City Commission Packet 04-09-2024

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      CITY OF MUSKEGON
       CITY COMMISSION MEETING
                 April 9, 2024 @ 5:30 PM
     MUSKEGON CITY COMMISSION CHAMBERS
    933 TERRACE STREET, MUSKEGON, MI 49440


                                 AGENDA
☐   CALL TO ORDER:

☐   PRAYER:

☐   PLEDGE OF ALLEGIANCE:

☐   ROLL CALL:

☐   HONORS, AWARDS, AND PRESENTATIONS:
    A. Introduction of New Staff to Community and Neighborhood Services-
        Alicia Petty Community & Neighborhood Services
☐   PUBLIC COMMENT ON AGENDA ITEMS:

☐   CONSENT AGENDA:
    A. Approval of Minutes City Clerk
    B. Sale of 704 Leonard - Vacant Unbuildable Lot Planning
    C. Sale of 1962 & 1992 Brunswick to Newkirk Electric. Planning
    D. Aggregates, Maintenance Materials & Concrete Public Works
    E. Trinity Health Arena Facility Upgrades (Locker-rooms A & E) Arena
    F. Muskegon County Intergovernmental Joint Bidding Agreement for Traffic
       Signal Maintenance Public Works
    G. Sale of 435 Monroe Avenue, Muskegon, MI 49441 Community &
       Neighborhood Services
    H. Entity Name Update for Allen Edwin PILOT Agreement Economic
       Development
    I. Resolution for Allen Edwin Infill Housing Project (Updated Entity Name)



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        Economic Development
    J. Liquid Sodium Hypochlorite Contract DPW- Water Filtration Plan
    K. Parks Capital Improvement Plan Draft & Master Plan Survey Results DPW-
       Parks
    L. Equipment Purchase – Fleet Vehicles DPW- Equipment & Sanitation
    M. Equipment Purchase - Trailers DPW- Equipment & Sanitation
    N. Asset Management Software DPW- Water Filtration Plan
    O. Easement Modification for former Giddings Right of Way Economic
       Development
☐   PUBLIC HEARINGS:

☐   UNFINISHED BUSINESS:

☐   NEW BUSINESS:
    A. Water & Sewer Rate Changes Public Works
    B. Froebel School Access and Construction Agreement with Muskegon
       County Land Bank Economic Development
    C. Equipment Purchase - Plow Truck

          DPW- Equipment & Sanitation
    D. Playground surfacing and installation for Margaret Drake Elliot, Sheldon &
       McCrae Park. DPW- Parks
☐   ANY OTHER BUSINESS:

☐   PUBLIC COMMENT ON NON-AGENDA ITEMS:
►   Reminder: Individuals who would like to address the City Commission shall do the following:
►   Fill out a request to speak form attached to the agenda or located in the back of the room.
►   Submit the form to the City Clerk.
►   Be recognized by the Chair.
►   Step forward to the microphone.
►   State name and address.
►   Limit of 3 minutes to address the Commission.

☐   CLOSED SESSION:

☐   ADJOURNMENT:

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


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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 St. Muskegon, MI 49440. (231)724-6705.
clerk@shorelinecity.com




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                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: April 9, 2024           Title: Approval of Minutes

Submitted by: Ann Meisch, City Clerk             Department: City Clerk

Brief Summary:
To approve the minutes of the March 26, 2024 Regular Commission Meeting.

Detailed Summary & Background:

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:


Goal/Action Item:

Amount Requested:                                Budgeted Item:
                                                 Yes            No            N/A

Fund(s) or Account(s):                           Budget Amendment Needed:
                                                 Yes            No            N/A

Recommended Motion:
Approve the minutes.

Approvals:                                       Guest(s) Invited / Presenting:
Immediate Division
Head                                              No

Information
Technology
Other Division Heads
Communication
Legal Review




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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
             March 26, 2024 @ 5:30 PM
   MUSKEGON CITY COMMISSION CHAMBERS
  933 TERRACE STREET, MUSKEGON, MI 49440
                                MINUTES

CALL TO ORDER
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 PM, Tuesday, March 26, 2024.
Pastor E.J. Wood, All Shores Wesleyan Church, opened the meeting with prayer,
after which the Commission and public recited the Pledge of Allegiance to the
Flag.

ROLL CALL
Present: Mayor Ken Johnson, Vice Mayor Rebecca St. Clair, Commissioners
Katrina Kochin, Willie German, Jr., Jay Kilgo, and Rachel Gorman. City Manager
Jonathan Seyferth, City Attorney John Schrier, and City Clerk Ann Marie Meisch

Absent: Commissioner Destinee Keener

HONORS, AWARDS, AND PRESENTATIONS


   A. Introduction of New Staff Sarah Romine, Planner II City Clerk
Planning Manager Mike Franzak introduced new staff member Sarah Romine,
Planner II.

PUBLIC COMMENT ON AGENDA ITEMS
No public comments were received

2024-28 CONSENT AGENDA

Mayor Johnson called for a vote to approve the consent agenda minus items
B, C, D, E and F.



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ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and German
           Nays: None
MOTION PASSES
    A. Approval of Minutes City Clerk
To approve the minutes of the March 11, 2024 Worksession and the March 12,
2024 Regular Meeting.

STAFF RECOMMENDATION: To approve the minutes.

2024-29 REMOVED FROM CONSENT


    B. Purchase of 1698 Wood St. Community & Neighborhood Services
To approve CNS Director- Sharonda Carson to purchase 1698 Wood St Ave.
Muskegon MI 49442. CNS would like to purchase 1698 Wood St, a single family
home, for rehabilitation utilizing HOME funding. The property falls under housing
preservation and will be owned by the city to support affordable housing efforts
and promote home ownership for low-income families. The home has been
brought down to the studs, thus making our investment in rehab less than
anticipated. We are estimating a rehab cost of less than $50,000 before the
home can be listed for resale.

AMOUNT REQUESTED:                        $65,000
FUND OR ACCOUNT:                         HOME 2022/2023
STAFF RECOMMENDATION: To approve CNS staff to purchase 1689 Wood St for
rehabilitation and resale.To approve CNS Director- Sharonda Carson to
purchase 1698 Wood St Ave. Muskegon MI 49442.

Motion by Commissioner Kilgo, second by Vice Mayor St.Clair, to approve CNS
staff to purchase 1689 Wood St for rehabilitation and resale.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson and Kilgo
           Nays: None
MOTION PASSES

    C. CSX Property Restrictive Covenant Public Works
Staff requests approval of a Response Activity Plan (RAP) and Restrictive
Covenant (RC) regarding the recently purchased CSX rail corridor, and
permission for the Mayor to sign the RC, subject to approval by the state.
The bike path on the Adelaide Pointe property was built using federal funds,


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and therefore when removed as a part of the Adelaide Pointe development
the City entered into a "conversion" with the Michigan Department of Natural
Resources (MDNR). That conversion process will result in a different recreation
asset within the City being encumbered by those federal funds and the
associated restrictions. The City has proposed and received preliminary
approval to encumber the recently acquired CSX railroad corridor that is
adjacent to the Lakeshore Trail.

An environmental assessment (EA) was completed as a part of the conversion
process, and that EA identified locations in the CSX property that have higher
than normal concentrations of certain legacy industrial chemicals. In order to
receive final approval of the conversion, a Response Activity Plan (RAP) must be
approved by the Michigan Department of Environment, Great Lakes and
Energy (EGLE) and a and Restrictive Covenant (RC) must be placed on the CSX
property. The documents detail how those areas will be mitigated and
managed by the City going forward. Specifically, certain areas of the property
are proposed to receive a 2-foot thick soil cap. Signature and recording will not
take place until both the RAP and RC are approved by EGLE.

STAFF RECOMMENDATION: Approval of a Response Activity Plan (RAP) and
Restrictive Covenant (RC) regarding the recently purchased CSX rail corridor,
and permission for the Mayor to sign the RC, subject to approval by the state.

Motion by Vice Mayor St.Clair, second by Commissioner German, to approve a
Response Activity Plan (RAP) and Restrictive Covenant (RC) regarding the
recently purchased CSX rail corridor, and permission for the Mayor to sign the
RC, subject to approval by the state.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson and Kilgo
           Nays: None
MOTION PASSES
    D. Contract Award: H92344 Edgewater & H92340 Millard DPW- Engineering
Staff is requesting authorization to approve a contract with McCormick Sand,
Inc. in the amount of $822,395.00 for road reconstruction work on Edgewater,
Lakeshore Drive to Thompson; and Millard, Lake Dune to dead end.

Bids were solicited for a construction project to reconstruct Edgewater;
Lakeshore Drive to Thompson; and Millard; Lake Dune to dead end. McCormick
Sand provided the low bid.
The bids did come in over budget by almost $300,000, however the consistency
in the bid prices from firm to firm suggests the pricing is accurate. The streets
funds have a healthy fund reserve and can absorb the additional costs; during



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the FY24-25 budgeting process the capital improvement plan (CIP) will be
reviewed to make sure that included projects are within the funds available.

AMOUNT REQUESTED:         $822,395.00
FUND OR ACCOUNT:          202-901-801-92344 - Edgewater $425,000.00
                          203-901-801-92340 - Millard $397,395.00
STAFF RECOMMENDATION: Move to authorize staff to enter into a contract with
McCormick Sand, Inc., in the amount of $822,395.00 for the reconstruction of
Edgewater and Millard according to the construction plans.

Motion by Commissioner Kochin, second by Vice Mayor St.Clair, to authorize
staff to enter into a contract with McCormick Sand, Inc., in the amount of
$822,395.00 for the reconstruction of Edgewater and Millard according to the
construction plans.
ROLL VOTE: Ayes: Kilgo, Keener, German, Gorman, Kochin, St.Clair, Johnson
           Nays: None
MOTION PASSES

    E. Extension of Partnership Agreement Boys & Girls Club of the Muskegon
       Lakeshore DPW- Parks
Staff is requesting authorization to extend our contract with the Boys & Girls Club
of the Muskegon Lakeshore for temporary staffing services during the 2024
maintenance season.

The Boys & Girls Club anticipates providing approximately 8 staff split into two
teams, and in consultation with DPW, identified two service areas that they
would be well suited for:

1. Landscape maintenance, waste-removal and general support in the BID area
downtown.

2. Restroom cleaning and waste removal at various parks.
DPW typically hires up to 30 seasonal employees each year from GoodTemps
(Goodwill). The staffing provided by this agreement will take the place of an
approximately equal number of our typical seasonal employees, helping DPW
fill our roster during the labor shortage and providing employment and training
for younger community members. Temporary staffing is accounted for in the
annual budget of the departments that use these services. The employees
under this agreement are included in the parks (general) fund budget.
We have raised the contract $10,000 due to the closing of Community
Encompass work programs creating more space within the budget for this


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program, and the opportunity for recreation assistance.

AMOUNT REQUESTED:           $50,000.00
FUND OR ACCOUNT:            101-770
STAFF RECOMMENDATION: Authorize staff to contract with the Boys and Girls
Club of the Muskegon Lakeshore for temporary staffing services during the 2024
maintenance season.

Motion by Vice Mayor St.Clair, second by Commissioner German, to authorize
contract with the Boys and Girls Club of the Muskegon Lakeshore for temporary
staffing services during the 2024 maintenance season. .
ROLL VOTE: Ayes: Johnson, Kilgo, German, Gorman, Kochin and St.Clair
           Nays: None
MOTION PASSES

    F. Sale of 466, 486 Erickson; 1172, 1243, 1357 Marquette; 1554 Marcoux, 325
       Jackson, and 509 Octavius. Planning
Staff is seeking authorization to sell City-owned vacant lots at 466, 486 Erickson;
1172, 1243, 1357 Marquette; 1554 Marcoux, 325 Jackson, and 509 Octavius to
Stephen Benedict, Stephens Home and Investments LLC.

Stephen Benedict would like to purchase the City-owned buildable lots at 466,
486 Erickson; 1172, 1243, 1357 Marquette; 1554 Marcoux, 325 Jackson, and 509
Octavius to build single family homes. 325 Jackson and 509 Octavius will be split
into two buildable lots each and the lots on Jackson will be assigned new
addresses on Erickson.

STAFF RECOMMENDATION: To authorize the Code Coordinator to complete the
sale of 466, 486 Erickson; 1172, 1243, 1357 Marquette; 1554 Marcoux, 325
Jackson, and 509 Octavius, as described in the attached purchase agreement
and to have the Mayor and Clerk sign the purchase agreement.

Motion by Commissioner German, second by Vice Mayor St.Clair, authorizing
the Code Coordinator to complete the sale of 466, 486 Erickson; 1172, 1243,
1357 Marquette; 1554 Marcoux; 325 Jackson; and 509 Octavius and approve
the Mayor and Clerk sign the purchase agreement.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, German, Gorman and Kochin
           Nays: None
MOTION PASSES



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NEW BUSINESS


    A. City Manager Evaluation Process City Clerk
Removed for later consideration.

ANY OTHER BUSINESS
Mayor Johnson shared that the Parks & Recreation Department is requesting
volunteers to help with a scheduled cleanup event at the city's parks on March
29, 2024, at 10:30 a.m. Volunteers are asked to check in on March 29th at any of
the city's parks with rakes, shovels, gloves, etc. to help. The Mayor suggested,
and the commission agreed, to offer free beach passes to individuals who
volunteer for this event.

PUBLIC COMMENT ON NON-AGENDA ITEMS
Public comments received.

ADJOURNMENT
Motion by Commissioner German, second by Commissioner Kochin to adjourn
the meeting at 6:35 p.m.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and German
           Nays: None
MOTION PASSES


                                       Respectfully Submitted,



                                       Ann Marie Meisch, MMC City Clerk




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                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: April 9, 2024                Title: Sale of 704 Leonard - Vacant Unbuildable
                                                      Lot

Submitted by: Samantha Pulos, Code                    Department: Planning
Coordinator

Brief Summary:
The vacant lot at 704 Leonard is not economically feasible to build on.

Detailed Summary & Background:
704 Leonard is adjacent to 716 Leonard, recently purchased by Robin Atkin. The builder (Rudy Briggs)
for 716 Leonard has provided a statement certifying that the property at 704 Leonard is not suitable
for construction purposes. Following the current lot sale policy for non-buildable lots, we would like to
sell 704 Leonard to the homeowner of 716 Leonard for $1, plus the fee to record the deed with the
Muskegon County Register of Deeds.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Diverse housing types



Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business

Amount Requested:                                     Budgeted Item:
n/a                                                   Yes            No           N/A      x

Fund(s) or Account(s):                                Budget Amendment Needed:
n/a                                                   Yes            No           N/A      x

Recommended Motion:
Authorize the Code Coordinator to complete the sale of 704 Leonard and to have the Mayor and
Clerk sign the deed.

Approvals:                                            Guest(s) Invited / Presenting:
Immediate Division
Head                                                   No

Information
Technology




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Other Division Heads   x
Communication
Legal Review           x




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                                             QUIT CLAIM DEED

KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of 933
Terrace Street, Muskegon, Michigan 49440,

QUIT CLAIMS TO: ROBIN ATKIN, whose address is 716 Leonard, Muskegon, MI, 49442.

the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:

CITY OF MUSKEGON GUNNS SUB DIVISION OF PART OF BLOCK 2 LOT 1 AND THE WEST 10.88 FEET
OF LOT 2, BLOCK 3; Otherwise known as 704 Leonard Ave. (#24-405-003-0001-00).

for the sum of: One Dollar ($1.00)

PROVIDED, HOWEVER, whenever possible, this property is to be combined with the owner’s original parcel
#24-405-003-0002-00, otherwise known as 716 Leonard Ave.

This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207.505(h)(i) and MCLA
207.526 Sec. 6(h)(i).

Dated this 9th day of April 2024.

Signed in the presence of:                                   CITY OF MUSKEGON

______________________________                               By_________________________________
                                                             Ken Johnson, Its Mayor

______________________________                               and________________________________
                                                             Ann Marie Meisch, MMC, Its Clerk

STATE OF MICHIGAN
COUNTY OF MUSKEGON

         The foregoing instrument was acknowledged before me this 9th day of April 2024, by KEN JOHNSON
and ANN MARIE MEISCH, MMC, the Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal
corporation, on behalf of the City.

                                                             ____________________________________
PREPARED BY: Samantha Pulos                                  _______________________, Notary Public
City of Muskegon                                             Acting in the County of Muskegon, MI
933 Terrace St Rm 202                                        Muskegon County, MI
Muskegon, MI 49440                                           My Comm. Expires: ___________________
Telephone: (231) 724-6963

WHEN RECORDED RETURN TO: GRANTEE                             SEND SUBSEQUENT TAX BILLS TO: GRANTEE




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dotloop signature verification: dtlp.us/Pwm1-5j9j-ftrZ


                                                                                                         03/11/2024

                          I, Rubin Briggs, hereby states that the below mentioned parcel is
                          unbuildable
                        Parcel A: 704 Leonard 61-24-405-003-0001-00
                        LOT 1 AND THE WEST 10.88 FEET OF LOT 2 BLOCK 3,
                        GUNNS SUBDIVISION OF PART OF BLOCK 2, CITY OF
                        MUSKEGON, MUSKEGON COUNTY, MICHIGAN


                        Due to the shorten frontage, and the downward slope
                        leading into the the Ravine, this property is not suitable for
                        construction purposes.




                                                                       Rubin Briggs                 03/11/2024




                                                               Rubin Briggs
                                                                                      dotloop verified
                                                                                      03/12/24 11:53 AM EDT
                                                                                      GWKM-C280-OTR2-WJTU




                                                                                                              Page 14 of 233
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: April 9, 2024               Title: Sale of 1962 & 1992 Brunswick to Newkirk
                                                     Electric.

Submitted by: Samantha Pulos, Code                   Department: Planning
Coordinator

Brief Summary:
Staff is seeking authorization to sell the City-owned vacant lots at 1962 & 1992 Brunswick to Newkirk
Electric.

Detailed Summary & Background:
Newkirk Electric would like to purchase the City-owned buildable lots, 1962 & 1992 Brunswick, for
$25,875.00 (75% of the True Cash Value of $4,500 and $30,000 respectively) plus half of the closing
costs and the fee to register the deed. Newkirk Electric will be constructing additional fencing for
outdoor storage on the property.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Progress toward completion of ongoing economic development projects

Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business

Amount Requested:                                    Budgeted Item:
n/a                                                   Yes           No            N/A     x

Fund(s) or Account(s):                               Budget Amendment Needed:
n/a                                                   Yes           No            N/A     x

Recommended Motion:
Authorize the Code Coordinator to complete the sale of 1962 & 1992 Brunswick, as described in the
attached purchase agreement, with a condition be added that closing be delayed until approved
landscaping is complete, and to have the Mayor and Clerk sign the purchase agreement.

Approvals:                                           Guest(s) Invited / Presenting:
Immediate Division
Head                                                   No

Information
Technology
Other Division Heads       x



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Communication
Legal Review    x




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                          Agenda Item Review Form
                          Muskegon City Commission
Commission Meeting Date: April 9, 2024                 Title: Aggregates, Maintenance Materials &
                                                       Concrete

Submitted by: Todd Myers, Deputy Director of           Department: Public Works
Public Works

Brief Summary:
Staff requests award of supply of aggregates, highway maintenance materials and ready-mixed
concrete for 2024 to selected bidders.

Detailed Summary & Background:
Bids were solicited for aggregates, highway maintenance materials and ready-mixed concrete for
purchase in 2024. Purchases will be made from the recommended bidders highlighted in yellow on
the attached bid tabs. Purchases are contingent upon product availability, timely deliveries, and
prices as quoted.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Sustainability in financial practices and infrastructure

Goal/Action Item:
2027 GOAL 4: FINANCIAL INFRASTRUCTURE - Reliable and efficient short and long term financial
practices

Amount Requested:                                      Budgeted Item:
Variable                                                   Yes   X    No           N/A

Fund(s) or Account(s):                                 Budget Amendment Needed:
101, 202, 203, 590, 591                                    Yes        No       X   N/A

Recommended Motion:
Award bids for aggregates, highway maintenance materials and ready-mixed concrete purchases
for 2024 as presented.

