City Commission Packet 10-22-2024

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      CITY OF MUSKEGON
       CITY COMMISSION MEETING
           October 22, 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-
       Lakshmee Persaud Community & Neighborhood Services
☐   PUBLIC COMMENT ON AGENDA ITEMS:

☐   CONSENT AGENDA:
    A. Approval of Minutes City Clerk
    B. Land Bank - Trade Parcels Planning
    C. General Fund Transfers for FY 2023-24 Finance
    D. GameTime Playground Grant - Smith-Ryerson Park DPW- Parks
    E. Parks Restroom Improvements DPW- Parks
    F. Reese Pavilion Construction DPW- Parks
    G. Resolution to urge the United States Department of the Interior to approve
       the petition of the Grand River Bands of Ottawa Indians for Federal
       Acknowledgment. Manager's Office
    H. Vacation of the remaining portion of the alley between 2nd St and 3rd St,
       south of Webster Ave and north of Muskegon Ave. Planning
    I. Equipment Replacement - Plow Trucks Public Works



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    J. Creation of a short-term rental ordinance SECOND READING Planning
    K. Amendment to the zoning ordinance - definition of short-term
       rental SECOND READING Planning
    L. Additional construction engineering services for Adelaide Pointe Public
       Works
    M. Climate Action Plan contract Manager's Office
    N. Request to amend the planned unit development (PUD) at Harbour
       Towne to allow for the construction of 28 new condo units. Planning
    O. Amendment to the Real Estate Purchase and Sale Agreement for 2675
       Olthoff Drive Economic Development
    P. Second Amendment to Employment Agreement Manager's Office
☐   PUBLIC HEARINGS:
    A. Expansion and Removal of Neighborhood Enterprise Zone Districts
       Economic Development
    B. Public Hearing, Brownfield Plan Amendment- Muskegon Midtown Center
       LLC, 1095 3rd St. Economic Development
    C. Public Hearing, Brownfield Plan Amendment- 349 West Webster, LLC, 349
       W. Webster Economic Development
☐   UNFINISHED BUSINESS:

☐   NEW BUSINESS:
    A. Conflict of Interest Disclosure Community & Neighborhood Services
☐   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



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To give comment on a live-streamed meeting the city will provide a call-in telephone
number to the public to be able to call and give comment. For a public meeting that is
not live-streamed, and which a citizen would like to watch and give comment, they
must contact the City Clerk’s Office with at least a two-business day notice. The
participant will then receive a zoom link which will allow them to watch live and give
comment. Contact information is below. For more details, please visit:
www.shorelinecity.com
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such
as signers for the hearing impaired and audio tapes of printed materials being
considered at the meeting, to individuals with disabilities who want to attend the
meeting with twenty-four (24) hours’ notice to the City of Muskegon. Individuals with
disabilities requiring auxiliary aids or services should contact the City of Muskegon by
writing or by calling the following:

Ann Marie Meisch, MMC. City Clerk. 933 Terrace St. Muskegon, MI 49440. (231)724-6705.
clerk@shorelinecity.com




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                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: October 22, 2024     Title: Introduction of New Staff to Community and
                                              Neighborhood Services- Lakshmee Persaud

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

Brief Summary:
Welcoming Lakshmee Persaud to the City of Muskegon as our New Community Development
Specialist for the Community and Neighborhood Services Department.

Detailed Summary & Background:

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:


Goal/Action Item:

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

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

Recommended Motion:

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

Information
Technology
Other Division Heads
Communication
Legal Review




                                                                                     Page 4 of 262
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: October 22, 2024        Title: Approval of Minutes

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

Brief Summary:
To approve minutes of the October 7, 2024, Commission Worksession Meeting and the October 8,
2024, City 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   X

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

Recommended Motion:
Approval of the minutes.

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

Information
Technology
Other Division Heads
Communication
Legal Review




                                                                                        Page 5 of 262
      CITY OF MUSKEGON
 CITY COMMISSION WORKSESSION
            October 7, 2024 @ 5:30 PM
    MUSKEGON CITY COMMISSION CHAMBERS
   933 TERRACE STREET, MUSKEGON, MI 49440
                                 MINUTES

CALL TO ORDER
Present: Mayor Ken Johnson ,Vice Mayor Rebecca St.Clair (arrived at 5:37
p.m.), Commissioners Katrina Kochin, Willie German, Jr., Jay Kilgo, and Rachel
Gorman, City Manager Jonathan Seyferth, and City Clerk Ann Marie Meisch
Absent: Commissioner Destinee Keener

2024-82 NEW BUSINESS

    A. Apple Avenue Design Update Public Works
Dan VanderHeide, DPW Director, and Mark Frederickson, with MDOT, presented
an update on the Apple Avenue design, including potential lane reductions
and non-motorized facilities.

    B. FY 2023 CAPER Community & Neighborhood Services
Community and Neighborhood Services CAPER Presentation for FY 2023 was
given by Sharonda Carson, Community and Neighborhood Services Director.

    C. Opioid Settlement Funding & Management Agreement Manager's
       OfficeS
Pete Wills, Government Relations Director and Strategic Operations Director,
and Candy Gibson, with Freshcoast Alliance, explained the request to enter into
a Funding and Management Agreement with the County of Muskegon to
allocate the City’s Opioid Settlement Funds to help fund the County’s existing
opioid grant program.

PUBLIC COMMENT
Public comments received.



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ADJOURNMENT
The Commission Worksession meeting adjourned at 7:40 p.m.



                                    Respectfully Submitted,



                                    Ann Marie Meisch, MMC City Clerk




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      CITY OF MUSKEGON
       CITY COMMISSION MEETING
             October 8, 2024 @ 5:30 PM
    MUSKEGON CITY COMMISSION CHAMBERS
   933 TERRACE STREET, MUSKEGON, MI 49440
                                   MINUTES

The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, October 8, 2024.
Pastor Jeremy Lenertz, from First 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 Jay
Kilgo, Destinee Keener, Willie German, Jr., Rachel Gorman, and Katrina Kochin,
City Manager Jonathan Seyferth, City Attorney John Schrier, and City Clerk Ann
Marie Meisch

PUBLIC COMMENT ON AGENDA ITEMS
Public comments received.

2024-83 CONSENT AGENDA

    A. Approval of Minutes City Clerk
To approve minutes of the September 24, 2024, City Commission Meeting.
STAFF RECOMMENDATION: Approval of the minutes.

    B. Regional Transit Authority Articles of Incorporation Manager's Office
Staff is seeking approval of the proposed Articles of Incorporation for the new
regional transit authority and appointment of the Deputy City Manager as the
City's representative Director on the authority board.
In November 2023, the City Commission approved a resolution of intent to join
other municipalities in forming a regional transit authority. The first formal step
for the group is to establish Articles of Incorporation. These articles outline the


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members, district served, purposes and power of the authority, details of the
Board of Directors, how the work will be funded, how future amendments are
made and approved, and methods for members to be released from the
authority. The legislative body of each member agency will need to approve
the articles for the authority to proceed forward with developing bylaws and
seeking alternate funding. Each legislative body will also need to appoint its
representative director, and alternate, to the authority board.
After discussion with the board of one of the member communities, some minor
changes were made to the Articles of Incorporation. In Article IV, Section 2,
additional options for appointment to the Board of Directors have been given
for both the Director and Alternate. The articles allow for a Council member of
the Member legislative body to be appointed to each position.
STAFF RECOMMENDATION: To approve the Articles of Incorporation for the
Muskegon Area Transit System, to appoint LeighAnn Mikesell, Deputy City
Manager, as the City's director to the authority's board, and to appoint
Jonathan Seyferth, City Manager, as the City's alternate director to the
authority's board.

    D. SURF Broadband METRO Act Permit Public Works
Staff requests approval of a permit from SURF Internet to access and use the
public right-of-way within portions of the City.
Staff requests approval of a permit from Surf Internet to access and use the
public right-of-way within portions of the City. The purpose of the access is to
construct a fiber optic network extension that will service certain properties in
the city. The expansion will affect the following city right-of-way areas in the
northeast portion of the City:

    • Quarterline Road, Wesley to Marquette
    • The Shady Lane subdivision (Roblane, Suelane, & Marlane Streets)

The application and maps are included in the packet. Staff recommends
approval of the permit. Surf Internet will return to the City Engineering Office for
individual permits at the time of construction, which will be approved at the
staff level.
STAFF RECOMMENDATION: Move to approve the permit from Surf Internet to
access and use the public right-of-way within portions of the City.

    F. Sale of 1435 Hoyt Planning
Staff is requesting approval of a purchase agreement for 1435 Hoyt for $136,354.
1435 Hoyt was constructed through the agreement with Dave Dusendang to
construct infill housing with ARPA funding. The offer is over the full listing price
($136,354) with the seller paying $6,000 in concessions.



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STAFF RECOMMENDATION: To approve the Purchase Agreement for 1435 Hoyt
for $136,354 and authorize the Code Coordinator, Samantha Pulos, to sign.

    H. Amendment to the Zoning Ordinance - Cat Cafe Definition SECOND
       READING Planning
To add a definition for cat cafés to Article II (Definitions) of the zoning
ordinance.
Definition - Cat café: a restaurant or café, which also houses adoptable or
therapeutic cats for clientele to interact with, and which may incorporate cat
adoption services in addition to the restaurant services. The Planning
Commission unanimously recommended approval of the ordinance
amendment at their September 12 meeting.
STAFF RECOMMENDATION: I move to approve the request to amend the zoning
ordinance to add a definition for cat cafés.

    J. Parks E/V Polaris Ranger Purchase - US DOE Rebate Voucher Program
       DPW- Parks
Staff requests authorization to accept the Energy Efficiency & Conservation
Block Grant award and purchase vehicles and equipment from Babbitt’s
Powersports in the amount of $106,500.
In 2023, the U.S. Department of Energy announced the City of Muskegon was
eligible to receive an Energy Efficiency and Conservation Block Grant (EECBG)
in the amount of $76,450. The grant program is a $550M grant program funded
through the Bipartisan Infrastructure Law. It is designed to assist states, local
governments, and Tribes in implementing strategies to reduce energy use, to
reduce fossil fuel emissions, and to improve energy efficiency.

Under this grant program, the City applied and received approval for an
Equipment Rebate voucher to use the funds towards the purchase of two
Polaris Ranger XP Kinetic EV side-by-side utility vehicles for use by the Parks
Department. These vehicles have a range of 80 miles and are fully electric
vehicles. The parks department plans to use them in a variety of ways to help us
become more efficient and sustainable as a department. These vehicles are
also very effective in the sand and will be used at our beaches during the
summer as part of the park ranger program.

The purchase will be made locally through Babbitt’s Powersports. The Parks
Capital improvement plan budgeted $30k for a park ranger utility vehicle which
is being supplanted by one of the EV Rangers, and the offsetting costs will allow
us to equip these vehicles with a full cab, plow, salt spreaders and several other
upgrades to help with maintenance around the City of Muskegon. The vehicles
will come with some equipment provided by Babbitt’s; staff is including $16,500


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in additional equipment costs to be obtained using standard purchasing
policies once the vehicles arrive and needs are determined (caution lights,
decals, additional attachments, etc.).

The expense is budget-neutral, however a budget amendment is necessary to
accept and spend the grant funds.
STAFF RECOMMENDATION: Authorize staff to accept the Energy Efficiency &
Conservation Block Grant award and purchase vehicles and equipment from
Babbitt’s Powersports in the amount of $106,500.

    K. Contract Award - First Street DPW- Engineering
Staff is requesting authorization to enter into a contact with McCormick Sand,
Inc, in the amount of $325,999.00 for the reconstruction of First Street from
Hamilton to Apple.
Bids were solicited for a construction project to reconstruct and install sanitary
sewer within First Street; from Hamilton to Apple. The project is necessary to
prepare for future sanitary sewer work within Apple, which will take place in
2026. McCormick Sand provided the low bid.
STAFF RECOMMENDATION: Move to authorize staff to enter into a contract with
McCormick Sand, Inc in the amount of $325,999.00 for the reconstruction of First
Street; Hamilton to Apple.

    M. Sale of 209 Merrill, 502 & 561 Mary, 845, 982, & 1003 Ducey, 1007 Albert,
       1542 Adams, 320 & 346 Wood, 425 Octavius, 436 Charles, 907 Orchard,
       and 877 Amity. Planning
Staff is seeking authorization to sell the City-owned vacant lots at 209 Merrill, 502
& 561 Mary, 845, 982, & 1003 Ducey, 1007 Albert, 1542 Adams, 320 & 346 Wood,
425 Octavius, 436 Charles, 907 Orchard, and 877 Amity to Stephen Benedict,
Stephens Home and Investments LLC, for the amount of $56,175.
Stephen Benedict would like to purchase the City-owned buildable lots at 209
Merrill, 502 & 561 Mary, 845, 982, & 1003 Ducey, 1007 Albert, 1542 Adams, 320 &
346 Wood, 425 Octavius, 436 Charles, 907 Orchard, and 877 Amity to build single
family homes. 209 Merrill, 502 Mary, 845, 982, & 1003 Ducey, and 1007 Albert will
be split into additional buildable lots. 346 Wood will have a new address on
Leonard.
STAFF RECOMMENDATION: To authorize the Code Coordinator to complete the
sale of 209 Merrill, 502 & 561 Mary, 845, 982, & 1003 Ducey, 1007 Albert, 1542
Adams, 320 & 346 Wood, 425 Octavius, 436 Charles, 907 Orchard, and 877
Amity, as described in the purchase agreement and to have the Mayor and
Clerk sign the purchase agreement.

    N. Brunswick Sewer Repair Public Works


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Staff is requesting authorization to accept the proposal from Terra Contractors
to repair the sewer lateral at Brunswick on Laketon Ave.
City staff were recently called to address a problem with the sewer service at
Brunswick on Laketon Ave. An investigation of the sewer lateral revealed a
blockage and indicated additional damage that would need to be repaired.
The repair would be complicated by the depth and location of the sewer main.
Since the sewer main was located underneath the middle of Laketon Avenue,
a complete closure of the roadway was required to safely excavate to the
main.

In order to minimize the time that Laketon Avenue was completely closed, and
to safely and efficiently excavate to the depths required for this project, staff
recommended bringing in a contractor to complete the repair.

Staff solicited bids from three contractors. Terra Contractors provided the lowest
bid and was selected to complete this repair. This work was authorized by the
City Manager on September 6, 2024 under the Emergency Procurement
provision of the Purchasing Policy. The Director of Public Works informed the City
Commission of this work at the September 10, 2024 meeting. This work has now
been completed and staff seeks retroactive approval.

Staff anticipates this cost will be borne by the owner of the Brunswick facility
based on their ownership of the lateral as detailed in the City ordinance.
STAFF RECOMMENDATION: I move to authorize staff to sign the proposal with
Terra Contractors to repair the Brunswick sewer lateral for $91,185.00.

    O. Concur with CRC Recommendations to Accept Resignations and Make
       Appointment City Clerk
To concur with the Community Relations Committee recommendation to
accept the resignation of Derek Edlund from the Lakeside Business
Improvement District and to accept the resignation of Jonathan Witmer from
the Zoning Board of Appeals and to appoint Jordan Hite as a resident.
STAFF RECOMMENDATION: To accept the resignation of Derek Edlund from the
Lakeside Business Improvement District and to accept the resignation of
Jonathan Witmer from the Zoning Board of Appeals and to appoint Jordan Hite
as a resident.

Motion by Commissioner German, second by Commissioner Kilgo, to adopt the
Consent Agenda as presented minus items C, E, G, I, and L.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, German, Gorman, and
           Kochin




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              Nays: None
MOTION PASSES

2024-84 ITEMS REMOVED FROM THE CONSENT AGENDA

    C. 880 First St. Demolition Bid Economic Development
Staff is requesting authorization to contract with Asbestos Abatement
Incorporated for the demolition of the structure at 880 First St.
The City of Muskegon solicited bids from qualified contractors for the demolition
of the building located at 880 First St., Muskegon, MI 49440. The scope of work
includes complete demolition and removal of the structure, including all
foundations and footings, backfilling the site, hydroseeding, and asbestos
abatement. The primary objective is to eliminate blight, improve the area's
aesthetic appeal, and encourage economic development by preparing the
site for future opportunities.
The request for bids was posted on July 29, 2024, with a submission deadline of
Tuesday, September 3rd at 2:00 PM. A request to adjust bids in order to reflect
prevailing wages was made. The City Clerk received six bids from the following
companies:

    •   Asbestos Abatement Incorporated
    •   Dore & Associates, Inc.
    •   Melching Inc.
    •   Pro-Tech Environmental Inc.
    •   Pitsch Companies
    •   Bolle Contracting

Based on qualifications staff recommends awarding the contract to Asbestos
Abatement Incorporated.
STAFF RECOMMENDATION: Authorize staff to contract with Asbestos Abatement
Incorporated in the amount of $211,200 for the 880 First St Demolition Project.

Motion by Commissioner Keener, second by Commissioner Gorman, to
authorize staff to contract with Asbestos Abatement Incorporated in the amount
of $211,200 for the 880 First St Demolition Project.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener, German, and
           Gorman
           Nays: None
MOTION PASSES




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    E. Opioid Settlement Funding & Management Agreement Manager's
       Office
Staff requests approval to enter into a Funding and Management Agreement
with the County of Muskegon to allocate the City’s Opioid Settlement Funds to
help fund the county’s existing opioid grant program.
In 2021, a $26 billion nationwide settlement was reached to resolve all opioid
litigation brought by states and local units of governments against various
pharmaceutical distributors. The State of Michigan is estimated to receive
approximately $1.6 billion, by 2040.

Settlement funds are distributed to state and local governments (county, city,
townships). A state-subdivision agreement between the State of Michigan and
local government directs how opioid settlement funds are distributed. Payments
are based on a national allocation formula which considers opioid overdose
fatalities, prevalence of opioid use disorder and distribution of opioids. Fifty
percent of funds go to county, city, and township governments. The estimated
local government share is $725 million. Fifty percent of funds go to the state’s
designated fund, The Michigan Opioid Healing and Recovery Fund. The
estimated state share is $887 million.

Local governments can combine funds with counties, cities, townships and
municipalities. Payment amounts will differ among the various settlements and
may not be received annually. The City expects to receive approximately
$605,256.92 through 2040. Since February 2023, the City has
received $171,244.19.

Settlement funds are intended to serve those most profoundly impacted by the
drug overdose crisis, with allowable uses focusing on prevention, harm
reduction, treatment and recovery.

The City's Settlement Funds would help fund the County's Opioid Settlement
Fund grant program, established in 2023. An Opioid Settlement Funding and
Management Agreement would exist between the City and County. Terms of
the Agreement would stipulate that -
- City-contributed funds would be for the benefit of city residents, only;
- The City participates in the review and approval of applicants providing
services to City residents;
- The City annually reviews, with the County, the Agreement as well as the Grant
Program;
- Funds would be used for activities that meet the definition of opioid
remediation, be evidence-based strategies or promising practices and align
with approved uses;
- 5% of funds to be used for administrative expenses, including any reporting


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requirements.
- The City would receive an annual accounting report of the grant program,
including total funds awarded, name of the grantee, category of assistance,
target audience, project summary and amounts approved.,
STAFF RECOMMENDATION: To approve the Opioid Settlement Funding and
Management Agreement between the City of Muskegon and County of
Muskegon, and authorize the Mayor and Clerk to sign.

Motion by Commissioner German, second by Vice Mayor St.Clair, to approve
the Opioid Settlement Funding and Management Agreement between the City
of Muskegon and County of Muskegon, and authorize the Mayor and Clerk to
sign.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, Kilgo, and
           Keener
           Nays: None
MOTION PASSES

    G. Amendment to the Zoning Ordinance - Cat Cafés in Commercial Zones
       SECOND READING Planning
Staff-initiated request to amend the zoning ordinance to allow cat cafés as a
special use permitted in all commercial districts excluding B-1. This would
include the following zoning districts: B-2; B-4; FBC, DT; FBC, MS; FBC, NC; LFBC,
LC; and LFBC, MR.
Staff has been receiving many calls regarding the desire to open a cat café in
Muskegon. These types of businesses are becoming more popular throughout
the state. A specific ordinance allowing these uses is necessary because any
property housing more than four cats is considered a commercial kennel.
The Planning Commission unanimously recommended approval of the
ordinance amendment.
STAFF RECOMMENDATION: I move to amend the zoning ordinance to allow cat
cafés as a special use permitted in the following zoning districts: B-2; B-4; FBC,
DT; FBC, MS; FBC, NC; LFBC, LC; and LFBC, MR.

Motion by Commissioner Gorman, second by Vice Mayor St.Clair, to amend the
zoning ordinance to allow cat cafés as a special use permitted in the zones as
presented.
ROLL VOTE: Ayes: Keener, German, Gorman, Kochin, St.Clair, Johnson, and
           Kilgo
           Nays: None
MOTION PASSES


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    I. Apple Avenue Resolution Public Works
Staff requests adoption of a resolution supporting MDOT's preliminary designs for
Apple Avenue, including lane reductions and non-motorized facilities.
As presented and discussed October 7th, MDOT is progressing with the design of
Apple Avenue. In accordance with public input that supports slower speeds,
improved safety and upgraded facilities for pedestrians and bicyclists, MDOT is
investigating reducing the number of lanes. In particular, as Apple Avenue
approaches the downtown area, the street may be overbuilt for the amount of
traffic. Reducing the number of lanes provide the opportunity to increase
green space and potentially provide parking areas, again both thing supported
by public feedback and focus groups.

In order to proceed with the studies necessary to support the lane reduction,
MDOT needs a formal resolution from the City Commission. The resolution
provides that and expresses the City's support for the project. Additional
agreements, including a potential turnback agreement as discussed last night,
will be presented as MDOT moves through the design process.
STAFF RECOMMENDATION: Adopt the resolution supporting MDOT's preliminary
designs for Apple Avenue including lane reductions and non-motorized
facilities.

Motion by Commissioner Kilgo, second by Commissioner German, to adopt the
resolution supporting MDOT's preliminary designs for Apple Avenue including
lane reductions and non-motorized facilities.
ROLL VOTE: Ayes: Keener, German, Gorman, Kochin, St.Clair, and Johnson
           Nays: Kilgo
MOTION PASSES

    L. Resolution Honoring NAACP Muskegon Branch 3147-B for 105 Years of
       Service Manager's Office
A resolution honoring the NAACP Muskegon Branch 3147-B for 105 years of
service.
STAFF RECOMMENDATION: To adopt the resolution honoring the NAACP
Muskegon Branch 3147-B for 105 Years of Service.

Motion by Commissioner German, second by Commissioner Keener, to adopt
the resolution honoring the NAACP Muskegon Branch 3147-B for 105 Years of
Service.
ROLL VOTE: Ayes: Johnson, Kilgo, Keener, German, Gorman, Kochin, and


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             St.Clair
             Nays: None
MOTION PASSES

2024-85 NEW BUSINESS

    B. Creation of a short-term rental ordinance Planning
Staff-initiated request to amend Section 2314 of the zoning ordinance to create
a short-term rental ordinance. The ordinance uses an overlay district approach,
splitting the City up into 11 different zones. These zones match the City of
Muskegon census tracts. Census tract information was used to determine the
number of housing units in each zone. Each zone would be allowed up to 4% of
the housing units as short-term rentals. Areas within the Downtown Development
Authority and Lakeside Business Improvement District/Corridor Improvement
Authority boundaries would be exempt from the cap on the number of units.
There would be no limit to the amount of short-term rentals in these areas.

Please see the Short-Term Renal Chart that depicts the number of units and
short-term rentals in each zone. At 4% of the units, Zone 1 would be over the limit
by 39 short-term rentals. No new short-term rentals would be allowed in Zone 1
until the number of short-term rentals dropped below 34.

The Planning Commission held a public hearing on this request at a special
meeting on Thursday, September 26. The Planning Commission unanimously (5-
0, with 4 members absent) voted to recommend approval of the short-term
rental ordinance, with the following conditions:

1. Amend Section 1(c) - exemptions - to also include the Lakeside Corridor
Improvement Authority along with the Lakeside Business Improvement District.

2. Remove Section 4 that would allow the transferring of licenses.

These conditions have been reflected in the ordinance. The redline version
depicts the changes that the Planning Commission have requested.
STAFF RECOMMENDATION: I move to approve the request to amend Section
2314 of the zoning ordinance to create a short-term rental ordinance as
presented.

Motion by Commissioner Keener, second by Commissioner German, to
approve the request to amend Section 2314 of the zoning ordinance to create a
short-term rental ordinance as presented.



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Motion amended by Commissioner Keener, second by Commissioner Kochin to
add Section 4, Transferring of Licenses.
ROLL VOTE ON FIRST AMENDMENT:
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener
           Nays: German, Gorman
MOTION PASSES

Motion amended by Vice Mayor St.Clair, second by Commissioner Kilgo, to
add Section 5, Expiration of Exemption Granted During Moratorium.
ROLL VOTE ON SECOND AMENDMENT:
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, Keener, and
           German
           Nays: None
MOTION PASSES

ROLL VOTE ON ORIGINAL MOTION:
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, and Kochin
           Nays: Gorman and German
MOTION PASSES (REQUIRES SECOND READING)

    C. Amendment to the zoning ordinance - definition of short-term rental
       Planning
A definition for short-term rental in the zoning ordinance is necessary for the
creation of a short-term rental ordinance.
Proposed definition:
Short-Term Rental - A property in which a tenant is allowed to lease the dwelling
unit, without a host, for periods of less than 28 days but more than 24 hours in
return for remuneration. A rental in which the host resides on premises shall not
be considered a short-term rental, but shall still register with the City.

The Planning Commission unanimously (5-0, with 4 members absent) voted to
recommend approval of the definition of short-term rental.
STAFF RECOMMENDATION: I move to approve the request to amend Article II of
the zoning ordinance to create a definition for short term rental as proposed.

Motion by Vice Mayor St.Clair, second by Commissioner Keener to approve the
request to amend Article II of the zoning ordinance to create a definition for
short term rental as proposed.



                                 Page 11 of 14

                                                                              Page 18 of 262
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and Keener
           Nays: German
MOTION PASSES (REQUIRES SECOND READING)

    A. FY25 Drinking Water State Revolving Fund (DWSRF) Engineering Services
       Public Works
Staff requests authorization to enter into two contracts with Prein & Newhof in
the total amount of $1,113,600 for design and construction engineering services
related to the FY25 Drinking Water State Revolving Fund (DWSRF) program,
associated projects and service line replacements.
The City is again fortunate to have been offered loans, grants and principal
forgiveness through the FY25 Drinking Water Revolving Fund (DWRF) program
through the State of Michigan Department of Environment, Great Lakes &
Energy (EGLE). Specifically, the City has been offered a combination of grants
and principal forgiveness totaling 20% funding, with the remaining 80% eligible
for a 20- or 30-year loan at a 2% interest rate which is well below market.

Due to scoring requirements, several projects were included in the City's
application and must be completed under the program in order to take
advantage of the principle forgiveness (which is specifically associated with the
lead service line replacement work). The overall budget for the projects is
$15,591,000. $13,985,000 is for water mains, lead service lines and other work
eligible for and included in the DWSRF program (the remainder will be paid from
sewer and road funds on hand). Specifically, the program includes:

    • $10,000,000 for lead service line replacements, including $2,797,000 in
      principle forgiveness
    • $392,000 for looping projects at Yuba and Wood and at Wildwood Lane
      and Dowd
    • $488,000 for recoating the interior of the Marshall Street Elevated Storage
      Tank (water tower)
    • $3,105,000 for the replacement of water main and lead service lines in
      Catherine Avenue from Irwin to Wood
    • $1,606,000 of ineligible costs for the Catherine Avenue project to be paid
      for with local street and sewer funds on hand


Depending on bid prices, it is anticipated the FY25 program will replace up to
1,400 lead service lines. The debt service fee the DWSRF-eligible portion of the
program is expected to add to the water bill is estimated at $3.45 per month for
a residential account, and would begin impacting customer's bills in FY27 or
FY28. Portions of the engineering work required for these projects are included in



                                 Page 12 of 14

                                                                               Page 19 of 262
the 24/25 budget and should they move forward, the projects will continue to
have allocations included in the 25/26 and 26/27 fiscal year budgets. The
engineering costs are eligible for the principle forgiveness and bond at the
same cost split as the construction work.

A qualifications-based process was used in 2019 that shortlisted Prein & Newhof
along with two other firms to provide engineering services for these projects.
 Staff solicited proposals from Prein & Newhof which totaled $1,113,600, split into
one contract for the lead service line replacements and a second contract for
the remainder of the projects. The staff has reviewed the proposals and feels
Prein & Newhof are best suited to handle these projects based on their
experience and their intimate familiarity with our water system, the DWSRF
program, and their history of exemplary performance on similar projects over
the past several years.
STAFF RECOMMENDATION: Authorize staff to enter into two contracts with Prein
& Newhof in the total amount of $1,113,600 for design and construction
engineering services related to the FY25 Drinking Water State Revolving Fund
(DWSRF) program, associated projects and service line replacements.

Motion by Commissioner Kochin, second by Vice Mayor St.Clair, to authorize
staff to enter into two contracts with Prein & Newhof in the total amount of
$1,113,600 for design and construction engineering services related to the FY25
Drinking Water State Revolving Fund (DWSRF) program, associated projects and
service line replacements.
ROLL VOTE: Ayes: Keener, German, Gorman, Kochin, St.Clair, Johnson, and
           Kilgo
           Nays: None
MOTION PASSES

2024-86 ANY OTHER BUSINESS
Motion by Commissioner Keener, second by Vice Mayor St.Clair, to extend the
short term rental moratorium until the ordinance is in effect.
ROLL VOTE: Ayes: Keener, Kochin, St.Clair, and Johnson
           Nays: Kilgo, German, and Gorman
MOTION PASSES

PUBLIC COMMENT ON NON-AGENDA ITEMS
Public comments received.
ADJOURNMENT



                                  Page 13 of 14

                                                                                Page 20 of 262
The City Commission Meeting adjourned at 9:07 p.m.



                                    Respectfully Submitted,



                                    Ann Marie Meisch, MMC City Clerk




                               Page 14 of 14

                                                                       Page 21 of 262
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: October 22, 2024            Title: Land Bank - Trade Parcels

Submitted by: Samantha Pulos, Code                   Department: Planning
Coordinator

Brief Summary:
The Muskegon County Land Bank sold 1694 Pine to the City in error. They would like to trade that
property for 1221 Sanford.

Detailed Summary & Background:
1694 Pine was purchased by Development Services from the Muskegon County Land Bank for $3,500.
We were then notified that this address was already pledged in a Purchase Agreement to Allen
Edwin in their workforce rental program. The Land Bank proposed a trade for 1221 Sanford.
Development Services is agreeable to that trade. 1221 Sanford is of similar size and condition. The
Land Bank will cover any costs associated with the transaction.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Infill housing opportunity. 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:
Public Improvement Fund.                             Yes            No           N/A    x

Recommended Motion:
To authorize the Code Coordinator, Samantha Pulos, to fascilitate the trade of 1694 Pine and 1221
Sanford, with the Muskegon County Land Bank.

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

Information
Technology
Other Division Heads        x
Communication


                                                                                            Page 22 of 262
Legal Review   x




                   Page 23 of 262
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                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: October 22, 2024            Title: General Fund Transfers for FY 2023-24

Submitted by: Kenneth Grant, Finance Director        Department: Finance

Brief Summary:
During the close out of fiscal year 2023-24 and based on the financial results for the fiscal year ended
June 30, 2024, we want to transfer $50,000 from the General Fund to the Public Services Fund to
prevent a negative unrestricted balance. A negative unrestricted balance will require a deficit
elimination plan with the State of Michigan.

Detailed Summary & Background:
During the close out of fiscal year 2023-24 and based on the financial results for the fiscal year ended
June 30, 2024, we want to transfer $50,000 from the General Fund to the Public Services Fund to
prevent a negative unrestricted balance. A negative unrestricted balance will require a deficit
elimination plan with the State of Michigan. At the end of the 2023-24 fiscal year, the audit shows
that unrestricted position is negative. By transferring funds from the General Fund this issue will be
resolved.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:


Goal/Action Item:

Amount Requested:                                    Budgeted Item:
$50,000                                               Yes           No            N/A

Fund(s) or Account(s):                               Budget Amendment Needed:
General Fund (101) to Public Services Building        Yes           No            N/A
Fund (642)

Recommended Motion:
To approve the General Fund transfer of $50,000 to the Public Services Fund in order to avoid filing a
deficit elimation plan with the State of Michigan.

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

Information
Technology
Other Division Heads


                                                                                             Page 25 of 262
Communication
Legal Review




                Page 26 of 262
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: October 22, 2024            Title: GameTime Playground Grant - Smith-
                                                     Ryerson Park

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

Brief Summary:
Staff requests authorization to enter into a contract with Sinclair Recreation in the amount of $178,000
for the purchase and installation of a new playground at Smith-Ryerson park.

Detailed Summary & Background:
Staff applied and was selected for a GameTme matching funds playground grant. The grant
provides 100% matching funds for equipment purchases (essentially 50% off). The park being
proposed for this grant is Smith-Ryerson park. The playground is beyond the recommended lifespan
and a new playground was budgeted through the commission approved capital improvement plan.
 The feedback from the parks master plan survey supports this investment at Smith-Ryerson park as
this is our largest park on the east side of town.

We developed this structure through feedback from the survey and engagement from staff at the
playground throughout the summer. The total cost for the playground and installation is $178,000
which fits into the overall budget for improvements at Smith-Ryerson park.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Enhanced Parks and Recreation Department and Services


Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life

Amount Requested:                                    Budgeted Item:
$178,000                                               Yes      x    No           N/A

Fund(s) or Account(s):                               Budget Amendment Needed:
101-901-801-092418                                     Yes           No       x   N/A

Recommended Motion:
Authorize staff to enter into a contract with Sinclair Recreation in the amount of $178,000 for the
purchase and installation of a new playground at Smith-Ryerson park.

Approvals:                                           Guest(s) Invited / Presenting:
Immediate Division         x


                                                                                             Page 27 of 262
Head                   No

Information
Technology
Other Division Heads
Communication
Legal Review




                            Page 28 of 262
‭Smith-Ryerson Park Results‬

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




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

                                                   ‭ 7.97%‬
                                                   3             ‭ 8.1%‬
                                                                 4            ‭ 0.13%‬
                                                                              1            ‭ .8%‬
                                                                                           3
     ‭Improve creek access and natural habitat‬                                                         ‭79‬      ‭1.80‬
                                                   ‭30‬          ‭38‬         ‭8‬          ‭3‬

                                                   ‭ 3.04%‬
                                                   4             ‭ 5.32%‬
                                                                 2            ‭ 5.32%‬
                                                                              2            ‭ .33%‬
                                                                                           6
     ‭Interior Improvements in Community Center‬                                                        ‭79‬      ‭1.95‬
                                                   ‭34‬          ‭20‬         ‭20‬         ‭5‬

                                                   ‭ 6.46%‬
                                                   1             ‭ 2.78%‬
                                                                 2            ‭ 0.25%‬
                                                                              2            ‭ 0.51%‬
                                                                                           4
     ‭Improved Park Security‬                                                                           ‭79‬      ‭2.85‬
                                                   ‭13‬          ‭18‬         ‭16‬         ‭32‬

                                                   ‭ .53%‬
                                                   2             ‭ .8%‬
                                                                 3            ‭ 4.3%‬
                                                                              4            ‭ 9.37%‬
                                                                                           4
     ‭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
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                                                GameTime c/o Sinclair Recreation                  09/27/2024
                                                176 E Lakewood Blvd                                  Quote #
                                                Holland, MI 49424                               106795-02-03
                                                Ph: 800-444-4954
                                                Fax: 616-392-8634



    2024 Grant Playgrounds - Smith-Ryerson Park - Grant Check with
                     Order - Option Two - Rev One
City of Muskegon                                                                         Ship to Zip 49440
Attn: Kyle Karczewski
PO BOX 536
MUSKEGON, MI 49443-0536
United States
Kyle.karczewski@shorelinecity.com

Quantity Part #          Description                                               Unit Price      Amount
1         RDU            GameTime - Modified Elliot unit for 5-12 year olds        $99,390.00    $99,390.00

                         (1) 3904 -- Bells 20" 1S
                         (1) 3945 -- Rain 12" 2S

                         (2) 12024 -- 3 1/2" Uprt Ass'Y Alum 9'
                         (1) 12025 -- 3 1/2" Uprt Ass'Y Alum 10'

                         (2) 12026 -- 3 1/2" Uprt Ass'Y Alum 11'
                         (1) 12068 -- 3 1/2"Uprt Ass'Y Alum 13'
                         (3) 18201 -- 36" Tri Punched Deck P/T
                         (1) 18705 -- Seat And Table For Two 36"
                         (1) 19013 -- Transfer Platform W/ Barrier (3')
                         (1) 19063 -- Wavy Tree (6'-6" & 7')
                         (1) 19223 -- Sloped Funnel Climber
                         (1) 19247 -- How Tall Am I
                         (1) 19432 -- Triple W/ Spiral
                         (1) 19439 -- 3 in a Row Panel
                         (2) 19698 -- Sloped Funnel Climber Barrier (Dbl)
                         (1) 19715 -- PT Sensory Wave Up & Around (3' & 3'
                         (1) 19806 -- Splitter 8'
                         (2) 26058 -- 3 Way X-Pod Step

                         (1) 26073 -- Single Sky Wheel

                         (13) 26094 -- Triangular Shroud

                         (1) 26096 -- Arched Chain Net Link (Stainless)
                         (1) 26142 -- Single With Step
                         (1) 26161 -- 5'-0" Connectscape Climber

                         (1) 27078 -- Trapezoid Overhead Ladder 60 Deg PT

                         (1) 27080 -- Stretched Trapezoid Overhead - 60 Deg
                         (3) G12068 -- 3 1/2"Uprt Ass'Y Galv 13'
                         (4) G12069 -- 3 1/2"Uprt Ass'Y Galv 14'

                         (1) 27085 -- Metal Climbing Wall Link
                         (2) 6232 -- Pod (1'-0")




                                                                   Page 1 of 4
                                                                                                Page 37 of 262
                                                GameTime c/o Sinclair Recreation                                                       09/27/2024
                                                176 E Lakewood Blvd                                                                       Quote #
                                                Holland, MI 49424                                                                    106795-02-03
                                                Ph: 800-444-4954
                                                Fax: 616-392-8634



     2024 Grant Playgrounds - Smith-Ryerson Park - Grant Check with
                      Order - Option Two - Rev One
Quantity Part #           Description                                                                                   Unit Price      Amount

                          (1) 27084 -- Geocentrix 3 Connection
                          (1) 26070 -- Sail Climbing Wall Attachment

                          (1) 6233 -- Pod (2'-0")
                          (1) 26066 -- Laced Climbing Wall Attachment

1          91862          GameTime - SkyRun Zip Track 35 ft Zero G & Zip Db                                            $30,999.00     $30,999.00
1          RDU            GameTime - Swings with Seats                                                                   $6,384.00     $6,384.00

                          (1) 5128 -- Expression Swing 3 1/2" X 8'

                          (1) 12583 -- Ada Primetime Swing Frame, 3 1/2" Od
                          (1) 12584 -- Ada Primetime Swing Aab, 3 1/2" Od

                          (1) SS8696 -- Encl Tot Seat 3 1/2"/8' High W/Clevis
                          (2) SS8910 -- Belt Seat 3 1/2" /8' W/Clevis

1          655            GameTime - Dome Climber                                                                        $2,054.00     $2,054.00
2          28009          GT-Site - 6' P/S Bench W/Back Inground                                                         $1,025.00     $2,050.00

1          14927          GameTime - NDS Play On Sign Package
304        TIMBERS        Installation - Wood timber edging double stacked 6x6 to surround play area                       $23.00      $6,992.00

1          REMOVAL        Installation - Removal and disposal of existing equipment and edging-                        $14,250.00     $14,250.00
                          Includes removal of EWF from existing play area not in proposed play area
5690       EWF            GT-Impax - 12" Compacted depth engineered wood fiber surfacing, blown in                          $2.60     $14,794.00

62         CONCRETE       Installation - Furnish and install concrete access sidewalk from parking lot to play area-       $16.00        $992.00
                          Includes excavation of pad
5690       EXCAVATION Installation - Excavation with removal of spoils to a depth of 12" for new EWF surfacing-             $2.60     $14,794.00
                      Includes removal of EWF from existing play area not in proposed play area

1          INSTALL        Installation - Installation of GameTime equipment                                            $38,560.00     $38,560.00
Contract: OMNIA #2017001134                                                                                             Sub Total    $231,259.00
                                                                                                                            Grant ($55,134.71)
                                                                                                                 Estimated Freight     $1,800.00
                                                                                                                             Total   $177,924.29

Comments

Matching Grant Funds are available until October 25th, 2024 at 12PM EST or until Grant funds
are no longer available. Approved grant application is required. To receive full grant funding, a
check of $87,548.29 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.




