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City of Muskegon City Commission Meeting Agenda November 14, 2023, 5:30 pm Muskegon City Hall 933 Terrace Street, Muskegon, MI 49440 AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF MUSKEGON AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES To give comment on a live-streamed meeting the city will provide a call-in telephone number to the public to be able to call and give comment. For a public meeting that is not live-streamed, and which a citizen would like to watch and give comment, they must contact the City Clerk’s Office with at least a two-business day notice. The participant will then receive a zoom link which will allow them to watch live and give comment. Contact information is below. For more details, please visit: www.shorelinecity.com The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audio tapes of printed materials being considered at the meeting, to individuals with disabilities who want to attend the meeting with twenty-four (24) hours’ notice to the City of Muskegon. Individuals with disabilities requiring auxiliary aids or services should contact the City of Muskegon by writing or by calling the following: Ann Marie Meisch, MMC – City Clerk, 933 Terrace Street, Muskegon, MI 49440; 231-724-6705; clerk@shorelinecity.com Pages 1. Call To Order 2. Prayer 3. Pledge of Allegiance 4. Roll Call 5. Honors, Awards, and Presentations 5.a Introduce New Staff - Finance Clerk 5.b Introduce New Staff - Development Analyst 5.c Employee Service Awards 1 6. Public Comment on Agenda Items 7. Consent Agenda 7.a Approval of Minutes - City Clerk 2 7.b Local Officers Compensation Commission Recommendation - City Clerk 19 7.c Early Voting Plan - City Clerk 23 7.d Gaming Resolution - Friends of Hackley Public Library - City Clerk 33 7.e Sale of 1141 Jefferson Street - Manager's Office 35 7.f Sale of 169 McLaughlin Avenue - Manager's Office 44 7.g DPW Asset Management Software - DPW 51 7.h Emergency City Hall Chiller Repairs - DPW 77 7.i Pere Marquette Restroom RFP - DPW 79 7.j Regional Transit Authority Resolution - Manager's Office 122 7.k Concession Contract Mac Kite - Parks & Recreation 132 7.l Request to rezone 162 E Apple, 170 E Apple, 974 Spring, 971 Jay, and 142 151/157/171/181 Allen - Second Reading - Planning 7.m Request to Rezone 550 W Grand Ave - Second Reading - Planning 149 7.n City Hall Operations Space Needs Analysis Contract - Development Services 156 7.o Contract - City Hall Floor Office Remodel - Development Services and Public 187 Safety 7.p DDA and District Library Member Appointments - City Clerk 194 8. Public Hearings 9. Unfinished Business 10. New Business 10.a Conflict of Interest Disclosure for Employee Request -Community & 195 Neighborhood Services 10.b Fire Engine Replacement Purchase - Fire Department 202 10.c Final Planned Unit Development Approval - 2400/2850 Lakeshore Drive 210 10.d 1st Quarter Budget Reforecast - Finance 246 11. Any Other Business 12. Public Comment on Non-Agenda items 13. Closed Session 13.a Discuss Pending Litigation 14. Adjournment 2023 SERVICE AWARD RECIPIENTS 35 Years James Straley (HWY) 30 Years David Baker (WS) Elton Williams (WS) 25 Years Kristi Anthony (P-REC) Nathan Baker (POL) Marlin Dunmire (POL) Benjerman Gibbs (EQP) Leslie Ruth Luttrull (PKS) 20 Years Timothy Bahorski (POL) Matthew Gillette (EQP) Jeremy Velik (POL) 15 Years Michael Armstrong (WS) Jeffrey Balon (HWY) Congratulations and Aaron Bennett (EQP) Kyle Hall (POL) Thank You! Joshua Langlois (WS) Troy Marciniak (HWY) Fredrick Pease (ENG) Tracy Cox (POL) We congratulate, and 10 Years Shanda Dziachan (POL) thank each of you with Kyle Fry (POL) deepest gratitude for your Terry Spyke (ENG) distinguished service, 5 Years Sharonda Carson (CNS) Timothy Duba (PKS) loyalty, and dedication to Jeremy Hugall (PKS) the Citizens and Staff of Debra Matz (POL) Juan Medina-Vaca (POL) the City of Muskegon Robert Neal (POL) Harold Paulson, Jr. (FIR) Lyra Webb (PSB) Gabrielle Yadlosky (POL) 7.a Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 11/14/23 Title: Approval of Minutes Submitted By: Ann Marie Meisch, MMC Department: City Clerk Brief Summary: To approve the minutes of the October 24, 2023 Regular Meeting. Detailed Summary & Background: Goal/Focus Area/Action Item Addressed: Amount Requested: Budgeted Item: Yes No N/A Fund(s) or Account(s): Budget Amendment Needed: Yes No N/A Recommended Motion: To approve the minutes. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review City of Muskegon City Commission Meeting Minutes October 24, 2023, 5:30 pm Muskegon City Hall 933 Terrace Street, Muskegon, MI 49440 Present: Mayor Ken Johnson Commissioner Rachel Gorman Commissioner Rebecca St.Clair Commissioner Eric Hood Vice Mayor Willie German, Jr. Commissioner Teresa Emory Absent: Commissioner Michael Ramsey Staff Present: City Manager Jonathan Seyferth City Clerk Ann Meisch City Attorney John Schrier Deputy City Clerk Kimberly Young 1. Call To Order Mayor Johnson called the City Commission meeting to order at 5:30 p.m. 2. Prayer Pastor Dwayne Riley, Crestwood United Methodist Church, opened the meeting with 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 5.a Resolution Recognizing October as Domestic Violence Awareness and Prevention Month Action No. 2023-111 Motion by: Commissioner St.Clair Second by: Vice Mayor German To recognize October as Domestic Violence Awareness Month. Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner Emory Absent (1): Commissioner Ramsey MOTION PASSES (6 to 0) 6. Public Comment on Agenda Items Public comments were received. 7. Consent Agenda Action No. 2023-112 Motion by: Commissioner Gorman Second by: Commissioner Hood To accept the consent agenda as presented, minus items B, C, D, H, I, and J. Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner Emory Absent (1): Commissioner Ramsey MOTION PASSES (6 to 0) 7.a Approval of Minutes - City Clerk To approve the minutes of the October 9, 2023 Worksession and October 10, 2023 Regular Meeting. STAFF RECOMMENDATION: To approve the minutes. 7.e Splash Pad Reconstruction Design - Parks & Recreation 2 A request for staff to enter into a contract with Fleis & Vandenbrink for design of the Spark grant-funded splash pad reconstruction. STAFF RECOMMENDATION: To authorize staff to enter into a contract with Fleis & Vandenbrink for design of the Spark grant-funded splash pad reconstruction. 7.f GameTime Playground Grant - Parks & Recreation A request to allow staff to enter into a contract with Sinclair Recreation for the purchase of 4 new playgrounds for a total amount of $446,531.89. This includes the installation of St. Joseph’s only. STAFF RECOMMENDATION: To approve for staff to enter into a contract with Sinclair Recreation for the purchase of 4 new playgrounds for a total amount of $446,531.89 7.g Equipment Purchases - DPW Staff requests authorization to purchase five (5) fleet vehicles from Berger Chevrolet to replace and supplement DPW and fleet administration vehicles for a total of $193,308. STAFF RECOMMENDATION: To approve for staff to purchase five (5) fleet vehicles from Berger Chevrolet to replace and supplement DPW and fleet administration vehicles for a total of $193,308. 7.k General Capital Spring Street Senior Housing Municipal Services Agreement - Development Services City Staff has negotiated and reviewed a Payment in Lieu of Taxes and Municipal Services agreement for commission consideration for a new construction 53-unit Senior affordable housing complex at and around 162 E. Apple Avenue. Pursuant to our 5 Year Housing Needs Assessments call for over 1,000 rental units priced under $1,430 a month, staff has made overtures and established relationships with several new and existing LIHTC developers. General Capital has already successfully completed two new construction facilities in our community, and is seeking to complete a third with the Spring Street Berkshire Apartments. This site will support 53 affordable senior apartments. General Capital is seeking a Municipal Services Charge of 3% of net shelter rents. This should equal roughly $15,000 per year for the city to keep to defray costs of public service delivery to the site. General Capital 3 is also requesting a 7% Payment in lieu of Taxes agreement, which is detailed in another agenda item in the packet. STAFF RECOMMENDATION: To approve the Municipal Services Agreement with GENCAP SPRING STREET 53 LIMITED DIVIDEND HOUSING ASSOCIATION, LLC and authorize the mayor and clerk to sign. 7.l General Capital Nelson School Family/Workforce Contract for Housing Exemption (PILOT) - Development Services City Staff has negotiated and reviewed a Payment in Lieu of Taxes and Municipal Services agreement for commission consideration for a new construction 52-unit Workforce affordable housing complex at and around the Nelson School property, 550 West Grand Avenue. Pursuant to our 5 Year Housing Needs Assessments call for over 1,000 rental units priced under $1,430 a month, staff has made overtures and established relationships with several new and existing LIHTC developers. General Capital has already successfully completed two new construction facilities in our community, and is seeking to complete a third with the Nelson School Apartments. This site will support 52 affordable workforce apartments. General Capital is seeking a Payment in lieu of Taxes (PILOT) of 5% of net shelter rents. This should equal roughly $24,000 per year for the city to divide between taxing jurisdictions. General Capital is also requesting a 3% Municipal Services Charge, which is detailed in another agenda item in the packet. Note that this item does not yet include the legal description exhibit that we would usually see with the document, and that is due to a lot split survey that is forthcoming and will be added to the document when complete. Specifically, this lot split will leave the sports field and playground on site under the ownership of MPS and open to the public. STAFF RECOMMENDATION: To approve the Contract for Housing Exemption with GENCAP NELSON LIMITED DIVIDEND HOUSING ASSOCIATION, LLC and authorize the mayor and clerk to sign. 7.m General Capital Nelson School Family/Workforce Housing Municipal Services Agreement - Development Services City Staff has negotiated and reviewed a Payment in Lieu of Taxes and Municipal Services agreement for commission consideration for a new 4 construction 52-unit Workforce affordable housing complex at and around the Nelson School property, 550 West Grand Avenue. Pursuant to our 5 Year Housing Needs Assessments call for over 1,000 rental units priced under $1,430 a month, staff has made overtures and established relationships with several new and existing LIHTC developers. General Capital has already successfully completed two new construction facilities in our community, and is seeking to complete a third with the Nelson School Apartments. This site will support 52 affordable workforce apartments. General Capital is seeking a Municipal Services Charge of 3% of net shelter rents. This should equal roughly $15,000 per year for the city to keep to defray costs of public service delivery to the site. General Capital is also requesting a 5% Payment in lieu of Taxes agreement, which is detailed in another agenda item in the packet. STAFF RECOMMENDATION: To approve the Municipal Services Agreement with GENCAP NELSON LIMITED DIVIDEND HOUSING ASSOCIATION, LLC and authorize the mayor and clerk to sign. 7.n Pivotal Development Harbor View Family/Workforce Housing Contract for Housing Exemption (PILOT) - Development Services City Staff has negotiated and reviewed a Payment in Lieu of Taxes and Municipal Services agreement for commission consideration for a new construction 46-unit workforce/family affordable housing complex at and around 122 East Muskegon Avenue. Pursuant to our 5 Year Housing Needs Assessments call for over 1,000 rental units priced under $1,430 a month, staff has made overtures and established relationships with several new and existing LIHTC developers. Pivotal Development is one of the largest Low Income Housing Development Tax Credit developers in the Midwest, and are seeking to complete their first Muskegon area project with the Harbor View Lofts. This site will support 46 affordable workforce apartments. Pivotal is seeking a PILOT payment of 5% of net shelter rents. This should equal roughly $18,000 per year for the city to keep to defray costs of public service delivery to the site. Pivotal is also requesting a 3% Municipal Services Agreement, which is detailed in another agenda item in the packet. 5 STAFF RECOMMENDATION: To approve the Contract for Housing Exemption with HARBOR VIEW LIMITED DIVIDEND HOUSING ASSOCIATION LLC and authorize the mayor and clerk to sign. 7.o Pivotal Development Harbor View Family/Workforce Housing Municipal Services Agreement - Development Services City Staff has negotiated and reviewed a Payment in Lieu of Taxes and Municipal Services agreement for commission consideration for a new construction 46-unit workforce/family affordable housing complex at and around 122 East Muskegon Avenue. Pursuant to our 5 Year Housing Needs Assessments call for over 1,000 rental units priced under $1,430 a month, staff has made overtures and established relationships with several new and existing LIHTC developers. Pivotal Development is one of the largest Low Income Housing Development Tax Credit developers in the Midwest, and are seeking to complete their first Muskegon area project with the Harbor View Lofts. This site will support 46 affordable workforce apartments. Pivotal is seeking a Municipal Services Agreement equal to 3% of net shelter rents. This should equal roughly $10,800 per year for the city to keep to defray costs of public service delivery to the site. Pivotal is also requesting a 5% Payment in lieu of Taxes Agreement, which is detailed in another agenda item in the packet. STAFF RECOMMENDATION: To approve the Municipal Services Agreement with HARBOR VIEW LIMITED DIVIDEND HOUSING ASSOCIATION LLC and authorize the mayor and clerk to sign. 7.p Froebel School Sales Agreement to Samaritas - Development Services City staff is proposing a sale of Froebel School, located at 417 Jackson Street, to Samaritas for $1,000.00 contingent on the award of Low Income Housing Tax Credits for their proposed adaptive reuse development at the site. City staff have worked with Samaritas and our legal counsel to draft the attached purchase agreement. Note the amount is very nominal, but given the amount of damage to the building and remediation necessary we feel it represents a reasonable market value. The replacement value of the building is likely exceeded by the needed repairs, and if it weren’t for the prospect of doing an affordable housing project on the site and the 6 potential for federal Low Income Housing Tax Credits to offset the project we would not be able to convey the building at all. Given the extensive likely presence of asbestos and other remediation- worthy materials along with the large substructure, our early estimates on removal of the building are very cost prohibitive. This low purchase price presents an opportunity to save the building for a high priority adaptive reuse and simultaneously avoid our current carried costs and potential future demolition expenses. STAFF RECOMMENDATION: To approve the Sales Agreement for 417 Jackson to Samaritas for $1,000.00 as presented. 7.b Storage Area Network Device (SAN) - Information Technology Staff is requesting authorization to purchase a new Storage Area Network appliance to host the City of Muskegon virtual server systems. STAFF RECOMMENDATION: To approve the purchase of a Storage Area Network appliance from Dell Technologies. Action No. 2023-113(b) Motion by: Vice Mayor German Second by: Commissioner St.Clair To approve the purchase of a Storage Area Network appliance from Dell Technologies. Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner Emory Absent (1): Commissioner Ramsey MOTION PASSES (6 to 0) 7.c Water Treatment Chemical Bids - DPW - Water Filtration Staff is requesting approval of contracts with Univar and USALCO to supply fluoride and alum to the Water Filtration Plant. The Water Filtration Plant purchases water treatment chemicals as part of a cooperative that includes seven other area municipalities. The contracts and bidding processes are managed by the City of Grand Rapids. The City of Grand Rapids issued two separate public invitations to bid on 7 supplying and delivering water treatment chemicals: one for fluoride (hydrofluorosilicic acid) and one for alum (aluminum sulfate). Staff is requesting approval of the contracts with the lowest bidders, Univar (fluoride) and USALCO (alum). The fluoride contract is for a one-year term and the alum contract is for a one-year term with the option of two one- year renewals. The Water Filtration Plant uses an average of 60 tons of fluoride annually. Under the contract with Univar, the estimated annual cost based on average use will be $30,000 ($500/ton). The Water Filtration Plant uses an average of 251 dry tons of alum annually. Under the contract with USALCO, the estimated annual cost based on average use is: Year 1 ($455.80/dry ton): $114,500 Year 2 ($470.17/dry ton): $118,500 Year 3 ($490.70/dry ton): $123,000 Fluoride and alum purchases are included in the Water Filtration Plant budget. Based on average use, it is anticipated that no budget adjustments will be required this fiscal year. However, the actual amount spent will ultimately depend on water usage and source water quality. AMOUNT REQUESTED: $144,500 (Year 1 estimate, flouride and alum) $118,500 (Year 2 estimate, alum only) $123,000 (Year 3 estimate, alum only) STAFF RECOMMENDATION: To approve the water treatment chemical contracts with Univar and USALCO. Action No. 2023-113(C) Motion by: Commissioner Emory Second by: Vice Mayor German To approve the water treatment chemical contracts with Univar and USALCO. Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner Emory Absent (1): Commissioner Ramsey MOTION PASSES (6 to 0) 8 7.d Conversion Assistance Amendment - DPW Staff requests authorization to enter into an amended Agreement with Ramboll for assistance in resolving the conversion of the Lakeshore Trail and Hartshorn properties. STAFF RECOMMENDATION: To approve of staff entering into an amended agreement with Ramboll for assistance in resolving the conversion of the Lakeshore Trail & Hartshorn properties. Action No. 2023-113(d) Motion by: Commissioner St.Clair Second by: Commissioner Hood To approve of staff entering into an amended agreement with Ramboll for assistance in resolving the conversion of the Lakeshore Trail & Hartshorn properties. Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner Emory Absent (1): Commissioner Ramsey MOTION PASSES (6 to 0) 7.h Request to Rezone 162 E Apple, 170 E Apple, 974 Spring, 971 Jay, and 151/157/171/181 Allen - Planning Request to rezone 162 E Apple Ave, 170 E Apple Ave, and 974 Spring St from B-2, Convenience & Comparison Business to FBC, Neighborhood Core and to rezone 151/157/171/181 Allen Ave and 971 Jay St from R-3, High Density Single Family Residential to FBC, Neighborhood Core, by General Capital Acquisitions, LLC. The properties are being rezoned to allow for affordable apartments. The Planning Commission recommended approval of the request by a 7-0 vote. SECOND READING REQUIRED STAFF RECOMMENDATION: To approve the request to rezone 162 E Apple, 170 E Apple, 974 Spring, 971 Jay, and 151/157/171/181 Allen to Form Based Code, Neighborhood Core. 9 Action No. 2023-113(h) Motion by: Vice Mayor German Second by: Commissioner St.Clair To approve the request to rezone 162 E Apple, 170 E Apple, 974 Spring, 971 Jay, and 151/157/171/181 Allen to Form Based Code, Neighborhood Core. Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner Emory Absent (1): Commissioner Ramsey MOTION PASSES (6 to 0) 7.i Request to Rezone 550 W Grand Ave - Planning Request to rezone the property at 550 W Grand Ave from FBC, Urban Residential to FBC, Neighborhood Core, by General Capital Acquisitions, LLC. The properties are being rezoned to allow for affordable apartments. The Planning Commission recommended approval of the request by a 7-0 vote. SECOND READING REQUIRED STAFF RECOMMENDATION: To approve the request to rezone the property at 550 W Grand Ave to Form Based Code, Neighborhood Core. Action No. 2023-113(i) Motion by: Vice Mayor German Second by: Commissioner St.Clair To approve the request to rezone the property at 550 W Grand Ave to Form Based Code, Neighborhood Core. Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner Emory Absent (1): Commissioner Ramsey 10 MOTION PASSES (6 to 0) 7.j General Capital Spring Street Senior Housing Contract for Housing Exemption (PILOT) Development Services City Staff has negotiated and reviewed a Payment in Lieu of Taxes and Municipal Services agreement for commission consideration for a new construction 53-unit Senior affordable housing complex at and around 162 Apple Avenue. Pursuant to our 5 Year Housing Needs Assessments call for over 1,000 rental units priced under $1,430 a month, staff has made overtures and established relationships with several new and existing LIHTC developers. General Capital has already successfully completed two new construction facilities in our community, and is seeking to complete a third with the Berkshire Spring Street Project. This site will support 53 affordable senior apartments. General Capital is seeking a Payment in lieu of Taxes (PILOT) of 7% of net shelter rents. This should equal roughly $30,100 per year for the city to divide between taxing jurisdictions. General Capital is also requesting a 3% Municipal Services Charge, which is detailed in another agenda item in the packet. Note that this item does not yet include the legal description exhibit that we would usually see with the document, and that is due to a lot split survey that is forthcoming and will be added to the document when complete. STAFF RECOMMENDATION: To approve the Contract for Housing Exemption with Spring Street Limited Dividend Housing Association Limited Partnership and authorize the mayor and clerk to sign. Action No. 2023-113(j) Motion by: Vice Mayor German Second by: Commissioner Emory To approve the Contract for Housing Exemption with Spring Street Limited Dividend Housing Association Limited Partnership and authorize the mayor and clerk to sign. 11 Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner Emory Absent (1): Commissioner Ramsey MOTION PASSES (6 to 0) 8. Public Hearings 8.a PRO Housing Grant - Public Hearing The Development Services Division is seeking input from the public regarding the PRO Housing Application. Stevie Parcell, Grants Program Coordinator for Community & Neighborhood Services provided an overview of the grant application being submitted and explained how public comments could be made during the public comment period. The Pro Housing Grant is intended to identify and remove obstacles to the production and preservation of affordable housing such as: gaps in resources available for development, deteriorating infrastructure, challenges to preserving existing housing stock, and many more. The City is requesting $10 million for the following eligible activities that will benefit only those residents at or below 80% of area median income: $3.5 million to establish a Housing Preservation Fund o $1.5 million for rental rehabilitation o $2 million for owner-occupied housing $6 million to finance the construction or rehabilitation of affordable housing o $1 million for acquisition/rehabilitation/resale projects and nonprofit capacity building o $4.5 million for construction of new units o $.5 million for acquisition of land or real property for development $500,000 for homebuyer down payment assistance 12 The plan is available for review in person in Room 202 of Muskegon City Hall, 933 Terrace Street, Muskegon, MI 49440, and online. Comments are accepted by email to Stevie Parcell at stevie.parcell@shorelinecity.com, by phone at (231) 724-6775, and by mail to the following address: Attn: Stevie Parcell 933 Terrace Street Muskegon, MI 49440 Comments will be accepted from Thursday, October 12th 2023 through Friday, October 27th, 2023. STAFF RECOMMENDATION: To close the public hearing and record comments provided. PUBLIC HEARING COMMENCED: Public comments were received as follow: Kwame James - in favor - grateful that the city is taking advantage of the opportunity to apply for the grant Jay Kilgo - in favor - would like to see a public education piece in the grant Dorothy Moss - in favor - would like to the city to have help available for residents to apply for funds if the grant is awarded Action No. 2023-114(a) Motion by: Commissioner St.Clair Second by: Commissioner Emory To close the public hearing and record comments provided Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner Emory Absent (1): Commissioner Ramsey MOTION PASSES (6 to 0) 9. Unfinished Business 10. New Business 13 10.a Inclusive Rebrand - Manager's Office Staff is requesting authorization to approve a contract with Kindred Marketing, in the amount of $50,000 for the completion of an inclusive rebranding for the City of Muskegon. An RFP was issued on August 28, 2023 for an Inclusive Rebrand for the city. The city is seeking a creative agency to develop an inclusive brand for its rebranding initiative. The selected agency's objective will be to develop a comprehensive rebranding strategy for the city. The agency will be responsible for building a brand kit that addresses the following goals: • Improve Muskegon’s image • Stimulate economic development • Unite the community through an inclusive process • Develop a comprehensive citywide brand strategy and roll-out plan • Create a dynamic new brand identity • Demonstrate Muskegon’s connection and community The current city logo was created decades ago and no brand guidelines, brand story or brand kit exist. In 2015, the city embarked on a rebranding journey and ultimately no consensus logo was selected. Currently, the City of Muskegon uses variations of the old logo, individual department logos, random colors and fonts, and the Watch Muskegon brand kit for city material. AMOUNT REQUESTED: Up to $50,000 FUND OR ACCOUNT: 101-103-801 STAFF RECOMMENDATION: To authorize staff to approve a contract with Kindred Marketing in the amount of $50,000 for the completion of an inclusive rebranding for the City of Muskegon. Action No. 2023-115(a) Motion by: Commissioner St.Clair Second by: Commissioner Gorman To authorize staff to approve a contract with Kindred Marketing in the amount of $50,000 for the completion of an inclusive rebranding for the City of Muskegon. 14 Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner Emory Absent (1): Commissioner Ramsey MOTION PASSES (6 to 0) 10.b Purchase Option for Windward Pointe - Manager's Office City Staff has worked with the City Attorney and Parkland Properties to draft an option agreement giving the City of Muskegon the exclusive right to purchase an area encompassing ten (10) lots at a reduced rate on the Windward Pointe PUD to install a new public park and Muskegon Lake access at the end of the Lincoln Street extension in the development. City staff has been working to enhance public access to Muskegon Lake in the Windward Pointe Planned Unit Development (PUD) submitted by Parkland Properties. During those conversations with Parkland, the site plan evolved to include considerably more public access points than in the original draft. However, those access points are mostly at the end of public rights of ways or smaller in area. To gain higher quality public access, staff proposed purchasing up to ten (10) lakefront parcels adjacent to a public parklet at the end of Lincoln Street originally intended for single-family houses. Staff pointed out that if we were to purchase some of the lots intended for single-family houses, Parkland would not need to run as many utility stubs and other infrastructure to these lots and potentially could leave them out of their Master Condo Agreement, saving further costs. Parkland agreed to a rate of $148,750 per lot, representing a 15% reduction in the average projected sale price on all waterfront lots in the PUD. The sites highlighted in RED on the attached screen grab of a portion of the PUD reflect the lots the City would have the option to buy. The option would commence at the closing date between Parkland and Pure Muskegon on the property, and the City would have two (2) years to execute these purchases. The staff anticipates that the PUD will come to the City Commission for consideration at your meeting on November 14th. AMOUNT REQUESTED: $1,487,500 15 STAFF RECOMMENDATION: To approve the Option Agreement between the City of Muskegon and Parkland Properties as presented and to authorize the mayor and clerk to sign. Action No. 2023-115(b) Motion by: Commissioner St.Clair Second by: Commissioner Emory To approve the Option Agreement between the City of Muskegon and Parkland Properties as presented and to authorize the mayor and clerk to sign. 11. Any Other Business Comments were made by Vice Mayor German, Commissioner St.Clair and Commissioner Hood. 12. Public Comment on Non-Agenda items Public comments were received. 13. Closed Session 14. Adjournment The City Commission meeting adjourned at 7:30 p.m. Motion by: Commissioner St.Clair Second by: Commissioner Gorman To adjourn. MOTION PASSES _________________________ Respectfully Submitted, Ann Marie Meisch, MMC - City Clerk 16 7.b Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 11/14/2023 Title: Local Officers Compensation Commission Recommendation Submitted By: Ann Meisch Department: City Clerk Brief Summary: The City of Muskegon’s Local Officers Compensation Commission met on October 16, 2023 and are recommending a salary increase of $600 for the Mayor ($8,600 to $9,200) and $600 for City Commissioners ($6,900 to $7,500). The LOCC is also recommending an increase in the budget for training, education, and travel from $1,500 to $2,000 and $750 to $1,000 respectively. Detailed Summary & Background: Goal/Focus Area/Action Item Addressed: Amount Requested: $6,200 Budgeted Item: Yes No X N/A Fund(s) or Account(s): 101-101-702 Budget Amendment Needed: Yes X No N/A Recommended Motion: To concur with the recommendation of the Local Officers Compensation Commission. Approvals: Guest(s) Invited / Presenting: Immediate Division Head X Information Technology Yes Other Division Heads X No X Communication Legal Review 7.c Agenda Item Review Form Muskegon City Commission 7.d Commission Meeting Date: 11/14/2023 Title: Gaming Resolution – Friends of Hackley Public Library Submitted By: Ann Marie Meisch, MMC Department: City Clerk Brief Summary: Friends of Hackley Public Library is requesting Recognition as a 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 Budgeted Item: Yes No N/A Fund(s) or Account(s): Budget Amendment Needed: Yes No N/A Recommended Motion: To approve the request from Friends of Hackley Public Library to be recognized as a non-profit in the City of Muskegon for the purpose of obtaining a charitable gaming license. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review 7.e Agenda Item Review Form Muskegon City Commission Commission Meeting Date: November 14, Title: Sale of 1141 Jefferson Street 2023 Submitted By: LeighAnn Mikesell Department: Manager’s Office Brief Summary: Staff is seeking approval of the sale of 1141 Jefferson Street. Detailed Summary & Background: In late 2020, the commission approved an agreement with Community EnCompass to construct affordable homes. The goals of the agreement were to further our economic equity efforts and create diversity of housing price points as we build housing infill. The agreement has been amended over time, and the project is now part of our ARPA infill housing initiative and our scattered site brownfield. We have received a purchase agreement for the second home located at 1141 Jefferson Street. The offer is for $180,000 with 3% toward seller concessions. The home was listed for $199,900 and had been on the market for 88 days before an offer was received. The Community EnCompass board accepts the offer as reasonable given sale prices for other infill homes in the area. 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: 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 approve the purchase agreement for 1141 Jefferson Street. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review dotloop signature verification: dtlp.us/vRf3-P3P6-5Nwo WEST MICHIGAN REGIONAL PURCHASE AGREEMENT # DATE: 10/15/2023 , (time) MLS # 71023026266 SELLING OFFICE: bFive Star Real Estate BROKER LIC.#: REALTOR® PHONE: 616-450-2500 LISTING OFFICE: Pinnacle Realty REALTOR® PHONE: 1. Effective Date: This Agreement is effective on the date of Seller's acceptance of Buyer's offer or Buyer's acceptance of any counteroffer, as the case may be, and this date shall hereafter be referred to as the "Effective Date". Further, any reference to "days" in this Agreement refers to calendar days. The first calendar day begins at 12:01 a.m. on the day after the Effective Date. Any reference to "time" refers to local time. 2. Agency Disclosure: The Undersigned Buyer and Seller each acknowledge that they have read and signed the Disclosure Regarding Real Estate Agency Relationships. The selling licensee is acting as (choose one): Agent/Subagent of Seller Buyer’s Agent Dual Agent (with written, informed consent of both Buyer and Seller) Transaction Coordinator Primary Selling Agent Name: Kim Baker Email: kimbakerhomes@gmail.com Lic.#: Alternate Selling Agent Name: Email: Lic.#: 3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.) Buyer has received the Seller’s Disclosure Statement, dated 07/19/2023 . Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by registered mail. Exceptions: Seller is exempt from the requirements of the Seller Disclosure Act. 4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached and will be an integral part of this Agreement. 5. Property Description: Buyer offers to buy the property located in the City Village Township of Muskegon , County of Muskegon , Michigan, commonly known as (insert mailing address: street/city/state/zip code) 1141 Jefferson St, Muskegon, MI 49440 with the following legal description and tax parcel ID numbers: R07.1 NELSON GENERAL RESIDENTIAL PP# 243130234008 . The following paragraph applies only if the Premises include unplatted land: Seller agrees to grant Buyer at closing the right to make (insert number) 100% division(s) under Section 108(2), (3), and (4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or before , of the proposed division to create the Premises. 6. Purchase Price: Buyer offers to buy the Property for the sum of $ 180,000 one hundred eighty thousand U.S. Dollars 7. Seller Concessions, if any: 3% toward buyer's closing costs, pre-paids and points 8. Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.) SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below are currently available to Buyer in cash or an equally liquid equivalent. If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall receive a refund of Buyer’s Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price. CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual Agent verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information to Seller and/or Seller’s Agent. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement. NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to obtain a FHA type 30 (year) mortgage in the amount of 96.5 % of the Purchase Price bearing interest at a rate not to exceed current % per annum (rate at time of loan application), on or before the date the sale is to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to process the application, within 3 days after the Effective Date, not to impair Buyers’ credit after the date such loan if offered. Seller Buyer will agree to pay an amount not to exceed $ ------------------- representing repairs required as a condition of financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from ©Copyright, West Michigan REALTOR® Associations Page 1 of 6 Rev. Date 1/2023 RJB Buyer’s Initials LM Seller’s Initials 10/16/23 10/17/23 9:36 AM EDT 3:22 PM EDT dotloop verified dotloop verified dotloop signature verification: dtlp.us/vRf3-P3P6-5Nwo West Michigan Regional Purchase Agreement Page 2 of 6 Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent. Exceptions: SELLER FINANCING (choose one of the following): CONTRACT or PURCHASE MONEY MORTGAGE In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer within 48 hours. Seller is advised to seek professional advice regarding the credit report. $ upon execution and delivery of a form (name or type of form and revision date), a copy of which is attached, wherein the balance of $ will be payable in monthly installments of $ or more including interest at % per annum, interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance will become due and payable months after closing. