. SL screening level TX The Remediation and Redevelopment Division Toxicology Unit has not identified an inhalation toxicity value for the hazardous substance at the date of publication of these values. VIAIC volatilization to indoor air inhalation criteria VIAP volatilization to indoor air pathway \\ftch\allprojects\2020\201515\WORK\Rept\BEA\TBL02_DataSummary-GW-Res_2021_0114.xlsx Packet Page 196 1/19/2021 Table 1 - Soil Data Summary Direct Contact Evaluation 1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan August 2021 Sample Location: Soil Residential Nonresidential AP-SS-1 AP-SS-2 AP-SS-3 AP-SS-4 AP-SS-5 AP-SS-6 AP-SS-7 GSIP Laboratory ID: SDBL (1) Csat DWP SVIAI Inf. Source Finite VSIC - Finite VSIC - PSI DC Soil DWP Inf. Source Finite VSIC - Finite VSIC - PSI DC Soil 21H0909-01 21H0909-02 21H0909-03 21H0909-04 21H0909-05 21H0909-06 21H0909-07 Criteria (1) SVIAI Criteria (1) Collection Date: SL (1) Criteria (1) Criteria (1) VSIC (1) 5 MST (1) 2 MST (1) Criteria (1) Criteria (1) VIAP SL (2) Criteria (1) VSIC (1) 5 MST (1) 2 MST (1) Criteria (1) Criteria (1) VIAP SL (2) 08/20/21 08/20/21 08/20/21 08/20/21 08/20/21 08/20/21 08/20/21 Polynuclear Aromatic Compounds CAS Number 2-Methylnaphthalene 91-57-6 NA 4,200 NA 57,000 2.70E+06 1.50E+06 1.50E+06 1.50E+06 6.70E+08 8.10E+06 1,700 1.70E+05 4.90E+06 1.80E+06 1.80E+06 1.80E+06 2.90E+08 2.60E+07 30,000 330 UJ 330 UJ 330 U 330 U 330 U 330 U 440 UJ Acenaphthene 83-32-9 NA 8,700 NA 3.00E+05 1.90E+08 8.10E+07 8.10E+07 8.10E+07 1.40E+10 4.10E+07 2.00E+05 8.80E+05 3.50E+08 9.70E+07 9.70E+07 9.70E+07 6.20E+09 1.30E+08 3.60E+06 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Acenaphthylene 208-96-8 NA ID NA 5,900 1.60E+06 2.20E+06 2.20E+06 2.20E+06 2.30E+09 1.60E+06 DATA 17,000 3.00E+06 2.70E+06 2.70E+06 2.70E+06 1.00E+09 5.20E+06 DATA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Anthracene 120-12-7 NA ID NA 41,000 1.00E+09 1.40E+09 1.40E+09 1.40E+09 6.70E+10 2.30E+08 1.30E+07 41,000 1.00E+09 1.60E+09 1.60E+09 1.60E+09 2.90E+10 7.30E+08 2.20E+08 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Benzo(a)anthracene 56-55-3 NA NLL NA NLL NLV NLV NLV NLV ID 20,000 1.60E+05 (MM) NLL NLV NLV NLV NLV ID 80,000 1.10E+07 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Benzo(a)pyrene 50-32-8 NA NLL NA NLL NLV NLV NLV NLV 1.50E+06 2,000 NA NLL NLV NLV NLV NLV 1.90E+06 8,000 NA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Benzo(b)fluoranthene 205-99-2 NA NLL NA NLL ID ID ID ID ID 20,000 NA NLL ID ID ID ID ID 80,000 NA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Benzo(g,h,i)perylene 191-24-2 NA NLL NA NLL NLV NLV NLV NLV 8.00E+08 2.50E+06 NA NLL NLV NLV NLV NLV 3.50E+08 7.00E+06 NA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Benzo(k)fluoranthene 207-08-9 NA NLL NA NLL NLV NLV NLV NLV ID 2.00E+05 NA NLL NLV NLV NLV NLV ID 8.00E+05 NA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Chrysene 218-01-9 NA NLL NA NLL ID ID ID ID ID 2.00E+06 NA NLL ID ID ID ID ID 8.00E+06 NA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Dibenzo(a,h)anthracene 53-70-3 NA NLL NA NLL NLV NLV NLV NLV ID 2,000 NA NLL NLV NLV NLV NLV ID 8,000 NA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Fluoranthene 206-44-0 NA 5,500 NA 7.30E+05 1.00E+09 7.40E+08 7.40E+08 7.40E+08 9.30E+09 4.60E+07 NA 7.30E+05 1.00E+09 8.90E+08 8.80E+08 8.80E+08 4.10E+09 1.30E+08 NA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Fluorene 86-73-7 NA 5,300 NA 3.90E+05 5.80E+08 1.30E+08 1.30E+08 1.30E+08 9.30E+09 2.70E+07 4.70E+05 8.90E+05 1.00E+09 1.50E+08 1.50E+08 1.50E+08 4.10E+09 8.70E+07 8.30E+06 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Indeno(1,2,3-cd)pyrene 193-39-5 NA NLL NA NLL NLV NLV NLV NLV ID 20,000 NA NLL NLV NLV NLV NLV ID 80,000 NA 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Naphthalene 91-20-3 NA 730 NA 35,000 2.50E+05 3.00E+05 3.00E+05 3.00E+05 2.00E+08 1.60E+07 67 (M*) 1.00E+05 4.70E+05 3.50E+05 3.50E+05 3.50E+05 8.80E+07 5.20E+07 1,900 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Phenanthrene 85-01-8 NA 2,100 NA 56,000 2.80E+06 1.60E+05 1.60E+05 1.60E+05 6.70E+06 1.60E+06 1,700 1.60E+05 5.10E+06 1.90E+05 1.90E+05 1.90E+05 2.90E+06 5.20E+06 29,000 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Pyrene 129-00-0 NA ID NA 4.80E+05 1.00E+09 6.50E+08 6.50E+08 6.50E+08 6.70E+09 2.90E+07 2.50E+07 4.80E+05 1.00E+09 7.80E+08 7.80E+08 7.80E+08 2.90E+09 8.40E+07 4.40E+08 330 UJ 330 UJ 330 U 330 U 330 U 330 U 330 UJ Metals, Total CAS Number Arsenic (B) 7440-38-2 5,800 4,600 NA 4,600 NLV NLV NLV NLV 7.20E+05 7,600 NA 4,600 NLV NLV NLV NLV 9.10E+05 37,000 NA 5,500 J 2,000 U 2,000 U 2,000 U 12,000 5,100 2,000 U Barium (B) 7440-39-3 75,000 4.40E+05 (G) NA 1.30E+06 NLV NLV NLV NLV 3.30E+08 3.70E+07 NA 1.30E+06 NLV NLV NLV NLV 1.50E+08 1.30E+08 NA 14,000 15,000 11,000 15,000 16,000 22,000 8,200 Cadmium (B) 7440-43-9 1,200 3,600 (G,X) NA 6,000 NLV NLV NLV NLV 1.70E+06 5.50E+05 NA 6,000 NLV NLV NLV NLV 2.20E+06 2.10E+06 NA 200 U 200 U 470 250 360 1,700 200 U Chromium, Total (B, H) 7440-47-3 18,000 (total) 3,300 NA 30,000 NLV NLV NLV NLV 2.60E+05 2.50E+06 NA 30,000 NLV NLV NLV NLV 2.40E+05 9.20E+06 NA 27,000 6,800 39,000 19,000 570,000 62,000 13,000 Copper (B) 7440-50-8 32,000 75,000 (G) NA 5.80E+06 NLV NLV NLV NLV 1.30E+08 2.00E+07 NA 5.80E+06 NLV NLV NLV NLV 5.90E+07 7.30E+07 NA 56,000 J 10,000 31,000 15,000 400,000 98,000 15,000 Lead (B) 7439-92-1 21,000 5.10E+06 (G,X) NA 7.00E+05 NLV NLV NLV NLV 1.00E+08 4.00E+05 NA 7.00E+05 NLV NLV NLV NLV 4.40E+07 9.00E+05 NA 10,000 5,700 20,000 14,000 39,000 32,000 12,000 Mercury (Total) (B) 7439-97-6 130 50 (M); 1.2 NA 1,700 48,000 52,000 52,000 52,000 2.00E+07 1.60E+05 22 (M*) 1,700 89,000 62,000 62,000 62,000 8.80E+06 5.80E+05 390 (M*) 50 U 50 U 50 U 50 U 50 U 50 U 50 U Selenium (B) 7782-49-2 410 400 NA 4,000 NLV NLV NLV NLV 1.30E+08 2.60E+06 NA 4,000 NLV NLV NLV NLV 5.90E+07 9.60E+06 NA 640 630 2,600 670 10,000 3,600 730 Silver (B) 7440-22-4 1,000 100 (M); 27 NA 4,500 NLV NLV NLV NLV 6.70E+06 2.50E+06 NA 13,000 NLV NLV NLV NLV 2.90E+06 9.00E+06 NA 460 U 460 U 480 U 520 U 390 U 470 U 430 U Zinc (B) 7440-66-6 47,000 1.70E+05 (G) NA 2.40E+06 NLV NLV NLV NLV ID 1.70E+08 NA 5.00E+06 NLV NLV NLV NLV ID 6.30E+08 NA 20,000 14,000 99,000 50,000 94,000 140,000 26,000 Solids, Total (%) -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 93 91 95 95 97 91 95 Results expressed in µg/Kg dry weight. Bolded values exceed an applicable criterion. Italicized values are below Statewide Default Background Level but exceed an applicable criterion or screening level. Data Qualifiers: J Estimated value U Not detected Footnotes/Abbreviations: (1) Part 201 Soil Generic Cleanup Criteria and Screening Levels/Part 213 Risk-based Screening Levels, December 30, 2013 (GSI Criteria Updated June 25, 2018). (2) EGLE Volatilization to Indoor Air Pathway Screening Levels, September 4, 2020. (B) Background, as defined in R 299.5701(b), may be substituted if higher than the calculated criterion. (G) Criterion dependent on receiving surface water hardness; calculated criteria based on water hardness of 150 mg/L. (H) Data provided for total chromium only; evaluated against hexavalent Chromium criteria. (M) Calculated criterion is below the target detection limit (TDL); first number is the criterion (TDL), the second is the risk-based value. (M*) The VIAP SL may be below TDL. In accordance with Sec. 20120a(10) when the TDL for a hazardous substance is greater than the developed VIAP SL, the TDL is used to evaluate the risk posed from the pathway. (X) Criterion is not protective for surface water used as a drinking water source. (MM) Hazardous substance is a carcinogen with a mutagenic mode of action. The cancer potency values used in calculating VIAP SLs are modified using age-dependent adjustment factors for those carcinogenic chemicals identified as mutagenic. Csat saturation concentration DC direct contact DWP drinking water protection GSIP groundwater surface water interface protection ID Insufficient data to develop criterion. MST meter source thickness NA not available NLL Not likely to leach under most soil conditions. NLV Not likely to volatilize under most conditions. PSI particulate soil inhalation SDBL statewide default background levels SL screening level SVIAI soil volatilization to indoor air inhalation VIAP volatilization to indoor air pathway VSIC volatile soil inhalation criteria Packet Page 197 Table 1 - Soil Data Summary Direct Contact Evaluation 1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan August 2021 Sample Location: Soil Residential Nonresidential AP-SS-8 AP-SS-9 AP-SS-10 AP-SS-11 AP-SS-12 AP-SS-13 GSIP Laboratory ID: SDBL (1) Csat DWP SVIAI Inf. Source Finite VSIC - Finite VSIC - PSI DC Soil DWP Inf. Source Finite VSIC - Finite VSIC - PSI DC Soil 21H0909-08 21H0909-09 21H0909-10 21H0909-11 21H0909-12 21H0909-13 Criteria (1) SVIAI Criteria (1) Collection Date: SL (1) Criteria (1) Criteria (1) VSIC (1) 5 MST (1) 2 MST (1) Criteria (1) Criteria (1) VIAP SL (2) Criteria (1) VSIC (1) 5 MST (1) 2 MST (1) Criteria (1) Criteria (1) VIAP SL (2) 08/20/21 08/20/21 08/20/21 08/20/21 08/20/21 08/20/21 Polynuclear Aromatic Compounds CAS Number 2-Methylnaphthalene 91-57-6 NA 4,200 NA 57,000 2.70E+06 1.50E+06 1.50E+06 1.50E+06 6.70E+08 8.10E+06 1,700 1.70E+05 4.90E+06 1.80E+06 1.80E+06 1.80E+06 2.90E+08 2.60E+07 30,000 430 U 330 U 430 U 430 UJ 330 UJ 330 U Acenaphthene 83-32-9 NA 8,700 NA 3.00E+05 1.90E+08 8.10E+07 8.10E+07 8.10E+07 1.40E+10 4.10E+07 2.00E+05 8.80E+05 3.50E+08 9.70E+07 9.70E+07 9.70E+07 6.20E+09 1.30E+08 3.60E+06 330 U 330 U 330 U 330 UJ 330 UJ 330 U Acenaphthylene 208-96-8 NA ID NA 5,900 1.60E+06 2.20E+06 2.20E+06 2.20E+06 2.30E+09 1.60E+06 DATA 17,000 3.00E+06 2.70E+06 2.70E+06 2.70E+06 1.00E+09 5.20E+06 DATA 330 U 330 U 330 U 330 UJ 330 UJ 330 U Anthracene 120-12-7 NA ID NA 41,000 1.00E+09 1.40E+09 1.40E+09 1.40E+09 6.70E+10 2.30E+08 1.30E+07 41,000 1.00E+09 1.60E+09 1.60E+09 1.60E+09 2.90E+10 7.30E+08 2.20E+08 330 U 330 U 330 U 330 UJ 330 UJ 330 U Benzo(a)anthracene 56-55-3 NA NLL NA NLL NLV NLV NLV NLV ID 20,000 1.60E+05 (MM) NLL NLV NLV NLV NLV ID 80,000 1.10E+07 330 U 330 U 330 U 330 UJ 330 UJ 330 U Benzo(a)pyrene 50-32-8 NA NLL NA NLL NLV NLV NLV NLV 1.50E+06 2,000 NA NLL NLV NLV NLV NLV 1.90E+06 8,000 NA 330 U 330 U 330 U 330 UJ 330 UJ 330 U Benzo(b)fluoranthene 205-99-2 NA NLL NA NLL ID ID ID ID ID 20,000 NA NLL ID ID ID ID ID 80,000 NA 330 U 330 U 330 U 330 UJ 330 UJ 330 U Benzo(g,h,i)perylene 191-24-2 NA NLL NA NLL NLV NLV NLV NLV 8.00E+08 2.50E+06 NA NLL NLV NLV NLV NLV 3.50E+08 7.00E+06 NA 330 U 330 U 330 U 330 UJ 330 UJ 330 U Benzo(k)fluoranthene 207-08-9 NA NLL NA NLL NLV NLV NLV NLV ID 2.00E+05 NA NLL NLV NLV NLV NLV ID 8.00E+05 NA 330 U 330 U 330 U 330 UJ 330 UJ 330 U Chrysene 218-01-9 NA NLL NA NLL ID ID ID ID ID 2.00E+06 NA NLL ID ID ID ID ID 8.00E+06 NA 330 U 330 U 330 U 330 UJ 330 UJ 330 U Dibenzo(a,h)anthracene 53-70-3 NA NLL NA NLL NLV NLV NLV NLV ID 2,000 NA NLL NLV NLV NLV NLV ID 8,000 NA 330 U 330 U 330 U 330 UJ 330 UJ 330 U Fluoranthene 206-44-0 NA 5,500 NA 7.30E+05 1.00E+09 7.40E+08 7.40E+08 7.40E+08 9.30E+09 4.60E+07 NA 7.30E+05 1.00E+09 8.90E+08 8.80E+08 8.80E+08 4.10E+09 1.30E+08 NA 330 U 330 U 330 U 330 UJ 330 UJ 330 U Fluorene 86-73-7 NA 5,300 NA 3.90E+05 5.80E+08 1.30E+08 1.30E+08 1.30E+08 9.30E+09 2.70E+07 4.70E+05 8.90E+05 1.00E+09 1.50E+08 1.50E+08 1.50E+08 4.10E+09 8.70E+07 8.30E+06 330 U 330 U 330 U 330 UJ 330 UJ 330 U Indeno(1,2,3-cd)pyrene 193-39-5 NA NLL NA NLL NLV NLV NLV NLV ID 20,000 NA NLL NLV NLV NLV NLV ID 80,000 NA 330 U 330 U 330 U 330 UJ 330 UJ 330 U Naphthalene 91-20-3 NA 730 NA 35,000 2.50E+05 3.00E+05 3.00E+05 3.00E+05 2.00E+08 1.60E+07 67 (M*) 1.00E+05 4.70E+05 3.50E+05 3.50E+05 3.50E+05 8.80E+07 5.20E+07 1,900 330 U 330 U 330 U 330 UJ 330 UJ 330 U Phenanthrene 85-01-8 NA 2,100 NA 56,000 2.80E+06 1.60E+05 1.60E+05 1.60E+05 6.70E+06 1.60E+06 1,700 1.60E+05 5.10E+06 1.90E+05 1.90E+05 1.90E+05 2.90E+06 5.20E+06 29,000 330 U 330 U 330 U 330 UJ 330 UJ 330 U Pyrene 129-00-0 NA ID NA 4.80E+05 1.00E+09 6.50E+08 6.50E+08 6.50E+08 6.70E+09 2.90E+07 2.50E+07 4.80E+05 1.00E+09 7.80E+08 7.80E+08 7.80E+08 2.90E+09 8.40E+07 4.40E+08 330 U 330 U 330 U 330 UJ 330 UJ 330 U Metals, Total CAS Number Arsenic (B) 7440-38-2 5,800 4,600 NA 4,600 NLV NLV NLV NLV 7.20E+05 7,600 NA 4,600 NLV NLV NLV NLV 9.10E+05 37,000 NA 2,900 2,000 U 2,000 U 2,200 2,400 13,000 Barium (B) 7440-39-3 75,000 4.40E+05 (G) NA 1.30E+06 NLV NLV NLV NLV 3.30E+08 3.70E+07 NA 1.30E+06 NLV NLV NLV NLV 1.50E+08 1.30E+08 NA 17,000 4,300 7,500 9,400 10,000 16,000 Cadmium (B) 7440-43-9 1,200 3,600 (G,X) NA 6,000 NLV NLV NLV NLV 1.70E+06 5.50E+05 NA 6,000 NLV NLV NLV NLV 2.20E+06 2.10E+06 NA 400 200 U 200 U 570 240 5,200 Chromium, Total (B, H) 7440-47-3 18,000 (total) 3,300 NA 30,000 NLV NLV NLV NLV 2.60E+05 2.50E+06 NA 30,000 NLV NLV NLV NLV 2.40E+05 9.20E+06 NA 62,000 11,000 28,000 76,000 100,000 1,600,000 Copper (B) 7440-50-8 32,000 75,000 (G) NA 5.80E+06 NLV NLV NLV NLV 1.30E+08 2.00E+07 NA 5.80E+06 NLV NLV NLV NLV 5.90E+07 7.30E+07 NA 48,000 12,000 68,000 38,000 59,000 380,000 Lead (B) 7439-92-1 21,000 5.10E+06 (G,X) NA 7.00E+05 NLV NLV NLV NLV 1.00E+08 4.00E+05 NA 7.00E+05 NLV NLV NLV NLV 4.40E+07 9.00E+05 NA 25,000 4,200 8,300 16,000 18,000 240,000 Mercury (Total) (B) 7439-97-6 130 50 (M); 1.2 NA 1,700 48,000 52,000 52,000 52,000 2.00E+07 1.60E+05 22 (M*) 1,700 89,000 62,000 62,000 62,000 8.80E+06 5.80E+05 390 (M*) 50 U 50 U 50 U 50 U 50 U 140 Selenium (B) 7782-49-2 410 400 NA 4,000 NLV NLV NLV NLV 1.30E+08 2.60E+06 NA 4,000 NLV NLV NLV NLV 5.90E+07 9.60E+06 NA 3,700 4,400 1,300 2,700 560 U 1,200 Silver (B) 7440-22-4 1,000 100 (M); 27 NA 4,500 NLV NLV NLV NLV 6.70E+06 2.50E+06 NA 13,000 NLV NLV NLV NLV 2.90E+06 9.00E+06 NA 520 U 500 U 460 U 520 U 470 U 2,900 Zinc (B) 7440-66-6 47,000 1.70E+05 (G) NA 2.40E+06 NLV NLV NLV NLV ID 1.70E+08 NA 5.00E+06 NLV NLV NLV NLV ID 6.30E+08 NA 74,000 15,000 24,000 66,000 67,000 1,900,000 Solids, Total (%) -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 97 94 97 96 86 88 Results expressed in µg/Kg dry weight. Bolded values exceed an applicable criterion. Italicized values are below Statewide Default Background Level but exceed an applicable criterion or screening level. Data Qualifiers: J Estimated value U Not detected Footnotes/Abbreviations: (1) Part 201 Soil Generic Cleanup Criteria and Screening Levels/Part 213 Risk-based Screening Levels, December 30, 2013 (GSI Criteria Updated June 25, 2018). (2) EGLE Volatilization to Indoor Air Pathway Screening Levels, September 4, 2020. (B) Background, as defined in R 299.5701(b), may be substituted if higher than the calculated criterion. (G) Criterion dependent on receiving surface water hardness; calculated criteria based on water hardness of 150 mg/L. (H) Data provided for total chromium only; evaluated against hexavalent Chromium criteria. (M) Calculated criterion is below the target detection limit (TDL); first number is the criterion (TDL), the second is the risk-based value. (M*) The VIAP SL may be below TDL. In accordance with Sec. 20120a(10) when the TDL for a hazardous substance is greater than the developed VIAP SL, the TDL is used to evaluate the risk posed from the pathway. (X) Criterion is not protective for surface water used as a drinking water source. (MM) Hazardous substance is a carcinogen with a mutagenic mode of action. The cancer potency values used in calculating VIAP SLs are modified using age-dependent adjustment factors for those carcinogenic chemicals identified as mutagenic. Csat saturation concentration DC direct contact DWP drinking water protection GSIP groundwater surface water interface protection ID Insufficient data to develop criterion. MST meter source thickness NA not available NLL Not likely to leach under most soil conditions. NLV Not likely to volatilize under most conditions. PSI particulate soil inhalation SDBL statewide default background levels SL screening level SVIAI soil volatilization to indoor air inhalation VIAP volatilization to indoor air pathway VSIC volatile soil inhalation criteria Packet Page 198 Packet Page 199 Fishbeck | 1 of 2 Table 1 - Soil Data Summary Leestma Management, LLC, 1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan October 2022 Sample Location: APNSB-01 APNSB-02 APNSB-03 APNSB-04 APNSB-05 Field Blank Soil Statewide Finite VSIC Finite VSIC Particulate Depth Interval (ft): (2-4) (6-8) (1-3) (4.5-6.5) (4-6) Drinking Water Volatilization to Infinite Direct Soil Saturation Default GSIP for 5 Meter for 2 Meter Soil Soil Investigative/Field Duplicate/QC: Investigative Investigative Investigative Investigative Investigative QC Protection Indoor Air Source Contact Concentration Background Criteria (1) Source Source Inhalation VIAP SL (2) Laboratory ID: 22102086-07 22102086-08 22102086-09 22102086-10 22102086-11 22102086-12 Criteria (1) Inhalation VSIC (1) Criteria (1) SL (1) Levels (1) Thickness (1) Thickness (1) Criteria (1) Collection Date: 10/21/22 10/21/22 10/21/22 10/21/22 10/21/22 10/21/22 Criteria (1) Volatile Organic Compounds CAS Number 1,1,1,2-Tetrachloroethane 630-20-6 20 U 21 U 23 U 22 U 20 U 30 U NA 1,500 ID 6,200 36,000 54,000 1.00E+05 4.20E+08 4.80E+05 (C) 4.40E+05 3.2 (M*) 1,1,1-Trichloroethane 71-55-6 20 U 21 U 23 U 22 U 20 U 30 U NA 4,000 1,800 2.50E+05 3.80E+06 1.20E+07 2.80E+07 6.70E+10 5.00E+08 (C) 4.60E+05 450 (EE) 1,1,2,2-Tetrachloroethane 79-34-5 20 U 21 U 23 U 22 U 20 U 30 U NA 170 1,600 (X) 4,300 10,000 10,000 14,000 5.40E+07 53,000 8.70E+05 2.7 (M*) 1,1,2-Trichloro-1,2,2-trifluoroethane 76-13-1 20 U 21 U 23 U 22 U 20 U 30 U NA 9.00E+06 (C) 1,700 5.10E+06 (C) 1.80E+08 8.80E+08 2.10E+09 5.10E+12 1.00E+09 (C,D) 5.50E+05 860 1,1,2-Trichloroethane 79-00-5 20 U 21 U 23 U 22 U 20 U 30 U NA 100 6,600 (X) 4,600 17,000 21,000 44,000 1.90E+08 1.80E+05 9.20E+05 0.37 (M*) 1,1-Dichloroethane 75-34-3 20 U 21 U 23 U 22 U 20 U 30 U NA 18,000 15,000 2.30E+05 2.10E+06 5.90E+06 1.40E+07 3.30E+10 2.70E+07 (C) 8.90E+05 2.6 (M*) 1,1-Dichloroethene 75-35-4 20 U 21 U 23 U 22 U 20 U 30 U NA 140 2,600 62 1,100 5,300 13,000 6.20E+07 2.00E+05 5.70E+05 12 (M*) 1,2,3-Trichloropropane 96-18-4 20 U 21 U 23 U 22 U 20 U 30 U NA 840 NA 4,000 9,200 9,200 11,000 2.00E+07 1.30E+06 (C) 8.30E+05 2.6 (M*) 1,2,4-Trichlorobenzene 120-82-1 68 U 70 U 76 U 72 U 68 U 100 U NA 4,200 5,900 (X) 9.60E+06 (C) 2.80E+07 2.80E+07 2.80E+07 2.50E+10 9.90E+05 (DD) 1.10E+06 53 (M*) 1,2,4-Trimethylbenzene 95-63-6 20 U 21 U 23 U 22 U 20 U 30 U NA 2,100 570 4.30E+06 (C) 2.10E+07 5.00E+08 5.00E+08 8.20E+10 3.20E+07 (C) 1.10E+05 150 (JT) 1,2-Dibromo-3-chloropropane (DBCP) 96-12-8 68 U 70 U 76 U 72 U 68 U 100 U NA 10 (M); 4.0 ID 220 260 260 260 5.60E+05 4,400 (C) 1,200 DATA 1,2-Dibromoethane (EDB) 106-93-4 20 U 21 U 23 U 22 U 20 U 30 U NA 20 (M); 1.0 110 (X) 670 1,700 1,700 3,300 1.40E+07 92 8.90E+05 0.074 (M*) 1,2-Dichlorobenzene 95-50-1 20 U 21 U 23 U 22 U 20 U 30 U NA 14,000 280 1.10E+07 (C) 3.90E+07 3.90E+07 5.20E+07 1.00E+11 1.90E+07 (C) 2.10E+05 1,500 1,2-Dichloroethane 107-06-2 68 U 70 U 76 U 72 U 68 U 100 U NA 100 7,200 (X) 2,100 6,200 11,000 26,000 1.20E+08 91,000 1.20E+06 0.82 (M*) 1,2-Dichloropropane 78-87-5 20 U 21 U 23 U 22 U 20 U 30 U NA 100 4,600 (X) 4,000 25,000 50,000 1.10E+05 2.70E+08 1.40E+05 5.50E+05 2.1 (M*) 1,3,5-Trimethylbenzene 108-67-8 68 U 70 U 76 U 72 U 68 U 100 U NA 1,800 1,100 2.60E+06 (C) 1.60E+07 3.80E+08 3.80E+08 8.20E+10 3.20E+07 (C) 94,000 100 (JT) 1,3-Dichlorobenzene 541-73-1 20 U 21 U 23 U 22 U 20 U 30 U NA 170 680 26,000 79,000 79,000 1.10E+05 2.00E+08 2.00E+05 (C) 1.70E+05 10 (M*) 1,3-Dichloropropene, cis- 10061-01-5 20 U 21 U 23 U 22 U 20 U 30 U -- -- -- -- -- -- -- -- -- -- -- 1,3-Dichloropropene, trans- 10061-02-6 20 U 21 U 23 U 22 U 20 U 30 U -- -- -- -- -- -- -- -- -- -- -- 1,3-Dichloropropene (Total) 542-75-6 40 U 42 U 46 U 44 U 40 U 60 U NA 170 180 (X) 1,000 18,000 68,000 1.60E+05 7.80E+08 10,000 6.20E+05 3.1 (J,M*) 1,4-Dichlorobenzene 106-46-7 20 U 21 U 23 U 22 U 20 U 30 U NA 1,700 360 19,000 77,000 77,000 1.10E+05 4.50E+08 4.00E+05 NA 23 (M*) 2-Butanone (MEK) 78-93-3 140 U 140 U 150 U 140 U 140 U 200 U NA 2.60E+05 44,000 5.40E+07 (C) 2.90E+07 2.90E+07 3.50E+07 6.70E+10 1.20E+08 (C,DD) 2.70E+07 31,000 (DD*) 2-Hexanone 591-78-6 20 U 21 U 23 U 22 U 20 U 30 U NA 20,000 ID 9.90E+05 1.10E+06 1.10E+06 1.40E+06 2.70E+09 3.20E+07 (C) 2.50E+06 210 (M*) 2-Methylnaphthalene 91-57-6 68 U 70 U 36 J 44 J 68 U 100 U NA 57,000 4,200 2.70E+06 1.50E+06 1.50E+06 1.50E+06 6.70E+08 8.10E+06 NA 1,700 4-Methyl-2-pentanone (MIBK) 108-10-1 20 U 21 U 23 U 22 U 20 U 30 U NA 36,000 ID 3.70E+07 (C) 4.50E+07 4.50E+07 6.70E+07 1.40E+11 5.60E+07 (C) 2.70E+06 3,300 Acetone 67-64-1 140 170 76 U 170 180 340 NA 15,000 34,000 2.90E+08 (C) 1.30E+08 1.30E+08 1.90E+08 3.90E+11 2.30E+07 1.10E+08 2.60E+05 (EE) Acrylonitrile 107-13-1 68 U 70 U 76 U 72 U 68 U 100 U NA 100 (M); 52 100 (M); 40 6,600 5,000 5,100 10,000 4.60E+07 16,000 8.30E+06 1.2 (M*) Benzene 71-43-2 20 U 21 U 23 U 22 U 20 U 30 U NA 100 4,000 (X) 1,600 13,000 34,000 79,000 3.80E+08 1.80E+05 4.00E+05 1.7 (M*) Bromochloromethane 74-97-5 20 U 21 U 23 U 22 U 20 U 30 U -- -- -- -- -- -- -- -- -- --- -- Bromodichloromethane 75-27-4 20 U 21 U 23 U 22 U 20 U 30 U NA 1,600 (W) ID 1,200 9,100 9,700 19,000 8.40E+07 1.10E+05 1.50E+06 0.61 (M*) Bromoform 75-25-2 20 U 21 U 23 U 22 U 20 U 30 U NA 1,600 (W) ID 1.50E+05 9.00E+05 9.00E+05 9.00E+05 2.80E+09 8.20E+05 8.70E+05 45 (M*) Bromomethane 74-83-9 68 U 70 U 76 U 72 U 68 U 100 U NA 200 100 860 11,000 57,000 1.40E+05 3.30E+08 3.20E+05 2.20E+06 0.90 (M*) Carbon disulfide 75-15-0 20 U 21 U 23 U 22 U 20 U 30 U NA 16,000 ID 76,000 1.30E+06 7.90E+06 1.90E+07 4.70E+10 7.20E+06 (C,DD) 2.80E+05 52 (M*) Carbon tetrachloride 56-23-5 20 U 21 U 23 U 22 U 20 U 30 U NA 100 760 (X) 190 3,500 12,000 28,000 1.30E+08 96,000 3.90E+05 0.31 (M*) Chlorobenzene 108-90-7 20 U 21 U 23 U 22 U 20 U 30 U NA 2,000 500 1.20E+05 7.70E+05 9.90E+05 2.10E+06 4.70E+09 4.30E+06 (C) 2.60E+05 82 Chloroethane 75-00-3 68 U 70 U 76 U 72 U 68 U 100 U NA 8,600 22,000 (X) 2.90E+06 (C) 3.00E+07 1.20E+08 2.80E+08 6.70E+11 2.60E+06 (C) 9.50E+05 330 Chloroform 67-66-3 20 U 21 U 23 U 22 U 20 U 30 U NA 1,600 (W) 7,000 7,200 45,000 1.20E+05 2.70E+05 1.30E+09 1.20E+06 1.50E+06 0.26 (M*) Chloromethane 74-87-3 68 U 70 U 76 U 72 U 68 U 100 U NA 5,200 ID 2,300 40,000 4.10E+05 1.00E+06 4.90E+09 1.60E+06 (C) 1.10E+06 6.9 (M*) cis-1,2-Dichloroethene 156-59-2 20 U 21 U 23 U 22 U 20 U 30 U NA 1,400 12,000 22,000 1.80E+05 4.20E+05 9.90E+05 2.30E+09 2.50E+06 (C) 6.40E+05 2.1 (M*) Dibromochloromethane 124-48-1 20 U 21 U 23 U 22 U 20 U 30 U NA 1,600 (W) ID 3,900 24,000 24,000 33,000 1.30E+08 1.10E+05 6.10E+05 0.40 (M*,MM) Dibromomethane 74-95-3 20 U 21 U 23 U 22 U 20 U 30 U NA 1,600 NA ID ID ID ID ID 2.50E+06 (C) 2.00E+06 3.5 (M*) Dichlorodifluoromethane 75-71-8 68 U 70 U 76 U 72 U 68 U 100 U NA 95,000 ID 9.00E+05 5.30E+07 5.50E+08 1.40E+09 3.30E+12 5.20E+07 (C) 1.00E+06 12 (M*) Diethyl ether 60-29-7 20 U 21 U 23 U 22 U 20 U 30 U NA 200 ID 2.80E+07 (C) 8.50E+07 1.50E+08 3.40E+08 8.00E+11 1.10E+08 (C) 7.40E+06 350 Ethylbenzene 100-41-4 20 U 21 U 23 U 22 U 20 U 30 U NA 1,500 360 87,000 7.20E+05 1.00E+06 2.20E+06 1.00E+10 2.20E+07 (C) 1.40E+05 12 (M*) Hexachloroethane 67-72-1 68 U 70 U 76 U 72 U 68 U 100 U NA 430 1,800 (X) 40,000 5.50E+05 9.30E+05 9.30E+05 2.30E+08 2.30E+05 NA 3.2 (M*) Iodomethane 74-88-4 340 U 350 U 380 U 360 U 340 U 500 U -- -- -- -- -- -- -- -- -- -- -- Isopropyl benzene (Cumene) 98-82-8 20 U 21 U 23 U 22 U 20 U 30 U NA 91,000 3,200 4.00E+05 (C) 1.70E+06 1.70E+06 2.80E+06 5.80E+09 2.50E+07 (C) 3.90E+05 3.8 (M*) Methyl-tert-butyl ether (MTBE) 1634-04-4 20 U 21 U 23 U 22 U 20 U 30 U NA 800 1.40E+05 (X) 9.90E+06 (C) 2.50E+07 3.90E+07 8.70E+07 2.00E+11 1.50E+06 5.90E+06 74 (M*) Methylene chloride 75-09-2 170 U 170 U 190 U 180 U 170 U 250 U NA 100 30,000 (X) 45,000 2.10E+05 5.90E+05 1.40E+06 6.60E+09 1.30E+06 2.30E+06 130 n-Propylbenzene 103-65-1 20 U 21 U 23 U 22 U 20 U 30 U NA 1,600 ID ID ID ID ID 1.30E+09 2.50E+06 1.00E+07 1,800 (DD*) Naphthalene 91-20-3 68 U 70 U 76 U 89 68 U 100 U NA 35,000 730 2.50E+05 3.00E+05 3.00E+05 3.00E+05 2.00E+08 1.60E+07 NA 67 (M*) Styrene 100-42-5 20 U 21 U 23 U 22 U 20 U 30 U NA 2,700 2,100 (X) 2.50E+05 9.70E+05 9.70E+05 1.40E+06 5.50E+09 4.00E+05 5.20E+05 150 Tetrachloroethene (PCE) 127-18-4 20 U 21 U 23 U 22 U 20 U 30 U NA 100 1,200 (X) 11,000 1.70E+05 4.80E+05 1.10E+06 2.70E+09 2.00E+05 (C) 88,000 6.2 (M*,EE) Toluene 108-88-3 20 U 21 U 23 U 22 U 20 U 30 U NA 16,000 5,400 3.30E+05 (C) 2.80E+06 5.10E+06 1.20E+07 2.70E+10 5.00E+07 (C) 2.50E+05 3,700 trans-1,2-Dichloroethene 156-60-5 20 U 21 U 23 U 22 U 20 U 30 U NA 2,000 30,000 (X) 23,000 2.80E+05 8.30E+05 2.00E+06 4.70E+09 3.80E+06 (C) 1.40E+06 12 (M*) trans-1,4-Dichloro-2-butene 110-57-6 20 U 21 U 23 U 22 U 20 U 30 U -- -- -- -- -- -- -- -- -- -- -- Trichloroethene (TCE) 79-01-6 20 U 21 U 23 U 22 U 20 U 30 U NA 100 4,000 (X) 1,000 11,000 25,000 57,000 1.30E+08 1.10E+05 (DD) 5.00E+05 0.33 (M*,DD*) Trichlorofluoromethane 75-69-4 20 U 21 U 23 U 22 U 20 U 30 U NA 52,000 NA 2.80E+06 (C) 9.20E+07 6.30E+08 1.50E+09 3.80E+12 7.90E+07 (C) 5.60E+05 19 (M*) Vinyl acetate 108-05-4 170 U 170 U 190 U 180 U 170 U 250 U NA 13,000 NA 7.90E+05 1.70E+06 2.60E+06 5.80E+06 1.30E+10 5.80E+06 (C) 2.40E+06 160 (M*) Vinyl chloride 75-01-4 20 U 21 U 23 U 22 U 20 U 30 U NA 40 260 (X) 270 4,200 30,000 73,000 3.50E+08 3,800 4.90E+05 0.082 (M*,MM) Xylenes, meta- & para- 179601-23-1 41 U 42 U 46 U 43 U 41 U 60 U -- -- -- -- -- -- -- -- -- -- -- Xylene, ortho- 95-47-6 20 U 21 U 23 U 22 U 20 U 30 U -- -- -- -- -- -- -- -- -- -- -- Xylenes, Total 1330-20-7 61 U 63 U 68 U 65 U 61 U 90 U NA 5,600 980 6.30E+06 (C) 4.60E+07 6.10E+07 1.30E+08 2.90E+11 4.10E+08 (C) 1.50E+05 280 (J) Packet Page 200 II ESA_October 2022\TBL01_DataSummary-Soil_2022_10.xlsx Z:\2020\201515\WORK\Rept\Phase 11/22/2022 Fishbeck | 2 of 2 Table 1 - Soil Data Summary Leestma Management, LLC, 1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan October 2022 Sample Location: APNSB-01 APNSB-02 APNSB-03 APNSB-04 APNSB-05 Field Blank Soil Statewide Finite VSIC Finite VSIC Particulate Depth Interval (ft): (2-4) (6-8) (1-3) (4.5-6.5) (4-6) Drinking Water Volatilization to Infinite Direct Soil Saturation Default GSIP for 5 Meter for 2 Meter Soil Soil Investigative/Field Duplicate/QC: Investigative Investigative Investigative Investigative Investigative QC Protection Indoor Air Source Contact Concentration Background Criteria (1) Source Source Inhalation VIAP SL (2) Laboratory ID: 22102086-07 22102086-08 22102086-09 22102086-10 22102086-11 22102086-12 Criteria (1) Inhalation VSIC (1) Criteria (1) SL (1) Levels (1) Thickness (1) Thickness (1) Criteria (1) Collection Date: 10/21/22 10/21/22 10/21/22 10/21/22 10/21/22 10/21/22 Criteria (1) Polynuclear Aromatic Compounds CAS Number 2-Methylnaphthalene 91-57-6 4.4 U 47 U 4.6 U 4.5 U 62 U -- NA 57,000 4,200 2.70E+06 1.50E+06 1.50E+06 1.50E+06 6.70E+08 8.10E+06 NA 1,700 Acenaphthene 83-32-9 4.4 U 47 U 4.6 U 30 62 U -- NA 3.00E+05 8,700 1.90E+08 8.10E+07 8.10E+07 8.10E+07 1.40E+10 4.10E+07 NA 2.00E+05 Acenaphthylene 208-96-8 4.4 U 47 U 4.6 U 4.5 U 62 U -- NA 5,900 ID 1.60E+06 2.20E+06 2.20E+06 2.20E+06 2.30E+09 1.60E+06 NA DATA Anthracene 120-12-7 4.4 U 47 U 4.6 U 210 62 U -- NA 41,000 ID 1.00E+09 1.40E+09 1.40E+09 1.40E+09 6.70E+10 2.30E+08 NA 1.30E+07 Benzo(a)anthracene 56-55-3 8.3 47 U 4.6 U 230 65 -- NA NLL NLL NLV NLV NLV NLV ID 20,000 NA 1.60E+05 (MM) Benzo(a)pyrene 50-32-8 7.2 47 U 4.6 U 180 70 -- NA NLL NLL NLV NLV NLV NLV 1.50E+06 2,000 NA NA Benzo(b)fluoranthene 205-99-2 8.8 47 U 4.6 U 210 130 -- NA NLL NLL ID ID ID ID ID 20,000 NA NA Benzo(g,h,i)perylene 191-24-2 4.9 47 U 4.6 U 120 89 -- NA NLL NLL NLV NLV NLV NLV 8.00E+08 2.50E+06 NA NA Benzo(k)fluoranthene 207-08-9 5.7 47 U 4.6 U 110 61 J -- NA NLL NLL NLV NLV NLV NLV ID 2.00E+05 NA NA Chrysene 218-01-9 13 63 5.0 260 130 -- NA NLL NLL ID ID ID ID ID 2.00E+06 NA NA Dibenzo(a,h)anthracene 53-70-3 4.4 U 47 U 4.6 U 19 62 U -- NA NLL NLL NLV NLV NLV NLV ID 2,000 NA NA Fluoranthene 206-44-0 18 60 6.6 700 98 -- NA 7.30E+05 5,500 1.00E+09 7.40E+08 7.40E+08 7.40E+08 9.30E+09 4.60E+07 NA NA Fluorene 86-73-7 4.4 U 47 U 4.6 U 49 62 U -- NA 3.90E+05 5,300 5.80E+08 1.30E+08 1.30E+08 1.30E+08 9.30E+09 2.70E+07 NA 4.70E+05 Indeno(1,2,3-cd)pyrene 193-39-5 4.4 47 U 4.6 U 150 71 -- NA NLL NLL NLV NLV NLV NLV ID 20,000 NA NA Naphthalene 91-20-3 4.4 U 47 U 4.6 U 4.5 U 62 U -- NA 35,000 730 2.50E+05 3.00E+05 3.00E+05 3.00E+05 2.00E+08 1.60E+07 NA 67 (M*) Phenanthrene 85-01-8 4.4 U 47 U 4.6 U 620 62 U -- NA 56,000 2,100 2.80E+06 1.60E+05 1.60E+05 1.60E+05 6.70E+06 1.60E+06 NA 1,700 Pyrene 129-00-0 18 77 8.7 580 120 -- NA 4.80E+05 ID 1.00E+09 (D) 6.50E+08 6.50E+08 6.50E+08 6.70E+09 2.90E+07 NA 2.50E+07 Metals, Total CAS Number Arsenic (B) 7440-38-2 3,900 3,700 9,100 4,400 9,100 -- 5,800 4,600 4,600 NLV NLV NLV NLV 7.20E+05 7,600 NA NA Barium (B) 7440-39-3 9,500 18,000 J 9,200 7,000 14,000 -- 75,000 1.30E+06 4.40E+05 (G) NLV NLV NLV NLV 3.30E+08 3.70E+07 NA NA Cadmium (B) 7440-43-9 76 J 790 1,000 120 J 150 U -- 1,200 6,000 3,600 (G,X) NLV NLV NLV NLV 1.70E+06 5.50E+05 NA NA Chromium, Total (B, H) 7440-47-3 20,000 50,000 140,000 22,000 38,000 -- 18,000 (total) 30,000 3,300 NLV NLV NLV NLV 2.60E+05 2.50E+06 NA NA Copper (B) 7440-50-8 19,000 32,000 77,000 48,000 89,000 -- 32,000 5.80E+06 75,000 (G) NLV NLV NLV NLV 1.30E+08 2.00E+07 NA NA Lead (B) 7439-92-1 16,000 38,000 65,000 6,900 4,600 -- 21,000 7.00E+05 5.10E+06 (G,X) NLV NLV NLV NLV 1.00E+08 4.00E+05 NA NA Mercury (Total) (B) 7439-97-6 19 U 24 280 940 19 U -- 130 1,700 50 (M); 1.2 48,000 52,000 52,000 52,000 2.00E+07 1.60E+05 NA 22 (M*) Selenium (B) 7782-49-2 350 U 390 U 36,000 390 U 380 U -- 410 4,000 400 NLV NLV NLV NLV 1.30E+08 2.60E+06 NA NA Silver (B) 7440-22-4 350 U 62 J 410 69 J 380 U -- 1,000 4,500 100 (M); 27 NLV NLV NLV NLV 6.70E+06 2.50E+06 NA NA Zinc (B) 7440-66-6 19,000 30,000 290,000 15,000 7,000 -- 47,000 2.40E+06 1.70E+05 (G) NLV NLV NLV NLV ID 1.70E+08 NA NA Solids, Total (%) -- 93.4 91.1 89.0 90.3 92.8 -- -- -- -- -- -- -- -- -- -- -- -- Results expressed in µg/Kg dry weight. Bolded values exceed Statewide Default Background Level and an applicable criterion or screening level. Italicized values are below Statewide Default Background Level but exceed an applicable criterion or screening level. Underlined parameters are classified as Polynuclear Aromatic Compounds. Data Qualifiers: J Estimated value U Not detected Footnotes/Abbreviations: (1) Part 201 Residential Soil Generic Cleanup Criteria and Screening Levels/Part 213 Risk-based Screening Levels, December 30, 2013 (GSI Criteria Updated June 25, 2018). (2) EGLE Volatilization to Indoor Air Pathway Screening Levels, September 4, 2020. (B) Background, as defined in R 299.5701(b), may be substituted if higher than the calculated criterion. (C) Value is screening level based on the chemical-specific generic soil saturation concentration (Csat). (D) Calculated criterion exceeds 100 percent; hence it is reduced to 100 percent or 1.00E+09 parts per billion (ppb). (G) Criterion dependent on receiving surface water (SW) hardness; calculated criteria based on water hardness of 150 mg/L. (H) Data provided for total chromium only; evaluated against hexavalent chromium criteria. (J) Hazardous substance may be present in several isomer forms. Isomer-specific concentrations must be added together for comparison to criteria. (JT) Hazardous substance may be present in several isomer forms. The VIAP SL may be used for the individual isomer provided that it is the sole isomer detected; however, when multiple isomers are detected in a medium, the isomer-specific concentrations must be added together and compared to the most restrictive VIAP SL of the detected isomers. (M) Calculated criterion is below the target detection limit (TDL); first number is the criterion (TDL), the second is the risk-based value. (M*) The VIAP SL may be below TDL. In accordance with Sec. 20120a(10) when the TDL for a hazardous substance is greater than the developed VIAP SL, the TDL is used to evaluate the risk posed from the pathway. (W) Concentrations of trihalomethanes must be added together to determine compliance with criterion. (X) Criterion is not protective for SW used as a drinking water (DW) source. (DD) Hazardous substance causes developmental effects. Residential direct contact criteria are protective of both prenatal and postnatal exposure. (DD*) Hazardous substance causes developmental effects. Residential VIAP SLs are protective of both prenatal exposure using a pregnant female receptor and postnatal exposure using a child receptor. Prenatal developmental effects may occur after an acute (i.e. short- term) or full-term exposure. (EE) The acceptable air concentration (AAC) for the volatile hazardous substances is not derived using standard equations. The hazardous substance may cause adverse human health effects for less than chronic exposures (i.e. short-term or acute). The AAC for these hazardous substances is the acute or intermediate minimum risk level (MRL) developed by the Agency for Toxic Substances and Disease Registry (ATSDR), a USEPA Integrated Risk Information System (IRIS) acute reference concentration, or an acute initial threshold screening level (ITSL) by the EGLE’s Air Quality Division. (MM) Hazardous substance is a carcinogen with a mutagenic mode of action. The cancer potency values used in calculating VIAP SLs are modified using age-dependent adjustment factors for those carcinogenic chemicals identified as mutagenic. DATA Insufficient physical chemical parameters to calculate a VIAP SL for specified media. If detections are present in specified media, health-based soil vapor value should be used to evaluate risk. GSIP groundwater surface water interface protection ID Insufficient data to develop criterion. NA not available NLL Not likely to leach under most soil conditions. NLV Not likely to volatilize under most conditions. SL screening level VIAP volatilization to indoor air pathway VSIC volatile soil inhalation criteria Packet Page 201 II ESA_October 2022\TBL01_DataSummary-Soil_2022_10.xlsx Z:\2020\201515\WORK\Rept\Phase 11/22/2022 Fishbeck | 1 of 3 Table 2 - Groundwater Data Summary Leestma Management, LLC, 1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan October 2022 Monitoring Location: APNTW-01 APNTW-02 APNTW-03 APNTW-04 APNTW-05 Trip Blank Residential Flammability Residential GW- Residential GW- Depth Interval (ft): (6.5-11.5) (6-11) (7-12) (9.5-14.5) (7.5-12.5) Residential GSI Water Groundwater and Explosivity Shallow Not in Contact VIAP Laboratory ID: 22102086-01 22102086-02 22102086-03 22102086-04 22102086-05 22102086-06 DWC (1) Criteria (1) (1) Solubility (1) Collection Date: VIAIC SL (1) VIAP SL (2) SL (2) 10/21/22 10/21/22 10/21/22 10/21/22 10/21/22 10/21/22 Volatile Organic Compounds CAS Number 1,1,1,2-Tetrachloroethane 630-20-6 1U 1U 1U 1U 1U 1U 77 ID 15,000 1.10E+06 ID 3.1 89 1,1,1-Trichloroethane 71-55-6 1U 1U 1U 1U 1U 1U 200 (A) 89 6.60E+05 1.33E+06 ID 180 (FF*) 17,000 (EE*) 1,1,2,2-Tetrachloroethane 79-34-5 1U 1U 1U 1U 1U 1U 8.5 78 (X) 12,000 2.97E+06 ID 2.4 71 1,1,2-Trichloro-1,2,2-trifluoroethane 76-13-1 1U 1U 1U 1U 1U 1U 1.70E+05 (S) 32 1.70E+05 (S) 1.70E+05 ID 840 2,700 1,1,2-Trichloroethane 79-00-5 1U 1U 1U 1U 1U 1U 5.0 (A) 330 (X) 17,000 4.42E+06 NA 0.47 (M*) 14 1,1-Dichloroethane 75-34-3 1U 1U 1U 1U 1U 1U 880 740 1.00E+06 5.06E+06 3.80E+05 4.7 130 1,1-Dichloroethene 75-35-4 1U 1U 1U 1U 1U 1U 7.0 (A) 130 200 2.25E+06 97,000 18 330 1,2,3-Trichloropropane 96-18-4 1U 1U 1U 1U 1U 1U 42 NA 8,300 1.90E+06 NA 1.9 57 1,2,4-Trichlorobenzene 120-82-1 1U 1U 1U 1U 1U 1U 70 (A) 99 (X) 3.00E+05 (S) 3.00E+05 NA 3.8 (M*) 110 1,2,4-Trimethylbenzene 95-63-6 1U 1U 3.8 1U 1U 1U 63/1,000 (E) 17 56,000 (S) 55,890 56,000 (S) 25 (JT) 670 (JT) 1,2-Dibromo-3-chloropropane (DBCP) 96-12-8 1U 1U 1U 1U 1U 1U 0.20 (A) ID 220 1,230 NA 0.00045 (M*,MM) 0.00045 (CC*,M*,MM) 1,2-Dibromoethane (EDB) 106-93-4 1U 1U 1U 1U 1U 1U 0.050 (A) 5.7 (X) 2,400 4.20E+06 ID 0.13 3.8 1,2-Dichlorobenzene 95-50-1 1U 1U 1U 1U 1U 1U 600 (A) 13 1.60E+05 (S) 1.56E+05 NA 370 11,000 1,2-Dichloroethane 107-06-2 1U 1U 1U 1U 1U 1U 5.0 (A) 360 (X) 9,600 8.52E+06 2.50E+06 1.4 41 1,2-Dichloropropane 78-87-5 1U 1U 1U 1U 1U 1U 5.0 (A) 230 (X) 16,000 2.80E+06 5.50E+05 2.6 74 1,3,5-Trimethylbenzene 108-67-8 1U 1U 1.4 1U 1U 1U 72/1,000 (E) 45 61,000 (S) 61,150 ID 18 (JT) 470 (JT) 1,3-Dichlorobenzene 541-73-1 1U 1U 1U 1U 1U 1U 6.6 28 18,000 1.11E+05 ID 2.6 75 1,3-Dichloropropene, cis- 10061-01-5 1U 1U 1U 1U 1U 1U -- -- -- -- -- -- -- 1,3-Dichloropropene, trans- 10061-02-6 1U 1U 1U 1U 1U 1U -- -- -- -- -- -- -- 1,3-Dichloropropene (Total) (Calc.) 542-75-6 2U 2U 2U 2U 2U 2U 8.5 9.0 (X) 3,900 2.80E+06 1.30E+05 3.3 (J) 95 (J) 1,4-Dichlorobenzene 106-46-7 1U 1U 1U 1U 1U 1U 75 (A) 17 16,000 73,800 NA 5.9 170 2-Butanone (MEK) 78-93-3 2.2 J 5U 5U 5U 5U 2.0 J 13,000 2,200 2.40E+08 (S) 2.40E+08 ID 2,600 (DD) 4.30E+06 (DD) 2-Hexanone 591-78-6 5U 5U 5U 5U 5U 5U 1,000 ID 4.20E+06 1.60E+07 NA 660 20,000 2-Methylnaphthalene 91-57-6 25 U 77 43 28 5U 1.5 J 260 19 25,000 (S) 24,600 ID 66 2,000 4-Methyl-2-pentanone (MIBK) 108-10-1 1U 1U 1U 1U 1U 1U 1,800 ID 2.00E+07 (S) 2.00E+07 ID 660 20,000 Acetone 67-64-1 10 U 10 U 10 U 10 U 10 U 10 U 730 1,700 1.00E+09 (D,S) 1.00E+09 1.50E+07 50,000 (FF*) 50,000 Acrylonitrile 107-13-1 1U 1U 1U 1U 1U 1U 2.6 2.0 (M); 1.2 34,000 7.50E+07 6.40E+06 4.6 140 Benzene 71-43-2 1U 1U 3.7 1U 1U 1U 5.0 (A) 200 (X) 5,600 1.75E+06 68,000 1.0 28 Bromochloromethane 74-97-5 1U 1U 1U 1U 1U 1U -- -- -- -- -- -- -- Bromodichloromethane 75-27-4 1U 1U 1U 1U 1U 1U 80 (A,W) ID 4,800 6.74E+06 ID 1.2 34 Bromoform 75-25-2 1U 1U 1U 1U 1U 1U 80 (A,W) ID 4.70E+05 3.10E+06 ID 89 2,700 Bromomethane 74-83-9 1U 1U 1U 1U 1U 1U 10 5.0 (M); 4.2 4,000 1.45E+07 ID 2.1 (M*) 55 Carbon Disulfide 75-15-0 1U 1U 1.1 1U 1U 1U 800 ID 2.50E+05 1.19E+06 13,000 92 2,100 Carbon Tetrachloride 56-23-5 1U 1U 1U 1U 1U 1U 5.0 (A) 38 (X) 370 7.93E+05 ID 0.41 (M*) 7.7 Chlorobenzene 108-90-7 1U 1U 1U 1U 1U 1U 100 (A) 25 2.10E+05 4.72E+05 1.60E+05 33 940 Chloroethane 75-00-3 1U 1U 1U 1U 1U 4.6 430 1,100 (X) 5.70E+06 (S) 5.74E+06 1.10E+05 620 15,000 Chloroform 67-66-3 1U 1U 1U 1U 1U 1U 80 (A,W) 350 28,000 7.92E+06 ID 0.49 (M*) 14 Chloromethane 74-87-3 1U 1U 1U 1U 1U 1U 260 ID 8,600 6.34E+06 36,000 15 380 cis-1,2-Dichloroethene 156-59-2 1U 1U 1U 1U 1U 1U 70 (A) 620 93,000 3.50E+06 5.30E+05 3.4 95 Dibromochloromethane 124-48-1 1U 1U 1U 1U 1U 1U 80 (A,W) ID 14,000 2.60E+06 ID 0.78 (M*,MM) 23 (MM) Dibromomethane 74-95-3 1U 1U 1U 1U 1U 1U 80 NA ID 1.10E+07 ID 8.8 260 Dichlorodifluoromethane 75-71-8 1U 1U 1U 1U 1U 1U 1,700 ID 2.20E+05 3.00E+05 ID 13 49 Diethyl Ether 60-29-7 1U 1U 1U 1U 1U 1U 10/3,700 (E) ID 6.10E+07 (S) 6.10E+07 6.50E+05 1,200 36,000 Ethylbenzene 100-41-4 1U 1U 1U 1U 1U 1U 74/700 (E) 18 1.10E+05 1.69E+05 43,000 2.8 74 Hexachloroethane 67-72-1 1U 1U 1U 1U 1U 1U 7.3 6.7 (X) 27,000 50,000 ID 1.5 (M*) 43 Packet Page 202 Z:\2020\201515\WORK\Rept\Phase II ESA_October 2022\TBL02_DataSummary-GW_2022_10.xlsx 11/22/2022 Fishbeck | 2 of 3 Table 2 - Groundwater Data Summary Leestma Management, LLC, 1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan October 2022 Monitoring Location: APNTW-01 APNTW-02 APNTW-03 APNTW-04 APNTW-05 Trip Blank Residential Flammability Residential GW- Residential GW- Depth Interval (ft): (6.5-11.5) (6-11) (7-12) (9.5-14.5) (7.5-12.5) Residential GSI Water Groundwater and Explosivity Shallow Not in Contact VIAP Laboratory ID: 22102086-01 22102086-02 22102086-03 22102086-04 22102086-05 22102086-06 DWC (1) Criteria (1) (1) Solubility (1) (1) (2) (2) Collection Date: VIAIC SL VIAP SL SL 10/21/22 10/21/22 10/21/22 10/21/22 10/21/22 10/21/22 Iodomethane 74-88-4 5U 5U 5U 5U 5U 5U -- -- -- -- -- -- -- Isopropylbenzene (Cumene) 98-82-8 1U 1U 1U 1U 1U 1U 800 28 56,000 (S) 56,000 29,000 0.60 (M*) 15 Methyl tert-Butyl Ether (MTBE) 1634-04-4 1U 1U 1U 1U 1U 1U 40/240 (E) 7,100 (X) 4.70E+07 (S) 4.68E+07 ID 250 7,400 Methylene Chloride 75-09-2 5U 5U 5U 5U 5U 5U 5.0 (A) 1,500 (X) 2.20E+05 1.70E+07 ID 79 (FF*) 8,400 n-Propylbenzene 103-65-1 1U 1U 1U 1U 1U 1U 80 ID ID NA ID 43 (DD) 6,100 (DD) Naphthalene 