City Commission Packet 11-26-2024

View the PDF version Google Docs PDF Viewer

      CITY OF MUSKEGON
       CITY COMMISSION MEETING
         November 26, 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:

☐   PUBLIC COMMENT ON AGENDA ITEMS:

☐   CONSENT AGENDA:
    A. Approval of Minutes City Clerk
    B. Beach Parking Pass Price Adjustments Manager's Office
    C. Contract Award - Lakeshore Dr Sewer CCTV DPW- Engineering
    D. Amendment to NEZ Certificate Applications for Shaw Walker
       Redevelopment Project, 920 Washington Ave., 965 W. Western Ave.
       Economic Development
    E. Revocation of NEZ Certificate at 307 Terrace Point Circle Economic
       Development
    F. Revocation of NEZ Certificate at 308 Terrace Point Circle Economic
       Development
    G. Muskegon Historic District Monument Conservation Project - City
       Contribution and Contract Award Planning
    H. Taste of Muskegon Transition Agreement - LAB Events DPW- Parks
    I. School Resource Officer Agreement with High School and Middle School
       Public Safety


                                  Page 1 of 3

                                                                            Page 1 of 228
    J. Amendment to the Professional Services Agreement between SAFEBuilt
       Michigan, LLC Public Safety
    K. 2025 Special Event Policy DPW- Parks and Recreation
    L. Sale of 1451 Leahy Planning
    M. Sale of 1325 Terrace Planning
    N. Background Investigation Services Bid Public Safety
    O. Sprint Cellular Antenna Lease Renewal Public Works
    P. Rezoning of 1095 3rd St from B-2 to FBC, NC. Planning
    Q. Amendment to Section 404 of the zoning ordinance to remove R-2 and
       R-3 districts and to adjust the area and bulk requirements for R-1 districts.
       SECOND READING Planning
    R. Amendment to Section 400 of the zoning ordinance to allow duplexes,
       triplexes, and accessory dwelling units as principal uses permitted in the
       Single-Family Residential Districts. SECOND READING Planning
    S. Amendment to Article II of the zoning ordinance to create a definition for
       accessory dwelling unit. SECOND READING Planning
    T. Amendment to Article IV of the zoning ordinance to remove R-2 and R-3
       districts and rename the single-family residential district. SECOND
       READING Planning
    U. Amendment to Section 2326 of the zoning ordinance to reduce the
       minimum number of parking spaces for single-family and multi-family
       dwelling units. SECOND READING Planning
    V. Amendment to Article XX of the zoning ordinance to allow the
       conversion of single-family houses into duplexes and triplexes. SECOND
       READING Planning
    W. Lumberjacks Eight Amendment - Assignment Manager's Office
    X. EGLE Grant Development Agreement, City of Muskegon and Muskegon
       Limited Dividend Housing Association, Lofts of Muskegon, 122 W.
       Muskegon Ave. Economic Development
☐   PUBLIC HEARINGS:

☐   UNFINISHED BUSINESS:

☐   NEW BUSINESS:
    A. Housing Board of Appeals - Demolition of 1101 Pine St Public Safety



                                    Page 2 of 3

                                                                                  Page 2 of 228
☐   ANY OTHER BUSINESS:

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

☐   CLOSED SESSION:

☐   ADJOURNMENT:

AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF
MUSKEGON AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES

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

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




                                            Page 3 of 3

                                                                                                  Page 3 of 228
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: November 26, 2024      Title: Approval of Minutes

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

Brief Summary:
To approve minutes of the November 12, 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 4 of 228
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
         November 12, 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, November 12,
2024. Pastor D. W. Tolbert, from the New Hope Baptist 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, Willie German, Jr., Rachel Gorman, and Katrina Kochin, City Manager
Jonathan Seyferth, City Attorney John Schrier, and City Clerk Ann Marie Meisch
Absent: Commissioner Destinee Keener

2024-92 HONORS, AWARDS, AND PRESENTATIONS


    A. YEARS OF SERVICE AWARDS Employee Relations
Mayor Johnson and Commissioners congratulated and thanked City
employees for their Years of Service ranging from 5 to 25 years. Certificates
were presented by the Mayor to those in attendance.

PUBLIC COMMENT ON AGENDA ITEMS
Public comments received.

2024-93 CONSENT AGENDA

    A. Approval of Minutes City Clerk
To approve minutes of the October 22, 2024, City Commission Meeting.
STAFF RECOMMENDATION: Approval of the minutes.



                                  Page 1 of 8

                                                                                Page 5 of 228
    B. Fireworks Display for NYE Ball Drop City Clerk
Pyrotecnico is requesting approval of a fireworks display permit for December
31, 2024/January 1, 2025, in the parking lot between 3rd and 4th Streets, west of
Shoreline Drive. The Fire Marshall will inspect the fireworks on the day of the
event.
STAFF RECOMMENDATION: To approve the fireworks display permit for
Pyrotecnico contingent upon inspection of the fireworks.

    C. Resolution for Charitable Gaming License - Kids Belong City Clerk
Kids Belong is requesting a resolution recognizing them as a non-profit
organization operating in the City for the purpose of obtaining a gaming
license. They have been recognized as a 501(c)(3) organization by the State.
STAFF RECOMMENDATION: Approval of the resolution for a Charitable Gaming
License.

    E. ATM for Muskegon Farmers Market City Clerk
City Commission authorized going into an agreement for an ATM at the
Muskegon Farmers Market and is recommending Consumers Credit Union.
STAFF RECOMMENDATION: Authorize staff to sign the agreement with
Consumers Credit Union to place an ATM at the Muskegon Farmers Market.

Motion by Commissioner German, second by Commissioner Kilgo, to approve
the Consent Agenda minus item D.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and German
           Nays: None
MOTION PASSES


2024-94 ITEM REMOVED FROM THE CONSENT AGENDA


    D. Request to amend the planned unit development (PUD) at Harbour
       Towne to allow for the construction of 28 new condo units. SECOND
       READING Planning
The proposed buildings include six fourplexes and two duplexes. 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



                                  Page 2 of 8

                                                                               Page 6 of 228
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.
STAFF RECOMMENDATION: 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.

Motion by Commissioner Kochin, second by Vice Mayor St.Clair, to approve 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..
ROLL VOTE: Ayes: Gorman, St.Clair, Johnson, and Kilgo


                                  Page 3 of 8

                                                                                Page 7 of 228
             Nays: German and Kochin
MOTION PASSES


2024-95 NEW BUSINESS


    A. Amendment to Section 404 of the zoning ordinance to remove R-2 and
       R-3 districts and to adjust the area and bulk requirements for R-1
       districts. Planning
This is a staff-initiated request to amend the zoning ordinance to allow all single-
family residential lots to be considered buildable as long as they are at least 30
feet wide and 3,000 in size. There are currently three separate single-family
residential districts in the zoning ordinance; R-1, R-2, and R-3; which all allow the
same uses. The main difference between these districts is how much lot width is
required to be considered a buildable lot. This proposal would eliminate R-2 and
R-3 districts and change the bulk and area requirements to the current R-3
standards, which requires a minimum 30-foot lot width and 3,000 sf in size. The
new Maximum Lot Coverage requirements would also match the current R-3
standards (buildings 70%, pavement 20%). The chart in Section 404 would be
removed and the Area and Bulk Requirements would be represented as they
previously were in the zoning ordinance (without a chart). The Planning
Commission unanimously (6-0, 2 abstain, 1 absent) voted to approve the
request as presented.
STAFF RECOMMENDATION: I move to approve the request to amend Section 404
of the zoning as presented.

Motion by Commissioner Kilgo, second by Vice Mayor St.Clair to approve the
request to amend Section 404 of the zoning as presented.
Motion amended by Commissioner Kilgo, second by Vice Mayor St.Clair to
include that when a lot is covered over 80% by the combination of buildings
and pavement, the remaining amount of pavement allowed must be pervious.
ROLL VOTE: Ayes: Gorman, St.Clair, Johnson, and Kilgo
           Nays: German and Kochin
MOTION PASSES (REQUIRES SECOND READING)


    C. Amendment to Article II of the zoning ordinance to create a definition for
       accessory dwelling unit. Planning
This is a staff-initiated request to amend Article II of the zoning ordinance to
create a definition for accessory dwelling unit.
Proposed definition:


                                   Page 4 of 8

                                                                                   Page 8 of 228
Accessory Dwelling Unit (ADU): An accessory structure typically located at the
rear of a lot that provides either a small residential unit or home office space.
The Planning Commission unanimously (6-0, 2 abstain, 1 absent) voted to
approve the request as presented.
STAFF RECOMMENDATION: I move to approve the request to amend Article II of
the zoning ordinance as presented.

Motion by Commissioner Kochin, second by Commissioner Kilgo, to approve
the request to amend Article II of the zoning ordinance as presented.
ROLL VOTE: Ayes: Kilgo, Gorman, Kochin, St.Clair, and Johnson
           Nays: German
MOTION PASSES (REQUIRES SECOND READING)

    B. Amendment to Section 400 of the zoning ordinance to allow duplexes,
       triplexes, and accessory dwelling units as principal uses permitted in the
       Single-Family Residential Districts. Planning
This is a staff-initiated request to amend Section 400 of the zoning ordinance to
allow duplexes, triplexes, and accessory dwelling units as principal uses
permitted in the Single-Family Residential Districts.
Currently, single-family is the only housing option in R districts. This proposal
recommends allowing duplexes, triplexes and accessory dwelling units (under
certain conditions) in these districts. Duplexes would have to be on lots at least
40 feet wide. Triplexes would have to be on lots at least 50 feet wide and must
have an alley in the back. Accessory Dwelling Units would have to be located
behind an existing housing unit. The Planning Commission unanimously (6-0, 2
abstain, 1 absent) voted to approve the request as presented.
STAFF RECOMMENDATION: I move to approve the amendments to Section 400
of the zoning ordinance as proposed.

Motion by Commissioner Kilgo, second by Vice Mayor St.Clair, to approve the
amendments to Section 400 of the zoning ordinance as proposed.
ROLL VOTE: Ayes: Johnson, Kilgo, Gorman, Kochin, and St.Clair
           Nays: German
MOTION PASSES (REQUIRES SECOND READING)


    D. Amendment to Article IV of the zoning ordinance to remove R-2 and R-3
       districts and rename the single-family residential district. Planning
This is a staff-initiated request to amend Article IV of the zoning ordinance to
remove R-2 and R-3 districts and rename single-family residential districts.



                                   Page 5 of 8

                                                                                   Page 9 of 228
If the request to allow duplexes, triplexes and accessory dwelling units is
approved, the name of the zoning designation should be changed to reflect
the types of houses allowed. Staff proposes changing the name from “Single-
Family Residential” to “Neighborhood Residential.” The Planning Commission
unanimously (6-0, 2 abstain, 1 absent) voted to approve the request as
presented.
STAFF RECOMMENDATION: I move to approve the request to amend Article IV of
the zoning ordinance as presented.