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions: EQUITY (choose one of the following): Formal Assumption or Informal Assumption Upon execution and delivery of: Warranty Deed subject to existing mortgage OR Assignment of Vendee Interest in Land Contract, Buyer to pay the difference (approximately $ ) between the Purchase Price above provided and the unpaid balance (approximately $ ) upon said mortgage or land contract, which Buyer agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions: OTHER: 9. Contingencies: Buyer’s obligation to consummate this transaction (choose one): IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer. IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at: 1279 S Quarterline Rd, Muskegon, MI 49442. by 11/20/2023 A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest Money Deposit. IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing of a sale or exchange of Buyer’s property located at on or before . Seller will have the right to continue to market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions: 10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars; detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes: All fixtures and features as stated on MLS listing at time of showing 10/10/2023 but does not include: 1141 Jefferson St, Muskegon, MI 49440 10/15/2023 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 1/2023 RJB Buyer’s Initials LM Seller’s Initials 10/16/23 10/17/23 9:36 AM EDT 3:22 PM EDT dotloop verified dotloop verified dotloop signature verification: dtlp.us/vRf3-P3P6-5Nwo West Michigan Regional Purchase Agreement Page 3 of 6 11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is expended through normal use. Exceptions: 12. Assessments (choose one): If the Property is subject to any assessments, Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless of any installment arrangements), except for any fees that are required to connect to public utilities. Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume and pay all other installments of such assessments. Seller has an ongoing obligation through the Closing to disclose to the Buyer any known pending assessments, including, but not limited to, any mandatory utility connection requirements, and/or benefit charges, and condominium special assessments, that have not been previously disclosed in writing to Buyer. 13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all taxes billed after those addressed below. Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when property is transferred. No proration. (Choose one): Buyer Seller will pay taxes billed summer (year); Buyer Seller will pay taxes billed winter (year); Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment and prorated to the date of closing with Seller paying for January 1 through the day before closing. Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one): advance. arrears. Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions: 14. Well/Septic: Within ten (10) days after the Effective Date, (choose one) Seller or Buyer will arrange for, at their own expense, an inspection of the primary well used for human consumption (including a water quality test for coliform bacteria and nitrates) and septic systems in use on the Property. The inspection will be performed by a qualified inspector in a manner that meets county (or other local governmental authority, if applicable) protocol. If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may, within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as-is. Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract, Buyer will proceed to closing according to the terms and conditions of this Agreement. Other: city water and sewer 15. Inspections & Investigations: Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be Buyer’s responsibility and expense. Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone. All inspections and investigations will be completed within ____5 days after the Effective Date. If the results of Buyer’s inspections and investigations are not acceptable to Buyer, Buyer may, within the above referenced period, either (a) terminate this Agreement by written notice to Seller and receive a refund of Buyer’s Earnest Money Deposit, or (b) make a written proposal to Seller to correct those unsatisfactory conditions, which proposal must be in the form of a proposed addendum and must be signed by Buyer in order for it to be effective. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have 1141 Jefferson St, Muskegon, MI 49440 10/15/2023 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 1/2023 RJB Buyer’s Initials LM Seller’s Initials 10/16/23 10/17/23 9:36 AM EDT 3:22 PM EDT dotloop verified dotloop verified dotloop signature verification: dtlp.us/vRf3-P3P6-5Nwo West Michigan Regional Purchase Agreement Page 4 of 6 accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this Agreement. Buyer has waived all rights under this Inspections & Investigations paragraph. Exceptions: 16. Municipal Compliances: Seller will arrange and pay for current certificates of occupancy, sidewalk compliance, and smoke detector ordinances, if applicable. 17. Title Insurance: Seller agrees to convey marketable title to the Property subject to conditions, limitations, reservation of oil, gas and other mineral rights, existing zoning ordinances, and building and use restrictions and easements of record. An expanded coverage ALTA Homeowner’s Policy of Title Insurance in the amount of the Purchase Price shall be ordered by Seller and furnished to Buyer at Seller’s expense, and a commitment to issue a policy insuring marketable title vested in Buyer, including a real estate tax status report, will be made available to Buyer within ten (10) days after the Effective Date. If Buyer so chooses, or if an expanded policy is not applicable, then a standard ALTA Owners’ Policy of Title Insurance shall be provided. If Buyer objects to any conditions, Buyer may, within three (3) days of receipt of the Title Commitment, by written notice to Seller, either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the Title Commitment as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and shall receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed to accept the Title Commitment as-is and will proceed to closing according to the terms and conditions of this Agreement. Exceptions: 18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property and the location of improvements thereon. Buyer or Seller (choose one) shall within ten (10) days of the Effective Date, order, at their expense, a boundary survey with iron corner stakes showing the location of the boundaries, improvements and easements in connection with the Property. Upon receipt of the survey, Buyer will have three (3) days to review the survey. If the survey shows any condition, in Buyer’s sole discretion, which would interfere with Buyer’s intended use of the Property, the marketability of the title, or zoning non-compliance, then Buyer may, within said three (3) day period, terminate this Agreement, in writing, and Buyer will receive a full refund of Buyer’s Earnest Money Deposit. No survey. Buyer has waived all rights under this paragraph. When closing occurs, Buyer shall be deemed to have accepted the boundaries of the Property and the location of such improvements thereon. Exceptions: 19. Home Protection Plan: Buyer and Seller have been informed that home protection plans may be available. Such plans may provide additional protection and benefit to the parties. Exceptions: New construction warranty if available 20. Prorations: Rent; association dues/fees, if any; insurance, if assigned; interest on any existing land contract, mortgage or lien assumed by Buyer; will all be adjusted to the date of closing. For the purposes of calculating prorations, it is presumed that Seller owns the Property through the day before closing. 21. Closing: If agreeable to Buyer and Seller, the sale will be closed as soon as closing documents are ready, but not later than 11/24/2023 . An additional period of fifteen (15) days will be allowed for closing to accommodate the correction of title defects or survey problems which can be readily corrected, or for delays in obtaining any lender required inspections/repairs. During this additional period, the closing will be held within 5 days after all parties have been notified that all necessary documents have been prepared. Buyer and Seller will each pay their title company closing fee, if applicable, except in the case of VA financing where Seller will pay the entire closing fee. Exceptions: 22. Pre-Closing Walk-Through: Buyer (choose one) reserves waives the right to conduct a final walk-through of the Property within three (3) days of the scheduled closing date. The purpose of the walk-through is to determine that the Property is in a substantially similar condition as of the Effective Date, any contractually agreed upon items have been fulfilled, and that any included personal property is still located at the Property. Buyer shall immediately report to Seller any objections to these conditions and Buyer’s requested corrective action. 23. Possession: Seller will maintain the Property in its present condition until the completion of the closing of the sale. Possession to be delivered to Buyer, subject to rights of present tenants, if any. At the completion of the closing of the sale. At a.m. p.m. on the day after completion of the closing of the sale, during which time Seller 1141 Jefferson St, Muskegon, MI 49440 10/15/2023 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations RJB Buyer’s Initials LM Seller’s Initials Revision Date 1/2023 10/16/23 10/17/23 9:36 AM EDT 3:22 PM EDT dotloop verified dotloop verified dotloop signature verification: dtlp.us/vRf3-P3P6-5Nwo West Michigan Regional Purchase Agreement Page 5 of 6 will have the privilege to occupy the Property and hereby agrees to pay Buyer $ ------------------- as an occupancy fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds. If Seller fails to deliver possession to Buyer on the agreed date, Seller shall become a tenant at sufferance and shall pay to Buyer as liquidated damages $ -------------- per day plus all of the Buyer’s actual reasonable attorney's fees incurred in removing the Seller from the Property. If Seller occupies the Property after closing, Seller will pay all utilities during such occupancy. Buyer will maintain the structure and mechanical systems at the Property. However, any repairs or replacements necessitated by Seller’s misuse, abuse, or neglect of any portion of the Property will be Seller’s responsibility and expense. On the agreed delivery date, Seller shall deliver the Property free of trash and debris and in broom-clean condition, shall remove all personal property (unless otherwise stated in this or an additional written agreement), shall make arrangements for final payment on all utilities, and shall deliver all keys to Buyer. Exceptions: 24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 5:00 PM (time) on 10/17/2023 (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted by Seller, will constitute a binding Agreement between Buyer and Seller. An Earnest Money Deposit in the amount of $ $500 shall be submitted to Five Star Real Estate (insert name of broker, title company, other) within 72 hours of the Effective Date of this Agreement, and shall be applied against the Purchase Price. If the Earnest Money Deposit is not received within 72 hours of the Effective Date or is returned for insufficient funds, Seller may terminate this Agreement until such time as the Earnest Money Deposit is received. If Seller terminates this Agreement under this provision, Seller waives any claim to the Earnest Money Deposit. If the sale is not closed due to a failure to satisfy a contingency for a reason other than the fault of Buyer, the Earnest Money Deposit shall be refunded to Buyer. If the sale is not closed as provided in this Agreement and Buyer and Seller do not agree to the disposition of the Earnest Money Deposit, then Buyer and Seller agree that the Broker holding the Earnest Money Deposit may notify Buyer and Seller, in writing, of Broker’s intended disposition of the Earnest Money Deposit. If Buyer and Seller do not object to such disposition in writing within fifteen (15) days after the date of Broker’s notice, they will be deemed to have agreed to Broker’s proposed disposition; if either Buyer or Seller object and no mutually agreeable disposition can be negotiated, Broker may deposit the funds by interpleader with a court of proper jurisdiction or await further actions by Buyer and Seller. In the event of litigation involving the deposit, in whole or in part, either the Seller or the Buyer that is not the prevailing party, as determined by the court, will reimburse the other for reasonable attorneys’ fees and expenses incurred in connection with the litigation, and will reimburse the Broker for any reasonable attorneys’ fees and expenses incurred in connection with any interpleader action instituted. If the entity holding the Earnest Money Deposit is not the Broker, then to the extent that the terms of any escrow agreement conflict with this paragraph, then the terms and conditions of the escrow agreement shall control. 25. Professional Advice: Broker hereby advises Buyer and Seller to seek legal, tax, environmental and other appropriate professional advice relating to this transaction. Broker does not make any representations or warranties with respect to the advisability of, or the legal effect of this transaction. Buyer further acknowledges that REALTOR® above named in the Agreement hereby recommends to Buyer that an attorney be retained by Buyer to pass upon the marketability of the title and to ascertain that the required details of the sale are adhered to before the transaction is consummated. Buyer agrees that Buyer is not relying on any representation or statement made by Seller or any real estate salesperson (whether intentionally or negligently) regarding any aspect of the Property or this sale transaction, except as may be expressly set forth in this Agreement, a written amendment to this Agreement, or a disclosure statement separately signed by Seller. 26. Disclosure of Information: Buyer and Seller acknowledge and agree that the Purchase Price, terms, and other details with respect to this transaction (when closed) are not confidential, will be disclosed to REALTORS® who participate in the applicable Multiple Listing Service, and may otherwise be used and/or published by that Multiple Listing Service in the ordinary course of its business. 27. Other Provisions: Seller will mark the home"pending" on the MLS 28. Mergers and Integrations: This Agreement is the final expression of the complete agreement of Buyer and Seller, and there are no oral agreements existing between Buyer and Seller relating to this transaction. This Agreement may be amended only in writing signed by Buyer and Seller and attached to this Agreement. 29. Fax/Electronic Distribution and Electronic Signatures: Buyer and Seller agree that any signed copy of this Agreement, and any amendments or addendums related to this transaction, transmitted by facsimile or other electronic means shall be competent evidence of its contents to the same effect as an original signed copy. Buyer and Seller further agree that an electronic signature is the legal equivalent of a manual or handwritten signature, and consent to use of electronic signatures. Buyer and Seller agree that any notice(s) required or permitted under this Agreement may also be transmitted by facsimile or other electronic means. 30. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic 1141 Jefferson St, Muskegon, MI 49440 10/15/2023 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations RJB Buyer’s Initials LM Seller’s Initials Revision Date 1/2023 10/16/23 10/17/23 9:36 AM EDT 3:22 PM EDT dotloop verified dotloop verified dotloop signature verification: dtlp.us/vRf3-P3P6-5Nwo West Michigan Regional Purchase Agreement Page 6 of 6 communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’ license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme to steal funds or use your identity. 31. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer. dotloop verified Buyer 1 Address X Randall J. Baker 10/16/23 9:36 AM EDT 2ARC-IK8R-TR0G-PZ8E Buyer Buyer 1 Phone: (Res.) (Bus.) Randall J. Baker Print name as you want it to appear on documents. Buyer 2 Address X Buyer Buyer 2 Phone: (Res.) (Bus.) Print name as you want it to appear on documents. 32. Seller’s Response: The above offer is approved: As written. As written except: 1141 Jefferson Has NO A.C. Unit installed. & no celling fans installed Contingent on the approval from the the City of Muskegon Counteroffer, if any, expires 10/19/2023 , at 6:00PM (time). Seller has the right to withdraw this counteroffer and to accept other offers until Seller or Seller’s Agent has received notice of Buyer’s acceptance. 33. Certification of Previous Disclosure Statement: Seller certifies to Buyer that the Property is currently in the same condition as disclosed in the Seller’s Disclosure Statement dated 07/19/2023 (choose one): Yes No. Seller agrees to inform Buyer in writing of any changes in the content of the disclosure statement prior to closing. 34. Notice to Seller: Seller understands that consummation of the sale or transfer of the Property described in this Agreement will not relieve Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless otherwise agreed to by the lender or required by law or regulation. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form is available from the respective agents via the West Michigan REALTOR® Boards. 35. Listing Office Address: 1141 Jefferson, Muskegon, MI 49440 Listing Broker License # 6505392630 Listing Agent Name: Javon Kilgo Listing Agent License # 6504431414 36. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required below. dotloop verified X (Seller’s Signature, Date, Time): LeighAnn Mikesell 10/17/23 3:22 PM EDT W39Q-CAQC-VNPI-PMNE Leighann Mikesell Is Seller a U.S. Citizen or Resident Alien? Yes Y No* Print name as you want it to appear on documents. X (Seller’s Signature, Date, Time): Is Seller a U.S. Citizen or Resident Alien? Yes No* Print name as you want it to appear on documents. Seller’s Address: Seller’s Phone (Res.) (Bus) * If Seller(s) is not a U.S. Citizen or Resident Alien, there may be tax implications and Buyer and Seller are advised to seek professional advice. 37. Buyer’s Receipt/Acceptance: Buyer acknowledges receipt of Seller’s response to Buyer’s offer. In the event Seller’s response constitutes a counteroffer, Buyer accepts said counteroffer. All other terms and conditions in the offer remain unchanged. X (Buyer’s Signature, Date, Time): X (Buyer’s Signature, Date, Time): 38. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer. X (Seller’s Signature, Date, Time): dotloop verified LeighAnn Mikesell 10/17/23 3:22 PM EDT SGT8-PLLD-RPSX-DQNA X (Seller’s Signature, Date, Time): 1141 Jefferson St, Muskegon, MI 49440 10/15/2023 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 1/2023 RJB Buyer’s Initials LM Seller’s Initials 10/16/23 10/17/23 9:36 AM EDT 3:22 PM EDT dotloop verified dotloop verified dotloop signature verification: dtlp.us/1ati-Lnlm-snPF WEST MICHIGAN REGIONAL ADDENDUM TO PURCHASE AGREEMENT MLS # 71023026266 Date: 10/15/2023 (time) kimbakerhomes@gmail.com Selling Office bFive Star Real Estate , REALTOR® Phone 616-450-2500 Email jaykilgorealestate@gmail.com Listing Office Pinnacle Realty , REALTOR® Phone 2313275332 Email 1. Addendum # to Purchase Agreement dated 10/15/2023 covering property at 1141 Jefferson St, Muskegon, MI 49440 2. This Addendum shall be an integral part of the Purchase Agreement, which is amended as follows: Buyer's agency commission to be reduced to 1.75% 3. The Seller Buyer (check one) gives the above-named REALTOR® 2 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. dotloop verified Date X Randall J. Baker 10/16/23 9:36 AM EDT RAL5-EBLL-VNIO-I0SW Buyer (Note: Please sign as you wish your name to appear on final papers.) X Buyer (Note: Please sign as you wish your name to appear on final papers.) 5. RECEIPT IS ACKNOWLEDGED BY SELLER of a copy of this Agreement. dotloop verified Date 10/17/2023 X LeighAnn Mikesell 10/17/23 3:22 PM EDT TDJP-ITVM-SBMI-O2US 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 dotloop signature verification: dtlp.us/B8oi-LcAz-psjM 10/9/23, 4:43 PM flexmls Web Randall J. Baker dotloop verified 10/10/23 3:03 PM EDT J5DI-PB6E-8BPB-NLSK Kimbra Baker dotloop verified 10/10/23 3:07 PM EDT W1RM-4HIF-GAUT-JZK0 https://ric.flexmls.com/cgi-bin/mainmenu.cgi?cmd=url+reports/documents/viewchecked.html&pv=false&list_tech_id=x%2720230721193539852687000000%27&id… 1/2 7.f Agenda Item Review Form Muskegon City Commission Commission Meeting Date: November 14, Title: Sale of 169 McLaughlin Avenue 2023 Submitted By: LeighAnn Mikesell Department: Manager’s Office Brief Summary: Staff is seeking approval of the sale of 169 McLaughlin Avenue. Detailed Summary & Background: 169 McLaughlin Avenue was constructed through the agreement with Dave Dusendang to construct infill housing with ARPA funding. The offer is for $12,094 over asking price with $8,094 in sellers concessions. This results in a full price offer. 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: 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 approve the purchase agreement for 169 McLaughlin Avenue. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review dotloop signature verification: dtlp.us/jCj8-198X-lojz WEST MICHIGAN REGIONAL PURCHASE AGREEMENT # 1 DATE: 11/02/2023 , (time) MLS # new SELLING OFFICE: West Urban Realty BROKER LIC.#: 6505429509 REALTOR® PHONE: 616-366-2459 LISTING OFFICE: West Urban Realty REALTOR® PHONE: 6163662459 1. Effective Date: This Agreement is effective on the date of Seller's acceptance of Buyer's offer or Buyer's acceptance of any counteroffer, as the case may be, and this date shall hereafter be referred to as the "Effective Date". Further, any reference to "days" in this Agreement refers to calendar days. The first calendar day begins at 12:01 a.m. on the day after the Effective Date. Any reference to "time" refers to local time. 2. Agency Disclosure: The Undersigned Buyer and Seller each acknowledge that they have read and signed the Disclosure Regarding Real Estate Agency Relationships. The selling licensee is acting as (choose one): Agent/Subagent of Seller Buyer’s Agent Dual Agent (with written, informed consent of both Buyer and Seller) Transaction Coordinator Primary Selling Agent Name: Mariana Murillo VanDam Email: mariana@westurbanrealtymi.c Lic.#: 6506015435 Alternate Selling Agent Name: Email: Lic.#: 3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.) Buyer has received the Seller’s Disclosure Statement, dated . Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by registered mail. Exceptions: Builder's warranty Seller is exempt from the requirements of the Seller Disclosure Act. 4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached and will be an integral part of this Agreement. 5. Property Description: Buyer offers to buy the property located in the City Village Township of Muskegon , County of Muskegon County , Michigan, commonly known as (insert mailing address: street/city/state/zip code) 169 McLaughlin Avenue, Muskegon, MI 49442 with the following legal description and tax parcel ID numbers: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1 EXC THE W 74.00 FT TH'OF BLK 266 SUBJ TO ELEC ESMT L/P 4335/576 PP# 24-205-266-0001-10 . The following paragraph applies only if the Premises include unplatted land: Seller agrees to grant Buyer at closing the right to make (insert number) division(s) under Section 108(2), (3), and (4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or before , of the proposed division to create the Premises. 6. Purchase Price: Buyer offers to buy the Property for the sum of $ 146,994 one hundred forty-six thousand nine hundred ninety-four U.S. Dollars 7. Seller Concessions, if any: $8,094 towards buyers, closing cost, prepaids, points etc 8. Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.) SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below are currently available to Buyer in cash or an equally liquid equivalent. If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall receive a refund of Buyer’s Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price. CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual Agent verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information to Seller and/or Seller’s Agent. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement. NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to obtain a FHA type 30 (year) mortgage in the amount of 96.5 % of the Purchase Price bearing interest at a rate not to exceed 8.75 % per annum (rate at time of loan application), on or before the date the sale is to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to process the application, within 3 days after the Effective Date, not to impair Buyers’ credit after the date such loan if offered. Seller Buyer will agree to pay an amount not to exceed $ na representing repairs required as a condition of financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from ©Copyright, West Michigan REALTOR® Associations Page 1 of 6 Rev. Date 1/2023 MM MM Buyer’s Initials LM Seller’s Initials 11/02/23 11/02/23 11/06/23 1:49 PM EDT 2:15 PM EDT 2:26 PM EST dotloop verified dotloop verified dotloop verified dotloop signature verification: dtlp.us/jCj8-198X-lojz West Michigan Regional Purchase Agreement Page 2 of 6 Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent. Exceptions: SELLER FINANCING (choose one of the following): CONTRACT or PURCHASE MONEY MORTGAGE In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer within 48 hours. Seller is advised to seek professional advice regarding the credit report. $ upon execution and delivery of a form (name or type of form and revision date), a copy of which is attached, wherein the balance of $ will be payable in monthly installments of $ or more including interest at % per annum, interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance will become due and payable months after closing. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions: EQUITY (choose one of the following): Formal Assumption or Informal Assumption Upon execution and delivery of: Warranty Deed subject to existing mortgage OR Assignment of Vendee Interest in Land Contract, Buyer to pay the difference (approximately $ ) between the Purchase Price above provided and the unpaid balance (approximately $ ) upon said mortgage or land contract, which Buyer agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions: OTHER: 9. Contingencies: Buyer’s obligation to consummate this transaction (choose one): IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer. IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at: A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest Money Deposit. IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing of a sale or exchange of Buyer’s property located at on or before . Seller will have the right to continue to market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions: 10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars; detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes: but does not include: 169 McLaughlin Avenue, Muskegon, MI 49442 11/02/2023 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 1/2023 MM MM Buyer’s Initials LM Seller’s Initials 11/02/23 11/02/23 11/06/23 1:49 PM EDT 2:15 PM EDT 2:26 PM EST dotloop verified dotloop verified dotloop verified dotloop signature verification: dtlp.us/jCj8-198X-lojz West Michigan Regional Purchase Agreement Page 3 of 6 11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is expended through normal use. Exceptions: na 12. Assessments (choose one): If the Property is subject to any assessments, Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless of any installment arrangements), except for any fees that are required to connect to public utilities. Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume and pay all other installments of such assessments. Seller has an ongoing obligation through the Closing to disclose to the Buyer any known pending assessments, including, but not limited to, any mandatory utility connection requirements, and/or benefit charges, and condominium special assessments, that have not been previously disclosed in writing to Buyer. 13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all taxes billed after those addressed below. Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when property is transferred. No proration. (Choose one): Buyer Seller will pay taxes billed summer (year); Buyer Seller will pay taxes billed winter (year); Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment and prorated to the date of closing with Seller paying for January 1 through the day before closing. Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one): advance. arrears. Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions: 14. Well/Septic: Within ten (10) days after the Effective Date, (choose one) Seller or Buyer will arrange for, at their own expense, an inspection of the primary well used for human consumption (including a water quality test for coliform bacteria and nitrates) and septic systems in use on the Property. The inspection will be performed by a qualified inspector in a manner that meets county (or other local governmental authority, if applicable) protocol. If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may, within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as-is. Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract, Buyer will proceed to closing according to the terms and conditions of this Agreement. Other: na 15. Inspections & Investigations: Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be Buyer’s responsibility and expense. Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone. All inspections and investigations will be completed within ____ days after the Effective Date. If the results of Buyer’s inspections and investigations are not acceptable to Buyer, Buyer may, within the above referenced period, either (a) terminate this Agreement by written notice to Seller and receive a refund of Buyer’s Earnest Money Deposit, or (b) make a written proposal to Seller to correct those unsatisfactory conditions, which proposal must be in the form of a proposed addendum and must be signed by Buyer in order for it to be effective. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have 169 McLaughlin Avenue, Muskegon, MI 49442 11/02/2023 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 1/2023 MM MM Buyer’s Initials LM Seller’s Initials 11/02/23 11/02/23 11/06/23 1:49 PM EDT 2:15 PM EDT 2:26 PM EST dotloop verified dotloop verified dotloop verified dotloop signature verification: dtlp.us/jCj8-198X-lojz West Michigan Regional Purchase Agreement Page 4 of 6 accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed MM to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this Agreement. Buyer has waived all rights under this Inspections & Investigations paragraph. 11/02/23 2:15 PM EDT dotloop verified Exceptions: MM 11/02/2316. Municipal Compliances: Seller will arrange and pay for current certificates of occupancy, sidewalk compliance, and smoke detector dotloop verified ordinances, if applicable. 1:49 PM EDT 17. Title Insurance: Seller agrees to convey marketable title to the Property subject to conditions, limitations, reservation of oil, gas and other mineral rights, existing zoning ordinances, and building and use restrictions and easements of record. An expanded coverage ALTA Homeowner’s Policy of Title Insurance in the amount of the Purchase Price shall be ordered by Seller and furnished to Buyer at Seller’s expense, and a commitment to issue a policy insuring marketable title vested in Buyer, including a real estate tax status report, will be made available to Buyer within ten (10) days after the Effective Date. If Buyer so chooses, or if an expanded policy is not applicable, then a standard ALTA Owners’ Policy of Title Insurance shall be provided. If Buyer objects to any conditions, Buyer may, within three (3) days of receipt of the Title Commitment, by written notice to Seller, either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the Title Commitment as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and shall receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed to accept the Title Commitment as-is and will proceed to closing according to the terms and conditions of this Agreement. Exceptions: 18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property and the location of improvements thereon. Buyer or Seller (choose one) shall within ten (10) days of the Effective Date, order, at their expense, a boundary survey with iron corner stakes showing the location of the boundaries, improvements and easements in connection with the Property. Upon receipt of the survey, Buyer will have three (3) days to review the survey. If the survey shows any condition, in Buyer’s sole discretion, which would interfere with Buyer’s intended use of the Property, the marketability of the title, or zoning non-compliance, then Buyer may, within said three (3) day period, terminate this Agreement, in writing, and Buyer will receive a full refund of Buyer’s Earnest Money Deposit. No survey. Buyer has waived all rights under this paragraph. When closing occurs, Buyer shall be deemed to have accepted the boundaries of the Property and the location of such improvements thereon. Exceptions: sellers plat survey 19. Home Protection Plan: Buyer and Seller have been informed that home protection plans may be available. Such plans may provide additional protection and benefit to the parties. Exceptions: 20. Prorations: Rent; association dues/fees, if any; insurance, if assigned; interest on any existing land contract, mortgage or lien assumed by Buyer; will all be adjusted to the date of closing. For the purposes of calculating prorations, it is presumed that Seller owns the Property through the day before closing. 21. Closing: If agreeable to Buyer and Seller, the sale will be closed as soon as closing documents are ready, but not later than 11/30/2023 . An additional period of fifteen (15) days will be allowed for closing to accommodate the correction of title defects or survey problems which can be readily corrected, or for delays in obtaining any lender required inspections/repairs. During this additional period, the closing will be held within 5 days after all parties have been notified that all necessary documents have been prepared. Buyer and Seller will each pay their title company closing fee, if applicable, except in the case of VA financing where Seller will pay the entire closing fee. Exceptions: 22. Pre-Closing Walk-Through: Buyer (choose one) reserves waives the right to conduct a final walk-through of the Property within three (3) days of the scheduled closing date. The purpose of the walk-through is to determine that the Property is in a substantially similar condition as of the Effective Date, any contractually agreed upon items have been fulfilled, and that any included personal property is still located at the Property. Buyer shall immediately report to Seller any objections to these conditions and Buyer’s requested corrective action. 23. Possession: Seller will maintain the Property in its present condition until the completion of the closing of the sale. Possession to be delivered to Buyer, subject to rights of present tenants, if any. At the completion of the closing of the sale. At a.m. p.m. on the day after completion of the closing of the sale, during which time Seller 169 McLaughlin Avenue, Muskegon, MI 49442 11/02/2023 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations MM MM Buyer’s Initials LM Seller’s Initials Revision Date 1/2023 11/02/23 11/02/23 11/06/23 1:49 PM EDT 2:15 PM EDT 2:26 PM EST dotloop verified dotloop verified dotloop verified dotloop signature verification: dtlp.us/jCj8-198X-lojz West Michigan Regional Purchase Agreement Page 5 of 6 will have the privilege to occupy the Property and hereby agrees to pay Buyer $ as an occupancy fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds. If Seller fails to deliver possession to Buyer on the agreed date, Seller shall become a tenant at sufferance and shall pay to Buyer as liquidated damages $ per day plus all of the Buyer’s actual reasonable attorney's fees incurred in removing the Seller from the Property. If Seller occupies the Property after closing, Seller will pay all utilities during such occupancy. Buyer will maintain the structure and mechanical systems at the Property. However, any repairs or replacements necessitated by Seller’s misuse, abuse, or neglect of any portion of the Property will be Seller’s responsibility and expense. On the agreed delivery date, Seller shall deliver the Property free of trash and debris and in broom-clean condition, shall remove all personal property (unless otherwise stated in this or an additional written agreement), shall make arrangements for final payment on all utilities, and shall deliver all keys to Buyer. Exceptions: 24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 7pm (time) on 11/03/2023 (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted by Seller, will constitute a binding Agreement between Buyer and Seller. An Earnest Money Deposit in the amount of $ $500 shall be submitted to Transnation Title (insert name of broker, title company, other) within 72 hours of the Effective Date of this Agreement, and shall be applied against the Purchase Price. If the Earnest Money Deposit is not received within 72 hours of the Effective Date or is returned for insufficient funds, Seller may terminate this Agreement until such time as the Earnest Money Deposit is received. If Seller terminates this Agreement under this provision, Seller waives any claim to the Earnest Money Deposit. If the sale is not closed due to a failure to satisfy a contingency for a reason other than the fault of Buyer, the Earnest Money Deposit shall be refunded to Buyer. If the sale is not closed as provided in this Agreement and Buyer and Seller do not agree to the disposition of the Earnest Money Deposit, then Buyer and Seller agree that the Broker holding the Earnest Money Deposit may notify Buyer and Seller, in writing, of Broker’s intended disposition of the Earnest Money Deposit. If Buyer and Seller do not object to such disposition in writing within fifteen (15) days after the date of Broker’s notice, they will be deemed to have agreed to Broker’s proposed disposition; if either Buyer or Seller object and no mutually agreeable disposition can be negotiated, Broker may deposit the funds by interpleader with a court of proper jurisdiction or await further actions by Buyer and Seller. In the event of litigation involving the deposit, in whole or in part, either the Seller or the Buyer that is not the prevailing party, as determined by the court, will reimburse the other for reasonable attorneys’ fees and expenses incurred in connection with the litigation, and will reimburse the Broker for any reasonable attorneys’ fees and expenses incurred in connection with any interpleader action instituted. If the entity holding the Earnest Money Deposit is not the Broker, then to the extent that the terms of any escrow agreement conflict with this paragraph, then the terms and conditions of the escrow agreement shall control. 