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City of Muskegon
City Commission Meeting
Agenda
July 11, 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
6. Public Comment on Agenda Items
7. Consent Agenda
7.a Approval of Minutes - City Clerk 1
7.b Easement for Electric Facilities at 159 McLaughlin Ave - Planning 17
7.c GARE Membership - Manager's Office 23
7.d Land Bank Lot Purchase - Development Services 31
7.e Second ARP Amendment for West Urban - Development Services 35
7.f 123.NET Metro Act Permit Extension - DPW 37
7.g Lead Service Line Replacements - DPW 50
7.h Morton Street Reconstruction - DPW 59
7.i Wilcox-Thompson Street Reconstruction - DPW 68
7.j Harbour Towne & Edgewater Lift Station Repairs Project - DPW 79
7.k Contract Award - Keating Industrial to Port City 83
7.l Olthoff Drive Extension Project Change Order - DPW 85
7.m Shoreline Drive Pilot Phase II - DPW 87
7.n Splashpad RFQ/RFP - DPW 91
7.o Lot Sale - 1690 Creston Street - Planning 104
7.p Updated EGLE Loan Resolutions for Shaw Walker and Harbor 31 - Economic 113
Development
7.q Amendment to Sale of 754 Leonard Ave - Manager's Office 117
7.r Gaming Resolution for Friends of Art - City Clerk 125
8. Public Hearings
8.a Establishment of a Commercial Redevelopment District - 420 S. Harvey Rental 127
and Storage LLC - Economic Development
8.b Request for a Commercial Facilities Exemption Certificate - 420 S. Harvey Rental 131
and Storage LLC - Economic Development
9. Unfinished Business
10. New Business
10.a Bike Path Relocation at Adelaide Pointe - Manager's Office 172
10.b District Library Board Appointment - City Clerk 182
11. Any Other Business
12. Public Comment on Non-Agenda items
13. Closed Session
14. Adjournment
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 11, 2023 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the June 12, 2023 Worksession and June 13, 2023
Regular meeting.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the 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:
City of Muskegon
Work Session
Minutes
June 12, 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
Commissioner Teresa Emory
Commissioner Michael Ramsey
Absent: Vice Mayor Willie German, Jr.
Staff Present: City Manager Jonathan Seyferth
City Clerk Ann Meisch
2023-66
1. Call to Order
Mayor Johnson called the worksession meeting to order at 5:30 p.m. on Monday, June
12, 2023.
2. New Business
2.a 3rd Quarter Budget Reforecast - Finance
At this time staff is asking for approval of the 3rd Quarter Budget Reforecast for
the FY2022-23 budget year. Some highlights from the 3rd Quarter reforecast are
as follows:
GENERAL FUND
Building Permit revenue is expected to go up significantly with the spring
construction projects. We are increasing the revenue from $810,000 to
$1,400,000. We also, had to increase the costs that we pay to Safebuilt because
they receive a percentage of revenue. The increase cost is reflected in the
Building Department’s contractual service line.
1
Income Tax revenues remain strong. We are going to keep the revenue
projection at $10,750,000. We may have to increase this amount in the 4th
Quarter. However, we did increase Penalty and Interest collections for Income
Tax from $230,000 to $290,000.
Last year, the General Fund had an $918,391.50 unrealized loss from investment
income. This year with the uncertainty of the market we budgeted for a
$450,000 unrealized loss. However, thru the 3rd Quarter the unrealized loss was
only $287,000. We are going lowering the unrealized loss for the year to
$250,000 with the hope that we actually have a gain by the end this fiscal year.
The General Fund usually transfers funds to other funds. We have made some
changes for the third quarter.
The Public Improvement fund no longer needs $50,000 from the General
Fund.
The Local Street fund no longer needs $235,000 from the General Fund.
They will get some of their funds from the Major Street fund.
The Arena needs an additional $600,000 from the General Fund due to
some one-time costs to cover some unexpected one-time costs and audit
adjustments from the previous fiscal year.
The General Fund had a lot of small revenue adjustment that our highlighted on
the worksheets.
We are 75% thru the fiscal year. The General Fund revenues exceed
expenditures by a little more than $207,000. The General Fund is on pace to
almost breakeven with the 3rd Quarter amendments. I am hopeful that we will
finish in the black this year.
ARENA FUND
The Arena Revenues are up in almost every category. Arena revenues are up
almost $200,000 from a year ago.
Despite the increase in revenue the Arena needs a total of $950,000 from the
General Fund to cover some unexpected one-time costs and audit adjustments
from the previous fiscal year.
2
PUBLIIC IMPROVEMENT FUND
The Public Improvement Fund is doing great. The original budget projected
$480,000 for the sale of our Infill Houses. So far this year, the sale of Infill
Houses exceeded $1,375,000. We expect that sales by the end of year to be
$2,700,000.
STREET FUND
The Public Works Director wants to transfer $150,000 from the Major Street
fund to the Local Street fund.
Finance Director Ken Grant presented the 3rd Quarter reforecast information,
discussion took place, and the 3rd Quarter reforecast will appear on the June 13,
2023 Regular Commission Meeting agenda for consideration.
2.b Transmittal of 2023-24 Proposed Budget - Finance
At this time staff is transmitting to the City Commission the proposed budget for
fiscal year 2023-24 which starts July 1, 2023. Both hardcopy and electronic
versions of the budget have been distributed to Commissioners. Additionally, the
budget is available for inspection on the City’s website and at the City Clerk’s
office. The proposed budget will be reviewed in detail with staff at the June 12,
2023 work session. A public hearing on the budget will be held at the regular
Commission meeting on June 13, 2023. City ordinance requires that the budget
be adopted by the Commission on or before the second Commission meeting in
June.
https://muskegon-mi.gov/proposed-budget-for-2023-2024/
City Manager Jonathan Seyferth reviewed highlights of the proposed 2023-24
Fiscal Year Budget and discussion took place. A public hearing on the proposed
budget will be held at the next regular City Commission meeting on June 13,
2023.
2.c Shoreline Drive Traffic Pilot Phase 2- Public Works
Staff is requesting guidance regarding traffic control services for the Shoreline
Drive Road Diet Pilot Phase 2, based on the previously completed study and
Commission’s previous direction.
At the worksession meeting on March 13, 2023, our consultant ProgressiveAE
presented the results of the Phase 1 Shoreline Drive Traffic Pilot. The report
3
showed the first phase of the pilot had presented mixed results, and
recommended further study in the form of a second phase that would be longer
and would occur during the summer tourism and event season.
At that worksession meeting, the Commission expressed support for the second
phase, but asked that staff return with several different options for
implementing the second phase based on a desire to balance cost and
complexity.
Staff solicited pricing for two items – the items necessary for the traffic control
setup, and a set of plantings that would encourage travelers to envision the
corridor in a less vehicle-focused state. Staff will present these costs, and
request guidance on the amount of investment supported for the second phase
of the pilot.
Discussion took place and this item will be returned to the Commission for
formal consideration at a later date.
3. Public Comment
No public comments were received.
4. Adjournment
The Work Session meeting adjourned at 7:12 p.m.
_________________________
Respectfully Submitted,
Ann Marie Meisch, MMC - City Clerk
4
City of Muskegon
City Commission Meeting
Minutes
June 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
Commissioner Michael Ramsey
Absent: Vice Mayor Willie German, Jr.
Commissioner Teresa Emory
Staff Present: City Manager Jonathan Seyferth
City Clerk Ann Meisch
City Attorney John Schrier
Deputy City Clerk Kimberly Young
1. Call To Order
Mayor Johnson called the Muskegon City Commission Meeting to order at 5:30
p.m.
2. Prayer
Pastor Bill Eutricht, First Lutheran Church, opened the meeting with a prayer.
3. Pledge of Allegiance
The Pledge of Allegiance to the Flag was recited by the Commission and the
public.
4. Roll Call
As recorded above
5. Honors, Awards, and Presentations
1
6. Public Comment on Agenda Items
No public comments were received.
7. Consent Agenda
Action No. 2023-67
Motion by: Commissioner Ramsey
Second by: Commissioner Gorman
To accept the consent agenda as presented, minus item 7e and 7j.
Ayes: (5): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair,
Commissioner Hood, and Commissioner Ramsey
Absent (2): Vice Mayor German, and Commissioner Emory
MOTION PASSES (5 to 0)
7.a Approval of Minutes - City Clerk
To approve the minutes of the May 8, 2023 Worksession and May 9, 2023
Regular Commission Meeting.
STAFF RECOMMENDATION: To approve the minutes.
7.b County HR Contract - City Manager
Staff is seeking approval of an amendment to our contract with Muskegon
County for Human Resources services. Staff has become aware that there
is a greater need for the administration of human resources services to
ensure efficient operations. This contract amendment includes a County
HR employee working full time at city offices as well as options to update
and streamline some of our HR processes. Our goal is for all staff to
become familiar with the onsite resource and direct more interaction with
that staff member to better access the services provided by the county
while reducing the need for the city’s counsel to be involved in more
routine HR situations.
AMOUNT REQUESTED: $145,000
AMOUNT BUDGETED: $145,000 in FY 23/24
FUND OR ACCOUNT: 101-269
2
STAFF RECOMMENDATION: To approve the amendment to the contract
with Muskegon County for Human Resources services and authorize the
Mayor and Clerk to sign.
7.c 3rd Quarter Budget Reforecast
At this time staff is asking for approval of the 3rd Quarter Budget
Reforecast for the FY2022-23 budget year. Staff has prepared the 3rd
Quarter Budget Reforecast memo, the highlights are as follow:
GENERAL FUND
Building Permit revenue is expected to go up significantly with the spring
construction projects. We are increasing the revenue from $810,000 to
$1,400,000. We also, had to increase the costs that we pay to Safebuilt
because they receive a percentage of revenue. The increase cost is
reflected in the Building Department’s contractual service line.
Income Tax revenues remain strong. We are going to keep the revenue
projection at $10,750,000. We may have to increase this amount in the 4th
Quarter. However, we did increase Penalty and Interest collections for
Income Tax from $230,000 to $290,000.
Last year, the General Fund had an $918,391.50 unrealized loss from
investment income. This year with the uncertainty of the market we
budgeted for a $450,000 unrealized loss. However, thru the 3 rd Quarter
the unrealized loss was only $287,000. We are going lowering the
unrealized loss for the year to $250,000 with the hope that we actually
have a gain by the end this fiscal year.
The General Fund usually transfers funds to other funds. We have made
some changes for the third quarter.
The Public Improvement fund no longer needs $50,000 from the
General Fund.
The Local Street fund no longer needs $235,000 from the General
Fund. They will get some of their funds from the Major Street fund.
The Arena needs an additional $600,000 from the General Fund
due to some one-time costs to cover some unexpected one-time
costs and audit adjustments from the previous fiscal year.
The General Fund had a lot of small revenue adjustment that our
highlighted on the worksheets.
3
We are 75% thru the fiscal year. The General Fund revenues exceed
expenditures by a little more than $207,000. The General Fund is on pace
to almost breakeven with the 3rd Quarter amendments. I am hopeful that
we will finish in the black this year.
ARENA FUND
The Arena Revenues are up in almost every category. Arena revenues
are up almost $200,000 from a year ago.
Despite the increase in revenue the Arena needs a total of $950,000 from
the General Fund to cover some unexpected one-time costs and audit
adjustments from the previous fiscal year.
PUBLIIC IMPROVEMENT FUND
The Public Improvement Fund is doing great. The original budget
projected $480,000 for the sale of our Infill Houses. So far this year, the
sale of Infill Houses exceeded $1,375,000. We expect that sales by the
end of year to be $2,700,000.
STREET FUND
The Public Works Director wants to transfer $150,000 from the Major
Street fund to the Local Street fund.
STAFF RECOMMENDATION: To approve the 3rd Quarter FY2022-23
Budget Reforecast as presented.
7.d Sanitation Fee Resolution - Finance
The FY2023-24 budget calls for the Sanitation Fee to be increased from
$3.50 per month to $4.00 per month, this resolution establishes the
Sanitation Fee for FY 2023-24. This will increase the sanitation fee to
$4.00 per month to cover the shortfall between charges and millage
collected for sanitation.
STAFF RECOMMENDATION: To adopt the Sanitation Fee Resolution for
FY 2023-24.
7.f Meeting Management Software - City Clerk
Staff is seeking commission approval to enter into an agreement with
CivicPlus for Agenda and Meeting Management Software.
STAFF RECOMMENDATION: To authorize the City Clerk to enter into an
agreement with CivicPlus for Agenda and Meeting Management.
4
7.g Purchase of DMDC Parking Lots at 387 and 401 Morris - Development
Services
The DMDC is selling the parking lots behind the Chamber of Commerce
and Russell Block/Century Club buildings and staff is requesting the City
acquire them and the environmental studies completed on them in winter
of 2023 for $524,000.
In 2022, the DMDC board approached the city about financial difficulties
and mentioned that they were interested in selling the parking lots. City
leadership expressed interest, and then DMDC decided to sell the lots to
the Community Foundation, and told staff they would remain public
parking. Some time later, the Foundation mentioned they may end up
charging for parking at this location and that they required that existing
building owners with deeded spaces to relinquish those rights. This
caused some disagreement between stakeholders, and so the city offered
to again be the buyer as we would keep the parking public and freely
available. Further, in the event we eventually achieve enough density
downtown to necessitate a public parking structure, this lot is specifically
mentioned in our parking strategy documents as an ideal site.
The DMDC and Foundation agreed to this solution, and so we are seeking
to move forward with the purchase of these lots to retain as publicly
available parking in the downtown area. The resources for this purchase
are included in the proposed fiscal 2023/24 Public Improvement Fund. If
approved, we will close on the lots and take possession after July 1, 2023.
The attached appraisal completed by a third party informed the asking
price, which is consistent with market rate in the downtown area for
improved property.
AMOUNT REQUESTED: $524,000
AMOUNT BUDGETED: $524,000 (FY23/24)
FUND OR ACCOUNT: Public Improvement Fund (445)
STAFF RECOMMENDATION: To authorize the purchase of the lots at
387 and 401 Morris as presented.
7.h BGCML Summer Camp Use Agreement - Parks & Rec
Staff is requesting the approval of an agreement with Boys & Girls Clubs
of Muskegon Lakeshore for usage of park facilities for camps in the 2023
summer season. Boys & Girls Clubs of Muskegon Lakeshore will be
hosting summer camps from June through August at 3 park locations:
5
Smith Ryerson, McGraft and Reese. This camp will be at no cost to
participants and will also include meals in partnership with Muskegon
Public Schools and Kids Food Basket. The agreement was drafted by
Parmenter Law at staff’s request.
STAFF RECOMMENDATION: To authorize staff to enter into an
agreement with Boys & Girls Club of the Muskegon Lakeshore for summer
programming in City parks.
7.i Meter Vendor Change - Public Works
Staff requests authorization to change our sole-source meter supplier
based on customer service, improving technology and supply chain
concerns.
The Water Department has used Sensus as our meter supplier since
approximately 2008, including radios that broadcast a signal capable of
being read by units in our water department trucks. Over the course of the
last year, Sensus meters (in particular, the radio portion) have become
very difficult to obtain. The latest estimates from our supplier indicate it
will be almost a year before we can obtain more units. The department
uses hundreds of meters in a year as a part of our construction projects
(like Sanford), our lead service line replacement efforts, and our regular
meter changing program, and our stock of meters has dwindled to
essentially zero.
In order to continue to be able to change meters as needed, and to take
advantage of newer technology that will allow the department to read
meters by simply pushing a button at City Hall, staff reviewed two
alternatives to the Sensus meter – Master Meter and Metron, and has
determined that Master Meter, represented locally by supplier Core &
Main, will best serve the City and our residents.
The Master Meter uses a fixed-base radio read system. Radio receives
will be installed on our water towers and other high points (such as the
cellular tower at the Water Filter Plant), and those receivers will eb able to
read the meters throughout the City in a single operation at any time,
simply by the push of a button. The meters also include new features that
will assist our residents in keeping their water bills low, such as leak
detection and temperature sensors. A web portal is used to activate these
features, and the department plans to roll out the web portal to customers
once we have begun to install them and DPW and Treasury staff have had
a chance to configure the portal to show information we believe is
beneficial for public use.
6
Another major factor in the decision was the local representation. Metron
(not selected) is based in Boulder, Colorado, and all sales and support
staff are based there. Master Meter has a very competent sales and
support team at Core & Main, a supplier with a West Michigan office that
the department uses for certain other parts and piping. We are confident
that any future issues encountered, such as supply chain issues, will be
much better communicated and more easily solved with professional help
available on site within hours rather than days.
The attached quote from Master Meter is broken down into various meter
sizes. It can be a bit difficult to read, but in summary Master Meter is
cheaper than Sensus and Metron for equivalent sizes. They also offer a
radio unit that can be retrofitted onto some of our larger commercial
meters that were recently replaced with Sensus units, so those meters will
still work with the fixed-base radio read system and be available on the
web portal for customer viewing.
Due to the variable use rate of meters throughout the year, and the need
to use the same type and manufacturer of meter to keep system parts
interchangeable and repairable, staff requests authorization to purchase
Master Meter units from Core & Main as needed within Commission-
approved budgeted amounts, as has been past practice.
STAFF RECOMMENDATION: To designate Master Meter as the City’s
preferred water meter vendor, and to authorize staff to purchase meters
as needed within Commission-approved budgeted amounts.
7.k Fireworks Display Permit for Muskegon Country Club - City Clerk
Pyrotecnico is requesting approval of a fireworks display permit for June
30, 2023 at the Muskegon Country Club, 2801 Lakeshore Drive. The fire
Marshall will inspect the fireworks on the day of the event.
STAFF RECOMMENDATION: Pyrotecnico is requesting approval of a
fireworks display permit for June 30, 2023 at the Muskegon Country Club,
2801 Lakeshore Drive. The fire Marshall will inspect the fireworks on the
day of the event.
7.l Social District Permit Recommendation - City Manager
The City Commission must recommend approval of the Michigan Liquor
Control Commission permits of participating licensed establishments in the
Downtown Muskegon Social District. : With the establishment of the
7
Downtown Muskegon Social District, participating licensed establishments
must receive a Social District permit from the Michigan Liquor Control
Commission. The MLCC must first receive a recommendation for approval
from the City Commission before granting the permits. The Hissom
Restaurant Group LLC (dba The Early Owl) has been a social district
participating licensed establishment at its Dr. Rolf’s Barbeque. The
restaurant group is now opening The Early Owl at 451 W. Western
Avenue.
STAFF RECOMMENDATION: To approve the resolution recommending
Michigan Liquor Control Commission approval of Social District permit in
the Downtown Muskegon Social District for Hissom Restaurant Group
(dba The Early Owl) and to direct the City Clerk to certify the City
Commission action with the MLCC.
7.m Sale of 301 McLaughlin Avenue - City Manager
Staff is requesting approval of a purchase agreement for 301 McLaughlin
Avenue. 301 McLaughlin Avenue was constructed through the agreement
with Dave Dusendang to construct infill housing with ARPA funding. The
offer is over the full listing price with no seller concessions. The offer also
includes costs to cover appliances.
STAFF RECOMMENDATION: To approve the purchase agreement for
301 McLaughlin Avenue.
7.n Sale of 355 McLaughlin Avenue - City Manager
Staff is requesting approval of a purchase agreement for 355 McLaughlin
Avenue. 355 McLaughlin Avenue was constructed through the agreement
with Dave Dusendang to construct infill housing with ARPA funding. The
offer is over the full listing price with no seller concessions. The offer also
includes costs to cover appliances and central air.
STAFF RECOMMENDATION: To approve the purchase agreement for
355 McLaughlin Avenue.
7.e Placement of Public Benches - City Clerk
Howell Sign Co. LLC recently purchased the agreement for the placement
of the public benches from Perma. That agreement has since expired.
Staff has been working with the new owner and is recommending approval
of a new agreement with some changes. Staff would like to reduce the
agreement from 10 years to 5 years as well as increase the cost of the
encroachment from $5 to $6 per month per bench. The old agreement
8
allowed 40 benches. Staff would like to work with the new company to find
locations that are mutually acceptable and allow the number of benches to
be at staff’s discretion.
STAFF RECOMMENDATION: To allow staff to negotiate the amount of
and placement of the benches and authorize the Clerk and Mayor to sign
the agreement.
Action No. 2023-68(e)
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To allow staff to negotiate the amount of and placement of the benches
and authorize the Clerk and Mayor to sign the agreement.
Ayes: (5): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, and Commissioner Ramsey
Absent (2): Vice Mayor German, and Commissioner Emory
MOTION PASSES (5 to 0)
7.j Sherman Reconstruction MDOT Contract - Public Works
Staff is requesting approval of the contract with MDOT for the
reconstruction of Sherman Boulevard from Seaway Drive to 700 feet east
of Barclay Drive, and approval of the resolution authorizing the Clerk and
DPW Director to sign the contract.
STAFF RECOMMENDATION: To approve of the standard MDOT contract
for the reconstruction of Sherman Boulevard and the included resolution
authorizing the Clerk and DPW Director to sign.
Action No. 2023-68(j)
Motion by: Commissioner St.Clair
Second by: Commissioner Ramsey
To approve the standard MDOT contract for the reconstruction of
Sherman Boulevard and the included resolution authorizing the Clerk and
DPW Director to sign.
9
Ayes: (5): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, and Commissioner Ramsey
Absent (2): Vice Mayor German, and Commissioner Emory
MOTION PASSES (5 to 0)
8. Public Hearings
8.a Transmittal of 2023-24 Proposed Budget - Finance
At this time staff is transmitting to the City Commission the proposed
budget for fiscal year 2023-24 which starts July 1, 2023. Both hardcopy
and electronic versions of the budget have been distributed to
Commissioners. Additionally, the budget is available for inspection on the
City’s website and at the City Clerk’s office. The proposed budget was
reviewed in detail with staff at the June 12, 2023 work session. A public
hearing on the budget is being held at the regular Commission meeting on
June 13, 2023. City ordinance requires that the budget be adopted by the
Commission on or before the second Commission meeting in June.
https://muskegon-mi.gov/proposed-budget-for-2023-2024/
STAFF RECOMMENDATION: To close the public hearing and approve
the proposed budget for fiscal year 2023-24.
Budget will be voted on at the next meeting in June.
PUBLIC HEARING COMMENCED: No public comments were received.
Action No. 2023-69
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To close the public hearing.
Ayes: (5): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, and Commissioner Ramsey
Absent (2): Vice Mayor German, and Commissioner Emory
MOTION PASSES (5 to 0)
9. Unfinished Business
10. New Business
10
11. Any Other Business
11.a Short Term Rental Regulation Update
Mayor Johnson requested an update on the review of Short Term Rental
Regulations, City Manager Jonathan Seyferth provided some information.
There will be a comprehensive update at a meeting in July.
11.b Taste of Muskegon Recognition
Commissioner St. Clair recognized Clerk Ann Meisch and all of the staff
and volunteers that worked Taste of Muskegon. The event was a great
success with record sales, perfect weather, and twenty eight food
vendors. Staff from many different departments participated and
contributed to the success of the event.
12. Public Comment on Non-Agenda items
Public comments were received.
13. Closed Session
14. Adjournment
The City Commission meeting adjourned at 6:05 p.m.
Motion by: Commissioner Ramsey
Second by: Commissioner Hood
MOTION PASSES
_________________________
Respectfully Submitted,
Ann Marie Meisch, MMC - City Clerk
11
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 11, 2023 Title: Easement for Electric
Facilities at 159 McLaughlin
Ave.
Submitted By: Hope Griffith Department: Planning Dept.
Brief Summary: Consumers Energy is seeking a thirty (30) foot wide strip of land, being fifteen (15)
feet on each side of the centerline to obtain electricity for the construction of a residential structure
at 159 McLaughlin Ave. which is a City owned parcel that is being developed.
Detailed Summary & Background:
Consumers Energy has requested an easement for utility pole(s) on each side of the centerline to
obtain electricity for the construction of a residential structure at 159 McLaughlin Ave. which is a
City owned parcel that is being developed.
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): Fund(s) or Account(s):
Recommended Motion: To grant an easement to Consumers Energy on the City’s property for 159
McLaughlin Ave. and authorize the Mayor to sign the easement documents.
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:
EASEMENT FOR ELECTRIC FACILITIES
Master Tract# ROW000916078519
SAP# 1066673159
Design# 11505647
Agreement# MI00000072154
CITY OF MUSKEGON, a Michigan municipal corporation, whose address is PO Box 536, 933 Terrace Street, Muskegon, Michigan
49443 (hereinafter “Owner”)
for $1.00 and other good and valuable consideration [exempt from real estate transfer tax pursuant to MCLA 207.505(f) and
from State real estate transfer tax pursuant to MCLA 207.526(f)] grants and warrants to
CONSUMERS ENERGY COMPANY, a Michigan corporation, One Energy Plaza, Jackson, Michigan 49201 (hereinafter “Consumers”)
a permanent easement to enter Owner’s land (hereinafter “Owner’s Land”) located in the City of Muskegon, County of Muskegon,
and State of Michigan as more particularly described in the attached Exhibit A to construct, operate, maintain, inspect (including
aerial patrol), survey, replace, reconstruct, improve, remove, relocate, change the size of, enlarge, and protect a line or lines of
electric facilities in, on, over, under, across, and through a portion of Owner's Land (hereinafter “Easement Area”) as more fully
described in the attached Exhibit B, together with any pole structures, poles, or any combination of same, wires, cables, conduits,
crossarms, braces, guys, anchors, transformers, electric control circuits and devices, location markers and signs, communication
systems, utility lines, protective apparatus and all other equipment, appurtenances, associated fixtures, and facilities, whether
above or below grade, useful or incidental to or for the operation or protection thereof, and to conduct such other activities as
may be convenient in connection therewith as determined by Consumers for the purpose of transmitting and distributing
electricity.
Additional Work Space: In addition to the Easement rights granted herein, Owner further grants to Consumers, during initial
construction and installation only, the right to temporarily use such additional work space reasonably required to construct said
lines. Said temporary work space shall abut the Easement Area, on either side, as required by construction.
Access: Consumers shall have the right to unimpaired access to said line or lines, and the right of ingress and egress on, over,
and through Owner’s Land for any and all purposes necessary, convenient, or incidental to the exercise by Consumers of the rights
granted hereunder.
Trees and Other Vegetation: Owner shall not plant any trees within the Easement Area. Consumers shall have the right from time
to time hereafter to enter Owner’s Land to trim, cut down, and otherwise remove and control any trees, brush, roots, and other
vegetation within the Easement Area. Consumers shall have the right from time to time hereafter to enter Owner’s Land to trim,
cut down, and otherwise remove and control any trees, brush, or other vegetation located outside of the Easement Area which
are of such a height or are of such a species whose mature height that in falling directly to the ground could come into contact
with or land directly above Consumers’ facilities.
Buildings/Structures: Owner agrees not to build, create, construct, or permit to be built, created, or constructed, any obstruction,
building, septic system, drain field, fuel tank, pond, swimming pool, lake, pit, well, foundation, engineering works, installation or
any other type of structure over, under, or on said Easement Area, whether temporary or permanent, natural or man-made, without
a prior written agreement executed by Consumers’ Real Estate Department expressly allowing the aforementioned.
ESMT/ELEC/TM5-003 – 3/2021 Page 1 of 4
RFM – 1/27/2020
10/29/2021
Ground Elevation: Owner shall not materially alter the ground elevation within the Easement Area without a prior written
agreement executed by Consumers Real Estate Department allowing said alteration.
Exercise of Easement: Consumers’ nonuse or limited use of this Easement shall not preclude Consumers’ later use of this
Easement to its full extent.
Ownership: Owner covenants with Consumers that they are the lawful fee simple owner of the aforesaid lands, and that they have
the right and authority to make this grant, and that they will forever warrant and defend the title thereto against all claims
whatsoever.
Successors: This Easement shall bind and benefit Owner’s and Consumers’ respective heirs, successors, lessees, licensees, and
assigns.
Counterparts: This Easement may be executed simultaneously in two or more counterparts, each of which shall be deemed an
original and all of which together shall constitute one and the same instrument. It is not necessary that all parties execute any
single counterpart if each party executes at least one counterpart.
Date: Owner: CITY OF MUSKEGON, a Michigan municipal
corporation
Signature
By:
Print name
Its:
Print title
Acknowledgment
The foregoing instrument was acknowledged before me in County, ,
on by , of City of Muskegon, a
Date Name Title
Michigan municipal corporation, on behalf of the corporation.