                                                                     Page 2 of 4
                                                                                                                                     Page 38 of 262
                                           GameTime c/o Sinclair Recreation                                            09/27/2024
                                           176 E Lakewood Blvd                                                            Quote #
                                           Holland, MI 49424                                                         106795-02-03
                                           Ph: 800-444-4954
                                           Fax: 616-392-8634



   2024 Grant Playgrounds - Smith-Ryerson Park - Grant Check with
                    Order - Option Two - Rev One
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.

Shipment: Order shall ship within 8-10 weeks after GameTime's receipt and acceptance of your purchase order, color
selections, approved submittals, and receipt of deposit, if required.

NOTE: To qualify for the GameTime Grant, you must complete the application form for pre-approval. Upon approval, a Partial
Matching Grant (reflected in the pricing shown above) is good toward the purchase of a new Powerscape, PrimeTime, XScape
or Ionix Structure only. The order MUST be received no later than October 18th, with full payment to allow for processing, and
your order will ship within 6-10 weeks from date of order placement. The Grant does not apply toward Freight, Freestanding
Items, Surfacing or Installation. To qualify for the matching grant amount shown above, a check for the full amount MUST
accompany your order.

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.

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 3 of 4
                                                                                                                      Page 39 of 262
                                          GameTime c/o Sinclair Recreation                                                    09/27/2024
                                          176 E Lakewood Blvd                                                                    Quote #
                                          Holland, MI 49424                                                                 106795-02-03
                                          Ph: 800-444-4954
                                          Fax: 616-392-8634



   2024 Grant Playgrounds - Smith-Ryerson Park - Grant Check with
                    Order - Option Two - Rev One
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: $177,924.29


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 4 of 4
                                                                                                                            Page 40 of 262
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: October 22, 2024            Title: Parks Restroom Improvements

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

Brief Summary:
Staff is requesting authorization to contract with the low bidder, Muskegon Quality Builders, in the
amount of $38,525 for park restroom improvements for McCrea, Beukema & Seyferth Park.

Detailed Summary & Background:
Through our parks master plan survey, we received feedback that our residents desire improvements
to some of our park restrooms. The most in need at this time (and the parks with the highest amount
of feedback for improvements) are Seyferth, Beukema and McCrea. $100,000 was budgeted
through the adopted Parks Capital Improvement Plan for these improvements. Upgrades include
installing porcelain fixtures and removing stainless steel, masonry work for ADA improvements and
installing new partitions, to name a few. Our department would like to select the lowest bidder,
Muskegon Quality Builders, at $38,525. The remainder of the budgeted funds will be redirected to
new and other capital improvement projects as needed.

Bid Tab

Muskegon Quality Builders: $38,525

Bultsma Construction Co.: $69,731

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
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:
$38,525                                               Yes       x    No           N/A

Fund(s) or Account(s):                               Budget Amendment Needed:
101-901-801-092418                                    Yes            No      x    N/A

Recommended Motion:
Authorize staff to contract with Muskegon Quality Builders in the amount of $38,525 for park restroom


                                                                                             Page 41 of 262
improvements for McCrea, Beukema & Seyferth Park.

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

Information
Technology
Other Division Heads
Communication
Legal Review




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                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: October 22, 2024           Title: Reese Pavilion Construction

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

Brief Summary:
Staff seeks authorization to enter into a contract with Patron Construction in the amount of $51,010
for construction of a pavilion at Reese Park.

Detailed Summary & Background:
The Parks department recently applied for and received a CDBG grant from the Economic
Development division for $20,000 for a pavilion at Reese Park. The demand for this project was first
raised by the Boys & Girls Clubs of Muskegon Lakeshore. Our local BGC holds a summer camp at this
location and a shaded outdoor area would greatly improve the quality of their program as we do
not have usable space at the park that is out of the elements. The pavilion will also be an affordable
rental option for our residents (between $30 to $60), as this park has great amenities for birthday
parties or family gatherings. This project is included in the adopted Parks Capital Improvement Plan
and the cost above the CDBG grant will some from funds devoted to that effort. Staff recommends
the lowest bidder, Patron Construction, for $51,010.

Bid Tab
Patron Construction: $51,010
North Shore Property Solutions: $59,500
Muskegon Quality Builders: $74,851
Sinclair Recreation: $78,880
American Athletix: $108,137
Midwest Construction Group: $176,385

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
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:
$51,010                                              Yes       x   No           N/A

Fund(s) or Account(s):                              Budget Amendment Needed:
101-901-801-092418                                   Yes           No       x   N/A




                                                                                           Page 50 of 262
Recommended Motion:
Authorize staff to enter into a contract with Patron Construction in the amount of $51,010 for
construction of a pavilion at Reese Park.

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

Information
Technology
Other Division Heads
Communication
Legal Review




                                                                                            Page 51 of 262
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                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: October 22, 2024           Title: Resolution to urge the United States
                                                    Department of the Interior to approve the
                                                    petition of the Grand River Bands of Ottawa
                                                    Indians for Federal Acknowledgment.

Submitted by: Jonathan Seyferth, City Manager       Department: Manager's Office

Brief Summary:
Seeking commission approval of a resolution to urge the United States Department of the Interior to
approve the petition of the Grand River Bands of Ottawa Indians for Federal Acknowledgment.

Detailed Summary & Background:

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:


Goal/Action Item:
Administrative Action

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:
Adopt the Resolution to urge the United States Department of the Interior to approve the petition of
the Grand River Bands of Ottawa Indians for Federal Acknowledgment.

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

Information
Technology
Other Division Heads
Communication
Legal Review




                                                                                            Page 57 of 262
                                        CITY OF MUSKEGON, MI
                                   RESOLUTION NO. _____________


   A RESOLUTION TO URGE THE UNITED STATES DEPARTMENT OF THE INTERIOR TO APPROVE THE
   PETITION OF THE GRAND RIVER BANDS OF OTTAWA INDIANS FOR FEDERAL ACKNOWLEDGMENT
WHEREAS, the Grand River Bands of Ottawa Indians (GRBOI) are signatories to numerous treaties with
the United States Federal Government, establishing a sovereign-to-sovereign relationship beginning
with the 1795 Treaty of Greenville, and continuing through the 1807 Treaty of Detroit, the 1821 Treaty
of Chicago, and the 1836 Treaty of Washington; and


WHEREAS, this sovereign relationship was further solidified by the Treaty of Detroit (1855), which set
aside a specific reservation for the Grand River Bands of Ottawa Indians located in western Michigan,
including areas north of the Grand River, in and around Muskegon and Grand Rapids; and

WHEREAS, the Grand River Bands of Ottawa Indians are the political successor-in-interest to the Grand
River Ottawa people, and their relationship with the United States has been consistent with other
recognized Michigan treaty tribes; and

WHEREAS, the State of Michigan recognized the Grand River Bands of Ottawa Indians in 1996 as a
historic Indian tribe that continues to exist as a tribal entity; and

WHEREAS, in 1997, the United States Congress, in anticipation of formal federal acknowledgment,
passed the Michigan Indian Land Claims Settlement Act (P.L. 105-143), which included provisions for
land claim settlements for the Grand River Bands of Ottawa Indians; and

WHEREAS, the Grand River Bands of Ottawa Indians filed Petition #146 for federal acknowledgment
with the United States Department of the Interior, Office of Federal Acknowledgment, in 1994, and that
petition remains pending after decades of delay; and

WHEREAS, this undue delay has caused significant harm to the members of the Grand River Bands of
Ottawa Indians, depriving them of crucial opportunities to support their community in areas such as
housing, health care, public safety, and education;

NOW, THEREFORE, BE IT RESOLVED, that the City of Muskegon urges the United States Department of
the Interior to approve the petition of the Grand River Bands of Ottawa Indians for federal
acknowledgment in an expeditious manner;

AND, BE IT FUTHER RESOLVED, that copies of this resolution be transmitted to the Governor of
Michigan, the United States Secretary of the Interior, and other relevant officials.




                                                                                                      Page 58 of 262
The foregoing Resolution was offered by ______________________ and supported by
____________________ and same was duly passed at a general session of the City of Muskegon City
Commission, with the vote as follows:


Yeas:


Nays:


Absent:


Adopted this 22nd day of October, 2024.


By:       _______________________________
          Kenneth D. Johnson, Mayor




By:       ________________________________
          Ann Marie Meisch, MMC – City Clerk


                                            CERTIFICATION


I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on
October 22, 2024.


By:       ________________________________
          Ann Marie Meisch, MMC – City Clerk




                                                                                                     Page 59 of 262
Page 60 of 262
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: October 22, 2024             Title: Vacation of the remaining portion of the
                                                      alley between 2nd St and 3rd St, south of
                                                      Webster Ave and north of Muskegon Ave.

Submitted by: Mike Franzak, Planning Director         Department: Planning

Brief Summary:
The applicant owns the former “Corner” building at the corner of Muskegon/3rd. They have
requested to vacate the remaining portion of the alley that dead ends at the eastern edge of their
property. The applicant does not intend on building over the alley. However, they would like to limit
car access through the area with landscaping planters and/or art pieces. They are also considering a
decorative walkway that would lead pedestrians towards the Muskegon Museum of Art.

Detailed Summary & Background:
Vacating an alley relinquishes the City’s interest in the alley. However, a utility easement would still
remain in effect. After vacating the alley, the land would be owned by everyone in the block. No
permanent structures would be allowed over the former alley until it has been replatted. There are
sanitary and storm sewers located in the alley. The City must maintain an easement to this
infrastructure once the alley is vacated. Any approval of the vacation should be contingent upon
the City retaining a utility easement.

The Planning Commission unanimously (8-0, 1 member absent) recommended in favor of vacating
the alley with the condition that the City retains a utility easement with the same boundaries as the
alley being vacated.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:


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:
I move that the request to vacate the remaining portion of the alley between 2nd St and 3rd St, south
of Webster Ave and north of Muskegon Ave, be approved with the condition that the City retains a
utility easement with the same boundaries as the alley being vacated.


                                                                                                Page 61 of 262
Approvals:                 Guest(s) Invited / Presenting:
Immediate Division     X
Head                        No

Information
Technology
Other Division Heads
Communication
Legal Review




                                                            Page 62 of 262
                         Planning Commission Staff Report Excerpt
                                        October 10, 2024


Hearing, Case 2024-25: Request to vacate the remaining portion of the alley between 2nd St and
3rd St, north of Webster Ave and south of Clay Ave, by West Haven 280 LLC.

SUMMARY

   1. The applicant owns the former “Corner” building at the corner of Muskegon/3rd. They
      have requested to vacate the remaining portion of the alley that dead ends at the eastern
      edge of their property.
   2. The applicant does not intend on building over the alley, however they would like to limit
      car access through the area with landscaping planters and/or art pieces. They are also
      considering a decorative walkway that would lead pedestrians towards the Muskegon
      Museum of Art.
   3. Vacating an alley relinquishes the City’s interest in the alley. However, a utility easement
      would still remain in effect. After vacating the alley, the land would be owned by everyone
      in the block. No permanent structures would be allowed over the former alley until it has
      been replatted.
   4. There are sanitary and storm sewers located in the alley. The City must maintain an
      easement to this infrastructure once the alley is vacated. An approval of the vacation should
      be contingent upon the City retaining a utility easement.
   5. Notification was sent to everyone in the block. At the time of this writing, staff had not
      received any public comments.




STAFF RECOMMENDATION

Staff recommends approval of the alley vacation as long as access to the utilities remains.




                                                                                               Page 63 of 262
                                      CITY OF MUSKEGON

                                   RESOLUTION No.______________

                           RESOLUTION TO VACATE A PUBLIC ALLEY
THE REMAINING PORTION OF THE ALLEY BETWEEN 2ND ST AND 3rd ST, SOUTH OF WEBSTER
                      AVE AND NORTH OF MUSKEGON AVE



WHEREAS, a petition has been received to vacate the remaining portion of the alley between 2nd St and
3rd St, south of Webster Ave and north of Muskegon Ave; and
WHEREAS, the Planning Commission held a public hearing on October 10, 2024 to consider the petition
and subsequently recommended the vacation with the condition that access to utilities remains; and
WHEREAS, due notice had been given of said hearing as well as the October 22, 2024 City Commission
meeting to consider the recommendation of the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the public
interest to vacate the remaining portion of the alley between 2nd St and 3rd St, south of Webster Ave and
north of Muskegon Ave;
BE IT FURTHER RESOLVED that the City Commission does hereby declare the said alley vacated and
discontinued provided, however, that this action on the part of the City Commission shall not operate so
as to conflict with any fire access or the utility rights heretofore acquired by the City or by any public
service utility in the City of Muskegon, operating in, over and upon said portion of street hereby vacated,
and it is hereby expressly declared that any such rights shall remain in full force and effect;
BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the city shall restore
the disturbed area to the grade and paving in existence at the time of vacation. The City shall not be
responsible to replace special planting, landscaping, fences or any structure. No structure shall be placed
in the vacated street which, in the sole judgment of the City, will interfere with the repair or maintenance
of utilities in the easement, public or private.


Adopted this 22nd day of October, 2024.


       Ayes:


       Nays:


       Absent:




                                                                                                    Page 64 of 262
By:
      Ken Johnson, Mayor


Attest:
       Ann Meisch, MMC, City Clerk




                                     Page 65 of 262
                                                 CERTIFICATE

    (Vacation of the remaining portion of the alley between 2nd St and 3rd St, south of Webster Ave and north of
                                                  Muskegon Ave)


I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City
Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular meeting held on
October 22, 2024.




                                                         ______________________________
                                                         Ann Meisch, MMC
                                                         Clerk, City of Muskegon




                                                                                                            Page 66 of 262
                          Agenda Item Review Form
                          Muskegon City Commission
Commission Meeting Date: October 22, 2024              Title: Equipment Replacement - Plow Trucks

Submitted by: Joe Buthker, DPW Superintendent          Department: Public Works

Brief Summary:
Staff is requesting approval to purchase two replacement plow trucks.

Detailed Summary & Background:
Two replacement plow trucks will be purchased for the City’s equipment fleet. The cab and chassis
for two trucks will be purchased from West Michigan International for $108,928.78 each. The build of
the boxes and underbody scraper blades will be done by Truck and Trailer Specialties for a price of
$99,882.00 each. One of the truck builds will include a new V-Box salt spreader for $34,945.00 to
replace an older existing unit that is becoming difficult to repair. The cab and chassis for this truck will
be purchased through the Sourcewell contract; the build of the box and underbody scraper blade
will be purchased under the MiDEAL contract. Sourcewell and MiDEAL are purchasing collectives
that publicly bid items to offer the best value to member organizations.

              Quantity Unit Price      Total
Cab &         2          $108,928.78 $217,857.56
Chassis
Box &     2              $99,882.00    $199,764.00
Underbody
V-Box Salt    1          $34,945.00    $34,945.00
Spreader
Total                                  $452,566.56

The total cost of $452,566.56 is a budgeted expense from the Equipment Fund for this fiscal year
(2024-2025).

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:
$452,566.56                                                Yes    X    No            N/A



                                                                                                 Page 67 of 262
Fund(s) or Account(s):                            Budget Amendment Needed:
Equipment Fund (661-563)                           Yes           No       X   N/A

Recommended Motion:
I move to authorize staff to purchase two new plow trucks through West Michigan International and
Truck & Trailer Specialties for $452,566.56.

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

Information
Technology
Other Division Heads
Communication
Legal Review




                                                                                        Page 68 of 262
Equipment Purchase – Plow Truck




 (To show new logo positioning)

                                  Page 69 of 262
                                                                                                                    September 10, 2024


Prepared For:                                                                                                         Presented By:
City of Muskegon                                                                                               WEST MICHIGAN INTL
Joe Buckingham                                                                                                        Steven E Bush
1350 E Keating Ave.                                                                                                575 56TH ST. SW
Muskegon, MI 49442-6183                                                                                      WYOMING MI 49548 - 4497
(231)724 - 6937                                                                                                       (616)241-4656
Reference ID: N/A
Thank you for the opportunity to provide you with the following quotation on a new International truck. I am sure the following detailed
specification will meet your operational requirements, and I look forward to serving your business needs.

                                                            Model Profile
                                                       2026 HV507 SFA (HV507)
AXLE CONFIG:                            4X2
APPLICATION:                            Front Plow and Underbelly Scraper with Spreader
MISSION:                                Requested GVWR: 36220. Calc. GVWR: 36220. Calc. GCWR: 80000
                                        Calc. Start / Grade Ability: 44.45% / 3.76% @ 55 MPH
                                        Calc. Geared Speed: 63.8 MPH
DIMENSION:                              Wheelbase: 183.00, CA: 108.00, Axle to Frame: 75.00
ENGINE, DIESEL:                         {Cummins L9 330} EPA 2024, 330HP @ 2200 RPM, 1000 lb-ft Torque @ 1200 RPM, 2200 RPM
                                        Governed Speed, 330 Peak HP (Max)
TRANSMISSION, AUTOMATIC:                {Allison 3500 RDS} 6th Generation Controls, Wide Ratio, 6-Speed with Double Overdrive, with
                                        PTO Provision, Less Retarder, Includes Oil Level Sensor, with 80,000-lb GVW and GCW Max,
                                        On/Off Highway
CLUTCH:                                 Omit Item (Clutch & Control)
AXLE, FRONT NON-DRIVING:                {Meritor MFS-16-143A} Wide Track, I-Beam Type, 16,000-lb Capacity
AXLE, REAR, SINGLE:                     {Meritor RS-23-160} Single Reduction, 23,000-lb Capacity, 200 Wheel Ends Gear Ratio: 6.43
CAB:                                    Conventional, Day Cab
TIRE, FRONT:                            (2) 11R22.5 Load Range H HSC 3 (CONTINENTAL), 496 rev/mile, 68 MPH, All-Position
TIRE, REAR:                             (4) 11R22.5 Load Range G FUEL MAX RTD (GOODYEAR), 495 rev/mile, 75 MPH, Drive
SUSPENSION, REAR, SINGLE:               31,000-lb Capacity, Vari-Rate Springs, with 4500-lb Capacity Auxiliary Multileaf Springs
PAINT:                                  Cab schematic 100WK
                                                Location 1: 9219, Winter White (Std)
                                        Chassis schematic N/A




                                                                    1                                                Proposal: 15902-01
                                                                                                                            Page 70 of 262
                                      Vehicle Specifications                             September 10, 2024
                                     2026 HV507 SFA (HV507)

Code      Description                                                                        F/R Wt Tot Wt
                                                                                                (lbs)  (lbs)
HV50700   Base Chassis, Model HV507 SFA with 183.00 Wheelbase, 108.00 CA, and 75.00       5957/3683   9640
          Axle to Frame.

1570      TOW HOOK, FRONT (2) Frame Mounted                                                     8/0       8
1ANA      AXLE CONFIGURATION {Navistar} 4x2                                                 52/-111      -59

          Notes
          : Pricing may change if axle configuration is changed.

1CGE      FRAME RAILS Heat Treated Alloy Steel (125,000 PSI Yield); 11.25" x 4.00" x        233/594     827
          0.500" (285.75mm x 101.6mm x 12.7mm); 480.8" (12212mm) Maximum OAL
1LLK      BUMPER, FRONT Omit Item                                                            -87/12      -75
1WDS      FRAME EXTENSION, FRONT Integral; 20" In Front of Grille                           139/-34     105

1WDU      CROSSMEMBER, FRONT for Hydraulic Pump, Mounting Flange to Accommodate                41/4      45
          Pump
1WEV      WHEELBASE RANGE 146" (370cm) Through and Including 195" (495cm)                  217/-217       0

2ARU      AXLE, FRONT NON-DRIVING {Meritor MFS-16-143A} Wide Track, I-Beam Type,              148/0     148
          16,000-lb Capacity
3ADE      SUSPENSION, FRONT, SPRING Parabolic Taper Leaf, Shackle Type, 16,000-lb              44/0      44
          Capacity, with Shock Absorbers

4091      BRAKE SYSTEM, AIR Dual System for Straight Truck Applications                         0/0       0

          Includes
          : BRAKE LINES Color and Size Coded Nylon
          : DRAIN VALVE Twist-Type
          : GAUGE, AIR PRESSURE (2) Air 1 and Air 2 Gauges; Located in Instrument
          Cluster
          : PARKING BRAKE CONTROL Yellow Knob, Located on Instrument Panel
          : PARKING BRAKE VALVE For Truck
          : QUICK RELEASE VALVE On Rear Axle for Spring Brake Release: 1 for 4x2, 2
          for 6x4
          : SPRING BRAKE MODULATOR VALVE R-7 for 4x2, SR-7 with relay valve for
          6x4/8x6

4732      DRAIN VALVE {Berg} with Pull Chain, for Air Tank                                      0/0       0

4AZA      AIR BRAKE ABS {Bendix AntiLock Brake System} 4-Channel (4 Sensor/4                    0/0       0
          Modulator) Full Vehicle Wheel Control System

4EBT      AIR DRYER {Bendix AD-IP} with Heater                                                11/16      27

4EXU      BRAKE CHAMBERS, REAR AXLE {Bendix EverSure} 30/30 SqIn Spring Brake                   0/7       7

4EXV      BRAKE CHAMBERS, FRONT AXLE {Bendix} 24 SqIn                                           4/0       4

4GBM      BRAKE, PARKING Manual Push-Pull Pneumatic Parking Brake                               1/0       1

4LAG      SLACK ADJUSTERS, FRONT {Gunite} Automatic                                            14/0      14

4LGG      SLACK ADJUSTERS, REAR {Gunite} Automatic                                             0/14      14

4SPA      AIR COMPRESSOR {Cummins} 18.7 CFM                                                     0/0       0

4VHZ      AIR TANK LOCATION (2) Mounted Under Cab, Outside Left Rail, on Step Bracket,        37/18      55
          with Ground Clearance
4VKC      AIR DRYER LOCATION Mounted Inside Left Rail, Back of Cab                             13/8      21




                                                  2                                      Proposal: 15902-01
                                                                                                Page 71 of 262
                                     Vehicle Specifications                                      September 10, 2024
                                    2026 HV507 SFA (HV507)

Code   Description                                                                                   F/R Wt Tot Wt
                                                                                                       (lbs)  (lbs)
4WBX   DUST SHIELDS, FRONT BRAKE for Air Cam Brakes                                                    10/0     10

4WDM   DUST SHIELDS, REAR BRAKE for Air Cam Brakes                                                     0/10     10

4XDR   BRAKES, REAR {Meritor 16.5X7 Q-PLUS CAST} Air S-Cam Type, Cast Spider,                          0/52     52
       Fabricated Shoe, Double Anchor Pin, Size 16.5" X 7", 23,000-lb Capacity per Axle
4XDT   BRAKES, FRONT {Meritor 16.5X6 Q-PLUS CAST} Air S-Cam Type, Cast Spider,                         33/0     33
       Fabricated Shoe, Double Anchor Pin, Size 16.5" X 6", 23,000-lb Capacity
5710   STEERING COLUMN Tilting and Telescoping                                                         16/3     19

5CAW   STEERING WHEEL 4-Spoke; 18" Dia., Black                                                          0/0      0
5PTB   STEERING GEAR (2) {Sheppard M100/M80} Dual Power                                              101/-5     96

6DGG   DRIVELINE SYSTEM {Dana Spicer} 1710, for 4x2/6x2                                                5/23     28

7BEU   AFTERTREATMENT COVER Aluminum                                                                    8/3     11

7BMB   EXHAUST SYSTEM Horizontal Aftertreatment System, Frame Mounted Right Side                     122/42    164
       Under Cab, for Single Vertical Tail Pipe, Frame Mounted Right Side Back of Cab,
       for Improved Ground Clearance
7WBU   EXHAUST HEIGHT 11' 6"                                                                          18/13     31

7WDN   MUFFLER/TAIL PIPE GUARD (1) Aluminum                                                             9/7     16

7WDT   TAIL PIPE (1) Straight Type                                                                      5/4      9

8000   ELECTRICAL SYSTEM 12-Volt, Standard Equipment                                                    0/0      0

       Includes
       : DATA LINK CONNECTOR For Vehicle Programming and Diagnostics In Cab
       : HAZARD SWITCH Push On/Push Off, Located on Instrument Panel to Right of
       Steering Wheel
       : HEADLIGHT DIMMER SWITCH Integral with Turn Signal Lever
       : PARKING LIGHT Integral with Front Turn Signal and Rear Tail Light
       : STARTER SWITCH Electric, Key Operated
       : STOP, TURN, TAIL & B/U LIGHTS Dual, Rear, Combination with Reflector
       : TURN SIGNAL SWITCH Self-Cancelling for Trucks, Manual Cancelling for
       Tractors, with Lane Change Feature
       : WINDSHIELD WIPER SWITCH 2-Speed with Wash and Intermittent Feature (5
       Pre-Set Delays), Integral with Turn Signal Lever
       : WINDSHIELD WIPERS Single Motor, Electric, Cowl Mounted
       : WIRING, CHASSIS Color Coded and Continuously Numbered

8695   SNOW SHIELD (2) Chrome; for Dual Air Horns                                                       2/0      2

8718   POWER SOURCE Cigar Type Receptacle without Plug and Cord                                         1/0      1

8GGG   ALTERNATOR {Delco Remy 36SI} Brushless, 12 Volt, 165 Amp Capacity, Pad                           7/0      7
       Mount, with Remote Sense
8HAB   BODY BUILDER WIRING Back of Day Cab at Left Frame or Under Sleeper,                              2/0      2
       Extended or Crew Cab at Left Frame; Includes Sealed Connectors for Tail/Amber
       Turn/Marker/ Backup/Accessory Power/Ground and Sealed Connector for Stop/
       Turn

8HAH   ELECTRIC TRAILER BRAKE/LIGHTS Accommodation Package to Rear of Frame;                            0/2      2
       for Combined Trailer Stop, Tail, Turn, Marker Light Circuits; Includes Electric Trailer
       Brake Accommodation Package with Cab Connections for Mounting Customer
       Installed Electric Brake Unit, Less Trailer Socket




                                                 3                                               Proposal: 15902-01
                                                                                                       Page 72 of 262
                                   Vehicle Specifications                                September 10, 2024
                                  2026 HV507 SFA (HV507)

Code    Description                                                                          F/R Wt Tot Wt
                                                                                               (lbs)  (lbs)
8HXT    HORN, AIR (2) Single Tone, Chrome, Roof Mounted, with Lanyard Pull Cord                  0/0      0

8MSG    BATTERY SYSTEM {Fleetrite} Maintenance-Free, (3) 12-Volt 1980CCA Total, Top           25/28     53
        Threaded Stud
8RMV    SPEAKERS (2) 6.5" Dual Cone Mounted in Doors                                            5/0      5

8RPR    ANTENNA for Increased Roof Clearance Applications                                       1/0      1
8RPT    RADIO AM/FM/WB/Clock/USB Input/Auxiliary Input                                          3/0      3

8THJ    AUXILIARY HARNESS 3.0' for Auxiliary Front Head Lights and Turn Signals for             2/0      2
        Front Plow Applications
8VAY    HORN, ELECTRIC Disc Style                                                               0/0      0

8VUJ    BATTERY BOX Steel, with Plastic Cover, 18" Wide, 2-4 Battery Capacity, Mounted       -34/11     -23
        Right Side Back of Cab
8WGL    WINDSHIELD WIPER SPD CONTROL Force Wipers to Slowest Intermittent Speed                 0/0      0
        When Park Brake Set and Wipers Left on for a Predetermined Time
8WPH    CLEARANCE/MARKER LIGHTS (5) {Truck Lite} Amber LED Lights, Flush                        0/0      0
        Mounted on Cab or Sunshade
8WPZ    TEST EXTERIOR LIGHTS Pre-Trip Inspection will Cycle all Exterior Lamps Except           0/0      0
        Back-up Lights

8WRB    HEADLIGHTS ON W/WIPERS Headlights Will Automatically Turn On if Windshield              0/0      0
        Wipers are Turned On

8WTK    STARTING MOTOR {Delco Remy 38MT Type 300} 12 Volt, Less Thermal Over-                   8/1      9
        Crank Protection

8WWJ    INDICATOR, LOW COOLANT LEVEL with Audible Alarm                                         0/0      0

8WXD    ALARM, PARKING BRAKE Electric Horn Sounds in Repetitive Manner When                     0/0      0
        Vehicle Park Brake is "NOT" Set, with Ignition "OFF" and any Door Opened

8XAH    CIRCUIT BREAKERS Manual-Reset (Main Panel) SAE Type III with Trip                       0/0      0
        Indicators, Replaces All Fuses

8XJE    TURN SIGNALS, FRONT Dual Face, LED, Amber/Amber, Mounted on Top of                      0/0      0
        Fender, Used with Standard Flush Mounted Front Turn Signal, Side Marker Lamps,
        Parking Lights and Reflectors

8XNZ    HEADLIGHTS Halogen, with Daytime Running Lights                                         0/0      0

9AAB    LOGOS EXTERIOR Model Badges                                                             0/0      0

9AAE    LOGOS EXTERIOR, ENGINE Badges                                                           0/0      0

9HAN    INSULATION, UNDER HOOD for Sound Abatement                                             10/0     10

9HBM    GRILLE Stationary, Chrome                                                               0/0      0

9HBN    INSULATION, SPLASH PANELS for Sound Abatement                                           2/0      2

9WBC    FRONT END Tilting, Fiberglass, with Three Piece Construction, for WorkStar/HV           0/0      0

10060   PAINT SCHEMATIC, PT-1 Single Color, Design 100                                          0/0      0

        Includes
        : PAINT SCHEMATIC ID LETTERS "WK"

10761   PAINT TYPE Base Coat/Clear Coat, 1-2 Tone                                               0/0      0




                                              4                                          Proposal: 15902-01
                                                                                               Page 73 of 262
                                     Vehicle Specifications                                      September 10, 2024
                                    2026 HV507 SFA (HV507)

Code    Description                                                                                  F/R Wt Tot Wt
                                                                                                       (lbs)  (lbs)
10AGB   COMMUNICATIONS MODULE Telematics Device with Over the Air Programming;                           1/0      1
        Includes Five Year Data Plan and International 360

10SLV   PROMOTIONAL PACKAGE Government Silver Package                                                   0/0      0
10UAV   VEHICLE REGISTRATION IDENTITY ID for Non CARB Omnibus/Non ACT                                   0/0      0
        Adopting State or Exempt Vehicle << Contains non-mitigated legacy engine & must
        be registered outside the States of CA/MA/OR unless exempt.You may be held
        liable under CA/MA/OR law for failure to properly register/otherwise failing to follow
        CA/MA/OR law>>
        Notes
        : CANNOT BE REGISTERED IN CA, OR, MA. For vehicles that will be registered
        in States other than CA, OR, MA.
11001   CLUTCH Omit Item (Clutch & Control)                                                             0/0      0

12703   ANTI-FREEZE Red, Extended Life Coolant; To -40 Degrees F/ -40 Degrees C,                        0/0      0
        Freeze Protection
12851   PTO EFFECTS, ENGINE FRONT Less PTO Unit, Includes Adapter Plate on                             10/0     10
        Engine Front Mounted
12EYX   ENGINE, DIESEL {Cummins L9 330} EPA 2024, 330HP @ 2200 RPM, 1000 lb-ft                        560/4    564
        Torque @ 1200 RPM, 2200 RPM Governed Speed, 330 Peak HP (Max)
12THT   FAN DRIVE {Horton Drivemaster} Two-Speed Type, Direct Drive, with Residual                      0/0      0
        Torque Device for Disengaged Fan Speed

        Includes
        : FAN Nylon

12UWZ   RADIATOR Aluminum, Cross Flow, Front to Back System, 1228 SqIn, with 1167                     23/-5     18
        SqIn Charge Air Cooler, Includes In-Tank Oil Cooler

        Includes
        : DEAERATION SYSTEM with Surge Tank
        : HOSE CLAMPS, RADIATOR HOSES Gates Shrink Band Type; Thermoplastic
        Coolant Hose Clamps
        : RADIATOR HOSES Premium, Rubber

12VAG   AIR CLEANER Single Element, with Integral Snow Valve and In-Cab Control                         2/0      2

12VKC   EMISSION, CALENDAR YEAR {Cummins L9} EPA, OBD and GHG Certified for                             0/0      0
        Calendar Year 2025

12VXT   THROTTLE, HAND CONTROL Engine Speed Control; Electronic, Stationary,                            0/0      0
        Variable Speed; Mounted on Steering Wheel

12WVG   EPA IDLE COMPLIANCE Low NOx Idle Engine, Complies with EPA Clean Air                            0/0      0
        Regulations; Includes "Certified Clean Idle" Decal on Hood

12WZE   CARB IDLE COMPLIANCE Does Not Comply with California Clean Air Idle                             0/0      0
        Regulations
12XBM   ENGINE CONTROL, REMOTE MOUNTED Provision for; Includes Wiring for Body                          0/0      0
        Builder Installation of PTO Controls and Starter Lockout, with Ignition Switch
        Control, for Cummins B6.7 and L9 Engines

12XCS   CARB EMISSION WARR COMPLIANCE Does Not Comply with CARB Emission                                0/0      0
        Warranty




                                                  5                                              Proposal: 15902-01
                                                                                                       Page 74 of 262
                                    Vehicle Specifications                                  September 10, 2024
                                   2026 HV507 SFA (HV507)

Code    Description                                                                             F/R Wt Tot Wt
                                                                                                  (lbs)  (lbs)
13BDR   TRANSMISSION, AUTOMATIC {Allison 3500 RDS} 6th Generation Controls, Wide                208/75    283
        Ratio, 6-Speed with Double Overdrive, with PTO Provision, Less Retarder, Includes
        Oil Level Sensor, with 80,000-lb GVW and GCW Max, On/Off Highway
13WET   TRANSMISSION SHIFT CONTROL Column Mounted Stalk Shifter, Not for Use                       1/0      1
        with Allison 1000 & 2000 Series Transmission
13WLP   TRANSMISSION OIL Synthetic; 29 thru 42 Pints                                               0/0      0

13WUC   ALLISON SPARE INPUT/OUTPUT for Rugged Duty Series (RDS) and Regional                       0/0      0
        Haul Series (RHS), General Purpose Trucks, Construction, Package Number 223
13WVV   NEUTRAL AT STOP Allison Transmission Shifts to Neutral When Service Brake is               0/0      0
        Depressed and Vehicle is at Stop; Remains in Neutral Until Service Brake is
        Released

13WYH   TRANSMISSION TCM LOCATION Located Inside Cab                                               0/0      0

13WYU   SHIFT CONTROL PARAMETERS {Allison} 3000 or 4000 Series Transmissions,                      0/0      0
        Performance Programming

13XAN   PTO LOCATION Customer Does Not Intend to Install PTO                                       0/0      0

14051   AXLE, REAR, SINGLE {Meritor RS-23-160} Single Reduction, 23,000-lb Capacity,             0/215    215
        200 Wheel Ends . Gear Ratio: 6.43
14SAL   SUSPENSION, REAR, SINGLE 31,000-lb Capacity, Vari-Rate Springs, with 4500-               0/207    207
        lb Capacity Auxiliary Multileaf Springs

15LNS   FUEL/WATER SEPARATOR {Racor 400 Series} 12 VDC Electric Heater, Includes                  -1/-4     -5
        Pre-Heater, with Primer Pump, Includes Water-in-Fuel Sensor, Mounted on Engine

15SSC   FUEL TANK Temporary, Top Draw, Non-Polished Aluminum, D-Style, 16" Tank                   22/4     26
        Depth, 50 US Gal (189L), Mounted Left Side, Back of Cab

15WDG   DEF TANK 7 US Gal (26L) Capacity, Frame Mounted Outside Left Rail, Under Cab               0/0      0

16030   CAB Conventional, Day Cab                                                                  0/0      0

16BAM   AIR CONDITIONER with Integral Heater and Defroster                                         0/0      0

16GED   GAUGE CLUSTER Base Level; English with English Electronic Speedometer                      0/0      0

        Includes
        : GAUGE CLUSTER DISPLAY: Base Level (3" Monochromatic Display), Premium
        Level (5" LCD Color Display); Odometer, Voltmeter, Diagnostic Messages, Gear
        Indicator, Trip Odometer, Total Engine Hours, Trip Hours, MPG, Distance to Empty/
        Refill for
        : GAUGE CLUSTER Speedometer, Tachometer, Engine Coolant Temp, Fuel
        Gauge, DEF Gauge, Oil Pressure Gauge, Primary and Secondary Air Pressure
        : WARNING SYSTEM Low Fuel, Low DEF, Low Oil Pressure, High Engine Coolant
        Temp, Low Battery Voltage (Visual and Audible), Low Air Pressure (Primary and
        Secondary)

16HGH   GAUGE, OIL TEMP, AUTO TRANS for Allison Transmission                                       1/0      1

16HKT   IP CLUSTER DISPLAY On Board Diagnostics Display of Fault Codes in Gauge                    0/0      0
        Cluster
16JNV   SEAT, DRIVER {National 2000} Air Suspension, High Back with Integral Headrest,             0/0      0
        Cloth, Isolator, 1 Chamber Lumbar, 2 Position Front Cushion Adjust, -3 to +14
        Degree Back Angle Adjust




                                               6                                            Proposal: 15902-01
                                                                                                  Page 75 of 262
                                        Vehicle Specifications                                 September 10, 2024
                                       2026 HV507 SFA (HV507)

Code         Description                                                                           F/R Wt Tot Wt
                                                                                                     (lbs)  (lbs)
16SEE        GRAB HANDLE, EXTERIOR Chrome, Towel Bar Type, with Anti-Slip Rubber                       3/0      3
             Inserts, for Cab Entry Mounted Left Side at B-Pillar

16SMM        SEAT, PASSENGER {National} Non Suspension, High Back, Fixed Back, Integral              15/8     23
             Headrest, Cloth

16SNM        MIRRORS (2) C-Loop, Heated, Black Heads and Arms, 7.5" x 14" Flat Glass,                 0/0      0
             Includes 7.5" x 7" Convex Mirrors, for 102" Load Width
             Notes
             : Mirror Dimensions are Rounded to the Nearest 0.5"

16VKB        CAB INTERIOR TRIM Classic, for Day Cab                                                   0/0      0

             Includes
             : CONSOLE, OVERHEAD Molded Plastic with Dual Storage Pockets, Retainer
             Nets and CB Radio Pocket; Located Above Driver and Passenger
             : DOME LIGHT, CAB Door Activated and Push On-Off at Light Lens, Timed Theater
             Dimming, Integral to Overhead Console, Center Mounted
             : SUN VISOR (2) Padded Vinyl; 2 Moveable (Front-to-Side) Primary Visors, Driver
             Side with Toll Ticket Strap

16VLV        MONITOR, TIRE PRESSURE Omit                                                             -9/-2    -11

16VSL        WINDSHIELD Heated, Single Piece                                                          0/0      0

16WBY        ARM REST, RIGHT, DRIVER SEAT                                                             3/0      3

16WLS        FRESH AIR FILTER Attached to Air Intake Cover on Cowl Tray in Front of                   0/0      0
             Windshield Under Hood

16WSK        CAB REAR SUSPENSION Air Bag Type                                                         0/0      0

16XCK        WINDOW, MANUAL (2) and Manual Door Locks, Left and Right Doors                           0/0      0

16XJN        INSTRUMENT PANEL Flat Panel                                                              0/0      0

16XXC        COWL TRAY LID                                                                            7/4     11

16ZBT        ACCESS, CAB Steel, Driver & Passenger Sides, Two Steps per Door, for use with            0/0      0
             Day Cab and Extended Cab

27DUK        WHEELS, FRONT {Accuride 29169} DISC; 22.5x8.25 Rims, Powder Coat Steel,                 12/0     12
             5-Hand Hole, 10-Stud, 285.75mm BC, Hub-Piloted, Flanged Nut, with .472" Thick
             Increased Capacity Disc and Steel Hubs
28DUK        WHEELS, REAR {Accuride 29169} DUAL DISC; 22.5x8.25 Rims, Powder Coat                    0/24     24
             Steel, 5-Hand Hole, 10-Stud, 285.75mm BC, Hub-Piloted, Flanged Nut, with .472"
             Thick Increased Capacity Disc and Steel Hubs

60AAG        BDY INTG, REMOTE POWER MODULE Mounted Inside Cab Behind Driver Seat,                     0/0      0
             Up to 6 Outputs & 6 Inputs, Max 20 amp per Channel, Max 80 amp Total; Includes
             1 Switch Pack with Latched Switches

7372138137   (4) TIRE, REAR 11R22.5 Load Range G FUEL MAX RTD (GOODYEAR), 495 rev/                   0/-8      -8
             mile, 75 MPH, Drive
7382135438   (2) TIRE, FRONT 11R22.5 Load Range H HSC 3 (CONTINENTAL), 496 rev/mile,                 12/0     12
             68 MPH, All-Position
             Cab schematic 100WK

                Location 1: 9219, Winter White (Std)

             Chassis schematic N/A




                                                       7                                       Proposal: 15902-01
                                                                                                     Page 76 of 262
                                                        Vehicle Specifications                                      September 10, 2024
                                                       2026 HV507 SFA (HV507)

Code                       Description                                                                                   F/R Wt Tot Wt
                                                                                                                           (lbs)  (lbs)
                           Services Section:

40128                      WARRANTY Standard for HV507, HV50B, HV607 Models, Effective with Vehicles                         0/0          0
                           Built July 1, 2017 or Later, CTS-2025A

40TWA                      SRV CONTRACT, EXT ALLISON XMSN {Allison} To 60-Month/Unlimited Miles/                             0/0          0
                           km, for Allison 3500 RDS with Dump Truck or Mixer Vocations (ST01, ST06, ST07)
40YAP                      SRV CONTRACT, EXT VEH COVERAGE {Navistar} To 60-Month/100,000 Miles                               0/0          0
                           (160,000 km), Excludes Extended Warranty for Engine and Transmission
40YYX                      SRV CONTRACT, EXT CMMS ENGINE {Cummins} To 60-Month/100,000 Miles                                 0/0          0
                           (160,000 km), Extended Cummins L9 Engine Coverage, Protection Plan 1
                           Total Component Weight:                                                                   8063/4710     12773
                                                                                                                           (lbs)     (lbs)

                                                                                                                           (lbs)     (lbs)

The weight calculations included in this proposal are an estimate of future vehicle weight. The actual weight as manufactured may be
different from the estimated weight. Navistar, Inc. shall not be liable for any consequences resulting from any differences between the
estimated weight of a vehicle and the actual weight.