25. Professional Advice: Broker hereby advises Buyer and Seller to seek legal, tax, environmental and other appropriate professional advice relating to this transaction. Broker does not make any representations or warranties with respect to the advisability of, or the legal effect of this transaction. Buyer further acknowledges that REALTOR® above named in the Agreement hereby recommends to Buyer that an attorney be retained by Buyer to pass upon the marketability of the title and to ascertain that the required details of the sale are adhered to before the transaction is consummated. Buyer agrees that Buyer is not relying on any representation or statement made by Seller or any real estate salesperson (whether intentionally or negligently) regarding any aspect of the Property or this sale transaction, except as may be expressly set forth in this Agreement, a written amendment to this Agreement, or a disclosure statement separately signed by Seller. 26. Disclosure of Information: Buyer and Seller acknowledge and agree that the Purchase Price, terms, and other details with respect to this transaction (when closed) are not confidential, will be disclosed to REALTORS® who participate in the applicable Multiple Listing Service, and may otherwise be used and/or published by that Multiple Listing Service in the ordinary course of its business. 27. Other Provisions: 28. Mergers and Integrations: This Agreement is the final expression of the complete agreement of Buyer and Seller, and there are no oral agreements existing between Buyer and Seller relating to this transaction. This Agreement may be amended only in writing signed by Buyer and Seller and attached to this Agreement. 29. Fax/Electronic Distribution and Electronic Signatures: Buyer and Seller agree that any signed copy of this Agreement, and any amendments or addendums related to this transaction, transmitted by facsimile or other electronic means shall be competent evidence of its contents to the same effect as an original signed copy. Buyer and Seller further agree that an electronic signature is the legal equivalent of a manual or handwritten signature, and consent to use of electronic signatures. Buyer and Seller agree that any notice(s) required or permitted under this Agreement may also be transmitted by facsimile or other electronic means. 30. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic 169 McLaughlin Avenue, Muskegon, MI 49442 11/02/2023 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations MM MM Buyer’s Initials LM Seller’s Initials Revision Date 1/2023 11/02/23 11/02/23 11/06/23 1:49 PM EDT 2:15 PM EDT 2:26 PM EST dotloop verified dotloop verified dotloop verified dotloop signature verification: dtlp.us/jCj8-198X-lojz West Michigan Regional Purchase Agreement Page 6 of 6 communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’ license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme to steal funds or use your identity. 31. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer. dotloop verified Buyer 1 Address 1499 Kenora, Norton Shores, MI 49444 X Melony Moline 11/02/23 1:49 PM EDT PZD8-BDX3-AZY2-POUC Buyer Buyer 1 Phone: (Res.) 231-260-4573 (Bus.) Melony Moline Print name as you want it to appear on documents. dotloop verified Buyer 2 Address X Mark Moline 11/02/23 2:15 PM EDT 9BDA-PSJ2-DPHY-T7CN Buyer Buyer 2 Phone: (Res.) (Bus.) Mark Moline Print name as you want it to appear on documents. 32. Seller’s Response: The above offer is approved: As written. As written except: Counteroffer, if any, expires , at (time). Seller has the right to withdraw this counteroffer and to accept other offers until Seller or Seller’s Agent has received notice of Buyer’s acceptance. 33. Certification of Previous Disclosure Statement: Seller certifies to Buyer that the Property is currently in the same condition as disclosed in the Seller’s Disclosure Statement dated (choose one): Yes No. Seller agrees to inform Buyer in writing of any changes in the content of the disclosure statement prior to closing. 34. Notice to Seller: Seller understands that consummation of the sale or transfer of the Property described in this Agreement will not relieve Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless otherwise agreed to by the lender or required by law or regulation. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form is available from the respective agents via the West Michigan REALTOR® Boards. 35. Listing Office Address: 3265 Walker Ave NW,, Suite D, Grand Rapids, MI 49544 Listing Broker License # 6506015435 Listing Agent Name: Mariana Murillo VanDam Listing Agent License # 6506015435 36. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required below. dotloop verified X (Seller’s Signature, Date, Time): LeighAnn Mikesell 11/06/23 2:26 PM EST HLNQ-RO4G-SU1U-AY68 LeighAnn Miksell Is Seller a U.S. Citizen or Resident Alien? Yes No* Print name as you want it to appear on documents. X (Seller’s Signature, Date, Time): Leighann Mikesell Is Seller a U.S. Citizen or Resident Alien? Yes No* Print name as you want it to appear on documents. Seller’s Address: Seller’s Phone (Res.) (Bus) * If Seller(s) is not a U.S. Citizen or Resident Alien, there may be tax implications and Buyer and Seller are advised to seek professional advice. 37. Buyer’s Receipt/Acceptance: Buyer acknowledges receipt of Seller’s response to Buyer’s offer. In the event Seller’s response constitutes a counteroffer, Buyer accepts said counteroffer. All other terms and conditions in the offer remain unchanged. X (Buyer’s Signature, Date, Time): X (Buyer’s Signature, Date, Time): 38. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer. X (Seller’s Signature, Date, Time): X (Seller’s Signature, Date, Time): 169 McLaughlin Avenue, Muskegon, MI 49442 11/02/2023 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 1/2023 MM MM Buyer’s Initials LM Seller’s Initials 11/02/23 11/02/23 11/06/23 1:49 PM EDT 2:15 PM EDT 2:26 PM EST dotloop verified dotloop verified dotloop verified 7.g Agenda Item Review Form Muskegon City Commission Commission Meeting Date: November 14, 2023 Title: DPW Asset Management Software Submitted By: Dan VanderHeide Department: DPW Brief Summary: Staff requests authorization to enter into a contract with OpenGov for a three-year subscription and setup services to implement an asset management software system for DPW assets. Detailed Summary & Background: Cartegraph, a division of OpenGov (a government software services company), is an asset management software designed for public works. It tracks assets condition and maintenance practices and uses department priorities and AI to recommend new maintenance tasks, replacement schedules and other valuable information. It also has the important benefit of including a work order management system that will allow for electronic work order management, improving efficiency at DPW, providing better tools for supervision of labor, equipment and materials, and increasing the data available for reporting and decisions. Staff has evaluated several different software systems that do similar things to Cartegraph and has found that Cartegraph offers the most complete set of asset classes, a high and ever-increasing number of integrations to other software, an intuitive and customizable interface, and excellent customer support. CivicPlus, BS&A and other systems the City already uses do not offer a comparable software. Given the breadth of assets and operations our DPW deals with, Cartegraph is staff’s recommendation. Cartegraph will be integrated with BS&A to allow billing and other financial information to flow back and forth, and IT agrees the two solutions should coexist well. In discussions with Cartegraph’s support staff, and due in part to the detailed asset information already available in the City’s GIS database, the Water Distribution and Wastewater Collection components of the software should be prioritized and are the two specific groups of assets proposed for the first year of the contract. Other assets such as stormwater, sidewalks, fleet vehicles, buildings and facilities, parks assets and more will be brought to the Commission in future years as DPW’s experience with the system increases and our understanding of which asset classes will most benefit improves. This first year of the contract is higher than the annual cost of the software to allow Cartegraph staff to help DPW implement the software and develop customizations that will assist our operations. Additional asset classes added in the future will include similar higher costs in the year of implementation followed by reduced annual subscription fees after year one. Attachments include the fees by year, the scope of work document which defines the implementation services, and the master services agreement which is the three-year legal contract. Percentage breakdown by DPW department were recommended by Cartegraph as follows based upon the Public Service Buliding paying for the base software cost and individual asset classes paying for specifics. Sewer (590): $9,873 software annual cost + $13,974.26 implementation services Water (591): $9,873 software annual cost + $13,974.26 implementation services Public Service Building: $19,900 Base Subscription Fee + $28,166.49 implementation services o Note: This will be further split amongst many departments according to PSB rent. o General fund cost will be $6,610.33 in FY23, $2,873.57 in FY24 and $3,017.25 in FY26 Additional software and device costs are necessary to make the system function, including approximately $20,000 for in-vehicle computer systems in the water department trucks, an increase of approximately $25,000 annually for cell phones and service lines for all DPW employees (only about 1/3 are currently on the City’s cell phone plan), and various other software services such as email addresses for all DPW employees totaling about $12,000. These additional costs will be made following the purchasing policy and will be brought to the Commission, if applicable, in the future. Goal/Focus Area/Action Item Addressed: Sustainability in financial practices and infrastructure Amount Requested: FY23: $95,761.00 Budgeted Item: FY24: $41,628.30 Yes No N/A FY25: $43,709.72 Fund(s) or Account(s): See description above Budget Amendment Needed: Yes No N/A Recommended Motion: I move approval for staff to enter into a contract with OpenGov for a three-year subscription and setup services to implement an asset management software system for DPW assets. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review OpenGov Inc. PO Box 41340 San Jose, CA 95160 United States Quote Number: OG-011790 Created On: 10/.25/2023 Prepared By: Alex Martinez Order Form Expiration: 11/26/2023 Email: amartinez@opengov.com Subscription Start Date: 11/27/2023 Contract Term: 36 Months Subscription End Date: 11/26/2026 Customer Information Customer: City of Muskegon, MI Contact Name: Dan VanderHeide Bill To/Ship To: PO Box 536 207 Email: dan.vanderheide@shorelinecity.com Muskegon, Michigan 49440 United States Order Details Billing Frequency: Annually in Advance Payment Terms: Net Thirty (30) Days SOFTWARE SERVICES: Product / Service Start Date End Date Annual Fee Asset Management 11/27/2023 11/26/2024 $39,646.00 Wastewater Collection Domain, Water Distribution Domain Asset Management 11/27/2024 11/26/2025 $41,628.30 Wastewater Collection Domain, Water Distribution Domain Asset Management 11/27/2025 11/26/2026 $43,709.72 Wastewater Collection Domain, Water Distribution Domain Annual Subscription Total: See Billing Table PROFESSIONAL SERVICES: Product / Service Description OpenGov Deployment — One Time Fee (Fixed Fee) Product configuration, setup, and training described in the attached SOW. Professional Services Total: $56,115.00) Billing Table: Billing Date Amount Due November 27, 2023 $95,761.00) (Annual Software Fee + Professional Services) November 27, 2024 $41,628.30 November 27, 2025 $43,709.72 Order Form Legal Terms Welcome to OpenGov! This Order Form is entered into between OpenGov, Inc. (“OpenGov”), and you, the entity identified above (“Customer”), effective as of the date of the last signature below. This Order Form incorporates the OpenGov Master Services Agreement ("MSA") available at https://opengov.com/terms-of-service/master-services-agreement/. If professional services are purchased, the applicable Statement of Work ("SOW") is also incorporated. The Order Form, MSA, and, if applicable, the SOW are the full "Agreement". Unless otherwise specified above, fees for the Software Services and Professional Services shall be due and payable, in advance, 30 days from recceipt of the invoice. By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be legally bound by the Agreement. Each party’s acceptance of this Agreement is conditional upon the other’s acceptance of the Agreement to the exclusion of all other terms. City of Muskegon, MI OpenGov, Inc. Signature: Signature: Name: Name: Title: Title: Date: Date: Statement of Work City of Muskegon, MI Creation Date: 10/18/2023 Document Number: PS-04721 Version Number: 1 Created by: Jennifer Nordin 2023 Enterprise Asset Management Statement of Work v1 Table of Contents 1. Overview and Approach 2 1.1. Agreement 2 2. Statement of Work 3 2.1. Project Scope 3 2.2. Facilities and Hours of Coverage 3 2.3. Key Assumptions 3 2.4. Exclusions 4 2.5. OpenGov Responsibilities 4 2.5.1. Activity 1 – Project Management 4 2.5.2. Activity 2 – Initialization 5 2.5.3. Activity 3 – OpenGov Domains 5 2.5.4. Activity 4 – Training 6 2.6. Your Responsibilities 6 2.6.1. Your Project Manager 6 2.7. Completion Criteria 7 2.8. Estimated Schedule 7 2.9. Illustrative Project Timelines 8 2.10. Charges 8 2.11. Offer Expiration Date 8 Appendix A: Engagement Charter 8 A-1: Communication and Escalation Procedure 8 A-2: Change Order Process 9 A-3: Deliverable Materials Acceptance Procedure 9 Appendix B: Implementation Activities 10 2023 Statement of Work v1 2 1. Overview and Approach 1.1. Agreement This Statement of Work (“SOW”) identifies services that OpenGov, Inc. (“OpenGov” or “we”) will perform for City of Muskegon, MI (“Customer” or “you”) pursuant to that order for Professional Services entered into between OpenGov and the Customer (“Order Form”) which references the Master Services Agreement or other applicable agreement entered into by the parties (the “Agreement”). ● Customer acknowledges and agrees that this Statement of Work is subject to the confidentiality obligations set forth in the Agreement between OpenGov and Customer. ● The Deliverables listed in Appendix B are the single source of the truth of the deliverables to be provided. ● Customer’s use of the Professional Services is governed by the Agreement and not this SOW. ● Upon execution of the Order Form or other documentation referencing the SOW, this SOW shall be incorporated by reference into the Agreement. ● In the event of any inconsistency or conflict between the terms and conditions of this SOW and the Agreement, the terms and conditions of this SOW shall govern with respect to the subject matter of this SOW only. Unless otherwise defined herein, capitalized terms used in this SOW shall have the meaning defined in the Agreement. ● This SOW may not be modified or amended except in a written agreement signed by a duly authorized representative of each party. ● OpenGov will be deployed as is, Customer has access to all functionality available in the current release. 2. Statement of Work This SOW is limited to the Implementation of the OpenGov Enterprise Asset Management as defined in the OpenGov Responsibilities section of this document (Section 2.4). Any additional services or support will be considered out of scope. 2.1. Project Scope Under this project, OpenGov will deliver cloud based Enterprise Asset Management solutions to help the Customer power a more effective and accountable government. OpenGov's estimated charges and schedule are based on performance of the activities listed in the “OpenGov Responsibilities” section below. Deviations that arise during the project will be managed through the procedure described in Appendix A-2: Project Change Control Procedure, and may result in adjustments to the Project Scope, Estimated Schedule, Charges and other terms. These adjustments may include charges on a time-and-materials or fixed-fee basis using OpenGov’s standard rates in effect from time to time for any resulting additional work or waiting time. 2023 Statement of Work v1 3 2.2. Facilities and Hours of Coverage OpenGov will: A. Perform the work under this SOW remotely, except for any project-related activity which OpenGov determines would be best performed at your facility in order to complete its responsibilities under this SOW. B. Provide the Services under this SOW during normal business hours, 8:30am to 6:00pm local time, Monday through Friday, except holidays. 2.3. Key Assumptions The SOW and OpenGov estimates are based on the following key assumptions. Deviations that arise during the proposed project will be managed through the Project Change Control Procedure (see Appendix A-2) , and may result in adjustments to the Project Scope, Estimated Schedule, Charges, and other terms. Per A. The OpenGov Suites are not customized beyond current capacities based on the latest release of the software. B. Individual software modules are configured based on discussions between OpenGov and Customer. C. Enterprise Asset Management i. OpenGov will provide all services remotely via audio; video; and web conferences unless otherwise noted. ii. OpenGov assumes that the customer is responsible for performing quality control measures on its data in EAM. iii. OpenGov assumes that the customer is responsible for testing its workflows, automations, integrations, and configurations within the EAM and will update the configurations as part of its testing and training activities. iv. OpenGov assumes that the customer accepts EAM upon the completion of the go-live event v. If a non-API integration is included in scope, Customer is responsible for engaging third party vendor to obtain data, configuration, and/or third party integration support. vi. If an API integration is included in scope, Customer is responsible for providing access to a test instance of the third party API including a URL, authentication credentials, and relevant documentation. 2.4. Exclusions The following service items are not included in the scope of this project: A. Implementation of any custom modification or integration developed by OpenGov; your internal staff; or any third-party is not included in the scope of this project unless specifically listed in Appendix B. B. Data conversion services from other software system(s) or sources (including Navigator databases) are not included in the scope of this project unless specifically listed in Appendix B. 2023 Statement of Work v1 4 C. Any service items discussed during demonstrations; conference calls; or other events are not included in the scope of this project unless specifically listed in Appendix B. 2.5. OpenGov Responsibilities 2.5.1. Activity 1 – Project Management OpenGov will provide project management for the OpenGov responsibilities in this SOW. The purpose of this activity is to provide direction to the OpenGov project personnel and to provide a framework for project planning, communications, reporting, procedural and contractual activity. This activity is composed of the following tasks: Planning OpenGov will: A. review the SOW, contract and project plan with Customer’s Project Manager and key stakeholders to ensure alignment and agreed upon timelines; B. maintain project communications through your Project Manager; C. establish documentation and procedural standards for deliverable Materials; and D. Collaborate with your Project Manager to prepare and maintain the project plan for the performance of this SOW which will include the activities, tasks, assignments, and project milestones. Project Tracking and Reporting OpenGov will: A. review project tasks, schedules, and resources and make changes or additions, as appropriate. Measure and evaluate progress against the project plan with your Project Manager; B. work with your Project Manager to address and resolve deviations from the project plan; C. conduct regularly scheduled project status meetings; and D. administer the Project Change Control Procedure with your Project Manager. Completion Criteria: This is an on-going activity which will be considered complete at the end of the Services contract. Deliverable Materials: ● Weekly status reports ● Project plan ● Project Charter ● Risk, Action, Issues and Decisions Register (RAID) 2023 Statement of Work v1 5 2.5.2. Activity 2 – Initialization OpenGov will provide the following: A. Customer Entity configuration B. System Administrators creation C. Solution Blueprint creation D. Data Validation strategy confirmation Completion Criteria: This activity will be considered complete when: ● Customer Entity is created ● System Administrators have access to Customer Entity ● Solution Blueprint is presented to Customer Deliverable Materials: ● Solution Blueprint ● Sign-off of Initial Draft Solution Blueprint 2.5.3. Activity 3 – OpenGov Domains OpenGov will provide the following: Enterprise Asset Management Domains A. Water Distribution B. Wastewater Collection / Sanitary Sewer Completion Criteria: This activity will be considered complete when: ● Instance setup is completed ● Requirements Gathering is completed ● Start up Data is loaded ● Asset Installation in completed ● Integrations are implemented Deliverable Materials: ● Formal sign off document 2.5.4. Activity 4 – Training Training will be provided in instructor-led virtual sessions unless otherwise specified in Appendix B. For any instructor-led virtual sessions, the class size is recommended to be 10, for class sizes larger than 10 it may be necessary to have more than one instructor. Completion Criteria: ● Software training is delivered 2023 Statement of Work v1 6 Deliverable Materials: ● Formal sign off document 2.6. Your Responsibilities The completion of the proposed scope of work depends on the full commitment and participation of your management and personnel. The responsibilities listed in this section are in addition to those responsibilities specified in the Agreement and are to be provided at no charge to OpenGov. OpenGov's performance is predicated upon the following responsibilities being managed and fulfilled by you. Delays in performance of these responsibilities may result in delay of the completion of the project and will be handled in accordance with Appendix A-1: Project Change Control Procedure. 2.6.1. Your Project Manager Prior to the start of this project, you will designate a person called your Project Manager who will be the focal point for OpenGov communications relative to this project and will have the authority to act on behalf of you in all matters regarding this project. Your Project Manager's responsibilities include the following: A. manage your personnel and responsibilities for this project (for example: ensure personnel complete any self-paced training sessions, configuration, validation or user acceptance testing); B. serve as the interface between OpenGov and all your departments participating in the project; C. administer the Project Change Control Procedure with the Project Manager; D. participate in project status meetings; E. obtain and provide information, data, and decisions within five (5) business days of OpenGov’s request unless you and OpenGov agree in writing to a different response time; F. resolve deviations from the estimated schedule, which may be caused by you; G. help resolve project issues and escalate issues within your organization, as necessary; and H. create, with OpenGov’s assistance, the project plan for the performance of this SOW which will include the activities, tasks, assignments, milestones and estimates. 2.7. Completion Criteria OpenGov will have fulfilled its obligations under this SOW when any of the following first occurs: 2023 Statement of Work v1 7 A. OpenGov accomplishes the activities set forth in “OpenGov responsibilities” section and delivers the services in Appendix B as listed, if any; or B. The End date is reached 2.8. Estimated Schedule OpenGov will schedule resources for this project upon signature of the order form. Unless specifically noted, the OpenGov assigned project manager will work with Customer Project Manager to develop the project schedule for all requested deliverables under this SOW. OpenGov reserves the right to adjust the schedule based on the availability of OpenGov resources and/or Customer resources, and the timeliness of deliverables provided by the Customer. The Services are currently estimated to start within two (2) weeks but no later than four (4) weeks from signatures and have an estimated end date of nine months after signatures (“End Date”) or on other dates mutually agreed to between you and OpenGov. 2.9. Illustrative Project Timelines The typical project timelines are for illustrative purposes only and may not reflect your use cases. 2.10. Charges The Services will be conducted on a Fixed Price basis. This fixed price is exclusive of any travel and living expenses and other reasonable expenses incurred in connection with the Services. All charges are exclusive of any applicable taxes. Customer shall reimburse OpenGov for reasonable out-of-pocket expenses OpenGov incurs providing Professional Services. Reasonable expenses include, but are not limited to, travel, lodging, and meals. Expenses are billed based on actual costs incurred. OpenGov shall not exceed the estimated $4,800 expenses without written approval from the Customer. 2.11. Offer Expiration Date This offer will expire on January 18, 2024 unless extended by OpenGov in writing. 2023 Statement of Work v1 8 Appendix A: Engagement Charter A-1: Communication and Escalation Procedure Active engagement throughout the implementation process is the foundation of a successful deployment. To help assess progress, address questions, and minimize risk during the course of deployment both parties agree to the following: ● Regular communication aligned to the agreed upon project plan and timing. ○ OpenGov expects our customers to raise questions or concerns as soon as they arise. OpenGov will do the same, in order to be able to address items when known. ● Executive involvement ○ Executives may be called upon to clarify expectations and/or resolve confusion. ○ Executives may be needed to steer strategic items to maximize the value through the deployment. ● Escalation Process: ○ OpenGov and Customer agree to raise concerns and follow the escalation process, resource responsibility, and documentation in the event an escalation is needed to support issues raised ● Identification of an issue impeding deployment progress, outcome or capturing the value proposition, that is not acceptable. ● Customer or OpenGov Project Manager summarizes the problem statement and impasse. ● Customer and OpenGov Project Managers jointly will outline solution, acceptance or schedule Executive review. ● Resolution will be documented and signed off following Executive review. ● Phase Sign-Off ○ OpenGov requests sign-offs at various stages during the implementation of the project. Once the Customer has signed-off, any additional changes requested by Customer on that stage will require a paid change order for additional hours for OpenGov to complete the requested changes. A-2: Change Order Process This SOW and related efforts are based on the information provided and gathered by OpenGov. Customers acknowledge that changes to the scope may require additional effort or time, resulting in additional cost. Any change to scope must be agreed to in writing or email, by both Customer and OpenGov, and documented as such via a: ● Change Order - Work that is added to or deleted from the original scope of this SOW. Depending on the magnitude of the change, it may or may not alter the original contract amount or completion date and be paid for by Customer. Changes might include: o Timeline for completion o Sign off process o Cost of change and Invoice timing o Amending the SOW to correct an error. 2023 Statement of Work v1 9 o Extension of work as the complexity identified exceeds what was expected by Customer or OpenGov. o Change in type of OpenGov resources to support the SOW. A-3: Deliverable Materials Acceptance Procedure Deliverable Materials as defined herein will be reviewed and accepted in accordance with the following procedure: ● The deliverable Material will be submitted to your Project Manager. ● Your Project Manager will have decision authority to approve/reject all project Criteria, Phase Acceptance and Engagement Acceptance. ● Within five (5) business days of receipt, your Project Manager will either accept the deliverable Material or provide OpenGov’s Project Manager a written list of requested revisions. If OpenGov receives no response from your Project Manager within five (5) business days, then the deliverable Material will be deemed accepted. The process will repeat for the requested revisions until acceptance. ● All acceptance milestones and associated review periods will be tracked on the project plan. ● Both OpenGov and Customer recognize that failure to complete tasks and respond to open issues may have a negative impact on the project. ● For any tasks not yet complete, OpenGov and/or Customer will provide sufficient resources to expedite completion of tasks to prevent negatively impacting the project. ● Any conflict arising from the deliverable Materials Acceptance Procedure will be addressed as specified in the Escalation Procedure set forth in Appendix A-1. As set forth in the “Customer Delays” provision of the Agreement, if there are extended delays (greater than 10 business days) in Customer’s response for requested information or deliverable; OpenGov may opt to put the project on an "On Hold" status. After the Customer has fulfilled its obligations, Professional Services can be resumed and the project will be taken off the "On-Hold" status. ● Putting a project “on Hold” may have several ramifications including, but not restricted, to the following: ○ Professional Services to the customer could be stopped; ○ Delay to any agreed timelines; or ○ Not having the same Professional Services team assigned. 2023 Statement of Work v1 10 Appendix B: Implementation Activities Setup OpenGov will: ● Setup a hosted, sandbox and production OMS environment. ● Provide an overview, up to two (2) hours, of OpenGov and ArcGIS Online user-based logins and User/Role functionality. ● Provide a template file to be utilized by your staff to populate Roles and Users to be utilized for OMS. ● Utilize the template to create users and roles in OMS. (Note: Subsequent User and/or Role changes will be your administrator’s responsibility.) ● Provide documentation and guidance, up to four (4) hours, for your technical GIS staff to configure Esri Basemap Services for OMS integration. Guidance will be geared towards OMS/Esri integration functionality and requirements. ● Setup the OMS Platform, including the Request, Work, Resource, and Asset Management areas of the software. Asset Management solutions will be setup for all solutions referenced in the Assets section of the scope unless otherwise noted. Requirements Gathering OpenGov will ● Provide a two-day (2-day) onsite requirement gathering workshop to increase our understanding of your business and functional goals. Through workshops and interviews, OpenGov will identify best fit scenarios for OMS and provide a brief including any challenges as well as recommendations for OMS best practices relevant to your implementation. Configurations OpenGov will: ● Provide configuration services, including: o Up to ten (10) custom fields and up to two (2) custom layouts per asset type listed in the Assets section below o Up to thirty (30) custom fields and up to ten (10) custom layouts to be utilized in any of the shared areas of the system, such as Tasks o Up to twenty (20) automations o Up to twenty (20) preventative maintenance plans Training OpenGov will: Foundational Training ● Provide remote train-the-trainer training, up to two (2) hours, on overall system navigation and functionality to help familiarize your staff with the software environment and its common functions. Training topics include: o Dashboards o Standard KPI/ROI Gadgets o Logins/Permission 2023 Statement of Work v1 11 o Layers o Filters o Maps o Grids o System Navigation o Views (List & Detail) o Standard Reports o Attachments o Requests, Work, Assets, Resources, Reports, and Administrator Tabs ● Provide remote train-the-trainer training, up to one (1) hour, for an overview of Preventative Maintenance Plans. ● Provide remote train-the-trainer training, up to one (1) hour, for an overview of Asset Condition Manager and Advanced Inspections. ● Provide remote train-the-trainer training, up to two (2) hours, for an overview of Reporting. ● Provide remote train-the-trainer training, up to two (2) hours, on OMS Esri integration functionality. Training topics include: o OMS Esri integration configuration options o Integration functionality (basemap and feature) o Overall Esri integration requirements, considerations, and OpenGov recommended best practices Train the Trainer Training Event ● Provide a two-day (2-day) onsite "train-the-trainer" training event. The training agenda will be defined and agreed upon by both OpenGov and your project manager. To avoid redundancy, and to utilize service time efficiently, training may cover a subset of the assets listed in the Asset section of the scope. Topics may include any of the following: o Request Management: ▪ Requests ▪ Requesters ▪ Task Creation from Requests ▪ Issue library (including settings such as Applies to Asset and Non-Location) ▪ OpenGov recommended best practices for Request and Requester Management o Work Management: ▪ Create Task(s) (Asset/Non-Asset) ▪ Assignments (Add, Edit, Remove) ▪ Task Menu Actions ▪ Related Work Items ▪ Create Work Order ▪ Associate Task to WO ▪ Repeat Work Orders ▪ Work Order Menu Actions ▪ Enter Resources ▪ Timesheets ▪ Activity library (including settings such as Applies to Asset, Inspection, Key Dates, Cost, and Productivity) ▪ OpenGov recommended best practices for Work Management o Asset Management: 2023 Statement of Work v1 12 ▪ Asset Details ▪ Preventative Maintenance Plans ▪ Inspections ▪ Linked assets (if applicable) ▪ Container/Component Relationships (if applicable) ▪ OpenGov recommended best practices for Asset Management o Resource Management: ▪ Resource Details ▪ Labor/Equipment Rates ▪ Material Management (Stock, Usage, Adjustments) ▪ Vendor Price Quotes ▪ OpenGov recommended best practices for Resource Management o OpenGov Mobile: ▪ Overall system functionality (Navigation, Interface, Maps, Attachments, Sorting) ▪ Work Management ● Create and Update Tasks (Asset/Non-Asset) ● Assign Tasks ● Enter Resources ● Inspections ▪ Asset Management ● Create and Update Assets ▪ Request Management ● View and Update Requests ● View Requester information ● Create Task from Request ▪ OpenGov recommended best practices for mobile device use o Administrator: ▪ Administrator: ● User Administration, Role Administration, Asset Administration, Record Filter Administration, Import/Export, Scheduled Process Log, Error Log ▪ Settings: ● System Settings, Map Administration, Geocode Settings, GIS Integration settings, Asset Color Manager ▪ Manager: ● Layout Manager, Library Manager, Preventative Maintenance, Asset Condition Manager, Notification Manager, Structure Manager, Automation ● Manager Advanced Training Topics: ● Provide Preventative Maintenance Plans remote train-the-trainer training, up to three (3) hours. Training topics include: o Preventative Maintenance o OpenGov recommended best practices for proactive asset management ● Provide Advanced Inspections, Asset Condition Manager, and Asset Risk remote train-the-trainer training, up to four (4) hours. Training topics include: o Performance Management ▪ Prediction Groups ▪ Minimum Condition Groups ▪ Activities and Impacts 2023 Statement of Work v1 13 ▪ Criticality Factor ▪ Install/Replaced Dates o Business Risk Exposure ▪ Risk ▪ Consequence of Failure ▪ Probability of Failure o OpenGov recommended best practices for Asset Risk Functionality , advanced inspections and condition management Go-Live Support OpenGov will: ● Provide a remote, up to eight (8) hours, web conferences, to be utilized for Go-Live Support. The agenda will be defined, and agreed upon, by both your and OpenGov’s project managers. Topics may include any of the following: o Refresher training for items listed in the scope of work o Software and process support for staff during production roll out o Field, Layout, and Report configuration guidance, if applicable Data Services OpenGov will: ● Provide one sandbox and one production data load service through standard import/export functionality. OpenGov will provide template documents for data population. Once populated by your staff, OpenGov will load the data into your sandbox or production OMS environment. Data loads may include data such as: o Parent level asset records o Asset location (spatial x/y) attributes o Parent level resource (Labor, Equipment Material, Vendor) records o Resource Rate (Labor, Equipment, Material) records o Standard system libraries Integrations ● OpenGov staff will provide a bi-directional (two-way) Integration Service between BS&A and OpenGov. The integration includes the following data points: o Automated import of the following data points: ▪ Customer Accounts and Service Locations ▪ Water Meters ▪ Associated Water Meter-related Tasks o Automated export of the following data points: ▪ Completed Water Meter-related Tasks o A sync using a unique ID ▪ If ID exists; information will be updated ▪ If ID does not exist; OpenGov will create a record or produce an error message ● Assumptions o The integration will include up to 12 fields per integrated data point o Runtime interval for the sync is customer configurable but can occur no more frequently than hourly o Customer staff will be responsible for populating required values utilized to support integration o Customer staff will be responsible for providing recurring data for import with a consistent location and filename 2023 Statement of Work v1 14 o Customer staff will be responsible for importing the exported Task data back into BS&A o All data must be accessible to the OpenGov service from a flat file (.csv or .txt) Assets OpenGov will: ● Provide installation and training on the following asset types: o Water Distribution (9) ▪ Water Backflow; Water Facility; Water Hydrant; Water Lateral; Water Main; Water Meter; Water Pump; Water Valve; Water Storage Tank o Wastewater Collection / Sanitary Sewer (7) ▪ Sewer Cleanout; Sewer Facility; Sewer Force Main; Sewer Lateral; Sewer Main; Sewer Manhole; Sewer Pump 2023 Statement of Work v1 15 OpenGov Master Services Agreement The parties to this Master Services Agreement (this “Agreement”) are OpenGov, Inc., a Delaware corporation (“OpenGov”), and the customer named in the signature block below (“Customer”). This Agreement, which becomes binding when the parties have signed it (the “Effective Date”), sets forth the terms under which Customer will be permitted to use OpenGov’s hosted software services and receive professional services. 