Notary Public
Print Name
County,
Acting in County
My Commission expires:
PROPERTY OWNERS MAIL REGISTER OF DEEDS OFFICE USE
SIGNED EASEMENT TO: ONLY
Brian Moore Prepared By: Return recorded instrument to:
Consumers Energy Company Rebecca Hyatt 6/15/23 EP7-464 Carrie J. Main, EP7-464
700 East Sternberg Rd Consumers Energy Company Consumers Energy Company
Muskegon, MI 49441 One Energy Plaza One Energy Plaza
Jackson, MI 49201 Jackson, MI 49201
ESMT/ELEC/TM5-003 3/2021 Page 2 of 4
RFM – 1/27/2020
10/29/2021
EXHIBIT A
Owner’s Land
Land situated in the City of Muskegon, County of Muskegon, State of Michigan:
The West 74.00 feet of Lot 1, Block 266, City of Muskegon Revised Plat of 1903, being part of the Northwest 1/4 of Section 29,
Town 10 North, Range 16 West, according to the recorded plat thereof, Muskegon County Records.
Also known as: 159 McLaughlin Avenue, Muskegon, Michigan 49442
Parcel ID: 61-24-205-266-0001-00
AND
Lot 1, Block 266, City of Muskegon Revised Plat of 1903, being part of the Northwest 1/4 of Section 29, Town 10 North, Range
16 West, except the West 74.00 feet thereof, according to the recorded plat thereof, Muskegon County Records.
Also known as: 169 McLaughlin Avenue, Muskegon, Michigan 49442
Parcel ID: 61-24-205-266-0001-10
ESMT/ELEC/TM5-003 3/2021 Page 3 of 4
RFM – 1/27/2020
10/29/2021
EXHIBIT B
Easement Area
A 30.00-foot-wide strip of land, being 15.00 feet on each side of the centerline of the line constructed on Owner's Land, the
centerline to be located approximately as shown in the attached drawing.
ESMT/ELEC/TM5-003 3/2021 Page 4 of 4
RFM – 1/27/2020
10/29/2021
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 11, 2023 Title: GARE Membership
Submitted By: LeighAnn Mikesell Department: Manager’s Office
Brief Summary: Staff is seeking approval to formally apply for membership with the Government
Alliance on Race & Equity.
Detailed Summary & Background: Staff had participated with Ottawa County where we began work
with the GARE framework. Staff is committed to achieving racial equity through improvements to
our policies, practices, and procedures. We have re-established the Core Team and expect to
complete an audit of our current practices. It is important to us to formally join the GARE
community and benefit from the resources they provide.
Our membership comes with expectations that we will share our experiences, insights, challenges,
and successes with other GARE members. We are encouraged to share our affiliation with GARE
across our networks, media assets, and the public and to follow GARE’s social media policy.
Staff propose joining as Core members which means our entire city government is included, and
every employee has access to the resources. Based on our number of employees, annual dues
are $1,000.
Goal/Focus Area/Action Item Addressed: More integrated community
Amount Requested: $1,000 Budgeted Item:
Yes No
Fund(s) or Account(s): 101-172 Budget Amendment Needed:
Yes No
Recommended Motion: To approve formal application to join the Government Alliance on Race &
Equity.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
GARE MEMBERSHIP GUIDEBOOK
Spring 2023
Welcome to the GARE Network!
You have joined us at an exciting time. We have just completed our program re-design in late 2022 thanks to the input, insights, and
perspectives of more than 750 racial equity practitioners and are now moving into implementation! We heard our network wants to
build and deepen peer-to-peer connections through differentiated engagement opportunities, as well as new tools and resources,
and upgraded systems and network infrastructure, and we have welcomed new staff members to help steward how we, as a
network, live into this broader vision. We’re so glad you’re with us!
This Guidebook is meant to help you navigate the network, programs, and resources available to you as a member of GARE. If you
are not able to find the resources or information that you need in this Guidebook, please reach out to us at gare@raceforward.org.
___________________________________________________________________________________________________________
TABLE OF CONTENTS
1. Context for GARE Redesign
2. Connecting with GARE Staff & Info
3. Current Program Offerings
4. Access to the Network, Portal & Resources
5. Contracts, Learning Communities & Trainings
6. Steering Committee
7. Membership Renewals
___________________________________________________________________________________________________________
1
1. CONTEXT FOR THE GARE REDESIGN
The GARE Network has expanded significantly since membership began with 12 jurisdictions in 2014. We are grateful that, today,
over 467 jurisdictions are members of the GARE network. The programmatic partnerships, depth and frequency of program offerings
and capacity-building support GARE offers has expanded well beyond what we offered during our formative years. The public
demand for racial justice and the work of GARE members to achieve racial equity results are fueling the growth of GARE. We
anticipate that public demand for racial equity in government will continue – and we expect that GARE will continue to play a
leadership role in the movement for racial justice.
Our movement for racial equity in government has grown and become more influential than we could have imagined, even leading
to a federal Executive Order shaped by the GARE model. And with growth comes change. In order to fully support this vibrant
community and harness emerging opportunities (as well as meet the growing challenges), we’ve needed to look ahead. As members,
you have generously shared ideas, reflections, and your view of the best path forward. After engaging almost 800 members of this
community, we can confidently say, we have listened. In response to your input, we are doubling staff and reshaping our priorities to
meet yours.
___________________________________________________________________________________________________________
2. CONNECTING WITH GARE STAFF & INFO
Informational Sessions
GARE Informational Sessions are for anyone who is interested in learning more about GARE. We explore GARE's approach, provide
information about how cities, counties and other government agencies can join, and provide an overview of our online community -
the GARE Network Portal. We encourage new and new-to-GARE employees of GARE member jurisdictions to attend, as well as non-
GARE members, whether that is government staff who are curious to learn more, elected officials, or community residents.
Register in advance for this meeting by clicking here. After registering, you will receive a confirmation email containing information
about joining the meeting.
Materials from these sessions are available here!
Newsletter
2
● The best way to stay up-to-date about new and current program offerings is to subscribe to our *new* in-network
practitioners monthly newsletter and turn your daily digest alerts on from the GARE Network Member Portal where we will
continue to share updates and reminders of network engagement opportunities.
___________________________________________________________________________________________________________
3. CURRENT PROGRAM CONNECTION AND OFFERINGS
Our team will spend the majority of 2023 launching newly designed monthly and quarterly online programming that encourages
peer-to-peer connection, learning and exchange, as well as different large-scale convenings. Our first large scale in-person event is
Governing for All: California, A GARE Statewide Convening (June 2023), a leadership summit (August/September 2023), and
Governing for All: A GARE National Convening (late fall 2023). More information is forthcoming!
Employees of GARE member jurisdictions are also invited to join us for monthly programming in addition to other Rapid Response
offerings that will be added, as needed. To find out the topic for each program or learn about new offerings, stay tuned to the
Events page on the GARE Portal. If your jurisdiction or team has a program, tool, strategy or plan that you would like to present at a
Membership programming session, please email us at gare@raceforward.org.
● GARE Conversations with…
o What: An opportunity to support member jurisdictions in building community and connection as well as providing
space for peer learning, leadership development, organizing and collective action, these programs will help to deepen
member awareness of the GARE Approach of visualizing, Normalizing, organizing and Operationalizing (VNOO) as well
as serve as a space for members and partners to spotlight the next generation of innovative and differentiated
approaches that practitioners and government writ large will use to create a just, multiracial democracy.
o When: Programs will be 75-minutes in length, taking place the 2nd Wednesday of every month from 2pm – 3:15pm
ET.
● GARE Presents…
o What: Directly connected to the “GARE Conversations with…” programming, these sessions aim to strengthen the
membership's ability to access and implement elements of the GARE approach, to expose members to the newly
developed tools and provide a space for peer-to-peer exchanges that lead to potential replication opportunities.
o When: Programs are 90-minute in length taking place the first Thursday of March, June, September and December
from 2pm – 3pm ET.
3
● Rapid Response
o What: Programs and problem-solving sessions focused on high interest or emerging topics.
o When: As needed, stay tuned to the GARE Member Portal for updates.
-> HOW TO ATTEND: All of these events are hosted through Zoom and the registration information is found by signing into your
Portal profile and clicking on the respective event under the Upcoming Events page here. It will include a link for the Zoom info;
after registering, you will receive an email with a link.
-> CAN’T ATTEND? Recordings are available in the folder labeled GARE Program Recordings & Presentations here on the GARE
Member Portal.
*Please note: Regional Connections, field of practice Working Groups (except for Arts & Culture, Racial Equity CEOs & Libraries),
GARE Foundations and Book Club are on pause as our redesign will inform their future.
___________________________________________________________________________________________________________
4. ACCESS TO THE NETWORK, PORTAL & RESOURCES
The GARE Network Portal is a great way to connect with thousands of colleagues from around the country who are working to
advance racial equity in government. On the portal, you will find hundreds of recordings of past programs, tools, templates, job
descriptions, resources, presentations and much more! Many recordings and resources can be found in the General Member Group
Library.
The GARE Network Portal is designed for racial equity changemakers actively leading and implementing racial equity work within
government. It is not recommended that jurisdictions share access to the GARE Network Portal with all employees within their
jurisdictions, but rather that they share it with those actively engaged in racial equity work in their government roles. This includes
those actively participating on racial equity core or departmental teams and those developing or implementing racial equity tools.
Make sure that you are signed up to receive communications from GARE by updating your communication preferences in your
profile on the GARE Network Portal.
Navigate to the Email Preferences page in your profile
Navigate to the Group Notifications page in your profile
4
GARE Network Portal
● Register for a Profile: The portal is for employees of current GARE member jurisdictions. To register, complete the form here
at this link. Be sure to select the GARE member jurisdiction or agency that you work for from the drop-down menu. Users
must register with a government email address that has been identified as an authorized email domain for their jurisdiction.
You will be emailed a link to confirm your request. After you confirm your request, it will be approved by GARE staff within 2-
3 business days, at which point you will receive an approval notification.
● Access Issues / Forgot Password: Please follow these steps - Visit here --> navigate to “can’t access your account?” --> enter
your email address --> check your email and change your password from the automated email sent to you by the Portal. Tips:
use Chrome browser, check your spam, and/or ask your IT department to allow all messages from connectedcommunity.org
to prevent future communications from being marked as “junk”.
● Portal Overviews: Check out videos and other GARE Network Portal orientation materials here. A video showing how to
create an account on the GARE Network Portal is available here [3 min]. A brief video overview of the site is available here [4
min]. For a more comprehensive orientation (including updating your profile, using the member directory, searching our
libraries, posting in discussion spaces, accessing events, and more), please click here [30 min]. Additionally, feel free to
review this document: Getting Started with the GARE Portal. These resources are also available here in the GARE Portal
Resource Library.
● For further assistance or to access invitation-only groups, such as the Racial Equity CEOs Working Group or the Steering
Committee, please use the contact us form on the portal.
Resources & Tools
● Check out the GARE Resources List for some links to frequently used resources related to our theory of change, the GARE
approach, manuals, key webinars, podcast/reading suggestions, and more.
5
___________________________________________________________________________________________________________
5. CONTRACTS, LEARNING COMMUNITIES & TRAININGS
Current/Existing Contracts
All current contracts are being managed on an individual basis dependent on the jurisdiction’s needs and GARE’s availability.
Potential Future Collaborations
If you are interested in a more customized training opportunity for employees of your city, county, regional, or state agency, we
invite you to fill out our intake form. Our Race Forward Training Strategies Team will follow up on those inquiries in a timely
manner, and connect you with a team of trainers and affiliate trainers who can deliver content that is specifically tailored to
government agencies using the GARE approach.
Jurisdiction-Specific Trainings
Find more information about jurisdiction-specific training, please visit the link here. If you are interested in bringing these trainings
to your jurisdiction, please fill out our intake form. Once you’ve filled out the intake form, a member of the Training Strategies team
will reach out to do an intake call to learn more about your needs.
We will also offer an “open to the public” version of our foundational training for government institutions called “Governing for
Racial Equity.” This workshop, made for advocates working in government, provides an introduction to the role, responsibilities, and
opportunities for government to advance racial equity. We focus on normalizing racial equity as a core value with clear definitions of
key terminology, operationalizing racial equity via new policies and institutional practice, and organizing, both internally and in
partnership with the community. The next training is July 25th. Register here! Other racial justice training can be found here. Please
remember that these trainings receive a 10% discount with your GARE membership!
GARE Employee Survey
For those who are already in the queue or have a contract in place for the racial equity employee survey, please continue to work
with Dr. Raintry Salk directly. If you have other questions about our survey, please contact gare@raceforward.org.
6
___________________________________________________________________________________________________________
6. STEERING COMMITTEE
The GARE Membership Network is organized via a Steering Committee, which endeavors to include representatives from each GARE
region.
The Steering Committee is accountable to the GARE membership to:
● Provide input to GARE staff on a biennial work plan, including an approach for tracking progress towards achieving racial
equity results;
● Review and approving steering committee procedures, structural adjustments, and changes to the membership agreement;
● Authorize and provide input on the design of member surveys, co-sponsor member surveys (administered by GARE staff),
and approve member communications to create and promote member standards of accountability;
● Provide input to Race Forward on strategy to ensure the sustainability and effectiveness of the GARE Network.
In the Spring of 2021, the Steering Committee began a process of receiving nominations for regional representatives who serve 2-
year terms that began in September, 2021. An overview of the role of the Steering Committee from February, 2021 is available here
in the Resource Library, along with a roster of current members. You must log into the GARE Network Portal to view these
documents. For additional information, please contact gare@raceforward.org.
__________________________________________________________________________________________________________
7. MEMBERSHIP RENEWALS
GARE Membership Renewals will still be operating with annual membership dues being prompted and owed based on your
jurisdiction’s membership cycle. When prompted for a renewal, our team will send an electronic form to confirm your intent to
renew and to verify contact/billing information from your jurisdiction. If you have any questions regarding billing, your membership
status, or specific documentation needs, please contact gare@raceforward.org with the subject line “GARE Membership Status
Inquiry.”
We require consent to continued membership through the electronic form in order to generate an invoice for your jurisdiction.
Prompt completion of that form will speed the process considerably. If you require an expedited invoice in advance of an upcoming
close of fiscal year, please give GARE notice of at least three weeks.
7
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 11, 2023 Title: Land Bank Lot Purchase
Submitted By: Jake Eckholm Department: Development Services
Brief Summary: Staff is seeking approval to purchase 10 additional residential lots from the
Muskegon County Landbank to add to our existing infill housing programs.
Detailed Summary & Background: Staff has been working diligently to get more builders and
investors involved in infilling housing for the community in light of the staggering data in our 5 Year
Housing Needs Assessment. This has been successful and we are seeing an uptick in lot sales
both from our inventory as well as the Land Bank’s intended for new construction. We are still
working out some issues with the lots intended for the PILOT program with West Urban, and found
these lots owned by MCLB are proximal to many of our other builds and future build sites. We
would like to get them under site control in order to continue that infill program and ensure we have
adequate lots to complete the project successfully.
Additionally, there is a higher charge for these lots in particular than we would typically see from
the MCLB due to the fact we intend to add them to a PILOT agreement, which will cost them
money on the back end.
Goal/Focus Area/Action Item Addressed: Housing for all, Complete Active Economic Development
Projects
Amount Requested: $35,000 Budgeted Item:
Yes No
Fund(s) or Account(s): Public Improvement Budget Amendment Needed:
Fund, 23/24 Budgeted Property Acquisitions Yes No
Recommended Motion: To approve application to Muskegon County Land Bank for purchase of 10
lots as presented for $35,000, and to authorize closing.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 11, 2023 Title: Second ARP Amendment for West
Urban
Submitted By: Jake Eckholm Department: Development Services
Brief Summary: Staff is seeking approval to add 1 lot at 1077 Sophia to the ARP Agreement for
West Urban to construct 3 homes.
Detailed Summary & Background: In an effort to construct more affordable product and keep our
target AMI statistics on track with the buyer pool, we have worked with West Urban to design some
housing product that can be built and marketed at lower price points. The lot we are requesting is
perfectly shaped to add three smaller units that can be sold for lower costs, making them
attainable for low/mod income potential buyers in this interest rate environment.
This item does not change the total number of homes we have contracted for the ARP infill
housing program, simply where three of them will be located. At the end of the program, we may
have lots left over on the exhibit, in which case we will simply terminate the remaining lots from the
agreement to free them up for other infill housing programs in the future.
Goal/Focus Area/Action Item Addressed: Housing for all, Complete Active Economic Development
Projects
Amount Requested: N/A Budgeted Item:
Yes No
Fund(s) or Account(s): Budget Amendment Needed:
Yes No
Recommended Motion: To approve the Second Amendment to the West Urban Infill Housing
Residential Construction Agreement as presented and to authorize the Mayor and Clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 11, 2023 Title: 123.NET Metro Act Permit Extension
Submitted By: Todd Myers Department: DPW
Brief Summary: 123.NET requests approval of an amendment to their existing Metro Act permit to
access and use the public right-of-way within the city for telecommunications purposes.
Detailed Summary & Background:
123.Net currently holds a Metro Act permit with the City of Muskegon. That agreement is set to
expire on 02/10/2025. 123.Net desires to extend the term of the permit 5 years to 03/27/2028.
Several telecommunications companies hold these permits in order to provide services to City
residents and businesses. The permit includes restrictions on how and where the lines and other
equipment can be installed.
Goal/Focus Area/Action Item Addressed: Foster strong ties among government & community agencies
Amount Requested: N/A Budgeted Item: Yes ☐ No ☐
Fund(s) or Account(s): N/A Budgeted Amendment Needed: Yes ☐ No ☐
Recommended Motion:
I move approval of the included Metro Act Permit Extension requested by 123.NET and authorize
the DPW Director to sign.
Approvals: Legal Review ☒ Guest(s) Invited / Presenting
Immediate Division Head ☒ Information Technology ☐ Yes ☐
Other Division Heads ☐ Communication ☐ No ☒
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 11, 2023 Title: Lead Service Line Replacements
Submitted By: Dan VanderHeide Department: DPW
Brief Summary:
Authorize the award of the 2024 Lead Service Line Replacement Contract to SWT Excavating, and
authorize the clerk to sign the attached resolution.
Detailed Summary & Background:
Our engineering consultant Prein & Newhof solicited bids for lead service line replacements. This
project was introduced to the Commission at the October 25, 2022 regular meeting when the
engineering work was awarded. It was also included in our DWRF and CWSRF Project Plans in June
of 2021. The original locations proposed are Apple Avenue (in advance of MDOT’s 2026
reconstruction of that street) and the East Campbell Field area.
The low bidder, SWT Excavating, is currently performing a similar project for the City of Muskegon
Heights, also overseen by Prein & Newhof. Their lowest bid of $3,462,145.86 is below the engineer’s
estimate. Staff recommends award to Kamminga & Roodvoets on the basis of Prein & Newhof’s
experience with them on their project in Muskegon Heights, and the similarity between the projects.
SWT’s bid was well below the engineer’s estimate. Prein & Newhof worked with the state to identify
additional lead service lines that could be added to the contract if the bids came in favorably. This
way we do not let available principal forgiveness go back to the state. So, staff is simultaneously
requesting approval of a change order of $1,005,642 to SWT’s bid to increase the contract cost to
$4,467,787.86 which will allow us to take advantage of the full amount of bonding and principal
forgiveness being offered to us through the state and replace 120 more lead service lines in the
Oakview neighborhood.
This project is financed through the sale of bonds in partnership with the State of Michigan Clean
Water State Revolving Fund. The State program offers grants and principal forgiveness for portions
of the project. We anticipate that when bonds are sold later this summer, we will be offered grants
and forgiveness worth 75% of the project cost. For this project that is estimated at $3,350,840.90 of
aid. The remainder of the project will be financed over 20 years with a 1.875% interest rate.
The portion of the project that will be financed will be added to the water debt fee. Staff estimates that
when fully in effect in FY25, the sewer debt fee associated with this project will be $0.34 per month on
a standard residential bill.
Goal/Focus Area/Action Item Addressed:
Item 2022-4.2 “Take advantage of external revenue sources,” and Key Focus Areas “Decrease
infrastructure burden on residents” and “Sustainability in financial practices and infrastructure.”
Amount Requested: $4,467,787.86 (Total)
Budgeted Item: Yes ☒ No ☐
$1,116,946.96 (Bonded)
Fund(s) or Account(s): Sewer (590) Budgeted Amendment Needed: Yes ☐ No ☒
Recommended Motion:
I move to approve award of the 2024 Lead Service Line Replacement Contract to SWT
Excavating, contingent upon successful financial arrangements with the CWSRF program, and
authorize the Clerk to sign the included resolution.
Approvals: Legal Review ☐ Guest(s) Invited / Presenting
Immediate Division Head ☒ Information Technology ☐ Yes ☐
Other Division Heads ☒ Communication ☐ No ☒
June 23, 2023
2230252
Mr. Dan Vander Heide, P.E.
City of Muskegon
Department of Public Works
1350 Keating Avenue
Muskegon, MI 49442
RE: SRF/DWRF FY 2023
Lead Service Line Replacements
Dear Mr. Vander Heide:
On Thursday, June 22nd, the City received four bids for the referenced project. The bids ranged
from $3,462,145.86 and $4,944,750.00. SWT Excavating of Galesburg, MI submitted the lowest bid
at $3,462,145.86. A tabulation of the bids is enclosed for reference.
This project is being financed through the State Drinking Water State Revolving Fund (DWSRF). In
order to maximize the available grant money and financing we discussed adding more services to the
contract with SWT. They are in agreement to extend unit pricing to include an additional 120
services in the Oak Grove Neighborhood. This adds $1,005,642.00 to the contract for a total contract
cost of $4,467,787.86.
We discussed the project with SWT Excavating. They indicated a good understanding of the
project’s critical elements. Schedule has not been determined yet but they indicated they will meet
the milestone schedule to complete work on Apple Avenue prior to MDOT’s upcoming project.
SWT Excavating has successfully completed projects of similar size and scope with Prein&Newhof
and the and communities surrounding Muskegon in the past.
If you have any questions, please do not hesitate to ask.
Sincerely,
Prein&Newhof
Matthew R. Hulst, P.E.
Enclosures: Bid Tabulation Summary
Pre-Award Change Order
4910 Stariha Drive Muskegon, MI 49441 t. 231-798-0101 f. 231-798-0337 www.preinnewhof.com
Bid Tabulation Summary
Bid Date: Bid Time (Local):
22-Jun-23 2:00 PM
Owner:
City of Muskegon
Project Title:
Lead Service Line Replacements
Project #:
2230252
Number Contractor Name Bid Amount
SWT Excavating
1st $3,462,145.86
8936 E K Ave, Galesburg, MI 49053
McCormick Sand
2nd $3,769,500.00 0
5430 Russell Rd, Twin Lake, MI 49457
Wadel Stabilization
3rd $4,778,650.00 0
2500 N Oceana Drive, Hart, MI 49420
Gustafson HDD
4th $4,944,750.00 0
2299 Holton Whitehall Rd, Whitehall, MI 49461
3355 Evergreen Dr. NE Grand Rapids, MI 49525 t. 616-364-8491 f. 616-364-6955 www.preinnewhof.com
page 1 of 3 \\grfileserver\shared\2023\2230252 City of Muskegon\CDS\bid tab 2023-06-22 LSLR.xlsx
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: 1st 2nd 3rd 4th
City of Muskegon
Project Title: SWT Excavating McCormick Sand Wadel Stabilization Gustafson HDD
Lead Service Line Replacements 8936 E K Ave 5430 Russell Rd 2500 N Oceana Drive 2299 Holton Whitehall Rd
Bid Date & Time: Project #: Galesburg, MI 49053 Twin Lake, MI 49457 Hart, MI 49420 Whitehall, MI 49461
June 22, 2023, at 2:00 P.M. 2230252
Item No. Description Quantity Unit Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount
1 Mobilization, Max (10%) 1 Lsum $200,000.00 $200,000.00 $376,900.00 $376,900.00 $470,000.00 $470,000.00 $450,000.00 $450,000.00
2 Project Sign 1 Lsum $2,500.00 $2,500.00 $2,750.00 $2,750.00 $2,300.00 $2,300.00 $5,000.00 $5,000.00
3 Traffic Control, Max $12,000, Clay Hill 1 Lsum $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00
4 Traffic Control, Max $30,000 Apple Avenue 1 Lsum $21,560.40 $21,560.40 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00
5 Curb and Gutter, Remove and Replace 3,500 Ft $50.06 $175,210.00 $45.00 $157,500.00 $1.00 $3,500.00 $18.00 $63,000.00
6 Driveway, Remove and Replace 700 Syd $75.00 $52,500.00 $89.00 $62,300.00 $1.00 $700.00 $100.00 $70,000.00
7 Sidewalk, Conc, 4 inch, Remove and Replace 23,500 Sft $12.46 $292,810.00 $12.00 $282,000.00 $0.01 $235.00 $10.00 $235,000.00
8 Sidewalk, Conc, 6 inch, Remove and Replace 4,000 Sft $17.47 $69,880.00 $13.00 $52,000.00 $1.00 $4,000.00 $15.00 $60,000.00
9 Road Patch, Complete, Local 137 Ea $955.50 $130,903.50 $1,500.00 $205,500.00 $1,000.00 $137,000.00 $1,000.00 $137,000.00
10 Road Patch, Complete, Apple Avenue 106 Ea $1,177.66 $124,831.96 $1,900.00 $201,400.00 $1,100.00 $116,600.00 $1,500.00 $159,000.00
11 Restoration 524 Ea $275.00 $144,100.00 $225.00 $117,900.00 $515.00 $269,860.00 $300.00 $157,200.00
12 Water Service, Corporation Stop, 1 inch 243 Ea $975.00 $236,925.00 $975.00 $236,925.00 $600.00 $145,800.00 $500.00 $121,500.00
13 Water Service, Curb Stop and Box, 1 inch 243 Ea $975.00 $236,925.00 $875.00 $212,625.00 $800.00 $194,400.00 $750.00 $182,250.00
14 Water Service, Corporation Stop, 2 inch 6 Ea $1,725.00 $10,350.00 $1,600.00 $9,600.00 $1,400.00 $8,400.00 $1,750.00 $10,500.00
15 Water Service, Curb Stop and Box, 2 inch 6 Ea $1,800.00 $10,800.00 $1,300.00 $7,800.00 $1,400.00 $8,400.00 $2,000.00 $12,000.00
16 Water Service, 1 inch, Public Side 8,000 Ft $29.50 $236,000.00 $33.00 $264,000.00 $83.15 $665,200.00 $90.00 $720,000.00
page 2 of 3 \\grfileserver\shared\2023\2230252 City of Muskegon\CDS\bid tab 2023-06-22 LSLR.xlsx
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: 1st 2nd 3rd 4th
City of Muskegon
Project Title: SWT Excavating McCormick Sand Wadel Stabilization Gustafson HDD
Lead Service Line Replacements 8936 E K Ave 5430 Russell Rd 2500 N Oceana Drive 2299 Holton Whitehall Rd
Bid Date & Time: Project #: Galesburg, MI 49053 Twin Lake, MI 49457 Hart, MI 49420 Whitehall, MI 49461
June 22, 2023, at 2:00 P.M. 2230252
Item No. Description Quantity Unit Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount
17 Water Service, 1 inch, Private Side 22,000 Ft $22.50 $495,000.00 $27.00 $594,000.00 $83.15 $1,829,300.00 $73.00 $1,606,000.00
18 Water Service, 2 inch, Public Side 300 Ft $45.00 $13,500.00 $48.00 $14,400.00 $83.15 $24,945.00 $120.00 $36,000.00
19 Water Service, 2 inch, Private Side 3,400 Ft $31.25 $106,250.00 $35.00 $119,000.00 $83.15 $282,710.00 $90.00 $306,000.00
20 Water Service, Meter Pit 108 Ea $1,000.00 $108,000.00 $1,200.00 $129,600.00 $100.00 $10,800.00 $2,200.00 $237,600.00
21 Connect to Existing 524 Ea $1,150.00 $602,600.00 $950.00 $497,800.00 $750.00 $393,000.00 $300.00 $157,200.00
22 Field Verify 67 Ea $500.00 $33,500.00 $500.00 $33,500.00 $500.00 $33,500.00 $500.00 $33,500.00
23 Plumbing Allowance 100,000 Dlr $1.00 $100,000.00 $1.00 $100,000.00 $1.00 $100,000.00 $1.00 $100,000.00
24 Irrigation Repair Allowance 20,000 Dlr $1.00 $20,000.00 $1.00 $20,000.00 $1.00 $20,000.00 $1.00 $20,000.00
25 Water Filter 400 Ea $65.00 $26,000.00 $75.00 $30,000.00 $40.00 $16,000.00 $60.00 $24,000.00
Total Bid $3,462,145.86 $3,769,500.00 $4,778,650.00 $4,944,750.00
page 3 of 3 \\grfileserver\shared\2023\2230252 City of Muskegon\CDS\bid tab 2023-06-22 LSLR.xlsx
Project Engineer
June 29, 2023
A RESOLUTION TO TENTATIVELY
AWARD A CONSTRUCTION CONTRACT
FOR WATER SYSTEM IMPROVEMENTS
2023-XX
WHEREAS, the City of Muskegon wishes to construct improvements to its existing water treatment and
distribution system; and
WHEREAS, the water system improvements project formally adopted on June 22, 2021 will be funded
through the state of Michigan's Drinking Water State Revolving Loan Fund (DWSRF) program; and
WHEREAS, the City of Muskegon has sought and received construction bids for the Lead Service Line
Replacements Project and has received a low bid in the amount of $3,462,145.86 from SWT Excavating of
Galesburg, MI, and subsequently agreed to a pre-award change order for additional lead service line
replacements which modifies the total contract price to the amount of $4,467,787.86; and
WHEREAS, the City of Muskegon's project engineer, Prein&Newhof, has recommended awarding the
contract to the low bidder.