Motion by Commissioner Kilgo, second by Commissioner Kochin, to approve
the request to amend Article IV of the zoning ordinance as presented.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, and Gorman
           Nays: German and Kochin
MOTION PASSES (REQUIRES SECOND READING)


    E. Amendment to Section 2326 of the zoning ordinance to reduce the
       minimum number of parking spaces for single-family and multi-family
       dwelling units. Planning
This is a staff-initiated request to amend Section 2326 of the zoning ordinance to
reduce the minimum number of parking spaces for single-family and multi-
family dwelling units. Staff is proposing to reduce the minimum number of
parking spaces required per dwelling unit from two to one.
Only one parking space per dwelling unit was required for residential uses prior
to an ordinance amendment in 2002. Large apartment complexes continue to
overdevelop parking lots based on the zoning ordinance’s requirements. Staff
had considered proposing to eliminate parking minimums altogether, as is the
case in form-based code districts, but based on public feedback a reduction to
one parking space per dwelling unit is being proposed instead. The Planning
Commission unanimously (6-0, 2 abstain, 1 absent) voted to approve the
request as presented.
STAFF RECOMMENDATION: I move to approve the amendments to Section 2326
of the zoning ordinance as presented.

Motion by Commissioner Kilgo, second by Vice Mayor St.Clair, to approve the
amendments to Section 2326 of the zoning ordinance as presented.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, and Gorman
           Nays: Kochin and German
MOTION PASSES (REQUIRES SECOND READING)




                                  Page 6 of 8

                                                                              Page 10 of 228
    F. Amendment to Article XX of the zoning ordinance to allow the
       conversion of single-family houses into duplexes and triplexes. Planning
This is a staff-initiated request to make minor amendments to the design criteria
in the form-based code to allow single-family houses to be converted into
duplexes and triplexes, under certain conditions.
Within the form-based code districts, a few minor design requirements could
prevent converting a single-family house into a duplex or triplex. Please see the
enclosed Planning Commission Excerpt that depicts these changes in more
detail. The Planning Commission unanimously (6-0, 2 abstain, 1 absent) voted to
approve the request as presented.
STAFF RECOMMENDATION: I move to approve the amendments to Article XX of
the zoning ordinance as presented.

Motion by Commissioner Kilgo, second by Commissioner Kochin, to approve
the amendments to Article XX of the zoning ordinance as presented.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and German
           Nays: None
MOTION PASSES (REQUIRES SECOND READING)


ANY OTHER BUSINESS
Mayor Johnson asked about accessory commercial units. Commissioner Kilgo
voiced his concerns about the unhoused population. Mayor Johnson asked the
Commission if they would be interested in a tour of the Rescue Mission. Mayor
Johnson thanked City Clerk Ann Meisch and staff for going above and beyond
on the recent election. Commissioner German stated what a privilege it is
being a District Delegate and that we need to work together to get things
done. Mayor Johnson stated that we cannot give safe harbor to hate.
Commissioner German asked about the ARPA Community Grants.
Commissioner Kilgo commented that we now have the most diverse
Commission.

PUBLIC COMMENT ON NON-AGENDA ITEMS
Public comments received.

ADJOURNMENT
The City Commission Meeting adjourned at 8:17 p.m.

                                      Respectfully Submitted,




                                  Page 7 of 8

                                                                              Page 11 of 228
    Ann Marie Meisch, MMC City Clerk




Page 8 of 8

                                       Page 12 of 228
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: November 26, 2024          Title: Beach Parking Pass Price Adjustments

Submitted by: LeighAnn Mikesell, Deputy City        Department: Manager's Office
Manager

Brief Summary:
Staff is requesting updated pricing for beach parking passes.

Detailed Summary & Background:
After reviewing data on attendance and passes sold, the Parking Committee is recommending
changes to the pay structure for beach parking passes. Placer.ai data indicates that Tuesdays and
Wednesdays are the days when attendance is lowest, and on Wednesdays attendees are more
likely to be local. Our beaches remain very popular on the weekends when daily fees are higher. In
an effort to spread attendance across all weekdays, we recommend the following price structure.
Monday, Tuesday, Thursday daily pass - $10
Wednesday daily pass - FREE
Friday through Sunday daily pass - $20
Season pass - $40
Ticket fees will be adjusted separately once price changes are finalized.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:


Goal/Action Item:
2027 Goal 4: Financial Infrastructure

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

Fund(s) or Account(s):                              Budget Amendment Needed:
101-772                                              Yes        X   No          N/A

Recommended Motion:
To approve the beach parking pass prices as presented.

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



                                                                                          Page 13 of 228
Information
Technology
Other Division Heads
Communication
Legal Review




                       Page 14 of 228
Beach Parking Cost Comparison

                                              Seasonal   Resident
City/County          Daily Fee   Weekly Fee       Pass       Pass   Comments

Petoskey                   $15                                      State park sticker also required
Saugatuck                  $15                     $75        $20
South Haven                $10          $30    $80-100              Seasonal pass rate for 3 year term
Saint Joseph           $7, $10                     $40              Daily rate higher for weekend
Berrien County         $8, $15                     $40              Daily rate based on county residency




                                                                                                           Page 15 of 228
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: November 26, 2024            Title: Contract Award - Lakeshore Dr Sewer CCTV

Submitted by: Joel Brookens, Engineer, Dan            Department: DPW- Engineering
VanderHeide, Public Works Director

Brief Summary:
Staff is requesting authorization to enter into a contract with Plummer's Environmental Services in the
amount of $41,916.11 for cleaning and video inspection services of storm and sanitary sewer along
Lakeshore Drive.

Detailed Summary & Background:
Bids were solicited for cleaning and video inspection services of certain sewers along Lakeshore
Drive. The condition of these sewers will then be analyzed and used to determine if any repairs or
replacement is needed during an up-coming road reconstruction project. Plummers provided the
low bid. The bid tabulation is attached.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Decrease infrastructure burden on residents, Sustainability in financial practices and infrastructure


Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Improved transportation connections
throughout the community

Amount Requested:                                     Budgeted Item:
$41,916.11                                            Yes       x    No           N/A

Fund(s) or Account(s):                                Budget Amendment Needed:
202-901-801-92408                                     Yes            No       x   N/A
590-901-801-92408

Recommended Motion:
Move to authorize staff to enter into a contract with Plummers Environmental Services for the amount
of $41,916.11 for the Lakeshore Dr Sewer CCTV project.

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




                                                                                              Page 16 of 228
Information
Technology
Other Division Heads
Communication
Legal Review




                       Page 17 of 228
                 Bid Tabulation
         Project: Lakeshore Drive Sewer CCTV
Bid Opening date: Oct. 31, 2024 @ 2:00


                 Contractor   Bid Total        % above low
                 Plummer's     $     41,916.11
                 Taplin        $     43,730.38       4.1%
                 Dukes's       $     91,174.28      54.0%




                                                             Page 18 of 228
Plummer's Environmental
Services, Inc
(Byron Center, MI)




              Page 19 of 228
Taplin Group, LLC
(Kalamazoo, MI)




         Page 20 of 228
Duke's
(Elgin, IL)




       Page 21 of 228
                           Agenda Item Review Form
                           Muskegon City Commission
Commission Meeting Date: November 26, 2024                Title: Amendment to NEZ Certificate Applications
                                                          for Shaw Walker Redevelopment Project, 920
                                                          Washington Ave., 965 W. Western Ave.

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

Brief Summary:
This amendment to the NEZ certificate applications is necessitated by the statutory requirement mandating
separate applications for units totaling up to eight per application. This measure ensures compliance while
facilitating the approval process for multiple buildings as part of the broader Shaw Walker redevelopment
project.

Detailed Summary & Background:

At the City Commission meeting on August 13, 2024 NEZ applications were approved for 15 years for Shaw
Walker Opportunity Business 1, LLC and Shaw Walker Opportunity Business 2, LLC for buildings 3-6 located at
920 Washington Ave. and 965 W. Western Ave.

The State reviewed the application package and determined that the NEZ applications must be amended to
include separate applications, with a maximum of eight units per application. As a result, there are now 120
applications covering Buildings 3, 4, 5, and 6, each with a 15-year duration for their respective certificates.

I have attached one application per building to this item for reference. Below is a summary of the buildings
and the number of units per building:

Building Details:

Building 3

     • Address: 920 Washington Ave

     • Floors Redeveloped: 1-5

     • Units Proposed: 327 residential units

     • Estimated Project Cost: $249,772,000

Building 4




                                                                                                     Page 22 of 228
     • Address: 920 Washington Ave

     • Floors Redeveloped: 2-4

     • Units Proposed: 16 residential units

     • Estimated Project Cost: $615,917

Building 5

     • Address: 920 Washington Ave and 965 W. Western Ave

     • Floors Redeveloped: 1-5

     • Units Proposed: 89 apartment units

     • Estimated Project Cost: $243,289

Building 6

     • Address: 920 Washington Ave

     • Floors Redeveloped: 1-5

     • Units Proposed: 69 residential units

     • Estimated Project Cost: $520,546


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 to approve the amendment for separate NEZ certificate applications for the redevelopment projects at
920 Washington Ave (Buildings 3, 4, 5, and 6) and 965 W. Western Ave (Building 5), in accordance with
statutory requirements, and authorize the Mayor and City Clerk to sign the resolution.

Approvals:                                             Guest(s) Invited / Presenting:


                                                                                                 Page 23 of 228
Immediate Division
Head                   No

Information
Technology
Other Division Heads
Communication
Legal Review




                            Page 24 of 228
                                            0             1'               2'                 0                    1'         2'                    0                   2'                              4'                     0         2'                 4'                       0                 4'                          8'               0                 4'                   8'                       0                8'                                 16'                    0                          8'                   16'                       0                                    16'                          32'                     0          16'            32'                   0             32'       64'
                               112"=1'-0"                                          1"=1'-0"                                         3
                                                                                                                                        4 "=1'-0"
                                                                                                                                                                                                                   1
                                                                                                                                                                                                                    2"=1'-0"
                                                                                                                                                                                                                                                                      3
                                                                                                                                                                                                                                                                          8"=1'-0"
                                                                                                                                                                                                                                                                                                                                        1
                                                                                                                                                                                                                                                                                                                                         4"=1'-0"
                                                                                                                                                                                                                                                                                                                                                                                                    3
                                                                                                                                                                                                                                                                                                                                                                                                        16"=1'-0"
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   1
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    8"=1'-0"
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         3
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             32"=1'-0"
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      1
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       16"=1'-0"
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      1
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       32"=1'-0"