1. Definitions 1.1. “Customer Data” means data that is provided by Customer to OpenGov pursuant to this Agreement (for example, by email or through Customer’s software systems of record). Customer Data does not include any confidential personally identifiable information. 1.2. “Documentation” means materials produced by OpenGov that provide information about OpenGov’s software products and systems. Customers may access the most up-to-date Documentation on the Customer Resource Center page at opengov.zendesk.com. 1.3. “Intellectual Property Rights” means all intellectual property rights including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature. 1.4. “Order Form” means the document executed by the parties that specifies the Software Services that OpenGov will provide to Customer under this Agreement. 1.5. “Term” refers to the Initial Term defined in Section 6.1 plus all Renewal Terms defined in Section 6.2. 2. Software Services, Support, and Professional Services 2.1. Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use commercially reasonable efforts to provide the commercial off-the-shelf software solutions identified in the applicable Order Form (“Software Services”). 2.2. Support and Service Levels. Customer support is available by email to support@opengov.com or by using the chat messaging functionality of the Software Services, both of which are available during OpenGov’s standard business hours. Customer may report issues any time. However, OpenGov will address issues during business hours. OpenGov will provide support for the Software Services in accordance with the Support and Software Service Levels found at opengov.com/service-sla, as long as Customer is entitled to receive support under the applicable Order Form and this Agreement. 2.3. Professional Services 2.3.1.If OpenGov or its authorized independent contractors provides professional services to Customer, such as implementation services, then these professional services (“Professional Services”) will be described in an applicable statement of work (“SOW”) agreed to by the parties. Unless otherwise specified in the SOW, any pre-paid 1 OpenGov Master Services Agreement Revised June 1, 2023 Professional Services must be utilized within one year from the Effective Date. 2.3.2.Relevant travel expenses are provided in the SOW. Any other travel expenses related to the performance of the Professional Services shall be pre-approved by and reimbursed by Customer. 3. Restrictions and Responsibilities 3.1. Restrictions. Customer may not use the Software Services in any manner or for any purpose other than as expressly permitted by the Agreement and Documentation. In addition, Customer shall not, and shall not permit or enable any third party to: (a) use or access any of the Software Services to build a competitive product or service; (b) modify, disassemble, decompile, reverse engineer or otherwise make any derivative use of the Software Services (except to the extent applicable laws specifically prohibit such restriction); (c) sell, license, rent, lease, assign, distribute, display, host, disclose, outsource, copy or otherwise commercially exploit the Software Services; (d) perform or disclose any benchmarking or performance testing of the Software Services; (e) remove any proprietary notices included with the Software Services; (f) use the Software Services in violation of applicable law; or (g) transfer any confidential personally identifiable information to OpenGov or the Software Services platform. 3.2. Responsibilities. Customer shall be responsible for obtaining and maintaining computers and third party software systems of record (such as Customer’s ERP systems) needed to connect to, access or otherwise use the Software Services. Customer also shall be responsible for: (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) all uses of Customer user accounts by any party other than OpenGov. 4. Intellectual Property Rights; License Grants; Access to Customer Data 4.1. Software Services. OpenGov owns all interests and Intellectual Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts, graphics and button icons, are the property of OpenGov. Customer may not copy, imitate, or use them, in whole or in part, without OpenGov’s prior written consent. Subject to Customer’s obligations under this Agreement, OpenGov grants Customer a non-exclusive, royalty-free license during the Term to use the Software Services. 4.2. Customer Data. Customer Data and the Intellectual Property Rights therein belong to the Customer. Customer grants OpenGov and its partners (such as hosting providers) a non- exclusive, royalty-free license to use, store, edit, and reformat the Customer Data for the purpose of providing the Software Services. Customer further agrees that OpenGov and its partners may use aggregated, anonymized Customer Data for purposes of sales, marketing, business development, product enhancement, customer service, and data analysis. Insights gleaned from aggregated, anonymized Customer Data will belong to OpenGov. 4.3. Access to Customer Data. Customer may download the Customer Data from the Software Services at any time during the Term, excluding during routine software maintenance periods. OpenGov has no obligation to return Customer Data to Customer. 4.4. Deletion of Customer Data. Unless otherwise requested pursuant to this Section 4.4, upon the termination of this Agreement, the Customer Data shall be deleted pursuant to 2 OpenGov Master Services Agreement Revised June 1, 2023 OpenGov’s standard data deletion and retention practices. Upon written request, Customer may request deletion of Customer Data prior to the date of termination of this Agreement. Such a request must be addressed to “OpenGov Vice President, Customer Success” at OpenGov’s address for notice in Section 10.2. 4.5. Feedback. “Feedback” means suggestions, comments, improvements, ideas, or other feedback or materials regarding the Software Services provided by Customer to OpenGov, including feedback provided through online developer community forums. Customer grants OpenGov a non-exclusive, royalty-free, irrevocable, perpetual, worldwide license to use and incorporate into the Software Services and Documentation Customer’s Feedback. OpenGov will exclusively own any improvements or modifications to the Software Services and Documentation based on or derived from any of Customer’s Feedback including all Intellectual Property Rights in and to the improvements and modifications. 5. Confidentiality 5.1. “Confidential Information" means all confidential business, technical, and financial information of the disclosing party that is marked as “Confidential” or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/or the circumstances surrounding the disclosure. OpenGov’s Confidential Information includes, without limitation, the software underlying the Software Services, and all Documentation. 5.2. Confidential Information does not include: (a) data that the Customer has previously released to the public; (b) data that Customer would be required to release to the public upon request under applicable federal, state, or local public records laws; (c) Customer Data that Customer requests OpenGov make available to the public in conjunction with the Software Services; (d) information that becomes publicly known through no breach by either party; (e) information that was rightfully received by a party from a third party without restriction on use or disclosure; or (f) information independently developed by the Receiving Party without access to the Disclosing Party’s Confidential Information. 5.3. Each party agrees to obtain prior written consent before disclosing any of the other party's Confidential Information. Each party further agrees to use the other's Confidential Information only in connection with this Agreement. Each party further agrees to protect the other party's Confidential Information using the measures that it employs with respect to its own Confidential Information of a similar nature, but in no event with less than reasonable care. If a party is required to disclose Confidential Information by law or court order, they must notify the other party in writing before making the disclosure to give the other party an opportunity to oppose or limit the disclosure. 6. Term and Termination 6.1. Initial Term. This Agreement begins on the Effective Date and ends on the date the subscription ends (“Initial Term”), according to the Order Form, unless sooner terminated pursuant to Section 6.3. 6.2. Renewal. This Agreement shall automatically renew for another period of the same duration as the Initial Term (each one is a new “Renewal Term”) unless either party notifies the other party of its intent not to renew this Agreement in writing no less than 30 days before the end 3 OpenGov Master Services Agreement Revised June 1, 2023 of the then-current term. 6.3. Termination. If either party materially breaches any term of this Agreement and fails to cure such breach within 30 days after receiving written notice by the non-breaching party (10 days in the case of non-payment), the non-breaching party may terminate this Agreement. Neither party shall have the right to terminate this Agreement early without a legally valid cause. 6.4. Effect of Termination. Upon termination of this Agreement pursuant to Section 6.1, 6.2, or 6.3: (a) Customer shall pay in full for all Software Services and Professional Services performed up to and including the date of termination or expiration, (b) OpenGov shall stop providing Software Services and Professional Services to Customer; and (c) each party shall (at the other party’s option) return or delete any of the other party’s Confidential Information in its possession. 7. Payment of Fees 7.1. Fees; Invoicing; Payment; Expenses. 7.1.1.Fees. Fees for Software Services and for Professional Services are set forth in the applicable Order Form, and OpenGov will invoice Customer accordingly. Customer agrees to pay invoices within 30 days without setoffs, withholdings or deductions of any kind. Invoices are deemed received when OpenGov emails them to Customer’s designated billing contact. Obligations to pay fees are non-cancelable, and payments are non-refundable. 7.1.2.Annual Software Maintenance Price Adjustment. OpenGov shall increase the fees for the Software Services during any Renewal Term by 5% each year of the Renewal Term. 7.1.3.Travel Expenses. OpenGov will invoice Customer for travel expenses provided in the SOW as they are incurred. Customer shall pay all such valid invoices within 30 days of receipt of invoice. Each invoice shall include receipts for the travel expenses listed on the invoice. 7.1.4.Customer Delays; On Hold Fee. 7.1.4.1.On Hold. Excluding delays caused by a force majeure event as described in Section 10.5, if OpenGov determines that Customer’s personnel or contractors are not completing Customer’s responsibilities described in the applicable SOW timely or accurately, OpenGov may place the Professional Services on hold. If OpenGov places a Customer on hold, OpenGov will ensure that Customer is made aware of its obligations necessary for OpenGov to continue performing the Professional Services. Upon placing a customer on hold, OpenGov may, without penalty, suspend Professional Services to the Customer and reallocate resources until the Customer has fulfilled its obligations. OpenGov shall bear no liability or otherwise be responsible for delays in the provision of the Professional Services occasioned by Customer’s failure to complete Customer’s responsibilities. 7.1.4.2.On Hold Notice; On Hold Fee. OpenGov may also issue an “On Hold Notice” specifying that the Customer will be invoiced for lost time in production (e.g., delayed or lost revenue resulting from rescheduling work on other projects, delay in 4 OpenGov Master Services Agreement Revised June 1, 2023 receiving milestone payments from Customer, equipment, hosting providers and human resources idle) for a fee equal to 10% of the first year’s fee for Software Services. OpenGov may remove the on hold status and may rescind the fee in its discretion upon Customer’s fulfillment of its obligations set out in the On Hold Notice. And OpenGov may extend the timeline to complete certain Professional Services depending on the availability of qualified team resources (OpenGov cannot guarantee that these team resources will be the same as those who were working on the project prior to it being placed On Hold). 7.2. Consequences of Non-Payment. If Customer fails to make any payments required under any Order Form or SOW, then in addition to any other rights OpenGov may have under this Agreement or applicable law, (a) Customer will owe late interest penalty of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower and (b) If Customer’s account remains delinquent (with respect to payment of a valid invoice) for 30 days after receipt of a delinquency notice from OpenGov, which may be provided via email to Customer’s designated billing contact, OpenGov may temporarily suspend Customer’s access to the Software Service for up to 90 days to pursue good faith negotiations before pursuing termination in accordance with Section 6.3. Customer will continue to incur and owe all applicable fees irrespective of any such Service suspension based on such Customer delinquency. 7.3. Taxes. All fees under this Agreement are exclusive of any applicable sales, value-added, use or other taxes (“Sales Taxes”). Customer is solely responsible for any and all Sales Taxes, not including taxes based solely on OpenGov’s net income. If any Sales Taxes related to the fees under this Agreement are found at any time to be payable, the amount may be billed by OpenGov to, and shall be paid by, Customer. If Customer fails to pay any Sales Taxes, then Customer will be liable for any related penalties or interest, and will indemnify OpenGov for any liability or expense incurred in connection with such Sales Taxes. In the event Customer or the transactions contemplated by the Agreement are exempt from Sales Taxes, Customer agrees to provide OpenGov, as evidence of such tax exempt status, proper exemption certificates or other documentation acceptable to OpenGov. 8. Representations and Warranties; Disclaimer 8.1. By OpenGov. 8.1.1.General Warranty. OpenGov represents and warrants that it has all right and authority necessary to enter into and perform this Agreement. 8.1.2.Professional Services Warranty. OpenGov further represents and warrants that the Professional Services, if any, will be performed in a professional and workmanlike manner in accordance with the related SOW and generally prevailing industry standards. For any breach of the Professional Services warranty, Customer’s exclusive remedy and OpenGov’s entire liability will be the re-performance of the applicable services. If OpenGov is unable to re-perform such work as warranted, Customer will be entitled to recover all fees paid to OpenGov for the deficient work. Customer must give written notice of any claim under this warranty to OpenGov within 90 days of performance of such work to receive such warranty remedies. 5 OpenGov Master Services Agreement Revised June 1, 2023 8.1.3.Software Services Warranty. OpenGov further represents and warrants that for a period of 90 days after the Effective Date, the Software Services will perform in all material respects in accordance with the Documentation. The foregoing warranty does not apply to any Software Services that have been used in a manner other than as set forth in the Documentation and authorized under this Agreement. OpenGov does not warrant that the Software Services will be uninterrupted or error-free. Customer must give written notice of any claim under this warranty to OpenGov during the Term. OpenGov’s entire liability for any breach of the foregoing warranty is to repair or replace any nonconforming Software Services so that the affected portion of the Software Services operates as warranted or, if OpenGov is unable to do so, terminate the license for such Software Services and refund the pre-paid, unused portion of the fee for such Software Services. 8.2. By Customer. Customer represents and warrants that (a) it has all right and authority necessary to enter into and perform this Agreement; and (b) OpenGov’s use of the Customer Data pursuant to this Agreement will not infringe, violate or misappropriate the Intellectual Property Rights of any third party. 8.3. Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED “AS IS” AND OPENGOV DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 9. Limitation of Liability 9.1. By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND A PARTY’S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 9.2. By Amount. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE, CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY CUSTOMER TO OPENGOV FOR THE SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY. 9.3. Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and 9.2 above do not apply to, and each party accepts liability to the other for: (a) claims based 6 OpenGov Master Services Agreement Revised June 1, 2023 on either party’s intentional breach of its obligations set forth in Section 5 (Confidentiality), (b) claims arising out of fraud or willful misconduct by either party and (c) either party’s infringement of the other party’s Intellectual Property Rights. 9.4. No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to be limited to the extent set forth above, some of the above limitations may not apply to Customer. 10. Miscellaneous 10.1. Logo Use. OpenGov shall have the right to use and display Customer’s logos and trade names for marketing and promotional purposes in OpenGov’s website and marketing materials, subject to Customer’s trademark usage guidelines provided to OpenGov. 10.2. Notice. Ordinary day-to-day operational communications may be conducted by email, live chat or telephone. However, for notices, including legal notices, required by the Agreement (in sections where the word “notice” appears) the parties must communicate more formally in a writing sent via USPS certified mail and via email. OpenGov’s addresses for notice are: OpenGov, Inc., 6525 Crown Blvd #41340, San Jose, CA 95160, and legal@opengov.com. 10.3. Anti-corruption. Neither OpenGov nor any of its employees or agents has offered or provided any illegal or improper payment, gift, or transfer of value in connection with this Agreement. The parties will promptly notify each other if they become aware of any violation of any applicable anti-corruption laws in connection with this Agreement. 10.4. Injunctive Relief. The parties acknowledge that any breach of the confidentiality provisions or the unauthorized use of a party’s intellectual property may result in serious and irreparable injury to the aggrieved party for which damages may not adequately compensate the aggrieved party. The parties agree, therefore, that, in addition to any other remedy that the aggrieved party may have, it shall be entitled to seek equitable injunctive relief without being required to post a bond or other surety or to prove either actual damages or that damages would be an inadequate remedy. 10.5. Force Majeure. Neither party shall be held responsible or liable for any losses arising out of any delay or failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act of governmental authority, or due to war, riot, labor difficulty, failure of performance by any third-party service, utilities, or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from performing. 10.6. Severability; Waiver. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement. 10.7. Survival. The following sections of this Agreement shall survive termination: Section 5. (Confidentiality), Section 7 (Payment of Fees), Section 4.4 (Deletion of Customer Data), Section 8.3 (Warranty Disclaimer), Section 9 (Limitation of Liability) and Section 10 (Miscellaneous). 7 OpenGov Master Services Agreement Revised June 1, 2023 10.8. Assignment. There are no third-party beneficiaries to this Agreement. Except as set forth in this Section 10.8, neither party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations to a third party without the other party's written consent, which consent may not be unreasonably withheld, conditioned, or delayed. Either party may assign, without such consent but upon written notice, its rights and obligations under this Agreement to its corporate affiliate or to any entity that acquires all or substantially all of its capital stock or its assets related to this Agreement, through purchase, merger, consolidation, or otherwise. Any other attempted assignment shall be void. This Agreement will benefit and bind permitted assigns and successors. 10.9. Independent Contractors. This Agreement does not create an agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other. 10.10. Governing Law and Jurisdiction. California laws govern this Agreement, without regard to conflict of laws principles. Exclusive jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement shall be only in the Federal or State court with competent jurisdiction located in San Mateo County, California, and the parties submit to the personal jurisdiction and venue therein. 10.11. Complete Agreement. OpenGov has made no other promises or representations to Customer other than those contained in this Agreement. Any modification to this Agreement must be in writing and signed by an authorized representative of each party. Signatures Customer: OpenGov, Inc. Signature: Signature: Name: Name: Title: Title: Date: Date: 8 OpenGov Master Services Agreement Revised June 1, 2023 7.h Agenda Item Review Form Muskegon City Commission Commission Meeting Date: November 14, 2023 Title: Emergency City Hall Chiller Repairs Submitted By: Dan VanderHeide Department: DPW Brief Summary: Staff seeks authorization to make emergency repairs to the chiller plant at City Hall. Detailed Summary & Background: The chiller plant at City Hall, essentially the air conditioning unit, unexpectedly failed when a power surge hit the equipment following the explosion of a transformer. Many of the electrical components within the unit were affected and needed to be replaced. Staff reached out to American Mechanical Services of West Michigan, located just east of the City, and they agreed to repair the unit immediately. The damage occurred earlier this fall and staff authorized the repairs as an emergency purchase under the procurement policy. The City Manager approved the expense. In accordance with the policy the purchase is being brought to the Commission for approval after-the-fact due to being over $25,000. Goal/Focus Area/Action Item Addressed: Sustainability in financial practices and infrastructure Amount Requested: Budgeted Item: $31,286.97 Yes No N/A Fund(s) or Account(s): Budget Amendment Needed: 101-265 (City Hall Maintenance) Yes No N/A Recommended Motion: I move authorization for staff to make emergency repairs to the chiller plant at City Hall. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review American Mechanical Services of INVOICE Western Michigan Inc Unpaid 7815 East Apple Ave Muskegon, MI 49442 Presented to: Job # 15874 CITY OF MUSKEGON Job Name Chiller motors and fans 933 Terrace St. Invoice # I-15874-1 P.o. Box 536 Technician Muskegon, MI 49443 Issue Date Sep 27 2023 Payment Terms Upon Receipt Due Date Oct 27 2023 Customer Contact: Service Location: H: 231-724-6968 933 Terrace St. M: 231747-0236 P.o. Box 536 E: terry.spyke@shorelinecity.com Muskegon, MI 49443 DESCRIPTION QTY PRICE 0001-BUS 28 $3,360.00 LABOR: Found the chiller was hit by a power surge when the transformer blew up on September, 3rd. The surge took out all 10 of the condenser fan motor, 4 of the motor starters and most of the fuses in the system. PARTS 10 $26,580.00 10- Fan Motors, wire connections and blades PARTS 4 $742.56 4- motor starters PARTS 6 $458.34 6- fan fuses PARTS 3 $146.07 3- control fuses Subtotal $31,286.97 Taxes $0.00 Total $31,286.97 Make Payment Customer Approval: ☐ I agree to the terms and conditions of this invoice, and that the goods and or services referenced have been provided to my satisfaction. Contact Us: (231) 788-5200 americanmechanicalservice@yahoo.com https://www.americanmechanicalservicesmi.com/ Agenda Item Review Form Muskegon City Commission 7.i Commission Meeting Date: November 14, 2023 Title: Pere Marquette Restroom RFP Submitted By: Dan VanderHeide Department: Public Works Brief Summary: Staff is requesting authorization to enter into an agreement with MCSA Group for $65,479 for design and construction services related to the Pere Marquette South Restroom. Detailed Summary & Background: The city issued an RFP on October 5, 2023 seeking proposals from qualified firms for design and construction services for the Pere Marquette South Restroom. Five (5) proposals were received and staff is recommending award of the services to MCSA Group, the highest scoring firm based on qualifications of team, understanding of the requested services, the priced proposal, and location of the firm. MCSA Group has significant experience in the design and construction of similar park restroom facilities including historic rehabilitation work, the ability to complete the work plan on time, and offers a good value. The scores of the proposals received are as follows: - 924 – MCSA Group - 857 – Short Elliot Hendricksen (SEH) - 813 – Fleis & Vandenbrnk - 717 – Architects Collaborative Design Partnership - 648 – Driven Design Goal/Focus Area/Action Item Addressed: Goal 1 - Destination Community & Quality of Life: Enhanced Parks & Recreation Department Services Amount Requested: $65,479 Budgeted Item: ($700,000 project budget) Yes No N/A Fund(s) or Account(s): 445 (Public Improvement) Budget Amendment Needed: Yes No N/A Recommended Motion: I move to authorize staff to enter into an agreement with MCSA Group for $65,479 for design and construction services related to the Pere Marquette South Restroom. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review 7.j Agenda Item Review Form Muskegon City Commission Commission Meeting Date: November 14, Title: Regional Transit Authority Resolution 2023 Submitted By: LeighAnn Mikesell Department: Manager’s Office Brief Summary: Staff is seeking approval of a resolution of intent to join other municipalities in forming a regional transit authority which will establish articles of incorporation to meet requirements in Act 196. Detailed Summary & Background: The Deputy City Manager has been participating with other municipalities in an effort to explore the establishment of a regional transit authority. Muskegon County wishes to transition its control of public transportation services to a new public transportation authority and are seeking confirmation and support from the municipalities who want to continue transit service. By adopting the attached resolutions, we are committing to work with the other municipalities in developing and filing the articles of incorporation for this new authority. Goal/Focus Area/Action Item Addressed: Public Transportation Options 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 approve the resolution of intent to participate in Act 196 authority and authorize the clerk to sign. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review FROM: Mark T. Koerner DATE: October 24, 2023 RE: Public Transportation Authorities Under Public Act 196 of 1986 The County of Muskegon has provided for public transportation services since 1974 through the Muskegon Area Transit System on behalf and in cooperation with local political subdivisions. The County wishes to transition its control of public transportation services to a new public transportation authority. This memorandum describes public transportation authorities under Public Act 196 of 1986, and describes the steps necessary to create a public transportation authority. A Public Transportation Authority is a public authority that is created pursuant to Act 196 of 1986, MCL 124.451 et seq. (“Act 196”). Act 196 allows a political subdivision, or two or more political subdivisions to create a public transportation authority to provide public transportation services to the residents of their communities. What is a Public Transportation Authority A Public Transportation Authority is an authority formed under Act 196 (the “Act 196 Authority). An Act 196 Authority is a corporate body, legally separate and distinct from the incorporating political subdivisions, with the power to sue or be sued. An Act 196 Authority is also considered an instrumentality of the state. Act 196 Authorities are eligible to receive funds through the Michigan Transportation Fund, Act 51 of 1951, MCL 247.651 et seq. (“Act 51”). Act 51 creates the Comprehensive Transportation Fund (“CTF”). The CTF is to provide funds for planning, programming, operating and construction of public transportation systems. CTF monies are expended on debt service and also on administrative expenses. Most of the remaining CTF money is distributed to local transit agencies for operating capital grants for public transportation. Not less than ten (10) percent is to be used for intercity passenger and freight service. The remaining funds are allocated for specialized services and other public transportation purposes. In addition to being eligible to receive Act 51 funds, Act 196 Authorities have the ability to levy a tax on all the taxable property within the boundaries of the Public Authority. The boundaries of the Act 196 Authority are the boundaries of the political subdivisions forming the authority. An Act 196 Authority also has the authority to use notes and bonds to acquire, construct or purchase public transportation facilities or otherwise finance and carry out its powers and duties. Finally, Act 196 Authorities are eligible for funding from the federal government under either Section 5307, Urbanized Area Formula Program, 5311 Rural Area Formula Program and Section 5311(f) Intercity Bus Program. Steps to Create an Act 196 Authority: Pursuant to Act 196, an Act 196 Authority can be created through the adoption of Articles of Incorporation. Under Act 196, the Articles of Incorporation are required to include the following: 1. The name of the Authority; 2. The name or names of the incorporating political subdivisions; 3. The portion of the incorporating city, village, or township to be part of the authority, if less than the entire city, village or township is to become part of the public authority; 4. The purposes for which it is formed; 5. The power, duties and limitations of the public authority and its officers; 6. The composition and method of selecting its governing body and officers; 7. The person or persons charged with the responsibility of causing the Articles of Incorporation to be published and the printed copies of the Articles of Incorporation to be filed; 8. The method of amending the Articles of Incorporation; and, 9. Any other matters which the incorporators consider advisable. With many Act 196 Authorities, the incorporating political subdivisions devise the composition and method of selecting its board by having each of the incorporating political subdivisions appoint the member of the board representing that political subdivision. That provides some level of control over the authority even though it is a separate and distinct legal entity. The “any other matters which the incorporators consider advisable” can consist of funding mechanisms; dissolution, either through vote, or after the occurrence of some event, such as a millage failure; removal of board members; meetings and procedures; location of the registered office; and jurisdiction of other items the incorporating political subdivisions would like to have included. Once approved by each of the incorporating political subdivisions, the articles are published (by the person designated in the articles of incorporation) at least once in a newspaper designated in the articles and circulate with the area proposed to be served by the Act 196 Authority. One printed copy of the Articles of Incorporation is filed with the Secretary of the State, the clerk of each 2 county to be served by the Act 196 Authority and the Director of the State Transportation Department. The validity of the Act 196 Authority is conclusively presumed unless questioned in a court of competent jurisdiction within sixty (60) days after the publication of the articles. An Act 196 Authority also has the power to adopt bylaws and rules of administration to accomplish the purposes of Act 196. This may be done by the incorporating political subdivisions or it can be left to the Authority Board once created. Next Steps: As Muskegon wishes to transition control of its public transportation services to an Act 196 Authority, any political subdivision interested in being part of the Act 196 Authority should execute the attached Resolution of Intent authorizing a member of the political subdivision to work with the other interested political subdivisions in developing acceptable articles of incorporation to be filed. This memorandum does not constitute legal advice. When questions arise based on specific situations, direct them to a knowledgeable attorney. MTK:pmb 86083:00019:7496350-1 3 _________________________ (Political Subdivision) RESOLUTION OF INTENT TO PARTICIPATE IN ACT 196 AUTHORITY Resolution No. _______________ At a regular meeting of the ___________________ (“Political Subdivision”), Muskegon County, Michigan, held at the ___________________________ on the _____ day of ____________, 2023, at ______ p.m. PRESENT: ____________________________________________________________ ____________________________________________________________ ABSENT: ____________________________________________________________ ____________________________________________________________ The following Resolution was offered by _______________________________ and seconded by ________________________________. WHEREAS, pursuant to the Public Transportation Authority Act, Public Act 196 of 1986, MCL 124.451 et seq., (“Act 196”), a political subdivision, or two or more political subdivisions may have the authority to form a transportation authority by adopting articles of incorporation creating the authority; WHEREAS, the Political Subdivision has determined that it is in the best interests of the health, safety and welfare of Political Subdivision residents to explore the formation of a Transportation Authority under Act 196 at this time; WHEREAS, to that end, the Political Subdivision desires to express its interest in joining with other Political Subdivisions to form a new Transportation Authority; and WHEREAS, the Political Subdivision wishes to authorize the ______________ to move forward in working with other Political Subdivisions to form Articles of Incorporation creating the new authority, subject to approval by the Board of the Political Subdivision. NOW THEREFORE, BE IT RESOLVED THAT: 1 1. ________________________ has determined that it is interested in joining with the other Political Subdivisions to form a Transportation Authority. 2. __________________________ understands that ___________________ shall work with the other Political Subdivisions to create Articles of Incorporation that meet the requirements of Act 196 and that will be acceptable to all participating Political Subdivisions. 3. The Political Subdivision shall adopt a resolution to establish a Public Transportation Authority if the proposed Articles of Incorporation are acceptable to the Political Subdivision. 