                                                                    8                                               Proposal: 15902-01
                                                                                                                            Page 77 of 262
                                                          Financial Summary                                        September 10, 2024
                                                        2026 HV507 SFA (HV507)

                                                            (US DOLLAR)
          Description                                                                                  Price

          Factory List Prices:
                 Product Items                                         $156,381.00
                 Service Items                                           $8,424.00
          Total Factory List Price Including Options:                                           $164,805.00
                Freight                                                  $3,100.00
          Total Freight:                                                                           $3,100.00
          Total Factory List Price Including Freight:                                           $167,905.00
                Less Customer Allowance:                                                        ($59,286.22)
          Total Vehicle Price:                                                                  $108,618.78
          Total Sale Price:                                                                     $108,618.78
          Total Per Vehicle Sales Price:                                                        $108,618.78
          Total Net Sales Excluding Taxes:                                                      $108,618.78
                DOC FEE                                                   $295.00
                MICHIGAN TITLE FEE                                         $15.00
          Total License, Title, & Taxes:                                                            $310.00
          Net Sales Price:                                                                      $108,928.78


Please feel free to contact me regarding these specifications should your interests or needs change. I am confident you will be
pleased with the quality and service of an International vehicle.


Approved by Seller:                                                                                            Accepted by Purchaser:


Official Title and Date                                                                                        Firm or Business Name


Authorized Signature                                                                                   Authorized Signature and Date



This proposal is not binding upon the seller without
Seller's Authorized Signature


                                                                                                                 Official Title and Date


The TOPS FET calculation is an estimate for reference purposes only. The seller or retailer is responsible for calculating
and reporting/paying appropriate FET to the IRS.


The limited warranties applicable to the vehicles described herein are Navistar, Inc.'s standard printed warranties which
are incorporated herein by reference and to which you have been provided a copy and hereby agree to their terms and
conditions.




                                                                   9                                               Proposal: 15902-01
                                                                                                                           Page 78 of 262
                                Truck & Trailer Specialties
                                   3286 Hanna Lake Ind. Park Dr.
                                         Dutton, MI. 49316
                                Phone 616-698-8215, Fax 616-698-0972
                                       Quote No. DQO005100
City of Muskegon
Attn: Joe Buckingham
Phone: (231)-855-0328
October 8, 2024


                              State Contract Hyperlink No: 200000000034

Equipment Quotation
Chassis info: 2025, HV-507, International, Single Axle, 108” CA, 9L Cummins, Allison

Supply and install 10’ Crysteel Select stainless steel dump body including:
        Body: 10’ L 84” I.D. 96” O.D.
        Front style: straight, height 50”, material 7ga. 201 SS
        1/4 Cabshield: 7 ga. 201 SS 16” long
        13” deep x 13.25” wide doghouse
        Side height: 26” front/rear, material 7 ga. 201 SS
        8” side to floor radius
        Horizontal formed “V” side braces
        Lower side rails: 2” flat
        Rear style: straight, height 32”, material 7 ga. 201 SS
        6 panel tailgate, 3-1/2” thick
        Install brake chamber type tailgate release
        Manual tailgate push/pull control installed on in-cab center console
        Floor material 1/4” AR450
        8” Western I-beam understructure
        Body is to be 100% continuously welded
        Chain slot bracket to be Banjo type
        Two oval light hole cut-outs in each rear pillar, rear facing
        16” stainless steel grip steps mounted each side of dump body (three total) one above drive
                 tires (on each side), and one at front side of dump body (street side only)
        Heavy-duty mud flaps mounted front and rear of drive tires
        Install 4 stainless steel winches on the side of the dump body
Install Mailhot model G490-4.25-3 DA telescopic hoist including:
        Double acting trunnion mounted hoist
        Dual body props
        Greaseable rear hinge
Install Roll-Rite Tarp system including:
        High torque electric motor with aluminum wind deflector
        Aluminum tarp and tension bow sets
        3 spring externally mounted pivot arm set
        Tarp arms to have 30-degree elbows for loader clearance
        16’ asphalt tarp cover
Install Monroe Model MS4510 Underbody Scraper including the following:
        Moldboard is 10’ long, 1” thick and 20” high

                                                  1



                                                                                                  Page 79 of 262
                               Truck & Trailer Specialties
                                  3286 Hanna Lake Ind. Park Dr.
                                        Dutton, MI. 49316
                               Phone 616-698-8215, Fax 616-698-0972
                                      Quote No. DQO005100
        Cylinders provide a hydraulic lock for holding the moldboard in place while in use. A
        crossover relief valve shall be furnished
        The cylinder rods are 2” in diameter and have a Socatri or Nimet finish
        All scraper cylinders have poly Pak seals
        The cylinders are mounted with 2” pivot pins
        Center pin is piloted into the hanger board
        The hanger brackets are one-piece solid 3/4” plate
        Hinge shaft to have 4 grease points
        Hydraulic stainless-steel tubing for actuating cylinders externally mounted for
                 Maintenance ease
        Cutting edges are 3/4” x 6” curved single bevel, flame hardened
        J-50 relief valve to limit scraper down pressure
        Scraper has Black powder coat finish
        No Serrated step mounted on driver side of scraper
        No grease line manifold kit required
        Scraper down pressure gauge mounted in console
Install 34” Husting-type Front Hitch with roller pins including the following:
        12” structural C-channel front bumper with swept-back ends
        Double acting Socatri or Nimet lift cylinder
        Hitch is bolted to front bumper
        All necessary braces/supports for front plow use
        Remount factory front tow hooks on kicker legs
        Install two chain hooks on top of front bumper, one each side, positioned
                 approximately 6” either side of front hitch
        Front plow power reverse circuit – No cushion valve,
                 Cushion valve is on Muskegon City plow side
        Install two Parker SH3-63 fittings through lower portion of the front bumper for
                 use with City of Muskegon supplied front plow – see picture
        Install plow lights on aluminum bracketry mounted on hood, 74” ground to top of
                 passenger side bracket, 68” ground to top of driver side bracket
Behind the cab Monroe combination fuel, hydraulic tank, with built in valve enclosure:
        Model #00166450
        201 stainless steel construction
        100-gallon fuel oil capacity, 35-gallon hydraulic oil
        Fuel/hydraulic tank/ valve enclosure is 1-piece construction, 7 ga. stainless steel
        Hydraulic valve enclosure built into left side of tank
        Valve enclosure has a weather tight door
        Low oil sensor in hydraulic tank and wired to a red indicator light on the dash
        Top of the tank Zinga return line filter
        Ball valve shut off on case drain and supply ports
        Sight and temperature gauge
        Hydraulic tank will be filled with AW32 hydraulic oil
        Bar grating top step on streetside, extending from front fender to rear of tank
        Install stainless steel J-hook on streetside rear corner of tank
Install Central Hydraulic system including:
        Rexroth 74cc load sensing front-mount piston pump, model A10V074, 5.2 CID

                                                 2



                                                                                                Page 80 of 262
                                Truck & Trailer Specialties
                                   3286 Hanna Lake Ind. Park Dr.
                                         Dutton, MI. 49316
                                Phone 616-698-8215, Fax 616-698-0972
                                       Quote No. DQO005100
        Manual ball-valve shutoff installed at the pump
        Pump to have flange adapters on both the supply and pressure ports
        Drive line will be a Spicer 1310 series, with companion flange for easy removal
        Install Rexroth 7M4-12 valve, manifold design including the following functions:
                 4-way air operated section for Hoist with A port LSR, 34 GPM
                 4-way air operated section for Scraper up/down with A port LSR, 16 GPM
                 4-way air operated section for Scraper swing, 16 GPM
                 4-way air operated section for Front plow up/down, 16 GPM
                 4-way air operated section for Front plow swing, 16 GPM
                 3-way EPC section for conveyor, 15 GPM
                 3-way EPC section for spinner, 8 GPM
        Hydraulic valve mounted inside Combo tank built in stainless-steel valve enclosure
        8-port return manifold
        All high-pressure hose will be Parker type
        Lines to the rear shall be ran with stainless steel piping
        Stainless steel hydraulic quick disconnect at the rear for spreader use
                 Note: Return couplers at rear to be male fittings per Aaron
        Single axis Apsco Air controls installed front to back on custom center console including:
                 Controls to operate side to side, not front to rear:
                         Front handle: Plow - left/right
                                          Plow - down/up
                                          Hoist - down/up (with detent)
                                          Scraper - left/right
                                          Scraper - down/up
                 Note: Apsco control levers to start as close as possible to the front of the console
Install Bosch Rexroth model CS630 spreader controller including the following:
        5.5” organic LED display
        On-screen display of storm and season totals
        3 frequency inputs (ground speed, conveyor, liquid)
                 3rd channel used for cross auger in this application
        3 proportional, current compensated PWM outputs (programmable dither frequency)
                 For spinner, conveyor, and liquid
        2 digital outputs (reverse, air gate, GS12V)
        USB key or password-protected calibration value
        Operating parameters and event data can be retrieved by a USB memory stick
        Automatic nulling and material calibration (with closed loop version only)
        Set up for open loop
        Remote pause blast
        Adjustable blast setting
        Solenoid and cable failure detection
        Firmware upgradable via USB
        Controller mounted on the console between the seats
        Install pause/blast remote switch below Rexroth Sander controller
        Feedback sensor cable run to rear of truck for closed loop operations,


                                                  3



                                                                                                  Page 81 of 262
                                 Truck & Trailer Specialties
                                   3286 Hanna Lake Ind. Park Dr.
                                         Dutton, MI. 49316
                                Phone 616-698-8215, Fax 616-698-0972
                                       Quote No. DQO005100
                 truck side weather pack connector needs to be female
        Note: City uses the 630’s 3 rd channel to control the
                 12-volt operated prewet. No hydraulic valve or plumbing is necessary
Install custom lighting and electrical including the following:
        Front plow lights with turn signals mounted on the hood with aluminum brackets,
                 68” from ground to top of plow light bracket on the driver side
                 74” from ground to top of plow light bracket on the passenger side
        Install City of Muskegon provided strobe and mounting bracket, including:
                 10’ of 1” stainless steel pipe
                 8” of 3/16” x 2” stainless steel flat stock
                 20’ Betts 3-strand wire
                 3-pin weather pack connector
        Two oval light hole cutouts in rear pillars of dump body to house one each side:
                 Top position: SoundOff LED amber/green flashers
                 Bottom position: SoundOff LED stop/turn/taillights
        Four (4) Maxxima LED work lights for underbody scraper, two each side
        Two (2) Maxxima LED work lights mounted below bottom rear sill panel under tailgate
                 for spreader, one each side, these lights are also to be wired to come on with the
                 back-up lights, includes install diodes to prevent feedback
        All marker lights to be SoundOff LED’s, no three-light cluster at rear
        Betts junction box installed at the rear
        Back-up alarm, with weather pack connector for future replacement
        Install electronic brake controller
        Rexroth PWS AMP converter box #R987376706 – required for 12-volt signal needed to
                 operate prewet motor
Chassis supplied upfitter switches to include the following from left to right:
        All chassis supplied upfitter switches to be wired to keyed/ignition power
        All chassis supplied upfitter switches wired to rear junction box
        -Beacon light (Wire so the top strobe/beacon light flashes amber only when turned on)
        -Rear strobe (Wire so when rear strobes are turned on, the top strobe/beacon light will flash
                 amber/green)
        -Spreader light
        -Scraper light
        -Spare
Heavy Duty 3/4” rear hitch plate mounted at rear of truck includes
        Heavy 3/4” hitch plate mounted at rear reinforced with 1/2” heavy flat stock on sides
        Install 6” Channeled ICC style bumper bottom side of hitch plate
        3/4” D-Rings
        No Pintle hitch – City of Muskegon to provide and install at a later date
        Drill 8-10 holes in rear hitch plate (4-5 each side) for future pintle hitch, main holes located
                 so valley of pintle hitch to ground is 22”, with adjustments available above and below
        Install factory provided 7-way trailer plug, right side
        Install green 7-way round trailer plug, left side, wired as follows:
                 Black – strobe
                 White – ground
                 Brown – tail
                 Blue – aux lights in cab switch
                 Yellow – left turn


                                                   4



                                                                                                    Page 82 of 262
                                   Truck & Trailer Specialties
                                     3286 Hanna Lake Ind. Park Dr.
                                           Dutton, MI. 49316
                                  Phone 616-698-8215, Fax 616-698-0972
                                         Quote No. DQO005100
                 Red – not used
                 Green – right turn
        Install OEM taillights outside of rear frame rails
        Couplers for spreader operation to be installed between the hinge and hitch plate
Chassis modifications:
        Relocate the chassis provided air drier from inside of the chassis frame to the
        Outside of the chassis frame so it is accessible
Paint: underside of dump body and hitch area to be painted Black in color
Above Installed Price: $93,882.00 ea.

Option #1 Supply and install Monroe MCV slide in dual auger V-Box spreader including:
         Quote No. DQO005102
         1’ Sloped front with doghouse cutout
         10’ long x 84” wide x 50” tall
         10 ga. 201 stainless steel hopper with 45-degree sides
         10 ga. gussets on 24” centers
         7 ga. long members with 3” channel crossmembers
         7 ga. stainless steel bolt-on tail section, 24” long
         10 ga. bolt-on rear cover for dual auger application
         4 lifting loops
         Bolt-in 7 ga. stainless steel formed auger trough
         Dual auger drive kit
         White hydraulic motors
         Application rate sensor on one motor
         7” O.D. steel step-flighted augers
         Hard surfaced auger flights
         Outer surface of auger flights will have a Rockwell hardness of 55
         2” four-bolt bearings on the idler end
         Grease line kit from front to rear
         Adjustable inverted “V” mounted above augers
         Bolt-on mild steel rod top grates, powder coated black in color
         Structural channel stainless-steel tail gate latch with 1-1/4” pins
         Fabricate and install bolt-on stainless steel front spill shield at the front of the V-box,
                  includes fabricate and install cover for doghouse cutout
         Install rubber spill shield kit on each side of the V-box, includes stainless steel mounting
                  hardware
         Plumb v-box with stainless steel quick couplers for easy removal
Supply uninstalled Monroe bolt-on style stainless steel center spinner assembly including:
         10 ga. 201 stainless steel construction
         Bolt-on upper chute assembly with rubber wiper
         Bolt on lower chute with 20” poly spinner disc
         3.2 CID White motor plumbed with stainless steel quick couplers
Install 12-volt Monroe Pre-Wet System for Above Slide In V-Box spreader including:
         Monroe LDS-333 12-volt prewet system
         3gpm SHURFLO liquid pump
         No flowmeter
         Two 75-gallon poly tanks
         Stainless steel tank mounting brackets w/ straps


                                                      5



                                                                                                        Page 83 of 262
                                 Truck & Trailer Specialties
                                    3286 Hanna Lake Ind. Park Dr.
                                          Dutton, MI. 49316
                                 Phone 616-698-8215, Fax 616-698-0972
                                        Quote No. DQO005100
       Two 1gpm brass nozzles with strainer
       One nozzle installed on each side of the spinner housing
       Nema enclosure with stainless steel hardware
       Cross over hose kit
       Bulk fill kit
       Flusher kit
       Vent kit
       Low fluid level sensor
       Quick-disconnect prewet kit
V-box mounted lighting/electrical to include the following:
       Two (2) 6’ oval SoundOff LED amber/green strobes installed in stainless steel one-hole
                Light boxes to the rear of the V-box, see picture for mounting location
       One (1) Maxxima LED work light for spinner installed to the streetside of the V-box tail section
       Strobes and work lights to be wired to a 7-way plug and to utilize existing truck mounted
                Trailer plug for power source
       All wiring connections for the above lighting to be inside of the light boxes, no junction box
                is needed
       12-volt prewet wiring to have male Weather Pack connector
Above installed Price: $34,945.00 ea.

Lead time: 14-16 Months ARO             (Chassis lead times may affect equipment lead times)
Payment Terms: Net 30
Pricing good for 30 days

Chassis Requirements:
108” Cab to Axle dimension
Minimum 60” After frame
Front crossmember for pump
Front of engine PTO provisions
Front frame Extensions
Stationary grille
Delete front bumper
Front tow hooks
Front plow light wire harness located by hood with switch in cab
24” minimum ground clearance
Temporary Fuel tank mounted left side as far reward as possible
DEF tank mounted under driver’s door behind rear fender
Engine Aftertreatment SCR located under cab passenger side
Vertical stack mounted right hand side back of cab
6-pack switches mounted in cab, minimum of 20 amps per switch
TCM mounted in cab
Dash mounted transmission selector
Trailer brake accommodation package

Thank you for the opportunity to quote
Submitted by: Chad Veenstra/Mike Bouwman


                                                   6



                                                                                                     Page 84 of 262
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: October 22, 2024             Title: Creation of a short-term rental
                                                      ordinance SECOND READING

Submitted by: Mike Franzak, Planning Director         Department: Planning

Brief Summary:
Staff-initiated request to amend Section 2314 of the zoning ordinance to create a short-term rental
ordinance.

Detailed Summary & Background:
The ordinance uses an overlay district approach, splitting the city up into 11 different zones. These
zones match the City of Muskegon census tracts. Census tract information was used to determine the
number of housing units in each zone. Each zone would be allowed up to 4% of the housing units as
short-term rentals. Areas within the Downtown Development Authority and Lakeside Business
Improvement District/Corridor Improvement Authority boundaries would be exempt from the cap on
the number of units. There would be no limit to the amount of short-term rentals in these areas.

Please see the enclosed Short-Term Renal Chart that depicts the number of units and short-term
rentals in each zone. At 4% of the units, Zone 1 would be over the limit by 39 short-term rentals. No
new short-term rentals would be allowed in Zone 1 until the number of short-term rentals dropped
below 34.

The Planning Commission held a public hearing on this request at a special meeting on Thursday,
September 26. The Planning Commission unanimously (5-0, with 4 members absent) voted to
recommend approval of the short-term rental ordinance, with the following conditions:

1. Amend Section 1(c) - exemptions - to also include the Lakeside Corridor Improvement Authority
along with the Lakeside Business Improvement District. Also, to clarify that these districts are exempt
from the caps, but not from registering as a short-term rental.

2. Remove Section 4 that would allow the transferring of licenses.

The City Commission voted on a revised version of the Planning Commission's recommendation at
the October 8 City Commission meeting. The ordinance, as voted by the City Commission on
October 8, is included in the packet.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:


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




                                                                                               Page 85 of 262
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:
I move to approve the request to amend Section 2314 of the zoning ordinance to create a short-
term rental ordinance as presented.

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

Information
Technology
Other Division Heads
Communication
Legal Review             X




                                                                                         Page 86 of 262
Census Tract                           Housing   STR’s   Percentage of   Number of          Total STR’s   Number of      Total STR’s
                                       Units             Units           Additional STR’s   Allowed at    Additional     Allowed at
                                                                         to get to 4%       4%            STR’s to get   3%
                                                                                                          to 3%
1 (Beachwood/Bluffton)                 861       73      8.4%            -39                34            -48            25
2                                      1724      61      3.5%            7                  68            -10            51
(Lakeside/West Glenside)
3                                      1514      27      1.7%            33                 60            18             45
(Nims)
4                                      1758      5       0.002%          65                 70            47             52
(Campbell Field/East Glenside)
5                                      1992      5       0.002%          74                 79            54             59
(Downtown/North Nelson/Jackson Hill)
6                                      643       0       0%              25                 25            19             19
(South Nelson)
7                                      2023      4       0.002%          76                 80            56             60
(Angell/Marsh Field)
8                                      1256      0       0%              50                 50            37             37
(Angell)
9                                      2392      1       0.0004%         94                 95            70             71
(Marquette/East of 31)
10                                     1939      1       0.0005%         76                 77            57             58
(Oakview/Sheldon Park/Oakview)
11                                     346       0       0%              13                 13            10             10
(East Muskegon)




                                                                                                                                Page 87 of 262
        DRAFT
Short-Term Rental Zones




                          Page 88 of 262
                                       City of Muskegon
                                  Muskegon County, Michigan
                                Ordinance Amendment No.

THE CITY OF MUSKEGON HEREBY ORDAINS:

Sec. 2314.      Short-Term Rental Overlay District.

A Short-Term Rental Overlay District is hereby created as outlined in Figure 23-3. Within said
overlay district, a certain number of short-term rentals are licensed in each zone pursuant to City
Code Sections 10-353 through 10-379. The zones were created using census tract information and
will be periodically reviewed to ensure that this ordinance reflects the appropriate balance of short-
term rentals among other use types.

   1. Overlay District:

             a. Location: See Figure 23-3 for the location of the overlay district, which is separated
                into 11 different zones, each allowing their own maximum number of short-term
                rentals.

             b. Number of short-term rentals allowed per zone: A short-term rental must be located
                in a unit designated for residential use. The number of short-term rentals allowed
                in each zone is as follows:

                    Zone 1 – 34
                    Zone 2 – 68
                    Zone 3 – 60
                    Zone 4 – 70
                    Zone 5 – 79
                    Zone 6 – 25
                    Zone 7 – 80
                    Zone 8 – 50
                    Zone 9 – 95
                    Zone 10 – 77
                    Zone 11 – 13

             c. Exemptions: Properties located within the Downtown Development Authority,
                Lakeside Business Improvement District, and Lakeside Corridor Improvement
                Authority boundaries are exempt from the short-term rental caps mentioned in
                Section 1.b. of this Ordinance. There are no maximum number of short-term rentals
                allowed within these areas.




                                                   1
                                                                                                  Page 89 of 262
2. Restrictions:

       a. Neighboring properties: No parcel within the City shall have more than two short-
          term rentals abut its property lines.

3. Issuance of licenses:

       a. All short-term rentals must be issued a short-term rental license to operate within
          the City.

       b. Upon adoption of this Ordinance, all active short-term rental license holders in good
          standing with the City will be allowed to continue to operate their short-term rental
          as long as they continue to renew their short-term rental license.

       c. Remaining licenses: If any licenses are remaining in a zone, applications for short-
          term rental licenses will be taken on a first come, first serve basis.

4. Transferring of licenses:

       a. All short-term rental licenses terminate upon transfer of ownership of the property,
          and may not be assigned or transferred, in whole or in part; provided, however, any
          short-term rental license in effect at the time this Ordinance is adopted is eligible
          for a one-time transfer of ownership to a new owner. For purposes of this
          Ordinance, “transfer of ownership” has the meaning ascribed to it by MCL 211.27a
          or any subsequent sections or statutes of the same import.

       b. All short-term rental licenses issued after the adoption of this Ordinance are non-
          transferable upon transfer of ownership of the property. In such cases, the existing
          short-term rental license is terminated, and a new short-term rental license must be
          obtained by the new owner of the property before short-term rentals may be
          resumed at the property.

5. Expiration of Exemption Granted During Moratorium:

       a. Any short-term rental exemptions issued by the city during the short-term rental
          moratorium period that began on March 12, 2024 will expire and become invalid
          on December 31, 2025 if such exemption is not exercised by that date.




                                            2
                                                                                           Page 90 of 262
This Ordinance Adopted:

Ayes:
Nays:

Adoption Date:
Effective Date:
First Reading:
Second Reading:


                                 CITY OF MUSKEGON

                              By: ______________________________
                                 Ann Marie Meisch, MMC
                                 Clerk, City of Muskegon




                          3
                                                               Page 91 of 262
                                        CERTIFICATE

      The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the             day of                       , 2024 at which meeting a quorum was
present and remained throughout, and that the original of said ordinance is on file in the records
of the City of Muskegon. I further certify that the meeting was conducted, and public notice was
given, pursuant to, and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be, or have been made available as required thereby.

                                                       CITY OF MUSKEGON

Published: _________________, 2024               By:
                                                       Ann Marie Meisch, MCC
                                                       Clerk, City of Muskegon

 Publish:       Notice of Adoption to be published once within ten (10) days of final adoption.




                                                4
                                                                                              Page 92 of 262
                                         CITY OF MUSKEGON
                                        NOTICE OF ADOPTION

TO: ALL PERSONS INTERESTED

       Please take notice that on October ___, 2024 the City Commission of the City of Muskegon
adopted an amendment to Section 2314 “Short-Term Rental Overlay District”, summarized as
follows:

       1. Section 2314 is adopted to create a short-term rental overlay district, whereby a certain
          number of short-term rentals are licensed in each zone pursuant to City Code Sections
          10-353 through 10-379. The zones were created using census tract information and will
          be periodically reviewed to ensure that this ordinance reflects the appropriate balance
          of short-term rentals among other use types.

Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, 49440 during regular business
hours.

       This ordinance amendment is effective ten (10) days from the date of this publication.


                                                              CITY OF MUSKEGON

Published: _________________, 2024                      By:
                                                              Ann Marie Meisch, MCC
                                                              Clerk, City of Muskegon

   ------------------------------------------------------------------------------------------------------------
                PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE




                                                        5
                                                                                                                  Page 93 of 262
                          Agenda Item Review Form
                          Muskegon City Commission
Commission Meeting Date: October 22, 2024              Title: Amendment to the zoning ordinance -
                                                       definition of short-term rental SECOND READING

Submitted by: Mike Franzak, Planning Director          Department: Planning

Brief Summary:
A definition for short-term rental in the zoning ordinance is necessary for the creation of a short-term
rental ordinance.

Detailed Summary & Background:
Proposed definition:
Short-Term Rental - A property in which a tenant is allowed to lease the dwelling unit, without a host,
for periods of less than 28 days but more than 24 hours in return for remuneration. A rental in which
the host resides on premises shall not be considered a short-term rental, but shall still register with the
city.

The Planning Commission unanimously (5-0, with 4 members absent) voted to recommend approval
of the definition of short-term rental.



Goal/Focus Area/Action Item Addressed:

Key Focus Areas:


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:
I move to approve the request to amend Article II of the zoning ordinance to create a definition for
short term rental as proposed.

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




                                                                                                  Page 94 of 262
Information
Technology
Other Division Heads
Communication
Legal Review           X




                           Page 95 of 262
                                         CITY OF MUSKEGON

                                  MUSKEGON COUNTY, MICHIGAN

                                         ORDINANCE NO._____


An ordinance to amend Article II (Definitions) of the zoning ordinance to create a definition for short-term
rental.

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

Short-Term Rental: A property in which a tenant is allowed to lease the dwelling unit, without a host, for
periods of less than 28 days but more than 24 hours in return for remuneration. A rental in which the host
resides on premises shall not be considered a short-term renal, but shall still register with the city.

This ordinance adopted:

Ayes:______________________________________________________________

Nayes:_____________________________________________________________

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                   CITY OF MUSKEGON

                                                   By: _________________________________
                                                          Ann Meisch, MMC, City Clerk




                                                                                                   Page 96 of 262
                                         CERTIFICATE

The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 8th day of October 2024, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.


DATED: ___________________, 2024.            __________________________________________
                                             Ann Meisch, MMC
                                             Clerk, City of Muskegon




Publish:       Notice of Adoption to be published once within ten (10) days of final adoption.




                                                                                               Page 97 of 262
                                               CITY OF MUSKEGON
                                               NOTICE OF ADOPTION

Please take notice that on October 8, 2024, the City Commission of the City of Muskegon adopted an
ordinance to create a zoning ordinance definition for short-term rental.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk
in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.

This ordinance amendment is effective ten days from the date of this publication.


Published ____________________, 2024.                          CITY OF MUSKEGON


                                                               By _________________________________
                                                                        Ann Meisch, MMC
                                                                        City Clerk


---------------------------------------------------------------------------------------------------------------------


PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.


Account No. 101-80400-5354




                                                                                                                        Page 98 of 262
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: October 22, 2024            Title: Additional construction engineering services
                                                     for Adelaide Pointe

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

Brief Summary:
Staff is requesting authorization to approve Contract Amendment No. 1 in the amount of $83,080 with
Eng. Engineering & Surveying for additional construction engineering services related to Adelaide
Pointe.

Detailed Summary & Background:
Eng. Engineering & Surveying was hired by the City to provide construction inspection services and
collect as-constructed documentation on the city's behalf for the infrastructure that is likely to
become public such as watermain, sanitary sewer and roadways, including a sanitary pump station.

Many aspects of this project have been somewhat fluid in nature with multiple changes to the utility
and roadway layout, modifications to the project schedule, multiple underground contractors,
numerous onsite meetings to evaluate conditions, etc. Efforts were also needed to accommodate
developer requests to meet intermediate milestones for events, a restaurant opening, boating
events, etc. All of these factors resulted in additional construction engineering and administration
costs. Eng. has requested this amendment to cover the additional costs associated with their work.
 Staff recommends these additional services be approved, and commends Eng. for their efforts as an
invaluable partner to the City in making sure the public's interests are represented on site during this
crucial project.

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 - Progress toward new and ongoing
economic development projects

Amount Requested:                                    Budgeted Item:
$83,080.00                                            Yes           No       X   N/A

Fund(s) or Account(s):                               Budget Amendment Needed:
Sewer (590) 14%, Water (591) 20% & Local Streets      Yes       X   No           N/A
(203) 66%

Recommended Motion:
To authorize staff to approve Contract Amendment No. 1 in the amount of $83,080 with Eng.


                                                                                             Page 99 of 262
Engineering & Surveying for additional construction engineering services related to Adelaide Pointe.

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

Information
Technology
Other Division Heads
Communication
Legal Review




                                                                                         Page 100 of 262
October 11, 2024


Mr. Dan VanderHeide, PE, Director
Department of Public Works
City of Muskegon
1350 Keating Ave.
Muskegon, MI 49442

               RE:      Contract Amendment No. 1
                        Adelaide Pointe Utility & Roadway Extension
                        Public Improvements

Dear Mr. VanderHeide:

As we discussed, this letter is a request for a contract amendment to include additional plan review,
construction engineering services, and expenses for the referenced project. The additional scope of work
includes additional construction engineering to oversee multiple construction crews throughout the site
working to complete the Adelaide Pointe Utility & Roadway Extension public improvements which are still
on-going.

The effort also involved ongoing plan reviews due to extensive changes to the drawings and specifications
was significant and not originally included within our original proposal. The additional plan reviews also
required the plotting of new construction drawings on countless occasions for our inspectors and City staff
to ensure the correct plans were being utilized by on-site inspectors and personnel during construction.

Our original proposal for construction duration was based upon a sole inspector for an assumed 60-week
construction duration at 50-hours per week which was originally intended for a multi-phased development
approach. The construction inspection, administration, and engineering supervision hours were based upon
these assumptions as requested in the original requests for proposal. The request for contract amendment
is being requested primarily due to the presence of multiple crews from Terra Contractors and Redline
Excavating, including subconsultants, throughout the site working on public improvements simultaneously
necessitating multiple construction observers.

The original construction budget was exceeded during our services through the end of April 2024. Although
the General Contractor is not willing to provide a schedule to completion, based on our best estimates, we
anticipate 10 additional weeks of construction timeframe to complete the remaining public utility and roadway
improvements with the following breakdown of additional fees:

       Plan Reviews, Meetings, & Expenses:             $25,000
       Additional Construction Inspection:             $46,000
       Additional Construction Administration:         $ 7,200
       Additional Engineering Supervision:             $ 4,880

                                       TOTAL:         $83,080.00

The contract amendment, if approved, would adjust our contract amount from $306,250 to $389,330.




                                                                                                  Page 101 of 262
Thank you for your consideration of this request. If you need any additional information or documentation
to support this request, please let us know.

If this request meets with your approval, please sign and date it where indicated below to authorize the
contract amendment and return it to our office.

Sincerely,

Eng., Inc.




Ryan C. McEnhill, PE
President



Proposed Contract Amendment accepted by the City of Muskegon:



Authorized Signature                                 Date



Printed Name                                         Title




                                                                                              Page 102 of 262
                          Agenda Item Review Form
                          Muskegon City Commission
Commission Meeting Date: October 22, 2024             Title: Climate Action Plan contract

Submitted by: Peter Wills, Director of                Department: Manager's Office
Governmental Relations

Brief Summary:
Staff is requesting authorization to enter into a contract with Fresh Coast Climate Solutions to prepare
a Government Operations Climate Action Plan for our organization. The Plan will be used to manage
Greenhouse Gas (GHG) risks and help identify targeted reduction opportunities with the goal of
eliminating the organization’s GHG emissions by 2040.

Detailed Summary & Background:
In April 2023, the City Commission passed a resolution declaring the city’s commitment to
climate action initiatives and to combat the impact of climate change on our community
and planet. The city intends to reduce its organizational GHG emissions through deliberative
budget, policy, and administrative actions.

In February 2024, a Government Operations Greenhouse Gas Inventory was completed.
Results of this Inventory are intended to inform the development of a Climate Action Plan.

Staff received (6) proposals and are recommending the services of Fresh Coast Climate
Solutions based on qualifications of team, scope of work, priced proposal, project
management, and location of the firm. Fresh Coast Climate Solutions has significant
experience conducting these services across the state (Sterling Heights, Ann Arbor, Dearborn,
Flint, Grand Haven), ability to complete the work plan on time, and offers a good value.
Bids received are as follows:

      •   $24,766.50 – GZA Geoenvironmental, Inc.
      •   $49,000 – Fresh Coast Climate Services
      •   $50,000 – Rafteslis
      •   $50,315 – EcoMotion
      •   $52,800 – Blue Strike
      •   $114,400 – Energy Sciences


The City has received approval of a $75,000 Community Energy Management Program grant
through EGLE. These funds will offset the cost of the contract. A budget amendment will be
required to account for both income from the grant and an expense related to the contract.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Action Item 4.5 Investigate options to improve environmental sustainability for projects within the city.



                                                                                             Page 103 of 262
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life

Amount Requested:                                   Budgeted Item:
$49,000                                                Yes         No       X    N/A

Fund(s) or Account(s):                              Budget Amendment Needed:
101-172-801                                            Yes     X   No            N/A

Recommended Motion:
I move to authorize staff to contract with Fresh Coast Climate Solutions in the amount of $49,000 to
prepare a Climate Action Plan for our organization.