                                                                                                                                                                                                                                                                                                                                                                      SHAW WALKER BUILDING UNIT MIX
                                                                                                                                                                                                                                                                                                                                                                                            6/5/2024                                            1st floor 2nd floor 3rd floor 4th floor 5th floor                                                                                                                                                                                                                                                         Parkland Properties
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        NO OF                                                                                                           % / NO.                                                        75 W Walton Ave., Suite A,
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        UNITS          % / NO. OF                                                                        GROSS            OF     NO OF                                                   Muskegon, MI 49440
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               TOTAL       NET SF/             GROSS     PER  % / UNIT BEDROOM                                                                    NET SF/ SF/   TOTAL BDRM TYPE A % PER
                                                                                                                                                                                                                                                                                                                                                                           UNIT                     TYPE                                         QTY       QTY                QTY          QTY           QTY                   UNITS        UNIT               SF/ UNIT TYPE   TYPE      TYPE                                       Unit Type Description          UNIT   UNIT UNITS TYPE UNITS TYPES*                                                       231-722-7001
                                                                                                                                                                                                                                                                                                                                                                      BUILDING 3 - Apartments                                                                                                                                                                                                                                       A1           studio/Junior BR    403    460     10 6.19%                                                            https://parklandmi.com/
                                                UP                                                                                                                                                                                                                                                                                                                    ST - A1        studio/Junior BR                                                  2            2               2               2                 2            10              403                     460         27                 3.06%        8.26%        A2           studio/Junior BR    426    480     12
                                                                                                                                                                                                                                                                                                                                                                      ST - A2        studio/Junior BR                                                  2            3               2               3                 2            12              426                     480                            3.67%                     A3           studio/Junior BR    443    484      5
                                                                                                                                                                                                                                                                                                                                                                      ST - A3        studio/Junior BR                                                  1            1               1               1                 1             5              443                     484                            1.53%                     A4           studio/Junior BR    511    537      4                                                                   SHAW WALKER
                                                                                                                                                                                                                                                                                                                                                                      1 BR - B1      1br/1ba                                                           8            8               8               8                 8            40              588                     661              259          12.23%            79.20%   B1           1br/1ba             588    661     40 70.26%                2.09%                                       930 WASHINGTON AVE
                                                                                                                                                                                                                                                                                                                                                                      1 BR - B2      1br/1ba                                                          10           10              10              10                10            50              527                     562                           15.29%                     B2           1br/1ba             527    562     50
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         MUSKEGON, MI 49441
                                                                                                                                                                                                                                                                                                                                                                      1 BR - B3      1br/1ba                                                          16           17              18              18                18            87              617                     635                           26.61%                     B3           1br/1ba             617    635     87
                                                                                                                                                                                                                                                                                                                                                                      1 BR - B3 ANSI 1br/1ba                                                           1            1               1               1                 1             5              640                     660                            1.53%                     B3 ANSI      1br/1ba             640    660      5                 5
                                                                                                                                                                                                                                                                                                                                                                      1 BR - B4      1br/1ba                                                           2            2               2               2                 2            10              614                     656                            3.06%                     B4           1br/1ba             614    656     10
                                                                                                                                                                                                                                                                                                                                                           A          1 BR - B7      1br/1ba                                                          13           14              13              14                13            67              510                     539                           20.49%                     B5           1br/1ba             740    800      2
                                                                                                                                                                                                                                                                                                                                                                      2 BR - C1      2br/2ba                                                           2            3               3               3                 3            14            1,154                   1,204         39                 4.28%        11.93%       B7           1br/1ba             510    539     67
                                                                                       DN                                                                                                                                                                                                                                                                             2 BR - C2      2br/2ba                                                           -            1               1               1                 1             4            1,159                   1,201                            1.22%                     B8 ANSI      1br/1ba             742    800      3                 3
                                                                                                  DN                                                                                                                                                                                                                                                                  2 BR - C4      2br/2ba                                                           2            2               2               2                 2            10              888                     940                            3.06%                     B9           1br/1ba             637    694      1
                                                                                                                                                                                                                                                                                                                                                                      2 BR - C8      2br/2ba                                                           1            1               1               1                 1             5            1,030                   1,095                            1.53%                     B10 (B7) 1br/1ba                 540    582     23
                                                                                        UP                                                                                                                                                                                                                                                                            2 BR - C9      2br/2ba                                                           1            -               1               -                 1             3              776                     830                            0.92%                     B10 (B2) 1br/1ba                 540    582     23                                                                                  37 OTTAWA NW
                                                                                         DN DN                                                                                                                                                       UP
                                                                                                                                                                                                                                                      DN
                                                                                                       DN
                                                                                                                   DN                                                                                                                                                                                                                                                 2 BR - C13     2br/2ba                                                           -            -               1               1                 1             3              848                     904                            0.92%                     B11          1br/1ba             732    763     35                                                                                       SUITE 700
                                                                                                                                                                                                                                                                                                                                                                      3 BR - D1      3br/2.5ba                                                         -            -               1               1                 -             2            1,208                   1,315                    2       0.61%            0.61%    B12          1br/1ba             704    767      1                       0.39%                                     GRAND RAPIDS, MI 49503-2900 USA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  327                                                                                               B20          1br/1ba             769    808      5                                                                             TEL +1.616.771.0909
                                                                                                                                                                                                                                                                                                                                                                      BUILDING 4 - Apartments                                                                                                                                                                                                                                       C1           2br/2ba            1154   1204     14 21.56%                2.54%                                                      www.ghafari.com
                                                                                                                                                                                                                                                                                                                                                                      1 BR - B5      1br/1ba                                                           -           -                1              1                  -            2               740                     800                    6      12.50%            37.50%   C2           2br/2ba            1159   1201      4
                                                                                                                                                                                                                                                                                                                                                                      1 BR - B8 ANSI 1br/1ba                                                           -           -                -              3                  -            3               742                     800                           18.75%                     C4           2br/2ba             888    940     10
                                                                                                  UP                                                                                                                                                                                                                                                                  1 BR - B9      1br/1ba                                                           -           -                -              1                  -            1               637                     694                            6.25%                     C6           2br/2ba            1192   1263      2
                                                                                                                                                                                                                                                                                                                                                                      3 BR - C3      3br/2.5ba                                                         -           1                1              -                  -            2             1,281                   1,336                    6      12.50%            37.50%   C7           2br/2ba             922    984      2
                                                                                                                                                                                                                                                                                                                                                                      3 BR - C5      3br/2.5ba                                                         -           2                2              -                  -            4             1,345                   1,436                           25.00%                     C8           2br/2ba            1030   1095      5
                                                                                                                                                                                                                                                                                                                                                                      2 BR - C6      2br/2ba                                                           -           1                1              -                  -            2             1,192                   1,263                    4                        25.00%   C9           2br/2ba             776    830      3
                                                                                                                                                                                                                                                                                                                                                    ANSI              2 BR - C7      2br/2ba                                                           -           -                1              1                  -            2               922                     984                           12.50%                     C10          2br/2ba             958    995      1                     0.39%
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  16                                                                                                C13 ANSI 2br/2ba                 848    904      3                 3
                                                                                   ANSI                                                                                                                                                        ANSI                                                                                                                   BUILDING 5 - Apartments                                                                                                                                                                                                                                       C20          2br/2ba             958    990      5
                                                                                                                                                                                                                                                                                                                                                                      ST - A4         studio/Junior BR                                                 -           1                1              1                 1             4               511                     537                    4       4.49%             4.49%   C21          2br/2ba             951   1003      6
                                                                                                                                                                                                                                                                                                                                                                      1 BR - B10 (B7) 1br/1ba                                                          -           6                6              6                 5            23               540                     582         82                25.84%            92.13%   C22          2br/2ba            1092   1127      8
                                                                                                                                                                                                                                                                                                                                                                      1 BR - B10 (B2) 1br/1ba                                                                      6                6              6                 5            23               540                     582                                                      C23          2br/2ba            1349   1414      5                                                           CONSULTANT INFORMATION
                                                                                                                                                                                                                                                                                                                                                                      1 BR - B11      1br/1ba                                                          7           7                7              7                 7            35               732                     763                           39.33%                     C24          2br/2ba            1261   1322      5
                                                                                                                                                                                                                                                                                                                                                                      1 BR - B12      1br/1ba                                                          -           1                -              -                 -             1               704                     767                            1.12%                     C25          2br/2ba            1262   1314      5
                                                                                                                                                                                                                                                                                                                                                                      2 BR - C10      2br/2ba                                                                                                                        1             1               958                     995          1                 1.12%            1.12%    C26          2br/2ba            1364   1476      5
                                                                                                                                                                                                                                                                                                                                                                      3 BR - D2       3br/2.5ba                                                        -            -               1              1                 -             2             1,121                   1,181          2                 2.25%            2.25%    C27          2br/2ba            1262   1337     10
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  89                                                                                                C28          2br/2ba            1262   1337     10
                                                                                                                                                                                                                                                                                                                                                                      BUILDING 6 - Condos                                                                                                                                                                                                                                           C29          2br/2ba            1277   1371      5
                                                                                                                                                                                                                                                                                                                                                                      1 BR - B20    1br/1ba                                                            1           1                1              1                 1             5               769                     808                     5      7.25%             7.25%   D1           3br/2.5ba          1208   1315      2 2.00%
                                                                                                                                                                                                                                                                                                                                                                      2 BR - C20    2br/2.5ba                                                          1           1                1              1                 1             5               776                     830                    64      7.25%            92.75%   D2           3br/2.5ba          1121   1181      2
                                                                                                                                                                                                                                                                                                                                                                      2 BR - C21    2br/2.5ba                                                          2           1                1              1                 1             6               951                   1,003                            8.70%                     C3           3br/2.5ba          1281   1336      2
                                                                                                                                                                                                                                                                                                                                                                      2 BR - C22    2br/2.5ba                                                          -           2                2              2                 2             8               848                     904                           11.59%                     C5           3br/2.5ba          1345   1436      4
                                                                                                                                                                                                                                                                                                                                                                      2 BR - C23    2br/2.5ba                                                          1           1                1              1                 1             5             1,349                   1,315                            7.25%                                                                    501
                                                                                                                                                                                                                                                                                                                                                                      2 BR - C24    2br/2.5ba                                                          1           1                1              1                 1             5             1,261                   1,322                            7.25%                     * Studio & 1 BR Combined and 2 BR & 3BR Combined for % Type A per type
                                                                                                                                                                                                                                                                                                                                                                      2 BR - C25    2br/2.5ba                                                          1           1                1              1                 1             5             1,262                   1,314                            7.25%
                                                                                                                                                                                                                                                                                                                                                                      2 BR - C26    2br/2.5ba                                                          1           1                1              1                 1             5             1,364                   1,476                            7.25%                                                                                           ANSI required units (2%) total
                                                                                                                                                                                                                                                                                                                                                                      2 BR - C27    2br/2.5ba                                                          2           2                2              2                 2            10             1,262                   1,337                           14.49%                     Phase 1 Unit Subtotal (Bldg...                  61    69           73      74       66       343      7
                                                                                                                                                                                                                                                                                                                                                                      2 BR - C28    2br/2.5ba                                                          2           2                2              2                 2            10             1,262                   1,337                           14.49%                     Phase 2 Unit Subtotal (Bldg...                  20    35           35      35       33       158      4
                                                                                                                                                                                                                                                                                                                                                                      2 BR - C29    2br/2.5ba                                                          1           1                1              1                 1             5             1,277                   1,371                            7.25%                     TOTAL ANSI UNITS REQUIRED                                                                    501     11
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  69
                                                                                                                                                                                   ANSI                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ST               0
                                                                                                                                                                                                                                                                                                                                                                                                TOTAL BLDG UNITS                                     81       104                108          109            99     501                                                                                                                                                                                                  1BR (B3, B8)     8
                                                                                                                                                                                                                                                                                                                                                                                                TOTAL GROSS UNIT SF                              45,554    60,205             64,718       62,880        55,380 288,737                                                                                                                                                                                                  2 BR (C13)       3
                                                                           NIC                                                                                                                                                           NIC                                                                                                                                                    Common Areas (corridors, stairs, etc)            20,226    16,203             13,877       14,003        22,468  86,777                                                                                                                                                                                                  3 BR             0
                                                                                                                                                                                                                                                                                                                                                                                                Parking (not included in calc)                        0         -                  -            -             -       -                                                                                                             TOTAL ANSI UNITS PROVIDED                                                                            11
                                                                                                                                                                                                                                                                                                                                                                                                Clubhouse                                             -         -                  -            -         2,597   2,597
                                                                                                                                                                                                                                                                                         NIC
                                                                                                                                                                                                                                                                                                                                                                                                Utility                                           1,231  1,953  1,058  2,828    762   7,832
                                                                                                                                                                                                                                                                                                                                                                                                Future Restaurant                                 5,460      -      -      -      -   5,460
                                                                                                                                                                                                                                                                                                                                                                                                Future Retail                                     4,448      -      -      -      -   4,448
                                                                                                                                                                                                                                                                                                                                                                                                Storage                                           7,387  1531   2353   2,849  1,082  15,202
                                                                                                                                                                                                                                                                                                                                                                                                % Efficiency                                    74.55% 77.27% 81.79% 79.61% 68.61% 70.24%
                                                                                                                                                                                                                                                                                                                                                                                                TOTAL GROSS BLDG (W/O...                         84,306 79,892 82,006 82,560 82,289 411,053
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 REGISTRATION SEAL