91-20-3 25 U 57 22 12 5U 5U 520 11 31,000 (S) 31,000 NA 4.2 (M*) 130 Styrene 100-42-5 1U 1U 1U 1U 1U 1U 100 (A) 80 (X) 1.70E+05 3.10E+05 1.40E+05 33 960 Tetrachloroethene (PCE) 127-18-4 1U 1U 1U 1U 1U 1U 5.0 (A) 60 (X) 25,000 2.00E+05 ID 1.5 (FF*) 130 (EE*) Toluene 108-88-3 1U 1U 2.0 1U 1U 1U 790/1,000 (E) 270 5.30E+05 (S) 5.26E+05 61,000 300 (FF*) 41,000 trans-1,2-Dichloroethene 156-60-5 1U 1U 1U 1U 1U 1U 100 (A) 1,500 (X) 85,000 6.30E+06 2.30E+05 16 390 trans-1,4-Dichloro-2-butene 110-57-6 2U 2U 2U 2U 2U 2U -- -- -- -- -- -- -- Trichloroethene (TCE) 79-01-6 1U 1U 1U 1U 1U 1U 5.0 (A) 200 (X) 2,200 1.10E+06 ID 0.073 (M*,DD) 10 (DD) Trichlorofluoromethane 75-69-4 1U 1U 1U 1U 1U 1U 2,600 NA 1.10E+06 (S) 1.10E+06 ID 22 190 Vinyl Acetate 108-05-4 5U 5U 5U 5U 5U 5U 640 NA 4.10E+06 2.00E+07 1.80E+06 690 21,000 Vinyl Chloride 75-01-4 1U 1U 1U 1U 1U 1U 2.0 (A) 13 (X) 1,100 2.76E+06 33,000 0.12 (M*,MM) 2.1 (MM) Xylenes, meta- & para- 179601-23-1 2.4 2U 2U 2U 2U 2U -- -- -- -- -- -- -- Xylene, ortho- 95-47-6 1U 1U 1.0 1U 1U 1U -- -- -- -- -- -- -- Xylenes, Total 1330-20-7 2.4 J 3U 1.0 J 3U 3U 3U 280/10,000 (E) 49 1.90E+05 (S) 1.86E+05 70,000 75 (J) 2,000 (J) Polynuclear Aromatic Compounds CAS Number 2-Methylnaphthalene 91-57-6 5U 5U 120 U 3.9 J 5U -- 260 19 25,000 (S) 24,600 ID 66 2,000 Acenaphthene 83-32-9 1U 0.074 J 24 U 0.37 J 1U -- 1,300 38 4,200 (S) 4,240 ID 3,900 (S) 3,900 (S) Acenaphthylene 208-96-8 1U 1U 24 U 0.10 J 1U -- 52 ID 3,900 (S) 3,930 ID 65 65 (CC*) Anthracene 120-12-7 1U 0.087 J 24 U 0.045 J 1U -- 43 (S) ID 43 (S) 43.4 ID 43 (S) 43 (S) Benzo(a)anthracene 56-55-3 1U 0.36 J 24 U 0.14 J 1U -- 2.1 ID NLV 9.4 ID 9.4 (S,MM) 9.4 (S,MM) Benzo(a)pyrene 50-32-8 1U 0.43 J 24 U 0.18 J 1U -- 5.0 (A) ID NLV 1.62 ID NA NA Benzo(b)fluoranthene 205-99-2 1U 0.65 J 24 U 0.31 J 1U -- 1.5 (S,AA) ID ID 1.5 ID NA NA Benzo(g,h,i)perylene 191-24-2 1U 0.31 J 24 U 0.13 J 1U -- 1.0 (M); 0.26 (S) ID NLV 0.26 ID NA NA Benzo(k)fluoranthene 207-08-9 1U 0.28 J 24 U 1U 1U -- 1.0 (M); 0.80 (S) NA NLV 0.80 ID NA NA Chrysene 218-01-9 1U 0.54 J 24 U 0.27 J 1U -- 1.6 (S) ID ID 1.6 ID NA NA Dibenzo(a,h)anthracene 53-70-3 2U 2U 48 U 2U 2U -- 2.0 (M); 0.21 ID NLV 2.49 ID NA NA Fluoranthene 206-44-0 1U 0.79 J 24 U 0.26 J 1U -- 210 (S) 1.6 210 (S) 206 ID NA NA Fluorene 86-73-7 1U 1U 24 U 0.65 J 1U -- 880 12 2,000 (S) 1,980 ID 1,700 (S) 1,700 (S) Indeno(1,2,3-cd)pyrene 193-39-5 2U 0.32 J 48 U 2U 2U -- 2.0 (M); 0.022 (S) ID NLV 0.022 ID NA NA Naphthalene 91-20-3 1U 1U 24 U 2.5 1U -- 520 11 31,000 (S) 31,000 NA 4.2 (M*) 130 Phenanthrene 85-01-8 1U 0.21 J 24 U 0.76 J 1U -- 52 2.0 (M); 1.7 1,000 (S) 1,000 ID 9.5 290 Pyrene 129-00-0 1U 0.89 J 24 U 0.39 J 1U -- 140 (S) ID 140 (S) 135 ID 140 (S) 140 (S) Metals, Total CAS Number Arsenic 7440-38-2 1.0 J 8.2 J 28 J 8.6 J 6.1 -- 10 (A) 10 NLV NA ID NA NA Barium (B) 7440-39-3 37 210 250 180 70 -- 2,000 (A) 674 (G) NLV NA ID NA NA Cadmium (B) 7440-43-9 1U 2.4 J 10 U 2.5 J 1U -- 5.0 (A) 3.0 (G,X) NLV NA ID NA NA Chromium, Total (B,H) 7440-47-3 2.7 J 47 J 93 22 J 2.2 J -- 100 (A) 11 NLV NA ID NA NA Copper (B) 7440-50-8 1.6 J 71 140 60 1.3 J -- 1,000/1,400 (E) 13 (G) NLV NA ID NA NA Lead (B) 7439-92-1 0.58 J 200 150 88 0.54 J -- 4.0 (L) 34 (G,X) NLV NA ID NA NA Mercury (Total) (B) 7439-97-6 0.2 U 0.2 U 0.2 U 0.31 0.2 U -- 2.0 (A) 0.0013 56 (S) 56 ID 0.088 2.5 Selenium (B) 7782-49-2 5U 50 U 5.5 J 50 U 0.54 J -- 50 (A) 5.0 NLV NA ID NA NA Silver (B) 7440-22-4 0.84 U 8.4 U 6.3 J 8.4 U 0.84 U -- 34 0.20 (M); 0.060 NLV NA ID NA NA Zinc (B) 7440-66-6 3.9 J 96 J 280 660 12 J -- 2,400 167 (G) NLV NA ID NA NA Packet Page 203 Z:\2020\201515\WORK\Rept\Phase II ESA_October 2022\TBL02_DataSummary-GW_2022_10.xlsx 11/22/2022 Attachment D Reimbursement Agreement Packet Page 204 Packet Page 205 Packet Page 206 Packet Page 207 Packet Page 208 Packet Page 209 Packet Page 210 Packet Page 211 Packet Page 212 Packet Page 213 Packet Page 214 Packet Page 215 Packet Page 216 Packet Page 217 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 14, 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 Ave 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 218 Packet Page 219 Packet Page 220 Packet Page 221 Packet Page 222 Packet Page 223 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 14, 2023 Title: 2nd Quarter Budget Reforecast Submitted By: Kenneth D. Grant Department: Finance Brief Summary: At this time staff is asking for approval of the 2nd Quarter Budget Reforecast for the FY2022-23 budget year. Detailed Summary & Background: Summary: Staff has prepared the 2nd Quarter Budget Reforecast a memo outlining some of the highlights is attached and supporting documentation. Goal/Focus Area/Action Item Addressed: Amount Requested: Amount Budgeted: Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: To approve the 2nd Quarter FY2022-23 Budget Reforecast as presented. Approvals: Get approval from division head at a minimum Guest(s) Invited / prior to sending to the Clerk. Presenting Immediate Division Head Information Technology Other Division Heads Communication Yes Legal Review No For City Clerk Use Only: Commission Action: Packet Page 224 Memo To: City Commission From: Finance Director Date: 2/28/2023 Re: 2nd Quarter Budget Reforecast FY2022-23 - Highlights GENERAL FUND Revenues: Income Tax revenues continue to exceed expectations. So again, we are amending the revenue projection for the current fiscal year to $10,750,000. The original budget for this year was $9,300,000. The Marihuana excise tax payment was significantly larger than expected last year. This year we are scheduled to receive $622,095. Last year we received $451,627. This revenue is in our State grant fund 101-0000-540. Expenses: We had to increase Police and Fire salaries this quarter. Police salaries have been increased from $9,100,000 to $9,300,000. Fire salaries have been increased from $2,700,000 to $3,000,000. Both of Police and Fire increases are based on higher salaries and benefit costs along with overtime. The General Fund will need to transfer $450,000 to the Marina to eliminate the deficit. The General Fund will need to transfer an additional $185,000 to the Engineering Services Fund. Half way thru the fiscal year the General Fund revenues exceed expenditures by a little more than $3,000,000. We expect to have some significant expenditures in the second half of fiscal year. By the end of the fiscal year our expenditures and revenues will align closer to each other. Page 1 Packet Page 225 TRINITY HEALTH ARENA FUND The Arena Director has made some minor tweaks the Arena budget to better track revenue and expenditures. Last quarter, we requested that the General Fund transfer $350,000 to Arena. Based on revenue projects thru December 2022 the Arena will still have a deficit of $350,000 despite transfer request from the 1st quarter. Last year, the General Fund had to transfer $865,000 to the Arena. We may need to request additional funds in the 3rd Quarter. However, expect more revenue in the third quarter because the arena will be hosting more hockey, arena football, and inside soccer games. ENGINEERING SERVICES The Public Works Director has lowered the Interdepartmental Engineering Fees by $185,000 and is requesting that General Fund cover to lost in revenue with a transfer. MARINA FUND The Public Works Director has slightly increased the contractual services due to electrical rate increases. The Marina fund a $450,000 transfer from to General fund to eliminate the deficit balance. The deficit elimination plan has been filed with the State of Michigan. Page 2 Packet Page 226 02/13/2023 REVENUE AND EXPENDITURE REPORT FOR CITY OF MUSKEGON PERIOD ENDING 12/31/2022 THIS REPORT COMPARES CY ACTUAL REVENUES/EXPENSES WITH BUDGETED AMOUNTS AND WITH PRIOR YEAR ACTUALS 2022‐23 END BALANCE ORIGINAL YTD BALANCE YTD BALANCE 2022‐23 GL NUMBER DESCRIPTION 06/30/2022 BUDGET 12/31/2022 12/31/2021 AMENDED BUDGET Fund 101 ‐ GENERAL Revenues Dept 000 TAXES & SPECIAL ASSESSMENTS 101‐000‐402 PROPERTY TAX 5,955,859.48 6,275,000.00 0.00 508,720.80 6,275,000.00 101‐000‐432 IN LIEU OF TAX 126,266.30 132,022.00 0.00 0.00 132,022.00 101‐000‐436 PROPERTY TAX SANITATION 1,772,209.09 1,875,000.00 0.00 151,409.26 1,875,000.00 101‐000‐437 IFT/CFT TAX 155,353.45 175,000.00 0.00 0.00 175,000.00 101‐000‐438 INCOME TAX 10,002,623.19 9,300,000.00 5,248,369.41 4,189,913.88 10,750,000.00 101‐000‐451 SPECIAL ASSESSMENTS 252,816.20 200,000.00 20,546.50 29,594.45 200,000.00 TAXES & SPECIAL ASSESSMENTS 18,265,127.71 17,957,022.00 5,268,915.91 4,879,638.39 19,407,022.00 LICENSES & PERMITS 101‐000‐476‐004202 BUSINESS LICENSES & PERMITS 43,875.00 50,000.00 6,100.00 9,015.00 50,000.00 101‐000‐476‐004217 SHORT TERM RENTALS 9,110.00 10,000.00 3,040.00 1,430.00 10,000.00 101‐000‐476‐004642 LIEN LOOK UPS 16,806.00 12,000.00 6,690.00 8,886.00 12,000.00 101‐000‐477 CABLE TV LICENSES OR FEES 369,420.36 370,000.00 89,217.54 94,383.35 370,000.00 101‐000‐478 LIQUOR LICENSES & TAX REBATE 59,849.05 60,000.00 40,907.35 45,615.30 60,000.00 101‐000‐480‐004207 CEMETERY‐BURIAL PERMITS 69,200.00 75,000.00 32,610.00 36,840.00 75,000.00 101‐000‐480‐004649 CEMETERY‐MISC. INCOME 32,614.70 40,000.00 11,260.03 21,155.04 40,000.00 101‐000‐480‐004657 COLUMBARIUM NICHE 0.00 0.00 900.00 0.00 1,000.00 101‐000‐481 BUILDING PERMITS 755,346.47 810,000.00 539,289.60 388,012.72 810,000.00 101‐000‐482 ELECTRICAL PERMITS 172,505.81 195,000.00 91,404.75 86,874.81 195,000.00 101‐000‐483 PLUMBING PERMITS 87,561.70 105,000.00 49,062.25 45,924.50 105,000.00 101‐000‐484 HEATING PERMITS 130,774.78 146,000.00 64,939.07 65,336.76 146,000.00 101‐000‐486 RENTAL PROPERTY REGISTRATION 383,148.00 375,000.00 197,535.00 171,980.00 375,000.00 101‐000‐487 TEMPORARY LIQUOR LICENSE 5,205.00 5,000.00 2,253.75 1,210.00 5,000.00 101‐000‐488 MARIHUANA FACILITIES LICENSE 175,500.00 195,000.00 81,337.38 74,400.00 195,000.00 101‐000‐495 VACANT BUILDING FEE 24,585.00 30,000.00 2,700.00 23,085.00 30,000.00 101‐000‐684‐004800 MISC. & SUNDRY 324,396.36 12,000.00 36,472.64 8,302.43 100,000.00 LICENSES & PERMITS 2,659,898.23 2,490,000.00 1,255,719.36 1,082,450.91 2,579,000.00 FEDERAL GRANTS 101‐000‐502 FEDERAL GRANTS 291,918.20 250,000.00 60,777.02 120,403.47 250,000.00 FEDERAL GRANTS 291,918.20 250,000.00 60,777.02 120,403.47 250,000.00 STATE GRANTS 101‐000‐540 STATE GRANTS 463,596.16 460,000.00 49,608.75 7,998.24 630,000.00 101‐000‐542 STATE REPLACEMENT REV FOR PPT 928,806.35 900,000.00 0.00 0.00 900,000.00 STATE GRANTS 1,392,402.51 1,360,000.00 49,608.75 7,998.24 1,530,000.00 STATE SHARED 101‐000‐549 STATE CVTRS/EVIP PAYMENTS 1,195,945.00 1,315,540.00 211,283.00 199,324.00 1,315,540.00 101‐000‐574 STATE SALES TAX CONSTITUTIONAL 3,891,642.00 3,488,013.00 726,424.00 666,512.00 3,748,408.00 Packet Page 227 STATE SHARED 5,087,587.00 4,803,553.00 937,707.00 865,836.00 5,063,948.00 CHARGES FOR SERVICE 101‐000‐603 CITY SERVICE FOR ENTERPRISE FUNDS 530,519.04 530,519.00 265,259.52 265,259.52 530,519.00 101‐000‐604 TAX COLLECTION FEE 389,160.72 386,000.00 35,235.00 35,017.50 386,000.00 101‐000‐606‐004604 GARBAGE COLLECTION 63,290.89 50,000.00 35,726.16 5,146.18 50,000.00 101‐000‐614‐004617 REIMBURSEMENT INCOME 6,421.73 7,000.00 90.00 5,894.20 7,000.00 101‐000‐615‐004615 POLICE DEPARTMENT INCOME 219,741.56 210,000.00 34,687.42 49,693.63 210,000.00 101‐000‐615‐004648 FALSE ALARM FEES/POLICE 7,785.00 7,000.00 2,835.00 4,455.00 7,000.00 101‐000‐615‐004806 BIKE/PROPERTY AUCTIONS‐POLICE 4,872.49 500.00 1,100.00 296.49 1,100.00 101‐000‐616 FIRE PROTECTION‐STATE PROP 101,157.53 119,574.00 99,233.06 101,157.53 99,233.06 101‐000‐617 ZONING & ENCROACHMENT FEES 17,280.00 17,300.00 7,440.00 7,940.00 17,300.00 101‐000‐618‐004622 MISC. CLERK FEES 32,493.37 2,000.00 3,950.68 8,074.81 5,000.00 101‐000‐618‐004634 PASSPORTS 45,480.00 50,000.00 29,280.00 22,075.00 50,000.00 101‐000‐620‐004619 MISC. SALES AND SERVICES 33,531.50 22,000.00 35,479.88 9,695.50 40,000.00 101‐000‐620‐004660 MISC RECREATION INCOME 22,041.85 12,000.00 4,046.87 4,207.85 12,000.00 101‐000‐626‐004631 REIMBURSEMENT SCHOOL OFFICER 27,685.30 27,000.00 11,627.80 11,074.12 27,000.00 101‐000‐626‐004651 REIMBURSEMENT LOT MOWING 0.00 5,000.00 0.00 0.00 5,000.00 101‐000‐626‐004659 CODE ENFORCEMENT LABOR 25,783.00 30,000.00 20,825.00 16,089.00 30,000.00 101‐000‐626‐004666 SNOW PLOWING ‐DOWNTOWN BID 55,239.06 70,000.00 0.00 20,239.06 70,000.00 101‐000‐626‐004672 SAFEBUILT LOT MOWING 2,049.00 5,000.00 2,093.00 1,306.00 5,000.00 101‐000‐626‐004676 SAFEBUILT ‐ TRASH PICKUP 986.00 2,500.00 796.00 806.00 2,500.00 101‐000‐629 REIMBURSEMENT ELECTIONS 2,463.76 0.00 25.00 2,385.66 0.00 101‐000‐630 INDIRECT COST ALLOCATION 1,440,115.92 1,587,749.00 793,874.58 720,057.96 1,587,749.00 101‐000‐631 PROCUREMENT CARD REBATE 65,068.98 65,069.00 0.00 0.00 65,069.00 101‐000‐633 SPECIAL EVENTS REIMBURSEMENT 22,620.67 27,000.00 28,288.06 11,999.67 28,288.06 101‐000‐634 CEMETERY SALE OF LOTS 33,492.53 40,000.00 18,280.50 16,330.04 40,000.00 101‐000‐636 REIMBURSEMENT LOT CLEAN UP 0.00 2,000.00 0.00 0.00 2,000.00 101‐000‐640 TAX ABATEMENT APPLICATION FEES 7,280.00 14,400.00 50.00 5,050.00 14,400.00 101‐000‐642‐004652 MUSK HEIGHTS ZONING 2,310.00 15,000.00 0.00 2,310.00 15,000.00 101‐000‐642‐004654 FIRE RESPONSE FEE 4,500.00 10,000.00 2,000.00 2,000.00 10,000.00 101‐000‐643‐004625 MISC. TREAS. FEES 59,814.63 30,000.00 8,938.44 7,522.54 30,000.00 101‐000‐643‐004818 RECOVERY OF BAD DEBT 3,052.50 3,000.00 110.00 1,490.00 3,000.00 101‐000‐647‐004635 START UP CHARGE/REFUSE 8,476.00 7,000.00 3,465.00 3,190.00 7,000.00 101‐000‐647‐004636 REFUSE BAG & BULK SALES 40,364.85 30,000.00 19,416.00 19,408.85 30,000.00 101‐000‐647‐004637 APPLIANCE STICKER 0.00 100.00 0.00 0.00 100.00 101‐000‐647‐004638 MISC. SALES CHARGE/REFUSE 338,905.88 475,000.00 226,857.38 169,252.50 475,000.00 101‐000‐651 ADMINISTRATION FEES 309,999.84 310,000.00 154,999.92 154,999.92 310,000.00 101‐000‐652‐004644 DOWNTOWN PARKING 150.00 0.00 0.00 100.00 0.00 101‐000‐652‐004655 PAID PARKING ‐ BEACH 837,124.75 730,000.00 459,173.95 528,792.75 800,000.00 101‐000‐659‐004656 SITE PLAN REVIEW 10,900.00 10,000.00 5,000.00 7,900.00 10,000.00 101‐000‐659‐004658 IMPOUND FEES 37,902.66 40,000.00 16,215.00 18,102.66 40,000.00 101‐000‐659‐004679 CODE ENFORCEMENT ADMIN 24,773.00 30,000.00 15,146.00 16,383.00 30,000.00 101‐000‐667‐004669 SMITH RYERSON 25,971.50 15,000.00 7,866.75 10,696.25 15,000.00 101‐000‐667‐004670 PICNIC SHELTER 13,037.75 10,000.00 4,177.00 4,656.50 10,000.00 101‐000‐667‐004671 MCGRAFT PARK 92,841.39 65,000.00 112,468.86 77,099.94 140,000.00 101‐000‐667‐004673 RENTAL ‐ CENTRAL DISPATCH 353,578.91 480,708.00 236,829.15 248,918.90 480,708.00 101‐000‐667‐004674 RENTAL ‐ CITY HALL 25,450.14 15,000.00 12,346.66 11,103.48 15,000.00 101‐000‐667‐004677 RENT 2,000.00 0.00 0.00 2,000.00 0.00 101‐000‐671 LEASE BILLBOARDS 2,400.00 6,800.00 0.00 0.00 6,800.00 101‐000‐681 DOWNTOWN SOCIAL DISTRICT 79,102.05 100,000.00 35,550.00 66,952.05 100,000.00 101‐000‐692‐004661 LEASE GREAT LAKES NAVAL MEMORIAL 0.00 15,000.00 0.00 0.00 15,000.00 CHARGES FOR SERVICE 5,429,215.75 5,687,219.00 2,750,783.64 2,677,130.06 5,834,766.12 Packet Page 228 FINES & PENALTIES 101‐000‐607‐004758 CRITICAL DUNE FEES 10,504.60 5,500.00 0.00 3,300.00 5,500.00 101‐000‐607‐004759 STORM WATER FEES 6,000.00 10,000.00 18,000.00 4,000.00 25,000.00 101‐000‐608 COURT FEES 74,788.50 90,000.00 25,014.91 33,478.54 90,000.00 101‐000‐656 TRAFFIC FINES & FEES 249,725.00 250,000.00 106,256.50 183,312.00 250,000.00 101‐000‐657‐004702 DELINQUENT FEES 17,878.15 20,000.00 0.00 0.00 20,000.00 101‐000‐657‐004704 PENALTIES/INTEREST/FINES 13,827.83 13,400.00 8,688.27 6,991.14 13,400.00 101‐000‐657‐004706 LATE FEE ON INVOICES OVER 45 DAYS 3,949.00 6,000.00 1,971.00 2,144.00 6,000.00 101‐000‐657‐004708 LATE FEE ON RENTAL REGISTRATION 19,967.00 18,700.00 16,335.00 12,752.00 18,700.00 101‐000‐657‐004751 CIVIL INFRACTIONS 31,331.95 23,500.00 12,622.30 13,796.50 23,500.00 101‐000‐657‐004802 REIMB:DEMOS AND BOARD‐UPS 6,743.28 45,000.00 995.00 245.00 45,000.00 101‐000‐657‐004803 CDBG PROGRAM REIMBURSEMENTS 405,525.54 393,910.00 0.00 0.00 393,910.00 101‐000‐665‐004701 INCOME TAX‐PENALTY & INTEREST 189,868.32 230,000.00 145,882.35 75,450.17 230,000.00 101‐000‐665‐004970 INTEREST INCOME 254,523.70 100,000.00 252,355.22 35,919.10 325,000.00 FINES & PENALTIES 1,284,632.87 1,206,010.00 588,120.55 371,388.45 1,446,010.00 CONTRIBUTIONS & MISCELLANEOUS 101‐000‐645 FISHERMANS LANDING REIMBURSEMENT 28,038.77 25,000.00 0.00 0.00 25,000.00 101‐000‐674‐004805 CONTRIBUTIONS 132,348.63 130,000.00 3,875.51 103,920.64 130,000.00 101‐000‐674‐004821 CONTRIBUTIONS/GRANTS 87,773.00 75,000.00 0.00 54,500.00 75,000.00 101‐000‐674‐004825 CONTRIBUTIONS ‐ VETERAN'S PARK MAINT 16,888.58 18,500.00 0.00 40.00 18,500.00 101‐000‐674‐004828 DONATION ‐ POLICE DEPT 3,447.20 0.00 0.00 825.00 0.00 101‐000‐675 COMMUNITY FOUNDATION GRANT ‐ MCGRAFT PAR 10,690.93 10,000.00 0.00 0.00 10,885.00 101‐000‐677‐004808 SALE OF PROPERTY AND EQUIPMENT 356.48 0.00 0.00 0.00 0.00 101‐000‐678 GRANT: COMMUNITY FOUNDATION 0.00 25,534.00 0.00 0.00 25,534.00 101‐000‐683‐004816 CONTRIBUTIONS/MARIHUANA STREET LIGHTS 43,578.00 67,000.00 0.00 39,208.00 67,000.00 101‐000‐683‐004820 MARIHUANA CONTRIBUTIONS 2,000.00 12,000.00 11,000.00 0.00 12,000.00 101‐000‐689 CASH OVER/SHORT 3.70 0.00 0.00 3.70 0.00 CONTRIBUTIONS & MISCELLANEOUS 325,125.29 363,034.00 14,875.51 198,497.34 363,919.00 INTEREST & OPERATING TRANSFERS 101‐000‐669 GAIN ON INVESTMENT (918,391.50) 0.00 (423,621.56) (148,173.17) (450,000.00) 101‐000‐696‐004963 LOAN PROCEEDS 1,370,873.00 0.00 0.00 1,370,873.00 0.00 101‐000‐699 OPERATING TRANSFERS IN 6,123,548.66 4,105,000.00 2,772,257.05 25,000.02 4,706,500.00 INTEREST & OPERATING TRANSFERS 6,576,030.16 4,105,000.00 2,348,635.49 1,247,699.85 3,988,320.00 8,244,820.00 Total Dept 000 41,311,937.72 38,221,838.00 13,275,143.23 11,451,042.71 43,189,485.12 Dept 172 ‐ CITY MANAGER LICENSES & PERMITS 101‐172‐684‐004800 MISC. & SUNDRY 126.01 0.00 8.99 0.00 0.00 LICENSES & PERMITS 126.01 0.00 8.99 0.00 0.00 Total Dept 172 ‐ CITY MANAGER 126.01 0.00 8.99 0.00 0.00 Dept 202 ‐ FINANCE ADMINSTRATION LICENSES & PERMITS 101‐202‐684‐004800 MISC. & SUNDRY 174.70 0.00 26.57 0.00 0.00 LICENSES & PERMITS 174.70 0.00 26.57 0.00 0.00 Total Dept 202 ‐ FINANCE ADMINSTRATION 174.70 0.00 26.57 0.00 0.00 Packet Page 229 Dept 215 ‐ CITY CLERK LICENSES & PERMITS 101‐215‐684‐004800 MISC. & SUNDRY 146.99 0.00 18.01 0.00 0.00 LICENSES & PERMITS 146.99 0.00 18.01 0.00 0.00 Total Dept 215 ‐ CITY CLERK 146.99 0.00 18.01 0.00 0.00 Dept 265 ‐ CITY HALL MAINTENANCE LICENSES & PERMITS 101‐265‐684‐004800 MISC. & SUNDRY 33.05 0.00 4.51 0.00 0.00 LICENSES & PERMITS 33.05 0.00 4.51 0.00 0.00 Total Dept 265 ‐ CITY HALL MAINTENANCE 33.05 0.00 4.51 0.00 0.00 Dept 269 ‐ INSURANCE SERVICES LICENSES & PERMITS 101‐269‐684‐004800 MISC. & SUNDRY 39.59 0.00 5.40 0.00 0.00 LICENSES & PERMITS 39.59 0.00 5.40 0.00 0.00 Total Dept 269 ‐ INSURANCE SERVICES 39.59 0.00 5.40 0.00 0.00 Dept 301 ‐ FIRE INSPECTION SERVICES LICENSES & PERMITS 101‐301‐684‐004800 MISC. & SUNDRY 1,439.65 0.00 180.06 0.00 0.00 LICENSES & PERMITS 1,439.65 0.00 180.06 0.00 0.00 Total Dept 301 ‐ FIRE INSPECTION SERVICES 1,439.65 0.00 180.06 0.00 0.00 Dept 336 ‐ FIRE DEPARTMENT LICENSES & PERMITS 101‐336‐684‐004800 MISC. & SUNDRY 65.99 0.00 9.01 0.00 0.00 LICENSES & PERMITS 65.99 0.00 9.01 0.00 0.00 Total Dept 336 ‐ FIRE DEPARTMENT 65.99 0.00 9.01 0.00 0.00 Dept 387 ‐ FIRE INSPECTION SERVICES LICENSES & PERMITS 101‐387‐684‐004800 MISC. & SUNDRY 131.99 0.00 18.01 0.00 0.00 LICENSES & PERMITS 131.99 0.00 18.01 0.00 0.00 Total Dept 387 ‐ FIRE INSPECTION SERVICES 131.99 0.00 18.01 0.00 0.00 Dept 521 ‐ SANITATION LICENSES & PERMITS 101‐521‐684‐004800 MISC. & SUNDRY 13.17 0.00 1.79 0.00 0.00 LICENSES & PERMITS 13.17 0.00 1.79 0.00 0.00 Total Dept 521 ‐ SANITATION 13.17 0.00 1.79 0.00 0.00 Dept 701 ‐ PLANNING LICENSES & PERMITS 101‐701‐684 MISC. & SUNDRY 82.50 0.00 11.27 0.00 0.00 LICENSES & PERMITS 82.50 0.00 11.27 0.00 0.00 Packet Page 230 Total Dept 701 ‐ PLANNING 82.50 0.00 11.27 0.00 0.00 Dept 772 ‐ PAID BEACH PARKING LICENSES & PERMITS 101‐772‐684‐004800 MISC. & SUNDRY 0.52 0.00 0.00 0.00 0.00 LICENSES & PERMITS 0.52 0.00 0.00 0.00 0.00 Total Dept 772 ‐ PAID BEACH PARKING 0.52 0.00 0.00 0.00 0.00 TOTAL REVENUES 41,314,191.88 38,221,838.00 13,275,426.85 11,451,042.71 43,189,485.12 Expenditures Dept 101 ‐ CITY COMMISSION SALARIES & BENEFITS 101‐101‐702 BUDGETED SALARIES & BENEFITS 0.00 84,046.00 0.00 0.00 84,046.00 101‐101‐703 SALARY PERMANENT 13,954.97 0.00 6,737.06 6,315.05 0.00 101‐101‐705 TEMPORARY SALARY 48,774.88 0.00 24,550.96 23,006.54 0.00 101‐101‐708 VACATION PAY 3,097.67 0.00 345.25 300.83 0.00 101‐101‐709 LONGEVITY PAY 375.02 0.00 187.51 187.51 0.00 101‐101‐710 PERSONAL & OTHER LEAVE 122.68 0.00 56.95 55.83 0.00 101‐101‐711 HOLIDAY PAY 771.91 0.00 398.59 390.41 0.00 101‐101‐712 RETIREE HEALTHCARE ‐ GENERAL 5,486.96 0.00 2,590.05 2,390.89 0.00 101‐101‐714 MERS RETIREMENT SYSTEM 1,632.62 0.00 770.68 711.40 0.00 101‐101‐717 HEALTH INSURANCE 3,711.93 0.00 2,074.52 1,992.45 0.00 101‐101‐718 LIFE INSURANCE 64.73 0.00 35.86 32.92 0.00 101‐101‐719 DENTAL INSURANCE 234.16 0.00 126.12 126.06 0.00 101‐101‐721 DISABILITY INSURANCE 54.05 0.00 30.41 27.99 0.00 101‐101‐722 SOCIAL SECURITY 5,021.73 0.00 2,681.26 2,505.91 0.00 101‐101‐723 WORKERS' COMPENSATION 184.65 0.00 90.80 90.02 0.00 101‐101‐724 UNEMPLOYMENT 71.40 0.00 190.82 0.00 0.00 SALARIES & BENEFITS 83,559.36 84,046.00 40,866.84 38,133.81 84,046.00 SUPPLIES 101‐101‐727 BUDGETED SUPPLIES 0.00 9,880.00 349.45 0.00 9,880.00 101‐101‐728 OFFICE SUPPLIES 1,896.92 0.00 161.98 330.15 0.00 101‐101‐730 PUBLICATIONS & MEMBERSHIPS 140.00 0.00 10,237.50 140.00 0.00 SUPPLIES 2,036.92 9,880.00 10,748.93 470.15 9,880.00 OTHER EXPENSES 101‐101‐778 BUDGETED OTHER EXPENSES 0.00 13,870.00 530.44 0.00 13,870.00 101‐101‐861 CONFERENCE, TRAINING AND TRAVEL 1,134.98 0.00 5,195.84 868.98 0.00 OTHER EXPENSES 1,134.98 13,870.00 5,726.28 868.98 13,870.00 CONTRACTUAL SERVICES 101‐101‐801 CONTRACTUAL SERVICES 14,400.00 14,630.00 7,879.90 0.00 14,630.00 101‐101‐810 PUBLIC RELATIONS 3,140.02 0.00 246.90 1,003.44 0.00 101‐101‐902 PRINTING 438.60 0.00 105.40 69.10 0.00 101‐101‐903 ADVERTISING 5.00 0.00 66.19 0.00 0.00 CONTRACTUAL SERVICES 17,983.62 14,630.00 8,298.39 1,072.54 14,630.00 CAPITAL OUTLAYS Packet Page 231 101‐101‐971 BUDGETED CAPITAL OUTLAYS 0.00 3,534.00 0.00 0.00 3,534.00 101‐101‐980 COMPUTER HARDWARE & SOFTWARE 2,265.28 0.00 111.95 521.71 0.00 CAPITAL OUTLAYS 2,265.28 3,534.00 111.95 521.71 3,534.00 Total Dept 101 ‐ CITY COMMISSION 106,980.16 125,960.00 65,752.39 41,067.19 125,960.00 Dept 103 ‐ CITY PROMOTIONS & PUBLIC RELATIONS SUPPLIES 101‐103‐730 PUBLICATIONS & MEMBERSHIPS 10,000.00 0.00 0.00 0.00 0.00 101‐103‐749 MISCELLANEOUS MATERIAL & SUPPLIES 636.50 0.00 0.00 6,290.65 0.00 SUPPLIES 10,636.50 0.00 0.00 6,290.65 0.00 CONTRACTUAL SERVICES 101‐103‐801 CONTRACTUAL SERVICES 4,079.16 76,000.00 4,079.57 5,154.50 76,000.00 101‐103‐810 PUBLIC RELATIONS 50,366.50 0.00 74,086.30 27,606.71 0.00 101‐103‐902 PRINTING 0.00 0.00 0.00 63.60 0.00 101‐103‐903 ADVERTISING 1,599.80 0.00 50.00 1,579.80 0.00 CONTRACTUAL SERVICES 56,045.46 76,000.00 78,215.87 34,404.61 76,000.00 Total Dept 103 ‐ CITY PROMOTIONS & PUBLIC RELATIONS 66,681.96 76,000.00 78,215.87 40,695.26 76,000.00 Dept 172 ‐ CITY MANAGER SALARIES & BENEFITS 101‐172‐702 BUDGETED SALARIES & BENEFITS 0.00 518,971.00 0.00 0.00 518,971.00 101‐172‐703 SALARY PERMANENT 250,092.54 0.00 77,116.99 124,884.52 0.00 101‐172‐708 VACATION PAY 69,659.67 0.00 4,510.60 5,126.07 0.00 101‐172‐709 LONGEVITY PAY 1,713.44 0.00 600.00 862.49 0.00 101‐172‐710 PERSONAL & OTHER LEAVE 1,950.33 0.00 645.73 613.98 0.00 101‐172‐711 HOLIDAY PAY 12,508.91 0.00 4,222.49 6,411.74 0.00 101‐172‐712 RETIREE HEALTHCARE ‐ GENERAL 24,412.00 0.00 9,870.62 11,016.75 0.00 101‐172‐714 MERS RETIREMENT SYSTEM 43,359.18 0.00 8,360.78 19,265.55 0.00 101‐172‐717 HEALTH INSURANCE 11,830.86 0.00 8,710.31 5,977.19 0.00 101‐172‐718 LIFE INSURANCE 1,282.91 0.00 379.11 622.27 0.00 101‐172‐719 DENTAL INSURANCE 2,608.99 0.00 899.86 1,385.05 0.00 101‐172‐721 DISABILITY INSURANCE 868.28 0.00 292.61 324.15 0.00 101‐172‐722 SOCIAL SECURITY 22,668.79 0.00 6,957.62 8,576.32 0.00 101‐172‐723 WORKERS' COMPENSATION 4,382.94 0.00 1,433.00 2,126.02 0.00 101‐172‐724 UNEMPLOYMENT 185.47 0.00 122.90 0.00 0.00 SALARIES & BENEFITS 447,524.31 518,971.00 124,122.62 187,192.10 518,971.00 SUPPLIES 101‐172‐727 BUDGETED SUPPLIES 0.00 7,885.00 0.00 0.00 7,885.00 101‐172‐728 OFFICE SUPPLIES 312.22 0.00 62.50 251.15 0.00 101‐172‐730 PUBLICATIONS & MEMBERSHIPS 3,094.50 0.00 1,720.58 1,465.50 0.00 101‐172‐731 POSTAGE 246.77 0.00 20.82 179.30 0.00 SUPPLIES 3,653.49 7,885.00 1,803.90 1,895.95 7,885.00 OTHER EXPENSES 101‐172‐778 BUDGETED OTHER EXPENSES 0.00 9,120.00 0.00 0.00 9,120.00 101‐172‐861 CONFERENCE, TRAINING AND TRAVEL 15,900.70 0.00 5,986.27 10,242.19 0.00 OTHER EXPENSES 15,900.70 9,120.00 5,986.27 10,242.19 9,120.00 CONTRACTUAL SERVICES Packet Page 232 101‐172‐776 COPY MACHINE CHARGES 5,753.60 0.00 2,453.49 2,627.60 0.00 101‐172‐801 CONTRACTUAL SERVICES 12,800.00 34,580.00 496.68 0.00 34,580.00 101‐172‐810 PUBLIC RELATIONS 0.00 0.00 7,568.35 0.00 0.00 101‐172‐850 TELEPHONE 1,572.29 0.00 646.42 753.32 0.00 101‐172‐902 PRINTING 77.00 0.00 179.90 77.00 0.00 101‐172‐903 ADVERTISING 1,303.70 0.00 9,125.00 155.20 0.00 CONTRACTUAL SERVICES 21,506.59 34,580.00 20,469.84 3,613.12 34,580.00 CAPITAL OUTLAYS 101‐172‐971 BUDGETED CAPITAL OUTLAYS 0.00 8,740.00 0.00 0.00 8,740.00 101‐172‐979 OFFICE FURNITURE&EQUIPMENT 0.00 0.00 3,718.65 0.00 0.00 101‐172‐980 COMPUTER HARDWARE & SOFTWARE 2,413.82 0.00 4,243.91 228.00 0.00 101‐172‐985 OFFICE FURNITURE&EQUIPMENT REPAIR 0.00 0.00 4,131.88 0.00 0.00 CAPITAL OUTLAYS 2,413.82 8,740.00 12,094.44 228.00 8,740.00 Total Dept 172 ‐ CITY MANAGER 490,998.91 579,296.00 164,477.07 203,171.36 579,296.00 Dept 202 ‐ FINANCE ADMINSTRATION SALARIES & BENEFITS 101‐202‐702 BUDGETED SALARIES & BENEFITS 0.00 547,912.00 0.00 0.00 547,912.00 101‐202‐703 SALARY PERMANENT 296,742.04 0.00 141,039.54 137,626.45 0.00 101‐202‐707 OVERTIME 7,829.90 0.00 3,780.09 3,809.99 0.00 101‐202‐708 VACATION PAY 48,326.45 0.00 15,465.40 8,077.04 0.00 101‐202‐709 LONGEVITY PAY 1,350.00 0.00 750.00 600.00 0.00 101‐202‐710 PERSONAL & OTHER LEAVE 3,242.21 0.00 0.00 636.84 0.00 101‐202‐711 HOLIDAY PAY 15,757.53 0.00 14,141.19 8,234.11 0.00 101‐202‐712 RETIREE HEALTHCARE ‐ GENERAL 51,586.58 0.00 24,912.39 22,654.45 0.00 101‐202‐714 MERS RETIREMENT SYSTEM 18,701.08 0.00 10,804.91 9,155.74 0.00 101‐202‐717 RX CLAIMS (ACTIVE) 34,012.29 0.00 20,417.50 16,828.57 0.00 101‐202‐718 LIFE INSURANCE 1,404.18 0.00 811.61 706.27 0.00 101‐202‐719 DENTAL INSURANCE 3,435.82 0.00 1,922.37 1,773.56 0.00 101‐202‐721 DISABILITY INSURANCE 1,149.29 0.00 599.50 573.49 0.00 101‐202‐722 SOCIAL SECURITY 27,113.48 0.00 13,995.31 12,619.68 0.00 101‐202‐723 WORKERS' COMPENSATION 1,564.51 0.00 775.27 730.89 0.00 101‐202‐724 UNEMPLOYMENT 260.48 0.00 0.00 5.40 0.00 SALARIES & BENEFITS 512,475.84 547,912.00 249,415.08 224,032.48 547,912.00 SUPPLIES 101‐202‐727 BUDGETED SUPPLIES 0.00 3,325.00 0.00 0.00 3,325.00 101‐202‐728 OFFICE SUPPLIES 2,418.15 0.00 1,320.58 1,199.02 0.00 101‐202‐730 PUBLICATIONS & MEMBERSHIPS 410.00 0.00 0.00 410.00 0.00 101‐202‐731 POSTAGE 1,398.38 0.00 1,018.23 595.41 0.00 101‐202‐753 COMPUTER SUPPLIES 0.00 0.00 12.99 0.00 0.00 SUPPLIES 4,226.53 3,325.00 2,351.80 2,204.43 3,325.00 OTHER EXPENSES 101‐202‐778 BUDGETED OTHER EXPENSES 0.00 1,425.00 0.00 0.00 1,425.00 101‐202‐861 CONFERENCE, TRAINING AND TRAVEL 1,452.04 0.00 2,171.64 829.65 0.00 OTHER EXPENSES 1,452.04 1,425.00 2,171.64 829.65 1,425.00 CONTRACTUAL SERVICES 101‐202‐776 COPY MACHINE CHARGES 3,695.84 0.00 1,604.47 1,641.33 0.00 101‐202‐801 CONTRACTUAL SERVICES 31,949.28 90,250.00 7,151.34 11,261.50 90,250.00 Packet Page 233 101‐202‐803 AUDIT FEES 58,845.00 0.00 41,640.00 41,755.00 0.00 101‐202‐850 TELEPHONE 4,438.30 0.00 1,127.68 1,684.39 0.00 101‐202‐902 PRINTING 1,894.12 0.00 0.00 0.00 0.00 101‐202‐903 ADVERTISING 322.18 0.00 0.00 0.00 0.00 101‐202‐963 BANK CHARGES 20,498.42 0.00 337.85 9,222.81 0.00 CONTRACTUAL SERVICES 121,643.14 90,250.00 51,861.34 65,565.03 90,250.00 CAPITAL OUTLAYS 101‐202‐971 BUDGETED CAPITAL OUTLAYS 0.00 4,750.00 0.00 0.00 4,750.00 101‐202‐980 COMPUTER HARDWARE & SOFTWARE 2,745.85 0.00 12.86 1,011.21 0.00 CAPITAL OUTLAYS 2,745.85 4,750.00 12.86 1,011.21 4,750.00 Total Dept 202 ‐ FINANCE ADMINSTRATION 642,543.40 647,662.00 305,812.72 293,642.80 647,662.00 Dept 203 ‐ PENSION ADMINISTRATION SALARIES & BENEFITS 101‐203‐714 MERS RETIREMENT SYSTEM 2,908,506.48 3,393,940.00 1,327,898.64 1,454,253.24 3,393,940.00 SALARIES & BENEFITS 2,908,506.48 3,393,940.00 1,327,898.64 1,454,253.24 3,393,940.00 Total Dept 203 ‐ PENSION ADMINISTRATION 2,908,506.48 3,393,940.00 1,327,898.64 1,454,253.24 3,393,940.00 Dept 205 ‐ INCOME TAX SALARIES & BENEFITS 101‐205‐702 BUDGETED SALARIES & BENEFITS 0.00 315,054.00 0.00 0.00 315,054.00 101‐205‐703 SALARY PERMANENT 146,514.85 0.00 78,941.64 57,726.63 0.00 101‐205‐708 VACATION PAY 17,661.22 0.00 7,616.82 13,903.15 0.00 101‐205‐709 LONGEVITY PAY 1,050.00 0.00 600.00 450.00 0.00 101‐205‐710 PERSONAL & OTHER LEAVE 1,785.26 0.00 1,992.54 959.29 0.00 101‐205‐711 HOLIDAY PAY 8,024.48 0.00 4,721.63 3,641.40 0.00 101‐205‐712 RETIREE HEALTHCARE ‐ GENERAL 22,759.38 0.00 9,775.74 14,280.31 0.00 101‐205‐714 MERS RETIREMENT SYSTEM 13,976.81 0.00 9,357.51 6,033.78 0.00 101‐205‐717 RX CLAIMS (ACTIVE) 37,031.28 0.00 23,384.85 17,752.02 0.00 101‐205‐718 LIFE INSURANCE 505.59 0.00 313.16 240.90 0.00 101‐205‐719 DENTAL INSURANCE 3,128.63 0.00 1,771.47 1,613.23 0.00 101‐205‐721 DISABILITY INSURANCE 610.93 0.00 370.26 304.25 0.00 101‐205‐722 SOCIAL SECURITY 12,680.86 0.00 7,492.14 6,289.30 0.00 101‐205‐723 WORKERS' COMPENSATION 747.93 0.00 415.58 369.75 0.00 101‐205‐724 UNEMPLOYMENT 237.13 0.00 0.00 0.00 0.00 SALARIES & BENEFITS 266,714.35 315,054.00 146,753.34 123,564.01 315,054.00 SUPPLIES 101‐205‐727 BUDGETED SUPPLIES 0.00 13,300.00 0.00 0.00 13,300.00 101‐205‐728 OFFICE SUPPLIES 1,473.42 0.00 446.94 151.10 0.00 101‐205‐730 PUBLICATIONS & MEMBERSHIPS 40.00 0.00 0.00 0.00 0.00 101‐205‐731 POSTAGE 8,652.98 0.00 11,859.52 2,033.82 0.00 101‐205‐753 COMPUTER SUPPLIES 40.84 0.00 0.00 40.84 0.00 SUPPLIES 10,207.24 13,300.00 12,306.46 2,225.76 13,300.00 OTHER EXPENSES 101‐205‐778 BUDGETED OTHER EXPENSES 0.00 950.00 562.00 0.00 950.00 101‐205‐861 CONFERENCE, TRAINING AND TRAVEL 1,187.94 0.00 409.59 0.00 0.00 OTHER EXPENSES 1,187.94 950.00 971.59 0.00 950.00 Packet Page 234 CONTRACTUAL SERVICES 101‐205‐776 COPY MACHINE CHARGES 1,982.29 0.00 780.33 870.77 0.00 101‐205‐801 CONTRACTUAL SERVICES 115,486.93 95,000.00 36,298.84 48,871.55 95,000.00 101‐205‐850 TELEPHONE 817.44 0.00 510.00 425.00 0.00 101‐205‐902 PRINTING 4,534.75 0.00 2,204.87 0.00 0.00 CONTRACTUAL SERVICES 122,821.41 95,000.00 39,794.04 50,167.32 95,000.00 CAPITAL OUTLAYS 101‐205‐971 BUDGETED CAPITAL OUTLAYS 0.00 4,750.00 0.00 0.00 4,750.00 101‐205‐979 OFFICE FURNITURE&EQUIPMENT 149.97 0.00 81.16 0.00 0.00 101‐205‐980 COMPUTER HARDWARE & SOFTWARE 2,457.34 0.00 69.31 0.00 0.00 CAPITAL OUTLAYS 2,607.31 4,750.00 150.47 0.00 4,750.00 Total Dept 205 ‐ INCOME TAX 403,538.25 429,054.00 199,975.90 175,957.09 429,054.00 Dept 215 ‐ CITY CLERK SALARIES & BENEFITS 101‐215‐702 BUDGETED SALARIES & BENEFITS 0.00 568,971.00 0.00 0.00 568,971.00 101‐215‐703 SALARY PERMANENT 298,423.41 0.00 143,859.96 144,464.72 0.00 101‐215‐705 TEMPORARY SALARY 35,250.77 0.00 39,670.49 22,362.59 0.00 101‐215‐707 OVERTIME 12,956.87 0.00 9,722.05 5,793.72 0.00 101‐215‐708 VACATION PAY 27,303.86 0.00 8,929.25 5,409.41 0.00 101‐215‐709 LONGEVITY PAY 1,350.00 0.00 600.00 600.00 0.00 101‐215‐710 PERSONAL & OTHER LEAVE 3,395.83 0.00 1,373.87 1,811.90 0.00 101‐215‐711 HOLIDAY PAY 16,912.05 0.00 8,963.40 8,618.86 0.00 101‐215‐712 RETIREE HEALTHCARE ‐ GENERAL 41,086.34 0.00 21,050.47 19,872.74 0.00 101‐215‐714 MERS RETIREMENT SYSTEM 30,892.55 0.00 16,252.08 15,646.56 0.00 101‐215‐717 HEALTH INSURANCE 56,960.65 0.00 30,752.47 30,520.03 0.00 101‐215‐718 LIFE INSURANCE 1,276.70 0.00 700.58 654.05 0.00 101‐215‐719 DENTAL INSURANCE 5,105.14 0.00 2,660.24 2,784.62 0.00 101‐215‐721 DISABILITY INSURANCE 1,191.73 0.00 656.75 627.18 0.00 101‐215‐722 SOCIAL SECURITY 25,909.69 0.00 13,937.59 13,058.34 0.00 101‐215‐723 WORKERS' COMPENSATION 1,619.15 0.00 908.76 821.89 0.00 101‐215‐724 UNEMPLOYMENT 487.01 0.00 368.29 16.67 0.00 SALARIES & BENEFITS 560,121.75 568,971.00 300,406.25 273,063.28 568,971.00 SUPPLIES 101‐215‐727 BUDGETED SUPPLIES 0.00 74,214.00 800.83 0.00 74,214.00 101‐215‐728 OFFICE SUPPLIES 5,939.91 0.00 2,983.87 1,541.25 0.00 101‐215‐729 ELECTION SUPPLIES 27,086.87 0.00 17,039.44 25,158.35 0.00 101‐215‐730 PUBLICATIONS & MEMBERSHIPS 2,763.92 0.00 385.49 1,939.96 0.00 101‐215‐731 POSTAGE 17,788.84 0.00 23,757.43 5,759.80 0.00 101‐215‐760 CUSTODIAL SUPPLIES 368.05 0.00 0.00 153.45 0.00 101‐215‐900 PUBLICATIONS 1,910.93 0.00 0.00 0.00 0.00 SUPPLIES 55,858.52 74,214.00 44,967.06 34,552.81 74,214.00 OTHER EXPENSES 101‐215‐778 BUDGETED OTHER EXPENSES 0.00 11,210.00 0.00 0.00 11,210.00 101‐215‐861 CONFERENCE, TRAINING AND TRAVEL 9,215.77 0.00 867.38 4,312.97 0.00 OTHER EXPENSES 9,215.77 11,210.00 867.38 4,312.97 11,210.00 CONTRACTUAL SERVICES 101‐215‐776 COPY MACHINE CHARGES 5,065.57 0.00 4,215.20 1,860.53 0.00 Packet Page 235 101‐215‐801 CONTRACTUAL SERVICES 55,887.98 47,234.00 28,483.06 21,151.88 47,234.00 101‐215‐804 COMPUTER SERVICES 0.00 0.00 58.40 0.00 0.00 101‐215‐810 PUBLIC RELATIONS 6,392.37 0.00 0.00 6,394.71 0.00 101‐215‐850 TELEPHONE 3,647.53 0.00 2,080.66 1,624.42 0.00 101‐215‐902 PRINTING 7,913.16 0.00 0.00 0.00 0.00 101‐215‐903 ADVERTISING 210.00 0.00 0.00 210.00 0.00 101‐215‐963 BANK CHARGES 97.35 0.00 0.00 97.35 0.00 CONTRACTUAL SERVICES 79,213.96 47,234.00 34,837.32 31,338.89 47,234.00 CAPITAL OUTLAYS 101‐215‐971 BUDGETED CAPITAL OUTLAYS 0.00 4,275.00 0.00 0.00 4,275.00 101‐215‐979 OFFICE FURNITURE&EQUIPMENT 56.99 0.00 7,549.77 0.00 0.00 101‐215‐980 COMPUTER HARDWARE & SOFTWARE 4,993.03 0.00 39.48 1,016.42 0.00 101‐215‐983 EQUIPMENT REPAIR 136.24 0.00 0.00 0.00 0.00 CAPITAL OUTLAYS 5,186.26 4,275.00 7,589.25 1,016.42 4,275.00 Total Dept 215 ‐ CITY CLERK 709,596.26 705,904.00 388,667.26 344,284.37 705,904.00 Dept 228 ‐ INFORMATION SYSTEMS ADMINISTRATION SALARIES & BENEFITS 101‐228‐702 BUDGETED SALARIES & BENEFITS 0.00 458,530.00 0.00 0.00 458,530.00 101‐228‐703 SALARY PERMANENT 243,032.12 0.00 112,419.71 112,772.47 0.00 101‐228‐707 OVERTIME 12,029.90 0.00 3,780.10 4,710.00 0.00 101‐228‐708 VACATION PAY 75,500.08 0.00 2,391.64 23,152.44 0.00 101‐228‐709 LONGEVITY PAY 3,357.69 0.00 1,200.00 1,650.00 0.00 101‐228‐710 PERSONAL & OTHER LEAVE 2,207.13 0.00 542.09 0.00 0.00 101‐228‐711 HOLIDAY PAY 13,306.27 0.00 6,407.34 6,554.38 0.00 101‐228‐712 RETIREE HEALTHCARE ‐ GENERAL 93,455.29 0.00 34,857.25 36,871.07 0.00 101‐228‐714 MERS RETIREMENT SYSTEM 3,843.47 0.00 2,161.94 3,843.47 0.00 101‐228‐717 HEALTH INSURANCE 47,741.64 0.00 25,538.87 23,560.30 0.00 101‐228‐718 LIFE INSURANCE 1,273.81 0.00 570.35 661.63 0.00 101‐228‐719 DENTAL INSURANCE 2,747.89 0.00 1,292.70 1,476.00 0.00 101‐228‐721 DISABILITY INSURANCE 1,069.15 0.00 466.90 561.67 0.00 101‐228‐722 SOCIAL SECURITY 25,724.86 0.00 10,112.46 11,805.37 0.00 101‐228‐723 WORKERS' COMPENSATION 1,465.93 0.00 539.41 676.15 0.00 101‐228‐724 UNEMPLOYMENT 196.37 0.00 67.45 0.00 0.00 SALARIES & BENEFITS 526,951.60 458,530.00 202,348.21 228,294.95 458,530.00 SUPPLIES 101‐228‐727 BUDGETED SUPPLIES 0.00 950.00 0.00 0.00 950.00 101‐228‐728 OFFICE SUPPLIES 382.87 0.00 66.56 58.93 0.00 101‐228‐730 PUBLICATIONS & MEMBERSHIPS 36.00 0.00 0.00 16.00 0.00 101‐228‐749 MISCELLANEOUS MATERIAL & SUPPLIES 709.23 0.00 14.00 111.27 0.00 101‐228‐753 COMPUTER SUPPLIES 1,591.36 0.00 109.91 1,332.55 0.00 SUPPLIES 2,719.46 950.00 190.47 1,518.75 950.00 OTHER EXPENSES 101‐228‐778 BUDGETED OTHER EXPENSES 0.00 14,250.00 0.00 0.00 14,250.00 101‐228‐861 CONFERENCE, TRAINING AND TRAVEL 4,421.00 0.00 294.00 3,548.00 0.00 OTHER EXPENSES 4,421.00 14,250.00 294.00 3,548.00 14,250.00 CONTRACTUAL SERVICES 101‐228‐776 COPY MACHINE CHARGES 197.78 0.00 2.79 126.61 0.00 Packet Page 236 101‐228‐801 CONTRACTUAL SERVICES 28,491.26 32,300.00 11,918.81 14,839.31 46,300.00 101‐228‐804 COMPUTER SERVICES 21,197.05 0.00 21,822.00 21,123.00 0.00 101‐228‐850 TELEPHONE 7,445.42 0.00 1,210.94 5,535.47 0.00 101‐228‐963 BANK CHARGES 0.30 0.00 0.00 0.30 0.00 CONTRACTUAL SERVICES 57,331.81 32,300.00 34,954.54 41,624.69 46,300.00 CAPITAL OUTLAYS 101‐228‐971 BUDGETED CAPITAL OUTLAYS 0.00 123,500.00 0.00 0.00 123,500.00 101‐228‐979 OFFICE FURNITURE&EQUIPMENT 737.77 0.00 4,290.80 59.97 0.00 101‐228‐980 COMPUTER HARDWARE & SOFTWARE 59,770.22 0.00 65,009.90 17,716.78 0.00 CAPITAL OUTLAYS 60,507.99 123,500.00 69,300.70 17,776.75 123,500.00 Total Dept 228 ‐ INFORMATION SYSTEMS ADMINISTRATION 651,931.86 629,530.00 307,087.92 292,763.14 643,530.00 Dept 251 ‐ CONTINGENCY OTHER EXPENSES 101‐251‐778 BUDGETED OTHER EXPENSES 0.00 47,500.00 0.00 0.00 47,500.00 101‐251‐965 BAD DEBTS 34,305.05 0.00 0.00 0.00 0.00 OTHER EXPENSES 34,305.05 47,500.00 0.00 0.00 47,500.00 Total Dept 251 ‐ CONTINGENCY 34,305.05 47,500.00 0.00 0.00 47,500.00 Dept 252 ‐ CONTRIBUTIONS CONTRACTUAL SERVICES 101‐252‐801 BUDGETED CONTRACTUAL SERVICES 0.00 535,285.00 2,200.00 0.00 535,285.00 101‐252‐956 PAYING AGENT FEES/CONTRIBUTIONS 567,951.50 0.00 255,534.00 298,220.00 0.00 CONTRACTUAL SERVICES 567,951.50 535,285.00 257,734.00 298,220.00 535,285.00 Total Dept 252 ‐ CONTRIBUTIONS 567,951.50 535,285.00 257,734.00 298,220.00 535,285.00 Dept 253 ‐ CITY TREASURER SALARIES & BENEFITS 101‐253‐702 BUDGETED SALARIES & BENEFITS 0.00 411,592.00 0.00 0.00 411,592.00 101‐253‐703 SALARY PERMANENT 226,624.27 0.00 129,057.26 103,766.72 0.00 101‐253‐708 VACATION PAY 21,943.43 0.00 16,323.27 11,891.43 0.00 101‐253‐709 LONGEVITY PAY 1,650.00 0.00 900.00 900.00 0.00 101‐253‐710 PERSONAL & OTHER LEAVE 1,842.01 0.00 2,046.92 1,235.38 0.00 101‐253‐711 HOLIDAY PAY 12,896.84 0.00 7,541.89 6,881.94 0.00 101‐253‐712 RETIREE HEALTHCARE ‐ GENERAL 20,555.58 0.00 11,797.77 10,946.22 0.00 101‐253‐714 MERS RETIREMENT SYSTEM 20,486.43 0.00 13,196.18 11,166.63 0.00 101‐253‐717 HEALTH INSURANCE 74,610.89 0.00 38,843.37 44,246.31 0.00 101‐253‐718 LIFE INSURANCE 890.67 0.00 554.97 481.94 0.00 101‐253‐719 DENTAL INSURANCE 4,850.97 0.00 3,065.81 2,659.37 0.00 101‐253‐721 DISABILITY INSURANCE 1,009.10 0.00 640.21 549.84 0.00 101‐253‐722 SOCIAL SECURITY 19,716.76 0.00 12,472.23 10,611.36 0.00 101‐253‐723 WORKERS' COMPENSATION 1,126.87 0.00 681.44 592.50 0.00 101‐253‐724 UNEMPLOYMENT 374.97 0.00 63.23 5.40 0.00 SALARIES & BENEFITS 408,578.79 411,592.00 237,184.55 205,935.04 411,592.00 SUPPLIES 101‐253‐727 BUDGETED SUPPLIES 0.00 76,000.00 0.00 0.00 100,000.00 101‐253‐728 OFFICE SUPPLIES 3,688.72 0.00 1,475.58 1,630.48 0.00 101‐253‐730 PUBLICATIONS & MEMBERSHIPS 240.00 0.00 243.00 200.00 0.00 Packet Page 237 101‐253‐731 POSTAGE 71,521.46 0.00 48,304.26 31,099.82 0.00 SUPPLIES 75,450.18 76,000.00 50,022.84 32,930.30 100,000.00 OTHER EXPENSES 101‐253‐778 BUDGETED OTHER EXPENSES 0.00 1,900.00 0.00 0.00 1,900.00 101‐253‐861 CONFERENCE, TRAINING AND TRAVEL 1,464.55 0.00 45.00 689.00 0.00 OTHER EXPENSES 1,464.55 1,900.00 45.00 689.00 1,900.00 CONTRACTUAL SERVICES 101‐253‐776 COPY MACHINE CHARGES 1,850.36 0.00 610.04 880.58 0.00 101‐253‐801 CONTRACTUAL SERVICES 536.45 104,500.00 50.41 82.11 104,500.00 101‐253‐804 COMPUTER SERVICES 13,042.00 0.00 5,489.00 4,345.00 0.00 101‐253‐850 TELEPHONE 980.93 0.00 510.00 510.00 0.00 101‐253‐902 PRINTING 31,978.25 0.00 10,691.57 17,204.59 0.00 101‐253‐957 PARKING TICKET FEES 57,243.54 0.00 0.00 44,430.56 0.00 101‐253‐963 REFUNDS/RESALES 43,197.34 0.00 21,661.70 24,102.72 0.00 CONTRACTUAL SERVICES 148,828.87 104,500.00 39,012.72 91,555.56 104,500.00 CAPITAL OUTLAYS 101‐253‐971 BUDGETED CAPITAL OUTLAYS 0.00 2,850.00 0.00 0.00 3,300.00 101‐253‐980 COMPUTER HARDWARE & SOFTWARE 3,299.62 0.00 3,261.56 87.19 0.00 CAPITAL OUTLAYS 3,299.62 2,850.00 3,261.56 87.19 3,300.00 Total Dept 253 ‐ CITY TREASURER 637,622.01 596,842.00 329,526.67 331,197.09 621,292.00 Dept 257 ‐ CITY ASSESSOR SALARIES & BENEFITS 101‐257‐702 BUDGETED SALARIES & BENEFITS 0.00 2,678.00 0.00 0.00 2,678.00 101‐257‐705 TEMPORARY SALARY 1,080.00 0.00 420.00 120.00 0.00 101‐257‐722 SOCIAL SECURITY 64.26 0.00 22.95 9.18 0.00 101‐257‐723 WORKERS' COMPENSATION 4.64 0.00 1.68 0.52 0.00 101‐257‐724 UNEMPLOYMENT 6.89 0.00 2.98 0.08 0.00 SALARIES & BENEFITS 1,155.79 2,678.00 447.61 129.78 2,678.00 OTHER EXPENSES 101‐257‐861 CONFERENCE, TRAINING AND TRAVEL 156.21 0.00 0.00 0.00 0.00 OTHER EXPENSES 156.21 0.00 0.00 0.00 0.00 CONTRACTUAL SERVICES 101‐257‐801 CONTRACTUAL SERVICES 413,348.00 413,348.00 215,660.10 206,674.00 413,348.00 101‐257‐903 ADVERTISING 1,257.40 0.00 0.00 0.00 0.00 CONTRACTUAL SERVICES 414,605.40 413,348.00 215,660.10 206,674.00 413,348.00 Total Dept 257 ‐ CITY ASSESSOR 415,917.40 416,026.00 216,107.71 206,803.78 416,026.00 Dept 265 ‐ CITY HALL MAINTENANCE SALARIES & BENEFITS 101‐265‐702 BUDGETED SALARIES & BENEFITS 0.00 80,000.00 0.00 0.00 95,000.00 101‐265‐703 SALARY PERMANENT 61,725.13 0.00 30,406.02 31,870.14 0.00 101‐265‐707 OVERTIME 263.21 0.00 425.32 247.00 0.00 101‐265‐708 VACATION PAY 6,374.31 0.00 1,829.04 2,696.14 0.00 101‐265‐709 LONGEVITY PAY 300.03 0.00 187.53 150.02 0.00 101‐265‐710 PERSONAL & OTHER LEAVE 361.14 0.00 386.10 168.54 0.00 Packet Page 238 101‐265‐711 HOLIDAY PAY 2,727.15 0.00 1,645.13 1,531.12 0.00 101‐265‐712 RETIREE HEALTHCARE ‐ GENERAL 3,411.76 0.00 1,166.72 2,336.85 0.00 101‐265‐714 MERS RETIREMENT SYSTEM 6,282.45 0.00 3,362.17 3,443.04 0.00 101‐265‐717 HEALTH INSURANCE 6,832.47 0.00 3,273.10 4,608.36 0.00 101‐265‐718 LIFE INSURANCE 244.92 0.00 140.18 133.93 0.00 101‐265‐719 DENTAL INSURANCE 1,148.61 0.00 600.14 672.43 0.00 101‐265‐721 DISABILITY INSURANCE 227.16 0.00 124.44 130.48 0.00 101‐265‐722 SOCIAL SECURITY 5,303.57 0.00 2,836.54 2,939.78 0.00 101‐265‐723 WORKERS' COMPENSATION 3,368.36 0.00 1,642.32 1,931.86 0.00 101‐265‐724 UNEMPLOYMENT 75.17 0.00 0.00 0.00 0.00 SALARIES & BENEFITS 98,645.44 80,000.00 48,024.75 52,859.69 95,000.00 SUPPLIES 101‐265‐727 BUDGETED SUPPLIES 0.00 38,000.00 0.00 0.00 38,000.00 101‐265‐734 CLOTHING & UNIFORMS 114.23 0.00 128.47 0.00 0.00 101‐265‐741 TOOLS 2,235.97 0.00 351.41 1,590.41 0.00 101‐265‐749 MISCELLANEOUS MATERIAL & SUPPLIES 1,401.05 0.00 871.47 714.94 0.00 101‐265‐758 BUILDING SUPPLIES 10,340.25 0.00 12,322.32 4,645.91 0.00 101‐265‐760 CUSTODIAL SUPPLIES 7,998.35 0.00 6,704.70 4,004.37 0.00 101‐265‐762 EQUIPMENT SUPPLIES 2,814.28 0.00 485.16 2,814.28 0.00 101‐265‐767 SEEDING & PLANTING SUPPLIES 2,100.00 0.00 0.00 0.00 0.00 101‐265‐900 PUBLICATIONS 0.00 0.00 29.40 0.00 0.00 SUPPLIES 27,004.13 38,000.00 20,892.93 13,769.91 38,000.00 CONTRACTUAL SERVICES 101‐265‐776 COPY MACHINE CHARGES 193.52 0.00 3.98 126.34 0.00 101‐265‐801 CONTRACTUAL SERVICES 48,415.29 182,392.00 61,130.30 20,107.67 200,000.00 101‐265‐850 TELEPHONE 5,864.47 0.00 2,848.33 2,639.69 0.00 101‐265‐920 ELECTRICITY 108,233.27 0.00 53,397.10 52,226.44 0.00 101‐265‐921 HEAT 31,187.48 0.00 6,551.43 7,929.09 0.00 101‐265‐922 WATER & SEWER 9,378.90 0.00 2,738.03 5,601.46 0.00 101‐265‐944 VEHICLE RENTAL 5,991.00 0.00 3,318.00 2,995.50 0.00 CONTRACTUAL SERVICES 209,263.93 182,392.00 129,987.17 91,626.19 200,000.00 CAPITAL OUTLAYS 101‐265‐971 BUDGETED CAPITAL OUTLAYS 0.00 54,150.00 0.00 0.00 54,150.00 101‐265‐982 BUILDING PURCHASES&CONSTRUCTION 386.99 0.00 0.00 34.99 0.00 101‐265‐986 BUILDING REPAIR 29,887.81 0.00 13,576.69 10,897.65 0.00 CAPITAL OUTLAYS 30,274.80 54,150.00 13,576.69 10,932.64 54,150.00 Total Dept 265 ‐ CITY HALL MAINTENANCE 365,188.30 354,542.00 212,481.54 169,188.43 387,150.00 Dept 266 ‐ CITY ATTORNEY SUPPLIES 101‐266‐730 PUBLICATIONS & MEMBERSHIPS 0.00 0.00 990.00 0.00 0.00 SUPPLIES 0.00 0.00 990.00 0.00 0.00 CONTRACTUAL SERVICES 101‐266‐801 CONTRACTUAL SERVICES 2,813.00 420,000.00 0.00 2,030.00 420,000.00 101‐266‐802 LEGAL FEES 403,571.00 0.00 210,000.00 223,571.00 0.00 101‐266‐963 MISC. SERVICES & CHARGES 119,931.35 0.00 1,610.98 8,145.98 0.00 CONTRACTUAL SERVICES 526,315.35 420,000.00 211,610.98 233,746.98 420,000.00 Packet Page 239 Total Dept 266 ‐ CITY ATTORNEY 526,315.35 420,000.00 212,600.98 233,746.98 420,000.00 Dept 269 ‐ CIVIL SERVICE SALARIES & BENEFITS 101‐269‐702 BUDGETED SALARIES & BENEFITS 0.00 87,790.00 0.00 0.00 87,790.00 101‐269‐703 SALARY PERMANENT 43,394.84 0.00 22,460.31 20,416.41 0.00 101‐269‐708 VACATION PAY 7,422.14 0.00 363.19 992.75 0.00 101‐269‐709 LONGEVITY PAY 450.00 0.00 270.00 180.00 0.00 101‐269‐710 PERSONAL & OTHER LEAVE 260.17 0.00 209.50 260.17 0.00 101‐269‐711 HOLIDAY PAY 2,400.74 0.00 1,303.59 1,246.03 0.00 101‐269‐712 RETIREE HEALTHCARE ‐ GENERAL 16,154.16 0.00 8,274.11 7,645.07 0.00 101‐269‐713 RETIREE HEALTHCARE ‐ P&F 279.81 0.00 410.62 279.81 0.00 101‐269‐714 MERS RETIREMENT SYSTEM 4,799.90 0.00 2,457.92 2,268.26 0.00 101‐269‐717 HEALTH INSURANCE 4,364.62 0.00 3,198.79 2,544.04 0.00 101‐269‐718 LIFE INSURANCE 219.84 0.00 135.18 116.02 0.00 101‐269‐719 DENTAL INSURANCE 598.92 0.00 374.65 340.10 0.00 101‐269‐721 DISABILITY INSURANCE 177.21 0.00 99.63 91.88 0.00 101‐269‐722 SOCIAL SECURITY 4,130.91 0.00 2,367.39 2,020.78 0.00 101‐269‐723 WORKERS' COMPENSATION 322.69 0.00 251.37 202.17 0.00 101‐269‐724 UNEMPLOYMENT 40.47 0.00 0.00 0.00 0.00 SALARIES & BENEFITS 85,016.42 87,790.00 42,176.25 38,603.49 87,790.00 SUPPLIES 101‐269‐727 BUDGETED SUPPLIES 0.00 950.00 0.00 0.00 950.00 101‐269‐728 OFFICE SUPPLIES 336.57 0.00 304.92 285.28 0.00 101‐269‐730 PUBLICATIONS & MEMBERSHIPS 373.36 0.00 324.00 0.00 0.00 101‐269‐731 POSTAGE 0.00 0.00 6.53 0.00 0.00 101‐269‐753 COMPUTER SUPPLIES 9.11 0.00 0.00 0.00 0.00 SUPPLIES 719.04 950.00 635.45 285.28 950.00 OTHER EXPENSES 101‐269‐861 CONFERENCE, TRAINING AND TRAVEL 15,474.17 0.00 9,370.04 12,390.65 0.00 OTHER EXPENSES 15,474.17 0.00 9,370.04 12,390.65 0.00 CONTRACTUAL SERVICES 101‐269‐801 CONTRACTUAL SERVICES 108,433.50 142,500.00 40,197.68 41,847.50 142,500.00 101‐269‐809 MEDICAL SERVICES 26,121.11 0.00 11,010.10 10,382.61 0.00 101‐269‐850 TELEPHONE 480.78 0.00 189.18 254.70 0.00 CONTRACTUAL SERVICES 135,035.39 142,500.00 51,396.96 52,484.81 142,500.00 CAPITAL OUTLAYS 101‐269‐971 BUDGETED CAPITAL OUTLAYS 0.00 0.00 (787.15) 0.00 0.00 CAPITAL OUTLAYS 0.00 0.00 (787.15) 0.00 0.00 Total Dept 269 ‐ CIVIL SERVICE 236,245.02 231,240.00 102,791.55 103,764.23 231,240.00 Dept 272 ‐ INSURANCE SERVICES CONTRACTUAL SERVICES 101‐272‐726 OTHER INSURANCE&BONDS 450,719.16 407,941.00 250,000.00 0.00 750,000.00 CONTRACTUAL SERVICES 450,719.16 407,941.00 250,000.00 0.00 750,000.00 Total Dept 272 ‐ INSURANCE SERVICES 450,719.16 407,941.00 250,000.00 0.00 750,000.00 Packet Page 240 Dept 301 ‐ POLICE DEPARTMENT SALARIES & BENEFITS 101‐301‐702 BUDGETED SALARIES & BENEFITS 0.00 9,100,000.00 0.00 0.00 9,300,000.00 101‐301‐703 SALARY PERMANENT 4,978,738.11 0.00 2,346,059.08 2,292,852.85 0.00 101‐301‐704 COURT TIME 2,377.96 0.00 1,734.00 847.96 0.00 101‐301‐705 TEMPORARY SALARY 66,701.18 0.00 35,389.82 33,915.37 0.00 101‐301‐707 OVERTIME 550,031.50 0.00 422,268.66 376,343.30 0.00 101‐301‐708 VACATION PAY 711,051.17 0.00 260,974.24 224,242.99 0.00 101‐301‐709 LONGEVITY PAY 39,040.52 0.00 17,170.88 20,425.00 0.00 101‐301‐710 PERSONAL & OTHER LEAVE 157,698.86 0.00 52,612.34 49,877.48 0.00 101‐301‐711 HOLIDAY PAY 152,527.60 0.00 74,471.24 82,995.13 0.00 101‐301‐712 RETIREE HEALTHCARE ‐ GENERAL 194,667.46 0.00 52,499.98 70,057.72 0.00 101‐301‐713 RETIREE HEALTHCARE ‐ P&F 897,548.20 0.00 732,187.20 468,672.33 0.00 101‐301‐714 MERS RETIREMENT SYSTEM 511,342.68 0.00 93,212.66 253,628.77 0.00 101‐301‐717 RX CLAIMS (ACTIVE) 696,857.47 0.00 367,042.06 388,922.51 0.00 101‐301‐718 LIFE INSURANCE 21,461.28 0.00 12,366.76 11,134.21 0.00 101‐301‐719 DENTAL INSURANCE 72,512.92 0.00 38,696.23 38,903.04 0.00 101‐301‐721 DISABILITY INSURANCE 17,676.83 0.00 10,489.69 8,893.46 0.00 101‐301‐722 SOCIAL SECURITY 144,392.11 0.00 70,870.20 73,862.54 0.00 101‐301‐723 WORKERS' COMPENSATION 169,874.55 0.00 88,877.24 86,842.77 0.00 101‐301‐724 UNEMPLOYMENT 6,057.95 0.00 556.29 64.27 0.00 101‐301‐725 EDUCATION INCENTIVE PAY 38,250.00 0.00 38,000.00 38,250.00 0.00 SALARIES & BENEFITS 9,428,808.35 9,100,000.00 4,715,478.57 4,520,731.70 9,300,000.00 SUPPLIES 101‐301‐727 BUDGETED SUPPLIES 0.00 130,430.00 0.00 0.00 130,430.00 101‐301‐728 OFFICE SUPPLIES 6,766.45 0.00 4,268.58 3,583.08 0.00 101‐301‐730 PUBLICATIONS & MEMBERSHIPS 12,460.75 0.00 1,758.50 9,543.84 0.00 101‐301‐731 POSTAGE 6,957.67 0.00 3,509.51 1,310.23 0.00 101‐301‐732 AMMUNITION 21,508.44 0.00 8,537.18 15,627.68 0.00 101‐301‐734 CLOTHING & UNIFORMS 55,820.71 0.00 30,582.28 23,606.00 0.00 101‐301‐739 TESTING SUPPLIES 4,977.37 0.00 4,223.95 2,340.85 0.00 101‐301‐745 MOTOR FUEL & LUBRICANTS 25.00 0.00 30.00 25.00 0.00 101‐301‐748 MEDICAL SUPPLIES 2,719.45 0.00 878.99 1,719.03 0.00 101‐301‐749 MISCELLANEOUS MATERIAL & SUPPLIES 12,979.26 0.00 14,353.55 3,318.63 0.00 101‐301‐752 PHOTOGRAPHIC SUPPLIES 2,738.10 0.00 0.00 0.00 0.00 101‐301‐753 COMPUTER SUPPLIES 2,826.36 0.00 70.87 2,807.81 0.00 101‐301‐756 REPAIR SUPPLIES 49.98 0.00 0.00 0.00 0.00 101‐301‐762 EQUIPMENT SUPPLIES 18,277.15 0.00 36,285.00 18,263.16 0.00 101‐301‐769 COMMUNICATIONS SUPPLIES 3,000.00 0.00 3,000.00 3,000.00 0.00 SUPPLIES 151,106.69 130,430.00 107,498.41 85,145.31 130,430.00 OTHER EXPENSES 101‐301‐778 BUDGETED OTHER EXPENSES 0.00 28,500.00 0.00 0.00 28,500.00 101‐301‐861 CONFERENCE, TRAINING AND TRAVEL 59,275.79 0.00 18,129.83 45,915.37 0.00 OTHER EXPENSES 59,275.79 28,500.00 18,129.83 45,915.37 28,500.00 CONTRACTUAL SERVICES 101‐301‐773 LAUNDRY & UNIFORM CLEANING 6,326.02 0.00 5,422.27 2,209.99 0.00 101‐301‐776 COPY MACHINE CHARGES 12,152.50 0.00 3,787.60 5,945.43 0.00 101‐301‐801 CONTRACTUAL SERVICES 28,264.16 1,031,235.00 30,483.75 11,289.87 1,031,235.00 101‐301‐808 POLICE INVESTIGATIONS 7,753.50 0.00 517.00 0.00 0.00 101‐301‐809 MEDICAL SERVICES 26.00 0.00 435.00 26.00 0.00 Packet Page 241 101‐301‐850 TELEPHONE 23,859.06 0.00 12,873.42 11,624.45 0.00 101‐301‐902 PRINTING 6,605.19 0.00 2,938.50 3,381.49 0.00 101‐301‐941 VEHICLE LEASING & MAINTENANCE 34,092.09 0.00 14,475.05 22,500.00 0.00 101‐301‐944 VEHICLE RENTAL 682,302.00 0.00 497,860.02 341,151.00 0.00 101‐301‐959 PAYMENT TO OTHER GOVERNMENT 259,404.86 0.00 142,388.16 92,197.01 0.00 101‐301‐963 BANK CHARGES 3,049.77 0.00 0.00 2,556.98 0.00 CONTRACTUAL SERVICES 1,063,835.15 1,031,235.00 711,180.77 492,882.22 1,031,235.00 CAPITAL OUTLAYS 101‐301‐971 BUDGETED CAPITAL OUTLAYS 0.00 70,000.00 0.00 0.00 70,000.00 101‐301‐977 EQUIPMENT PURCHASES 17,169.88 0.00 8,878.35 13,873.88 0.00 101‐301‐979 OFFICE FURNITURE&EQUIPMENT 164.79 0.00 895.46 164.79 0.00 101‐301‐980 COMPUTER HARDWARE & SOFTWARE 37,795.96 0.00 3,472.39 32,247.98 0.00 101‐301‐985 OFFICE FURNITURE&EQUIPMENT REPAIR 0.00 0.00 960.22 0.00 0.00 CAPITAL OUTLAYS 55,130.63 70,000.00 14,206.42 46,286.65 70,000.00 Total Dept 301 ‐ POLICE DEPARTMENT 10,758,156.61 10,360,165.00 5,566,494.00 5,190,961.25 10,429,735.00 Dept 333 ‐ POLICE DRUG FORFEITURES CONTRACTUAL SERVICES 101‐333‐808 POLICE INVESTIGATIONS 500.00 0.00 8,446.31 0.00 8,446.31 CONTRACTUAL SERVICES 500.00 0.00 8,446.31 0.00 0.00 Total Dept 333 ‐ POLICE DRUG FORFEITURES 500.00 0.00 8,446.31 0.00 8,446.31 Dept 336 ‐ FIRE DEPARTMENT SALARIES & BENEFITS 101‐336‐702 BUDGETED SALARIES & BENEFITS 0.00 2,700,000.00 0.00 0.00 3,000,000.00 101‐336‐703 SALARY PERMANENT 1,486,198.84 0.00 794,857.51 717,543.25 0.00 101‐336‐707 OVERTIME 237,855.16 0.00 185,460.86 104,761.98 0.00 101‐336‐708 VACATION PAY 94,586.47 0.00 48,668.29 43,857.18 0.00 101‐336‐709 LONGEVITY PAY 2,100.00 0.00 1,050.00 1,050.00 0.00 101‐336‐710 PERSONAL & OTHER LEAVE 31,625.00 0.00 27,772.86 20,515.34 0.00 101‐336‐711 HOLIDAY PAY 3,183.95 0.00 2,374.57 983.62 0.00 101‐336‐712 RETIREE HEALTHCARE ‐ GENERAL 33,286.54 0.00 4,477.01 17,841.21 0.00 101‐336‐713 RETIREE HEALTHCARE ‐ P&F 57,987.51 0.00 51,822.68 30,248.25 0.00 101‐336‐714 MERS RETIREMENT SYSTEM 213,989.25 0.00 142,980.83 112,817.63 0.00 101‐336‐717 RX CLAIMS (ACTIVE) 212,618.72 0.00 140,762.11 110,500.85 0.00 101‐336‐718 LIFE INSURANCE 3,365.13 0.00 2,084.52 1,798.39 0.00 101‐336‐719 DENTAL INSURANCE 22,927.56 0.00 13,108.69 12,490.65 0.00 101‐336‐721 DISABILITY INSURANCE 5,802.72 0.00 3,680.34 3,118.59 0.00 101‐336‐722 SOCIAL SECURITY 31,300.24 0.00 19,380.66 16,621.01 0.00 101‐336‐723 WORKERS' COMPENSATION 77,135.11 0.00 50,224.24 41,116.32 0.00 101‐336‐724 UNEMPLOYMENT 1,798.23 0.00 294.35 10.03 0.00 SALARIES & BENEFITS 2,515,760.43 2,700,000.00 1,488,999.52 1,235,274.30 3,000,000.00 SUPPLIES 101‐336‐727 BUDGETED SUPPLIES 0.00 160,835.00 0.00 0.00 180,835.00 101‐336‐728 OFFICE SUPPLIES 1,074.10 0.00 199.02 418.43 0.00 101‐336‐730 PUBLICATIONS & MEMBERSHIPS 2,914.20 0.00 432.37 225.00 0.00 101‐336‐731 POSTAGE 678.46 0.00 294.22 472.78 0.00 101‐336‐734 CLOTHING & UNIFORMS 21,361.90 0.00 25,317.85 9,672.39 0.00 101‐336‐741 TOOLS 3,274.46 0.00 5,902.22 1,978.21 0.00 Packet Page 242 101‐336‐743 FOOD 7,532.00 0.00 3,750.00 3,750.00 0.00 101‐336‐745 MOTOR FUEL & LUBRICANTS 34,309.24 0.00 24,584.28 13,797.48 0.00 101‐336‐748 MEDICAL SUPPLIES 17,314.31 0.00 9,955.55 9,597.17 0.00 101‐336‐749 MISCELLANEOUS MATERIAL & SUPPLIES 24,868.47 0.00 9,251.55 6,151.47 0.00 101‐336‐751 OXYGEN,ACETYLENE & OTHER GASES 1,854.67 0.00 1,467.95 541.21 0.00 101‐336‐753 COMPUTER SUPPLIES 0.00 0.00 7,040.69 0.00 0.00 101‐336‐756 REPAIR SUPPLIES 10,640.29 0.00 8,212.37 2,523.46 0.00 101‐336‐758 BUILDING SUPPLIES 5,746.04 0.00 11,656.04 15.96 0.00 101‐336‐760 CUSTODIAL SUPPLIES 3,165.42 0.00 2,295.62 1,103.84 0.00 101‐336‐762 EQUIPMENT SUPPLIES 2,749.80 0.00 2,800.16 1,117.16 0.00 101‐336‐764 FIRE EQUIPMENT REPAIR SUPPLIES 52,989.83 0.00 44,410.56 13,778.44 0.00 101‐336‐767 SEEDING & PLANTING SUPPLIES 1,608.75 0.00 847.16 349.23 0.00 SUPPLIES 192,081.94 160,835.00 158,417.61 65,492.23 180,835.00 OTHER EXPENSES 101‐336‐778 BUDGETED OTHER EXPENSES 0.00 23,750.00 0.00 0.00 23,750.00 101‐336‐861 CONFERENCE, TRAINING AND TRAVEL 13,428.86 0.00 10,057.97 1,175.90 0.00 OTHER EXPENSES 13,428.86 23,750.00 10,057.97 1,175.90 23,750.00 CONTRACTUAL SERVICES 101‐336‐726 OTHER INSURANCE&BONDS 30,181.26 0.00 0.00 0.00 0.00 101‐336‐776 COPY MACHINE CHARGES 2,842.86 0.00 462.64 1,687.66 0.00 101‐336‐801 CONTRACTUAL SERVICES 40,349.69 174,620.00 19,704.04 21,673.45 174,620.00 101‐336‐809 MEDICAL SERVICES 6,353.60 0.00 58.50 6,353.60 0.00 101‐336‐810 PUBLIC RELATIONS 1,636.22 0.00 574.26 1,636.22 0.00 101‐336‐850 TELEPHONE 9,384.45 0.00 3,855.10 4,716.68 0.00 101‐336‐902 PRINTING 1,143.24 0.00 699.94 780.24 0.00 101‐336‐920 ELECTRICITY 11,093.87 0.00 5,136.23 5,211.78 0.00 101‐336‐921 HEAT 7,419.15 0.00 1,471.53 1,813.65 0.00 101‐336‐922 WATER & SEWER 3,518.72 0.00 2,534.57 2,595.52 0.00 101‐336‐944 VEHICLE RENTAL 24,962.04 0.00 17,163.52 12,481.02 0.00 101‐336‐959 PAYMENT TO OTHER GOVERNMENT 26,162.11 0.00 11,983.66 9,348.74 0.00 101‐336‐963 MISC. SERVICES & CHARGES 11,911.09 0.00 1,210.42 1,228.15 0.00 CONTRACTUAL SERVICES 176,958.30 174,620.00 64,854.41 69,526.71 174,620.00 CAPITAL OUTLAYS 101‐336‐971 BUDGETED CAPITAL OUTLAYS 0.00 30,780.00 2,169.06 0.00 30,780.00 101‐336‐977 EQUIPMENT PURCHASES 9,199.00 0.00 24,367.31 0.00 0.00 101‐336‐980 COMPUTER HARDWARE & SOFTWARE 4,881.75 0.00 59.99 112.55 0.00 101‐336‐981 COMMUNICATIONS EQUIPMENT 0.00 0.00 1,887.12 0.00 0.00 101‐336‐983 EQUIPMENT REPAIR 23,139.82 0.00 854.57 5,122.44 0.00 101‐336‐986 BUILDING REPAIR 3,500.25 0.00 5,720.45 475.80 0.00 CAPITAL OUTLAYS 40,720.82 30,780.00 35,058.50 5,710.79 30,780.00 OTHER FINANCING USES 101‐336‐991 PRINCIPAL EXP (CAPITAL LEASE) 197,462.34 0.00 133,545.31 65,084.75 0.00 101‐336‐993 INTEREST EXP. (CAPITAL LEASE) 17,592.66 0.00 9,824.69 6,600.25 0.00 101‐336‐995‐005900 BUDGETED OTHER FINANCING USES 0.00 286,740.00 0.00 0.00 286,740.00 OTHER FINANCING USES 215,055.00 286,740.00 143,370.00 71,685.00 286,740.00 Total Dept 336 ‐ FIRE DEPARTMENT 3,154,005.35 3,376,725.00 1,900,758.01 1,448,864.93 3,696,725.00 Dept 340 ‐ NEW CENTRAL FIRE STATION Packet Page 243 SUPPLIES 101‐340‐767 SEEDING & PLANTING SUPPLIES 0.00 0.00 386.80 0.00 0.00 SUPPLIES 0.00 0.00 386.80 0.00 0.00 CONTRACTUAL SERVICES 101‐340‐801 CONTRACTUAL SERVICES 0.00 92,500.00 0.00 0.00 92,500.00 101‐340‐920 ELECTRICITY 69,942.90 0.00 36,434.04 31,771.57 0.00 101‐340‐921 HEAT 19,596.53 0.00 4,918.18 5,239.54 0.00 101‐340‐922 WATER & SEWER 5,883.69 0.00 3,800.27 3,435.21 0.00 CONTRACTUAL SERVICES 95,423.12 92,500.00 45,152.49 40,446.32 92,500.00 Total Dept 340 ‐ NEW CENTRAL FIRE STATION 95,423.12 92,500.00 45,539.29 40,446.32 92,500.00 Dept 387 ‐ FIRE INSPECTION SERVICES SALARIES & BENEFITS 101‐387‐702 BUDGETED SALARIES & BENEFITS 0.00 208,654.00 0.00 0.00 208,654.00 101‐387‐703 SALARY PERMANENT 95,569.43 0.00 43,105.18 43,267.30 0.00 101‐387‐708 VACATION PAY 15,416.07 0.00 8,693.41 8,862.27 0.00 101‐387‐709 LONGEVITY PAY 1,800.00 0.00 1,050.00 900.00 0.00 101‐387‐710 PERSONAL & OTHER LEAVE 619.70 0.00 1,796.96 119.59 0.00 101‐387‐711 HOLIDAY PAY 6,085.03 0.00 3,156.88 3,105.52 0.00 101‐387‐712 RETIREE HEALTHCARE ‐ GENERAL 35,628.89 0.00 19,394.63 18,409.55 0.00 101‐387‐714 MERS RETIREMENT SYSTEM 4,576.72 0.00 2,530.54 2,320.08 0.00 101‐387‐717 HEALTH INSURANCE 31,118.30 0.00 13,598.69 19,012.00 0.00 101‐387‐718 LIFE INSURANCE 392.74 0.00 213.62 205.23 0.00 101‐387‐719 DENTAL INSURANCE 1,872.00 0.00 1,005.66 1,008.00 0.00 101‐387‐721 DISABILITY INSURANCE 439.98 0.00 240.95 229.04 0.00 101‐387‐722 SOCIAL SECURITY 8,406.46 0.00 4,617.47 4,307.61 0.00 101‐387‐723 WORKERS' COMPENSATION 683.86 0.00 345.39 352.01 0.00 101‐387‐724 UNEMPLOYMENT 134.90 0.00 0.00 0.00 0.00 SALARIES & BENEFITS 202,744.08 208,654.00 99,749.38 102,098.20 208,654.00 SUPPLIES 101‐387‐727 BUDGETED SUPPLIES 0.00 19,000.00 0.00 0.00 19,000.00 101‐387‐728 OFFICE SUPPLIES 871.44 0.00 537.00 599.44 0.00 101‐387‐731 POSTAGE 9,000.00 0.00 1,300.00 5,000.00 0.00 101‐387‐749 MISCELLANEOUS MATERIAL & SUPPLIES 3,603.25 0.00 0.00 0.00 0.00 SUPPLIES 13,474.69 19,000.00 1,837.00 5,599.44 19,000.00 OTHER EXPENSES 101‐387‐778 BUDGETED OTHER EXPENSES 0.00 2,850.00 0.00 0.00 2,850.00 OTHER EXPENSES 0.00 2,850.00 0.00 0.00 2,850.00 CONTRACTUAL SERVICES 101‐387‐776 COPY MACHINE CHARGES 5,417.63 0.00 2,204.52 2,520.14 0.00 101‐387‐801 CONTRACTUAL SERVICES 1,413,853.17 1,710,000.00 913,285.40 617,563.27 1,710,000.00 101‐387‐850 TELEPHONE 3,498.86 0.00 1,735.78 1,648.12 0.00 101‐387‐902 PRINTING 2,424.79 0.00 4,330.60 856.79 0.00 101‐387‐931 DEMOLITION (9,360.92) 0.00 (525.00) 0.00 0.00 101‐387‐932 BOARD UP'S 10,194.80 0.00 8,122.00 5,345.00 0.00 101‐387‐933 LOT MOWING 53,450.90 0.00 76,810.10 43,092.00 0.00 101‐387‐934 LOT CLEAN UP'S 31,835.00 0.00 68,869.85 18,768.10 0.00 101‐387‐944 VEHICLE RENTAL 0.00 0.00 1,089.00 0.00 0.00 Packet Page 244 101‐387‐963 BANK CHARGES 3.18 0.00 0.00 3.18 0.00 CONTRACTUAL SERVICES 1,511,317.41 1,710,000.00 1,075,922.25 689,796.60 1,710,000.00 CAPITAL OUTLAYS 101‐387‐980 COMPUTER HARDWARE & SOFTWARE 416.26 0.00 0.00 0.00 0.00 CAPITAL OUTLAYS 416.26 0.00 0.00 0.00 0.00 Total Dept 387 ‐ FIRE INSPECTION SERVICES 1,727,952.44 1,940,504.00 1,177,508.63 797,494.24 1,940,504.00 Dept 446 ‐ HIGHWAY NONCHARGEABLE SALARIES & BENEFITS 101‐446‐702 BUDGETED SALARIES & BENEFITS 0.00 40,106.00 0.00 0.00 40,106.00 101‐446‐703 SALARY PERMANENT 20,626.73 0.00 8,683.75 8,317.44 0.00 101‐446‐706 LEAD PERSON & SHIFT PREMIUM 0.00 0.00 1,316.00 0.00 0.00 101‐446‐707 OVERTIME 7,153.82 0.00 1,926.82 3,597.62 0.00 101‐446‐712 RETIREE HEALTHCARE ‐ GENERAL 1,049.30 0.00 352.08 637.69 0.00 101‐446‐714 MERS RETIREMENT SYSTEM 1,794.92 0.00 1,099.91 850.97 0.00 101‐446‐717 HEALTH INSURANCE 7,457.46 0.00 3,615.15 4,242.17 0.00 101‐446‐718 LIFE INSURANCE 45.24 0.00 24.53 22.50 0.00 101‐446‐719 DENTAL INSURANCE 492.58 0.00 248.82 282.81 0.00 101‐446‐721 DISABILITY INSURANCE 76.83 0.00 41.60 38.24 0.00 101‐446‐722 SOCIAL SECURITY 1,952.68 0.00 1,000.26 1,080.39 0.00 101‐446‐723 WORKERS' COMPENSATION 1,395.99 0.00 655.09 789.86 0.00 101‐446‐724 UNEMPLOYMENT 37.93 0.00 0.00 0.14 0.00 SALARIES & BENEFITS 42,083.48 40,106.00 18,964.01 19,859.83 40,106.00 SUPPLIES 101‐446‐727 BUDGETED SUPPLIES 0.00 8,170.00 0.00 0.00 8,170.00 101‐446‐737 IRRIGATION SUPPLIES 80.54 0.00 0.00 0.00 0.00 101‐446‐749 MISCELLANEOUS MATERIAL & SUPPLIES 14,513.80 0.00 0.00 5,931.00 0.00 101‐446‐765 ROAD MAINTENANCE SUPPLIES 0.00 0.00 1,775.00 0.00 0.00 101‐446‐767 SEEDING & PLANTING SUPPLIES 1,560.00 0.00 0.00 0.00 0.00 SUPPLIES 16,154.34 8,170.00 1,775.00 5,931.00 8,170.00 CONTRACTUAL SERVICES 101‐446‐801 CONTRACTUAL SERVICES 64,860.49 93,575.00 22,139.98 19,395.13 93,575.00 101‐446‐944 VEHICLE RENTAL 7,100.00 0.00 0.00 1,775.00 0.00 CONTRACTUAL SERVICES 71,960.49 93,575.00 22,139.98 21,170.13 93,575.00 Total Dept 446 ‐ HIGHWAY NONCHARGEABLE 130,198.31 141,851.00 42,878.99 46,960.96 141,851.00 Dept 448 ‐ STREET LIGHTING CONTRACTUAL SERVICES 101‐448‐801 CONTRACTUAL SERVICES 23,030.78 350,000.00 4,728.56 6,254.00 350,000.00 101‐448‐923 STREET LIGHTING 333,942.53 0.00 141,579.04 151,904.75 0.00 CONTRACTUAL SERVICES 356,973.31 350,000.00 146,307.60 158,158.75 350,000.00 Total Dept 448 ‐ STREET LIGHTING 356,973.31 350,000.00 146,307.60 158,158.75 350,000.00 Dept 521 ‐ SANITATION SALARIES & BENEFITS 101‐521‐702 BUDGETED SALARIES & BENEFITS 0.00 38,489.00 0.00 0.00 38,489.00 101‐521‐703 SALARY PERMANENT 22,688.77 0.00 8,797.19 9,120.61 0.00 Packet Page 245 101‐521‐707 OVERTIME 2,045.52 0.00 844.21 850.94 0.00 101‐521‐708 VACATION PAY 1,458.54 0.00 538.14 593.57 0.00 101‐521‐709 LONGEVITY PAY 299.99 0.00 149.99 150.00 0.00 101‐521‐710 PERSONAL & OTHER LEAVE 263.79 0.00 134.53 263.79 0.00 101‐521‐711 HOLIDAY PAY 1,502.63 0.00 914.80 1,276.64 0.00 101‐521‐712 RETIREE HEALTHCARE ‐ GENERAL 7,952.32 0.00 3,842.28 3,996.47 0.00 101‐521‐714 MERS RETIREMENT SYSTEM 80.40 0.00 82.36 15.11 0.00 101‐521‐717 HEALTH INSURANCE 2,433.02 0.00 1,173.00 1,126.06 0.00 101‐521‐718 LIFE INSURANCE 92.15 0.00 48.33 47.68 0.00 101‐521‐719 DENTAL INSURANCE 332.58 0.00 165.04 161.25 0.00 101‐521‐721 DISABILITY INSURANCE 91.37 0.00 47.30 45.33 0.00 101‐521‐722 SOCIAL SECURITY 2,010.62 0.00 1,025.01 990.86 0.00 101‐521‐723 WORKERS' COMPENSATION 682.03 0.00 307.06 292.60 0.00 101‐521‐724 UNEMPLOYMENT 17.20 0.00 0.00 0.00 0.00 SALARIES & BENEFITS 41,950.93 38,489.00 18,069.24 18,930.91 38,489.00 SUPPLIES 101‐521‐727 BUDGETED SUPPLIES 0.00 7,600.00 0.00 0.00 7,600.00 101‐521‐741 TOOLS 472.54 0.00 0.00 472.54 0.00 101‐521‐749 MISCELLANEOUS MATERIAL & SUPPLIES 57.95 0.00 788.58 32.95 0.00 SUPPLIES 530.49 7,600.00 788.58 505.49 7,600.00 OTHER EXPENSES 101‐521‐778 BUDGETED OTHER EXPENSES 240.00 0.00 0.00 240.00 0.00 OTHER EXPENSES 240.00 0.00 0.00 240.00 0.00 CONTRACTUAL SERVICES 101‐521‐801 CONTRACTUAL SERVICES 51,767.25 2,332,500.00 15,759.97 20,009.78 2,332,500.00 101‐521‐806 REFUSE COLLECTION 2,244,873.37 0.00 927,126.22 998,698.25 0.00 101‐521‐850 TELEPHONE 0.00 0.00 (14.99) (19.30) 0.00 101‐521‐902 PRINTING 2,083.21 0.00 0.00 2,083.21 0.00 101‐521‐920 ELECTRICITY 387.63 0.00 192.76 162.60 0.00 101‐521‐940 RENTAL OF BUILDINGS 2,352.96 0.00 1,600.50 1,176.48 0.00 CONTRACTUAL SERVICES 2,301,464.42 2,332,500.00 944,664.46 1,022,111.02 2,332,500.00 Total Dept 521 ‐ SANITATION 2,344,185.84 2,378,589.00 963,522.28 1,041,787.42 2,378,589.00 Dept 550 ‐ STORM WATER MANAGEMENT SUPPLIES 101‐550‐900 PUBLICATIONS 0.00 0.00 780.00 0.00 0.00 SUPPLIES 0.00 0.00 780.00 0.00 0.00 CONTRACTUAL SERVICES 101‐550‐801 CONTRACTUAL SERVICES 22,232.61 28,500.00 19,159.81 6,198.66 28,500.00 CONTRACTUAL SERVICES 22,232.61 28,500.00 19,159.81 6,198.66 28,500.00 Total Dept 550 ‐ STORM WATER MANAGEMENT 22,232.61 28,500.00 19,939.81 6,198.66 28,500.00 Dept 567 ‐ CEMETERIES SALARIES & BENEFITS 101‐567‐702 BUDGETED SALARIES & BENEFITS 0.00 183,170.00 0.00 0.00 140,000.00 101‐567‐703 SALARY PERMANENT 78,234.40 0.00 37,663.08 32,865.24 0.00 101‐567‐707 OVERTIME 5,182.74 0.00 1,828.92 2,185.04 0.00 Packet Page 246 101‐567‐708 VACATION PAY 7,459.91 0.00 4,157.72 4,402.54 0.00 101‐567‐709 LONGEVITY PAY 300.00 0.00 337.50 150.00 0.00 101‐567‐710 PERSONAL & OTHER LEAVE 2,008.43 0.00 2,468.88 899.47 0.00 101‐567‐711 HOLIDAY PAY 3,030.67 0.00 1,391.07 1,722.15 0.00 101‐567‐712 RETIREE HEALTHCARE ‐ GENERAL 10,783.68 0.00 3,874.31 3,798.38 0.00 101‐567‐714 MERS RETIREMENT SYSTEM 5,279.87 0.00 3,344.41 2,985.22 0.00 101‐567‐717 HEALTH INSURANCE 21,926.30 0.00 13,240.98 10,842.16 0.00 101‐567‐718 LIFE INSURANCE 231.63 0.00 130.91 111.52 0.00 101‐567‐719 DENTAL INSURANCE 1,574.28 0.00 868.56 808.96 0.00 101‐567‐721 DISABILITY INSURANCE 346.54 0.00 191.80 166.03 0.00 101‐567‐722 SOCIAL SECURITY 6,916.03 0.00 3,725.96 3,289.11 0.00 101‐567‐723 WORKERS' COMPENSATION 4,226.82 0.00 1,975.05 1,925.49 0.00 101‐567‐724 UNEMPLOYMENT 121.77 0.00 0.00 0.00 0.00 SALARIES & BENEFITS 147,623.07 183,170.00 75,199.15 66,151.31 140,000.00 SUPPLIES 101‐567‐727 BUDGETED SUPPLIES 0.00 23,655.00 0.00 0.00 23,655.00 101‐567‐728 OFFICE SUPPLIES 0.00 0.00 179.00 0.00 0.00 101‐567‐730 PUBLICATIONS & MEMBERSHIPS 40.00 0.00 276.06 0.00 0.00 101‐567‐734 CLOTHING & UNIFORMS 510.98 0.00 612.96 0.00 0.00 101‐567‐737 IRRIGATION SUPPLIES 4,111.71 0.00 75.87 1,140.58 0.00 101‐567‐741 TOOLS 1,279.17 0.00 100.47 955.01 0.00 101‐567‐745 MOTOR FUEL & LUBRICANTS 1,314.62 0.00 1,968.07 1,314.62 0.00 101‐567‐749 MISCELLANEOUS MATERIAL & SUPPLIES 4,980.60 0.00 4,008.84 1,907.49 0.00 101‐567‐758 BUILDING SUPPLIES 970.00 0.00 152.50 970.00 0.00 101‐567‐760 CUSTODIAL SUPPLIES 2,972.15 0.00 97.17 1,644.27 0.00 101‐567‐762 EQUIPMENT SUPPLIES 3,054.39 0.00 7,918.98 1,967.61 0.00 101‐567‐767 SEEDING & PLANTING SUPPLIES 7,649.57 0.00 487.14 7,169.72 0.00 SUPPLIES 26,883.19 23,655.00 15,877.06 17,069.30 23,655.00 OTHER EXPENSES 101‐567‐778 BUDGETED OTHER EXPENSES 0.00 475.00 0.00 0.00 475.00 101‐567‐861 CONFERENCE, TRAINING AND TRAVEL 555.18 0.00 276.06 277.18 0.00 OTHER EXPENSES 555.18 475.00 276.06 277.18 475.00 CONTRACTUAL SERVICES 101‐567‐773 LAUNDRY & UNIFORM CLEANING 267.41 0.00 117.30 129.37 0.00 101‐567‐801 CONTRACTUAL SERVICES 164,430.92 337,725.00 106,066.47 106,229.83 337,725.00 101‐567‐809 MEDICAL SERVICES 25.50 0.00 0.00 25.50 0.00 101‐567‐920 ELECTRICITY 13,218.13 0.00 5,569.76 6,583.28 0.00 101‐567‐921 HEAT 5,157.46 0.00 1,209.37 1,011.97 0.00 101‐567‐922 WATER & SEWER 55,072.50 0.00 46,549.45 46,582.94 0.00 101‐567‐940 RENTAL OF BUILDINGS 19,257.00 0.00 12,904.98 9,628.50 0.00 101‐567‐944 VEHICLE RENTAL 49,925.04 0.00 33,536.54 24,962.52 0.00 CONTRACTUAL SERVICES 307,353.96 337,725.00 205,953.87 195,153.91 337,725.00 CAPITAL OUTLAYS 101‐567‐971 BUDGETED CAPITAL OUTLAYS 4,850.00 56,525.00 0.00 4,850.00 56,525.00 101‐567‐977 EQUIPMENT PURCHASES 22,215.20 0.00 1,084.89 11,250.44 0.00 101‐567‐983 EQUIPMENT REPAIR 34.51 0.00 2,399.17 34.51 0.00 CAPITAL OUTLAYS 27,099.71 56,525.00 3,484.06 16,134.95 56,525.00 Total Dept 567 ‐ CEMETERIES 509,515.11 601,550.00 300,790.20 294,786.65 558,380.00 Packet Page 247 Dept 701 ‐ PLANNING SALARIES & BENEFITS 101‐701‐702 BUDGETED SALARIES & BENEFITS 0.00 430,116.00 0.00 0.00 430,116.00 101‐701‐703 SALARY PERMANENT 232,350.40 0.00 91,492.72 114,005.27 0.00 101‐701‐708 VACATION PAY 37,505.48 0.00 6,426.22 15,166.77 0.00 101‐701‐709 LONGEVITY PAY 637.52 0.00 450.00 225.01 0.00 101‐701‐710 PERSONAL & OTHER LEAVE 1,633.08 0.00 608.53 1,175.09 0.00 101‐701‐711 HOLIDAY PAY 11,270.31 0.00 5,424.10 6,269.98 0.00 101‐701‐712 RETIREE HEALTHCARE ‐ GENERAL 14,538.37 0.00 6,889.73 7,868.67 0.00 101‐701‐714 MERS RETIREMENT SYSTEM 25,516.97 0.00 10,400.88 13,367.49 0.00 101‐701‐717 HEALTH INSURANCE 35,463.64 0.00 10,560.42 21,028.72 0.00 101‐701‐718 LIFE INSURANCE 1,018.19 0.00 413.43 571.04 0.00 101‐701‐719 DENTAL INSURANCE 3,565.10 0.00 1,477.72 2,014.26 0.00 101‐701‐721 DISABILITY INSURANCE 886.73 0.00 375.66 495.27 0.00 101‐701‐722 SOCIAL SECURITY 20,626.41 0.00 8,539.50 10,729.89 0.00 101‐701‐723 WORKERS' COMPENSATION 1,200.75 0.00 562.41 630.37 0.00 101‐701‐724 UNEMPLOYMENT 298.61 0.00 35.35 0.00 0.00 SALARIES & BENEFITS 386,511.56 430,116.00 143,656.67 193,547.83 430,116.00 SUPPLIES 101‐701‐727 BUDGETED SUPPLIES 0.00 13,015.00 0.00 0.00 13,015.00 101‐701‐728 OFFICE SUPPLIES 1,623.32 0.00 1,061.28 317.98 0.00 101‐701‐730 PUBLICATIONS & MEMBERSHIPS 15,903.59 0.00 818.50 2,862.92 0.00 101‐701‐731 POSTAGE 8,485.35 0.00 3,516.89 6,773.26 0.00 101‐701‐749 MISCELLANEOUS MATERIAL & SUPPLIES 26,868.65 0.00 3,198.00 20,962.85 0.00 101‐701‐753 COMPUTER SUPPLIES 0.00 0.00 16.67 0.00 0.00 SUPPLIES 52,880.91 13,015.00 8,611.34 30,917.01 13,015.00 OTHER EXPENSES 101‐701‐778 BUDGETED OTHER EXPENSES 0.00 23,750.00 0.00 0.00 23,750.00 101‐701‐861 CONFERENCE, TRAINING AND TRAVEL 14,293.89 0.00 4,416.73 12,194.75 0.00 OTHER EXPENSES 14,293.89 23,750.00 4,416.73 12,194.75 23,750.00 CONTRACTUAL SERVICES 101‐701‐776 COPY MACHINE CHARGES 232.18 0.00 13.94 139.61 0.00 101‐701‐801 CONTRACTUAL SERVICES 53,128.88 85,500.00 78,546.28 12,029.75 85,500.00 101‐701‐850 TELEPHONE 2,843.89 0.00 1,887.50 1,377.85 0.00 101‐701‐902 PRINTING 293.70 0.00 74.50 77.40 0.00 101‐701‐903 ADVERTISING 13,722.34 0.00 3,778.65 7,362.87 0.00 101‐701‐920 ELECTRICITY 4,609.74 0.00 3,691.82 1,248.15 0.00 101‐701‐944 VEHICLE RENTAL 6,657.00 0.00 5,436.52 3,328.50 0.00 101‐701‐963 BANK CHARGES 1.29 0.00 0.00 1.29 0.00 CONTRACTUAL SERVICES 81,489.02 85,500.00 93,429.21 25,565.42 85,500.00 CAPITAL OUTLAYS 101‐701‐971 BUDGETED CAPITAL OUTLAYS 0.00 19,950.00 0.00 0.00 19,950.00 101‐701‐980 COMPUTER HARDWARE & SOFTWARE 6,830.22 0.00 12,713.57 1,831.84 0.00 101‐701‐985 OFFICE FURNITURE&EQUIPMENT REPAIR 185.00 0.00 4,131.87 0.00 0.00 CAPITAL OUTLAYS 7,015.22 19,950.00 16,845.44 1,831.84 19,950.00 Total Dept 701 ‐ PLANNING 542,190.60 572,331.00 266,959.39 264,056.85 572,331.00 Packet Page 248 Dept 707 ‐ NEIGHBORHOOD & CONSTRUCTION SERVICES SUPPLIES 101‐707‐749 MISCELLANEOUS MATERIAL & SUPPLIES 0.00 0.00 0.00 0.00 70.00 SUPPLIES 0.00 0.00 0.00 0.00 70.00 CONTRACTUAL SERVICES 101‐707‐776 COPY MACHINE CHARGES 43.65 0.00 42.06 19.37 0.00 101‐707‐801 CONTRACTUAL SERVICES 165.45 0.00 0.00 0.00 32.00 101‐707‐850 TELEPHONE 126.84 0.00 62.64 38.08 0.00 101‐707‐934 LOT CLEAN UP'S 968.80 0.00 0.00 968.80 0.00 CONTRACTUAL SERVICES 1,304.74 0.00 104.70 1,026.25 32.00 CAPITAL OUTLAYS 101‐707‐980 COMPUTER HARDWARE & SOFTWARE 196.98 0.00 2,075.01 16.94 2,075.00 CAPITAL OUTLAYS 196.98 0.00 2,075.01 16.94 2,075.00 Total Dept 707 ‐ NEIGHBORHOOD & CONSTRUCTION SERVICES 1,501.72 0.00 2,179.71 1,043.19 2,177.00 Dept 757 ‐ MC GRAFT PARK SALARIES & BENEFITS 101‐757‐702 BUDGETED SALARIES & BENEFITS 0.00 43,866.00 0.00 0.00 43,866.00 101‐757‐703 SALARY PERMANENT 19,292.74 0.00 7,089.17 17,082.45 0.00 101‐757‐707 OVERTIME 3,095.81 0.00 1,784.21 3,079.10 0.00 101‐757‐712 RETIREE HEALTHCARE ‐ GENERAL 1,019.96 0.00 185.65 973.15 0.00 101‐757‐714 MERS RETIREMENT SYSTEM 1,827.11 0.00 742.66 1,684.70 0.00 101‐757‐717 HEALTH INSURANCE 5,697.06 0.00 2,118.99 5,297.55 0.00 101‐757‐718 LIFE INSURANCE 49.24 0.00 16.87 45.19 0.00 101‐757‐719 DENTAL INSURANCE 485.49 0.00 178.86 449.58 0.00 101‐757‐721 DISABILITY INSURANCE 83.64 0.00 28.67 76.77 0.00 101‐757‐722 SOCIAL SECURITY 1,791.44 0.00 665.81 1,661.03 0.00 101‐757‐723 WORKERS' COMPENSATION 1,230.50 0.00 315.11 1,163.35 0.00 101‐757‐724 UNEMPLOYMENT 0.53 0.00 0.00 0.00 0.00 SALARIES & BENEFITS 34,573.52 43,866.00 13,126.00 31,512.87 43,866.00 SUPPLIES 101‐757‐727 BUDGETED SUPPLIES 0.00 7,030.00 0.00 0.00 25,000.00 101‐757‐735 PLAYGROUND & ATHLETIC SUPPLIES 0.00 0.00 10,134.00 0.00 0.00 101‐757‐749 MISCELLANEOUS MATERIAL & SUPPLIES 932.03 0.00 108.88 519.16 0.00 101‐757‐758 BUILDING SUPPLIES 1,829.76 0.00 2,557.33 693.76 0.00 101‐757‐760 CUSTODIAL SUPPLIES 3,293.50 0.00 0.00 3,293.50 0.00 101‐757‐765 ROAD MAINTENANCE SUPPLIES 3,574.25 0.00 0.00 3,574.25 0.00 101‐757‐767 SEEDING & PLANTING SUPPLIES 234.12 0.00 0.00 0.00 0.00 SUPPLIES 9,863.66 7,030.00 12,800.21 8,080.67 25,000.00 CONTRACTUAL SERVICES 101‐757‐801 CONTRACTUAL SERVICES 69,694.75 65,698.00 22,759.38 32,530.86 65,698.00 101‐757‐850 TELEPHONE 617.76 0.00 258.73 259.65 0.00 101‐757‐920 ELECTRICITY 8,423.88 0.00 3,215.74 5,353.60 0.00 101‐757‐921 HEAT 2,287.16 0.00 600.99 513.57 0.00 101‐757‐922 WATER & SEWER 39.60 0.00 16.48 37.62 0.00 101‐757‐940 RENTAL OF BUILDINGS 0.00 0.00 817.98 0.00 0.00 101‐757‐945 OTHER EQUIPMENT RENTAL 916.12 0.00 0.00 916.12 0.00 CONTRACTUAL SERVICES 81,979.27 65,698.00 27,669.30 39,611.42 65,698.00 Packet Page 249 CAPITAL OUTLAYS 101‐757‐971 BUDGETED CAPITAL OUTLAYS 16,371.05 42,750.00 0.00 16,371.05 42,750.00 101‐757‐986 BUILDING REPAIR 52.98 0.00 11,150.00 52.98 0.00 CAPITAL OUTLAYS 16,424.03 42,750.00 11,150.00 16,424.03 42,750.00 Total Dept 757 ‐ MC GRAFT PARK 142,840.48 159,344.00 64,745.51 95,628.99 177,314.00 Dept 770 ‐ PARKS MAINTENANCE SALARIES & BENEFITS 101‐770‐702 BUDGETED SALARIES & BENEFITS 0.00 921,559.00 2,225.04 0.00 921,559.00 101‐770‐703 SALARY PERMANENT 457,078.06 0.00 214,971.65 204,064.60 0.00 101‐770‐706 LEAD PERSON & SHIFT PREMIUM 70.48 0.00 0.00 0.00 0.00 101‐770‐707 OVERTIME 16,706.95 0.00 10,132.16 9,193.26 0.00 101‐770‐708 VACATION PAY 68,326.87 0.00 18,605.32 43,572.56 0.00 101‐770‐709 LONGEVITY PAY 2,862.48 0.00 1,350.00 1,512.48 0.00 101‐770‐710 PERSONAL & OTHER LEAVE 11,037.34 0.00 6,203.42 6,549.47 0.00 101‐770‐711 HOLIDAY PAY 14,958.02 0.00 6,949.76 8,749.15 0.00 101‐770‐712 RETIREE HEALTHCARE ‐ GENERAL 56,921.59 0.00 23,500.88 32,184.49 0.00 101‐770‐714 MERS RETIREMENT SYSTEM 33,560.95 0.00 18,229.70 17,121.32 0.00 101‐770‐717 HEALTH INSURANCE 122,367.18 0.00 62,835.18 70,784.71 0.00 101‐770‐718 LIFE INSURANCE 1,373.02 0.00 703.96 730.62 0.00 101‐770‐719 DENTAL INSURANCE 9,891.39 0.00 4,976.00 5,447.79 0.00 101‐770‐721 DISABILITY INSURANCE 2,106.33 0.00 1,045.64 1,108.26 0.00 101‐770‐722 SOCIAL SECURITY 41,312.25 0.00 20,649.22 21,716.87 0.00 101‐770‐723 WORKERS' COMPENSATION 22,010.54 0.00 10,634.89 11,280.50 0.00 101‐770‐724 UNEMPLOYMENT 783.70 0.00 0.00 0.98 0.00 SALARIES & BENEFITS 861,367.15 921,559.00 403,012.82 434,017.06 921,559.00 SUPPLIES 101‐770‐727 BUDGETED SUPPLIES 0.00 162,640.00 0.00 0.00 162,640.00 101‐770‐728 OFFICE SUPPLIES 263.91 0.00 52.07 0.00 0.00 101‐770‐730 PUBLICATIONS & MEMBERSHIPS 883.00 0.00 1,978.00 383.00 0.00 101‐770‐731 POSTAGE 0.00 0.00 12.15 0.00 0.00 101‐770‐734 CLOTHING & UNIFORMS 3,554.61 0.00 1,097.32 561.78 0.00 101‐770‐735 PLAYGROUND & ATHLETIC SUPPLIES 17,557.06 0.00 (71.60) 16,035.81 0.00 101‐770‐737 IRRIGATION SUPPLIES 15,664.66 0.00 5,611.85 9,644.76 0.00 101‐770‐741 TOOLS 6,754.12 0.00 5,863.16 3,662.96 0.00 101‐770‐745 MOTOR FUEL & LUBRICANTS 1,200.36 0.00 0.00 770.70 0.00 101‐770‐747 LICENSES 993.50 0.00 351.81 564.00 0.00 101‐770‐748 MEDICAL SUPPLIES 43.80 0.00 (21.50) 43.80 0.00 101‐770‐749 MISCELLANEOUS MATERIAL & SUPPLIES 45,768.93 0.00 29,600.06 22,535.66 0.00 101‐770‐751 OXYGEN,ACETYLENE & OTHER GASES 1,202.09 0.00 155.52 129.63 0.00 101‐770‐753 COMPUTER SUPPLIES 79.56 0.00 69.29 0.00 0.00 101‐770‐756 REPAIR SUPPLIES 36,758.52 0.00 8,363.49 19,096.63 0.00 101‐770‐758 BUILDING SUPPLIES 12,584.11 0.00 11,152.31 2,468.23 0.00 101‐770‐760 CUSTODIAL SUPPLIES 26,892.63 0.00 17,313.32 10,174.96 0.00 101‐770‐762 EQUIPMENT SUPPLIES 2,944.94 0.00 7,553.56 185.00 0.00 101‐770‐765 ROAD MAINTENANCE SUPPLIES 905.00 0.00 1,356.79 0.00 0.00 101‐770‐767 SEEDING & PLANTING SUPPLIES 2,556.13 0.00 11,470.31 2,186.21 0.00 SUPPLIES 176,606.93 162,640.00 101,907.91 88,443.13 162,640.00 OTHER EXPENSES Packet Page 250 101‐770‐778 BUDGETED OTHER EXPENSES 0.00 950.00 0.00 0.00 950.00 101‐770‐861 CONFERENCE, TRAINING AND TRAVEL 450.00 0.00 0.00 450.00 0.00 OTHER EXPENSES 450.00 950.00 0.00 450.00 950.00 CONTRACTUAL SERVICES 101‐770‐773 LAUNDRY & UNIFORM CLEANING 1,603.01 0.00 573.85 760.20 0.00 101‐770‐801 CONTRACTUAL SERVICES 585,660.59 1,230,684.00 282,723.07 287,036.12 1,230,684.00 101‐770‐806 REFUSE COLLECTION 0.00 0.00 426.35 0.00 0.00 101‐770‐809 MEDICAL SERVICES 405.50 0.00 208.26 310.50 0.00 101‐770‐810 ENGINEERING SERVICES 1,873.29 0.00 0.00 1,167.29 0.00 101‐770‐850 TELEPHONE 5,648.19 0.00 1,504.76 2,185.78 0.00 101‐770‐920 ELECTRICITY 76,915.87 0.00 36,300.78 (11,015.60) 0.00 101‐770‐921 HEAT 6,147.59 0.00 1,193.54 1,465.94 0.00 101‐770‐922 WATER & SEWER 247,069.50 0.00 77,856.32 215,025.04 0.00 101‐770‐923 STREET LIGHTING 0.00 0.00 3,206.19 0.00 0.00 101‐770‐940 RENTAL OF BUILDINGS 143,889.00 0.00 98,356.02 71,944.50 0.00 101‐770‐944 VEHICLE RENTAL 249,623.04 0.00 159,530.23 124,811.52 0.00 101‐770‐945 OTHER EQUIPMENT RENTAL 14,454.24 0.00 9,348.37 1,409.83 0.00 101‐770‐958 CREDIT CARD FEES ‐ ACTIVENET 4,515.25 0.00 1,664.61 1,929.52 0.00 CONTRACTUAL SERVICES 1,337,805.07 1,230,684.00 672,892.35 697,030.64 1,230,684.00 CAPITAL OUTLAYS 101‐770‐971 BUDGETED CAPITAL OUTLAYS 1,292.54 54,150.00 19,992.00 1,292.54 54,150.00 101‐770‐973 LAND IMPROVEMENTS 55,755.00 0.00 9,400.00 55,755.00 0.00 101‐770‐977 EQUIPMENT PURCHASES 27,281.17 0.00 645.87 2,494.51 0.00 101‐770‐980 COMPUTER HARDWARE & SOFTWARE 8,250.35 0.00 178.17 8,194.41 0.00 101‐770‐983 EQUIPMENT REPAIR 13,193.78 0.00 7,651.72 3,962.33 0.00 101‐770‐986 BUILDING REPAIR 187.46 0.00 1,045.41 143.17 0.00 CAPITAL OUTLAYS 105,960.30 54,150.00 38,913.17 71,841.96 54,150.00 Total Dept 770 ‐ PARKS MAINTENANCE 2,482,189.45 2,369,983.00 1,216,726.25 1,291,782.79 2,369,983.00 Dept 771 ‐ FORESTRY SALARIES & BENEFITS 101‐771‐722 SOCIAL SECURITY (0.28) 0.00 0.00 (0.28) 0.00 SALARIES & BENEFITS (0.28) 0.00 0.00 (0.28) 0.00 SUPPLIES 101‐771‐727 BUDGETED SUPPLIES 0.00 2,375.00 0.00 0.00 2,375.00 101‐771‐741 TOOLS 36.06 0.00 0.00 36.06 0.00 101‐771‐749 MISCELLANEOUS MATERIAL & SUPPLIES 1,256.68 0.00 3,254.27 468.58 0.00 101‐771‐762 EQUIPMENT SUPPLIES 1,661.64 0.00 401.21 198.19 0.00 101‐771‐767 SEEDING & PLANTING SUPPLIES 1,472.35 0.00 0.00 121.20 0.00 SUPPLIES 4,426.73 2,375.00 3,655.48 824.03 2,375.00 CONTRACTUAL SERVICES 101‐771‐801 CONTRACTUAL SERVICES 77,075.00 71,250.00 10,000.00 0.00 20,000.00 CONTRACTUAL SERVICES 77,075.00 71,250.00 10,000.00 0.00 20,000.00 Total Dept 771 ‐ FORESTRY 81,501.45 73,625.00 13,655.48 823.75 22,375.00 Dept 772 ‐ PAID BEACH PARKING SALARIES & BENEFITS Packet Page 251 101‐772‐702 BUDGETED SALARIES & BENEFITS 0.00 265,000.00 0.00 0.00 265,000.00 101‐772‐703 SALARY PERMANENT 1,191.45 0.00 75,488.82 924.25 0.00 101‐772‐707 OVERTIME 1,917.47 0.00 1,825.61 1,407.19 0.00 101‐772‐708 VACATION PAY 0.00 0.00 9,107.75 0.00 0.00 101‐772‐709 LONGEVITY PAY 0.00 0.00 750.00 0.00 0.00 101‐772‐710 PERSONAL & OTHER LEAVE 16.09 0.00 1,357.46 16.09 0.00 101‐772‐711 HOLIDAY PAY 29.11 0.00 3,749.82 29.11 0.00 101‐772‐712 RETIREE HEALTHCARE ‐ GENERAL 164.90 0.00 4,450.66 88.35 0.00 101‐772‐714 MERS RETIREMENT SYSTEM 341.51 0.00 2,089.88 274.21 0.00 101‐772‐717 HEALTH INSURANCE 1,268.10 0.00 10,723.51 1,034.13 0.00 101‐772‐718 LIFE INSURANCE 6.79 0.00 73.66 6.19 0.00 101‐772‐719 DENTAL INSURANCE 78.93 0.00 706.17 65.32 0.00 101‐772‐721 DISABILITY INSURANCE 6.95 0.00 118.44 5.93 0.00 101‐772‐722 SOCIAL SECURITY 271.12 0.00 2,603.32 216.11 0.00 101‐772‐723 WORKERS' COMPENSATION 58.12 0.00 2,420.78 37.01 0.00 101‐772‐724 UNEMPLOYMENT 3.10 0.00 0.00 0.00 0.00 SALARIES & BENEFITS 5,353.64 265,000.00 115,465.88 4,103.89 265,000.00 SUPPLIES 101‐772‐727 BUDGETED SUPPLIES 0.00 760.00 0.00 0.00 760.00 101‐772‐734 CLOTHING & UNIFORMS 0.00 0.00 3,548.63 0.00 0.00 101‐772‐749 MISCELLANEOUS MATERIAL & SUPPLIES 255.90 0.00 226.65 255.90 0.00 101‐772‐756 REPAIR SUPPLIES 69.96 0.00 0.00 0.00 0.00 SUPPLIES 325.86 760.00 3,775.28 255.90 760.00 CONTRACTUAL SERVICES 101‐772‐801 CONTRACTUAL SERVICES 59,515.60 42,560.00 46,489.97 5,639.89 42,560.00 101‐772‐850 TELEPHONE 0.00 0.00 (75.60) (6.50) 0.00 101‐772‐920 ELECTRICITY 2,666.50 0.00 1,145.69 1,283.61 0.00 101‐772‐963 BANK CHARGES 32,660.11 0.00 19,921.56 21,864.33 0.00 CONTRACTUAL SERVICES 94,842.21 42,560.00 67,481.62 28,781.33 42,560.00 Total Dept 772 ‐ PAID BEACH PARKING 100,521.71 308,320.00 186,722.78 33,141.12 308,320.00 Dept 773 ‐ SOCIAL DISTRICT SALARIES & BENEFITS 101‐773‐703 SALARY PERMANENT 0.00 0.00 757.74 0.00 0.00 101‐773‐712 RETIREE HEALTHCARE ‐ GENERAL 0.00 0.00 15.16 0.00 0.00 101‐773‐714 MERS RETIREMENT SYSTEM 0.00 0.00 60.61 0.00 0.00 101‐773‐717 HEALTH INSURANCE 0.00 0.00 91.03 0.00 0.00 101‐773‐718 LIFE INSURANCE 0.00 0.00 1.71 0.00 0.00 101‐773‐719 DENTAL INSURANCE 0.00 0.00 14.96 0.00 0.00 101‐773‐721 DISABILITY INSURANCE 0.00 0.00 2.90 0.00 0.00 101‐773‐722 SOCIAL SECURITY 0.00 0.00 55.49 