NOW THEREFORE BE IT RESOLVED, that the City of Muskegon tentatively awards the contract
for construction of the proposed water system project to SWT Excavators of Galesburg, MI, contingent
upon successful financial arrangements with the DWSRF Program.
Yeas:
Nays:
Abstain:
Absent:
I certify that the above Resolution was adopted by the City Commission of the City of Muskegon on July
11, 2023.
BY: Ann Meisch, City Clerk
_________________________________________________
Signature Date
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 11, 2023 Title: Morton Street Reconstruction
Submitted By: Dan VanderHeide Department: DPW
Brief Summary: Authorize the award of the Morton Street Reconstruction Contract to the low
bidder, Jackson-Merkey, and authorize the clerk to sign the attached resolution.
Detailed Summary & Background: Our engineering consultant Prein & Newhof solicited bids for sewer
replacement, water main replacement, lead service line replacement and street reconstruction in
Morton Street from Lincoln to Denmark. This project was introduced to the Commission at the
October 25, 2022 regular meeting when the engineering work was awarded. It was also included in
our DWRF and CWSRF Project Plans in June of 2021.
The low bidder, Jackson-Merkey, has performed similar projects for the City, including the Terrace
Street project. Their low bid of $1,732,668.75 is below the engineer’s estimate and about $275,000
below the second lowest bid. The City has had mixed results with Jackson-Merkey. The second half
of the Terrace Street project was better managed than previous projects, and due to program
requirements the City would be responsible to pay for the “extra” $275,000 if we were to award to the
second lowest bidder. For these reasons, staff cautiously recommends award to Jackson-Merkey.
This project is financed through the sale of bonds in partnership with the State of Michigan Clean
Water and Drinking Water Revolving Funds. The State of Michigan programs offer grants and
principal forgiveness for portions of the project. We anticipate that when bonds are sold later this
summer, we will be offered grants and forgiveness worth 75% of the water system cost and 50% of
the sewer system cost. For this project that is estimated at a combined $1,128,660.42 of aid. The
remainder of the project will be financed with a 1.875% interest rate.
The portion of the project that will be financed will be added to the water and sewer debt fees. Staff
estimates that when fully in effect in FY25, the combined debt fees associated with this project will be
$0.17 per month on a standard residential bill.
Goal/Focus Area/Action Item Addressed:
Item 2022-4.2 “Take advantage of external revenue sources,” and Key Focus Areas “Decrease
infrastructure burden on residents” and “Sustainability in financial practices and infrastructure.”
Amount Requested: $1,732,668.75 (Total)
Budgeted Item: Yes ☒ No ☐
$ 604,008.33 (Bonded)
Fund(s) or Account(s):
Budgeted Amendment Needed: Yes ☐ No ☒
Water (591), Sewer (590) & Local Streets (203)
Recommended Motion: I move to approve award of the Morton Street Reconstruction Project to
Jackson-Merkey, contingent upon successful financial arrangements with the CWSRF and DWRF
programs, and authorize the Clerk to sign the included resolution.
Approvals: Legal Review ☐ Guest(s) Invited / Presenting
Immediate Division Head ☒ Information Technology ☒ Yes ☐
Other Division Heads ☒ Communication ☐ No ☒
June 29, 2023
2221072
Mr. Dan Vander Heide, P.E.
City of Muskegon
Department of Public Works
1350 Keating Avenue
Muskegon, MI 49442
RE: SRF/DWRF FY 2023
Wastewater and Water System Improvements – Morton Avenue
Dear Mr. Vander Heide:
On Tuesday, June 27th, the City received three bids for the referenced project. The bids ranged from
$1,732,668.75 to $2,056,114.80. Jackson-Merkey Contractors of Muskegon, MI submitted the
lowest bid at $1,732,668.75. A tabulation of the bids is enclosed for reference.
This project is being financed through both the Clean Water State Revolving Fund (CWSRF) and the
Drinking Water State Revolving Fund (DWSRF) with the city funding certain ineligible costs. Due
to the overlap of the various scopes of work, the State has required an Alternative Justifiable
Expenditures calculation to be completed to determine the financing share for each program, this
breakdown is as follows:
CWSRF Eligible $603,315.26
DWSRF Eligible $1,102,670.39
Ineligible $26,683.10
We discussed the project with Jackson-Merkey. They indicated a good understanding of the
project’s critical elements such as phasing, schedule, and criticality of the infrastructure being
worked on. They did not express any concerns with completing the project successfully and on time.
Jackson-Merkey has successfully completed projects of similar size and scope with Prein&Newhof
and the City of Muskegon in the past.
If you have any questions, please do not hesitate to ask.
Sincerely,
Prein&Newhof
Barbara Marczak, P.E.
Enclosures: Bid Tabulation Sheets
4910 Stariha Drive Muskegon, MI 49441 t. 231-798-0101 f. 231-798-0337 www.preinnewhof.com
Bid Tabulation Summary
Bid Date: Bid Time (Local):
June 27, 2023 2:00 P.M.
Owner:
City of Muskegon
Project Title:
SRF/DWRF Projects
Morton Avenue: Lincoln Street to Denmark Street
Project #:
2221072
Number Contractor Name Bid Amount
Jackson-Merkey Contractors
1st $1,732,668.75
3430 Lund Avenue, Muskegon, MI 49442
McCormick Sand
2nd $2,007,420.00
5430 Russell Rd, Twin Lake, MI 49457
Kamminga and Roodvoets
3rd $2,056,114.80
3435 Broadmoor Ave SE, Grand Rapids, MI 49512
3355 Evergreen Dr. NE Grand Rapids, MI 49525 t. 616-364-8491 f. 616-364-6955 www.preinnewhof.com
page 1 of 5 S:\2022\2221072 City of Muskegon\CDS\_Morton Avenue SRF & DWRF\bid tab 2023-06-27 Morton Ave
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: SRF Project #: DWRF Project #: 1st 2nd 3rd
City of Muskegon 5790-01 7467-01
Project Title:
Jackson-Merkey Contractors McCormick Sand Kamminga and Roodvoets
SRF/DWRF Projects
3430 Lund Avenue 5430 Russell Rd 3435 Broadmoor Ave SE
Morton Avenue: Lincoln Street to Denmark Street
Muskegon, MI 49442 Twin Lake, MI 49457 Grand Rapids, MI 49512
Bid Date & Time: Project #:
Tuesday, June 27, 2023 at 2:00 pm 2221072
Item No. Description Quantity Unit Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount
1 Mobilization, Max, 10% 1 Lsum $170,000.00 $170,000.00 $200,000.00 $200,000.00 $200,000.00 $200,000.00
2 Traffic Control 1 Lsum $18,500.00 $18,500.00 $65,000.00 $65,000.00 $35,000.00 $35,000.00
3 Project Sign 1 Lsum $1,658.00 $1,658.00 $1,500.00 $1,500.00 $2,000.00 $2,000.00
4 Tree, Rem, 6 inch to 18 inch 1 Ea $425.00 $425.00 $750.00 $750.00 $425.00 $425.00
5 Tree, Rem, 19 inch to 36 inch 1 Ea $2,600.00 $2,600.00 $2,500.00 $2,500.00 $2,600.00 $2,600.00
6 Tree, Rem, 37 inch or Greater 3 Ea $3,665.00 $10,995.00 $3,000.00 $9,000.00 $3,665.00 $10,995.00
7 Dr Structure, Rem 30 Ea $375.00 $11,250.00 $800.00 $24,000.00 $450.00 $13,500.00
8 Sewer Rem, Less than 24 inch 2,415 Ft $13.75 $33,206.25 $14.00 $33,810.00 $12.50 $30,187.50
9 Curb and Gutter Rem 3,700 Ft $4.55 $16,835.00 $5.00 $18,500.00 $5.00 $18,500.00
10 Pavt, Rem 7,825 Syd $6.50 $50,862.50 $5.00 $39,125.00 $7.25 $56,731.25
11 HMA Surface, Rem 4,410 Syd $1.00 $4,410.00 $2.50 $11,025.00 $3.00 $13,230.00
12 Sidewalk, Rem 980 Syd $8.85 $8,673.00 $8.50 $8,330.00 $9.00 $8,820.00
13 Irrigaton Repair Allowance 20,000 Dlr $1.00 $20,000.00 $1.00 $20,000.00 $1.00 $20,000.00
14 Erosion Control, Inlet Protection, Fabric Drop 32 Ea $121.50 $3,888.00 $85.00 $2,720.00 $150.00 $4,800.00
15 Machine Grading, Modified 19 Sta $2,000.00 $38,000.00 $4,000.00 $76,000.00 $6,775.00 $128,725.00
16 Aggregate Base, 8 inch, Modified 7,500 Syd $9.75 $73,125.00 $18.00 $135,000.00 $18.25 $136,875.00
17 HMA, 4EML 760 Ton $99.60 $75,696.00 $101.00 $76,760.00 $99.58 $75,680.80
18 HMA, 5EML 575 Ton $113.05 $65,003.75 $112.00 $64,400.00 $113.04 $64,998.00
19 Driveway, Nonreinf Conc, 6 inch 790 Syd $50.00 $39,500.00 $50.00 $39,500.00 $53.00 $41,870.00
20 Curb and Gutter, Conc. Det F4 3,960 Ft $22.00 $87,120.00 $21.00 $83,160.00 $23.20 $91,872.00
21 Sidewalk, Conc, 4 inch 6,200 Sft $5.00 $31,000.00 $4.50 $27,900.00 $5.10 $31,620.00
22 Sidewalk, Conc, 6 inch 1,500 Sft $6.15 $9,225.00 $5.50 $8,250.00 $6.90 $10,350.00
23 Curb Ramp, Conc, 4 inch 600 Sft $6.50 $3,900.00 $7.00 $4,200.00 $5.60 $3,360.00
24 Curb Ramp, Conc, 6 inch 1,700 Sft $6.50 $11,050.00 $7.00 $11,900.00 $7.50 $12,750.00
page 2 of 5 S:\2022\2221072 City of Muskegon\CDS\_Morton Avenue SRF & DWRF\bid tab 2023-06-27 Morton Ave
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: SRF Project #: DWRF Project #: 1st 2nd 3rd
City of Muskegon 5790-01 7467-01
Project Title:
Jackson-Merkey Contractors McCormick Sand Kamminga and Roodvoets
SRF/DWRF Projects
3430 Lund Avenue 5430 Russell Rd 3435 Broadmoor Ave SE
Morton Avenue: Lincoln Street to Denmark Street
Muskegon, MI 49442 Twin Lake, MI 49457 Grand Rapids, MI 49512
Bid Date & Time: Project #:
Tuesday, June 27, 2023 at 2:00 pm 2221072
Item No. Description Quantity Unit Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount
25 Curb Ramp Opening, Conc 175 Ft $26.50 $4,637.50 $26.00 $4,550.00 $26.80 $4,690.00
26 Detectable Warning Surface 175 Ft $35.00 $6,125.00 $35.00 $6,125.00 $51.00 $8,925.00
27 Turf Restoration 19 Sta $750.00 $14,250.00 $1,500.00 $28,500.00 $750.00 $14,250.00
28 Pavt Mrkg, Polyurea, 18 inch, Stop Bar 45 Ft $23.25 $1,046.25 $18.20 $819.00 $23.25 $1,046.25
29 Pavt Mrkg, Polyurea, 6 inch, Cross Walk 240 Ft $7.75 $1,860.00 $6.10 $1,464.00 $7.75 $1,860.00
30 Sign, Type III, Erect, Salv 5 Ea $75.00 $375.00 $75.00 $375.00 $200.00 $1,000.00
31 Sign Type IIIA 13 Sft $20.00 $260.00 $20.00 $260.00 $25.00 $325.00
32 Post, Steel 3 LB 28 Ft $9.00 $252.00 $9.00 $252.00 $10.00 $280.00
33 Sanitary Sewer, 8", Tr Det B 990 Ft $82.60 $81,774.00 $110.00 $108,900.00 $72.00 $71,280.00
34 Sanitary Sewer, 12", Tr Det B 70 Ft $170.00 $11,900.00 $175.00 $12,250.00 $300.00 $21,000.00
35 Sanitary Sewer, Plug, 8" 1 Ea $226.50 $226.50 $325.00 $325.00 $450.00 $450.00
36 Sanitary Manhole, 48" Dia 4 Ea $7,800.00 $31,200.00 $9,300.00 $37,200.00 $6,165.00 $24,660.00
37 Sanitary Drop Manhole, 48" Dia 1 Ea $19,250.00 $19,250.00 $40,000.00 $40,000.00 $12,500.00 $12,500.00
38 Sanitary Sewer, Wye, 8" x 6" 34 Ea $719.50 $24,463.00 $600.00 $20,400.00 $425.00 $14,450.00
39 Sanitary Lateral, 6" 1,190 Ft $64.00 $76,160.00 $59.00 $70,210.00 $67.00 $79,730.00
40 Sanitary Lateral, Connect to Ex. 31 Ea $200.00 $6,200.00 $400.00 $12,400.00 $450.00 $13,950.00
41 Sanitary Sewer Connect to Ex 6" 3 Ea $553.00 $1,659.00 $500.00 $1,500.00 $675.00 $2,025.00
42 Sanitary Sewer, Connect to Ex 12" 2 Ea $808.00 $1,616.00 $2,000.00 $4,000.00 $1,000.00 $2,000.00
43 Sanitary Sewer, CCTV 1,060 Ft $2.00 $2,120.00 $5.00 $5,300.00 $2.65 $2,809.00
44 Sewer, 8 inch, SDR-26 16 Ft $143.00 $2,288.00 $65.00 $1,040.00 $50.00 $800.00
45 Sewer, Cl E, 12 inch, Tr Det B 1,690 Ft $51.60 $87,204.00 $65.00 $109,850.00 $53.00 $89,570.00
46 Sewer, Cl E, 21 inch, Tr Det B 16 Ft $154.00 $2,464.00 $130.00 $2,080.00 $67.00 $1,072.00
47 Sewer, Cl E, 24 inch, Tr Det B 16 Ft $163.50 $2,616.00 $140.00 $2,240.00 $83.00 $1,328.00
48 Sewer, Connect to Ex. 8" 1 Ea $491.50 $491.50 $600.00 $600.00 $375.00 $375.00
page 3 of 5 S:\2022\2221072 City of Muskegon\CDS\_Morton Avenue SRF & DWRF\bid tab 2023-06-27 Morton Ave
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: SRF Project #: DWRF Project #: 1st 2nd 3rd
City of Muskegon 5790-01 7467-01
Project Title:
Jackson-Merkey Contractors McCormick Sand Kamminga and Roodvoets
SRF/DWRF Projects
3430 Lund Avenue 5430 Russell Rd 3435 Broadmoor Ave SE
Morton Avenue: Lincoln Street to Denmark Street
Muskegon, MI 49442 Twin Lake, MI 49457 Grand Rapids, MI 49512
Bid Date & Time: Project #:
Tuesday, June 27, 2023 at 2:00 pm 2221072
Item No. Description Quantity Unit Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount
49 Sewer, Connect to Ex. 12" 3 Ea $584.50 $1,753.50 $600.00 $1,800.00 $450.00 $1,350.00
50 Sewer, Connect to Ex. 24" 2 Ea $724.00 $1,448.00 $1,000.00 $2,000.00 $700.00 $1,400.00
51 Sewer, Connect to Ex. 21" 2 Ea $677.50 $1,355.00 $1,000.00 $2,000.00 $600.00 $1,200.00
52 Dr Structure Tap, 12" 4 Ea $418.00 $1,672.00 $600.00 $2,400.00 $350.00 $1,400.00
53 Dr Structure, 24 inch dia, Mod 14 Ea $1,612.00 $22,568.00 $2,400.00 $33,600.00 $2,000.00 $28,000.00
54 Dr Structure, 48 inch dia, Mod 15 Ea $2,701.00 $40,515.00 $3,600.00 $54,000.00 $2,500.00 $37,500.00
55 Dr Structure Cover, Type B, Mod 12 Ea $943.00 $11,316.00 $500.00 $6,000.00 $600.00 $7,200.00
56 Dr Structure Cover, Type K 22 Ea $1,165.00 $25,630.00 $700.00 $15,400.00 $750.00 $16,500.00
57 Dr Structure Cover, Adj, Case 1 5 Ea $715.50 $3,577.50 $1,100.00 $5,500.00 $650.00 $3,250.00
58 Water Main, DI, 6", Tr Det G 93 Ft $126.50 $11,764.50 $80.00 $7,440.00 $80.00 $7,440.00
59 Water Main, DI, 8", Tr Det G 1,820 Ft $83.70 $152,334.00 $90.00 $163,800.00 $82.00 $149,240.00
60 Water Main, Bend, 45 Degree, 6" 2 Ea $753.00 $1,506.00 $650.00 $1,300.00 $650.00 $1,300.00
61 Water Main, Bend, 45 Degree, 8" 9 Ea $855.00 $7,695.00 $750.00 $6,750.00 $1,400.00 $12,600.00
62 Water Main, Reducer, 8" x 6" 2 Ea $798.00 $1,596.00 $600.00 $1,200.00 $600.00 $1,200.00
63 Water Main, Sleeve, 6" 3 Ea $3,420.00 $10,260.00 $1,200.00 $3,600.00 $1,500.00 $4,500.00
64 Water Main, Sleeve, 8" 1 Ea $4,070.00 $4,070.00 $1,500.00 $1,500.00 $1,650.00 $1,650.00
65 Water Main, Tee, 8" x 8" x 6" 4 Ea $1,273.00 $5,092.00 $1,000.00 $4,000.00 $900.00 $3,600.00
66 Water Main, Tee, 8" x 8" x 8" 1 Ea $1,359.00 $1,359.00 $1,100.00 $1,100.00 $950.00 $950.00
67 Water Main, Cross, 8" x 8" x 6" x 6" 1 Ea $1,762.00 $1,762.00 $2,400.00 $2,400.00 $1,400.00 $1,400.00
68 Water Main, Valve and Box, 8" 3 Ea $2,839.00 $8,517.00 $3,200.00 $9,600.00 $2,500.00 $7,500.00
69 Water Main, Valve and Box, 6" 7 Ea $1,901.00 $13,307.00 $2,100.00 $14,700.00 $1,950.00 $13,650.00
70 Water Main, Cut and Cap, 6" 2 Ea $1,086.00 $2,172.00 $900.00 $1,800.00 $750.00 $1,500.00
71 Hydrant, Rem 5 Ea $360.00 $1,800.00 $300.00 $1,500.00 $350.00 $1,750.00
72 Hydrant 5 Ea $4,755.00 $23,775.00 $4,500.00 $22,500.00 $4,650.00 $23,250.00
page 4 of 5 S:\2022\2221072 City of Muskegon\CDS\_Morton Avenue SRF & DWRF\bid tab 2023-06-27 Morton Ave
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: SRF Project #: DWRF Project #: 1st 2nd 3rd
City of Muskegon 5790-01 7467-01
Project Title:
Jackson-Merkey Contractors McCormick Sand Kamminga and Roodvoets
SRF/DWRF Projects
3430 Lund Avenue 5430 Russell Rd 3435 Broadmoor Ave SE
Morton Avenue: Lincoln Street to Denmark Street
Muskegon, MI 49442 Twin Lake, MI 49457 Grand Rapids, MI 49512
Bid Date & Time: Project #:
Tuesday, June 27, 2023 at 2:00 pm 2221072
Item No. Description Quantity Unit Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount
73 Water Main, Rem 960 Ft $17.15 $16,464.00 $11.00 $10,560.00 $10.50 $10,080.00
74 Water Service, Corporation Stop, 1" 48 Ea $750.00 $36,000.00 $900.00 $43,200.00 $425.00 $20,400.00
75 Water Service, Curb Stop and Box, 1" 48 Ea $875.00 $42,000.00 $800.00 $38,400.00 $550.00 $26,400.00
76 Water Service, 1" 2,600 Ft $30.00 $78,000.00 $31.00 $80,600.00 $93.50 $243,100.00
77 Water Service, Connect to Existing 48 Ea $525.00 $25,200.00 $500.00 $24,000.00 $330.00 $15,840.00
78 Water Service, Meter Pit 1 Ea $1,200.00 $1,200.00 $1,200.00 $1,200.00 $1,700.00 $1,700.00
79 Water Service Restoration, Private 48 Ea $200.00 $9,600.00 $200.00 $9,600.00 $500.00 $24,000.00
Total Bid $1,732,668.75 $2,007,420.00 $2,056,114.80
page 5 of 5 S:\2022\2221072 City of Muskegon\CDS\_Morton Avenue SRF & DWRF\bid tab 2023-06-27 Morton Ave
A RESOLUTION TO TENTATIVELY
AWARD A CONSTRUCTION CONTRACT
FOR WASTEWATER AND WATER SYSTEM IMPROVEMENTS
2023-XX
WHEREAS, the City of Muskegon wishes to construct improvements to its existing wastewater
collection system and its existing water treatment and distribution system; and
WHEREAS, the wastewater system improvements project formally adopted on May 25, 2021 will be
funded through Michigan's Clean Water State Revolving Loan Fund (CWSRF) program; and
WHEREAS, the water system improvements project formally adopted on June 22, 2021 will be funded
through the state of Michigan's Drinking Water State Revolving Loan Fund (DWSRF) program; and
WHEREAS, the City of Muskegon has sought and received construction bids for the Morton Avenue
Project and has received a low bid in the amount of $1,732,668.75 from Jackson-Merkey Contractors of
Muskegon, MI; and
WHEREAS, the City of Muskegon's project engineer, Prein&Newhof, has recommended awarding the
contract to the low bidder.
NOW THEREFORE BE IT RESOLVED, that the City of Muskegon tentatively awards the contract
for construction of the proposed wastewater and water system project to Jackson-Merkey Contractors of
Muskegon, MI, contingent upon successful financial arrangements with the CWSRF Program.
Yeas:
Nays:
Abstain:
Absent:
I certify that the above Resolution was adopted by the City Commission of the City of Muskegon on July
11, 2023.
BY: Ann Meisch, City Clerk
_________________________________________________
Signature Date
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 11, 2023 Title: Wilcox-Thompson Street Reconstruction
Submitted By: Dan VanderHeide Department: DPW
Brief Summary: Authorize the award of the Wilcox-Thompson Street Reconstruction Contract to
the low bidder, Kamminga & Roodvoets, and authorize the clerk to sign the attached resolution.
Detailed Summary & Background: Our engineering consultant
Prein & Newhof solicited bids for sewer replacement, water
main replacement, lead service line replacement and street
reconstruction in the Bluffton neighborhood. This project was
introduced to the Commission at the October 25, 2022 regular
meeting when the engineering work was awarded. It was also
included in our DWRF and CWSRF Project Plans in June of
2021. A map of the project is shown at the right.
The low bidder, Kamminga & Roodvoets, has performed
similar projects for the City, including currently working on the
Sanford project, and is highly recommended by staff and by
Prein & Newhof. Their low bid of $4,048,154.05 is below the
engineer’s estimate.
This project is financed through the sale of bonds in partnership with the State of Michigan Clean
Water and Drinking Water Revolving Funds. The State of Michigan programs offer grants and
principal forgiveness for portions of the project. We anticipate that when bonds are sold later this
summer, we will be offered grants and forgiveness worth 75% of the water system cost, and 50% of
the sewer system cost. For this project that is estimated at a combined $2,497,306.23 of aid. The
remainder of the project will be financed with a 1.875% interest rate.
The portion of the project that will be financed will be added to the water and sewer debt fees. Staff
estimates that when fully in effect in FY25, the combined debt fees associated with this project will be
$0.47 per month on a standard residential bill.
Goal/Focus Area/Action Item Addressed:
Item 2022-4.2 “Take advantage of external revenue sources,” and Key Focus Areas “Decrease
infrastructure burden on residents” and “Sustainability in financial practices and infrastructure.”
Amount Requested: $4,048,154.05 (Total)
Budgeted Item: Yes ☒ No ☐
$1,550,847.82 (Bonded)
Fund(s) or Account(s): 590 (Sewer) & 591 (Water) Budgeted Amendment Needed: Yes ☐ No ☒
Recommended Motion: I move to approve award of the Wilcox-Thompson Streets Reconstruction
Project to Kamminga & Roodvoets, contingent upon successful financial arrangements with the
CWSRF and DWRF programs, and authorize the Clerk to sign the included resolution.
Approvals: Legal Review ☐ Guest(s) Invited / Presenting
Immediate Division Head ☒ Information Technology ☒ Yes ☐
Other Division Heads ☒ Communication ☐ No ☒
June 23, 2023
2221072
Mr. Dan Vander Heide, P.E.
City of Muskegon
Department of Public Works
1350 Keating Avenue
Muskegon, MI 49442
RE: SRF/DWRF FY 2023
Wastewater and Water System Improvements – Wilcox Avenue and Thompson Avenue
Dear Mr. Vander Heide:
On Thursday, June 22nd, the City received two bids for the referenced project. The two bids were
$4,048,154.05 and $4,505,728.40. Kamminga and Roodvoets of Grand Rapids, MI submitted the
lowest bid at $4,048,154.05. A tabulation of the bids is enclosed for reference.
This project is being financed through both the State Revolving Fund (SRF) and the Drinking Water
Revolving Fund (DWRF) with the city funding certain ineligible costs. Due to the overlap of the
various scopes of work, the State has required an Alternative Justifiable Expenditures calculation to
be completed to determine the financing share for each program, this breakdown is as follows:
SRF Eligible $2,155,237.22
DWRF Eligible $1,892,916.83
We discussed the project with Kamminga and Roodvoets. They indicated a good understanding of
the project’s critical elements such as phasing, schedule, and criticality of the infrastructure being
worked on. Work will begin in the spring of 2024. They did not express any concerns with
completing the project successfully and on time.
Kamminga and Roodvoets has successfully completed projects of similar size and scope with
Prein&Newhof and the City of Muskegon in the past.
If you have any questions, please do not hesitate to ask.
Sincerely,
Prein&Newhof
Matthew R. Hulst, P.E.