4. All resolutions or motions and parts of resolutions or motions in conflict with this resolution are hereby repealed to the extent of such conflict. ADOPTED: YEAS: ____________________________ NAYS: ____________________________ RESOLUTION DECLARED ADOPTED. STATE OF MICHIGAN ) ) ss. COUNTY OF MUSKEGON ) I, the undersigned, the duly qualified and acting Clerk of the ___________________, DO HEREBY CERTIFY that the foregoing is a true and complete copy of certain proceedings taken by __________________________ at a meeting held on the _____ day of ____________, 2023, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of said meeting were kept and will be or have been made available as required under the Open Meetings Act. _____________________________ Clerk 2 86083:00019:7496047-1 3 City of Muskegon RESOLUTION OF INTENT TO PARTICIPATE IN ACT 196 AUTHORITY Resolution No. _______________ At a regular meeting of the City of Muskegon City Commission (Political Subdivision), Muskegon County, Michigan, held at the Muskegon City Hall on the 14th day of November, 2023, at 5:30 p.m. PRESENT: ____________________________________________________________ ____________________________________________________________ ABSENT: ____________________________________________________________ ____________________________________________________________ The following Resolution was offered by _______________________________ and seconded by ________________________________. WHEREAS, pursuant to the Public Transportation Authority Act, Public Act 196 of 1986, MCL 124.451 et seq., (“Act 196”), a political subdivision, or two or more political subdivisions may have the authority to form a transportation authority by adopting articles of incorporation creating the authority; WHEREAS, the Political Subdivision has determined that it is in the best interests of the health, safety and welfare of Political Subdivision residents to explore the formation of a Transportation Authority under Act 196 at this time; WHEREAS, to that end, the Political Subdivision desires to express its interest in joining with other Political Subdivisions to form a new Transportation Authority; and WHEREAS, the Political Subdivision wishes to authorize the Deputy City Manager to move forward in working with other Political Subdivisions to form Articles of Incorporation creating the new authority, subject to approval by the Board of the Political Subdivision. NOW THEREFORE, BE IT RESOLVED THAT: 1 1. The City of Muskegon has determined that it is interested in joining with the other Political Subdivisions to form a Transportation Authority. 2. The City of Muskegon understands that the Deputy City Manager shall work with the other Political Subdivisions to create Articles of Incorporation that meet the requirements of Act 196 and that will be acceptable to all participating Political Subdivisions. 3. The Political Subdivision shall adopt a resolution to establish a Public Transportation Authority if the proposed Articles of Incorporation are acceptable to the Political Subdivision. 4. All resolutions or motions and parts of resolutions or motions in conflict with this resolution are hereby repealed to the extent of such conflict. ADOPTED: YEAS: ____________________________ NAYS: ____________________________ RESOLUTION DECLARED ADOPTED. STATE OF MICHIGAN ) ) ss. COUNTY OF MUSKEGON ) I, the undersigned, the duly qualified and acting Clerk of the ___________________, DO HEREBY CERTIFY that the foregoing is a true and complete copy of certain proceedings taken by __________________________ at a meeting held on the _____ day of ____________, 2023, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of said meeting were kept and will be or have been made available as required under the Open Meetings Act. _____________________________ Clerk 2 86083:00019:7496047-1 3 7.k Agenda Item Review Form Muskegon City Commission Commission Meeting Date: November 14 Title: Concession Contract Mac Kite 2023 Submitted By: Kyle Karczewski Department: Parks & Recreation Brief Summary: Renewal of Mac Kite brick & mortar concessionaire agreement. Detailed Summary & Background: Per concession policy, Steve Negen of Mac Kite operating out of South Pere Marquette, qualifies for up to a 5-year contract extension for brick & mortar concessionaires. The business will be giving lessons on Wing Foil and Efoil equipment per their proposal. The contractual fees for a brick and mortar at this location is set at $1,000/Year + 10% of gross receipts or $2,500/Year, whichever is expected to be more. Goal/Focus Area/Action Item Addressed: Destination Community & Quality of Life (Enhanced Parks and Recreation Department and Services) 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: Grant staff permission to extend the contract of Mac Kite through April of 2029. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review CITY OF MUSKEGON DEPARTMENT OF PUBLIC WORKS 1350 E. KEATING MUSKEGON, MI 49442 CONCESSION/BUSINESS/VENDOR AGREEMENT AGREEMENT made the _______ day of ___Nov__, 2023, between the City of Muskegon Department of Public Works, Muskegon, Michigan, hereinafter called the City, and (name) _Steve Negen, owner of MacKite Board Sports Center_, (phone number)_(616) 607-9355_, (address) _16881 Hayes Street_,(city, state, zip)__Grand Haven, MI 49417__, hereinafter called Concessionaire, Business and/or Vendor. IT IS THEREFORE AGREED: 1. Activity: Concessionaire hereby agrees that it will operate a concession at __Pere Marquette Park_ (in the beach Chalet), which is the property of the City of Muskegon. Concessionaire shall contract for and carry out and be responsible for all obligations thereunder for the place, suppliers, and advertising for the concession. Concessionaire shall apply for and pay premiums for insurance to fully protect the public, and the City, from any and all liability that may arise or be incurred as consequence of the concession. Concessionaire shall have such insurance in the amount of $ 1,000,000.00. A copy of the Certificate of Insurance naming the City as additional insured shall be supplied to the City. The certificate shall provide that no cancellation shall be effective without a 30 day notice to the City. (a.) Language on the insurance certificate shall read specifically: “The City of Muskegon, all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and board members, including employees and volunteers thereof; it is understood and agreed that by naming the City of Muskegon as additional insured, coverage afforded is considered to be primary and any other insurance the City of Muskegon may have in effect shall be considered secondary and/or excess”. 2. The Concession activity shall be limited to the following activity: ____Lessons on Wing Foil and Efoil equipment _________________ ________________________________________________________ ________________________________________________________ Also, the vendor is not allowed to conduct business within any special event “footprint” or within 50’ of the Harris Group “footprint” (specifically the “Deck” restaurant) property and or within 50’ of any other vendor as and/or stated in section #6 and #6(a) “Conditions” sections below unless allowed by the City. Additionally, if/when (depending on specific contract language) a vendor/concessionaire is operating at various park facilities then those specific locations/areas/facilities will need to be decided upon by and located at the direction of the City of Muskegon. 3. Hold Harmless: Concessionaire shall indemnify, defend and save the City harmless from and against any and all claims, actions, damages, liability, attorney fees, and expense in connection with the loss of life, bodily injury and/or damage to property arising from any occurrence in or about the premises occupied or utilized by Concessionaire or any part thereof or resulting in whole or part from any intentional/unintentional or negligent act or omission of the Concessionaire, it’s employees, invitees, licenses or contractors. 4. Obligations: The City shall provide the following services for the Concessionaire: None at this time. 5. Fee to City: One (1) month following the close of the concession, or by October 31st, in any or all calendar year(s) of said contract and or as described in (a) below, Concessionaire will render an accounting of its activities to the City and at that time pay all fees/commissions/debts owed to the City of Muskegon. (a). Concessionaire shall pay the City $1,000/Year + 10% of gross receipts or $2,500/Year, whichever is expected to be more and/or “in kind services” or a donation to a fund for Pere Marquette Park improvements, as determined by the City. 6. Conditions: Concessionaire shall in no way obligate or change City properties, or charge City without its consent in writing, nor shall Concessionaire assign its rights or obligations hereunder without the written consent of the City. The Concessionaire understands that the City does not provide exclusivity with concession contracts, and that other same or similar concessions could be within the above named facility. (a.)The location of the Vendor/Concession/Business may also need to change its location or activities for special events within the property and shall not operate within or during any special event and/or within the designated “footprint” of said special event or on said “City” property during a special event without the consent of the “City” and/or event organization. Also, the Vendor/Concessionaire/Business shall limit its location/activities to within 50 feet of any other Concession/Vendor and/or any other set limits as set forth by the “City”. Furthermore, any current or existing Maintenance/Lease Agreements within City Parks/Facilities and/or “Footprint” have the option to negotiate to allow additional Vending/Concessions within its’ individual Park/Facility/Footprint or specified area(s), as outlined in their individual contracts/agreements or “letter of understanding” with the “City”. The City shall have the final decision to allow such agreements to be put in place. (b.)The Concessionaire shall follow any and all CDC guidelines and Social Distancing rules and regulations as set for by the State of Michigan, County of Muskegon government agencies, City of Muskegon authorities or any such rules or requirements that may apply to operating as a Vendor/Concession/Business in the City of Muskegon Parks facilities. (c.)Both the Concessionaire and the City shall comply with all the laws of the United States and the State of Michigan, all ordinances of the City of Muskegon, and all rules and regulations of the Police and Fire Departments, or other municipal authorities within the County of Muskegon, and will obtain and pay all necessary permits and licenses applicable to each, and will not suffer to be done anything during the term of this agreement in violation of any such laws, ordinances, rules or requirements. (d.) The Concessionaire shall also comply with any paid parking rules and regulations as set forth by the City of Muskegon and pay all fees and fines associated with such during their duration of said contract. 7. Terms: This agreement shall be and remain in force from __May 1, 2024 until and including _April 30, 2029, except that either party may cancel same by giving to the other thirty (30) days’ notice in writing. IN WITNESS WHEREOF, the parties, by their duly authorized officers have executed this agreement. DEPARTMENT OF PUBLIC WORKS WITNESSES: By: ______________________________ _______________________ CONCESSIONAIRE By: ______________________________ _______________________ PARK CONCESSION POLICY EFFECTIVE: July 26th, 2022 PURPOSE To formalize the process and procedures related to concession operations within the City of Muskegon Park System. GOALS The City of Muskegon maintains this policy with the goals of: • Providing a variety of services to park visitors that could not be provided by other means • Meet the needs and wants of park users • Activate and engage our park spaces • Offer opportunities for small business to start and grow COVERED AREAS & APPLICABILITY This policy applies to any concession proposing to operate in the traditionally recognized city park system, with the following exceptions: • Hackley Park is excluded from this agreement and no concessions outside of approved special events are permitted to operate within Hackley Park. • This policy does not apply to Western Market, Muskegon Farmers Market, Trinity Health Arena, or any other areas which may contain similar operations but are not a part of the traditionally recognized city park system. • This policy also does not apply to “The Deck” restaurant which operates within Pere Marquette Park, to “Fisherman’s Landing” campground and boat launch, nor to the “Clippers” baseball facility that operates within Marsh Field, as all are under specific lease agreements and terms. • Concessions operating as a part of an approved special event or an approved sports league are exempt from this policy. This policy does apply to the few brick and mortar concession spaces located within the City Parks; currently the list of brick and mortar spaces is as follows, with future changes possible: • The designated concession space within the Pere Marquette Park Bathhouse • The Pere Marquette Park secondary building located south of the bathhouse • The Pere Marquette Park Chalet at the north end of the park 2 APPLICATION & AGREEMENT PROCESS Applications will be accepted year-round on the attached form. There is no fee associated with applying to be a concessionaire within the City Parks. If the application is approved, fees will be charged for the right to operate within the city park system as outlined below. Staff will review applications in accordance with this policy. Applications approved by staff will be presented to the Commission for consideration before adoption of the agreement. Once an application is approved by the City Commission, city and the concessionaire will enter into a formal agreement. General agreement terms attached to each agreement will be specifically crafted to match the agreed upon activities, fees, and services as allowable in this policy. Agreements shall be renewed annually, except that agreements within a designated brick and mortar space may be proposed for an extended duration, with the maximum length not to exceed 5 years. Returning operations for brick and mortar facilities in good standing shall be offered first right of refusal to renew their agreement for up to one renewal term of the same duration as the original term. When brick and mortar spaces become available or at the end of a renewal term the brick and mortar spaces will be offered as available through a request for proposal process. FEES & WAIVERS Concessionaire shall be obligated to pay the fees outlined in the agreement. The standard fee to operate a concession shall be set at $1,000/Year + 5% of gross receipts for any operation conducted within Kruse Park, Pere Marquette Park, Margaret Drake Elliot Park or Harbor Towne Beach, and $250/Year + 5% of gross receipts for any concession operating in any other park. Concession agreements proposed for a brick and mortar location as described above shall be set at $1,000/Year + 10% of gross receipts or $2,500/Year, whichever is expected to be more. Revenue generated from concession operations shall be deposited in the City General Fund for support of park and recreation operations in the City. Fees for concessions may be waived by staff upon receipt of a “Concession Fee Waiver Application” at the same time as a concession application. Fee waivers will be evaluated according to the point system described on that form. 3 Return completed application to the following: City of Muskegon Public Works Department 1350 East Keating Avenue Muskegon, MI 49442 ► I. CONCESSIONAIRE BUSINESS / NON-PROFIT CONTACT ADDRESS PHONE EMAIL ► II. OPERATIONAL DESCRIPTION ACTIVITIES CONDUCTED (ATTACH PICTURES IF NEEDED) EQUIPMENT USED (ATTACH PICTURES IF NEEDED) REQUESTED LOCATION(S) 4 ► IV. LIABILITY WAIVER APPLICANT(S) voluntarily agree, understand and recognize that participants will have no right to make a claim or file a lawsuit against the City. ► V. REQUIREMENTS OF CONCESSIONAIRES 1. Applicant shall comply with all City of Muskegon Policies. 2. Applicant shall comply with all City of Muskegon Ordinances. 3. Applicant shall save the City of Muskegon harmless from all claims. 4. The appointed fees must be paid in full to the City prior to commencement of operations. 5. All required licenses and an insurance certificate listing the City as an additional insured party must be submitted before the agreement is signed and before commencing operations. 6. Applications denied by staff may be appealed to the City Commission for consideration. With my signature, I certify that I have read and agree to the City of Muskegon Park Concession Policy and all items listed on this application. I agree to abide by all applicable ordinances & regulations. ____________________________________________________________________________________ Signature of Applicant Date CITY STAFF USE ONLY: APPROVED / DENIED NAME/TITLE:_________________________________________________________ DATE:_____________ FEE:_________________ NOTES:______________________________________________________________ 5 Agenda Item Review Form Muskegon City Commission 7.l Commission Meeting Date: 11/14/23 Title: Request to rezone 162 E Apple, 170 E Apple, 974 Spring, 971 Jay, and 151/157/171/181 Allen – Second Reading Submitted By: Mike Franzak Department: Planning Brief Summary: Request to rezone 162 E Apple Ave, 170 E Apple Ave, and 974 Spring St from B- 2, Convenience & Comparison Business to FBC, Neighborhood Core and to rezone 151/157/171/181 Allen Ave and 971 Jay St from R-3, High Density Single Family Residential to FBC, Neighborhood Core, by General Capital Acquisitions, LLC. Detailed Summary & Background: The properties are being rezoned to allow for affordable apartments. The Planning Commission recommended approval of the request by a 7-0 vote. Goal/Focus Area/Action Item Addressed: Economic development, housing and business/diverse housing types/increase variety of housing types. 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 approve the request to rezone 162 E Apple, 170 E Apple, 974 Spring, 971 Jay, and 151/157/171/181 Allen to Form Based Code, Neighborhood Core. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review PLANNING COMMISSION PACKET EXCERPT October 12, 2023 Hearing, Case 2023-25: Request to rezone 162 E Apple Ave, 170 E Apple Ave, and 974 Spring St from B-2, Convenience & Comparison Business to FBC, Neighborhood Core and to rezone 151/157/171/181 Allen Ave and 971 Jay St from R-3, High Density Single Family Residential to FBC, Neighborhood Core, by General Capital Acquisitions, LLC. SUMMARY 1. The properties are zoned R-3, High-Density Single-Family Residential and B-2, Convenience & Comparison Business. They compromise about 1.7 acres of land. 2. The only property that still contains a structure is 162 E Apple Ave, which contains a vacant commercial building. The house at 964 Spring St, at the corner of Spring/Allen, is not included in the project. 3. The applicant is seeking a rezoning in an effort to construct affordable residential apartments. The development plans will include a 53-unit senior housing development. 4. The properties just to the north of this project, across Allen Ave, were recently rezoned to FBC, NC as well in anticipation of a similar housing development, but are not yet depicted as so on the zoning map. 5. Notice was sent to all properties within 300 feet of this address. At the time of this writing, staff had not received any comments from the public. Development Area Zoning Map Aerial Map Allowed Building Types in FBC, NC (Detached and Duplexes not Allowed) CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO. An ordinance to amend the zoning map of the City to provide for a zone change for 162 E Apple, 170 E Apple, 974 Spring, 971 Jay, and 151/157/171/181 Allen to Form Based Code, Neighborhood Core. THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: The zoning map of the City of Muskegon is hereby amended to change the zoning for 162 E Apple, 170 E Apple, 974 Spring, 971 Jay, and 151/157/171/181 Allen to Form Based Code, Neighborhood Core. This ordinance adopted: Ayes: Nayes: Adoption Date: Effective Date: First Reading: Second Reading: CITY OF MUSKEGON By: __________________________ Ann Meisch, MMC City Clerk CERTIFICATE (Rezoning of 162 E Apple, 170 E Apple, 974 Spring, 971 Jay, and 151/157/171/181 Allen to Form Based Code, Neighborhood Core) The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 14th day of November, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as required thereby. DATED: ___________________, 2023 ________________________________ Ann Meisch, MMC Clerk, City of Muskegon Publish Notice of Adoption to be published once within ten (10) days of final adoption. CITY OF MUSKEGON NOTICE OF ADOPTION Please take notice that on November 14, 2023, the City Commission of the City of Muskegon adopted an ordinance amending the zoning map to provide for the change of zoning for 162 E Apple, 170 E Apple, 974 Spring, 971 Jay, and 151/157/171/181 Allen to Form Based Code, Neighborhood Core. Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours. This ordinance amendment is effective ten days from the date of this publication. Published ____________________, 2023 By ___________________________ Ann Meisch, MMC City Clerk --------------------------------------------------------------------------------------------------------------------- PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. Account No. 101-80400-5354 Agenda Item Review Form Muskegon City Commission 7.m Commission Meeting Date: 11/14/23 Title: Request to rezone 550 W Grand Ave – Second Reading Submitted By: Mike Franzak Department: Planning Brief Summary: Request to rezone the property at 550 W Grand Ave from FBC, Urban Residential to FBC, Neighborhood Core, by General Capital Acquisitions, LLC. Detailed Summary & Background: The properties are being rezoned to allow for affordable apartments. The Planning Commission recommended approval of the request by a 7-0 vote. Goal/Focus Area/Action Item Addressed: Economic development, housing and business/diverse housing types/increase variety of housing types. 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 approve the request to rezone the property at 550 W Grand Ave to Form Based Code, Neighborhood Core. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review PLANNING COMMISSION PACKET EXCERPT October 12, 2023 Hearing, Case 2023-26: Request to rezone the property at 550 W Grand Ave from FBC, Urban Residential to FBC, Neighborhood Core, by General Capital Acquisitions, LLC. SUMMARY 1. The property is the site of the former Nelson School. Its zoned Form Based Code, Urban Residential. The parcel measures 9.5 acres and the building measures 77,975 sf. 2. The applicant is seeking a rezoning in an effort to construct affordable residential apartments. The development plans will include a 52-unit workforce housing development. 3. The Form Based Code, Neighborhood Core designation allows a variety of housing options, ranging from rowhouses to large multiplexes, with a maximum height of five stories. 4. Notice was sent to all properties within 300 feet of this address. At the time of this writing, staff had not received any comments from the public. 550 W Grand Ave Zoning Map Aerial Map Allowed Building Types in FBC, NC (Detached and Duplexes not Allowed) CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO. An ordinance to amend the zoning map of the City to provide for a zone change for 550 W Grand Ave to Form Based Code, Neighborhood Core. THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: The zoning map of the City of Muskegon is hereby amended to change the zoning for 550 W Grand Ave to Form Based Code, Neighborhood Core. This ordinance adopted: Ayes: Nayes: Adoption Date: Effective Date: First Reading: Second Reading: CITY OF MUSKEGON By: __________________________ Ann Meisch, MMC City Clerk CERTIFICATE (Rezoning of 550 W Grand Ave to Form Based Code, Neighborhood Core) The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 14th day of November, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as required thereby. DATED: ___________________, 2023 ________________________________ Ann Meisch, MMC Clerk, City of Muskegon Publish Notice of Adoption to be published once within ten (10) days of final adoption. CITY OF MUSKEGON NOTICE OF ADOPTION Please take notice that on November 14, 2023, the City Commission of the City of Muskegon adopted an ordinance amending the zoning map to provide for the change of zoning for 550 W Grand Ave to Form Based Code, Neighborhood Core. Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours. This ordinance amendment is effective ten days from the date of this publication. Published ____________________, 2023 By ___________________________ Ann Meisch, MMC City Clerk --------------------------------------------------------------------------------------------------------------------- PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. Account No. 101-80400-5354 Agenda Item Review Form 7.n Muskegon City Commission Commission Meeting Date: November 14, Title: City Hall Operations Space Needs 2023 Analysis Contract Submitted By: Jake Eckholm Department: Development Services Brief Summary: Staff is requesting authorization to enter into a contract with Integrated Architecture in the amount of $29,260 to complete a space needs analysis for City Hall operations that considers a potential move to the former Hackley Administration Building. Detailed Summary & Background: The City issued an RFP on October 5, 2023 to conduct a space needs analysis for City Hall operations. The analysis will compare the available space in both the current City Hall building at 933 Terrace Street and the former Hackley Administration Building at 349 W. Webster Avenue to evaluate a potential move of City Hall staff and services to the former Hackley Administration Building. Three (3) proposals were received and staff is recommending award of the services to Integrated Architecture, based on their experience with similar projects, and proposed timeframe for completion of the analysis. The bids received were as follows: - Integrated Architecture – $29,260 - DLZ Michigan, Inc. – $39,000 - Short Elliott Hendrickson (SEH) – $40,770 Goal/Focus Area/Action Item Addressed: Investigate options to improve environmental sustainability for projects within the city (Goal 4 Focus Area). Progress toward completion of ongoing economic development projects (Goal 2 Focus Area). Amount Requested: $29,260 Budgeted Item: Yes No N/A Fund(s) or Account(s): Contracted Services Budget Amendment Needed: (701-801-80200) Yes No N/A Recommended Motion: I move to authorize staff to enter into a contract with Integrated Architecture in the amount of $29,260 to complete a space needs analysis for City Hall operations that considers a potential move to the former Hackley Administration Building. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review Agenda Item Review Form 7.o Muskegon City Commission Commission Meeting Date: November 14, Title: Contract – City Hall 2nd Floor Office 2023 Remodel Submitted By: Jamie Pesch Department: Development Services and Public Safety Brief Summary: Staff is requesting authorization to accept Tridonn Construction Company’s bid in the amount of $247,234.00 to build out the vacant office space on the second floor of City Hall to serve the Development Services and Public Safety Departments. Detailed Summary & Background: The first phase of the office remodel was completed in 2020 for the Development Services Department; with the addition of public engagement staff and new employees in Development Services, more space is needed. Additionally, the Detectives in the Public Safety Department plan to relocate to a portion of the vacant space. $200,000 was budgeted in the Public Improvement Fund for the work. The City issued an RFP for the work on July 27, 2023 and three (3) proposals were received: - Tridonn Construction – $247,234 - Clifford Buck Construction – $266,226 - Erhardt Construction – $389,900 Staff is recommending award of the services to Tridonn Construction Company, which submitted the low bid for the work. Goal/Focus Area/Action Item Addressed: Blight cleanup (Goal 1 Focus Area). Investigate options to improve environmental sustainability for projects within the city (Goal 4 Focus Area). Amount Requested: $247,234.00 Budgeted Item: Yes No N/A Fund(s) or Account(s): Contracted Services Budget Amendment Needed: (701-801-80200) Yes No N/A Recommended Motion: I move to authorize staff to accept Tridonn Construction Company’s bid in the amount of $247,234.00 to build out the vacant office space on the second floor of City Hall to serve the Development Services and Public Safety Departments. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review 7.p Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 11/14/23 Title: DDA and District Library Member Appointments Submitted By: Ann Marie Meisch, MMC Department: City Clerk Brief Summary: Consider appointment of: Andrew Boyd to the DDA/BRA/TIFA Board for a partial term expiring 01/31/2025 Thomas DeVoogd to the District Library Board for a term expiring 06/31/2027. Detailed Summary & Background: DDA/BRA/TIFA liaison requested consideration of Andrew Boyd, business owner in the district, to a term vacated by the resignation of Michael Johnson, Sr. Hackley Public Library Board of Trustees President recommended Thomas DeVoogd, citizen, to the District Library Board for a term vacated at the expiration of Clayton Hardiman’s regular term in June 2023. Goal/Focus Area/Action Item Addressed: Maintain full board membership. Amount Requested: Budgeted Item: Yes No N/A Fund(s) or Account(s): Budget Amendment Needed: Yes No N/A Recommended Motion: Support the recommendation of city staff, Library Trustee and Community Relations Committee to appoint both applicants. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review 10.a Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 11/14/2023 Title: Conflict of Interest Disclosure Submitted By: Sharonda Carson Department: CNS Brief Summary: Seeking approval to waive conflict pursuant to City Charter and State Law. City staff will be seeking to submit a request to the Department of Housing and Urban Development for an Exception for a Conflict of Interest for the City of Muskegon Community and Neighborhood Services (CNS) Department Priority Home Repair Program. Detailed Summary & Background: Under State law, a contract between a public entity and a public servant is permissible in this particular case when: 1) The public servant discloses in writing to the Mayor, seven days prior to City Commission action, their interest in the issue and the value of benefits to be provided by the City; 2) The official body discloses a summary of the transaction in its official minutes. Where a “conflict of interest” does exist pursuant to the City Charter, the City may still enter into the contract if all the following occurs: 1) The City Commission declares that it is in the best interest of the City to enter into the contract. The City Attorney and employee letter is attached. Goal/Focus Area/Action Item Addressed: Refer to the 2022-2027 Long Term Goals document. Amount Requested: $1944.75 not to exceed Budgeted Item: $3,000.00 Yes No N/A Fund(s) or Account(s): Budget Amendment Needed: 472-718-801 Yes No N/A Recommended Motion: To waive the conflict of interest pursuant to City Charter and State Law and request the Department of Housing and Urban Development for an exception approve the request of Conflict of Interest Exception for the City of Muskegon Community and Neighborhood Services Department Priority Home Repair Program. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review 10.b Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 10-24-23 Title: Fire Engine Replacement Purchase Submitted By: Timothy Kozal, Director of Department: Fire Public Safety Brief Summary: The Fire Department seeking approval to purchase a firefighting pumper apparatus to replace a 2010 fire apparatus. Detailed Summary & Background: The Fire Department is seeking approval to purchase 2023 Spartan Star Series pumper from CSI Emergency Apparatus LLC of Graying Michigan for $972,276.00. This pumper will replace Engine 25, a 2010 Spartan Metro Star with 137,043 miles. The mandatory replacement for frontline fire apparatus is 15 years. The expected delivery date of this purchase is approximately 600 days or June of 2025. We did receive a bid for a Pierce Enforcer from Halt Fire of Wixom Michigan for $1,167,753.00. Sutphen Fire Apparatus of Dublin Ohio stated they would not be taking orders until January of 2024. A mandatory diesel emissions standard will go in effect in 2024. Manufactures are warning of a $150,000 price increase to meet the new emissions standards. Goal/Focus Area/Action Item Addressed: Goal 4, Action Item 2022-4.1 Identify specific major capital projects across all departments. Amount Requested: Budgeted Item: $972,276.00 Yes No N/A Fund(s) or Account(s): Budget Amendment Needed: 101-336-977 Yes No N/A Recommended Motion: To approve staff to enter into a purchase agreement with CSI Emergency Fire Apparatus for a 2023 Spartan Star pumper. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes No Other Division Heads Communication Legal Review CSI Emergency Apparatus CSI Emergency Apparatus 2332 Dupont Street 1650 Callaghan Grayling, MI 49738 Greenville, MI 48838 Phone: 989-348-2877 Phone: 616-225-9200 Fax: 989-348-8233 Fax: 616-225-1271 Muskegon Fire Department, Michigan – Sales Contract 770 Terrace St, Muskegon, MI 49440 THIS CONTRACT (“Contract”) is made by and between CSI Emergency Apparatus, LLC (“CSI”) representing Spartan Emergency Response and the Muskegon Fire Department, Muskegon, Michigan (“Customer”). This Contract will not become binding upon CSI until it is executed by an officer of CSI, and accepted by the Spartan Emergency Response and the effective date of the Contract (“Effective Date”) will be the date that the CSI officer executes the Contract from the Spartan Emergency Response. The parties hereby agree as follows: I. Subject to the terms of this Contract, CSI shall represent Spartan ER to furnish, and the Customer shall purchase, the apparatus and equipment (“Apparatus and Equipment”) described and in accordance, in all material respects with the specifications (“Original Customer Specifications”) submitted with the Spartan bid proposal (the “Bid Proposal”). In the event there is any conflict between original customer specification and the bid proposal, the bid proposal will prevail. II. This Contract for Apparatus and Equipment conforms to all Federal Department of Transportation (DOT) and Environmental Protection Agency (EPA) rules and regulations and to all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus in effect as of the Effective Date, unless noted otherwise in the Bid Proposal. III. Spartan shall have the apparatus ready for final inspection and delivery to CSI from Spartan’s Brandon South Dakota facility, within 600 days, excluding any additional dealer make ready days described below. This delivery timeframe is subject to modification if there are customer driven delays to holding any construction meeting and/or if there are customer driven delays to returning the corresponding signed CO’s to the factory. All change orders must be approved by the date designated on the Spartan provided change order or the added days of production noted on the change order will be added to the above-mentioned delivery timeframe. Any further delays after the pre-construction has been completed in providing additional desired specifications, change approvals, inspection timelines, or other required information for the Apparatus and Equipment may result in an extension of the above referenced delivery timeline by the amount of time Spartan requires, in its sole but reasonable discretion, to furnish the Apparatus and Equipment following Customer’s delay, but in any event by at least the duration of Customer’s delay. IV. In exchange for the Apparatus and Equipment, Customer agrees to pay the sum of Nine Hundred Seventy Two Thousand Two Hundred Seventy Six Dollars $972,276.00 (Purchase Price”). Pending Spartan Engineering approval on the requested panel changes. Contract amount will not change without written customer approval. The final balance payment of $972,276.00 is due upon delivery to Customer. Project changes orders as approved by the purchasing authority will be applied to the final invoice. Interest at 18 percent per annum, payable monthly, shall be charged on all past due payments. The Apparatus shall NOT be placed in service prior to payment in full, NO EXCEPTIONS. V. Any applicable taxes not specified or noted above will be paid by Customer directly. If Customer claims exemption from any tax, Customer’s applicable exemption certificate shall be provided with this contract or your Tax ID number provided below to hold CSI harmless from any such tax, interest or penalty which may at any time be assessed against CSI. Proudly representing Spartan ER VI. Acceptance of Apparatus and Equipment shall occur after completion of a final inspection by a representative of Customer at a factory location of Spartan, completion of any discrepancy list, and shipment of Apparatus and Equipment from Spartan’s factory location. Upon completion of the final inspection and related discrepancy list, the Apparatus and Equipment shall be conclusively determined to be in full compliance with the terms of this Contract, less CSI dealer up-fit item and loose equipment outlined as such in the Bid Proposal. CSI will not surrender the title to or the statement of origin for any Apparatus or Equipment or provide Customer with any other documentation regarding ownership of any Apparatus or Equipment until CSI has received full payment of the Purchase Price (and taxes if applicable). VII. Customer shall indemnify CSI against, and hold CSI, its agents, employees, officers and directors harmless from, any and all claims, action, suits and proceedings, costs, expenses, damages and liabilities, whether based in negligence, tort, strict liability or otherwise, including attorney's fees and costs, arising out of, connected with, or resulting from this Contract or the Apparatus or Equipment, except to the extent such claims, action, suits and proceedings, costs, expenses, damages or liabilities arise from CSI’s breach of its obligations under this Contract. Nothing herein shall be construed to waive, limit, or restrict any governmental immunity available to Muskegon Fire Department. VIII. CSI or Spartan shall not be liable if performance failure arises out of causes beyond its reasonable control, which causes shall include without limitation acts of God, war, fires, floods, freight embargoes, order of any court, strike, lockout, failure or delays by suppliers or contractors, or legislative or governmental, or other, prohibitions or restrictions. IX. Any order or contract resulting from this proposal shall be cancelable only under terms that will indemnify CSI from loss. X. The Apparatus and Equipment shall remain the property of CSI until the entire Purchase Price for each item of Apparatus and Equipment has been paid. In case of a default in payment, CSI may take full possession of the Apparatus and Equipment, or of the item or items upon which default has been made, and any payments that have been made shall be applied as payment for the use of the Apparatus and Equipment up to the date CSI takes possession. XI. This Contract will only be binding after it is signed and approved by the customer and an officer of CSI. This Contract (which includes the other documents referenced in this Contract) embody the entire agreement and understanding between the parties with respect to the subject matter of this Contract and supersede all prior oral or written agreements and understandings relating to the subject matter of this Contract. No statement, representation, warranty, covenant, or agreement of any kind not expressly set forth in this Contract shall affect, or be used to interpret, change or restrict, the express terms and provisions of this Contract. This Contract cannot be altered or modified except by mutual written agreement signed by the parties. The Customer representative signing this Contract on Customer’s behalf represents and warrants that he or she has the authority to sign this Contract and that all necessary action has been taken by Customer to authorize Customer’s execution of and performance under this Contract. XII. In the event that any court of competent jurisdiction shall determine that any provision, or any portion thereof, contained in this Contract shall be unenforceable in any respect, then the provision shall be deemed limited to the extent that the court deems it enforceable, and as so limited shall remain in full force and effect. In the event that the court shall deem any provision, or portion thereof, wholly unenforceable, the remaining provisions of this Contract shall nevertheless remain in full force and effect. 