0.00 0.00 101‐773‐723 WORKERS' COMPENSATION 0.00 0.00 27.48 0.00 0.00 SALARIES & BENEFITS 0.00 0.00 1,027.08 0.00 0.00 SUPPLIES 101‐773‐728 OFFICE SUPPLIES 177.74 12,000.00 0.00 (6,099.26) 12,000.00 SUPPLIES 177.74 12,000.00 0.00 (6,099.26) 12,000.00 CONTRACTUAL SERVICES 101‐773‐801 CONTRACTUAL SERVICES 26,727.52 44,386.00 28,132.79 14,250.05 44,386.00 Packet Page 252 CONTRACTUAL SERVICES 26,727.52 44,386.00 28,132.79 14,250.05 44,386.00 CAPITAL OUTLAYS 101‐773‐971 BUDGETED CAPITAL OUTLAYS 0.00 14,250.00 0.00 0.00 14,250.00 CAPITAL OUTLAYS 0.00 14,250.00 0.00 0.00 14,250.00 Total Dept 773 ‐ SOCIAL DISTRICT 26,905.26 70,636.00 29,159.87 8,150.79 70,636.00 Dept 775 ‐ GENERAL RECREATION CONTRACTUAL SERVICES 101‐775‐801 CONTRACTUAL SERVICES 5,340.00 0.00 0.00 5,000.00 0.00 101‐775‐810 PUBLIC RELATIONS 141.75 0.00 0.00 0.00 0.00 CONTRACTUAL SERVICES 5,481.75 0.00 0.00 5,000.00 0.00 Total Dept 775 ‐ GENERAL RECREATION 5,481.75 0.00 0.00 5,000.00 0.00 Dept 805 ‐ L C WALKER ADMINISTRATION CONTRACTUAL SERVICES 101‐805‐726 OTHER INSURANCE&BONDS 8,176.08 0.00 0.00 0.00 0.00 101‐805‐801 CONTRACTUAL SERVICES 19.53 0.00 0.00 10.96 0.00 CONTRACTUAL SERVICES 8,195.61 0.00 0.00 10.96 0.00 Total Dept 805 ‐ L C WALKER ADMINISTRATION 8,195.61 0.00 0.00 10.96 0.00 Dept 808 ‐ FARMERS & FLEA MARKET SALARIES & BENEFITS 101‐808‐722 SOCIAL SECURITY 0.00 0.00 0.00 (0.05) 0.00 SALARIES & BENEFITS 0.00 0.00 0.00 (0.05) 0.00 Total Dept 808 ‐ FARMERS & FLEA MARKET 0.00 0.00 0.00 (0.05) 0.00 Dept 810 ‐ FARMERS MARKETS EBT PROGRAM CONTRACTUAL SERVICES 101‐810‐801 CONTRACTUAL SERVICES 41.26 0.00 0.00 0.00 0.00 CONTRACTUAL SERVICES 41.26 0.00 0.00 0.00 0.00 Total Dept 810 ‐ FARMERS MARKETS EBT PROGRAM 41.26 0.00 0.00 0.00 0.00 Dept 901 ‐ ADA PROJECT SALARIES & BENEFITS 101‐901‐703‐091116 SALARY PERMANENT 145.93 0.00 0.00 145.93 0.00 101‐901‐712‐091116 RETIREE HEALTHCARE ‐ GENERAL 4.17 0.00 0.00 4.17 0.00 101‐901‐714‐091116 MERS RETIREMENT SYSTEM 16.69 0.00 0.00 16.69 0.00 101‐901‐717‐091116 HEALTH INSURANCE 35.58 0.00 0.00 35.58 0.00 101‐901‐718‐091116 LIFE INSURANCE 0.47 0.00 0.00 0.47 0.00 101‐901‐719‐091116 DENTAL INSURANCE 4.22 0.00 0.00 4.22 0.00 101‐901‐721‐091116 DISABILITY INSURANCE 0.79 0.00 0.00 0.79 0.00 101‐901‐722‐091116 SOCIAL SECURITY 11.72 0.00 0.00 11.72 0.00 101‐901‐723‐091116 WORKERS' COMPENSATION 14.77 0.00 0.00 14.77 0.00 SALARIES & BENEFITS 234.34 0.00 0.00 234.34 0.00 CONTRACTUAL SERVICES 101‐901‐801 CONTRACTUAL SERVICES 2,511,586.83 3,255,000.00 204,160.95 885,051.69 2,791,585.00 Packet Page 253 CONTRACTUAL SERVICES 2,511,586.83 3,255,000.00 204,160.95 885,051.69 2,791,585.00 CAPITAL OUTLAYS 101‐901‐971 BUDGETED CAPITAL OUTLAYS 0.00 150,000.00 0.00 0.00 150,000.00 101‐901‐977 EQUIPMENT PURCHASES 1,373,689.63 0.00 0.00 1,373,689.63 0.00 101‐901‐982‐092048 BUILDING PURCHASES&CONSTRUCTION 772,732.21 0.00 0.00 289,176.16 0.00 101‐901‐982‐092112 BUILDING PURCHASES&CONSTRUCTION 0.00 0.00 2,957,451.31 0.00 578,415.00 101‐901‐982‐092114 BUILDING PURCHASES&CONSTRUCTION 4,435.00 148,000.00 68,473.79 0.00 148,000.00 101‐901‐986‐092019 BUILDING REPAIR 0.00 100,000.00 0.00 0.00 100,000.00 CAPITAL OUTLAYS 2,150,856.84 398,000.00 3,025,925.10 1,662,865.79 976,415.00 Total Dept 901 ‐ CAPITAL OUTLAYS 4,662,678.01 3,653,000.00 3,230,086.05 2,548,151.82 3,768,000.00 Dept 906 ‐ DEBT SERVICE CONTRACTUAL SERVICES 101‐906‐956 PAYING AGENT FEES/CONTRIBUTIONS 750.00 0.00 0.00 0.00 0.00 CONTRACTUAL SERVICES 750.00 0.00 0.00 0.00 0.00 OTHER FINANCING USES 101‐906‐992 PRINCIPAL EXP (BONDS) 710,000.00 0.00 720,000.00 710,000.00 0.00 101‐906‐994 INTEREST EXPENSE (BONDS) 372,428.29 0.00 180,367.50 191,648.87 0.00 101‐906‐995‐005900 BUDGETED OTHER FINANCING USES 0.00 1,069,246.00 0.00 0.00 1,069,246.00 101‐906‐996 BOND ISSUANCE COSTS 1,000.00 0.00 0.00 1,000.00 0.00 OTHER FINANCING USES 1,083,428.29 1,069,246.00 900,367.50 902,648.87 1,069,246.00 Total Dept 906 ‐ DEBT SERVICE 1,084,178.29 1,069,246.00 900,367.50 902,648.87 1,069,246.00 Dept 999 ‐ TRANSFERS TO OTHER FUNDS OTHER FINANCING USES 101‐999‐995 OPERATING TRANSFER OUT 4,298,250.18 1,075,000.00 100,000.02 100,000.02 2,110,000.00 OTHER FINANCING USES 4,298,250.18 1,075,000.00 100,000.02 100,000.02 2,110,000.00 Total Dept 999 ‐ TRANSFERS TO OTHER FUNDS 4,298,250.18 1,075,000.00 100,000.02 100,000.02 2,110,000.00 TOTAL EXPENDITURES 41,750,659.54 38,218,591.00 20,601,917.90 18,464,853.24 38,983,407.00 Fund 101 ‐ GENERAL: TOTAL REVENUES 41,314,191.88 38,221,838.00 13,275,426.85 11,451,042.71 43,189,485.12 TOTAL EXPENDITURES 41,750,659.54 38,218,591.00 20,601,917.90 18,464,853.24 40,105,451.31 NET OF REVENUES & EXPENDITURES (436,467.66) 3,247.00 (7,326,491.05) (7,013,810.53) 3,084,033.81 Packet Page 254 BUDGET REPORT FOR CITY OF MUSKEGON ADDITIONAL DETAIL GENERAL FUND Actual 2021‐ Original Budget Actual FY2022‐2023 2nd Agency 2022 FY2022‐23 12/31/2022 Amended Quarter Budget Muskegon Area Transit (MATS) 141,468 141,468 35,637 141,468 Muskegon Area Transit (MATS) Micro Transit 71,745 71,117 17,667 71,117 Muskegon Beautification Award 24,000 24,000 Neighborhood Association Grants 225,760 150,000 150,000 YMCA 25,000 ‐ ‐ Boys & Girls Club 80,000 80,000 80,000 Muskegon Public Schools Youth Recreation 20,000 20,000 Port City Football 5,000 5,000 5,000 Muskegon Area First ‐ ‐ Veterans Memorial Day Costs 4,627 7,000 ‐ 7,000 Downtown Muskegon Now ‐ ‐ ‐ West Michigan Lake Hawks 4,500 ‐ 4,500 Lakeside Business District 2,500 2,500 Latinos Working for the Future ‐ ‐ ‐ community Encompass 3rd Street Mural ‐ ‐ ‐ Cogic Community Center ‐ 211 Service 2,500 2,500 2,500 Harmony Park ‐ Rotary Muskegon Museum of Art Expansion Community Foundation DEI Taskforce 25,000 25,000 Muskegon Beautification Award 4,500 Public Art Hubert Massey Mural MLK Diversity Program 2,000 2,200 2,200 2,200 Muskegon Area Loabor Management (MALMC) ‐ Black Business Expo 2,400 Steelhead Scuplture ‐ Support to Outside Agencies 565,000 535,285 55,504 ‐ 535,285 Actual 2021‐ Original Budget Actual FY2022‐2023 2nd Fund 2022 FY2022‐23 12/31/2022 Amended Quarter Budget Major Street Fund ‐ ‐ Local Street Fund 100,000 235,000 285,000 285,000 Farmers Market Fund 40,000 50,000 50,000 50,000 Mercy Health Arena Fund 815,000 ‐ ‐ ‐ LDFA Debt Service Fund ( Smartzone) 200,000 200,000 100,000 200,000 200,000 DDA Debt Service Fund ‐ ‐ ‐ ‐ Public Improvement Fund 50,000 50,000 50,000 50,000 Tree Replacement Fund 2,500 State Grants Fund 90,750 Arena 350,000 350,000 Marina ‐ 450,000 Community Development Block Grant Fund Public Service Building 400,000 500,000 500,000 500,000 Engineering Services Fund 40,000 40,000 225,000 Budget Stabilization 100,000 Convention Center Fund 2,500,000 ‐ ‐ 4,298,250 1,075,000 100,000 1,475,000 2,110,000 Packet Page 255 02/14/2023 REVENUE AND EXPENDITURE REPORT FOR CITY OF MUSKEGON PERIOD ENDING 12/31/2022 % Fiscal Year Completed: 50.41 CITY OF MUSKEGON MONTHLY BUDGET SUMMARY REPORT 2022‐23 END BALANCE ORIGINAL 2022‐23 YTD BALANCE YTD BALANCE 2022‐23 GL NUMBER DESCRIPTION 06/30/2022 BUDGET AMENDED BUDGET 12/31/2022 12/31/2021 AMENDED BUDGET Fund 254 ‐ MERCY HEALTH ARENA Revenues Dept 000 FEDERAL GRANTS 254‐000‐502 FEDERAL GRANTS 625,497.92 0.00 0.00 0.00 625,497.92 0.00 FEDERAL GRANTS 625,497.92 0.00 0.00 0.00 625,497.92 0.00 CHARGES FOR SERVICE 254‐000‐613‐004691 EVENT REVENUE 560,849.91 20,000.00 550,000.00 127,844.43 231,926.82 420,000.00 254‐000‐613‐004692 ARENA MAINTENANCE CHARGE 860,780.09 0.00 0.00 0.00 0.00 0.00 254‐000‐613‐004695 SHOP RENTAL 0.00 2,000.00 2,000.00 0.00 0.00 2,000.00 254‐000‐613‐004696 CONCESSION NON ALCHOLIC 60,860.49 0.00 12,696.00 30,822.69 5,404.72 80,000.00 254‐000‐613‐004699 FOOD HUB 0.00 72,500.00 72,500.00 8,021.76 0.00 25,000.00 254‐000‐614‐004630 CARLISLES 4,412.15 185,000.00 185,000.00 47,169.09 0.00 90,000.00 254‐000‐614‐004639 RAD DADS 271,468.02 250,000.00 250,000.00 127,486.62 131,373.89 250,000.00 254‐000‐614‐004640 TICKET SURCHARGE 34,484.16 480,000.00 20,000.00 13,545.46 7,656.25 35,000.00 254‐000‐614‐004646 CONCESSIONS FOOD 88,202.44 0.00 1,203.00 28,946.80 16,214.52 90,000.00 254‐000‐614‐004697 ALCOHOLIC BEVERAGE 209,759.92 0.00 6,767.00 52,418.24 24,461.05 200,000.00 254‐000‐614‐004698 FLOOR RENTAL 250,700.24 250,000.00 260,000.00 113,643.00 23,638.24 260,000.00 254‐000‐620‐004619 MISC. SALES AND SERVICES 6,190.07 3,000.00 3,000.00 2,734.66 1,212.46 5,000.00 254‐000‐626‐004666 PARKING LOT RENTAL ‐ WESTERN AVEN 45,266.00 36,000.00 36,000.00 11,935.50 17,900.00 30,000.00 254‐000‐632 ANNEX REVENUE 42,282.50 117,000.00 42,000.00 28,670.00 31,695.00 42,000.00 254‐000‐642‐004652 SALES & SERVICE 550.00 0.00 0.00 1,185.05 550.00 0.00 254‐000‐667‐004667 PARKING LOT RENTAL ‐ SHORELINE 16,967.50 15,000.00 15,000.00 520.00 8,494.50 3,000.00 254‐000‐667‐004677 RENT 88,739.99 100,000.00 100,000.00 106,245.26 91,631.75 175,000.00 254‐000‐671 ADVERTISING REVENUE 139,687.94 225,000.00 140,000.00 102,000.00 106,000.00 140,000.00 CHARGES FOR SERVICE 2,681,201.42 1,755,500.00 1,696,166.00 803,188.56 698,159.20 1,847,000.00 FINES & PENALTIES 254‐000‐657‐004802 REIMB:SERVICES RENDERED 2,366.02 0.00 0.00 11,079.00 0.00 11,000.00 254‐000‐665‐004970 INTEREST INCOME 79,781.75 0.00 3,097.00 7,640.06 340.20 7,600.00 FINES & PENALTIES 82,147.77 0.00 3,097.00 18,719.06 340.20 18,600.00 CONTRIBUTIONS & MISCELLANEOUS 254‐000‐677‐004808 SALE OF PROPERTY AND EQUIPMENT 0.00 10,000.00 0.00 0.00 0.00 0.00 CONTRIBUTIONS & MISCELLANEOUS 0.00 10,000.00 0.00 0.00 0.00 0.00 LICENSES & PERMITS 254‐000‐684‐004800 MISC. & SUNDRY 14,904.31 5,000.00 38,570.00 35,789.80 652.24 40,000.00 Packet Page 256 LICENSES & PERMITS 14,904.31 5,000.00 38,570.00 35,789.80 652.24 40,000.00 INTEREST & OPERATING TRANSFERS 254‐000‐699‐100000 OP. TRANS FROM GENERAL FUND 865,000.00 0.00 350,000.00 0.00 0.00 350,000.00 254‐000‐699‐400000 OP. TRANS FROM CAPITAL PROJECTS 0.00 450,000.00 450,000.00 28,767.74 0.00 450,000.00 INTEREST & OPERATING TRANSFERS 865,000.00 450,000.00 800,000.00 28,767.74 0.00 800,000.00 Total Dept 000 4,268,751.42 2,220,500.00 2,537,833.00 886,465.16 1,324,649.56 2,705,600.00 TOTAL REVENUES 4,268,751.42 2,220,500.00 2,537,833.00 886,465.16 1,324,649.56 2,705,600.00 Expenditures Dept 806 ‐ MERCY HEALTH ARENA SALARIES & BENEFITS 254‐806‐702 BUDGETED SALARIES & BENEFITS 0.00 418,301.00 418,301.00 0.00 0.00 418,301.00 254‐806‐703 SALARY PERMANENT 274,351.51 0.00 0.00 131,670.01 125,180.59 0.00 254‐806‐707 OVERTIME 14,229.88 0.00 0.00 4,304.78 9,640.46 0.00 254‐806‐708 VACATION PAY 5,989.90 0.00 0.00 13,595.93 852.48 0.00 254‐806‐709 LONGEVITY PAY 0.00 0.00 0.00 37.51 0.00 0.00 254‐806‐710 PERSONAL & OTHER LEAVE 974.09 0.00 0.00 978.64 653.73 0.00 254‐806‐711 HOLIDAY PAY 8,503.62 0.00 0.00 4,538.86 5,002.37 0.00 254‐806‐712 RETIREE HEALTHCARE ‐ GENERAL 18,370.63 0.00 0.00 4,709.93 13,800.37 0.00 254‐806‐714 MERS RETIREMENT SYSTEM 20,643.34 0.00 0.00 13,765.71 9,345.00 0.00 254‐806‐717 HEALTH INSURANCE 37,909.37 0.00 0.00 19,564.23 24,099.43 0.00 254‐806‐718 LIFE INSURANCE 1,125.40 0.00 0.00 648.24 584.27 0.00 254‐806‐719 DENTAL INSURANCE 4,972.28 0.00 0.00 2,818.27 2,669.25 0.00 254‐806‐721 DISABILITY INSURANCE 922.29 0.00 0.00 550.23 484.87 0.00 254‐806‐722 SOCIAL SECURITY 21,904.33 0.00 0.00 12,717.69 11,182.57 0.00 254‐806‐723 WORKERS' COMPENSATION 8,337.70 0.00 0.00 4,726.45 4,106.37 0.00 254‐806‐724 UNEMPLOYMENT 486.25 0.00 0.00 0.00 4.80 0.00 SALARIES & BENEFITS 418,720.59 418,301.00 418,301.00 214,626.48 207,606.56 418,301.00 CONTRACTUAL SERVICES 254‐806‐726 OTHER INSURANCE&BONDS 5,654.00 0.00 0.00 0.00 3,667.00 0.00 254‐806‐774 ANNEX EXPENSES 65,740.94 0.00 0.00 32,193.82 29,752.10 0.00 254‐806‐775 OPERATIONAL EXPENSE 15,084.53 0.00 0.00 21,218.41 8,186.45 0.00 254‐806‐776 COPY MACHINE CHARGES 212.16 0.00 0.00 88.40 88.40 0.00 254‐806‐801 OUTSIDE CONTRACTS 145,499.29 800,000.00 800,000.00 111,515.50 33,040.57 1,100,000.00 254‐806‐804 COMPUTER SERVICES 30,359.81 0.00 0.00 3,554.61 14,358.23 0.00 254‐806‐806 REFUSE COLLECTION 12,827.61 0.00 0.00 12,387.00 5,774.32 0.00 254‐806‐807 PEST CONTROL 903.00 0.00 0.00 570.00 570.00 0.00 254‐806‐850 TELEPHONE 7,619.16 0.00 0.00 2,367.03 4,389.98 0.00 254‐806‐903 ADVERTISING 139.18 0.00 0.00 0.00 139.18 0.00 254‐806‐920 ELECTRICITY 222,483.12 0.00 0.00 86,676.09 84,609.21 0.00 254‐806‐921 HEAT 76,283.40 0.00 0.00 37,068.81 31,868.74 0.00 254‐806‐922 WATER & SEWER 31,467.93 0.00 0.00 26,921.34 10,441.13 0.00 254‐806‐924 CABLE/INTERNET SERVICES 8,497.55 0.00 0.00 13,184.99 1,609.96 0.00 254‐806‐945 OTHER EQUIPMENT RENTAL 5,242.75 0.00 0.00 625.00 4,642.75 0.00 254‐806‐958 CREDIT CARD FEES ‐ ACTIVENET 535.29 0.00 0.00 0.00 4.05 0.00 Packet Page 257 254‐806‐962 SETTLEMENTS 656,542.91 0.00 0.00 167,538.28 192,137.54 0.00 254‐806‐963 REFUNDS/RESALES 16,214.72 0.00 0.00 7,966.82 4,248.97 0.00 CONTRACTUAL SERVICES 1,301,307.35 800,000.00 800,000.00 523,876.10 429,528.58 1,100,000.00 SUPPLIES 254‐806‐727 BUDGETED SUPPLIES 0.00 230,000.00 230,000.00 0.00 0.00 380,000.00 254‐806‐728 OFFICE SUPPLIES 708.87 0.00 0.00 235.33 45.21 0.00 254‐806‐736 CONCESSION DISPOSABLE 0.00 0.00 0.00 8,730.53 0.00 0.00 254‐806‐738 WINE 4,072.56 0.00 0.00 1,259.60 1,449.20 0.00 254‐806‐740 LIQUOR 10,533.88 0.00 0.00 9,111.91 5,411.22 0.00 254‐806‐742 BEER 32,873.16 0.00 0.00 18,267.87 9,378.20 0.00 254‐806‐743 FOOD & BEVERAGES 8,509.11 0.00 0.00 27,551.24 998.64 0.00 254‐806‐744 RAD DAD'S ALCOHOL 237,979.61 0.00 0.00 89,790.64 114,167.20 0.00 254‐806‐746 BEVERAGE 15,270.66 0.00 0.00 436.63 5,904.83 0.00 254‐806‐747 LICENSES 38,050.00 0.00 0.00 397.36 40.00 0.00 254‐806‐749 MISCELLANEOUS MATERIAL & SUPPLIE 5,610.66 0.00 0.00 1,500.00 4,545.70 0.00 254‐806‐751 OXYGEN,ACETYLENE & OTHER GASES 16,664.14 0.00 0.00 7,760.51 6,610.88 0.00 254‐806‐753 COMPUTER SUPPLIES 106.34 0.00 0.00 3,545.13 85.91 0.00 254‐806‐759 CONCESSION SUPPLIES 19,107.19 0.00 0.00 3,719.13 370.47 0.00 254‐806‐760 CUSTODIAL SUPPLIES 16,010.62 0.00 0.00 12,889.85 6,062.74 0.00 254‐806‐761 MAINTENANCE SUPPLIES 6,776.27 0.00 0.00 3,377.99 3,649.81 0.00 254‐806‐772 PROMOTIONAL SUPPLIES 3,346.89 0.00 0.00 2,179.65 97.46 0.00 SUPPLIES 415,619.96 230,000.00 230,000.00 190,753.37 158,817.47 380,000.00 OTHER EXPENSES 254‐806‐778 BUDGETED OTHER EXPENSES 20,000.00 20,000.00 20,000.00 20,000.00 0.00 30,000.00 254‐806‐783 YOUTH HOCKEY SUPPORT 13,800.00 0.00 0.00 0.00 7,450.00 0.00 254‐806‐861 CONFERENCE, TRAINING AND TRAVEL 770.08 0.00 0.00 27.00 691.60 0.00 OTHER EXPENSES 34,570.08 20,000.00 20,000.00 20,027.00 8,141.60 30,000.00 CAPITAL OUTLAYS 254‐806‐971 BUDGETED CAPITAL OUTLAYS 0.00 65,000.00 55,000.00 0.00 0.00 71,000.00 254‐806‐977 EQUIPMENT PURCHASES 501.71 0.00 0.00 7,587.68 0.00 254‐806‐980 COMPUTER HARDWARE & SOFTWARE 10,284.18 0.00 0.00 536.02 4,240.00 254‐806‐982 BUILDING PURCHASES&CONSTRUCTIO 20,836.23 0.00 0.00 8,775.09 18,423.77 254‐806‐983 EQUIPMENT REPAIR 3,982.75 0.00 0.00 1,086.40 1,963.53 254‐806‐986 BUILDING REPAIR & MAINTENANCE 64,334.09 0.00 0.00 24,138.26 49,705.15 CAPITAL OUTLAYS 99,938.96 65,000.00 55,000.00 42,123.45 74,332.45 71,000.00 Total Dept 806 ‐ MERCY HEALTH ARENA 2,270,156.94 1,533,301.00 1,523,301.00 991,406.40 878,426.66 1,999,301.00 Dept 812 ‐ CARLISLE CONTRACTUAL SERVICES 254‐812‐801 CONTRACTUAL SERVICES 0.00 0.00 0.00 0.00 10,185.68 0.00 CONTRACTUAL SERVICES 0.00 0.00 0.00 0.00 10,185.68 0.00 SUPPLIES 254‐812‐742 ALCOHOL CARLISLES 4,412.70 0.00 22,360.00 34,647.06 0.00 55,000.00 SUPPLIES 4,412.70 0.00 22,360.00 34,647.06 0.00 55,000.00 Packet Page 258 Total Dept 812 ‐ CARLISLE 4,412.70 0.00 22,360.00 34,647.06 10,185.68 55,000.00 Dept 901 ‐ UTILITY ASSISTANCE CONTRACTUAL SERVICES 254‐901‐801‐092113 CONTRACTUAL SERVICES 472,538.08 0.00 0.00 75.00 251,810.96 75.00 254‐901‐801‐092128 CONTRACTUAL SERVICES 424,585.32 0.00 1,995.00 7,318.80 0.00 7,320.00 254‐901‐801‐092201 CONTRACTUAL SERVICES 78,767.74 0.00 450,000.00 297,771.26 0.00 450,000.00 254‐901‐801‐092204 BUDGETED CONTRACTUAL SERVICES 0.00 0.00 8,824.00 8,823.81 0.00 8,824.00 254‐901‐801‐092205 BUDGETED CONTRACTUAL SERVICES 0.00 0.00 140,000.00 137,340.25 0.00 137,341.00 CONTRACTUAL SERVICES 975,891.14 0.00 600,819.00 451,329.12 251,810.96 603,560.00 SUPPLIES 254‐901‐749‐092113 MISCELLANEOUS MATERIAL & SUPPLIE 14,329.80 0.00 0.00 0.00 14,329.80 0.00 SUPPLIES 14,329.80 0.00 0.00 0.00 14,329.80 0.00 CAPITAL OUTLAYS 254‐901‐971 BUDGETED CAPITAL OUTLAYS 438,181.90 590,000.00 380,833.00 380,833.10 10,000.00 380,883.10 254‐901‐982‐092128 BUILDING PURCHASES&CONSTRUCTIO 558,738.50 0.00 0.00 0.00 93,150.00 0.00 CAPITAL OUTLAYS 996,920.40 590,000.00 380,833.00 380,833.10 103,150.00 380,883.10 Total Dept 901 ‐ CARLISLE BUILDOUT 1,987,141.34 590,000.00 981,652.00 832,162.22 369,290.76 984,443.10 TOTAL EXPENDITURES 4,261,710.98 2,123,301.00 2,527,313.00 1,858,215.68 1,257,903.10 3,038,744.10 Fund 254 ‐ MERCY HEALTH ARENA: TOTAL REVENUES 4,268,751.42 2,220,500.00 2,537,833.00 886,465.16 1,324,649.56 2,705,600.00 TOTAL EXPENDITURES 4,261,710.98 2,123,301.00 2,527,313.00 1,858,215.68 1,257,903.10 3,038,744.10 NET OF REVENUES & EXPENDITURES 7,040.44 97,199.00 10,520.00 (971,750.52) 66,746.46 (333,144.10) BEG. FUND BALANCE 54,928.22 61,968.66 61,968.66 61,968.66 54,928.22 61,968.66 END FUND BALANCE 61,968.66 159,167.66 72,488.66 (909,781.86) 121,674.68 (271,175.44) reversal of Carlisle $210,000 Packet Page 259 02/14/2023 REVENUE AND EXPENDITURE REPORT FOR CITY OF MUSKEGON PERIOD ENDING 12/31/2022 % Fiscal Year Completed: 50.41 CITY OF MUSKEGON MONTHLY BUDGET SUMMARY REPORT 2022‐23 END BALANCE ORIGINAL 2022‐23 YTD BALANCE YTD BALANCE 2022‐23 GL NUMBER DESCRIPTION 06/30/2022 BUDGET AMENDED BUDGET 12/31/2022 12/31/2021 AMENDED BUDGET Fund 643 ‐ ENGINEERING SERVICES Revenues Dept 000 LICENSES & PERMITS 643‐000‐498 LICENSE AND PERMIT MISC. 15,636.25 0.00 3,400.00 7,200.00 11,248.25 3,400.00 643‐000‐684‐004680 INTERDEPT.ENGINEERING FEES 575,183.35 637,000.00 637,000.00 291,382.09 307,524.43 452,000.00 LICENSES & PERMITS 590,819.60 637,000.00 640,400.00 298,582.09 318,772.68 455,400.00 FINES & PENALTIES 643‐000‐665‐004970 INTEREST INCOME 335.52 0.00 0.00 83.19 184.83 0.00 FINES & PENALTIES 335.52 0.00 0.00 83.19 184.83 0.00 CHARGES FOR SERVICE 643‐000‐682 ENGINEERING FEES 53,858.00 50,000.00 50,000.00 38,113.00 13,073.00 50,000.00 CHARGES FOR SERVICE 53,858.00 50,000.00 50,000.00 38,113.00 13,073.00 50,000.00 INTEREST & OPERATING TRANSFERS 643‐000‐699‐100000 OPERATING TRANSFER FROM GENERAL 0.00 40,000.00 40,000.00 0.00 0.00 225,000.00 INTEREST & OPERATING TRANSFERS 0.00 40,000.00 40,000.00 0.00 0.00 225,000.00 Total Dept 000 645,013.12 727,000.00 730,400.00 336,778.28 332,030.51 730,400.00 Dept 447 ‐ ENGINEERING Packet Page 260 LICENSES & PERMITS 643‐447‐684 MISC. & SUNDRY 214.53 0.00 0.00 29.26 0.00 0.00 LICENSES & PERMITS 214.53 0.00 0.00 29.26 0.00 0.00 Total Dept 447 ‐ ENGINEERING 214.53 0.00 0.00 29.26 0.00 0.00 TOTAL REVENUES 645,227.65 727,000.00 730,400.00 336,807.54 332,030.51 730,400.00 Expenditures Dept 203 ‐ PENSION ADMINISTRATION SALARIES & BENEFITS 643‐203‐714 MERS RETIREMENT SYSTEM 55,861.20 65,038.00 65,038.00 25,479.41 27,930.60 65,038.00 SALARIES & BENEFITS 55,861.20 65,038.00 65,038.00 25,479.41 27,930.60 65,038.00 Total Dept 203 ‐ PENSION ADMINISTRATION 55,861.20 65,038.00 65,038.00 25,479.41 27,930.60 65,038.00 Dept 447 ‐ ENGINEERING SALARIES & BENEFITS 643‐447‐702 BUDGETED SALARIES & BENEFITS 0.00 467,500.00 467,500.00 0.00 0.00 467,500.00 643‐447‐703 SALARY PERMANENT 205,399.92 0.00 0.00 114,758.68 78,875.04 0.00 643‐447‐705 TEMPORARY SALARY 8,765.66 0.00 0.00 0.00 8,765.66 0.00 643‐447‐707 OVERTIME 15,358.85 0.00 0.00 9,130.82 9,954.92 0.00 643‐447‐708 VACATION PAY 25,978.09 0.00 0.00 14,861.25 11,481.90 0.00 643‐447‐709 LONGEVITY PAY 1,050.00 0.00 0.00 600.00 450.00 0.00 643‐447‐710 PERSONAL & OTHER LEAVE 5,777.85 0.00 0.00 1,516.18 2,068.76 0.00 643‐447‐711 HOLIDAY PAY 6,918.97 0.00 0.00 3,903.59 3,750.68 0.00 643‐447‐712 RETIREE HEALTHCARE ‐ GENERAL 22,368.63 0.00 0.00 12,785.37 11,352.05 0.00 643‐447‐714 MERS RETIREMENT SYSTEM 20,396.16 0.00 0.00 13,425.67 9,877.13 0.00 643‐447‐717 HEALTH INSURANCE 66,033.06 0.00 0.00 44,288.84 31,573.58 0.00 643‐447‐718 LIFE INSURANCE 737.87 0.00 0.00 497.12 364.05 0.00 643‐447‐719 DENTAL INSURANCE 3,486.76 0.00 0.00 2,241.98 1,674.08 0.00 643‐447‐721 DISABILITY INSURANCE 869.92 0.00 0.00 560.07 414.39 0.00 643‐447‐722 SOCIAL SECURITY 18,006.31 0.00 0.00 11,325.28 9,048.20 0.00 Packet Page 261 643‐447‐723 WORKERS' COMPENSATION 2,239.20 0.00 0.00 2,329.10 878.06 0.00 643‐447‐724 UNEMPLOYMENT 275.82 0.00 0.00 0.00 0.00 0.00 SALARIES & BENEFITS 403,663.07 467,500.00 467,500.00 232,223.95 180,528.50 467,500.00 CONTRACTUAL SERVICES 643‐447‐726 OTHER INSURANCE&BONDS 3,229.82 0.00 0.00 0.00 0.00 0.00 643‐447‐801 CONTRACTUAL SERVICES 7,261.98 192,319.00 192,319.00 3,879.75 6,980.04 192,319.00 643‐447‐850 TELEPHONE 3,862.86 0.00 0.00 1,691.52 1,482.25 0.00 643‐447‐940 RENTAL OF BUILDINGS 49,862.04 0.00 0.00 35,248.98 24,931.02 0.00 643‐447‐944 VEHICLE RENTAL 19,970.04 0.00 0.00 14,392.98 9,985.02 0.00 643‐447‐955 INDIRECT COST ALLOCATION 55,953.00 0.00 0.00 38,654.52 27,976.50 0.00 643‐447‐963 REFUNDS/RESALES 31.00 0.00 0.00 0.00 0.00 0.00 CONTRACTUAL SERVICES 140,170.74 192,319.00 192,319.00 93,867.75 71,354.83 192,319.00 SUPPLIES 643‐447‐727 BUDGETED SUPPLIES 0.00 5,350.00 5,350.00 0.00 0.00 5,350.00 643‐447‐728 OFFICE SUPPLIES 72.99 0.00 0.00 106.00 72.99 0.00 643‐447‐730 PUBLICATIONS & MEMBERSHIPS 0.00 0.00 0.00 25.00 0.00 0.00 643‐447‐734 CLOTHING & UNIFORMS 1,076.12 0.00 0.00 454.02 387.35 0.00 643‐447‐741 TOOLS 172.75 0.00 0.00 1,121.09 86.42 0.00 643‐447‐747 LICENSES 80.00 0.00 0.00 780.00 80.00 0.00 643‐447‐749 MISCELLANEOUS MATERIAL & SUPPLIES 3,202.98 0.00 0.00 394.39 1,643.29 0.00 643‐447‐753 COMPUTER SUPPLIES 79.99 0.00 0.00 1,054.21 0.00 0.00 643‐447‐765 ROAD MAINTENANCE SUPPLIES 32.88 0.00 0.00 0.00 21.12 0.00 643‐447‐900 PUBLICATIONS 0.00 0.00 0.00 117.07 0.00 0.00 SUPPLIES 4,717.71 5,350.00 5,350.00 4,051.78 2,291.17 5,350.00 OTHER EXPENSES 643‐447‐778 INVENTORY YARDS 0.00 5,000.00 5,000.00 0.00 0.00 5,000.00 643‐447‐861 CONFERENCE, TRAINING AND TRAVEL 2,766.85 0.00 0.00 977.00 2,644.00 0.00 OTHER EXPENSES 2,766.85 5,000.00 5,000.00 977.00 2,644.00 5,000.00 OTHER FINANCING USES 643‐447‐968 DEPRECIATION EXPENSE 2,499.12 0.00 0.00 416.52 1,249.56 0.00 Packet Page 262 OTHER FINANCING USES 2,499.12 0.00 0.00 416.52 1,249.56 0.00 CAPITAL OUTLAYS 643‐447‐971 BUDGETED CAPITAL OUTLAYS 0.00 25,000.00 25,000.00 0.00 0.00 25,000.00 643‐447‐977 EQUIPMENT PURCHASES 7,400.73 0.00 0.00 0.00 7,400.73 0.00 643‐447‐980 COMPUTER HARDWARE & SOFTWARE 14,021.32 0.00 0.00 19,742.70 13,721.28 0.00 CAPITAL OUTLAYS 21,422.05 25,000.00 25,000.00 19,742.70 21,122.01 25,000.00 Total Dept 447 ‐ ENGINEERING 575,239.54 695,169.00 695,169.00 351,279.70 279,190.07 695,169.00 TOTAL EXPENDITURES 631,100.74 760,207.00 760,207.00 376,759.11 307,120.67 760,207.00 Fund 643 ‐ ENGINEERING SERVICES: TOTAL REVENUES 645,227.65 727,000.00 730,400.00 336,807.54 332,030.51 730,400.00 TOTAL EXPENDITURES 631,100.74 760,207.00 760,207.00 376,759.11 307,120.67 760,207.00 NET OF REVENUES & EXPENDITURES 14,126.91 (33,207.00) (29,807.00) (39,951.57) 24,909.84 (29,807.00) BEG. FUND BALANCE 36,058.53 50,185.44 50,185.44 50,185.44 36,058.53 50,185.44 END FUND BALANCE 50,185.44 16,978.44 20,378.44 10,233.87 60,968.37 20,378.44 Packet Page 263 02/14/2023 REVENUE AND EXPENDITURE REPORT FOR CITY OF MUSKEGON PERIOD ENDING 12/31/2022 % Fiscal Year Completed: 50.41 CITY OF MUSKEGON MONTHLY BUDGET SUMMARY REPORT 2022‐23 END BALANCE ORIGINAL 2022‐23 YTD BALANCE YTD BALANCE 2022‐23 GL NUMBER DESCRIPTION 06/30/2022 BUDGET AMENDED BUDGET 12/31/2022 12/31/2021 AMENDED BUDGET Fund 594 ‐ MARINA AND LAUNCH RAMP Revenues Dept 000 CHARGES FOR SERVICE 594‐000‐631 ICE SALES 587.00 0.00 0.00 247.00 443.00 0.00 594‐000‐644‐004626 LARGE BASIN FEES 161,528.58 170,000.00 170,000.00 106,511.50 90,650.23 170,000.00 594‐000‐644‐004627 SMALL BASIN FEES (795.00) 0.00 0.00 0.00 0.00 0.00 594‐000‐644‐004628 MOORING FEES 15,219.79 15,000.00 15,000.00 9,000.81 8,370.50 15,000.00 594‐000‐644‐004629 TRANSIENT FEES 5,064.00 7,500.00 7,500.00 1,813.00 4,752.00 7,500.00 594‐000‐653 LAUNCH RAMP 101,801.50 75,000.00 75,000.00 45,447.00 43,416.00 75,000.00 CHARGES FOR SERVICE 283,405.87 267,500.00 267,500.00 163,019.31 147,631.73 267,500.00 FINES & PENALTIES 594‐000‐656 TRAFFIC FINES & FEES 976.80 2,500.00 2,500.00 140.00 871.80 2,500.00 594‐000‐665‐004970 INTEREST INCOME 0.00 50.00 50.00 20.13 0.00 50.00 FINES & PENALTIES 976.80 2,550.00 2,550.00 160.13 871.80 2,550.00 LICENSES & PERMITS 594‐000‐684‐004800 MISC. & SUNDRY 8,033.59 0.00 0.00 200.00 470.00 0.00 LICENSES & PERMITS 8,033.59 0.00 0.00 200.00 470.00 0.00 594‐000‐699‐100000 TRANSFER FROM GF 0.00 0.00 0.00 0.00 0.00 450,000.00 Total Dept 000 292,416.26 270,050.00 270,050.00 163,379.44 148,973.53 720,050.00 TOTAL REVENUES 292,416.26 270,050.00 270,050.00 163,379.44 148,973.53 720,050.00 Expenditures Dept 597 ‐ MUNICIPAL MARINA SALARIES & BENEFITS 594‐597‐702 BUDGETED SALARIES & BENEFITS 0.00 41,900.00 41,900.00 0.00 0.00 41,900.00 Packet Page 264 594‐597‐703 SALARY PERMANENT 14,209.54 0.00 0.00 8,192.96 8,029.04 0.00 594‐597‐707 OVERTIME 2,184.87 0.00 0.00 1,166.38 1,063.15 0.00 594‐597‐708 VACATION PAY 147.68 0.00 0.00 0.00 0.00 0.00 594‐597‐709 LONGEVITY PAY 37.50 0.00 0.00 187.50 37.50 0.00 594‐597‐710 PERSONAL & OTHER LEAVE 32.70 0.00 0.00 0.00 0.00 0.00 594‐597‐711 HOLIDAY PAY 18.68 0.00 0.00 0.00 0.00 0.00 594‐597‐712 RETIREE HEALTHCARE ‐ GENERAL 5,601.62 0.00 0.00 2,636.82 2,769.03 0.00 594‐597‐714 MERS RETIREMENT SYSTEM 641.35 0.00 0.00 130.55 122.72 0.00 594‐597‐717 HEALTH INSURANCE 3,485.84 0.00 0.00 459.41 1,526.11 0.00 594‐597‐718 LIFE INSURANCE 91.70 0.00 0.00 40.02 39.32 0.00 594‐597‐719 DENTAL INSURANCE 340.49 0.00 0.00 123.38 146.39 0.00 594‐597‐721 DISABILITY INSURANCE 90.51 0.00 0.00 36.74 37.52 0.00 594‐597‐722 SOCIAL SECURITY 1,885.72 0.00 0.00 777.69 791.40 0.00 594‐597‐723 WORKERS' COMPENSATION 1,614.01 0.00 0.00 661.77 697.01 0.00 594‐597‐724 UNEMPLOYMENT 19.98 0.00 0.00 0.00 0.00 0.00 SALARIES & BENEFITS 30,402.19 41,900.00 41,900.00 14,413.22 15,259.19 41,900.00 CONTRACTUAL SERVICES 594‐597‐726 OTHER INSURANCE&BONDS 11,917.51 0.00 0.00 3,243.77 4,478.48 0.00 594‐597‐776 COPY MACHINE CHARGES 200.86 0.00 0.00 9.46 132.59 0.00 594‐597‐801 CONTRACTUAL SERVICES 170,421.11 262,212.00 262,212.00 81,853.67 73,087.75 289,500.00 594‐597‐807 PEST CONTROL/AQUATIC NUISANCE 500.00 0.00 0.00 0.00 0.00 0.00 594‐597‐850 TELEPHONE 2,200.58 0.00 0.00 523.07 863.83 0.00 594‐597‐920 ELECTRICITY 66,087.61 0.00 0.00 31,544.62 36,750.06 0.00 594‐597‐921 HEAT 674.35 0.00 0.00 499.80 364.83 0.00 594‐597‐922 WATER & SEWER 16,195.96 0.00 0.00 7,628.93 5,629.70 0.00 594‐597‐940 RENTAL OF BUILDINGS 0.00 0.00 0.00 1,363.02 0.00 0.00 594‐597‐944 VEHICLE RENTAL 16,641.96 0.00 0.00 11,416.48 8,320.98 0.00 594‐597‐955 INDIRECT COST ALLOCATION 11,169.00 0.00 0.00 5,866.98 5,584.50 0.00 594‐597‐956 CITY SERVICE FEE/CONTRIBUTIONS 13,499.64 0.00 0.00 6,749.82 6,749.82 0.00 594‐597‐963 BANK CHARGES 3,904.41 0.00 0.00 3,183.82 2,279.08 0.00 CONTRACTUAL SERVICES 313,412.99 262,212.00 262,212.00 153,883.44 144,241.62 289,500.00 SUPPLIES 594‐597‐727 BUDGETED SUPPLIES 0.00 18,000.00 18,000.00 0.00 0.00 18,000.00 594‐597‐728 OFFICE SUPPLIES 544.20 0.00 0.00 0.00 94.20 0.00 594‐597‐730 PUBLICATIONS & MEMBERSHIPS 275.00 0.00 0.00 0.00 0.00 0.00 594‐597‐731 POSTAGE 0.00 0.00 0.00 55.57 0.00 0.00 594‐597‐737 IRRIGATION SUPPLIES 479.18 0.00 0.00 0.00 6.06 0.00 594‐597‐749 MISCELLANEOUS MATERIAL & SUPPLIES 1,508.20 0.00 0.00 866.31 114.02 0.00 594‐597‐753 COMPUTER SUPPLIES 858.29 0.00 0.00 386.67 289.24 0.00 594‐597‐758 BUILDING SUPPLIES 71.36 0.00 0.00 0.00 0.00 0.00 594‐597‐760 CUSTODIAL SUPPLIES 2,531.27 0.00 0.00 838.73 1,809.34 0.00 594‐597‐762 EQUIPMENT SUPPLIES 142.37 0.00 0.00 157.76 39.99 0.00 Packet Page 265 SUPPLIES 6,409.87 18,000.00 18,000.00 2,305.04 2,352.85 18,000.00 OTHER EXPENSES 594‐597‐778 BUDGETED OTHER EXPENSES 0.00 500.00 500.00 0.00 0.00 500.00 594‐597‐861 CONFERENCE, TRAINING AND TRAVEL 1,053.05 0.00 0.00 0.00 0.00 0.00 OTHER EXPENSES 1,053.05 500.00 500.00 0.00 0.00 500.00 OTHER FINANCING USES 594‐597‐968 DEPRECIATION EXPENSE 107,417.58 0.00 0.00 18,811.47 53,708.79 0.00 OTHER FINANCING USES 107,417.58 0.00 0.00 18,811.47 53,708.79 0.00 CAPITAL OUTLAYS 594‐597‐973 LAND IMPROVEMENTS (34,438.62) 0.00 0.00 0.00 0.00 0.00 594‐597‐980 COMPUTER HARDWARE & SOFTWARE 209.04 0.00 0.00 0.00 114.00 0.00 594‐597‐983 EQUIPMENT REPAIR 3,598.79 0.00 0.00 0.00 1,298.79 0.00 CAPITAL OUTLAYS (30,630.79) 0.00 0.00 0.00 1,412.79 0.00 Total Dept 597 ‐ MUNICIPAL MARINA 428,064.89 322,612.00 322,612.00 189,413.17 216,975.24 349,900.00 Dept 759 ‐ LAUNCH RAMPS SALARIES & BENEFITS 594‐759‐702 BUDGETED SALARIES & BENEFITS 0.00 22,875.00 22,875.00 0.00 0.00 22,875.00 594‐759‐703 SALARY PERMANENT 11,533.17 0.00 0.00 494.60 6,768.56 0.00 594‐759‐712 RETIREE HEALTHCARE ‐ GENERAL 2,106.08 0.00 0.00 112.15 1,072.01 0.00 594‐759‐714 MERS RETIREMENT SYSTEM 752.26 0.00 0.00 57.36 580.82 0.00 594‐759‐717 HEALTH INSURANCE 3,792.69 0.00 0.00 124.46 2,505.26 0.00 594‐759‐718 LIFE INSURANCE 26.55 0.00 0.00 1.60 16.31 0.00 594‐759‐719 DENTAL INSURANCE 220.12 0.00 0.00 11.22 144.74 0.00 594‐759‐721 DISABILITY INSURANCE 45.03 0.00 0.00 2.75 27.71 0.00 594‐759‐722 SOCIAL SECURITY 838.20 0.00 0.00 52.40 512.49 0.00 594‐759‐723 WORKERS' COMPENSATION 814.94 0.00 0.00 49.73 515.40 0.00 594‐759‐724 UNEMPLOYMENT 1.17 0.00 0.00 0.00 0.00 0.00 SALARIES & BENEFITS 20,130.21 22,875.00 22,875.00 906.27 12,143.30 22,875.00 CONTRACTUAL SERVICES 594‐759‐801 CONTRACTUAL SERVICES 10,690.24 10,500.00 10,500.00 8,262.00 4,749.47 10,500.00 594‐759‐963 BANK CHARGES 905.31 0.00 0.00 0.00 905.31 0.00 CONTRACTUAL SERVICES 11,595.55 10,500.00 10,500.00 8,262.00 5,654.78 10,500.00 SUPPLIES 594‐759‐727 BUDGETED SUPPLIES 0.00 3,700.00 3,700.00 0.00 0.00 3,700.00 594‐759‐749 MISCELLANEOUS MATERIAL & SUPPLIES 2,290.68 0.00 0.00 0.00 1,582.19 0.00 594‐759‐758 BUILDING SUPPLIES 1,758.90 0.00 0.00 0.00 887.78 0.00 SUPPLIES 4,049.58 3,700.00 3,700.00 0.00 2,469.97 3,700.00 Packet Page 266 CAPITAL OUTLAYS 594‐759‐971 BUDGETED CAPITAL OUTLAYS 0.00 35,000.00 35,000.00 0.00 0.00 35,000.00 594‐759‐983 EQUIPMENT REPAIR 51.20 0.00 0.00 0.00 0.00 0.00 CAPITAL OUTLAYS 51.20 35,000.00 35,000.00 0.00 0.00 35,000.00 Total Dept 759 ‐ LAUNCH RAMPS 35,826.54 72,075.00 72,075.00 9,168.27 20,268.05 72,075.00 Dept 901 ‐ DOCKS & BUILDING UPGRADE MARINA CONTRACTUAL SERVICES 594‐901‐801‐091809 CONTRACTUAL SERVICES 177,824.71 0.00 0.00 0.00 83,506.87 0.00 CONTRACTUAL SERVICES 177,824.71 0.00 0.00 0.00 83,506.87 0.00 CAPITAL OUTLAYS 594‐901‐988 FIXED ASSETS CAPITALIZATION (177,824.71) 0.00 0.00 0.00 (34,438.62) 0.00 CAPITAL OUTLAYS (177,824.71) 0.00 0.00 0.00 (34,438.62) 0.00 Total Dept 901 ‐ FIXED ASSETS CAPITALIZATION 0.00 0.00 0.00 0.00 49,068.25 0.00 TOTAL EXPENDITURES 463,891.43 394,687.00 394,687.00 198,581.44 286,311.54 421,975.00 Fund 594 ‐ MARINA AND LAUNCH RAMP: TOTAL REVENUES 292,416.26 270,050.00 270,050.00 163,379.44 148,973.53 720,050.00 TOTAL EXPENDITURES 463,891.43 394,687.00 394,687.00 198,581.44 286,311.54 421,975.00 NET OF REVENUES & EXPENDITURES (171,475.17) (124,637.00) (124,637.00) (35,202.00) (137,338.01) 298,075.00 BEG. FUND BALANCE 757,577.60 586,102.43 586,102.43 586,102.43 757,577.60 586,102.43 END FUND BALANCE 586,102.43 461,465.43 461,465.43 550,900.43 620,239.59 884,177.43 Packet Page 267 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 14, 2023 Title: 2nd Amendment, Brownfield Development & Reimbursement Agreement, Adelaide Pointe QOZB, LLC Submitted By: Contessa Alexander Department: Department of Development Services Brief Summary: Staff is seeking approval for the 2nd Amendment, Brownfield Development & Reimbursement Agreement, for Adelaide Pointe QOZB, LLC (Adelaide Pointe Project) and to consider the attached resolution. Detailed Summary & Background: Contingent upon the approval of the 2nd Amendment to the BPA for Adelaide Pointe, the 2nd Amendment to the Brownfield Development & Reimbursement Agreement for Adelaide Pointe QOZB, LLC has been prepared. This will cause a shift in the Brownfield Tax Increment Funds to allow the developer to receive 100% reimbursement for eligible activities. The City is no longer using bonds to pay for public infrastructure. The developer will undertake the public infrastructure expenses moving forward. The BRA will meet on the morning of March 14. It is under the assumption that the 2nd Amendment to the DRA will be approved during that meeting. The 1st Amendment to the DRA for APQ was approved by the BRA and CC on Jan. 10, 2023. Goal/Focus Area/Action Item Addressed: Focus Area: improved access to the waterfront, blight cleanup, progress toward completion of ongoing economic development projects Action Item 2022-2.6: Complete Adelaide Pointe public improvements Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: Motion to approve the resolution for the Brownfield Development and Reimbursement Agreement for Adelaide Pointe QOZB, LLC authorizing the Mayor and City Clerk to sign. Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting to sending to the Clerk. Immediate Division Head Information Technology Yes Other Division Heads Communication No Legal Review For City Clerk Use Only: Commission Action: Packet Page 268 RESOLUTION APPROVING THE BROWNFIELD DEVELOPMENT AND REIMBURSEMENT AGREEMENT Adelaide Pointe QOZB, LLC (1148-1204 West Western) Adelaide Pointe Project, 2nd Amendment County of Muskegon, Michigan 2023-March 14 Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of Muskegon, Michigan (the "City"), held in the City Commission Chambers on the 14th day of March 2023 at 5:30 p.m., prevailing Eastern Time. PRESENT: ABSENT: The following preamble and resolution were offered by ______________ and supported by ______________. WHEREAS, in accordance with the provisions of Act 381, Public Acts of Michigan, 1996, as amended ("Act 381"), the City of Muskegon Brownfield Redevelopment Authority (the "Authority") has prepared and approved a Development and Reimbursement Agreement; and WHEREAS, the Authority has forwarded the Development and Reimbursement Agreement (2nd Amendment) to the City Commission requesting its approval of the Development and Reimbursement Agreement (2nd Amendment); and NOW, THEREFORE, BE IT RESOLVED THAT: 1. That the Brownfield Plan constitutes a public purpose under Act 381. 2. That the Brownfield Plan meets all the requirements of Section 13(1) of Act 381. 3. That the proposed method of financing the costs of the eligible activities, as identified in the Brownfield Plan and defined in Act 381, is feasible and the Authority has the authority to arrange the financing. 4. That the costs of the eligible activities proposed in the Brownfield Plan are reasonable and necessary to carry out the purposes of Act 381. Packet Page 269 5. That the amount of captured taxable value estimated to result from the adoption of the Brownfield Plan is reasonable. 6. That the Development and Reimbursement Agreement (2nd Amendment) is approved and is effective immediately. 7. That all resolutions or parts of resolutions in conflict herewith shall be and the same are hereby rescinded. Be it Further Resolved that the Mayor and City Clerk are hereby authorized to execute all documents necessary or appropriate to implement the provisions of the Brownfield Plan. AYES: NAYS: ABSENT: RESOLUTION DECLARED APPROVED. _____________________________________ Ann Marie Meisch, City Clerk _____________________________________ Kenneth D. Johnson, Mayor Packet Page 270 I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a regular meeting held on March 14, 2023 and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act,being Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of said meetingwere kept and will be or have been made available as required by said Act. ______________________________ Ann Marie Meisch, City Clerk Packet Page 271 SECOND AMENDMENT TO DEVELOPMENT AND REIMBURSEMENT AGREEMENT ADELAIDE POINTE This FIRST AMENDMENT TO DEVELOLPMENT AND REIMBURSEMENT AGREEMENT (“Agreement”) is made __________, 2022 (“Effective Date”) between the City of Muskegon Brownfield Redevelopment Authority (“Authority”), a Michigan public body corporate, with an address of 933 Terrace Street, Muskegon, MI 49440 (“Authority”), City of Muskegon, a Michigan Municipal Corporation (“City”), with an address of 933 Terrace St., Muskegon, MI 49440, and Adelaide Pointe Qozb, LLC (“APQ”), with an address of 1204 W. Western Avenue, Muskegon, MI 49441. Authority, City and APQ are at times referred to as a “Party” or together as “Parties”. Background APQ owns approximately 30 acres of waterfront brownfield property which is located at the west end of West Western Avenue within the City of Muskegon. The City owns certain property adjacent to, and to the east of, the APQ Property commonly known as Hartshorn Marina which the City has previously used for public small boat slip rentals and related activities. The APQ Property and the City Property may be collectively referred to as the “Property”. APQ and the City have entered into a “Cooperative Use and Development Agreement” which substantiates APQ’s and the City’s desire to a) utilize each other’s specified property for beneficial use b) cooperate in the pursuit of funding for improvements to each other’s Property c) assist one another with applications and approvals for improvements and d) make improvements as specified in the APQ PUD approved by the City Commission on September 13, 2022. APQ intends to develop the Property for mixed uses including boat storage, boat dockage, in-out boat service, marinas, residential condominiums, commercial uses, and open space and recreational areas (“Development”). The specific improvements to be included in the Development will be defined in the Cooperative Use Agreement, addendums to this Agreement and the Planned Unit Development Agreement (“PUD”) to be submitted to the City (“Development Agreements”). Authority, City and APQ entered into a Development and Reimbursement Agreement effective ____, 202___, which was approved by the Authority on November 9, 2021 and by the City on November 23, 2021. Pursuant to that Agreement, APQ and City were to perform “eligible activities” and be reimbursed, as defined and provided for in that Agreement. The Parties agree as follows and that to the extent this Agreement and the Development and Reimbursement Agreement vary, this Agreement shall control: 1. Background. The Parties agree the Background paragraphs are true and correct and are incorporated into the body of this Agreement. 2. Improvements. APQ will develop both the APQ Property and the City Property as a mixed-use development including boat storage, boat dockage, in-out boat service, marinas, residential condominiums, commercial uses, and open space and recreational areas. 1 Packet Page 272 3. Indemnity and Insurance. APQ holds the City harmless and will indemnify the City for any liability, including attorney fees, resulting from the engineering, design and construction of the Project. City and APQ will name the other on their respective general liability insurance policies. 4. Changes, Standards and Dedication. All improvements must be made according to the plans and specifications of the APQ PUD approved by the City. All construction of Public Improvements must be completed to the standards established by the City of Muskegon (“City Standard”). The City will accept a dedication of all or any portion of the Public Improvements only if built to City Standards. 