Approvals:                                             Guest(s) Invited / Presenting:
Immediate Division          X
Head                                                       No

Information
Technology
Other Division Heads



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Communication
Legal Review




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                                                    2024 AGGGREGATES & MATERIALS BID AWARDS


MAINTENANCE MATERIALS                                                 COMPANY         TELEPHONE          BID          Unit   Deliv/Pick up
38% Liquid Calc Chloride                                    Great Lakes Chloride      574-527-0287   $         0.77    gal   Delivered
Delivered



32% Liquid Calc Chloride                                    Great Lakes Chloride      574-527-0287   $         0.66    gal   Delivered
Delivered/stored


Bituminous Asphalt 4:12, 3C Base                            Asphalt Paving            231-531-8054   $     80.00       ton   pick up/Muskegon




Bituminous Asphalt 4:12, 4C-Top                             Asphalt Paving            231-531-8054   $     80.00       ton   pick up/Muskegon




Sylvax, UPM CP-7, or ASTM Specification c-136 #9,           Unique Paving Materials   231-883-3030   $    149.35       ton   delivered
or Statite CP-6 , or similar product



AE-90 Asphalt emulsions                                     Bit Mat Products          989-684-0341   $         2.86   gal    delivered




Crack Sealant                                               P&T Products              419-621-1966   $         0.56    lb    delivered




AGGREGATES                                                            COMPANY         TELEPHONE          BID          Unit   Deliv/Pick up
H1 Limestone Chip Blend, Delivered                          Verplank Trucking         616-842-1448   $     28.25       ton   delivered




Road Slag 22A Natural, Delivered                            Verplank Trucking         616-842-1448   $     19.00       ton   delivered




Road Gravel 22A, 23A, Delivered                             Verplank Trucking         616-842-1448   $     16.00       ton   delivered




2NS Sand                                                    Alpine Contracting        231-850-3341   $         8.23    ton   delivered




Screened Top Soil                                           Accurate Excavators       231-766-0557   $     11.95      cyd    delivered




Fill Sand                                                   Accurate Excavators       231-766-0557   $         7.00   cyd    delivered




                                                                                                                                                Page 27 of 233
                                                                               Highway Maintenance Materials
                                                                                     BID TABULATION
                                                                                       April 2, 2024

                                      Contractor             Great Lakes Chloride             Michigan Paving                 P&T Products                 Sherwin Industries         Unique Paving Materials
                                        Address                  PO Box 634                   1950 Williams St              472 Industrial Pkwy           2129 West Morgan Ave            3993 E 93rd St
                                         City/St               Grand Haven, MI                   Alma, MI                     Sandusky, OH                   Milwaukee, WI                Cleveland, OH
                                         Phone                  574-527-0287                   989-600-4253                    419-621-1966                   414-281-6400                 231-883-3030
                                                 Deliver                  TOTAL                          TOTAL                          TOTAL                          TOTAL                        TOTAL
         DESCRIPTION              QTY      UNIT or Pickup UNIT PRICE      PRICE          UNIT PRICE      PRICE           UNIT PRICE     PRICE           UNIT PRICE     PRICE         UNIT PRICE     PRICE

    38% Liquid Calcium Chloride
1                                 40,000   GAL     DEL        $0.771     $30,840.00                              $0.00                          $0.00                        $0.00                         $0.00

    32% Liquid Calcium Chloride
2                                 15,000   GAL     DEL        $0.660       $9,900.00                             $0.00                          $0.00                        $0.00                         $0.00

    Hot Mix Asphalt, 3C Base
3                                  200     TON     PU                            $0.00                           $0.00                          $0.00                        $0.00                         $0.00

    Hot Mix Asphalt, 4C Top
4                                 2000     TON     PU                            $0.00                           $0.00                          $0.00                        $0.00                         $0.00

                                                   DEL                           $0.00                           $0.00                          $0.00                        $0.00      $149.35    $29,870.00
5 Sylvax Patching Materials        200     TON

                                                   PU                            $0.00                           $0.00                          $0.00                        $0.00      $124.00    $24,800.00

    AE90 Asphalt Emulsion
6                                 20,000   GAL     DEL                           $0.00        $2.89     $57,800.00                              $0.00                        $0.00                         $0.00

                                                   DEL                           $0.00                           $0.00       $0.560    $28,000.00             $0.59   $29,375.00                           $0.00
7 Crack Sealant                   50,000   LBS

                                                   PU                            $0.00                           $0.00                          $0.00         $0.55   $27,500.00                           $0.00

                                      Contractor               Michigan Paving                Ashphalt Paving                Bit Mat Products
                                        Address                 3566 Millcreek                  45 S Getty                    104 Tiernan Rd
                                         City/St              Comstock Park, MI                Muskegon, MI                    Bay City, MI
                                         Phone                  517-740-4960                   231-531-8054                    989-684-0341
                                                 Deliver                  TOTAL                          TOTAL                          TOTAL                          TOTAL                        TOTAL
         DESCRIPTION              QTY      UNIT or Pickup UNIT PRICE      PRICE          UNIT PRICE      PRICE           UNIT PRICE     PRICE           UNIT PRICE     PRICE         UNIT PRICE     PRICE

    38% Liquid Calcium Chloride
1                                 40,000   GAL     DEL                           $0.00                           $0.00                          $0.00                        $0.00                         $0.00

    32% Liquid Calcium Chloride
2                                 15,000   GAL     DEL                           $0.00                           $0.00                          $0.00                        $0.00                         $0.00

    Hot Mix Asphalt, 3C Base
3                                  200     TON     PU         $84.00     $16,800.00          $80.00     $16,000.00                              $0.00                        $0.00                         $0.00

    Hot Mix Asphalt, 4C Top
4                                 2000     TON     PU         $84.00    $168,000.00          $80.00    $160,000.00                              $0.00                        $0.00                         $0.00

                                                   DEL                           $0.00                           $0.00                          $0.00                        $0.00                         $0.00
5 Sylvax Patching Materials        200     TON

                                                   PU                            $0.00      $150.00     $30,000.00                              $0.00                        $0.00                         $0.00

    AE90 Asphalt Emulsion
6                                 20,000   GAL     DEL                           $0.00                           $0.00        $2.86    $57,200.00                            $0.00                         $0.00

                                                   DEL                           $0.00                           $0.00                          $0.00                        $0.00                         $0.00
7 Crack Sealant                   50,000   LBS

                                                   PU                            $0.00                           $0.00                          $0.00                        $0.00                         $0.00
                                                                                                                                                                                                   Page 28 of 233
                                                                          Aggregates
                                                                       BID TABULATION
                                                                         April 2, 2024

                                                          Contractor              Verplank Trucking            McCormick Sand              Accurate Excavators
                                                           Address                     PO Box 8                5430 Russell Rd               2821 Central Rd
                                                             City/St               Ferrysburg, MI               Twin Lake, MI                 Muskegon, MI
                                                             Phone                  616-842-1448                231-766-0466                  231-766-0557
                                                                    Deliver     UNIT                         UNIT                         UNIT
                DESCRIPTION                      QUANTITY     UNIT or Pickup   PRICE     TOTAL PRICE        PRICE      TOTAL PRICE       PRICE     TOTAL PRICE


1 32FA/H1 (Coarse stone-sand)                      250        TON      DEL      $28.25        $7,062.50                          $0.00                         $0.00

                                                                       PU                           $0.00                        $0.00                         $0.00

2 Road Slag, 22A                                  5,000       TON
                                                                       DEL      $19.00       $95,000.00                          $0.00                         $0.00


3 Natural Road Gravel, 22A, 23A                    250        TON      DEL      $16.00        $4,000.00                          $0.00                         $0.00

                                                                       PU                           $0.00                        $0.00                         $0.00


4 2NS Sand/Torpedo Sand                            250        TON      DEL      $13.75        $3,437.50                          $0.00                         $0.00

                                                                       PU                           $0.00                        $0.00                         $0.00


5 Screened Top Soil                                500        CYD      DEL      $12.00        $6,000.00       $17.95      $8,975.00       $11.95        $5,975.00

                                                                       PU                           $0.00     $13.50      $6,750.00       $10.00        $5,000.00


6 Fill Sand (Class II or IIIA, Not Beach Sand)    2,000       CYD      DEL       $9.00       $18,000.00        $8.15     $16,300.00        $7.00       $14,000.00

                                                                       PU                           $0.00      $3.20      $6,400.00        $3.25        $6,500.00
                                                          Contractor             Alpine Contracting          Stone CQ of Michigan           A Sharper Service
                                                           Address                  42 E 88th St              3700 Patterson Rd            5047 Candlewood Ct
                                                             City/St                Newaygo, MI                 Middleville, MI              Coopersville, MI
                                                             Phone                  231-580-3341                 269-716-6006                 616-862-9071

                                                                    Deliver     UNIT                         UNIT                         UNIT
                DESCRIPTION                      QUANTITY     UNIT or Pickup   PRICE     TOTAL PRICE        PRICE      TOTAL PRICE       PRICE     TOTAL PRICE


1 32FA/H1 (Coarse stone-sand)                      250        TON      DEL                          $0.00                        $0.00    $33.23        $8,307.50

                                                                       PU                           $0.00                        $0.00    $29.43        $7,357.50

2 Road Slag, 22A                                  5,000       TON
                                                                       DEL      $28.17      $140,850.00                          $0.00    $22.65      $113,250.00


3 Natural Road Gravel, 22A, 23A                    250        TON      DEL      $14.80        $3,700.00       $22.50      $5,625.00       $21.20        $5,300.00

                                                                       PU                           $0.00     $10.00      $2,500.00       $13.20        $3,300.00


4 2NS Sand/Torpedo Sand                            250        TON      DEL       $8.23        $2,057.50       $17.50      $4,375.00      $221.12       $55,280.00

                                                                       PU                           $0.00      $8.50      $2,125.00       $10.45        $2,612.50


5 Screened Top Soil                                500        CYD      DEL      $24.60       $12,300.00                          $0.00    $28.61       $14,305.00

                                                                       PU                           $0.00                        $0.00    $22.28       $11,140.00


6 Fill Sand (Class II or IIIA, Not Beach Sand)    2,000       CYD      DEL      $11.49       $22,980.00       $15.75     $31,500.00       $15.55       $31,100.00

                                                                       PU                           $0.00      $3.25      $6,500.00        $6.05       $12,100.00

                                                                                                                                                                       Page 29 of 233
                                                                                            Concrete
                                                                                        BID TABULATION
                                                                                          April 2, 2024


                    *Bid selection based on 7-sack mix which is the most commonly used product, inclusion of other charges for “multiple drop locations” and “small load charges”.
            It should also be noted that concrete purchases may include several miscellaneous charges, including, but not limited to, hot water, chloride, winter price, and extra unload time.



                                                                                Contractor        Port City Redi Mix                      High Grade                    Consumers Concrete Corp
                                                                                 Address          1780 Sheridan Rd                      767 E Sharman                      3506 Lovers Lane
                                                                                   City/St          Muskegon, MI                         Muskegon, MI                        Kalamazoo, MI
                                                                                   Phone            231-777-2777                         231-206-4646                        269-760-3805

                     DESCRIPTION                                    UNIT                             UNIT PRICE                          UNIT PRICE                             UNIT PRICE

1 5 Sack Mix                                                      CU.YD.                                           $142.00                                $136.00                                 $160.00

2 6 Sack Mix                                                      CU.YD.                                           $150.00                                $145.00                                 $167.00

3 7 Sack Mix*                                                     CU.YD.                                           $158.00                                $154.00                                 $176.00

4 9 Sack Mix                                                      CU.YD.                                           $174.00                                $163.00                                 $194.00

5 Minimum Load                                                   # CU YD
                                                                                                                      2 yds                                    NA                                   2 yds

                                                                  CU.YD.          4-5                              $110.00                                 $75.00                                 $100.00

                                                                  CU.YD.          3-4                              $160.00                                 $90.00
6 Small Load charge, add
                                                                  CU.YD.          2-3                              $160.00                                $110.00                                 $150.00

                                                                  CU.YD.          1-2                                    NA                               $130.00                                 $200.00

7 Separate location drop charge                                  per drop                                            $60.00                                    NA                                 $100.00

8 Extra Unloading Time                                           $ per min                                            $1.67                                    NA                   $150/hr after 45 min

  Winter Price from ___Dec______ to ____March___                     CY                                              $12.00                                $12.00                                  $13.00

  Winter Price from ____Nov______ and____April______                 CY                                               $7.00                                  $6.00                                  $6.50

  Chloride - 1%                                                   CU.YD.                                              $3.25                                  $2.50                                  $3.00

  Chloride - 2%                                                   CU.YD.                                              $6.50                                  $5.00                                  $6.00

  Other charges                                                                                     Fuel Charge $15/load                                               $15 fuel charge on sliding scale




                                                                                                                                                                                                  Page 30 of 233
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: April 9, 2024               Title: Trinity Health Arena Facility Upgrades
                                                     (Locker-rooms A & E)

Submitted by: Jake Laime, Arena Manager              Department: Arena

Brief Summary:
Staff will be seeking approval to construct new public locker-room space and storage improvements
at the Trinity Health Arena.

Detailed Summary & Background:
At the February 13, 2024 commission meeting, the Lumberjacks received approval to renovate their
business offices, locker-room and medical space. The project will provide the team with the best
amenities and continued success in player recruitment while also assisting in ADA upgrades and
forfeiting storage and office space back to arena staff. The Lumberjacks will incur the expense of
those project costs.

As a result of the Lumberjacks project, the Arena will need to reallocate space taken by the team.
Locker room A will be repurposed for Arena storage and Locker room E will be converted to a larger
and suitable space to accommodate the loss of Locker room A.

The modifications to the two arena locker rooms would ideally be made when the Lumberjacks start
their $2.5M renovation project. Transitioning Locker room A into storage provides approximately 450
square feet of much-needed on-site storage and addresses the liability of the current practice of
transporting flooring, turf and stages across Shoreline Dr. The team has offered to pay for the
demolition of Locker-room A as part of their scope of work.

The arena has three other suitable locker rooms, in B, C, and D. Locker-room E is much smaller and
currently cannot accommodate a full team. Staff are developing plans to renovate locker-room E at
a cost of approximately $145,000. This would add additional square footage, restrooms, and seating,
including bringing this lower level to ADA standards. Locker room E can be completed by August. The
fund source for the locker-room E project will come from the $1M which was reallocated as part of
the MEDC Revitalization and Placemaking (RAP) 1.0 grant program.

Staff has been working to develop a long-term solution to three downtown issues: large-capacity
public restrooms for special events and daily visitors, ADA egress from the west side of the arena, and
capacity to replace the arena’s storage that was lost in a windstorm in 2015.

Renovation of these locker-rooms is part of a continuous Capital Improvement Plan. In 2023, the city
improved ADA access from Western Ave using the small alleyway between the arena and the CIO
Hall. The walkway now consists of a ramp connecting Western Ave to the egress doors on the Arena’s
western façade. As part of the ramp construction, barrier-free entry now exists to the arena’s new
restrooms directly from the exterior of the facility. Additionally, as part of the new ramped egress, a
storage area approximately 20 feet x 25 feet was created to help store important arena assets like
football/soccer turf, floor coverings, etc. The project also included replacing the stormwater, sanitary


                                                                                              Page 31 of 233
sewers, and water mains in the alley. The City's ARPA funds were used for the non-utility
improvements, and the utility funds for the corresponding utility improvements.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Renovation of Lockerroom E to replace Lockerroom A which is being converted to on-site arena
storage.

Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Wider variety of options for greater use
of arena and convention center

Amount Requested:                                    Budgeted Item:
$145,000                                              Yes           No       X   N/A

Fund(s) or Account(s):                               Budget Amendment Needed:
RAP 1.0 Reimbursement                                 Yes      X    No           N/A

Recommended Motion:
To approve construction of the new public locker-room space and storage improvements at the
Trinity Health Arena.

Approvals:                                           Guest(s) Invited / Presenting:
Immediate Division         X
Head                                                   No

Information
Technology
Other Division Heads       X
Communication
Legal Review




                                                                                            Page 32 of 233
                                                                                    LOCKER ROOM A
                                                                                          8




                                                                                                                                                                                        CIRC.




                                                                                                                       STORAGE                    OLYMPIA RM.
                                                                                                                         115                         132A
                          JUNIOR
                       LUMBERJACKS




                                                                                                                                                        RESTORE OH
                                                                                                                                                        GRILLE

                                                                                                                              SKATE
                          JUNIOR                                                                                               116
                       LUMBERJACKS




                                                                                                                                 STOR.                                        PUMP PIT ROOM
                                                                                                                                  116A




                     EXIST. LOCKER RM E
                                                 BENCH
             BENCH




                           BENCH




                                                                                                                          PROPOSED
                                                                                                                         LOCKER ROOM E
                                                                                                                          (23 ATHLETES)




                                                                                                               BENCH




                                                                                                                                          BENCH
                                          TLT.




                       OFFICIALS




    LOCKER RM E - EXISTING                                                                              PROPOSED LOCKER ROOM E
E   1/4" = 1'-0"
                                                                                                    P   1/4" = 1'-0"




                                                                                                                                                                                                                            PRELIMINARY & ADVISORY, NOT FOR CONSTRUCTION


                                                         PROPOSED LOCKER ROOM "E" RENOVATION                                                                         EXISTING & PROPOSED FLOOR PLANS
                                                         470 WEST WESTERN AVENUE,
                                                         MUSKEGON, MI 49440                                                                                                                                                                                                           MARCH 25, 2024
                                                                                                                                                                                                                                                                                                                                                                        E1
                                                                                                                                                                                                All information appearing herein shall not be duplicated, discharged or otherwise used without the written consent of SPARK 43 ARCHITECTS, © 2023 All Rights Reserved

                                                                                                                                                                                                                                                                                                                                                                         Page 33 of 233
Trinity Health Arena
 Facility Upgrades




                       Page 34 of 233
Louis Carlisle
Walker

A founder of the
Shaw-Walker
Co.




                   Page 35 of 233
Proud Legacy Since 1960
• Arena opened in 1960.
• Gift from the estate of Louis Carlisle Walker.
• Prominent entertainment fixture in our community.
• Hosts Musical Concerts, Sporting Events, Men’s Leagues, and Youth Hockey.
• Sporting Events include: Hockey, Indoor Soccer, and Arena Football.
• Lumberjacks: Tier 1 junior Ice Hockey team in the USHL.
• Muskegon Risers: Professional Soccer team in the National Premier Soccer
  League.
• West Michigan Ironmen: Professional Arena Football team GLAF.




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Facility Upgrades -
2023
• City improved ADA access from Western Ave using
  the small alleyway between the arena and the CIO
  Hall.
• The walkway now consists of a ramp connecting
  Western Ave to the egress doors on the arena’s
  Western façade. As part of the ramp construction, a
  barrier-free entry now exists to the arena’s new
  restrooms directly from the exterior of the facility.
  As part of the new ramped egress, a storage area
  approximately 20 feet x 25 feet was also created to
  help re-allocate lost storage space.
• Fund source - $750,000 ($550,000 City ARPA funds,
  $200,000 water/sewer fund)




                                                          Page 46 of 233
Facility
Upgrades - 2024

• In 2015, the arena lost its only storage.
  With the addition of the Convention
  Center, the lost storage was never
  accounted for until 2023 when we
  invested into the Thayer St. Project.
• As part of the Lumberjacks renovation,
  we would like to repurpose Locker-room
  A giving us storage for
  forklifts, snowblowers, turf, stages, arena
  flooring, etc. This space is adjacent
  to our current "garage" and will open
  up to our overhead door. It will
  add roughly 450sq feet and allow
  everything to be on-site. Arena staff
  is currently crossing Shoreline Dr.
  to transfer this equipment.




                                                Page 47 of 233
Facility Upgrades –
2024 Cont.

• In previous slides, you see the
  evolution in the design of the
  building.
• As the concourse level continues to
  evolve based on the needs of
  our community, the arena’s
  lower level has not changed.
• The next 2 slides depict the
  proposed change.



                                        Page 48 of 233
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           • Reserve Study
           • Arena Seating Compliance – ADA and Barrier Free
Future     • Shoreline Dr. Snowmelt
           • Center Ice Scoreboard
Facility   • Trinity Health Sports Performance Entry

Upgrades   • Interior Access and Liability Concerns
           • Fund Source - State of Michigan, MEDC
             Revitalization and Placemaking (RAP) 1.0 grant - $1
             million




                                                            Page 51 of 233
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: April 9, 2024                Title: Muskegon County Intergovernmental Joint
                                                      Bidding Agreement for Traffic Signal
                                                      Maintenance

Submitted by: Todd Myers, Deputy Director of          Department: Public Works
Public Works

Brief Summary:
Staff is requesting approval to sign an Intergovernmental Agreement for Traffic Signal Maintenance.

Detailed Summary & Background:
This is a three-year contract with a one-year extension, with the Muskegon County Road Commission,
along with other municipalities from April 18, 2024 through April 30, 2027 with Windemuller Electric, Inc
 as the traffic signal maintenance contractor. The agreement calls for MCRC to administer the
project and charge the participating agencies 15% overhead. The local agencies included in the
Muskegon County Signal Maintenance Group are Muskegon, North Muskegon, Norton Shores,
Roosevelt Park, and MDOT.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:


Goal/Action Item:
2027 Goal 4: Financial Infrastructure

Amount Requested:                                     Budgeted Item:
                                                      Yes       X    No           N/A

Fund(s) or Account(s):                                Budget Amendment Needed:
Fund 202 Major Streets                                Yes            No       X   N/A

Recommended Motion:
Authorize staff to sign a three year contract with a potential one year extension with the Muskegon
County Road Commission for traffic signal maintenance.

Approvals:                                            Guest(s) Invited / Presenting:
Immediate Division         X
Head                                                   No

Information
Technology




                                                                                              Page 52 of 233
Other Division Heads
Communication
Legal Review




                       Page 53 of 233
               INTERGOVERNMENTAL JOINT BIDDING AGREEMENT FOR
                        TRAFFIC SIGNAL MAINTENANCE

This agreement, effective the ________ day of April, 2024, is entered into by and between the Muskegon
County Road Commission, hereinafter referred to as “MCRC”, with approval of the following
municipalities, to wit:

                 City of Muskegon
                 City of North Muskegon
                 City of Norton Shores
                 City of Roosevelt Park
                 Village of Fruitport

Hereinafter collectively referred to as “Municipalities”.

                                                    Recitals

WHEREAS, MCRC and Municipalities have historically partnered in the maintenance of traffic signal
devices, utilizing staffing which has been historically provided by the City of Muskegon:

WHEREAS, due to a change of circumstance, including, but not limited to the retirement of one or more
city staff members, Municipalities and MCRC have agreed to utilize staff of MCRC, functioning as the lead
agency, to develop and administer specifications and provide for the competitive bid out of traffic
maintenance services, as more fully described hereafter; and,

WHEREAS, MCRC and Municipalities are desirous of memorializing terms and conditions relevant to
such joint and mutual undertakings;

NOW THEREFORE, in consideration of mutual covenants and conditions hereinafter set forth, MCRC
and Municipalities agree as follows:


                                        Section 1: Basic Agreement

   MCRC agrees to function as the lead agency and “bidder” for services relating to traffic signal
maintenance throughout the Municipalities which jointly take duties and responsibilities hereunder as
evidenced by their execution thereof.

                             Section 2: Specifications/Request for Proposal

   Attached hereto and incorporated herein as Exhibit “A” are specifications and request for proposal as
have been prepared for lead agency MCRC. By execution of this agreement, the Municipalities
acknowledge that they have read and fully understand such specifications and request for proposal and
are in agreement with MCRC proceeding to award contract, subject to execution of this agreement by
respective Municipalities.

                                 Section 3: Contract Administration Fee

   Each party agrees that MCRC shall assume responsibility for the administration of the proposal and
contract on behalf of each Municipality and each party agrees to pay MCRC a one-time contract
administration fee of $200.00 for the preparation and letting of the bid proposal. Such payment shall be
made within 30 days of the award of bid by the Muskegon County Road Commission Board.




                                                       -1-



                                                                                                     Page 54 of 233
                               Section 4: Duration of Contract Agreement

         Party agrees that this contract agreement shall continue for a period of three (3) years and may
be renewed for an additional one (1) year period by exercising the renewal option in the proposal.
Notwithstanding, Municipalities may elect, subject to limitations which may be imposed pursuant to MCRC
bid agreement with Contractor, to withdraw from this agreement by providing sixty (60) days written notice
of said intent to MCRC and other participating Municipalities.


                                        Section 5: Responsibilities

          Nothing contained within this Agreement shall in any way create, modify, or abrogate, in whole or
in part, the jurisdiction of duties, responsibilities, and obligations of either party to each other, the general
public or any other party to each other, the general public or any party to this Agreement. It is the
intention of the parties that these documents describe and obligate the parties only to the terms of this
Agreement concerning the contribution of costs incurred for the operation, maintenance, modification
and/or replacement of the original traffic signal.