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

Information
Technology
Other Division Heads       X
Communication
Legal Review




                                                                                           Page 104 of 262
                                                                       City of Muskegon Bid Tabulation Form
                                                                            Climate Action Plan RFP 2024

           Date – 10/22/24                                                                           Employee – Peter Wills
                             Bidder #1                Bidder #2                         Bidder #3                        Bidder #4                          Bidder #5               Bidder #6
Vendor                       GZA GeoEnvionmental      EcoMotion                         Blue Strike                      Fresh Coast Climate Solutions      Energy Sciences         Raftelis
Address                      Grand Rapids             Glendale, CA                      Monterey, CA                     Ann Arbor                          Berkley, MI             Cincinnati, OH
Phone                        734-779-2425             949-292-7314                      781-439-9366                     734-645-2875                       734-748-5816            704-771-3998
Quoted By                    Rachel Libriani          Ted Flanigan                      Rich Swanson                     Josh Brugeman                      Sue Josifoski           Rocky Craley




Description                  Unit Price       Total   Unit Price                Total   Unit Price               Total   Unit Price                 Total   Unit Price        Total Unit Price       Total
Kickoff Meeting              3219                     10910                             2250                             1750                               20,450                  14,500
Consult Gov Ops GHG Inv      1718                     9720                              2435                             3500                               55,590                  26,500
Dev Gov Ops CAP              19,829                   22885 + 6800 for travel           34115 + 14,000 fixed fees        43750                              38,352                  9000
TOTAL                        $24,766.50               $50,315                           52,800                           49,000                             114,400                 50,000


Staff Scoring Criteria       AVG - 829                AVG - 516                         AVG - 731                        AVG - 819                          AVG - 614               AVG - 425
Results




                                                                                                                                                                                                             Page 105 of 262
Page 106 of 262
DEVELOPMENT OF GOVERNMENT
OPERATIONS CLIMATE ACTION PLAN
Proposal for City of Muskegon:
Consulting Services for Government Operations Climate Action Plan




Submitted by Fresh Coast Climate Solutions

September 30th, 2024




     ````

                                                                    Page 107 of 262
BOLD SOLUTIONS.
TRANSFORMATIVE ACTION.


    September 30, 2024

    City of Muskegon
    c/o – Peter Wills
    933 Terrace St
    Muskegon, MI 49440

    Dear Peter Wills,

    Fresh Coast Climate Solutions is excited to present our proposal to the City of
    Muskegon to offer our services for the creation of a climate action plan aimed at
    enhancing the sustainability of government operations. We will craft a comprehensive
    government operations Climate Action Plan specifically tailored to the City of
    Muskegon’s current efforts and needs. This plan will deliver a strategic roadmap for
    mitigating the City’s impact on climate change and the local environment while reducing
    government operating costs.

    Over the last two decades, Fresh Coast staff have helped communities establish baseline
    greenhouse gas (GHG) inventories, set climate goals, develop climate action plans, and
    implement an extensive range of GHG mitigation programs and solutions. These projects
    included work for the cities of Sterling Heights, Ann Arbor, Dearborn, Flint, Grand
    Haven, Richmond (CA), and Columbia (MO). We have ample experience in using insights
    from greenhouse gas emissions inventories, modeled projections, and knowledge and
    research of best practices, along with staff insight and local needs to create a Climate
    Action Plan that is realistic, bold, and effective.

    With decades of dedicated passion, knowledge, and experience in helping Michigan
    communities and companies progress climate action, Fresh Coast is equipped to develop
    a cutting-edge Climate Action Plan for the City of Muskegon.


    Sincerely,




    Jenny Oorbeck, Co-Founder and Managing Partner
    Fresh Coast Climate Solutions
    joorbeck@freshcoastclimate.com
    734.945.9335




 ✉ info@freshcoastclimate.com   🌏 freshcoastclimate.com    linkedin.com/company/fresh-coast-climate-solutions
                                                                                                  Page 108 of 262
BOLD SOLUTIONS.
TRANSFORMATIVE ACTION.



    INTRODUCTION
    Fresh Coast Climate Solutions works to reverse climate change by helping clients achieve bold,
    equitable, and impactful solutions. The team has decades of expertise coaching a diverse set of
    private, non-governmental organizations, and public sector clients toward smarter and more
    meaningful sustainability practices. Our areas of expertise include climate action planning, GHG
    emissions inventories, lifecycle accounting, energy efficiency, renewable energy, electrification,
    resiliency, water, stakeholder engagement, and decarbonization. Fresh Coast builds and thrives
    on highly collaborative partnerships, excels at getting things done, and leads by example by
    taking care of our employees and the environment.

    Our project team includes multiple members who have worked as local government staff
    developing and implementing climate action plans. We’re passionate about helping local
    governments translate GHG inventories into actionable decarbonization strategies that are
    realistic and improve government operations. In our current work developing the climate action
    plan for Sterling Heights, MI, we’ve held several meetings with key city staff members to
    encourage dialogue and provide opportunities for staff to contribute their expert knowledge and
    insights into the Climate Action Plan throughout the plan’s development. Additionally, our team
    of technical experts is well-positioned to ensure accuracy of baseline GHG emissions inventories,
    to model expected changes in business-as-usual GHG emissions, and to detail strategies and
    actions to reduce GHG emissions within our clients’ desired timelines.

    Fresh Coast has ample experience in developing climate action plans for cities similar to the City
    of Muskegon, including the climate action plan we are currently developing for the City of
    Sterling Heights, MI. Our work has resulted in the following outcomes:

        •   Complete community-wide and local government operations climate action plans
        •   Consistent and open stakeholder engagement
        •   Established GHG reduction targets
        •   Completed implementation roadmaps with estimated timelines, costs, and impacts
        •   Developed standard operating procedures for municipal and community GHG inventories
        •   Modeled GHG emissions projections and reduction strategy impacts
        •   Developed and tracked key performance indicators for climate action plans
        •   Researched best practices in community climate action planning
        •   Developed policies to implement climate action plans




 ✉ info@freshcoastclimate.com       🌏 freshcoastclimate.com        linkedin.com/company/fresh-coast-climate-solutions
                                                                                                          Page 109 of 262
BOLD SOLUTIONS.
TRANSFORMATIVE ACTION.



    SCOPE OF WORK
    TASK 1: KICK OFF MEETING WITH CITY STAFF AND CONSULTANT
    A kickoff meeting with city staff and the project team consultants will be held as early in the
    project as possible to establish a plan and timeline for the project. Fresh Coast will come to the
    kick-off meeting prepared with a detailed plan and timeline for completing the scope of work.

    Included in this project plan will be a high-level structure of proposed contents of the climate
    action plan and a timeline for engagement plan development milestones. These milestones will
    include the development of plan goals, strategies, actions, key performance indicators, and an
    implementation plan; the completion of a draft for the plan; a review process of the plan’s draft;
    and a target completion date for the climate action plan. The plan’s phases and milestones will be
    presented in a Gantt chart from Monday.com, which will be used as the project management
    platform.

    This kick-off meeting will also include opportunities for staff to provide input and inform
    consultants of priorities for the development of the plan. Further, staff will have the opportunity
    to ask questions and share any concerns they might have regarding the development of a climate
    action plan. The consultants will provide opportunities for follow-up one-on-one meetings with
    staff or other stakeholders who would like more time to provide input outside of the kick-off
    meeting.

    The project team proposes meeting in-person but virtual or hybrid sessions are an option as well.

    TASK 2: CONSULT GOVERNMENT OPERATIONS GREENHOUSE GAS
    INVENTORY
    Task 2.1: GHG Emissions Inventory Quality Assurance Review
    Fresh Coast will start with reviewing GHG emissions inventories for quality assurance and to
    inform climate action planning. Accuracy of GHG emissions inventories that inform climate
    action planning is of utmost importance. Fresh Coast staff have ample experience reviewing and
    conducting GHG emissions inventories for local government operations, and therefore are well
    positioned to assess accuracy of the GHG inventory informing Muskegon’s climate action plan.

    Task 2.2: Analysis of GHG Emissions Inventory
    As a second step, Fresh Coast will analyze the completed government operations GHG inventory
    and identify key contributing sectors and major sources of GHG emissions within sectors. The
    sectors and sources of emissions will be listed in ranking of contributions to the City’s
    operational GHG emissions to aid in developing the climate action plan and understanding how
    to prioritize actions for the fastest and steepest reductions in emissions. Fresh Coast will review
    emissions sources, data gathered, quantified GHG emissions sources and recommended actions.



    TASK 3: DEVELOP GOVERNMENT OPERATIONS CLIMATE
    ACTION PLAN
    Task 3.1: Identify Goals and GHG Reduction Targets for Government Operations




 ✉ info@freshcoastclimate.com       🌏 freshcoastclimate.com        linkedin.com/company/fresh-coast-climate-solutions
                                                                                                          Page 110 of 262
BOLD SOLUTIONS.
TRANSFORMATIVE ACTION.


    Fresh Coast will develop goals to be used in the Government Operations Climate Action Plan
    based on the analysis in task 2.2. Targets will be set in communication with the City of
    Muskegon’s internal project team.

    Interim and final goals for the City of Muskegon will be developed on three levels: 1) total
    government operations’ emissions, 2) emissions by sector, and 3) emissions by sources within
    sectors. The goals and reduction targets for individual sectors and sources will be made in
    proportion to the baseline GHG emissions and will map out how the City will reduce emissions to
    reach their overall reduction goal of carbon neutral by 2040. Interim goals and targets will be
    developed in communication with City staff. For example, a specific goal will be developed for
    reducing emissions from buildings and facilities by milestone dates (e.g., 2030 and 2040). For
    each goal, annual targets will be specified that would lead to the successful achievement of the
    goals. The annual targets will help clarify the City’s progress toward reaching interim and final
    goals.

    Sector and source-specific goals will be developed for the City of Muskegon’s operations based
    on the baseline potential for emissions reductions. Fresh Coast will utilize its technical expertise
    and knowledge from City staff to estimate the potential for reductions by sector and source.
    Strategies with corresponding emissions reduction targets will then be developed to achieve the
    outlined goals. For example, goals will be developed for reducing emissions from natural gas and
    from electricity in City buildings and facilities. If the City-owned building stock shows a high
    potential for energy efficiency improvements, goals and strategies for the building and facility
    sector will be made accordingly. If the building stock is already highly efficient, goals and
    strategies may move toward electrification of buildings, and/or focus more immediate priority on
    addressing other sectors. In conclusion, Fresh Coast will develop interconnected goals, targets,
    and strategies for the Climate Action Plan to be highly specific to the City of Muskegon,
    efficiently prioritized, and realistic to achieve.

    Task 3.2: Identify and Prioritize Existing and Potential Initiatives
    Fresh Coast will work with City staff to fully understand existing and planned initiatives that will
    have an impact on emissions from government operations. Fresh Coast will then quantify the
    expected impact of those initiatives on emissions from the baseline year through 2040 and will
    confer with staff to understand any existing initiatives that should be prioritized for revision.

    Second, Fresh Coast will conduct a thorough review of government operations climate action
    plans in Michigan, the Midwest, and in cities with a similar size and structure as the City of
    Muskegon. Potential strategies and initiatives will be collected organized by sector and source.
    Any information on strategies’ expected impact will be tracked.

    Third, potential strategies and initiatives will be reviewed for their fit in the City of Muskegon.
    The Fresh Coast technical team will work with City staff to understand the structure of each
    sector’s operations and which strategies and initiatives are feasible and best fit to efficiently
    reduce emissions. Fresh Coast will then organize and apply the chosen strategies/initiatives by
    sector and source to define pathways to the emissions reduction goals.

    Lastly, Fresh Coast will create thoroughly detailed implementation plans for reducing emissions
    from City-owned property and vehicles located throughout the City. Using the baseline




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    emissions from buildings and vehicles and working with City staff to understand baseline City-
    owned building and vehicle stock, Fresh Coast will provide roadmaps for reducing emissions to
    net-zero.

    Buildings
    Fresh Coast will provide recommended policies and an implementation schedule for reducing
    emissions from buildings to net zero. First, Fresh Coast will outline free and low-cost programs
    that the City of Muskegon can participate in to improve municipal building efficiency, such as
    complimentary energy audits, and municipal building benchmarking through Portfolio Manager
    by Energy Star. Many programs are available for local governments to learn how to improve
    building efficiency and track improvements to show how operational costs are reduced through
    efficiency improvements.

    Following the utilization of complimentary and low-cost programs will be a plan reduce energy
    consumption from buildings and increase the supply of renewable energy to reach building GHG
    emissions reduction goals. Benchmarking data would be utilized to prioritize building
    performance improvements based on likely efficiency improvability of buildings. Fresh Coast will
    also detail a plan for electrification of municipal buildings and sourcing renewable energy for
    electricity on a schedule that will align with emissions reduction goals.

    Vehicle Fleet
    Fresh Coast will analyze the existing vehicle fleet to inform recommendations for a fleet
    electrification policy, which will provide a schedule and standard for replacing internal
    combustion engine vehicles in the City’s fleet with electric and/or hybrid vehicles in a time frame
    aligned with emissions reduction goals. General steps and timelines for developing and
    implementing a fleet electrification policy will be provided as part of the climate action plan. The
    current infrastructure for supporting electric vehicles in the City of Muskegon will be taken into
    consideration for inclusion in the climate action plan.

    Right-sizing of the vehicle fleet and anti-idling strategies will also be included in the initiatives to
    reduce emissions from City vehicles.

    Waste
    Fresh Coast will work to understand current resource use and the efficacy of current landfill
    diversion strategies. Recommendations will be made to improve recycling, waste diversion, and
    resource stewardship efforts as appropriate for the City of Muskegon.

    Task 3.3: Initiatives Implementation Plan
    The strategies and initiatives chosen in task 3.2 will be written into an initiative implementation
    plan to be used in the Government Operations Climate Action Plan. The initiative’s
    implementation plan will be organized by sector, source, and level of priority. Each individual
    initiative will be given a unique identifier code (e.g. B 1.1) with the letters representing the sector
    and numbers representing the strategies/actions in order of priority. Baseline data and GHG
    emissions reductions for the implementation plan will be presented in two ways:

        1. Emissions reductions by strategy, sector, and year
        2. Emissions remaining by year and sector, organized by impact of strategies




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    Task 3.4: Establish Metrics
    Fresh Coast will establish three categories of metrics. The first category will measure progress
    towards overall, sector-level, and source-level emissions reduction goals (e.g. emissions from the
    City’s vehicle fleet). The second category will establish key performance indicators (KPIs) for
    each specific strategy/action in the Government Operations Plan to measure successful
    implementation of the strategies (e.g. the percentage of City-owned vehicles that are electric or
    hybrid). Finally, the third category of metrics will establish measurements for benefits of the
    implementation of the climate action plan (annual cost reduction for fueling vehicle fleet).

    Task 3.5: Draft Government Operations Climate Action Plan and Facilitate Review and
    Comment from City Staff
    Fresh Coast will draft a full Government Operations Climate Action Plan that organizes initiatives
    by sector and strategy, and details goals, targets, and emissions reduction pathways developed
    for the plan. This draft plan will be presented electronically to City staff and the City Commission
    with a minimum of three weeks to review and comment. If desired, Fresh Coast will attend a City
    Commission meeting to present the draft plan if desired and will incorporate feedback to finalize
    the plan.

    Task 3.6: Finalize Government Operations Climate Action Plan Incorporating City Commission
    Comments and Submit to City Commission for Approval
    Fresh Coast staff will work collaboratively to incorporate feedback from city staff and
    commission members to produce a final Government Operations Climate Action Plan. The
    changes to the plan will be documented so that staff and commissioners can clearly see how
    feedback was incorporated. The finalized plan will be provided electronically and submitted to
    the city commission for approval.

    Assumptions
       • To complete the Climate Action Plan in the time frame outlined in this proposal, Fresh
          Coast will need to receive requested information in a timely manner.

    Deliverables
       • Baseline assessments completed and analyzed
       • Goals and GHG reduction targets identified for government operations
       • Existing and potential initiatives identified and prioritized
       • Initiatives implementation plan
       • Metrics established
       • Draft Government Operations Climate Action Plan for city staff review and comment
       • Final Government Operations Climate Action Plan incorporating stakeholder comments




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    TIMELINE
                                Muskegon Local Government Operations Climate Action Plan Timeline
     Phase and Task                                          Month 1   Month 2     Month 3      Month 4    Month 5   Month 6
     Task 1: Kick Off Meeting
     Task
     Task 2:
          3: Consult
             DevelopLGO GHG Inventory
                     Government Operations Climate Action
     Plan

    PROPOSED BUDGET
                           Muskegon Local Government Operations Climate Action Plan Budget
     Task                                 Team Members         Estimated Hours       Billing Rate         Cost Not to Exceed
                                       Jenny Oorbeck, Becca
     Task 1: Kick Off Meeting          Elder, Matthew Paper  5-10                     $175/hr             $1,750
                                       Jenny Oorbeck, Nick
                                       Kemp, Becca Elder,
     Task 2: Consult LGO GHG Inventory Matthew Paper         15-20                    $175/hr             $3,500
                                       Jenny Oorbeck, Nick
                                       Kemp, Becca Elder,
     Task 3: Develop Government        Matthew Paper, Rachel
     Operations Climate Action Plan    Cushard               200-250                  $175/hr             $43,750
     Total                                                                                                $49,000



    PROJECT MANAGEMENT/COMMUNICATION
    The Project Team has purposefully built a foundation to ensure project feasibility and success.
    This includes the following:

         •    Ongoing Communication – The Project Team will utilize the combination of regular
              meeting cadence to touch base combined with technologies solutions to manage the
              project. Fresh Coast maintains open lines of communication with all clients and prides
              itself on flexibility.
         •    Comprehensive Project Management Experience + Tools – The Project Team has a
              seasoned track record of managing large, comprehensive projects – including technical
              analyses and multi-stakeholder interactions – successfully. The Project Team will utilize
              this extensive experience to apply the same rigor and management tools, including the
              use of technology for efficient management and completion of the project.
         •    Realistic Timing – An approach to proper cadence of tasks, management of critical paths
              and allowances for timing has been applied to the Gantt chart included.
         •    Practical Approach – The Scope of Work outlined above is both practical and technically
              sound.
         •    Expert Project Team – The Project Team consists of subject matter experts with decades
              of industry experience in climate action planning, greenhouse gas emissions, and
              decarbonization work.




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    QUALIFICATIONS & REFERENCES
    SIMILAR PROJECTS AND SELECT REFERENCES
    Local Government Operations and Community-Wide Climate Action Plan Development
    Fresh Coast is developing the local government operations and community-wide climate action
    plan for the City of Sterling Heights, Michigan. This project kicked off in May of 2024 and will be
    complete by the end of 2024. Throughout the development of this Climate Action Plan, a strong
    emphasis has been placed on reviewing existing policies and plans and drawing from staff
    knowledge and expertise to create a plan that City staff will be energized to implement. Fresh
    Coast has held five stakeholder engagement meetings, including two workshops with city staff,
    two meetings with the city’s Sustainability Commission, and one in person public workshop with
    engaging activities and opportunities to gain input from residents.

    The climate action plan builds upon the GHG emissions inventories that were recently
    completed. Fresh Coast utilized ClearPath by ICLEI to make necessary updates to the GHG
    inventory that informed the Climate Action Plans, built a business-as-usual forecast, and
    modeled the plan’s strategies to show how they will reach net zero GHG emissions.

    A strong focus in the Climate Action Plan’s development has been providing education on
    various decarbonization and climate action topics, communicating ideas through infographics,
    and highlighting the positive co-benefits that will result from the implementation of the Climate
    Action Plan.

            Reference: Alexis Richards
            Role: Planner II, City of Sterling Heights
            Email: arichards@sterlingheights.gov
            Phone: (586) 446-2386

    Municipal Building Decarbonization Roadmap and GHG Inventory
    In June of 2024, Fresh Coast worked with the City of Flint, MI to develop a roadmap for
    decarbonizing municipal buildings. Fresh Coast worked closely with staff to understand needs,
    limitations, goals, and priorities for their building decarbonization journey. An eight-part
    decarbonization strategy was developed for the City of Flint with both short- and long-term
    actions to achieve net zero municipal buildings. Emphasis was placed on free, easy to implement
    strategies that reduce energy costs while improving the comfort and health of municipal
    buildings. City staff were provided with detailed guidance to take next steps after project close-
    out, as well as connections to free resources and programs to help them on their journey.

    As a second scope of work, Fresh Coast completed an analysis of Flint’s municipal building
    energy efficiency performance and provided baseline GHG emissions for the municipal building
    portfolio. This included benchmarking Flint’s municipal buildings in Portfolio Manager by
    ENERGY STAR, establishing key performance indicators for building performance, and estimating
    costs and paybacks of energy efficiency improvements.

            Reference: Faith Groesbeck
            Role: Public Health Manager, City of Flint




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            Email: fgroesbeck@cityofflint.com
            Phone: (810) 410-7250

    Municipal Greenhouse Gas Inventory and Climate Action Planning
    Fresh Coast completed the City of Columbia, Missouri’s 2023 community-wide and local
    government operations GHG inventories and produced a report detailing the results of the
    inventories. In a previous role as a Sustainability Analyst for the City of Columbia, Missouri, Fresh
    Coast staff member Becca Elder developed a standard operating procedure for and conducted
    the City’s local government operations GHG emissions inventory for three consecutive inventory
    years (2020, 2021, and 2022). Becca also implemented the Municipal Benchmarking Policy and
    worked collaboratively with City staff in the development of the Fleet Electrification Policy and
    tracked all key performance indicators for the government operation’s metrics of the Climate
    Action and Adaptation Plan. Furthermore, Rebecca developed extensive knowledge of emissions
    modeling through developing an emissions forecast and wedge for the City of Columbia’s
    Climate Action and Adaptation Plan between 2015 and 2050.

            Reference: Eric Hempel
            Role: Sustainability Manager, City of Columbia
            Email: eric.hempel@como.gov
            Phone: (573) 874-2489

    Municipal Sustainability and Climate Services
    Over the last two decades, Fresh Coast’s Jenny Oorbeck, Joshua Brugeman, and Nick Kemp
    have guided over a dozen U.S. communities to act on climate change. This work includes
    establishing baseline greenhouse gas inventories, modeling emissions projections and reduction
    strategy targets, setting climate goals and targets, developing climate action roadmaps and plans,
    and implementing a range of impactful GHG mitigation programs and solutions. Fresh Coast staff
    have provided these services for the cities of Ann Arbor, Dearborn, Flint, Grand Haven,
    Richmond (CA), and Columbia (MO).

            Reference: David Norwood
            Current Role: Municipal Services Deputy Director, Canton Township
            Previous Role: Sustainability Director, Dearborn
            Email: David.Norwood@cantonmi.gov
            Phone: (734) 394-5116


    MI Climate Wise Business Program
    Through the Centrepolis Accelerator, Fresh Coast Climate Solutions operates a program
    providing technical assistance to small and mid-sized businesses. The program allows Fresh
    Coast to help companies with a) developing climate goals, b) establishing a GHG baseline or
    impact analysis, c) designing an ESG framework, d) developing an electrification plan and, e)
    advising on circularity solutions. The program is funding by the ERB Foundation, and the Fresh
    Coast team operates the program on behalf of Centrepolis.

            Reference: Centrepolis Accelerator
            Name: Dan Radomski




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            Position: CEO
            Cell Phone: (248) 721-3192
            Email: dradomski@ltu.edu



    PROJECT TEAM
    In order to provide the City of Muskegon with the most robust project team and expertise, Fresh
    Coast is deploying five of its staff members to ensure project success. To stay within the ten-
    page maximum for this section, we have included only staff bios, and have included resumes as
    part of the appendix.

    JENNY OORBECK | CO-FOUNDER AND MANAGING PARTNER
    Jenny Oorbeck is Co-Founder and Managing Partner of Fresh Coast Climate Solutions, a
    sustainability consulting firm focused on helping a broad range of clients implement
    transformative climate solutions with the bold ambition to reverse climate change. Prior to this,
    Jenny successfully launched and established sustainability business lines for global businesses
    including NSF International and SCS Consulting Services, a new entity within SCS Global
    Services.
    Jenny’s 20+ year environmental career has encompassed creating cutting-edge sustainability
    programs for a wide range of clients including startups to fortune 500 companies, governmental
    agencies, and nonprofit organizations. Examples include, but are not limited to, drafting one of
    the country’s first municipal greenhouse gas emissions (GHG) emissions inventories and action
    plans, rolling out pilot commercial waste reduction programs, developing revolving energy funds
    for economically depressed cities, launching innovative sustainable textile and regenerative
    agriculture pilot programs with private sector clients, and evaluating the viability of new-to-
    market carbon credit project and programs.
    Jenny holds a bachelor's degree in sociology from Mills College and a master's degree in
    environmental policy from the University of Michigan School of Natural Resources and
    Environment.

    NICK KEMP | TECHNICAL DIRECTOR
    Nick Kemp is Technical Director of Fresh Coast Climate Solutions. Prior to joining this startup
    with Jenny Oorbeck and Joshua Brugeman, Nick led the technical team at SCS Consulting
    Services with a focus on GHG emissions inventories, GHG reduction goals (carbon neutrality and
    science-based targets) and strategies, as well as product sustainability, and ESG strategy
    development.
    Nick’s career includes work as a research specialist at the University of Michigan where he
    focused on quantifying the life cycle environmental impact of emerging technologies and was an
    integral contributor to the President’s Commission for Carbon Neutrality. He has extensive
    experience in manufacturing through his years as a production engineer at Dow Chemical and
    time as a process design engineer for Becton Dickinson.
    He emphasizes progress through collaboration, recognizing the knowledge and skill that all team
    members hold and the importance of inclusion to effective and long-lasting solutions. Whether
    it’s tackling wicked problems or a long day in the mountains, Nick enjoys the challenge and
    reward that comes with persevering through complex engagements.




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    Nick holds a bachelor's degree in chemical engineering from the University of Michigan and a
    master's degree in sustainable systems from the University of Michigan School for Environment
    and Sustainability.

    BECCA ELDER | SENIOR TECHNICAL ANALYST
    Becca Elder is the Senior Technical Analyst at Fresh Coast Climate Solutions. Becca is passionate
    about harnessing the power of data to tell compelling stories and generate valuable insights that
    fuel bold and effective climate action. Prior to joining Fresh Coast, Becca was the Sustainability
    Analyst for the City of Columbia, Missouri, where she spearheaded efforts to track and evaluate
    progress on the City’s climate action plan. Her role involved conducting community-wide and
    municipal greenhouse gas inventories, analyzing emissions trends, and modeling the potential
    impacts of strategies in the climate action plan.

    One of Becca’s significant achievements during her time with the City of Columbia was the
    implementation of the municipal benchmarking policy, which involved assessing energy
    performance of all municipal buildings and identifying optimal investments to reduce energy
    costs and emissions. In alignment with her passion for making data accessible and impactful,
    Becca built user-friendly dashboards for the public to explore climate action data, along with an
    internal benchmarking dashboard to empower City staff to make well-informed energy efficiency
    investments.

    Becca holds a Master of Public Affairs (MPA) from the Truman School of Public Affairs,
    University of Missouri, where she received an AmeriCorps Fellowship and served as a Graduate
    Research Assistant. Prior to her MPA, Becca earned a Bachelor of Science in Environmental
    Studies/Interdisciplinary Studies from Truman State University. During her undergraduate career
    at Truman State, Becca founded the Truman State University Sustainability Office, where she
    continued to work post-graduation to develop programming.

    MATTHEW PAPER | TECHNICAL ANALYST
    Matthew Paper is a Technical Analyst for Biodiversity and Water at Fresh Coast Climate
    Solutions. Prior to joining, Matthew performed goal-based ecological research throughout
    southern Africa as a junior researcher and implementation officer for the Centre for Biological
    Control, Rhodes University. He has experience working with international research groups from
    across the world, with a focus on ecosystem modelling and restoration. Having worked
    extensively in South Africa, the need to improve ecosystem health in the country’s threatened
    and economically valuable freshwater systems drove his leading and participating in the
    development of stakeholder engagement programs focusing on local governments, international
    parties, and private stakeholders to improve the ecosystem resilience through sustainable and
    ecologically friendly methodologies. Matthew is experienced in ecological modelling and field
    and laboratory-based experimentation, terrestrial and aquatic survey methodologies, geospatial
    mapping, and stakeholder engagement programs. Matthew holds a MSc by research on the
    ecological impacts of climate change on freshwater ecosystems’ structure and function from
    Rhodes University. He offers a strong scientific perspective on ecological issues and
    sustainability practices, as well as a unique perspective on social responsibility having grown up
    in the culturally diverse setting of South Africa.

    RACHEL CUSHARD




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    Rachel Cushard is an Intern at Fresh Coast Climate Solutions and an undergraduate student at
    the University of Michigan. She is majoring in Environmental Science and Psychology, with a
    minor in Sustainability. As a Vice President of the Erb Sustainability Institute Undergraduate
    Fellowship and a member of the Graham Sustainability Scholars Program, she is passionate about
    working collaboratively to innovate change.

    Before joining Fresh Coast, Rachel interned for the City of Sterling Heights, Michigan within the
    Office of Planning. She facilitated interactive workshops and created materials for hands-on
    activities to engage the community and gain local input for their premier Climate Action Plan,
    which she will continue to draft as a member of Fresh Coast. She also assembled resources for
    an urban forestry grant application to strategically improve the city’s tree canopy and conducted
    data capture of water and energy usage by municipal facilities.

    Rachel has prior experience consulting for a sustainable clothing startup, researching the
    synthetic materials manufacturing processes to incorporate a powdered filament derived from
    invasive Zebra Mussel shells in the Great Lakes. As winner of the 2023 Stellantis Student
    Achievement Award for her research on decarbonizing mobility in the automotive industry, she
    has experience finding novel solutions. Rachel brings a creative perspective to the team, and she
    is committed to driving impactful change at the intersection of sustainability and business.


    APPENDIX
        1. Public Sector GHG Services Flyer
        2. Case Studies
        3. Resumes




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                           Better for Communities, Better for the Planet.



   A Trusted Partner in Public Sector
   Sustainability
If your city needs support in completing
community wide or local government
greenhouse gas (GHG) inventories, GHG
forecasting or strategy reduction modeling, or
support in tracking progress toward emissions
reduction goals, our team of technical experts
can help. We’ll manage the process from start
to finish and provide you with the tools and
resources you need to understand your GHG
emissions baseline, set emissions reduction
targets, and develop strategies to accelerate
your city’s journey to net zero.


                                                                 Water &
   What you can expect                                         Wastewater:
                                                                    2%     Fugitive
   from Fresh Coast:                                                      Emissions:
                                                             Waste:          1%
                                                              3%
   Reliable results: Our work is research-
   backed, reputable, and repeatable. We use
   recognized standards and methodologies
   for every step.
                                                    Transportation:
                                                         21%
   Detailed and insightful deliverables: You will                                    Commercial
                                                                                       Energy:
   receive comprehensive deliverables with
                                                                                        35%
   insights you need to understand results and
   communicate with the public.

   We lead the process: We identify data
   needs, source required data, and find            Industrial
   solutions to any and all roadblocks along the     Energy:
                                                       14%
   way.
                                                                       Residential
                                                                         Energy
   A trusted partner: You will work with a                                24%
   dedicated team of experts who will walk
   you through every step of the process.

                                                                                       Page 120 of 262
 Fresh Coast Climate                         We provide a wide range of technical
 Solutions’ technical                        assistance for public sector clients working to
 team has decades of
                                             measure and improve sustainability. Our team
 experience
                                             is well-versed in conducting inventories in
 formulating climate
                                             compliance with the U.S. Community Protocol,
 action plans and
 conducting detailed                         the GHG Protocol, and other internationally
 greenhouse gas                              recognized standards. Whatever your needs
 (GHG) inventories for                       may be, rest assured, we have the expertise to
 public sector clients.                      meet them.



Simplified,                                                        Streetlights
                                                                 & Traffic Signals
understandable
inventory results.                                                                        Vehicle Fleet
                                            Electric Power
                                             Production                         Transit
                                                                                 Fleet


                Solid Waste
                 Facilities                                                                  Employee
                                                                   Buildings
                                                                                             Commute
                                                                       &
                                                                   Facilities
                                                      Fugitive
                                    Water &          Emissions
                                    Wastewater
                                    Facilities

 Business as Usual

 Building Efficiency
  & Electrification
                              Carbon reduction                               Contact our team
                              strategies:                                   today to get started
                                                                             on your journey to
Onsite Renewables             pathway to net                                           net zero.
                              zero communities.
                              We help communities                         info@freshcoastclimate.com
  Decarbonized                translate GHG inventories into              www.freshcoastclimate.com
  Electricity Grid
                              actionable decarbonization
                              strategies.

 Low Carbon & Non-
     Net Zero
  Motorized Travel

 Waste Reduction

  Carbon Credits

     Net Zero
                                                                                          Page 121 of 262
COMMUNITY CLIMATE                                                                                                               1



PLANNING +
IMPLEMENTATION
MULTIPLE U.S. COMMUNITIES

Guiding U.S. Communities to Act
on Climate Change
Fresh Coast partners have helped multiple
U.S. communities over the last two decades
establish baseline greenhouse gas (GHG)
inventories, set climate goals and targets,
develop climate action roadmaps, and/or
implement a range of impactful GHG
mitigation programs and solutions.
Sample communities supported include:         KEY OUTCOMES
• 8 economically depressed Michigan           •   Deep understanding of current community baseline emissions amounts
   communities                                    and sources
                                              •   Engaged community to help inform climate action plan development
• City of Ann Arbor, MI
                                              •   Established GHG reduction targets
• City of Dearborn, MI
                                              •   Completed implementation roadmaps with estimated timelines, costs,
• City of Richmond, CA                            and impacts
• City of Columbia, MO                        •   Reduced GHG emissions
• City of Sterling Heights, MI




                                                                                                              Page 122 of 262
PUBLIC SECTOR                                                                                                                            2



GREENHOUSE GAS
INVENTORIES
COLUMBIA, MISSOURI

Measuring and Understanding
Community GHG Emissions
Fresh Coast conducted two greenhouse gas
GHG emissions inventories for the City of
Columbia, Missouri:
1. Community-wide GHG inventory
                                            Image from Columbia Regional Business Report

2. Municipal operations GHG inventory
Fresh Coast managed the entire inventory             KEY OUTCOMES
process, from making data requests to                •         Completed 2023 community-wide GHG emissions inventory
detailing inventory results in a written             •         Completed 2023 municipal operations GHG emissions inventory
report and an interactive Power BI                   •         Entries of both inventories into ClearPath software
dashboard. Results were analyzed against
                                                     •         Report delivered with detailed insights on main drivers in GHG
baseline and previous inventory years to                       emissions changes
detail the main drivers in GHG emissions
                                                     •         Power BI dashboard created with inventory results and GHG
changes by sector and source.                                  emissions reduction targets




                                                                                                                       Page 123 of 262
                                                                                                                           3

CLIMATE LIFE-CYCLE
IMPACT ANALYSIS
JUST CLIMATE


Fresh Coast Serves as a Trusted
Climate and LCA Advisor on Global
High-Impact Climate Projects
Fresh Coast Climate Solutions provides
ongoing technical climate expertise to Just
Climate, a climate-led investment business
launched by Generation Investment
Management.
Fresh Coast determines the anticipated life-
cycle GHG impacts from scaling a climate-
focused technology and/or process              KEY OUTCOMES
compared to the standard business as usual
solution. Our work informs our client’s        •   Completed comparative climate life-cycle impact analyses
investment decisions and provides              •   Developed excel based life-cycle models
assurance projects they invest in will
mitigate and/or remove climate emissions as    •   Independent third-party data validation and due diligence with
anticipated. Example projects evaluated            a statement of assurance
include green steel, biochar, motors,          •   Investment prioritization and risk mitigation
batteries, EV chargers, and nature positive
solutions.




                                                                                                         Page 124 of 262
NATURE BASED                                                                                                                 4


STRATEGIES
DEVELOPMENT
SANCTUARY FARMS

DEVELOPED NATURE-BASED SOLUTIONS
FOR WASTEWATER MANAGEMENT


Fresh Coast worked with Sanctuary Farms;
an SME based in Metro Detroit to develop
nature-based solution to their urban farming
and compost operations, with a focus on
ecologically minded approach.
Sanctuary Farms needed a partner to
support their goals of incorporating nature-
based solutions in their innovative and        KEY OUTCOMES
community supporting urban farming and         •   Nature-based wastewater management strategies development and
composting operation. We developed                 implementation guide with a focus on species water remediation
ecologically minded wastewater strategies          efficacy and historical occurrence
that align with city requirements and best
                                               •   Site species inventory and species recommendation based on habitat
practice to support native species                 redevelopment within an urban setting
establishment and effective management
practices for their wastewater needs.          •   Site hydrological stormwater assessment
                                               •   Soil analysis and soil health restoration recommendations




                                                                                                           Page 125 of 262
                                                                                                                         5


WATER QUALITY
SOLUTIONS PROVIDER

CDP WATER GAP ANALYSIS
Fresh Coast Conducted a Gap Analysis To
Support CDP Water Disclosure

Fresh Coast provided technical support to a
confidential client to conduct a gap analysis
comparing existing water stewardship
information against CDP Water disclosure
requirements. Water-related data from
multiple sources including the Corporate        KEY OUTCOMES
Sustainability Report, WAVE Verification
package, and AWS Standard supporting            •   Understanding water-related risks and opportunities
materials. The analysis included estimated
scoring and a summary of subject areas          •   Evaluated water use data and providing data driven strategy
requiring supporting efforts to improve         •   Benchmarked water use in manufacturing process and products
scoring.
                                                •   Recognized corporate-wide water use actions
                                                •   Estimated disclosure scores per section as guidance for next
                                                    steps




                                                                                                       Page 126 of 262
                                                                                                                        6

PROGRAM
MANANGEMENT
NEXTCYCLE MICHIGAN


Circular Economy Program Spurs
Economic Growth In Michigan
NextCycle MI aims to divert waste streams
in MI and grow the circular economy
through a technology accelerator.
NextCycle MI provides typical start-up
bootcamp support, facilitates connections
with investors and industry partners, and
funds projects that deploy new solutions
and technologies while tackling waste
streams.                                    KEY OUTCOMES
Fresh Coast is a project partner and        •   Strategic partnerships formed between companies and project
provides program management support,            participants
start-up coaching, and industry             •   Investment attracted to companies and Michigan
matchmaking services.
                                            •   Technical assistance provided to companies
                                            •   Start-up and business coaching provided to participants




                                                                                                      Page 127 of 262
                                                                                                                            7

SUSTAINABILITY
STRATEGY
DEFINITE ARTICLES


Apparel Company Launches with
Sustainability Core to its Brand
Definite Articles, a newly created apparel
company formed by the founder of
Untuckit, sought assistance to help launch a
brand built on the foundation of
sustainability, circularity and reduced
emissions.
Initially, the client requested help with
building an idea and developing strategic
direction to determine what was                KEY OUTCOMES
possible. The engagement evolved from          •   Strategic guidance provided on industry trends, materials
initial strategic guidance, to tactical            claims, and key competitors
development of a supplier code of conduct,
B-Corp certification assistance and product    •   Developed supplier code of conduct
LCA calculations.                              •   Conducted preliminary comparative life-cycle assessment of
                                                   socks
                                               •   Guided B-Corp certification process




                                                                                                          Page 128 of 262
                                                                                                                               8

MINING / RARE EARTH
METAL LCAs

LIFE CYCLE ASSESSMENT (LCA)


Fresh Coast Conducted Cradle-to-Gate
LCAs Following ISO 14040/44 Standard
Fresh Coast Climate Solutions completed
LCAs for design phase rare earth
mining/manufacturing processes that will
help facilitate domestic supply of rare earth
metals and magnets. Results included:           KEY OUTCOMES
•   Base case life cycle GHG emissions and
    scenario/sensitivity analysis for key       •   Cradle-to-gate LCA for emerging technology in design phase
    parameters                                  •   Multiple modeled scenarios for future grid electricity intensity
•   Material substitutions for raw materials        & use of renewables
    lacking data                                •   Helped client identify areas to refine process to reduce GHG
•   General comparison of results to                emissions
    industry/academic data                      •   Delivered excel workbook to be used for continued modeling




                                                                                                             Page 129 of 262
                                                                                                                             9



GH POWER

ZERO CARBON ALUMINA

Fresh Coast Provides Carbon Expertise to
the Advance Net Zero in the Industrial Sector

Fresh Coast Climate Solutions is currently
partnering with Ontario-based GH Power to
develop:
•   A climate impact model for clients to
    calculate Scope 1 and 2 GHG emissions       KEY OUTCOMES
    reductions by sourcing GH Power’s
    alumina and Scope 3 GHG emissions           •   A completed climate impact model ready for client pilot testing
    reductions by placing a GH Power
    reactor onsite                              •   Outcomes to be reported on as the project progresses
•   A first of its kind standard and
    certification program for Zero Carbon
    Alumina




                                                                                                           Page 130 of 262
                                                                                                                             10
AUTOMOTIVE SUPPLY
CHAIN BEST PRACTICES
CENTER FOR AUTOMOTIVE RESEARCH &
SUNRISE PROGRAM

Fresh Coast Provided Objective and Detailed
Reporting on ESG Best Practices for Automotive
Industry Supply Chains
Fresh Coast Climate Solutions
provided technical expertise to CAR, the
leading industry-driven independent
automotive research organization that
informs and advises clients to develop a more
sustainable automotive industry.
Fresh Coast conducted a detailed landscape
assessment of interviews for automotive
leaders and their ESG programs and
identified best practices within the scope of    KEY OUTCOMES
ESG commitments along their supply chains.
This informed researcher recommendations         •   Completed qualitative research on supply chain best
and industry decisions on best practices and         practices
ensured improved sustainability and
responsible sourcing of materials down the       •   Gap analysis on supply chain ESG commitments
supply chain. By highlighting gaps and best      •   Independent third-party review and data summary
practices, Fresh Coast assisted decision-
makers to improve communication between          •   Improved understanding of supply chain sustainability needs
manufacturers and suppliers across the supply
chain.