                                                                                                                                                                                                                                                                                                                                                                                                    ICC A117.1 NOTE
                                                                                                                                                                                                                                                                                                                                                                                                    SEE DRAWINGS FOR UNIT LISTED AS ANSI (THESE ARE "TYPE A UNITS"). ALL OTHER

                               5      UNIT MIX - FIFTH FLOOR                                                                                                               3      UNIT MIX - THIRD FLOOR
                                                                                                                                                                                                                                                                                                                                                                                                    UNITS ON ACCESSIBLE LEVELS (SEE THIS SHEET FOR LOCATIONS) ARE CONSIDERED
                                                                                                                                                                                                                                                                                                                                                                                                    "TYPE B UNITS". BLOCKING SHALL BE INSTALLED IN ALL UNITS FOR FUTURE
                                                                                                                                                                                                                                                                                                                                                                                                    ADAPTATIONS. GRAB BARS IN TYPE A UNITS CAN BE INSTALLED IN THE FUTURE.
                            AD2-00-01 SCALE: 1" = 60'-0"                                                                                                                AD2-00-01 SCALE: 1" = 60'-0"                                                                                                                                                                                                                                                                                                                                                                                                                                OCCUPANCY TYPE AND UNIT MIX

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 A1                    C6                                              FITNESS

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 A2                    C7                                              FUTURE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       RESTAURANT (A2)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 A3                    C8
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       FUTURE
                                                                                                                                                                                                         DN                                                                                                                                                                                             UP                                                                                                                                                                                                                                                                                                             RESTAURANT
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 A4                    C9                                              LOADING (S2)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 B1                    C10                                             FUTURE RETAIL (M)


                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 B2                    C13 - ANSI                                      STORAGE (S2)


                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 B3                    C20                                             UTILITY
                                                                                                  DN
                                                                                                  DN

                                                                                        DN
                                                                                                                                                                                                                                                                                                                                                                                                                                                           UP                                                                                                                                                                                    B3 - ANSI             C21
                                                                                         UP                                                                                                                                                                 DN
                                                                                                                                                                                                                                                             UP

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 B4                    C22
                                                                                                                                                                                                                                                                                                                                                                                                                                                                              DN
                                                                                                                                                                                                       DN                                                                                                                                                                                                UP
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 B5                    C23
                                                                                                                                   ANSI
                                                                                                                                                                                                                                                                                                                                                                                                                                                      DN
                                                                                                                                                                                                                                                                                                                                                                                                                                                      DN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 B7                    C24
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       ANSI

                                                                                                                                                                                          ANSI                                                                                                                                                             ANSI                                                                                                                                                                                                                                                                                  B8 - ANSI             C25
                                                                                    ANSI                                                                                                                                                                                                                                                                                                                                                                                                           UP
                                                                                                                                                                                                                                                                                           DN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 B9                    C26

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 B10                   C27

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 B11                   C28

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 B12                   C29

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 B20                   D1

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 C1                    D2                                                                         A    06/24/24   DOC REL 09 - ADDENDUM A
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       06/03/24   DOC REL 07 - IFB
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       04/22/24   DOC REL 05 - 85% CD
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 C2                    BUSINESS (B)                                                                    03/11/24   DOC REL 04 - 50% CD
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 REV    DATE        DOC REL ## - DESCRIPTION

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 C3                    CLUBHOUSE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  PROJECT #                          2300029
                                                                                 NIC                                                                                                                                                           NIC                                                                                                                                                                                              NIC                                                                                                                                                                                              C4                    COMMON SPACE                                                               PROJECT MANAGER             M. VANWIENEN
6/24/2024 8:50:58 AM




                                                                                                                                                                                                                                                                                                 NIC
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  DESIGNED BY                      A. ECKERT
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 C5                    LOUNGE (A2)                                                                DRAWN BY               B. CHIU / N. WIERSMA

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        NIC                                                                                                                                                                                                                                       QUALCHECK                   GRAND RAPIDS
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  SHEET TITLE


                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           UNIT MATRIX
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             PLANS
GHAFARI ASSOCIATES © 2023




                                    4      UNIT MIX - FOURTH FLOOR                                                                                                         2      UNIT MIX - SECOND FLOOR                                                                                                                                                                1      UNIT MIX - FIRST FLOOR
                                 AD2-00-01 SCALE: 1" = 60'-0"                                                                                                           AD2-00-01 SCALE: 1" = 60'-0"                                                                                                                                                                  AD2-00-01 SCALE: 1" = 60'-0"
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     GO1-01-00
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             SHEET NUMBER



                                                     1"=10'-0"
                                                                 0   10'                20'
                                                                                                   1"=20'-0"
                                                                                                               0        20'                   40'
                                                                                                                                                        1"=30'-0"
                                                                                                                                                                    0        30'                 60'
                                                                                                                                                                                                             1"=40'-0"
                                                                                                                                                                                                                         0         40'                80'
                                                                                                                                                                                                                                                                 1"=50'-0"
                                                                                                                                                                                                                                                                             0                 50'          100'
                                                                                                                                                                                                                                                                                                                   1"=60'-0"
                                                                                                                                                                                                                                                                                                                               0           60'                 120'
                                                                                                                                                                                                                                                                                                                                                                           1"=80'-0"
                                                                                                                                                                                                                                                                                                                                                                                       0                   80'          160'
                                                                                                                                                                                                                                                                                                                                                                                                                               1"=100'-0"
                                                                                                                                                                                                                                                                                                                                                                                                                                            0               100'                        200'
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    1"=200'-0"
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 0                      200'                       400'
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 1"=400'-0"
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              0                     400'            800'
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  1"=500'-0"
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               0       500'              1000'                   0            1000'      2000'                                            00-1-0
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   1"=1000'-0"


                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Page 25 of 228
Page 26 of 228
Page 27 of 228
Page 28 of 228
Page 29 of 228
Page 30 of 228
Page 31 of 228
Page 32 of 228
Page 33 of 228
                                    Resolution No. ________

                              MUSKEGON CITY COMMISSION

                RESOLUTION TO APPROVE THE ISSUANCE
     OF NEIGHBORHOOD ENTERPISE ZONE CERTIFICATES FOR MUILTIPLE
                            BUILDINGS


WHEREAS, the City of Muskegon currently has established Neighborhood Enterprise Zone
districts within the City, and;

WHEREAS, an application for a Neighborhood Enterprise Zone Certificate for rehabilitated
facilities have been filed with the City Clerk by Shaw Walker Opportunity Business 1 LLC and
Shaw Walker Opportunity Business 2, LLC to construct residential units at 920 Washington
Ave. and 965 W. Western Ave. (Buildings 3, 4, 5, and 6) and 965 W. Western Ave (Building 5) and;

WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a
Neighborhood Enterprise Zone Certificates;

WHEREAS, the Neighborhood Enterprise Zone Certificate has been approved for fifteen (15)
years;

NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise
Zone Certificates for residential units at 920 Washington Ave (Buildings 3, 4, 5, and 6) and 965 W.
Western Ave (Building 5) by Shaw Walker Opportunity Business 1 LLC and Shaw Walker
Opportunity Business 2, LLC be approved.

Adopted this 26th day of November, 2024.


Ayes:

Nays:

Absent:


                                                      By: __________________________
                                                             Ken Johnson
                                                             Mayor


                                                      Attest: _________________________
                                                              Ann Meisch
                                                              City Clerk




                                                                                             Page 34 of 228
                                       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 November 26, 2024.

                                                                By: ________________________
                                                                          Ann Meisch
                                                                          City Clerk




                                                                                           Page 35 of 228
                                                                                                                                                                      Reset Form
Michigan Department of Treasury
4775 (Rev. 02-23), Page 1
                                                                                                           LOCAL GOVERNMENTAL UNIT USE ONLY
                                                                                                       Application No.                          Date Received

Application for Neighborhood Enterprise
                                                                                                                               STATE USE ONLY
                                                                                                        Application No.                         Date Received
Issued under authority of Public Act 147 of 1992, as amended.


Read the instructions before completing the application.

application and required documents with the clerk of the local governmental unit. The additional documents to complete the application



 PART 1: OWNER/DEVELOPER/APPLICANT INFORMATION
 Owner/Developer/Applicant Name
 Shaw Walker Opportunity Zone Business 2, LLC
 Facility’s Street Address
                                                                                                Type of Approval Requested
 920 Washington Ave (Bldg No 3, Units 1-8)
 City                                                State                                                                         Rehabilitated                 Transfer
                                                                                                         New Facility
                                                                                                                                   Facility                      (1 copy only)
 Muskegon                                               MI            49441
 Name of City, Township or Village (taxing authority)
                                                                                                 15
 Muskegon                                                                                       Is the facility owned or rented by occupants?
              City                       Township                         Village                        Owned                                   Rented

 County                                                                                         Type of Property (check one)
 Muskegon                                                                                                House                     Duplex                        Condo
 School District
                                                                                                         Loft                                                327
                                                                                                                                   Apartment - No. of Units _________
 Muskegon City School District
 Name of LGU that established district                                                                                                           Date district was established
 City of Muskegon                                                     The Watermark                                                                           09/13/2016
 Identify who will complete the work
          Licensed Contractor                Other _________________________                    $249,772.00
 Describe the general nature and extent of the new construction or rehabilitation to be undertaken. For rehabilitation only, include Breakdown of Investment Costs.
 Use attachments if necessary.
 See attached Exhibit A and B.