2 of 3 Key proposal documents referenced for above contract are: • One (1) Spartan ER Fire Apparatus as outlined in our bid proposal package as follows: a) Bid Proposal Specifications Dated: 08-21-2023 b) Proposed Specification adjustment Dated: 09-20-2023 c) Proposal Letter Dated: 10-12-2023 This contract is agreed to by the parties as of the Effective Date. CSI Emergency Apparatus Purchasing Authority: Muskegon Fire Department By: __________________________________________ By: __________________________________________ CSI Emergency Apparatus Officer Signature Authorized Signer _____________________________________________ _________________________________ Print Name Print Name Title:___________________________________________ Title:____________________________________ _____________________________________________ By: __________________________________________ Date Authorized Signer _________________________________ Print Name Title:_________________________________ __________________________________ _______________________________ Authorities Tax ID Number Date ________________________________ Authorities name as it is to appear on the vehicle title ________________________________ Authorities address as it is to appear on the vehicle title __________________ ____ _______ City State Zip Authorities City, State, Zip as it is to appear on the title 3 of 3 CSI Emergency Apparatus, LLC Phone: 989-348-2877 2332 Dupont Street Fax: 989-348-8233 Grayling, M I 49738 www.csiea.com City of Muskegon Fire Department Apparatus Proposal Pre-Payment Discount Offering CSI Emergency Apparatus has provided the following pre-payment optoins for your consideration. In order for the prepayment amounts below to be valade, the prepayment amount needs to be decided at the time of purchase. Prepayment Balance Due on Payment Discount Type Discount Amount Delivery 100% Prepayment at time of contract $ 923,286.00 $ 48,990.00 $ - 80% Prepayment at time of contract $ 777,820.80 $ 38,920.00 $ 155,535.20 50% Prepayment at time of contract $ 486,138.00 $ 23,765.00 $ 462,373.00 The above Balace Due on Delivery values do not include any change orders or addtions that may be applied to the project during production. All change orders or addtions to the project will be provided to the purchaseing authority in writing for approve before they are completed. If you choose to pay this unit COD, there is an additional discount of $4,875.00 is avaliable by omitting the included performance bond. Proudly Representing: CSI Emergency Apparatus, LLC 2332 Dupont Street Grayling, MI 94738 Phone: 989-348-2877 October 12, 2023 City of Muskegon Fire Department 770 Terrace St Muskegon, MI 49440 Ladies and Gentlemen: CSI Emergency Apparatus is pleased to offer you, upon an order being placed by you, the below proposed Spartan Emergency Response Fire Apparatus. The apparatus and equipment as presented in our proposal includes no State, Federal, or local taxes. The bid price per our proposal including a performance bond is as follows: One (1) Spartan Star Series Pumper $ 972,276.00 The Apparatus and Equipment shall be ready for final inspection at the Spartan Emergency Response factory located in Brandon South Dakota,within 600 days after the effective date. Any delays by the customer in providing additional desired specifications, change approvals, required inspection schedules, or other required information for the Apparatus and Equipment may result in an extension of the above referenced delivery days by the amount of time Spartan Emergency Response requires, in its sole but reasonable discretion, to provide the Apparatus and Equipment following the customers request and or delay. Delays in delivery by strikes, war or international conflict, failures to obtain chassis, materials, or any other causes beyond our control shall not be held against CSI Emergency Apparatus as your authorized Spartan dealer. Payment Structure for apparatus as proposed: * We have bid the apparatus with COD terms, payment do at the time of delivery. See following page for pre-payment discount options. The bid price is good until October 13, 2023. Extensions may be granted upon request. Sincerely, Matthew Holzhei General Manager CSI Emergency Apparatus Agenda Item Review Form Muskegon City Commission 10.c Commission Meeting Date: November 14, Title: Final Planned Unit Development 2023 Approval – 2400/2850 Lakeshore Dr Submitted By: Mike Franzak Department: Planning Brief Summary: Request for final Planned Unit Development approval at 2400 and 2850 Lakeshore Dr for a mixed-use development including residential and commercial, by Parkland Acquisition Six, LLC. Detailed Summary & Background: The Planning Commission recommended approval of the PUD, with conditions, by a 6-0 vote at their November 6 meeting. Goal/Focus Area/Action Item Addressed: Goal 1: Destination community & quality of life / Improved access to the waterfront. Goal 2: Economic development, housing, and business / diverse housing types / Neighborhood commercial center development. 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 approve the request for final Planned Unit Development approval at 2400-2850 Lakeshore Dr, contingent upon the acquisition of the property by Parkland Acquisition Six, LLC based on the PUD review standards listed in Article 21, number 1, part C - 1 through 7 of the zoning ordinance, with the following conditions: 1. A traffic study be conducted, reviewed, and published by the Public Works Director. 2. A stormwater permit is granted from the Engineering Department. 3. A utility plan is approved by the Public Works Director. 4. All applicable permits from various State Departments are obtained. 5. A revised plan showing fire access to the marina slips is approved by the Fire Marshall. 6. A landscape management plan will be submitted and approved by DPW Director inclusive of the natural vegetation zone. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review Staff Report November 6, 2023 Hearing, Case 2023-30: Request for preliminary and final Planned Unit Development approval at 2400- 2850 Lakeshore Dr, by Parkland Acquisition Six, LLC. SUMMARY 1. The properties are zoned I-2, General Industrial and OSR, Open Space Recreation. The applicant is proposing a mixed-use development under the Planned Unit Development section of the zoning ordinance. The I-2 section of the ordinance states “Planned developments may be allowed by the Planning Commission under the procedural guidelines of Section 2101. The intent of Planned Unit Developments in the I-2 General Industrial District is to allow mixed land uses, which are compatible to each other.” The Planning Commission must vote on approval or denial of the preliminary PUD and also vote on a recommendation of the final PUD to the City Commission. 2. The site is currently under environmental review and cleanup. 3. The development could include up to 2,314 units (18.8 D.U/AC). This would include single-family houses, townhouses, small condo buildings (10-12 units each), large apartment/condo buildings (48 units each) and mixed-use apartments (55 units total). Some of the proposed single-family lots to the east of the proposed restaurant could be combined to create larger buildable lots. Please see the enclosed documents depicting the design guidelines that each housing type will have to follow. 4. The development proposes 42,780 sf of retail/office space. Buildings A1-A4 and MU1-MU-4 would allow for permitted uses allowed in the B-2 district of the zoning ordinance. 5. The development would be accessed by three public streets that enter the development off of Lakeshore Dr. Sidewalks have been proposed near every cross street located off of the south side of Lakeshore Dr. 6. The proposed marina includes 251 private boat slips and 1400 linear feet of transient spaces. 7. Residential lots abutting the water could potentially apply for permits from EGLE for individual boat docks that would need their own separate permits. 8. Please see the site regulation standards listed on the site plan. The tallest buildings on the site would be the multi-family buildings along Lakeshore Dr at six stories. 9. Street trees will be provided every 34-45 feet. 10. The bike path along Lakeshore Dr has been moved off-street. 11. Wayfinding signage will be placed throughout the development to direct pedestrians to publicly- accessible amenities. 12. Sidewalks, bike paths, and walking paths are depicted in red on the site plan. 13. The proposed restaurant/music venue will have quiet hours from 11 p.m. to 10 a.m. 14. The proposed streets are public and there will be not fences/gates within the development except piers 1-4, dog park, sports courts, playgrounds, pools, dumpsters and above ground utility screening. 15. All public amenities will be owned and maintained by the development association in perpetuity. Public amenities include: Fishing and kayak launch (#17 on site plan) Break wall/fishing/shopper docks (#27) Restaurant with public restrooms (#13) Nature boardwalk (#15) Public parklet with fishing dock (#16) Public fishing and kayak launch (#17) Multi-modal trail connector (#18) Dog park and pollinator garden (#22) Playground (#23) Woodland preservation area and on-leash dog park (#24) 16. Please see the enclosed Phasing Plan. 17. A proposed traffic circle has been added after receiving public feedback but will need to be further studied for applicability. The developer does own the two properties on the south side of Lakeshore Dr needed to accommodate a traffic circle. STANDARDS FOR APPROVAL OF PLANS The Planning Commission shall approve, deny or modify preliminary PUD plans, based upon the following standards. Likewise, the City Commission shall approve, deny, or modify final PUD plans (after review and recommendation by the Planning Commission) based upon the following standards. Staff will comment on each of these standards in green and individual Planning Commission members will be asked to vote whether they agree if these criteria have been met or not. 1) The uses proposed will have a beneficial effect, in terms of public health, safety, welfare, or convenience of any combination thereof, on present and potential surrounding land uses. The uses proposed will not adversely affect the public utility and circulation systems, surrounding properties, or the environment. Agree. The plan offers mixed-uses that are harmonious to the surrounding uses in the neighborhood. The addition of parks and public amenities will provide the public with useful recreational opportunities. The addition of housing units is severely needed as shown by the Housing Needs Assessment. 2) The uses proposed should be consistent with the land use plans adopted by the City. The future land use map in the Master Plan depicts this property as “Lakeshore.” Lakeshore is defined as “Mixed-use development and recreational, water-related activities located along the Muskegon Lake shoreline. The large lot sizes, uniquely shaped parcels, and wide range of permitted uses, Planned Unit Developments (PUD) are common in this land use category.” 3) The amount of open space provided, which the Planning Commission or City Commission may modify even though such modifications do not conform to that required in other sections of this ordinance. Staff believes the applicant has provided enough open space for this type of development. There are almost 276,000 sf of public amenity areas, including over 970 linear feet of waterfront access and 1,973 linear feet of public boardwalk. 4) The amount of off-street parking areas, which the Planning Commission or City Commission may modify even though such modifications do not conform to that required in other sections of this ordinance. The single-family houses will all be able to provide at least two parking spaces, which is required by the zoning ordinance. The mixed-use and apartment/condo buildings all provide adequate parking of at least a 1:1 ratio, which is traditionally required by these types of developments. Additional parking spaces can be found throughout the development on the street and around the boat storage building. 5) The amount of landscaping and buffering areas, which the Planning Commission or City Commission may modify even though such modifications do not conform to that required in other sections of this ordinance. Each building type will have to follow the same landscaping requirements as required by the zoning ordinance. See Section 2333 (Landscaping, Fencing, Walls, Screens & Lighting) of the zoning ordinance for requirements. 6) The protection or enhancement of significant natural, historical, or architectural features within the proposed development area. The proposed plan accounts for over three acres of protected woodlands identified as P10 & P11 on the plan. Natural enhancements include walking paths, a nature boardwalk, fishing docks and kayak launches. 7) The uses proposed will result in safe, convenient, uncongested and well defined vehicular and pedestrian circulation systems. Yes. Any approvals should be contingent upon a traffic study approved by the Public Works Director. Zoning Map Aerial Map CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO.________ An ordinance to approve the final planned unit development at 2400/2850 Lakeshore Dr. THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: The zoning map of the City of Muskegon is hereby amended to change the zoning for 2400/2850 Lakeshore Dr to Planned Unit Development, contingent upon the acquisition of the property by Parkland Acquisition Six, LLC. This ordinance adopted: Ayes: Nayes: Adoption Date: Effective Date: First Reading: Second Reading: CITY OF MUSKEGON By: __________________________ Ann Meisch, MMC City Clerk CERTIFICATE (Rezoning of 2400/2850 Lakeshore Dr to Planned Unit Development) The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 14th day of November, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as required thereby. DATED: ___________________, 2023 ________________________________ Ann Meisch, MMC Clerk, City of Muskegon Publish Notice of Adoption to be published once within ten (10) days of final adoption. CITY OF MUSKEGON NOTICE OF ADOPTION Please take notice that on November 14, 2023, the City Commission of the City of Muskegon adopted an ordinance amending the zoning map to provide for the change of zoning for 2400/2850 Lakeshore Dr to Planned Unit Development. Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours. This ordinance amendment is effective ten days from the date of this publication. Published ____________________, 2023 By ___________________________ Ann Meisch, MMC City Clerk --------------------------------------------------------------------------------------------------------------------- PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. Account No. 101-80400-5354 Windward Pointe Stormwater Management Design Strategy Criteria Stormwater management for proposed Windward Pointe will meet the rigorous criteria established by the Muskegon County Water Resources Commissioner and the City of Muskegon. • The City of Muskegon and their stormwater consultant team will review the design calculations and construction documents prior to construction of site infrastructure. • A stormwater permit will be obtained from the City of Muskegon prior to the start of infrastructure construction. Historical Site Throughout Muskegon’s history, stormwater runoff has been considered a “nuisance” that had to be disposed of quickly and without regarding to its real value. This is evidenced on the Windward Pointe property, which was the site of an industrial-era paper mill for many decades. The site was largely impervious, and stormwater runoff was allowed to simply flow away from the site with zero or very little clean-up or treatment techniques. SD Warren / Sappi Paper Mill Windward Pointe Goals Recently it has been recognized that effective stormwater management means that we need to treat rainfall as a resource that should be protected, helping to ensure that future generations can enjoy the unique resources that we are blessed with. Windward Pointe shares this vision and goal for sustainability in its stormwater management design strategy. 217 Grandville Avenue, SW Suite 302 • Grand Rapids, MI 49503 • P. 616.575.5190 • F. 616.575.6644 Ann Arbor • Chicago• Columbus • Grand Rapids • Holland • Indianapolis • St. Louis www.nederveld.com Techniques Stormwater runoff from streets can carry sediment, debris, chemicals, and pollutants, which must be cleaned and treated prior to discharge into our waterways. • Underground infrastructure will include sediment trap sumps in catch basins and stormwater quality units (SWQU). SWQUs are designed to treat stormwater to remove debris collected in runoff including trash, sediment, oils, and other suspended solids. • Windward Pointe will also employ sustainable design measures such as planting strips, infiltration beds, bioretention cells, and bioswales to capture and treat stormwater runoff. Examples are shown below: Standards The design for the site will meet the standards set forth by the City of Muskegon, Muskegon County Water Resources Commissioner, and the Michigan Department of Environment, Great Lakes, and Energy. In particular, water quality will be the primary focus of stormwater management at Windward Pointe. To accomplish this, the project will be required to utilize Best Management Practices (BMPs) that provide treatment for approximately 3.3 million gallons of stormwater runoff, meeting County and City criteria for sediment and pollutant removal. These measures will include employing the techniques noted above. October 25, 2023 Jon Rooks Parkland Acquisition Six, LLC 75 W Walton Avenue STE A Muskegon, MI 49440 City of Muskegon Planning Department 933 Terrace Street Muskegon, MI 49440 RE: Windward Pointe Lot and Building Parameters for homesites, condo mansion lots, and multi- family buildings Detached Single Family Lots [Aligned Lots and Staggered Lots] 1. The homesite dwelling unit shall have a minimum living area (excluding all basement area) of one thousand (1000) square feet with a minimum five hundred (500) square feet at the first floor. There is no maximum square footage. The second floor must be equal to or smaller than the first floor beneath including any garage. 2. Where the homesite design involves a roof pitch, it shall be a minimum pitch of 6/12, that is, for every twelve inches (12'') of lateral run, the roof shall rise six inches (6''). In the case of additions or alterations to principal structures, the roof pitch shall be a minimum pitch of 6/12. 3. The roof shall have a snow load rating that meets the current Michigan Building Code. 4. Roof drainage shall be provided to direct storm or meltwater away from the foundation including hip, gambrel and mansard roofs. 5. Siding and trim systems shall be of an industry standard gauge suitable for on-site-built homes. 6. The dwelling unit shall have a minimum width of eighteen (18) feet across any front, side, and rear elevation view. 7. The front elevation view may have a design offset including but not limited to; bay windows, covered porches, or structural offsets from the principal plane of the building. 8. Any single-story, residential structure shall not be more than four (4) times longer than its width (exclusive of an attached garage). 9. Garage doors may not compromise more than seventy-five percent (75%) of the front face of the structure. 10. Newly constructed homes must be set back twenty-four (24) feet from the front property line. 11. The dwelling unit shall be firmly attached to a permanent foundation constructed on the site in accordance with the current building code, manufacturers specifications, and any other applicable requirements. 12. Any crawlspace, partial or full height basement that may exist between the foundation and ground floor of the dwelling unit shall be fully enclosed by an extension of the foundation wall along the perimeter of the building. 13. There will be no mobile home dwelling units permitted on any lot except manufactured / modular homes that meet building code. 14. There will be no mobile home dwelling units, including their undercarriage and wheel apparatus, permitted on any lot except manufactured / modular homes that meet building code. 15. The dwelling unit shall be connected to a public sewer and water supply when available, as defined by the Plumbing Code. Backflow preventers are required in the basement or crawl space of each home. 16. The compatibility of design and appearance shall be in accordance with the condominium by-laws. 17. The dwelling unit shall contain no additions of rooms or other areas which are not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein. 18. The dwelling unit shall comply with all pertinent structural, building and fire codes. 19. All construction required herein shall be commenced only after a building permit has been obtained in accordance with the Building Code. 20. Each dwelling unit shall have an established vegetative ground cover in less than 12 months after occupancy. A minimum of two trees, two inches (2'') in diameter, four feet (4') from the ground or six-foot (6') evergreen trees shall be provided. 21. Detached outbuildings, including garages, are allowed up to five hundred (500) square feet maximum at the rear yard of non-waterfront lots or the front yard of waterfront lots. 22. Front Yard Setback (Aligned and Staggered Lots): Minimum twenty-two (22’) feet from the front property line. 23. Rear Yard Setback (Aligned and Staggered Lots on waterfront): Minimum fifteen (15’) feet from the Ordinary High Water Mark. 24. Side Yard Setback: Aligned Lots and Staggered Lots shall maintain a minimum side yard setback of five (5) feet and zero (0) feet respectively. Buildings must also maintain a minimum of building- to-building separation to comply with Fire Code. 25. Eaves, bay windows, egress wells, fireplaces, uncovered steps, and egress wells may encroach into all yard setbacks up to three (3) feet. 26. Maximum Building Height: Three stories, plus basement or fifty-five (55) feet to the peak of any gable, gambrel or hip roofs, or to the top of any flat roofs, whichever is less. 27. Building height does not include chimneys, spires, cupolas, dormers, finials, antennae, railings, roof decks and access to the roof deck. 28. All stories above grade may contain any combination of conditioned living space, outdoor space (covered or uncovered) and garage area. 29. One six hundred (600) maximum square foot, uncovered roof deck allowed above three (3) stories. No limit on first three (3) stories. 30. Garages are required with a maximum of three (3) stalls. 31. One (1) stall maximum carport is allowed in addition to the garage attached or unattached to any building. 32. Full or partial basements are allowed that are finished or unfinished. 33. Front balcony and porches are allowed and may be up to three (3) stories tall on the front elevation. 34. Rear balcony and porches are allowed and may be up to three (3) stories tall on the rear elevation. 35. Wraparound balcony and porch are allowed and may be up to two (2) stories tall. 36. Minimum eight (8) feet of separation between any buildings on the same lot. 37. All architectural designs must comply with the Condominium Association’s bylaws, master deed, rules and regulations. Mansion Lots [Front Loaded and Rear Loaded] 38. The ‘mansion’ (condo and apartment) dwelling unit shall have a minimum living area (excluding all parking area) of four hundred (400) square feet. There is no maximum square footage. There may be up to 12 units per building structure. 39. Where the homesite design involves a roof pitch, it shall be a minimum pitch of 6/12, that is, for every twelve inches (12'') of lateral run, the roof shall rise six inches (6''). In the case of additions or alterations to principal structures, the roof pitch shall be a minimum pitch of 6/12. 40. The roof shall have a snow load rating that meets the current Michigan Building Code. 41. Roof drainage shall be provided to direct storm or meltwater away from the foundation including hip, gambrel and mansard roofs. 42. Siding and trim systems shall be of an industry standard gauge suitable for on-site-built homes. 43. The dwelling unit shall have a minimum width of fourteen (14) feet across any front, side, and rear elevation view. 44. The front elevation view may have a design offset including but not limited to bay windows, covered porches, or structural offsets from the principal plane of the building. 45. Garage doors may not compromise more than sixty-five percent (65%) of the front face of the structure. 46. The dwelling unit shall be firmly attached to a permanent foundation constructed on the site in accordance with the current building code, manufacturers specifications, and any other applicable requirements. 47. Any crawlspace, partial or full height basement that may exist between the foundation and ground floor of the dwelling unit shall be fully enclosed by an extension of the foundation wall along the perimeter of the building. 48. There will be no mobile home dwelling units permitted on any lot. 49. There will be no mobile home dwelling units, including their undercarriage and wheel apparatus, permitted on any lot. 50. The dwelling unit shall be connected to a public sewer and water supply when available, as defined by the Plumbing Code. Backflow preventers are required in the basement or crawl space of each home. 51. The compatibility of design and appearance shall be in accordance with the condominium by-laws. 52. The dwelling unit shall contain no additions of rooms or other areas which are not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein. 53. The dwelling unit shall comply with all pertinent structural, building and fire codes. 54. All construction required herein shall be commenced only after a building permit has been obtained in accordance with the Building Code. 55. Each building structure shall have an established vegetative ground cover in less than 12 months after occupancy. A minimum of two shade trees, two inches (2'') in diameter, four feet (4') from the ground or one six-foot (6') evergreen tree shall be provided. 56. Detached outbuildings, including garages, are allowed up to five hundred (500) square feet maximum at the rear yard. 57. Front-Loaded Mansion Lot Front Yard Setback: Minimum twenty-two (22’) feet from the front property line. 58. Front-Loaded Mansion Lot Rear Yard Setback: Minimum fifteen (15) feet from the rear property line. 59. Rear-Loaded Mansion Lots Build-to-Zone: Building façade shall be placed between twelve (12) feet and twenty (20) feet from the primary front yard property line. A minimum side yard setback of fifteen (15) feet shall be maintained at any secondary front yards of corner lots. Rear yard setback is minimum one (1) feet. 60. Side Yard Setback: All Mansion Lot buildings shall maintain a minimum side yard setback of five (5) feet. Eaves, bay windows, egress wells, fireplaces, uncovered steps, and egress wells may encroach into all yard setbacks up to three (3) feet. 61. Maximum Building Height: Five (5) stories or eighty (80) feet to the peak of any gable, gambrel or hip roofs, or to the top of any flat roofs, not including any uncovered rooftop deck. 62. Building height does not include chimneys, spires, cupolas, dormers, finials, antennae, railings, roof decks and access to the roof deck. 63. All stories above grade may contain any combination of conditioned living space, outdoor space (covered or uncovered) and garage area. 64. One six hundred (600) maximum square foot, uncovered rooftop deck allowed per building structure. 65. Optional common garages with a maximum of twelve (12) interior parking spots. 66. Front balcony and porches are allowed and may be on up to five (5) stories on the front elevation area. 67. Rear balcony and porches are allowed and may be on up to five (5) stories on the front elevation area. 68. Wraparound balcony and porch are allowed and may be up to three (3) stories tall. 69. Minimum eight (8) feet of separation between any buildings on the same lot. 70. All architectural designs must comply with the Condominium Association’s bylaws, master deed, rules and regulations. Multiple-Family Buildings 71. The multi-family (condo and apartment) units shall have a minimum living area of four hundred (400) square feet. There is no maximum square footage. 72. Where the design involves a roof pitch, it shall be a minimum pitch of 6/12, that is, for every twelve inches (12'') of lateral run, the roof shall rise six inches (6''). In the case of additions or alterations to principal structures, the roof pitch shall be a minimum pitch of 6/12. 73. The roof shall have a snow load rating that meets the current Michigan Building Code. 74. Roof drainage shall be provided to direct storm or meltwater away from the foundation including hip, gambrel and mansard roofs. 75. Siding and trim systems shall be of an industry standard gauge suitable for on-site-built homes. 76. The building shall have a minimum width of 10 feet across any front, side, and rear elevation view. 77. The front elevation view may have a design offset including but not limited to; bay windows, covered or uncovered balconies and porches, and structural offsets from the principal plane of the building. 78. Garage doors may not compromise more than ninety-five percent (95%) of the front face of the building. 79. The building shall be firmly attached to a permanent foundation constructed on the site in accordance with the current building code, manufacturers specifications, and any other applicable requirements. 80. Any crawlspace, partial or full height basement that may exist between the foundation and ground floor of the structure shall be fully enclosed by an extension of the foundation wall along the perimeter of the building. 81. There will be no mobile home dwelling units permitted on any lot. 82. There will be no mobile home dwelling units, including their undercarriage and wheel apparatus, permitted on any lot. 83. The building shall be connected to a public sewer and water supply when available, as defined by the Plumbing Code. Backflow preventers are required in the basement or crawl space of each building. 84. The compatibility of design and appearance shall be in accordance with the condominium by-laws. 85. The building shall contain no additions of rooms or other areas which are not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein. 86. The building shall comply with all pertinent structural, building and fire codes. 87. All construction required herein shall be commenced only after a building permit has been obtained in accordance with the Building Code. 88. Each building shall have an established vegetative ground cover in less than 12 months after occupancy. A minimum of two shade tree, two inches (2'') in diameter, four feet (4') from the ground or one six foot (6') evergreen tree shall be provided. 89. Buildings shall be placed a minimum of twenty five (25) feet from any adjacent road pavement, excluding drive aisles and parking pavement. 90. Buildings must maintain a minimum building-to-building separation of twenty five (25) feet, measured from building foundation wall to building foundation wall. 91. Maximum Building Height: Six (6) stories or ninety (90) feet to the peak of any gable, gambrel or hip roofs, or to the top of any flat roofs, whichever is less 92. Building height does not include chimneys, spires, cupolas, dormers, finials, antennae, railings, roof decks and access to the roof deck. 93. All stories above grade may contain any combination of conditioned living space, outdoor space (covered or uncovered) and garage area. 94. One one thousand (1,000) maximum square foot, uncovered roof deck. 95. Garages are not required. 96. Carports are allowed in addition to surface lot, or garage parking with the first floor of the building. 97. Full or partial basements are allowed that are finished or unfinished. 98. Front porches and balconies are allowed and may be up to six (6) stories tall on the front elevation. 99. Rear porches and balconies are allowed and may be up to six (6) stories tall on the rear elevation. 100. Wraparound balcony or side porch is allowed and may be up to six (6) stories tall. 101. All architectural designs must comply with the Condominium Association’s bylaws, master deed, rules and regulations. General Provisions 102. In the event of any conflict between the Site Regulating Standard and general notes on the plans, and this Windward Pointe Lot and Building Parameters document, this document shall govern. 23201268-20231020-PREL2_converted 10/26/2023 @ 12:00 am MUSKEGON LAKE NOTE: AT THE DEVELOPER’S DISCRETION, THE EXISTING POND MAY CONNECT TO MUSKEGON LAKE (I.E. LAND BERM REMOVED) SUBJECT TO E.G.L.E. AND A.C.E. APPROVAL 16 16 19 2 2 16 3 TRANSIENT/VISITOR DO POTENTIAL CRUISE SH CKING 3 IP DOCKING (AT THE 27 PIER 1 DISCRETION OF DEVE LOPER) 17 WATER TAXI PICK-UP TRANSIENT/VISITO R DOCKING 16 M42 M43 M44 22 M41 M45 M46 M47 M48 4 60’ SLIPS 16 23 3 M20 M19 M21 M40 M49 PIER 2 24 12 3 M50 E 50’ SLIPS 3 M22 M39 S PHA 13 M18 M2 PIER 3 M1 3 M51 2 M23 M38 M17 M3 16 A21 45’ SLIPS 4 A22 A20 M52 M24 17 M37 5 A19 R16- M16 2 PIER 4 7 M4 E M53 5 S 0-1 M25 1 M36 A 8-2 R1 H 40’ SLIPS M8 R1 P R1-3 R4-6 M5 M9 R7-9 M15 3 5 1 2-2 PIER 5 M6 18 M7 M26 M35 M54 R2 R34-35 R30-33 R2 M10 A16 6-29 8 E M14 A17 A18 S PHA 50’ SLIPS M11 4 M27 M34 M55 29 M13 E M12 S 12 15 21 28 P H A MU4 MU3 A7 3 310 7 E A6 M28 M56 S 11 A5 18 M33 A 20 H 25 9 9 A15 A14 17 A13 P 5 A12 4 3 M57 MU1 MU2 M29 M32 A1 A2 6 A3 M30 M31 A4 14 18 A8 A9 7 A10 26 1 A11 18 LAKESHORE DRIVE 1 ET 1 26 RE LAURUE STREET LINCOLN STREET SHERIN STREET LEBOEUF STREET K ST AR M DEN HARRISON AVENUE LEGEND SUMMARY OF LAND USE SITE REGULATING STANDARDS GENERAL NOTES 1. SPEED LIMITS THROUGHOUT THE PROPOSED DEVELOPMENT WILL BE A MAXIMUM OF 15 MPH. 1 SITE ENTRANCE 10 IN-OUT DRY BOAT STORAGE (155’ X 720’ BUILDING STAGING SLIPS FOR IN/OUT SERVICE AND GAS DOCK / SITE LOCATION: 2400 & 2850 LAKESHORE DR. MUSKEGON, MICHIGAN MULTIPLE FAMILY BUILDINGS [A1-A22] ALIGNED LOTS [34’ X 150’ TYP.] 2. TYPICAL STREET TREE SPACING WILL BE 35 FT. TO 45 FT. ON CENTER, DEPENDING ON SPECIES AND SITE CONSTRAINTS (E.G. CONFLICTS WITH WITH APPROXIMATELY 350 STORAGE SPACES) 21 PUMP OUT DOCK 1. ALLOWABLE USES: MULTIPLE FAMILY DWELLINGS (APARTMENTS OF CONDOMINIUMS), 1. ALLOWABLE USES: DETACHED SINGLE FAMILY DWELLING UTILITIES, STREET LIGHTS, DRIVEWAYS, ETC.) SITE AREA = 122.94 AC. SENIOR LIVING FACILITY, AND PERMITTED USES WITHIN THE B-2 DISTRICT AT GROUND 2. MAXIMUM BUILDING HEIGHT = 3 STORIES PLUS BASEMENT 3. WAYFINDING SIGNAGE WILL BE STRATEGICALLY PLACED THROUGHOUT THE DEVELOPMENT TO DIRECT PEDESTRIANS TO SITE FEATURES FLOOR OF BUILDINGS A1-A4 3. SETBACKS 2 SINGLE FAMILY STAGGERED LOT (26’-22’ X 205’ TYP.) - 11 MARINA RESTROOMS EXISTING ZONING = I-2 (GENERAL INDUSTRIAL) 2. MAXIMUM BUILDING HEIGHT = 6 STORIES OR 90 FT., WHICHEVER IS LESS FRONT YARD = 22 FT. MIN. INCLUDING KAYAK LAUNCHES, NATURAL FEATURES, TRAILS, FISHING PLATFORMS, PARKS, CLUBHOUSES, BIKE PATHS, RETAIL CORRIDOR(S), DOG MAY BE COMBINED TO CREATE LARGER WATERFRONT 22 FENCED DOG PARK AND POLLINATOR GARDEN AREA 3. MINIMUM BUILDING TO BUILDING SEPARATION [FOUNDATION WALL TO FOUNDATION SIDE YARD = 5 FT. MIN. 4. PARKS, ETC. OUTDOOR ENTERTAINMENT AT THE RESTAURANT AND OTHER PUBLIC SPACES WILL BE ALLOWED BETWEEN THE HOURS OF 10 A.M. AND 11 P.M AND LOTS PROPOSED ZONING = PUD (PLANNED UNIT DEVELOPMENT) WALL] = 25 FT. REAR YARD = 15 FT. MIN. FROM O.H.W.M. 12 CLUBHOUSES WITH POOLS AND SPORT COURTS 4. MINIMUM DISTANCE TO AJACENT ROADS (EXCLUDES PARKING DRIVE AISLES) = 25 FT. 5. NOT PERMITTED BETWEEN 11PM AND 10AM. THERE WILL BE NO GATES OR FENCES WITHIN THE DEVELOPMENT EXCEPT FOR PIERS 2, 3, 4, AND 5; DOG PARKS; SPORT COURTS; PLAYGROUNDS, 23 PLAYGROUND PROPOSED DWELLINGS STAGGERED LOTS [22’-26’ X 205’ TYP.] POOLS; DUMPSTER ENCLOSURES; AND ABOVE GROUND UTILITY SCREENING. 