                                        Section 6: Entire Agreement

      That this document constitutes the entire agreement between the parties and that it may only be
amended or modified by written agreement executed by the parties themselves.


                                     Section 7: Rules of Construction

        The parties to this agreement also acknowledge and agree that:

(i) Each party and the party’s counsel has reviewed and negotiated, or has had the opportunity to review
and negotiate, the terms and provisions of this Agreement and have contributed to its review and revision.
(ii) Any rule of construction to the effect that any ambiguities are resolved against the drafting party shall
not be used to interpret this Agreement; and
(iii) The terms and conditions of this agreement shall be construed fairly as to all parties to this Agreement
and not in favor of or against any party, regardless of which party was generally responsible for the
preparation of this Agreement.

                                             Section 8: Notices

    All notices, requests, consents and other communications under this Agreement shall be in writing,
shall be addressed to the receiving party’s address set forth below or to any other address a party may
designate by notice under this Agreement, and shall be either:

(i) Delivered by hand;
(ii) Sent by facsimile or electronic mail, and mailed promptly by certified mail, return receipt
requested, or;
(iii) Sent by recognized overnight courier:


                 Muskegon County Road Commission
                 Mr. Paul Bouman, Director of Engineering
                 7700 E. Apple Avenue
                 Muskegon, MI 49442
                 Facsimile: 231-788-5793
                 Telephone: 231-788-2381
                 Email: pbouman@muskegoncountyroads.org

                                                       -2-



                                                                                                             Page 55 of 233
   All notices, requests, consents and other communications under this Agreement shall be deemed to
have been given either:

(I) If by hand, at the time of delivery of the notice to the receiving party,
(ii) If by facsimile or electronic mail, at the time that receipt of the facsimile or electronic mail has been
acknowledged by electronic confirmation or otherwise, or if no confirmation is received, on the fifth day
following the day a hard copy of the transmission is mailed by certified mail, or,
(iii) If by overnight courier, on the next business day following the day the notice is delivered to the courier
service.

   Any party, by notice to the other party to this Agreement, may designate additional or different
addresses for subsequent notices or communications.


                                          Section 9: Modification

    The terms and conditions of this Agreement may not be waived, or consent for the departure from the
terms and provisions may be granted, only by written document executed by the parties.


                                        Section 10: Governing Law

   This agreement and the rights and obligations of the parties under this agreement shall be governed
and interpreted by Michigan Law, without giving effect to the conflict of law principles of the State of
Michigan.


                                Section 11: Execution and Effective Date

   This Agreement shall be deemed effective as of the date set forth above. This Agreement may be
executed in mutual counterparts.


In Witness Whereof, the parties hereto have executed this agreement as of the date set forth above.




________________________________________                    Its:____________________________________
Muskegon County Road Commission




_________________________________________                   Its:____________________________________
Municipality




                                                      -3-



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                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: April 9, 2024           Title: Sale of 435 Monroe Avenue, Muskegon, MI
                                                 49441

Submitted by: Sharonda Carson, CNS Director      Department: Community & Neighborhood
                                                 Services

Brief Summary:
To approve CNS Director- Sharonda Carson to sell 435 Monroe Ave. Muskegon MI
49441.

Detailed Summary & Background:
CNS would like to sell 435 Monroe Ave. Muskegon MI 49441 for $210,000.00. This home was formally
purchased around 20 years ago and rehabbed to be utilized for low income housing rental property
for low-income families. The home was under a period of affordability for 10 years while being a
rental and the family was given the opportunity to purchase and own home but declined the offer.
 CNS has chosen to sell the home to reinvest proceeds from the sale into other programs.



Goal/Focus Area/Action Item Addressed:

Key Focus Areas:


Goal/Action Item:

Amount Requested:                                Budgeted Item:
$0.00                                            No

Fund(s) or Account(s):                           Budget Amendment Needed:
HOME 2022/2023                                   No

Recommended Motion:
To approve CNS staff to sell 435 Monroe Avenue Muskegon MI 49441

Approvals:                                       Guest(s) Invited / Presenting:
Immediate Division Head
                                                   Yes




                                                                                     Page 102 of 233
 3/28/24, 3:28 PM                                                                         flexmls Web
Residential         Pending       Agent Detail Report                        435 Monroe Avenue, Muskegon, MI 49441                                     $225,000

                                                                 List Number: 24011029        Property Sub-Type: Single Family         Status: Pending
                                                                 Area: Muskegon County -      Residence                                List Price: $225,000
                                                                 M                            New Construction: No                     Original List Price:
                                                                 Municipality: Muskegon       County: Muskegon                         $225,000
                                                                 City                         Possession: Close of Escrow              List Price/SqFt: $103.5
                                                                 Lot Dimensions: 66 x 132     Tax ID #: 24-205-376-0006-00             Days On Market: 14
                                                                 Waterfront: No               Road Frontage: 66                        Cumulative DOM: 14
                                                                                                                                       Expiration Date:
                                                                                                                                       09/07/2024
                                                                                                                                       Lot Acres: 0.2
                                                                                                                                       Lot Square Footage:
                                                                                                                                       8,712
                                                                 Directions: Laketon Ave to Park St, north to where Park St runs into 7th St. Turn left, house is on
                                                                 the corner of Park and 7th St.
                                                                 Cross Streets: 6th & 7th                     SqFt Source: Public Records
                                                                                     Upper      Main   Lower     Bsmt                       Total
                                                                 Bedrooms              4          0       0         0                         4
                                                                 Full Baths            1          1       0         0                         2
                                                                 Half Baths            0          0       0         0                         0
                                                                 Fin/Level           1,087      1,087     0         0           2,174 (Finished All Levels)
                                                                 Total Sqft                               0      1,087           2,174 (Sqft Above Grade)


                                                                                                        ROOMS/DIMENSIONS/LEVELS
Design:                   Traditional Year Built: 1900
Stories:                  2           Water:      Public
Manufactured Y/N:         No          Sewer:      Public
Primary Bdrm on Main:     No
                                                                                                        # of Rms Above Grade:                                    11

Legal: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 6 & NWLY 66 FT                    SEV: 0             For Tax Year: 23
LOT 7 BLK 376                                                                      Tax Year: 23       Homestead %: 0
Taxable Value: 0                                                                                      Special Assmt/Type: City owned - exempt
Annual Property Tax: 0
School District: Muskegon

Terms Available: Cash; Conventional; FHA; MSHDA; VAExterior                   Deck(s); Porch(es)                                Heat Type: Forced Air
                   Loan                               Features:                                                                 Heat Source: Natural Gas
Street Type:       Paved; Public                      Sale Conditions:        None                                              Access Feat: Accessibility Features:
Exterior Material: Vinyl Siding                       Outbuildings:                                                                          No
Roofing:           Composition                        Util Avail at           Cable; Electric; Natural Gas; Public Sewer;       Year
Windows:           Replacement                        Street:                 Public Water                                      Certified:
Substructure:      Full                               Utilities               Cable; Natural Gas
Garage Type:       2; Detached                        Attached:
Lot Description: Corner Lot
Laundry            In Basement
Features:
Appliances:Dishwasher; Dryer; Range; Refrigerator; Washer

Public Remarks: Welcome Home to Timeless Beauty and Modern Comfort! Explore the vibrant energy of Muskegon with easy access to amenities, parks, and
entertainment. Modern updates seamlessly integrated with historic charm. This home offers tons of natural sunlight throughout the day, and features 4 bedrooms
and 2 full baths providing spacious and versatile living spaces for the whole family. Airy and inviting, the open layout is perfect for gatherings. There is a 2-stall
garage providing convenient and secure parking for your vehicles, as well as a fenced yard which is your private oasis for relaxation and play. Don't miss the
chance to make this piece of history your own - schedule your private tour today and welcome timeless beauty into your lifestyle! Buyer and buyer's agent to verify
all info
Agent Only Remarks:
Seller: City Of Muskegon Cns             Sub Agency: 0%          Buyer Agency:3%            Trans Coord: 0%          Var: No Exclusive Agency: No               RP: No

                      Name                                                           Primary Phone      Email                               Other
List Off:             RE/MAX West(hm10069)                                           231-733-1236       lori@homesbykurt.com                Fax:
List Agt:             Diana Carol Cain (h14680)                                      231-733-1236       homes_by_diana@yahoo.com            Mobile:231-329-9843
List Association:     West Michigan Lakeshore Association of REALTORS


Selling Off:          EXP Realty (Grand Rapids) (g170603)                            616-901-3620
Selling Agt:          Ryan Ogle(gogle2213)                                           616-901-4541       ryan@thinkbluhouse.com

Showing Instructions: Please schedule through Showingtime

Listing Date: 03/07/2024                               Status Change Date: 03/22/2024
Pending Date: 03/21/2024




                                                                                                                                                 Page 103 of 233
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                                                                    WEST MICHIGAN REGIONAL
                                                          ADDENDUM TO PURCHASE AGREEMENT

        MLS # 24011029                                                                    Date: 03/27/2024                                                                              (time)
                                                                                                                                                     ryan@thinkbluhouse.com
        Selling Office eXp Realty Grand Rapids                                 , REALTOR® Phone 616-901-4541                                 Email
                                                                                                                                                     homes_by_diana@yahoo.com
        Listing Office RE/MAX West                                             , REALTOR® Phone 231-329-9843                                 Email


        1.    Addendum #                                 to Purchase Agreement dated 03/20/2024                                                           covering property at

             435 Monroe Ave, Muskegon, MI 49441


        2.    This Addendum shall be an integral part of the Purchase Agreement, which is amended as follows:
             Purchase price to be reduced by $5,000, to $210,000.

             Inspection results are accepted, and inspection contingency is cleared, with the signing of this addendum.
             All other terms to remain the same.




        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.

                                                                                                     Mikale Trebilcock
                                                                                                                                                               dotloop verified
                                                                                                                                                               03/27/24 2:20 PM
                Date                                                                             X
                                                                                                                                                               EDT
                                                                                                                                                               XE1L-CYEF-ZXX1-A1LJ   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                                                                                 Sharonda Carson for the City of Muskegon           03/28/24 7:37 PM EDT
                                                                                                 X                                                      WB12-TAZ7-30HN-60S3          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



                                                                                                                                                                  Page 104 of 233
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                                                           WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
                                                                                                                                                                       #
         DATE:                         03/20/2024                     ,                     (time)                                      MLS #                     24011029

         SELLING OFFICE:                                 eXp Realty             BROKER LIC.#:        6505375382           REALTOR® PHONE:                        (616) 901-3620

         LISTING OFFICE:                            RE/MAX West                 REALTOR® PHONE:                    231-733-1236

           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:                                 Ryan Ogle                   Email:           ryan@thinkbluhouse.com              Lic.#:      6501445411

            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          03/06/2024      .
                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)
                                                                           435 Monroe Avenue, Muskegon, MI 49441
             with the following legal description and tax parcel ID numbers:
                                                         CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 6 & NWLY 66 FT LOT 7 BLK 376


             PP#                                                                      24-205-376-0006-00                                                                                  .
           The following paragraph applies only if the Premises include unplatted land:
           Seller agrees to grant Buyer at closing the right to make (insert number)          all        division(s) under Section 108(2), (3), and
           (4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays
           with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the
           number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale
           will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or
           before              at close            , of the proposed division to create the Premises.
        6. Purchase Price: Buyer offers to buy the Property for the sum of $                                    215,000
                                                             two hundred fifteen thousand                                                  U.S. Dollars
           7. Seller Concessions, if any:                                                                          0


           8. Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.)
            SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below
            are currently available to Buyer in cash or an equally liquid equivalent.
             If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within
             three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall
             receive a refund of Buyer’s Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price.
                   CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual Agent
                   verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information to Seller and/or
                   Seller’s Agent. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement
                   at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be
                   arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement.
                   NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to
                   obtain a                                type                 (year) mortgage in the amount of              % of the Purchase Price
                   bearing interest at a rate not to exceed                % per annum (rate at time of loan application), on or before the date the sale is
                   to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to
                   process the application, within                    days after the Effective Date, not to impair Buyers’ credit after the date such loan if
                   offered.      Seller    Buyer will agree to pay an amount not to exceed $                         representing repairs required as a
                   condition of financing. Buyer         agrees      does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from

         ©Copyright, West Michigan REALTOR® Associations
         Page 1 of 6 Rev. Date 1/2024                                                                MT                    Buyer’s Initials      SPf                       Seller’s Initials
                                                                                                   03/20/24
                                                                                                 4:13 PM EDT
                                                                                                                                                 03/21/24
                                                                                                                                               12:29 PM EDT
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                                                                                                                    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:
                                                                          149 Tree Gum Dr, Pickens, South Carolina, 29671
                   A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale
                   or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in
                   writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest
                   Money Deposit.
                   IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing
                   of a sale or exchange of Buyer’s property located at
                                                         on or before                                      . Seller will have the right to continue to
                   market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy
                   thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such
                   price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified
                   promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions:

         10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All
             improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the
             following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and
             bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage
             disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached
             shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and
             pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on
             heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid
             heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete
             rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball
             backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars;
             detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door
             opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes:
                                         Dishwasher; Dryer; Range; Refrigerator; Washer; All blinds and window treatments as seen on 03/18/24




              but does not include:
                                                                   Any trash or personal items left anywhere on the property.

                                                         435 Monroe Avenue, Muskegon, MI 49441                                                    03/20/2024
                                                 Subject Property Address/Description                                                                Date              Time
         ©Copyright, West Michigan REALTOR® Associations
         Revision Date 1/2024                                                                         MT                    Buyer’s Initials
                                                                                                                                                  SPf               Seller’s Initials
                                                                                                    03/20/24                                      03/21/24
                                                                                                  4:13 PM EDT                                   12:29 PM EDT
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                                                                                                                        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 for future connection to public utilities.
                 Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume
                 and pay all other installments of such assessments.
             Seller has an ongoing obligation through the Closing to disclose to the Buyer any known pending assessments, including, but not limited
             to, any mandatory utility connection requirements, and/or benefit charges, and condominium special assessments, that have not been
             previously disclosed in writing to Buyer.
        13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all taxes
            billed after those addressed below.
              Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property
              tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the
              Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when
              property is transferred.
                  No proration.           (Choose one):
                         Buyer                Seller    will pay taxes billed summer                                  (year);
                         Buyer                Seller    will pay taxes billed winter                                  (year);
                  Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if
                  necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment
                  and prorated to the date of closing with Seller paying for January 1 through the day before closing.
                  Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one):         advance.         arrears.
                  Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal
                  year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken
                  down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions:

        14. Well/Septic: Within ten (10) days after the Effective Date, (choose one)  Seller or     Buyer will arrange for, at their own expense,
            an inspection of the primary well used for human consumption (including a water quality test for coliform bacteria and nitrates) and
            septic systems in use on the Property. The inspection will be performed by a qualified inspector in a manner that meets county (or
            other local governmental authority, if applicable) protocol.
              If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may,
              within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a
              refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails
              to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as-is.
              Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable
              resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of
              termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract,
              Buyer will proceed to closing according to the terms and conditions of this Agreement.
              Other:
        15. Inspections & Investigations:
              Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at
              Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be
              Buyer’s responsibility and expense.
              Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances
              and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the
              Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone.
              All inspections and investigations will be completed within ____  8    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


                                                         435 Monroe Avenue, Muskegon, MI 49441                                                          03/20/2024
                                                            Subject Property Address/Description                                                              Date          Time

           ©Copyright, West Michigan REALTOR® Associations
           Revision Date 1/2024                                                                         MT                      Buyer’s Initials
                                                                                                                                                      SPf             Seller’s Initials
                                                                                                      03/20/24                                        03/21/24        Page 107 of 233
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                                                                                                                      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:
                                                                                                   x
        20. Prorations: Rent; association dues/fees, if any; insurance, if assigned; interest on any existing land contract, mortgage or lien
            assumed by Buyer; will all be adjusted to the date of closing. For the purposes of calculating prorations, it is presumed that Seller
            owns the Property through the day before closing.
        21. Closing: If agreeable to Buyer and Seller, the sale will be closed as soon as closing documents are ready, but not later than
                        04/22/2024            . 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
            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.

                                                         435 Monroe Avenue, Muskegon, MI 49441                                                        03/20/2024
                                                            Subject Property Address/Description                                                           Date          Time

           ©Copyright, West Michigan REALTOR® Associations
           Revision Date 1/2024                                                                         MT                   Buyer’s Initials
                                                                                                                                                   SPf             Seller’s Initials
                                                                                                      03/20/24                                     03/21/24        Page 108 of 233
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                                                                                                                      West Michigan Regional Purchase Agreement          Page 5 of 6
              For purposes of determining possession, the transaction will be considered closed once all necessary documents have been signed
              and received by escrow agent and funds have been received by the escrow agent.
              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 $             199        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. Seller shall also be responsible for snow
              removal and/or landscape maintenance. 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.
              In the event of possession by Seller after close, Buyer and Seller             agree     do not agree to sign the West Michigan Regional
              Temporary Occupancy Addendum to the Purchase Agreement. If signed, that Addendum shall become an integral part of this
              Agreement.
              Exceptions:

        24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until                           5pm                      (time) on
                         03/21/2024            (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 $              2500
            shall be submitted to                                   seller's title company                               (insert name of broker, title
            company, other) within 72 hours of the Effective Date of this Agreement, and shall be applied against the Purchase Price. If the Earnest
            Money Deposit is not received within 72 hours of the Effective Date or is returned for insufficient funds, Seller may terminate this
            Agreement until such time as the Earnest Money Deposit is received. If Seller terminates this Agreement under this provision, Seller
            waives any claim to the Earnest Money Deposit. If the sale is not closed due to a failure to satisfy a contingency for a reason other
            than the fault of Buyer, the Buyer is entitled to a refund of the Earnest Money Deposit. 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.

                                                         435 Monroe Avenue, Muskegon, MI 49441                                                        03/20/2024
                                                            Subject Property Address/Description                                                           Date          Time

           ©Copyright, West Michigan REALTOR® Associations
           Revision Date 1/2024                                                                         MT                   Buyer’s Initials
                                                                                                                                                   SPf             Seller’s Initials
                                                                                                      03/20/24
                                                                                                    4:13 PM EDT
                                                                                                                                                   03/21/24
                                                                                                                                                 12:29 PM EDT
                                                                                                                                                                   Page 109 of 233
                                                                                                   dotloop verified                             dotloop verified
dotloop signature verification: dtlp.us/sKqX-2lUn-v3yn



                                                                                                                           West Michigan Regional Purchase Agreement                           Page 6 of 6
        30. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic
            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.
                                                                                                                          Mikale Trebilcock
                                                                                                                                                                            dotloop verified

              Buyer 1 Address                                                                                        X                                                      03/20/24 4:13 PM EDT
                                                                                                                                                                            5NTU-U7R5-BIWS-LP2E    Buyer
              Buyer 1 Phone: (Res.)                                       (Bus.)                                                                        Mikale Trebilcock
                                                                                                                                 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:


                                                                                          Accepted as written
                                                         Seller to provide a Quit Claim Deed and will provide title insurance as specified.



             Counteroffer, if any, expires             03/22/2024                , at      5:00 p.m.      (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:                             5969 Harvey St, Muskegon, MI 49444                             Listing Broker License #                     6505356201

             Listing Agent Name:                                              Diana C. Cain                                    Listing Agent License #                      6506048493

        36. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s
            response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required
            below.
            X (Seller’s Signature, Date, Time): Samantha Pulos for the City of Muskegon
                                                                                                                                                                                               dotloop verified
                                                                                                                                                                                               03/21/24 12:29 PM EDT
                                                                                                                                                                                               TBS9-KSTQ-2D05-16BP



                                     Samantha Pulos for the City of Muskegon                                                Is Seller a U.S. Citizen or Resident Alien?                 Yes              No*
                                Print name as you want it to appear on documents.

             X (Seller’s Signature, Date, Time):
                                                                                                                            Is Seller a U.S. Citizen or Resident Alien?                 Yes              No*
                                 Print name as you want it to appear on documents.
             Seller’s Address:                                                                     Seller’s Phone (Res.)                                           (Bus)
                 * If Seller(s) is not a U.S. Citizen or Resident Alien, there may be tax implications and Buyer and Seller are advised to seek professional advice.


        37. Buyer’s Receipt/Acceptance: Buyer acknowledges receipt of Seller’s response to Buyer’s offer. In the event Seller’s response
             constitutes a counteroffer, Buyer accepts said counteroffer. All other terms and conditions in the offer remain unchanged.

                                                                 Mikale Trebilcock
                                                                                                                                                                                           dotloop verified

             X (Buyer’s Signature, Date, Time):                                                                                                                                            03/22/24 4:12 PM EDT
                                                                                                                                                                                           2H8M-VBMD-MUEF-M3R9




             X (Buyer’s Signature, Date, Time):

        38. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counteroffer.

             X (Seller’s Signature, Date, Time):

             X (Seller’s Signature, Date, Time):
                                                         435 Monroe Avenue, Muskegon, MI 49441                                                                 03/20/2024
                                                            Subject Property Address/Description                                                                    Date                       Time

           ©Copyright, West Michigan REALTOR® Associations
           Revision Date 1/2024                                                                             MT                       Buyer’s Initials
                                                                                                                                                            SPf                     Seller’s Initials
                                                                                                          03/20/24
                                                                                                        4:13 PM EDT
                                                                                                                                                            03/21/24
                                                                                                                                                          12:29 PM EDT
                                                                                                                                                                                 Page 110 of 233
                                                                                                       dotloop verified                                  dotloop verified
                          Agenda Item Review Form
                          Muskegon City Commission
Commission Meeting Date: April 9, 2024                 Title: Entity Name Update for Allen Edwin PILOT
                                                       Agreement

Submitted by: Jake Eckholm, Development                Department: Economic Development
Services Director

Brief Summary:
Our existing approved Payment In Lieu of Taxes agreement with Allen Edwin Homes must be
amended to reflect the new corporate entity they will be utilizing for their infill housing here in
Muskegon.

Detailed Summary & Background:
Allen Edwin's Director of Infill Housing Brian Farkas, has requested that we update our existing
approved documents that establish the 36 home PILOT development they are completing in our
community. The reason for the request is clerical, as they have started a project-specific LLC for the
homes in Muskegon. The attached restrictive covenant is identical, save for the entity name change
and the effective date.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Diverse housing types



Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business

Amount Requested:                                      Budgeted Item:
NA                                                      Yes            No           N/A

Fund(s) or Account(s):                                 Budget Amendment Needed:
NA                                                      Yes            No           N/A

Recommended Motion:
Motion to approve the Workforce Housing Restrictive Covenant between the City of Muskegon and
SDI WFH MUSKEGON, LLC as presented and to authorize the Mayor and Clerk to sign.