 Timetable for undertaking and completing the rehabilitation or construction of the facility.      Additional Timetable Information (if applicable)
 Begin Date
 8/30/2024             8/30/2027
 PART 2: OWNER/DEVELOPER/APPLICANT CERTIFICATION
 Contact Name

  Jon Rooks
 Contact Telephone Number
  (231) 722-7001                                                                                jon@parklandgr.com; jbelka@wnj.com
 Owner/Developer/Applicant Name

  Shaw Walker Opportunity Zone Business 2, LLC
 Owner/Developer/Applicant Telephone Number

  (231) 722-7001                                                                                jon@parklandgr.com; jbelka@wnj.com
 Owner/Developer/Applicant Mailing Address                                                      City                                                  State

  75 W. Walton, Suite A                                                                          Muskegon                                           MI              49440
 I certify the information contained herein and in the attachments are true and that all are truly descriptive of the residential real property for which this
 application is being submitted.
 I certify I am familiar with the provisions of Public Act 147 of 1992, as amended, (MCL 207.771 to 207.787) and to the best of my knowledge, I have
 complied or will be able to comply with all of the requirements thereof which are prerequisite to the approval of the application by the LGU and the

 Owner/Developer/Applicant Signature                                                            Date

                                                                                                 11/12/2024

                                                                                                                                                                Continue on Page 2

                                                                                                                                                                     Page 36 of 228
4775, Page 2



 PART 3: LGU ASSESSOR CERTIFICATION                             (Assessor of LGU must complete Part 3




 Name of LGU


 Name of Assessor (First and last name)


 Telephone Number



 I certify that, to the best of my knowledge, the information contained in Part 3 of this application is complete and accurate.
 Assessor’s Signature                                                                                                             Date



 PART 4: LGU ACTION/CERTIFICATION
 Action taken by LGU:
                                                                                  an administratively complete application:


                                                                                         1. Original Application


                                                                                         2. Legal description of the real property with parcel



                                                                                         3. Resolution approving the zone.
 Date of resolution approving/denying this application
                                                                                         4. Resolution approving the application.
 Clerk’s Name (First and Last)
                                                                                         5. REHABILITATION APPLICATIONS ONLY.
 Telephone Number                                                                           Statement by the assessor showing the taxable value of the
                                                                                            rehabilitated facility not including the land, for the tax year



 Mailing Address                                                                  City                                            State


 I certify that I have reviewed this application for complete and accurate information and determined that the subject property is located within a




 Clerk Signature                                                                                                                  Date




For faster service, the LGU should email the completed application and required documents to PTE@michigan.gov.

An additional submission option is to mail the completed application and required documents to:

Michigan Department of Treasury, State Tax Commission
P.O. Box 30471
Lansing, MI 48909

Note:
documents should be sent by email or mail directly to the State of Michigan only
the LGU. See the instruction sheet attached.

Any questions concerning the completion of this application should be directed to the LGU clerk.




                                                                                                                                                 Page 37 of 228
                                  EXHIBIT A
                          PROPERTY LEGAL DESCRIPTION

Address:     920 Washington Ave (Building No. 3, Units 1-8)

PIN#:        61-24-205-467-0001-00

Parcel Size: 5.16 Acres

Legal:       CITY OF MUSKEGON REVISED PLAT 1903 PT OF BLKS 467 AND 468 AND
             ENTIRE BLK 474 TOGETHER WITH PT OF THE C & O RR R/W IN SD BLK 467 VAC
             MICHIGAN AVE BET SD BLKS 467 & 474 THE 2 VAC ALLEYS IN SD BLK 474
             DESC AS BEG ON THE N R/W LN OF MICHIGAN AVE AT A POINT BEING N 89D
             48M 11S E 549.04 FT FROM THE SW COR OF SD BLK 468 TH N 02D 11M 01S E 7.87
             FT TH S 87D 51M 37S E 111.67 FT ALG SLY LN OF A 5 STY BLDG TH N 02D 23M
             08S E 85.09 FT ALG E SIDE OF A 4 IN WALL TH S 87D 48M 59S E 28.01 FT ALG
             NLY LN OF SD 5 STY BLDG TH N 02D 11M 01S E 21.28 FT ALG SD BLDG TH N
             88D 38M 32S W 12.93 FT ALG SD BLDG LN TH N 00D 42M 58S E 57.92 FT ALG SD
             BLDG LN TH S 88D 25M 41S E 8.43 FT ALG SD BLDG LN TH N 00D 42M 58S E
             29.45 FT ALG SD BLDG LN TH N 88D 25M 41S W 0.40 FT ALG SD BLDG LN TH N
             01D 34M 19S E 0.30 FT ALG SD BLDG LN TH N 88D 25M 41S W 8.72 FT ALG SD
             BLDG LN TH N 00D 30M 20S E 24.63 FT TH N 82D 30M 04S W 8.71 FT TH S 00D
             30M 20S W 9.53 FT TH N 83D 24M 04S W 13.72 FT ALG SD 5 STY BLDG LN TH N
             09D 23M 07S E 9.68 FT ALG SD 5 STY BLDG LN TH N 82D 30M 04S W 112.12 FT
             ALG SD BLDG LN & THE EXTENSION TH'OF TH N 07D 28M 33S E 75.55 FT ALG
             SD BLDG LN & THE EXTENSION TH'OF TH S 82D 42M 42S E 474.11 FT ALG THE
             SLY R/W LN OF WESTERN AVE TH S 00D 01M 06S E 664.21 FT ALG THE W R/W
             LN 0F DIVISION ST TH S 89D 34M 02S W 476.58 FT ALG THE N R/W LN OF
             WASHINGTON AVE TH N 00D 20M 35S W 414.17 FT ALG THE E R/W LN OF
             HUDSON ST TH S89D 48M 11S W 1.29 FT ALG THE N R/W LN OF MICHIGAN AVE
             TO POB CONTAINING 304,686 SF (6.995 AC) EXCEPT CITY OF MUSKEGON
             REVISED PLAT OF 1903 PART OF BLKS 467 & 474 TOGETHER WITH PART OF
             VAC HUDSON PART OF MI AVE BOTH OF WHICH ARE BET SD BLKS & PART OF
             VAC ALLEY IN SD BLK 474 ALL OF A SECOND VAC ALLEY IN SD BLK 474 MORE
             PARTICULARLY DESC AS COM @ SW COR SD BLK 474 FOR POB TH N 00D 20M
             35S W 414.17 FT ALG E LN OF HUDSON ST TH S 89D 48M 11S W 1.29 FT ALG N
             LN OF MICHIGAN AVE TH N 02D 11M 01S E 7.87 FT TH S 87D 51M 37S E 185.29
             FT ALG SLY LN OF A 5 STORY BLDG TH S 00D 06M 34S W 231.27 FT ALG W LN
             OF A 5 STORY BLDG THN 89D 57M 03S E 39.77 FT ALG EXPANSION JOINT BET 5
             STORY BLDGS TH S 00D 00M 25S W 182.21 FT ALG W LN OF A 10" BRICK WALL
             TH S 89D 34M 02S W 221 FT ALG N LN OF WASHINGTON AVE TO POB SUBJ TO
             DECLARATION OF RESTRICTIVE COVENANT RECOR'D 3629/083 SBJT TO
             ELECTRIC LNS ESMT RECORD'D L/P 3630/666 DESC AS A 10FT WIDE STRIP &
             BEING 5 FT ON EA SIDE OF EA UNDERGROUND ELECTRIC LN AS
             CONSTRUCTED ON OWNER'S LAND A 30 FT WIDE STRIP OF LAND BEING 15 FT
             ON EA SIDE OF EA OVERHEAD ELECTRIC LN AS CONSTRUCTED ON OWNERS
             LAND




                                                                                  Page 38 of 228
                                EXHIBIT B
               GENERAL NATURE AND EXTENT OF REHABILITATION



        Shaw Walker Opportunity Zone Business 2, LLC (the “Developer”) is proposing the
redevelopment of Building #3, units 1-8, on a parcel of property located at 920 Washington Ave,
Muskegon, MI 49441 that contains a total of approximately 5.16 acres in the City of Muskegon
(the “Property”). The Property is currently improved with four buildings. Redevelopment of
Building #3 includes a complete renovation of the existing approximately 270,785 sf of existing
space, into three hundred twenty-seven (327) residential rental units, of which 20 will be offered
for income qualified households with an annual household income of not more than 100% area
median income (AMI) (the “Project”).

        Rehabilitation is expected to begin in the Fall of 2024 and is expected to be completed
within approximately 36-months. The Project is part of the overall Shaw Walker redevelopment
project with an estimated total capital investment of approximately $175 million. The total capital
investment of the Project is estimated to be approximately $81,675,375.




                                                                                               Page 39 of 228
DEVELOPMENT BUDGET
         Development Name:          Shaw Walker Redevelopment - Building 3 NEZ
       City/Township/Village:       City of Muskegon
                      County:       Muskegon
           Construction Type:       Adaptive redevelopment


Hard Costs
             Public Infrastructure (roads, sidewalks, utilities, sewage, etc.)                                      $129,595
             Site Improvements (walks, drives, landscaping, fencing, lights, and drainage)                          $237,856
             Demolition (Include Lead & Asbestos Abatement)                                                       $1,919,818
             Other Environmental Mitigation                                                                         $871,734
             Earth Work                                                                                             $132,147
             Site Utilities                                                                                         $280,171
             Other:       Parking improvements                               New                                    $240,147
                                                                       Constructi
                                                                          on        Rehabilitation Renovation
             Structures                                                       $0                $52,632,658      $52,632,658
              Parking Structures                                                                  $711,669         $711,669
              Building Concrete/Masonry                                                          $1,837,696       $1,837,696
              Carpentry                                                                          $5,104,711       $5,104,711
              Roofing/Metal/Siding/Insulation/Caulking                                           $2,658,885       $2,658,885
              Doors/Windows/Glass                                                                $5,069,832       $5,069,832
              Drywall/Acoustical                                                                 $7,759,161       $7,759,161
              Flooring                                                                           $3,675,392       $3,675,392
              Cabinets/Countertops/Appliances                                                    $2,041,884       $2,041,884
              Painting/Decorating                                                                $1,633,508       $1,633,508
              Plumbing/Electrical/Fire Protection                                               $12,887,693      $12,887,693
              HVAC                                                                               $3,754,539       $3,754,539
              Accessory Buildings/Garages                                                        $4,900,523       $4,900,523
              Elevators/Special Equipment                                                         $597,165         $597,165
              Tenant Upgrades                                                                                             $0
              Other:                                                                                                      $0
             Builder Overhead/Profit/General Requirements                     $0    $              9,392,668      $9,392,668
             Permits/Tap Fees/Bond/Cost Certification                         $0    $              2,858,638      $2,858,638
             Construction Contingency                                         $0    $              4,900,523      $4,900,523
             Other:     Personnel/weather/equipment                           $0    $              5,308,899      $5,308,899
                                     Subtotal Hard Costs                                                         $78,904,854

Other Eligible Costs
            Machinery & Equipment                                                                                    $10,006
            Furniture & Fixtures                                                                                  $1,225,131
            Architectural & Engineering                                                                           $1,429,319
            Environmental Studies/Soil Testing                                                                       $90,055
            Survey                                                                                                   $16,010
            Other:
                              Subtotal Eligible Soft Costs                                                        $2,770,521

                                                                                                         Total   $81,675,375




                                                                                                                          Page 40 of 228
                                                                                                                                                                                                                                                                              Page 41 of 228
                                                                   PARCEL #1
                                                              965 W WESTERN AVE
                          _ FRANKLIN ST




                                                           PIN: 61-24-205-468-0001-10
                                                                                     che
                                                                                     crete
                                                           pl                              ae            eg          ee
be:                                                                           MICHIGAN AVE
                                                                                                     F
                                                                e
                                             Hows,
                                                                                                fj
                                                                           bend                          Eva         a        geal                               ae.         _ - oa
                                                                                             mmm         |   @             ar“.                                                                                                                                           a
 LEGEND                                                                                                                                                                                                                                         WATERMARK         =    —=S
                                                                                                                                                                                                                                                DEVELOPMENT
      4 = Monitonng             (Abpormarche, 1993-85)   <=         Farmer Railroad Spur                                                                                                                                                        920 - 930 WASHINGTON
 ——        Appx. fovea
                    Parcel Boundanes                     Fe |                                                                                                                             F                                                     AVE, : MUSKEGON, Mi
                                                                    Site Burkkings                                                               cEET                                 Environmental
                                                                                                                                                                                          i      ntal           R   Resources Group             aaa              -
 Lore Perer sie raaures                                                                                      100   = «50             0             100           200   300            28003 Center Gaks Court « Suite 106 » Wixom, Ml + 48393
                                                                                                              a                          a                       ee]                  Panes ARTII-T9G*Fax 24826-3108                            =CE  NO. S67
                                                                                                                                             1 INCH = 100 FEET                                                                                  BY: TNV   DATE:   8/26/2022
NOTE: BUILDING AREAS SHOWN ARE APPROXIMATE FOOTPRINT                         AREAS AND:
                                                                                                                                                                                                                                                FIGURE   1
IDO NOT RE!   SENT TOTAL BUILDING SQUARE FOOTAGE.
                                                                                                                                                                      Reset Form
Michigan Department of Treasury
4775 (Rev. 02-23), Page 1
                                                                                                           LOCAL GOVERNMENTAL UNIT USE ONLY
                                                                                                       Application No.                          Date Received

Application for Neighborhood Enterprise
                                                                                                                               STATE USE ONLY
                                                                                                        Application No.                         Date Received
Issued under authority of Public Act 147 of 1992, as amended.