5. Addendum Presentation. APQ shall, from time to time, present addendums to the City that detail discrete development projects that improve the Property according to the PUD. To the extent the addendums addresses “eligible expenses” and expenses to be reimbursed by the Authority, the addendums shall also be provided to the Authority for purposes of Amending the Development and Reimbursement Agreement and the Brownfield Plan. These addendum shall detail Authority, City and APQ obligations to one another and shall include but not be limited to: a. Architectural and/or Engineering drawings b. Construction schedules c. Construction budgets d. Itemization of relevant Brownfield Reimbursements that will be paid to APQ by City e. Proof of financing 6. Addendum Approvals. Upon receiving necessary Authority and City approvals of each Addendum all parties shall be obligated to perform under the obligations detailed in the addendum. Approvals by Authority and City shall not be unreasonably withheld if they are compliant with improvements approved in APQ’s PUD. 7. Funding for Brownfield Reimbursements. a. Brownfield Tax Increment Financing. APQ has submitted to the Authority an amendment to the current brownfield plan. Pursuant to the Brownfield Redevelopment Financing Act, Act 381 of the Public Acts of Michigan of 1996 as amended (“Act 381”) the Authority adopted the brownfield plan amendment on October 12, 2021 (the “Brownfield Plan Amendment”) to add the APQ Property. i. The Property is included in the Brownfield Plan Amendment as an “eligible property” because it is a “facility” as defined by Part 201 of the Natural Resources and Environmental Protection Act (“Part 201”). ii. Neither the City nor APQ is a liable party, under Part 201, for remediation of any existing contamination on the Property. iii. APQ has and will continue to conduct Eligible Activities (as defined in Act 381) on the Property to address environmental and other brownfield conditions, in addition to the construction of roads, water mains and sewer mains, in a collaborative effort to position the Property for redevelopment. Actual expenditures by the Parties to undertake eligible environmental activities on the Property are estimated to be $35 million dollars not including 2 Packet Page 273 interest. Eligible demolition and site preparation costs incurred by these same parties is estimated to exceed $13 million dollars. These efforts are aimed at facilitating the redevelopment of the Property as a transformational mixed-use project, including residential and various commercial uses (the “Project”). iv. The Project will include demolition activities, performance of baseline environmental assessment activities, due care and other environmental response activities, site preparation activities, demolition activities, construction of infrastructure improvements, Brownfield Plan Amendment and work plan preparation, contingency, interest and other Eligible Activities, all as described in the Brownfield Plan Amendment and eligible for reimbursement under Act 381. v. The cost of Eligible Activities may be incurred by the City and APQ, The total cost of the Eligible Activities in the Brownfield Plan Amendment, including contingencies, is estimated to be $35 million dollars (the “Total Eligible Brownfield TIF Costs”). To accommodate the lapse in time from when costs of Eligible Activities are incurred to when tax increment revenues become available for reimbursement of those costs, interest at the rate of 5% per annum is also included in the Brownfield Plan Amendment in the estimated total amount of $28 million dollars (collectively, the interest plus the costs of Eligible Activities are referred to as the “Total Eligible Brownfield TIF Costs”). vi. The Eligible Activities will facilitate redevelopment of the Property which will improve the environmental and aesthetic condition of the Property, increase employment within the City, increase tax base within the City, and otherwise enhance the economic vitality, environmental health and quality of life in the City. vii. Act 381 permits the Authority to capture and use the school tax (where applicable), if permitted by the state, and local property tax revenues (both real and personal property) generated from the incremental increase in property value of a redeveloped brownfield site constituting an “eligible property” under Act 381 to pay or to reimburse the cost of Eligible Activities conducted on the “eligible property” (the “Brownfield TIF Revenue”). viii. In accordance with Act 381, the parties desire to establish a procedure for using the available Brownfield TIF Revenue generated from the Property to reimburse APQ for completion of Eligible Activities on the Property in amounts not to exceed the Total Eligible Brownfield TIF Costs. ix. During the Term (defined below) of this Agreement, the Authority shall reimburse APQ for the cost of Eligible Activities conducted on the Property from the Brownfield TIF Revenue collected from the Property in accordance with the Brownfield Plan Amendment, unless modified by later addendums or amendments. The amount reimbursed to the APQ for the Eligible Activities shall not exceed the lesser of (a) the cost of Eligible Activities incurred by the Property Owner plus interest, or (b) the Total Eligible Brownfield TIF Costs plus interest. The Authority shall capture Brownfield TIF Revenue from the Property and reimburse APQ for the cost of Eligible Activities incurred until 3 Packet Page 274 the earlier of being fully reimbursed or December 31, 2056 (“Term”). If the Term ends before the full reimbursement of all Total Eligible Brownfield TIF Costs, the last reimbursement payment by the Authority shall be the summer and winter tax increment collected during the final year of this Agreement. x. Reimbursement payments shall be made on a semi-annual basis as incremental local and school taxes are captured and available. xi. During the term of this Agreement, the Authority shall capture all approved and authorized Brownfield TIF Revenue from the Property and use those revenues as provided in this Agreement. xii. Intentionally left blank. xiii. Reimbursement Process. 1. APQ shall periodically submit to the Authority a “Request for Cost Reimbursement” of Eligible Activities paid for by APQ during the term of this Agreement. All costs for the Eligible Activities must be consistent with the approved Brownfield Plan Amendment. APQ must include documentation sufficient for the Authority to determine whether the costs incurred were for Eligible Activities, including detailed construction draws or invoices and proof of payment or lien waivers. Copies of all invoices for Eligible Activities must note what Eligible Activities they support. 2. Within forty-five (45) days after a Request for Cost Reimbursement has been reviewed and approved by the City’s or Authority’s agent or employee as required in Section 7.a and reviewed and approved by the Authority or designate as to whether it is an “eligible expense”, the Authority shall pay to APQ the amounts for which submissions have been made pursuant to this Agreement. The Authority’s obligation to pay APQ is limited to available Brownfield TIF Revenue from the Property. 3. All requests for Cost reimbursement submitted by APQ for each approved Addendum between City, APQ, and the City of Muskegon Brownfield Redevelopment Authority and all requests for cost reimbursement submitted by future owners of all or a portion of the APQ Property pursuant to a separate Development and Reimbursement Agreement(s), shall be reimbursed in the order in which they are received by the City of Muskegon Brownfield Redevelopment Authority from the portion of the Brownfield TIF revenue, as described above. 4. The Parties shall cooperate with the Authority’s review by providing information and documentation to supplement the Request for Cost Reimbursement which may be reasonably requested by the Authority during its review period. 4 Packet Page 275 5. All or any portion of any Request for Cost Reimbursement that is not paid within 45 days after receipt by the Authority shall accrue simple interest at the rate of five percent (5%) per annum from the date the Request for Cost Reimbursement is submitted to the Authority for payment until the earlier of the date of full reimbursement, including interest. The payment of interest shall be subject to the following limitations (i) to the extent there is not sufficient Brownfield TIF Revenue captured and collected in a fiscal year and permitted to be used to pay interest accruing in such fiscal year, any unpaid interest shall not be paid, but shall carry over to the next fiscal year, (ii) interest carried over to subsequent fiscal years shall not accrue interest (i.e., no interest on interest), and (iii) interest on School Taxes captured shall only be payable to the extent permitted by the Michigan Strategic Fund (“MSF”) and/or the Michigan Department of Environment, Great Lakes and Energy (“MEGLE”). 6. The Authority shall have no obligation to reimburse the City or any other entity for Eligible Costs or interest from Brownfield TIF Revenue captured after 35 years after the date of the adoption of the Development and Reimbursement Agreement. xiv. Allocation of Base Value and Priority of Reimbursements. 1. The initial taxable value of the Property as of the date of this Agreement is $903,810, as set forth in the Brownfield Plan Amendment (“Base Value”). If the Property is divided into two or more separate taxable parcels in connection with the development of the Project, the Base Value shall be allocated to each resulting parcel based upon the relative number of square feet of each parcel. The Base Value allocated to a separate undeveloped parcel in this manner shall be the base value of that parcel for purposes of calculating Brownfield TIF Revenue, regardless of when any Development and Reimbursement Agreement is entered into in connection with the redevelopment of that parcel. Brownfield TIF Revenue generated from any separate parcel divided from the Property after the date of this Agreement shall be available for reimbursement of the Authority’s Administrative Fee and payment of all requests for cost reimbursement submitted by owners of all or any portion of the Property. 2. Notwithstanding any provision in this Agreement to the contrary, the Authority’s annual TIF Management Administrative Fee, as described in the Brownfield Plan Amendment, shall be paid to the Authority each year to the extent that Brownfield TIF Revenue has been captured and collected during that year, prior to the payment of any Request for Cost Reimbursement. xv. Adjustments. 5 Packet Page 276 1. Until the cost of eligible activities is fully reimbursed, APQ agrees to waive any appeal of any tax assessment or reassessment of any portion of the Property; provided, however, that this waiver shall not be binding on any person or entity who acquires title to all or any portion of the Property after the date of this Agreement. 2. If, due to an appeal of any tax assessment or reassessment of any portion of the Property, or for any other reason the Authority is required to reimburse any Brownfield TIF Revenue previously paid to APQ or any future owner to any tax levying unit of government, the Authority may deduct the amount of any such reimbursement, including interest and penalties, from any amounts due and owing APQ. If all amounts due APQ under this Agreement have been fully paid or the Authority is no longer obligated to make any further payments to APQ, the Authority shall invoice APQ for the amount of such reimbursement and APQ shall pay the Authority such invoiced amount within 45 days of receipt of the invoice. Amounts invoiced and paid to the Authority by APQ pursuant to this Section shall be reinstated as Eligible Activities for which APQ shall have the opportunity to be reimbursed in accordance with the terms, conditions and limitations of this Agreement. xvi. Legislative Authorization. This Agreement is governed by and subject to the restrictions set forth in Act 381. If there is legislation enacted in the future that alters or affects the amount of Brownfield TIF Revenue subject to capture, eligible property, or Eligible Activities, then the Property Owner’s rights and the Authority’s obligations under this Agreement shall be modified accordingly as required by law, or by agreement of the parties. 8. Notices. All notices, approvals, consents and other communications required under this Agreement shall be in writing and shall be deemed given: (i) when delivered in person; (ii) when sent by fax or email: (iii) when sent by a nationally-recognized receipted overnight delivery service with delivery fees prepaid; or (iv) when sent by united states first-class, registered, or certified mail, postage prepaid. The notice shall be effective immediately upon personal delivery or upon transmission of the fax or email; one day after depositing with a nationally recognized overnight delivery service; and five days after sending by first class, registered, or certified mail. Notices shall be sent to the parties as follows: To: City of Muskegon To: APQ 933 Terrace Street 1204 W. Western Ave. Muskegon, MI 49440 Muskegon, MI 49440 Attn: City Manager Attn: Ryan Leestma w/copy to: w/copy to: Parmenter Law Jaffe, Raitt Heuer & Weiss, P.C. 601 Terrace Street 27777 Franklin Rd. Suite 2500 6 Packet Page 277 Muskegon, Michigan 49440 Southfield, Michigan 48034 Attn: City Attorney Attn: Kenneth J. Clarkson 9. Recording. This Agreement shall not be recorded; however, upon the request of either party hereto, the other party shall join in the execution of a memorandum or "short form" of this Agreement for the purposes of recordation. 10. Force Majeure. Notwithstanding anything herein to the contrary, if due to a Force Majeure Event (defined below), APQ, Authority and/or City is prevented from timely performing under this Agreement or any third‐party providing services or required information in connection with this Agreement (e.g.: lender, appraiser, title company, surveyor, environmental consultants, governmental jurisdictions, etc.) closes its offices, suspends operations or otherwise prevents APQ and/or the City from timely performing under the Agreement as originally contemplated, then the applicable outstanding dates, deadlines or time periods herein, shall each be extended for the duration of the Force Majeure Event and shall resume on such date that APQ and the City, as applicable, are once again able to perform their obligations under this Agreement. To invoke the tolling of time periods as set forth herein for a Force Majeure Event, the applicable party must send written notice to the other party specifying the reason for invocation and the date on which the tolling of time begins and a subsequent notice shall be delivered to confirm the date the Force Majeure Event ended. The term "Force Majeure Event" as used herein shall mean the following: Act of God; strike, lockout, or other labor or industrial disturbance; war; blockade; public riot; fire; storm; flood; explosion; or other delay caused by unforeseeable circumstances beyond the reasonable control of APQ or the City as applicable, including widespread sickness (including sickness causing quarantine and other "stay at home" or "shelter in place" orders, and including, but not limited to, the Coronavirus Disease 2019. 11. Severability. If any term, provision or condition contained in this Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Agreement (or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable) shall not be affected thereby, and each term, provision or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 12. Miscellaneous. This Agreement may be amended or modified only by the written agreement of APQ, Authority, and City. Each exhibit attached to this Agreement is incorporated and made a part of this Agreement as though more fully set forth in this Agreement. If the deadline for performing any act would otherwise fall on a weekend day or a holiday, such deadline shall automatically be extended to the next succeeding business day. This Agreement shall be interpreted under and governed by the laws of the State of Michigan. All representations and warranties made in this Agreement by APQ, Authority, and City shall survive the termination of this Agreement for a period of one year. 13. Counterparts; Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall be deemed to be one and the same instrument. Electronically imaged signatures may be used in place of original signatures on this Agreement. APQ, Authority and City intend to be bound by the signatures on the electronically imaged document, are aware that the 7 Packet Page 278 other party will rely on such signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of signature. 14. Binding Effect. This Agreement shall be binding upon and enforceable by the parties and their respective legal representatives, successors, and assigns. 15. Assignment or Delegation. No party shall assign or delegate all or any portion of its rights or obligations contained in this Agreement without the express or prior written approval of the other parties, in which approval may be withheld in each other party’s sole discretion. 16. Estoppel. If requested by APQ, City will provide an estoppel certificate to such party as requested by APQ which certificate shall provide, if true, that the Development Agreement and the exhibits represent the entire agreement between APQ and City and that no defaults exist under the Development Agreement and no events have occurred that would, with notice or the expiration of a period of time, constitute a default. [Signature Page Follows] 8 Packet Page 279 AUTHORITY: CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY, a Michigan public body BY________________________ Name: Title: Chair Date: ____________________, 2023 BY: ________________________ Name: Title: Secretary Date: ____________________, 2023 CITY: CITY OF MUSKEGON, a municipal corporation BY________________________ Name: Kenneth D. Johnson Title: Mayor Date: ____________________, 2023 BY: ________________________ Name: Ann Meisch Title: Clerk Date: ____________________, 2023 APQ: ADELAIDE POINTE QOZB, LLC, A Michigan limited liability company By Name: Ryan M. Leestma Title: Owner 3-2-23 Date: ____________________, 2023 9 Packet Page 280 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 3/14/23 Title: 1095 Third Street Proposal Reviews Submitted By: Jake Eckholm Department: Economic Development Brief Summary: Two Low Income Housing Tax Credit firms and one market rate developer have all approached us on the Catholic Charities parcel, and we have solicited proposals on their concepts for staff and commission review Detailed Summary & Background: We have received consistent interest in this site over the past 8-10 months, but it has been under contract with another developer. Now that firm has bowed out due to market conditions, and we have proposals from other entities that wish to complete infill housing and/or mixed-use projects at the site. The building currently sits empty, and we have our facilities team routinely checking it for utility issues and any potential dumping/blight/vandalism problems. Thus far we have been quite lucky and there are minimal issues. We did just have a boiler component fail, so we cut off the gas and turned off the water to the building to avoid any damage. The building should not sit vacant under our ownership for another year as it will continue to deteriorate, and it presents a powerful opportunity to address the housing shortage we are experiencing in the community. To that end, staff has requested the various firms that have inquired about the building to show us what they are proposing, and would like commission feedback in selecting a preferred firm. As this was not a formal RFP, rather than make a specific recommendation staff will review each proposal and highlight pros and cons from each. We hope to move forward with direction on a preferred private sector partner from the commission’s perspective as they all offer different scopes, and will return to you with a proposed development agreement in an upcoming meeting. Goal/Focus Area/Action Item Addressed: Goal 1 (Image) Housing Focus Area, Goal 2 (Quality of Life) Housing Focus Area, Action Item 21-8 Expand Housing Options, and Goal 3 (Revitalize Revenues) Housing Focus Area, Action Item 21- 13 Increase Property Values in Urban Core and Eastside Neighborhoods Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Packet Page 281 Recommended Motion: Motion to accept the proposal from (_______________) as presented and direct the Development Services Director to negotiate a purchase and development agreement for 1095 Third Street for commission consideration. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads Communication No Legal Review For City Clerk Use Only: Commission Action: Packet Page 282 West Urban Properties, LLC Presents: 1095 Third Street Redevelopment Project Program and Proposed Development Packet Page 283 Packet Page 284 A Culture Of Inclusivity A Conceptual View of West Urban Properties contribution to Muskegon’s Revitalization into the 21st Century and Beyond. Packet Page 285 Blending Past, Present and Future • Inclusivity of a community does not happen solely on a horizontal plane. It is NOT merely about mixing cultures. Integration is horizontal and vertical. • Inclusivity happens from the center of the neighborhoods to the borders of the community and from the borders back in. • Simply put- a community is blended from the ground to the sky and aim to capture all the beating hearts in between. Packet Page 286 Socio Economic Muskegon Recaptured! The chasm of empty space left behind after the Muskegon Mall demolition eventually became recognized as an opportunity to re-imagine the cultural identity of this lakeshore community. The efforts to revitalize the downtown Muskegon area are undeniably successful. Embracing the rich history of the city and its architecture has maintained a sense of place and character. Now, in 2023, Muskegon boasts a diverse population that attracts varied businesses, residents and tourists. The next step- • Bring that same success into local neighborhoods! • Address the ongoing housing shortage across income groups while honoring the rich history of Muskegon and building community! Packet Page 287 1095 Third Street, Muskegon, MI 49440 Historic Preservation Why preserve? “….to enrich the cultural identity of a community; to stabilize and strengthen property values; to attract businesses, residents of place and give a sense of history and character. “ This structure was built in 1927 in the Morderne Art Deco style which celebrated the modern machine and promoted geometric forms. A remodel that ignores the historical elements of the architectural style. Our Proposed design plans to use the original structure, exterior elements such as brick, if found safe for use, and include decorative design elements from the Moderne Art Deco Period blended with contemporary elements and materials of today. Packet Page 288 1095 Third Street, Muskegon, MI 49440 Area Housing A concern for the citizens and government of Muskegon has long been the procurement of affordable housing. A city filled with beautiful but aging houses adds visual culture but without funds and fortitude this may also lead to an overwhelming amount of unsafe living environments and create a housing shortage. Size of families within a household as well as the culture and lifestyle are always changing. Flexible design is needed to meet the widest variety of family needs. West Urban Properties will explore incorporating HCV/Section 8 Vouchers into our program as well as market rate value within the “MidTown Center” project. Packet Page 289 1095 Third Street, Muskegon, MI 49440 Area Housing West Urban Properties, LLC. sets forth the goal meeting the housing needs of Culture and Community. Within 3 to 6 minutes walking distance of MidTown Square there are approximately 560 affordable housing units in existing apartment buildings in the city of Muskegon. Walking distance Driving distance Within 4 miles of MidTown Square there are approximately 972 affordable housing units. • Muskegon has a shortage of housing in all demographic groups. • West Urban Properties, LLC. aims to provide a rich quality of life to all demographic groups. Packet Page 290 1095 Third Street, Muskegon, MI 49440 Area Housing West Urban Properties, LLC. sets forth the goal Of responding to a growing community. • Not enough vacancies. • Family Housing- 2+ bedrooms. • 71.8% Want more apartments. • Housing for ages 25-40. • WEST URBAN PROPERTIES, LLC. CAN HELP! Graphic table is taken from the Muskegon Housing Needs Assessment, Bowen National Research, 2023 West Urban Properties, LLC commits to exploring the possibility of meeting a mix of the following needs. Low Income Community HCV/Section 8 Out/RETAIL 1 Vouchers bedroom Millennials Employee growth Studio Inclusivity 2 bedroom Apartment Medical Field Growth Community White within/ Empty Blue collar collar HEALTH Nesters Growth Growth WELLNESS Packet Page 291 1095 Third Street, Muskegon, MI 49440 Corner of Houston and Third Street Presents MidTown Center A Mixed Use Residential and Retail Project Focused on Providing an Inclusive and Integrated Living Community. *All Drawings and designs dependent on feasibility study. Packet Page 292 3 Story Townhomes Third St. Houston St. 3 Story Townhomes Mixed Use Apartments Site Plan: MidTown Center 1095 Third St. Muskegon, MI 49440 Packet Page 293 Side views of MidTown Center. Townhomes having individual parcel numbers so that the units can be rented or sold. Third Street View 3rd Street Side of MidTown Center Building 3rd Street MidTown Center Town Homes Packet Page 294 *All Drawings and designs dependent on feasibility study. Corner view of MidTown Center Town Homes, corner of Third St. and W. Muskegon Ave. *All Drawings and designs dependent on feasibility study. Packet Page 295 Side views of MidTown Center. Townhomes having individual parcel numbers so that the units can be rented or sold. Houston Street View MidTown Center on Houston Street MidTown Center Town Houses on Houston Street *All Drawings and designs dependent on feasibility study. Packet Page 296 Lower Level First Level Showing Potential Apartment Layout at Full Capacity. Packet Page 297 Second Level Showing Potential Apartment Layout at Full Capacity. General Feel of Town Homes- Large windows with expansive views. Easy living Luxury vinyl Floors. Contemporary Cabinets will lead to an overall warm and modern feeling. Source: Pictures taken from Western Place Condominiums Packet Page 298 Proposed Option pending feasibility study. West Urban Properties proposes to explore the potential for 2 additional added to the first two floors. Packet Page 299 *All Drawings and designs dependent on feasibility study. Third Street View of 4 story option. Basic floor plan 3rd and 4th, floors. The addition of two more stories will allow for 2- bedroom apartments or 34 more single apartments- 17 on each floor Packet Page 300 *All Drawings and designs dependent on feasibility study. With Sincere Appreciation for the opportunity to share in the growth of Muskegon. Questions may be directed to: Dave Dusendang 616 874 7085 Packet Page 301 Mr. Jake Eckholm Director of Development Services City of Muskegon Development Services Department 933 Terrace Street Muskegon, MI 49440 RE: Letter of Intent to Redevelop City Owned Property 1095 3rd Street, Muskegon, MI 49441 PIDN: 61-24-205-350-0009-00, 61-24-205-350-0001-00 1.16 +/- Acres Mr. Eckholm, Please accept this letter of intent as a formal request by Spire Development (“Spire”) to redevelop approximately 1.16 +/- acres of City of Muskegon owned property, located at 1095 3rd Street, Muskegon, MI 49441 and identified in Exhibit A (PIDN: 61-24-205-350-0009-00, 61-24-205-350-0001-00) (the “Property”). Project Description Spire intends to redevelop the Property as a 45-55 unit, 100% affordable, workforce housing community (the “Project”) that will be financed in-part with the Michigan State Housing Development Authority (“MSHDA”) tax credit program. The Project’s 1, 2, and 3-BR units will be affordable to residents up to 80% of the Area Median Income (“AMI”). The Project will be designed as a 2-3 story enclosed garden walk-up and will feature multiple amenities such as a community room, leasing office, resident storage space, and indoor bicycle storage. The Project will be highly energy efficient, meeting Enterprise Green or LEED standards. The Project will be designed with input from the local historic district and will complement the architectural character of the area. Spire is committed to preserving and or replicating the old façade of the existing building underneath the currently plastered exterior as shown in the attached Exhibit B, subject to structural integrity. The reconstructed building will include common space, residential units, and a potential white-box commercial space, should market conditions support it. A three-story building will be built on the 0.21-acre lot on the corner of Muskegon Avenue and 3rd Street, and an additional two to three story building will be built along Houston Avenue. Buildings will be designed to maximize frontage along all roads. Parking will be designed to be accessed from the alley. Project Need in the Community The Project will benefit the city in multiple ways. It will directly fulfill a measured need for tax credit workforce housing in the community, as identified in the 2023 Muskegon Housing Needs Assessment and the 2019 Multi-Family Housing Study, City of Muskegon, Michigan. The Project will re-develop a vacant infill lot in a historical district along a public transportation corridor, which will encourage further development along Muskegon Avenue and 3rd Street. The Project will create jobs and support local businesses by employing numerous local subcontractors and tradesmen who will construct and consume in the vicinity. Working families will benefit from the Project’s proximity public transportation and major employers, while seniors looking to downsize from single family homes will have a new housing option built to modern accessibility standards. Finally, residents will be able to live in an environment where they are not rent burdened and therefore will have more disposable income to support the local economy. Packet Page 302 Project Ownership and Management Spire Development will serve as the developer and long-term owner of the Project, which we anticipate will be managed by KMG Prestige. KMG Prestige is one of the largest affordable housing management companies in the state of Michigan and has partnered with Spire on prior projects, the most recent being Center City Lofts, a 55-unit workforce housing development in Midland, Michigan. Spire will engage a third-party general contractor via a competitive bid process to construct the project, which will support local subcontractors. Project Timeline Should Spire be selected for redevelopment of the Property, we will immediately engage with city staff to present concept plans and solicit feedback. The goal of outreach will be to determine the ideal architectural design and site plan layout to best serve the needs of the community. Spire has a history of welcoming and incorporating stakeholder input to deliver projects that enhance the communities in which they are located. After city staff’s input has been received, Spire will apply for tax credits in the October 2023 funding round. Should Spire successfully receive a funding award, groundbreaking will occur in the spring of 2024. The project will be completed in the summer of 2025. Spire Development appreciates the opportunity to present a concept plan for the subject Property. Please do not hesitate to contact the undersigned with any questions you may have. Sincerely, Sean McMickle Development Vice President Spire Development, Inc. Attachments - Exhibit A: Property map - Exhibit B: Existing structure historical photographs - Exhibit C: Example Spire Development Projects Packet Page 303 Exhibit A: Property Map +/- 1.16 acres PIDN#s: 61-24-205-350-0009-00 61-24-205-350-0001-00 Packet Page 304 Exhibit B: Existing structure historical photographs Packet Page 305 Exhibit C: Example Spire Development Projects Lofts at Milnes Plaza, Coldwater, Michigan Packet Page 306 Packet Page 307 Center City Lofts, Midland, Michigan Austin Commons, Miami Township, Ohio Packet Page 308 THIRD STREET LIVE/WORK LOFTS 1095 THIRD STREET REDEVELOPMENT PROPOSAL Submitted by General Capital Group MARCH 5, 2023 Josh Hafron, 414-228-3518 General Capital Group Packet Page 309 COLLABORATE · INNOVATE · EXECUTE 6938 N S A N TA M O N I C A B LV D MILWAUKEE, WI 53217 P: 414.228.3500 F: 414.228.3700 G E N E R A L C A P I TA L G R O U P.C O M TABLE OF CONTENTS 1. Cover Letter 2. Proposed Development Vision 3. Financial Structure and Financial Stability 4. Appendix a. General Capital and Bedrock Construction Company b. Hooker DeJong Architects c. Progressive A/E d. KMG Prestige Packet Page 310 COLLABORATE · INNOVATE · EXECUTE 6938 N S A N TA M O N I C A B LV D MILWAUKEE, WI 53217 P: 414.228.3500 F: 414.228.3700 G E N E R A L C A P I TA L G R O U P.C O M March 5, 2023 Mr. Jake Eckholm Director of Development Services City of Muskegon 933 Terrace Street Muskegon, MI 49440 Re: Redevelopment Proposal for Third Street Live/Work Loft Apartments 1095 Third Street Dear Jake: General Capital Group is pleased to present our proposed redevelopment plan for 1095 Third Street in Muskegon’s vibrant Nelson neighborhood. The attached proposal responds to the City of Muskegon’s specific development goals. We are familiar with the site and have been interested in pursuing a development in this area for several years. While our previous efforts to secure a site in the neighborhood (at 1144 Third Street) did not come to fruition, we are excited by the opportunity to propose a large-scale redevelopment of this property. We believe this site presents an excellent opportunity for a vibrant, mixed-use workforce housing community with state-of-the-art residential amenities and a combination of retail and live/work opportunities that will activate and engage both Third Street and Houston Avenue. Our research indicates a tremendous demand for high-quality affordable housing in Downtown Muskegon and our track record demonstrates our ability to turn this project into a reality. In addition, our proposal directly responds to the City’s recently released “Housing Needs Assessment” conducted by Bowen National Research, which indicates tremendous housing demand in our target demographic and rental price points. As the City is aware, General Capital is active in Downtown Muskegon; we developed both the Berkshire – Muskegon independent senior project as well as our recently opened TEN21 Apartments on Jefferson Street, only a couple of blocks away from the proposed site. In addition, General Capital recently acquired the Village at Jackson Hill on the City’s east side. As we have done in the past with our projects in Muskegon, General Capital takes particular care in developing designs that reflect the local neighborhood fabric. We don’t use building prototypes and standard floorplans. Each housing community is unique to its placement in the neighborhood and surrounding community. We find this approach generates long- term value for us, as owners, as well as the communities in which we operate. Our projects blend seamlessly with the neighborhood as we have demonstrated with both our Berkshire and TEN21 projects in Downtown Muskegon. General Capital’s plan for this site reflects the City’s “Preferred Development Vision” as a point of departure. The City is seeking a multi-story mixed-use development with a focus on the pedestrian environment and active first floor uses to complement the neighborhood. Our plan enlivens the public Packet Page 311 realm by providing active uses on the ground floor including commercial space in live/work units that help incubate and foster small businesses and increase urban vitality. We will incorporate the historic Catholic Charities building into our development as the cornerstone of the project, providing a beautiful two-story “Main Street” style frontage to our 51-unit development. We are proposing to restore and repurpose this two-story structure with a new commercial storefront with a “Community Serving Facility,” community space and loft-style apartments. General Capital has specific experience renovating historic structures, similar to what we are proposing here. We are proposing to activate the Houston Street frontage with live/work units with active pedestrian storefronts lining the street, offering residents the opportunity to operate a business or studio on the ground floor of these unique two-story units. Together, our scheme creates a cohesive, multi-building development that fits the scale and character of the neighborhood. Given the high priority the City has placed on restoring this structure, our group has the experience it takes to realize the successful combination of an historic building and a new construction addition as we are proposing. We have done very similar historic renovation/new construction combinations with our Niles Post Office Apartments and Albert Kahn Apartments in Jackson, Michigan. In addition to contributing to the vitality of Downtown, our project will be a showcase for sustainable urban infill development. Our project will be LEED®- certified and will use state-of-the-art infrastructure; high efficiency plumbing fixtures; energy efficient lighting; EnergyStar® furnaces and appliances; certain recycled building materials and other green/sustainable features. Participation in the LEED program assures the City that our project will meet a stringent third-party green building verification process. General Capital’s project will also include numerous Universal Design features to ensure that the entire community can enjoy our property. All outdoor spaces will be designed with accessibility in mind and our units will include flexible designs that provide opportunities for increased accessibility. For example, cabinets that can be converted to accommodate individuals with physical disabilities. All units will be visitable and 10% of the units will be barrier free. Together, our forward-thinking design, approach to sustainability, diversity and inclusion, will make our project a cornerstone of the lively Nelson neighborhood. As a brief introduction, General Capital is a leading Milwaukee-area based real estate development firm focused on developing high-quality, sustainable projects in established urban neighborhoods, each with a unique character reflecting the community in which it is developed. Our firm is a recognized leader in the development of high-quality affordable housing communities using federal, state and local housing financing programs in Wisconsin, Michigan and Illinois. Our core business also includes the development and acquisition of office, industrial, retail and market-rate multi-family assets. The firm was established in 1994 and has developed over 37 housing tax credit projects to date. General Capital develops or repositions institutional quality assets that are typically held in the company’s portfolio for the long term. In selecting and executing its projects, General Capital works closely with municipalities to ensure that projects enhance long-term community goals and objectives. We have a well-established track record in Michigan (nine projects to date) and are familiar with funding programs available for this project. We find that generating good ideas is the “easy part” of development. The challenge is to close these deals in today’s high cost and high interest rate environment. Our team has a long and successful track record of choosing projects carefully and executing the details with great care. Our ideas get done. Structuring innovative transactions with a deep understanding of property subsidy, public and private financing structures and other soft money financing vehicles is a strong suit of our development team. This project is no exception, and our development team has the expertise required to navigate the complexity to execute our plan. We encourage you to visit our website to view the depth of our experience and portfolio: www.generalcapitalgroup.com. 1095 Third Street RFP – Muskegon, MI GENERAL CAPITAL GROUP Packet Page 312 Over the years, we have developed strong relationships with Michigan-based firms to ensure the best fit of professionals with local knowledge and expertise. Our team will consist of Hooker DeJong Architects (Muskegon), Progressive A/E for civil engineering (Grand Rapids) and KMG Prestige, our Michigan-based property manager (Mt. Pleasant, MI). In addition, Tom Lapka of Mallory, Lapka, Scott and Selin (Lansing) will serve as our Michigan-based counsel. Together, this core group has successfully collaborated on nine projects with excellent, proven results. General Capital’s subsidiary, Bedrock Construction Company, will act as General Contractor for the project. Bedrock has built over 25 tax credit projects over the years. We have found that we get the best results by building our projects ourselves. While we do not self-perform any trades, we have deep relationships with the industry and have found that we can best control schedule and delivery with this approach. More specifically, we typically hire local and/or regionally-based superintendents and use a Construction Manager form of delivery in the field. This allows us to tap local subcontractors and professional trades. After construction is complete, KMG will typically hire a local on- site property manager and maintenance personnel to run the property on a day-to-day basis. This allows us to maintain a connection with the local community on an ongoing basis. We believe our approach will yield an outstanding realistic, achievable project for the Catholic Charities site. The enclosed supporting materials reflect our concept design and site plan, which we believe is a great fit for the site. We are also including an overview of our firm, projects and professional team. Together, we have accomplished this before with excellent outcomes, as evidenced by our existing projects in Muskegon. Even though the City is familiar with our team, we encourage you to contact our references to confirm our ongoing reputation with municipal and banking partners. You will find that our team is professional and straightforward, with a particular emphasis of creating “win-win” scenarios for the communities in which we work. We look forward to presenting our proposal in more detail. In the meantime, please don’t hesitate to contact Josh Hafron, our primary contact, at 414-228-3518 with any questions regarding our proposal. As a final note, because of the similar nature of our proposal to previous historic renovation projects we have developed, we are happy to set up site visits for you to view our projects in Niles and Jackson firsthand. As always, thank you for your time and consideration. Sincerely, General Capital Group Josh Hafron 1095 Third Street RFP – Muskegon, MI GENERAL CAPITAL GROUP Packet Page 313 SECTION 2 Proposed Development Vision and Program Packet Page 314 PROPOSED DEVELOPMENT VISION AND PROGRAM General Capital is proposing a 51-unit mixed-use development called “Third Street Live/Work Loft Apartments” consisting of a combination of adaptive re-use units and commercial space in the existing building as well as a 3-story addition along Houston Avenue. In developing the proposal, our Muskegon- based architect Hooker DeJong considered the existing fabric of the neighborhood including massing, streetscape and architectural character of surrounding buildings. The result is a scheme with three primary components: 1. Adaptive Re-use of the Historic Catholic Charities Building. We have recently renovated such historic structures and incorporated them into new developments in both Niles and Jackson, Michigan. In both cases, the renovations received the nod of the state’s Historic Preservation Office without going through the formality of the National Park Service process. In other words, we have done this successfully before and understand what it takes to accomplish this. In the case of the Catholic Charities building, we intend to remove the existing stucco exterior to expose the original brick and storefront super structure below. We intend to replace the storefront on the ground floor and open the structural bays on the upper floor to authentically reproduce the spirit of the original building. We then intend to renovate the ground floor into commercial space, community meeting and amenity space and loft-style units on the back of the building and second floor. To allow us the greatest flexibility in repurposing this structure, we do not intend to pursue historic preservation tax credits. This will allow us to use as much of the existing structure and character as possible, while allowing us to make the building work for us. 2. A 3-story new construction addition with unique two-story “live/work” units. We intend to connect the existing Catholic Charities building to a new 3-story structure that will include 35 units in a combination of one-, two- and three-bedroom configurations. The unique live/work units will include direct entries from the street, allowing for residents to “hang their shingle” and promote their home-based business in a separate space. Uses we have seen is such spaces include artists’ studios, hairdressers, accountants, architects and therapists. These spaces works nicely as incubator spaces for new businesses before finding outside commercial space. These units will create a lively, active frontage along Houston Avenue, rather than the typical apartment building up against the sidewalk. 