Approvals:                                             Guest(s) Invited / Presenting:
Immediate Division
Head                                                     Yes

Information


                                                                                               Page 111 of 233
Technology
Other Division Heads
Communication
Legal Review




                       Page 112 of 233
                   WORKFORCE HOUSING RESTRICTIVE COVENANT


         This Workforce Housing Restrictive Covenant (“Restrictive Covenant”) is made by and between
the City of Muskegon, Michigan (“Municipality”) and SDI WFH MUSKEGON, LLC (“Sponsor”) as of
April 9, 2024.

                                             R E C I T A L S:

        A.      Sponsor is the owner of certain real property in the City of Muskegon, County of
Muskegon, Michigan, and more particularly described by Exhibit A (the “Property”), which is attached
hereto and incorporated by reference into this Agreement.

        B.      Sponsor has offered to provide thirty-six workforce housing units on the Property (the
“Project”) and has applied to Municipality for a workforce housing exemption from ad valorem property
taxes under Section 15a of the State Housing Development Authority Act, being Public Act 346 of 1966,
as amended (the “Act”).

         C.     In consideration of Sponsor’s offer to undertake the Project, Municipality has agreed to
exempt the Project from all ad valorem property taxes imposed by any taxing jurisdiction and to accept in
lieu thereof payment of an annual service charge for a period of 15-years as provided by Chapter 82 of the
City Code of Ordinances, as amended (“Ordinance”).

         D.      Upon completion of the Project, the annual service charge paid in lieu of all ad valorem
property taxes shall be equal to ten percent (10%) of the annual shelter rents collected from the Project and
shall be paid as provided in the Ordinance.

         E.      Sponsor and Municipality agree that the economic feasibility of the Project depends upon
the continuing effect of the annual service charge in lieu of all ad valorem taxes approved by Municipality
for the 15-year exemption period.

      F.        Accordingly, upon recording with the Muskegon County Register of Deeds, this Restrictive
Covenant will restrict use of the Project to workforce housing for the 15-year exemption period.

         NOW, THEREFORE, in consideration of Municipality’s acceptance of payment of the annual
service charge in lieu of all ad valorem property taxes and Sponsor’s commitment to construct or rehabilitate
the Project, Sponsor and Municipality hereby covenant as follows:

        1.       Recitals. The above recitals are acknowledged as true and correct, and are incorporated by
reference into this paragraph.



                                                     1


                                                                                                        Page 113 of 233
       2.      Definitions. All words and phrases used in this Restrictive Covenant have the same
meaning as defined in the Act or the Ordinance.

        3.       Workforce Housing Covenant. The Project will, upon completion of the proposed
construction or rehabilitation, constitute workforce housing for households for persons and families whose
household income is not greater than 120% of the area median income, as published by the Michigan State
Housing Development Authority (“the Authority) for Muskegon County, adjusted for family size. All of
the housing units in the Project will be rented, or available for rental, on a continuous basis to members of
the general public throughout the term of this Restrictive Covenant.

        4.      Term of Exemption. The exemption from ad valorem property taxes approved by
Municipality shall remain in effect in accordance with this Restrictive Covenant restricting use of the Project
to workforce housing for a period of 15-years, ending on December 31, 2039, or so long as the Project is
used as workforce housing, whichever is less.

         5.      No Violation. Sponsor agrees that it will not knowingly take or permit any action that
would result in a violation of the requirements of this Restrictive Covenant or the Ordinance, which is
incorporated herein as if a part of this Restrictive Covenant. Further, Sponsor agrees to take any required
action, including the amendment of this Restrictive Covenant, as may be necessary, in the determination of
the Municipality or of the Michigan State Housing Development Authority (the “Authority”), to comply
with the Ordinance. If Municipality determines that the Project is not in compliance with the requirements
of this Restrictive Covenant, and Sponsor, after receiving written notice of the non-compliance from
Municipality, does not correct such non-compliance within thirty (30) days, Municipality shall be entitled
to take such actions as it deems necessary to enforce the provisions of this Restrictive Covenant.

         6.       Sponsor to Demonstrate Compliance. Sponsor will provide Municipality with such
certifications, reports and other information as are required by Municipality to demonstrate compliance
with the Ordinance. Sponsor will provide Municipality and Authority with an annual verification of
compliance with this Restrictive Covenant, in a form specified by the Authority.

         7.       Transfer of Ownership. Sponsor will, prior to a sale or other voluntary transfer of
ownership of the Project or any part thereof, notify Municipality in writing, and will enter into any
agreements with the purchaser or transferee as may be prescribed by Municipality to ensure such purchaser's
or transferee's compliance with this Restrictive Covenant and Michigan law.

        8.     Enforceability. This Restrictive Covenant is enforceable in any court in the State of
Michigan having jurisdiction thereof, by Municipality, and to the extent required by the Ordinance, by any
individuals who are tenants of the Project.

         9.      Covenant Running with the Land; Binding Effect. The foregoing covenant shall
constitute and be enforced as a covenant running with the land under Michigan law and shall be binding on
all successors or assigns of Sponsor or Municipality and any future owner or operator of the Project for the
full 15-year exemption period.

         10.    Miscellaneous. In the event of any conflict between the terms of this Restrictive Covenant
and the requirements of the Ordinance the requirements of the Ordinance shall prevail. This Restrictive
Covenant may only be amended or terminated by a writing signed by both Sponsor and Municipality. The
invalidity of any clause or provision of this Restrictive Covenant shall not affect the validity of the
remaining portions thereof.

        IN WITNESS WHEREOF, is this Covenant is effective as of January 23rd, 2024.

                                                      2


                                                                                                         Page 114 of 233
[Signature Pages Follow]




           3


                           Page 115 of 233
                                              CITY OF MUSKEGON



                                              By: ________________________________________

                                              Its: ________________________________________



STATE OF MICHIGAN             )
                              ) ss
COUNTY OF MUSKEGON            )

       The foregoing instrument was acknowledged before me this day of January 24th, 2024 by Kenneth
Johnson, as Mayor of the City of Muskegon, a municipal corporation of the State of Michigan.




                                              Notary Public, ________________County, MI
                                              My Commission Expires:
                                              Acting in _________________ County, MI




                                                 4


                                                                                               Page 116 of 233
                                        SPONSOR
                                        SDI WFH MUSKEGON, LLC



                                        By: _____________________________________

                                        Its:


STATE OF      MICHIGAN    )
                          ) ss
COUNTY OF MUSKEGON        )

The foregoing instrument was acknowledged before me this ____ day of __________, by
______________________, as the ___________________________ of ______________________, a
Michigan _______________, on behalf of said _______________.



                                        Notary Public, __________County, MI
                                        My Commission Expires:
                                        Acting in ________________County, MI



DRAFTED BY:



WHEN RECORDED RETURN TO:




                                               5


                                                                                    Page 117 of 233
                            EXHIBIT A

                    Legal Description of Property




                                 6

MJ_DMS 36842302v2
                                                    Page 118 of 233
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: April 9, 2024              Title: Resolution for Allen Edwin Infill Housing
                                                    Project (Updated Entity Name)

Submitted by: Jake Eckholm, Development             Department: Economic Development
Services Director

Brief Summary:
A new resolution by the City Commission is required due to the changing business entity that Allen
Edwin Homes is using for the infill housing project in our community.

Detailed Summary & Background:
The only changes to this resolution from the approved version is the entity name reflecting the
project-specific LLC that Allen Edwin Homes is using for the Muskegon infill housing project.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Diverse housing types



Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business

Amount Requested:                                   Budgeted Item:
NA                                                   Yes            No            N/A

Fund(s) or Account(s):                              Budget Amendment Needed:
NA                                                   Yes            No            N/A

Recommended Motion:
Motion to approve the Resolution Setting Annual Service Fee for the Workforce Housing Development
by SDI WFH MUSKEGON, LLC as presented and to authorize the Mayor and Clerk to sign.

Approvals:                                          Guest(s) Invited / Presenting:
Immediate Division
Head                                                  Yes

Information
Technology
Other Division Heads
Communication


                                                                                             Page 119 of 233
Legal Review




               Page 120 of 233
                          Resolution Setting Annual Service Fee
                         for the Workforce Housing Development
                             by SDI WFH MUSKEGON, LLC


Whereas,    SDI WFH MUSKEGON, LLC (the “Sponsor”), has applied to the City of
            Muskegon for a determination that a proposed workforce housing project sponsored
            by it at 1227 Adams, 514 Oak, 1919 Elwood, 733 Marcoux, 586 Orchard,912 E.
            Isabella, 501 E. Apple, 499 Ada, 1115 Chestnut, 1123 Chestnut, 613 E. Isabella,
            1968 Park, 1280 Sanford, 1338 Arthur, 1459 Terrace, 1694 Pine, 1691 Smith, 204
            W. Dale, 237 Washington, 1259 Sanford, 390 Catherine, 430 Langley, 730
            Marcoux, 1725 Wood, 367 E. Holbrook, 1874 Manz, 582 Amity, 586 Allen, 1282
            Fleming, 1773 Superior, 741 Getty, 1778 Pine, 1867 Austin, 357 E. Isabella, 1303
            Sixth Street, and unaddressed parcel 24-205-406-0009-00 is entitled to the
            exemption from taxes authorized by Chapter 82 of the City of Muskegon Code of
            Ordinances; now therefore, be it

Resolved,   that the proposed workforce housing project is within the class of housing
            developments entitled to an exemption under Chapter 82, if it meets the following
            contingencies:
            a.     Sponsor shall provide documentation to the City substantiating ownership
                   of the subject properties.
            b.     Construction of at least 12 units of the proposed workforce housing project
                   shall be commenced within twelve (12) months from the date of the
                   Michigan State Housing Development Authority’s (MSHDA) notification
                   of exemption, or this resolution shall be void and of no effect.
            c.     For the life of the this Workforce Housing Resolution, 100% of the dwelling
                   units in the proposed workforce housing project will be restricted to rental
                   units or other housing options that are reasonably affordable to, and
                   occupied by, a household whose total household income is not greater than
                   120% of the area median income published by the United States Department
                   of Housing and Urban Development.
            d.     The Sponsor shall submit an affidavit to MSHDA in the form required by
                   MSHDA for certification that the workforce housing project is eligible for
                   the workforce housing exemption.
            e.     Upon receipt of notification from MSHDA that the workforce housing
                   project is eligible for a workforce housing exemption, the Sponsor shall file
                   the certified notification of exemption with the City Assessor before
                   November 1 of the year preceding the tax year in which the exemption is to
                   effective; and,
            f.     Sponsor shall record a restrictive covenant in a form acceptable to the City
                   Attorney. The restrictive covenant shall be recorded in the register of deeds
                   for the county in which the workforce housing project is located and shall
                   comply with the requirements of Chapter 82; and, further be it




                                                                                           Page 121 of 233
Resolved,   that in lieu of ad valorem property taxes, the Sponsor shall pay an annual service
            charge equal to ten percent (10%) of the “Annual Shelter Rents” as defined in
            Section 82-52 for that portion of the workforce housing project occupied for
            Workforce Housing; and, further be it


Resolved,   that annually, no later than April 29, the Sponsor shall provide the City Assessor
            the Sponsor’s budget for Annual Shelter Rent for the current calendar year and a
            copy of Sponsor’s audited financial statements for the preceding calendar year,
            prepared in accordance with generally accepted auditing standards or, if Sponsor is
            not subject to an audit requirement, Sponsor’s compiled financial statements for the
            preceding calendar year prepared in accordance with generally accepted accounting
            principles and certified by Sponsor; and, further be it

Resolved,   that the tax exempt status granted by this Resolution shall remain in effect for 15
            years, unless otherwise terminated pursuant to Chapter 82 or this Resolution; and,
            further be it

Resolved,   that all portions of Chapter 82 are hereby incorporated by reference; and, further be
            it

Resolved,   that this Resolution may be assigned by the Sponsor only to subsequent owners of
            the workforce housing project who shall agree to abide to its terms. If not assigned,
            to and accepted by subsequent owners of the workforce housing project, it shall
            automatically terminate; and further be it

Resolved,   that the Mayor and City Clerk execute a contract with the Sponsor providing the
            tax exemption and acceptance of payments in lieu of taxes as defined within this
            resolution and its application, such contract subject to approval as to substance by
            the City Manager and as to form by the City Attorney.

YEAS: _______

NAYS: _______
                                      I hereby certify that the above Resolution was adopted
                                      by the City Commission of the City of Muskegon at its
                                      regular meeting held on ________, in the Commission
                                      Chambers, City Hall, 933 Terrace, Muskegon, Michigan.


                                      Ann Meisch, City Clerk




                                                                                            Page 122 of 233
                          Agenda Item Review Form
                          Muskegon City Commission
Commission Meeting Date: April 9, 2024                 Title: Liquid Sodium Hypochlorite Contract

Submitted by: Joe Buthker, DPW Superintendent          Department: DPW- Water Filtration Plan

Brief Summary:
Staff is requesting authorization to purchase liquid sodium hypochlorite from Webb Chemical.

Detailed Summary & Background:
The Water Filtration Plant uses sodium hypochlorite in the production of drinking water. The
application of sodium hypochlorite is one of several crucial processes used to inactivate or
remove pathogens from the water. Since 1996, the Water Filtration Plant has solicited
competitive bids for water treatment chemicals jointly with the cities of Grand Haven, Grand
Rapids, Holland, Muskegon Heights, and Wyoming. The City of Grand Rapids manages this
bidding process and holds the master agreement.
Bids were solicited for a one-year contract with the option to renew for two additional one-
year terms. Webb Chemical’s bid has no price increases for the one-year duration of the
contract and is overall the cheapest bidder. Webb Chemical is a local supplier to Muskegon
County and has supplied the cooperative with liquid sodium hypochlorite in the past. Staff
recommends we continue with cooperative and approve Webb Chemical as our supplier.
                       1-Year ($/ton)
 Alexander             387.23
 Chemical Corp
 JCI Jones             374.14
 Chemicals Inc
 Rowell Chemical       447.00
 Webb Chemical         366.00
 Service Corp
The Water Filtration Plant has used an average of 450 tons of liquid sodium hypochlorite the
previous three fiscal years. Under the new contract this amount would cost $164,700.00 for the
one-year contract, this is approximately a 30% reduction from our current contract. Liquid
sodium hypochlorite is included in the budget, but the actual amount spent will depend on
water demand and source water quality.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Sustainability in financial practices and infrastructure

Goal/Action Item:
2027 Goal 4: Financial Infrastructure



                                                                                            Page 123 of 233
Amount Requested:                                  Budgeted Item:
$164,700.00 (estimate)                             Yes       X    No           N/A

Fund(s) or Account(s):                             Budget Amendment Needed:
591-558-739                                        Yes            No       X   N/A

Recommended Motion:
I move to authorize staff to participate in the treatment plant purchase cooperative and purchase
liquid sodium hypochlorite from Webb Chemical.

Approvals:                                         Guest(s) Invited / Presenting:
Immediate Division        X
Head                                                No

Information
Technology
Other Division Heads
Communication
Legal Review




                                                                                       Page 124 of 233
                               City of Grand Rapids
                               Purchasing Department
                               300 Monroe Ave NW, Room 720
                                                                  MASTER AGREEMENT
                               Grand Rapids, MI 49503


VENDOR INFORMATION
Name /Address:         Contact:                                                Master Agreement Number:                           Not To Exceed Amount:
WEBB CHEMICAL SVC CORP NO CONTACT LISTED
PO BOX 775182          (630) 955-6062                                               MA 233 24000140                                   $1,000,000.00
CHICAGO IL 60677-5182                                                            Begin Date    04/01/2024                           Record Date 03/27/2024
                                                                             Expiration Date   03/31/2025              Replaces Award Document
                                                                          Modification Date    03/27/24                Version Number 1         Phase Final
                                                                         Procurement Folder    374612

PROCUREMENT CONTACT INFORMATION
Kelly Criner
616-456-3172
kcriner@grand-rapids.mi.us
 CONTRACT DESCRIPTION
Bulk Chemicals, Liquid Sodium Hypochlorite - Co-Op
One-year term contract for the purchase and delivery of liquid sodium hypochlorite, as per the attached document. Unit pricing per the attached document for liquid
sodium hypochlorite.

Goods/services shall be on an "as needed" basis as ordered by the City of Grand Rapids departments. Annual amount expended by all authorized City Departments
shall not exceed $1,000,000.00.

Contractor shall only supply goods/services as detailed in this contract. Changes shall only be allowed when a change order amendment is executed by the
Purchasing Department. Goods/services provided without authorization shall be at the contractors own risk. Release of goods/services shall be placed by the City
Project Manager(s).

Expiring: 03/31/27, Bid File #885-40-49 City Commission Approved: 03/19/24, File No. 93377 Buyer: Jeffrey Poll
RENEWAL PERIODS
           Renewal Period Length                                               Effective Begin Date                                  Expiration Date


               BILL To:
          Delivery Date:                                     Shipping Method:                                    Delivery Type:
                   FOB:
    Billing Instructions:

              SHIP To:
  Shipping Instructions:

AUTHORIZED FUNDING SOURCES
Department                                                                                          No Limit                         Spending Limit
Water                                                                                                 YES                                                     $0.00
Environmental Services                                                                                YES                                                     $0.00
Line Item           Commodity Code                Quantity        Unit                             Description                                 Unit Price
     1                     88540                    0.00000       TON                 Liquid Sodium Hypochlorite, Bulk                           $366.00
As per the attached contract.
Any and all costs associated with providing the liquid sodium hypochlorite are included in the contract pricing.


     2                      88540                  0.00000        GAL                  Liquid Sodium Hypochlorite, Tote                           $2.60
Tote price per gallon


TERMS AND CONDITIONS




                                                                                                                  Anthony M. Wojciakowski,Page  125 of 233
                                                                                                                                           City Purchasing
VENDOR ACKNOWLEDGMENT AND INSTRUCTIONS
By accepting and completing this Master Agreement, the Vendor agrees to the City of Grand Rapids standard Terms and Conditions:
https://www.grandrapidsmi.gov/files/assets/public/departments/purchasing/general-terms-and-conditions-rev-may-2019.pdf
Taxes: The City is generally exempt from Federal Excise and State Sales Tax. The City's Tax Exemption Number is 060216. Bids will be separated to show the amount subject to
taxes of any kind if applicable. Exemption Forms will be furnished if necessary. Taxes, wherever indicated and which are applicable to the purchase, will not be subject to any
trade or cash discounts.
Cash Discounts: Cash discounts will be considered in the determination of the low bidder provided the discounts are based on periods of 30 days or more after acceptance of
goods, or billing on bidder's invoice, whichever is later. The City reserves the right to net out the cash discount when evaluating the bid. If no cash discount is indicated in the
space provided in the Bid Document, the terms will be considered as net, 30 days.




                                                                                                                          Anthony M. Wojciakowski,Page  126 of 233
                                                                                                                                                   City Purchasing
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: April 9, 2024              Title: Parks Capital Improvement Plan Draft &
                                                    Master Plan Survey Results

Submitted by: Kyle Karczewski, Parks and            Department: DPW- Parks
Recreation Director

Brief Summary:
The City of Muskegon Parks & Recreation Department is submitting updated survey results and a
capital improvement plan to be used to update our 2022 Parks & Recreation Master Plan. The
department has a budget of $6.1 million for these improvements.

Detailed Summary & Background:
The Parks & Recreation Department is proposing an amendment to the 2022 Parks & Recreation
Master Plan with an update to the survey/community engagement & capital improvement plan.
During the summer and fall of 2023, the Parks & Recreation team launched a broad engagement
plan that focused on a survey through our Community Engagement Hub. We used this information,
along with national park standards and our equity-centered capital improvement plan, to prioritize
how the ARPA funds that were devoted to park improvements would be spent. This list is not the only
improvements that will be seen in our parks, but this is how we plan to use the $6.1 million that the
City of Muskegon Commission approved to be devoted to the park improvement plan in a 2022
commission meeting.

This information was vetted through the Parks & Recreation advisory committee and after months of
discussions this document is ready to seek commission approval.

All individual purchases & contracts will follow City of Muskegon procurement policies.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Blight cleanup
Enhanced Parks and Recreation Department and Services
Events and activities

Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Parks and Recreation Department and
Services

Amount Requested:                                   Budgeted Item:
N/A                                                  Yes       x   No           N/A

Fund(s) or Account(s):                              Budget Amendment Needed:
482 ARPA Funds                                       Yes           No       x   N/A



                                                                                          Page 127 of 233
Recommended Motion:
To authorize staff to update the parks & recreation master plan with the addition of the engagement
results and the adoption of the capital improvement plan.