                                                                                                           Page 131 of 262
                                                                                                                            11

CLEANTECH &
CIRCULAR ECONOMY
CENTREPOLIS ACCELERATOR


Fresh Coast Assists CleanTech
Accelerator Commercialize Technology

As experts-in-residence, Fresh Coast
Climate Solutions provides ongoing
technical support to Centrepolis
Accelerator, an organization focused on
commercializing cleantech, circular
economy, and climatech technologies, to
assist companies with scaling their climate
and sustainability technologies.
Expert-in-residence support includes              KEY OUTCOMES
coaching start-ups, conducting GHG                •   Start-up coaching and market development coaching for
analyses for their processes and                      accelerator participants
technologies, helping develop markets and
industry partnerships, creating pilot projects,   •   Completed GHG technical analyses
pursuing funding, and helping companies           •   Funding programs pursued to assist accelerator companies
through their growth trajectories.
                                                  •   Industry partnerships developed to assist product
                                                      commercialization




                                                                                                          Page 132 of 262
MUNICIPAL BUILDING
                                                                                                                                        12


DECARBONIZATION
ROADMAP
CITY OF FLINT, MICHIGAN


Establishing Baseline Building Efficiency +
Charting the Path to Net Zero Buildings

Fresh Coast benchmarked Flint’s municipal
buildings in Portfolio Manager by ENERGY STAR
to establish baseline energy efficiency and
greenhouse gas emissions.
Through working with city staff to understand
needs, limitations, and goals, Fresh Coast
developed an eight-part decarbonization strategy      KEY OUTCOMES
that identified short- and long-term actions to
                                                      •   Baseline understanding of city building efficiency and GHG emissions
achieve net zero municipal buildings. Emphasis
was placed on free, easy to implement strategies      •   Benchmarking reports from Portfolio Manager and visualized, easy to
that reduce energy costs while improving the
                                                          understand results
comfort and health of municipal buildings. City
staff were provided with detailed guidance to         •   Eight-part decarbonization strategy tailored to the City of Flint’s needs
take next steps after project close-out, as well as
connections to free resources and programs to         •   Cost/benefit analyses to demonstrate savings potential
help them on their journey.                           •   Guidance for continuing municipal benchmarking and analysis
                                                      •   Connections to free assistance programs and peer cities




                                                                                                                      Page 133 of 262
                                                                                                                             13

RESIDENTIAL
ELECTRIFICATION
NEXTENERGY


Partnering to Scope one of the First
Residential Low-Income
Electrification Projects in Michigan
NextEnergy partnered with Fresh Coast
Climate Solutions to scope a low-
income residential electrification project for
implementation in the City of Flint,
Michigan, as part of the MINextCities grant
program.
Fresh Coast is conducting research and           KEY OUTCOMES
engaging with stakeholders – the City of
Flint, community housing agencies and            •   An implementation guide to improve resiliency and make
organizations, regional technology                   strides toward achieving net zero in a low-income community
manufacturers, contractors, and utilities – to   •   A financial model to guide the most impact by incorporating
design an impactful electrification project          Inflation Reduction Act incentives and grant funding with the
that can scale electrification of existing           right technological solutions
housing stock statewide.                         •   Stakeholder engagement and community partnerships to
                                                     support implementation
                                                 •   Research of available connected, electrification technologies




                                                                                                           Page 134 of 262
                                                                                                                                14



PATAGONIA


EVALUATION OF SUPPLY CHAIN
TRACEABILITY & TRANSPARENCY
MARKET DRIVERS, INDUSTRY
CAPABILITIES, AND POLICY
DEVELOPMENT


Patagonia hired Fresh Coast Climate
Solutions to assess market drivers for public
disclosure of traceability and transparency       KEY OUTCOMES
information, benchmark competitors
and industry adjacent peers, conduct a gap        •   Assessment of market drivers impacting brands' needs to share
analysis, and develop a public-facing                 traceability & transparency information publicly
transparency and traceability policy. Patagonia   •   Competitive benchmarking analysis of 9 competitors and industry
wanted to understand how to better                    adjacent companies and evaluation of 100+ traceability &
                                                      transparency information items
demonstrate and improve upon its already
                                                  •   Gap analysis and recommendations for enhancing publicly shared
robust transparency and traceability practices.       information
                                                  •   Policy drafted to improve communication of client's robust
                                                      traceability and transparency practices




                                                                                                              Page 135 of 262
                                                                                                                            15



WORKFORCE TRAINING
AND DEVELOPMENT

DEVELOPED AND DELIVERED
ISO 14064 and 14067 TRAININGS

Advancing Sustainability in the
Workforce through Up-Skilling and
Continuing Education
Fresh Coast Climate Solutions developed
curriculum and delivered the following
trainings for global clients:
•   A 4-day training GHG accounting course      KEY OUTCOMES
    covering ISO 14064-1, 14064-3, and
    14064-4                                     •   Engaging curriculums developed by experts in the field with
                                                    real-world and practical case studies
•   A 4-day product carbon footprint
    training covering ISO 14067                 •   Delivered virtual synchronous trainings
All trainings were developed to meet the        •   An up-skilled workforce
requirements of the relevant ISO standard,
reflect the latest climate science, and apply
real world learning through relevant case
studies.




                                                                                                          Page 136 of 262
                                  JENNY L. OORBECK, M.S.
                                Ann Arbor, MI 48103 | (734) 945.9335
                    joorbeck@freshcoastclimate.com | linkedin.com/in/jennyoorbeck/


                                             SUMMARY
Exceptional climate leader with vision and creative ability to manage teams positively and drive success.
Passionate, dynamic, innovative, collaborative, results-driven sustainability executive. A knack for
successfully initiating businesses, divisions, teams, services and programs from scratch. Proven ability to
build deep and productive relationships with diverse stakeholders to achieve strategic goals. Organized,
highly motivated, and detail-oriented problem solver.


                                            EXPERIENCE
Fresh Coast Climate Solutions                                                         Ann Arbor, Michigan
Co-Founder and Managing Partner                                                             2022-Present

   •   Serve as co-owner and executive leader of a specialty, climate-focused consulting firm
   •   Assist a range of clients including start-ups to large companies, NGOs, and public agencies take
       bold and transformative steps to implement climate change solutions
   •   Example projects include conducting due diligence on climate-focused technologies and
       companies, calculating GHG emissions inventories, developing climate programs and roadmaps,
       advising organizations on driving sustainability programs through their complex and global supply
       chains, and advising companies to develop and scale circular economy solutions, among others

SCS Consulting Services                                                                     Ann Arbor, MI
Executive Director                                                                           2020 - 2022

   •   Launched SCS Global Services’ new consulting business entity including developing and executing
       a go-to-market strategy, securing projects, hiring and managing staff, and establishing and meeting
       budgets
   •   Secured more than $1M in revenue and grew the team to 13 staff members within one year, while
       ensuring profitability
   •   Provided consulting services to a range of corporate clients, including fortune 500 companies, to
       advance their sustainability performance including tracking carbon emissions, setting carbon
       reduction goals, implementing mitigation programs, tracking progress, continually improving
       performance, conducting due diligence, advancing ESG programs, among many other activities

NSF International                                                                           Ann Arbor, MI
General Manager, Sustainability                                                              2015 - 2020

   •   Oversaw and set the strategic direction for NSF’s sustainability team including overseeing M&A
       activities
   •   Managed 5 P&Ls, set annual budgets, and worked diligently to achieve financial and impact goals
   •   Succeeded in scaling the team 10% year over year organically throughout my tenure




                                                                                                    Page 137 of 262
    •   Initiated two new global sustainability startup services for the organization in textiles and
        consulting
    •   Led the team from the lowest net promoter score in the organization to the highest within three
        years
    •   Influenced the hire of NSF’s first corporate sustainability manager and the establishment of carbon
        neutrality goals for global operations

Clean Energy Coalition                                                                      Ann Arbor, MI
Program Director                                                                             2013 - 2015

    •   Directed the operations team to ensure exceptional deliverables were completed on time and
        within budget
    •   Developed and implemented strategies to secure new business; generated $5.8M in funding for
        the organization
    •   Administered and ensured the timely and successful completion of a variety of federally-funded
        clean energy projects for private and public sector clients including deploying energy efficiency
        programs and services, developing community greenhouse gas inventories and climate action
        plans, implementing Michigan’s first Property Assessed Clean Energy program, and deploying
        alternative fuels and alternative vehicle infrastructure

Communities Division Manager                                                                   2010 - 2013

    •   Led the organization’s Communities division which provided technical consulting to more than 40
        Michigan local governments in the areas of climate change, energy efficiency, and renewable
        energy.
    •   Oversaw the timely completion of innovative municipal clean energy programs including
        developing municipal energy efficiency programs in eight of Michigan’s most distressed
        communities including Benton Harbor, Detroit, Hamtramck, Highland Park, Flint, Muskegon
        Heights, Pontiac, and Saginaw

City of Richmond                                                                             Richmond, CA
Environmental Manager                                                                          2007 - 2010

    •   As the first lead environmental staff member, established an environmental division including
        managing the City’s environmental budget, hiring and overseeing staff, and facilitating the
        development and implementation of strategic short-term and long-range plans
    •   Developed innovative environmental policies and programs including implementing citywide
        residential and commercial green building standards and implementing a policy to eliminate the
        use of expanded polystyrene and plastic food ware containers by food service providers
    •   Assisted with the development of the City’s Energy and Climate Change Element, one of the
        nation’s first general plan elements to expressly address climate change
    •   Conducted a comprehensive municipal and community-wide greenhouse gas emissions inventory
        for the City which was one of the first nationally to include industrial point source and local rail
        emissions
    •   Received the Sustainable Contra Costa award in the government sector in 2010

Central Contra Costa Solid Waste Authority                                               Walnut Creek, CA
Acting Director (In Executive or Interim Director’s absence)                                        2007




                                                                                                    Page 138 of 262
   •   Oversaw and directed agency’s staff, $1,000,000 operating budget, and diverse waste reduction
       programs



Program Manager                                                                                 2004-2007

   •   Managed agency’s green building, construction and demolition debris recycling, small business
       recycling, and school recycling program areas, including developing and implementing waste
       diversion programs and education and outreach
   •   Set and managed program area budgets, analyzed data, prepared reports, and presented policy
       and program recommendations to Board of Directors

Brown, Vence & Associates                                                                San Francisco, CA
Associate I & II                                                                               2003-2004

   •   Provided energy efficiency and waste reduction consulting on complex issues to private and public
       sector clients worldwide to help them meet environmental goals

University of Michigan, Center for Sustainable Systems                                      Ann Arbor, MI
Graduate Student Research Assistant                                                           2002-2003

   •   Developed one of the first GHG emissions inventories and climate action plans in the country as
       part of a group project undertaken with three colleagues

Central Contra Costa Solid Waste Authority                                              Walnut Creek, CA
Waste Prevention and Recycling Assistant                                                     2000-2002

   •   Planned and implemented strategies to expand and improve waste prevention, recycling,
       composting, green building, and solid waste management programs
   •   Consulted to businesses, providing waste reduction assessments and cost-savings estimates;
       assisted businesses with recycling program implementation and ongoing evaluation

Americorps                                                                                    Oakland, CA
Environmental Education Specialist                                                             1999-2000

   •   Taught classes, both on-site and in Alameda County classrooms, for students ages 5 – 22 on the
       importance of waste reduction, stressing the four “R’s”: reduce, reuse, recycle and rot
   •   Led tours of the Davis Street Transfer Station, a transfer point for all green waste, recyclables, and
       garbage


                                            EDUCATION

University of Michigan School of Natural Resources and Environment                   Ann Arbor, Michigan
M.S., Natural Resources and Environment, emphasis in Resource Policy                               2003

Mills College                                                                          Oakland, California
B.A., General Studies                                                                                1997




                                                                                                    Page 139 of 262
                             VOLUNTEER POSITIONS
•   2022 – Present: Boot Camp Coach, Ann Arbor Spark, Ann Arbor, MI

•   2021 – 2022: Industry Advisor, Xpansiv, San Francisco, CA

•   2021 – 2022: Director, Center for Sustainable Systems External Advisory Board of Directors,
    University of Michigan

•   2013 – 2015: Director, Board of Directors, Recycle Ann Arbor




                                                                                           Page 140 of 262
                                    NICHOLAS J. KEMP
                              Ann Arbor, MI 48103 | (810) 602.6826
                nkemp@freshcoastclimate.com | linkedin.com/in/nick-kemp-930a06118/


                                             SUMMARY
Nick Kemp is the Technical Director of Fresh Coast Climate Solutions. Prior to joining this start-up, Nick
led the technical team at SCS Consulting Services with a focus on GHG emissions inventories, GHG
reduction goals (carbon neutrality and science-based targets) and strategies, as well as product
sustainability, and ESG strategy development.

Nick’s career includes work as a research specialist at the University of Michigan where he focused on
quantifying the environmental impact of emerging technologies and was an integral contributor to the
President’s Commission for Carbon Neutrality. He has extensive experience in manufacturing through his
years as a production engineer at Dow Chemical and time as a process design engineer for Becton
Dickinson.


                                            EXPERIENCE
Fresh Coast Climate Solutions                                                         Ann Arbor, Michigan
Technical Director                                                                          2022-Present

   •   Serve as the organization’s technical expert, leading complex projects and providing guidance to
       team members
   •   Develop and maintain suite of technical resources to ensure work is in alignment with most recent
       climate science
   •   Build and mentor technical team capable of providing transformative sustainability solutions to
       our partners

SCS Consulting Services                                                                    Ann Arbor, MI
Senior Technical Manager                                                             Nov 2021 – Aug 2022

   •   Served as a project manager for multiple, complex projects including calculating GHG inventories,
       modeling reduction initiatives, settings SBTs, and sustainability strategy and reporting
   •   Contributed to projects as the technical lead with clients in multiple sectors including the financial
       industry, plastics, food and agriculture, and manufacturing
   •   Developed template to calculate scope 3 emissions for plastic manufacturers which modeled
       impact from transitioning between resin types and virgin versus recycled resin
   •   Led development of sustainable products and services framework for a large electronics
       distributor to identify and promote sustainable products enabling their customers to incorporate
       sustainability in purchasing decisions
   •   Managed remote technical team of 5, ranging from entry-level analysts to senior technical project
       managers, with responsibilities including assisting with employee goal setting, supporting career
       growth, and managing capacity
   •   Led internal strategy team focused on developing and improving work processes, internal
       standards, and identifying new and enhancing existing service offerings




                                                                                                    Page 141 of 262
Becton Dickinson                                                                            Detroit, MI
Peptone Manufacturing – Process Engineer/Project Manager                           Mar 2017 – Aug 2018

   •   Automated product reaction sequence reducing cycle time (12%) and quality issues (15%)
   •   Developed new manufacturing process for critical raw material preventing $420M of annual
       revenue loss
   •   Led project to remove hazardous raw material eliminating flammability concerns, hazardous waste
       creation, and avoided an additional $250M in capital expenditure
   •   Optimized drying process which increased yields by 5% ($950M/year) and reduced Quality
       Notifications by 10%
   •   Led cycle time reduction project for key product, reducing cycle time by 23% thereby enabling
       company to meet growing, time-sensitive customer demand

Dow Chemical - Herbicide Formulations                                                      Midland, MI
Senior Production Engineer                                                         Mar 2016 – Mar 2017

   •   Led cross functional teams for process optimization projects including formulation process cycle
       time reduction project ($200M savings) and clean-out waste reduction project (10mgal/yr water
       use reduction)
   •   Led numerous Root Cause Investigations and coached new engineers through the investigation
       work process
   •   Taught new operators in Dow’s Operational Excellence in Manufacturing program about
       manufacturing process design and troubleshooting skills

Production Engineer                                                                Mar 2013 – Mar 2016

   •   Served as technical subject matter expert while coaching and assisting operations team to ensure
       safe and reliable production of 180MM lbs of product per year
   •   Developed first pass prime metrics (FPP) for 36 products and improved overall FPP rate by 17%
       over a 2-year period
   •   Reduced equipment downtime by 12% through improved preventative maintenance program
   •   Worked with 3rd party company to develop filtration system to enable re-use of flush water
       reducing water usage by 25%
   •   Led 5S and Process Automation teams resulting in multiple Kaizen events and 20% reduction in
       nuisance alarms respectively


                                  RESEARCH EXPERIENCE

University of Michigan                                                                   Ann Arbor, MI
Research Specialist                                                                May 2020 – Nov 2021

   •   Developed a dynamic carbon accounting model (63 excel sheets, >100,000 data points) for the
       University of Michigan President’s Commission on Carbon Neutrality (PCCN), including Scope 1, 2,
       & 3 emissions for all UM campuses and properties
   •   Modeled carbon emission reduction strategies (29 strategies, 515 strategy inputs) to determine
       potential reduction of UM emissions (e.g., vehicle fleet electrification leads to a 50% reduction in
       Scope 1 transportation emissions over 30 years)




                                                                                                 Page 142 of 262
   •   Generated and presented three carbon neutrality pathways using the carbon accounting model
       (slow, moderate, and aggressive) to the PCCN providing the foundation for carbon neutrality goals
       announced by UM on May 5th, 2021
   •   Constructed and published a parametric model to evaluate impacts of e-commerce, refrigeration
       and automation on GHG emissions of numerous grocery supply-chain routes

University of Michigan                                                                        Ann Arbor, MI
Research Assistant                                                                      Jan 2019 – May 2020

   •   Completed life cycle analysis (LCA) of an automated SUV and van
   •   Developed component data set for incorporation into Argonne National Laboratory’s GREET
       model
   •   Presented LCA research at 2019 Clean Energy Research Center Clean Vehicle Consortium


                                              EDUCATION

University of Michigan School for Environment and Sustainability                         Ann Arbor, Michigan
MS in Sustainable Systems                                                                          May 2020
Dow Sustainability Fellow

University of Michigan College of Engineering                                            Ann Arbor, Michigan
BSE in Chemical Engineering                                                                  December 2012


                                           PUBLICATIONS
Kemp, N. J., Li, L., Keoleian, G. A., Kim, H. C., Wallington, T. J., & de Kleine, R. (2022). Carbon Footprint of
Alternative Grocery Shopping and Transportation Options from Retail Distribution Centers to Customer.
Environmental Science & Technology, 56(16), 11798–11806. https://doi.org/10.1021/acs.est.2c02050

Li, L.; He, X.; Keoleian, G. A.; Chul Kim, H.; De Kleine, R.; Wallington, T. J.; Kemp, N. J. Life Cycle
Greenhouse Gas Emissions for Last-Mile Parcel Delivery by Automated Vehicles and Robots. Environ. Sci.
Technol. 2021. https://doi.org/10.1021/acs.est.0c08213.

Keoleian, G.; Lewis, G.; Kemp, N.; Hua, N.; Hilton, S. Carbon Accounting Modeling Project A Report
Developed for and Supported by the U-M President’s Commission on Carbon Neutrality; Ann Arbor, MI,
2021.

Kemp, N. J.; Keoleian, G. A.; He, X.; Kasliwal, A. Life Cycle Greenhouse Gas Impacts of a Connected and
Automated SUV and Van. Transp. Res. Part D Transp. Environ. 2020, 83 (May), 102375.
https://doi.org/10.1016/j.trd.2020.102375




                                                                                                       Page 143 of 262
                                          Rebecca Elder
                                 Columbia, MO 65203 | (816) 703.9767
                      belder@freshcoastclimate.com | Rebecca Elder, MPA | LinkedIn


                                              SUMMARY
Becca Elder is the Senior Technical Analyst at Fresh Coast Climate Solutions. Becca is passionate about
harnessing the power of data to tell compelling stories and generate valuable insights that fuel bold and
effective climate action. Prior to joining Fresh Coast, Becca was the Sustainability Analyst for the City of
Columbia, Missouri, where she spearheaded efforts to track and evaluate progress on the City’s climate
action plan. Her expertise included conducting community-wide and municipal greenhouse gas
inventories, analyzing emissions trends, and modeling the potential impacts of strategies in the climate
action plan.


                                            EXPERIENCE
Fresh Coast Climate Solutions                                                         Ann Arbor, Michigan
Senior Technical Analyst                                                                     2023-Present

   •   Conducts scope 1, 2, and 3 greenhouse gas emissions inventories accounting to various
       methodologies
   •   Completes carbon due diligence and lifecycle analyses
   •   Builds client-facing presentations and generate actionable recommendations

City of Columbia, Missouri                                                                   Columbia, MO
Sustainability Analyst                                                                July 2021 – July 2023

   ●   Conducted annual municipal and community-wide greenhouse gas inventories and produced
       public inventory reports
   ●   Researched best practices and provided data-driven recommendations for implementation of
       climate action plan
   ●   Built Power BI dashboards to communicate community and municipal sustainability metrics
   ●   Managed implementation of municipal building energy benchmarking policy
   ●   Tracked energy performance and calculated emissions for all municipal facilities; identified optimal
       investments and quantified energy, cost and emissions reduction potential
   ●   Built emissions forecast for climate action plan through 2050 using ICLEI’s ClearPath tool; built
       power BI dashboard to seamlessly compare actual vs. forecasted emissions from 2015 baseline

University of Missouri School of Public Affairs                                              Columbia, MO
Graduate Research Assistant                                                                   2020 – 2021

   •   Managed data for research related to education equity
   •   Conducted literature reviews and data searches
   •   Assisted in preparing presentations of research




                                                                                                    Page 144 of 262
Northwest Earth Institute                                                                     Remote
Curriculum Developer                                                                       2019; 2023
   •   Reviewed and revised assigned sections of course books “Seeing Systems: Peace, Justice and
       Sustainability” Edition 2 (2019) and “Choices for Sustainable Living” (2023)
   •   Worked with a curriculum committee to create synthesis in course books


Truman State University Sustainability Office                                       Kirksville, Missouri
Sustainability Office Coordinator and Founder                                            2016 – 2018

   ●   Initiated, created, and coordinated office and 5 interns
   ●   Collaborated with staff to complete STARS sustainability reporting
   ●   Coordinated sustainability committees across dormitories to promote sustainability
   ●   Led development and coordination of Sustainability Week and Earth Week programs and events
   ●   Created systems to collect and educate about glass, battery, plastic, and electronic recycling


The Green Thumb Project                                                                  2015 – 2018
Lead Coordinator, AmeriCorps Service Member

   ●   Planned and implemented educational community events such as the annual Farm to Table Dinner,
       annual Fall Harvest Festival, Spring Garden Festival, and Harvest of the Month events
   ●   Managed organizational budgeting and reporting for $40,000 EPA grant
   ●   Managed 10 interns and weekly student organization volunteer events
   ●   Developed engaging curriculum for 24 garden classes/week that reached 500 students per year ages
       3-12

Truman State University                                                            Kirksville, Missouri
Course Developer and Instructor                                                             2016-2018

   •   Initiated and taught two sections of Sustainability Leadership Practicum (ENVS 340)
   •   Designed curriculum for and taught two semesters of Grassroots Environmentalism (ENVS 380)
   •   Presented lectures as Teaching Assistant for Environmental Justice Course (JINS 336)



                                               EDUCATION

University of Missouri School of Public Affairs                                    Columbia, Missouri
Masters of Public Affairs                                                                  May 2023
AmeriCorps Fellow

Truman State University                                                             Kirksville, Missouri
Bachelor of Science in Environmental Studies                                                 May 2017
Magna Cum Laude




                                                                                               Page 145 of 262
                                          Matthew Paper
                                Ann Arbor, MI 48103 | (816) 703.9767
                      mpaper@freshcoastclimate.com Matthew Paper MSc | LinkedIn


                                             SUMMARY
Matthew Paper is a Technical Analyst at Fresh Coast Climate Solutions, focusing on Biodiversity and
Water related solutions. Matthew is passionate about using ecological data and creative problem solving
to develop actionable solutions for difficult climate change related questions. Prior to joining, Matthew
performed goal-based research on aquatic and terrestrial ecosystems as a Junior Researcher and
Implementation Officer for the Centre for Biological Control, Rhodes University. His role involved
extensive ecological surveying, performing goal-orientated research, statical data analysis, and developing
action plans to effectively manage highly impacted ecosystems.


                                   RESEARCH EXPERIENCE
Fresh Coast Climate Solutions                                                       Ann Arbor, Michigan
Technical Analyst, Biodiversity & Water                                                   2023-Present

   •   Perform goal-based research aimed at improving business sustainability practices
   •   Conduct biodiversity impact assessments, ecological data analyses and risk modeling and buildout
       strategic sustainable solutions
   •   Perform Water Stewardship program due diligence and innovative program development

The Centre for Biological Control, Rhodes University, South Africa           Grahamstown, South Africa
Junior researcher & Implementation Officer                                     August 2018 – April 2022
   ●   Designed and performed ecological research on aquatic and terrestrial ecosystems function in
       response to anthropogenic impacts such as climate change, urbanization and agricultural/urban
       waste in southern Africa, Argentina, USA
   ●   Provided pro bono environmental remediation surveys and action plans on impacted freshwater
       systems to struggling communities throughout southern Africa
   ●   Worked alongside Argentina's Foundation for the Study of Invasive Species (FuEDEI), the USDA
       and US Army Corp of Engineers and the Australian Commonwealth Scientific and Industrial
       Research Organisation (CISRO) on goal orientated invasive plant species research
   ●   Designed and executed survey methodologies, laboratory and field based scientific experiments,
       genetic analysis, and analytical modeling for freshwater and terrestrial systems.
   ●   Established and managed stakeholder engagement initiatives for highly impacted communities and
       municipalities throughout southern Africa
   ●   Developed biological sciences educational programmes for low-income areas of South Africa
   ●   Presented research at internationally recognized conferences



The Department of Botany, Rhodes University, South Africa*                   Grahamstown, South Africa
Laboratory Technician & Research Assistant                                        May 2018 – July 2018

   ●   Performed ecological in savanna ecosystems across Central South Africa




                                                                                                  Page 146 of 262
   ●   Conducted biochemical (Total Non-Structural Carbohydrate) response assays on savanna plant
       species exposed to elevated CO2 conditions for the Rhodes University Elevated CO2 Facility
   ●   Performed biodiversity surveys at the Fort Hare Fire Trials

   *Volunteered at the South African Institute for Aquatic Biodiversity
          ○ Performed open-ocean day trips surveying zooplankton the coast of South Africa



Aquatic Ecosystem Services, fisheries and environmental consultancy              Grahamstown, South Africa
Data Analyst                                                                      February 2018 – April 2018

   ●   Input and data management for community programs established to assist rural fishing
       communities on Lake Malawi

Divers Club Crete                                                                              Crete, Greece
PADI Dive Master                                                                                       2017
   ●   Assisted researchers from the Hellenic Centre for Marine Research with data collection along the
       northern reef of Crete, near the landmark of the Church of Agios Sozon.
   ●   Performed guided scuba diving tours in the region of Agia Pelagia and the island of Dia

The Department of Zoology and Entomology, Rhodes University                      Grahamstown, South Africa
Course Demonstrator                                                                                  2016

   ●   Taught and practically demonstrated several sections of Cellular Biology (101, 102), Zoology (102,
       201, 202) and Botany (201, 202)



                                             EDUCATION

The Centre for Biological Control, Rhodes University                             Grahamstown, South Africa
Master of Science (Cum Laude)                                                              November 2021
National Research Foundation Innovation Scholarship

Department of Zoology & Entomology/Department of Botany                         Grahamstown, South Africa
Bachelor of Science in Zoology & Botany                                                        April 2017



                                           PUBLICATIONS
Paper, M.K., Righetti, T., Raubenheimer, S.L., Coetzee, J.A., Sosa, A.J. and Hill, M.P., (2022) Effects of
elevated CO2 on feeding responses of biological control agents of Pontederia crassipes. Entomologia
Experimentalis et Applicata.

Coetzee, J.A., 2022. Paper MK, Miller BE, Kinsler D, Cilliers CJ, Hill MP (2022) Into Africa: Salvinia minima
Baker (Salviniaceae) invades South Africa. BioInvasions Records, 11(4), pp.1011-1018.




                                                                                                      Page 147 of 262
                              INTERESTING HIGHLIGHTS

Volunteer at The Huron River Watershed Council
   ● Volunteer ecologist performing survey method development and in the field trialing
   ● Contribute to education programs and assist during volunteer field trips

Trekked the Annapurna Mountain range Nepal
   ● 30-day unguided trek through the foothill of the Annapurna Himal

Avid lover of the outdoors
   ● Completed multiple ultramarathon races – Great Lakes Relay (280mi), Rhodes Run (52km), Club to
       Club (127km)
   ● Completed multiple kaya marathons races and multi-day tours – Tugela Marathon, Inhaka Island,
       Orange River marathon
   ● Competed in several rock-climbing competitions and multi-day trips




                                                                                           Page 148 of 262
                                      Rachel K. Cushard
                            rcushard@umich.edu | (586) 942-0783 | LinkedIn


                                              SUMMARY

Rachel Cushard is majoring in Environmental Science and Psychology, with a minor in Sustainability. As a
Vice President of the Erb Sustainability Institute Undergraduate Fellowship and a member of the Graham
Sustainability Scholars Program, she is passionate about working collaboratively to innovate change.
Before joining Fresh Coast, Rachel interned for the City of Sterling Heights, Michigan within the Office of
Planning. She facilitated interactive workshops and created materials for hands-on activities to engage the
community and gain local input for their premier Climate Action Plan, which she will continue to draft as a
member of Fresh Coast. She also assembled resources for an urban forestry grant application to
strategically improve the city’s tree canopy and conducted data capture of water and energy usage by
municipal facilities. As winner of the 2023 Stellantis Student Achievement Award for her research on
decarbonizing mobility in the automotive industry, she has experience finding novel solutions. Rachel
brings a creative perspective to the team, and she is committed to driving impactful change at the
intersection of sustainability and business.


                                              EXPERIENCE
Fresh Coast Climate Solutions                                                      Ann Arbor, Michigan
Associate                                                                     September- December 2024

   •   Provided general support for technical sustainability projects
   •   Assisted in conducting corporate greenhouse gas emissions inventories
   •   Continued drafting of Climate Action Plan for the City of Sterling Heights

City of Sterling Heights Office of Planning                                         Sterling Heights, MI
Sustainability Intern                                                                  May-August 2024

   •   Facilitated community engagement to gain local input for revision of Master Land Use Plan
       resulting in a workshop event with 70 attendees, 120 virtual interactive map contributions, and
       3,200 Market Survey responses
   •   Assembled resources for $225,000 IRA Urban and Community Forestry Grant application to
       strategically improve the City’s tree canopy by planting 725 trees in underserved communities
       utilizing a multi-factor weighted schema
   •   Assisted in Climate Action Plan development by creating Sustainability Open House event
       materials and advancing community involvement through hands-on activities regarding sustainable
       infrastructure and priority budgeting
   •   Conducted Energy Star data capture of water and energy usage by all municipal buildings and
       facilities




                                                                                                  Page 149 of 262
Theta Alpha Psi Professional Sustainability Fraternity                                  Ann Arbor, MI
Zero-Waste Chair & Ongoing Member                                                February 2023-Present

   •   Managed recruitment events attended by 200+ students by leading application review, executing
       behavioral interviews, arranging a participatory seminar, and supervising a case competition to
       refine our pool of candidates
   •   Established sustainability initiatives for retreat attended by 40 members, implementing materials
       compatible with the Office of Campus Sustainability’s composting standards, resulting in a 60%
       waste decrease from the previous year

Environmental Consulting Organization at the University of Michigan                       Ann Arbor, MI
Business Analyst & Ongoing Member                                                          2016 – 2018

   •   Collaborated with the founder of Oshki, a sustainable clothing startup, to research synthetic
       materials manufacturing processes to incorporate a powdered filament derived from invasive
       Zebra Mussel shells in the Great Lakes

Pantanal Partnership Sustainability Project Team at the University of Michigan             Ann Arbor, MI
Project Partner & Ongoing Member                                                      January – May 2024
    ● Analyzed air quality evaluation metrics by quantifying particulate matter accumulation within a
        sustainable waste incinerator designed, constructed, and tested by our project team, and
        implemented in the Pantanal region of Brazil

MECC Consulting Group at the University of Michigan                                      Ann Arbor, MI
Business Analyst & Ongoing Member                                               February 2024 – Present

   ●   Developed customer outreach initiatives for local restaurant by conducting a competitor analysis,
       formulating community engagement strategies, analyzing survey response data, and inquiring with
       potential partner organizations

Seven Mile Arts, Music, and Coding                                                        Ann Arbor, MI
Secretary                                                                       January 2023 – May 2024
   ● Authored and published engaging weekly online newsletter communications reaching an audience
       of 150+ students and senior directors to raise awareness of opportunities for community
       involvement, upcoming events, and deadlines



                                           EDUCATION

University of Michigan – College of Literature, Science, and the Arts                    Ann Arbor, MI
B.A. in Environmental Science & B.A. in Psychology, Minor in Sustainability                 April 2026

   •   GPA: 3.79/4.00
   •   U-M Graham Sustainability Institute Scholar
   •   Erb Institute Undergraduate Fellowship with Ross School of Business & School for Environment
       and Sustainability
   •   Awards & Achievements: 2023 Stellantis Student Achievement Award, University of Michigan
       Honors, Psi Chi International Honor Society, University of Michigan Planet Blue Ambassador




                                                                                                Page 150 of 262
                        Agenda Item Review Form
                        Muskegon City Commission
Commission Meeting Date: October 22, 2024           Title: Request to amend the planned unit
                                                    development (PUD) at Harbour Towne to allow
                                                    for the construction of 28 new condo units.

Submitted by: Mike Franzak, Planning Director       Department: Planning

Brief Summary:
The proposed buildings include six fourplexes and two duplexes.

Detailed Summary & Background:
The original PUD for Harbour Towne called for up to 250 units, however, only 190 units were built. The
time has lapsed to complete the additional units, so the PUD must be amended. A discussion was
had regarding the installation of sidewalks, which was an original condition of approval. The PUD was
amended in 2002 to add three additional duplexes along Fulton St. That amendment noted that the
original agreement for sidewalks for the PUD is retained. During the July 11, 2002 Planning Commission
meeting it was noted: “In previous amendments the issue of pedestrian walkways has come up. The
original PUD required that walkways (sidewalks) be provided when the PUD became more fully
developed. This issue needs to be resolved. Cement sidewalks may not be practical in the
development. A boardwalk may be cost prohibitive. An option may be that a pedestrian/bike lane
be painted on the existing street demarking a pedestrian area that will prompt motorists to be
mindful of pedestrians and cyclists. The existing swath of pavement is fairly wide and open, which
can actually promote speeding in the development.”

The Planning Commission voted in favor (5 to 3, 1 absent) of recommending approval of the project
with the following conditions:

1. A turnaround must be incorporated at the end of Channel View Point.
2. An additional fire hydrant must be added along Channel View Point.
3. A stormwater permit must be obtained from the Engineering Department before construction
commences
4. A landscaping plan is provided.
5. Sidewalks through Harbour Towne Circle East and West are installed within two years from the
commencement of construction.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:


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

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


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

Recommended Motion:
I move that the request to amend the planned unit development (PUD) at Harbour Towne to allow
for the construction of 28 new condo units be approved with the following conditions:

1. A turnaround must be incorporated at the end of Channel View Point.
2. An additional fire hydrant must be added along Channel View Point.
3. A stormwater permit must be obtained from the Engineering Department before construction
commences
4. A landscaping plan is provided.
5. Sidewalks through Harbour Towne Circle East and West are installed within two years from the
commencement of construction.

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

Information
Technology
Other Division Heads
Communication
Legal Review




                                                                                           Page 152 of 262
Hearing, Case 2024-26: Request to amend the planned unit development (PUD) at Harbour Towne
to allow for the construction of 28 new condo units.

SUMMARY

   1. The original PUD plans were approved on June 12, 1990. The approved plans included a
      maximum of 250 residential units. There appears to be 190 units developed as of today.
      However, the timeline to develop these units has expired and the proposed units are in
      slightly different areas than originally approved.
   2. The PUD was amended in 2002 to add three additional duplexes along Fulton St. That
      amendment noted that the original agreement for sidewalks for the PUD is retained. During
      the July 11, 2002 Planning Commission meeting it was noted: “In previous amendments
      the issue of pedestrian walkways has come up. The original PUD required that walkways
      (sidewalks) be provided when the PUD became more fully developed. This issue needs to
      be resolved. Cement sidewalks may not be practical in the development. A boardwalk may
      be cost prohibitive. An option may be that a pedestrian/bike lane be painted on the existing
      street demarking a pedestrian area that will prompt motorists to be mindful of pedestrians
      and cyclists. The existing swath of pavement is fairly wide and open, which can actually
      promote speeding in the development.”
   3. This amendment proposes eight new structures (six fourplexes, two duplexes) for a total of
      28 new units.
   4. The fire department has noted that some sort of turnaround must be added at the end of
      Channel View Point. The current length exceeds the limit of 150 ft to a dead end without
      an approved turnaround. Additionally, another hydrant must be added along Channel View
      Point.
   5. A stormwater permit from the Engineering Department will be required.
   6. No landscaping plan has been provided.
   7. Notice was sent to all parcels within 300 feet of this property. At the time of this writing,
      staff had not received any comments from the public.



                                Harbour Towne Circle looking south.




                                                                                              Page 153 of 262
STAFF RECOMMENDATION

Staff recommends approval of the PUD amendment with the following conditions:
    1. A turnaround must be incorporated at the end of Channel View Point.
    2. An additional fire hydrant must be added along Channel View Point.
    3. A stormwater permit must be obtained from the Engineering Department before
        construction commences.
    4. A landscaping plan is provided.
    5. A decision is made regarding the installation of sidewalks.