3. Pocket Park and Food Truck/Market Space. We intend to preserve the parking lot at the corner of Third Street and Muskegon Avenue to support area businesses with public parking and offer a potential gathering space for food trucks and/or market stalls as the community sees fit. We intend to work with City to program and fund this space. Our intent is to keep it separate from our primary proposal. We believe it should be maintained as a gateway site with a special public purpose. We believe our project offers the City a vibrant, mixed-use community that responds to the needs of the neighborhood. General Capital has a tremendous track record of getting these projects off the ground, from initial concept to the groundbreaking. We believe our concept has merit and is the right size and scale for this site. 1095 Third Street RFP – Muskegon, MI GENERAL CAPITAL GROUP Packet Page 315 Muskegon, MI 03.03.2023 Conceptual Design Review Packet Page 316 PROJECT OVERVIEW | PROJECT LOCATION Site Location: 1095 Third Street Muskegon, Michigan A0.95-acre site at the intersection of Houston Ave and 3rd Street in the City’s Nelson Neighborhood, in close proximity to the Downtown Heritage District. The site serves as a connector gateway between the outer residential neighborhoods and the Downtown Heritage District. PROPOSED SITE W APPLE AVE HACKLEY PARK 2N D ST HAMILTON AVE 3R D ST HOUSTON AVE E AV ON ST 4T U H HO ST MONROE AVE Nelson Place Apartments E E AV O ONR M MERRILL AVE VE First L LA Congregational RI ER Church M Packet Page 317 3 PROJECT BRIEF | ZONING INFORMATION Zoning Classification: FBC-MS: FBC - Mainstreet / Non Form Based Code Zoning Areas The site is included in the form-based code and is also specified within the PUD district. The site is zoned FBC- MS (FBC Mainstreet), which is intended to provide a focal point that serves the city’s neighborhoods by accom- modating retail, service, and residential uses in a compact, walkable urban form. The Mainstreet area is charac- terized by mixed use buildings set next to the sidewalk in order to create a street wall and promote commerce and shopping. These buildings contain primarily street level retail use; however, residential and service uses may occur on the ground floor so that the area can mature over time. This district also supports live/work establish- ments, multi-plex housing and some rowhouses, with a high level of walkability and vibrancy at the street level. PROPOSED SITE DEER TRAIL WA Form Based Code TA GI DD OT IN GS Zoning Districts SIMONELLI PETERSON HA BUYS LL GREEN CREEK VIR IDI AN Form Based Code Zones FBC-MSW LAKE BREEZE VIRIDIAN FBC-DT: FBC - DOWNTOWN TIMBERLANE MAPLE RIDGE DELZ YU FBC-MS: FBC - MAINSTREET TE RR AC T E IN FBC-MSW: FBC - MAINSTREET WATERFRONT FBC-NC POE AC MUSKEGON FBC-NC LAKECORE - FBC - NEIGHBORHOOD MU RR SP CHARLEVOIX B RP AY RI TE 1N CL NG 3 FBC-NE: FBC - NEIGHBORHOOD EDGE CORNERSTONE BR HORTON HAMPSTEAD FBC-UR: FBC - URBAN RESIDENTIAL IS FBC-MS WA L CE R MANISTEE OR FBC-NC DA GLENVIEW NON FORM BASED CODE ZONING AREAS BEAR LAKE M 3R RN R D TE GLADSTONE ES FBC-DT W TE AM CHEBOYGAN RR NOTTINGHA ON LE M AC LT RT FBC-NC WA MY E M AR CADILLAC T ALLEN BEAR LK FBC-NC 5T GAYLORD PI N APPLE H GL E E D OR JEFFERSON NW O NC CO HAMILTON OD TE FBC-UR SANFORD RR SB SIMOT 2ND D AC 31 F OR RT BR E FBC-MS N HOUSTON HA GO FENNER 1ST KE US AN A 7T M DI FBC-MSW H CHADWICK CHADWICK TE R FBC-UR RE WA WESTWIND FBC-MS EB S O E DE LA W NR WEBER O L MERRILL M R IL ER PECK M WESTWIND NA MEAD RA FBC-UR 5T IO 4T 8T H N MULDER H SO H 9T OW BEAR LAKE H M STRONG WESTE 11 FBC-NE RN TH KERN AR FBC-UR TH ON UR PIERCE AS A LL HENRY FRANKLIN MICHIGAN M E NG AB BEAR LAKE DENVER IS NE RI DIVISION 6T RO E ST TH H DEER RUN CA FBC-UR MORRALL RE G HUDSON S U HO PU LA BEIDLER MC PARK ES M BARCLAY FBC-UR CA K WASHINGTON LA IRWIN WASHINGTON HUGHEY GREEN CRK NANCY HARMONY HUETHER JUDY E ER SCENIC M KE AK LI LA ND O ME ER MO PENNSYLVANIA RIA M L M BEECHTREE AR BIRCH WISCONSIN G Packet Page 318 MAPLE YL AR E M LANCASTE K AN LA IL BE CALIFORNIA R PL LE 4 D R YM R FR RA O LY TER AN UT NC KL H O IN TT MI D C CONCEPT DESIGN | CONCEPTUAL SITE PLAN The proposed site features a new 3 story (35 unit) live+Work building attached to the existing renovated 2-story (16) unit building with commercial and community spaces. Adjacent parking and food truck amenity to lot to the north. GATEWAY SIGNAGE E AV GON E 3R K US D ST M RE ET GATEWAY ELEMENT FOOD TRUCK GATHERING SPACE EX TO 2- IS RY S TI B NG U 16 ILD ACCESSIBLE UN ING PARKING (6) IT E AV N DUMPSTER S TO ENCLOSURE U IT UN NG HO 4T 35 I H D ED U IL ST OS Y B RE P O OR PR -ST ET 3 UNIT ENTRY - TYPICAL ON BOTH SIDES Packet Page 319 5 NORTH CONCEPT DESIGN | EXISTING BUILDING ADAPTIVE RE-USE OF EXISTING CATHOLIC CHARITIES BUILDING Community Space and Amenities Residential Units Above COMMERCIAL SPACE GROUND FLOOR SECOND FLOOR CONCEPTUAL FLOOR PLANS Hooker DeJong | Design Concept | 03/03/23 Packet Page 320 CONCEPT DESIGN | LIVE/WORK UNITS CONCEPTUAL FLOOR PLANS OF LIVE/WORK One- and 2-BR Units Direct Entry Live/Work Units FIRST FLOOR Second Floor Living Space of Live/Work Units SECOND FLOOR Three Bedroom Three bathroom 1,314 square feet 12 Townhome Style Units Three Bedroom Three bathroom PLAN 3.1 1,314 square feet 12 Townhome Style Units One- and 2-BR Units THIRD FLOOR HIDE HOUSE LOFTS H I D E HOUSE 0’ 1’ 3’ 5’ 10’ 20’ Hooker DeJong | Design Concept | 03/03/23 Packet Page 321 CONCEPT DESIGN | HISTORIC RENOVATION NILES POST OFFICE APARTMENTS -- Niles, MI ALBERT KAHN APARTMENTS -- Jackson, MI BRASS WORKS APARTMENTS -- Delavan, WI Hooker DeJong | Design Concept | 03/03/23 Packet Page 322 CONCEPT DESIGN | DESIGN INSPIRATION The proposed development strives to blend traditional industrial architecture to modernity through design. This project can create variety and texture, and community interaction to an already historic site in Muskegon, MI. VARIETY + TEXTURE! CORNERS CAN BE GATEWAYS TO NEW PLACES. ENCOURAGE USES THAT GO BEYOND JUST DAYTIME EXISTING INDUSTRIAL STYLE ARCHITECTURE MEETING MODERN SLEEK PEDESTRIAN PRIORITY PLACES HISTORIC CONTEXTS EXISTING CONTEXTS Packet Page 323 6 CONCEPT DESIGN | LIVE+WORK BUILDING CONCEPTUAL STREETSCAPE VIEW CONCEPTUAL STREETSCAPE VIEW Packet Page 324 7 CONCEPT DESIGN | SUPPLEMENTAL IMAGES Packet Page 325 9 CONCEPT DESIGN | SUPPLEMENTAL IMAGES Packet Page 326 10 SECTION 3 Conceptual Financial Structure / Financial Stability Packet Page 327 CONCEPTUAL FINANCIAL STRUCTURE & FINANCIAL STABILITY General Capital is proposing a significant investment in this project of approximately $15.3 million in the Nelson Neighborhood, including paying the City of Muskegon $100,000 for the property included in our proposed project. Our proposal contemplates a combination of financing sources including a first mortgage of approximately $2.3 million and Housing Tax Credit equity of approximately $12.9 million. We anticipate applying for MSHDA tax credits in the October 2023 round, allowing us to work with the City and neighborhood stakeholders to fully vet our proposal and produce the necessary documentation for our submittal. This section contains an overview of the conceptual financial structure and documentation of General Capital’s financial capacity to undertake the contemplated project. PROJECT SOURCES AND USES Uses: Land Purchase 100,000 Construction 12,026,898 Interim Costs During Construction 755,527 Soft Costs 2,272,500 Reserves 223,037 Total Uses 15,377,962 Sources: First Mortgage 2,431,719 Managing Member Equity 100 Deferred Fee 47,433 Tax Credit Equity 12,898,710 15,377,962 Total Sources FINANCING AND COMPENSATION TO CITY FOR LAND Equity: General Capital will apply in MSHDA’s October 2023 9% round for housing tax credits. Debt: General Capital will secure first mortgage bank debt after an award of credits. Land Purchase: General Capital is offering to purchase the building and vacant parcel for $100,000. General Capital is not offering to purchase the land at the corner of Third and Muskegon. PILOT: The project is requesting a 30-year 4% PILOT from the City of Muskegon. 1095 Third Street RFP – Muskegon, MI GENERAL CAPITAL GROUP Packet Page 328 Unit AMI Mix: The project will be a mixed income project and be able to serve households up to the incomes listed below within each Area Median Income bucket. The project is set up using these AMI buckets to maximize scoring for the MSHDA tax credit application. Max 2 HH Max 3 HH Max 4 HH Max 5 HH 30% 5 $ 17,160 $ 19,320 $ 21,450 $ 23,190 40% 13 $ 22,880 $ 25,760 $ 28,600 $ 30,920 60% 14 $ 34,320 $ 38,640 $ 42,900 $ 46,380 80% 19 $ 45,760 $ 51,520 $ 57,200 $ 61,840 51 Estimated Rents: Estimated rents as of March 2023, depending on a resident’s income will range from $305-875 for 1-bedroom units, $525-$1,000 for 2-bedroom units and $975-$1,200 for 3-bedroom units. PROJECT TIMELINE General Capital anticipates applying for Housing Tax Credits in the Fall of 2023, allowing ample time for municipal entitlements and stakeholder buy-in. We anticipate closing this transaction by mid-summer 2024 with occupancy approximately one year later. The schedule below shows the major milestones of our project: RFP Submittal 3/2/2023 RFP Awarded 3/15/2023 Purchase Agreement Signed 4/15/2023 PILOT Approval Summer 2023 Site Plan Approval Summer 2023 Secure Project Based Vouchers Summer 2023 Neighborhood Engagement Summer 2023 MSHDA Application Submitted 10/1/2023 MSHDA Award Announcements 12/1/2023 CLOSING 6/15/2024 Construction Commencement 6/30/2024 Construction Completion 7/30/2025 Resident Move In 8/1/2025 FINANCIAL CAPACITY Three principals of General Capital, Michael Weiss, David Weiss and Joshua Hafron will guarantee the construction contract, provide guarantees to the tax credit investor and fund predevelopment costs until the Closing of the transaction. If General Capital is chosen to develop the parcel, the principals will provide financial statements prior to selection/award, if requested. 1095 Third Street RFP – Muskegon, MI GENERAL CAPITAL GROUP Packet Page 329 Appendix Packet Page 330 Firm Overviews and Resumes Packet Page 331 LEAD DEVELOPER General Capital Packet Page 332 Affordable Housing Development B E E R L I N E B A PA R T M E N T S Packet Page 333 Affordable Housing The partners of General Capital have been involved in the development, management and ownership of affordable multifamily housing projects since the 1980’s. Our commitment to affordable housing involves development, acquisition and rehabilitation housing. General Capital’s new construction of affordable rental housing has involved the use of 9% and 4% tax credits as well as other Federal and local housing programs. General Capital has successfully developed a well-known senior housing brand, the “Berkshire”. Berkshire independent senior apartments are designed to specifically meet the housing and supportive services needs to allow today’s independent living elderly to comfortably age in place. Berkshire residents are a part of an active, well- rounded community that provides a sense of self, well-being and inclusion. The Berkshire’s commitment to quality was recognized with a Charles Edson Tax Credit Excellence Award for the Berkshire Grafton in 2003. General Capital is also focused on the acquisition and preservation of apartment projects currently regulated by HUD, the IRS or State Housing Agencies and non-regulated multi-family properties that are candidates for repositioning as affordable properties. The firm has extensive experience utilizing both public and private resources to preserve the affordability of housing. Transactions have involved the investment of new tax credit equity and more conventional debt and equity strategies. H I D E H O U S E L O F T S - M I LWA U K E E , W I Packet Page 334 General Capital Acquires, Rehabilitates and Develops Affordable Housing These practices are the basis of General Capital’s success: • Working with non-profit organizations • Emphasizing community collaboration with local organizations and community business leaders • Structuring innovative transactions with a deep understanding of property subsidy, rehabilitation and financing vehicles • Maximizing environmental conservation through sustainable development including the redevelopment and renewal of environmentally contaminated properties • Engaging high quality property management firms and intensive asset management • Utilizing best practice construction methods and high quality materials that ensure quality and durability of product • Working closely with state agencies to achieve mutual objectives R U X T O N - P L AT T E V I L L E , W I Packet Page 335 General Capital Team David Weiss CHIEF EXECUTIVE OFFICER David is Chief Executive Officer of General Capital. He began his career in New York with Citibank’s Leveraged Capital Group in the 1980s. David later became a Vice President in Citibank’s Institutional Recovery Management group, where he was involved in corporate workouts, restructuring and lender litigation. In 1993, David moved to Citicorp’s Real Estate Group in Chicago, where he was Vice President and team leader in the Shopping Centers Group, managing a debt portfolio in excess of $400 million. He joined General Capital Group in 1997 as a founding Partner. David is a member of the Firm’s Investment Committee and is responsible for General Capital’s financial and banking relationships and risk management. Additionally, he is head of strategic planning on a local non-profit board and has been a guest lecturer in several Marquette Real Estate courses, a mentor to business school students and active participant in various student career advancement programs. Josh Hafron PARTNER Josh Hafron joined General Capital’s Chicago office in 2007 with a focus on the acquisition and redevelopment of affordable/low income housing projects across the country. Josh has over 15 years of commercial real estate experience. Prior to joining General Capital, he served as assistant vice president with Urban Innovations in Chicago, where he was involved in the acquisition of affordable housing projects nationally. Josh previously held positions with First Industrial Realty Trust and First Chicago Capital Markets. Josh graduated from Tufts University and has a joint MA/MBA degree from George Washington University. He and his wife Kim live with their two children in Glencoe, IL. Sig Strautmanis PARTNER Sig is responsible for coordinating General Capital’s design, municipal entitlements and construction. In addition, Sig leads General Capital’s environmental initiatives, including managing the firm’s energy efficiency program and certifying new residential projects. In 2004, Sig was named to the Business Journal’s “40 Under 40” list for his contributions to the profession and local community. Sig joined General Capital after working for LDR International, a nationally recognized land use and urban design firm in Columbia, Maryland and for the Village of Germantown, a high growth Milwaukee suburb. In addition to his work at General Capital, Sig is currently an Adjunct Assistant Professor of Urban Planning at the University of Wisconsin – Milwaukee. He has Masters degrees in Architecture and Urban Planning. Packet Page 336 Chelle Nennig CHIEF OPERATING OFFICER Chelle has over 25 years of experience in Real Estate Development and Property Management. After graduating from Carroll University with a Bachelor’s of Science Degree in Accounting she worked at an international public accounting firm spending 5 years in the Audit practice. Chelle then joined a rapidly growing development and property management company where she rose to President. In 2000 Chelle further advanced her real estate career by joining General Capital Management. Presently, Chelle is responsible for the Investor Relations, Accounting, Financial Reporting, Tax Compliance and Property Management Departments. Chelle also oversees the management of the student housing operations. Renee Adrian ACCOUNTANT Renee is a 1991 graduate of the University of Wisconsin, Oshkosh. After working for the State of Wisconsin with the Department of Corrections, Renee worked briefly for The Midland Group as an assistant to the Property Manager. In 1996 she left Midland to work for the newly formed General Capital Management Inc. During the past 20 years with General Capital, Renee has worked as the Property Manager, Office Manager and Accounting Administrator. In her current role as Leasing Specialist Renee coordinates tenant leasing and construction and also maintains an active role in the accounting department. Renee has been a licensed Real Estate Broker with the State of Wisconsin since 1998 and is a member of the International Council of Shopping Centers. Carmello Maddente VICE PRESIDENT, MARKETING AND IT Carmello joined General Capital in 2010 filling a new position at the firm, Director of Marketing. Prior to General Capital Carmello worked in the marketing department at Wisconsin’s largest residential real estate firm. At General Capital Carmello is responsible for all marketing and information technology initiatives. Jackson Lindsay CONSTRUCTION COORDINATOR Jackson assists with project logistics, feasibility, design, and construction. Prior to joining General Capital in 2014, Jackson worked as a design/build custom woodworker. He holds a Masters degree in Architecture from the University of Wisconsin – Milwaukee. Packet Page 337 Jenifer Bersch PARALEGAL Jenifer joined General Capital as a Paralegal in March 2019. Prior to joining General Capital, she was the Senior Paralegal at Stark Investments, an international multi-billion dollar investment company, with primary responsibilities in the corporate, securities, transactional and compliance areas. Jenifer developed extensive experience in the corporate, securities and transactional areas as Senior Paralegal at Michael, Best & Friedrich, LLP. Jenifer attended the University of Wisconsin – La Crosse and graduated from the Minnesota School of Business. Sarah Hillenbrand DEVELOPMENT With a background in commercial banking and financial analysis, Sarah is well suited to take on a variety of responsibilities. These include underwriting, financial projections, managing debt financing, and investor relations. With an eye for both financial and aesthetic details, she’s equally adept weighing in on the financial side of the real estate management as she is on the design. Sarah has a BA degree in Marketing and the renowned Real Estate program at the University of Wisconsin-Madison. Packet Page 338 CURRENT RESIDENTIAL PORTFOLIO INCOME PROJECT UNITS RESTRICTED UNITS TYPE CITY STATE ACQUIRED/PIS Union Apartments 53 53 Workforce Wheeling IL Under Construction Chapel Garden ** 63 63 Senior Milwaukee WI Under Construction Berkshire at The Grove 102 102 Senior Stevens Point WI Under Construction Berkshire Ashwaubenon ** 75 63 Senior/Workforce Ashwaubenon WI Under Construction Johnsburg Workforce Housing 49 49 Workforce Johnsburg IL Pending Closing Village Square Apartments at the Preserve 50 50 Workforce Elkhart Lake WI Pending Closing Tyden Lofts ** 60 60 Workforce Hastings MI Pending Closing Berkshire Sheboygan Riverfront ** 101 101 Senior/Workforce Sheboygan WI Pending Closing Riverwest Food Accelerator 91 77 Workforce Milwaukee WI Pending Closing MLK Library Apartments 93 93 Workforce Milwaukee WI Pending Closing Village at Jackson Hill 40 40 Senior Muskegon MI 2021 Orchard Ridge 43 43 Workforce Ashwaubenon WI 2021 Post Office Apartments ** 63 63 Workforce Niles MI 2021 Berkshire Sheboygan Falls 65 54 Senior Sheboygan Falls WI 2021 Berkshire Johnsburg 68 67 Senior Johnsburg IL 2021 Albert Kahn Apartments ** 73 73 Workforce Jackson MI 2021 Ten21 Apartments ** 73 73 Workforce Muskegon MI 2021 Berkshire Stevens Point ** 88 88 Senior Stevens Point WI 2021 Brass Works Apartments ** 73 64 Workforce Delavan WI 2020 Ruxton Apartments ** 71 60 Workforce Platteville WI 2019 Four Flags Apartments 81 81 Senior Niles MI 2019 Riverwalk Apartments * 136 0 Workforce Waukesha WI 2019 Berkshire Niles ** 53 53 Senior Niles MI 2018 Harbor City Flats 81 81 Family Benton Harbor MI 2018 Berkshire Muskegon ** 84 68 Senior Muskegon MI 2018 Greenbelt Apartments 160 0 Workforce Greendale WI 2018 Hunters Run Apartments 72 72 Workforce Newton IA 2018 Valley View Apartments 96 96 Workforce Cedar Rapids IA 2018 Berkshire Paw Paw ** 42 42 Senior Paw Paw MI 2017 Johnston Heights Apartments 84 0 Workforce Johnston IA 2017 Regency Heights Apartments 75 75 Senior Iowa City IA 2017 Lakeside Gardens 80 80 Family Fond Du Lac WI 2016 Sage on Prospect * 34 0 Workforce Milwaukee WI 2016 Shorewood Apartments * 95 0 Workforce Shorewood WI 2016 Tech Village Student Living * 59/263 beds 0 Student Housing Grand Chute WI 2016 Whispering Hills Apartments 72 72 Family Port Byron IL 2015 * Indicates Market Rate Project ** Indicates Bedrock Construciton Project Packet Page 339 CURRENT RESIDENTIAL PORTFOLIO INCOME PROJECT UNITS RESTRICTED UNITS TYPE CITY STATE ACQUIRED/PIS Wildberry Village Apartments ** 74 74 Family Rockford IL 2015 MIAD Student Apartments * 85/385 beds 0 Student Housing Milwaukee WI 2015 Rosewood Apartments 86 86 Senior Berwick PA 2014 Berkshire Greendale ** 90 76 Senior Greendale WI 2012 Beerline B Apartments ** 140 119 Workforce Milwaukee WI 2012 Berkshire at Kensington ** 177 158 Senior Waukesha WI 2011 Hide House Lofts ** 60 60 Workforce Milwaukee WI 2010 Berkshire Oconomowoc ** 85 84 Senior Oconomowoc WI 2005 Berkshire at Sunset ** 78 78 Senior Waukesha WI 2003 Berkshire West Allis ** 80 80 Senior West Allis WI 2003 Silvernail 90 90 Senior Waukesha WI 2001 Total 3,599 2,961 FEE DEVELOPER TAX CREDIT DEALS INCOME PROJECT UNITS RESTRICTED UNITS TYPE CITY STATE ACQUIRED/PIS Greenwich Apartments ** 53 36 Supportive Milwaukee WI 2016 Bradley Crossing Phase II ** 54 54 Supportive Brown Deer WI 2015 Deerwood Crossing Phase II ** 30 25 Senior RCAC Brown Deer WI 2014 Bradley Crossing ** 60 60 Supportive Brown Deer WI 2012 Maria Linden ** 72 61 Senior RCAC Milwaukee WI 2012 Elvin Sted ** 33 32 Supportive Stoughton WI 2011 Deerwood Crossing ** 66 64 Senior RCAC Brown Deer WI 2010 MacCauley Apartments ** 46 35 Supportive Milwaukee WI 2009 Total 414 367 * Indicates Market Rate Project ** Indicates Bedrock Construciton Project Packet Page 340 URBAN LIVING B AY V I E W INTERIORS, COMMUNITY AND ART Packet Page 341 URBAN LIVING B AY V I E W Packet Page 342 URBAN LIVING B AY V I E W Packet Page 343 INTERIORS, COMMUNITY AND ART Packet Page 344 TEN21 APARTMENTS 1021 J E F F E R S O N ST, M U S K E G O N , M I 49440 COMPLETION DATE SUMMER 2021 COST $16,544,000 The TEN21 Apartments is a 73 unit workforce housing complex located immediately outside of downtown Muskegon on a previously owned municipal lot that housed Muskegon’s City Hall. The project is a new construction 3-story building with underground parking. This is General Capital’s second project in Muskegon. The project was financed with tax credits from MSHDA and a conventional first mortgage and received a PILOT from the City of Muskegon. 6938 NORTH SANTA MONICA BLVD MILWAUKEE, WI 53217 (O) 414-228-3500 (F) 414-228-3700 Packet Page 345 WWW.GENERALCAPITALGROUP.COM RESIDENTIAL AFFORDABLE HOUSING “The Berkshire Muskegon was the first new development to be built under the city’s recently adopted “Form Base Code,” a progressive zoning tool intended to encourage more thoughtful urban design throughout Downtown Muskegon.” COMPLETION DATE 2018 COST $16,300,000 COMMERCIAL TENANT AGEWELL SERVICES BERKSHIRE MUSKEGON 275 W. CLAY AVENUE, MUSKEGON, MI The Berkshire–Muskegon is an 84-unit mixed-use senior housing community located at 1st and Clay in Downtown Muskegon. The 3-story brick building includes ground floor commercial space facing Clay, community space and resident amenities facing Webster and residential units in a courtyard configuration. AgeWell Services of West Michigan will occupy the 5,600 SF commercial space with offices.. The site produces a WalkScore® of 82, indicating a highly pedestrian environment that is convenient to shopping and services. The Muskegon Farmers Market, one of Michigan’s largest and longest operating open air markets, is only two blocks away. The Berkshire – Muskegon was the first new development to be built under the city’s recently adopted “Form Base Code,” a progressive zoning tool intended to encourage more thoughtful urban design throughout Downtown Muskegon. The property falls into two “character areas,” each containing specific development parameters including “build to” setback lines, certain height and bulk restrictions and requirement for ground floor commercial space. One unique aspect of the process was that it was approved by City Staff, not requiring any commission or council approvals. The result is an urban, pedestrian-friendly building that fits comfortably into its downtown location. 6938 NORTH SANTA MONICA BLVD MILWAUKEE, WI 53217 The $16.3 million project was funded with tax credit equity from US Bancorp Community Development (O) 414-228-3500 (F) 414-228-3700 Packet Page 346 Corporation and a permanent loan from Chemical Bank. WWW.GENERALCAPITALGROUP.COM RESIDENTIAL AFFORDABLE HOUSING COMPLETION DATE 2021 COST $15,947,000 COMMERICAL TENANT ELARA AND NEAR TITLE NILES POST OFFICE APARTMENTS 322 E. MAIN ST, NILES MI 49120 The Niles Post Office Apartments is 63-unit workforce housing project in downtown Niles, MI. The project involved the rehabilitation of the City’s historic post office and the new construction of two buildings which encompass apartment units and commercial space. The project opened in the beginning of 2021 and was significantly leased by early Spring. The commercial space in the project is fully leased to Near North Title and Elara, a national provider of home-based health care. This is General Capital’s third affordable housing project in Niles. General Capital developed and currently owns the Berkshire Niles and the Four Flags Plaza Apartments in Niles, MI. The project was financed with tax credits from MSHDA and a conventional first mortgage and received a PILOT from the City of Niles. 6938 NORTH SANTA MONICA BLVD MILWAUKEE, WI 53217 (O) 414-228-3500 (F) 414-228-3700 Packet Page 347 WWW.GENERALCAPITALGROUP.COM ALBERT KAHN APARTMENTS 214 S . JAC KS O N ST, JAC KS O N , M I 49201 COMPLETION DATE 2021 COST $15,980,000 COMMERCIAL TENANT COTERIE JACKSON PILATES STUDIO The Albert Kahn Apartments is a 73-unit workforce housing project in downtown Jackson Michigan. The project involved the rehabilitation of the City’s historic Citizen Patriot Newspaper plant & office and a new construction addition which includes apartment units and commercial space. After a short few months the residential component of the project was significantly leased. The project also opened with one of the commercial spaces leased to a Pilates Studio, Coterie Jackson. The project was financed with tax credits from MSHDA and a conventional first mortgage and received a PILOT from the City of Jackson. 6938 NORTH SANTA MONICA BLVD MILWAUKEE, WI 53217 (O) 414-228-3500 (F) 414-228-3700 Packet Page 348 WWW.GENERALCAPITALGROUP.COM RESIDENTIAL AFFORDABLE HOUSING “General Capital worked closely with the Village of Paw Paw to design and fund this project. The Village contributed $200,000 to improve the commercial space and over $40,000 in fee waivers and streetscape improvements.” COMPLETION DATE 2017 COST $9,700,000 BERKSHIRE PAW PAW 3 0 8 E M I C H I G A N AV E , P AW P AW M I The Berkshire–Paw Paw is a 42-unit affordable independent senior housing community located in the heart of Downtown Paw Paw, Michigan. Residents enjoy walking to downtown restaurants, shops and services. Autumn House Adult Day Care Services is located in the street-facing commercial space, offering area residents a safe and inviting daytime environment for adults with special needs such as Alzheimer’s, dementia or other physical impairments. The Berkshire – Paw Paw is LEED® Certified, a nationally recognized environmental program that demonstrates a commitment to energy efficiency and care for the earth. Residents will benefit with lower utility bills, increased indoor air quality and overall improvement of environmental health. The facility is one of the only LEED® Certified apartment communities in Southwest Michigan. General Capital worked closely with the Village of Paw Paw to design and fund this project. The Village contributed $200,000 to improve the commercial space and over $40,000 in fee waivers and streetscape 6938 NORTH SANTA MONICA BLVD improvements. The project was the first new project to be approved under the Village’s Downtown Overlay MILWAUKEE, WI 53217 District, a form-based code emphasizing mixed-use, pedestrian-oriented development. The $9.7 million (O) 414-228-3500 (F) 414-228-3700 Packet Page 349 project was funded with tax credit equity from US Bancorp Community Development Corporation and a WWW.GENERALCAPITALGROUP.COM permanent loan from Chemical Bank. RESIDENTIAL AFFORDABLE HOUSING The project gained full support of the local municipality, including the Downtown Development Authority, which approved the project through its Design Review Board. The City Council endorsed the project with a support resolution and PILOT. BERKSHIRE NILES 1 0 N 3 R D S T R E E T, N I L E S M I Niles, Michigan is known as “The City of Four Flags,” the oldest European settlement in lower Michigan with over 300 years of interesting architecture, culture and history. The Berkshire-- Niles is located at the corner of Third and Broadway in the Heart of Downtown Niles. This 53-unit independent senior housing community is the latest addition to General Capital’s “Berkshire” brand. The 3-story building features gabled roof forms with dormers over porches, high quality brick and siding materials and underground parking, a feature rarely seen in this market. General Capital worked with local stakeholders to design an appropriate building for this important gateway location. The property is an assemblage of several small, underutilized parcels in a highly visible location with views of the St. Joseph River. The project gained full support of the local municipality, including the Downtown Development Authority, which approved the project through its Design Review 6938 N Santa Monica Blvd Board. The City Council endorsed the project with a support resolution and PILOT. The project will Fox Point, WI 53217 be the first significant new residential development in Downtown Niles in decades. The project will tel 414-228-3500 fax 414-228-3700 have a catalytic impact on the immediate neighborhood and will bolster community confidence in the www.generalcapitalgroup.com development potential of Downtown Niles. Packet Page 350 The $12.1 million project was funded with tax credit equity and permanent debt through Insite Capital/ Chemical Bank and a $500,000 grant from the Federal Home Loan Bank of Indianapolis. BEERLINE B APARTMENTS 1710 N COM M E R C E ST R E E T, M I LWA U K E E , W I 53202 “Affordable Housing Tax Credit Apartment Deal located in the Heart of Downtown Milwaukee.” COMPLETION DATE 2012 COST $26,636,000 COMMERCIAL TENANT DENTAL ASSOCIATES The Beerline apartments project is located on Commerce Street along on the River in in Downtown Milwaukee. The project has a total of 140, 1-, 2-, and 3-bedroom units. 90 of the units are in BLDG 1 on the south edge and 50 in BLDG 2 on the North, the building adds to the expansive new construction product in the downtown market. The main buidlings are split by BLDG 3, a resident / commnity lounge that features a theatre like Audio/Video experience, blazing fast Wi-Fi, a full kitchen and a wood burning pizza oven for neighborhood events and private / public community get togethers. To finance the project, General Capital received one of the largest private allocations of LIHTC in Wisconsin’s history. In addition, General Capital worked closely with the City of Milwaukee to negotiate a $1.1 million TIF to reconstruct the Milwaukee River dock wall and Riverwalk. The project also obtained a $400,000 brownfield grant to assist 6938 NORTH SANTA MONICA BLVD MILWAUKEE, WI 53217 with environmental clean-up. (O) 414-228-3500 (F) 414-228-3700 Packet Page 351 WWW.GENERALCAPITALGROUP.COM RESIDENTIAL AFFORDABLE HOUSING “Workforce housing for Milwaukee’s creative dlass Designed with an industrial aesthetic” COMPLETION DATE 2010 COST $11,555,000 URBAN LIVING B AY V I E W HIDE HOUSE LOFTS 2 6 1 5 S G R E E L E Y S T, M I L WA U K E E , W I Hide House Lofts is a 60-unit affordable workforce housing community located in Milwaukee’s trendy Bay View neighborhood. The property was developed as a housing complement to the larger Hide House creative arts complex, which includes over 60 artists and creative businesses. Hide House Lofts was developed on a property that was once part of a larger commercial tannery complex. The property was contaminated with solvents from the tannery operation and required source removal and soil encapusulation as part of a DNR Remedial Action Plan approved for the property. In the process of developing the new project, several buildings were demolished. The project achieved over 93% landfill diversion, including re-purposing wood beams into flooring for the new building. General Capital closed on the Hide House Lofts transaction at the height of the Great 6938 NORTH SANTA MONICA BLVD Recession. This required a complex financial execution leveraging numerous sources of MILWAUKEE, WI 53217 funds including $1.7 million of federal TCAP (Tax Credit Assistance Program) funds. (O) 414-228-3500 (F) 414-228-3700 Packet Page 352 WWW.GENERALCAPITALGROUP.COM RESIDENTIAL AFFORDABLE HOUSING “General Capital worked with the National Park Service to obtain approval for the adaptive re-use of the building into 73 workforce apartments.” COMPLETION DATE 2020 COST $16,300,000 COMMERCIAL TENANTS BRASS WORKS STAFFING BRASS WORKS APARTMENTS 820 E. WISCONSIN ST, DELAVAN, WI General Capital recognized the demand for high quality affordable housing in the City of Delavan, a picturesque tourism-intensive community west of Lake Geneva. In seeking an appropriate site, a large industrial building became available and General Capital seized the opportunity to renovate an historic building in the heart of the community. The former George W. Borg Corporation facility was built between 1943 and 1956, at the height of WWII. In 1942, Borg Corporation was awarded a large government contract to manufacture ammunition components, including the famous “proximity fuse” used in the war. General Capital worked with the National Park Service to obtain approval for the adaptive re-use of the building into 73 workforce apartments. The building required full restoration of the exterior brick, new historically accurate windows and other historic features. The interior is fully gutted and retrofit to create authentic loft-style residential units and community spaces. The building includes direct entry 3-bedroom units on 6938 NORTH SANTA MONICA BLVD the south side of the building. The $16.3 million project is supported by a $1.2 million TIF from MILWAUKEE, WI 53217 the City of Delavan and an allocation of affordable housing tax credits. In addition, the property (O) 414-228-3500 (F) 414-228-3700 is takingPacket Page advantage 353 and state historic preservation tax credits. of federal WWW.GENERALCAPITALGROUP.COM RESIDENTIAL AFFORDABLE HOUSING “Cutting edge affordable housing for millenials with a historic renovation of the existing and atached Ford dealership” RUXTON APARTMENTS 85 S. OAK ST, PLATTEVILLE, WI Mixed use residential development on the former Pioneer Ford site in Downtown Platteville. Ruxton includes 71 units and approximately 2,500 square feet of commercial space. The building is four stories tall with a connection into the Pioneer Ford building at the second floor. The Pioneer Ford building was renovated into a new entrance and community space on the upper floor and retail space / utility rooms on the lower level. Additional retail space is located on the high profile corner of the building on Water Street. The residential portion of the project consists of two rectangular volumes connected by a glass atrium. The design is a stunning gateway element at the entrance to Downtown Platteville. 