Enclosures: Bid Tabulation Sheets
4910 Stariha Drive Muskegon, MI 49441 t. 231-798-0101 f. 231-798-0337 www.preinnewhof.com
Bid Tabulation Summary
Bid Date: Bid Time (Local):
22-Jun-23 2:00 PM
Owner:
City of Muskegon
Project Title:
Wastewater and Water System Improvements, Wilcox Avenue & Thompson Avenue
Project #:
2221072
Number Contractor Name Bid Amount
Kamminga & Roodvoets
1st $4,048,154.05
3435 Broadmoor Ave SE, Grand Rapids, MI 49512
Jackson-Merkey Contractors
2nd $4,505,728.40 *
3430 Lund Ave, Muskegon, MI 49442
* Denotes correction made by Engineer
3355 Evergreen Dr. NE Grand Rapids, MI 49525 t. 616-364-8491 f. 616-364-6955 www.preinnewhof.com
page 1 of 7 S:\2022\2221072 City of Muskegon\CDS\_Wilcox & Thompson Ave\bid tab 2023-06-22 Wilcox & Thompson
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: 1st 2nd
City of Muskegon
Project Title: Kamminga & Roodvoets Jackson-Merkey Contractors
Wastewater and Water System Improvements, Wilcox Avenue & Thompson Avenue 3435 Broadmoor Ave SE 3430 Lund Ave
Bid Date & Time: Project #: Grand Rapids, MI 49512 Muskegon, MI 49442
June 22, 2023 at 2:00 PM 2221072
Item No. Description Quantity Unit Unit Price Total Amount Unit Price Total Amount
1 Mobilization, Max, 10% 1 Lsum $400,000.00 $400,000.00 $430,000.00 $430,000.00
2 Traffic Control 1 Lsum $100,000.00 $100,000.00 $100,000.00 $100,000.00
3 Project Sign 1 Lsum $700.00 $700.00 $5,000.00 $5,000.00
4 Tree, Rem, 6 inch to 18 inch 15 Ea $650.00 $9,750.00 $620.00 $9,300.00
5 Tree, Rem, 19 inch to 36 inch 9 Ea $1,900.00 $17,100.00 $2,975.00 $26,775.00
6 Tree, Rem, Greater than 37 inch 1 Ea $3,200.00 $3,200.00 $5,300.00 $5,300.00
7 Stump, Rem, 19 inch to 36 inch 1 Ea $325.00 $325.00 $350.00 $350.00
8 Dr Structure, Rem 51 Ea $500.00 $25,500.00 $400.00 $20,400.00
9 Dr Structure, Adj, Case 1 2 Ea $1,200.00 $2,400.00 $562.00 $1,124.00
10 Sanitary Manhole, Abandon 3 Ea $900.00 $2,700.00 $182.00 $546.00
11 Sewer Rem, Less than 24 inch 3,090 Ft $9.50 $29,355.00 $13.45 $41,560.50
12 Sewer Rem, 24 inch to 48 inch 440 Ft $9.50 $4,180.00 $16.80 $7,392.00
13 Sanitary Sewer, Abandon, Less than 10-inch 1,500 Ft $7.00 $10,500.00 $8.75 $13,125.00
14 Curb and Gutter Rem 6,500 Ft $4.50 $29,250.00 $4.30 $27,950.00
15 Pavt, Rem 1,750 Syd $8.50 $14,875.00 $9.35 $16,362.50
16 HMA Surface, Rem 11,260 Syd $3.50 $39,410.00 $1.50 $16,890.00
17 Sidewalk, Rem 1,292 Syd $9.00 $11,628.00 $10.45 $13,501.40
18 Irrigation Repair Allowance 30,000 Dlr $1.00 $30,000.00 $1.00 $30,000.00
19 Lift Station, Abandon 1 Lsum $6,750.00 $6,750.00 $2,500.00 $2,500.00
20 Erosion Control, Inlet Protection, Fabric Drop 30 Ea $125.00 $3,750.00 $139.50 $4,185.00
21 Machine Grading, Modified 32 Sta $5,325.00 $170,400.00 $6,500.00 $208,000.00
page 2 of 7 S:\2022\2221072 City of Muskegon\CDS\_Wilcox & Thompson Ave\bid tab 2023-06-22 Wilcox & Thompson
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: 1st 2nd
City of Muskegon
Project Title: Kamminga & Roodvoets Jackson-Merkey Contractors
Wastewater and Water System Improvements, Wilcox Avenue & Thompson Avenue 3435 Broadmoor Ave SE 3430 Lund Ave
Bid Date & Time: Project #: Grand Rapids, MI 49512 Muskegon, MI 49442
June 22, 2023 at 2:00 PM 2221072
Item No. Description Quantity Unit Unit Price Total Amount Unit Price Total Amount
22 Aggregate Base, 8 inch, Modified 11,520 Syd $17.00 $195,840.00 $14.65 $168,768.00
23 Aggregate Surface Cse, 8 inch, Mod 1,000 Syd $17.00 $17,000.00 $17.30 $17,300.00
24 Aggregate Base, Conditioning 725 Syd $4.00 $2,900.00 $3.90 $2,827.50
25 HMA, 4EML 1,225 Ton $105.22 $128,894.50 $105.25 $128,931.25
26 HMA, 5EML 935 Ton $121.28 $113,396.80 $121.30 $113,415.50
27 Driveway, Nonreinf Conc, 6 inch 1,615 Syd $48.00 $77,520.00 $51.60 $83,334.00
28 Curb and Gutter, Conc. Det D2, Mod 250 Ft $30.00 $7,500.00 $21.40 $5,350.00
29 Curb and Gutter, Conc. Det F4 6,200 Ft $21.00 $130,200.00 $17.40 $107,880.00
30 Sidewalk, Conc, 4 inch 7,490 Sft $4.50 $33,705.00 $4.65 $34,828.50
31 Sidewalk, Conc, 6 inch 2,325 Sft $7.25 $16,856.25 $6.60 $15,345.00
32 Curb Ramp, Conc, 4 inch 625 Sft $6.50 $4,062.50 $5.20 $3,250.00
33 Curb Ramp, Conc, 6 inch 1,520 Sft $7.50 $11,400.00 $7.20 $10,944.00
34 Curb Ramp Opening, Conc 130 Ft $28.00 $3,640.00 $17.40 $2,262.00
35 Detectable Warning Surface 130 Ft $35.00 $4,550.00 $45.00 $5,850.00
36 Road Patch, Complete 17 Ea $1,800.00 $30,600.00 $1,198.00 $20,366.00
37 Turf Restoration 32 Sta $750.00 $24,000.00 $2,500.00 $80,000.00
38 Sign, Type III, Erect, Salv 2 Ea $250.00 $500.00 $100.00 $200.00
39 Sanitary Sewer, 6", Tr Det B 5 Ft $125.00 $625.00 $343.00 $1,715.00
40 Sanitary Sewer, 8", Tr Det B 1,030 Ft $130.00 $133,900.00 $217.00 $223,510.00 *
41 Sanitary Sewer, 10", Tr Det B 870 Ft $140.00 $121,800.00 $186.50 $162,255.00
42 Sanitary Sewer, 12", Tr Det B 246 Ft $150.00 $36,900.00 $171.50 $42,189.00
page 3 of 7 S:\2022\2221072 City of Muskegon\CDS\_Wilcox & Thompson Ave\bid tab 2023-06-22 Wilcox & Thompson
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: 1st 2nd
City of Muskegon
Project Title: Kamminga & Roodvoets Jackson-Merkey Contractors
Wastewater and Water System Improvements, Wilcox Avenue & Thompson Avenue 3435 Broadmoor Ave SE 3430 Lund Ave
Bid Date & Time: Project #: Grand Rapids, MI 49512 Muskegon, MI 49442
June 22, 2023 at 2:00 PM 2221072
Item No. Description Quantity Unit Unit Price Total Amount Unit Price Total Amount
43 Sanitary Sewer, 15", Tr Det B 1,040 Ft $160.00 $166,400.00 $457.50 $475,800.00
44 Sanitary Sewer, 18", Tr Det B 24 Ft $180.00 $4,320.00 $314.00 $7,536.00
45 Sanitary Manhole, 24" Dia 1 Ea $3,500.00 $3,500.00 $2,000.00 $2,000.00
46 Sanitary Manhole, 48" Dia 16 Ea $4,600.00 $73,600.00 $7,988.00 $127,808.00
47 Sanitary Drop Manhole, 48" Dia 3 Ea $7,500.00 $22,500.00 $12,815.00 $38,445.00
48 Sanitary Sewer, Wye, 8" x 6" 24 Ea $700.00 $16,800.00 $503.00 $12,072.00
49 Sanitary Sewer, Wye, 10" x 6" 15 Ea $1,100.00 $16,500.00 $783.50 $11,752.50
50 Sanitary Sewer, Wye, 12" x 6" 2 Ea $1,200.00 $2,400.00 $890.00 $1,780.00
51 Sanitary Sewer, Wye, 15" x 6" 21 Ea $1,500.00 $31,500.00 $1,147.00 $24,087.00
52 Sanitary Lateral, 6" 2,100 Ft $42.00 $88,200.00 $108.00 $226,800.00
53 Sanitary Lateral, Connect to Ex. 58 Ea $400.00 $23,200.00 $488.50 $28,333.00
54 Sanitary Sewer, Connect to Ex. 6" 1 Ea $400.00 $400.00 $683.50 $683.50
55 Sanitary Sewer, Connect to Ex. 10" 1 Ea $500.00 $500.00 $847.00 $847.00
56 Sanitary Sewer, Connect to Ex. 12" 4 Ea $600.00 $2,400.00 $997.00 $3,988.00
57 Sanitary Sewer, Connect to Ex 18" 1 Ea $950.00 $950.00 $1,793.00 $1,793.00
58 Sanitary Sewer, Bulkhead, 12 inch 1 Ea $300.00 $300.00 $1,112.00 $1,112.00
59 Sanitary Sewer, CCTV 3,215 Ft $2.00 $6,430.00 $1.25 $4,018.75
60 Sanitary Force Main, 6" 48 Ft $98.00 $4,704.00 $136.50 $6,552.00
61 Sanitary Force Main, Bend, 45 Degree, 6" 1 Ft $900.00 $900.00 $825.50 $825.50
62 Sanitary Force Main, Sleeve, 6" 1 Ea $1,000.00 $1,000.00 $4,295.00 $4,295.00
63 Sewer, DI, 8 inch, Tr Det B 61 Ft $100.00 $6,100.00 $121.00 $7,381.00
page 4 of 7 S:\2022\2221072 City of Muskegon\CDS\_Wilcox & Thompson Ave\bid tab 2023-06-22 Wilcox & Thompson
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: 1st 2nd
City of Muskegon
Project Title: Kamminga & Roodvoets Jackson-Merkey Contractors
Wastewater and Water System Improvements, Wilcox Avenue & Thompson Avenue 3435 Broadmoor Ave SE 3430 Lund Ave
Bid Date & Time: Project #: Grand Rapids, MI 49512 Muskegon, MI 49442
June 22, 2023 at 2:00 PM 2221072
Item No. Description Quantity Unit Unit Price Total Amount Unit Price Total Amount
64 Sewer, Cl E, 12 inch, Tr Det B 676 Ft $90.00 $60,840.00 $76.30 $51,578.80
65 Sewer, Cl E, 15 inch, Tr Det B 185 Ft $110.00 $20,350.00 $82.10 $15,188.50
66 Sewer, Cl E, 18 inch, Tr Det B 533 Ft $150.00 $79,950.00 $89.20 $47,543.60
67 Sewer, Cl E, 24 inch, Tr Det B 306 Ft $185.00 $56,610.00 $150.00 $45,900.00
68 Sewer, Connect to Ex. 12" 3 Ea $600.00 $1,800.00 $639.50 $1,918.50
69 Sewer, Connect to Ex. 24" 1 Ea $800.00 $800.00 $792.00 $792.00
70 Dr Structure, 24 inch dia. Mod 16 Ea $1,400.00 $22,400.00 $2,098.00 $33,568.00
71 Dr Structure, 48 inch dia, Mod 14 Ea $2,500.00 $35,000.00 $3,068.00 $42,952.00
72 Dr Structure, 60 inch dia, Mod 2 Ea $4,600.00 $9,200.00 $5,130.00 $10,260.00
73 Dr Structure Cover, Type B, Mod 10 Ea $1,100.00 $11,000.00 $900.00 $9,000.00
74 Dr Structure Cover, Type K 21 Ea $1,300.00 $27,300.00 $1,200.00 $25,200.00
75 Dr Structure Cover, Type C 1 Ea $1,300.00 $1,300.00 $1,300.00 $1,300.00
76 Exploratory Dig 1 Lsum $2,000.00 $2,000.00 $15,000.00 $15,000.00
77 Water Main, DI, 6", Tr Det G 104 Ft $100.00 $10,400.00 $172.00 $17,888.00
78 Water Main, DI, 8", Tr Det G 2,869 Ft $120.00 $344,280.00 $99.40 $285,178.60
79 Water Main, DI, 12", Tr Det G 5 Ft $160.00 $800.00 $655.50 $3,277.50
80 Water Main, DI, 24", Tr Det G 30 Ft $350.00 $10,500.00 $475.00 $14,250.00
81 Water Main, Bend, 45 Degree, 8" 18 Ea $1,000.00 $18,000.00 $936.00 $16,848.00
82 Water Main, Bend, 45 Degree, 24" 4 Ea $4,000.00 $16,000.00 $5,861.00 $23,444.00
83 Water Main, Bend, 22.5 Degree, 8" 1 Ea $950.00 $950.00 $936.00 $936.00
84 Water Main, Reducer, 8" x 6" 2 Ea $700.00 $1,400.00 $874.50 $1,749.00
page 5 of 7 S:\2022\2221072 City of Muskegon\CDS\_Wilcox & Thompson Ave\bid tab 2023-06-22 Wilcox & Thompson
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: 1st 2nd
City of Muskegon
Project Title: Kamminga & Roodvoets Jackson-Merkey Contractors
Wastewater and Water System Improvements, Wilcox Avenue & Thompson Avenue 3435 Broadmoor Ave SE 3430 Lund Ave
Bid Date & Time: Project #: Grand Rapids, MI 49512 Muskegon, MI 49442
June 22, 2023 at 2:00 PM 2221072
Item No. Description Quantity Unit Unit Price Total Amount Unit Price Total Amount
85 Water Main, Reducer, 12" x 8" 1 Ea $1,000.00 $1,000.00 $1,964.00 $1,964.00
86 Water Main, Reducer, 24" x 12" 1 Ea $3,400.00 $3,400.00 $4,840.00 $4,840.00
87 Water Main, Sleeve, 6" 2 Ea $1,800.00 $3,600.00 $3,656.00 $7,312.00
88 Water Main, Sleeve, 8" 4 Ea $2,000.00 $8,000.00 $4,847.00 $19,388.00
89 Water Main, Sleeve, 24" 2 Ea $3,500.00 $7,000.00 $5,000.00 $10,000.00
90 Water Main, Tee, 8" x 8" x 6" 8 Ea $1,000.00 $8,000.00 $1,392.00 $11,136.00
91 Water Main, Tee, 8" x 8" x 8" 5 Ea $1,100.00 $5,500.00 $1,485.00 $7,425.00
92 Water Main, Tapping Tee and Valve, 24" x 24" x 8" 1 Ea $9,500.00 $9,500.00 $9,972.00 $9,972.00
93 Water Main, Valve and Box, 6" 8 Ea $2,100.00 $16,800.00 $2,078.00 $16,624.00
94 Water Main, Valve and Box, 8" 15 Ea $2,800.00 $42,000.00 $3,054.00 $45,810.00
95 Water Main, Cut and Cap, 6" 1 Ea $950.00 $950.00 $1,149.00 $1,149.00
96 Water Main, Cut and Cap, 8" 1 Ea $1,000.00 $1,000.00 $1,484.00 $1,484.00
97 Water Main, Cat and Cap, 12" 1 Ea $1,600.00 $1,600.00 $1,674.00 $1,674.00
98 Valve Box, Adjust 3 Ea $450.00 $1,350.00 $654.50 $1,963.50
99 Hydrant, Rem 7 Ea $500.00 $3,500.00 $597.00 $4,179.00
100 Hydrant 8 Ea $4,600.00 $36,800.00 $5,748.00 $45,984.00
101 Water Main, Rem 200 Ft $15.00 $3,000.00 $45.50 $9,100.00
102 Water Service, Corporation Stop, 1" 98 Ea $1,000.00 $98,000.00 $750.00 $73,500.00
103 Water Service, Curb Stop and Box, 1" 84 Ea $1,100.00 $92,400.00 $875.00 $73,500.00
104 Water Service, Corporation Stop, 2" 1 Ea $1,800.00 $1,800.00 $2,500.00 $2,500.00
105 Water Service, Curb Stop and Box, 2" 1 Ea $1,700.00 $1,700.00 $3,000.00 $3,000.00
page 6 of 7 S:\2022\2221072 City of Muskegon\CDS\_Wilcox & Thompson Ave\bid tab 2023-06-22 Wilcox & Thompson
3355 Evergreen Dr. NE Grand Rapids, MI 49525
t. (616) 364-8491 f. (616) 364-6955
Bid Tabulation
Owner: 1st 2nd
City of Muskegon
Project Title: Kamminga & Roodvoets Jackson-Merkey Contractors
Wastewater and Water System Improvements, Wilcox Avenue & Thompson Avenue 3435 Broadmoor Ave SE 3430 Lund Ave
Bid Date & Time: Project #: Grand Rapids, MI 49512 Muskegon, MI 49442
June 22, 2023 at 2:00 PM 2221072
Item No. Description Quantity Unit Unit Price Total Amount Unit Price Total Amount
106 Water Service, 1" 7,264 Ft $38.00 $276,032.00 $28.75 $208,840.00
107 Water Service, 2" 15 Ft $185.00 $2,775.00 $150.00 $2,250.00
108 Water Service, Connect to Ex. 96 Ea $1,775.00 $170,400.00 $595.00 $57,120.00
109 Water Service Restoration, Private 82 Ea $500.00 $41,000.00 $275.00 $22,550.00
Total Bid $4,048,154.05 $4,505,728.40 *
* Denotes correction made by Engineer
page 7 of 7 S:\2022\2221072 City of Muskegon\CDS\_Wilcox & Thompson Ave\bid tab 2023-06-22 Wilcox & Thompson
A RESOLUTION TO TENTATIVELY
AWARD A CONSTRUCTION CONTRACT
FOR WASTEWATER AND WATER SYSTEM IMPROVEMENTS
2023-XX
WHEREAS, the City of Muskegon wishes to construct improvements to its existing wastewater
collection system and its existing water treatment and distribution system; and
WHEREAS, the wastewater system improvements project formally adopted on May 25, 2021 will be
funded through Michigan's Clean Water State Revolving Loan Fund (CWSRF) program; and
WHEREAS, the water system improvements project formally adopted on June 22, 2021 will be funded
through the state of Michigan's Drinking Water State Revolving Loan Fund (DWSRF) program; and
WHEREAS, the City of Muskegon has sought and received construction bids for the Wilcox &
Thompson Avenue Project and has received a low bid in the amount of $4,048,154.05 from Kamminga &
Roodvoets of Grand Rapids, MI; and
WHEREAS, the City of Muskegon's project engineer, Prein&Newhof, has recommended awarding the
contract to the low bidder.
NOW THEREFORE BE IT RESOLVED, that the City of Muskegon tentatively awards the contract
for construction of the proposed wastewater and water system project to Kamminga and Roodvoets of
Grand Rapids, MI, contingent upon successful financial arrangements with the CWSRF and DWSRF
Programs.
Yeas:
Nays:
Abstain:
Absent:
I certify that the above Resolution was adopted by the City Commission of the City of Muskegon on July
11, 2023.
BY: Ann Meisch, City Clerk
_________________________________________________
Signature Date
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 11, 2023 Title: Harbour Towne & Edgewater Lift
Stations Repairs Project
Submitted By: Dan VanderHeide Department: DPW
Brief Summary: Authorize the award of the Harbour Towne and Edgewater Lift Station Repairs
Contract to Jackson-Merkey, and authorize the clerk to sign the attached resolution.
Detailed Summary & Background: Our engineering consultant Prein & Newhof solicited bids for pump
replacements and other repairs to the Harbour Towne and Edgewater Lift Stations. This project was
introduced to the Commission at the October 25, 2022 regular meeting when the engineering work
was awarded. It was also included in our DWRF and CWSRF Project Plans in June of 2021.
The low bidder, Jackson-Merkey, has performed similar projects for the City, including having built
both of these lift stations at the time of their original construction. Their low bid of $424,995 is below
the engineer’s estimate and $2,505 below the second lowest bid. The City has had mixed results with
Jackson-Merkey. The second half of the Terrace Street project was better managed than previous
projects, and due to program requirements the City would be responsible to pay for the “extra” $2,505
if we were to award to the second lowest bidder. For these reasons, staff recommends award to
Jackson-Merkey.
This project is financed through the sale of bonds in partnership with the State of Michigan Clean
Water State Revolving Fund. The State programs offer grants and principal forgiveness for portions
of the project. We anticipate that when bonds are sold later this summer, we will be offered grants
and forgiveness worth 50% of the sewer system cost. For this project that is estimated at $213,750 of
aid. The remainder of the project will be financed with a 1.875% interest rate.
The portion of the project that will be financed will be added to the sewer debt fee. Staff estimates
that when fully in effect in FY25, the sewer debt fee associated with this project will be $0.07 per
month on a standard residential bill.
Goal/Focus Area/Action Item Addressed:
Item 2022-4.2 “Take advantage of external revenue sources,” and Key Focus Areas “Decrease
infrastructure burden on residents” and “Sustainability in financial practices and infrastructure.”
Amount Requested: $427,500 (Total)
Budgeted Item: Yes ☒ No ☐
$213,750 (Bonded)
Fund(s) or Account(s): Sewer (590) Budgeted Amendment Needed: Yes ☐ No ☒
Recommended Motion: I move to approve award of the Harbour Towne and Edgewater Lift Station
Repairs Project to Jackson-Merkey, contingent upon successful financial arrangements with the
CWSRF program, and authorize the Clerk to sign the included resolution.
Approvals: Legal Review ☐ Guest(s) Invited / Presenting
Immediate Division Head ☒ Information Technology ☒ Yes ☐
Other Division Heads ☒ Communication ☐ No ☒
July 06, 2023
2221072
Mr. Dan Vander Heide, P.E.
City of Muskegon
Department of Public Works
1350 Keating Avenue
Muskegon, MI 49442
RE: SRF/DWRF FY 2023
Wastewater System Improvements – Edgewater and Harbour Towne Lift Stations
Dear Mr. Vander Heide:
On Tuesday, June 27th, the City received two bids for the referenced project. The bids ranged from
$424,995.00 to $427,500.00. Jackson-Merkey Contractors of Muskegon, MI submitted the lowest
bid at $424,995.00. A tabulation of the bids is enclosed for reference.
We discussed the project with Jackson-Merkey. They indicated a good understanding of the
project’s critical elements such as phasing, schedule, and criticality of the infrastructure being
worked on. They did not express any concerns with completing the project successfully and on time.
Jackson-Merkey has successfully completed projects of similar size and scope with Prein&Newhof
and the City of Muskegon in the past.
If you have any questions, please do not hesitate to contact us.
Sincerely,
Prein&Newhof
Matthew R. Hulst, P.E.
Enclosures: Bid Tabulation Sheets
4910 Stariha Drive Muskegon, MI 49441 t. 231-798-0101 f. 231-798-0337 www.preinnewhof.com
A RESOLUTION TO TENTATIVELY
AWARD A CONSTRUCTION CONTRACT
FOR WASTEWATER SYSTEM IMPROVEMENTS
2023-XX
WHEREAS, the City of Muskegon wishes to construct improvements to its existing wastewater
collection system; and
WHEREAS, the wastewater system improvements project formally adopted on May 25, 2021 will be
funded through Michigan's State Revolving Loan Fund (SRF) program; and
WHEREAS, the City of Muskegon has sought and received construction bids for the Edgewater and
Harbour Towne Lift Stations Project and has received a bid in the amount of $424,995.00 from Jackson-
Merkey of Muskegon, MI; and
WHEREAS, the City of Muskegon's project engineer, Prein&Newhof, has recommended awarding the
contract to Jackson-Merkey.
NOW THEREFORE BE IT RESOLVED, that the City of Muskegon tentatively awards the contract
for construction of the proposed wastewater system project to Jackson-Merkey of Muskegon, MI,
contingent upon successful financial arrangements with the CWSRF Program.
Yeas:
Nays:
Abstain:
Absent:
I certify that the above Resolution was adopted by the City Commission of the City of Muskegon on July
11, 2023.
BY: Ann Meisch, City Clerk
_________________________________________________
Signature Date
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 11, 2023 Title: Contract Award- Keating, Industrial to Port City
Submitted By: Todd Myers Department: DPW
Brief Summary:
Staff is requesting authorization to approve a contact with Asphalt Paving Inc, in the amount of
$201,644.45 for the repaving of Keating Avenue from Industrial Boulevard to Port City Boulevard.
Detailed Summary & Background:
Bids were solicited for a construction project to mill and resurface Keating Ave from Industrial to
Port City, along with necessary casting adjustments and maintenance of traffic. Asphalt Paving,
Inc. provided the low bid. The bid tabulation is attached.
Goal/Focus Area/Action Item Addressed: Sustainability in financial practices and infrastructure.
Amount Requested: $201,664.45 Budgeted Item: Yes ☒ No ☐
Fund(s) or Account(s): 202 (Major Streets) Budgeted Amendment Needed: Yes ☐ No ☒
Recommended Motion:
I move to authorize staff to enter into a contact with Asphalt Paving, Inc. in the amount of $201,664.45
for the resurfacing of Keating Avenue from Industrial Boulevard to Port City Boulevard.
Approvals: Legal Review ☐ Guest(s) Invited / Presenting
Immediate Division Head ☒ Information Technology ☐ Yes ☐
Other Division Heads ☒ Communication ☐ No ☒
BID TABULATION
City of Muskegon Project Engineer: KP/JB Date: 5/31/2023
Egineering Department Project Number: H92324
Project description: Keating, Industrial to Port City
Engineers Estimate Asphalt Paving, Inc Michigan Paving & Mtrl Rieth‐Riley
Line Item Pay Code Description Units Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total
1 1100001 Mobilization, Max LSUM 1 $ 31,556.00 $ 31,556.00 $ 8,400.00 $ 8,400.00 $ 19,840.00 $ 19,840.00 $ 14,700.00 $ 14,700.00
2 2080020 Erosion Control, Inlet Protection, Fabric Drop Ea 16 $ 102.80 $ 1,644.80 $ 100.00 $ 1,600.00 $ 150.00 $ 2,400.00 $ 150.00 $ 2,400.00
3 3062002 Intersection Maintenance Ea 2 $ 2,277.72 $ 4,555.44 $ 750.00 $ 1,500.00 $ 2,555.00 $ 5,110.00 $ 1,000.00 $ 2,000.00
4 4030004 Dr Structure Cover, Adj, Case 1, Modified Ea 9 $ 1,000.00 $ 9,000.00 $ 1,150.00 $ 10,350.00 $ 800.00 $ 7,200.00 $ 800.00 $ 7,200.00
5 4030010 Dr Structure Cover, Type B Ea 9 $ 600.00 $ 5,400.00 $ 500.00 $ 4,500.00 $ 650.00 $ 5,850.00 $ 650.00 $ 5,850.00
6 5010002 Cold Milling HMA Surface Syd 8193 $ 1.53 $ 12,535.29 $ 0.85 $ 6,964.05 $ 3.21 $ 26,299.53 $ 4.00 $ 32,772.00
7 5012025 HMA, 4EML Ton 1820 $ 135.00 $ 245,700.00 $ 86.82 $ 158,012.40 $ 112.00 $ 203,840.00 $ 121.80 $ 221,676.00
8 8120012 Barricade, Type III, High Intensity, Double Sided, Lighted, Furn Ea 2 $ 105.25 $ 210.50 $ 80.00 $ 160.00 $ 80.00 $ 160.00 $ 80.00 $ 160.00
9 8120013 Barricade, Type III, High Intensity, Double Sided, Lighted, Oper Ea 2 $ 21.71 $ 43.42 $ 5.00 $ 10.00 $ 5.00 $ 10.00 $ 5.00 $ 10.00
10 8120170 Minor Traf Devices LSUM 1 $ 5,000.00 $ 5,000.00 $ 9,100.00 $ 9,100.00 $ 8,896.00 $ 8,896.00 $ 7,700.00 $ 7,700.00
11 8120252 Plastic Drum, Fluorescent, Furn Ea 20 $ 30.00 $ 600.00 $ 19.00 $ 380.00 $ 19.00 $ 380.00 $ 19.00 $ 380.00
12 8120253 Plastic Drum, Fluorescent, Oper Ea 20 $ 2.49 $ 49.80 $ 1.00 $ 20.00 $ 1.00 $ 20.00 $ 1.00 $ 20.00
13 8120350 Sign, Type B, Temp, Prismatic, Furn Sft 86 $ 8.10 $ 696.60 $ 5.00 $ 430.00 $ 5.00 $ 430.00 $ 5.00 $ 430.00
14 8120351 Sign, Type B, Temp, Prismatic, Oper Sft 86 $ 0.73 $ 62.78 $ 1.00 $ 86.00 $ 1.00 $ 86.00 $ 1.00 $ 86.00
15 8120352 Sign, Type B, Temp, Prismatic, Spec, Furn Sft 12 $ 11.75 $ 141.00 $ 10.00 $ 120.00 $ 10.00 $ 120.00 $ 10.00 $ 120.00
16 8120353 Sign, Type B, Temp, Prismatic, Spec, Oper Sft 12 $ 1.02 $ 12.24 $ 1.00 $ 12.00 $ 1.00 $ 12.00 $ 1.00 $ 12.00
$ ‐ $ ‐ $ ‐ $ ‐
Total: $ 317,207.87 $ 201,644.45 $ 280,653.53 $ 295,516.00
Page 1 of 1
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 11, 2023 Title: Olthoff Drive Extension Project Change Order
Submitted By: Dan VanderHeide Department: DPW
Brief Summary: Staff is requesting authorization to approve a contact change order with Terra
Excavators, LLC, in the amount of $193,404.00.