Approvals:                                         Guest(s) Invited / Presenting:
Immediate Division        x
Head                                                No

Information
Technology
Other Division Heads
Communication             x
Legal Review




                                                                                       Page 128 of 233
                      2024 Parks & Recreation Capital Improvement Plan
                                              Equity Score (17 =
                    Park                                           Projected FY    Estimated Cost      Grant Opportunity
                                                   urgent)


Aamodt - Curbing                                      15               2027       Roads/Highway Dept

All Bathrooms w/ issues                              N/A               2025            $100,000

All Parks Signage                                    N/A               2025            $80,000

Amenity Updates                                      N/A               2025            $85,000

Beachwood - Parking Lot                               8                2026            $20,000


Beaukema - ADA improvements                           16               2025            $95,000


Bike Path Rehab                                      N/A               2026                                    X


Clara Shepherd - Minor Court Rehab                    13               2026            $10,000


Grand Trunk Parking                                   10               2025            $250,000

Hackley Park - Electrical Upgrade                     13               2025            $100,000

Harbour Towne Safety Upgrades                         5                2025            $15,000

Hartshorn Accessbility Improvements                   10               2025            $250,000

Joe Clifford - Playground, Splash pad rehab           18               2025            $165,000


Kruse - Ramp Beach Access                             12               2026                                    X

Kruse - Steps                                         12               2024            $40,000

Margaret Drake - Playground                           9                2024            $180,000

Marsh Playground                                      17               2026            $180,000


Master Plan Campbell                                  9                2026            $250,000                X


Master Plan Kruse                                     12               2026            $500,000                X


Master Plan McGraft                                   11               2025            $500,000


Master Plan Richards                                  18               2027            $250,000                X




                                                                                                                     Page 129 of 233
McCrea - Baseball Field                 20     2024       $52,000

McCrea - Playground                     20     2024      $129,000


New Dog Park                                   2026                   X


Park / Beach Ranger                            2024       $57,000

Parks Storage                                  2025       $50,000


Pere Marquette - Parking & Boardwalk    8    2026/2027   $700,000     X


Pere Marquette/Lake MI Park - Safety
                                        8      2025      $100,000
Upgrades


Reese - Parking Lot                     18     2025      $450,000



Reese - Pavilion                        18     2026                   X


Reese Park - Splash Pad                 18     2026      $100,000     X

Seyferth - Recreation Improvements      10     2025       $30,000

Seyferth Playground                     10     2027      $185,000


Sheldon - New Bathroom                  20     24/25     $300,000


Sheldon - Pave Parking Lot              20     2025       $75,000


Sheldon - Playground                    20     2024      $125,000


Smith-Ryerson - Improved Creek Access   16     2026       $20,000


Smith-Ryerson - Interior facility       16     2025      $125,000


Smith-Ryerson Playground                16     2026      $170,000


St. Joseph - Playground                 18     2024      $183,766


Wifi @ 3 parks                                 2025       $16,500


Winward Point Lots                             2027      $150,000     X

                                                         $6,088,266




                                                                          Page 130 of 233
Muskegon, MI | 2024
City of Muskegon Parks & Recreation Master Plan Survey
Report

Survey Summary
During the summer and fall of 2023, the Parks & Recreation Department for the City of Muskegon launched a Parks &
Recreation Master Plan Survey online through the Community Engagement Hub. This survey was paired with a series of
intentional City of Muskegon Park Pop-Up Parties to engage with park users and encourage their participation in the
survey. The intention of the survey is for the Parks & Recreation Department and the Parks & Recreation Advisory
Committee to use this tool alongside the equity index, and national parks standards to help draft a new master plan for
the parks. This master plan update would include the inclusion of the new survey data along with a new capital
improvement plan.

The survey can be broken down into 4 parts:
    1. Demographic Information
    2. Community Parks (9): Beukema Playfield, Campbell Field, Kruse Park, McCrea Playfield, Reese Playfield, Reese
        Playfield, Smith-Ryerson Park, McGraft Park, Pere Marquette Beach Park, and Seyferth Park
    3. Neighborhood Parks (20): Aamodt Park, Beachwood Park, Clara Shepherd Park, Downtown Muskegon Dog Park,
        Green Acres Park, Hackley Park, Harbour Towne Beach, Joe Clifford Park, Lake Michigan Park, Hartshorn Marina
        (Foundry Park), Lighthouse Park, Robert C. Lighton Memorial Park, Margaret Drake Elliot Park, Marsh Field Park,
        McLaughlin Park, Muskegon Splash Pad Park, Nims Park, Richards Park “Boom Park”, Sheldon Park, and St. Joseph
        Park
    4. Future Park Planning

The survey was available online from July 12, 2023 through November 17, 2023. The survey was also available in a paper
form and at each of the 7 pop-up parties. These 7 parks were selected due to low engagement for the 2022 survey
(Mcrae, Aamodt, Sheldon, St. Joseph, Smith-Ryerson, Beaukema & Reese). Staff from the Parks & Recreation
department had tablets available to assist park users with completing the survey.




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                                                                                                            Page 131 of 233
Section 1 | Demographic Information
    ●      1,051 participants started the survey but did not complete the entire thing
    ●      825 deduplicated participants started the survey but did not complete the entire thing
    ●      590 deduplicated participants completed the entire survey
           *Deduplication refers to a method of eliminating a dataset's redundant data. In a secure data deduplication process, a deduplication assessment tool identifies
           extra copies of data and deletes them, so a single instance can then be stored


All data in this report represents the entire 1,051 participants unless otherwise noted. If you are interested in learning
more about Zencity's deduplication tool, please review this article. If you would like to see data using the deduplication
tool, please contact the City of Muskegon Community Engagement Department at: communications@shorelinecity.com.
Question 1 | Which neighborhood do you live in?
    ●      When combining the “Not a City of Muskegon Resident” and “Other” responses, which consisted mostly of
           neighboring municipalities and out-of-state, nearly 24% of responses came from non-City of Muskegon residents.
    ●      39.52% of survey responses were completed by the three West-most neighborhoods: Beachwood/Bluffton,
           Lakeside, and Glenside.
    ●      Neighborhoods that had 20 or fewer responses included Jackson Hill, East Muskegon, Marsh Field, and Steele.

   ANSWER OPTION                                                                                                         %                      # OF RESPONSES

   Angell                                                                                                                2.30%                  22

   Beachwood/Bluffton                                                                                                    18.51%                 177

   Campbell Field                                                                                                        2.30%                  22

   East Muskegon                                                                                                         1.88%                  18

   Glenside                                                                                                              8.58%                  82

   Jackson Hill                                                                                                          2.09%                  20

   Lakeside                                                                                                              12.34%                 118

   Marquette                                                                                                             2.41%                  23

   Marsh Field                                                                                                           1.26%                  12

   McLaughlin                                                                                                            2.20%                  21

   Nelson                                                                                                                8.47%                  81

   Nims                                                                                                                  6.59%                  63

   Oakview                                                                                                               2.41%                  23

   Sheldon Park                                                                                                          3.45%                  33

   Steele                                                                                                                0.31%                  3

   Unsure                                                                                                                0.94%                  9

   Not a City of Muskegon Resident                                                                                       18.51%                 177

   Other                                                                                                                 5.44%                  52

   Total                                                                                                                                        956



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Question 2 | How long have you used City of Muskegon Parks?

   ANSWER OPTION                                               %        # OF RESPONSES

   0-5 years                                                   16.45%   153

   6-10 years                                                  11.18%   104

   11-20 years                                                 13.12%   122

   21 or more years                                            57.63%   536

   Prefer not to say                                           1.61%    15

   Total                                                                930



Question 3 | What is your race?

   ANSWER OPTION                                               %        # OF RESPONSES

   American Indian or Alaska Native                            1.08%    10

   Asian                                                       0.54%    5

   Black or African American                                   6.45%    60

   Native Hawaiian or Other Pacific Islander                   0.11%    1

   White                                                       77.42%   720

   Prefer not to say                                           12.47%   116

   Other                                                       1.94%    18

   Total                                                                923




Question 4 | Are you of Hispanic, Latinx, or Spanish Origin?

   ANSWER OPTION                                               %        # OF RESPONSES

   No, not of Hispanic, Latinx, or Spanish Origin              82.07%   728

   Yes, Mexican, Mexican American, or Chicano                  3.72%    33

   Yes, Puerto Rican                                           0.23%    2

   Yes, Cuban                                                  0.45%    4

   Prefer not to say                                           12.63%   112

   Other                                                       0.90%    8

   Total                                                                887




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Question 5 | What is your gender?

   ANSWER OPTION                             %         # OF RESPONSES

   Female                                    62.30%    580

   Male                                      30.40%    283

   Prefer not to say                         5.80%     54

   Non-binary / third gender                 1.18%     11

   Other                                     0.32%     3

   Total                                               931


Question 6 | Do you have a disability?

   ANSWER OPTION                             %         # OF RESPONSES

   Yes                                       9.64%     90

   No                                        83.219%   777

   Prefer not to say                         7.17%     67

   Total                                               934


Question 7 | What is your age?

   ANSWER OPTION                             %         # OF RESPONSES

   Under 14 years old                        0.21%     2

   14-17 years old                           1.07%     10

   18-24 years old                           2.25%     21

   25-34 years old                           16.79%    157

   35-44 years old                           19.57%    183

   45-54 years old                           12.30%    115

   55-64 years old                           21.71%    203

   65-74 years old                           20.11%    188

   75 years or older                         5.99%     56

   Total                                               935


End of Section 1 | Demographic Information




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Section 2 | Community Parks
Beukema Playfield, Campbell Field, Kruse Park, McCrea Playfield, Reese Playfield, Reese Playfield, Smith-Ryerson Park,
McGraft Park, Pere Marquette Beach Park, and Seyferth Park
Survey takers were asked to select which Community Parks they would like to give feedback on. There was no limit on
the number of parks they could select.

Excerpt from the survey regarding Community Park designation:




Community Park Selection | Which Community Parks do you want to give feedback on?

     ANSWER OPTION                                                         PERCENTAGE          COUNT

     Pere Marquette Beach Park                                             68.08%              563

     McGraft Park                                                          47.04%              389

     Kruse Park                                                            43.77%              362

     Seyferth Park                                                         23.70%              196

     Campbell Field                                                        10.76%              89

     Smith-Ryerson Park                                                    10.52%              87

     Reese Playfield                                                       7.86%               65

     McCrea Playfield                                                      6.89%               57

     Beukema Playfield                                                     5.20%               43

     Total                                                                                     1,851




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The results of the following Community Parks are ordered by number of responses. Each Community Park has its own
survey page set up similarly. Details and questions included:

    1. Name of park, address, acreage, description, and photos of the parks
    2. Ranking of items needed in the park as identified by the Parks & Recreation Department. Options are unique to
       each park, except each Community Park had the option of “Basic Park Amenities | Picnic tables, benches, grills,
       drinking fountains/bottle fillers, trash and dog waste cans, lighting, landscaping, irrigation, etc.” included
    3. If you could add three new amenities to the park, what would they be?
    4. Select your top three recreation opportunities you would like to see at ___________.
            a. Survey takers were asked to choose their top three recreation activities from a pre-populated list of 30
                options that were chosen by the Parks & Recreation Department. The same 30 options were listed for
                every park whether or not the activity could realistically take place there (i.e. “boating” at an inland park
                without a water source).
    5. Are there any assets at this park that no longer serve a purpose? If so, please list them.
    6. Are there any additional improvements you would like to see at _____________ that were not listed?




        Please note that not all parks have the ability to host every recreation opportunity.




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Pere Marquette Beach Park Results

Question 1 | Please rank the items below in order of importance to you.




    ANSWER OPTION            1ST PRIORITY             2ND PRIORITY   TOTAL        SCORE

                             56.29%                   43.71%
    Basic Park Amenities
                             282                      219            501          1.44

                             43.71%                   56.29%
    Site Lighting
                             219                      282            501          1.56


Question 2 | If you could add something new to the park, what would it be? Select all that apply.




“Other (please specify)” responses on open feedback results.

Question 3 | Select your top three recreation opportunities you would like to see at this park.




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Question 4 | Are there any assets at this park that no longer serve a purpose? If so, please list them.
*Answers on open feedback results.



Question 5 | Are there any additional improvements you would like to see at this park that were
not listed?
*Answers on open feedback results.




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McGraft Park Results

Question 1 | Please rank the items below in order of importance to you.




                                        1ST          2ND        3RD        4TH        5TH
 ANSWER OPTION                                                                                   TOTAL    SCORE
                                        PRIORITY     PRIORITY   PRIORITY   PRIORITY   PRIORITY

                                        48.29%       22.86%     14.57%     10.03%     4.32%
 Rehab / Repurpose Tennis Courts                                                                 350      1.99
                                        169          80         51         35         15

                                        10.86%       30.57%     22.29%     15.19%     21.33%
 Irrigation Improvements                                                                         350      3.05
                                        38           107        78         53         74

                                        23.43%       17.43%     13.43%     13.18%     31.7%
 Replace or Renovate Bandshell                                                                   346      3.12
                                        82           61         47         46         110

                                        7.71%        13.14%     31.14%     26.93%     21.33%
 Repurpose Shuffleboard                                                                          350      3.41
                                        27           46         109        94         74

                                        9.71%        16%        18.57%     34.67%     21.33%
 Sledding Hill Upgrades                                                                          350      3.41
                                        34           56         65         121        74


Question 2 | If you could add something new to the park, what would it be? Select all that apply.




*Other (please specify)” responses on open feedback results.




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Question 3 | Select your top three recreation opportunities you would like to see at this park.




*Other (please specify)” responses on open feedback results.



Question 4 | Are there any assets at this park that no longer serve a purpose? If so, please list them.
*Answers on open feedback results.



Question 5 | Are there any additional improvements you would like to see at this park that were
not listed?
*Answers on open feedback results.




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Kruse Park Results

Question 1 | Please rank the items below in order of importance to you.




                                1ST          2ND          3RD        4TH        5TH        6TH
   ANSWER OPTION                                                                                      TOTAL     SCORE
                                PRIORITY     PRIORITY     PRIORITY   PRIORITY   PRIORITY   PRIORITY

                                48.95%       17.72%       9.01%      4.80%      15.55%     2.74%
   Beach Access Restoration                                                                           328       2.27
                                163          59           30         16         51         9

                                19.52%       41.14%       12.01%     7.21%      4.57%      14.33%
   Rehab Boardwalk                                                                                    328       2.78
                                65           137          40         24         15         47

                                6.31%        14.11%       33.33%     31.53%     7.62%      7.32%
   Basic Park Amenities                                                                               333       3.41
                                21           47           111        105        25         24

                                19.52%       7.51%        14.41%     20.12%     28.35%     10.67%
   New Playground                                                                                     333       3.61
                                65           25           48         67         93         35

                                4.80%        17.72%       18.92%     25.23%     22.56%     11.28%
   Parking Lot                                                                                        333       3.76
                                16           59           63         84         74         37

                                0.90%        1.80%        12.31%     11.11%     21.34%     53.66%
   Basketball Court Rehab                                                                             333       5.08
                                3            6            41         37         70         176


Question 2 | Select your top three recreation opportunities you would like to see at this park.




“Other (please specify)” responses on open feedback results.




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Question 3 | Are there any assets at this park that no longer serve a purpose? If so, please list them.
Answers on open feedback results.



Question 4 | Are there any additional improvements you would like to see at this park that were
not listed?
*Answers on open feedback results.




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Seyferth Park Results

Question 1 | Please rank the items below in order of importance to you.




                                 1ST           2ND             3RD        4TH        5TH
       ANSWER OPTION                                                                            TOTAL   SCORE
                                 PRIORITY      PRIORITY        PRIORITY   PRIORITY   PRIORITY

                                 60.69%        19.08%          13.87%     3.47%      2.89%
       Upgrade Bathrooms                                                                        173     1.69
                                 105           33              24         6          5

                                 12.14%        37.57%          13.87%     23.12%     13.29%
       Develop Sport Courts                                                                     173     2.88
                                 21            65              24         40         23

                                 13.87%        23.7%           15.03%     14.45%     32.95%
       Basic Park Amenities                                                                     173     3.29
                                 24            41              26         25         57

                                 6.36%         11.56%          21.97%     40.46%     19.65%
       New Playground                                                                           173     3.55
                                 11            20              38         70         34

                                 6.94%         8.09%           35.26%     18.5%      31.21%
       Pickleball Courts                                                                        173     3.59
                                 12            14              61         32         54




Question 2 | If you could add something new to the park, what would it be? Select all that apply.




*Other (please specify)” responses on open feedback results.




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Question 3 | Select your top three recreation opportunities you would like to see at this park.




*Other (please specify)” responses on open feedback results.



Question 4 | Are there any assets at this park that no longer serve a purpose? If so, please list them.
*Answers on open feedback results.



Question 5 | Are there any additional improvements you would like to see at this park that were
not listed?
*Answers on open feedback results.




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Campbell Field Results

Question 1 | Please rank the items below in order of importance to you.




                                 1ST           2ND             3RD        4TH        5TH
       ANSWER OPTION                                                                            TOTAL   SCORE
                                 PRIORITY      PRIORITY        PRIORITY   PRIORITY   PRIORITY

                                 63.1%         16.67%          10.71%     4.76%      4.76%
       Develop Park Usage                                                                       84      1.71
                                 53            14              9          4          4

                                 14.29%        54.76%          25%        3.57%      2.38%
       Upgrade Bathrooms                                                                        84      2.25
                                 12            46              21         3          2

                                 20.24%        17.86%          14.29%     4.76%      42.86%
       Basic Park Amenities                                                                     84      3.32
                                 17            15              12         4          36

                                 2.38%         9.52%           45.24%     34.52%     8.33%
       Renovate Concessions                                                                     84      3.37
                                 2             8               38         29         7

                                 0%            1.19%           4.76%      52.38%     41.67%
       Renovate Storage                                                                         84      4.35
                                 0             1               4          44         35




Question 2 | If you could add something new to the park, what would it be? Select all that apply.




*Other (please specify)” responses on open feedback results.



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Question 3 | Select your top three recreation opportunities you would like to see at this park.




*Other (please specify)” responses on open feedback results.



Question 4 | Are there any assets at this park that no longer serve a purpose? If so, please list them.
*Answers on open feedback results.



Question 5 | Are there any additional improvements you would like to see at this park that were
not listed?
*Answers on open feedback results.




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Smith-Ryerson Park Results

Question 1 | Please rank the items below in order of importance to you.




                                                 1ST           2ND        3RD        4TH
     ANSWER OPTION                                                                              TOTAL   SCORE
                                                 PRIORITY      PRIORITY   PRIORITY   PRIORITY

                                                 37.97%        48.1%      10.13%     3.8%
     Improve creek access and natural habitat                                                   79      1.80
                                                 30            38         8          3

                                                 43.04%        25.32%     25.32%     6.33%
     Interior Improvements in Community Center                                                  79      1.95
                                                 34            20         20         5

                                                 16.46%        22.78%     20.25%     40.51%
     Improved Park Security                                                                     79      2.85
                                                 13            18         16         32

                                                 2.53%         3.8%       44.3%      49.37%
     Update Storage Building                                                                    79      3.41
                                                 2             3          35         39


Question 2 | If you could add something new to the park, what would it be? Select all that apply.




*Other (please specify)” responses on open feedback results.




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Question 3 | Select your top three recreation opportunities you would like to see at this park.




*Other (please specify)” responses on open feedback results.



Question 4 | Are there any assets at this park that no longer serve a purpose? If so, please list them.
Answers on open feedback results.



Question 5 | Are there any additional improvements you would like to see at this park that were
not listed?
Answers on open feedback results.




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Reese Playfield Results

Question 1 | Please rank the items below in order of importance to you.




   ANSWER OPTION                          1ST PRIORITY         2ND PRIORITY   TOTAL   SCORE

                                          69.49%               30.51%
   Repave Parking Lot                                                         59      1.31
                                          41                   18

                                          30.51%               69.49%
   Basic Park Amenities                                                       59      1.69
                                          18                   41



Question 2 | If you could add something new to the park, what would it be? Select all that apply.




*Other (please specify)” responses on open feedback results.




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                                                                                             Page 149 of 233
Question 3 | Select your top three recreation opportunities you would like to see at this park.




*Other (please specify)” responses on open feedback results.



Question 4 | Are there any assets at this park that no longer serve a purpose? If so, please list them.
*Answers on open feedback results.



Question 5 | Are there any additional improvements you would like to see at this park that were
not listed?
*Answers on open feedback results.




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McCrae Playfield Results

Question 1 | Please rank the items below in order of importance to you.




                                                 1ST           2ND        3RD        4TH
     ANSWER OPTION                                                                              TOTAL   SCORE
                                                 PRIORITY      PRIORITY   PRIORITY   PRIORITY

                                                 82.35%        11.76%     5.88%      0%
     New ADA Playground                                                                         17      1.24
                                                 14            2          1          0

                                                 17.65%        76.47%     5.88%      0%
     Upgrade Bathrooms                                                                          17      1.88
                                                 3             13         1          0

                                                 0%            5.88%      64.71%     29.41%
     Irrigation Improvements                                                                    17      3.24
                                                 0             1          11         5

                                                 0%            5.88%      23.53%     70.59%
     Basic Park Amenities                                                                       17      3.65
                                                 0             1          4          12


Question 2 | If you could add something new to the park, what would it be? Select all that apply.




*Other (please specify)” responses on open feedback results.




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                                                                                                          Page 151 of 233
Question 3 | Select your top three recreation opportunities you would like to see at this park.




*Other (please specify)” responses on open feedback results.




Question 4 | Are there any assets at this park that no longer serve a purpose? If so, please list them.
*Answers on open feedback results.



Question 5 | Are there any additional improvements you would like to see at this park that were
not listed?
*Answers on open feedback results.




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Beukema Playfield Results

Question 1 | Please rank the items below in order of importance to you.




                                                             1ST        2ND        3RD
         ANSWER OPTION                                                                        TOTAL   SCORE
                                                             PRIORITY   PRIORITY   PRIORITY

                                                             71.43%     14.29%     14.29%
         Bathroom Improvements                                                                42      1.43
                                                             30         6          6

                                                             11.90%     54.76%     33.33%
         Repave parking lot and drive into school entrance                                    42      2.21
                                                             5          23         14

                                                             16.67%     30.95%     52.38%
         Basic Park Amenities                                                                 42      2.36
                                                             7          13         22


Question 2 | If you could add something new to the park, what would it be? Select all that apply.




*Other (please specify)” responses on open feedback results.




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                                                                                                             Page 153 of 233
Question 3 | Select your top three recreation opportunities you would like to see at this park.




Question 4 | Are there any assets at this park that no longer serve a purpose? If so, please list them.
*Answers on open feedback results.



Question 5 | Are there any additional improvements you would like to see at this park that were
not listed?
*Answers on open feedback results.




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                                                                                            Page 154 of 233
End of Section 2 | Community Parks




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Section 3 | Neighborhood Parks
Aamodt Park, Beachwood Park, Clara Shepherd Park, Downtown Muskegon Dog Park, Green Acres Park, Hackley Park,
Harbour Towne Beach, Joe Clifford Park, Lake Michigan, Hartshorn Marina (Foundry Park), Lighthouse Park, Robert C.
Lighton Memorial Park, Margaret Drake Elliott Park, Marsh Field Park, McLaughlin Park, Muskegon Splash Pad Park,
Nims Park, Richards Park “Boom Park”, Sheldon Park, & St. Joseph Park
Survey takers were asked to select which Neighborhood Parks they would like to give feedback on. There was no limit on
the number of parks they could select.