Read the instructions before completing the application.

application and required documents with the clerk of the local governmental unit. The additional documents to complete the application



 PART 1: OWNER/DEVELOPER/APPLICANT INFORMATION
 Owner/Developer/Applicant Name
 Shaw Walker Opportunity Zone Business 2, LLC
 Facility’s Street Address
                                                                                                Type of Approval Requested
 920 Washington Ave (Bldg No 4, Floor 2, Units 1-4)
 City                                                State                                                                         Rehabilitated                 Transfer
                                                                                                         New Facility
                                                                                                                                   Facility                      (1 copy only)
 Muskegon                                               MI            49441
 Name of City, Township or Village (taxing authority)
                                                                                                 15
 Muskegon                                                                                       Is the facility owned or rented by occupants?
              City                       Township                         Village                        Owned                                   Rented

 County                                                                                         Type of Property (check one)
 Muskegon                                                                                                House                     Duplex                        Condo
 School District
                                                                                                         Loft                                                16
                                                                                                                                   Apartment - No. of Units _________
 Muskegon City School District
 Name of LGU that established district                                                                                                           Date district was established
 City of Muskegon                                                     The Watermark                                                                           09/13/2016
 Identify who will complete the work
          Licensed Contractor                Other _________________________                    $615,917.00
 Describe the general nature and extent of the new construction or rehabilitation to be undertaken. For rehabilitation only, include Breakdown of Investment Costs.
 Use attachments if necessary.
 See attached Exhibit A and B.




 Timetable for undertaking and completing the rehabilitation or construction of the facility.      Additional Timetable Information (if applicable)
 Begin Date
 8/30/2024             8/30/2027
 PART 2: OWNER/DEVELOPER/APPLICANT CERTIFICATION
 Contact Name

  Jon Rooks
 Contact Telephone Number
  (231) 722-7001                                                                                jon@parklandgr.com; jbelka@wnj.com
 Owner/Developer/Applicant Name

  Shaw Walker Opportunity Zone Business 2, LLC
 Owner/Developer/Applicant Telephone Number

  (231) 722-7001                                                                                jon@parklandgr.com; jbelka@wnj.com
 Owner/Developer/Applicant Mailing Address                                                      City                                                  State

  75 W. Walton, Suite A                                                                          Muskegon                                           MI              49440
 I certify the information contained herein and in the attachments are true and that all are truly descriptive of the residential real property for which this
 application is being submitted.
 I certify I am familiar with the provisions of Public Act 147 of 1992, as amended, (MCL 207.771 to 207.787) and to the best of my knowledge, I have
 complied or will be able to comply with all of the requirements thereof which are prerequisite to the approval of the application by the LGU and the

 Owner/Developer/Applicant Signature                                                            Date

                                                                                                 11/12/2024

                                                                                                                                                                Continue on Page 2

                                                                                                                                                                     Page 42 of 228
4775, Page 2



 PART 3: LGU ASSESSOR CERTIFICATION                             (Assessor of LGU must complete Part 3




 Name of LGU


 Name of Assessor (First and last name)


 Telephone Number



 I certify that, to the best of my knowledge, the information contained in Part 3 of this application is complete and accurate.
 Assessor’s Signature                                                                                                             Date



 PART 4: LGU ACTION/CERTIFICATION
 Action taken by LGU:
                                                                                  an administratively complete application:


                                                                                         1. Original Application


                                                                                         2. Legal description of the real property with parcel



                                                                                         3. Resolution approving the zone.
 Date of resolution approving/denying this application
                                                                                         4. Resolution approving the application.
 Clerk’s Name (First and Last)
                                                                                         5. REHABILITATION APPLICATIONS ONLY.
 Telephone Number                                                                           Statement by the assessor showing the taxable value of the
                                                                                            rehabilitated facility not including the land, for the tax year



 Mailing Address                                                                  City                                            State


 I certify that I have reviewed this application for complete and accurate information and determined that the subject property is located within a




 Clerk Signature                                                                                                                  Date




For faster service, the LGU should email the completed application and required documents to PTE@michigan.gov.

An additional submission option is to mail the completed application and required documents to:

Michigan Department of Treasury, State Tax Commission
P.O. Box 30471
Lansing, MI 48909

Note:
documents should be sent by email or mail directly to the State of Michigan only
the LGU. See the instruction sheet attached.

Any questions concerning the completion of this application should be directed to the LGU clerk.




                                                                                                                                                 Page 43 of 228
                                  EXHIBIT A
                          PROPERTY LEGAL DESCRIPTION

Address:     920 Washington Ave (Building No. 4, Floor 2, Units 1-4)

PIN#:        61-24-205-467-0001-00

Parcel Size: 5.16 Acres

Legal:       CITY OF MUSKEGON REVISED PLAT 1903 PT OF BLKS 467 AND 468 AND
             ENTIRE BLK 474 TOGETHER WITH PT OF THE C & O RR R/W IN SD BLK 467 VAC
             MICHIGAN AVE BET SD BLKS 467 & 474 THE 2 VAC ALLEYS IN SD BLK 474
             DESC AS BEG ON THE N R/W LN OF MICHIGAN AVE AT A POINT BEING N 89D
             48M 11S E 549.04 FT FROM THE SW COR OF SD BLK 468 TH N 02D 11M 01S E 7.87
             FT TH S 87D 51M 37S E 111.67 FT ALG SLY LN OF A 5 STY BLDG TH N 02D 23M
             08S E 85.09 FT ALG E SIDE OF A 4 IN WALL TH S 87D 48M 59S E 28.01 FT ALG
             NLY LN OF SD 5 STY BLDG TH N 02D 11M 01S E 21.28 FT ALG SD BLDG TH N
             88D 38M 32S W 12.93 FT ALG SD BLDG LN TH N 00D 42M 58S E 57.92 FT ALG SD
             BLDG LN TH S 88D 25M 41S E 8.43 FT ALG SD BLDG LN TH N 00D 42M 58S E
             29.45 FT ALG SD BLDG LN TH N 88D 25M 41S W 0.40 FT ALG SD BLDG LN TH N
             01D 34M 19S E 0.30 FT ALG SD BLDG LN TH N 88D 25M 41S W 8.72 FT ALG SD
             BLDG LN TH N 00D 30M 20S E 24.63 FT TH N 82D 30M 04S W 8.71 FT TH S 00D
             30M 20S W 9.53 FT TH N 83D 24M 04S W 13.72 FT ALG SD 5 STY BLDG LN TH N
             09D 23M 07S E 9.68 FT ALG SD 5 STY BLDG LN TH N 82D 30M 04S W 112.12 FT
             ALG SD BLDG LN & THE EXTENSION TH'OF TH N 07D 28M 33S E 75.55 FT ALG
             SD BLDG LN & THE EXTENSION TH'OF TH S 82D 42M 42S E 474.11 FT ALG THE
             SLY R/W LN OF WESTERN AVE TH S 00D 01M 06S E 664.21 FT ALG THE W R/W
             LN 0F DIVISION ST TH S 89D 34M 02S W 476.58 FT ALG THE N R/W LN OF
             WASHINGTON AVE TH N 00D 20M 35S W 414.17 FT ALG THE E R/W LN OF
             HUDSON ST TH S89D 48M 11S W 1.29 FT ALG THE N R/W LN OF MICHIGAN AVE
             TO POB CONTAINING 304,686 SF (6.995 AC) EXCEPT CITY OF MUSKEGON
             REVISED PLAT OF 1903 PART OF BLKS 467 & 474 TOGETHER WITH PART OF
             VAC HUDSON PART OF MI AVE BOTH OF WHICH ARE BET SD BLKS & PART OF
             VAC ALLEY IN SD BLK 474 ALL OF A SECOND VAC ALLEY IN SD BLK 474 MORE
             PARTICULARLY DESC AS COM @ SW COR SD BLK 474 FOR POB TH N 00D 20M
             35S W 414.17 FT ALG E LN OF HUDSON ST TH S 89D 48M 11S W 1.29 FT ALG N
             LN OF MICHIGAN AVE TH N 02D 11M 01S E 7.87 FT TH S 87D 51M 37S E 185.29
             FT ALG SLY LN OF A 5 STORY BLDG TH S 00D 06M 34S W 231.27 FT ALG W LN
             OF A 5 STORY BLDG THN 89D 57M 03S E 39.77 FT ALG EXPANSION JOINT BET 5
             STORY BLDGS TH S 00D 00M 25S W 182.21 FT ALG W LN OF A 10" BRICK WALL
             TH S 89D 34M 02S W 221 FT ALG N LN OF WASHINGTON AVE TO POB SUBJ TO
             DECLARATION OF RESTRICTIVE COVENANT RECOR'D 3629/083 SBJT TO
             ELECTRIC LNS ESMT RECORD'D L/P 3630/666 DESC AS A 10FT WIDE STRIP &
             BEING 5 FT ON EA SIDE OF EA UNDERGROUND ELECTRIC LN AS
             CONSTRUCTED ON OWNER'S LAND A 30 FT WIDE STRIP OF LAND BEING 15 FT
             ON EA SIDE OF EA OVERHEAD ELECTRIC LN AS CONSTRUCTED ON OWNERS
             LAND




                                                                                  Page 44 of 228
                                EXHIBIT B
               GENERAL NATURE AND EXTENT OF REHABILITATION



        Shaw Walker Opportunity Zone Business 2, LLC (the “Developer”) is proposing the
redevelopment of building number 4, floor 2, units one through four, on a parcel of property located
at 920 Washington Ave, Muskegon, MI 49441 that contains a total of approximately 5.16 acres in
the City of Muskegon (the “Property”). The Property is currently improved with four buildings.
The Developer is proposing to redevelop floors two through four of building number four (4)
located on the Property, comprising approximately of 32,672 sf of existing space, into sixteen (16)
residential rental units (the “Project”).