Detailed Summary & Background: This project has been delayed significantly from when it was
awarded at the April 25, 2023 Commission meeting. Pipe material delays continue to plague the
project, however close coordination with the adjacent property owner has prevented these delays
from impacting the critical parts of the overall project.
The project, as it was originally designed, required City staff to perform a large portion of the work on
the prison site due to security concerns. As a part of that coordination with the adjacent property
owner, the City’s consulting engineer and the contract worked to find ways to reduce the security
concerns and the City’s direct responsibilities. By raising the road and allowing the sewer to connect
further west in the existing portion Olthoff Drive, the need to enter the prison property for construction
and for maintenance was eliminated. This also eliminated an estimated $166,113 in costs the City
DPW would have incurred by needing to perform work on the prison site.
In effect this change order represents approximately an increase of $27,291 to the project, however
since the contractor will now be performing all of the work, their contract increases by an amount of
$193,404 as shown on the attached spreadsheet. While the original cnotract of $1,043,104.60 was
budgeted in FY24, this change order was not, and a budget reforecast will be included at the next
quarter. The MEDC grant that paid for demolition of the prison and is paying for the utilities in this
project has the funds to pay for this change order, so it will be a revenue-neutral reforecast.
Goal/Focus Area/Action Item Addressed: Sustainability in financial practices and infrastructure.
Amount Requested: $193,404.00 (Additional) Budgeted Item: Yes ☐ No ☒
$1,236,508.60 (Total)
Fund(s) or Account(s): 445 (Public Improvement) Budgeted Amendment Needed: Yes ☒ No ☐
Recommended Motion: I move to authorize staff to approve the change order amount of
$193,404.0 revising the contract amount for the Olthoff Extension contract amount with Terra
Contractors, LLC to 1,236,508.60.
Approvals: Legal Review ☐ Guest(s) Invited / Presenting
Immediate Division Head ☒ Information Technology ☐ Yes ☐
Other Division Heads ☒ Communication ☐ No ☒
City of Muskegon
Olthoff Drive Extension
Utility Alternate
Initial Pending Revised Contract Contract Revised Revised
Item Description Units
Quantity Changes Quantity Unit Price Amount Pricing Amount
Mobilization, Max LS 1 0 1 $45,000.00 $45,000.00 $45,000.00 $45,000.00
Clearing Acre 1 0 0.5 $19,500.00 $9,750.00 $19,500.00 $9,750.00
Sewer, Rem, Less than 24 inch Ft 6 0 6 $50.00 $300.00 $50.00 $300.00
Curb and Gutter, Rem Ft 630 0 630 $8.00 $5,040.00 $8.00 $5,040.00
Fence, Rem Ft 30 0 30 $8.00 $240.00 $8.00 $240.00
Embankment, CIP Cyd 430 0 430 $4.00 $1,720.00 $4.00 $1,720.00
Excavation, Earth Cyd 5489 0 5,489 $4.00 $21,956.00 $4.00 $21,956.00
Machine Grading Sta 33 0 33 $1,650.00 $54,450.00 $1,250.00 $41,250.00
Erosion Control, Silt Fence Ft 1421 0 1,421 $2.00 $2,842.00 $2.00 $2,842.00
Aggregate Base, 6 inch Syd 8709 0 8,709 $15.00 $130,635.00 $15.00 $130,635.00
Sewer, Cl IV, 12 inch, Tr Det A Ft 365 (120) 245 $45.00 $16,425.00 $45.00 $11,025.00
Sewer, Cl IV, 12 inch, Tr Det B Ft 88 465 553 $45.00 $3,960.00 $45.00 $24,885.00
Video Taping Sewer and Culv Pipe Ft 1214 755 1,969 $2.25 $2,731.50 $2.25 $4,430.25
_ Catch Basin, Removal and Relocation Ea 4 (2) 2 $3,800.00 $15,200.00 $3,800.00 $7,600.00
_ Catch Basin, Special, 48 inch dia Ea 4 0 4 $2,100.00 $8,400.00 $2,100.00 $8,400.00
Dr Structure Cover, Adj, Case 1, Modifie Ea 1 0 1 $500.00 $500.00 $500.00 $500.00
Dr Structure Cover, Type K , Modified Ea 16 0 16 $500.00 $8,000.00 $500.00 $8,000.00
_ Leaching Basin, 72 inch dia Ea 10 0 10 $9,400.00 $94,000.00 $9,400.00 $94,000.00
_ Sanitary Manhole Cover Ea 3 1 4 $750.00 $2,250.00 $750.00 $3,000.00
Underdrain, Subgrade,Open-Graded, 12in Ft 876 0 876 $63.00 $55,188.00 $63.00 $55,188.00
HMA Surface, Rem Syd 1824 0 1,824 $3.00 $5,472.00 $3.00 $5,472.00
HMA, 4EML Ton 1763 0 1,763 $99.70 $175,771.10 $99.70 $175,771.10
Curb and Gutter, Conc, Det F4 Ft 3346 0 3,346 $21.00 $70,266.00 $21.00 $70,266.00
Post, Steel, 3 lb Ft 120 0 120 $10.00 $1,200.00 $10.00 $1,200.00
Sign, Type III, Erect, Salv Ea 2 0 2 $85.00 $170.00 $85.00 $170.00
Sign, Type III, Rem Ea 2 0 2 $60.00 $120.00 $60.00 $120.00
Sign, Type IIIB Sft 43 0 43 $23.00 $989.00 $23.00 $989.00
Reflect Pan for Perm Sign Supprt, 6 foot Ea 4 0 4 $60.00 $240.00 $60.00 $240.00
Pavt Mrkg, Waterborne, 4 inch, Yellow Ft 2954 0 2,954 $1.00 $2,954.00 $1.00 $2,954.00
Gate Valve and Box, 8 inch Ea 6 (1) 5 $1,600.00 $9,600.00 $1,600.00 $8,000.00
Gate Valve and Box, 12 inch Ea 1 0 1 $4,500.00 $4,500.00 $4,500.00 $4,500.00
Water Main, 8 inch, Cut and Plug Ea 6 (1) 5 $1,100.00 $6,600.00 $1,100.00 $5,500.00
Live Tap, 12 inch by 16 inch Ea 1 0 1 $11,000.00 $11,000.00 $11,000.00 $11,000.00
Gate Box, Adj, Case 1 Ea 1 0 1 $750.00 $750.00 $750.00 $750.00
Water Main, DI, 12 inch, Tr Det G Ft 1355 0 1,355 $70.00 $94,850.00 $70.00 $94,850.00
Water Main, DI, 8 inch, Tr Det G Ft 422 (44) 378 $60.00 $25,320.00 $60.00 $22,680.00
_ Bend, 12 inch, 22.5 Degree, DI MJ Ea 2 0 2 $1,000.00 $2,000.00 $1,000.00 $2,000.00
_ Bend, 12 inch, 45 Degree, DI MJ Ea 22 0 22 $1,400.00 $30,800.00 $1,400.00 $30,800.00
_ Hydrant, 6 inch, Standard Ea 6 0 6 $1,500.00 $9,000.00 $1,500.00 $9,000.00
Hydrant, Rem , Modified Ea 1 0 1 $1,900.00 $1,900.00 $1,900.00 $1,900.00
_ Reducer, 12 inch x 8 inch, DI MJ Ea 1 0 1 $800.00 $800.00 $800.00 $800.00
_ Tee,12 inch x 6 inch, DI MJ Ea 6 0 6 $1,600.00 $9,600.00 $1,600.00 $9,600.00
_ Tee, 12 inch x 8 inch, DI MJ Ea 5 (1) 4 $1,650.00 $8,250.00 $1,650.00 $6,600.00
_ Tee, 16 inch x 12 inch, DI MJ Ea 1 0 1 $2,800.00 $2,800.00 $2,800.00 $2,800.00
Sanitary Sewer, PVC, 8 inch, Tr Det B2 Ft 127 0 127 $45.00 $5,715.00 $45.00 $5,715.00
Sanitary Sewer, PVC, 12 inch, Tr Det B2 Ft 650 414 1,064 $110.00 $71,500.00 $110.00 $117,040.00
Sanitary Structure, 48 inch dia Ea 3 1 4 $3,800.00 $11,400.00 $3,800.00 $15,200.00
Sanitary Structure Cover, Adj, Case 2 Ea 1 0 1 $950.00 $950.00 $950.00 $950.00
Gate Valve and Box, 10 inch Ea 0 1 1 $ - $ - $ 4,200.00 $ 4,200.00
Water main, DI, 10 inch, Tr Det G Ft 0 44 44 $ - $ - $ 125.00 $ 5,500.00
Water main, DI ,10 inch, Cut and Plug Ea 0 1 1 $ - $ - $ 1,600.00 $ 1,600.00
Tee, 12 inch x 10 inch, DI MJ Ea 0 1 1 $ - $ - $ 2,200.00 $ 2,200.00
Sand Import Cyd 0 4,000 4,000 $ - $ - $ 16.00 $ 64,000.00
Sanitary Bypass Ea 0 1 1 $ - $ - $ 24,500.00 $ 24,500.00
Access Road Syd 0 1,500 1,500 $ - $ - $ 20.00 $ 30,000.00
Sanitary doghouse manhole ea 0 1 1 $ - $ - $ 6,500.00 $ 6,500.00
Traffic ea 0 1 1 $ - $ - $ 3,280.00 $ 3,280.00
Construction water supply lf 0 1,100 1,100 $ - $ - $ 11.00 $ 12,100.00
$1,043,104.60 $1,236,508.35
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 11, 2023 Title: Shoreline Drive Pilot Phase II
Submitted By: Dan VanderHeide Department: DPW
Brief Summary:
Authorize staff to spend up to $56,000 for the implementation of the second phase of the Shoreline
Drive Traffic Pilot, including authorizing staff to enter into contracts with Give ‘Em a Brake Safety
and Barry’s Greenhouses for $20,890 and $14,000 respectively.
Detailed Summary & Background:
At the work session meeting on June 12, 2023, staff presented options for the implementation of the
second phase of the Shoreline Drive Traffic Pilot. This phase is intended to be longer and more
representative of the summer and event season than the first phase was last fall.
Commission expressed support for the pilot, as well as for some “imagination stations” that would call
to mind what the next version of Shoreline Drive could look like. As discussed at the meeting, those
stations will include landscaping along the corridor, and could include a section of parking near the
Arena and/or Farmer’s Market, street art at intersections or elsewhere, and additional stations if
community partners are interested in participating (such as a temporary or faux bus stop).
The traffic control and data collection will be set up as quickly as possible in order to obtain data in July
of 2023 and make more direct comparisons to our baseline data from July of 2022. The imagination
items will be deployed as soon as they are available. In summary of the costs:
• Traffic control contract with Give ‘Em a Brake Safety: $20,890.00 (See Attached)
• Landscaping by Barry’s Greenhouses: $14,000 Quote Plus $6,000 Contingency (See Attached)
• Supplies and Labor for Street Artwork: $5,000
• Miscellaneous Imagination Station Supplies & Labor: $10,000
The total as presented here and discussed at the work session is $56,000 based on the two attached
quotes and efforts to assemble the imagination stations.
Goal/Focus Area/Action Item Addressed:
Designation Community & Quality of Life / Improved Access to the Waterfront
Financial Infrastructure / Decrease infrastructure burden on residents
Amount Requested: $56,000 Budgeted Item: Yes ☒ No ☐
Fund(s) or Account(s): 202 (Major Streets) Budgeted Amendment Needed: Yes ☐ No ☒
Recommended Motion:
I move to authorize staff to spend up to $56,000 for the implementation of the second phase of the
Shoreline Drive Traffic Pilot, including authorizing staff to enter into contracts with Give ‘Em a
Brake Safety and Barry’s Greenhouses for $20,890 and $14,000 respectively.
Approvals: Legal Review ☐ Guest(s) Invited / Presenting
Immediate Division Head ☒ Information Technology ☐ Yes ☐
Other Division Heads ☒ Communication ☒ No ☒
PROJECT: CITY OF MUSKEGON SHORELINE DRIVE ROAD DIET
COUNTY: MUSKEGON
BID DATE: 08/30/2022
NO. DESCRIPTION QUANTITY UNIT PRICE TOTAL PRICE
LOCATION: SHORELINE DRIVE STAGE 3 MUSKEGON CO
- TRAFFIC CONTROL 1.00 LS 20,890.00 20,890.00
INCLUDES ITEMS AND SIGNAGE LISTED BELOW FOR CLOSING THE RIGHT LANE IN BOTH DIRECTIONS ON
SHORELINE DR ALL AS SHOWN IN THE PLAN SHEETS, AND GIVE 'EM A BRAKE SAFETY'S MOBILIZATION TO
INSTALL ALL SIGNAGE ON POSTS, CLOSE THE LANES AFTER SIGN INSTALLATION, AND REMOVE
EVERYTHING WHEN COMPLETE IN NOVEMBER 2023.
LIGHTED ARROW, TYPE C, FURN 2.00 EA
LIGHTED ARROW, TYPE C, OPER 2.00 EA
(INCLUDES ALL COSTS ASSOCIATED WITH OPERATING ARROW INCLUDING REPLACEMENT PARTS)
PLASTIC DRUM, FLUORESCENT, FURN 175.00 EA
PLASTIC DRUM, FLUORESCENT, OPER 175.00 EA
SIGN, TYPE B, TEMP, PRISMATIC, FURN 850.00 SFT
SIGN, TYPE B, TEMP, PRISMATIC, OPER 850.00 SFT
SIGN, TYPE B, TEMP, PRISMATIC, SPECIAL, FURN 60.00 SFT
SIGN, TYPE B, TEMP, PRISMATIC, SPECIAL, OPER 60.00 SFT
Prices are based on a completion date of November 14, 2023, or 18 weeks or sooner. Any traffic control equipment used beyond November 14, 2023 will
be billed to the contractor on a daily rental basis.
ADDITIONAL COMMENTS:
** Traffic Control Devices missing from project will be invoiced additionally at GEBS replacement cost.
** Staking for the locations of temporary and permanent signage is the responsibility of the contractor.
** If you would like a quote for Give 'Em A Brake to provide the temporary sign staking please call for a quote to do so.
** Only the principal contractor has sufficient control and information to determine the actual use of the traffic control equipment and the day-to-day
set-up, alignment, weighting down, l locating/relocating of the traffic control equipment shall be the sole responsibility of the principal contractor. Give 'Em
a Brake Safety shall have no obligation to indemnify, defend, or hold harmless the principal project contractor or the Department of Transportation from
any claims, liabilities, or obligations arising out of the use/misuse of the traffic control equipment, excepting those claims, if any, arising out of the sole
negligence of Give 'Em a Brake Safety.
** The removal, repositioning, and/or relocating of any permanent signs will be the responsibility of the contractor unless specific line items for payment
have been included in Give 'Em a Brake Safety's quote.
** Final quantities for traffic control must be approved by Give 'Em a Brake Safety.
** This quote is exempt from bonds and dues.
** Give 'Em A Brake Safety LLC is an Equal Opportunity Employer.
If you have questions regarding this quote, please call Chris Heyboer at (616) 531-8705 or email at cheyboer@gebsafety.com.
Page 1/1
Estimate
Barry's Greenhouse Estimate Number: E230612960
3000 Whitehall Estimate Date: 06/12/2023
North Muskegon, MI 49445 Payment Terms: Payment 7 days after
Mobile Phone: 231-740-4651 invoice date
mcarlton@wheelfishgroup.com Estimate Amount: 14,000.00
Created By: Matt Carlton
Bill To Ship To
City of Muskegon-Todd City of Muskegon-Todd
Item # Item Name Quantity Taxable Total
1549 Large Flowerpot 40.00 14,000.00
Comments: Subtotal: $ 14,000.00
Estimate Amount $ 14,000.00
Thank you for your business. It is our pleasure to serve you!
Barry's Greenhouses is locally owned and operated, and we are
proud to call Muskegon our home! If you choose to pay by
check, please make check payable to Barry's Greenhouses.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 11th 2023 Title: Splashpad RFQ/RFP
Submitted By: Kyle Karczewski Department of Public Works
Brief Summary:
Staff requests authorization to issue a request for qualifications/proposals to replace the downtown
splash pad.
Detailed Summary & Background:
During the summer of 2022 the downtown splash pad was subject to frequent breakdowns and
disruptions in service. An extensive amount of resources were put towards the project on numerous
occasions to provide what little operational use the site was able to provide in 2022. Late in 2022 the
system failed again and it was determined in the best interest to close it for the remainder of the year.
The Parks irrigation staff have created a temporary fix to provide this amenity to our residents for the
summer of 2023 to hopefully get us through the season but this is not a permanent solution.
Staff is requesting approval to issue the attached request for qualifications to begin the next phase of
this project which will start to envision a long term replacement for the site. Proposals received
through the RFQ process will be reviewed and shortlisted by a team of stakeholders and then
presented to the Commission and Public for additional feedback. Construction of a new site for use in
2024 is the expectation.
The Michigan Spark Grant has awarded the City of Muskegon $250,000 with an additional donation of
$50,000 from Howmet to help with upgrades to the splash pad and replacement of the “Alcoa
Celebration Square” sign.
The previous RFP for this project was developed prior to the receiving the Spark grant. This proposal
is being created to fit into the awarded grant amount.
Goal/Focus Area/Action Item Addressed:
Destination Community & Quality of Life / Enhanced Parks & Recreation Department and Services
Amount Requested: N/A Amount Budgeted: $290,000
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion:
Authorize staff to issue a request for qualifications for the replacement of the downtown splash pad.
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:
CITY OF MUSKEGON
REQUEST FOR QUALIFICATIONS / PROPOSALS
PROJECT NAME: Splash Pad Reconstruction
DATE OF ISSUANCE: July 11th 2023
DATE PROPOSAL DUE: August 17th 2023
ISSUING OFFICE: City of Muskegon
c/o – Kyle Karczewski
1350 East Keating Avenue
Muskegon, MI 49442
Tel. (231) 724-6776
1
TABLE OF CONTENTS
PROPOSAL & AWARD .................................................................................................... 3
INSTRUCTIONS TO BIDDERS ....................................................................................... 4
SPECIFIC PROJECT INFORMATION.......................................................................... 6
CONTENTS OF PROPOSAL ........................................................................................... 8
EVALUATION ................................................................................................................... 8
TENTATIVE SCHEDULE FOR AWARD ...................................................................... 9
INSRUANCE REQUIREMENTS ..................................................................................... 10
ATTACHMENT A – PROJECT VICINITY MAP
Note: Should any of the pages or documents listed above be missing from your packet, or if you
have any questions regarding this RFP, please contact Kyle Karczewski at the City of Muskegon
via (231) 724-6776 or via E-mail at kyle.karczewski@shorelinecity.com
2
PROPOSAL & AWARD
The undersigned having become thoroughly familiar with and understanding of all the proposal
documents attached hereto, agrees to provide the services as specified herein, for the total fees as
stipulated herein, subject to negotiation.
I hereby state that all of the information I have provided is true, accurate and complete. I hereby
state that I have authority to submit this proposal which will become a binding contract if
accepted by the City of Muskegon.
I hereby state that I have read, understand and agree to be bound by all of the terms of this
proposal document.
Signature _____________________________ Title ________________________
Print Name ____________________________ Date ________________________
Firm Name
Address
Telephone No.
E-Mail
Fax No.
3
INSTRUCTIONS TO BIDDERS
QUALIFITCATIONS / PROPOSALS
All proposals must be submitted following the proposal format supplied by the City of
Muskegon in this document and shall be subject to all requirements of this document.
The City may consider as irregular any proposal in which there is an alteration of or departure
from the format stated in the documents, and at its option may reject the same.
Each bidder will include in their qualifications/proposal submittal a listing of comparable
splashpad projects and the names of any proposed sub-consultant/contractor and the name and
address of each office which may be involved in the project.
Before executing any subcontract, the successful firm shall submit the name and principals of
any proposed subcontractor for prior approval.
SUBMITTAL OF QUALIFICATIONS / PROPOSALS
Three (3) copies of the proposal documents shall be submitted in a sealed envelope:
City of Muskegon
Attn: Clerk’s Office
RE: Skate Park
933 Terrace Street
Muskegon, MI. 49440
The envelope shall be clearly marked on the exterior denoting the name of the firm submitting
the proposal and the name of the particular RFP for which the proposal is offered.
The proposals shall be submitted by no later than 2:00 PM on Thursday, August 17th, 2023.
AWARD / REJECTION OF QUALIFICATIONS / PROPOSALS
The City reserves the right to reject any and all qualifications/proposals and to waive any
irregularity in proposals received whenever such rejection or waiver is in the best interest of the
City. The bidder to whom the award is made will be notified at the earliest possible date. All
bidders submitting proposals will be notified when the award is made.
Award will not be completed until confirmed and recommended by the City Commission.
4
CITY RESPONSIBILITIES
The City of Muskegon will provide information as to the City’s requirements for the project and
make available pertinent information which may be useful in the project work.
The City will designate a person to act as the City’s Project Manager (Kyle Karczewski) with
respect to the work to be performed. Such person will have the authority to transmit instructions,
receive information, interpret and define the City’s policies and decisions with respect to
elements pertinent to the project.
The City will examine all studies, reports, estimates, proposal, and other documents prepared by
the bidder and render in writing, if necessary, decisions pertinent thereto within a reasonable
time.
The City will direct the consultant in writing to begin the work on each phase of the project upon
receipt of written evidence from the firm of the appropriateness of such action.
The City will direct the bidder in writing to furnish any special services, sub-consultants and/or
extra work that may be required on the project upon receipt of written evidence from the firm
detailing as to cost, time schedule, and reason for such special service or extra work.
5
SPECIFIC PROJECT INFORMATION
INTRODUCTION TO PROJECT
The City of Muskegon is seeking qualifications/proposals from qualified companies to design
and construct a new splash pad to replace the existing splash pad located in the 200 Block of
West Western Avenue adjacent to the City Farmers Market, the Post Office and Alcoa Square.
Approximate Location - https://goo.gl/maps/SDBbbc9SyiQWZjy59
The existing splash pad is in need of replacement and the City is requesting that companies
provide the following documents as a part of this RFQ/RFP related to the replacement of the
existing facility:
Site specific conceptual design including renderings and site amenities as necessary to
properly convey the proposed design for the site.
Full turnkey cost estimate for the demolition of the existing site and construction of the
new facility. Inclusive of any administration, permitting, and other soft costs.
A conceptual project schedule based on receiving a notice to proceed in October 2023.
Plans for the existing splash pad and site are included as an attachment to this document for
reference along with an aerial view of the site showing the approximate existing public utility
features of the site. Pictures can be provided upon request for interested firms that are unable to
visit the site in person.
Site Design Considerations
Proposed site design cannot permanently impact the surrounding amenities including seat
walls, art work, landscaping, trees, etc…
Design should be at least as large as the existing splash pad which is approximately a 40
FT diameter circle (1,250 SFT). Designs can be larger to utilize more of the surrounding
space provided there are no impacts to the adjacent features.
The City of Muskegon anticipates prioritizing a larger splash pad over a high number of
above-ground features, to the extent this can be accomplished within the context of a
complete and holistic design concept.
Design should be geared towards all ages of youth use.
The design must be universally accessible.
6
The design should be based on a non-recirculating system. The existing system was
designed for recirculation and later converted to non-recirculating. The design should
include an estimated annual water usage for purposes of estimating the operating costs.
City is requesting turnkey cost proposals for this project in the range of $290,000.
The proposal should include a conceptual schedule for the project based on a notice to
proceed in October 2023 and identifying a target date that the site could be operational.
Questions on the above phasing can be submitted to Kyle Karczewski via email
(kyle.karczewski@shorelinecity.com). Questions received prior to Thursday, August 10th, 2023
will receive a response prior to the acceptance of the RFP. Requests received after that date will
receive a response pending staff availability.
7
CONTENTS OF QUALIFICATIONS/PROPOSAL SUBMITTAL
At a minimum, each submittal shall include the following items:
CONCEPTUAL DESIGN RENDERINGS
Presentation quality, site specific design renderings showing the general layout of the site from
various views. Renderings should be set to convey a clear and concise conceptual layout;
highlight the overall size of the splash pad; how the proposed design fits into the existing site;
specific noteworthy features/amenities of the site; and options for color schemes.
TURNKEY COST ESTIMATE
Provide a cost estimate for the full scope of the project inclusive of all features needed from start
to finish on the project. City has identified a target cost of $290,000 for the project and will
provide additional scoring points to projects that can deliver a successful project below that
threshold.
PROJECT SCHEDULE
It is a priority of the City of Muskegon to have this project completed and functional by
Memorial Day weekend 2024.
EVALUATION
Staff and Stakeholders will review the submitted qualifications/proposals and make a
recommendation to the City Commission based on a qualifications-based selection.
8
TENTATIVE SCHEDULE
Issue RFP ...................................................................July 11th, 2023
Proposal Due Date .....................................................August 17th, 2023
Staff / Stakeholder Proposal Scoring .........................August 17th – October 5th, 2023
City Commission Consideration of Bids ...................October 2023
Notice to Proceed .......................................................October 2023
Construction Completion (Including Start Up)..........May 22, 2024
9
INSURANCE REQUIRMENTS
The Bidder will be required to comply with the following insurance and indemnity requirements
BEFORE ANY AGREEMENTS CAN BE EXECUTED:
a. Hold Harmless Agreements: To the fullest extent permitted by law, Vendor agrees to
defend, pay on behalf of, indemnify, and hold harmless the City, its elected and appointed
officials, employees, volunteers and others working on behalf of the City against any and
all claims, demands, suits, or loss, including any costs connected therewith, and for any
damages which may be asserted, claimed or recovered against or from the City, its
elected and appointed officials, employees, volunteers, or others working on behalf of the
City, by reason of personal injury, including bodily injury and death, property damage,
including loss of use thereof, and/or the effects of or release of toxic and/or hazardous
material which arises out of or is in any way connected or associated with this contract.
The obligation to defend and hold harmless extends to Consultant’s employees, agents,
subcontractors, assigns and successors.
b. Vendor Insurance Requirements: Vendor shall not commence work under this contract
until obtaining the insurance required under this paragraph. All coverage shall be with
insurance companies licensed and admitted to do business in the State of Michigan and
Best Rated A VIII. All coverage shall be with insurance carriers acceptable to the City.
.
c. Workers' Compensation Insurance: The Vendor shall procure and maintain during the
life of this contract, Workers' Compensation Insurance, including Employer's Liability
coverage, in accordance with all applicable Statutes of the State of Michigan.
d. General Liability Insurance: The Vendor shall procure and maintain during the life of
this contract, commercial General Liability Insurance on an "Occurrence Basis" with
limits of liability not less than $1,000,000 per occurrence and/or aggregate combined
single limit, Personal Injury, Bodily Injury and Property Damage. Coverage shall include
the following extensions: (a) Contractual Liability; (b) Products and Completed
Operations; (c) Independent Contractor's Coverage; (d) Broad Form General Liability
Extensions or equivalent.
e. Motor Vehicle Liability: The Vendor shall procure and maintain during the life of this
contract Motor Vehicle Liability Insurance, including Michigan no-fault coverage, with
limits of liability of not less than $1,000,000 per occurrence or combined single limit
Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all non-
owned vehicles and all hired vehicles.