     ANSWER OPTION                                                          PERCENTAGE         COUNT

     Beachwood Park                                                         32.43%             191

     Hackley Park                                                           30.05%             177

     Margaret Drake Elliott Park                                            29.20%             172

     Lake Michigan                                                          23.60%             139

     Harbour Towne Beach                                                    20.03%             118

     Muskegon Splash Pad Park                                               19.86%             117

     Downtown Muskegon Dog Park                                             14.60%             86

     Hartshorn Marina (Foundry Park)                                        10.02%             59

     Nims Park                                                              9.51%              56

     Marsh Field Park                                                       9.34%              55

     Sheldon Park                                                           9.00%              53

     Lighthouse Park                                                        8.32%              49

     Richards Park "Boom Park"                                              7.64%              45

     St. Joseph Park                                                        6.96%              41

     McLaughlin Park                                                        4.41%              26

     Aamodt Park                                                            4.24%              25

     Green Acres Park                                                       3.23%              19

     Clara Shepherd Park                                                    2.89%              17

     Robert C. Lighton Memorial Park                                        2.89%              17

     Joe Clifford Park                                                      1.70%              10

     Total                                                                                     1472


The results of the following Neighborhood Parks are ordered by number of responses. Contrary to the Community
Parks section, survey takers were not asked the same questions for each park.
The questions asked for each park were determined by the Parks & Recreation department depending on the realistic
capacity for each park.



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                                                                                                          Page 156 of 233
Beachwood Park Results

Question 1 | If you could add something new to the park, what would it be?




Question 2 | Tell us what you like to see done with this park:
*Answers on open feedback results.


Question 3 | Please rank the items below in order of importance to you.




 ANSWER OPTION           1ST PRIORITY     2ND PRIORITY           TOTAL       SCORE

                         50.26%           49.74%
 Basic Park Amenities                                            189         1.50
                         95               94

                         49.74%           50.26%
 Parking Lot Repairs                                             189         1.50
                         94               95




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                                                                                     Page 157 of 233
Question 4 | Select your top three recreation opportunities you like to see at this park.




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Hackley Park Results

Question 1 | Please rank the items below in order of importance to you.




     ANSWER OPTION                           1ST PRIORITY   2ND PRIORITY   TOTAL   SCORE

                                             53.71%         46.29%
     Electrical Upgrades                                                   175     1.46
                                             94             81

                                             46.29%         53.71%
     Basic Park Amenities                                                  175     1.54
                                             81             94




Question 2 | Tell us what you like to see done with this park:
*Answers on open feedback results.




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                                                                                           Page 159 of 233
Margaret Drake Elliott Park Results

Question 1 | Please rank the items below in order of importance to you.




     ANSWER OPTION                      1ST PRIORITY     2ND PRIORITY   3RD PRIORITY   TOTAL   SCORE


                                        75.29%           13.61%         11.38%
     New Playground                                                                    170     1.36
                                        128              23             19

                                        21.76%           61.54%         17.37%
     Resurface Parking Lots                                                            170     1.95
                                        37               104            29

                                        2.94%            24.85%         71.26%
     Improved Lighting                                                                 166     2.69
                                        5                42             119



Question 2 | If you could add something new to the park, what would it be?




*Other (please specify)” responses on open feedback results.




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                                                                                                       Page 160 of 233
Question 3 | Select your top three recreation opportunities you like to see at this park.




*Other (please specify)” responses on open feedback results.



Question 4 | Are there any assets at this park that no longer serve a purpose?
*Answers on open feedback results.




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                                                                                            Page 161 of 233
Lake Michigan Park Results

Question 1 | Tell us what you like to see done with this park:
*Answers on open feedback results




Harbour Towne Beach Results

Question 1 | Tell us what you like to see done with this park:
*Answers on open feedback results.

Question 2 | Select your top three recreation opportunities you like to see at this park.




Muskegon Splash Pad Results

Question 1 | Tell us what you like to see done with this park:
*Answers on open feedback results.


Downtown Muskegon Dog Park Results

Question 1 | Tell us what you like to see done with this park:
*Answers on open feedback results.


Hartshorn Marina Results

Question 1 | Tell us what you like to see done with this park:
*Answers on open feedback results.




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                                                                                            Page 162 of 233
Nims Park Results

Question 1 | Select your top three recreation opportunities you like to see at this park.




Question 2 | Tell us what you like to see done with this park:
*Answers on open feedback results.




Marsh Field Park Results

Question 1 | Select your top three recreation opportunities you like to see at this park.




Question 2 | Tell us what you like to see done with this park:
*Answers on open feedback results.




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                                                                                            Page 163 of 233
Sheldon Park Results

Question 1 | Please rank the items below in order of importance to you.




                                            1ST          2ND        3RD        4TH
         ANSWER OPTION                                                                    TOTAL   SCORE
                                            PRIORITY     PRIORITY   PRIORITY   PRIORITY

                                            76%          16%        6%         2%
         New Restroom                                                                     50      1.34
                                            38           8          3          1

                                            6%           52%        20%        22%
         Parking Lot Paving                                                               50      2.58
                                            3            26         10         11

                                            16%          16%        52%        16%
         New Playground                                                                   50      2.68
                                            8            8          26         8

                                            2%           16%        22%        60%
         Basketball Court Improvements                                                    50      3.40
                                            1            8          11         27


Question 2 | If you could add something new to the park, what would it be?




*Other (please specify)” responses on open feedback results.



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                                                                                                          Page 164 of 233
Question 3 | Select your top three recreation opportunities you like to see at this park.




“Other (please specify)” responses on open feedback results.

Question 4 | Are there any assets at this park that no longer serve a purpose?
*Answers on open feedback results.




Lighthouse Park Results

Question 1 | Tell us what you like to see done with this park:
*Answers on open feedback results.




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                                                                                            Page 165 of 233
Richards Park “Boom Park” Results
Question 1 | Please rank the items below in order of importance to you.




 ANSWER OPTION                                       1ST PRIORITY   2ND PRIORITY   TOTAL   SCORE

                                                     55.56%         44.44%
 Establish Parking Area + Enhance Trailhead                                        45      1.44
                                                     25             20

                                                     44.44%         55.56%
 Disc Golf Cement Pads                                                             45      1.56
                                                     20             25




Question 2 | If you could add something new to the park, what would it be?




*Other (please specify)” responses on open feedback results.




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                                                                                                   Page 166 of 233
Question 3 | Select your top three recreation opportunities you like to see at this park.




Question 4 | Are there any assets at this park that no longer serve a purpose?
*Answers on open feedback results.




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St. Joseph Park Results

Question 1 | Please rank the items below in order of importance to you.




     ANSWER OPTION                           1ST PRIORITY   2ND PRIORITY   TOTAL      SCORE

                                             81.58%         18.42%
     New Playground                                                        38         1.18
                                             31             7

                                             18.42%         81.58%
     Basic Park Amenities                                                  38         1.82
                                             7              31




Question 2 | Select your top three recreation opportunities you like to see at this park.




Question 3 | Tell us what you like to see done with this park:
*Answers on open feedback results.




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                                                                                              Page 168 of 233
McLaughlin Park Results

Question 1 | Select your top three recreation opportunities you like to see at this park.




Question 2 | Tell us what you like to see done with this park:
*Answers on open feedback results.




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Aamodt Park Results

Question 1 | If you could add something new to the park, what would it be?




 ANSWER OPTION                                                 COUNT              PERCENTAGE

 Bathrooms                                                     13                 68.42%

 Wi-Fi And Charging Blocks                                     8                  42.11%

 Basketball Court                                              8                  42.11%

 Parking Lot                                                   7                  36.84%

 Interactive Walkable Storyboards                              6                  31.58%

 Dog Park                                                      4                  21.05%

 Total                                                         46



Question 2 | Tell us what you like to see done at this park:
Answers on open feedback results.

Question 3 | Select your top three recreation opportunities you like to see at this park.




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                                                                                               Page 170 of 233
Green Acres Park Results

Question 1 | If you could add something new to the park, what would it be?




*Other (please specify)” responses on open feedback results.


Question 2 | Tell us what you like to see done at this park:
*Answers on open feedback results.




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                                                                             Page 171 of 233
Clara Shepherd Park Results

Question 1 | Select your top three recreation opportunities you like to see at this park.




Question 2 | Tell us what you like to see done at this park:
*Answers on open feedback results.




Robert C. Lighton Memorial Park Results

Question 1 | Select your top three recreation opportunities you like to see at this park.




Question 2 | Tell us what you like to see done at this park:
*Answers on open feedback results.




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                                                                                            Page 172 of 233
Joe Clifford Park Results

Question 1 | Tell us what you like to see done at this park:
*Answers on open feedback results.

Question 2 | Please rank the items below in order of importance to you.




 ANSWER OPTION           1ST PRIORITY     2ND PRIORITY         TOTAL               SCORE

                         77.78%           22.2%
 New Playground                                                9                   1.22
                         7                2

                         22.2%            77.78%
 Basic Park Amenities                                          9                   1.78
                         2                7


Question 3 | Select your top three recreation opportunities you like to see at this park.




End of Section 3 | Neighborhood Parks




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                                                                                            Page 173 of 233
Section 4 | Future Park Planning
The Parks & Recreation Department asked survey takers to provide feedback on potential future park amenities. The
majority of the survey was to collect data to aid in understanding the community’s thoughts on current park assets, but
the Parks & Recreation Department was also interested in beginning to plan for adding new and additional amenities to
the parks. It was noted at the beginning of the section there are no current plans to add any of the below-mentioned
amenities, but the department was carefully studying the feedback.

What would you like to see added to our community?




 ANSWER OPTION                                                     COUNT                     PERCENTAGE

 More Public Water Access (fishing, kayaking, swimming, etc.)      282                       43.45%

 Outdoor Ice Skating Rink                                          268                       41.29%

 Nature Preserve                                                   264                       40.68%

 Improve/Expand Greenways (non-motorized transportation paths)     239                       36.83%

 Additional Splash Pad                                             220                       33.90%

 Additional Dog Park                                               163                       25.12%

 Multipurpose Recreation Facility (for rentals, programs, etc.)    117                       18.03%

 Flagship Playground                                               108                       16.64%

 Festival Grounds                                                  106                       16.33%

 More Disc Golf Courses                                            80                        12.33%

 Total                                                             1,847




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                                                                                                            Page 174 of 233
Additional Dog Park | Select your ideal park(s) for a new dog park.




 ANSWER OPTION                                         COUNT          PERCENTAGE

 McGraft Park                                          40             27.78%

 Seyferth Park                                         27             18.75%

 Kruse Park                                            22             15.28%

 Lake Michigan Park                                    19             13.19%

 Beachwood Park                                        13             9.03%

 Campbell Field                                        10             6.94%

 Harbour Towne Park                                    9              6.25%

 Sheldon Park                                          7              4.86%

 Reese Playfield                                       6              4.17%

 McCrea Playfield                                      5              3.47%

 Smith-Ryerson Park                                    5              3.47%

 Aamodt Park                                           4              2.78%

 Beukema Playfield                                     3              2.08%

 Margaret Drake Elliot                                 2              1.39%

 Total                                                 172



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                                                                                   Page 175 of 233
Splash Pad | Select your ideal park(s) for a new splash pad.




 ANSWER OPTION                                         COUNT   PERCENTAGE

 Seyferth Park                                         35      16.75%

 Beachwood                                             29      13.88%

 McGraft Park                                          27      12.92%

 Reese Playfield                                       27      12.92%

 Marsh                                                 26      12.44%

 Pere Marquette Beach Park                             25      11.96%

 Smith-Ryerson Park                                    24      11.48%

 Campbell Field                                        19      9.09%

 Margaret Drake Elliot                                 17      8.13%

 Beukema Playfield                                     11      5.26%

 Kruse Park                                            11      5.26%

 Sheldon                                               11      5.26%

 Aamodt                                                9       4.31%

 McCrae Playfield                                      8       3.83%

 St. Joseph                                            6       2.87%

 Fishermen's Landing                                   4       1.91%

 Clara Shepherd                                        2       0.96%

 TOTAL                                                 291




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                                                                            Page 176 of 233
Outdoor Ice Rink | Select your ideal park(s) for an outdoor ice skating rink.




 ANSWER OPTION                                          COUNT                   PERCENTAGE

 McGraft Park                                           78                      32.50%

 Beachwood Park                                         53                      22.08%

 Seyferth Park                                          40                      16.67%

 Muskegon Splash Pad Park                               26                      10.83%

 Campbell Field                                         26                      10.83%

 Reese Playfield                                        19                      7.92%

 Smith-Ryerson Park                                     19                      7.92%

 Pere Marquette Beach Park                              11                      4.58%

 Kruse Park                                             10                      4.17%

 Margaret Drake Elliott Park                            10                      4.17%

 Sheldon Park                                           9                       3.75%

 McLaughlin Park                                        4                       1.67%

 Aamodt Park                                            3                       1.25%

 Beukema Playfield                                      3                       1.25%

 Robert C. Lighton Memorial Park                        2                       0.83%

 McCrae Playfield                                       0                       0%

 TOTAL                                                  313


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                                                                                             Page 177 of 233
Public Water Access | Select your ideal park(s) for improved public water access (fishing, swimming,
kayaking, etc.).




     ANSWER OPTION                                       COUNT                PERCENTAGE

     Harbour Towne Beach                                 93                   36.47%

     Foundry Park (Hartshorn)                            57                   22.35%

     Kruse Park                                          51                   20%

     McGraft Park Area                                   39                   15.29%

     Lake Michigan                                       37                   14.51%

     Pere Marquette Beach Park                           35                   13.73%

     Richards Park "Boom Park"                           16                   6.27%

     Smith-Ryerson Park                                  12                   4.71%

     Green Acres Park                                    6                    2.35%

     Robert Fischer Park                                 5                    1.96%

     Margaret Drake Elliott Park                         5                    1.96%

     TOTAL                                               356




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Feedback on anything we missed:
*Answers on open feedback results.



OPEN FEEDBACK PORTION AVAILABLE AT REQUEST TO: PARKSANDRECREATION@SHORELINECITY.COM




End of section 4 | Future Park Planning

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                                                                               Page 179 of 233
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                                         Page 180 of 233
                          Agenda Item Review Form
                          Muskegon City Commission
Commission Meeting Date: April 9, 2024                 Title: Equipment Purchase – Fleet Vehicles

Submitted by: Joe Buthker, DPW Superintendent          Department: DPW- Equipment & Sanitation

Brief Summary:
Staff requests approval to purchase five Chevrolet Equinox vehicles.

Detailed Summary & Background:
The Equipment Division is seeking approval to purchase five administration vehicles from Berger
Chevrolet through the MiDEAL contract. Four of these vehicles will be replacements for current fleet
vehicles. These four vehicles will be paid for with the Equipment Fund, using funds budgeted for
vehicle purchases. One of these vehicles will be a new purchase for the new Parks Ranger position
that will be paid for by the Parks Department using ARPA funds.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Sustainability in financial practices and infrastructure

Goal/Action Item:
2027 Goal 4: Financial Infrastructure

Amount Requested:                                      Budgeted Item:
$146,705.00                                                Yes   X    No           N/A

Fund(s) or Account(s):                                 Budget Amendment Needed:
661-563-978 ($116,807 - Equipment Fund)                    Yes        No       X   N/A
482-901-735-092339 ($29,898 - Parks Dept. ARPA
Fund)

Recommended Motion:
I move to authorize staff to proceed with the purchase of five Chevrolet Equinox vehicles from Berger
Chevrolet.

Approvals:                                             Guest(s) Invited / Presenting:
Immediate Division          X
Head                                                       No

Information
Technology
Other Division Heads
Communication



                                                                                            Page 181 of 233
Legal Review




               Page 182 of 233
                          Agenda Item Review Form
                          Muskegon City Commission
Commission Meeting Date: April 9, 2024                 Title: Equipment Purchase - Trailers

Submitted by: Joe Buthker, DPW Superintendent          Department: DPW- Equipment & Sanitation

Brief Summary:
Staff is requesting approval to purchase three trailers for the Equipment Division.

Detailed Summary & Background:
The first trailer purchase will be a new Low Boy trailer used for hauling heavy equipment to and
from job sites. It will replace our current Low Boy trailer that has been retired. Four bids were
received, and staff recommends the low bid of $49,080 from Kaufman Trailer.
 Low Boy Trailer Bids
 Kaufman Trailer         $49,080
 WM International        $58,900
 Pace Transportation $65,492
 Michigan CAT            $76,527

The other two equipment trailers will be used for transporting smaller equipment to and from
job sites. Three bids were received: two for Sure-Trac trailers and one for a Diamond trailer. The
Equipment Division already owns one Sure-Trac equipment trailer and has found it to suit our
needs perfectly. Staff is recommending the low bid of $27,400 from Grandville Trailer for the
purchase of two Sure-Trac trailers.
 Equipment Trailer
 Dealer              Trailer       Price
 Grandville Trailer Sure-Trac $27,400
 Holland Trailer     Sure-Trac $27,790
 Holland Trailer     Diamond $30,482

The purchase of all three trailers for $77,080 is budgeted for this fiscal year as part of the
equipment purchase fund.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Sustainability in financial practices and infrastructure

Goal/Action Item:



                                                                                                 Page 183 of 233
2027 Goal 4: Financial Infrastructure

Amount Requested:                                  Budgeted Item:
$77,080                                             Yes       X   No           N/A

Fund(s) or Account(s):                             Budget Amendment Needed:
661-563-977                                         Yes           No       X   N/A

Recommended Motion:
I move to authorize staff to proceed with the purchase of a Low Boy trailer from Kaufman Trailer and
two Sure-Trac trailers from Grandville Trailer.

Approvals:                                         Guest(s) Invited / Presenting:
Immediate Division         X
Head                                                 No

Information
Technology
Other Division Heads
Communication
Legal Review




                                                                                         Page 184 of 233
Equipment Purchases – Trailers




     Kaufman Low Boy Trailer




Sure-Trac Pro Series Tilt Bed Trailer




                                        Page 185 of 233
                          Agenda Item Review Form
                          Muskegon City Commission
Commission Meeting Date: April 9, 2024                 Title: Asset Management Software

Submitted by: Joe Buthker, DPW Superintendent          Department: DPW- Water Filtration Plan

Brief Summary:
Staff requests authorization to enter into a contract with OpenGov for a three-year subscription,
along with setup services, to implement an asset management software system for the Water
Filtration Plant.

Detailed Summary & Background:
For years, the Water Filtration Plant has relied on a mix of staff experience, paper documents,
and a variety of electronic documents to track water plant assets and maintenance activities.
Due to the large number of assets and complex maintenance tasks performed by staff at the
Water Filtration Plant, this method has proven to be inadequate.

Two departments within DPW have already begun the process of using Cartegraph, an asset
management program designed for public works. The staff of the Water Filtration Plant is
excited to be the third department to bring Cartegraph on board. Water Filtration Plant staff
believe that Cartegraph will modernize the maintenance of the Water Filtration Plant assets,
improve reliability, and permit staff to become more efficient, proactive, and proficient.

This is a 3-year contract for software services with the first year prorated for a 7-month period.
This will permit the Water Filtration contract to renew on 11-27-2024, which is the same time
other DPW departments are due for renewal.

 Year 1 (04-27-2024 to 11-26-2024) $7,230.42
 Year 2 (11-27-2024 to 11-26-2025) $12,395.00
 Year 3 (11-27-2025 to 11-26-2026) $13,014.75

There will be additional one-time costs this fiscal year of $23,370 for professional services and
$2,400 for travel and expenses related to training. This cost will be for Cartegraph staff to help
the Water Filtration Plant implement the software and develop customizations that will assist
our operations.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Sustainability in financial practices and infrastructure

Goal/Action Item:
2027 Goal 4: Financial Infrastructure



                                                                                             Page 186 of 233
Amount Requested:                                  Budgeted Item:
FY 23: 33,000.42                                    Yes      X    No           N/A
FY 24: 12,395.00
FY 25: 13,014.75

Fund(s) or Account(s):                             Budget Amendment Needed:
591-558                                             Yes           No       X   N/A

Recommended Motion:
I move to approve staff to enter into a contract with OpenGov for a three-year subscription and
setup services to implement an asset management software system for Water Filtration Plant assets.

Approvals:                                         Guest(s) Invited / Presenting:
Immediate Division        X
Head                                                 No

Information
Technology
Other Division Heads
Communication
Legal Review




                                                                                        Page 187 of 233
                                                                                                                           OpenGov Inc.
                                                                                                                           660 3rd Street, Suite 100
                                                                                                                           San Francisco, CA 94107
                                                                                                                           United States


Order Form Number:              OG-14805
Created On:                     4/1/2024                                                                                                           Prepared By:         Alex Martinez
Order Form Expiration:          4/30/2024                                                                                                          Email:               amartinez@opengov.com
Subscription Start Date:        4/27/2024                                                                                                          Contract Term:       Prorated + 12 Months
Subscription End Date:          11/26/2026

  Customer Information
  Customer:                     City of Muskegon, MI                                                                                               Contact Name:        Joe Buthker
  Bill To/Ship To:              PO Box 536 207                                                                                                     Email:               joe.buthker@shorelinecity.com
                                Muskegon, MI                                                                                                                            321-724-4104
                                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


Water Treatment Domain                                                               4/27/2024             11/26/2024                                                                                             $7,230.42




Water Treatment Domain                                                               11/27/2024            11/26/2025                                                                                            $12,395.00




Water Treatment Domain                                                               11/27/2025            11/26/2026                                                                                            $13,014.75




                                                                                                                                                                    Annual Subscription Total:            See Service Terms


PROFESSIONAL SERVICES:
Product / Service                                  Description
 OpenGov Deployment — One Time Fee (Prepaid Hours) Product configuration, setup, and training described in the attached SOW.
                                                                                                                                                                    Professional Services Total:                  $23,370.00

Serivce Terms
           Service Date:                Amount:
           April 27, 2024              $30,600.42          (Prorated Annual Software Fee + Professional Services)
         November 27, 2024             $12,395.00          (Annual Software Fee)
         November 27, 2025             $13,014.75
         Billed as Incurred             $2,400.00          (Estimated Travel & Expenses)


  Order Form Legal Terms
This Order Form incorporates the OpenGov Master Services Agreement ("MSA") attached here or available at https://opengov.com/terms-of-service/master-services-agreement/.

The "Agreement" between OpenGov and the entity identified above ("Customer") consists of the Order Form, MSA, and, if Professional Services are purchased, the Statement of Work. Unless otherwise specified above, fees for
the Software Services and Professional Services shall be due and payable, in advance, 30 days from receipt 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:




                                                                                                                                                                                               Page 188 of 233
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: April 9, 2024              Title: Easement Modification for former Giddings
                                                    Right of Way

Submitted by: Jake Eckholm, Development             Department: Economic Development
Services Director

Brief Summary:
Platinum Construction has an approved site plan to build for-sale commercial storage condos on
vacant property on Ottawa Street, but a former Giddings St. Right of Way Easement is in the way of
one of the units.