        Rehabilitation is expected to begin in the Fall of 2024 and is expected to be completed
within approximately 36-months. The Project is part of the overall Shaw Walker redevelopment
project with an estimated total capital investment of approximately $175 million. The total capital
investment of the Project is estimated to be approximately $9,854,673.




                                                                                                Page 45 of 228
DEVELOPMENT BUDGET
         Development Name:          Shaw Walker Redevelopment - Building 4 NEZ
       City/Township/Village:       City of Muskegon
                      County:       Muskegon
           Construction Type:       Adaptive redevelopment


Hard Costs
             Public Infrastructure (roads, sidewalks, utilities, sewage, etc.)                                     $15,636
             Site Improvements (walks, drives, landscaping, fencing, lights, and drainage)                         $28,699
             Demolition (Include Lead & Asbestos Abatement)                                                       $231,639
             Other Environmental Mitigation                                                                       $105,180
             Earth Work                                                                                            $15,944
             Site Utilities                                                                                        $33,805
             Other:       Parking improvements                               New                                   $28,975
                                                                       Constructi
                                                                          on        Rehabilitation Renovation
             Structures                                                       $0                 $6,350,478      $6,350,478
              Parking Structures                                                                    $85,868         $85,868
              Building Concrete/Masonry                                                           $221,730        $221,730
              Carpentry                                                                           $615,917        $615,917
              Roofing/Metal/Siding/Insulation/Caulking                                            $320,812        $320,812
              Doors/Windows/Glass                                                                 $611,709        $611,709
              Drywall/Acoustical                                                                  $936,194        $936,194
              Flooring                                                                            $443,460        $443,460
              Cabinets/Countertops/Appliances                                                     $246,367        $246,367
              Painting/Decorating                                                                 $197,093        $197,093
              Plumbing/Electrical/Fire Protection                                                $1,554,986      $1,554,986
              HVAC                                                                                $453,010        $453,010
              Accessory Buildings/Garages                                                         $591,280        $591,280
              Elevators/Special Equipment                                                           $72,052         $72,052
              Tenant Upgrades                                                                                            $0
              Other:                                                                                                     $0
             Builder Overhead/Profit/General Requirements                     $0    $              1,133,288     $1,133,288
             Permits/Tap Fees/Bond/Cost Certification                         $0    $                344,914       $344,914
             Construction Contingency                                         $0    $                591,280       $591,280
             Other:     Personnel/weather/equipment                           $0    $                640,554       $640,554
                                     Subtotal Hard Costs                                                         $9,520,393

Other Eligible Costs
            Machinery & Equipment                                                                                   $1,207
            Furniture & Fixtures                                                                                  $147,820
            Architectural & Engineering                                                                           $172,457
            Environmental Studies/Soil Testing                                                                     $10,866
            Survey                                                                                                  $1,932
            Other:
                              Subtotal Eligible Soft Costs                                                        $334,282

                                                                                                         Total   $9,854,674




                                                                                                                         Page 46 of 228
                                                                                                                                                                                                                                                                              Page 47 of 228
                                                                   PARCEL #1
                                                              965 W WESTERN AVE
                          _ FRANKLIN ST




                                                           PIN: 61-24-205-468-0001-10
                                                                                     che
                                                                                     crete
                                                           pl                              ae            eg          ee
be:                                                                           MICHIGAN AVE
                                                                                                     F
                                                                e
                                             Hows,
                                                                                                fj
                                                                           bend                          Eva         a        geal                               ae.         _ - oa
                                                                                             mmm         |   @             ar“.                                                                                                                                           a
 LEGEND                                                                                                                                                                                                                                         WATERMARK         =    —=S
                                                                                                                                                                                                                                                DEVELOPMENT
      4 = Monitonng             (Abpormarche, 1993-85)   <=         Farmer Railroad Spur                                                                                                                                                        920 - 930 WASHINGTON
 ——        Appx. fovea
                    Parcel Boundanes                     Fe |                                                                                                                             F                                                     AVE, : MUSKEGON, Mi
                                                                    Site Burkkings                                                               cEET                                 Environmental
                                                                                                                                                                                          i      ntal           R   Resources Group             aaa              -
 Lore Perer sie raaures                                                                                      100   = «50             0             100           200   300            28003 Center Gaks Court « Suite 106 » Wixom, Ml + 48393
                                                                                                              a                          a                       ee]                  Panes ARTII-T9G*Fax 24826-3108                            =CE  NO. S67
                                                                                                                                             1 INCH = 100 FEET                                                                                  BY: TNV   DATE:   8/26/2022
NOTE: BUILDING AREAS SHOWN ARE APPROXIMATE FOOTPRINT                         AREAS AND:
                                                                                                                                                                                                                                                FIGURE   1
IDO NOT RE!   SENT TOTAL BUILDING SQUARE FOOTAGE.
                                                                                                                                                                      Reset Form
Michigan Department of Treasury
4775 (Rev. 02-23), Page 1
                                                                                                           LOCAL GOVERNMENTAL UNIT USE ONLY
                                                                                                       Application No.                          Date Received

Application for Neighborhood Enterprise
                                                                                                                               STATE USE ONLY
                                                                                                        Application No.                         Date Received
Issued under authority of Public Act 147 of 1992, as amended.


Read the instructions before completing the application.

application and required documents with the clerk of the local governmental unit. The additional documents to complete the application



 PART 1: OWNER/DEVELOPER/APPLICANT INFORMATION
 Owner/Developer/Applicant Name
 Shaw Walker Opportunity Zone Business 1 & 2, LLC
 Facility’s Street Address
                                                                                                Type of Approval Requested
 965 W Western Ave & 920 Washington Ave, Bldg 5, Unit 89
 City                                                State                                                                         Rehabilitated                 Transfer
                                                                                                         New Facility
                                                                                                                                   Facility                      (1 copy only)
 Muskegon                                               MI            49441
 Name of City, Township or Village (taxing authority)
                                                                                                 15
 Muskegon                                                                                       Is the facility owned or rented by occupants?
              City                       Township                         Village                        Owned                                   Rented

 County                                                                                         Type of Property (check one)
 Muskegon                                                                                                House                     Duplex                        Condo
 School District
                                                                                                         Loft                                                89
                                                                                                                                   Apartment - No. of Units _________
 Muskegon City School District
 Name of LGU that established district                                                                                                           Date district was established
 City of Muskegon                                                     The Watermark                                                                           09/13/2016
 Identify who will complete the work
          Licensed Contractor                Other _________________________                    $243,289.00
 Describe the general nature and extent of the new construction or rehabilitation to be undertaken. For rehabilitation only, include Breakdown of Investment Costs.
 Use attachments if necessary.
 See attached Exhibit A-1, A-2, and B.




 Timetable for undertaking and completing the rehabilitation or construction of the facility.      Additional Timetable Information (if applicable)
 Begin Date
 8/30/2024             8/30/2027
 PART 2: OWNER/DEVELOPER/APPLICANT CERTIFICATION
 Contact Name

  Jon Rooks
 Contact Telephone Number
  (231) 722-7001                                                                                jon@parklandgr.com; jbelka@wnj.com
 Owner/Developer/Applicant Name

  Shaw Walker Opportunity Zone Business 2, LLC
 Owner/Developer/Applicant Telephone Number

  (231) 722-7001                                                                                jon@parklandgr.com; jbelka@wnj.com
 Owner/Developer/Applicant Mailing Address                                                      City                                                  State

  75 W. Walton, Suite A                                                                          Muskegon                                           MI              49440
 I certify the information contained herein and in the attachments are true and that all are truly descriptive of the residential real property for which this
 application is being submitted.
 I certify I am familiar with the provisions of Public Act 147 of 1992, as amended, (MCL 207.771 to 207.787) and to the best of my knowledge, I have
 complied or will be able to comply with all of the requirements thereof which are prerequisite to the approval of the application by the LGU and the

 Owner/Developer/Applicant Signature                                                            Date

                                                                                                 11/12/2024

                                                                                                                                                                Continue on Page 2

                                                                                                                                                                     Page 48 of 228
4775, Page 2



 PART 3: LGU ASSESSOR CERTIFICATION                             (Assessor of LGU must complete Part 3




 Name of LGU


 Name of Assessor (First and last name)


 Telephone Number



 I certify that, to the best of my knowledge, the information contained in Part 3 of this application is complete and accurate.
 Assessor’s Signature                                                                                                             Date



 PART 4: LGU ACTION/CERTIFICATION
 Action taken by LGU:
                                                                                  an administratively complete application:


                                                                                         1. Original Application


                                                                                         2. Legal description of the real property with parcel



                                                                                         3. Resolution approving the zone.
 Date of resolution approving/denying this application
                                                                                         4. Resolution approving the application.
 Clerk’s Name (First and Last)
                                                                                         5. REHABILITATION APPLICATIONS ONLY.
 Telephone Number                                                                           Statement by the assessor showing the taxable value of the
                                                                                            rehabilitated facility not including the land, for the tax year



 Mailing Address                                                                  City                                            State


 I certify that I have reviewed this application for complete and accurate information and determined that the subject property is located within a




 Clerk Signature                                                                                                                  Date




For faster service, the LGU should email the completed application and required documents to PTE@michigan.gov.

An additional submission option is to mail the completed application and required documents to:

Michigan Department of Treasury, State Tax Commission
P.O. Box 30471
Lansing, MI 48909

Note:
documents should be sent by email or mail directly to the State of Michigan only
the LGU. See the instruction sheet attached.

Any questions concerning the completion of this application should be directed to the LGU clerk.




                                                                                                                                                 Page 49 of 228
                                    EXHIBIT A-1
                            PROPERTY LEGAL DESCRIPTION


Address:       965 W Western Ave (Building No. 5, Unit 89)

PIN#:          61-24-205-468-0001-10

Parcel Size:   4.95 Acres

Legal:         CITY OF MUSKEGON REVISED PLAT 1903 BLK 468 AND PT OF BLK 467
               VAC ALLEY IN BLK 468 PART OF FORMER C & O RAILROAD R/W IN BLK
               467 & 468 AND VAC HUDSON ST BET BLK 467 AND 468 AND ALL BEING
               DESC AS BEG AT THE SW COR OF SAID BLK 468 TH N 00D 19M 25S W
               351.64 FT ALG E R/W LN OF FRANKLIN ST TH N 89D 58M 00S E 278.5 FT
               ALG THE S R/W LN OF WESTERN AVE TH S 82D 42M 42S E 284.66 FT ALG
               SD R/W LN TH S 07D 28M 33S W 75.55 FT ALG THE WLY LN & EXTENSION
               TH'OF OF A 5 STORY BRICK BLDG TH S 82D 30M 04S E 112.12 FT ALG SD
               BLDG LN & THE EXTENSION TH'OF TH S 09D 23M 07S W 9.68 FT ALG SD
               BLDG LN TH S 83D 24M 04S E 13.72 FT ALG SD BLDG LN TH N 00D 30M
               20S E 9.53 FT TH S 82D 30M 04S E 8.71 FT TH S 00D 30M 20S W 24.63 FT TH
               S 88D 25M 41S E 8.72 FTALG SD BLDG LN TH S 01D 34M 19S W 0.30 FT
               ALG SD BLDG LN TH S 88D 25M 41S E 0.40 FT ALG SD BLDG LN TH S 00D
               42M 58S W 29.45 FT ALG SD BLDG LN TH N 88D 25M 41S W 8.43 FT ALG
               SD BLDG LN TH S 00D 42M 58S W 57.92 FT ALG SD BLDG LN TH S 88D
               38M 32S E 12.93 FT ALG SD BLDG LN TH S 02D 11M 01S W 21.28 FT ALG
               SD BLDG LN TH N 87D 48M 59S W 28.01 FT ALG SD BLDG LN TH S 02D
               23M 08S W 85.09 FT ALG E SIDE OF A 4 IN WALL TH N 87D 51M 37S W
               111.67 FT ALG SLY SIDE OF SD 5 STY BLDG LN TH S 02D 11M 01S W 7.87
               FT TH S 89D 48M 11S W 549.04 FT ALG N LN OF MICHIGAN AVE TO POB
               CONTAINING 217056 SF (4.983 AC) SUBJ TO DECLARATION OF
               RESTRICTIVE COVENANT RECOR'D 3629/083