10
f. Professional Liability Insurance: The Vendor shall procure and maintain during the life
of this contract and during the performance of all services Professional Liability
Insurance covering all performances from the beginning of the consultant's services on a
"claims made basis" and shall maintain coverage from commencement of this contract
until six (6) months following completion of the consultant's work with limits of liability
not less than $500,000 per claim. This section is only applicable for RFP’s requesting
professional services (Architect, Engineer, etc…)
g. Additional Insured: Commercial General Liability and Motor Vehicle Liability
Insurance, as described above, shall include an endorsement stating the following shall be
"Additional Insured": The CITY OF MUSKEGON, all elected and appointed officials,
all employees and volunteers, all boards, commissions and/or authorities and board
members, including employees and volunteers thereof.
h. Cancellation Notice: Workers' Compensation Insurance, General Liability Insurance,
Motor Vehicle Liability Insurance, and Professional Liability Insurance, as described
above, shall include an endorsement stating the following: "It is understood and agreed
that Thirty (30) Days Advance Written Notice of Cancellation, Non-Renewal, Reduction
and/or Material Change shall be sent to: CITY OF MUSKEGON ENGINEERING
DEPARTMENT.
i. Proof of Insurance Coverage: The Consultant shall provide the City at the time the
contracts are returned by him for execution, certificates and policies as listed below:
1. Two (2) copies of Certificate of Insurance for Workers' Compensation Insurance
2. Two (2) copies of Certificate of Insurance for Commercial General Liability
Insurance
3. Two (2) copies of Certificate of Insurance for Vehicle Liability Insurance
4. Two (2) copies of Certificate of Insurance for Professional Liability Insurance
5. If so requested, certified copies of all policies mentioned above will be furnished.
If any of the above coverage expires during the term of this contract, the Consultant shall
deliver renewal certificates and/or policies to the City at least ten (10) days prior to the
expiration date.
11
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 11, 2023 Title: Lot Sale – 1690 Creston St
Submitted By: Mike Franzak Department: Planning
Brief Summary: Staff is seeking authorization to sell the City owned, 1.7-acre lot at 1690 Creston
St to Excalibur Company, which operates an industrial business adjacent to the parcel.
Detailed Summary & Background: The lot formerly contained the defunct communications tower
and two small equipment sheds. The City usually asks for 30% of the true cash value for a lot. The
true cash value of the lot is $30,000 (75%=$22,500). Staff received an estimate to remove the
tower and sheds at a cost of $23,500. The purchase agreement was written as to convey the
property to the buyer as long as the tower and sheds were removed from the property within 60
days. However, the buyer was mistaken when he signed the purchase agreement and removed
the tower from the site on June 27. After becoming aware, staff instructed the buyer to not remove
the sheds at this time. The property owner intends to construct a building addition once the
property is purchased.
Goal/Focus Area/Action Item Addressed: Goal 2- Economic Development, Housing and Business.
Amount Requested: N/A Budgeted Item: N/A
Yes No
Fund(s) or Account(s): N/A Budget Amendment Needed: N/A
Yes No
Recommended Motion: To approve the lot sale request and authorize the Mayor and Clerk to sign
the real estate purchase agreement.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 11, 2023 Title: Updated EGLE Loan Resolutions for
Shaw Walker and Harbor 31
Submitted By: Contessa Alexander Department: Economic Development
Brief Summary:
EGLE has requested that the EGLE loan resolutions for both Shaw Walker and Harbor 31 be
updated.
Detailed Summary & Background:
EGLE loan applications and supporting documents have been submitted to EGLE for both the
Shaw Walker Project and Harbor 31. Our EGLE representative has requested that we include in
both resolutions that the local unit of government commits to repaying the loan.
The resolutions for both Harbor 31 and Shaw Walker have been approved at the City
Commissions meeting held on June 27, 2023.
Goal/Focus Area/Action Item Addressed: DESTINATION COMMUNITY & QUALITY OF LIFE,
ECONOMIC DEVELOPMENT, HOUSING, AND BUSINESS
Amount Requested: N/A Budgeted Item:
Yes No
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No
Recommended Motion: I move to approve the attached updated resolutions for the EGLE
Brownfield Loan applications on behalf of the City of Muskegon and the Downtown Development
authorizing the Mayor and Clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
City of Muskegon
RESOLUTION OF SUPPORT to
APPLY FOR A LOAN TO BE USED AT
965 W. WESTERN AVE., 920 & 930 WASHINGTON AVE. -Parkland Properties of Michigan
WHEREAS, Downtown Development Authority will apply for a Michigan Department of Environment,
Great Lakes, and Energy (EGLE) Brownfield Redevelopment Loan in the amount of $1,000,000, to
support real estate rehabilitation project at 965 W. WESTERN AVE., 920 & 930 WASHINGTON AVE,
Parkland Properties of Michigan; and
WHEREAS, the purpose of the EGLE Brownfield Loan is to provides grants and loans to communities
through its Brownfield Redevelopment Grant and Loan program to encourage reuse of brownfield
properties by funding environmental response activities; and
WHEREAS, Downtown Development Authority will enter into a Loan Agreement with EGLE to borrow
$1,000,000 to 965 W. WESTERN AVE., 920 & 930 WASHINGTON AVE; and
WHEREAS the Downtown Development Authority and the City of Muskegon commits to repaying the
loan; and
WHEREAS, the real estate rehabilitation projects are key to meeting the ongoing housing needs of our
community; and
NOW, THEREFORE LET IT BE RESOLVED, that Muskegon City Commissioners hereby authorizes the
application of a loan in the amount of $1,000,000 to be used at 965 W. WESTERN AVE., 920 & 930
WASHINGTON AVE.
Ayes:
Nayes:
Absent:
Motion Approved.
I HEREBY CERTIFY, that the foregoing is a Resolution duly make and passed by Eleventh- Day of July at
their regular meeting held on Tuesday, July 11, 2023, at 5:30 p.m. in the City of Muskegon Commission
Chambers (933 Terrace Street, 49440), with a quorum present
________________________________ Dated: ________________________
Ken Johnson, Mayor
________________________________ Dated: ________________________
Ann Marie Meisch, City Clerk
City of Muskegon
RESOLUTION OF SUPPORT to
APPLY FOR A LOAN TO BE USED AT
The Meadows and The Commons- Harbor 31 Redevelopment
WHEREAS, City of Muskegon will apply for a Michigan Department of Environment, Great Lakes, and
Energy (EGLE) Brownfield Redevelopment Loan in the amount of $1,000,000, to support real estate
rehabilitation project at The Meadows and The Commons, The Meadows LLC; and
WHEREAS, the purpose of the EGLE Brownfield Loan is to provides grants and loans to communities
through its Brownfield Redevelopment Grant and Loan program to encourage reuse of brownfield
properties by funding environmental response activities; and
WHEREAS, the City of Muskegon will enter into a Loan Agreement with EGLE to borrow $1,000,000 to
The Meadows LLC; and
WHEREAS, the City of Muskegon commits to repaying the loan; and
WHEREAS, the real estate rehabilitation projects are key to meeting the ongoing housing needs of our
community; and
NOW, THEREFORE LET IT BE RESOLVED, that Muskegon City Commissioners hereby authorizes the
application of a loan in the amount of $1,000,000 to be used at The Meadows and The Commons.
Ayes:
Nayes:
Absent:
Motion Approved.
I HEREBY CERTIFY, that the foregoing is a Resolution duly make and passed by Eleventh- Day of July at
their regular meeting held on Tuesday, July 11, 2023, at 5:30 p.m. in the City of Muskegon Commission
Chambers (933 Terrace Street, 49440), with a quorum present
________________________________ Dated: ________________________
Ken Johnson, Mayor
________________________________ Dated: ________________________
Ann Marie Meisch, City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 11, 2023 Title: Amendment to Sale of 754 Leonard Ave
Submitted By: Jonathan Seyferth Department: Manager’s Office
Brief Summary: Staff is seeking approval for an amendment to the purchase agreement for the
sale of 754 Leonard Avenue.
Detailed Summary & Background: Due to delays in construction, the closing date for the sale of
this home has been shifted multiple times which has caused negative impacts on the mortgage
interest rate of the buyer. The amendment changes the amount of proceeds the city will receive
from the sale. The sale price remains at $220,000, and now the city is agreeing to contribute
$8,000 toward the buyer’s closing costs. The original agreement (approved on November 22,
2022) had no seller’s concession included. Staff recommends approving the amendment to
ensure the buyer can move forward with the purchase. There is certainly risk that the buyer will
walk away from the sale if the amendment is not approved.
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.
Amount Requested: $0 Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: to approve the amendment to the purchase agreement for 754 Leonard
Avenue.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
dotloop signature verification: dtlp.us/l1I9-fbUr-NBAP
WEST MICHIGAN REGIONAL
ADDENDUM TO PURCHASE AGREEMENT
MLS # Date: 07/05/2023 (time)
ocrawford21@gmail.com
Selling Office TLK Realtors , REALTOR® Phone 231-736-0311 Email
James@TLKREALTORS.com
Listing Office TLK Realtors , REALTOR® Phone 231-760-9015 Email
1. Addendum # 3 to Purchase Agreement dated 11/14/2022 covering property at
754 Leonard Avenue, Muskegon, MI 49442
2. This Addendum shall be an integral part of the Purchase Agreement, which is amended as follows:
Additional Buyer name to be added to the sale is Thelma Blackshire.
The buyer's correct spelling of name is Nicole Rene Blackshire.
Closing to occur no later than Friday July 14, 2023.
The sellers' concessions to the buyers are not to exceed $8,000.00.
3. The Seller Buyer (check one) gives the above-named REALTOR® 1 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.
Nichol Renae Blackshire
dotloop verified
Date X
07/05/23 4:16 PM EDT
Z6DB-JOSI-ZGSJ-CH17 Buyer
(Note: Please sign as you wish your name to appear on final papers.)
Thelma Blackshire
dotloop verified
07/06/23 10:56 AM EDT
X CK0G-K0JQ-BHIQ-NWA7 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
Date
07/06/23 10:57 AM EDT
X 6EDH-Y3U2-VAPJ-VYBZ 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
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 11, 2023 Title: Gaming Resolution –
Friends of Art
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: Friends of Art is requesting Recognition as non-profit in the City of Muskegon for
the purpose of obtaining a charitable gaming license
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Action Item 2022 – 1.4 Proceed with events and activities
Amount Requested: n/a Amount Budgeted: n/a
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the request from Friends of Art to be recognized as a non-
profit in the City of Muskegon for the purpose of obtaining a charitable gaming license.
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:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 11, 2023 Title: Public Hearing –
Establishment of a
Commercial Redevelopment
District – 420 S. Harvey
Rental and Storage LLC
Submitted By: Contessa Alexander Department: Economic
Development
Brief Summary:
420 S. Harvey Rental & Storage LLC, has requested the establishment of a Commercial Redevelopment
District at 420 S. Harvey. The creation of the district will allow the building owner to apply for a Commercial
Facilities Exemption Certificate. The Commercial Facilities Exemption Tax freezes the taxable value of
the building and exempts the new investment from local taxes.
Detailed Summary & Background:
Most recently this property was used by Sons of Norway and built in 1948. The sq ft of the property
is about 10,754. 420 Harvey Holdings LLC (the company), intends to redevelop this property for
retail. The total cost of rehabilitation will be $3,000,000, with 150 new jobs, 50 retained jobs, and
100 construction jobs.
The owner is seeking a Commercial Facilities Exemption Certificate for Phase 1 of development
which will include a marijuana retailer, marijuana consumption lounge, restaurant/ bar, and outdoor
hospitality venue.
Goal/Focus Area/Action Item Addressed: ECONOMIC DEVELOPMENT, HOUSING, AND BUSINESS
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To close the public hearing and approve the Establishment of the
Commercial Redevelopment District at 420 S. Harvey authorizing the Mayor and City Clerk to sign
the resolution.
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:
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE CREATION OF A COMMERCIAL REDEVELOPMENT DISTRICT
420 S. Harvey
WHEREAS, Pursuant to PA 255 of 1978, the City of Muskegon has the authority to establish “Commercial
Redevelopment District” within the City of Muskegon at request of a commercial business enterprise or
on its own initiative and;
WHEREAS, Harvey Rental & Storage has requested in writing for the City to establish a Commercial
Redevelopment District at 420 S. Harvey in a letter dated on June 19, 2023; and
WHEREAS, the City Commission of the City of Muskegon determined that the district meets the requirements
set forth in section 5 of PA 255 of 1978; and
WHEREAS, the creation of this district is calculated to and will have the reasonable likelihood to retain, create,
or prevent the loss of employment in Muskegon, Michigan; and
WHERAS, the building at this location is at least 15 years old; and
WHEREAS, a Public Hearing was held on July 11, 2023 at which the applicant, the assessor and
representatives of the affected taxing units were given written notice and were afforded an opportunity
to be heard;
NOW, THEREFORE, BE IT RESOLVED, the City Commission of Muskegon does hereby establish a
“Commercial Redevelopment District” for the property at 420 S. Harvey on the following described
parcel of real property:
CITY OF MUSKEGON SEC 22 T10N R16W W 436 FT OF N 400 FT OF SW 1/4 OF NW 1/4 EXC N 33 FT &
W 33 FT FOR ROAD ROW
Adopted this 11th Day of July 2023
Ayes:
Nays:
Absent:
BY: __________________________________
Ken Johnson
City Mayor
ATTEST: __________________________________
Ann Meisch
City Clerk
7/5/2023
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on July 11, 2023.
______________________________
Ann Meisch
Clerk
7/5/23
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 11, 2023 Title: Public Hearing –
Request for a Commercial
Facilities Exemption
Certificate – 420 S. Harvey
Rental and Storage LLC
Submitted By: Contessa Alexander Department: Economic
Development
Brief Summary:
420 S. Harvey Rental & Storage LLC, has requested a Commercial Facilities Exemption Certificate 420 S.
Harvey.
Detailed Summary & Background:
Contingent to the approval of a Commercial Redevelopment District, 420 S. Harvey Rental &
Storage LLC has requested a Commercial Facilities Exemption Certificate for the property at 420
S. Harvey. The owner plans to redevelop this property and bring a new cannabis business
Cannary. The total cost of rehabilitation will be $3,000,000, with 150 new jobs, 50 retained jobs,
and 100 construction jobs.
The owner is seeking a Commercial Facilities Exemption Certificate for Phase 1 of development
which will include a marijuana retailer, marijuana consumption lounge, restaurant/ bar, and outdoor
hospitality venue. The Tax Abatement Committee met on July 6, 2023 to score this application and
send along their recommendation to City Commission.
Goal/Focus Area/Action Item Addressed: ECONOMIC DEVELOPMENT, HOUSING, AND BUSINESS
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To close the public hearing and approve the Commercial Facilities
Exemption Certificate at 420 S. Harvey authorizing the Mayor and City Clerk to sign the resolution.
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:
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF A COMMERCIAL FACILITIES EXEMPTION CERTIFICATE
420 S. Harvey Rental & Storage
WHEREAS, the City of Muskegon legally established the Commercial Redevelopment District, after a
public hearing held on July 11, 2023; and
WHEREAS, the state equalized value of the property proposed to be exempt plus the aggregate state
equalized value of property previously exempt and currently in force under Public Act 255 of 1978
and under Public Act 198 of 1974 (IFT's) does not exceed 5% of the total state equalized value of
the City of Muskegon; and
WHERAS, the application was approved at a public hearing as provided by section 6(2) of Public Act 255
of 1978 on July 11, 2023.
WHEREAS, the application was approved for less than 10 years and there will not be any extension
available; and
WHEREAS, 420 S. Harvey Rental & Storage is not delinquent in any taxes related to the facility; and
WHEREAS, the application is for commercial property as defined in section 2(a) of Public Act 210 of
2005; and
WHEREAS, 420 S. Harvey Rental & Storage has provided answers to all required questions under the
application instructions to the City of Muskegon; and
WHEREAS, the application for the issuance of a Commercial Facilities Exemption Certificate was filed within six
months of the project’s commencement; and
WHEREAS, the pursuant to P.A. 255 of 1978 as amended, after duly noticed public hearing held on July
11, 2023, this Commission by resolution established a Commercial Facilities Exemption as
requested by 420 S. Harvey Rental & Storage for the building at 420 S. Harvey St. Muskegon,
Michigan 49441; and
WHEREAS, 420 S. Harvey Rental & Storage has requested in writing for the City to establish a Commercial
Redevelopment District at 420 S. Harvey St. in a letter dated June 19, 2023; and
WHEREAS, the rehabilitation of this building is calculated to and will have the reasonable likelihood to retain,
create, or prevent the loss of employment in Muskegon, Michigan; and
WHEREAS, the City of Muskegon requires that rehabilitation of the facility shall be completed by July 11,
2024; and
WHEREAS, the commencement of the construction, restoration or replacement of the facility did not
occur more than 45 days prior to the filing of the application for exemption; and
WHEREAS, the commencement of the construction, restoration or replacement of the facility did not
occur prior to the establishment of the Commercial Redevelopment District; and
7/5/2023
WHEREAS, the application relates to a construction, restoration or replacement program which when
completed constitutes a new, replacement or restored facility within the meaning of Public Act 255 of
1978 and that is situated within a Commercial Redevelopment District established under Public Act 255 of
1978; and
WHEREAS, completion of the facility is calculated to, and will at the time of issuance of the certificate,
have the reasonable likelihood to, increase commercial activity, and create employment in which the
facility is situated; and
WHEREAS, the restoration includes improvements aggregating 10% or more of the true cash value of the
property at commencement of the restoration as provided by section 4(6) of Public Act 255 of 1978.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of Muskegon,
Michigan that:
Be and hereby is granted a Commercial Facilities
Exemption for the real property, excluding land, located in
Commercial Redevelopment District at, Unit 7(b) District at
420 S. Harvey St. for a period of ( ) years, beginning
December 31, 2023 and ending December
30, 2033, pursuant to the provisions of PA 255 of 1978, as amended.
CITY OF MUSKEGON SEC 22 T10N R16W W 436 FT OF N 400 FT OF SW 1/4 OF NW 1/4 EXC N 33 FT &
W 33 FT FOR ROAD ROW
Adopted this 11th Day of July 2023.
Ayes:
Nays:
Absent:
BY: __________________________________
Ken Johnson
City Mayor
ATTEST: __________________________________
Ann Meisch
City Clerk
7/5/23
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on July 11, 2023.
______________________________
Ann Meisch
City Clerk
7/5/23
420 Harvey Rental & Storage
420 S. Harvey Street
Muskegon, Michigan 49442
June 19, 2023
City of Muskegon Planning Department
Attn: Planning Department
City Hall-2nd Floor
933 Terrace St
Muskegon, MI 49440
RE: Letter of Intent: Application for Commercial Facilities exemption Certificate
Dear Planning Department,
Please be advised that 420 S. Harvey Rental & Storage is submitting this letter to notify the
Planning Department of its intention to seek a tax abatement for property located at 420 S.
Harvey Street, Muskegon, Michigan 49442.
Please find enclosed the following:
1. Application for Commercial Facilities Exemption Certificate with Supporting
Documents (Exhibit A);
2. Cost Sheet for anticipated improvements in real property (Exhibit B); and
3. Lease Agreement showing building terms and applicants' tax liability (Exhibit C).
Additionally, please find enclosed a check in the amount of $1,000.00 for the Application Fee.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Isl Cory Roberts
Cory Roberts, President
GENERAL DESCRIPTION OF FACILITY
Year Built 1948
Original Use Muskegon Fire Department
Most Recent Use Sons of Norway
Number of Stories 1 Story
Square Footage 10,754 SF
1
GENERAL DESCRIPTION OF THE REHABILITATED FACILITY'S PROPOSED USE
420 S. Harvey Rental and Storage, LLC is the sole owner of 420 S. Harvey Street, Muskegon,
MI 49442. 420 Harvey Holdings, LLC (the "Company"), formed in 2021, is intending to
penetrate the vertically integrated cannabis market in Muskegon, Michigan. The Company has a
lease to operate at 420 S. Harvey Street, Muskegon, MI 49442.
The Company has or is
in the process of
obtaining 5 local and
state cannabis licenses Say hello to tt,e
that will allow for
cultivation, processing,
first
retail, and designated
consumption lounge,
while also utilizing a
state-issued event
license.
Upon completion of the
build-out, the Company
will seek to obtain
equivalent state
cannabis licenses from
the Michigan Cannabis
Regulatory Agency.
The Company currently
is the sole owner of the
following prequalified
entities with the
Michigan Cannabis
Regulatory Agency:
Company Record Number
420 Harvey Labs, LLC AU-ER-002142
420 Harvey Grow, LLC AU-ER-002145
420 Harvey Events, LLC AU-ER-002144
420 Harvey Retail, LLC AU-ER-002147
420 Harvey Lounge, LLC AU-ER-002143
1
DESCRIPTION OF THE GENERAL NATURE AND EXTENT OF THE
REHABILIATION TO BE UNDERTAKEN
420 S. Harvey Rental and Storage, LLC is the sole owner of 420 S. Harvey Street, Muskegon,
MI 49442. 420 Harvey Holdings, LLC (the "Company"), formed in 2021, is intending to
penetrate the vertically integrated cannabis market in Muskegon, Michigan. The Company has a
lease to operate at 420 S. Harvey Street, Muskegon, MI 49442
The Company intends to phase the develop and will comprise the following renovations and
additions:
• Remodel the existing 11,000 sq ft building on the premises to be retrofitted into multiple
business units (i.e., Marijuana Retailer, Marijuana Consumption Lounge,
Restaurant/Bar);
• Build a new outdoor hospitality venue, including a new structure, amphitheater, and
outdoor dining; and
• Build out a new 10,320 sq ft production facility for growing and processing cannabis.
This application is being submitted for a ObsoleteProperty Rehabilitation Exemption Certificate
for Phase 1 of the development. Phase 1 of the development includes:
1. Marijuana Retailer;
2. Marijuana Consumption
Lounge; Say hello to tt,e
3. Restaurant/Bar; and 4. Outdoor first
Hospitality Venue.
lESCRIPTIVE LIST OF FIXED EQUIPMENT THAT
NILL BE A PART OF THE REHABILITATED
FACILITY
Grow America Builders, UC
Project: FIELDS CANNARY: Dispensary,. Consumption, Kitchen, Site Work
Rough Order of Magnitude Estimate; October 24, 2022 Responsibility Cost
0l 000 I General Conditions G.C. $85,000.00
02000 ISite Work- grading, drainage, hardscape, gardens and plantings, landscape, greenhouse G.C. $500,000.00
03000 I interior Demolition G.C. $35,000.00
03000 I Concrete - interior infill, flatwork and bollards G.C. $50,000.00
06000 I Custom Millwork and Displays G.C. $300,000.00
07000 IRoofing G.C. $65,000.00
07000 IInsulation and Fireproofing G.C. $40,000.00
08000 IDoors and Hardware G.C. $35,000.00
08000 I Glass and Glazing Allowance G.C. $35,000.00
09000 I Rough Framing interior & exterior, gypsum, vault, ceilings G.C. $350,000.00
09000 I Painting, FRP G.C. $50,000.00
09000 I Flooring and Tile Allowance G.C. $100,000.00
09000 I Finish Carpentry G.C. $50,000.00
l 0000 I Bathroom Partitions, Accessories and Fire Extinguishers G.C. $16,000.00
10000 IFF&E NIC $0.00
l 0000 I Commerical Kitchen and Bar Equipment G.C. $315,000.00
21000 I Fire Sprinkler System (ii required) G.C. $85,000.00
22000 I Plumbing System G.C. $65,000.00
23000 I Mechanical System G.C. $120,000.00
26000 IElectric System and Data G.C. $200,000.00
28000 !Security and Surveillance G.C. $150,000.00
26000 I Fire Alarm System G.C. $16,000.00
Subtotal Construction $2,662,000.00
Insurance G.C $15,000.00
Estimated on site services; project manager, superindendant. G.C $110,000.00
Contractor OH & P G.C. $213,000.00
Subtotal Fees $338,000.00
$3,000,000.00
Page 1 of 1
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Page 2
STATEMENT OF ECONOMIC ADVANTAGES EXPECTED FROM THE EXEMPTION
Introduction
420 Harvey Holdings, LLC (the "Company) at 420 S. Harvey Street, Muskegon, MI 49442 (the
"Property") will bring a plethora of economic advantages to the Muskegon and the sun-ounding
area, to include, employment opportunities, tax revenue for the City of Muskegon and the State of
Michigan, investment opportunities for the local community, and an increase in the value of the
particular parcel of land (24-122-100-0004-00).
1. Employment Opportunities
The Company has or is in the process of obtaining 5 local and state cannabis licenses that will
allow for cultivation, processing, retail, and designated consumption lounge, while also utilizing a
state-issued event license. Upon completion of the build-out, the Company will seek to obtain
equivalent state cannabis licenses from the Michigan Cannabis Regulatory Agency.
The Company is the sole owner of the following entities:
Company Record Number
420 Harvey Labs, LLC AU-ER-002142
420 Harvey Grow, LLC AU-ER-002145
420 Harvey Events, LLC AU-ER-002144
420 Harvey Retail, LLC AU-ER-002147
420 Harvey Lounge, LLC AU-ER-002143
Each of the above referenced entities will require sufficient employees to build-out and operate
each aspect of their respective businesses. The Company anticipates that during phase 1, the
Company will employ or contract at least 75-100 construction workers with a total of 150 jobs
created due to the rehabilitation of the Property, that is, once construction is complete, the
Company anticipates that they will retain 50 employees.
2. Tax Revenue
Below are calculations on expected state and local tax payments over the first five years. Please
note, these calculations do NOT include estimated property taxes, just cannabis excise taxes and
state & local taxes related to business operations.
state cannabis Excire Taxes $164,944 $365,677 $383,918 $407,598 $432,737 $1,754,875
Dispensary state and Local Taxes $10,489 $40,758 $43,068 $46,881 $50,982 $192,179
Bar & Restaurant State and Local Taxes $0 $0 $5,693 $13,892 $23,474 $43,060
Lounge State and Loco/ Taxes $1,214 $2,952 $3,361 $3,576 $3,803 $14,907
Event & Formers Market State and Local Taxes $23,791 $25,038 $26,214 $26,115 $26,013 $127,171
Cultivation State and Local Taxes $0 $161 053 $253944 $294 818 $341 329 $1,051,144
Total Foretast State and Loco/ Tax Payments $200,439 $595,479 $716,199 $792,880 $878,339 $3,183,336
3. Investment Opportunity
1
The Company intends on utilizing a Crowdfunding Platform in order to open investment
opportunities for those interested investors in the local Muskegon area. The Company is offering
to a limited number of investors up to 1,000,000 non-voting Class B Preferred Units at a price of
$1.00 per Unit.
The Company is offering its securities through Mundial Financial Group, LLC, which is a
"Funding Portal" licensed by the Securities and Exchange Commission ("SEC") and the
Financial Industry Regulatory Authority ("FINRA").
4. Parcel Value
The parcel was purchased for approximately $225,000. The Company anticipates that after
completing Phase 1 of their build-out, the parcel will be valued at $3,000,000.
2
LEGAL DESCRIPTION
PROPERTY TAX DESCRIPTION:
CITY OF MUSKEGON SEC
22 Tl ON R16W
W 436 FT OF N 400 FT
OF SW 1/4 OF NW 1/4
EXC N 33 FT & W 33 FT FOR ROAD ROW
SAID PARCEL IS DESCRIBED AS FOLLOWS:
THAT PART OF THE SW 1/4 OF THE NW 1/4 OF SEC 22 TION R16W
CITY OF MUSKEGON
COMMENCING AT THE W 1/4 COR OF SD SEC
THENCE N 0°12' W 930.00 FT FOR THE POB
THENCE N 0°12' W 400.00 FT TO THEN LN OF SD SW 1/4 OF THE NW 1/4
THENCE N 88°52' E ALG SD N LN 436.00 FT THENCE
S 0°12' E 400.00 FT
THENCE S 88°52' W 436.00 FT TO THE POB
EXCEPT: THEN 33 FT AND THEW 33 FT THEREOF
1
Exhibit B
Grow America Builders, LLC
Project: FIELDS CANNARY: Dispensary; Consumption, Kitchen, Site Work
Rough Order of Magnitude Estimate; October 24, 2022 Responsibility Cost
01000 IGeneral Conditions G.C. $85,000.00
02000 ISite Work - grading, drainage, hardscape, gardens and plantings, landscape, greenhouse G.C. $500,000.00
03000 IInterior Demolition G.C. $35,000,00
03000 I Concrete - interior infill, flalwork and bollards G.C. $50,000.00
06000 I Custom Millwork and Displays G.C. $300,000,00
07000 IRoofing G,C. $65,000.00
07000 IInsulation and Fireproofing G.C. $40,000.00
08000 IDoors and Hardware G.C. $35,000.00
08000 IGlass and Glazing Allowance G.C. $35,000.00
09000 IRough Framing interior & exterior, gypsum, vault, ceilings G,C. $350,000,00
09000 I Painting, FRP G,C. $50,000.00
09000 IFlooring and Tile Allowance G.C. $100,000.00
09000 IFinish Carpentry G.C. $50,000,00
10000 I Bathroom Partitions, Accessories and Fire Extinguishers G.C. $16,000.00
10000 IFF&E NIC $0.00
10000 I Commerical Kitchen and Bar Equipment G.C. $315,000.00
21000 I Fire Sprinkler System (if required) G.C. $85,000.00
22000 IPlumbing System G.C. $65,000.00
23000 IMechanical System G.C, $120,000.00
26000 IElectric System and Data G.C. $200,000.00
28000 ISecurity and Surveillance G.C. $150,000.00
26000 IFire Alarm System G,C. $16,000.00
Subtotal Construction $2,662,000,00
Insurance G.C $15,000.00
Estimated on site services; project manager, superindendant, G.C $110,000.00
Contractor OH & P G.C. $213,000.00
Subtotal Fees $338,000.00
$3,000,000.00
Exhibit C
LEASE AGREEMENT
This LEASE AGREEMENT (this "Lease") is entered into as of this[]
day of February, 2023, by and between 420 Harvey Rental and Storage, LLC, a
Michigan limited liability company ("Landlord"), and 420 Harvey Holdings,
LLC, a Michigan limited liability company ("Tenant").