Detailed Summary & Background:
For over a year, Platinum Construction has been working on a project to construct new storage
facilities on Ottawa Street, including city-owned lots that they have purchased. They have an
approved site plan and are ready to receive construction permits, but before they finalize the project
there is an easement area that must be adjusted. Their architect/engineer Feelstra has worked with
Parmenter Law to create the necessary language to be recorded pending Commission approval.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:

Progress toward completion of ongoing economic development projects

Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business

Amount Requested:                                   Budgeted Item:
$0                                                   Yes           No           N/A

Fund(s) or Account(s):                              Budget Amendment Needed:
NA                                                   Yes           No           N/A

Recommended Motion:
Motion to approve the resolution amending street vacation as presented, and authorize the mayor
and clerk to sign.

Approvals:                                          Guest(s) Invited / Presenting:
Immediate Division
Head                                                 Yes

Information
Technology


                                                                                         Page 189 of 233
Other Division Heads
Communication
Legal Review




                       Page 190 of 233
                                    RESOLUTION AMENDING
                                 STREET VACATION RESOLUTION

       This Resolution is made by the City of Muskegon (“City”), a Michigan municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440, with reference to the following facts:

                                                Background

        A.       On November 26, 1963, the Muskegon City Commission adopted a resolution declaring
certain portions of streets vacated, discontinued and abolished. A copy of such resolution was recorded
with the Muskegon County Register of Deeds on December 16, 1963 at Liber 790, Page 407, a copy of
which is attached hereto as Exhibit A (the “1963 Resolution”).

         B.       The 1963 Resolution also provides that such road vacation shall not conflict or interfere
with the utility rights previously acquired by the City or by any public service utility in the City operating
in, over, and upon said portion of the streets vacated by the 1963 Resolution.

         C.      The City now wishes to amend the 1963 Resolution by surrendering certain of the City’s
rights related to the portion of Giddings Avenue vacated in accordance with paragraph 5 of the 1963
Resolution and as further described in this Resolution.

      Therefore, for good and valuable consideration, the receipt and sufficiency of which are
acknowledged, the parties agree as follows:

        1.       Definitions. Capitalized terms not defined in this Resolution will have the same meanings
as defined in the 1963 Resolution.

          2.       Amendment. The City surrenders all its utility rights and all rights of public service
utilities in the following property:

        The portion of Giddings Avenue lying between the Easterly line of Ottawa Street and the Westerly
        line of U.S. 31 Business Route, Block 156 of the Revised Plat (of 1903) of the City of Muskegon,
        Muskegon County, Michigan, as recorded in Liber 3 of Plats, Page 71, Muskegon County Records,
        except that part taken for State Highway purposes in the instrument recorded in Liber 772, Pages
        261-286, inclusive, EXCEPT

        That part of the Vacated Giddings Avenue right of way in the 1903 Revised Plat of the City of
        Muskegon described as: Beginning at the Northwest corner of Lot 1, Block 159 of said Plat; thence
        Northerly 15.00 feet along the East Right of Way line of Ottawa Street (66.00 feet wide); thence
        Easterly 15.00 feet parallel with the South line of the Vacated Giddings Avenue right of way; thence
        Southerly 15.00 feet parallel with the East right of way line of Ottawa Street to the South line of
        the Vacated Giddings Ave. right of way; thence Westerly 15.00 feet along said South line to the




                                                                                                        Page 191 of 233
        Point of Beginning, over which the City retains a watermain easement. The watermain easement is
        depicted on Exhibit B.

        3.     No Other Amendments. Except as expressly set forth in this Resolution, the 1963
Resolution remains in full force and effect and is enforceable according to its terms.

        4.      Effective Immediately. This Resolution shall become effective immediately.


RECORD OF VOTE:

        Yeas: _________________________________________________

        Nays: _________________________________________________

        Abstain: _______________________________________________

RESOLUTION DECLARED ADOPTED.

                                                                 CITY OF MUSKEGON

                                                                 By___________________________
                                                                 Ann Marie Meisch, City Clerk


                                           CERTIFICATION

STATE OF MICHIGAN
COUNTY OF MUSKEGON

        I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
meeting of the City Commission of the City of Muskegon, Michigan, held on the 9th day of April, 2024
and that the minutes of the meeting are on file in the office of the City Clerk and are available to the
public. Public notice of the meeting was given pursuant to and in compliance with Act 267, Public Acts
of Michigan, 1976.

                                                                 ______________________________
                                                                 Ann Marie Meisch, City Clerk




Prepared by and When Recorded Return to:
Parmenter Law
P.O. Box 786
Muskegon, MI 49443-0786




                                                                                                     Page 192 of 233
  Exhibit A

1963 Resolution

 [See attached]




                  Page 193 of 233
         Exhibit B

Watermain Easement Depiction

        [See attached]




                               Page 194 of 233
                          Agenda Item Review Form
                          Muskegon City Commission
Commission Meeting Date: April 9, 2024                 Title: Water & Sewer Rate Changes

Submitted by: Dan VanderHeide, Public Works            Department: Public Works
Director

Brief Summary:
Staff requests adoption of the two included resolutions setting water and sewer rates for the fiscal
year from July 1, 2024 to June 20, 2025.

Detailed Summary & Background:
On April 8, 2024, staff presented a synopsis of the water system finances, including that the water
system is in debt to other City funds by over $2,000,000 at the close of the 22-23 fiscal year. This is due
to increasing labor and material costs and capital-intensive repairs to the system.

Staff is recommending no changes to the sewer rates, except for the updated debt service fee as
described below. Staff recommends a 10% increase in the water commodity rate from $2.06 per unit
to $2.27 per unit, and recommends the updated debt service fee described below.

This is the second year of the debt service fee, and the first time it will be updated on an annual basis.
 This fee, when combined from all accounts, represents the total amount of debt paid in the prior
fiscal year (for example, the fee proposed at this time will reimburse the system for the debt paid in
the fiscal year ending June 30, 2023). Each year, staff will make an accounting of the amount of
debt paid by each of the systems and will present adjustments to the fee for consideration by the
Commission. This will more directly tie the projects the City performs to the amount of the water bill,
and will allow the fee to be reduced as certain bonds or other debts fall off of the system books.

The fee is distributed on a meter equivalency basis, meaning a typical residential account will pay
the fee at a rate of “one,” while commercial and industrial accounts will pay the fee at a potentially
higher rate depending on the size of their water meter. Irrigation accounts will not pay the fee,
assuming they are tied to a domestic water account at the same address. Attached is a breakdown
of the meter equivalency calculations using factors from the American Water Works Association
(AWWA). The water system paid $1,177,421 in debt payments for the fiscal year ending June 30, 2023,
and the sewer system paid $399,455 for the same period. Using the attached chart, the fee will be
$5.94 per month for a residential account on the water system, and $2.02 per month for a residential
account on the sewer system. This represents a $0.52 decrease in the combined debt service fees
compared to the current fees.

City Code states that the City Commission sets the water and sewer rates by resolution. The
attached resolutions will establish the rates and fees described herein, effective July 1, 2024.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Sustainability in financial practices and infrastructure



                                                                                              Page 195 of 233
Goal/Action Item:
2027 GOAL 4: FINANCIAL INFRASTRUCTURE - Reliable and efficient short and long term financial
practices

Amount Requested:                                    Budgeted Item:
N/A                                                   Yes           No           N/A      X

Fund(s) or Account(s):                               Budget Amendment Needed:
590 (Sewer) and 591 (Water)                           Yes           No           N/A      X

Recommended Motion:
Adoption of the two included resolutions setting water and sewer rates for the fiscal year from July 1,
2024 to June 30, 2025.

Approvals:                                           Guest(s) Invited / Presenting:
Immediate Division         X
Head                                                   No

Information
Technology
Other Division Heads       X
Communication
Legal Review




                                                                                              Page 196 of 233
             AWWA       Factor with   Water Fee   Sewer Fee Number of               Water Debt     Sewer Debt
             Capacity       3/4"      By Meter     by Meter  Metered Equivalent     Service Fee    Service Fee
Meter Size    (GPM)     Equivalent      Size         Size    Accounts Accounts       Collected       Collected
Unknown                     1.00      $    5.94   $     2.02    229      229      $ 16,323.12      $ 5,550.96
 5/8 inch      20           1.00      $    5.94   $     2.02  10,109   10,109     $ 720,569.52     $245,042.16
 3/4 inch      30           1.00      $    5.94   $     2.02   1,872    1,872     $ 133,436.16     $ 45,377.28
  1 inch       50           1.67      $    9.90   $     3.37    289      482      $ 34,333.20      $ 11,675.60
1-1/2 inch     100          3.33      $ 19.80     $     6.73    185      617      $ 43,956.00      $ 14,948.00
  2 inch       160          5.33      $ 31.68     $ 10.77       217     1,157     $ 82,494.72      $ 28,053.76
  3 inch       300         10.00      $ 59.40     $ 20.20        45      450      $ 32,076.00      $ 10,908.00
  4 inch       500         16.67      $ 99.00     $ 33.67        47      783      $ 55,836.00      $ 18,988.00
  6 inch      1,000        33.33      $ 198.00    $ 67.33        19      633      $ 45,144.00      $ 15,352.00
  8 inch      1,600        53.33      $ 316.80    $ 107.73        1       53      $     3,801.60   $ 1,292.80
 10 inch      2,300        76.67      $ 455.40    $ 154.87        0        0      $          -     $        -
 12 inch      4,300       143.33      $ 851.40    $ 289.53        1      143      $ 10,216.80      $ 3,474.40
                                                              13,014   16,529     $ 1,178,187.12   $400,662.96




                                                                                                                 Page 197 of 233
Assumed 3/4" or less
Tied to 3/4" for Calculation


Includes 6 1-1/4" Meters




Includes all sizes above 12"




                               Page 198 of 233
                                       CITY OF MUSKEGON
                                     RESOLUTION NO.

At a regular meeting of the City Commission of Muskegon, Michigan, held at the City Commission Chambers on
April 9, 2024.

RECITALS

A review of the rates for water service has been accomplished by the city's staff, recommendations received, and
the City Commission has determined that the following rate changes are justified. Accordingly, this resolution is
made for the purpose of maintaining the financial viability of the city's water system.

THEREFORE, THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY RESOLVES:

1. Effective June 30, 2024, to rescind City of Muskegon Resolution No. 2023-71(K), which was adopted June 27,
2023

2. Charges for residential water service are hereby established as $2.27 per hundred cubic feet effective July
1, 2024.

3. The lead service line replacement fee shall remain unchanged at $5.00 per month per account.

4. The monthly debt service fee is hereby established as $5.94 effective July 1, 2024, charged on a ¾-inch
residential meter equivalency basis as described by the American Water Works Association (AWWA).

The above changes to be effective as noted above.

This resolution adopted.


YEAS:



NAYS:


CITY OF MUSKEGON

By:
      Ann Marie Meisch, MMC, City Clerk

STATE OF MICHIGAN COUNTY OF MUSKEGON

I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a meeting of the Board of
Commissioners of the City of Muskegon, Michigan, held on the 23rd day of June, 2020 and that the minutes of the
meeting are on file in the office of the City Clerk and are available to the public. Public notice of the meeting was
given pursuant to and in compliance with Act 267, Public Acts of Michigan, 1976.




                                                                                                            Page 199 of 233
                                       CITY OF MUSKEGON
                                     RESOLUTION NO.

At a regular meeting of the City Commission of Muskegon, Michigan, held at the City Commission Chambers on
April 9, 2024.

RECITALS

A review of the rates for sewer service has been accomplished by the city's staff, recommendations received, and
the City Commission has determined that the following rate changes are justified. Accordingly, this resolution is
made for the purpose of maintaining the financial viability of the city's sewer system.

THEREFORE, THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY RESOLVES:

1. Effective June 30, 2024, to rescind City of Muskegon Resolution No. 2023-71(K), which was adopted June 27,
2023

2. Charges for residential sewer service shall remain unchanged at a multiplier 1.90 of the rate the county bills
the city for wastewater treatment effective July 1, 2024, with future rates to be adjusted as the county charges
are adjusted. The monthly sewer administration charge shall remain unchanged at $3.00.

3. Charges for commercial/industrial sewer service shall continue to be billed at a rate of 1.25 times (1.25x) the
city rate for residential sewer service. The monthly sewer administration charge shall remain unchanged to $3.00.

4. Charges for all non-metered residential sewer customers will be calculated based on an assumed usage rate
of 12 hundred cu. ft. per month.

5. Unless there is a separate agreement specifying a different billing method, non-resident users of the city sewer
system will be billed at a rate that is double (2x) the city rate for that class of user.

6. The monthly debt service fee is hereby established as $2.02 effective July 1, 2024, charged on a ¾-inch
residential meter equivalency basis as described by the American Water Works Association (AWWA).

The above changes to be effective as noted above.

This resolution adopted.


YEAS:



NAYS:


CITY OF MUSKEGON

By:
      Ann Marie Meisch, MMC, City Clerk

STATE OF MICHIGAN COUNTY OF MUSKEGON

I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a meeting of the Board of
Commissioners of the City of Muskegon, Michigan, held on the 23rd day of June, 2020 and that the minutes of the
meeting are on file in the office of the City Clerk and are available to the public. Public notice of the meeting was
given pursuant to and in compliance with Act 267, Public Acts of Michigan, 1976.


                                                                                                            Page 200 of 233
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: April 9, 2024               Title: Froebel School Access and Construction
                                                     Agreement with Muskegon County Land Bank

Submitted by: Jake Eckholm, Development              Department: Economic Development
Services Director

Brief Summary:
City Staff, Land Bank staff, and Samaritas have partnered to achieve a $1.4 million grant to improve
Froebel School, and we need a legal agreement as the owner allowing other entities to conduct
work there before the grant funds can be assigned.

Detailed Summary & Background:
The City has worked with the County Land Bank and Samaritas to apply for and received an award
of $1.4 million dollars to conduct hard cost improvements to the Froebel School facility in anticipation
of it being a LIHTC affordable housing candidate to MSHDA in October of this year. While the City
Commission has already approved a sale of the site to Samaritas contingent on the award of tax
credits, we remain the owner until that process is complete. As the fiduciary of the grant funds, the
County Land Bank will retain Samaritas/Pinnacle Construction to conduct the improvements to the
building, and we need to have a formal access agreement allowing them to do so. Improvements
are to be determined after a formal assessment, but are likely to include a new roof as well as some
environmental abatement and potentially new window systems.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Diverse housing types

Progress toward completion of ongoing economic development projects

Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business

Amount Requested:                                    Budgeted Item:
NA                                                    Yes           No            N/A

Fund(s) or Account(s):                               Budget Amendment Needed:
NA                                                    Yes           No            N/A

Recommended Motion:
Motion to approve the Access Agreement between the City of Muskegon and the Muskegon County
Land Bank as presented, and to authorize the Mayor and Clerk to sign.

Approvals:                                           Guest(s) Invited / Presenting:


                                                                                            Page 201 of 233
Immediate Division
Head                   Yes

Information
Technology
Other Division Heads
Communication
Legal Review




                             Page 202 of 233
                                  SITE ACCESS AGREEMENT

       This Site Access Agreement (“Agreement”) is made by and between the City of Muskegon,
a Municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440 (“City”) and Muskegon
County Land Bank Authority, a Michigan limited liability company, of 173 E Apple Ave #104,
Muskegon, MI 49442 (“Land Bank”) (together the “Parties”) with reference to the following facts:

                                             Background

        A.     City owns the real property commonly known as 417 Jackson Ave., Muskegon,
Michigan 49442, Parcel No. 24-205-024-0001-00 (“Site”). The Site includes two (2) buildings
(“Buildings”).

        B.      Land Bank requests permission to enter the Site for the exclusive purposes of
preparing the Site for redevelopment, demo, remodeling, remediation, site prep, and general
construction (the “Scope of Work”).

Therefore, for good and valuable consideration, the parties agree as follows:

        1.     Access. City gives permission to Land Bank or its agents, contractors, or other
authorized representatives (collectively, “Authorized Parties”) to enter upon the Site to perform the
Scope of Work. This permission is effective immediately upon the execution of this Agreement by
City and Land Bank. Authorized Parties may enter the Site during normal business hours and may
also make special arrangements to enter the Site at other times after agreement from the City.

         2.     Scope of Work. The permission granted by City under this Agreement is
contemplated to be used solely for the purposes of redevelopment, demo, remodeling, remediation,
site prep, and general construction (the “Scope of Work”). No actions outside of the Scope of Work
may be taken by the Authorized Parties without the express prior written consent of the City. Land
Bank agrees that the structural integrity of the Buildings or their foundations will be maintained during
the course of the investigation and upon completion of the Scope of Work. City shall have the right
at any time during the term of this Agreement to inspect the Site.

         3.     Costs. Authorized Parties will perform the Scope of Work and any other activity
related to this Agreement at their sole cost and expense. Authorized Parties will not allow any
mechanics or other lien to be placed on the Site. Should any such lien arise due to the acts or omissions
of Authorized Parties or subcontractors working on behalf of Authorized Parties, Land Bank will, no
later than 20 days from the claim of such lien, fully discharge the lien at their expense. City is not
required to perform any activity or incur any expense for any purpose under this Agreement.




      4.       Default. If Authorized Parties fails to perform any of its respective obligations, or
Land Bank fails to perform their obligations set forth in this Agreement, City may terminate and cancel


                                                   1

                                                                                                    Page 203 of 233
Authorized Parties’ right of access to the Site, cure the default, and/or pursue all or any other remedies
available under law or in equity, including, without limit, pursuit of equitable remedies such as
enforcement of obligations by specific performance and/or pursuit of a temporary and/or permanent
injunction. If City cures a default, then Land Bank shall reimburse City for the costs thereof within
ten (10) business days of written request for reimbursement. A default by Authorized Parties shall be
deemed a default by Land Bank.

        5.      No Admission. The granting of this permission by the City is not intended, nor
should it be construed, as an admission of liability on the part of the City or the City’s successors and
assigns for any contamination discovered on the Site.

        6.       Indemnification. Land Bank shall require that any of its agents, contractors,
representatives, or consultants indemnify and hold City harmless from any and all liabilities, claims,
losses, suits, actions, judgments, damages, costs (including reasonable attorneys’ fees), or penalties
arising out of an Authorized Party’s exercise of the right to access the Site and conduct the
investigation.

       7.      Insurance. Prior to Authorized Parties entering the Site to conduct the Scope of
Work, Land Bank shall, and shall cause Authorized Parties to, obtain, maintain, and deliver to City
evidence thereof, at no cost or expense to City:

            a. Professional liability errors and omissions coverage in an amount of not less than
               $2,000,000.00;

            b. Commercial general liability coverage including personal injury, products, and
               completed operations liability, with bodily injury and property damage limits of not
               less than $2,000,000.00 per occurrence, and contractual liability, advertising, and
               personal injury limits of $1,000,000.00 per person or organization;

            c. Worker’s compensation coverage with statutory limits; and

            d. Commercial automobile liability coverage, including owned, non-owned, and hired
               vehicles with coverages of not less than $1,000,000.00 for bodily injury and property
               damage for each accident. This insurance must be in the form of an “occurrence”
               policy.

Such policies to name City as an additional insured party, which insurance shall provide coverage
against any claim for personal liability or property damage caused by the Authorized Parties or their
employees, agents, representatives, or consultants in connection with the Scope of Work.

        8.       Waiver of Claims. Land Bank acknowledges that it enters onto the Site and performs
the Scope of Work at its own risk. Land Bank, for themselves and their respective officers, directors,
shareholders, members, affiliates, agents, employees, and subcontractors, waive any and all Claims
against City arising out of, in connection with, resulting from, or incidental to, directly or indirectly,
the conditions of the Property or any improvements on the Property.

        9.    Term. The term is this Agreement shall commence immediately upon the execution
of this Agreement by the Parties and end on December 31, 2026. Any party to this Agreement may



                                                    2

                                                                                                     Page 204 of 233
terminate this Agreement by giving 30 days advanced written notice, or all Parties may terminate the
Agreement at any time by written agreement.

         10.     Notices. Any notices required to be made under this Agreement shall be made in
writing to the address of the appropriate party as set forth below. All such notices shall be deemed to
have been duly given and received upon the transmission of an e-mail when sent by e-mail to the other
party; three (3) business days after mailing by certified mail return receipt requested; or upon delivery
by courier or personal delivery service. Parties may alter or modify their notice address by delivery of
written notice pursuant to the terms of this Agreement.


To City:                City of Muskegon
                        Attn: City Manager
                        933 Terrace Street
                        Muskegon, MI 49440

With a copy to:         Parmenter Law
                        601 Terrace Street, Suite 200
                        Muskegon, Michigan 49440
                        Attention: Brennen Gorman
                        E-mail: brennen@parmenterlaw.com

To Land Bank:           Muskegon County Land Bank Authority
                        173 E Apple Ave #104
                        Muskegon, MI 49442
                        Attention:
                        E-mail:

    11. General Provisions.

                a.       Notices. Any notice required or permitted to be given under this Agreement
        shall be in writing and shall be deemed to have been given (a) on the same date as the date on
        which such notice is delivered personally; (b) on the date that is three (3) business days after
        the date on which such notice is deposited in the United States registered or certified mail,
        postage prepaid, return receipt requested; or (c) on the date that is one (1) business day after
        the date on which such notice is sent by overnight courier services (such as Federal Express
        or any other nationally-recognized courier service) for next business day delivery, and, in each
        case, sent to the address set forth above, or to such other address as either party may from
        time to time specify in a written notice to the other in accordance with the terms hereof.

               b.      Assignment. Land Bank shall not assign this Agreement without City’s prior
        consent, which consent may be withheld or granted in Seller’s sole and absolute discretion.

                c.     Successors and Assigns. Subject to Section 11(c), this Agreement shall be
        binding upon, and inure to the benefit of, the parties hereto and their respective successors
        and assigns.




                                                   3

                                                                                                    Page 205 of 233
             d.     Amendments. This Agreement may be amended or modified only by a
     written instrument duly authorized and executed by the party or parties intended to be bound
     thereby.

             e.      Governing Law. This Agreement shall be governed by and construed in
     accordance with the laws of the State of Michigan, without regard to the application of choice
     of law principles.

             f.     Counterparts. This Agreement may be executed in two or more counterparts,
     each of which shall be deemed an original, but all of which together shall constitute one and
     the same document.

             g.     Severability. In the event that any provision of this Agreement is held to be
     invalid or unenforceable by a Court of competent jurisdiction, such invalidity or
     unenforceability shall not affect any of the other provisions hereof so that this Agreement is
     valid and enforceable to the fullest extent permitted by law.

             h.       Non-Business Days. If a Party is required to perform an act or give a notice
     on a date that is a Saturday, Sunday, or national holiday, the date such performance or notice
     is due shall be deemed to be the next business day.