                                                                              Page 154 of 262
                                       CITY OF MUSKEGON
                                MUSKEGON COUNTY, MICHIGAN
                                        ORDINANCE NO.________


An ordinance to amend the final planned unit development at Harbour Towne.


THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The planned unit development is hereby amended to allow the addition of 28 new housing units with the
following conditions:
           1. A turnaround must be incorporated at the end of Channel View Point.
           2. An additional fire hydrant must be added along Channel View Point.
           3. A stormwater permit must be obtained from the Engineering Department before construction
              commences.
           4. A landscaping plan is provided.
           5. Sidewalks through Harbour Towne Circle East and West are installed within 2 years from the
              commencement of construction.


This ordinance adopted:
Ayes:
        Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:



                                                  CITY OF MUSKEGON


                                                      By: __________________________
                                                         Ann Meisch, MMC
                                                         City Clerk




                                                                                                    Page 155 of 262
                                             CERTIFICATE
                      (Amendment to the Planned Unit Development at Harbour Towne)


The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does
hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission
of the City of Muskegon, at a regular meeting of the City Commission on the 22nd day of October, at which
meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of
2006, and that minutes were kept and will be or have been made available as required thereby.


DATED: ___________________, 2024            ________________________________
                                            Ann Meisch, MMC
                                            Clerk, City of Muskegon




Publish       Notice of Adoption to be published once within ten (10) days of final adoption.




                                                                                                        Page 156 of 262
                                                    CITY OF MUSKEGON
                                                   NOTICE OF ADOPTION


Please take notice that on October 22, 2024, the City Commission of the City of Muskegon adopted an
ordinance amending the planned unit development at Harbour Towne.

Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the
City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.


         This ordinance amendment is effective ten days from the date of this publication.


Published ____________________, 2024
                                                               By ___________________________
                                                                        Ann Meisch, MMC
                                                                        City Clerk


---------------------------------------------------------------------------------------------------------------------


PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.


Account No. 101-80400-5354




                                                                                                                        Page 157 of 262
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: October 22, 2024          Title: Amendment to the Real Estate Purchase
                                                   and Sale Agreement for 2675 Olthoff Drive

Submitted by: Jocelyn Hines, Development           Department: Economic Development
Analyst

Brief Summary:
2675 Olthoff, LLC (formerly Bluewater Industrial Development, LLC) is requesting an amendment to
the first real estate purchase and sale agreement approved on May 14, 2024.

Detailed Summary & Background:
On May 14, 2024, the City Commission approved a sale of 12.87 acres at 2675 Olthoff Drive to
Bluewater Industrial Development, LLC. This space will be used to construct a 215,000 square foot
facility for Forming Technologies. The amendments to the original agreement include an extension of
the due diligence period as well removal of language pertaining to the construction of a retention
pond.

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:
                                                   Yes            No       X   N/A

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

Recommended Motion:
Motion to approve the Real Estate Purchase and Sale Agreement amendment with 2675 Olthoff Dr.,
LLC and to authorize the mayor and clerk to sign.

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

Information
Technology
Other Division Heads



                                                                                       Page 158 of 262
Communication
Legal Review




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Page 180 of 262
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: October 22, 2024        Title: Second Amendment to Employment
                                                 Agreement

Submitted by: Jonathan Seyferth, City Manager    Department: Manager's Office

Brief Summary:
In the summer of 2024, the City Manager received a review from the City Commission. The
Commission found that the manager exceeded expectations on average with an overall score of 1.4
(with 1 being the best). The city's commissioners, division, and department heads reviewed his
performance. Based on this review, the City Manager is requesting an update to his contract
regarding his base wage.

Detailed Summary & Background:
Earlier in 2024, the City Commission created a subcommittee to update the city manager's review
process. The updated review included two components: a review completed by division and
department heads whose results were provided to the City Commission and a review completed by
the City Commission. The City Commission completed its annual review of the City Manager in a
closed session on June 25, 2024.

The review was completed on a three-point scale, with 1 exceeding expectations, 2 meeting
expectations, and 3 below expectations. The manager's average score was 1.4.

Given the favorable review and the competitive nature of the City Manager field, where average
salaries for Michigan communities the size of Muskegon are about $178,000 a year and where the
average wage of Muskegon's peer communities in West Michigan is $185,800, the city manager is
requesting that his base salary be adjusted to $185,000 effective July 1, 2024.

The manager's current base salary is $162,864.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:


Goal/Action Item:

Amount Requested:                                Budgeted Item:
$22,136                                           Yes           No      X   N/A

Fund(s) or Account(s):                           Budget Amendment Needed:
101-172-5100                                      Yes      X    No          N/A

Recommended Motion:


                                                                                     Page 181 of 262
I move to approve the Second Amendment to the City Manager's Employment Agreement effective
July 1, 2024

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

Information
Technology
Other Division Heads
Communication
Legal Review           X




                                                                                Page 182 of 262
                  SECOND AMENDMENT TO EMPLOYMENT AGREEMENT

       This Second Amendment between City of Muskegon (“City”), 933 Terrace St, Muskegon,
Michigan 49440 and Jonathan Seyferth (“Seyferth”), 933 Terrace St, Muskegon, Michigan 49440
has been entered into pursuant to the following terms:

                                              Recitals

       A.      City and Seyferth entered into an Employment Agreement effective November 28,
2022, and a First Amendment effective                    ,      , 202 .

      B.         City and Seyferth seek to make one (1) Amendment to that Employment
Agreement.

          THEREFORE, THE PARTIES AGREE AS FOLLOWS:

          1.     Section 2 of the Employment Agreement shall be revised to provide an annual
                 salary of One Hundred Eighty-Five Thousand Dollars and Zero Cents
                 ($185.000.00) effective                ,       , 202 .

          As to all other respects, the Employment Agreement shall continue in force as if restated
herein.


                                                          CITY OF MUSKEGON

Dated: ___________, 202 ___                           By:
                                                      Name: Ken Johnson, Its Mayor

Dated: ___________, 202 ___                           By:
                                                      Name: Ann Marie Meisch, Its Clerk

Dated: ___________, 202 ___                           By:
                                                      Name: Jonathan Seyferth, Its




                                                                                             Page 183 of 262
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: October 22, 2024            Title: Expansion and Removal of Neighborhood
                                                     Enterprise Zone Districts

Submitted by: Jocelyn Hines, Development             Department: Economic Development
Analyst

Brief Summary:
Staff is proposing the expansion of the Neighborhood Enterprise Zone Districts in core neighborhoods
in the City. This expansion will allow developers and current property owners to take advantage of
this incentive where there are several vacant properties. We are also proposing removal of sites
where the zoning has changed, or other incentives will make NEZ ineffective.

Detailed Summary & Background:
Pursuant to Public Act 147 of the Michigan Public Acts of 1992, staff has requested the expansion and
removal of certain Neighborhood Enterprise Zone (NEZ) Districts. The City of Muskegon has utilized
NEZs as a tool to encourage the construction of new homes and the rehabilitation of existing ones.
These zones have played a crucial role in stabilizing and revitalizing neighborhoods, creating more
housing opportunities for moderate-income residents, and attracting private developer investment.
The incentive is designed to increase the housing supply in core neighborhoods and stimulate
additional investments by current homeowners.

Prior to the proposed adjustments, some housing developments were unable to benefit from this
initiative due to the location of existing NEZ boundaries. The removal of certain areas from the NEZ
districts reflects changes in zoning, excluding areas no longer designated for residential use, such as
creeks and schools, or areas benefiting from alternative incentives. This includes neighborhoods with
few or no vacant lots, or where no active NEZ districts currently exist. Additionally, we plan to remove
the NEZ designation in the Port City Industrial Park. Originally, this NEZ was intended to take
advantage of the Michigan Economic Growth Authority (MEGA) program, which is no longer offered.
Although no record of a resolution approving a district in the Port City Industrial Park can be found,
we seek to comply with the Muskegon County Assessor's office.

State law allows for up to 15% of the total acreage within the boundaries of a local government unit
to be designated as NEZs. Properties within the updated NEZ districts will be eligible to apply for NEZ
certificates, which reduce residential property taxes on newly constructed or rehabilitated homes.
Notice letters were sent to the affected taxing jurisdictions on October 10, 2024, and a public hearing
was held on October 22, 2024. In accordance with state law, the resolution must be adopted no
sooner than 60 days after the notice letters were sent.

Goal/Focus Area/Action Item Addressed:

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




                                                                                           Page 184 of 262
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Improved community vibrancy through
infill development

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

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

Recommended Motion:
I move to approve the amendment to the Neighborhood Enterprise Zone (NEZ) Districts, as
requested. This includes the expansion of Neighborhood Enterprise Zone Districts to encourage new
and rehabilitated housing, while removing areas no longer zoned for residential use.

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

Information
Technology
Other Division Heads
Communication
Legal Review




                                                                                       Page 185 of 262
Existing City of Muskegon NEZ Map

    Rehab and New Construction NEZ

    New Construction NEZ

    Port City Industrial Center NEZ Boundary




                                               Page 186 of 262
Proposed City of Muskegon NEZ Map

    Existing Rehab and New Construction NEZ

    Existing New Construction NEZ

    To be Removed From NEZ Boundary

    To be Added to Rehab and New Construction NEZ




                                                    Page 187 of 262
Proposed City of Muskegon NEZ Map

    Proposed Rehab and New Construction NEZ

    Proposed New Construction NEZ




                                              Page 188 of 262
              NEIGHBORHOOD ENTERPRISE ZONE (NEZ)
  The Neighborhood Enterprise Zone (NEZ) program was                        contiguous. Minimum number of parcels and maximum
  established by Public Act 147 of 1992, as amended. The program            percent of acreage vary depending on type of designation.
  provides a tax incentive for the development and rehabilitation        2. Written notice is provided to the assessor and to the governing
  of residential housing. A qualified local unit of government may          body of each taxing unit not less than 60 days before passing
  designate one or more areas as a NEZ within that local unit of            the resolution designating a NEZ.
  government. The program was established to spur the development        3. The governing body makes a finding that the proposed NEZ is
  and rehabilitation of residential housing in communities where it         consistent with the master plan, neighborhood preservation and
  may not otherwise occur. The program also encourages owner-               economic development goals of the local governmental unit.
  occupied housing and new investment in communities.                    4. The governing body adopts a statement of the local unit of
                                                                            government’s goals, objectives and policies relative to the
  Note: This document is offered as a general guide only and the            maintenance, preservation, improvement and development of
  legislation should be reviewed by local officials.                        housing for all persons regardless of income level living within
                                                                            the proposed NEZ.
  WHO IS ELIGIBLE?                                                       5. The governing body passes a housing inspection ordinance that,
  A qualified local unit of government, as defined under Section 2          at a minimum, requires that before the sale of a unit in a new
  of the Obsolete Property Rehabilitation Act 2000 PA 146, or a             or rehabilitated facility for which a NEZ certificate is in effect,
  county seat.                                                              an inspection is made of the unit to determine compliance with
                                                                            any local construction or safety codes and that a sale may not be
  HOW DOES IT WORK?                                                         finalized until there is compliance with those local codes.
  A community will reduce the taxes on property for up to 15             6. The governing body holds a public hearing not later than
  years in designated areas to promote the revitalization of those          45 days after the date the notice is sent but before acting
  neighborhoods. Developers and owners must first seek approval             upon resolution.
  for the NEZ benefits before starting a project. There are two          7. Assessor determines and furnishes the governing body the
  different types of projects that can be undertaken in an NEZ:             amount of true cash value of the property located within the
  • A rehabilitated facility is defined as an existing structure or a       proposed NEZ and any other information considered necessary
    portion of an existing structure with a current true cash value         by the governing body.
    of $80,000 or less per unit that has or will have as its primary     8. The clerk of the governing body notifies the state tax
    purpose residential housing consisting of 1–8 units.                    commission of resolution passage, including a copy of the
  • A new facility is defined as a new structure or portion of a new        resolution and a listing of each parcel located in the NEZ,
    structure that has as its primary purpose residential housing           showing parcel code numbers and addresses.
    consisting of one or two units, one of which will be owner
    occupied as a principal residence. This definition includes a new    Owner/developer process for obtaining a NEZ certificate
    individual condominium unit, in a structure with one or more         1. An owner or developer (or prospective owner or developer)
    condominium units, that has as its primary purpose residential          of a proposed new facility or proposing to rehab property
    housing which will be owner-occupied as a principal residence.          in a NEZ files an application for an NEZ certificate with the
    Except when project meets all of the following items, a new             clerk of the local government. The application must be filed
    facility does not include apartments:                                   before a building permit is issued for the new construction
  • Rented or leased or is available for rent or lease.                     or rehabilitation of the facility, unless they qualify for the
  • A mixed-use building or located in a mixed use building that            exceptions provided for in Section 4 (2) of the Act.
    contains retail business space on street level floor.                2. An owner/developer obtains a building permit and submits a
  • Located in a qualified downtown district (Downtown Development          copy to the local unit of government
    Authority, Principal Shopping District or boundaries identified by   3. Upon project completion, the property owner must submit to
    the local government in an area zoned and primarily used                the local unit of government the following:
    for business).                                                           » New Facility/Homestead Facility—certificate of occupancy
                                                                               and/ or an affidavit executed by the owner affirming that the
  WHAT IS THE PROCESS?                                                         facility is occupied by the owner as a principal residence.
  Local government process to designate a NEZ                                » Rehabilitated Facility—an affidavit executed by the owner
  1. The governing body of a qualified local unit of government by             affirming that the facility is occupied by the owner as a
     resolution may designate one or more NEZs within that local               principal residence, a certificate that the improvements have
     governmental unit. The NEZ must contain, at a minimum,                    met the minimum cost requirements and the local building
     platted parcels of land and the land must be compact and                  code standards issued by the local building inspector, and


©2020 Michigan Economic Development Corporation                                                                               4755-200127 | 09.20
                                                                                                                               Page 189 of 262
        a certificate of occupancy if required by the local building           » The NEZ tax is not paid or property tax is not paid.
        permits or codes.                                                      » The structure is not in compliance with local construction,
  4. The local government will forward an application approved by                building or safety codes.
     resolution and the appropriate documentation (building permit,         • Requests for certificate revocation must be made to the State Tax
     resolution contractor estimates, legal description and parcel            Commission.
     number) to the state tax commission within 60 days of receiving it.
  5. The State Tax Commission will issue a certificate to the               NEZ Tax
     applicant if it is determined that the facility complies with the      • The NEZ tax is levied on NEZ certificate holders in place of ad
     NEZ program requirements within 60 days of receipt of the                valorem real property taxes on the new or rehabilitated facility
     complete application from local government. Copies of the                (not on the land on which the facility is located). The property
     certificate will be sent to the applicant, assessor’s office and         taxes levied on the land will continue to be collected as they
     each affected taxing unit.                                               would without the NEZ designation.
                                                                            • The NEZ tax is an annual tax payable at the same time, and
  Rehabilitation cost requirements                                            in the same way, taxes under the general property tax act are
  • Improvements, if done by a licensed contractor, are estimated             collected.
    at more than $5,000 per owner-occupied unit or 50 percent of            • Until paid, the NEZ tax is a lien on the real property upon which
    the true cash value (whichever is less), or $7,500 per non-owner-         the new facility or rehabilitated facility subject to the certificate
    occupied unit or 50 percent of the true cash value (whichever             is located.
    is less).                                                               • School taxes are reimbursed by the state.
  • If the owner proposes improvements that would be done by the
    owner, the cost of the materials must be in excess of $3,000 per        New facility property tax calculation
    owner-occupied unit or $4,500 per non-owner-occupied unit.              • Financial Residence Property: Apply one-half of the previous
    Improvements estimated by the owner should not include the                year’s state average principal residence millage rate to the value
    cost of labor.                                                            of the facility.
  • These improvements must bring the structure into conformance            • Non-principal Residence Property: Apply one-half of the
    with minimum building code standards. A rehabilitated facility            previous year’s state average non-principal residence millage rate
    does not include a facility rehabilitated with the proceeds of an         to the taxable value of the facility
    insurance policy for property or casualty loss.                         • The NEZ tax on new construction attached to an existing
                                                                              facility will only apply to the addition. The rest of the facility will
  NEZ certificate                                                             continue to be assessed regular property taxes.
  • The NEZ certificate becomes effective December 31 of the year
    the new facility or rehabilitated facility is substantially completed   Rehabilitated facility tax calculation
    and for a new facility occupied by an owner as a principal              • Apply the current total millage rate to the previous year’s taxable
    residence; or if a new facility is substantially completed in a year      value of the rehabilitated portion of the facility (not including
    but is not occupied by an owner as a principal residence until            the land).
    the following year, upon the request of the owner, the effective
    date of the NEZ shall be December 31 in the year immediately            WHY WOULD A COMMUNITY
    preceding the date of occupancy by the owner as a principal             WANT TO ESTABLISH A NEZ?
    resident; or upon the request of the owner, the effective date of       A Neighborhood Enterprise Zone provides a tax incentive for
    the NEZ for a rehabilitated facility shall be December 31 in the        the development and rehabilitation of residential housing and to
    year immediately preceding the date on which the rehabilitated          spur the development and rehabilitation of residential housing
    facility is substantially completed.                                    in communities where it may not otherwise occur. A NEZ
  • Certificates are effective for up to 17 years, depending on the         also promotes neighborhood revitalization, encourages owner
    local government unit and the type of project.                          occupied housing and new investment by lowering property taxes.
  • A certificate can be transferred to succeeding property owners
    within the 12 years provided that the new owner meets the NEZ           SUPPORTING STATUTE
    requirements for the program.                                           Neighborhood Enterprise Zone Act: Public Act 147 of 1992
  • A certificate expires if an owner fails to complete the filing
    within two years after the certificate is issued.                       CONTACT INFORMATION
  • A certificate is automatically revoked if any one of the following      For more information, contact the Community Assistance
    exists:                                                                 Team (CAT) specialist assigned to your territory or visit
     » The new facility is no longer a homestead or residential             www.miplace.org.
       facility.



©2020 Michigan Economic Development Corporation                                                                                    4755-200127 | 09.20
                                                                                                                                     Page 190 of 262
                                          Resolution No. ________

                                   MUSKEGON CITY COMMISSION

 RESOLUTION TO CREATE AND AMEND NEIGHBORHOOD ENTERPRIZE ZONE DISTRICTS
                      WITHIN THE CITY OF MUSKEGON


WHEREAS, the City of Muskegon currently has established Neighborhood Enterprise Zone districts within the
City pursuant to Public Act 147 of the Michigan Public Acts of 1992, and;

WHEREAS, the City of Muskegon would like to amend existing Neighborhood Enterprise Zone districts to new
locations within the City, and;

WHEREAS, the City of Muskegon would like to remove certain areas from the Neighborhood Enterprise Zone
and;

WHEREAS, notices were sent to the local taxing jurisdictions on October 10, 2024, and;

WHEREAS, a public hearing was held regarding the creation of this new district on October 22, 2024 at a
regular commission meeting of the City of Muskegon; and;

WHEREAS, the old district boundaries will include properties as shown in Exhibit A, and;

WHEREAS, the new and removed boundaries will include properties as shown in Exhibit B, and;

WHEREAS, the total square footage of Neighborhood Enterprise Zone districts in Muskegon will not exceed
15% of the total square footage of the City pursuant to the Act;

NOW, THEREFORE, BE IT RESOLVED that the new Neighborhood Enterprise Zone districts in the City of
Muskegon have been approved.


Adopted this 22th day of October, 2024.

Ayes:

Nays:

Absent:
                                                  By: __________________________
                                                      Ken Johnson, Mayor


                                                  Attest: _________________________
                                                          Ann Meisch
                                                          City Clerk




                                                                                                 Page 191 of 262
                                             CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City
Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on October 22,
2024.

                                                                           By: ________________________
                                                                                   Ann Meisch
                                                                                    City Clerk




                                                                                                Page 192 of 262
Existing City of Muskegon NEZ Map

    Rehab and New Construction NEZ             Exhibit A
    New Construction NEZ

    Port City Industrial Center NEZ Boundary




                                                           Page 193 of 262
                                                    Exhibit B
Proposed City of Muskegon NEZ Map

    Existing Rehab and New Construction NEZ

    Existing New Construction NEZ

    To be Removed From NEZ Boundary

    To be Added to Rehab and New Construction NEZ




                                                                Page 194 of 262
Proposed City of Muskegon NEZ Map

    Proposed Rehab and New Construction NEZ

    Proposed New Construction NEZ




                                              Page 195 of 262
                          Agenda Item Review Form
                          Muskegon City Commission
Commission Meeting Date: October 22, 2024             Title: Public Hearing, Brownfield Plan
                                                      Amendment- Muskegon Midtown Center LLC,
                                                      1095 3rd St.

Submitted by: Contessa Alexander, Development         Department: Economic Development
Analyst

Brief Summary:
Muskegon Midtown Center, LLC has submitted a Brownfield Plan Amendment for the redevelopment
of 1095 3rd Street. The project involves the rehabilitation and expansion of a vacant and blighted
office building into a mixed-use commercial and residential facility. This redevelopment will bring the
property back onto the tax rolls, provide much-needed housing, create temporary and long-term
jobs, and contribute to the economic development of Muskegon.

Detailed Summary & Background:
The project site consists of two adjacent parcels, currently blighted and vacant, located at 1095 3rd
Street. Historically used for retail and office purposes, the property was acquired by the developer in
July 2024. The redevelopment includes residential apartments, commercial spaces, and site
improvements. Construction began in Summer 2024, with completion anticipated by Winter 2025. The
private investment is estimated at $11,181,000, with the creation of 30 full-time equivalent (FTE) jobs
expected within two years of project completion.

Eligible activities for reimbursement through the Brownfield Plan include environmental assessments,
site demolition, preparation, architecture, and engineering work. Specific activities are as follows:

     •   Phase I ESA/Baseline Environmental Assessment: $31,978
     •   Site Demolition: $250,000
     •   Site Preparation: $86,500
     •   Architecture and Engineering Fees: $245,000
     •   Brownfield Plan Development: $10,000

Administrative costs of the CMBRA, calculated as 10% of total eligible activities, are estimated at
$62,547.80. Interest expenses at 5.00% are also eligible for reimbursement. The capture period is set for
30 years plus an additional 5 years for the brownfield redevelopment loan fund.

Total Potential Eligible Activity Costs: $688,025.80 (inclusive of contingencies, financing costs, and
administrative fees).

The Development and Reimbursement Agreement is included in this plan. The following are the key
highlights from the agreement:

Reimbursement Source:
The Developer and the City will be reimbursed for the costs of approved Eligible Activities (such as
demolition, site preparation, and infrastructure improvements) through Brownfield Tax Increment
Financing (TIF) Revenue. This revenue is generated from increases in property taxes on the


                                                                                              Page 196 of 262
redeveloped property.
Reimbursement Process:
Both the Developer and the City must submit reimbursement requests to the Authority, accompanied
by the required documentation.
The Authority will review and either approve or dispute the reimbursement request within 30 days.
Payments will be made as tax revenues become available.
If there is insufficient revenue to cover the full reimbursement in any period, the remaining amount will
be paid in subsequent periods as additional revenue becomes available.
Term of Agreement:
The agreement will continue until the Developer and the City have been fully reimbursed or until
December 31, 2060, whichever occurs first. After this date, any remaining captured tax revenue will
be used to fund a Brownfield Revolving Loan Program.
Legislative Authorization:
This agreement is governed by Act 381, and any changes in the law that affect Brownfield TIF
capture or eligible activities will adjust the agreement accordingly.
Assignment:
The rights and obligations under this agreement cannot be transferred without the consent of the
other parties, except that the Developer and the City may assign their interests to affiliates for
financing purposes.
Miscellaneous Provisions:
The agreement includes standard legal provisions regarding the handling of notices, governing law
(Michigan), and the execution of the agreement in counterparts.

The Brownfield Redevelopment Authority has reviewed and approved this plan on October 10, 2024
and recommends that the City Commission consider adopting it.

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:
I move that the City Commission approve the Brownfield Redevelopment Plan for the property
located at 1095 3rd St., and authorize the Mayor and City Clerk to sign.

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

Information
Technology



                                                                                               Page 197 of 262
Other Division Heads
Communication
Legal Review           X




                           Page 198 of 262
Page 199 of 262
Page 200 of 262
    CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY




BROWNFIELD PLAN AMENDMENT FOR MUSKEGON MIDTOWN CENTER, LLC
               1095 3rd Street, Muskegon, Michigan



                       October 7, 2024




           Prepared By Muskegon Midtown Center, LLC




                                                             Page 201 of 262
PROJECT NAME
1095 3rd Street Redevelopment

DEVELOPER
Muskegon Midtown Center, LLC

ELIGIBLE PROPERTY LOCATION
1095 3rd Street, Muskegon, MI 49441

TYPE OF ELIGIBLE PROPERTY
Blighted

SUBJECT PROJECT DESCRIPTION
The subject project is located on two adjacent parcels. Parcel 1 (61-24-205-350-0009-00) is currently a vacant
and blighted office building with an asphalt covered parking lot. Parcel 2 (61-24-205-350-0001-00) is
currently an asphalt covered parking lot. Muskegon Midtown Center, LLC will redevelop the two parcels as
a mixed-use commercial/residential facility. The initial phase of redevelopment will consist of the
rehabilitation and expansion of the existing building for apartments and commercial spaces as well as
surrounding site improvements.

The proposed project included in this Brownfield Plan will benefit the local community by bringing a
previously-blighted vacant publicly-owned property back onto the tax rolls. The property will generate tax
revenues and provide much-needed housing for the City of Muskegon. The project also includes temporary
job creation for construction of the facility and long-term job creation for commercial spaces.

The subject property is currently a blighted vacant office building with an asphalt covered parking lot.
According to historic sources, the subject property has been used for both retail and office over the past 100
years. City of Muskegon records indicate that the subject property was purchased by the city in 2020.

Muskegon Midtown Center, LLC acquired the subject property from the City of Muskegon in September of
2024. Environmental assessments have already been performed and construction is scheduled to begin in
the Fall of 2024. Redevelopment is anticipated to be complete by the Winter of 2025. The private investment
is estimated at $11,181,000. Muskegon Midtown Center, LLC anticipates the creation of thirty full-time
equivalent (FTE) jobs within two years of project completion. No FTE jobs will be retained as the property is
currently vacant.

ELIGIBLE ACTIVITIES
Specific costs to be paid for with tax increment revenues are detailed in Table 1 and described below.
Eligible costs for reimbursement include a Phase I ESA and a Baseline Environmental Assessment (BEA) at a
cost of $33,978 (including $12,978 that the Developer will reimburse to Greater Muskegon Economic
Development (GMED) under a separate agreement between the Developer and GMED).

The project also includes “non‐environmental costs” that are eligible for reimbursement through the
Brownfield Plan. Specific non‐environmental eligible costs include, site demolition activities, site preparation
activities, and certain architecture and engineering fees.

Site demolition will include removal of the building façade and the removal of asphalt parking lot on western
portions of the site for the building expansion at a combined cost of $250,000.



                                                                                                       Page 202 of 262
Site preparation activities will include: the transport and disposal of soils that are unsuitable for construction
($50,000); backfill of the removed soil ($25,000); staking ($4,000); temporary erosion control ($3,000); and
temporary fencing ($5,000).

Architecture and engineering fees are estimated at $245,000.

The development of the Brownfield Plan is an eligible activity, estimated at a proposed cost of $10,000.

The Plan also includes Administrative Costs of the CMBRA. For the purposes of this Plan the Administrative
Costs of the CMBRA were projected by calculating 10% of the cost of total eligible activities inclusive of
contingencies. The capture of tax increment for Administrative Costs will be reimbursed as “City Eligible
Expenses,” and will not exceed 10% of eligible activities inclusive of contingencies.

Interest expense is an eligible expense and is included in this Brownfield Plan at 5.00%.

The total potential brownfield eligible activity costs—including contingencies, financing costs, administrative
fees, preparation of the Brownfield Plan and Act 381 Work Plan — are estimated at $868,728.00.

DEVELOPER’S REIMBURSABLE COSTS
Table 1

              Expense Category                                   Reimbursement Amount
              Phase 1 / BEA                                            $33,978.00
              Site Demolition                                         $250,000.00
              Site Preparation                                         $86,500.00
              Engineering                                             $245,000.00
              Plan Development                                         $10,000.00
              Developer Total                                         $625,478.00
              City Eligible Expenses                                   $62,547.80
              Grand Total                                             $688,025.80

MAXIMUM DURATION OF CAPTURE
30 years plus 5 additional years by the Brownfield Authority to fund the Brownfield Revolving Loan Fund

ESTIMATED TOTAL CAPITAL INVESTMENT
$11,181,000

INITIAL TAXABLE VALUE
$0 (City & County Owned)

EFFECTIVE DATE OF INCLUSION IN THE BROWNFIELD PLAN
The Muskegon Midtown Center project was added to this Plan on                                     , 2024 and
will be amended accordingly upon adoption of this Plan Amendment.

METHOD OF FINANCING ADVANCES BY MUNICIPALITY
Eligible costs will be reimbursed through tax increment financing and other leveraged incentives. Eligible
activities do include interest expense (financing costs). Interest will be calculated at 5.00% annually on



                                                                                                         Page 203 of 262
unreimbursed principal costs. Simple interest will be paid after all principal is paid. The costs are approved
for reimbursement with local tax increment revenues.

No advances by the municipality have been made or are anticipated.

MAXIUM AMOUNT OF NOTE OR BONDED INDEBTEDNESS
At this time, there are no plans by the Authority to incur indebtedness to support development of this site,
but such plans could be made in the future to assist in the development if the Authority so chooses.

ESTIMATED IMPACT OF TIF ON REVENUES OF TAXING JURISDICTIONS
The estimated amount of tax increment revenues to be captured for this redevelopment from each taxing
jurisdiction by year and in aggregate is presented as Table 2.

LEGAL DESCRIPTION
The property subject to this Brownfield Plan consists of two parcels. The tax identification number of the
parcels are:

Parcel 1: 61-24-205-350-0009-00; and
Parcel 2: 61-24-205-350-0001-00.

The legal description for the parcels is as follows:

Parcel 1: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 9 EX W 15 FT TH'OF LOT
10 11 12 ALL LOT 13 EX A TRI PIECE IN SECOR SD LOT COMM AT SECOR
TH N 3.85 FT TH SWLY TO A PT ON THE SELY LN LOT 13 3.85 FT W OF
POB TH 3.85 FT TO POB BLK 350; and

Parcel 2: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1 BLK 350

The property meets the definition of a “brownfield” as defined by Public Act 381

ESTIMATES OF RESIDENTS AND DISPLACEMENT OF FAMILIES
The property is a vacant office building. Therefore, there are no plans for displacement of families

PLAN FOR RELOCATION OF DISPLACED PERSONS
Not applicable.

PROVISIONS FOR RELOCATION COSTS
Not applicable.

STRATEGY FOR COMPLIANCE WITH MICHIGAN’S RELOCATION ASSISTANCE LAW
Not applicable.

OTHER MATERIAL THAT THE AUTHORITY OR GOVERNING BODY CONSIDERS PERTINENT
Not applicable.




                                                                                                       Page 204 of 262
                                 DEVELOPMENT AND REIMBURSEMENT AGREEMENT

This DEVELOPMENT AND REIMBURSEMENT AGREEMENT (the "Agreement") is made on _________, 2024, by and
among the CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY, a Michigan public body corporate
whose address is 933 Terrace Street, Muskegon, Michigan 49440 (the "Authority"), the CITY OF MUSKEGON, a
public body corporate whose address is 933 Terrace Street, Muskegon, Michigan 49440 (the "City"), and
MUSKEGON MIDTOWN CENTER, LLC, a Michigan limited liability company whose address is 700 Terrace Pointe
Drive, Suite 200, Muskegon, Michigan 49440 (the "Developer").

RECITALS

    A.     Pursuant to P.A. 381 of 1996, as amended ("Act 381"), the Authority approved and recommended a
Brownfield Plan which was duly approved by the City (the “Plan''). The Plan was amended on _______________
(the “Amendment” and, together with the Plan, the "Brownfield Plan") to identify a new redevelopment project
proposed by the Developer.

    B.      The Brownfield Plan includes specific eligible activities associated with the Developer’s plan to
redevelop land located at 1095 3rd Street and 301 W Muskegon Avenue in Muskegon, Michigan (collectively, the
"Property").

    C.       The Developer owns the Property, which is included in the Brownfield Plan as an “eligible property.”

    D.      The Property is not currently included any other Tax Increment Finance District that would have claim
to the tax increment created on the Property, including the Muskegon Downtown Development Authority TIF
District.

     E.       The Developer intends to conduct eligible activities on the Property in order to develop the site into
a mix-use residential and commercial building (the "Project"); including demolition, site preparation,
infrastructure improvements, and brownfield plan/work plan preparation and development, as described in the
Brownfield Plan, with an estimated cost of $612,500, plus interest at the current Applicable Federal Rate (the
"Developer Eligible Activities As part of the Project, the City also intends to conduct certain activities as described
in the Brownfield Plan, with an estimated cost of $61,250, plus interest at the current Applicable Federal Rate (the
"City Eligible Activities"). All of the Developer Eligible Activities and the City Eligible Activities (together, the "Eligible
Activities")' are eligible for reimbursement under Act 381. The total cost of the Eligible Activities, including
contingencies, are not to exceed $673,500, plus interest calculated annually at the Applicable Federal Rate (the
"Total Eligible Brownfield TIF Costs").

     F.      Act 381 permits the Authority to capture and use local property tax revenues generated from the
incremental increase in property value of a redeveloped brownfield site constituting an "eligible property" under
Act 381 (the "Brownfield TIF Revenue") to pay or to reimburse the payment of Eligible Activities conducted on the
"eligible property.” The Brownfield TIF Revenue will be used to reimburse the Developer for the Developer Eligible
Activities and the Brownfield Authority for the Brownfield Authority Eligible Activities incurred and approved for
the Project.

    G.       Act 381 permits the Authority to capture local property tax revenues for an additional five (5) years
after the reimbursement of Eligible Activities to create and fund a Brownfield Revolving Loan Program.

     H.      In accordance with Act 381, the parties desire to establish the procedure for using the available
Brownfield TIF Revenue generated from the Property to reimburse the Developer and the City for completion of
Eligible Activities on the Property in an amount not to exceed the Total Eligible Brownfield TIF Costs.




                                                                                                                     Page 205 of 262
NOW, THERFORE, the parties agree as follows:

1. Reimbursement Source.

     (a)     During the Term (as defined below) of this Agreement, and except as set forth in Paragraph 2 below,
 the Authority shall reimburse the Developer and City for the costs of their Eligible Activities conducted on the
 Property from the Brownfield TIF Revenue collected from the real and personal property taxes on the Property.
 The amount reimbursed to the Developer and City, respectively, for their Eligible Activities shall not exceed the
 Total Eligible Brownfield TIF Costs, and reimbursements shall be made on a pro rata basis of approved
 costs submitted and approved in connection with the Developer Eligible Activities and the City Eligible Activities,
 as follows:

            i.    for any period for which both the Developer and the City request reimbursement for Eligible
                  Activities, the Authority shall pay 95% of available Brownfield TIF Revenue to the Developer to
                  reimburse the costs of Developer Eligible Activities submitted for that period, and pay 5% of
                  available Brownfield TIF Revenue to the City to reimburse the costs of City Eligible Activities
                  submitted during that period; and

            ii.   for any period for which the Developer or the City have Eligible Activities submitted and
                  approved for reimbursement by the Authority that are less than the available Brownfield TIF
                  Revenue, the Authority may use the Brownfield TIF Revenue to first pay the lesser of the Eligible
                  Activities and use the balance of the Brownfield TIF Revenue to reimburse the other party.

                  Notwithstanding Paragraph 1(a)(i), as an example if the Developer has approved eligible
                  expenses of $100, Brownfield Authority has approved eligible expenses of $10 and BRA captures
                  $20, then Brownfield Authority will be paid in full and the balance shall be paid to the Developer.

      (b)     The Authority shall capture Brownfield TIF Revenue from the Property and reimburse the Developer
and City for their Eligible Activities until the earlier of the City and Developer each being fully reimbursed, with
interest, or December 31, 2060. Unless otherwise prepaid by the Authority, payments to the City and Developer
shall be made on an annual basis as incremental local taxes are captured and available.

     (c)     After the earlier of the City and Developer each being fully reimbursed, with interest, or December
31, 2060, the Authority shall continue to capture Brownfield TIF Revenue from the Property for five (5) years to
create and/or fund a Brownfield Revolving Loan Program.

2. Developer Reimbursement Process.

     (a)    The Developer shall submit to the Authority; not more frequently than on a quarterly basis, a "Request
for Cost Reimbursement" for Developer Eligible Activities paid for by the Developer during the prior period. All
costs for the Developer Eligible Activities must be consistent with the approved Brownfield Plan. The Developer
must include documentation sufficient for the Authority to determine whether the costs incurred were for
Developer Eligible Activities, including detailed invoices and proof of payment. Copies of all invoices for Developer
Eligible Activities must note what Developer Eligible Activities they support.

    (b)     Unless the Authority disputes whether such costs are· for Developer Eligible Activities within thirty (30)
days after receiving a Request for Cost Reimbursement from the Developer, the Authority shall pay the Developer
the amounts for which submissions have been made pursuant to paragraph 2(a) of this Agreement, from which
the submission may be wholly or partially paid from available pro rata Brownfield TIF Revenue from the Property.




                                                                                                            Page 206 of 262
       i.   The Developer shall cooperate with the Authority's review of its Request for Cost Reimbursement by
             providing supplemental information and documentation which may be reasonably requested by the
             Authority.
      ii.   If the Authority determines that requested costs are ineligible for reimbursement, the Authority shall
             notify the Developer in writing of its reasons for such ineligibility within the Authority's thirty (30) day
             period of review. The Developer shall then have thirty (30) days to provide supplemental information
             or documents to the Authority demonstrating that the costs are for Developer Eligible Activities and
             are eligible for reimbursement.

    (c)     If a partial payment is made to the Developer by the Authority because of insufficient Brownfield TIF
Revenue captured in the semi-annual period for which reimbursement is sought, the Authority shall make
additional payments toward the remaining amount within thirty (30) days of its receipt of additional Brownfield
TIF Revenue from the Property until all of the amounts for which submissions have been made have been fully
paid to the Developer, or by the end of the Term (as defined below), whichever occurs first. The Authority is not
required to reimburse the Developer from any source other than Brownfield TIF Revenue.

    (d)   The Authority shall send all payments to the Developer by registered or certified mail, addressed to
the Developer at the address shown above, or by electronic funds transfer directly to the Developer's bank
account. The Developer may change its address by providing written notice sent by registered or certified mail to
the Authority.

3. City Reimbursement Process.

     (a)    The City shall submit to the Authority, not more frequently than on a quarterly basis, a “Request for
Cost Reimbursement" for City Eligible Activities paid for by the City during the prior period. All costs for the City
Eligible Activities must be consistent with the approved Brownfield Plan. The City must include documentation
sufficient for the Authority to determine whether the costs incurred were for City Eligible Activities, including
detailed invoices and proof of payment. Copies of all invoices for City Eligible Activities must note what City Eligible
Activities they support.