RECITALS:
A. Landlord is the owner of certain real property and buildings located at 420 S. Harvey
Street, Muskegon, Michigan 49442 (the "Premises").
B. Landlord agrees to lease the Premises to Tenant, and Tenant has agreed to lease the
Premises from Landlord, upon the terms and conditions hereinafter set forth.
AGREEMENT:
In consideration of the mutual representations, warranties, covenants and agreements, and subject
to the conditions hereinafter set forth, and for other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the patties agree as follows:
1. Premises. Landlord hereby Leases to Tenant, and Tenant hereby Leases from
Landlord, on the terms and conditions set fo1th herein, the Premises, on the terms and conditions
set forth herein, exclusive use of "Restaurant and Bar Space" being appx. 1000 square foot portion
of the Premises comprising the proposed restaurant and bar (the "Building") on the Property:
TOGETHER WITH: (i) the non-exclusive use of the common areas, including, without limitation,
the non-exclusive use of the existing public parking area shown on the attached Site Plan, and (ii)
the non-exclusive use along with other tenants of the project being developed on the Premises to
be known as Fields Cannary, (iii) all other rights and appurtenances to the Premises. Prior to
Commencement Date, Landlord shall be responsible for the buildout of the Building pursuant to
the terms of the Site Plan. In addition to Rent set forth under this Lease, Tenant shall reimburse
Landlord for all costs and fees associated in the buildout of the Building.
2. Term. The term of this Lease shall commence as of the date the Company receives
a certificate of occupancy from the City of Muskegon, Michigan to operate (the "Effective Date")
and shall continue for a period of five years from the date thereof (the "Initial Term"). Following
the Initial Term, Tenant shall have the option to renew the Lease for five (5) additional Lease Years
(the "Renewal Tenn(s)"), provided that Tenant gives Landlord at least 30 days written notice prior
to the end of the initial term of its intent to renew the Lease for the Renewal Term. "Term" as used
herein shall mean the Initial
Term and the Renewal Term, if applicable. "Lease Year" as used herein shall mean each
consecutive twelve (12) month period during the Term. The first Lease Year shall commence on
the Effective Date and end on the last day of the calendar month in which the first anniversary of
the Effective Date occurs.
3. Rent. In consideration for Landlord executing this Lease and granting the rights
provided in this Lease, Tenant hereby agrees to pay to Landlord rent (the "Rent") in the amounts
set forth in the following table:
Period Annual Rent Monthly Rent
First Term
through the TBD TBD
Second Term
Thereafter, Rent shall increase 6% each Renewal Term. Rent shall be payable in equal monthly
installments, due in advance on the 1st day of each month without any deduction, setoff or prior
notice. All payments of Rent shall be delivered to Landlord's address given to Tenant or such
other place as Landlord may designate. On the Effective Date and upon execution of this Lease
by Tenant, Tenant shall pay to Landlord (i) Rent for the partial month commencing on the
Effective Date, if applicable, prorated based upon the number of days remaining in such month,
(ii) the first monthly payment of Rent, (iii) the last monthly payment of Rent, and (iv) the
Security Deposit as described below. In the event Landlord is not in receipt of a payment of Rent
within five (5) days after the due date, Tenant agrees to pay an additional late charge for that
month equal to the sum of Fifty and No/100 Dollars ($50.00). In addition to such late charge, any
overdue balance owing Landlord by Tenant and not paid within five (5) days of the date such
payment is due shall bear interest at an annual rate of twelve percent (12%).
4. Security Deposit. On the Effective Date, Tenant shall deliver to Landlord a sum
equal to one month Rent ("Security Deposit") as security for the faithful performance by Tenant
of the terms hereof, to be returned to Tenant, without interest, after Tenant has vacated the Premises
and upon the full perfo1mance of the provisions of this Lease.
5. Use and Compliance with Laws. The Premises may be used by Tenant for use as
any licensed marijuana facility as pe1mitted under Michigan and Muskegon law, as such may be
amended from time to time, and for any such other purposes as may be authorized under Michigan
law. The parties acknowledge that Tenant's business operations may be in violation of certain
federal laws and regulations and that any such violation will be not be considered either a breach
of any provision of this Lease or a defense to any cause of action arising under this Lease.
6. Maintenance and Improvements. Tenant assumes sole responsibility for
maintenance, repair and replacement of the entirety of the Premises. Tenant shall undertake in
good faith to maintain the Premises in good order and in a sanitary and safe condition at Tenant's
sole expense.
7. Utilities. Tenant agrees to pay for all utilities, including but not limited to,
electricity, telephone, gas, water and sewer, and trash collection charges billed to the Premises
during the term of this Lease.
8. Insurance. Tenant shall at all times during the Term of this Lease take reasonable
steps to maintain, at Tenant's sole expense, the following types of insurance coverage relating to
the Premises, through third party insurance companies having a rating of at least "A" in the then
current edition of Best's Insurance Guide who are licensed to do business in the State of Michigan:
(a) Commercial general liability insurance with coverage of not less than one
Million Dollars ($1,000,000.00) combined single limit for bodily injury and property
damage per occurrence.
(b) All-risk casualty insurance in an amount adequate to cover the full
replacement value of the Premises.
(c) Workers' compensation insurance in compliance with applicable Michigan
law covering all of Tenant's employees.
(d) All policies of insurance required to be maintained by Tenant under this
Lease shall name Landlord as an additional insured and loss payee.
(e) If Tenant is unable to obtain such insurance on commercially reasonably
terms in its sole discretion, such lack of coverage shall not be considered a breach of this
Lease.
9. Taxes.
(a) Tenant shall pay directly to the taxing authority, all real property taxes,
assessments, and other governmental charges assessed, imposed, or accruing against the
Premises during the Term. If the tax bill is issued to Landlord, Landlord will forward the
bill to Tenant for payment.
(b) Tenant shall pay, prior to delinquency, all taxes, license fees and other
governmental charges assessed or imposed on the personal property of Tenant located on
the Premises, or imposed upon the business operations of Tenant conducted on the Premises
that accrue after the Effective Date.
(c) Notwithstanding the forgoing, in the event any taxes, assessment or
governmental impositions of any kind are levied, assessed or imposed on the Premises in
excess of25% in any Lease Year, the Landlord shall pay such amount in excess of 25%.
10. Cost Allocation. This Lease is a "net, net, net" Lease. Accordingly, Tenant shall
be solely responsible for any and all costs related to the Premises, including, but not limited to, all
charges for utilities, maintenance costs, insurance costs (including Landlord's insurance), and real
property taxes.
11. Alterations. Tenant may make any alterations, additions or improvements to the
Premises upon providing notice to the Landlord.
12. Signage. Tenant may install and maintain exterior signage upon the Premises.
Tenant agrees to have said signage comply with all of the requirements of the appropriate
governmental authorities, to obtain all necessary permits or licenses with respect to said signage,
to maintain said signage in good state of repair.
13. [Intentionally Omitted).
14. AS-IS. As of the Effective Date, Tenant has unconditionally accepted the Premises
in its current condition on an "AS IS" "WHERE IS".
15. Eminent Domain. If the entire Premises should be permanently taken, condemned
or transferred by any competent condemning authority, this Lease will terminate as of the time
possession thereof vests in the condemning authority. If a portion of the Premises should be
permanently taken, condemned or transferred as aforesaid, Landlord may elect at its own expense,
to repair and restore the portion not affected by the taking, in which event the Rent will be reduced
in proportion to the area taken, effective at the time possession vests in the condemning authority.
If the Premises or any part thereof should be temporarily taken, condemned or transferred as
aforesaid, the Rent will be abated during the period of such temporary taking by the amount
Landlord receives from the condemning authority to compensate it for the use of the Premises.
16. Casualt_y.
(a) Tenant shall give immediate written notice to Landlord of any damage
caused to the Premises by fire or other casualty.
(b) If the Premises are damaged, Landlord shall have the option to rebuild. If
Landlord elects to rebuild, Landlord shall, at its expense, proceed to restore the Premises
(but not any improvements to the Premises made by Tenant) to the condition which existed
at the beginning of the Term. All repairs and restorations of the Premises not so included
shall be performed by Tenant. The parties shall promptly commence and diligently proceed
with their restoration obligations hereunder. If Landlord elects not to rebuild, Tenant may,
at its expense, proceed to restore the Premises (but not any improvements to the Premises
made by Tenant) to the condition which existed at the beginning of the Term. The cost of
such restoration by Tenant shall be reduced from the Rent on a pro-rata basis over the
remainder of the current Term. The parties shall promptly commence and diligently
proceed with their restoration obligations hereunder.
(c) In the event of total destruction of the Premises, Rent shall completely abate
from the date of such destruction. If Landlord elects to rebuild as aforesaid, Rent shall
completely abate from the date of such destruction until the date when Landlord notifies
Tenant that Landlord's work in the Premises is complete, or upon the date when Tenant
opens for business, whichever event shall first occur. If Landlord elects not to rebuild, then
Tenant shall have the option to rebuild and any costs incurred by Tenant in connection
therewith shall be deducted from its Rent obligations under this Lease until such time as
Tenant is made whole. In the event of a partial destruction or damage whereby Tenant shall
be deprived of the occupancy and use of only a portion of the Premises, then Rent shall be
equitably apportioned according to the area of the Premises which is unusable by Tenant,
until such time as the Premises are repaired or restored as provided herein. Notwithstanding
the foregoing, Rent shall not abate and Tenant shall be responsible for costs of
repair/replacement in the event of any casualty due solely to the acts or omissions of Tenant
or its agents, employees, contractors, guests or licensees.
17. Breach_ nd Remedies.
(a) The following events shall be deemed to be events of default by Tenant
under this Lease:
(i) Tenant fails to pay any installment of Rent or any other expense and such
failure continues for a period of 10 days after written notice from Landlord.
(ii) Tenant fails to comply with any term, provision or covenant of this Lease
and such failure continues for a period of 30 days after written notice from
Landlord.
(b) Upon the occurrence of any default by Tenant that is not cured pursuant to
the terms of this Lease, Landlord pursue judicial eviction under Michigan law and seek
damages in accordance with this Lease and Michigan law.
(c) In the event of any default by Landlord under this Lease or the Land
Contract, Tenant, without being under any obligation to do so and without thereby waiving
such default, may cure any such default. Any costs, fees or expenses incurred by Tenant
in curing such default shall reduce the amount of Rent due and owing under this Lease until
such time as Tenant is fully reimbursed. Upon the occurrence of the third default by
Landlord under either the Lease or the Land Contract, Tenant without being under any
obligation to do so may take over Landlord's rights under the Lease and Land Contract and
Landlord shall have no further interest in either the Lease or the Land Contract and Tenant
shall be relieved of any and all obligations to Landlord.
18. Landlord's Right of Access. Landlord and/or its agents or designees shall have the
right to enter the Premises upon reasonable notice to Tenant provided that such entry is in
compliance with all applicable marijuana laws and ordinances.
19. Landlord's Liability. Notwithstanding any other term or provision of this Lease,
the liability of Landlord for its obligations under this Lease is limited solely to Landlord's interest
in the Premises, and no personal liability shall at any time be asserted or enforceable against any
other assets of Landlord on account of any of Landlord's obligations or actions under this Lease.
20. End of Term; Abandoned Property. At the end of the term, Tenant shall vacate
and surrender the Premises to Landlord, broom cleaned and in good condition, except for ordinary
wear and tear, and Tenant shall remove all of Tenant's personal property. All personal property
required to be removed by Tenant at the end of the term which remain on the Premises after Tenant
has vacated shall be considered abandoned by Tenant and, at the option of Landlord, may either be
retained as Landlord's property or may be removed by Landlord at Tenant's expense.
21. Quiet Enjoyment. Landlord agrees with Tenant that upon Tenant paying the Rent
and performing all of the terms, covenants and conditions of this Lease on Tenant's part to be
performed, Tenant may peaceably and quietly enjoy the Premises.
22. Subordjnation and _Esto)ll!el.
(a) Tenant accepts this Lease subject and subordinate to any mortgage presently
existing or hereafter created upon the Premises, and to any renewals and extensions thereof,
but Tenant agrees that any such mortgagee shall have the right at any time to subordinate
such mortgage to this Lease. Tenant agrees to sign and deliver upon demand such further
instrument or instruments subordinating this Lease to the lien of any such mortgage(s) as
may be desired by Lease and hereby irrevocably appoints Landlord attorney-in-fact of
Tenant to execute and deliver any instrument or instruments for and in the name of Tenant
in order to accomplish such subordination.
(b) At any time and from time to time, upon written request from Landlord,
Tenant agrees to execute, acknowledge, and deliver to Landlord or to the holder of any
mortgage that has a lien on the Premises, a statement in writing, in form and substance
satisfactory to Landlord, certifying all or any part of the following information as Landlord
reasonably requests to the extent same are true and correct: (i) that this Lease constitutes
the entire agreement between Landlord and Tenant and is unmodified and in full force and
effect (or if there have been modifications, that the same is in full force and effect as
modified and stating the modifications); (ii) the dates to which Rent and other charges
hereunder have been paid, and the amount of any security deposited with Landlord; (iii)
that the Premises have been completed on or before the date of such statement and that all
conditions precedent to this Lease taking effect have been carried out; (iv) that Tenant has
accepted possession, the term of this Lease has commenced, and Tenant is occupying the
Premises; (v) that Tenant knows of no default under this Lease by Landlord and there are
no defaults or offsets that Tenant has against enforcement of this Lease by Landlord; (vi)
the Term of this Lease; and (vii) that the Premises are open for business.
23. No Waiver of Lease Terms. The failure of Landlord to take any action against
Tenant for violation of any of the terms of this Lease shall not prevent a subsequent act of Tenant
of a similar nature from being a violation of this Lease.
24. Brokers and Commissions. Each party represents and warrants to the other party
that no brokers or finders have been engaged by it in connection with this Lease. Each party shall
indemnify, defend and hold harmless the other party from and against any claim, suit, liability,
losses, costs and expenses (including reasonable attorneys' fees and costs) resulting from any claim
for any fee, commission, or other consideration from any broker, agent, finder, or salesperson.
25. Notices. Any notice, demand or other communication required, permitted, or
contemplated to be given or to be served upon any party hereunder will be void and of no effect
unless given by certified mail, federal express or other nationally recognized overnight courier, or
hand delivery at the addresses below:
Ifto 420 Harvey
Landlord: Holdings, LLC
Attn: John
Mackewich, Legal
Counsel
1001 Woodward,
Fifth Floor, Ste 05-
A117
Detroit, Michigan
48226
Ifto 420 Harvey
Tenant: Holdings, LLC
Attn: Edgar Ramon,
Manager 738 N.
Morgan st.
N708
Chicago, IL 60642
With a Mackewich, PLLC
copy to:
Attn: John
Mackewich, Esq.
1001 Woodward,
Fifth Floor, Ste 05-
A ll 7
Detroit, MI 48226
Either pmiy may change its address for purposes of notice by delivery a notice to such effect to
the other party.
26. Assignment.
(a) This Lease shall be binding upon and shall inure to the benefit of Landlord
and Tenant and their respective heirs, representatives, successors and assigns. Tenant may
assign or Lease all or any part of the Premises without the prior written consent of Landlord
upon notice to Landlord. For purposes of this Lease, an assignment shall include, without
limitation, the following: the sale, conveyance, transfer or assignment of this Lease or of
Tenant's rights or obligations under this Lease to any person, or a change in the ownership
or control of Tenant, the actual or practical effect of which would be to create or instill in
entities or persons (other than in one or more of the existing shareholders, members,
partners, or other owners of Tenant) the ownership or control of more than twenty-five
percent (25%) of the membership interests, partnership interests, voting shares, or voting
rights in Tenant.
(b) In the event of the transfer and assignment by Landlord of its interest in this
Lease, the terms of this Lease shall remain in full force and effect and shall be binding on
any successor in interest. Any security given by Tenant to secure performance of Tenant's
obligations hereunder may be assigned and transferred by Landlord to such successor in
interest, and Landlord shall thereby be discharged of any further obligation relating thereto.
27. Governing Law and Venue. This Lease is governed by and will be construed in
accordance with the laws of the State of Michigan. The venue of any litigation arising in connection
with this Lease shall be in state court in Wayne County, Michigan.
28. Entire Agreement. This Lease, together with the exhibits attached hereto,
constitutes the entire agreement and understanding between the parties with respect to the subject
matter hereof, and supersedes all prior or contemporaneous representations, understandings and
agreements, whether oral or written, made by or between the parties with respect to the subject
matter hereof, including any letter of intent executed by the parties. No supplement, amendment
or modification of this Lease is binding unless reflected by a written instrument signed by both
parties.
29. Multiple Originals; Execution of Agreement. This Lease may be executed in
multiple original counterparts, each of which is deemed an original and all of which when taken
together constitute one and the same instrument. The delivery of this Lease by facsimile or
electronic mail will be considered the delivery of an original signed Lease.
30. Severability. If any provision of this Lease is determined by a court of competent
jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability
will not affect any other provision of this Lease, and the remainder of this Lease will be construed
and interpreted as if such invalid, illegal or unenforceable provision had never been contained
herein.
31. Time. Unless otherwise specified herein, any time period or deadline provided in
this
Lease will be measured in calendar days. As used throughout this Lease, the term "business
days" shall mean all calendar days excluding Saturdays, Sundays, and generally recognized State
of Michigan and/or national legal holidays. If any such time period or deadline expires on a
Saturday, Sunday, or generally recognized State of Michigan and/or national legal holiday, then
such time period or deadline will be extended to the first business day thereafter. Time is of the
essence in the performance of the terms of this Lease.
32. Survival. All indemnifications set fo1th in this Lease, and all covenants in this
Lease specifically providing for survival, will survive the termination of this Lease.
33. Waiver. No waiver by either party of any of its rights or remedies under this Lease
will be considered a waiver of any other or subsequent right or remedy. No waiver by either party
of any of its rights or remedies hereunder will be effective unless evidenced by a written instrument
executed by the waiving party.
34. Recording. Neither this Lease nor any memorandum thereof shall be recorded in
the public records.
36. No Partnership. Nothing herein contained shall be deemed or construed by the parties
hereto, nor by any third party, as creating the relationship of principal and agent or of partnership
or of joint venture between parties hereof, it being understood and agreed that neither the method
of computation of rental, nor any other provisions contained herein, nor any acts of the parties
hereto, shall be deemed to create any relationship between the parties hereto other than the
relationship of Landlord and Tenant.
38. Bankruptcy. Landlord and Tenant (as either debtor or debtor-in-possession) agree that if a
petition ("Petition") is filed by or against Landlord under any Chapter of Title 11 of the United
States Code (the "Bankruptcy Code"), that Tennant shall have the right to remain in possession of
the Premises under the terms of this Lease which shall remain in full force and effect.
LEASE AGREEMENT
Signature Page
IN WITNESS WHEREOF, Landlord has executed this Lease Agreement as of the Effective
Date.
LANDLORD:
420 Harvey Rental and Storage, LLC,
a Michigan limited liability company
lcOocuSlgned by:
By:
l= a..
Print Name:
Title:
LEASE AGREEMENT
Signature Page (cont.)
IN WITNESS WHEREOF, Tenant has executed this Lease Agreement as of the Effective Date.
TENANT:
420 Harvey Holdings, LLC,
an Michigan limited liability company
By: L;62E5403Be6A403...
Print Name:
Title:
[End of Signatures}
DocuSign Envelope ID: 1A49E9EB-E75E-4093-BBD1-823A53B4F36B
LEASE AGREEMENT
This LEASE AGREEMENT (this “Lease”) is entered into as of this [] day of February, 2023, by
and between 420 Harvey Rental and Storage, LLC, a Michigan limited liability company (“Landlord”),
and 420 Harvey Holdings, LLC, a Michigan limited liability company (“Tenant”).
RECITALS:
A. Landlord is the owner of certain real property and buildings located at 420 S. Harvey Street,
Muskegon, Michigan 49442 (the “Premises”).
B. Landlord agrees to lease the Premises to Tenant, and Tenant has agreed to lease the
Premises from Landlord, upon the terms and conditions hereinafter set forth.
AGREEMENT:
In consideration of the mutual representations, warranties, covenants and agreements, and subject
to the conditions hereinafter set forth, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Premises. Landlord hereby Leases to Tenant, and Tenant hereby Leases from Landlord,
on the terms and conditions set forth herein, the Premises, on the terms and conditions set forth herein,
exclusive use of “Restaurant and Bar Space” being appx. 1000 square foot portion of the Premises
comprising the proposed restaurant and bar (the “Building”) on the Property: TOGETHER WITH: (i) the
non-exclusive use of the common areas, including, without limitation, the non-exclusive use of the existing
public parking area shown on the attached Site Plan, and (ii) the non-exclusive use along with other tenants
of the project being developed on the Premises to be known as Fields Cannary, (iii) all other rights and
appurtenances to the Premises. Prior to Commencement Date, Landlord shall be responsible for the
buildout of the Building pursuant to the terms of the Site Plan. In addition to Rent set forth under this
Lease, Tenant shall reimburse Landlord for all costs and fees associated in the buildout of the Building.
2. Term. The term of this Lease shall commence as of the date the Company receives a
certificate of occupancy from the City of Muskegon, Michigan to operate (the “Effective Date”) and shall
continue for a period of five years from the date thereof (the “Initial Term”). Following the Initial Term,
Tenant shall have the option to renew the Lease for five (5) additional Lease Years (the “Renewal
Term(s)”), provided that Tenant gives Landlord at least 30 days written notice prior to the end of the initial
term of its intent to renew the Lease for the Renewal Term. “Term” as used herein shall mean the Initial
Term and the Renewal Term, if applicable. “Lease Year” as used herein shall mean each consecutive twelve
(12) month period during the Term. The first Lease Year shall commence on the Effective Date and end on
the last day of the calendar month in which the first anniversary of the Effective Date occurs.
3. Rent. In consideration for Landlord executing this Lease and granting the rights provided
in this Lease, Tenant hereby agrees to pay to Landlord rent (the “Rent”) in the amounts set forth in the
following table:
Period Annual Rent Monthly Rent
First Term through the Second
TBD TBD
Term
Lease Agreement – 420 S. Harvey Page 1 of 9
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Thereafter, Rent shall increase 6% each Renewal Term. Rent shall be payable in equal monthly
installments, due in advance on the 1st day of each month without any deduction, setoff or prior notice. All
payments of Rent shall be delivered to Landlord’s address given to Tenant or such other place as Landlord may
designate. On the Effective Date and upon execution of this Lease by Tenant, Tenant shall pay to Landlord (i)
Rent for the partial month commencing on the Effective Date, if applicable, prorated based upon the number
of days remaining in such month, (ii) the first monthly payment of Rent, (iii) the last monthly payment of Rent,
and (iv) the Security Deposit as described below. In the event Landlord is not in receipt of a payment of Rent
within five (5) days after the due date, Tenant agrees to pay an additional late charge for that month equal to
the sum of Fifty and No/100 Dollars ($50.00). In addition to such late charge, any overdue balance owing
Landlord by Tenant and not paid within five (5) days of the date such payment is due shall bear interest at
an annual rate of twelve percent (12%).
4. Security Deposit. On the Effective Date, Tenant shall deliver to Landlord a sum equal to
one month Rent (“Security Deposit”) as security for the faithful performance by Tenant of the terms hereof,
to be returned to Tenant, without interest, after Tenant has vacated the Premises and upon the full
performance of the provisions of this Lease.
5. Use and Compliance with Laws. The Premises may be used by Tenant for use as any
licensed marijuana facility as permitted under Michigan and Muskegon law, as such may be amended from
time to time, and for any such other purposes as may be authorized under Michigan law. The parties
acknowledge that Tenant’s business operations may be in violation of certain federal laws and regulations
and that any such violation will be not be considered either a breach of any provision of this Lease or a
defense to any cause of action arising under this Lease.
6. Maintenance and Improvements. Tenant assumes sole responsibility for maintenance,
repair and replacement of the entirety of the Premises. Tenant shall undertake in good faith to maintain the
Premises in good order and in a sanitary and safe condition at Tenant’s sole expense.
7. Utilities. Tenant agrees to pay for all utilities, including but not limited to, electricity,
telephone, gas, water and sewer, and trash collection charges billed to the Premises during the term of this
Lease.
8. Insurance. Tenant shall at all times during the Term of this Lease take reasonable steps
to maintain, at Tenant’s sole expense, the following types of insurance coverage relating to the Premises,
through third party insurance companies having a rating of at least “A” in the then current edition of Best’s
Insurance Guide who are licensed to do business in the State of Michigan:
(a) Commercial general liability insurance with coverage of not less than one Million
Dollars ($1,000,000.00) combined single limit for bodily injury and property damage per
occurrence.
(b) All-risk casualty insurance in an amount adequate to cover the full replacement
value of the Premises.
(c) Workers’ compensation insurance in compliance with applicable Michigan law
covering all of Tenant’s employees.
(d) All policies of insurance required to be maintained by Tenant under this Lease
shall name Landlord as an additional insured and loss payee.
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(e) If Tenant is unable to obtain such insurance on commercially reasonably terms in
its sole discretion, such lack of coverage shall not be considered a breach of this Lease.
9. Taxes.
(a) Tenant shall pay directly to the taxing authority, all real property taxes,
assessments, and other governmental charges assessed, imposed, or accruing against the Premises
during the Term. If the tax bill is issued to Landlord, Landlord will forward the bill to Tenant for
payment.
(b) Tenant shall pay, prior to delinquency, all taxes, license fees and other
governmental charges assessed or imposed on the personal property of Tenant located on the
Premises, or imposed upon the business operations of Tenant conducted on the Premises that accrue
after the Effective Date.
(c) Notwithstanding the forgoing, in the event any taxes, assessment or governmental
impositions of any kind are levied, assessed or imposed on the Premises in excess of 25% in any
Lease Year, the Landlord shall pay such amount in excess of 25%.
10. Cost Allocation. This Lease is a “net, net, net” Lease. Accordingly, Tenant shall be solely
responsible for any and all costs related to the Premises, including, but not limited to, all charges for utilities,
maintenance costs, insurance costs (including Landlord’s insurance), and real property taxes.
11. Alterations. Tenant may make any alterations, additions or improvements to the Premises
upon providing notice to the Landlord.
12. Signage. Tenant may install and maintain exterior signage upon the Premises. Tenant
agrees to have said signage comply with all of the requirements of the appropriate governmental authorities,
to obtain all necessary permits or licenses with respect to said signage, to maintain said signage in good
state of repair.
13. [Intentionally Omitted].
14. AS-IS. As of the Effective Date, Tenant has unconditionally accepted the Premises in its
current condition on an “AS IS” “WHERE IS”.
15. Eminent Domain. If the entire Premises should be permanently taken, condemned or
transferred by any competent condemning authority, this Lease will terminate as of the time possession
thereof vests in the condemning authority. If a portion of the Premises should be permanently taken,
condemned or transferred as aforesaid, Landlord may elect at its own expense, to repair and restore the
portion not affected by the taking, in which event the Rent will be reduced in proportion to the area taken,
effective at the time possession vests in the condemning authority. If the Premises or any part thereof
should be temporarily taken, condemned or transferred as aforesaid, the Rent will be abated during the
period of such temporary taking by the amount Landlord receives from the condemning authority to
compensate it for the use of the Premises.
16. Casualty.
(a) Tenant shall give immediate written notice to Landlord of any damage caused to
the Premises by fire or other casualty.
Lease Agreement – 420 S. Harvey Page 3 of 9
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(b) If the Premises are damaged, Landlord shall have the option to rebuild. If Landlord
elects to rebuild, Landlord shall, at its expense, proceed to restore the Premises (but not any
improvements to the Premises made by Tenant) to the condition which existed at the beginning of
the Term. All repairs and restorations of the Premises not so included shall be performed by Tenant.