CITY:                                              LAND BANK:
CITY OF MUSKEGON                                   MUSKEGON COUNTY LAND BANK
                                                   AUTHORITY



By:                                                By:
___________________________________                ___________________________________
Name: Ken Johnson                                  Name:
Title: Its Mayor                                   ________________________________
Date: ______________________                       Title: ______________________
                                                   Date: ______________________



By: __________________________________
Name: Ann Meisch
Title: City Clerk
Date: _____________________




                                               4

                                                                                              Page 206 of 233
                          Agenda Item Review Form
                          Muskegon City Commission
Commission Meeting Date: April 9, 2024                 Title: Equipment Purchase - Plow Truck

Submitted by: Joe Buthker, DPW Superintendent          Department: DPW- Equipment & Sanitation

Brief Summary:
Staff is requesting approval to purchase a replacement plow truck.

Detailed Summary & Background:
This plow truck will be purchased to replace one of the existing plow trucks in the equipment fleet.
The cab and chassis for this truck will be purchased through the Sourcewell contract for $115,000
from West Michigan International. The build of the box and underbody scraper blade will be done by
Truck and Trailer Specialties for a price of $92,681 under the MiDEAL contract.

The total cost of $207,681 will be paid for with funds budgeted in the upcoming fiscal year (2024-25).
By ordering the plow truck now, we avoid an upcoming 5% increase on the cab/chassis price and
ensure the availability of the truck for next winter.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Sustainability in financial practices and infrastructure
Increase revenue

Goal/Action Item:
2027 Goal 4: Financial Infrastructure

Amount Requested:                                      Budgeted Item:
$207,681.00                                                Yes   X    No           N/A

Fund(s) or Account(s):                                 Budget Amendment Needed:
661-563-978                                                Yes        No       X   N/A

Recommended Motion:
I move to authorize staff to purchase a new plow truck through West Michigan International and
Truck and Trailer Specialties.

Approvals:                                             Guest(s) Invited / Presenting:
Immediate Division          X
Head                                                       No

Information
Technology




                                                                                            Page 207 of 233
Other Division Heads
Communication
Legal Review




                       Page 208 of 233
Equipment Purchase – Plow Truck




                                  Page 209 of 233
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: April 9, 2024                Title: Playground surfacing and installation for
                                                      Margaret Drake Elliot, Sheldon & McCrae Park.

Submitted by: Kyle Karczewski, Parks and              Department: DPW- Parks
Recreation Director

Brief Summary:
In October 2023 we applied and were awarded a grant for new playground equipment at four
parks, Margaret Drake Elliot, St. Joseph, McCrae and Sheldon Park. The equipment was 50% off but
surfacing and installation was not purchased at that time. Now we have quotes for all of these
installations and seek commission approval.

Detailed Summary & Background:
In October 2023 we applied and were awarded a matching grant through GameTime for new
playground equipment at four parks: Margaret Drake Elliot, St. Joseph, McCrae and Sheldon Park.
 The equipment was 50% off but surfacing and installation was not purchased at that time, with the
exception of St. Joseph's. Now we have quotes for all of these installations and seek commission
approval. We would like to select Sinclair Recreation due to their cost and quality. Their installation
team can begin mid-May and would start with Margaret Drake Elliot Park.

Sinclair Recreation: $245,758.00
MRC: $271,200.00
DWA: $273,005.00

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Blight cleanup
Enhanced Parks and Recreation Department and Services



Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Parks and Recreation Department and
Services

Amount Requested:                                     Budgeted Item:
$245,758.00                                            Yes       x   No            N/A

Fund(s) or Account(s):                                Budget Amendment Needed:
482                                                    Yes           No       x    N/A

Recommended Motion:


                                                                                             Page 210 of 233
Authorize staff to contract with Sinclair Recreation for installation and surfacing for 3 new playground
structures.

Approvals:                                           Guest(s) Invited / Presenting:
Immediate Division         x
Head                                                   No

Information
Technology
Other Division Heads
Communication
Legal Review




                                                                                            Page 211 of 233
                       Agenda Item Review Form
                        Muskegon City Commission
Commission Meeting Date: October 24, 2023             Title: GameTime Playground Grant

Submitted By: Kyle Karczewski                         Department: Parks & Recreation

Brief Summary: 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.

Detailed Summary & Background:
Staff applied for and was selected for a GameTiime matching funds grant. The grant provides 100%
matching funds for the equipment portion of the purchase (essentially 50% off). Four parks were
proposed in the grant application: St. Joseph, Margaret Drake Elliot, Sheldon & McCrea. These parks
have playgrounds past their lifespan (one of which was already removed), and preliminary survey
results show the community supports new playground investments at these parks.
Staff engaged the community for help with the exact playgrounds and color selections with an online
survey and open house. The estimated installation for St. Joseph’s & Margaret Drake Elliot will be
spring 2024. Sheldon & McCrea installation dates are TBD due to Master Planning efforts and
working the playgrounds into new park improvements. Funds are proposed from the Parks budgeted
Capital Improvement funds via the convention center naming rights and parking fees.
Install fees: Due to the timeline, the only playground with removal & install fees is St. Joseph’s. This
playground was selected in early 2023 through the Neighborhood for a separate grant so there was
already information for this project. We will have to bid those services out, they typically run between
50k (EWF)-90k (rubber) per park depending on the surfacing selected.

Goal/Focus Area/Action Item Addressed: Enhanced Parks & Recreation Department Services

Amount Requested: $446,531.89                         Budgeted Item:
                                                      Yes          No           N/A

Fund(s) or Account(s): General: $311,531.89           Budget Amendment Needed:
Public Improvement: $135,000                          Yes          No           N/A

Recommended Motion: I move approval 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

Approvals:                                            Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                                Yes

Other Division Heads                                  No

Communication
Legal Review




                                                                                                Page 212 of 233
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                                              GameTime c/o Sinclair Recreation                                                   02/08/2024
                                              176 E Lakewood Blvd                                                                   Quote #
                                              Holland, MI 49424                                                                105189-06-01
                                              Ph: 800-444-4954
                                              Fax: 616-392-8634



                                Sheldon Park - Installation with EWF
City of Muskegon                                                                                                      Ship to Zip 49442
Attn: Kyle Karczewski
PO BOX 536
MUSKEGON, MI 49443-0536
Kyle.karczewski@shorelinecity.com

Quantity Part #     Description                                                                                   Unit Price      Amount
1         INSTALL GT-Impax - Installation of previously purchased grant equipment at Sheldon Park                 $39,650.00 $39,650.00

4925      EWF       GT-Impax - 12" Compacted depth engineered wood fiber surfacing, blown in                          $2.50 $12,312.50
4925      INSTALL GT-Impax - Excavation of proposed grassy area to a depth of 12" for new EWF surfacing               $2.80 $13,790.00

293       INSTALL GT-Impax - Supply and installation of wood timber edging to surround proposed playground area      $23.00      $6,739.00
1         INSTALL GT-Impax - Removal and disposal of exising playground structures-                               $12,750.00 $12,750.00
                  Doesn't include excavation or removal of surfacing, restoration, seeding, removal of timbers

Contract: OMNIA #2017001134                                                                                        Sub Total $85,241.50
                                                                                                                       Total $85,241.50

This quotation is subject to policies in the current GameTime Playground Catalog and the following terms and conditions. Our
quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price
adjustment. Purchases to be supported by your written purchase order made out to GAMETIME C/O SINCLAIR
RECREATION. A 2.5% PROCESSING FEE WILL BE ADDED TO ALL ORDERS PAID VIA CREDIT CARD.

Pricing: f.o.b. factory, firm for 30 days from date of quotation unless otherwise noted on quotation. Sales tax will be added at
time of invoicing unless a tax exemption certificate is provided at time of order entry.

Installation: Shall be by a Certified GameTime Installer. Customer shall be responsible for scheduling coordination and site
preparation. Site should be level and permit installation equipment access. Purchaser shall be responsible for unknown
conditions such as buried utilities, tree stumps, bedrock or any concealed materials or conditions that may result in additional
labor or material costs. Payment terms for installation is Net 10 Days.

NOTE: PRICING DOES NOT INCLUDE ANY DAVIS BACON OR PREVAILING WAGE RATES UNLESS SPECIFICALLY
IDENTIFIED ABOVE IN QUOTE. THERE WILL BE A BACKCHARGE FOR THE INSTALLATION TO BE DONE THROUGH
FELT, PEASTONE, SURFACING, OR WOODCHIPS, UNLESS SPECIFICALLY LISTED IN ABOVE QUOTE.

Submittals: Our design proposal reflects the spirit and intent of the project plans and specifications. While some variations may
exist between our quotation and the project design, the differences do not materially affect the intended use. GameTime
designs and specifications are unique and not intended to be identical in all respects to other manufacturers. We shall submit
for review and approval by the owner's representative detailed drawings depicting the equipment to be furnished accompanied
by specifications describing materials. Once approved, these drawings and specifications shall constitute the final documents
for the project and shall take precedence over all other requirements.

Exclusions: Unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment;
acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety
surfacing; borders, drainage provisions, or any local/municipal permits or paperwork that may be required.




                                                                 Page 1 of 2
                                                                                                                           Page 218 of 233
                                          GameTime c/o Sinclair Recreation                                                    02/08/2024
                                          176 E Lakewood Blvd                                                                    Quote #
                                          Holland, MI 49424                                                                 105189-06-01
                                          Ph: 800-444-4954
                                          Fax: 616-392-8634



                              Sheldon Park - Installation with EWF
Acceptance of quotation:

Accepted By (printed): ______________________________              P.O. No: ______________________________________
                                                                Please make P.O.s out to GameTime C/O Sinclair Recreation
Signature: ___________________________________________

Title: ________________________________________________              Date: ________________________________________

Facsimile: ____________________________________________             Phone: _______________________________________

Email: _______________________________________________              Purchase Amount: $85,241.50


REQUIRED ORDER INFORMATION:

Bill To: _______________________________________________             Ship To: ____________________________________

Contact: _____________________________________________              Contact: _____________________________________

Address: _____________________________________________              Address: _____________________________________

Address: _____________________________________________              Address: _____________________________________

City, State, Zip: _______________________________________       City, State, Zip: ___________________________________

Tel: ___________________________________________________              Tel: ________________________________________
    (For Accounts Payable)                                                     (To call before delivery)

Email: ________________________________________________             Email: _______________________________________


COLOR SELECTIONS: _______________________________________________________________________________________

SALES TAX EXEMPTION CERTIFICATE #: ____________________________________ (PLEASE PROVIDE A COPY OF CERTIFICATE)

NOTE: IF INSTALLATION IS BEING QUOTED, THERE WILL BE A BACKCHARGE FOR THE INSTALLATION TO BE DONE THROUGH FELT,
PEASTONE, SURFACING, OR WOODCHIPS. PRICING VALID FOR 30 DAYS FROM THE DATE OF QUOTATION UNLESS OTHERWISE
NOTED. ANY MODIFICATIONS TO AN ACCEPTED QUOTATION MUST BE DOCUMENTED IN WRITING OR WITH A NEW OR SEPARATE
QUOTE. VERBAL MODIFICATIONS TO PREVIOUSLY SIGNED QUOTES WILL NOT BE ACCEPTED.




                                                            Page 2 of 2
                                                                                                                            Page 219 of 233
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                                              GameTime c/o Sinclair Recreation                                                   02/08/2024
                                              176 E Lakewood Blvd                                                                   Quote #
                                              Holland, MI 49424                                                                105189-05-01
                                              Ph: 800-444-4954
                                              Fax: 616-392-8634



                                  McCrae Park - Installation with EWF
City of Muskegon                                                                                                      Ship to Zip 49442
Attn: Kyle Karczewski
PO BOX 536
MUSKEGON, MI 49443-0536
Kyle.karczewski@shorelinecity.com

Quantity Part #     Description                                                                                   Unit Price      Amount
1         INSTALL GT-Impax - Installation of previously purchased grant equipment at McCrea Park                  $40,985.00 $40,985.00

5550      EWF       GT-Impax - 12" Compacted depth engineered wood fiber surfacing, blown in                          $2.50 $13,875.00
5550      INSTALL GT-Impax - Excavation of proposed grassy area to a depth of 12" for new EWF surfacing               $2.80 $15,540.00

298       INSTALL GT-Impax - Supply and installation of wood timber edging to surround proposed playground area      $23.00      $6,854.00
1         INSTALL GT-Impax - Removal and disposal of exising playground structure-                                 $4,250.00     $4,250.00
                  Doesn't include excavation or removal of surfacing, restoration, seeding

Contract: OMNIA #2017001134                                                                                        Sub Total $81,504.00
                                                                                                                       Total $81,504.00

This quotation is subject to policies in the current GameTime Playground Catalog and the following terms and conditions. Our
quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price
adjustment. Purchases to be supported by your written purchase order made out to GAMETIME C/O SINCLAIR
RECREATION. A 2.5% PROCESSING FEE WILL BE ADDED TO ALL ORDERS PAID VIA CREDIT CARD.

Pricing: f.o.b. factory, firm for 30 days from date of quotation unless otherwise noted on quotation. Sales tax will be added at
time of invoicing unless a tax exemption certificate is provided at time of order entry.

Installation: Shall be by a Certified GameTime Installer. Customer shall be responsible for scheduling coordination and site
preparation. Site should be level and permit installation equipment access. Purchaser shall be responsible for unknown
conditions such as buried utilities, tree stumps, bedrock or any concealed materials or conditions that may result in additional
labor or material costs. Payment terms for installation is Net 10 Days.

NOTE: PRICING DOES NOT INCLUDE ANY DAVIS BACON OR PREVAILING WAGE RATES UNLESS SPECIFICALLY
IDENTIFIED ABOVE IN QUOTE. THERE WILL BE A BACKCHARGE FOR THE INSTALLATION TO BE DONE THROUGH
FELT, PEASTONE, SURFACING, OR WOODCHIPS, UNLESS SPECIFICALLY LISTED IN ABOVE QUOTE.

Submittals: Our design proposal reflects the spirit and intent of the project plans and specifications. While some variations may
exist between our quotation and the project design, the differences do not materially affect the intended use. GameTime
designs and specifications are unique and not intended to be identical in all respects to other manufacturers. We shall submit
for review and approval by the owner's representative detailed drawings depicting the equipment to be furnished accompanied
by specifications describing materials. Once approved, these drawings and specifications shall constitute the final documents
for the project and shall take precedence over all other requirements.

Exclusions: Unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment;
acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety
surfacing; borders, drainage provisions, or any local/municipal permits or paperwork that may be required.




                                                                Page 1 of 2
                                                                                                                           Page 225 of 233
                                          GameTime c/o Sinclair Recreation                                                    02/08/2024
                                          176 E Lakewood Blvd                                                                    Quote #
                                          Holland, MI 49424                                                                 105189-05-01
                                          Ph: 800-444-4954
                                          Fax: 616-392-8634



                               McCrae Park - Installation with EWF
Acceptance of quotation:

Accepted By (printed): ______________________________              P.O. No: ______________________________________
                                                                Please make P.O.s out to GameTime C/O Sinclair Recreation
Signature: ___________________________________________

Title: ________________________________________________              Date: ________________________________________

Facsimile: ____________________________________________             Phone: _______________________________________

Email: _______________________________________________              Purchase Amount: $81,504.00


REQUIRED ORDER INFORMATION:

Bill To: _______________________________________________             Ship To: ____________________________________

Contact: _____________________________________________              Contact: _____________________________________

Address: _____________________________________________              Address: _____________________________________

Address: _____________________________________________              Address: _____________________________________

City, State, Zip: _______________________________________       City, State, Zip: ___________________________________

Tel: ___________________________________________________              Tel: ________________________________________
    (For Accounts Payable)                                                     (To call before delivery)

Email: ________________________________________________             Email: _______________________________________


COLOR SELECTIONS: _______________________________________________________________________________________

SALES TAX EXEMPTION CERTIFICATE #: ____________________________________ (PLEASE PROVIDE A COPY OF CERTIFICATE)

NOTE: IF INSTALLATION IS BEING QUOTED, THERE WILL BE A BACKCHARGE FOR THE INSTALLATION TO BE DONE THROUGH FELT,
PEASTONE, SURFACING, OR WOODCHIPS. PRICING VALID FOR 30 DAYS FROM THE DATE OF QUOTATION UNLESS OTHERWISE
NOTED. ANY MODIFICATIONS TO AN ACCEPTED QUOTATION MUST BE DOCUMENTED IN WRITING OR WITH A NEW OR SEPARATE
QUOTE. VERBAL MODIFICATIONS TO PREVIOUSLY SIGNED QUOTES WILL NOT BE ACCEPTED.




                                                            Page 2 of 2
                                                                                                                            Page 226 of 233
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                                               GameTime c/o Sinclair Recreation                                                     02/08/2024
                                               176 E Lakewood Blvd                                                                     Quote #
                                               Holland, MI 49424                                                                  105189-04-01
                                               Ph: 800-444-4954
                                               Fax: 616-392-8634



                   Margaret Drake Elliot Park - Installation with EWF
City of Muskegon                                                                                                             Ship to Zip 49442
Attn: Kyle Karczewski
PO BOX 536
MUSKEGON, MI 49443-0536
Kyle.karczewski@shorelinecity.com

Quantity Part #     Description                                                                                          Unit Price    Amount
1         INSTALL GT-Impax - Installation of previously purchased grant equipment at Margaret Drake Elliot Park          $41,500.00 $41,500.00

4680      EWF       GT-Impax - 12" Compacted depth engineered wood fiber surfacing, blown in                                 $2.50 $11,700.00
5890      INSTALL GT-Impax - Excavation of existing play area and squared edges of proposed area to a depth of               $3.25 $19,142.50
                  12" for new EWF surfacing-
                  Includes removal and disposal of existing timber edges

                    Does not include restoration or backfilling of existing play area that is not part of new proposed
                    playground area.
290       INSTALL GT-Impax - Supply and installation of wood timber edging to surround proposed playground area             $23.00    $6,670.00

Contract: OMNIA #2017001134                                                                                               Sub Total $79,012.50
                                                                                                                              Total $79,012.50


Comments
SUPPLY ONLY



Matching Grant Funds are available until October 27th, 2023 at 12PM EST or until Grant funds
are no longer available. Approved grant application is required. In order to receive full grant
funding, a check of $83,168.39 must be received at the time of order.
This quotation is subject to policies in the current GameTime Playground Catalog and the following terms and conditions. Our
quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price
adjustment. Purchases to be supported by your written purchase order made out to GAMETIME C/O SINCLAIR
RECREATION. A 2.5% PROCESSING FEE WILL BE ADDED TO ALL ORDERS PAID VIA CREDIT CARD.

Pricing: f.o.b. factory, firm for 30 days from date of quotation unless otherwise noted on quotation. Sales tax will be added at
time of invoicing unless a tax exemption certificate is provided at time of order entry.

Installation: Shall be by a Certified GameTime Installer. Customer shall be responsible for scheduling coordination and site
preparation. Site should be level and permit installation equipment access. Purchaser shall be responsible for unknown
conditions such as buried utilities, tree stumps, bedrock or any concealed materials or conditions that may result in additional
labor or material costs. Payment terms for installation is Net 10 Days.

NOTE: PRICING DOES NOT INCLUDE ANY DAVIS BACON OR PREVAILING WAGE RATES UNLESS SPECIFICALLY
IDENTIFIED ABOVE IN QUOTE. THERE WILL BE A BACKCHARGE FOR THE INSTALLATION TO BE DONE THROUGH
FELT, PEASTONE, SURFACING, OR WOODCHIPS, UNLESS SPECIFICALLY LISTED IN ABOVE QUOTE.




                                                                   Page 1 of 2
                                                                                                                                  Page 232 of 233
                                          GameTime c/o Sinclair Recreation                                                    02/08/2024
                                          176 E Lakewood Blvd                                                                    Quote #
                                          Holland, MI 49424                                                                 105189-04-01
                                          Ph: 800-444-4954
                                          Fax: 616-392-8634



                  Margaret Drake Elliot Park - Installation with EWF
Submittals: Our design proposal reflects the spirit and intent of the project plans and specifications. While some variations may
exist between our quotation and the project design, the differences do not materially affect the intended use. GameTime
designs and specifications are unique and not intended to be identical in all respects to other manufacturers. We shall submit
for review and approval by the owner's representative detailed drawings depicting the equipment to be furnished accompanied
by specifications describing materials. Once approved, these drawings and specifications shall constitute the final documents
for the project and shall take precedence over all other requirements.

Exclusions: Unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment;
acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety
surfacing; borders, drainage provisions, or any local/municipal permits or paperwork that may be required.


Acceptance of quotation:

Accepted By (printed): ______________________________              P.O. No: ______________________________________
                                                                Please make P.O.s out to GameTime C/O Sinclair Recreation
Signature: ___________________________________________

Title: ________________________________________________              Date: ________________________________________

Facsimile: ____________________________________________             Phone: _______________________________________

Email: _______________________________________________              Purchase Amount: $79,012.50


REQUIRED ORDER INFORMATION:

Bill To: _______________________________________________             Ship To: ____________________________________

Contact: _____________________________________________              Contact: _____________________________________

Address: _____________________________________________              Address: _____________________________________

Address: _____________________________________________              Address: _____________________________________

City, State, Zip: _______________________________________       City, State, Zip: ___________________________________

Tel: ___________________________________________________              Tel: ________________________________________
    (For Accounts Payable)                                                     (To call before delivery)

Email: ________________________________________________             Email: _______________________________________


COLOR SELECTIONS: _______________________________________________________________________________________

SALES TAX EXEMPTION CERTIFICATE #: ____________________________________ (PLEASE PROVIDE A COPY OF CERTIFICATE)

NOTE: IF INSTALLATION IS BEING QUOTED, THERE WILL BE A BACKCHARGE FOR THE INSTALLATION TO BE DONE THROUGH FELT,
PEASTONE, SURFACING, OR WOODCHIPS. PRICING VALID FOR 30 DAYS FROM THE DATE OF QUOTATION UNLESS OTHERWISE
NOTED. ANY MODIFICATIONS TO AN ACCEPTED QUOTATION MUST BE DOCUMENTED IN WRITING OR WITH A NEW OR SEPARATE
QUOTE. VERBAL MODIFICATIONS TO PREVIOUSLY SIGNED QUOTES WILL NOT BE ACCEPTED.




                                                            Page 2 of 2
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