    (b)     Unless the Authority disputes whether such costs are for City Eligible Activities within thirty (30) days
after receiving a Request for Cost Reimbursement from the City, the Authority shall pay the City the amounts for
which submissions have been made pursuant to paragraph 3(a) of this Agreement, from which the submission
may be wholly or partially paid from available pro rata Brownfield TIF Revenue from the Property.

       i.   The City shall cooperate with the Authority's review of its Request for Cost Reimbursement by
             providing supplemental information and documentation which may be reasonably requested by the
             Authority.
      ii.   If the Authority determines that requested costs are ineligible for reimbursement, the Authority shall
             notify the City in writing of its reasons for such ineligibility within the Authority's thirty (30) day period
             of review. The City shall then have thirty (30) days to provide supplemental information or documents
              to the Authority demonstrating that the costs are for City Eligible Activities and are eligible for
              reimbursement.

    (c)     If a partial payment is made to the City by the Authority because of insufficient Brownfield TIF Revenue
captured in the semi-annual period for which reimbursement is sought, the Authority shall make additional
payments toward the remaining amount within thirty (30) days of its receipt of additional Brownfield TIF Revenue
from the Property until all of the amounts for which submissions have been made have been fully paid to the City,
or by the end of the Term (as defined below), whichever occurs first. The Authority is not required to reimburse
the City from any source other than Brownfield TIF Revenue.




                                                                                                                 Page 207 of 262
    (d)    The Authority shall send all payments to the City by registered or certified mail, addressed to the City
at the address shown above, or by electronic funds transfer directly to the City's bank account. The City may
change its address by providing written notice sent by registered or certified mail to the Authority.

4. Term of Agreement.

The Authority's obligation to reimburse the City and Developer for the Total Eligible Brownfield TIF Costs incurred
by each party under this Agreement shall terminate the earlier of the date when all reimbursements to the City
and Developer required under this Agreement have been made or December 31, 2060 (the "Term"). If the
Brownfield TIF Revenue ends before all of the Total Eligible Brownfield TIF Costs have been fully reimbursed to
the City and Developer, the last reimbursement payment by the Authority shall be paid from the summer and
winter tax increment revenue collected during the final year of this Agreement.

5. Adjustments.

If, due to an appeal of any tax assessment or reassessment of any portion of the Property, or for any other reason,
the Authority is required to reimburse any Brownfield TIF Revenue to any tax levying unit of government, the
Authority may deduct the amount of any such reimbursement, including interest and penalties, from any amounts
due and owing to the Developer and City on a pro rata basis. If all amounts due to the City and Developer under
this Agreement have been fully paid or the Authority is no longer obligated to make any further payments to the
City or Developer, the Authority shall invoice the Developer and City for the amount of such reimbursement on a
pro rata basis and the Developer and City shall pay the Authority such invoiced amount within thirty (30) days of
the receipt of the invoice. Amounts withheld by or invoiced and paid to the Authority by the Developer and City
pursuant to this paragraph shall be reinstated as Developer Eligible Activities and City Eligible Activities,
respectively, for which the Developer and City shall have the opportunity to be reimbursed in accordance with the
terms, conditions, and limitations of this Agreement. Nothing in this Agreement shall limit the right of the
Developer to appeal any tax assessment.

6. Legislative Authorization.

This Agreement is governed by and subject to the restrictions set forth in Act 381. If there is legislation enacted in
the future that alters or affects the amount of Brownfield TIF Revenue subject to capture, eligible property, or
Eligible Activities, then the Developer's and City's rights and the Authority's obligations under this Agreement shall
be modified accordingly as required by law, or by agreement of the parties.

7. Notices.

All notices shall be given by registered or certified mail addressed to the parties at their respective addresses as
shown above. Any party may change the address by written notice sent by registered or certified mail to the other
party.

8. Assignment.

This Agreement and the rights and obligations under this Agreement shall not be assigned or otherwise
transferred by any party without the consent of the other party, which shall not be unreasonably withheld,
provided, however, the Developer and City may assign their interest in this Agreement to an affiliate without the
prior written consent of the Authority if such affiliate acknowledges its obligations to the Authority under this
Agreement upon assignment in writing on or prior to the effective date of such assignment, provided, further, that
the Developer and City may each make a collateral assignment of their pro rata share of the Brownfield TIF




                                                                                                            Page 208 of 262
Revenue for project financing purposes. As used in this paragraph, "affiliate" means any corporation, company,
partnership, limited liability company, trust, sole proprietorship or other entity or individual which (a) is owned or
controlled by the Developer or City, (b) owns or controls the Developer or City or (c) is under common ownership
or control with the Developer or City. This Agreement shall be binding upon and inure to the benefit of any
successors or permitted assigns of the parties.

9. Entire Agreement.

This Agreement supersedes all agreements previously made between the parties relating to the subject matter.
There are no other understandings or agreements between the parties.

10. Non-Waiver.

No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of
that right, constitutes a waiver of that or any other right, unless otherwise expressly provided herein.

11. Governing Law.

This Agreement shall be construed in accordance with and-governed by the laws of the State of Michigan.

12. 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 instrument.

The Parties have executed this Agreement on the date set forth above.


                                                                CITY OF MUSKEGON BROWNFIELD
                                                                REDEVELOPMENT AUTHORITY



                                                                By: Martha Bottomley
                                                                Its: Chairperson

                                                                CITY OF MUSKEGON



                                                                By: Kenneth D Johnson
                                                                Its: Mayor

                                                                Muskegon Midtown Center, LLC



                                                                By: Frank Peterson
                                                                Its: Member




                                                                                                            Page 209 of 262
                                  CITY OF MUSKEGON
                      BROWNFIELD (Muskegon Midtown Center) 2025-2055
                              LIFETIME CAPTURE AMOUNTS
                                        Table 2

                                                          AMOUNT CAPTURED BY YEAR
                                       Millage Rate         2030          2031
         LOCAL CAPTURE
COUNTY OPERATING                                5.56370          $0.00         $0.00
LIBRARY                                         2.35160          $0.00         $0.00
MAISD                                           4.67730          $0.00         $0.00
COUNTY MUSEUM                                   0.31690          $0.00         $0.00
COUNTY VETS                                     0.07390          $0.00         $0.00
SENIOR CITIZENS                                 0.49210          $0.00         $0.00
CENTRAL DISPATCH                                0.29520          $0.00         $0.00
COMM COLLEGE                                    2.16930          $0.00         $0.00
CITY OPERATING                                  9.85540          $0.00         $0.00
CITY SANITATION                                 2.93640          $0.00         $0.00
      TOTAL LOCAL CAPTURE                      28.73180          $0.00         $0.00

       NON-CAPTURABLE
STATE ED TAX                                    6.00000          $0.00         $0.00
SCHOOL OPERATING                               18.00000          $0.00         $0.00
SCHOOL DEBT 2020                                0.00500          $0.00         $0.00
SCHOOL DEBT 2021                                7.70000          $0.00         $0.00
SINKING                                         0.97120          $0.00         $0.00
LIBRARY DEBT                                    0.49990          $0.00         $0.00
COMM COLLEGE DEBT                               0.27000          $0.00         $0.00
             TOTAL                             33.44610          $0.00         $0.00


                                                                 2030          2031
TV Subject to Capture                                            $0.00         $0.00
Interest Accrual 5%                                              $0.00         $0.00
Payment to Developer                                             $0.00         $0.00
Payment to CMBRA                                                 $0.00         $0.00
Local Brownfield RLF                                             $0.00         $0.00
Balance                                                          $0.00   $688,025.80

Balance - Developer                                                      $625,478.00
Balance - City                                                            $62,547.80




                                                                                       Page 210 of 262
Page 211 of 262
 2032            2033            2034            2035             2036            2037

        $0.00           $0.00           $0.00           $0.00     $22,254.80      $22,811.17
        $0.00           $0.00           $0.00           $0.00      $9,406.40       $9,641.56
        $0.00           $0.00           $0.00           $0.00     $18,709.20      $19,176.93
        $0.00           $0.00           $0.00           $0.00      $1,267.60       $1,299.29
        $0.00           $0.00           $0.00           $0.00       $295.60         $302.99
        $0.00           $0.00           $0.00           $0.00      $1,968.40       $2,017.61
        $0.00           $0.00           $0.00           $0.00      $1,180.80       $1,210.32
        $0.00           $0.00           $0.00           $0.00      $8,677.20       $8,894.13
        $0.00           $0.00           $0.00           $0.00     $39,421.60      $40,407.14
        $0.00           $0.00           $0.00           $0.00     $11,745.60      $12,039.24
        $0.00           $0.00           $0.00           $0.00    $114,927.20     $117,800.38


        $0.00           $0.00           $0.00           $0.00     $24,000.00      $24,600.00
        $0.00           $0.00           $0.00           $0.00     $72,000.00      $73,800.00
        $0.00           $0.00           $0.00           $0.00         $20.00          $20.50
        $0.00           $0.00           $0.00           $0.00     $30,800.00      $31,570.00
        $0.00           $0.00           $0.00           $0.00      $3,884.80       $3,981.92
        $0.00           $0.00           $0.00           $0.00      $1,999.60       $2,049.59
        $0.00           $0.00           $0.00           $0.00      $1,080.00       $1,107.00
        $0.00           $0.00           $0.00           $0.00    $133,784.40     $137,129.01


      2032            2033            2034            2035              2036            2037
      $0.00           $0.00           $0.00           $0.00     $4,000,000.00   $4,100,000.00
 $34,401.29      $36,121.35      $37,927.42      $39,823.79        $41,814.98      $38,681.77
      $0.00           $0.00           $0.00           $0.00      $104,479.27     $107,091.25
      $0.00           $0.00           $0.00           $0.00        $10,447.93      $10,709.13
      $0.00           $0.00           $0.00           $0.00             $0.00           $0.00
$722,427.09     $758,548.44     $796,475.87     $836,299.66      $773,635.37     $705,225.88

$656,751.90     $689,589.50     $724,068.97     $760,272.42      $703,304.88     $641,114.44
 $65,675.19      $68,958.95      $72,406.90      $76,027.24       $70,330.49      $64,111.44




                                                                                         Page 212 of 262
 $21,000.00
$250,000.00
 $86,500.00
$245,000.00
 $10,000.00
$612,500.00
 $61,250.00




              Page 213 of 262
  2038            2039            2040            2041            2042            2043

  $23,381.45      $23,965.99      $24,565.14      $25,179.26      $25,808.75      $26,453.96
   $9,882.60      $10,129.66      $10,382.91      $10,642.48      $10,908.54      $11,181.25
  $19,656.35      $20,147.76      $20,651.46      $21,167.74      $21,696.94      $22,239.36
   $1,331.77       $1,365.07       $1,399.19       $1,434.17       $1,470.03       $1,506.78
    $310.56         $318.33         $326.29         $334.44         $342.81         $351.38
   $2,068.05       $2,119.75       $2,172.75       $2,227.06       $2,282.74       $2,339.81
   $1,240.58       $1,271.59       $1,303.38       $1,335.97       $1,369.37       $1,403.60
   $9,116.48       $9,344.40       $9,578.01       $9,817.46      $10,062.89      $10,314.46
  $41,417.32      $42,452.75      $43,514.07      $44,601.92      $45,716.97      $46,859.89
  $12,340.22      $12,648.73      $12,964.94      $13,289.07      $13,621.30      $13,961.83
 $120,745.39     $123,764.02     $126,858.12     $130,029.58     $133,280.32     $136,612.33


  $25,215.00      $25,845.38      $26,491.51      $27,153.80      $27,832.64      $28,528.46
  $75,645.00      $77,536.13      $79,474.53      $81,461.39      $83,497.93      $85,585.37
      $21.01          $21.54          $22.08          $22.63          $23.19          $23.77
  $32,359.25      $33,168.23      $33,997.44      $34,847.37      $35,718.56      $36,611.52
   $4,081.47       $4,183.50       $4,288.09       $4,395.29       $4,505.18       $4,617.81
   $2,100.83       $2,153.35       $2,207.18       $2,262.36       $2,318.92       $2,376.90
   $1,134.68       $1,163.04       $1,192.12       $1,221.92       $1,252.47       $1,283.78
 $140,557.24     $144,071.17     $147,672.95     $151,364.77     $155,148.89     $159,027.61


        2038            2039            2040            2041            2042            2043
$4,202,500.00   $4,307,562.50   $4,415,251.56   $4,525,632.85   $4,638,773.67   $4,754,743.01
   $35,261.29      $31,535.93      $27,487.09      $23,095.17      $17,748.45      $11,971.85
 $109,768.54     $112,512.75     $115,325.57     $118,208.71     $121,163.92     $124,193.02
   $10,976.85      $11,251.27      $11,532.56      $11,820.87      $12,116.39      $12,419.30
        $0.00           $0.00           $0.00           $0.00           $0.00           $0.00
 $630,718.64     $549,741.83     $461,903.35     $354,968.94     $239,437.07     $114,796.60

 $573,380.58     $499,765.30     $419,912.14     $322,699.03     $217,670.06     $104,360.54
  $57,338.06      $49,976.53      $41,991.21      $32,269.90      $21,767.01      $10,436.05




                                                                                         Page 214 of 262
Page 215 of 262
  2044             2045             2046             2047             2048             2049

  $27,115.31       $27,793.20       $28,488.03       $29,200.23       $29,930.23       $30,678.49
  $11,460.79       $11,747.30       $12,040.99       $12,342.01       $12,650.56       $12,966.83
  $22,795.34       $23,365.23       $23,949.36       $24,548.09       $25,161.79       $25,790.84
   $1,544.45        $1,583.06        $1,622.64        $1,663.20        $1,704.78        $1,747.40
    $360.16          $369.16          $378.39          $387.85          $397.55          $407.49
   $2,398.30        $2,458.26        $2,519.72        $2,582.71        $2,647.28        $2,713.46
   $1,438.69        $1,474.66        $1,511.52        $1,549.31        $1,588.04        $1,627.75
  $10,572.33       $10,836.63       $11,107.55       $11,385.24       $11,669.87       $11,961.62
  $48,031.39       $49,232.18       $50,462.98       $51,724.56       $53,017.67       $54,343.11
  $14,310.87       $14,668.64       $15,035.36       $15,411.25       $15,796.53       $16,191.44
 $140,027.63      $143,528.32      $147,116.53      $150,794.45      $154,564.31      $158,428.41


  $29,241.67       $29,972.71       $30,722.03       $31,490.08       $32,277.33       $33,084.27
  $87,725.01       $89,918.13       $92,166.09       $94,470.24       $96,832.00       $99,252.80
      $24.37           $24.98           $25.60           $26.24           $26.90           $27.57
  $37,526.81       $38,464.98       $39,426.60       $40,412.27       $41,422.58       $42,458.14
   $4,733.25        $4,851.58        $4,972.87        $5,097.19        $5,224.62        $5,355.24
   $2,436.32        $2,497.23        $2,559.66        $2,623.65        $2,689.24        $2,756.47
   $1,315.88        $1,348.77        $1,382.49        $1,417.05        $1,452.48        $1,488.79
 $163,003.30      $167,078.38      $171,255.34      $175,536.73      $179,925.14      $184,423.27


        2044             2045             2046             2047             2048             2049
$4,873,611.59    $4,995,451.88    $5,120,338.18    $5,248,346.63    $5,379,555.30    $5,514,044.18
    $5,739.83            $0.00            $0.00            $0.00            $0.00            $0.00
 $109,578.57             $0.00            $0.00            $0.00            $0.00            $0.00
   $10,957.86            $0.00            $0.00            $0.00            $0.00            $0.00
   $19,491.21     $143,528.32      $147,116.53      $150,794.45      $154,564.31      $158,428.41
        $0.00            $0.00            $0.00            $0.00            $0.00            $0.00

         $0.00            $0.00            $0.00            $0.00            $0.00            $0.00
         $0.00            $0.00            $0.00            $0.00            $0.00            $0.00




                                                                                              Page 216 of 262
Page 217 of 262
  2050             2051             2052             2053             2054             2055

  $31,445.45       $32,231.59       $33,037.38       $33,863.31       $34,709.89       $35,577.64
  $13,291.00       $13,623.27       $13,963.85       $14,312.95       $14,670.77       $15,037.54
  $26,435.61       $27,096.50       $27,773.91       $28,468.26       $29,179.97       $29,909.47
   $1,791.09        $1,835.86        $1,881.76        $1,928.80        $1,977.02        $2,026.45
    $417.68          $428.12          $438.82          $449.79          $461.04          $472.56
   $2,781.30        $2,850.83        $2,922.10        $2,995.15        $3,070.03        $3,146.78
   $1,668.44        $1,710.15        $1,752.90        $1,796.73        $1,841.65        $1,887.69
  $12,260.66       $12,567.17       $12,881.35       $13,203.39       $13,533.47       $13,871.81
  $55,701.69       $57,094.23       $58,521.59       $59,984.63       $61,484.24       $63,021.35
  $16,596.23       $17,011.13       $17,436.41       $17,872.32       $18,319.13       $18,777.11
 $162,389.12      $166,448.85      $170,610.07      $174,875.33      $179,247.21      $183,728.39


  $33,911.37       $34,759.16       $35,628.13       $36,518.84       $37,431.81       $38,367.60
 $101,734.12      $104,277.47      $106,884.40      $109,556.51      $112,295.43      $115,102.81
      $28.26           $28.97           $29.69           $30.43           $31.19           $31.97
  $43,519.59       $44,607.58       $45,722.77       $46,865.84       $48,037.49       $49,238.43
   $5,489.12        $5,626.35        $5,767.01        $5,911.18        $6,058.96        $6,210.44
   $2,825.38        $2,896.02        $2,968.42        $3,042.63        $3,118.69        $3,196.66
   $1,526.01        $1,564.16        $1,603.27        $1,643.35        $1,684.43        $1,726.54
 $189,033.85      $193,759.70      $198,603.69      $203,568.79      $208,658.01      $213,874.46


        2050             2051             2052             2053             2054             2055
$5,651,895.28    $5,793,192.67    $5,938,022.48    $6,086,473.04    $6,238,634.87    $6,394,600.74
        $0.00            $0.00            $0.00            $0.00            $0.00            $0.00
        $0.00            $0.00            $0.00            $0.00            $0.00            $0.00
        $0.00            $0.00            $0.00            $0.00            $0.00            $0.00
        $0.00            $0.00            $0.00            $0.00            $0.00            $0.00
        $0.00            $0.00            $0.00            $0.00            $0.00            $0.00

         $0.00            $0.00            $0.00            $0.00            $0.00            $0.00
         $0.00            $0.00            $0.00            $0.00            $0.00            $0.00




                                                                                              Page 218 of 262
Page 219 of 262
  2056             2057             2058             2059             2060             TOTAL

  $36,467.08       $37,378.76       $38,313.23       $39,271.06       $40,252.83       $643,195.66
  $15,413.48       $15,798.82       $16,193.79       $16,598.63       $17,013.60       $271,858.46
  $30,657.20       $31,423.63       $32,209.22       $33,014.45       $33,839.82       $540,722.74
   $2,077.11        $2,129.04        $2,182.26        $2,236.82        $2,292.74        $36,635.46
    $484.38          $496.48          $508.90          $521.62          $534.66          $8,543.26
   $3,225.45        $3,306.09        $3,388.74        $3,473.46        $3,560.30        $56,889.59
   $1,934.88        $1,983.25        $2,032.83        $2,083.65        $2,135.74        $34,126.81
  $14,218.60       $14,574.07       $14,938.42       $15,311.88       $15,694.68       $250,783.54
  $64,596.88       $66,211.80       $67,867.10       $69,563.78       $71,302.87     $1,139,340.83
  $19,246.53       $19,727.70       $20,220.89       $20,726.41       $21,244.57       $339,464.70
 $188,321.60      $193,029.64      $197,855.38      $202,801.76      $207,871.81     $3,321,561.05


  $39,326.79       $40,309.96       $41,317.71       $42,350.66       $43,409.42       $693,634.45
 $117,980.38      $120,929.89      $123,953.14      $127,051.97      $130,228.27     $2,080,903.35
      $32.77           $33.59           $34.43           $35.29           $36.17           $578.03
  $50,469.39       $51,731.12       $53,024.40       $54,350.01       $55,708.76       $890,164.21
   $6,365.70        $6,524.84        $6,687.96        $6,855.16        $7,026.54       $112,276.30
   $3,276.58        $3,358.49        $3,442.45        $3,528.52        $3,616.73        $57,791.31
   $1,769.71        $1,813.95        $1,859.30        $1,905.78        $1,953.42        $31,213.55
 $219,221.32      $224,701.85      $230,319.40      $236,077.38      $241,979.32     $3,866,561.20


        2056             2057             2058             2059             2060
$6,554,465.76    $6,718,327.41    $6,886,285.59    $7,058,442.73    $7,234,903.80
        $0.00            $0.00            $0.00            $0.00            $0.00      $58,555.30
        $0.00            $0.00            $0.00            $0.00            $0.00     $473,144.22
        $0.00            $0.00            $0.00            $0.00            $0.00      $47,314.42
        $0.00            $0.00            $0.00            $0.00            $0.00     $773,923.23
        $0.00            $0.00            $0.00            $0.00            $0.00           $0.00

         $0.00            $0.00            $0.00            $0.00            $0.00          $0.00
         $0.00            $0.00            $0.00            $0.00            $0.00          $0.00




                                                                                            Page 220 of 262
                       CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT APPLICATION DISCLOSURE
                       STATEMENT

                       Project Name: 1095 3rd Street Redevelopment
                       Developer Name: Muskegon Midtown Center, LLC
                       Contractor Name (if applicable): West Urban Properties
                       Project Location: 349 West Webster Ave, Muskegon, MI
                       Date: 10/1/24



                       1. Purpose of the Disclosure Statement

                       The purpose of this document is to inform the City of Muskegon Brownfield Redevelopment
                       Authority and its stakeholders that Muskegon Midtown Center, LLC, the developer engaged
                       in the 1095 3rd Street Redevelopment Brownfield Redevelopment Project, intends to use a
                       contracting business that they own or have a financial interest in, West Urban Properties, to
                       provide services for the project.

                       This disclosure is made in the interest of transparency and in accordance with ethical
                       business practices, to avoid any perceived or actual conflict of interest, and to ensure
                       compliance with local, state, and federal regulations concerning Brownfield
                       Redevelopment projects.

                       2. Developer’s Affiliated Contracting Business

                       Muskegon Midtown Center, LLC, through their ownership or partnership in West Urban
                       Properties, will provide contracting services for 1095 3rd Street Redevelopment. These
                       services may include, but are not limited to:

                            •    Construction Management

                            •    Property Management

                       3. Compliance with City Policies and Regulations

                       The developer affirms that the selection of West Urban Properties complies with all
                       applicable procurement policies and regulations governing Brownfield Redevelopment
                       projects. The contracting business is fully licensed and insured to perform the required
                       services in the City of Muskegon.

                       4. Mitigation of Conflicts of Interest

                       The developer acknowledges the potential for a perceived conflict of interest due to the
                       dual role of acting as both the developer and contractor. To mitigate any conflicts:



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                                                                                                                  Page 221 of 262
                            •    The developer agrees to maintain clear and transparent records regarding any
                                 financial transactions between the developer and West Urban Properties.

                            •    The developer will provide documentation to the City of Muskegon regarding
                                 competitive bidding processes (if applicable) and the reason for selecting West
                                 Urban Properties.

                            •    The developer will comply with any additional requirements set forth by the City of
                                 Muskegon to ensure the integrity of the project.

                       5. Certification

                       The undersigned certifies that the information provided in this disclosure is true, accurate,
                       and complete to the best of their knowledge. The developer understands that the City of
                       Muskegon reserves the right to request additional information or impose conditions to
                       ensure that the project is conducted in accordance with the city's rules and standards.




                       Developer Name: Muskegon Midtown, LLC


                       Developer Signature: _______________________
                                10/02/24
                       Date: _______________________


                       Contractor Name (if different): West Urban Properties

                                                     Dave Dusendang
                       Contractor Signature: Dave
                                             _______________________
                                                  Dusendang (Oct 2, 2024 15:12 EDT)


                                10/02/24
                       Date: _______________________


                       Muskegon Brownfield Redevelopment Authority:


                       City Representative Signature: _______________________

                       Date: _______________________




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                                                                                                                   Page 222 of 262
                                      City of Muskegon
                             Brownfield Redevelopment Authority
                            County of Muskegon, State of Michigan

                RESOLUTION APPROVING BROWNFIELD PLAN AMENDMENT

                         Muskegon Midtown Center, LLC (1095 3rd St.)




       Minutes of a regular meeting of the Board of the City of Muskegon Brownfield

Redevelopment Authority, County of Muskegon, State of Michigan, held on the 9th day of October

2024 at 10:30 a.m., prevailing Eastern Time.

       PRESENT:

       ABSENT:


       The following preamble and resolution were offered by _______ and supported by Member

______:

       WHEREAS, a Brownfield Plan has been adopted pursuant to Act 381, Public Acts of

Michigan, 1996, as amended (“Act 381”), a copy of which is on file with the Secretary of the City of

Muskegon Brownfield Redevelopment Authority (the “Authority”); and

       WHEREAS, the Authority is authorized to approve amendments to the Brownfield Plan and

recommends the Amendment to add eligible properties within 1095 3rd Street Redevelopment

project for approval to the City of Muskegon, County of Muskegon, State of Michigan (the “City”).


       NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

       1.     Approval of Brownfield Plan.       The Board hereby adopts and approves the

       Brownfield Plan Amendment for the 1095 3rd Street Redevelopment project and

       recommends the approval of the Brownfield Plan Amendments by the Muskegon City

       Commission.

       2.     Public Hearing. The Board hereby requests city personnel to provide a notice of




                                                                                            Page 223 of 262
     Public Hearing on the proposed Brownfield Plan Amendments, and further requests that

     such hearing notice be provided to all taxing jurisdictions. Notice of the time and place of

     the hearing shall be given pursuant to Act 267, Public Acts of Michigan, 1976, as amended

     (“Open Meetings Act”).

     3.      Deliver Resolution and Brownfield Plan to City.         The Chair of the Authority is

     directed to deliver a certified copy of this resolution and the Brownfield Plan Amendments to

     the City Clerk.

     4.      Disclaimer.   By adoption of this resolution and approval of the Brownfield Plan

     Amendments, the Authority assumes no obligation or liability to the owner, developer or

     lessor of the Eligible Property for any loss or damage that may result to such persons from

     the adoption of this resolution and Brownfield Plan Amendments.

     5.      Work Plan Transmittal. The Chair of the Authority shall be authorized to transmit to

     the Michigan Strategic Fund, the Michigan Economic Development Corporation and/or the

     Michigan Department of Environmental Quality, on behalf of the Authority, a final Act 381

     Work Plan that has been reviewed and approved by the Authority.

     6.      Repealer. All resolutions and parts of resolution in conflict with the provisions of this

     resolution are hereby repealed or amended to the extent of such conflict.

     AYES:

     NAYS:



RESOLUTION DECLARED ADOPTED.


                                    ____________________________
                                    Martha Bottomley, Chair
                                    City of Muskegon Brownfield Redevelopment Authority




                                              -2-

                                                                                              Page 224 of 262
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Board

of the City of Muskegon Brownfield Redevelopment Authority, County of Muskegon, State of

Michigan, at a regular meeting held on October 9, 2024, and that said meeting was conducted and

public notice of said meeting was given pursuant to and in full compliance with the Open Meetings

Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept

and will be or have been made available as required by said Act.



                                     _____________________________
                                     Martha Bottomley, Chair
                                     City of Muskegon Brownfield Redevelopment Authority




                                               -3-

                                                                                            Page 225 of 262
                 RESOLUTION APPROVING BROWNFIELD PLAN AMENDMENT

                            Muskegon Midtown Center, LLC (1095 3rd St.)

                                     County of Muskegon, Michigan

                                              2024-October-22



        Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of
Muskegon, Michigan (the "City"), held in the City Commission Chambers on the 22 day of
October, 2024 at 5:30 p.m., prevailing Eastern Time.

PRESENT:

ABSENT:

        The following preamble and resolution were offered by ______________ and
supported by ______________.

        WHEREAS, in accordance with the provisions of Act 381, Public Acts of Michigan, 1996,
as amended ("Act 381"), the City of Muskegon Brownfield Redevelopment Authority (the
"Authority") has prepared and approved a Brownfield Plan Amendment; and

        WHEREAS, a Development and Reimbursement Agreement (the "DRA") has been entered into
by and among the Authority, the City, and the Developer, outlining the terms and conditions for the
reimbursement of eligible activities using Brownfield Tax Increment Financing (TIF) revenue; and

        WHEREAS, the Authority has forwarded the Brownfield Plan Amendment, to the City
Commission requesting its approval of the Brownfield Plan Amendment; and

        NOW, THEREFORE, BE IT RESOLVED THAT:

        1. That the Brownfield Plan constitutes a public purpose under Act 381.
        2. That the Brownfield Plan meets all the requirements of Section 13(1) of Act 381.
        3. That the proposed method of financing the costs of the eligible activities, as identified
            in the Brownfield Plan and defined in Act 381, is feasible and the Authority has the
            authority to arrange the financing.
        4. That the costs of the eligible activities proposed in the Brownfield Plan are
            reasonable and necessary to carry out the purposes of Act 381.




                                                                                                      Page 226 of 262
       5. That the amount of captured taxable value estimated to result from the adoption of the
           Brownfield Plan is reasonable.
       6. That the Brownfield Plan Amendment is approved and is effective immediately.
       7. That all resolutions or parts of resolutions in conflict herewith shall be and the same are
           hereby rescinded.

       Be it Further Resolved that the Mayor and City Clerk are hereby authorized to execute all
documents necessary or appropriate to implement the provisions of the Brownfield Plan.




       AYES:

       NAYS:

       ABSENT:

       RESOLUTION DECLARED APPROVED.




                                                   _____________________________________
                                                           Ann Meisch, City Clerk



                                                     _____________________________________
                                                           Ken Johnson, Mayor




                                                                                                   Page 227 of 262
       I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a regular
meeting held on October 22, 2024 and that said meeting was conducted and public notice of said
meeting was given pursuant to and in full compliance with the Open Meetings Act,being Act 267,
Public Acts of Michigan, 1976, as amended, and that the minutes of said meetingwere kept and will
be or have been made available as required by said Act.




                                                             ______________________________

                                                             Ann Meisch, City Clerk




                                                                                                  Page 228 of 262
                          Agenda Item Review Form
                          Muskegon City Commission
Commission Meeting Date: October 22, 2024              Title: Public Hearing, Brownfield Plan
                                                       Amendment- 349 West Webster, LLC, 349 W.
                                                       Webster

Submitted by: Contessa Alexander, Development          Department: Economic Development
Analyst

Brief Summary:
349 West Webster, LLC has submitted a Brownfield Plan Amendment for the 349 West Webster
Redevelopment project, which aims to rehabilitate a vacant and blighted office building into a
mixed-use commercial facility. This project will help bring the property back onto the tax rolls, create
jobs, and contribute to the city's economic development.

Detailed Summary & Background:
The project site, currently a vacant and blighted office building, is located at 349 West Webster Ave.
The property has historically been used for both educational and office purposes. The developer, 349
West Webster, LLC, acquired the site from Muskegon Public Schools in 2021. The proposed
redevelopment includes lodging and retail spaces as well as site improvements, with construction
scheduled to begin in Summer 2024 and completion expected by Fall 2025. The estimated
investment is $11,500,000, and the project is expected to create 10 full-time equivalent (FTE) jobs
within two years of completion.

Eligible Activities: The Brownfield Plan includes the following eligible non-environmental activities:

     •   Site Demolition: $1,050,000
     •   Site Preparation: $150,000
     •   Architecture and Engineering Fees: $450,000
     •   Asbestos Abatement: $30,000
     •   Brownfield Plan Development: $10,000

Administrative costs of the CMBRA, calculated as 10% of total eligible activities, are estimated at
$169,000. Interest expenses at 5.00% are also eligible for reimbursement. The capture period is for 30
years with an additional 5 years for the revolving loan fund.
Total Potential Eligible Activity Costs: $1,859,000.00 (inclusive of contingencies, financing costs, and
administrative fees)

The Development and Reimbursement Agreement is included in this plan. The following are the key
highlights from the agreement:

Reimbursement Source:
The Developer and the City will be reimbursed for the costs of approved Eligible Activities (such as
demolition, site preparation, and infrastructure improvements) through Brownfield Tax Increment
Financing (TIF) Revenue. This revenue is generated from increases in property taxes on the
redeveloped property.
Reimbursement Process:


                                                                                              Page 229 of 262
Both the Developer and the City must submit reimbursement requests to the Authority, accompanied
by the required documentation.
The Authority will review and either approve or dispute the reimbursement request within 30 days.
Payments will be made as tax revenues become available.
If there is insufficient revenue to cover the full reimbursement in any period, the remaining amount will
be paid in subsequent periods as additional revenue becomes available.
Term of Agreement:
The agreement will continue until the Developer and the City have been fully reimbursed or until
December 31, 2060, whichever occurs first. After this date, any remaining captured tax revenue will
be used to fund a Brownfield Revolving Loan Program.
Legislative Authorization:
This agreement is governed by Act 381, and any changes in the law that affect Brownfield TIF
capture or eligible activities will adjust the agreement accordingly.
Assignment:
The rights and obligations under this agreement cannot be transferred without the consent of the
other parties, except that the Developer and the City may assign their interests to affiliates for
financing purposes.
Miscellaneous Provisions:
The agreement includes standard legal provisions regarding the handling of notices, governing law
(Michigan), and the execution of the agreement in counterparts.

The Brownfield Redevelopment Authority reviewed this plan on October 10, 2024 and motioned to
approve and suggest that the City Commission consider adoption of the plan.

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:
N/A                                                   Yes            No           N/A      X

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

Recommended Motion:
I move that the City Commission approve the Brownfield Redevelopment Plan for the property
located at 349 West Webster Ave, and authorize the Mayor and City Clerk to sign.

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

Information
Technology
Other Division Heads


                                                                                               Page 230 of 262
Communication
Legal Review    X




                    Page 231 of 262
Page 232 of 262
Page 233 of 262
CITY OF MUSKEGON BROWNFIELDREDEVELOPMENT AUTHORITY




BROWNFIELD PLAN AMENDMENT FOR 349 WEST WEBSTER, LLC
     349 West Webster Street, Muskegon, Michigan



                    October 7, 2024




          Prepared By 349 WEST WEBSTER, LLC




                                                      Page 234 of 262
PROJECT NAME
349 West Webster Redevelopment

DEVELOPER
349 WEST WEBSTER, LLC

ELIGIBLE PROPERTY LOCATION
349 West Webster Ave, Muskegon, MI 49440

TYPE OF ELIGIBLE PROPERTY
Blighted

SUBJECT PROJECT DESCRIPTION
The subject project is located on one parcel (61-24-205-335-0001-00) that is currently a vacant and blighted
office building. 349 West Webster, LLC will redevelop the parcel as a mixed-use commercial facility. The
redevelopment will consist of the rehabilitation of the existing building for lodging and retail spaces as well
as surrounding site improvements.

The proposed project included in this Brownfield Plan will benefit the local community by bringing a
previously-blighted vacant publicly-owned property back onto the tax rolls. The property will generate tax
revenues and provide much short-term lodging for the City of Muskegon. The project also includes temporary
job creation for construction of the facility and long-term job creation for commercial spaces.

The subject property is currently a blighted vacant office building. According to historic sources, the subject
property has been used for both educational and office uses over the past 100+ years.

349 West Webster, LLC acquired the subject property from the Muskegon Public Schools in 2021.
Environmental assessments have already been performed and construction is scheduled to begin in the
Summer of 2024. Redevelopment is anticipated to be complete by the Fall of 2025. The investment is
estimated at $11,500,000. 349 West Webster, LLC anticipates the creation of ten full-time equivalent (FTE)
jobs within two years of project completion. No FTE jobs will be retained as the property is currently vacant.

ELIGIBLE ACTIVITIES
Specific costs to be paid for with tax increment revenues are detailed in Table 1 and described below.
Eligible costs for reimbursement includes “non-environmental costs” that are eligible for reimbursement
through the Brownfield Plan. Specific non-environmental eligible costs include, site demolition activities,
abatement activities, and certain architecture and engineering fees.

Site demolition costs are estimated at $1,050,000.

Site preparation costs are estimated at $150,000.

Architecture and engineering fees are estimated at $450,000.

Asbestos abatement expenses are estimated at $30,000.

The development of the Brownfield Plan is an eligible activity, estimated at a proposed cost of $10,000.




                                                                                                      Page 235 of 262
The Plan also includes Administrative Costs of the CMBRA. For the purposes of this Plan the Administrative Costs
of the CMBRA were projected by calculating 10% of the cost of total eligible activities inclusive of contingencies.
The capture of tax increment for Administrative Costs will be reimbursed as “City Eligible Expenses,” and will not
exceed 10% of eligible activities inclusive of contingencies.

 Interest expense is an eligible expense and is included in this Brownfield Plan at 5.00%.

 The total potential brownfield eligible activity costs—including contingencies, financing costs, administrative
 fees, preparation of the Brownfield Plan — are estimated at $1,859,000.00.

 DEVELOPER’S REIMBURSABLE COSTS
 Table 1

               Expense Category                                  Reimbursement Amount
               Asbestos Abatement                                      $30,000.00
               Site Demolition                                       $1,050,000.00
               Site Preparation                                       $150,000.00
               Engineering                                            $450,000.00
               Plan Development                                        $10,000.00
               Developer Total                                       $1,690,000.00
               City Eligible Expenses                                 $169,000.00
               Grand Total                                           $1,859,000.00

 MAXIMUM DURATION OF CAPTURE
 30 years plus 5 additional years by the Brownfield Authority to fund the Brownfield Revolving Loan Fund

 ESTIMATED TOTAL CAPITAL INVESTMENT
 $11,500,000

 INITIAL TAXABLE VALUE
 $220,500

 EFFECTIVE DATE OF INCLUSION IN THE BROWNFIELD PLAN
 The 349 West Webster Redevelopment project was added to this Plan on                             , 2024 and
 will be amended accordingly upon adoption of this Plan Amendment.

 METHOD OF FINANCING ADVANCES BY MUNICIPALITY
 Eligible costs will be reimbursed through tax increment financing and other leveraged incentives. Eligible
 activities do include interest expense (financing costs). Interest will be calculated at 5.00% annually on
 unreimbursed principal costs. Simple interest will be paid after all principal is paid. The costs are approved
 for reimbursement with local tax increment revenues.

 No advances by the municipality have been made or are anticipated.

 MAXIUM AMOUNT OF NOTE OR BONDED INDEBTEDNESS
 At this time, there are no plans by the Authority to incur indebtedness to support development of this site,
 but such plans could be made in the future to assist in the development if the Authority so chooses.




                                                                                                        Page 236 of 262
ESTIMATED IMPACT OF TIF ON REVENUES OF TAXING JURISDICTIONS
The estimated amount of tax increment revenues to be captured for this redevelopment from each taxing
jurisdiction by year and in aggregate is presented as Table 2.

LEGAL DESCRIPTION
The property subject to this Brownfield Plan consists of one parcel. The tax identification number of the
parcel is 61-24-205-335-0001-00.

