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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) Page 1 of 3 Page 1 of 233 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 Page 2 of 3 Page 2 of 233 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 Page 3 of 3 Page 3 of 233 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 Page 4 of 233 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. Page 1 of 6 Page 5 of 233 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, Page 2 of 6 Page 6 of 233 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 Page 3 of 6 Page 7 of 233 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 Page 4 of 6 Page 8 of 233 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 Page 5 of 6 Page 9 of 233 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 Page 6 of 6 Page 10 of 233 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 Page 11 of 233 Other Division Heads x Communication Legal Review x Page 12 of 233 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 Page 13 of 233 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 Page 15 of 233 Communication Legal Review x Page 16 of 233 Page 17 of 233 Page 18 of 233 Page 19 of 233 Page 20 of 233 Page 21 of 233 Page 22 of 233 Page 23 of 233 Page 24 of 233 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 Page 25 of 233 Communication Legal Review Page 26 of 233 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. Page 36 of 233 Page 37 of 233 Page 38 of 233 Page 39 of 233 Page 40 of 233 Page 41 of 233 Page 42 of 233 Page 43 of 233 Page 44 of 233 Page 45 of 233 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 Page 49 of 233 Page 50 of 233 • 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- Page 56 of 233 Page 57 of 233 Page 58 of 233 Page 59 of 233 Page 60 of 233 Page 61 of 233 Page 62 of 233 Page 63 of 233 Page 64 of 233 Page 65 of 233 Page 66 of 233 Page 67 of 233 Page 68 of 233 Page 69 of 233 Page 70 of 233 Page 71 of 233 Page 72 of 233 Page 73 of 233 Page 74 of 233 Page 75 of 233 Page 76 of 233 Page 77 of 233 Page 78 of 233 Page 79 of 233 Page 80 of 233 Page 81 of 233 Page 82 of 233 Page 83 of 233 Page 84 of 233 Page 85 of 233 Page 86 of 233 Page 87 of 233 Page 88 of 233 Page 89 of 233 Page 90 of 233 Page 91 of 233 Page 92 of 233 Page 93 of 233 Page 94 of 233 Page 95 of 233 Page 96 of 233 Page 97 of 233 Page 98 of 233 Page 99 of 233 Page 100 of 233 Page 101 of 233 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 dotloop signature verification: dtlp.us/oGL9-6XeS-g2q9 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 dotloop signature verification: dtlp.us/sKqX-2lUn-v3yn 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 Page 105 of 233 dotloop verified dotloop verified dotloop signature verification: dtlp.us/sKqX-2lUn-v3yn 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 dotloop verified dotloop verified Page 106 of 233 dotloop signature verification: dtlp.us/sKqX-2lUn-v3yn 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 4:13 PM EDT 12:29 PM EDT dotloop verified dotloop verified dotloop signature verification: dtlp.us/sKqX-2lUn-v3yn 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 4:13 PM EDT 12:29 PM EDT dotloop verified dotloop verified dotloop signature verification: dtlp.us/sKqX-2lUn-v3yn 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. Created with Zencity data and analysis 1 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 Created with Zencity data and analysis 2 Page 132 of 233 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 Created with Zencity data and analysis 3 Page 133 of 233 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 Created with Zencity data and analysis 4 Page 134 of 233 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 Created with Zencity data and analysis 5 Page 135 of 233 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. Created with Zencity data and analysis 6 Page 136 of 233 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. Created with Zencity data and analysis 7 Page 137 of 233 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. Created with Zencity data and analysis 8 Page 138 of 233 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. Created with Zencity data and analysis 9 Page 139 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. Created with Zencity data and analysis 10 Page 140 of 233 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. Created with Zencity data and analysis 11 Page 141 of 233 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. Created with Zencity data and analysis 12 Page 142 of 233 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. Created with Zencity data and analysis 13 Page 143 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. Created with Zencity data and analysis 14 Page 144 of 233 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. Created with Zencity data and analysis 15 Page 145 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. Created with Zencity data and analysis 16 Page 146 of 233 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. Created with Zencity data and analysis 17 Page 147 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. Created with Zencity data and analysis 18 Page 148 of 233 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. Created with Zencity data and analysis 19 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. Created with Zencity data and analysis 20 Page 150 of 233 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. Created with Zencity data and analysis 21 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. Created with Zencity data and analysis 22 Page 152 of 233 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. Created with Zencity data and analysis 23 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. Created with Zencity data and analysis 24 Page 154 of 233 End of Section 2 | Community Parks Created with Zencity data and analysis 25 Page 155 of 233 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. Created with Zencity data and analysis 26 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 Created with Zencity data and analysis 27 Page 157 of 233 Question 4 | Select your top three recreation opportunities you like to see at this park. Created with Zencity data and analysis 28 Page 158 of 233 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. Created with Zencity data and analysis 29 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. Created with Zencity data and analysis 30 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. Created with Zencity data and analysis 31 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. Created with Zencity data and analysis 32 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. Created with Zencity data and analysis 33 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. Created with Zencity data and analysis 34 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. Created with Zencity data and analysis 35 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. Created with Zencity data and analysis 36 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. Created with Zencity data and analysis 37 Page 167 of 233 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. Created with Zencity data and analysis 38 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. Created with Zencity data and analysis 39 Page 169 of 233 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. Created with Zencity data and analysis 40 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. Created with Zencity data and analysis 41 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. Created with Zencity data and analysis 42 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 Created with Zencity data and analysis 43 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 Created with Zencity data and analysis 44 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 Created with Zencity data and analysis 45 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 Created with Zencity data and analysis 46 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 Created with Zencity data and analysis 47 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 Created with Zencity data and analysis 48 Page 178 of 233 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 Created with Zencity data and analysis 49 Page 179 of 233 Created with Zencity data and analysis 50 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 Page 213 of 233 Page 214 of 233 Page 215 of 233 Page 216 of 233 Page 217 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 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 Page 220 of 233 Page 221 of 233 Page 222 of 233 Page 223 of 233 Page 224 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 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 Page 227 of 233 Page 228 of 233 Page 229 of 233 Page 230 of 233 Page 231 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 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 Page 233 of 233
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