6938 NORTH SANTA MONICA BLVD MILWAUKEE, WI 53217 (O) 414-228-3500 (F) 414-228-3700 Packet Page 354 WWW.GENERALCAPITALGROUP.COM RESIDENTIAL AFFORDABLE HOUSING “Affordable supportive and market rate housing on Milwaukee’s East Side developed for Mercy Housing.” COMPLETION DATE 2016 COST $13,800,000 GREENWICH PARK APARTMENTS 2 3 5 3 N F A R W E L L AV E , M I L WA U K E E , W I 5 3 2 1 1 After exploring several alternatives, Mercy Housing Inc., a Denver-based non- profit housing developer, requested help from General Capital to finalize plans, help secure financing and serve as General Contractor for their 53-unit affordable housing development on Milwaukee’s East Side. After receiving an allocation of affordable housing tax credits, Mercy struggled to find a local contractor to build the originally envisioned project on budget. With the help of General Capital and its strategic partner The Hoff Group, the project was fully redesigned with a more cost effective structural system while maintaining the exterior quality required by the the City of Milwaukee. Greenwich Apartments is a mix of affordable supportive housing and market rate apartments owned and operated by Mercy Housing Lakeside. 6938 NORTH SANTA MONICA BLVD MILWAUKEE, WI 53217 (O) 414-228-3500 (F) 414-228-3700 Packet Page 355 WWW.GENERALCAPITALGROUP.COM ARCHITECT Hooker DeJong Packet Page 356 Improving Lives Through Design. It's the why behind what we do every day. General Capital Group 1095 Third Street Muskegon, MI March 6, 2023 Packet Page 357 Affordable Housing About HDJ Improving lives through design. Hooker DeJong, Inc. (HDJ) is a leading national A/E firm supporting many clients and projects. Founded along the shores of Lake Michigan in 1936, HDJ is a full-service architectural, engineering, and planning firm. HDJ’s diverse portfolio includes successful outcomes with acquisition rehab, adaptive reuse renovation, new construction, historic preservation, RAD, supportive housing, mixed-use, low- mid- and high-rise apartments, stacked flats, townhomes, and scattered sites. It’s all about our clients. We believe in working with our clients as trusted advisors to provide efficiently planned and designed projects that maximize value within a budget. Getting from your state’s QAP to your No project is ever easy. We know how complex the project’s 8609 takes work. process is, with over 8,000 units designed and built over the last five years. We help ease some of the stress. HDJ has in-house MEP. We know how bumpy the road can be to get to a closing. Our in-house MEP allows us to rely on fewer consultants and prioritize your development needs. HDJ knows affordable housing. Your commitments are our commitments. Whether you are receiving financing through LIHTC, HUD 221d(4), USDA RA, HOME, CDBG, TIF, AHP, or any other product, we know it. We know it: RAD, acq rehab, Section 18 demo/dispo, adaptive reuse, or new construction! We communicate consistently with our HDJ provides pre-project planning, site selection clients throughout all project phases to assistance, programming, schematic design, design achieve objectives and meet budgets. development, construction documents, bid negotiation, and construction administration services. With our extensive, affordable housing experience, our team brings significant value to the project. Efficiently planned and designed projects result in savings to the bottom line. Where budget is essential, you will find that HDJ is a best value provider. This blend of experience will enable us to hit the ground running, streamlining the process and assisting you in anticipating needs and challenges before they arise, and keeping your project within budget. Packet Page 358Improving lives through design. Affordable Housing Our Mission To be sought out nationally as expert business consultants who design to our client's bottom line. HDJ works closely with our clients as trusted advisors to provide efficiently planned and designed projects that maximize value within a budget. Throughout all project phases, we communicate consistently with our clients to ensure project objectives are achieved and budgets are met. Our professionals include licensed architects, graduate architects, mechanical engineers, electrical engineers, interior designers, and BIM/Revit specialists. Several of our professionals are LEED- certified, representing a cross-section of disciplines. HDJ interior designers conceive interiors that create our client's vision while still meeting demands set forth by regulatory, code, and maintenance requirements. HDJ supports our clients in analyzing, planning, designing, documentation, and managing interior projects. Our interior design support includes collaborating with clients to determine factors that impact planning interior environments, such as budget, architectural preferences, purpose, and function. HDJ also advises clients on interior design factors, such as space planning, layout and utilization of furnishings and equipment, and color coordination. HDJ's engineers are experienced and respected experts in the affordable housing industry. Our engineering design team comprises licensed engineers whose focus is the working knowledge and understanding of current requirements and technologies for integration with existing projects. HDJ's experience with technology, planning, cost estimating, and problem-solving enables us to provide innovative and cost-effective solutions for clients. HDJ places a high degree of emphasis on the reliability, efficiency, and quality of any proposed systems while ensuring the systems meet codes and requirements. Packet Page 359 Improving lives through design. Affordable Housing Proposed Team Resumes David Layman, AIA, NCARB - President Rob Gustafson, PE, LEED AP - Senior VP Operations Brian Boucher, AIA, NCARB, LEED AP - Senior Project Manager Patrick Kelderhouse, AIA, NCARB - Manager of Architecture, Lead Project Architect Julianne Johnson, NCIDQ - Interior Designer Lane Bentsen, PE - VP Engineering Rob Sherwood - Electrical Engineer Packet Page 360 Improving lives through design. David Layman AIA, NCARB As President, David provides broad oversight on HDJ projects from concept President to completion. His primary responsibility is to help ensure that all HDJ work meets the highest quality standards and that client expectations are fully satisfied. David is comfortable in the role of project “visioning” and creating construction plans that follow. As a “hands-on” architect, David takes an active role and has developed a practice based on principal-level engagement. His over 25 years of experience includes all phases of professional design services, from the crucial first step of stakeholder participation, through building design and construction administration. Education University of Michigan, Masters of Architecture-MArch , College of Architecture & Urban Planning University of Michigan, Bachelor of Science, College of Architecture & Urban Planning License & Registrations AIA Registered Architect Alabama, Arkansas, Illinois, Indiana, Kansas, Kentucky, Michigan, New York, Ohio LEED (Leadership in Energy and Environmental Design) National Council of Architectural Review Boards US Green Building Council’s Leadership in Energy & Environmental Design Sector Expertise Affordable Housing, Market Rate Multifamily, Commercial Retail, Healthcare, Senior Living, Government & Education Berkshire, Muskegon, MI Project Experience TEN21, Muskegon, MI Berkshire, Paw Paw, MI Berkshire, Johnsburg, IL Post Office Apartments, Niles, MI Albert Kahn Apartments, Jackson, MI Hayward Wells, Benton Harbor, MI 4 Flags Plaza, Niles, MI HoM Flats 28 West, Wyoming, MI Brookside Commons, Traverse City, MI Grand View Place, Grand Rapids, MI Osborn Commons, Sault Ste Marie, MI The Village, Grand Rapids, MI Cook Valley Estates, Grand Rapids, MI Gaylord Apartments, Gaylord, MI Packet Page 361 Improving Improving lives Improvinglives lives through through throughdesign. design. design. Rob Gustafson PE, LEED AP Rob’s primary responsibility as Senior Vice President of Operations is to lead Senior Vice President operations for HDJ, including directing organizational structures and Operations processes to ensure workflow efficiency and overall quality of deliverables. He manages the overall day-to-day operations of the design delivery team, including architecture, engineering, and interior design. His attention to detail and responsive communication with the entire team allows him to address issues early and decisively, which helps projects run smoothly, and on schedule. Education Michigan State University Bachelor of Science, Mechanical Engineering C.C.A.F. Maxwell AFB, GA AAS Avionics System Technology Licenses & Registrations Registered Professional Engineer States of Alabama, Arizona, Colorado, Florida, Georgia, Idaho, Illinois, Iowa, Louisiana, Maryland, Michigan, Missouri, New Jersey, New York, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Virginia, West Virginia, Wisconsin LEED (Leadership in Energy and Environmental Design) US Green Building Council’s Leadership in Energy & Environmental Design Accredited Professional Technician of the Year for 1999, 7th BombWing, Dyess AFB, TX and Air Combat Command, USAF Sector Expertise Affordable Housing, Market Rate Multifamily, Commercial Retail, Healthcare, Senior Living, Government & Education Project Experience Berkshire, Muskegon, MI TEN21, Muskegon, MI Berkshire, Paw Paw, MI Berkshire, Johnsburg, IL Post Office Apartments, Niles, MI Albert Kahn Apartments, Jackson, MI Hayward Wells, Benton Harbor, MI 4 Flags Plaza, Niles, MI HoM Flats 28 West, Wyoming, MI Brookside Commons, Traverse City, MI Grand View Place, Grand Rapids, MI Osborn Commons, Sault Ste Marie, MI The Village, Grand Rapids, MI Cook Valley Estates, Grand Rapids, MI Gaylord Apartments, Gaylord, MI Packet Page 362 Improving livesthrough Improving lives throughdesign. design. Brion Boucher AIA, NCARB, LEED AP Brion’s primary responsibility as Senior Project Manager is to oversee Senior Project Manager contracts, schedules, and budgets. Brion works in concert with the Lead Project Architect to help ensure that resources and communications are aligned and maintained to carry out project objectives effectively and expeditiously. His attention to detail and responsive communication with the entire team allows him to address issues early and decisively, which helps projects run smoothly and on schedule. Education University of Michigan, Masters of Architecture, MArch University of Michigan, Bachelor of Science - BS, Architecture Licenses & Registrations AIA Registered Architect Arizona, Iowa, Maryland, Michigan, North Carolina, West Virginia National Council of Architectural Review Boards US Green Building Council’s Leadership in Energy & Environmental Design Leadership in Green Building Lecture Series (keynote speaker) – Building Professional Affiliations and Construction Authority, Singapore Green Building Design and Strategies Seminar (keynote speaker) – PAM/ACEM, Kuala Lumpur, Malaysia XED, Executive Education & Professional Development (presenter)University of Southern California BIM Symposium – University of Southern California (presenter) Eagle Award, Boy Scouts of America City of Muskegon, Construction Code Board of Appeals, Architecture Affordable Housing, Market Rate Multifamily, Commercial Retail, Healthcare, Sector Expertise Senior Living, Government & Education Project Experience Berkshire, Muskegon, MI TEN21, Muskegon, MI Berkshire, Paw Paw, MI Berkshire, Johnsburg, IL Post Office Apartments, Niles, MI Albert Kahn Apartments, Jackson, MI Hayward Wells, Benton Harbor, MI 4 Flags Plaza, Niles, MI 530 S Rose Street, Kalamazoo, MI Garfield School, Sault Ste Marie, MI Gaylord Apartments, Gaylord, MI Provision Senior Living, Bloomfield Hills, MI Meadowlark Retirement Village, Sparta, MI Packet Page 363 Improving livesthrough Improving lives throughdesign. design. Patrick Kelderhouse AIA, NCARB As Lead Project Architect, Patrick leads the architectural team throughout Manager of Architecture the project and collaborates with the project team throughout your project’s Lead Project Architect visioning, design, planning, and construction. He also works in concert with the Project Manager to help ensure that resources and communications are aligned and maintained to carry out project objectives effectively and expeditiously. He has skilled insights that link conceptualization to the programmatic criteria and technical documentation. He is highly proficient in performing quality assurance reviews at critical phases of projects and has proven abilities in all technical areas of architecture. His approach is all about clear and continuous communication with clients. Education University of Detroit Mercy Masters in Architecture Rio Salado College Bachelors Degree, Secondary Education and Teaching Warsaw University of Technology Exchange, Architecture Licenses & Registrations AIA Registered Architect States of Arizona, Michigan National Council of Architectural Review Boards Sector Expertise Affordable Housing, Market Rate Multifamily, Governmental & Education, Commercial Retail, Healthcare, Senior Living, Berkshire, Muskegon, MI Project Experience TEN21, Muskegon, MI Berkshire, Johnsburg, IL Post Office Apartments, Niles, MI Hayward Wells, Benton Harbor, MI Edison Crossing, Mt. Clemens, MI Woodward Way, Meridian Township, MI Union at Silver Station, Kentwood, MI Annika Place, Traverse City, MI The Hamilton, Pontiac, MI Breton Grove, Grand Rapids, MI Provision Senior Living, Bloomfield Hills, MI Provision Living, Grand Rapids, MI Packet Page 364 Improving livesthrough Improving lives throughdesign. design. Julianne Johnson NCIDQ Julianne’s primary responsibilities as an Interior Designer are to conceive Interior Designer interiors that create our clients’ vision while still meeting demands set forth by regulatory, code, and maintenance requirements. She supports clients with the analysis, planning, design, documentation, and management of interior projects. Julianne’s interior design support includes collaborating with clients to determine factors that impact planning interior environments, such as budget, architectural preferences, purpose, and function. She also advises clients on interior design factors, such as space planning, layout and utilization of furnishings and equipment, and color coordination. Education Michigan State University Bachelor of Arts in Interior Design, Grand Rapids Community College National Council for Interior Design Qualifications - NCIDQ, Member Licenses & Registrations American Society of Interior Designers Affordable Housing, Market Rate Multifamily, Governmental & Education, Sector Expertise Commercial Retail, Healthcare, Senior Living, Project Experience Berkshire, Muskegon, MI TEN21, Muskegon, MI Berkshire, Paw Paw, MI Berkshire, Johnsburg, IL Post Office Apartments, Niles, MI Albert Kahn Apartments, Jackson, MI Union at Silver Station, Kentwood, MI Garfield School, Sault Ste Marie, MI St. Antoine Gardens, Detroit, MI Lloyd House, Menominee, MI Grand View Place, Grand Rapids, MI Portland School Apartments, Portland, MI Roosevelt Apartments, Muskegon, MI Cavalier Greene, Corunna, MI Ferguson Apartments, Grand Rapids, MI HoM Flats 28 West, Wyoming, MI Hillcrest Apartments, Manistee, MI Packet Page 365 Improving livesthrough Improving lives throughdesign. design. Lane Bentsen PE Lane's primary responsibility as Vice President of Engineering is to provide Vice President Engineering leadership for HDJ's entire engineering team. As Lead Mechanical Mechanical Engineer Engineer, Lane develops cost estimates or preliminary concepts for recommended builds. His experience with technology, planning, cost estimating, and problem-solving drives him to be as innovative and cost- effective as possible for clients. Lane places a high degree of emphasis on any proposed systems’ reliability, efficiency, and quality. Education Minnesota State University Mankato Bachelor Science, Mechanical Engineering Registered Professional Engineer: Alabama, Arizona, Arkansas, California, Licenses & Registrations Colorado, Connecticut, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Texas, Utah, Washington, Wisconsin, Wyoming Six Sigma Green Belt Project Leader Certification American Society of Heating, Refrigeration and Air-Conditioning Engineers ASHRAE Eastern Michigan Chapter President 2003 - 2004 American Society of Plumbing Engineers (ASPE) Professional Affiliations Eagle Scout, Troop 34 1981 Boy Scout Council (Lifelong Eagle Scout) City of Muskegon Mechanical Construction Code, Board of Appeals, 2017 - 2019 Sector Expertise Affordable Housing, Market Rate Multifamily, Commercial Retail, Healthcare, Senior Living, Government & Education Project Experience Berkshire, Muskegon, MI TEN21, Muskegon, MI Berkshire, Paw Paw, MI Berkshire, Johnsburg, IL Post Office Apartments, Niles, MI Albert Kahn Apartments, Jackson, MI Porter Apartments, Lansing, MI Boardman Lake Apartments, Grand Traverse County, MI Brookside Commons, Traverse City, MI Roosevelt Apartments, Muskegon, MI Portland School Apartments, Portland, MI Lincoln House, Owosso, MI Lloyd House, Menominee, MI Packet Page 366 Improving livesthrough Improving lives throughdesign. design. Robert Sherwood Rob has more than 25 years of experience as an electrical engineer. His Senior Electrical Engineer primary responsibility will be cost estimates or preliminary concepts for recommended builds. He collaborates with clients to identify electrical system requirements, specifi cations, timelines, budgets, and performance expectations. Rob has technical experience in power systems, controls, lighting, coordination of utilities, and a full range of practical applications. He researches suitable solutions, estimates costs, and designs systems according to project requirements. Education Western Michigan University Bachelor of Science, Engineering Sector Expertise Governmental & Education, Affordable Housing, Market Rate Multifamily, Commercial Retail, Healthcare, Senior Living, TEN21, Muskegon, MI Project Experience Post Office Apartments, Niles, MI Albert Kahn Apartments, Jackson, MI 4 Flags Plaza, Niles, MI Felch Street Apartments, Holland MI Ferguson Apartments, Grand Rapids, MI Selinon Park Apartments, East Portage, MI Porter Apartments, Lansing, MI HoM Flats 28 West, Wyoming, MI HoM Flats at Maynard, Grand Rapids, MI Annika Place, Traverse City, MI Decatur Downs, Decatur, MI Breton Grove, Grand Rapids, MI Edison Crossing, Mt. Clemens, MI Osborn Commons, Sault Ste Marie, MI Hillcrest Apartments, Manistee, MI Grand View Place, Grand Rapids, MI The Hamilton, Pontiac, MI Packet Page 367 Improving livesthrough Improving lives throughdesign. design. LIHTC: Improving lives through design. A/E SERVICES TO SUPPORT $1.2 in construction value since Billion 2019 LIHTC PROJECTS IN 34 STATES LIHTC TYPES 4% NEW CONSTRUCTION 4% ACQUISITION REHAB + PRESERVATION REHAB LIHTC TYPES 9% NEW CONSTRUCTION 9% ACQUISITION REHAB+ PRESERVATION REHAB 9% ADAPTIVE REUSE RENOVATION Packet Page 368 Improving lives through design. HDJ Affordable Housing With our extensive, affordable housing experience, our team brings significant value to the project. Where budget is important, you will find that HDJ is a best value provider. This blend of experience will enable us to hit the ground running, streamlining the process and assisting you in anticipating needs and challenges before they arise, and keeping your project within budget. Project Types in Affordable Housing: Adaptable Reuse Renovation RAD (Rental Assistance HDJ knows affordable housing. Your commitments are Historic Preservation Demonstration) our commitments. Whether you are receiving Low- Mid- and High-Rise Rehab financing through LIHTC, HUD 221d(4), USDA RA, Apartments Stacked Flats HOME, CDBG, TIF, AHP, or any other product, we know Mixed-Use Townhomes it. RAD, acq rehab, Section 8 demo/disposal, adaptive New Construction reuse, or new construction, we know it! Efficiently planned and designed projects result in savings to the bottom line. Packet Page 369 Improving lives through design. Affordable Housing TEN21 Apartments Muskegon, MI HDJ is providing architectural and engineering services to this affordable housing acquisition rehab consisting of 264 units total. The project is utilizing 4% tax-exempt bonds through the Texas Department of Housing and Community Affairs (TDHCA) to assist with the financing of this project. Packet Page 370 Improving lives through design. Affordable Housing Berkshire Muskegon, MI HDJ provided professional architecture and engineering services for the new construction project, Berkshire Muskegon. The Berkshire is an active independent senior community with 86 units and is LEED for Homes Certified. Packet Page 371 Improving lives through design. Affordable Housing Berkshire Paw Paw, MI HDJ provided professional architecture and engineering services for the new construction project located in the heart of Downtown Paw Paw. The Berkshire is an active independent senior community with 42-units and is LEED for Homes Certified, a nationally recognized environmental program that demonstrates a committment to energy efficiency and care for the earth. Residents will benefit with increased indoor air quality and overall improvement of environmental health. Packet Page 372 Improving lives through design. Affordable Housing Berkshire Niles, MI HDJ provided professional architecture and engineering services for the new construction of a three-story building with 35 one-bedroom and 18 two-bedroom units within 56,000 sq-ft of residential living and support area. Berkshire Niles is LEED Certified for Homes. Packet Page 373 Improving lives through design. Affordable Housing Berkshire Johnsburg, IL HDJ provided professional architecture and engineering services for the new construction project, Berkshire Johnsburg. The Berkshire is an active independent senior community with 68 units and is LEED for Homes Certified. Packet Page 374 Improving lives through design. Affordable Housing Post Office Apartments Niles, MI HDJ provided architectural and engineering design services for this adaptive reuse project of an existing 3-story school building and a new 3-story addition to create 40 apartment units. Packet Page 375 Improving lives through design. Affordable Housing Albert Kahn Apartments Jackson, MI HDJ provided architectural and engineering design services for this renovation of two existing buildings, connecting them together with a new, three-story apartment building wing with 70- units. Packet Page 376 Improving lives through design. Affordable Housing Osborn Commons Sault Ste Marie, MI HDJ provided professional services for this four-story, new construction, mixed-use building in Sault Ste. Marie, MI. Osborn Commons has 65 mixed-income apartment homes with a 4th-floor outdoor terrace offering fantastic views of the Soo Locks. The units are one, two, and three-bedroom apartments. It is also home to the new retail market (2,000 sq-ft retail) that sells groceries and convenience items. Osborn Commons is certified LEED Gold by the US Green Building Council. Packet Page 377 Improving lives through design. Affordable Housing Grand View Place Grand Rapids, MI HDJ provided professional architecture and engineering services for the new construction of Grand View Place in Grand Rapids, MI. The apartments include energy-efficient appliances and washer/dryer hookups. GVP also features a laundry facility, elevator, and more. The development consists of a mix of multifamily residential units. The main pavilion includes community space for use by residents and their guests, a management office, and a supportive services manager's office, plus other indoor and outdoor amenities. Packet Page 378 Improving lives through design. Affordable Housing HoM Flats at 24 East East Holland, MI The new HŌM Flats at 24 East community is designed with an innovative, functional style at an affordable price. It features 191-units of 1-, 2- and 3-bedroom affordable units. All living spaces have high-end finishes, on-site amenities and offer community areas. Amenities include an on-site fitness center, dog park, playground, and walking paths in a peaceful neighborhood. The development includes two retail buildings at 6,000 sq-ft for multiple commercial tenants. HDJ is the Architect of Record for this project. Financing: 4% LIHTC program through MSHDA Packet Page 379 Improving lives through design. Affordable Housing HoM Flats 28 West Wyoming, MI The new HOM Flats at 28 West community is the redevelopment of a former movie theater site in Wyoming, MI, to bring affordable “high-quality workforce housing” to West Michigan. The 12-acre site has been designed with an innovative, functional style at an affordable price. It features 1- and 2- bedroom units. All living spaces have high-end finishes, and on-site amenities and offer community areas. The project involves the new construction of approximately 424 affordable housing units with a mix of one-bedroom and two-bedroom units and community and mixed-use spaces at the ground level of select buildings. The project will utilize a 4% low-income housing tax credit program and other financing sources to bring the development to fruition. This project will be delivered in two or more phases. HOM Flats at 28th Street has 236 units of mid-market housing. The development includes an on-site fitness center, dog park, playground, and walking paths in a peaceful neighborhood. HDJ provided architectural and engineering design services. Packet Page 380 Improving lives through design. Affordable Housing HoM Flats at Felch Holland, MI The new HOM Flats at Felch Street community was designed with an innovative, functional style at an affordable price. It features both market-rate and affordable unit options. All living spaces have high-end finishes, and on-site amenities and offer community areas. HOM Flats at Felch Street comprises 3, four-story buildings and 114 one-, two- and three-bedroom apartment units at a mix of “affordable” and market-rate prices. Seventy-seven of the 114 units are below market rate, and the remaining are market rate. The development includes an on-site fitness studio, remote workspace, dog park, playground, walking paths, rooftop terraces, and a community cafe. Packet Page 381 Improving lives through design. Market-rate Housing The Leonard Muskegon, MI New construction, mixed-use development. Eighteen market-rate residential apartments. The building was constructed using state-of-the-art precast concrete technology. The building offers apartments, office space, premium retail, underground parking, and onsite parking - both one- and two-bedroom units available. Received a $1.5 million low-interest loan through the Michigan Community Revitalization Program. Packet Page 382 Improving lives through design. HDJ Sustainability HDJ is proving that sustainability does not have to come at the expense of practical business operations. With our guiding principle of improving lives through design, we do so directly and indirectly. HDJ prioritizes sustainable design, defined as the balancing of environmental, economic, and social concerns. Sustainable design is beneficial to our firm and our clients because it often reduces operating costs, reduces waste management costs, and increases productivity. It makes both environmental sense and business sense. HDJ has staff architects and engineers that are LEED AP (Leadership in Energy and Environmental Design Accredited Professionals) through the USGBC (US Green Building Council). We encourage our clients to design and develop their facilities with an eye on sustainable criteria wherever possible. Many features can be easily incorporated into building design to help increase energy efficiency, reduce environmental waste and provide better indoor air quality, whether they choose to pursue LEED certification or not. LEED and sustainable design are important aspects of our design culture and we have LEED AP in each discipline of our firm. Our team remains engaged in both LEED and sustainable design, staying current with best practices and latest technologies. HDJ is active in the West Michigan Chapter of the US Green Building Council (USGBC), the parent corporation of LEED. Our engineers are members of the American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE), to whom the USGBC references minimum energy standards for all of their LEED-certified buildings, and also members of the American Society of Plumbing Engineers (ASPE). HDJ engineers participate regularly in sustainable design classes through ASHRAE and participate in ASPE annual training classes on sustainable design. Because HDJ is highly qualified and experienced, we know how to develop sustainable strategies that are environmentally-thoughtful and cost-effective solutions. Our sustainable design recommendations are engineered around proven technologies in innovative applications and grounded by reasonable pay-back periods. We have incorporated many intentional sustainable design features, including green roofs, daylight harvesting, wind generation, geothermal installation, automated controls, and high efficiency lighting. Packet Page 383 Improving lives through design. HDJ Honors + Awards Osborn Commons, Sault Ste Marie, MI 310 South Mechanic Lofts, Jackson, MI USGBC OH/MI/IN Leadership Awards Finalist in the Multi-Housing News 2008 Design LEED Gold Certified 2021 Excellence Awards in the Adaptive Reuse Category Outstanding Affordable Project in U.S. Green Building Council’s 2022 LEED Homes Awards. It was Muskegon Area Transit System Transportation among a field of 10 finalists representing six states Center, Muskegon, MI and three countries. Received 2005 AIA Grand Valley Honor Award for Building Design The Rosenwald Apartments, Chicago, IL 2021 - 200 Great Places in the State of Illinois by AIA Stuyvesant Apartment Building, Grand Rapids, MI Illinois Outstanding Preservation Project by a Group Award 2018 Advisory Council on Historic Preservation/HUD 2017 by the Historic Preservation Commission Secretary’s Award for Excellence in Historic Preservation Village at River's Edge, Kalkaska, MI 2018 Finalist for Chicago Building Congress Merit Received an Honorable Mention at a national level for Award for Renovations over $10 million the Charles L. Edson Tax Credit Excellence Award 2018 The Outstanding For-Profit Neighborhood Real Estate Project Award Trail West Apartments, Newark, OH 2017 Richard H. Driehaus Foundation Preservation Received 2010 Award for Excellence Affordable Award for Rehabilitation Housing Preservation from Ohio Capital Corporation 2017 Novogradac Historic Preservation Award for Housing 2017 Chicago Historic Preservation Award 2017 Best For-Profit Development for the Chicago National 101 BEST & BRIGHTEST COMPANIES Winner Neighborhood Development Award 2021, 2020, 2019, 2018, 2017, 2016, 2015, 2014 Brainerd Park Apartments, Chicago, IL AHF Reader’s Choice Award 2019 Finalist—Urban Design | Brainerd Park, Chicago, IL The Lakewoods Apartments, Dayton, OH 2017 Award of Excellence in Senior Housing Preservation Ohio Capital Corporation for Housing FINALIST: 2015 Reader’s Choice Awards, Affordable Housing Finance (AHF), Finalist—Preservation Category Stuyvesant Apartment Building, Grand Rapids, MI Outstanding Preservation Project by a Group Award 2017 by the Historic Preservation Commission Berkshire Apartments, Paw Paw, MI LEED for Homes GOLD Certification 2017 Village of Hillside Senior Living, Harbor Springs, MI LEED for Homes GOLD Certification 2017 Lloyd House 1, Menominee, MI Received the 2015 Governor’s Award for Historic Preservation for the rehabilitation of Lloyd’s Department Store, Menominee, MI FINALIST: 2015 Readers Choice Awards, Affordable Housing Finance, Finalist-Historic Rehab Category Packet Page 384 Improving lives through design. CIVIL ENGINEER PROGRESSIVE A/E Packet Page 385 HROEUQSUI N E SGT QFU OARL IPFRIO C PAO T SI O A LN S Muskegon Apartments Packet Page 386 Firm Overview Overview RelevantApproach Project Project Experience Project Understanding Team Member Resumes Project Team Project Experience Work Plan Proposed Fee Packet Page 387 Firm Overview Progressive AE’s workforce is a unique blend of creative people who think strategically, and strategic people who work creatively. The firm is guided by Performance Based Design, a fundamental and forward-thinking philosophy. Through Performance Based Design, we commit to optimizing performance for clients and validating results post-occupancy. FULL SERVICE ARCHITECTURE & ENGINEERING FIRM 60 YEARS OF EXPERIENCE 10 140+ DESIGN ACTIVE IN 48 STATES MARKETS 245+ SKILLED PROFESSIONALS AWARDS LOCATIONS= 2 Full Service Expertise Our Goal: Driving Performance One thing we know is each client faces unique We seek purposeful solutions to drive your needs that must be met, while keeping the future organization’s performance. To this end, we in mind. This is exciting to us. No challenge is work in a wide range of industries — from too great, thanks to our comprehensive range industrial plants to retail stores. Each is home of services. Whatever discipline is required, we to a dedicated, multi-disciplinary team whose have subject matter experts on hand to find the talents are marked by fresh design, technical right solution. precision and productive spaces. Having experts who specialize in your industry brings Our Areas of Expertise Include: you a tremendous experiential advantage • Architecture and a deep knowledge base of what you do, current trends and critical elements of success. • Design-build • Engineering Where We Work: • Interior Design • Community • Retail • Landscape Architecture • Healthcare • Senior Living • Urban Planning • Housing • Sports • Planning and Consulting • Industrial • Workplace • Procurement • Learning • Worship • Water Resources PROGRESSIVEAE.COM P5 Packet Page 388 Embracing Accessibility, Diversity, Equity and Inclusion through our Expertise in Universal Design Universal Design is the idea that spaces and places can be designed to be accessible and usable by the broadest range of people possible. It is a voluntary set of guidelines that go above and beyond the requirements of the Americans with Disabilities Act. In applying these principles to built environments, we’re given the opportunity to creatively embrace differences among people through design. Seventeen years ago, Progressive AE started its journey in Universal Design and each project has taught us something new along the way. Miracle Park, Rock Hill, SC We believe diversity and inclusion are essential elements of innovative design, where each individual’s background, knowledge, and experience contribute to strengthening the team and the organization. Guided by trust and respect, we aspire to sustain a culture that values everyone’s voice. Progressive AE Diversity and Inclusion Committee P6 PROGRESSIVE AE.COM Packet Page 389 Progressive AE has a long history of designing First Universal Design Certified Building in inclusive spaces that serve a diverse range of the World individual needs through our expertise in Universal Design. The following is a select list of our project experience over the years: 2021/2022 – Providing Universal Design services globally for Nationwide Insurance, Expedia Group, Oracle, CUNA Mutual, DHL & UKG Software 2021 - Authored Research Article for The Disability & Health Journal: “Integrating A social ecological approach with universal design to increase participation and add value for consumers” 2021 – Rock Hill Miracle Park: Certified by the Global Universal Design Commssion as the first GOLD certified park in the world Universal Design in Action 2018 – Colorado Springs Olympic Training Facility: The Mary Free Bed YMCA is a 36-acre, LEED-certified Presented Universal Design principles to committee community centerpiece that supports children, adults members for locker rooms, office areas and the aquatic and families with unbridled ease of access to healthy environment. living. The project was designed around the principles 2018 – United States Access Board: Presented Universal of Universal Design and in 2015 was awarded Design to the board in Washington D.C. Universal Design Certification becoming the first building in the world to receive this certification from 2018 – Zero Project International Accessibility Award. the Global Universal Design Commission. The building 2017 – Mary Free Bed YMCA shortlisted for Zero Project features an over-sized, brightly colored ramp that 2018, a prominent international accessibility award. serves as the building’s main form of vertical circulation. Simple planning allows for intuitive navigation. Colors 2017 – Merck & Co: Provided global Universal Design play an important role throughout the building to consulting work workplace, cafeteria, meeting spaces, highlight program areas and assist in wayfinding. and fitness areas. Transitions between flooring types are non-existent 2016 – Mike Perry, executive vice president, joins the to remove trip hazards and make movement board of the Global Universal Design Commission to throughout the building easier for all. continue engagement and learning in Universal Design. 2015 – Mary Free Bed YMCA: Certified by the Global Universal Design Commission for expert application of Universal Design principles, the building was designed to Click to Learn More be accessible to all people regardless of age or ability. 2013 – Art Van Sports Complex: A nine field baseball and softball complex with Championship and Miracle Fields. The hard surface Miracle Field allows children and adults with disabilities to participate in baseball. Success. It’s in the numbers. 2009 – Muskegon Winter Sports Complex: Designed 19 New all-inclusive programs the world’s first universally accessible wheel luge track. Modifications were also made to make the ice 515% Increase in memberships luge track to bring it to Universal Design standards. 