The legal description for the parcels is as follows:

Parcel 1: CITY OF MUSKEGON REVISED PLAT OF 1903 BLOCK 335

The property meets the definition of a “brownfield” as defined by Public Act 381

ESTIMATES OF RESIDENTS AND DISPLACEMENT OF FAMILIES
The property is a vacant office building. Therefore, there are no plans for displacement of families

PLAN FOR RELOCATION OF DISPLACED PERSONS
Not applicable.

PROVISIONS FOR RELOCATION COSTS
Not applicable.

STRATEGY FOR COMPLIANCE WITH MICHIGAN’S RELOCATION ASSISTANCE LAW
Not applicable.

OTHER MATERIAL THAT THE AUTHORITY OR GOVERNING BODY CONSIDERS PERTINENT
Not applicable.




                                                                                                       Page 237 of 262
                                 DEVELOPMENT AND REIMBURSEMENT AGREEMENT

This DEVELOPMENT AND REIMBURSEMENT AGREEMENT (the "Agreement") is made on                         , 2024, by and
among the CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY, a Michigan public body corporate
whose address is 933 Terrace Street, Muskegon, Michigan 49440 (the "Authority"), the CITY OF MUSKEGON, a
public body corporate whose address is 933 Terrace Street, Muskegon, Michigan 49440 (the "City"), and 349 WEST
WEBSTER, LLC, a Michigan limited liability company whose address is 700 Terrace Pointe Drive, Suite 200,
Muskegon, Michigan 49440 (the "Developer").

RECITALS

    A.     Pursuant to P.A. 381 of 1996, as amended ("Act 381"), the Authority approved and recommended a
Brownfield Plan which was duly approved by the City (the “Plan''). The Plan was amended on
(the “Amendment” and, together with the Plan, the "Brownfield Plan") to identify a new redevelopment project
proposed by the Developer.

    B.      The Brownfield Plan includes specific eligible activities associated with the Developer’s plan to
redevelop land located at 349 West Webster Street in Muskegon, Michigan (the "Property").

    C.       The Developer owns the Property, which is included in the Brownfield Plan as an “eligible property.”

    D.       The Property is not currently included any other Tax Increment Finance District that would have claim
to the tax increment created on the Property, including the Muskegon Downtown Development Authority TIF
District.

    E.        The Developer intends to conduct eligible activities on the Property in order to develop the site into
a mixed-use retail and commercial building (the "Project"); including demolition, site preparation, infrastructure
improvements, and brownfield plan/work plan preparation and development, as described in the Brownfield Plan,
with an estimated cost of $1,690,000, plus interest at the current Applicable Federal Rate (the "Developer Eligible
Activities"). As part of the Project, the City also intends to conduct certain activities as described in the Brownfield
Plan, with an estimated cost of $169,000, plus interest at the current Applicable Federal Rate (the "City Eligible
Activities"). All of the Developer Eligible Activities and the City Eligible Activities (together, the "Eligible Activities")'
are eligible for reimbursement under Act 381. The total cost of the Eligible Activities, including contingencies, are
not to exceed $1,859,000, plus interest calculated annually at the Applicable Federal Rate (the "Total Eligible
Brownfield TIF Costs").

     F.      Act 381 permits the Authority to capture and use local property tax revenues generated from the
incremental increase in property value of a redeveloped brownfield site constituting an "eligible property" under
Act 381 (the "Brownfield TIF Revenue") to pay or to reimburse the payment of Eligible Activities conducted on the
"eligible property.” The Brownfield TIF Revenue will be used to reimburse the Developer for the Developer Eligible
Activities and the City for the City Eligible Activities incurred and approved for the Project.

    G.       Act 381 permits the Authority to capture local property tax revenues for an additional five (5) years
after the reimbursement of Eligible Activities to create and fund a Brownfield Revolving Loan Program.

     H.      In accordance with Act 381, the parties desire to establish the procedure for using the available
Brownfield TIF Revenue generated from the Property to reimburse the Developer and the City for completion of
Eligible Activities on the Property in an amount not to exceed the Total Eligible Brownfield TIF Costs.




                                                                                                                   Page 238 of 262
NOW, THERFORE, the parties agree as follows:

1. Reimbursement Source.

     (a)    During the Term (as defined below) of this Agreement, and except as set forth in Paragraph 2 below,
the Authority shall reimburse the Developer and City for the costs of their Eligible Activities conducted on the
Property from the Brownfield TIF Revenue collected from the real and personal property taxes on the Property.
The amount reimbursed to the Developer and City, respectively, for their Eligible Activities shall not exceed the
Total Eligible Brownfield TIF Costs, and reimbursements shall be made on a pro rata basis of approved costs
submitted and approved in connection with the Developer Eligible Activities and the City Eligible Activities, as
follows:
            i.   for any period for which both the Developer and the City request reimbursement for Eligible
                 Activities, the Authority shall pay 95% of available Brownfield TIF Revenue to the Developer to
                 reimburse the costs of Developer Eligible Activities submitted for that period, and pay 5% of
                 available Brownfield TIF Revenue to the City to reimburse the costs of City Eligible Activities
                 submitted during that period; and

            ii.   for any period for which the Developer or the City have Eligible Activities submitted and approved
                  for reimbursement by the Authority that are less than the available Brownfield TIF Revenue, the
                  Authority may use the Brownfield TIF Revenue to first pay the lesser of the Eligible Activities and
                  use the balance of the Brownfield TIF Revenue to reimburse the other party.

                  Notwithstanding Paragraph 1(a)(i), as an example if the Developer has approved eligible expenses
                  of $100, City has approved eligible expenses of $10 and BRA captures $20, then City will be paid
                  in full and the balance shall be paid to the Developer.

    (b)     The Authority shall capture Brownfield TIF Revenue from the Property and reimburse the Developer
and City for their Eligible Activities until the earlier of the City and Developer each being fully reimbursed, with
interest, or December 31, 2060. Unless otherwise prepaid by the Authority, payments to the City and Developer
shall be made on an annual basis as incremental local taxes are captured and available.

   (c)     After the earlier of the City and Developer each being fully reimbursed, with interest, or December 31,
2060, the Authority shall continue to capture Brownfield TIF Revenue from the Property for five (5) years to create
and/or fund a Brownfield Revolving Loan Program.

2. Developer Reimbursement Process.

     (a)    The Developer shall submit to the Authority; not more frequently than on a quarterly basis, a "Request
for Cost Reimbursement" for Developer Eligible Activities paid for by the Developer during the prior period. All
costs for the Developer Eligible Activities must be consistent with the approved Brownfield Plan. The Developer
must include documentation sufficient for the Authority to determine whether the costs incurred were for
Developer Eligible Activities, including detailed invoices and proof of payment. Copies of all invoices for Developer
Eligible Activities must note what Developer Eligible Activities they support.

    (b)     Unless the Authority disputes whether such costs are· for Developer Eligible Activities within thirty (30)
days after receiving a Request for Cost Reimbursement from the Developer, the Authority shall pay the Developer
the amounts for which submissions have been made pursuant to paragraph 2(a) of this Agreement, from which
the submission may be wholly or partially paid from available pro rata Brownfield TIF Revenue from the Property.

       i.    The Developer shall cooperate with the Authority's review of its Request for Cost Reimbursement by
              providing supplemental information and documentation which may be reasonably requested by the
              Authority.

                                                                                                            Page 239 of 262
      ii.   If the Authority determines that requested costs are ineligible for reimbursement, the Authority shall
              notify the Developer in writing of its reasons for such ineligibility within the Authority's thirty (30) day
              period of review. The Developer shall then have thirty (30) days to provide supplemental information
              or documents to the Authority demonstrating that the costs are for Developer Eligible Activities and
              are eligible for reimbursement.

    (c)     If a partial payment is made to the Developer by the Authority because of insufficient Brownfield TIF
Revenue captured in the semi-annual period for which reimbursement is sought, the Authority shall make
additional payments toward the remaining amount within thirty (30) days of its receipt of additional Brownfield
TIF Revenue from the Property until all of the amounts for which submissions have been made have been fully
paid to the Developer, or by the end of the Term (as defined below), whichever occurs first. The Authority is not
required to reimburse the Developer from any source other than Brownfield TIF Revenue.

    (d)   The Authority shall send all payments to the Developer by registered or certified mail, addressed to
the Developer at the address shown above, or by electronic funds transfer directly to the Developer's bank
account. The Developer may change its address by providing written notice sent by registered or certified mail to
the Authority.

1. City Reimbursement Process.

     (a)    The City shall submit to the Authority, not more frequently than on a quarterly basis, a “Request for
Cost Reimbursement" for City Eligible Activities paid for by the City during the prior period. All costs for the City
Eligible Activities must be consistent with the approved Brownfield Plan. The City must include documentation
sufficient for the Authority to determine whether the costs incurred were for City Eligible Activities, including
detailed invoices and proof of payment. Copies of all invoices for City Eligible Activities must note what City Eligible
Activities they support.

    (b)     Unless the Authority disputes whether such costs are for City Eligible Activities within thirty (30) days
after receiving a Request for Cost Reimbursement from the City, the Authority shall pay the City the amounts for
which submissions have been made pursuant to paragraph 3(a) of this Agreement, from which the submission
may be wholly or partially paid from available pro rata Brownfield TIF Revenue from the Property.

       i.   The City shall cooperate with the Authority's review of its Request for Cost Reimbursement by
              providing supplemental information and documentation which may be reasonably requested by the
              Authority.
      ii.   If the Authority determines that requested costs are ineligible for reimbursement, the Authority shall
              notify the City in writing of its reasons for such ineligibility within the Authority's thirty (30) day period
              of review. The City shall then have thirty (30) days to provide supplemental information or documents
              to the Authority demonstrating that the costs are for City Eligible Activities and are eligible for
              reimbursement.

    (c)     If a partial payment is made to the City by the Authority because of insufficient Brownfield TIF Revenue
captured in the semi-annual period for which reimbursement is sought, the Authority shall make additional
payments toward the remaining amount within thirty (30) days of its receipt of additional Brownfield TIF Revenue
from the Property until all of the amounts for which submissions have been made have been fully paid to the City,
or by the end of the Term (as defined below), whichever occurs first. The Authority is not required to reimburse
the City from any source other than Brownfield TIF Revenue.

    (d)    The Authority shall send all payments to the City by registered or certified mail, addressed to the City
at the address shown above, or by electronic funds transfer directly to the City's bank account. The City may
change its address by providing written notice sent by registered or certified mail to the Authority.

                                                                                                                  Page 240 of 262
4. Term of Agreement.

The Authority's obligation to reimburse the City and Developer for the Total Eligible Brownfield TIF Costs incurred
by each party under this Agreement shall terminate the earlier of the date when all reimbursements to the City
and Developer required under this Agreement have been made or December 31, 2060 (the "Term"). If the
Brownfield TIF Revenue ends before all of the Total Eligible Brownfield TIF Costs have been fully reimbursed to
the City and Developer, the last reimbursement payment by the Authority shall be paid from the summer and
winter tax increment revenue collected during the final year of this Agreement.

5. Adjustments.

If, due to an appeal of any tax assessment or reassessment of any portion of the Property, or for any other reason,
the Authority is required to reimburse any Brownfield TIF Revenue to any tax levying unit of government, the
Authority may deduct the amount of any such reimbursement, including interest and penalties, from any amounts
due and owing to the Developer and City on a pro rata basis. If all amounts due to the City and Developer under
this Agreement have been fully paid or the Authority is no longer obligated to make any further payments to the
City or Developer, the Authority shall invoice the Developer and City for the amount of such reimbursement on a
pro rata basis and the Developer and City shall pay the Authority such invoiced amount within thirty (30) days of
the receipt of the invoice. Amounts withheld by or invoiced and paid to the Authority by the Developer and City
pursuant to this paragraph shall be reinstated as Developer Eligible Activities and City Eligible Activities,
respectively, for which the Developer and City shall have the opportunity to be reimbursed in accordance with the
terms, conditions, and limitations of this Agreement. Nothing in this Agreement shall limit the right of the Developer
to appeal any tax assessment.

6. Legislative Authorization.

This Agreement is governed by and subject to the restrictions set forth in Act 381. If there is legislation enacted in
the future that alters or affects the amount of Brownfield TIF Revenue subject to capture, eligible property, or
Eligible Activities, then the Developer's and City's rights and the Authority's obligations under this Agreement shall
be modified accordingly as required by law, or by agreement of the parties.

7. Notices.

All notices shall be given by registered or certified mail addressed to the parties at their respective addresses as
shown above. Any party may change the address by written notice sent by registered or certified mail to the other
party.

8. Assignment.

This Agreement and the rights and obligations under this Agreement shall not be assigned or otherwise transferred
by any party without the consent of the other party, which shall not be unreasonably withheld, provided, however,
the Developer and City may assign their interest in this Agreement to an affiliate without the prior written consent
of the Authority if such affiliate acknowledges its obligations to the Authority under this Agreement upon
assignment in writing on or prior to the effective date of such assignment, provided, further, that the Developer and
City may each make a collateral assignment of their pro rata share of the Brownfield TIF Revenue for project
financing purposes. As used in this paragraph, "affiliate" means any corporation, company, partnership, limited
liability company, trust, sole proprietorship or other entity or individual which (a) is owned or controlled by the
Developer or City, (b) owns or controls the Developer or City or (c) is under common ownership or control with the
Developer or City. This Agreement shall be binding upon and inure to the benefit of any successors or permitted
assigns of the parties.




                                                                                                            Page 241 of 262
9. Entire Agreement.

This Agreement supersedes all agreements previously made between the parties relating to the subject matter.
There are no other understandings or agreements between the parties.

10. Non-Waiver.

No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of
that right, constitutes a waiver of that or any other right, unless otherwise expressly provided herein.

11. Governing Law.

This Agreement shall be construed in accordance with and-governed by the laws of the State of Michigan.

12. 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 instrument.

The Parties have executed this Agreement on the date set forth above.


                                                               CITY OF MUSKEGON BROWNFIELD
                                                               REDEVELOPMENT AUTHORITY



                                                               By: Martha Bottomley
                                                               Its: Chairperson

                                                               CITY OF MUSKEGON



                                                               By: Kenneth D Johnson
                                                               Its: Mayor

                                                               349 WEST WEBSTER, LLC



                                                               By: Frank Peterson
                                                               Its: Member




                                                                                                           Page 242 of 262
                                CITY OF MUSKEGON
                        BROWNFIELD (349 West Webster) 2025-2055
                            LIFETIME CAPTURE AMOUNTS
                                       Table 2

                                                        AMOUNT CAPTURED BY YEAR
                                     Millage Rate         2030          2031
         LOCAL CAPTURE
COUNTY OPERATING                              5.56370             $0.00          $0.00
LIBRARY                                       2.35160             $0.00          $0.00
MAISD                                         4.67730             $0.00          $0.00
COUNTY MUSEUM                                 0.31690             $0.00          $0.00
COUNTY VETS                                   0.07390             $0.00          $0.00
SENIOR CITIZENS                               0.49210             $0.00          $0.00
CENTRAL DISPATCH                              0.29520             $0.00          $0.00
COMM COLLEGE                                  2.16930             $0.00          $0.00
CITY OPERATING                                9.85540             $0.00          $0.00
CITY SANITATION                               2.93640             $0.00          $0.00
      TOTAL LOCAL CAPTURE                    28.73180             $0.00          $0.00

       NON-CAPTURABLE
STATE ED TAX                                  6.00000             $0.00          $0.00
SCHOOL OPERATING                             18.00000             $0.00          $0.00
SCHOOL DEBT 2020                              0.00500             $0.00          $0.00
SCHOOL DEBT 2021                              7.70000             $0.00          $0.00
SINKING                                       0.97120             $0.00          $0.00
LIBRARY DEBT                                  0.49990             $0.00          $0.00
COMM COLLEGE DEBT                             0.27000             $0.00          $0.00
             TOTAL                           33.44610             $0.00          $0.00


                                                                   2030            2031
TV Subject to Capture                                             $0.00           $0.00
Interest Accrual 5%                                               $0.00           $0.00
Payment to Developer                                              $0.00           $0.00
Payment to City                                                   $0.00           $0.00
Local Brownfield RLF                                              $0.00           $0.00
Balance                                                           $0.00   $1,859,000.00

Balance - Developer                                                       $1,690,000.00
Balance - City                                                             $169,000.00




                                                                                          Page 243 of 262
   2032            2033            2034            2035            2036            2037

       $0.00           $0.00           $0.00           $0.00      $27,818.50      $28,513.96
       $0.00           $0.00           $0.00           $0.00      $11,758.00      $12,051.95
       $0.00           $0.00           $0.00           $0.00      $23,386.50      $23,971.16
       $0.00           $0.00           $0.00           $0.00       $1,584.50       $1,624.11
       $0.00           $0.00           $0.00           $0.00        $369.50         $378.74
       $0.00           $0.00           $0.00           $0.00       $2,460.50       $2,522.01
       $0.00           $0.00           $0.00           $0.00       $1,476.00       $1,512.90
       $0.00           $0.00           $0.00           $0.00      $10,846.50      $11,117.66
       $0.00           $0.00           $0.00           $0.00      $49,277.00      $50,508.93
       $0.00           $0.00           $0.00           $0.00      $14,682.00      $15,049.05
       $0.00           $0.00           $0.00           $0.00     $143,659.00     $147,250.48


       $0.00           $0.00           $0.00           $0.00      $30,000.00      $30,750.00
       $0.00           $0.00           $0.00           $0.00      $90,000.00      $92,250.00
       $0.00           $0.00           $0.00           $0.00          $25.00          $25.63
       $0.00           $0.00           $0.00           $0.00      $38,500.00      $39,462.50
       $0.00           $0.00           $0.00           $0.00       $4,856.00       $4,977.40
       $0.00           $0.00           $0.00           $0.00       $2,499.50       $2,561.99
       $0.00           $0.00           $0.00           $0.00       $1,350.00       $1,383.75
       $0.00           $0.00           $0.00           $0.00     $167,230.50     $171,411.26


         2032            2033            2034            2035            2036            2037
        $0.00           $0.00           $0.00           $0.00   $5,000,000.00   $5,125,000.00
   $92,950.00      $97,597.50    $102,477.38     $107,601.24     $112,981.31     $112,100.42
        $0.00           $0.00           $0.00           $0.00    $130,599.09     $133,864.07
        $0.00           $0.00           $0.00           $0.00      $13,059.91      $13,386.41
        $0.00           $0.00           $0.00           $0.00           $0.00           $0.00
$1,951,950.00   $2,049,547.50   $2,152,024.88   $2,259,626.12   $2,242,008.33   $2,220,244.68

$1,774,500.00   $1,863,225.00   $1,956,386.25   $2,054,205.56   $2,038,189.39   $2,018,404.26
 $177,450.00     $186,322.50     $195,638.63     $205,420.56     $203,818.94     $201,840.43




                                                                                          Page 244 of 262
   2038            2039            2040            2041            2042            2043

  $29,226.81      $29,957.48      $30,706.42      $31,474.08      $32,260.93      $33,067.45
  $12,353.25      $12,662.08      $12,978.63      $13,303.10      $13,635.68      $13,976.57
  $24,570.44      $25,184.70      $25,814.32      $26,459.68      $27,121.17      $27,799.20
   $1,664.72       $1,706.33       $1,748.99       $1,792.72       $1,837.53       $1,883.47
    $388.21         $397.91         $407.86         $418.06         $428.51         $439.22
   $2,585.06       $2,649.69       $2,715.93       $2,783.83       $2,853.43       $2,924.76
   $1,550.72       $1,589.49       $1,629.23       $1,669.96       $1,711.71       $1,754.50
  $11,395.60      $11,680.49      $11,972.51      $12,271.82      $12,578.61      $12,893.08
  $51,771.65      $53,065.94      $54,392.59      $55,752.40      $57,146.21      $58,574.87
  $15,425.28      $15,810.91      $16,206.18      $16,611.34      $17,026.62      $17,452.28
 $150,931.74     $154,705.03     $158,572.66     $162,536.97     $166,600.40     $170,765.41


  $31,518.75      $32,306.72      $33,114.39      $33,942.25      $34,790.80      $35,660.57
  $94,556.25      $96,920.16      $99,343.16     $101,826.74     $104,372.41     $106,981.72
      $26.27          $26.92          $27.60          $28.29          $28.99          $29.72
  $40,449.06      $41,460.29      $42,496.80      $43,559.22      $44,648.20      $45,764.40
   $5,101.84       $5,229.38       $5,360.12       $5,494.12       $5,631.47       $5,772.26
   $2,626.04       $2,691.69       $2,758.98       $2,827.95       $2,898.65       $2,971.12
   $1,418.34       $1,453.80       $1,490.15       $1,527.40       $1,565.59       $1,604.73
 $175,696.54     $180,088.96     $184,591.18     $189,205.96     $193,936.11     $198,784.51


         2038            2039            2040            2041            2042            2043
$5,253,125.00   $5,384,453.13   $5,519,064.45   $5,657,041.06   $5,798,467.09   $5,943,428.77
 $111,012.23     $109,702.31     $108,155.38     $106,355.30     $103,546.22     $100,393.51
 $137,210.67     $140,640.94     $144,156.96     $147,760.88     $151,454.91     $155,241.28
   $13,721.07      $14,064.09      $14,415.70      $14,776.09      $15,145.49      $15,524.13
        $0.00           $0.00           $0.00           $0.00           $0.00           $0.00
$2,194,046.25   $2,163,107.62   $2,127,106.04   $2,070,924.37   $2,007,870.19   $1,937,498.30

$1,994,587.50   $1,966,461.47   $1,933,732.77   $1,882,658.52   $1,825,336.54   $1,761,362.09
 $199,458.75     $196,646.15     $193,373.28     $188,265.85     $182,533.65     $176,136.21




                                                                                          Page 245 of 262
   2044            2045            2046            2047            2048            2049

  $33,894.14      $34,741.49      $35,610.03      $36,500.28      $37,412.79      $38,348.11
  $14,325.98      $14,684.13      $15,051.23      $15,427.51      $15,813.20      $16,208.53
  $28,494.18      $29,206.53      $29,936.70      $30,685.11      $31,452.24      $32,238.55
   $1,930.56       $1,978.82       $2,028.29       $2,079.00       $2,130.98       $2,184.25
    $450.20         $461.45         $472.99         $484.82         $496.94         $509.36
   $2,997.88       $3,072.83       $3,149.65       $3,228.39       $3,309.10       $3,391.83
   $1,798.36       $1,843.32       $1,889.40       $1,936.64       $1,985.06       $2,034.68
  $13,215.41      $13,545.79      $13,884.44      $14,231.55      $14,587.34      $14,952.02
  $60,039.24      $61,540.22      $63,078.73      $64,655.69      $66,272.09      $67,928.89
  $17,888.59      $18,335.81      $18,794.20      $19,264.06      $19,745.66      $20,239.30
 $175,034.54     $179,410.41     $183,895.67     $188,493.06     $193,205.38     $198,035.52


  $36,552.09      $37,465.89      $38,402.54      $39,362.60      $40,346.66      $41,355.33
 $109,656.26     $112,397.67     $115,207.61     $118,087.80     $121,039.99     $124,065.99
      $30.46          $31.22          $32.00          $32.80          $33.62          $34.46
  $46,908.51      $48,081.22      $49,283.25      $50,515.34      $51,778.22      $53,072.68
   $5,916.56       $6,064.48       $6,216.09       $6,371.49       $6,530.78       $6,694.05
   $3,045.40       $3,121.53       $3,199.57       $3,279.56       $3,361.55       $3,445.59
   $1,644.84       $1,685.97       $1,728.11       $1,771.32       $1,815.60       $1,860.99
 $203,754.13     $208,847.98     $214,069.18     $219,420.91     $224,906.43     $230,529.09


         2044            2045            2046            2047            2048            2049
$6,092,014.49   $6,244,314.85   $6,400,422.72   $6,560,433.29   $6,724,444.12   $6,892,555.22
   $96,874.91      $92,966.93      $88,644.76      $83,882.21      $78,651.67      $72,923.99
 $159,122.31     $163,100.37     $167,177.88     $171,357.32     $175,641.26     $180,032.29
   $15,912.23      $16,310.04      $16,717.79      $17,135.73      $17,564.13      $18,003.23
        $0.00           $0.00           $0.00           $0.00           $0.00           $0.00
$1,859,338.67   $1,772,895.20   $1,677,644.29   $1,573,033.45   $1,458,479.74   $1,333,368.21

$1,690,307.88   $1,611,722.91   $1,525,131.18   $1,430,030.41   $1,325,890.67   $1,212,152.92
 $169,030.79     $161,172.29     $152,513.12     $143,003.04     $132,589.07     $121,215.29




                                                                                          Page 246 of 262
   2050            2051            2052            2053            2054            2055

  $39,306.81      $40,289.48      $41,296.72      $42,329.14      $43,387.37      $44,472.05
  $16,613.75      $17,029.09      $17,454.82      $17,891.19      $18,338.47      $18,796.93
  $33,044.51      $33,870.63      $34,717.39      $35,585.33      $36,474.96      $37,386.83
   $2,238.86       $2,294.83       $2,352.20       $2,411.00       $2,471.28       $2,533.06
    $522.09         $535.15         $548.52         $562.24         $576.29         $590.70
   $3,476.62       $3,563.54       $3,652.63       $3,743.94       $3,837.54       $3,933.48
   $2,085.55       $2,137.69       $2,191.13       $2,245.91       $2,302.06       $2,359.61
  $15,325.82      $15,708.97      $16,101.69      $16,504.23      $16,916.84      $17,339.76
  $69,627.11      $71,367.79      $73,151.98      $74,980.78      $76,855.30      $78,776.69
  $20,745.28      $21,263.91      $21,795.51      $22,340.40      $22,898.91      $23,471.38
 $202,986.41     $208,061.07     $213,262.59     $218,594.16     $224,059.01     $229,660.49


  $42,389.21      $43,448.94      $44,535.17      $45,648.55      $46,789.76      $47,959.51
 $127,167.64     $130,346.83     $133,605.51     $136,945.64     $140,369.28     $143,878.52
      $35.32          $36.21          $37.11          $38.04          $38.99          $39.97
  $54,399.49      $55,759.48      $57,153.47      $58,582.30      $60,046.86      $61,548.03
   $6,861.40       $7,032.94       $7,208.76       $7,388.98       $7,573.70       $7,763.05
   $3,531.73       $3,620.02       $3,710.52       $3,803.28       $3,898.37       $3,995.83
   $1,907.51       $1,955.20       $2,004.08       $2,054.18       $2,105.54       $2,158.18
 $236,292.32     $242,199.63     $248,254.62     $254,460.98     $260,822.51     $267,343.07


         2050            2051            2052            2053            2054            2055
$7,064,869.10   $7,241,490.83   $7,422,528.10   $7,608,091.31   $7,798,293.59   $7,993,250.93
   $66,668.41      $59,852.51      $52,442.08      $44,401.06      $35,691.40      $26,273.02
 $184,533.10     $189,146.42     $193,875.08     $198,721.96     $203,690.01     $208,782.26
   $18,453.31      $18,914.64      $19,387.51      $19,872.20      $20,369.00      $20,878.23
        $0.00           $0.00           $0.00           $0.00           $0.00           $0.00
$1,197,050.21   $1,048,841.66    $888,021.15     $713,828.05     $525,460.44     $322,072.97

$1,088,227.47    $953,492.42     $807,291.95     $648,934.59     $477,691.31     $292,793.61
 $108,822.75      $95,349.24      $80,729.20      $64,893.46      $47,769.13      $29,279.36




                                                                                          Page 247 of 262
   2056            2057            2058            2059            2060            2061

  $45,583.85      $46,723.45      $47,891.53      $49,088.82      $50,316.04      $51,573.94
  $19,266.85      $19,748.52      $20,242.24      $20,748.29      $21,267.00      $21,798.67
  $38,321.50      $39,279.54      $40,261.53      $41,268.07      $42,299.77      $43,357.26
   $2,596.39       $2,661.30       $2,727.83       $2,796.03       $2,865.93       $2,937.57
    $605.47         $620.61         $636.12         $652.02         $668.32         $685.03
   $4,031.82       $4,132.61       $4,235.93       $4,341.82       $4,450.37       $4,561.63
   $2,418.60       $2,479.06       $2,541.04       $2,604.57       $2,669.68       $2,736.42
  $17,773.25      $18,217.58      $18,673.02      $19,139.85      $19,618.35      $20,108.80
  $80,746.10      $82,764.75      $84,833.87      $86,954.72      $89,128.59      $91,356.80
  $24,058.17      $24,659.62      $25,276.11      $25,908.01      $26,555.71      $27,219.61
 $235,402.00     $241,287.05     $247,319.23     $253,502.21     $259,839.76     $266,335.76


  $49,158.49      $50,387.46      $51,647.14      $52,938.32      $54,261.78      $55,618.32
 $147,475.48     $151,162.37     $154,941.43     $158,814.96     $162,785.34     $166,854.97
      $40.97          $41.99          $43.04          $44.12          $45.22          $46.35
  $63,086.73      $64,663.90      $66,280.50      $67,937.51      $69,635.95      $71,376.85
   $7,957.12       $8,156.05       $8,359.95       $8,568.95       $8,783.17       $9,002.75
   $4,095.72       $4,198.11       $4,303.07       $4,410.64       $4,520.91       $4,633.93
   $2,212.13       $2,267.44       $2,324.12       $2,382.22       $2,441.78       $2,502.82
 $274,026.65     $280,877.31     $287,899.25     $295,096.73     $302,474.14     $310,036.00


         2056            2057            2058            2059            2060            2061
$8,193,082.20   $8,397,909.26   $8,607,856.99   $8,823,053.41   $9,043,629.75   $9,269,720.49
   $16,103.65       $5,138.73           $0.00           $0.00           $0.00           $0.00
 $214,001.82       $98,103.05           $0.00           $0.00           $0.00           $0.00
   $21,400.18       $9,810.30           $0.00           $0.00           $0.00           $0.00
        $0.00    $133,373.70     $247,319.23     $253,502.21     $259,839.76     $266,335.76
 $102,774.62            $0.00           $0.00           $0.00           $0.00           $0.00

  $93,431.47           $0.00           $0.00           $0.00           $0.00           $0.00
   $9,343.15           $0.00           $0.00           $0.00           $0.00           $0.00




                                                                                          Page 248 of 262
   2062            2063            2064           2065

  $52,863.29      $54,184.87      $55,539.50     $56,927.98
  $22,343.64      $22,902.23      $23,474.79     $24,061.66
  $44,441.20      $45,552.23      $46,691.03     $47,858.31
   $3,011.01       $3,086.29       $3,163.45      $3,242.53
    $702.16         $719.71         $737.70        $756.15
   $4,675.67       $4,792.56       $4,912.38      $5,035.19
   $2,804.83       $2,874.95       $2,946.83      $3,020.50
  $20,611.52      $21,126.81      $21,654.98     $22,196.36
  $93,640.72      $95,981.74      $98,381.29    $100,840.82
  $27,900.10      $28,597.60      $29,312.54     $30,045.35
 $272,994.15     $279,819.00     $286,814.48    $293,984.84


  $57,008.78      $58,434.00      $59,894.85     $61,392.22
 $171,026.34     $175,302.00     $179,684.55    $184,176.67
      $47.51          $48.70          $49.91         $51.16
  $73,161.27      $74,990.30      $76,865.06     $78,786.68
   $9,227.82       $9,458.52       $9,694.98      $9,937.35
   $4,749.78       $4,868.53       $4,990.24      $5,115.00
   $2,565.40       $2,629.53       $2,695.27      $2,762.65
 $317,786.90     $325,731.57     $333,874.86    $342,221.73


         2062            2063            2064           2065
$9,501,463.50   $9,739,000.09   $9,982,475.09 $10,232,036.97
        $0.00           $0.00           $0.00          $0.00
        $0.00           $0.00           $0.00          $0.00
        $0.00           $0.00           $0.00          $0.00
 $272,994.15            $0.00           $0.00          $0.00
        $0.00           $0.00           $0.00          $0.00

       $0.00           $0.00           $0.00          $0.00
       $0.00           $0.00           $0.00          $0.00




                                                               Page 249 of 262
                                      City of Muskegon
                             Brownfield Redevelopment Authority
                            County of Muskegon, State of Michigan

                RESOLUTION APPROVING BROWNFIELD PLAN AMENDMENT

                          349 West Webster, LLC (349 West Webster)




       Minutes of a regular meeting of the Board of the City of Muskegon Brownfield

Redevelopment Authority, County of Muskegon, State of Michigan, held on the 9th day of October

2024 at 10:30 a.m., prevailing Eastern Time.

       PRESENT:

       ABSENT:


       The following preamble and resolution were offered by _______ and supported by Member

______:

       WHEREAS, a Brownfield Plan has been adopted pursuant to Act 381, Public Acts of

Michigan, 1996, as amended (“Act 381”), a copy of which is on file with the Secretary of the City of

Muskegon Brownfield Redevelopment Authority (the “Authority”); and

       WHEREAS, the Authority is authorized to approve amendments to the Brownfield Plan and

recommends the Amendment to add eligible properties within 349 West Webster Redevelopment

project for approval to the City of Muskegon, County of Muskegon, State of Michigan (the “City”).


       NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

       1.     Approval of Brownfield Plan.       The Board hereby adopts and approves the

       Brownfield Plan Amendment for the 349 West Webster Redevelopment project and

       recommends the approval of the Brownfield Plan Amendments by the Muskegon City

       Commission.

       2.     Public Hearing. The Board hereby requests city personnel to provide a notice of




                                                                                            Page 250 of 262
     Public Hearing on the proposed Brownfield Plan Amendments, and further requests that

     such hearing notice be provided to all taxing jurisdictions. Notice of the time and place of

     the hearing shall be given pursuant to Act 267, Public Acts of Michigan, 1976, as amended

     (“Open Meetings Act”).

     3.      Deliver Resolution and Brownfield Plan to City.         The Chair of the Authority is

     directed to deliver a certified copy of this resolution and the Brownfield Plan Amendments to

     the City Clerk.

     4.      Disclaimer.   By adoption of this resolution and approval of the Brownfield Plan

     Amendments, the Authority assumes no obligation or liability to the owner, developer or

     lessor of the Eligible Property for any loss or damage that may result to such persons from

     the adoption of this resolution and Brownfield Plan Amendments.

     5.      Work Plan Transmittal. The Chair of the Authority shall be authorized to transmit to

     the Michigan Strategic Fund, the Michigan Economic Development Corporation and/or the

     Michigan Department of Environmental Quality, on behalf of the Authority, a final Act 381

     Work Plan that has been reviewed and approved by the Authority.

     6.      Repealer. All resolutions and parts of resolution in conflict with the provisions of this

     resolution are hereby repealed or amended to the extent of such conflict.

     AYES:

     NAYS:



RESOLUTION DECLARED ADOPTED.


                                    ____________________________
                                    Martha Bottomley, Chair
                                    City of Muskegon Brownfield Redevelopment Authority




                                              -2-

                                                                                              Page 251 of 262
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Board

of the City of Muskegon Brownfield Redevelopment Authority, County of Muskegon, State of

Michigan, at a regular meeting held on October 9, 2024, and that said meeting was conducted and

public notice of said meeting was given pursuant to and in full compliance with the Open Meetings

Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept

and will be or have been made available as required by said Act.



                                     _____________________________
                                     Martha Bottomley, Chair
                                     City of Muskegon Brownfield Redevelopment Authority




                                               -3-

                                                                                            Page 252 of 262
                 RESOLUTION APPROVING BROWNFIELD PLAN AMENDMENT

                               349 West Webster, LLC (349 W. Webster)

                                     County of Muskegon, Michigan

                                              2024-October-22



        Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of
Muskegon, Michigan (the "City"), held in the City Commission Chambers on the 22 day of
October, 2024 at 5:30 p.m., prevailing Eastern Time.

PRESENT:

ABSENT:

        The following preamble and resolution were offered by ______________ and
supported by ______________.

        WHEREAS, in accordance with the provisions of Act 381, Public Acts of Michigan, 1996,
as amended ("Act 381"), the City of Muskegon Brownfield Redevelopment Authority (the
"Authority") has prepared and approved a Brownfield Plan Amendment; and

        WHEREAS, a Development and Reimbursement Agreement (the "DRA") has been entered into
by and among the Authority, the City, and the Developer, outlining the terms and conditions for the
reimbursement of eligible activities using Brownfield Tax Increment Financing (TIF) revenue; and

        WHEREAS, the Authority has forwarded the Brownfield Plan Amendment, to the City
Commission requesting its approval of the Brownfield Plan Amendment; and

        NOW, THEREFORE, BE IT RESOLVED THAT:

        1. That the Brownfield Plan constitutes a public purpose under Act 381.
        2. That the Brownfield Plan meets all the requirements of Section 13(1) of Act 381.
        3. That the proposed method of financing the costs of the eligible activities, as identified
            in the Brownfield Plan and defined in Act 381, is feasible and the Authority has the
            authority to arrange the financing.
        4. That the costs of the eligible activities proposed in the Brownfield Plan are
            reasonable and necessary to carry out the purposes of Act 381.




                                                                                                      Page 253 of 262
       5. That the amount of captured taxable value estimated to result from the adoption of the
           Brownfield Plan is reasonable.
       6. That the Brownfield Plan Amendment is approved and is effective immediately.
       7. That all resolutions or parts of resolutions in conflict herewith shall be and the same are
           hereby rescinded.

       Be it Further Resolved that the Mayor and City Clerk are hereby authorized to execute all
documents necessary or appropriate to implement the provisions of the Brownfield Plan.




       AYES:

       NAYS:

       ABSENT:

       RESOLUTION DECLARED APPROVED.




                                                   _____________________________________
                                                           Ann Meisch, City Clerk



                                                     _____________________________________
                                                           Ken Johnson, Mayor




                                                                                                   Page 254 of 262
       I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a regular
meeting held on October 22, 2024 and that said meeting was conducted and public notice of said
meeting was given pursuant to and in full compliance with the Open Meetings Act,being Act 267,
Public Acts of Michigan, 1976, as amended, and that the minutes of said meetingwere kept and will
be or have been made available as required by said Act.




                                                             ______________________________

                                                             Ann Meisch, City Clerk




                                                                                                  Page 255 of 262
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: October 22, 2024              Title: Conflict of Interest Disclosure

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

Brief Summary:
Seeking approval to waive conflict pursuant to City Charter and State Law. City staff will be seeking
to submit a request to the Department of Housing and Urban Development for an Exception for a
Conflict of Interest for the City of Muskegon Community and Neighborhood Services (CNS)
Department Priority Home Repair Program.

Detailed Summary & Background:
Under State law, a contract between a public entity and a public servant is permissible in this
particular case when:
1) The public servant discloses in writing to the Mayor, seven days prior to City Commission action,
their interest in the issue and the value of benefits to be provided by the City;
2) The official body discloses a summary of the transaction in its official minutes.
Where a “conflict of interest” does exist pursuant to the City Charter, the City may still enter into the
contract if all the following occurs:
The City Commission declares that it is in the best interest of the City to enter into the contract.

The City Attorney and employee letter is attached.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:


Goal/Action Item:

Amount Requested:                                      Budgeted Item:
$6,549.00                                                              No             N/A

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

Recommended Motion:
To waive the conflict of interest pursuant to City Charter and State Law and request the Department
of Housing and Urban Development for an exception approve the request of Conflict of Interest
Exception for the City of Muskegon Community and Neighborhood Services Department Priority
Home Repair Program.

Approvals:                                             Guest(s) Invited / Presenting:


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Immediate Division
Head                   No

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