The parties shall promptly commence and diligently proceed with their restoration obligations
hereunder. If Landlord elects not to rebuild, Tenant may, at its expense, proceed to restore the
Premises (but not any improvements to the Premises made by Tenant) to the condition which
existed at the beginning of the Term. The cost of such restoration by Tenant shall be reduced from
the Rent on a pro-rata basis over the remainder of the current Term. The parties shall promptly
commence and diligently proceed with their restoration obligations hereunder.
(c) In the event of total destruction of the Premises, Rent shall completely abate from
the date of such destruction. If Landlord elects to rebuild as aforesaid, Rent shall completely abate
from the date of such destruction until the date when Landlord notifies Tenant that Landlord’s work
in the Premises is complete, or upon the date when Tenant opens for business, whichever event
shall first occur. If Landlord elects not to rebuild, then Tenant shall have the option to rebuild and
any costs incurred by Tenant in connection therewith shall be deducted from its Rent obligations
under this Lease until such time as Tenant is made whole. In the event of a partial destruction or
damage whereby Tenant shall be deprived of the occupancy and use of only a portion of the
Premises, then Rent shall be equitably apportioned according to the area of the Premises which is
unusable by Tenant, until such time as the Premises are repaired or restored as provided herein.
Notwithstanding the foregoing, Rent shall not abate and Tenant shall be responsible for costs of
repair/replacement in the event of any casualty due solely to the acts or omissions of Tenant or its
agents, employees, contractors, guests or licensees.
17. Breach and Remedies.
(a) The following events shall be deemed to be events of default by Tenant under this
Lease:
(i) Tenant fails to pay any installment of Rent or any other expense and such
failure continues for a period of 10 days after written notice from Landlord.
(ii) Tenant fails to comply with any term, provision or covenant of this Lease
and such failure continues for a period of 30 days after written notice from Landlord.
(b) Upon the occurrence of any default by Tenant that is not cured pursuant to the
terms of this Lease, Landlord pursue judicial eviction under Michigan law and seek damages in
accordance with this Lease and Michigan law.
(c) In the event of any default by Landlord under this Lease or the Land Contract,
Tenant, without being under any obligation to do so and without thereby waiving such default, may
cure any such default. Any costs, fees or expenses incurred by Tenant in curing such default shall
reduce the amount of Rent due and owing under this Lease until such time as Tenant is fully
reimbursed. Upon the occurrence of the third default by Landlord under either the Lease or the
Land Contract, Tenant without being under any obligation to do so may take over Landlord’s rights
under the Lease and Land Contract and Landlord shall have no further interest in either the Lease
or the Land Contract and Tenant shall be relieved of any and all obligations to Landlord.
Lease Agreement – 420 S. Harvey Page 4 of 9
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18. Landlord’s Right of Access. Landlord and/or its agents or designees shall have the right to
enter the Premises upon reasonable notice to Tenant provided that such entry is in compliance with all
applicable marijuana laws and ordinances.
19. Landlord’s Liability. Notwithstanding any other term or provision of this Lease, the
liability of Landlord for its obligations under this Lease is limited solely to Landlord’s interest in the
Premises, and no personal liability shall at any time be asserted or enforceable against any other assets of
Landlord on account of any of Landlord’s obligations or actions under this Lease.
20. End of Term; Abandoned Property. At the end of the term, Tenant shall vacate and
surrender the Premises to Landlord, broom cleaned and in good condition, except for ordinary wear and tear,
and Tenant shall remove all of Tenant’s personal property. All personal property required to be removed by
Tenant at the end of the term which remain on the Premises after Tenant has vacated shall be considered
abandoned by Tenant and, at the option of Landlord, may either be retained as Landlord’s property or may be
removed by Landlord at Tenant’s expense.
21. Quiet Enjoyment. Landlord agrees with Tenant that upon Tenant paying the Rent and
performing all of the terms, covenants and conditions of this Lease on Tenant’s part to be performed, Tenant
may peaceably and quietly enjoy the Premises.
22. Subordination and Estoppel.
(a) Tenant accepts this Lease subject and subordinate to any mortgage presently
existing or hereafter created upon the Premises, and to any renewals and extensions thereof, but
Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage
to this Lease. Tenant agrees to sign and deliver upon demand such further instrument or
instruments subordinating this Lease to the lien of any such mortgage(s) as may be desired by Lease
and hereby irrevocably appoints Landlord attorney-in-fact of Tenant to execute and deliver any
instrument or instruments for and in the name of Tenant in order to accomplish such subordination.
(b) At any time and from time to time, upon written request from Landlord, Tenant
agrees to execute, acknowledge, and deliver to Landlord or to the holder of any mortgage that has
a lien on the Premises, a statement in writing, in form and substance satisfactory to Landlord,
certifying all or any part of the following information as Landlord reasonably requests to the extent
same are true and correct: (i) that this Lease constitutes the entire agreement between Landlord and
Tenant and is unmodified and in full force and effect (or if there have been modifications, that the
same is in full force and effect as modified and stating the modifications); (ii) the dates to which
Rent and other charges hereunder have been paid, and the amount of any security deposited with
Landlord; (iii) that the Premises have been completed on or before the date of such statement and
that all conditions precedent to this Lease taking effect have been carried out; (iv) that Tenant has
accepted possession, the term of this Lease has commenced, and Tenant is occupying the Premises;
(v) that Tenant knows of no default under this Lease by Landlord and there are no defaults or offsets
that Tenant has against enforcement of this Lease by Landlord; (vi) the Term of this Lease; and
(vii) that the Premises are open for business.
23. No Waiver of Lease Terms. The failure of Landlord to take any action against Tenant for
violation of any of the terms of this Lease shall not prevent a subsequent act of Tenant of a similar nature from
being a violation of this Lease.
Lease Agreement – 420 S. Harvey Page 5 of 9
DocuSign Envelope ID: 1A49E9EB-E75E-4093-BBD1-823A53B4F36B
24. Brokers and Commissions. Each party represents and warrants to the other party that no
brokers or finders have been engaged by it in connection with this Lease. Each party shall indemnify,
defend and hold harmless the other party from and against any claim, suit, liability, losses, costs and
expenses (including reasonable attorneys’ fees and costs) resulting from any claim for any fee, commission,
or other consideration from any broker, agent, finder, or salesperson.
25. Notices. Any notice, demand or other communication required, permitted, or contemplated
to be given or to be served upon any party hereunder will be void and of no effect unless given by certified
mail, federal express or other nationally recognized overnight courier, or hand delivery at the addresses
below:
If to Landlord: 420 Harvey Holdings, LLC
Attn: John Mackewich, Legal Counsel
1001 Woodward, Fifth Floor, Ste 05-A117
Detroit, Michigan 48226
If to Tenant: 420 Harvey Holdings, LLC
Attn: Edgar Ramon, Manager
738 N. Morgan st.
N708
Chicago, IL 60642
With a copy to: Mackewich, PLLC
Attn: John Mackewich, Esq.
1001 Woodward, Fifth Floor, Ste 05-A117
Detroit, MI 48226
Either party may change its address for purposes of notice by delivery a notice to such effect to the
other party.
26. Assignment.
(a) This Lease shall be binding upon and shall inure to the benefit of Landlord and
Tenant and their respective heirs, representatives, successors and assigns. Tenant may assign or
Lease all or any part of the Premises without the prior written consent of Landlord upon notice to
Landlord. For purposes of this Lease, an assignment shall include, without limitation, the
following: the sale, conveyance, transfer or assignment of this Lease or of Tenant’s rights or
obligations under this Lease to any person, or a change in the ownership or control of Tenant, the
actual or practical effect of which would be to create or instill in entities or persons (other than in
one or more of the existing shareholders, members, partners, or other owners of Tenant) the
ownership or control of more than twenty-five percent (25%) of the membership interests,
partnership interests, voting shares, or voting rights in Tenant.
(b) In the event of the transfer and assignment by Landlord of its interest in this Lease,
the terms of this Lease shall remain in full force and effect and shall be binding on any successor
in interest. Any security given by Tenant to secure performance of Tenant’s obligations hereunder
may be assigned and transferred by Landlord to such successor in interest, and Landlord shall
thereby be discharged of any further obligation relating thereto.
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27. Governing Law and Venue. This Lease is governed by and will be construed in
accordance with the laws of the State of Michigan. The venue of any litigation arising in connection with
this Lease shall be in state court in Wayne County, Michigan.
28. Entire Agreement. This Lease, together with the exhibits attached hereto, constitutes the
entire agreement and understanding between the parties with respect to the subject matter hereof, and
supersedes all prior or contemporaneous representations, understandings and agreements, whether oral or
written, made by or between the parties with respect to the subject matter hereof, including any letter of
intent executed by the parties. No supplement, amendment or modification of this Lease is binding unless
reflected by a written instrument signed by both parties.
29. Multiple Originals; Execution of Agreement. This Lease may be executed in multiple
original counterparts, each of which is deemed an original and all of which when taken together constitute
one and the same instrument. The delivery of this Lease by facsimile or electronic mail will be considered
the delivery of an original signed Lease.
30. Severability. If any provision of this Lease is determined by a court of competent
jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability will not
affect any other provision of this Lease, and the remainder of this Lease will be construed and interpreted
as if such invalid, illegal or unenforceable provision had never been contained herein.
31. Time. Unless otherwise specified herein, any time period or deadline provided in this
Lease will be measured in calendar days. As used throughout this Lease, the term “business days” shall
mean all calendar days excluding Saturdays, Sundays, and generally recognized State of Michigan and/or
national legal holidays. If any such time period or deadline expires on a Saturday, Sunday, or generally
recognized State of Michigan and/or national legal holiday, then such time period or deadline will be
extended to the first business day thereafter. Time is of the essence in the performance of the terms of this
Lease.
32. Survival. All indemnifications set forth in this Lease, and all covenants in this Lease
specifically providing for survival, will survive the termination of this Lease.
33. Waiver. No waiver by either party of any of its rights or remedies under this Lease will
be considered a waiver of any other or subsequent right or remedy. No waiver by either party of any of its
rights or remedies hereunder will be effective unless evidenced by a written instrument executed by the
waiving party.
34. Recording. Neither this Lease nor any memorandum thereof shall be recorded in the public
records.
36. No Partnership. Nothing herein contained shall be deemed or construed by the parties
hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint
venture between parties hereof, it being understood and agreed that neither the method of computation of
rental, nor any other provisions contained herein, nor any acts of the parties hereto, shall be deemed to
create any relationship between the parties hereto other than the relationship of Landlord and Tenant.
38. Bankruptcy. Landlord and Tenant (as either debtor or debtor-in-possession)
agree that if a petition ("Petition") is filed by or against Landlord under any Chapter of Title 11 of the
United States Code (the "Bankruptcy Code"), that Tennant shall have the right to remain in possession of
the Premises under the terms of this Lease which shall remain in full force and effect.
Lease Agreement – 420 S. Harvey Page 7 of 9
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LEASE AGREEMENT
Signature Page
IN WITNESS WHEREOF, Landlord has executed this Lease Agreement as of the Effective Date.
LANDLORD:
420 Harvey Rental and Storage, LLC,
a Michigan limited liability company
By:
Print Name: Edgar Ramon
Title: Manager
Lease Agreement – 420 S. Harvey Page 8 of 9
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LEASE AGREEMENT
Signature Page (cont.)
IN WITNESS WHEREOF, Tenant has executed this Lease Agreement as of the Effective Date.
TENANT:
420 Harvey Holdings, LLC,
an Michigan limited liability company
By:
Print Name: Cory Roberts
Title: Manager
[End of Signatures]
Lease Agreement – 420 S. Harvey Page 9 of 9
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 11, 2023 Title: Bike Path Relocation at Adelaide Pointe
Submitted By: LeighAnn Mikesell Department: Manager’s Office
Brief Summary: Staff is seeking approval of the exchange of property for the relocation of the
Lakeshore Trail bike path within the Adelaide Pointe development.
Detailed Summary & Background: In cooperation with the development at Adelaide Pointe, staff is
requesting a change in the alignment of the Lakeshore Trail. Exhibits showing the existing location
of the property/trail overlayed with the proposed location are included for reference. Adelaide
Pointe QOZB will deed to the city the necessary property for the trail realignment, and the city will
deed to Adelaide Pointe QOZB the former trail property. All closing costs will be borne by the
developer. Please note that this property exchange requires the city to enter into the MDNR
conversion process, and staff is collaborating with the state on this effort.
Goal/Focus Area/Action Item Addressed: Action Item 2022 – 2.6 Complete Adelaide Pointe public
improvements
Amount Requested: $0 Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: to approve the exchange of property for the relocation of the Lakeshore
Trail within the Adelaide Pointe development and authorize the City Manager to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
QUIT CLAIM DEED
KNOW ALL PERSONS BY THESE PRESENTS:
City of Muskegon, a municipal corporation
whose address is 1204 W Western Avenue, Muskegon, MI 49441
Quit Claim(s) to That Adelaide Pointe QOZB LLC, a Michigan limited liability company
whose address is 1204 W Western Avenue, Muskegon, MI 49441
the following described premises situated in the City of Muskegon, County of Muskegon, State of
Michigan:
SEE ATTACHED EXHIBIT "A"
(Current Bike Path)
This instrument is exempt from taxation for the County Real Estate Transfer Tax
pursuant to MCL.207.505.a
This instrument is exempt from taxation for the State Real Estate Transfer Tax
pursuant to MCL.207.526.a.
Dated this _____________________
(Quit Claim Deed (page 2) dated: ______________________
between Adelaide Pointe QOZB LLC, a Michigan limited liability company, Grantee(s) and city of
Muskegon, a municipal corporation, Grantor(s).)
City of Muskegon, a municipal corporation
By:
It's
By:
It's
STATE OF _____________
COUNTY OF_______________
On ____________________, before me appeared ____________________ to who is the _____________
and ____________________ to who is the _____________ of the City of Muskegon, a municipal
corporation
Print Name: ________________
Notary Public __________ County, Michigan
Acting in __________ County
My term expires __________
File No. 372885LKS
Drafted by: Return to:
Ryan M. Leestma Grantee
1204 W Western Avenue
Muskegon, MI 49441
EXHIBIT A
(East 1/2 Old Bike Path):
That part of Block 578, Revised Plat of 1903, City of Muskegon, Muskegon County, Michigan, as recorded in Liber 3 of
Plats, Page 71, described as commencing at the Southeast corner of Lot 4, Block 577 of said Revised Plat of 1903; thence
South 88°40'42" West along the North right of way line of Western Avenue, 847.60 feet; thence North 01°31'57" West,
256.10 feet; thence North 32°02'28" East, 47.00 feet; thence North 55°40'08" East, 89.20 feet; thence North 35°29'57"
West, 127.65 feet; thence North 02°27'17" West, 553.00 feet; thence South 55°37'53" West, 243.00 feet; thence North
34°22'07" West, 235.92 feet to the point of beginning; thence North 33°32'57" West, 16.08 feet; thence North 62°10'01"
East, 211.19 feet; thence South 87°42'46" East, 126.81 feet; thence North 71°39'34" East, 169.45 feet; thence South
53°57'29" East, 104.89 feet; thence South 36°27'44" East, 604.13 feet; thence South 01°31'44" East, 16.00 feet; thence
South 88°27'16" West, 8.34 feet; thence North 36°27'44" West, 610.01 feet; thence North 53°57'29" West, 94.21 feet;
thence South 71°39'34" West, 164.14 feet; thence North 87°42'46" West, 125.42 feet; thence South 62°10'01" West,
205.29 feet to the point of beginning.
(West 1/2 Old Bike Path):
That part of Blocks 578 and 580 of the Revised Plat (of 1903) of the City of Muskegon, Muskegon County, Michigan,
described as: Commencing at the Southeast corner of Lot 4, Block 577 of said Revised Plat (of 1903); thence South
88°40'42" West along the North right of way line of Western Avenue, 847.60 feet; thence North 01°31'57" West, 256.10
feet; thence North 32°02'28" East, 47.00 feet; thence North 55°40'08" East, 89.20 feet; thence North 35°29'57" West,
127.65 feet; thence North 02°27'17" West, 553.00 feet; thence South 55°37'53" West, 243.00 feet; thence North 34°22'07"
West, 235.92 feet to the point of beginning; thence South 50°44'04" West, 329.75 feet; thence South 20°19'09" West,
96.30 feet; thence South 23°53'54" East, 405.55 feet; thence North 34°34'00" West along the Northeast line of Lakeshore
Yacht Harbor, as recorded in Liber 1290, Page 64 and amended in Liber 1295, Page 438, 86.43 feet; thence North
23°53'54" West, 327.11 feet; thence North 20°19'09" East, 107.14 feet; thence North 50°44'04" East, 335.70 feet; thence
South 33°32'57" East, 16.08 feet to the point of beginning.
QUIT CLAIM DEED
KNOW ALL PERSONS BY THESE PRESENTS: That Adelaide Pointe QOZB LLC,
a Michigan limited liability company
whose address is 1204 W Western Avenue, Muskegon, MI 49441
Quit Claim(s) to City of Muskegon, a municipal corporation
whose address is 933 Terrace, Muskegon, MI 49440
the following described premises situated in the City of Muskegon, County of Muskegon, State of
Michigan:
SEE ATTACHED EXHIBIT "A"
(New Bike Path)
Grantor hereby reserves the right of pedestrian ingress and egress over the subject
property, for the benefit of the property listed on EXHIBIT B; along with the right to grant an
easement for pedestrian ingress and egress over the subject property to other parcels split
from the benefited property with in the Planned Unit Development.
This instrument is exempt from taxation for the County Real Estate Transfer Tax
pursuant to MCL.207.505.a
This instrument is exempt from taxation for the State Real Estate Transfer Tax
pursuant to MCL.207.526.a.
Dated this _____________________
(Quit Claim Deed (page 2) dated: ______________________
between Adelaide Pointe QOZB LLC, a Michigan limited liability company, Grantor(s) and City of
Muskegon, a municipal corporation, Grantee(s).)
Adelaide Pointe QOZB LLC, a Michigan
limited liability company
By: Ryan M. Leestma
It's Manager
STATE OF _____________
COUNTY OF_______________
On ____________________, before me appeared Ryan M. Leestma to who is the Manager of
Adelaide Pointe QOZB LLC, a Michigan limited liability company.
Print Name: ________________
Notary Public __________ County, Michigan
Acting in __________ County
My term expires __________
File No. 372885LKS
Drafted by: Return to:
Ryan M. Leestma Grantee
1204 W Western Avenue
Muskegon, MI 49441
EXHIBIT A
New Bike Path
A 16 foot wide parcel located in that part of Blocks 578 & 579 of the Revised Plat of 1903 of
the City of Muskegon, Section 25, Town 10 North, Range 17 West, City of Muskegon,
Muskegon County, Michigan, said path easement being described as: COMMENCING at the
Southeast corner of Lot 4 of Block 577; thence North 87°52'58" West 865.74 feet along the
North right-of-way line of Western Avenue; thence Westerly 158.32 feet along said North right-
of-way line on a 430.58 foot radius curve to the left, the chord of which bears South 81°35'02"
West 157.43 feet; thence North 31°10'08" West 506.57 feet to the PLACE OF BEGINNING of
said pathway easement; thence North 31°10’08” West 85.86 feet; thence North 20°25'45" West
36.80 feet; thence Northwesterly 97.86 feet on 223.00 foot radius curve to the left, the chord
of which bears North 33°00’03” West 97.08 feet; thence Northwesterly 77.66 feet on a 115.00
foot radius curve to the right, the chord of which bears North 26°13'37" West 76.19 feet; thence
Northwesterly 100.63 feet on a 178.00 foot radius curve to the left, the chord of which bears
North 23°04'38" West 99.30 feet; thence Northeasterly 172.35 feet on a 101.00 foot radius
curve to the right, the chord of which bears North 09°36'46" East 152.19 feet; thence North
58°29'54" East 610.85 feet; thence South 31°22'33" East 57.90 feet; thence South 73°07'40"
East 179.45 feet; thence North 58°37'27" East 114.24 feet to the Easterly line of an existing
pathway as recorded in Liber 3523, Page 372; thence South 50°31'09" East 70.55 feet along
said pathway; thence South 48°13'46" West 16.19 feet; thence North 50°31'09" West 56.71
feet along aforesaid recorded pathway; thence South 58°37'27" West 110.02 feet; thence
North 73°07'40" West 192.71 feet; thence North 31°22'33" West 47.97 feet; thence South
58°29'54" West 594.81 feet; thence Southwesterly 145.05 feet on an 85.00 foot radius curve
to the left, the chord of which bears South 09°36’46” West 128.08 feet; thence Southeasterly
109.68 feet on a 194.00 foot radius curve to the right, the chord of which bears South 23°04'38"
East 108.22 feet; thence Southeasterly 66.85 feet on a 99.00 foot radius curve to the left, the
chord of which bears South 26°13'37" East 65.59 feet; thence Southeasterly 104.88 feet on a
239.00 foot radius curve to the right, the chord of which bears South 33°00'03" East 104.04
feet; thence South 20°25'45" East 121.16 feet to the place of beginning.
EXHIBIT B
PARCEL 1:
That part of Blocks 577, 578 and 579, Revised Plat of 1903, City of Muskegon, Muskegon County, Michigan, as
recorded in Liber 3 of Plats, Page 71, and the 30 foot railroad right of way between said Blocks described as
follows: Commence at the Southeast corner of Lot 4 of said Block 577, Revised Plat of 1903, City of Muskegon,
Muskegon County, Michigan, as recorded in Liber 3 of Plats, Page 71 for a point of beginning; thence North
01°41'00" West along the Easterly line of said Lot 4 extended, a distance of 158.40 feet to the Southerly line of
the Chesapeake and Ohio Railroad right of way; thence North 76°43'00" West along said Southerly railroad
right of way line, 103.55 feet; thence Northwesterly along said Southerly railroad right of way line on the arc of a
492.47 foot radius curve to the right, a distance of 110.31 feet (the long chord of said curve bears North
70°18'00" West, 110.07 feet and the central angle of said curve is 12°50'00"); thence North 63°53'00" West
along said Southerly railroad right of way line, 67.00 feet to the Westerly line of said Block 574; thence North
02°04'00" West along said Westerly line of Block 574 a distance of 33.00 feet to the Northerly line of said
railroad right of way; thence continue North 02°04'00" West along said Westerly line of Block 574, a distance of
367.70 feet; thence North 37°00'00" West, 730.00 feet; thence North 48°00'00" West, 600 feet, more or less, to
the shore of Muskegon Lake (to a point hereinafter referred to a Point "A"); recommence at the point of
beginning; thence South 88°15'00" West along the Southerly line of Block 577 extended (also being the
Northerly line of Western Avenue) 865.80 feet; thence Westerly 158.33 feet along said North right of way line on
a 430.61 foot radius curve to the left, the chord of which bears South 77 degrees 43 minutes 00 seconds West,
157.44 feet to the Westerly line of the Northeasterly 200.00 feet of said Block 580 feet; thence North 35 degrees
02 minutes 10 seconds West, 850 feet, more or less, along said Westerly line to the shore of Muskegon Lake to
a point herein after called Point "B"; thence Northwesterly, Northeasterly, Southeasterly, Northeasterly,
Northwesterly Easterly and Southerly along the shore of Muskegon Lake, 3000 feet, more or less, to said Point
"A".
ALSO (East 1/2 Old Bike Path):
That part of Block 578, Revised Plat of 1903, City of Muskegon, Muskegon County, Michigan, as recorded in
Liber 3 of Plats, Page 71, described as commencing at the Southeast corner of Lot 4, Block 577 of said Revised
Plat of 1903; thence South 88°40'42" West along the North right of way line of Western Avenue, 847.60 feet;
thence North 01°31'57" West, 256.10 feet; thence North 32°02'28" East, 47.00 feet; thence North 55°40'08"
East, 89.20 feet; thence North 35°29'57" West, 127.65 feet; thence North 02°27'17" West, 553.00 feet; thence
South 55°37'53" West, 243.00 feet; thence North 34°22'07" West, 235.92 feet to the point of beginning; thence
North 33°32'57" West, 16.08 feet; thence North 62°10'01" East, 211.19 feet; thence South 87°42'46" East,
126.81 feet; thence North 71°39'34" East, 169.45 feet; thence South 53°57'29" East, 104.89 feet; thence South
36°27'44" East, 604.13 feet; thence South 01°31'44" East, 16.00 feet; thence South 88°27'16" West, 8.34 feet;
thence North 36°27'44" West, 610.01 feet; thence North 53°57'29" West, 94.21 feet; thence South 71°39'34"
West, 164.14 feet; thence North 87°42'46" West, 125.42 feet; thence South 62°10'01" West, 205.29 feet to the
point of beginning.
ALSO (West 1/2 Old Bike Path):
That part of Blocks 578 and 580 of the Revised Plat (of 1903) of the City of Muskegon, Muskegon County,
Michigan, described as: Commencing at the Southeast corner of Lot 4, Block 577 of said Revised Plat (of
1903); thence South 88°40'42" West along the North right of way line of Western Avenue, 847.60 feet; thence
North 01°31'57" West, 256.10 feet; thence North 32°02'28" East, 47.00 feet; thence North 55°40'08" East, 89.20
feet; thence North 35°29'57" West, 127.65 feet; thence North 02°27'17" West, 553.00 feet; thence South
55°37'53" West, 243.00 feet; thence North 34°22'07" West, 235.92 feet to the point of beginning; thence South
50°44'04" West, 329.75 feet; thence South 20°19'09" West, 96.30 feet; thence South 23°53'54" East, 405.55
feet; thence North 34°34'00" West along the Northeast line of Lakeshore Yacht Harbor, as recorded in Liber
1290, Page 64 and amended in Liber 1295, Page 438, 86.43 feet; thence North 23°53'54" West, 327.11 feet;
thence North 20°19'09" East, 107.14 feet; thence North 50°44'04" East, 335.70 feet; thence South 33°32'57"
East, 16.08 feet to the point of beginning.
EXCEPT (Railroad): That part of the above described parcel that lies within the Chesapeake and Ohio Railroad
right of way as recorded in Liber 702, Page 134.
ALSO EXCEPT (between Lots 4 and 5, Block 577):
A parcel of land lying between, and in part North of, Lots 4 and 5 of Block 577 described as follows: That part of
Block 574 of said Revised Plat of 1903, City of Muskegon, Muskegon County, Michigan, as recorded in Liber 3
of Plats, Page 71, described as: Commencing at the Southwest corner of said Lot 4 for a point of beginning;
thence Westerly along the Northerly line of Western Avenue, 20.5 feet to the Southeast corner of said Lot 5;
thence Northerly along the Easterly line of said Lot 5 to the Southerly line of the Chesapeake and Ohio Railroad
right of way; thence Southeasterly along the Southerly line of said railroad right of way to the Northwest corner
of Lot 3 of said Block 577; thence South along the West line of said Lot 3 to the Northeast corner of said Lot 4;
thence Westerly along the Northerly line of said Lot 4, a distance of 40 feet to the Northwest corner of said Lot
4; thence Southerly along the West line of said Lot 4 to point of beginning.
0 30 60
PLAN SCALE: 1" = 60'
BOATERS
SERVICE
MULTI-PURPOSE
”
”
N A
ARI
T M
WE
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P:\223144 Adelaide Pointe Staking - State Plane\CAD\DWG\223144.1_Adelaide Pointe PROPOSED PATH.dwg - Map - 7/7/2023 3:11:06 PM_Marc Jacobsen
SURVEY CREW / DATE:
PLAN REVISIONS PROPOSED TRAIL EASEMENT
DRAWN BY:
SECTION 25, TOWN 10 NORTH, RANGE 17 WEST
CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN CHECKED BY:
WESTERN AVENUE
CONTACT INFO:
ADELAIDE POINTE
DATE:
Moore+Bruggink PROJECT NO.:
Consulting Engineers
2020 Monroe Ave.
Grand Rapids, MI 49505
(616) 363-9801 mailbox@mbce.com 1 OF 1
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 11, 2023 Title: District Library Board Appointment
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: To make an appointment to the District Library Board for a citizen position with a
term expiring June 30, 2027. There are two qualified applicants, Thomas DeVoogd and Karen
Evans. Karen Evans held this appointment until the term expired on June 30, 2023.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed: 2027 Goal 3: Community Connection; Help increase
public participation
Amount Requested: n/a Budgeted Item:
Yes No N/A
Fund(s) or Account(s): n/a Budget Amendment Needed:
Yes No N/A
Recommended Motion: To appoint ______________________ to the citizen position on the
District Library Board, term expiring June 30, 2027.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
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