3 SINGLE FAMILY ALIGNED LOT (34’ X 150’ TYP.) - MAY BE 26’/22’X205’ LOTS = 108 DWELLINGS ROWHOUSES [R1-R35] 1. ALLOWABLE USES: DETACHED SINGLE FAMILY DWELLING 6. ALL PUBLIC AMENITY AREAS WILL BE OWNED AND MAINTAINED BY THE DEVELOPMENT ASSOCIATION IN PERPETUITY AS A MEANS OF MAINTAINING A COMBINED TO CREATE LARGER WATERFRONT LOTS CLUBHOUSE WITH RESTAURANT,EVENT SPACE, 34’X150’ LOTS = 115 DWELLINGS 1. ALLOWABLE USES: ATTACHED SINGLE FAMILY DWELLINGS 2. MAXIMUM BUILDING HEIGHT = 3 STORIES PLUS BASEMENT 13 POOL, AND PUBLIC RESTROOMS WOODLAND PRESERVATION AREA AND ON-LEASH DOG “MANSION” LOT DWELLINGS = UP TO 684 DWELLINGS (57 BLDGS) 2. MAXIMUM BUILDING HEIGHT = 3 STORIES OR 50 FT., WHICHEVER IS LESS 3. SETBACKS HIGH LEVEL OF CARE AND LESSENING THE BURDEN ON PUBLICLY FUNDED CITY AGENCIES. 24 PARK MULTIPLE-FAMILY APTS/CONDOS = UP TO 1,320 DWELLINGS (22 BLDGS) 3. MINIMUM BUILDING TO BUILDING SEPARATION [FOUNDATION WALL TO FOUNDATION FRONT YARD = 22 FT. MIN. 7. FINAL DUMPSTER ENCLOSURE LOCATIONS SHALL BE REVIEWED AND APPROVED BY CITY OF MUSKEGON STAFF. 8. SNOW SHALL BE STORED IN DESIGNATED AREAS, AS SPECIFIED BY CITY OF MUSKEGON MAINTENANCE PERSONNEL OR REMOVED FROM THE SITE 10-12 UNIT FRONT-LOADED CONDO OR APARTMENT 18’ X 40’ TOWNHOMES = 35 UNITS (10 BLDGS) WALL] = 16 FT. SIDE YARD = 0 FT. MIN. 4 MIXED-USE APARTMENTS = 55 DWELLINGS (4 BLDGS) 4. MINIMUM DISTANCES TO ADJACENT ROAD OR SIDEWALK = 10 FT. REAR YARD = 15 FT. MIN. FROM O.H.W.M. AS NEEDED. “MANSION” LOTS (100’ X 150’ TYP.) 14 RETAIL BUILDING 9. BIKE PARKING SHALL BE PROVIDED AT RETAIL CORRIDOR(S), CLUBHOUSES, AND VARIOUS PUBIC SPACES THROUGHOUT THE DEVELOPMENT. FINAL 25 FUTURE RESTAURANT PROPOSED DENSITY = 18.8 D.U./AC. FRONT-LOADED MANSION LOTS [M1-M20 & M41-M57] CLUBHOUSE [SITE FEATURES 12 AND 13 ON THE PLAN] LOCATIONS AND DESIGN OF BIKE PARKING FACILITIES TO BE COORDINATED WITH CITY OF MUSKEGON STAFF. 10. PROPOSED LIGHTING SHALL CONSIST OF WALL-MOUNTED LIGHTS AND LIGHT POLES BOTH FITTED WITH DOWN CAST TYPE FIXTURES TO BE 1. ALLOWABLE USES: MULTIPLE FAMILY DWELLING 1. ALLOWABLE USES: COMMUNITY CENTER; EVENT CENTER RECREATION CENTER; 5 10-12 UNIT REAR-LOADED CONDO OR APARTMENT 15 PUBLIC NATURE VIEW BOARDWALK RETAIL/OFFICE SPACE (MU1-MU4) = 42,780 SQ.FT. 2. MAXIMUM BUILDING HEIGHT = 5 STORIES OR 80 FT., WHICHEVER IS LESS RESTAURANT, COCKTAIL LOUNGE, AND BREWPUB; AND MUSIC VENUE (INDOOR AND SPECIFIED BY LIGHTING CONSULTANT. LIGHTING SHALL BE COORIDNATED WITH CITY STAFF TO CLUSTER IN DESIRED HIGH TRAFFIC PUBLIC AREAS. “MANSION” LOTS (100’ X 115’ TYP.) TRAFFIC CALMING STREET TREATMENTS (E.G. ALL LIGHTING SHALL BE SHIELDED FROM ADJACENT PROPERTIES. (NOT INLCUDING FUTURE IMPROVEMENTS) 3. SETBACKS OUTDOOR) 11. GROUND FLOOR LEVELS OF BUILDINGS A1-A4 ARE INTENDED TO BE REPURPOSED AS ADDITIONAL RETAIL OR OFFICE SPACE AS NEEDED PER 26 ROUNDABOUT, SIGNALIZED BIKE CROSSING) TO BE FRONT YARD = 22 FT. MIN. (15 FT. MIN. ON SECONDARY FRONT YARD OF CORNER 2. MAXIMUM BUILDING HEIGHT = 3 STORIES OR 50 FT., WHICHEVER IS LESS MARKET CONDITIONS. THE CONVERSION OF GROUND FLOOR USES WILL BEGIN AT BUILDING A1 AND EXTEND TO THE EAST SEQUENTIALLY ENDING PUBLIC PARKLET WITH WATERFRONT ACCESS AND COORDINATED WITH CITY OF MUSKEGON 3. MINIMUM DISTANCE TO OHWM = 15 FT. 4 TO 6-STORY APARTMENT OR CONDO BUILDING WITH 16 FISHING DOCK BOAT STORAGE = 111,600 SQ.FT. (350 SPACES) LOTS) SIDE YARD = 5 FT. MIN. 4. MINIMUM DISTANCE FROM ADJACENT LOT LINES = 15 FT. AT BUILDING A4. 12. AREAS P7 AND P8 WILL NOT ALLOW FOR FISHING IF ADJACENT WATERS ARE FOUND TO BE UNSUITABLE BY ENVIRONMENTAL SPECIALISTS. 6 GROUND FLOOR PARKING OR POSSIBLE FUTURE BOAT DOCKING SPACES = 251 REAR YARD = 15 FT. MIN. 13. TOPOGRAPHICAL REQUIREMENT PER 2101.3.E, EXISTING TOPOGRAPHY IS DEPICTED WITH CONTOURS AT 1-FT INTERVALS ON THE EXISTING GROUND FLOOR RETAIL [BUILDINGS A1-A4] BREAK WALL/WAVE ATTENUATOR WITH PUBLIC WALKING 118’ SLIP = 1 SLIP MIXED USE [MU1-MU4] CONDITIONS PLAN. FINAL TOPOGRAPHIC CHANGES SHALL BE IN COMPLIANCE WITH EGLE DUE CARE PLAN CRITERIA. AREAS OF FILL MUST BE 17 PUBLIC PARKLET WITH BOARDWALK, FISHING PATH, FISHING PLATFORM AND TRANSIENT/VISITOR/ 103’ SLIP = 1 SLIP REAR-LOADED MANSION LOTS [M21-M40] 1. ALLOWABLE USES: GROUND FLOOR - PERMITTED USES IN THE B-2 DISTRICT, UPPER LEVELS COMPACTED TO DENSITY SPECIFIED BY GEOTECH CONSULTANT. PLATFORM, AND KAYAK LAUNCH 27 SHOPPER DOCKING ON NORTH AND SOUTH SIDES OF 98’ SLIP = 1 SLIP 1. ALLOWABLE USES: MULTIPLE FAMILY DWELLING - MULTIPLE FAMILY DWELLINGS 14. THE PROJECT WILL BE SERVED BY PUBLIC WATERMAIN, PUBLIC SANITARY SEWER, AND PUBLIC AND PRIVATE STORMWATER MANAGEMENT 4 TO 6-STORY APARTMENT OR CONDO BUILDING WITH 93’ SLIPS = 1 SLIP 2. MAXIMUM BUILDING HEIGHT = 5 STORIES OR 80 FT., WHICHEVER IS LESS 2. MAXIMUM BUILDING HEIGHT = 3 STORIES OR 50 FT., WHICHEVER IS LESS PIER SYSTEMS. WATERMAIN, SANITARY SEWER, AND STORMWATER MANAGEMENT MEASURES SHALL MEET CITY, COUNTY, AND STATE OF MICHIGAN 7 GROUND FLOOR PARKING [BUILDINGS A5-A22] 60’ SLIPS = 24 SLIPS 3. SETBACKS 3. MINIMUM DISTANCE FROM ADJACENT LOT LINES = 15 FT. REQUIREMENTS. “DRY UTILITIES,” WHICH INCLUDE ELECTRIC SERVICE, TELECOMMUNICATIONS, AND NATURAL GAS, WILL BE WILL BE INSTALLED 50’ SLIPS = 77 SLIPS FRONT YARD = 12 FT. TO 20 FT. MIN. BUILD-TO-LINE (15 FT. MIN. SETBACK ON 18 MULTI-MODAL TRAIL CONNECTOR 45’ SLIPS = 54 SLIPS SECONDARY FRONT YARD OF CORNER LOTS) BOAT STORAGE BUILDING 15. UNDERGROUND AND WILL BE PROVIDED TO EACH SITE. A TRAFFIC STUDY SHALL BE CONDUCTED AND REVIEWED BY THE PUBLIC WORKS DIRECTOR PRIOR TO CONSTRUCTION. POSSIBLE FUTURE 1 TO 3-STORY RETAIL/OFFICE STACK, 40’ SLIPS = 56 SLIPS SIDE YARD = 5 FT. MIN. 1. ALLOWABLE USES: BOAT STORAGE AND SIMILAR OR ACCESSORY USE, PREMITTED USES 8 REAR LOAD ROWHOUSES (18’ X 40’ TYP.) [R1-R35] 28 WHICH MAY INCLUDE COFFEE SHOP, SANDWICH SHOP, TRANSIENT/VISITOR/SHOPPER DOCKING SPACES = 1400 LINEAR FEET REAR YARD = 1 FT. MIN. WITHIN THE B-2 DISTRICT 16. 17. A STORMWATER PERMIT SHALL BE OBTAINED FROM THE ENGINEERING DEPARTMENT PRIOR TO CONSTRUCTION. A LANDSCAPE MANAGEMENT PLAN FOR A NATIVE VEGETATION PLANTING ZONE AROUND THE WATERFRONT HOMES, PATHS AND PATIOS WITHIN 30 19 POOL AND RESTROOM BUILDING FOR WINDWARD CONVENIENCE STORE, SHIP STORE, MARINA OFFICE, AND/ 2. MAXIMUM BUILDING HEIGHT = 50 FT. FEET OF THE O.HW.M. SHALL BE SUBMITTED BY THE DEVELOPER AND APPROVED BY THE PUBLIC WORKS DIRECTOR. POINTE RESIDENTS OR ROOFTOP DECK. 18. A PROPOSED UTILITIES PLAN SHALL SUBMITTED TO AND APPROVED BY THE PUBLIC WORKS DIRECTOR PRIOR TO CONSTRUCTION. MIXED-USE BUILDING (GROUND FLOOR RETAIL, 9 APARTMENTS ABOVE) [MU1-MU4] 19. ALL MARINA SLIPS WILL HAVE FIRE ACCESS. 20. ALL APPLICABLE CITY, STATE, AND FEDERAL PERMITS SHALL BE GRANTED PRIOR TO CONSTRUCTION OF IMPACTED SITE FEATURES. 20 BOAT HOIST/WASH STATION AREA 29 GAS DOCK AND SERVICE OFFICE October 26, 2023 North 0’ 75’ 150’ 300’ Scale: 1”=150’ WINDWARD POINTE FINAL PUD PLAN - PHASING PLAN project number: 23201268 23201268-20231020-PREL2_converted 10/26/2023 @ 12:00 am MUSKEGON LAKE NOTE: AT THE DEVELOPER’S DISCRETION, THE EXISTING POND MAY CONNECT TO MUSKEGON LAKE (I.E. LAND BERM REMOVED) SUBJECT TO E.G.L.E. AND A.C.E. APPROVAL P7 16 16 P8 P9 19 2 2 16 3 P2 TRANSIENT/VISITO R DOCKING 3 P6 POTENTIAL CRUISE SHIP DOCKING (AT 27 PIER 1 DISCRETION OF DE THE 17 VELOPER) P12 WATER TAXI PICK-UP TRANSIENT/VISITO R DOCKING 16 M42 M43 M44 M41 M45 P10 22 M46 M47 4 M48 60’ SLIPS 16 23 P3 3 P4 P11 M20 M19 M21 M40 M49 PIER 2 24 12 3 M22 M50 50’ SLIPS 3 M39 13 M18 M2 PIER 3 M1 3 P5 M23 M38 M51 M17 M3 16 A21 45’ SLIPS 4 A22 A20 M52 M24 17 M37 5 A19 R16- PIER 4 M4 M16 7 M53 2 P13 5 0-1 M25 1 M36 8-2 R1 40’ SLIPS M8 R1 R1-3 R4-6 M5 M9 R7-9 M15 3 5 2-2 PIER 5 M6 18 M7 M26 M35 M54 R2 R34-35 R30-33 R2 M10 A16 6-29 8 M14 A17 A18 50’ SLIPS M11 4 M27 M34 M55 29 M13 M12 15 12 21 MU4 MU3 28 P1 A7 10 7 A6 M28 M56 P14 11 A5 18 M33 20 A15 A14 17 25 9 9 5 A13 A12 4 M57 MU1 MU2 M29 M32 A1 A2 6 A3 M30 M31 A4 14 P15 18 A8 A9 7 A10 26 1 A11 P15 18 1 LAKESHORE DRIVE ET 1 26 RE LAURUE STREET SHERIN STREET LEBOEUF STREET LINCOLN STREET K ST AR M DEN HARRISON AVENUE LEGEND SUMMARY OF LAND USE SITE REGULATING STANDARDS GENERAL NOTES 1. SPEED LIMITS THROUGHOUT THE PROPOSED DEVELOPMENT WILL BE A MAXIMUM OF 15 MPH. 1 SITE ENTRANCE 10 IN-OUT DRY BOAT STORAGE (155’ X 720’ BUILDING STAGING SLIPS FOR IN/OUT SERVICE AND GAS DOCK / SITE LOCATION: 2400 & 2850 LAKESHORE DR. MUSKEGON, MICHIGAN MULTIPLE FAMILY BUILDINGS [A1-A22] ALIGNED LOTS [34’ X 150’ TYP.] 2. TYPICAL STREET TREE SPACING WILL BE 35 FT. TO 45 FT. ON CENTER, DEPENDING ON SPECIES AND SITE CONSTRAINTS (E.G. CONFLICTS WITH WITH APPROXIMATELY 350 STORAGE SPACES) 21 PUMP OUT DOCK 1. ALLOWABLE USES: MULTIPLE FAMILY DWELLINGS (APARTMENTS OF CONDOMINIUMS), 1. ALLOWABLE USES: DETACHED SINGLE FAMILY DWELLING UTILITIES, STREET LIGHTS, DRIVEWAYS, ETC.) SITE AREA = 122.94 AC. SENIOR LIVING FACILITY, AND PERMITTED USES WITHIN THE B-2 DISTRICT AT GROUND 2. MAXIMUM BUILDING HEIGHT = 3 STORIES PLUS BASEMENT 3. WAYFINDING SIGNAGE WILL BE STRATEGICALLY PLACED THROUGHOUT THE DEVELOPMENT TO DIRECT PEDESTRIANS TO SITE FEATURES FLOOR OF BUILDINGS A1-A4 3. SETBACKS 2 SINGLE FAMILY STAGGERED LOT (26’-22’ X 205’ TYP.) - 11 MARINA RESTROOMS EXISTING ZONING = I-2 (GENERAL INDUSTRIAL) 2. MAXIMUM BUILDING HEIGHT = 6 STORIES OR 90 FT., WHICHEVER IS LESS FRONT YARD = 22 FT. MIN. INCLUDING KAYAK LAUNCHES, NATURAL FEATURES, TRAILS, FISHING PLATFORMS, PARKS, CLUBHOUSES, BIKE PATHS, RETAIL CORRIDOR(S), DOG MAY BE COMBINED TO CREATE LARGER WATERFRONT 22 FENCED DOG PARK AND POLLINATOR GARDEN AREA 3. MINIMUM BUILDING TO BUILDING SEPARATION [FOUNDATION WALL TO FOUNDATION SIDE YARD = 5 FT. MIN. 4. PARKS, ETC. OUTDOOR ENTERTAINMENT AT THE RESTAURANT AND OTHER PUBLIC SPACES WILL BE ALLOWED BETWEEN THE HOURS OF 10 A.M. AND 11 P.M AND LOTS PROPOSED ZONING = PUD (PLANNED UNIT DEVELOPMENT) WALL] = 25 FT. REAR YARD = 15 FT. MIN. FROM O.H.W.M. 12 CLUBHOUSES WITH POOLS AND SPORT COURTS 4. MINIMUM DISTANCE TO AJACENT ROADS (EXCLUDES PARKING DRIVE AISLES) = 25 FT. 5. NOT PERMITTED BETWEEN 11PM AND 10AM. THERE WILL BE NO GATES OR FENCES WITHIN THE DEVELOPMENT EXCEPT FOR PIERS 2, 3, 4, AND 5; DOG PARKS; SPORT COURTS; PLAYGROUNDS, 23 PLAYGROUND PROPOSED DWELLINGS STAGGERED LOTS [22’-26’ X 205’ TYP.] POOLS; DUMPSTER ENCLOSURES; AND ABOVE GROUND UTILITY SCREENING. 3 SINGLE FAMILY ALIGNED LOT (34’ X 150’ TYP.) - MAY BE 26’/22’X205’ LOTS = 108 DWELLINGS ROWHOUSES [R1-R35] 1. ALLOWABLE USES: DETACHED SINGLE FAMILY DWELLING 6. ALL PUBLIC AMENITY AREAS WILL BE OWNED AND MAINTAINED BY THE DEVELOPMENT ASSOCIATION IN PERPETUITY AS A MEANS OF MAINTAINING A COMBINED TO CREATE LARGER WATERFRONT LOTS CLUBHOUSE WITH RESTAURANT,EVENT SPACE, 34’X150’ LOTS = 115 DWELLINGS 1. ALLOWABLE USES: ATTACHED SINGLE FAMILY DWELLINGS 2. MAXIMUM BUILDING HEIGHT = 3 STORIES PLUS BASEMENT 13 POOL, AND PUBLIC RESTROOMS WOODLAND PRESERVATION AREA AND ON-LEASH DOG “MANSION” LOT DWELLINGS = UP TO 684 DWELLINGS (57 BLDGS) 2. MAXIMUM BUILDING HEIGHT = 3 STORIES OR 50 FT., WHICHEVER IS LESS 3. SETBACKS HIGH LEVEL OF CARE AND LESSENING THE BURDEN ON PUBLICLY FUNDED CITY AGENCIES. 24 PARK MULTIPLE-FAMILY APTS/CONDOS = UP TO 1,320 DWELLINGS (22 BLDGS) 3. MINIMUM BUILDING TO BUILDING SEPARATION [FOUNDATION WALL TO FOUNDATION FRONT YARD = 22 FT. MIN. 7. FINAL DUMPSTER ENCLOSURE LOCATIONS SHALL BE REVIEWED AND APPROVED BY CITY OF MUSKEGON STAFF. 8. SNOW SHALL BE STORED IN DESIGNATED AREAS, AS SPECIFIED BY CITY OF MUSKEGON MAINTENANCE PERSONNEL OR REMOVED FROM THE SITE 10-12 UNIT FRONT-LOADED CONDO OR APARTMENT 18’ X 40’ TOWNHOMES = 35 UNITS (10 BLDGS) WALL] = 16 FT. SIDE YARD = 0 FT. MIN. 4 MIXED-USE APARTMENTS = 55 DWELLINGS (4 BLDGS) 4. MINIMUM DISTANCES TO ADJACENT ROAD OR SIDEWALK = 10 FT. REAR YARD = 15 FT. MIN. FROM O.H.W.M. AS NEEDED. “MANSION” LOTS (100’ X 150’ TYP.) 14 RETAIL BUILDING 9. BIKE PARKING SHALL BE PROVIDED AT RETAIL CORRIDOR(S), CLUBHOUSES, AND VARIOUS PUBIC SPACES THROUGHOUT THE DEVELOPMENT. FINAL 25 FUTURE RESTAURANT PROPOSED DENSITY = 18.8 D.U./AC. FRONT-LOADED MANSION LOTS [M1-M20 & M41-M57] CLUBHOUSE [SITE FEATURES 12 AND 13 ON THE PLAN] LOCATIONS AND DESIGN OF BIKE PARKING FACILITIES TO BE COORDINATED WITH CITY OF MUSKEGON STAFF. 10. PROPOSED LIGHTING SHALL CONSIST OF WALL-MOUNTED LIGHTS AND LIGHT POLES BOTH FITTED WITH DOWN CAST TYPE FIXTURES TO BE 1. ALLOWABLE USES: MULTIPLE FAMILY DWELLING 1. ALLOWABLE USES: COMMUNITY CENTER; EVENT CENTER RECREATION CENTER; 5 10-12 UNIT REAR-LOADED CONDO OR APARTMENT 15 PUBLIC NATURE VIEW BOARDWALK RETAIL/OFFICE SPACE (MU1-MU4) = 42,780 SQ.FT. 2. MAXIMUM BUILDING HEIGHT = 5 STORIES OR 80 FT., WHICHEVER IS LESS RESTAURANT, COCKTAIL LOUNGE, AND BREWPUB; AND MUSIC VENUE (INDOOR AND SPECIFIED BY LIGHTING CONSULTANT. LIGHTING SHALL BE COORIDNATED WITH CITY STAFF TO CLUSTER IN DESIRED HIGH TRAFFIC PUBLIC AREAS. “MANSION” LOTS (100’ X 115’ TYP.) TRAFFIC CALMING STREET TREATMENTS (E.G. ALL LIGHTING SHALL BE SHIELDED FROM ADJACENT PROPERTIES. (NOT INLCUDING FUTURE IMPROVEMENTS) 3. SETBACKS OUTDOOR) 11. GROUND FLOOR LEVELS OF BUILDINGS A1-A4 ARE INTENDED TO BE REPURPOSED AS ADDITIONAL RETAIL OR OFFICE SPACE AS NEEDED PER 26 ROUNDABOUT, SIGNALIZED BIKE CROSSING) TO BE FRONT YARD = 22 FT. MIN. (15 FT. MIN. ON SECONDARY FRONT YARD OF CORNER 2. MAXIMUM BUILDING HEIGHT = 3 STORIES OR 50 FT., WHICHEVER IS LESS MARKET CONDITIONS. THE CONVERSION OF GROUND FLOOR USES WILL BEGIN AT BUILDING A1 AND EXTEND TO THE EAST SEQUENTIALLY ENDING PUBLIC PARKLET WITH WATERFRONT ACCESS AND COORDINATED WITH CITY OF MUSKEGON 3. MINIMUM DISTANCE TO OHWM = 15 FT. 4 TO 6-STORY APARTMENT OR CONDO BUILDING WITH 16 FISHING DOCK BOAT STORAGE = 111,600 SQ.FT. (350 SPACES) LOTS) SIDE YARD = 5 FT. MIN. 4. MINIMUM DISTANCE FROM ADJACENT LOT LINES = 15 FT. AT BUILDING A4. 12. AREAS P7 AND P8 WILL NOT ALLOW FOR FISHING IF ADJACENT WATERS ARE FOUND TO BE UNSUITABLE BY ENVIRONMENTAL SPECIALISTS. 6 GROUND FLOOR PARKING OR POSSIBLE FUTURE BOAT DOCKING SPACES = 251 REAR YARD = 15 FT. MIN. 13. TOPOGRAPHICAL REQUIREMENT PER 2101.3.E, EXISTING TOPOGRAPHY IS DEPICTED WITH CONTOURS AT 1-FT INTERVALS ON THE EXISTING GROUND FLOOR RETAIL [BUILDINGS A1-A4] BREAK WALL/WAVE ATTENUATOR WITH PUBLIC WALKING 118’ SLIP = 1 SLIP MIXED USE [MU1-MU4] CONDITIONS PLAN. FINAL TOPOGRAPHIC CHANGES SHALL BE IN COMPLIANCE WITH EGLE DUE CARE PLAN CRITERIA. AREAS OF FILL MUST BE 17 PUBLIC PARKLET WITH BOARDWALK, FISHING PATH, FISHING PLATFORM AND TRANSIENT/VISITOR/ 103’ SLIP = 1 SLIP REAR-LOADED MANSION LOTS [M21-M40] 1. ALLOWABLE USES: GROUND FLOOR - PERMITTED USES IN THE B-2 DISTRICT, UPPER LEVELS COMPACTED TO DENSITY SPECIFIED BY GEOTECH CONSULTANT. PLATFORM, AND KAYAK LAUNCH 27 SHOPPER DOCKING ON NORTH AND SOUTH SIDES OF 98’ SLIP = 1 SLIP 1. ALLOWABLE USES: MULTIPLE FAMILY DWELLING - MULTIPLE FAMILY DWELLINGS 14. THE PROJECT WILL BE SERVED BY PUBLIC WATERMAIN, PUBLIC SANITARY SEWER, AND PUBLIC AND PRIVATE STORMWATER MANAGEMENT 4 TO 6-STORY APARTMENT OR CONDO BUILDING WITH 93’ SLIPS = 1 SLIP 2. MAXIMUM BUILDING HEIGHT = 5 STORIES OR 80 FT., WHICHEVER IS LESS 2. MAXIMUM BUILDING HEIGHT = 3 STORIES OR 50 FT., WHICHEVER IS LESS PIER SYSTEMS. WATERMAIN, SANITARY SEWER, AND STORMWATER MANAGEMENT MEASURES SHALL MEET CITY, COUNTY, AND STATE OF MICHIGAN 7 GROUND FLOOR PARKING [BUILDINGS A5-A22] 60’ SLIPS = 24 SLIPS 3. SETBACKS 3. MINIMUM DISTANCE FROM ADJACENT LOT LINES = 15 FT. REQUIREMENTS. “DRY UTILITIES,” WHICH INCLUDE ELECTRIC SERVICE, TELECOMMUNICATIONS, AND NATURAL GAS, WILL BE WILL BE INSTALLED 50’ SLIPS = 77 SLIPS FRONT YARD = 12 FT. TO 20 FT. MIN. BUILD-TO-LINE (15 FT. MIN. SETBACK ON 18 MULTI-MODAL TRAIL CONNECTOR 45’ SLIPS = 54 SLIPS SECONDARY FRONT YARD OF CORNER LOTS) BOAT STORAGE BUILDING 15. UNDERGROUND AND WILL BE PROVIDED TO EACH SITE. A TRAFFIC STUDY SHALL BE CONDUCTED AND REVIEWED BY THE PUBLIC WORKS DIRECTOR PRIOR TO CONSTRUCTION. POSSIBLE FUTURE 1 TO 3-STORY RETAIL/OFFICE STACK, 40’ SLIPS = 56 SLIPS SIDE YARD = 5 FT. MIN. 1. ALLOWABLE USES: BOAT STORAGE AND SIMILAR OR ACCESSORY USE, PREMITTED USES 8 REAR LOAD ROWHOUSES (18’ X 40’ TYP.) [R1-R35] 28 WHICH MAY INCLUDE COFFEE SHOP, SANDWICH SHOP, TRANSIENT/VISITOR/SHOPPER DOCKING SPACES = 1400 LINEAR FEET REAR YARD = 1 FT. MIN. WITHIN THE B-2 DISTRICT 16. 17. A STORMWATER PERMIT SHALL BE OBTAINED FROM THE ENGINEERING DEPARTMENT PRIOR TO CONSTRUCTION. A LANDSCAPE MANAGEMENT PLAN FOR A NATIVE VEGETATION PLANTING ZONE AROUND THE WATERFRONT HOMES, PATHS AND PATIOS WITHIN 30 19 POOL AND RESTROOM BUILDING FOR WINDWARD CONVENIENCE STORE, SHIP STORE, MARINA OFFICE, AND/ 2. MAXIMUM BUILDING HEIGHT = 50 FT. FEET OF THE O.HW.M. SHALL BE SUBMITTED BY THE DEVELOPER AND APPROVED BY THE PUBLIC WORKS DIRECTOR. POINTE RESIDENTS OR ROOFTOP DECK. 18. A PROPOSED UTILITIES PLAN SHALL SUBMITTED TO AND APPROVED BY THE PUBLIC WORKS DIRECTOR PRIOR TO CONSTRUCTION. MIXED-USE BUILDING (GROUND FLOOR RETAIL, 9 APARTMENTS ABOVE) [MU1-MU4] 19. ALL MARINA SLIPS WILL HAVE FIRE ACCESS. 20. ALL APPLICABLE CITY, STATE, AND FEDERAL PERMITS SHALL BE GRANTED PRIOR TO CONSTRUCTION OF IMPACTED SITE FEATURES. 20 BOAT HOIST/WASH STATION AREA 29 GAS DOCK AND SERVICE OFFICE October 26, 2023 North 0’ 75’ 150’ 300’ Scale: 1”=150’ WINDWARD POINTE FINAL PUD PLAN - PUBLIC AMENITY & PEDESTRIAN CIRCULATION EXHIBIT project number: 23201268 23201268-20231020-PREL2_converted 10/26/2023 @ 12:00 am MUSKEGON LAKE NOTE: AT THE DEVELOPER’S DISCRETION, THE EXISTING POND MAY CONNECT TO MUSKEGON LAKE (I.E. LAND BERM REMOVED) SUBJECT TO E.G.L.E. AND A.C.E. APPROVAL P7 16 16 P8 P9 19 2 2 16 3 P2 TRANSIENT/VISITO R DOCKING 3 P6 POTENTIAL CRUISE SHIP DOCKING (AT 27 PIER 1 DISCRETION OF DE THE 17 VELOPER) P12 WATER TAXI PICK-UP TRANSIENT/VISITO R DOCKING 16 M42 M43 M44 M41 M45 P10 22 M46 M47 4 M48 60’ SLIPS 16 23 P3 3 P4 P11 M20 M19 M21 M40 M49 PIER 2 24 12 3 M22 M50 50’ SLIPS 3 M39 13 M18 M2 PIER 3 M1 3 P5 M23 M38 M51 M17 M3 16 A21 45’ SLIPS 4 A22 A20 M52 M24 17 M37 5 A19 R16- PIER 4 M4 M16 7 M53 2 P13 5 0-1 M25 1 M36 8-2 R1 40’ SLIPS M8 R1 R1-3 R4-6 M5 M9 R7-9 M15 3 5 2-2 PIER 5 M6 18 M7 M26 M35 M54 R2 R34-35 R30-33 R2 M10 A16 6-29 8 M14 A17 A18 50’ SLIPS M11 4 M27 M34 M55 29 M13 M12 15 12 21 MU4 MU3 28 P1 A7 10 7 A6 M28 M56 P14 11 A5 18 M33 20 A15 A14 17 25 9 9 5 A13 A12 4 M57 MU1 MU2 M29 M32 A1 A2 6 A3 M30 M31 A4 14 P15 18 A8 A9 7 A10 26 1 A11 P15 18 1 LAKESHORE DRIVE ET 1 26 RE LAURUE STREET SHERIN STREET LEBOEUF STREET LINCOLN STREET K ST AR M DEN HARRISON AVENUE LEGEND SUMMARY OF LAND USE SITE REGULATING STANDARDS GENERAL NOTES 1. SPEED LIMITS THROUGHOUT THE PROPOSED DEVELOPMENT WILL BE A MAXIMUM OF 15 MPH. 1 SITE ENTRANCE 10 IN-OUT DRY BOAT STORAGE (155’ X 720’ BUILDING STAGING SLIPS FOR IN/OUT SERVICE AND GAS DOCK / SITE LOCATION: 2400 & 2850 LAKESHORE DR. MUSKEGON, MICHIGAN MULTIPLE FAMILY BUILDINGS [A1-A22] ALIGNED LOTS [34’ X 150’ TYP.] 2. TYPICAL STREET TREE SPACING WILL BE 35 FT. TO 45 FT. ON CENTER, DEPENDING ON SPECIES AND SITE CONSTRAINTS (E.G. CONFLICTS WITH WITH APPROXIMATELY 350 STORAGE SPACES) 21 PUMP OUT DOCK 1. ALLOWABLE USES: MULTIPLE FAMILY DWELLINGS (APARTMENTS OF CONDOMINIUMS), 1. ALLOWABLE USES: DETACHED SINGLE FAMILY DWELLING UTILITIES, STREET LIGHTS, DRIVEWAYS, ETC.) SITE AREA = 122.94 AC. SENIOR LIVING FACILITY, AND PERMITTED USES WITHIN THE B-2 DISTRICT AT GROUND 2. MAXIMUM BUILDING HEIGHT = 3 STORIES PLUS BASEMENT 3. WAYFINDING SIGNAGE WILL BE STRATEGICALLY PLACED THROUGHOUT THE DEVELOPMENT TO DIRECT PEDESTRIANS TO SITE FEATURES FLOOR OF BUILDINGS A1-A4 3. SETBACKS 2 SINGLE FAMILY STAGGERED LOT (26’-22’ X 205’ TYP.) - 11 MARINA RESTROOMS EXISTING ZONING = I-2 (GENERAL INDUSTRIAL) 2. MAXIMUM BUILDING HEIGHT = 6 STORIES OR 90 FT., WHICHEVER IS LESS FRONT YARD = 22 FT. MIN. INCLUDING KAYAK LAUNCHES, NATURAL FEATURES, TRAILS, FISHING PLATFORMS, PARKS, CLUBHOUSES, BIKE PATHS, RETAIL CORRIDOR(S), DOG MAY BE COMBINED TO CREATE LARGER WATERFRONT 22 FENCED DOG PARK AND POLLINATOR GARDEN AREA 3. MINIMUM BUILDING TO BUILDING SEPARATION [FOUNDATION WALL TO FOUNDATION SIDE YARD = 5 FT. MIN. 4. PARKS, ETC. OUTDOOR ENTERTAINMENT AT THE RESTAURANT AND OTHER PUBLIC SPACES WILL BE ALLOWED BETWEEN THE HOURS OF 10 A.M. AND 11 P.M AND LOTS PROPOSED ZONING = PUD (PLANNED UNIT DEVELOPMENT) WALL] = 25 FT. REAR YARD = 15 FT. MIN. FROM O.H.W.M. 12 CLUBHOUSES WITH POOLS AND SPORT COURTS 4. MINIMUM DISTANCE TO AJACENT ROADS (EXCLUDES PARKING DRIVE AISLES) = 25 FT. 5. NOT PERMITTED BETWEEN 11PM AND 10AM. THERE WILL BE NO GATES OR FENCES WITHIN THE DEVELOPMENT EXCEPT FOR PIERS 2, 3, 4, AND 5; DOG PARKS; SPORT COURTS; PLAYGROUNDS, 23 PLAYGROUND PROPOSED DWELLINGS STAGGERED LOTS [22’-26’ X 205’ TYP.] POOLS; DUMPSTER ENCLOSURES; AND ABOVE GROUND UTILITY SCREENING. 3 SINGLE FAMILY ALIGNED LOT (34’ X 150’ TYP.) - MAY BE 26’/22’X205’ LOTS = 108 DWELLINGS ROWHOUSES [R1-R35] 1. ALLOWABLE USES: DETACHED SINGLE FAMILY DWELLING 6. ALL PUBLIC AMENITY AREAS WILL BE OWNED AND MAINTAINED BY THE DEVELOPMENT ASSOCIATION IN PERPETUITY AS A MEANS OF MAINTAINING A COMBINED TO CREATE LARGER WATERFRONT LOTS CLUBHOUSE WITH RESTAURANT,EVENT SPACE, 34’X150’ LOTS = 115 DWELLINGS 1. ALLOWABLE USES: ATTACHED SINGLE FAMILY DWELLINGS 2. MAXIMUM BUILDING HEIGHT = 3 STORIES PLUS BASEMENT 13 POOL, AND PUBLIC RESTROOMS WOODLAND PRESERVATION AREA AND ON-LEASH DOG “MANSION” LOT DWELLINGS = UP TO 684 DWELLINGS (57 BLDGS) 2. MAXIMUM BUILDING HEIGHT = 3 STORIES OR 50 FT., WHICHEVER IS LESS 3. SETBACKS HIGH LEVEL OF CARE AND LESSENING THE BURDEN ON PUBLICLY FUNDED CITY AGENCIES. 24 PARK MULTIPLE-FAMILY APTS/CONDOS = UP TO 1,320 DWELLINGS (22 BLDGS) 3. MINIMUM BUILDING TO BUILDING SEPARATION [FOUNDATION WALL TO FOUNDATION FRONT YARD = 22 FT. MIN. 7. FINAL DUMPSTER ENCLOSURE LOCATIONS SHALL BE REVIEWED AND APPROVED BY CITY OF MUSKEGON STAFF. 8. SNOW SHALL BE STORED IN DESIGNATED AREAS, AS SPECIFIED BY CITY OF MUSKEGON MAINTENANCE PERSONNEL OR REMOVED FROM THE SITE 10-12 UNIT FRONT-LOADED CONDO OR APARTMENT 18’ X 40’ TOWNHOMES = 35 UNITS (10 BLDGS) WALL] = 16 FT. SIDE YARD = 0 FT. MIN. 4 MIXED-USE APARTMENTS = 55 DWELLINGS (4 BLDGS) 4. MINIMUM DISTANCES TO ADJACENT ROAD OR SIDEWALK = 10 FT. REAR YARD = 15 FT. MIN. FROM O.H.W.M. AS NEEDED. “MANSION” LOTS (100’ X 150’ TYP.) 14 RETAIL BUILDING 9. BIKE PARKING SHALL BE PROVIDED AT RETAIL CORRIDOR(S), CLUBHOUSES, AND VARIOUS PUBIC SPACES THROUGHOUT THE DEVELOPMENT. FINAL 25 FUTURE RESTAURANT PROPOSED DENSITY = 18.8 D.U./AC. FRONT-LOADED MANSION LOTS [M1-M20 & M41-M57] CLUBHOUSE [SITE FEATURES 12 AND 13 ON THE PLAN] LOCATIONS AND DESIGN OF BIKE PARKING FACILITIES TO BE COORDINATED WITH CITY OF MUSKEGON STAFF. 10. PROPOSED LIGHTING SHALL CONSIST OF WALL-MOUNTED LIGHTS AND LIGHT POLES BOTH FITTED WITH DOWN CAST TYPE FIXTURES TO BE 1. ALLOWABLE USES: MULTIPLE FAMILY DWELLING 1. ALLOWABLE USES: COMMUNITY CENTER; EVENT CENTER RECREATION CENTER; 5 10-12 UNIT REAR-LOADED CONDO OR APARTMENT 15 PUBLIC NATURE VIEW BOARDWALK RETAIL/OFFICE SPACE (MU1-MU4) = 42,780 SQ.FT. 2. MAXIMUM BUILDING HEIGHT = 5 STORIES OR 80 FT., WHICHEVER IS LESS RESTAURANT, COCKTAIL LOUNGE, AND BREWPUB; AND MUSIC VENUE (INDOOR AND SPECIFIED BY LIGHTING CONSULTANT. LIGHTING SHALL BE COORIDNATED WITH CITY STAFF TO CLUSTER IN DESIRED HIGH TRAFFIC PUBLIC AREAS. “MANSION” LOTS (100’ X 115’ TYP.) TRAFFIC CALMING STREET TREATMENTS (E.G. ALL LIGHTING SHALL BE SHIELDED FROM ADJACENT PROPERTIES. (NOT INLCUDING FUTURE IMPROVEMENTS) 3. SETBACKS OUTDOOR) 11. GROUND FLOOR LEVELS OF BUILDINGS A1-A4 ARE INTENDED TO BE REPURPOSED AS ADDITIONAL RETAIL OR OFFICE SPACE AS NEEDED PER 26 ROUNDABOUT, SIGNALIZED BIKE CROSSING) TO BE FRONT YARD = 22 FT. MIN. (15 FT. MIN. ON SECONDARY FRONT YARD OF CORNER 2. MAXIMUM BUILDING HEIGHT = 3 STORIES OR 50 FT., WHICHEVER IS LESS MARKET CONDITIONS. THE CONVERSION OF GROUND FLOOR USES WILL BEGIN AT BUILDING A1 AND EXTEND TO THE EAST SEQUENTIALLY ENDING PUBLIC PARKLET WITH WATERFRONT ACCESS AND COORDINATED WITH CITY OF MUSKEGON 3. MINIMUM DISTANCE TO OHWM = 15 FT. 4 TO 6-STORY APARTMENT OR CONDO BUILDING WITH 16 FISHING DOCK BOAT STORAGE = 111,600 SQ.FT. (350 SPACES) LOTS) SIDE YARD = 5 FT. MIN. 4. MINIMUM DISTANCE FROM ADJACENT LOT LINES = 15 FT. AT BUILDING A4. 12. AREAS P7 AND P8 WILL NOT ALLOW FOR FISHING IF ADJACENT WATERS ARE FOUND TO BE UNSUITABLE BY ENVIRONMENTAL SPECIALISTS. 6 GROUND FLOOR PARKING OR POSSIBLE FUTURE BOAT DOCKING SPACES = 251 REAR YARD = 15 FT. MIN. 13. TOPOGRAPHICAL REQUIREMENT PER 2101.3.E, EXISTING TOPOGRAPHY IS DEPICTED WITH CONTOURS AT 1-FT INTERVALS ON THE EXISTING GROUND FLOOR RETAIL [BUILDINGS A1-A4] BREAK WALL/WAVE ATTENUATOR WITH PUBLIC WALKING 118’ SLIP = 1 SLIP MIXED USE [MU1-MU4] CONDITIONS PLAN. FINAL TOPOGRAPHIC CHANGES SHALL BE IN COMPLIANCE WITH EGLE DUE CARE PLAN CRITERIA. AREAS OF FILL MUST BE 17 PUBLIC PARKLET WITH BOARDWALK, FISHING PATH, FISHING PLATFORM AND TRANSIENT/VISITOR/ 103’ SLIP = 1 SLIP REAR-LOADED MANSION LOTS [M21-M40] 1. ALLOWABLE USES: GROUND FLOOR - PERMITTED USES IN THE B-2 DISTRICT, UPPER LEVELS COMPACTED TO DENSITY SPECIFIED BY GEOTECH CONSULTANT. PLATFORM, AND KAYAK LAUNCH 27 SHOPPER DOCKING ON NORTH AND SOUTH SIDES OF 98’ SLIP = 1 SLIP 1. ALLOWABLE USES: MULTIPLE FAMILY DWELLING - MULTIPLE FAMILY DWELLINGS 14. THE PROJECT WILL BE SERVED BY PUBLIC WATERMAIN, PUBLIC SANITARY SEWER, AND PUBLIC AND PRIVATE STORMWATER MANAGEMENT 4 TO 6-STORY APARTMENT OR CONDO BUILDING WITH 93’ SLIPS = 1 SLIP 2. MAXIMUM BUILDING HEIGHT = 5 STORIES OR 80 FT., WHICHEVER IS LESS 2. MAXIMUM BUILDING HEIGHT = 3 STORIES OR 50 FT., WHICHEVER IS LESS PIER SYSTEMS. WATERMAIN, SANITARY SEWER, AND STORMWATER MANAGEMENT MEASURES SHALL MEET CITY, COUNTY, AND STATE OF MICHIGAN 7 GROUND FLOOR PARKING [BUILDINGS A5-A22] 60’ SLIPS = 24 SLIPS 3. SETBACKS 3. MINIMUM DISTANCE FROM ADJACENT LOT LINES = 15 FT. REQUIREMENTS. “DRY UTILITIES,” WHICH INCLUDE ELECTRIC SERVICE, TELECOMMUNICATIONS, AND NATURAL GAS, WILL BE WILL BE INSTALLED 50’ SLIPS = 77 SLIPS FRONT YARD = 12 FT. TO 20 FT. MIN. BUILD-TO-LINE (15 FT. MIN. SETBACK ON 18 MULTI-MODAL TRAIL CONNECTOR 45’ SLIPS = 54 SLIPS SECONDARY FRONT YARD OF CORNER LOTS) BOAT STORAGE BUILDING 15. UNDERGROUND AND WILL BE PROVIDED TO EACH SITE. A TRAFFIC STUDY SHALL BE CONDUCTED AND REVIEWED BY THE PUBLIC WORKS DIRECTOR PRIOR TO CONSTRUCTION. POSSIBLE FUTURE 1 TO 3-STORY RETAIL/OFFICE STACK, 40’ SLIPS = 56 SLIPS SIDE YARD = 5 FT. MIN. 1. ALLOWABLE USES: BOAT STORAGE AND SIMILAR OR ACCESSORY USE, PREMITTED USES 8 REAR LOAD ROWHOUSES (18’ X 40’ TYP.) [R1-R35] 28 WHICH MAY INCLUDE COFFEE SHOP, SANDWICH SHOP, TRANSIENT/VISITOR/SHOPPER DOCKING SPACES = 1400 LINEAR FEET REAR YARD = 1 FT. MIN. WITHIN THE B-2 DISTRICT 16. 17. A STORMWATER PERMIT SHALL BE OBTAINED FROM THE ENGINEERING DEPARTMENT PRIOR TO CONSTRUCTION. A LANDSCAPE MANAGEMENT PLAN FOR A NATIVE VEGETATION PLANTING ZONE AROUND THE WATERFRONT HOMES, PATHS AND PATIOS WITHIN 30 19 POOL AND RESTROOM BUILDING FOR WINDWARD CONVENIENCE STORE, SHIP STORE, MARINA OFFICE, AND/ 2. MAXIMUM BUILDING HEIGHT = 50 FT. FEET OF THE O.HW.M. SHALL BE SUBMITTED BY THE DEVELOPER AND APPROVED BY THE PUBLIC WORKS DIRECTOR. POINTE RESIDENTS OR ROOFTOP DECK. 18. A PROPOSED UTILITIES PLAN SHALL SUBMITTED TO AND APPROVED BY THE PUBLIC WORKS DIRECTOR PRIOR TO CONSTRUCTION. MIXED-USE BUILDING (GROUND FLOOR RETAIL, 9 APARTMENTS ABOVE) [MU1-MU4] 19. ALL MARINA SLIPS WILL HAVE FIRE ACCESS. 20. ALL APPLICABLE CITY, STATE, AND FEDERAL PERMITS SHALL BE GRANTED PRIOR TO CONSTRUCTION OF IMPACTED SITE FEATURES. 20 BOAT HOIST/WASH STATION AREA 29 GAS DOCK AND SERVICE OFFICE October 26, 2023 North 0’ 75’ 150’ 300’ Scale: 1”=150’ WINDWARD POINTE FINAL PUD PLAN - PUBLIC AREA & PEDESTRIAN CIRCULATION EXHIBIT project number: 23201268 23201268-20231020-PREL2_converted 10/26/2023 @ 12:00 am MUSKEGON LAKE NOTE: AT THE DEVELOPER’S DISCRETION, THE EXISTING POND MAY CONNECT TO MUSKEGON LAKE (I.E. LAND BERM REMOVED) SUBJECT TO E.G.L.E. AND A.C.E. APPROVAL P7 16 16 P8 P9 19 2 2 16 3 P2 TRANSIENT/VISITO POTENTIAL CRUISE R DOCKING SHIP DOCKING (AT 3 27 PIER 1 THE 17 P12 DISCRETION OF DE WATER TAXI VELOPER) P4 PICK-UP TRANSIENT/VISITO R DOCKING 16 M42 M43 M44 P10 22 M41 M45 M46 M47 P6 4 M48 60’ SLIPS 16 23 PIER 2 P3 3 M19 M20 M21 M40 P11 M49 24 12 3 50’ SLIPS M22 M50 3 M39 13 M18 P5 M2 PIER 3 M1 3 M51 M23 M38 M17 45’ SLIPS M3 16 A21 4 A22 A20 M52 M24 17 M37 5 A19 P13 R16- M16 2 PIER 4 7 M4 M53 5 0-1 M25 1 M36 8-2 R1 40’ SLIPS M8 R1 R1-3 R4-6 M5 M9 R7-9 M15 3 5 2-2 PIER 5 M6 18 M7 M26 M35 M54 R2 R34-35 R30-33 R2 M10 A16 6-29 8 M14 A17 A18 50’ SLIPS M11 4 M27 M34 M55 29 M13 M12 15 12 21 MU4 MU3 28 P1 10 A7 7 A6 M56 P14 11 M28 A5 18 M33 20 A15 A14 17 25 9 9 5 A13 A12 4 M57 MU1 MU2 M29 M32 A1 A2 6 A3 M30 M31 A4 P15 18 14 A8 A9 7 A10 A11 26 P15 1 18 LAKESHORE DRIVE 1 ET 1 26 RE LAURUE STREET SHERIN STREET LEBOEUF STREET LINCOLN STREET K ST AR M DEN HARRISON AVENUE LEGEND SUMMARY OF LAND USE SITE REGULATING STANDARDS GENERAL NOTES 1. SPEED LIMITS THROUGHOUT THE PROPOSED DEVELOPMENT WILL BE A MAXIMUM OF 15 MPH. 1 SITE ENTRANCE 10 IN-OUT DRY BOAT STORAGE (155’ X 720’ BUILDING STAGING SLIPS FOR IN/OUT SERVICE AND GAS DOCK / SITE LOCATION: 2400 & 2850 LAKESHORE DR. MUSKEGON, MICHIGAN MULTIPLE FAMILY BUILDINGS [A1-A22] ALIGNED LOTS [34’ X 150’ TYP.] 2. TYPICAL STREET TREE SPACING WILL BE 35 FT. TO 45 FT. ON CENTER, DEPENDING ON SPECIES AND SITE CONSTRAINTS (E.G. CONFLICTS WITH WITH APPROXIMATELY 350 STORAGE SPACES) 21 PUMP OUT DOCK 1. ALLOWABLE USES: MULTIPLE FAMILY DWELLINGS (APARTMENTS OF CONDOMINIUMS), 1. ALLOWABLE USES: DETACHED SINGLE FAMILY DWELLING UTILITIES, STREET LIGHTS, DRIVEWAYS, ETC.) SITE AREA = 122.94 AC. SENIOR LIVING FACILITY, AND PERMITTED USES WITHIN THE B-2 DISTRICT AT GROUND 2. MAXIMUM BUILDING HEIGHT = 3 STORIES PLUS BASEMENT 3. WAYFINDING SIGNAGE WILL BE STRATEGICALLY PLACED THROUGHOUT THE DEVELOPMENT TO DIRECT PEDESTRIANS TO SITE FEATURES FLOOR OF BUILDINGS A1-A4 3. SETBACKS 2 SINGLE FAMILY STAGGERED LOT (26’-22’ X 205’ TYP.) - 11 MARINA RESTROOMS EXISTING ZONING = I-2 (GENERAL INDUSTRIAL) 2. MAXIMUM BUILDING HEIGHT = 6 STORIES OR 90 FT., WHICHEVER IS LESS FRONT YARD = 22 FT. MIN. INCLUDING KAYAK LAUNCHES, NATURAL FEATURES, TRAILS, FISHING PLATFORMS, PARKS, CLUBHOUSES, BIKE PATHS, RETAIL CORRIDOR(S), DOG MAY BE COMBINED TO CREATE LARGER WATERFRONT 22 FENCED DOG PARK AND POLLINATOR GARDEN AREA 3. MINIMUM BUILDING TO BUILDING SEPARATION [FOUNDATION WALL TO FOUNDATION SIDE YARD = 5 FT. MIN. 4. PARKS, ETC. OUTDOOR ENTERTAINMENT AT THE RESTAURANT AND OTHER PUBLIC SPACES WILL BE ALLOWED BETWEEN THE HOURS OF 10 A.M. AND 11 P.M AND LOTS PROPOSED ZONING = PUD (PLANNED UNIT DEVELOPMENT) WALL] = 25 FT. REAR YARD = 15 FT. MIN. FROM O.H.W.M. 12 CLUBHOUSES WITH POOLS AND SPORT COURTS 4. MINIMUM DISTANCE TO AJACENT ROADS (EXCLUDES PARKING DRIVE AISLES) = 25 FT. 5. NOT PERMITTED BETWEEN 11PM AND 10AM. THERE WILL BE NO GATES OR FENCES WITHIN THE DEVELOPMENT EXCEPT FOR PIERS 2, 3, 4, AND 5; DOG PARKS; SPORT COURTS; PLAYGROUNDS, 23 PLAYGROUND PROPOSED DWELLINGS STAGGERED LOTS [22’-26’ X 205’ TYP.] POOLS; DUMPSTER ENCLOSURES; AND ABOVE GROUND UTILITY SCREENING. 3 SINGLE FAMILY ALIGNED LOT (34’ X 150’ TYP.) - MAY BE 26’/22’X205’ LOTS = 108 DWELLINGS ROWHOUSES [R1-R35] 1. ALLOWABLE USES: DETACHED SINGLE FAMILY DWELLING 6. ALL PUBLIC AMENITY AREAS WILL BE OWNED AND MAINTAINED BY THE DEVELOPMENT ASSOCIATION IN PERPETUITY AS A MEANS OF MAINTAINING A COMBINED TO CREATE LARGER WATERFRONT LOTS CLUBHOUSE WITH RESTAURANT,EVENT SPACE, 34’X150’ LOTS = 115 DWELLINGS 1. ALLOWABLE USES: ATTACHED SINGLE FAMILY DWELLINGS 2. MAXIMUM BUILDING HEIGHT = 3 STORIES PLUS BASEMENT 13 POOL, AND PUBLIC RESTROOMS WOODLAND PRESERVATION AREA AND ON-LEASH DOG “MANSION” LOT DWELLINGS = UP TO 684 DWELLINGS (57 BLDGS) 2. MAXIMUM BUILDING HEIGHT = 3 STORIES OR 50 FT., WHICHEVER IS LESS 3. SETBACKS HIGH LEVEL OF CARE AND LESSENING THE BURDEN ON PUBLICLY FUNDED CITY AGENCIES. 24 PARK MULTIPLE-FAMILY APTS/CONDOS = UP TO 1,320 DWELLINGS (22 BLDGS) 3. MINIMUM BUILDING TO BUILDING SEPARATION [FOUNDATION WALL TO FOUNDATION FRONT YARD = 22 FT. MIN. 7. FINAL DUMPSTER ENCLOSURE LOCATIONS SHALL BE REVIEWED AND APPROVED BY CITY OF MUSKEGON STAFF. 8. SNOW SHALL BE STORED IN DESIGNATED AREAS, AS SPECIFIED BY CITY OF MUSKEGON MAINTENANCE PERSONNEL OR REMOVED FROM THE SITE 10-12 UNIT FRONT-LOADED CONDO OR APARTMENT 18’ X 40’ TOWNHOMES = 35 UNITS (10 BLDGS) WALL] = 16 FT. SIDE YARD = 0 FT. MIN. 4 MIXED-USE APARTMENTS = 55 DWELLINGS (4 BLDGS) 4. MINIMUM DISTANCES TO ADJACENT ROAD OR SIDEWALK = 10 FT. REAR YARD = 15 FT. MIN. FROM O.H.W.M. AS NEEDED. “MANSION” LOTS (100’ X 150’ TYP.) 14 RETAIL BUILDING 9. BIKE PARKING SHALL BE PROVIDED AT RETAIL CORRIDOR(S), CLUBHOUSES, AND VARIOUS PUBIC SPACES THROUGHOUT THE DEVELOPMENT. FINAL 25 FUTURE RESTAURANT PROPOSED DENSITY = 18.8 D.U./AC. FRONT-LOADED MANSION LOTS [M1-M20 & M41-M57] CLUBHOUSE [SITE FEATURES 12 AND 13 ON THE PLAN] LOCATIONS AND DESIGN OF BIKE PARKING FACILITIES TO BE COORDINATED WITH CITY OF MUSKEGON STAFF. 10. PROPOSED LIGHTING SHALL CONSIST OF WALL-MOUNTED LIGHTS AND LIGHT POLES BOTH FITTED WITH DOWN CAST TYPE FIXTURES TO BE 1. ALLOWABLE USES: MULTIPLE FAMILY DWELLING 1. ALLOWABLE USES: COMMUNITY CENTER; EVENT CENTER RECREATION CENTER; 5 10-12 UNIT REAR-LOADED CONDO OR APARTMENT 15 PUBLIC NATURE VIEW BOARDWALK RETAIL/OFFICE SPACE (MU1-MU4) = 42,780 SQ.FT. 2. MAXIMUM BUILDING HEIGHT = 5 STORIES OR 80 FT., WHICHEVER IS LESS RESTAURANT, COCKTAIL LOUNGE, AND BREWPUB; AND MUSIC VENUE (INDOOR AND SPECIFIED BY LIGHTING CONSULTANT. LIGHTING SHALL BE COORIDNATED WITH CITY STAFF TO CLUSTER IN DESIRED HIGH TRAFFIC PUBLIC AREAS. “MANSION” LOTS (100’ X 115’ TYP.) TRAFFIC CALMING STREET TREATMENTS (E.G. ALL LIGHTING SHALL BE SHIELDED FROM ADJACENT PROPERTIES. (NOT INLCUDING FUTURE IMPROVEMENTS) 3. SETBACKS OUTDOOR) 11. GROUND FLOOR LEVELS OF BUILDINGS A1-A4 ARE INTENDED TO BE REPURPOSED AS ADDITIONAL RETAIL OR OFFICE SPACE AS NEEDED PER 26 ROUNDABOUT, SIGNALIZED BIKE CROSSING) TO BE FRONT YARD = 22 FT. MIN. (15 FT. MIN. ON SECONDARY FRONT YARD OF CORNER 2. MAXIMUM BUILDING HEIGHT = 3 STORIES OR 50 FT., WHICHEVER IS LESS MARKET CONDITIONS. THE CONVERSION OF GROUND FLOOR USES WILL BEGIN AT BUILDING A1 AND EXTEND TO THE EAST SEQUENTIALLY ENDING PUBLIC PARKLET WITH WATERFRONT ACCESS AND COORDINATED WITH CITY OF MUSKEGON 3. MINIMUM DISTANCE TO OHWM = 15 FT. 4 TO 6-STORY APARTMENT OR CONDO BUILDING WITH 16 FISHING DOCK BOAT STORAGE = 111,600 SQ.FT. (350 SPACES) LOTS) SIDE YARD = 5 FT. MIN. 4. MINIMUM DISTANCE FROM ADJACENT LOT LINES = 15 FT. AT BUILDING A4. 12. AREAS P7 AND P8 WILL NOT ALLOW FOR FISHING IF ADJACENT WATERS ARE FOUND TO BE UNSUITABLE BY ENVIRONMENTAL SPECIALISTS. 6 GROUND FLOOR PARKING OR POSSIBLE FUTURE BOAT DOCKING SPACES = 251 REAR YARD = 15 FT. MIN. 13. TOPOGRAPHICAL REQUIREMENT PER 2101.3.E, EXISTING TOPOGRAPHY IS DEPICTED WITH CONTOURS AT 1-FT INTERVALS ON THE EXISTING GROUND FLOOR RETAIL [BUILDINGS A1-A4] BREAK WALL/WAVE ATTENUATOR WITH PUBLIC WALKING 118’ SLIP = 1 SLIP MIXED USE [MU1-MU4] CONDITIONS PLAN. FINAL TOPOGRAPHIC CHANGES SHALL BE IN COMPLIANCE WITH EGLE DUE CARE PLAN CRITERIA. AREAS OF FILL MUST BE 17 PUBLIC PARKLET WITH BOARDWALK, FISHING PATH, FISHING PLATFORM AND TRANSIENT/VISITOR/ 103’ SLIP = 1 SLIP REAR-LOADED MANSION LOTS [M21-M40] 1. ALLOWABLE USES: GROUND FLOOR - PERMITTED USES IN THE B-2 DISTRICT, UPPER LEVELS COMPACTED TO DENSITY SPECIFIED BY GEOTECH CONSULTANT. PLATFORM, AND KAYAK LAUNCH 27 SHOPPER DOCKING ON NORTH AND SOUTH SIDES OF 98’ SLIP = 1 SLIP 1. ALLOWABLE USES: MULTIPLE FAMILY DWELLING - MULTIPLE FAMILY DWELLINGS 14. THE PROJECT WILL BE SERVED BY PUBLIC WATERMAIN, PUBLIC SANITARY SEWER, AND PUBLIC AND PRIVATE STORMWATER MANAGEMENT 4 TO 6-STORY APARTMENT OR CONDO BUILDING WITH 93’ SLIPS = 1 SLIP 2. MAXIMUM BUILDING HEIGHT = 5 STORIES OR 80 FT., WHICHEVER IS LESS 2. MAXIMUM BUILDING HEIGHT = 3 STORIES OR 50 FT., WHICHEVER IS LESS PIER SYSTEMS. WATERMAIN, SANITARY SEWER, AND STORMWATER MANAGEMENT MEASURES SHALL MEET CITY, COUNTY, AND STATE OF MICHIGAN 7 GROUND FLOOR PARKING [BUILDINGS A5-A22] 60’ SLIPS = 24 SLIPS 3. SETBACKS 3. MINIMUM DISTANCE FROM ADJACENT LOT LINES = 15 FT. REQUIREMENTS. “DRY UTILITIES,” WHICH INCLUDE ELECTRIC SERVICE, TELECOMMUNICATIONS, AND NATURAL GAS, WILL BE WILL BE INSTALLED 50’ SLIPS = 77 SLIPS FRONT YARD = 12 FT. TO 20 FT. MIN. BUILD-TO-LINE (15 FT. MIN. SETBACK ON 18 MULTI-MODAL TRAIL CONNECTOR 45’ SLIPS = 54 SLIPS SECONDARY FRONT YARD OF CORNER LOTS) BOAT STORAGE BUILDING 15. UNDERGROUND AND WILL BE PROVIDED TO EACH SITE. A TRAFFIC STUDY SHALL BE CONDUCTED AND REVIEWED BY THE PUBLIC WORKS DIRECTOR PRIOR TO CONSTRUCTION. POSSIBLE FUTURE 1 TO 3-STORY RETAIL/OFFICE STACK, 40’ SLIPS = 56 SLIPS SIDE YARD = 5 FT. MIN. 1. ALLOWABLE USES: BOAT STORAGE AND SIMILAR OR ACCESSORY USE, PREMITTED USES 8 REAR LOAD ROWHOUSES (18’ X 40’ TYP.) [R1-R35] 28 WHICH MAY INCLUDE COFFEE SHOP, SANDWICH SHOP, TRANSIENT/VISITOR/SHOPPER DOCKING SPACES = 1400 LINEAR FEET REAR YARD = 1 FT. MIN. WITHIN THE B-2 DISTRICT 16. 