2001 – Versluis Park: Fully accessible recreational 600% More monthly gate visits experience with playground, volleyball, picnic area, 35% Increase in net revenue boating, fishing and swimming. The site includes an accessible beach deck, water access transfer steps 25% Decrease in utility expenses and ramp and oversized boardwalk. PROGRESSIVEAE.COM P7 Packet Page 390 Progressive AE’S Commitment We acknowledge the impact that the built environment has on climate change and the natural environment. We are passionate about engaging with communities to create positive change which will benefit people, places, and our planet. We hold ourselves accountable in the work we do together, and we take pride and ownership in the unique solutions, tools, and knowledge we offer to our stakeholders. We strive to continually improve as we share in the success of our clients and the communities they serve. History of Sustainable Design at Progressive AE Progressive AE became a corporate member of the U.S. Green Building Council in 2000. As early advocates for sustainable design, and with over 50 LEED accredited professionals, we have guided hundreds of projects through LEED certification; including our corporate headquarters in Grand Rapids, MI. Building on these commitments, beginning in 2020, firm leadership encouraged employees to seek accreditation through the WELL building standard. We currently have 25 professionals influencing design through the WELL standard framework. Additional opportunities we’re engaging with include Green Infrastructure (NGICP) for Communities within our Planning and Civil Engineering disciplines, as well as PassivHaus and Living Building Challenge strategies for multi-family projects, medical office buildings, and other building types. Most recently in 2021, Progressive AE has become a signatory of the AIA 2030 Commitment, further enhancing the company’s commitment to reduce carbon emissions and aid in the fight against the impacts of climate change. P8 PROGRESSIVE AE.COM Packet Page 391 Future-focused Design You cannot have sustainable design without resiliency. Resilient design looks to the future, and plans and prepares projects and communities to be adaptable to climate change. To do this, we acknowledge and incorporate the AIA Framework for Design Excellence. We understand and implement standard and optimization features from various green metrics throughout our design process. We strive to go beyond code minimum and engage stakeholders and community members to provide equitable, sustainable and resilient design. Sustainability Advocates & Change Management Progressive AE’s Sustainability Green Team provides a consistent message through our various internal and external communication channels. We introduce sustainable design as part of our company culture, evident in our proposal from the initial project meeting with stakeholders, and it is promoted throughout each phase of the design- construction process with sustainable champions from various practice disciplines. We continually educate our staff, from leadership to interns, as well as our clients and the community at large. We celebrate project successes both big and small to create momentum and opportunities to learn from those successes and identify opportunities where we can improve. As our project teams realize energy and carbon reduction in all project types, we raise the baseline for our projects over time. Sharing our success, we foster a company culture that believes in affecting positive, equitable, and inclusive change in addressing the impact of climate change. Progressive AE is actively engaged with change management within our team structure to create integrated project teams within our multi-disciplinary company. This allows seamless integration of the AIA 2030 Commitment into company culture. We will employ seven strategies for change: 1. Active and visible executive sponsorship 2. Dedicated change management resources 3. Structured change management approach 4. Employee engagement and participation 5. Frequent and open communication about the change and purpose for change 6. Engagement and integration with project management 7. Engagement and support from Practice, Team & Technical Leaders and aid in the fight against the impacts of climate change. PROGRESSIVEAE.COM P9 Packet Page 392 Low Income Housing Tax Credit & HUD Experience Progressive AE has extensive experience designing Low Income Housing Tax Credit (LIHTC) projects, often including a combination of housing, retail, and community components. A sample of our experience with this project type includes: 205 Division Avenue Apartments Alpine & Leonard Mixed-Use Plaza Roosevelt Suroeste Brillante • Grand Rapids, MI • Grand Rapids, MI • Grand Rapids, MI 240 Ionia Mixed-Use Diamond Place Mixed-Use Pine Street Apartments • Grand Rapids, MI • Grand Rapids, MI • Grand Rapids, MI 345 State Street The Flats at Carriage Commons Stockbridge Mixed-Use • Grand Rapids, MI • Traverse City, MI • Grand Rapids, MI 843 Lake Drive Harrison Park Apartments The Southgate Senior Living • Grand Rapids, MI • Grand Rapids, MI • Grand Rapids, MI Plaza Roosevelt Suroeste Brillante Plaza Roosevelt Avenida Brillante • Grand Rapids, MI • Grand Rapids, MI P 10 PROGRESSIVE AE.COM Packet Page 393 Market-Rate Development Project Experience Progressive AE has extensive experience designing mixed-use development projects, often including a combination of housing, retail, and community components. A sample of our experience with this project type includes: 20 East Fulton Street Development Central Park Apartments Macatawa Farms Development • Grand Rapids, MI • Greenville, MI • Holland, MI 400 Rose Apartments Phase II District Detroit Arena Lofts Prarie Winds Community • Kalamazoo, MI • Detroit, MI • Zeeland, MI 410 Markley Street District Detroit One Eleven West Spring Meadows Community • Norristown, PA • Detroit, MI • Hudsonville, MI 48 West Mixed-Use Student Housing Epicurean Village Oliver Tower Apartments • Allendale, MI • Spring Lake, MI • Lansing, MI Block 600 Mixed-Use Ferris State University Townhomes River’s Edge Apartments • Lansing, MI • Big Rapids, MI • Grand Rapids, MI Applegate Development Fulton Place Apartments Waverly Park Redevelopment • Portage, MI • Grand Rapids, MI • Lansing, MI Bagley Avenue Townhomes Greenspire Apartments • East Grand Rapids, MI • Portage, MI Bloomfield Lofts The Hanover Townhomes • Mount Pleasant, MI • Caledonia, MI Campus Creek Apartments The Knoll Townhomes • Big Rapids, MI • Ada, MI PROGRESSIVEAE.COM P 11 Packet Page 394 You measure return on investments every day. Why should design be any different? Housing Expertise 250+ Housing is personal. It’s a place to live, entertain, make life-long LEED friendships, raise a family and grow old. Whether it’s a modern high-rise with a million-dollar view, an enclave of townhomes along the lakeshore CERTIFIED or a bustling university campus, we are passionate about designing PROJECTS spaces people are proud to call home. And it’s equally important to integrate those residences into thriving settings we call “community.” With more than 50 years’ experience, our housing experts are well- 700+ equipped to deliver the style and creativity your residential structure deserves, with the architectural and engineering precision it requires. Our in-depth knowledge of industry best practices allows us to create productive, unique spaces for any housing platform. By scrutinizing LIHTC UNITS critical elements like life-cycle costs and long-term cost of ownership, we drive performance in your unique environment. This ensures an exceptional resident experience and, ultimately, a return on your investment. 25+ We Start With You. No matter the project, we always begin by understanding you, your people and the aspirations and drivers behind your organization. Having a firm understanding of where you are today and where DEVELOPER you want to be tomorrow, will help guide our design decisions and PARTNERS recommendations. Design is a process, it takes understanding, vision and realistic recommendations. Our housing experts are here to lend our guidance and expertise gained through decades of experience to your project. Understanding Housing Trends HOUSING The housing market is competitive and we understand owners and developers must garner a return on their capital investments. To that PROJECTS IN end, we immerse ourselves in your world to fully understand how housing developments can drive organizational performance. We apply 7 STATES emerging and current trends to both site and structure, as well as understand your local and state codes. • Carbon footprint considerations • Natural resource integration • Due diligence and feasibility studies • Peer review for collaborative • Efficient design practices precision • Environmentally neutral raw materials • Renewably sourced products • LEED certification • Sustainable practices • National registrations • Value engineering P 14 PROGRESSIVE AE.COM Packet Page 395 240 Ionia PROGRESSIVEAE.COM P 15 Packet Page 396 The Southgate Senior Living Grand Rapids, MI Inner City Christian Federation (ICCF) selected Progressive AE to design The Southgate to cater to independent minded seniors living in a thriving downtown Grand Rapids neighborhood. This project is a 58,500 square foot 4-story structure with first floor common amenity spaces including a library, community meeting room, fitness room, and indoor bike storage. An outdoor sculpture plaza features sitting areas and a bocce court. This project received HUD financing. Client: Inner City Christian Federation Size: 58,500 square feet, 56 units Cost: $13,900,000 Completion: 2023 Services: Architectural and interior design, structural, mechanical, and electrical engineering, civil engineering, and construction administration P 16 PROGRESSIVE AE.COM Packet Page 397 Stockbridge Apartments Grand Rapids, MI Progressive AE was selected by the client, a nonprofit developer, Inner City Christian Federation to design the Stockbridge Housing development. This project is a 72,000 square foot 5-story mixed use building with first floor retail spaces and a mix of low-income and market- rate housing units above. This project recieved HUD financing. Client: Inner City Christian Federation Size: 71,522 square feet, 64 units Cost: $12,150,000 Completion: 2019 Services: Architectural design, mechanical and electrical engineering, structural engineering, construction administration and LEED certification PROGRESSIVEAE.COM P 17 Packet Page 398 834 Lake Drive Housing Grand Rapids, MI Responsible for the renovation of a two-story historic Bethel Pentecostal Church in Cherry Hills neighborhood into a four-story, 21 one bedroom and 16 two bedroom unit housing facility. This private developer housing project was funded with MSHDA tax credits, and is a US Green Communities project. Size: 53,488 square feet Cost: $5,267,000 Services: Architecture, civil and MEP engineering, interior design, construction administration, US Green Communi- ties Award assistance P 18 PROGRESSIVE AE.COM Packet Page 399 City of Grand Haven Lynne Sherwood Waterfront Stadium Grand Haven, MI Located on Lake Michigan and along the Grand River, the City of Grand Haven is a vacation destination for thousands of visitors and tourists each year. A defining feature of the downtown area is the waterfront stadium, located along the Grand River. The aged structure is defined by a large set of bleachers that disrupt the river view from downtown. Rarely used by visitors or the community outside of concert events, the stadium remains empty a majority of the time. The city knew it had an opportunity to redefine the space and create a place that promotes community gathering, celebrates the City of Grand Haven, and invites visitors to stay and hang out – all while opening up the view to the waterfront. The new stadium includes seating made of low terraced retaining walls with grass surface. This helps take away the height of the previous bleachers and increases the visibility throughout the space and to the downtown area. A permanent 1,146-square-foot band shell is located in front of the seating on the northwest corner of the site. A sports surface located directly in front of the seating can be used for volleyball, ice skating, and other events. When necessary, additional portable bleachers can be added to increase the seating capacity of the space. The historic depot building will receive a 1,658-square-foot expansion for increased flexibility in supporting events and daily use. Cost: $3,200,000 Completion: 2018 Services: Site and landscape design, architectural design, engineering, design build Reference: Holly Johnson, President, Frey Foundation, johnson@freyfdn.org, 616.451.0303 P 20 PROGRESSIVE AE.COM Packet Page 400 Fulton Place Grand Rapids, MI Fulton Place is a new state-of-the-art student housing project in downtown Grand Rapids, Michigan, serving the students of Grand Valley State University. The five-story mixed-use project includes 12,000 square feet of retail and 125 student housing units. Generous sized one-two- and four-bedroom units feature laundry and kitchen amenities not included at other similar apartments in the area. Size: 142,000 square feet, 125 units Cost: $25,000,000 Completion: 2016 Services: Architectural design, mechanical engineering, electrical engineering, structural engineering, interior design and construction administration P 22 PROGRESSIVE AE.COM Packet Page 401 Packet Page 402 205 Division Avenue Grand Rapids, MI Progressive AE was responsible for the design, documentation and construction administration of this 38-unit, six-story apartment building located in the up- and-coming Heartside District just south of downtown Grand Rapids. 205 Division is a mix of one-and two- bedroom, low income and market rate apartments aimed at young professionals with a desire to live in a vibrant downtown environment. Our team provided the necessary documentation and support to earn the Low Income Housing Tax Credits (LIHTC) to support the development of this project. This project, as well as the adjacent 26 Cherry Street development, also completed by Progressive AE, helped to develop the neighborhood without displacing existing residents. As a LIHTC development, residents were able to benefit from the social services provided in the pedestrian-heavy neighborhood and the entire community was able to prosper without becoming gentrified, resulting in the displacement of longtime residents. Similarly, by offering first floor retail storefronts, small businesses and service providers were able to find available space for lease in the downtown area without the high price rental cost. Size: 51,171 square feet | 38 units Cost: $7,282,683 (bid) | $7,400,000 (final construction) Completion: 2014 Services: Architecture, civil and MEP engineering, interior design, construction administration, US Green Communities Award assistance P 24 PROGRESSIVE AE.COM Packet Page 403 Packet Page 404 Downtown Grand Rapids Inc. and City of Grand Rapids Lyon Square Grand Rapids, MI Progressive AE was tasked with creating a flexible, M O N R O E AV E . four seasons space that will be used to bring people together in the heart of Downtown Grand Rapids. This PARKING GARAGE TWO-WAY DRIVE LANE SKYWALK unique space will establish a memorable destination that GREEN promotes a culture of engagement and inclusion. One INFRASTRUCTURE OVERHEAD GATEWAY SEATING LOADING ELEMENT DOCK OPPORTUNITY STAIRWELL big focus for the Progressive AE team was to create a D OVERLOOK RO DELIVERY VEHICLE P-O ACCESS AREA LYO N ST. FF LOADING VALET PARKING comfortable, shared place for pedestrians and vehicles in DOCK PROMENADE an equitable environment. WALK Other Project Goals Included: • Increase green infrastructure 0 50 ‘RIVER’ CONCEPT THE INFORMATION IN THIS DOCUMENT IS THE INTELLECTUAL PROPERTY OF PROGRESSIVE AE. IT IS INTENDED SOLELY FOR USE BY THE INDIVIDUAL OWNER. REPRODUCTION OF ANY PORTION OF THIS DOCUMENT FOR ANY PURPOSE IS STRICTLY PROHIBITED. • Improve opportunities to linger DOWNTOWN GRAND RAPIDS INC. LYON SQUARE | GRAND RAPIDS, MI | 12.18.2020 | PROJECT # 75240009 • Enhance the “Downtown Promenade” along the river • Boost the space at “The Kitchen” by Wolfgang Puck • Provide a snowmelt system • Activate the space • Balance business functions with high quality pedestrian space • Maintain access and operations of existing facilities • Create a four season place with year-round appeal 3D VIEW THE INFORMATION IN THIS DOCUMENT IS THE INTELLECTUAL PROPERTY OF PROGRESSIVE AE. IT IS INTENDED SOLELY FOR USE BY THE INDIVIDUAL OWNER. REPRODUCTION OF ANY PORTION OF THIS DOCUMENT FOR ANY PURPOSE IS STRICTLY PROHIBITED. DOWNTOWN GRAND RAPIDS INC. LYON SQUARE | GRAND RAPIDS, MI | 12.18.2020 | PROJECT # 75240009 Size: .25 mile Estimated Cost: $4,300,000 Expected Construction: Summer 2021 Actual Cost: N/A, Project still in progress Actual Completion: N/A, Project still in progress Services: Architecture, urban planning, landscape architecture, civil engineering, structural engineering, 3D VIEW THE INFORMATION IN THIS DOCUMENT IS THE INTELLECTUAL PROPERTY OF PROGRESSIVE AE. IT IS INTENDED SOLELY FOR USE BY THE INDIVIDUAL OWNER. REPRODUCTION OF ANY PORTION OF THIS DOCUMENT FOR ANY PURPOSE IS STRICTLY PROHIBITED. mechanical engineering, electrical engineering, DOWNTOWN GRAND RAPIDS INC. LYON SQUARE | GRAND RAPIDS, MI | 12.18.2020 | PROJECT # 75240009 consultant coordination Reference: Mark Miller, AIA, Managing Director of Planning and Design, Downtown Grand Rapids, Inc., mmiller@downtowngr.org, 616.719.4610 P 26 PROGRESSIVE AE.COM Packet Page 405 River’s Edge Apartments Grand Rapids, MI This high-end apartment and mixed-use building sits along the shore of the Grand River on Grand Rapid’s up-and-coming north side. River’s Edge is a unique collection of luxury condominiums and apartments ranging from 850 to 1,300 square feet in the heart of Grand Rapids. Spacious and modern, these light-filled, 1-, 2- and 3-bedroom floor plans feature stunning views and designer selected finishes. With large windows, plenty of natural light and ample patio space, each unit blurs the line between outdoor beauty and indoor comfort. The building is also home a new restaurant, Linear and enclosed resident parking. Size: 42,400 square feet, 39 units Cost: $6,500,000 Completion: 2018 Services: Architectural design, mechanical. electrical and structural engineering, interior design and construction administration P 28 PROGRESSIVE AE.COM Packet Page 406 Envision Ada Master Plan and Headley Street Re-Alignment Ada, MI • Master planning process completed over a six-month period engaging diverse stakeholder groups, including the Township, local business owners, property owners and involved community members using community forums, as well as social media tools • Creation of a sustainable plan which allows the natural feature of the river to be fully realized as a community asset; includes green street design standards, storm water management • Solutions provide increased accessibility for pedestrian traffic, increased availability of residential properties within the village, and creation of community green spaces as gathering places • Existing and future conditions modeling of roadway network • Signal warrant anaylsis at the M-21 (Fulton Street) / Headley Street intersection • Development of alternatives for the Headley Street re- alignment • Traffic signal design • Streetscape design including median islands, bulb-outs, sidewalks, ornamental lighting, street trees, and site furnishings such as bike racks and benches • Subsequent master plan implementation projects that Progressive AE has partnered with Ada Township and other stakeholder to complete include Legacy Park and the Amy Van Andel Library and Community Center Size: 40 acres Cost: Ada Village: $13,000,000 Headley Street: $3,390,000 Completion: 2015 Services: Stakeholder engagement, master planning, civil engineering, landscape architecture, traffic engineering and analysis, non-motorized land planning P 30 PROGRESSIVE AE.COM Packet Page 407 Trinity Health Muskegon Healing Garden Muskegon, MI The healing garden at Trinity’s Health’s Muskegon campus is rooted in the philosophy of Biophilia and its ability to support human health and wellness in the built environment for, patients, hospital staff, and visitors through the healing process. The word biophilia originates from the Greek, ‘philia’ meaning ‘love of’. It literally means a love of life or living things. Biophilia is a term coined by Harvard naturalist Dr. Edward O. Wilson which describes what he saw as: “Humanity’s Innate tendency to focus on lifelike processes, and to be drawn toward nature, to feel an affinity for it, a love, a craving.” – Natalie Angier The garden’s design utilizes six principles as identified by Dr. Stephen R. Keller in the execution of its design; 1) Environmental Features, 2) Natural Shapes & Forms, 3) Restorative Patterns & Processes, 4) Light & Space, 5) Place-based Relationships, and 6) Evolved Human- Nature Relationship. The execution and utilization of these principles help’s contributes to patients, hospital staff, and visitors in the reduction of stress, increase in cognitive performance, improvement in healing, and the positive affects on 14 KEY emotion, mood, and preference. Amenities include: PRIMARY GATEWAY W/ 1 PRIVACY WALL PARKING AREA 2 COMMUNAL LAWN W/ ADIRONDACK CHAIRS o Fountain 3 SHADE STRUCTURE & PUBLIC SEATING DRO P-OFF 4 5 DUAL-SIDED MEDITATION WALL/WATER FEATURE RESPITE ROW BENCHES o Shade Structure IVE 10 DR 6 VEGETATIVE LABYRINTH RY NT o Various types of seating (group and individual) E 1 7 ASPIRATION SEATWALL 6 8 CONTEMPLATION WALL 2 9 TERRACED GARDEN W/ STAIRS 5 13 3 CHARLES HACKLEY, SISTER o Labyrinth 10 McAULEY, NURSE STATUE 12 7 BENCH FEATURE 12 15 4 9 11 EVERGREEN SCREEN 12 12 SOLITARY BENCH 8 INTERNAL ROADWAY o Prayer & Contemplative Space with Virgin Mary Statue SECONDARY GATEWAY W/ 13 11 LOW WALL 14 CELEBRATION EVERGREEN HEALING GARDEN 15 BE REMARKABLE MEADOW 5,300 SF oP edestrian and landscape lighting (for safety and 15 aesthetics) DROP-OFF PARKING AREA o Native and non-native plant material. 0 30 CONCEPT SITE PLAN THE INFORMATION IN THIS DOCUMENT IS THE INTELLECTUAL PROPERTY OF PROGRESSIVE AE. IT IS INTENDED SOLELY FOR USE BY THE INDIVIDUAL OWNER. REPRODUCTION OF ANY PORTION OF THIS DOCUMENT FOR ANY PURPOSE IS STRICTLY PROHIBITED. oP edestrian stair access from lower parking area to MERCY HEALTH CAMPUS | HEALING GARDEN - SITE CONCEPT | OCTOBER 9, 2019 | PROJECT #61126146 1 Size: 0.67 Acres upper hospital main entrance. Cost: $850,000+ Completion: 2022 Services: Landscape Architecture, Civil Engineering P 24 PROGRESSIVE AE.COM Packet Page 408 Envision Ada Master Plan – Ada, Michigan Pete Lazdins, PLA, Project manager for the design of a master development plan for the ASLA, CLARB Village of Ada. Several community engagement sessions to develop Senior Land Planner, Landscape concepts which were presented to a variety of stakeholder groups. Architecture Discipline Leader To date, most of the plan has been implemented and has created a robust lazdinsp@progressiveae.com Village Center which includes housing, retail, civic buildings, a river front Phone: 616.365.8570 park and pedestrian oriented streetscape system. The Village at 48 West – Allendale, Michigan This master planning project was a private developer led student housing project adjacent to Grand Valley State University. A village center was Pete combines the design sensitivity created to support a variety of community and retail uses, which included of a landscape architect with the housing on the upper levels. A centrally located community building with broader perspective of an urban amenities for the residents to enjoy. The housing offered three distinct planner. A good deal of his work living styles: downtown, apartments and townhomes. involves planning in the urban environment on a variety of projects. Prairie Winds – Zeeland, Michigan He is well-versed in campus Lead designer for a sustainable community design for a variety of planning, housing, retail, and public housing types: single family, duplexes, and townhouse units. The spaces. In addition, many of the development includes a community barn, connected greenspace, projects in Pete’s portfolio involve signature entry and a covered bus stop for children within the rezoning and site plan approvals. development. The project was taken through the entitlement process for all necessary approvals. Education Hillside Ranch – San Marcos, Texase Michigan State University Senior land planner and designer for a private developer housing project Bachelor of Science, Urban Planning geared to students and empty nesters. The project was close to the Texas State University and included several amenity areas for residents. University of Michigan The project contained several housing types which included cottages, Master of Landscape Architecture townhomes, and smaller apartment buildings Waverly Park Development – Lansing Michigan Lead designer and project manager for the development of a former golf course encompassing 120 acres. This was a mixed use project with retail, a variety of housing types, which included a senior living complex. The plan focused on walkability and a connection to the adjacent neighborhood to take advantage of a robust greenspace network. This was a rezoning entitlement process to convert the land to a PUD. P 34 PROGRESSIVE AE.COM Packet Page 409 Studio Park, Grand Rapids, MI Nolan Miller, PLA, Led the design of the piazza and streetscape for Studio Park in downtown ASLA, NGICP Grand Rapids. The piazza serves as the front door to the downtown cinema Landscape Architect and provides an open space for residents and visitors to the area. millern@progressiveae.com Ottawa Beach Gateway Phone: 616.447.4882 Landscape architect for the streetscape improvement of Ottawa Beach Road in Holland, Michigan. The project cnsisted of designing and installing sidewalks, Nolan brings 10 years of experience pedestrian lighting, pavers and low retaining walls to maximize the pedestrian as a landscape architect, urban realm and enhance the experience of the corridor altogether. designer and project manager Founders Brewing Company: Expansion Projects, Grand Rapids, MI to Progressive AE. His work has Project manager and site planner for a variety of expansion and improvement involved campus planning, urban projects with the brewery. Projects included civil and landscape services for infill, corridor redevelopment, and parking lot designs and improvements, as well as expansion and renovation to project entitlement for large and current facilities. small-scale developments. Nolan also sits on the Downtown Purdue University Vawter Field Redevelopment Grand Rapids Inc.’s Alliance Goal 1 Landscape architect for project in West Lafayette, Indiana, defined by three (River) board. With his background areas: ‘the green’, north terrace and Third Street. The large green lawn is working on the Studio Park depressed several feet and serves as a wonderful connector and event and development, and other prominent gather space for students and faculty. The north terrace and courtyard urban land planning projects, Nolan provide outdoor sheltered meeting spaces for students while softening the brings a personal passion to urban approach to the buildings. The Third Street streetscaping provides a barrier to development to the Progressive AE the busy thoroughfare and creates a pedestrian realm suitable for campus life. team. 620 Wealthy Street, Grand Rapids, MI Project Manager and site planner for the redevelopment of 620 Wealthy Education Street. This urban infill includes a one-story retail building on the corner of Kansas State University Wealthy and Jackson, with parking tucked behind. The development conforms Bachelor of Landscape Architecture to the recent development pattern along the Wealthy Street corridor. University of Colorado Denver Master of Urban Design Clemson University Core Campus Development Landscape architect for the Clemson University core campus development in Clemson, SC; consisted of a large building with three dormitory wings and central dining facility, as well as full site development including a series of outdoor courtyards linked by a wide promenade (Clemson Walk) that significantly improved a north-south connection on campus. This project required a great deal of coordination and collaboration with both in-house and consulting architects and engineers. PROGRESSIVEAE.COM P 35 Packet Page 410 Brandon Simon, PE Studio Park, Grand Rapids, MI Led the civil engineering design efforts and coordination with landscape Civil Engineer architecture group for Studio Park in downtown Grand Rapids. This project simonb@progressiveae.com provides a unique open space in the city center and incorporates underground Phone: 616.361.2668 detention integrated into an outdoor piazza and movie theater. Eastern Lofts, Grand Rapids, MI Lead civil engineer for the redevelopment of numerous existing single family Brandon brings 12 years of residential lots into a 70-unit apartment complex in Grand Rapids. Eastern experience in civil engineering Lofts incorporated a high-density apartment building, 4-plex units, community to Progressive AE. His work has gardens, and community gathering and play areas. The development focused heavily on urban infill integrated with city bus routes to provide multiple convenient means of projects but also includes large transportation for residents. scale residential developments, 150 Ottawa, Grand Rapids, MI and numerous site plan projects. Lead civil engineer for the redevelopment of an existing city parking lot into a Brandon is a member of the two-tower structure containing class a office space, integrated parking deck, Sustainability Green Team at a hotel, and ground floor retail and restaurant space. This project includes a Progressive AE and brings a green roof and extensive street scaping including restaurant seating. passion for sustainable design to his projects. Berkshire Muskegon, Muskegon, MI Lead Civil engineer for the redevelopment of a vacant lot in Muskegon into Education an active independent senior living community. This project incorporates Michigan State University both surface level parking and underground parking and also includes an Bachelor of Science, Civil Engineering underground stormwater detention system. P 36 PROGRESSIVE AE.COM Packet Page 411 Contact Us Michigan Offices Phone: 616.361.2664 North Carolina Office Phone: 704.731.8080 Read Our Blog progressiveae.com/strategic-insights Watch Our Testimonials progressiveae.com/testimonials Packet Page 412 PROPERTY MANAGER KMG Prestige Packet Page 413 Company Biography Packet Page 414 Company Overview KMG Prestige is a fee-based property management firm specializing in the management of multi- family residential housing. Established in 2006, KMG Prestige’s expertise includes the management of Market Rate, Affordable, Senior and mixed-use properties. Although KMG Prestige was established in 2006, as a newly formed entity, its origin dates back to 1975 when the company originated in Mt. Pleasant, Michigan. Morphing from a small startup, KMG Prestige now manages over one billion dollars in assets, consisting of over 29,000 dwelling units spread across a six-state area. Current ownership brings more than 50 years combined experience in the property management industry. KMG Prestige attributes its continued growth to strong industry relationships, with a focus on operational excellence. Our economies of scale bring an added benefit to ownership by reducing daily expenses via our ability to obtain master contracts in the area of energy consumption, service providers, insurance and product purchasing. KMG Prestige is committed to excellence and the continuous improvement in the delivery of property management. An ever-evolving industry, KMG Prestige continues to incorporate the newest technologies in order to provide the most up to date services. Management Philosophy KMG Prestige is a client driven organization, and it is our goal to deliver the highest caliber of management services to our clients at the lowest cost possible. We believe that our job is to do anything we can to help our Employees be successful in their job of serving the Residents and the needs of the Owners. The Employees’ goal then, is to do anything possible to ensure our Residents have a fantastic housing experience. To this end, we endeavor to live and breathe our mission statement and our core values. We also recognize and reward our employees who do this. We realize that our success is predicated on active and continuous improvement in our processes. Packet Page 415 Client Base KMG Prestige ownership’s former and current clientele is broad based, and although most are for- profit entities a significant minority are non-profit organizations. As a third party fee management company, KMG Prestige aims to create partnerships with clientele, not competition. The typical organizational structure of the client is that of a limited partnership or limited liability company. A thread that is common to most of the KMG Prestige clients is that they have their roots in the field of real estate development either creating new communities or acquiring and rehabilitating existing housing properties. KMG Prestige is proud of the quality of the relationships it maintains with its clients, most of which have endured over a long period of time. Affordable Housing Program Knowledge Many rental programs have been developed and have seen significant growth in the past 30 years coinciding with KMG Prestige’s earliest affiliate’s entry into the market. KMG Prestige has developed expertise in the administration of the HUD 202, 221 (d4), 236, Section 8, and the Low Income Housing Tax Credit (LIHTC) Rental Housing Programs as well as the Rural Development 515 and a number of tailor-made rental programs developed through the auspices of the Michigan State Housing Development Authority. Construction KMG Prestige’s extensive knowledge of multi-family housing has always been a beneficial resource for Owners and Developers during the planning and construction and/or rehabilitation phases of their property. KMG Prestige has worked with many Owners providing insight into design, amenities, and creation of the operating budget, staffing needs, and recommendation of marketing tools, while assisting the Owner to manage the process from lease up to management of the completed project. Receivership Management Experience KMG Prestige has served as the court appointed receiver for several communities located in Michigan, Indiana and Wisconsin. In addition, KMG Prestige has also been named as managing agent for independent receivers. Our extensive knowledge and experience in full-service management allows our team to quickly evaluate and identify key areas requiring immediate attention. This approach allows for the implementation of a strategic plan to rapidly market and improve a distressed community in order to transform the asset into a viable resale opportunity. Packet Page 416 Mission Statement – “Do the Right Thing” KMG Prestige Values We Hire and Reward people who everyday display INTEGRITY, HONESTY, and CARING behaviors in dealing with others. We Foster quality relationships. We treat each other, our Clients (owners and developers), our Customers (residents), and our Lenders and Suppliers with respect, open, honest communication, fairness, and politeness. We Teach, encourage and model teamwork and tolerance. We Seek to continuously improve by sharing knowledge, and improving the quality of the systems. We Strive to be good stewards of our corporate resources. We Leverage our individual and collective gifts with the intention of developing a harmonious and satisfying living and working environment. We Do What Is Right even when that is in conflict with doing what is easy or more profitable. Packet Page 417 Organizational Chart Packet Page 418 References Client Agency Phillip Seybert Troy Thelen P.S. Equities, Inc. Acting Director of Asset Management 805 West Broadway, Suite 1 Michigan State Housing Development Authority Mt. Pleasant, MI 48858 735 East Michigan Avenue (989) 779-9995 Lansing, MI 48912 (517) 335-3275 Amin Irving Susie Sapilewski Ginosko Development Company Supervisory Project Manager 41800 West Eleven Mile Rd, Suite 209 US Department of Housing and Urban Development Novi, MI 48375 50 Louis Street N.W. (248)513-4900 Grand Rapids, MI 49503 (616) 456-2100 Thomas Lapka Mark McDaniel Mallory, Cunningham, Lapka & Scott, P.C. President and Chief Executive Officer 605 S. Capitol Avenue Cinnaire Lansing, MI 48933 1000 South Washington, Suite 200 (517) 482-0222 Lansing, MI 48910 (517) 482-8555 Kim Hagood Elite Property Management, LLC 11000 West McNichols, Suite 202 Detroit, MI 48221 (313) 831-1680 Stephen Barron Community Development Partners, Inc. 500 West Roosevelt Road Chicago, IL 60644 (773) 854-4040 Packet Page 419 The Leadership Team Packet Page 420 PAUL SPENCER PRESIDENT & CEO Paul Spencer began his 27-year property management career with Oakwood Apartments, a developer, owner and Management Company that specializes in short-term corporate housing. Paul supervised a portfolio of 3,500 units with an asset value of almost four hundred million dollars. In 1995 Paul entered the affordable housing field when he joined Related Management and was responsible for the supervision of properties in a seven-state area. His portfolio was very diverse, and included conventional, project-based Section 8, 236, RAP, Rent Sup, Tax Credit, Bond Financed and Hope VI communities. During his tenure with Related Management, Paul became very familiar with the Americans with Disabilities Act and specifically Section 504. Paul is currently President of KMG Prestige. KAREN MEAD VICE PRESIDENT OF BUSINESS DEVELOPMENT Karen Mead is the Vice President of Business Development for KMG Prestige. For over 37 years she has been intensively involved in the property management industry. Karen is currently responsible for growth associated with third party real estate investment management and consulting of our current and future clients. Previously Karen held the position of Vice President of Property Management with Keystone Management Group where she was responsible for supervision of eight Regional Property Managers, consisting of over 8000 units. In 2007, she acquired an ownership interest in that company and was instrumental in its growth. During the course of her career, she has been involved in virtually every aspect of the property management industry. Karen’s experience includes a full spectrum of operations with all programs associated with the affordable housing arena, as well as market rate developments. Karen specializes in assisting and directing ownerships with new construction, including underlying financial strategies. And has an extensive understanding of real estate finance and the LIHTC program. Karen is a high-energy individual who is committed to providing unparalleled customer service and maintaining exceptional client relationships. Packet Page 421 JENNIFER ALLEN VICE PRESIDENT OF FINANCIAL SERVICES & CFO Jennifer Allen is the Vice President of Financial Services and CFO for KMG Prestige. Her career in property management began in 1998 when she joined Boston Financial Group as an Accounting Manager, and continued with Keystone Management Group, where she served as Controller from 2000 through 2006. As a graduate with honors from Alma College, Jennifer holds a Bachelor of Arts degree in Business Administration, with an Emphasis in Accounting. In her current capacity as VP of Financial Services, Jennifer is directly responsible for managing and directing the support center operations within the Accounting, Accounts Payable Payroll and Risk Management departments. This includes reviewing and implementing policies and procedures related to these areas, as well as overseeing all financial reporting requirements and compliance reporting requirements for the entities managed by KMG Prestige. Throughout her career in property management, she has had the opportunity to work closely with various owners and tax credit syndicators, including Great Lakes Capital Fund, Centerline, MMA Financial, PNC Multifamily, Boston Capital and National Equity Fund, as well as develop strong working relationships with several public accounting firms specializing in real estate management. Packet Page 422 Packet Page 423
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