17. A STORMWATER PERMIT SHALL BE OBTAINED FROM THE ENGINEERING DEPARTMENT PRIOR TO CONSTRUCTION. A LANDSCAPE MANAGEMENT PLAN FOR A NATIVE VEGETATION PLANTING ZONE AROUND THE WATERFRONT HOMES, PATHS AND PATIOS WITHIN 30 19 POOL AND RESTROOM BUILDING FOR WINDWARD CONVENIENCE STORE, SHIP STORE, MARINA OFFICE, AND/ 2. MAXIMUM BUILDING HEIGHT = 50 FT. FEET OF THE O.HW.M. SHALL BE SUBMITTED BY THE DEVELOPER AND APPROVED BY THE PUBLIC WORKS DIRECTOR. POINTE RESIDENTS OR ROOFTOP DECK. 18. A PROPOSED UTILITIES PLAN SHALL SUBMITTED TO AND APPROVED BY THE PUBLIC WORKS DIRECTOR PRIOR TO CONSTRUCTION. MIXED-USE BUILDING (GROUND FLOOR RETAIL, 9 APARTMENTS ABOVE) [MU1-MU4] 19. ALL MARINA SLIPS WILL HAVE FIRE ACCESS. 20. ALL APPLICABLE CITY, STATE, AND FEDERAL PERMITS SHALL BE GRANTED PRIOR TO CONSTRUCTION OF IMPACTED SITE FEATURES. 20 BOAT HOIST/WASH STATION AREA 29 GAS DOCK AND SERVICE OFFICE October 26, 2023 North 0’ 75’ 150’ 300’ Scale: 1”=150’ WINDWARD POINTE FINAL PUD PLAN project number: 23201268 O.H.W.M. 26.00 22.00 FROM ALLEY 15.0' O.H.W.M. 26.00 22.00 FROM 15.0' SETBACK YARD REAR 15.0' 60.00 60.00 102.5 TYP. O.H.W.M. FROM 15.0' O.H.W.M. 100.0 TYP. FROM 60.00 15.0' 60.00 102.5 TYP. 34.0 34.0 ALLEY 90.0 34.0 34.0 WALK MIN. MIN. 24.00 24.00 7.0' MIN. MIN. 5.0' 24.00 24.00 SIDE 2.0 5.0' YARD SIDE 5.0' WALK SETBACK 2.0 SIDE 7' 90.0 SETBACK YARD 150.0 TYP. YARD REAR 94.0 94.0 SETBACK YARD 1.0' SETBACK 115.0 TYP. 60.00 60.00 94.0 150.0 MIN. 150.0 MIN. 94.0 102.5 TYP. 5.0' 60.00 60.00 90.0 SIDE 94.0 102.5 TYP. YARD SETBACK 24.00 24.00 SETBACK BUILD TO LINE SETBACK FRONT YARD FRONT YARD 22.0' 24.00 24.00 22.0' 12' - 20' 22.00 26.00 90.0 SETBACK FRONT SETBACK YARD 34.0 34.0 22.0' SETBACK FRONT YARD FRONT 22.0' YARD 34.0 34.0 22.0' MIN. MIN. 22.00 26.00 100.0 TYP. MIN. MIN. INTERIOR GROUND FLOOR PARKING POSSIBLE ON-STREET PARKING PUBLIC ROAD PUBLIC ROAD PUBLIC ROAD PUBLIC ROAD PUBLIC ROAD PUBLIC ROAD (2) DRIVEWAY SPACES PUBLIC ROAD 34’ X 150’ LOTS 26’/22’ X 205’ LOTS FRONT-LOADED CONDO OR APT. “MANSION” LOTS REAR-LOADED CONDO OR APT. “MANSION” LOTS 3 STORY WITH BASEMENT 3 STORY WITH BASEMENT 3 TO 5 STORY STRUCTURES 3 TO 5 STORY STRUCTURES TYPICAL LOT CONFIGURATIONS N.T.S. 40 FT. TO 50 FT. PUBLIC R.O.W. CONCRETE CURB PER 22 FT. - 24 FT. STREET SURFACE CONCRETE CURB PER CITY SPECIFICATIONS 32 FT. WITH ONE-SIDE PARALLEL PARKING CITY SPECIFICATIONS 40 FT. WITH TWO-SIDE PARALLEL PARKING BIOSWALE BIOSWALE PLANTING AREA ASPHALT PAVING PER PLANTING AREA CITY SPECIFICATIONS 2% SLOPE 2% SLOPE 50' @ 1.0% PROP. CONCRETE SIDEWALK PROP. CONCRETE SIDEWALK (WHERE APPLICABLE) (WHERE APPLICABLE) MAY BE INSIDE R.O.W. OR IN 3.3' MAY BE INSIDE R.O.W. OR IN MIN. 5'-9" MIN. EASEMENT OUTSIDE R.O.W. 0.02'/ FT. 0.02'/ FT. EASEMENT OUTSIDE R.O.W. AS NEEDED CLASS II GRANULAR AS NEEDED MATERIAL COMPACTED 22-A GRAVEL 2.5' MIN. CLASS II BACKFILL AND SUBBASE 3FT SEDIMENT SANITARY 6" MIN. PERFORATED STORM SEWER (WHERE REQUIRED) SEWER TREATMENT ALLEY GEOTEXTILE WRAPPED UNDERDRAIN. (TYP.) SUMP 3FT SEDIMENT TREATMENT 2" MIN. BURIED PRIVATE "DRY" BURIED PRIVATE "DRY" CATCH BASIN 0' 15' 30' MIN. WIDTH OF TRENCH 60' TO BE SUMP UNDERCUT (TYP.) UTILITIES (CABLE, GAS, ELECTRIC, PHONE) UTILITIES (CABLE, GAS, TRENCH WIDTH= DIA. X 2 OUTSIDE DIA. OF PIPE PLUS 12" ELECTRIC, PHONE) SCALE: 1" = 30' PROP. WATERMAIN ALLEY PUBLIC ROAD CROSS SECTION WALK 7.0' N.T.S. WALK 7' 90.0 SETBACK YARD REAR 1.0' 115.0 TYP. October 26, 2023 5.0' SIDE WINDWARD POINTE 94.0 94.0 YARD SETBACK 94.0 DETAILS BUILD TO LINE project number: 23201268 12' - 20' 90.0 Windward Pointe Public Amenity Area Summary I. Public Amenity Areas Directly on Muskegon Lake Public Waterfront Public Waterfront Boardwalk Area Total Area - Sq. Ft. Linear Feet Linear Feet P1 12,917 Sq. Ft. 180 LF - P2 43,236 Sq. Ft. - 1,454 LF P3 28,538 Sq. Ft. 304 LF - P4 1,473 Sq. Ft. 69 LF - P5 5,349 Sq. Ft. 19 LF - P6 2,926 Sq. Ft. 69 LF - P7 4,325 Sq. Ft. 157 LF - P8 4,412 Sq. Ft. 84 LF - P9 9,856 Sq. Ft. 49 LF - P10 21,181 Sq. Ft. - - P11 111,895 Sq. Ft. - - P12 4,721 Sq. Ft. 90 LF - P13 4,152 Sq. Ft. - 519 LF P14 17,505 Sq. Ft. - - P15 Length is 4,093 LF - - - Totals 272,486 Sq. Ft. 1,021 LF 1,973 LF (~ 12% of waterfront land frontage) Total Length of Waterfront Access 2,994 LF 272,486 SqFt Total Area of Waterfront Amenities 6.26 Acres II. Other Public Amenity Areas - Internal to Site Public Bike Trail Length 4,093 LF Public Bike Trail Area 32,744 Sq.Ft. (0.75 acres) New Public Sidewalk Length 26,459 LF New Public Sidewalk Area 132,295 Sq.Ft. (3.04 acres) New 15 MPH Roadway Length 10,394 LF New 15 MPH Roadway Area 703,817 Sq.Ft. (16.16 acres) https://nederveld.sharepoint.com/sites/LDCProjectFiles/2023/232/23201268/INTERNAL/ZONING INFO/Public Areas at Windward Pointe_20231026.xlsx 35' 180 LINEAR FEET OF SHORELINE 42 ' 38' 123' 65' P1 64' 12,917 sf 159' LAKE SHORE DRIVE October 24, 2023 N. 0' 15' 30' 60' S:1"=30' WINDWARD POINTE PUBLIC AMENITY (P1) 2662 580.71 WE 2613 588.94 EL FCE 134 LINEAR FEET 26' 2663 OF SHORELINE 580.89 WE 50548 548 '29"E 589.14 EL 63' = N 73°38 M 5' 315.9 2612 588.53 EL FCE 2664 587.27 2665 EL 585.90 DT 24"COTTONWOOD 549 50549 588.71 EL 12'± 2667 '37"E 580.50 WE REF PT "A" 72°15 2666 587.70 EL 45' 2611 588.20 EL FCE 50550 550 588.25 EL D=N 2668 580.86 WE 586 50586 591.75 EL 2669 580.81 WE 4012 13070 586.23 584.14 SIRC IRC NED LOOSE BY BIG HOLE 2610 587.79 EL FCE 551 50551 587.58 587 50587 EL 591.42 EL 588 50588 156' 591.38 50552 552 EL 587.56 EL 589 50589 590.14 EL 170 LINEAR FEET 2609 588.18 EL FCE 557 50557 592.60 EL 50556 556 592.12 EL OF SHORELINE 2670 580.61 WE 555 50555 592.00 EL 553 50553 588.50 EL 170' 554 50554 590.97 EL 50216 216 591.94 217 50217 CL 592.35 CL 215 50215 591.39 608 50608 CL 592.24 EL 607 50607 592.23 50609 609 EL 591.88 EL 13 ' 593 P3 50610 610 591.17 EL 451 50451 593.44 EL 450 50450 593.30 EL 2608 588.24 214 50214 EL FCE 590.50 CL 452 50452 593.64 EL 156 157 3875 3922 3923 50157 50156 3985 28,538 sf 593.45 593.42 593.36 593.38 593.42 592.98 BS PT156 BS CK CPCK CK CP CK ' 82 50611 611 590.36 EL 2671 580.86 WE 213 50213 589.24 110' CL 453 50453 592.90 EL 45' 499 50499 612 50612 593.08 589.20 EL EL 498 50498 593.12 EL 593 2607 588.02 EL FCE 497 50497 592.72 EL October 25, 2023 N. 0' 20' 40' 80' S:1"=40' WINDWARD POINTE PUBLIC AMENITY (P3) 20' 69 LINEAR FEET OF SHORELINE 41' 69' 31' P4 1,473 s.f. 25' 32' October 24, 2023 N. 0' 10' 20' 40' S:1"=20' WINDWARD POINTE PUBLIC AMENITY (P4) 19 LINEAR FEET OF SHORELINE 19' 150' 152' P5 5,349 sf 52' 589 October 24, 2023 N. 0' 15' 30' 60' S:1"=30' WINDWARD POINTE PUBLIC AMENITY (P5) 34' 66' 69 LINEAR FEET OF SHORELINE P6 2,926 sf 69' 55' October 24, 2023 N. 0' 10' 20' 40' S:1"=20' WINDWARD POINTE PUBLIC AMENITY (P6) 79 LINEAR FEET OF SHORELINE 17' 32' 30' P7 51' 112 4,325 sf ' 78 LINEAR FEET 78' OF SHORELINE 40' 14' 1' 5' 585 October 24, 2023 N. 0' 15' 30' 60' S:1"=30' WINDWARD POINTE PUBLIC AMENITY (P7) 47 LINEAR FEET OF SHORELINE 47' 80' P8 4,412 sf 96' 37' 37 LINEAR FEET OF SHORELINE 23' October 24, 2023 N. 0' 10' 20' 40' S:1"=20' WINDWARD POINTE PUBLIC AMENITY (P8) 49 LINEAR FEET OF SHORELINE 49' P9 201' 203' 9,856 sf 59 0 58 9 49' October 24, 2023 N. 0' 20' 40' 80' S:1"=40' WINDWARD POINTE PUBLIC AMENITY (P9) 588 58 136' 8 36' 96' P10 586 13' 60' 21,181 sf 134' 7' 5 151' 84' 20 ' 587 October 24, 2023 N. 0' 20' 40' 80' S:1"=40' WINDWARD POINTE PUBLIC AMENITY (P10) 602 600 589 199' 588 587 48' 157' 600 82' 588 252' 59 8 40' 129' 587 10 8 ' 595 596 58 6 591 595 61' 594 589 128' P11 592 62' 592 590 588 111,895 sf 8 58 120' 48' 326' 15' 589 5 17' 43' 35' ' 588 587 October 24, 2023 N. 0' 30' 60' 120' S:1"=60' WINDWARD POINTE PUBLIC AMENITY (P11) 90 LINEAR FEET OF SHORELINE ' 86 90' 9' P12 38' 4,721 sf 79' October 24, 2023 N. 0' 10' 20' 40' S:1"=20' WINDWARD POINTE PUBLIC AMENITY (P12) 58 8 58 9 17' 132' 84' P14 589 17,505 sf 204' 75' 45' 591 593 2 59 11' October 24, 2023 N. 0' 20' 40' 80' S:1"=40' WINDWARD POINTE PUBLIC AMENITY (P14) OPEN WATER CONNECTION BETWEEN MUSKEGON LAKE AND EXISTING POND PEDESTRIAN DRAWBRIDGE 17' 47' 32' 30' P7 80' P8 51' 112 ' 4,325 sf 96' EXISTING LAND 4,412 sf TO BE REMOVED 37' 78' 23' 40 ' 14' 1' 5' 585 583 October 24, 2023 N. 0' 20' 40' 80' S:1"=40' WINDWARD POINTE PUBLIC AMENITY (P7/8 OPTION B) 10.d Agenda Item Review Form Muskegon City Commission Commission Meeting Date: November 14, 2023 Title: 1st Quarter Budget Reforecast Submitted By: Kenneth D. Grant Department: Finance Brief Summary: At this time staff is asking for approval of the 1st Quarter Budget Reforecast for the FY2023-24 budget year. Detailed Summary & Background: Highlights of 1st Quarter Budget Reforecast: 101 General Fund Revenues: There are no amendments for revenue for 1st Quarter. We are going to take a deeper look at revenue in the 2nd quarter due to 1st quarter only having 3 months of activity. Expenditures: City Commission Dept 101-Increase expenditures by $5,602 due to passage of increase in Salary & Benefits from Local Officer Compensation Board. City Promotions & Public Relations Dept 103-Increase of $14,000 for newsletter print cost, Watch Donation, and Lakeside Bid Donation. Decrease of $39,448 to move intern’s salary to Managers Office. City Manager Dept 172- Increase of $42,308 due to moving Intern from Promotions, Human Resource Office buildout, and Human Resource Computer. Information Systems Dept 228-Increase of $30,800 for BSA Cloud down-payment (Passed by Commission on September 26,2023). Contributions Dept 252-Increase $5,000 for Lakeside Bid Fall Festival. City Hall Maintenance Dept 265-Increase expenditures by $10,000 due to increase in water rates. Planning Dept 701- Total increase of $35,000. Of which $24,000 is for a possible Planner 3 position. $10,000 is for conference and training that was inadvertently omitted from the original budget. $1,000 is an increase in office supplies. Capital Projects Dept 901-Increase of $60,000 for the second-floor remodel. 202 Major Streets Fund Revenues: There are no amendments for Revenue. Expenditures: Added $40,000 for intersection repairs at Getty and Marquette. 203 Local Streets Fund Revenues: There are no amendments for Revenue. Expenditures: Increased by $625,000. $275,000 each for Millard and Edgewater. $75,000 for engineering of New and 2nd street. Brownfield & DDA Funds Revenues: Increase of revenue by $168,500 for treasurers’ projections of current year tax roll. Expenditures: Decrease of $2,400 due to treasurers’ projections of current tax roll. 254 Trinity Health Arena Fund Revenues: Increase Annex Revenue by $13,000 due to number of therapists operating. Expenditures: Increase of $15,040 for arena glass and ADA. 445 Public Improvement Fund Revenues: There are no amendments to Revenue. Expenditures: Increase by $60,000 for Nelson House Move and $400,000 for PM South Restroom. 590 Sewer Fund Revenues: There are no amendments to Revenue. Expenditures: Increase expenditures by $280,318 for City Service Fee and Utility Administration Fee. 591 Water Fund Revenues: There are no amendments to Revenue. Expenditures: Increase of $1,078,667 for bond payments and expenditures. 677 General Insurance Fund Revenues: There are no amendments to Revenue. Expenditures: Increase of $4,103.50 for Masks, MERS Conference, JJ Keller Increase, and EAWM table increase. Goal/Focus Area/Action Item Addressed: Sustainability in financial practices and infrastructure Amount Requested: Budgeted Item: 101 General Fund increase expenditures by $163,262.00 Yes No N/A 202 Major Street Fund increase expenditures by $40,000.00 203 Local Street Fund increase expenditures by $625,000.00 254 Trinity Health Arena Fund increase revenue by $13,000.00 254 Trinity Health Arena Fund increase expenditures by $15,040.0 445 Public Improvement Fund increase expenditures by $640,000.00 590 Sewer Fund increase expenditures by $280,318.00 Amount Requested (continued) 591 Water Fund increase expenditures by $1,078,677.00 677 General Insurance Fund increase expenditures by $4,103.20 Fund(s) or Account(s): Multiple Budget Amendment Needed: Yes No N/A Recommended Motion: To approve the 1st Quarter FY2023-24 Budget Reforecast as presented. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review 11/02/2023 REVENUE AND EXPENDITURE REPORT FOR CITY OF MUSKEGON PERIOD ENDING 09/30/2023 THIS REPORT COMPARES CY ACTUAL REVENUES/EXPENSES WITH BUDGETED AMOUNTS AND WITH PRIOR YEAR ACTUALS 2023-24 2023-24 YTD BALANCE YTD BALANCE ORIGINAL % BDGT 1st Qtr GL NUMBER DESCRIPTION 09/30/2023 09/30/2022 BUDGET USED Reforecast Fund 101 - GENERAL Revenues 4100 TAXES & SPECIAL ASSESSMENTS 2,688,641.65 2,627,596.73 21,078,349.00 13% 21,078,349.00 4200 LICENSES & PERMITS 743,606.03 672,312.79 2,684,500.00 28% 2,684,500.00 4300 FEDERAL GRANTS 20,005.23 22,514.94 401,000.00 5% 401,000.00 4400 STATE GRANTS 0.00 0.00 900,000.00 0% 900,000.00 4500 STATE SHARED 0.00 0.00 5,749,318.00 0% 5,749,318.00 4600 CHARGES FOR SERVICE 1,703,160.51 1,528,103.22 6,037,479.00 28% 6,037,479.00 4700 FINES & PENALTIES 354,566.57 271,405.95 1,180,660.00 30% 1,180,660.00 4800 CONTRIBUTIONS & MISCELLANEOUS 81,282.07 11,000.00 127,000.00 64% 127,000.00 4900 INTEREST & OPERATING TRANSFERS (119,223.22) (365,776.21) 530,000.00 -22% 530,000.00 TOTAL REVENUES 5,472,038.84 4,767,157.42 38,688,306.00 14% 38,688,306.00 Expenditures Increase in Salary & Benefit from Local Officer Compensation 101 CITY COMMISSION 28,414.29 36,797.19 147,376.00 19% 152,978.00 Committee Newsletter Print Cost Increased w/additional Panel. Watch donation $5,000 and Lakeside bid Donation $2,500. Move 103 CITY PROMOTIONS & PUBLIC RELATIONS 4,151.62 20,495.99 182,223.00 2% 156,775.00 Intern Salaries Moved & extended Isabela Internship Through April. HR Office 172 CITY MANAGER 180,805.02 73,228.65 714,619.00 25% 756,927.00 buildout and computer 202 FINANCE ADMINSTRATION 127,708.99 158,813.56 752,641.00 17% 752,641.00 203 PENSION ADMINISTRATION 475,810.80 565,644.20 2,857,808.00 17% 2,857,808.00 205 INCOME TAX 103,010.03 96,530.74 485,142.00 21% 485,142.00 215 CITY CLERK 134,398.87 186,137.55 836,450.00 16% 836,450.00 Addition of $30,800 for BSA cloud down- payment (per 228 INFORMATION SYSTEMS ADMINISTRATION 150,799.85 121,438.10 699,693.00 22% 730,493.00 commission approval) $5,000 Lakeside Bid Fall 252 CONTRIBUTIONS 203,620.50 119,250.00 574,426.00 35% 579,426.00 Festival 253 CITY TREASURER 143,152.51 148,637.40 729,654.00 20% 729,654.00 257 CITY ASSESSOR 110,448.30 105,404.00 430,000.00 26% 430,000.00 265 CITY HALL MAINTENANCE 92,297.24 74,439.34 474,279.00 19% 484,279.00 Water Rate Increases 266 CITY ATTORNEY 108,302.68 106,512.88 420,000.00 26% 420,000.00 269 CIVIL SERVICE 50,786.98 44,749.45 325,164.00 16% 325,164.00 272 INSURANCE SERVICES 0.00 0.00 810,000.00 0% 810,000.00 301 POLICE DEPARTMENT 2,523,837.03 2,504,220.69 11,498,377.00 22% 11,498,377.00 336 FIRE DEPARTMENT 907,973.74 846,270.11 4,412,794.00 21% 4,412,794.00 340 NEW CENTRAL FIRE STATION 32,169.50 24,645.07 0.00 100% 0.00 387 BUILDING INSPECTIONS 420,553.15 319,015.39 2,406,083.00 17% 2,406,083.00 446 COMMUNITY EVENT SUPPORT/DOWNTOWN BID 34,238.78 29,795.22 172,871.00 20% 172,871.00 448 STREET LIGHTING 72,784.21 74,919.17 310,000.00 23% 310,000.00 521 SANITATION 496,944.01 371,176.21 2,570,612.00 19% 2,570,612.00 550 STORM WATER MANAGEMENT 701.57 1,869.38 24,250.00 3% 24,250.00 567 CEMETERIES 126,428.60 171,344.15 598,103.00 21% 598,103.00 addition of 3rd planner. Added Conference and training that was supposed to be in 701 PLANNING 157,718.09 120,206.98 554,263.00 28% 589,263.00 original budget 707 NEIGHBORHOOD & CONSTRUCTION SERVICES 0.00 2,106.84 0.00 0% 0.00 728 ECONOMIC DEVELOPMENT 208.32 0.00 0.00 100% 0.00 751 RECREATION 45,051.66 0.00 340,419.00 13% 340,419.00 757 MC GRAFT PARK 31,493.31 25,544.54 117,651.00 27% 117,651.00 770 PARKS MAINTENANCE 887,853.62 636,212.00 2,633,060.00 34% 2,633,060.00 771 FORESTRY 6,996.28 3,318.36 28,000.00 25% 28,000.00 772 PAID BEACH PARKING 112,058.48 38,717.93 432,617.00 26% 432,617.00 773 SOCIAL DISTRICT 21,047.77 27,524.20 46,528.00 45% 46,528.00 775 GENERAL RECREATION 0.00 0.00 0.00 0% 0.00 806 MERCY HEALTH ARENA 132.43 0.00 0.00 100% 0.00 Increased Second Floor 901 CAPITAL PROJECTS 30,750.65 703,273.57 582,700.00 5% 642,700.00 Remodel by $60,000 906 DEBT SERVICE 806,250.00 900,367.50 1,081,004.00 75% 1,081,004.00 999 TRANSFERS TO OTHER FUNDS 50,000.01 50,000.01 1,430,000.00 3% 1,430,000.00 TOTAL EXPENDITURES 8,678,898.89 8,708,606.37 39,678,807.00 22% 39,842,069.00 Fund 101 - GENERAL: TOTAL REVENUES 5,472,038.84 4,767,157.42 38,688,306.00 14% 38,688,306.00 TOTAL EXPENDITURES 8,678,898.89 8,708,606.37 39,678,807.00 22% 39,842,069.00 NET OF REVENUES & EXPENDITURES (3,206,860.05) (3,941,448.95) (990,501.00) (1,153,763.00) 11/06/2023 REVENUE AND EXPENDITURE REPORT FOR CITY OF MUSKEGON PERIOD ENDING 09/30/2023 THIS REPORT COMPARES CY ACTUAL REVENUES/EXPENSES WITH BUDGETED AMOUNTS AND WITH PRIOR YEAR ACTUALS 2023-24 YTD BALANCE YTD BALANCE ORIGINAL % BDGT 1ST QUARTER GL NUMBER DESCRIPTION 09/30/2023 09/30/2022 BUDGET USED REFORECAST Fund 202 - MAJOR STREETS Revenues 202-000-540 STATE GRANTS 0.00 0.00 335,000.00 0% 335,000.00 202-000-546 STATE RECEIPT MAJORS 471,598.85 516,570.74 4,645,000.00 10% 4,645,000.00 202-000-581 LRP LOCAL ROADS PROGRAM 6,627.32 6,651.43 80,000.00 8% 80,000.00 202-000-665-004970 INTEREST INCOME 3,628.93 3,851.44 0.00 100% 0.00 202-000-684-004800 MISC. & SUNDRY 3,470.26 2,400.00 0.00 100% 0.00 202-575-684 MISC. & SUNDRY 0.00 2.87 0.00 0% 0.00 TOTAL REVENUES 485,325.36 529,476.48 5,060,000.00 10% 5,060,000.00 Expenditures Added $40k for intersection repairs at Getty and 450 ROUTINE MAINTENANCE 298,894.26 19,698.64 803,503.00 37% 843,503.00 Marquette 451 POTHOLE PATCHING 0.00 5,876.58 0.00 0% 0.00 453 GUARD RAIL & POSTS 0.00 687.79 0.00 0% 0.00 456 TRAFFIC COUNTERS 0.00 441.25 0.00 0% 0.00 460 PAVEMENT SURFACE MAINTENANCE 0.00 18,824.79 0.00 0% 0.00 462 ROAD SIDE CLEANUP 0.00 184.18 0.00 0% 0.00 463 WINTER MAINTENANCE 0.00 882.50 183,009.00 0% 183,009.00 518 TRAFFIC SIGNALS 0.00 4,609.60 0.00 0% 0.00 519 TRAFFIC SERVICES 26,256.27 3,837.19 166,682.00 16% 166,682.00 523 BEACH ROADWAY CLEARING 0.00 1,345.26 0.00 0% 0.00 563 EQUIPMENT SERVICES 0.00 73.20 0.00 0% 0.00 564 DRAINAGE MAINTENANCE 34,166.21 991.19 16,483.00 207% 16,483.00 571 TREES & SCHRUBS 0.00 4,323.06 0.00 0% 0.00 573 MISCELLANEOUS EXPENSES 0.00 18,274.95 0.00 0% 0.00 574 ADMINISTRATION & RECORDKEEPING 84,232.74 210,025.43 336,931.00 25% 336,931.00 575 LEAVES & BENEFITS 49,225.05 52,270.76 251,329.00 20% 251,329.00 576 SIGN FABRICATION 0.00 1,489.00 0.00 0% 0.00 901 CAPITAL PROJECTS 745,176.14 268,138.14 1,628,000.00 46% 1,628,000.00 999 TRANSFERS TO OTHER FUNDS 0.00 0.00 400,000.00 0% 400,000.00 TOTAL EXPENDITURES 1,237,950.67 611,973.51 3,785,937.00 33% 3,825,937.00 Fund 202 - MAJOR STREETS: TOTAL REVENUES 485,325.36 529,476.48 5,060,000.00 10% 5,060,000.00 TOTAL EXPENDITURES 1,237,950.67 611,973.51 3,785,937.00 33% 3,825,937.00 NET OF REVENUES & EXPENDITURES (752,625.31) (82,497.03) 1,274,063.00 1,234,063.00 11/07/2023 REVENUE AND EXPENDITURE REPORT FOR CITY OF MUSKEGON PERIOD ENDING 09/30/2023 THIS REPORT COMPARES CY ACTUAL REVENUES/EXPENSES WITH BUDGETED AMOUNTS AND WITH PRIOR YEAR ACTUALS 2023-24 2023-24 YTD BALANCE YTD BALANCE ORIGINAL % BDGT ORIGINAL GL NUMBER DESCRIPTION 09/30/2023 09/30/2022 BUDGET USED BUDGET Fund 203 - LOCAL STREETS Revenues 203-000-492 TELECOM FRANCHISE FEES 0.00 0.00 200,000.00 0% 200,000.00 203-000-553 STATE RECEIPT LOCAL 131,226.78 121,442.77 1,280,000.00 10% 1,280,000.00 203-000-581 LRP LOCAL ROADS PROGRAM 1,844.11 1,845.73 20,000.00 9% 20,000.00 203-000-657-004802 REIMB:SERVICES RENDERED 0.00 7,285.15 5,000.00 0% 5,000.00 203-000-665-004970 INTEREST INCOME 458.42 702.12 2,500.00 18% 2,500.00 203-000-684-004800 MISC. & SUNDRY 0.00 99.64 0.00 0% 0.00 203-000-699 OPERATING TRANSFERS IN 0.00 0.00 400,000.00 0% 400,000.00 203-575-684 MISC. & SUNDRY 0.00 6.14 0.00 0% 0.00 TOTAL REVENUES 133,529.31 131,381.55 1,907,500.00 7% 1,907,500.00 Expenditures 450 ROUTINE MAINTENANCE 113,906.27 30,106.08 844,373.00 13% 844,373.00 451 POTHOLE PATCHING 0.00 7,178.44 0.00 0% 0.00 458 ALLEY MAINTENANCE 0.00 3,523.49 0.00 0% 0.00 459 BRINING 0.00 364.83 0.00 0% 0.00 460 PAVEMENT SURFACE MAINTENANCE 0.00 53,915.86 0.00 0% 0.00 461 UNPAVED SURFACE MAINTENANCE 0.00 512.01 0.00 0% 0.00 462 ROAD SIDE CLEANUP 0.00 23.38 0.00 0% 0.00 463 WINTER MAINTENANCE 0.00 0.00 247,449.00 0% 247,449.00 468 PAVEMENT SPALL & POT HOLE REPAIR 0.00 187.04 0.00 0% 0.00 519 TRAFFIC SERVICES 3,726.78 579.13 12,526.00 30% 12,526.00 564 DRAINAGE MAINTENANCE 34,899.83 2,764.49 41,499.00 84% 41,499.00 565 CATCH BASINS 0.00 4,461.52 0.00 0% 0.00 571 TREES & SCHRUBS 0.00 19,646.51 0.00 0% 0.00 573 MISCELLANEOUS EXPENSES 0.00 2,784.70 0.00 0% 0.00 574 ADMINISTRATION & RECORDKEEPING 66,533.25 195,764.94 266,133.00 25% 266,133.00 575 576 LEAVES SIGN & BENEFITS FABRICATION 36,008.57 0.00 46,421.56 838.70 266,412.00 0.00 14% 0% 266,412.00 0.00 Added Millard and Edgewater $275,000 each. Engineering for 901 CAPITAL PROJECTS 29,353.46 6,212.40 400,000.00 7% 1,025,000.00 New and 2nd $75,000 TOTAL EXPENDITURES 284,428.16 375,285.08 2,078,392.00 14% 2,703,392.00 Fund 203 - LOCAL STREETS: TOTAL REVENUES 133,529.31 131,381.55 1,907,500.00 7% 1,907,500.00 TOTAL EXPENDITURES 284,428.16 375,285.08 2,078,392.00 14% 2,703,392.00 NET OF REVENUES & EXPENDITURES (150,898.85) (243,903.53) (170,892.00) (795,892.00) 11/06/2023 REVENUE AND EXPENDITURE REPORT FOR CITY OF MUSKEGON PERIOD ENDING 09/30/2023 THIS REPORT COMPARES CY ACTUAL REVENUES/EXPENSES WITH BUDGETED AMOUNTS AND WITH PRIOR YEAR ACTUALS 2023-24 YTD BALANCE YTD BALANCE ORIGINAL % BDGT 1ST QUARTER GL NUMBER DESCRIPTION 09/30/2023 09/30/2022 BUDGET USED REFORECAST Fund 232 - HARBOR WEST BROWNFIELD Revenues 232-000-402 PROPERTY TAX 0.00 0.00 11,300.00 0% 12,900.00 TOTAL REVENUES 0.00 0.00 11,300.00 0% 12,900.00 Expenditures 735 DEVELOPMENT ACTIVITY 994.00 0.00 0.00 100% 0.00 TOTAL EXPENDITURES 994.00 0.00 0.00 100% 0.00 Fund 232 - HARBOR WEST BROWNFIELD: TOTAL REVENUES 0.00 0.00 11,300.00 0% 12,900.00 TOTAL EXPENDITURES 994.00 0.00 0.00 100% 0.00 NET OF REVENUES & EXPENDITURES (994.00) 0.00 11,300.00 12,900.00 Fund 233 - SCATTERED HOUSING BROWNFIELD FUN Revenues 233-000-402 SCATTERED HOUSING BROWNFIELD FUN 0.00 0.00 61,100.00 0% 97,000.00 TOTAL REVENUES 0.00 0.00 61,100.00 0% 97,000.00 Expenditures 901 CAPITAL PROJECTS 0.00 0.00 900.00 0% 900.00 TOTAL EXPENDITURES 0.00 0.00 900.00 0% 900.00 Fund 233 - SCATTERED HOUSING BROWNFIELD FUN: TOTAL REVENUES 0.00 0.00 61,100.00 0% 97,000.00 TOTAL EXPENDITURES 0.00 0.00 900.00 0% 900.00 NET OF REVENUES & EXPENDITURES 0.00 0.00 60,200.00 96,100.00 Fund 234 - BROWNFIELD AUTHORITY (PIGEON HILL) Revenues 234-000-402 PROPERTY TAX 0.00 0.00 20,500.00 0% 16,000.00 234-000-665-004970 INTEREST INCOME 1.80 2.55 0.00 100% 0.00 TOTAL REVENUES 1.80 2.55 20,500.00 0% 16,000.00 Expenditures 717 BROWNFIELD 2,121.50 0.00 20,500.00 10% 16,000.00 TOTAL EXPENDITURES 2,121.50 0.00 20,500.00 10% 16,000.00 Fund 234 - BROWNFIELD AUTHORITY (PIGEON HILL): TOTAL REVENUES 1.80 2.55 20,500.00 0% 16,000.00 TOTAL EXPENDITURES 2,121.50 0.00 20,500.00 10% 16,000.00 NET OF REVENUES & EXPENDITURES (2,119.70) 2.55 0.00 0.00 Fund 235 - BROWNFIELD AUTHORITY (BETTEN) Revenues 235-000-402 PROPERTY TAX 0.00 0.00 143,900.00 0% 154,000.00 235-000-428 REIMBURSEMENT STATE 0.00 0.00 11,000.00 0% 11,000.00 TOTAL REVENUES 0.00 0.00 154,900.00 0% 165,000.00 Expenditures 906 DEBT SERVICE 4,919.89 7,263.41 7,300.00 67% 7,300.00 TOTAL EXPENDITURES 4,919.89 7,263.41 7,300.00 67% 7,300.00 Fund 235 - BROWNFIELD AUTHORITY (BETTEN): TOTAL REVENUES 0.00 0.00 154,900.00 0% 165,000.00 TOTAL EXPENDITURES 4,919.89 7,263.41 7,300.00 67% 7,300.00 NET OF REVENUES & EXPENDITURES (4,919.89) (7,263.41) 147,600.00 157,700.00 Fund 236 - BROWNFIELD AUTHORITY (FORMER MALL SITE) Revenues 236-000-402 PROPERTY TAX 0.00 0.00 242,900.00 0% 253,000.00 236-000-428 REIMBURSEMENT STATE 0.00 0.00 13,600.00 0% 13,600.00 236-000-665-004970 INTEREST INCOME 85.53 59.55 185.00 46% 185.00 TOTAL REVENUES 85.53 59.55 256,685.00 0% 266,785.00 Expenditures 999 TRANSFERS TO OTHER FUNDS 0.00 0.00 256,685.00 0% 266,785.00 TOTAL EXPENDITURES 0.00 0.00 256,685.00 0% 266,785.00 Fund 236 - BROWNFIELD AUTHORITY (FORMER MALL SITE): TOTAL REVENUES 85.53 59.55 256,685.00 0% 266,785.00 TOTAL EXPENDITURES 0.00 0.00 256,685.00 0% 266,785.00 NET OF REVENUES & EXPENDITURES 85.53 59.55 0.00 0.00 Fund 237 - BROWNFIELD AUTHORITY TERRACE POINT Revenues 237-000-402 PROPERTY TAX 0.00 0.00 404,800.00 0% 433,000.00 237-000-665-004970 INTEREST INCOME 27.57 4.16 15.00 184% 15.00 TOTAL REVENUES 27.57 4.16 404,815.00 0% 433,015.00 Expenditures 716 TERRACE POINT LANDING 29,532.00 0.00 375,300.00 8% 375,300.00 TOTAL EXPENDITURES 29,532.00 0.00 375,300.00 8% 375,300.00 Fund 237 - BROWNFIELD AUTHORITY TERRACE POINT: TOTAL REVENUES 27.57 4.16 404,815.00 0% 433,015.00 TOTAL EXPENDITURES 29,532.00 0.00 375,300.00 8% 375,300.00 NET OF REVENUES & EXPENDITURES (29,504.43) 4.16 29,515.00 57,715.00 Fund 238 - SWEETWATER BROWNFIELD Revenues 238-000-402 PROPERTY TAX 0.00 0.00 77,600.00 0% 64,000.00 238-000-665-004970 INCOME TAX-PENALTY & INTEREST 4.76 0.00 0.00 100% 0.00 TOTAL REVENUES 4.76 0.00 77,600.00 100% 64,000.00 Expenditures 717 BROWNFIELD 5,678.50 0.00 72,000.00 8% 64,000.00 TOTAL EXPENDITURES 5,678.50 0.00 72,000.00 8% 64,000.00 Fund 238 - SWEETWATER BROWNFIELD: TOTAL REVENUES 4.76 0.00 77,600.00 0% 64,000.00 TOTAL EXPENDITURES 5,678.50 0.00 72,000.00 8% 64,000.00 NET OF REVENUES & EXPENDITURES (5,673.74) 0.00 5,600.00 0.00 Fund 250 - LOCAL DEVELOPMENT FINANCE AUTHORITY FUND Revenues 250-000-402 PROPERTY TAX 0.00 0.00 86,300.00 0% 103,000.00 250-000-428 REIMBURSEMENT STATE 0.00 0.00 3,400.00 0% 3,400.00 250-000-665-004970 INTEREST INCOME 58.08 89.94 0.00 100% 0.00 250-000-699-100000 OP. TRANS FROM GENERAL FUND 50,000.01 50,000.01 20,000.00 250% 20,000.00 TOTAL REVENUES 50,058.09 50,089.95 109,700.00 46% 126,400.00 Expenditures 906 DEBT SERVICE (1,387.17) 41,118.43 108,824.00 -1% 108,824.00 TOTAL EXPENDITURES (1,387.17) 41,118.43 108,824.00 -1% 108,824.00 Fund 250 - LOCAL DEVELOPMENT FINANCE AUTHORITY FUND: TOTAL REVENUES 50,058.09 50,089.95 109,700.00 46% 126,400.00 TOTAL EXPENDITURES (1,387.17) 41,118.43 108,824.00 -1% 108,824.00 NET OF REVENUES & EXPENDITURES 51,445.26 8,971.52 876.00 17,576.00 Fund 394 - DOWNTOWN DEVELOPMENT AUTH DS Revenues 394-000-402 PROPERTY TAX 0.00 0.00 400,000.00 0% 482,000.00 394-000-540 STATE GRANTS 0.00 2,625.00 0.00 0% 0.00 394-000-613 EVENT REVENUE 0.00 205.00 200,000.00 0% 200,000.00 394-000-665-004970 INTEREST INCOME 351.96 286.84 0.00 100% 0.00 394-000-679-004845 FUNDRAISING REVENUE 0.00 (350.00) 15,000.00 0% 15,000.00 394-000-679-004846 SPONSORSHIP REVENUE 0.00 (4,726.00) 17,000.00 0% 17,000.00 394-000-679-004847 SPONSORSHIP REVENUE - MUSK ART FAIR 0.00 0.00 25,000.00 0% 25,000.00 TOTAL REVENUES 351.96 (1,959.16) 657,000.00 0% 739,000.00 Expenditures 703 DOWNTOWN MUSKEGON BID 25,240.58 23,690.55 185,802.00 14% 185,802.00 778 LAKESHORE ART FESTIVAL 1,554.08 14,109.76 160,000.00 1% 160,000.00 780 TASTE OF MUSKEGON 0.00 9,797.91 90,000.00 0% 90,000.00 809 EVENTS 3,411.25 540.16 0.00 100% 0.00 906 DEBT SERVICE 20,705.97 35,341.68 200,000.00 10% 200,000.00 TOTAL EXPENDITURES 50,911.88 83,480.06 635,802.00 8% 635,802.00 Fund 394 - DOWNTOWN DEVELOPMENT AUTH DS: TOTAL REVENUES 351.96 (1,959.16) 657,000.00 0% 739,000.00 TOTAL EXPENDITURES 50,911.88 83,480.06 635,802.00 8% 635,802.00 NET OF REVENUES & EXPENDITURES (50,559.92) (85,439.22) 21,198.00 103,198.00 Fund 395 - TIFA DEBT SERVICE Revenues 395-000-402 PROPERTY TAX 0.00 0.00 45,000.00 0% 47,000.00 395-000-428 REIMBURSEMENT STATE 0.00 0.00 9,800.00 0% 9,800.00 395-000-665-004970 INTEREST INCOME 16.47 17.21 0.00 100% 0.00 TOTAL REVENUES 16.47 17.21 54,800.00 0% 56,800.00 Expenditures 906 DEBT SERVICE 12,500.01 12,500.01 50,000.00 25% 50,000.00 TOTAL EXPENDITURES 12,500.01 12,500.01 50,000.00 25% 50,000.00 Fund 395 - TIFA DEBT SERVICE: TOTAL REVENUES 16.47 17.21 54,800.00 0% 56,800.00 TOTAL EXPENDITURES 12,500.01 12,500.01 50,000.00 25% 50,000.00 NET OF REVENUES & EXPENDITURES (12,483.54) (12,482.80) 4,800.00 6,800.00 11/06/2023 REVENUE AND EXPENDITURE REPORT FOR CITY OF MUSKEGON PERIOD ENDING 09/30/2023 THIS REPORT COMPARES CY ACTUAL REVENUES/EXPENSES WITH BUDGETED AMOUNTS AND WITH PRIOR YEAR ACTUALS 2023-24 YTD BALANCE YTD BALANCE ORIGINAL % BDGT 1ST QUARTER GL NUMBER DESCRIPTION 09/30/2023 09/30/2022 BUDGET USED REFORECAST Fund 254 - MERCY HEALTH ARENA Revenues 254-000-613-004691 EVENT REVENUE 2,404.04 14,584.78 420,000.00 1% 420,000.00 254-000-613-004696 CONCESSION NON ALCHOLIC 1,458.24 12,695.87 85,000.00 2% 85,000.00 254-000-613-004699 FOOD HUB 0.00 0.00 25,000.00 0% 25,000.00 254-000-614-004630 CARLISLES 16,324.39 27,246.56 100,000.00 16% 100,000.00 254-000-614-004639 RAD DADS 54,277.80 84,800.66 250,000.00 22% 250,000.00 254-000-614-004640 TICKET SURCHARGE 248.02 3,650.69 40,000.00 1% 40,000.00 254-000-614-004646 CONCESSIONS FOOD 1,365.40 1,202.99 100,000.00 1% 100,000.00 254-000-614-004697 ALCOHOLIC BEVERAGE 9,165.85 6,766.97 175,000.00 5% 175,000.00 254-000-614-004698 FLOOR RENTAL 20,627.00 39,505.00 250,000.00 8% 250,000.00 254-000-620-004619 MISC. SALES AND SERVICES 4,091.42 2,059.44 7,000.00 58% 7,000.00 254-000-626-004666 PARKING LOT RENTAL - WESTERN AVENUE 0.00 4,337.50 35,000.00 0% 35,000.00 Negotiating higher lease...currently operating with 3-4 therapists (extra 254-000-632 ANNEX REVENUE 4,537.50 1,512.50 42,000.00 11% 55,000.00 $22,600 max) 254-000-642-004652 SALES & SERVICE 0.00 0.00 500.00 0% 500.00 254-000-657-004802 REIMB:SERVICES RENDERED 1,230.00 0.00 1,000.00 123% 1,000.00 254-000-665-004970 INTEREST INCOME 2,832.00 3,096.53 7,500.00 38% 7,500.00 254-000-667-004667 PARKING LOT RENTAL - SHORELINE 0.00 0.00 4,000.00 0% 4,000.00 254-000-667-004677 RENT 0.00 63,752.30 150,000.00 0% 150,000.00 254-000-671 ADVERTISING REVENUE 1,500.00 0.00 120,000.00 1% 120,000.00 254-000-684-004800 MISC. & SUNDRY 6,270.27 2.11 10,000.00 63% 10,000.00 254-000-699-100000 OP. TRANS FROM GENERAL FUND 3,239.46 0.00 400,000.00 1% 400,000.00 TOTAL REVENUES 129,571.39 265,213.90 2,222,000.00 6% 2,235,000.00 Expenditures 806 is our expeditures except Carlisles and Projects...Carlisles was give 812. Everything else is included in 806. Additional expenses are capital outlays increasing by $40,000 for arena 806 MERCY HEALTH ARENA 382,608.06 403,033.50 2,091,963.00 18% 2,103,703.00 glass... 812 CARLISLE 16,258.67 22,359.54 55,000.00 30% 55,000.00 Coalition Companies ADA/ARPA was added...had to increase to $3,300 because $3,239 901 CAPITAL PROJECTS 3,239.46 516,633.75 73,935.00 4% 77,235.00 was spent. TOTAL EXPENDITURES 402,106.19 942,026.79 2,220,898.00 18% 2,235,938.00 Fund 254 - MERCY HEALTH ARENA: TOTAL REVENUES 129,571.39 265,213.90 2,222,000.00 6% 2,235,000.00 TOTAL EXPENDITURES 402,106.19 942,026.79 2,220,898.00 18% 2,235,938.00 NET OF REVENUES & EXPENDITURES (272,534.80) (676,812.89) 1,102.00 (938.00) 11/06/2023 REVENUE AND EXPENDITURE REPORT FOR CITY OF MUSKEGON PERIOD ENDING 09/30/2023 THIS REPORT COMPARES CY ACTUAL REVENUES/EXPENSES WITH BUDGETED AMOUNTS AND WITH PRIOR YEAR ACTUALS 2023-24 YTD BALANCE YTD BALANCE ORIGINAL % BDGT 1ST QUARTER GL NUMBER DESCRIPTION 09/30/2023 09/30/2022 BUDGET USED REFORECAST Fund 445 - PUBLIC IMPROVEMENT Revenues 445-000-626-004651 REIMBURSEMENT 0.00 0.00 250,000.00 0% 250,000.00 445-000-665-004970 INTEREST INCOME 1,664.31 498.15 0.00 100% 0.00 445-000-667-004674 RENTAL - CITY HALL 0.00 3,900.00 0.00 0% 0.00 445-000-667-004677 RENT 2,600.00 0.00 0.00 100% 0.00 445-000-671 LEASE BILLBOARDS 375.00 2,500.00 0.00 100% 0.00 445-000-674-004805 CONTRIBUTIONS 0.00 20,717.50 0.00 0% 0.00 445-000-677-004808 SALE OF LAND 688,972.25 69,640.80 1,150,000.00 60% 1,150,000.00 445-000-679-004847 SPONSORSHIP REVENUE - PARKS 37,500.00 37,500.00 135,000.00 28% 135,000.00 445-000-684-004800 MISC. & SUNDRY 238.00 0.00 0.00 100% 0.00 445-000-699 OPERATING TRANSFERS IN 0.00 0.00 130,000.00 0% 130,000.00 TOTAL REVENUES 731,349.56 134,756.45 1,665,000.00 44% 1,665,000.00 Expenditures 728 ECONOMIC DEVELOPMENT 29,015.37 0.00 0.00 100% 0.00 807 WESTERN AVENUE CHALETS 0.00 0.00 25,000.00 0% 25,000.00 Added $60,000 for Nelson House Move and $400,000 for PM 901 CAPITAL PROJECTS 1,881,426.44 129,209.66 2,424,000.00 78% 2,884,000.00 South Restroom. TOTAL EXPENDITURES 1,910,441.81 129,209.66 2,449,000.00 78% 2,909,000.00 Fund 445 - PUBLIC IMPROVEMENT: TOTAL REVENUES 731,349.56 134,756.45 1,665,000.00 44% 1,665,000.00 TOTAL EXPENDITURES 1,910,441.81 129,209.66 2,449,000.00 78% 2,909,000.00 NET OF REVENUES & EXPENDITURES (1,179,092.25) 5,546.79 (784,000.00) (1,244,000.00) 11/06/2023 REVENUE AND EXPENDITURE REPORT FOR CITY OF MUSKEGON PERIOD ENDING 09/30/2023 THIS REPORT COMPARES CY ACTUAL REVENUES/EXPENSES WITH BUDGETED AMOUNTS AND WITH PRIOR YEAR ACTUALS 2023-24 YTD BALANCE YTD BALANCE ORIGINAL % BDGT 1ST QUARTER GL NUMBER DESCRIPTION 09/30/2023 09/30/2022 BUDGET USED REFORECAST Fund 590 - SEWAGE DISPOSAL SYSTEM Revenues 590-000-620-004619 MISC. SALES AND SERVICES 26,700.00 30,395.00 74,000.00 36% 74,000.00 590-000-628-004605 METERED SALES 2,889,145.62 2,033,605.08 9,500,000.00 30% 9,500,000.00 590-000-638-004606 DEBT SERVICE FEE 73,175.44 0.00 473,494.00 15% 473,494.00 590-000-657-004704 PENALTIES/INTEREST/FINES 66,807.09 51,823.02 180,000.00 37% 180,000.00 590-000-665-004970 INTEREST INCOME 2,804.36 2,684.69 4,000.00 70% 4,000.00 590-000-684-004800 MISC. & SUNDRY 0.00 0.00 2,000.00 0% 2,000.00 590-000-696-004961 BOND PROCEEDS 0.00 0.00 2,980,000.00 0% 2,980,000.00 590-559-684 MISC. & SUNDRY 0.00 14.67 0.00 0% 0.00 TOTAL REVENUES 3,058,632.51 2,118,522.46 13,213,494.00 23% 13,213,494.00 Expenditures 203 PENSION ADMINISTRATION 15,659.68 18,616.24 94,055.00 17% 94,055.00 557 MUSKEGON CO. WASTEWATER TREATMENT 394,300.64 405,454.14 5,000,000.00 8% 5,000,000.00 559 WATER & SEWER MAINTENANCE 497,194.14 500,654.55 2,213,566.00 22% 2,213,566.00 901 CAPITAL PROJECTS 1,201,570.31 101,361.60 3,080,000.00 39% 3,080,000.00 Add in Recurring entries for City Service Fee and Utility 906 BOND INTEREST, INSURANCE & OTHER 195,506.25 365,240.94 351,351.00 56% 631,668.72 Administration TOTAL EXPENDITURES 2,304,231.02 1,391,327.47 10,738,972.00 21% 11,019,289.72 Fund 590 - SEWAGE DISPOSAL SYSTEM: TOTAL REVENUES 3,058,632.51 2,118,522.46 13,213,494.00 23% 13,213,494.00 TOTAL EXPENDITURES 2,304,231.02 1,391,327.47 10,738,972.00 21% 11,019,289.72 NET OF REVENUES & EXPENDITURES 754,401.49 727,194.99 2,474,522.00 2,194,204.28 11/06/2023 REVENUE AND EXPENDITURE REPORT FOR CITY OF MUSKEGON PERIOD ENDING 09/30/2023 THIS REPORT COMPARES CY ACTUAL REVENUES/EXPENSES WITH BUDGETED AMOUNTS AND WITH PRIOR YEAR ACTUALS 2023-24 YTD BALANCE YTD BALANCE ORIGINAL % BDGT 1ST QUARTER GL NUMBER DESCRIPTION 09/30/2023 09/30/2022 BUDGET USED REFORECAST Fund 591 - WATER SUPPLY SYSTEM Revenues 591-000-540 STATE GRANTS 0.00 85,200.62 460,000.00 0% 460,000.00 591-000-620-004619 MISC. SALES AND SERVICES 73,968.79 23,255.83 150,000.00 49% 150,000.00 591-000-628-004605 METERED SALES 1,334,632.25 780,734.12 3,500,000.00 38% 3,500,000.00 591-000-637 WHOLESALE WATER 1,426,358.54 1,511,657.23 4,520,000.00 32% 4,520,000.00 591-000-638-004606 DEBT SERVICE FEE 186,156.19 0.00 1,206,318.00 15% 1,206,318.00 591-000-642-004652 TOWNSHIP MAINTENANCE CONTRACT 29,836.62 10,971.21 100,000.00 30% 100,000.00 591-000-644-004618 LEAD REPLACEMENT FEE 189,604.71 188,680.00 750,000.00 25% 750,000.00 591-000-657-004704 PENALTIES/INTEREST/FINES 48,251.83 25,657.07 100,000.00 48% 100,000.00 591-000-657-004802 REIMB:SERVICES RENDERED 11,777.91 11,872.13 35,000.00 34% 35,000.00 591-000-684-004800 MISC. & SUNDRY 2,699.30 1,191.54 10,000.00 27% 10,000.00 591-000-692-004661 LEASE/RENTAL 48,869.53 17,770.23 200,000.00 24% 200,000.00 591-000-696-004961 BOND PROCEEDS 0.00 0.00 3,835,520.00 0% 3,835,520.00 591-558-684 MISC. & SUNDRY 0.00 2.27 0.00 0% 0.00 591-559-684 MISC. & SUNDRY 0.00 14.39 0.00 0% 0.00 TOTAL REVENUES 3,352,155.67 2,657,006.64 14,866,838.00 23% 14,866,838.00 Expenditures 203 PENSION ADMINISTRATION 31,015.32 36,871.04 186,284.00 17% 186,284.00 555 LEAD SERVICE LINE 193,689.45 173,173.70 736,747.00 26% 736,747.00 558 WATER SUPPLY & FILTRATION 755,537.14 652,038.69 3,056,633.00 25% 3,056,633.00 559 WATER & SEWER MAINTENANCE 883,300.36 709,022.16 3,143,232.00 28% 3,143,232.00 560 WATER & SEWER MAINTENANCE-TWP 12,500.21 15,512.39 58,674.00 21% 58,674.00 901 CAPITAL PROJECTS 921,064.33 354,922.42 4,828,520.00 19% 4,828,520.00 Added Budget for Bond 906 BOND INTEREST, INSURANCE & OTHER 1,415,792.82 876,472.09 787,534.00 180% 1,866,201.16 Expenses TOTAL EXPENDITURES 4,212,899.63 2,818,012.49 12,797,624.00 33% 13,876,291.16 Fund 591 - WATER SUPPLY SYSTEM: TOTAL REVENUES 3,352,155.67 2,657,006.64 14,866,838.00 23% 14,866,838.00 TOTAL EXPENDITURES 4,212,899.63 2,818,012.49 12,797,624.00 33% 13,876,291.16 NET OF REVENUES & EXPENDITURES (860,743.96) (161,005.85) 2,069,214.00 990,546.84 11/06/2023 REVENUE AND EXPENDITURE REPORT FOR CITY OF MUSKEGON PERIOD ENDING 09/30/2023 THIS REPORT COMPARES CY ACTUAL REVENUES/EXPENSES WITH BUDGETED AMOUNTS AND WITH PRIOR YEAR ACTUALS 2023-24 YTD BALANCE YTD BALANCE ORIGINAL % BDGT 1ST QUARTER GL NUMBER DESCRIPTION 09/30/2023 09/30/2022 BUDGET USED REFORECAST Fund 677 - GENERAL INSURANCE Revenues 677-000-626-004651 REIMBURSEMENT 61.25 0.00 0.00 100% 0.00 677-000-642-004652 REIMBURSEMENT RETIREE HEALTHCARE 0.00 0.00 1,500,000.00 0% 1,500,000.00 677-000-665-004970 INTEREST INCOME 2,477.83 3,432.78 0.00 100% 0.00 677-000-674 CONTRIBUTIONS 73,795.45 111,411.84 422,000.00 17% 422,000.00 677-000-677-004807 COBRA RECEIPTS 1,981.87 3,019.18 5,000.00 40% 5,000.00 677-000-692 INTERDEPT.CHARGES 888,922.50 861,346.30 3,600,000.00 25% 3,600,000.00 677-272-684 MISC. & SUNDRY 0.00 3.60 0.00 0% 0.00 TOTAL REVENUES 967,238.90 979,213.70 5,527,000.00 18% 5,527,000.00 Expenditures Masks, MERS Conference Finance, JJ Keller Increase, EAWM table 272 INSURANCE SERVICES 1,612,153.55 1,262,795.47 3,253,694.00 50% 3,257,797.50 increase TOTAL EXPENDITURES 1,612,153.55 1,262,795.47 3,253,694.00 50% 3,257,797.50 Fund 677 - GENERAL INSURANCE: TOTAL REVENUES 967,238.90 979,213.70 5,527,000.00 18% 5,527,000.00 TOTAL EXPENDITURES 1,612,153.55 1,262,795.47 3,253,694.00 50% 3,257,797.50 NET OF REVENUES & EXPENDITURES (644,914.65) (283,581.77) 2,273,306.00 2,269,202.50
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