                                                                                   Page 50 of 228
                                  EXHIBIT A-2
                          PROPERTY LEGAL DESCRIPTION


Address:     920 Washington Ave (Building No. 5, Unit 89)

PIN#:        61-24-205-467-0001-00

Parcel Size: 5.16 Acres

Legal:       CITY OF MUSKEGON REVISED PLAT 1903 PT OF BLKS 467 AND 468 AND
             ENTIRE BLK 474 TOGETHER WITH PT OF THE C & O RR R/W IN SD BLK 467 VAC
             MICHIGAN AVE BET SD BLKS 467 & 474 THE 2 VAC ALLEYS IN SD BLK 474
             DESC AS BEG ON THE N R/W LN OF MICHIGAN AVE AT A POINT BEING N 89D
             48M 11S E 549.04 FT FROM THE SW COR OF SD BLK 468 TH N 02D 11M 01S E 7.87
             FT TH S 87D 51M 37S E 111.67 FT ALG SLY LN OF A 5 STY BLDG TH N 02D 23M
             08S E 85.09 FT ALG E SIDE OF A 4 IN WALL TH S 87D 48M 59S E 28.01 FT ALG
             NLY LN OF SD 5 STY BLDG TH N 02D 11M 01S E 21.28 FT ALG SD BLDG TH N
             88D 38M 32S W 12.93 FT ALG SD BLDG LN TH N 00D 42M 58S E 57.92 FT ALG SD
             BLDG LN TH S 88D 25M 41S E 8.43 FT ALG SD BLDG LN TH N 00D 42M 58S E
             29.45 FT ALG SD BLDG LN TH N 88D 25M 41S W 0.40 FT ALG SD BLDG LN TH N
             01D 34M 19S E 0.30 FT ALG SD BLDG LN TH N 88D 25M 41S W 8.72 FT ALG SD
             BLDG LN TH N 00D 30M 20S E 24.63 FT TH N 82D 30M 04S W 8.71 FT TH S 00D
             30M 20S W 9.53 FT TH N 83D 24M 04S W 13.72 FT ALG SD 5 STY BLDG LN TH N
             09D 23M 07S E 9.68 FT ALG SD 5 STY BLDG LN TH N 82D 30M 04S W 112.12 FT
             ALG SD BLDG LN & THE EXTENSION TH'OF TH N 07D 28M 33S E 75.55 FT ALG
             SD BLDG LN & THE EXTENSION TH'OF TH S 82D 42M 42S E 474.11 FT ALG THE
             SLY R/W LN OF WESTERN AVE TH S 00D 01M 06S E 664.21 FT ALG THE W R/W
             LN 0F DIVISION ST TH S 89D 34M 02S W 476.58 FT ALG THE N R/W LN OF
             WASHINGTON AVE TH N 00D 20M 35S W 414.17 FT ALG THE E R/W LN OF
             HUDSON ST TH S89D 48M 11S W 1.29 FT ALG THE N R/W LN OF MICHIGAN AVE
             TO POB CONTAINING 304,686 SF (6.995 AC) EXCEPT CITY OF MUSKEGON
             REVISED PLAT OF 1903 PART OF BLKS 467 & 474 TOGETHER WITH PART OF
             VAC HUDSON PART OF MI AVE BOTH OF WHICH ARE BET SD BLKS & PART OF
             VAC ALLEY IN SD BLK 474 ALL OF A SECOND VAC ALLEY IN SD BLK 474 MORE
             PARTICULARLY DESC AS COM @ SW COR SD BLK 474 FOR POB TH N 00D 20M
             35S W 414.17 FT ALG E LN OF HUDSON ST TH S 89D 48M 11S W 1.29 FT ALG N
             LN OF MICHIGAN AVE TH N 02D 11M 01S E 7.87 FT TH S 87D 51M 37S E 185.29
             FT ALG SLY LN OF A 5 STORY BLDG TH S 00D 06M 34S W 231.27 FT ALG W LN
             OF A 5 STORY BLDG THN 89D 57M 03S E 39.77 FT ALG EXPANSION JOINT BET 5
             STORY BLDGS TH S 00D 00M 25S W 182.21 FT ALG W LN OF A 10" BRICK WALL
             TH S 89D 34M 02S W 221 FT ALG N LN OF WASHINGTON AVE TO POB SUBJ TO
             DECLARATION OF RESTRICTIVE COVENANT RECOR'D 3629/083 SBJT TO
             ELECTRIC LNS ESMT RECORD'D L/P 3630/666 DESC AS A 10FT WIDE STRIP &
             BEING 5 FT ON EA SIDE OF EA UNDERGROUND ELECTRIC LN AS
             CONSTRUCTED ON OWNER'S LAND A 30 FT WIDE STRIP OF LAND BEING 15 FT
             ON EA SIDE OF EA OVERHEAD ELECTRIC LN AS CONSTRUCTED ON OWNERS
             LAND




                                                                                  Page 51 of 228
                                EXHIBIT B
               GENERAL NATURE AND EXTENT OF REHABILITATION



        Shaw Walker Opportunity Zone Business 1, LLC and Shaw Walker Opportunity Zone
Business 2, LLC (the “Developers”) are proposing the redevelopment of a building identified as
building number five (5), unit eighty-nine (89), located on two parcels of property located at 965
W Western Ave, Muskegon, MI 49441 and 920 Washington Ave, Muskegon, MI 49441 (the
“Properties). The Properties are currently improved with six existing buildings. The Developers
are proposing to redevelop all five (5) floors of building number five (5) located on the Properties,
comprising approximately of 71,787 sf of existing space, into eighty-nine (89) residential rental
units (the “Project”).

        Rehabilitation is expected to begin in the Fall of 2024 and is expected to be completed
within approximately 36-months. The Project is part of the overall Shaw Walker redevelopment
project with an estimated total capital investment of approximately $175 million. The total capital
investment of the Project is estimated to be approximately $21,652,714.




                                                                                                 Page 52 of 228
DEVELOPMENT BUDGET
         Development Name:          Shaw Walker Redevelopment - Building 5 NEZ
       City/Township/Village:       City of Muskegon
                      County:       Muskegon
           Construction Type:       Adaptive redevelopment


Hard Costs
             Public Infrastructure (roads, sidewalks, utilities, sewage, etc.)                                      $34,357
             Site Improvements (walks, drives, landscaping, fencing, lights, and drainage)                          $63,057
             Demolition (Include Lead & Asbestos Abatement)                                                        $508,957
             Other Environmental Mitigation                                                                        $231,103
             Earth Work                                                                                             $35,033
             Site Utilities                                                                                         $74,275
             Other:       Parking improvements                               New                                    $63,665
                                                                       Constructi
                                                                          on        Rehabilitation Renovation
             Structures                                                       $0                $13,953,286      $13,953,286
              Parking Structures                                                                  $188,668         $188,668
              Building Concrete/Masonry                                                           $487,186         $487,186
              Carpentry                                                                          $1,353,295       $1,353,295
              Roofing/Metal/Siding/Insulation/Caulking                                            $704,889         $704,889
              Doors/Windows/Glass                                                                $1,344,048       $1,344,048
              Drywall/Acoustical                                                                 $2,057,008       $2,057,008
              Flooring                                                                            $974,372         $974,372
              Cabinets/Countertops/Appliances                                                     $541,318         $541,318
              Painting/Decorating                                                                 $433,054         $433,054
              Plumbing/Electrical/Fire Protection                                                $3,416,617       $3,416,617
              HVAC                                                                                $995,355         $995,355
              Accessory Buildings/Garages                                                        $1,299,163       $1,299,163
              Elevators/Special Equipment                                                         $158,313         $158,313
              Tenant Upgrades                                                                                             $0
              Other:                                                                                                      $0
             Builder Overhead/Profit/General Requirements                     $0    $              2,490,062      $2,490,062
             Permits/Tap Fees/Bond/Cost Certification                         $0    $                757,845        $757,845
             Construction Contingency                                         $0    $              1,299,163      $1,299,163
             Other:     Personnel/weather/equipment                           $0    $              1,407,426      $1,407,426
                                     Subtotal Hard Costs                                                         $20,918,229

Other Eligible Costs
            Machinery & Equipment                                                                                    $2,653
            Furniture & Fixtures                                                                                   $324,791
            Architectural & Engineering                                                                            $378,922
            Environmental Studies/Soil Testing                                                                      $23,874
            Survey                                                                                                   $4,244
            Other:
                              Subtotal Eligible Soft Costs                                                         $734,484

                                                                                                         Total   $21,652,714




                                                                                                                          Page 53 of 228
                                                                                                                                                                                                                                                                              Page 54 of 228
                                                                   PARCEL #1
                                                              965 W WESTERN AVE
                          _ FRANKLIN ST




                                                           PIN: 61-24-205-468-0001-10
                                                                                     che
                                                                                     crete
                                                           pl                              ae            eg          ee
be:                                                                           MICHIGAN AVE
                                                                                                     F
                                                                e
                                             Hows,
                                                                                                fj
                                                                           bend                          Eva         a        geal                               ae.         _ - oa
                                                                                             mmm         |   @             ar“.                                                                                                                                           a
 LEGEND                                                                                                                                                                                                                                         WATERMARK         =    —=S
                                                                                                                                                                                                                                                DEVELOPMENT
      4 = Monitonng             (Abpormarche, 1993-85)   <=         Farmer Railroad Spur                                                                                                                                                        920 - 930 WASHINGTON
 ——        Appx. fovea
                    Parcel Boundanes                     Fe |                                                                                                                             F                                                     AVE, : MUSKEGON, Mi
                                                                    Site Burkkings                                                               cEET                                 Environmental
                                                                                                                                                                                          i      ntal           R   Resources Group             aaa              -
 Lore Perer sie raaures                                                                                      100   = «50             0             100           200   300            28003 Center Gaks Court « Suite 106 » Wixom, Ml + 48393
                                                                                                              a                          a                       ee]                  Panes ARTII-T9G*Fax 24826-3108                            =CE  NO. S67
                                                                                                                                             1 INCH = 100 FEET                                                                                  BY: TNV   DATE:   8/26/2022
NOTE: BUILDING AREAS SHOWN ARE APPROXIMATE FOOTPRINT                         AREAS AND:
                                                                                                                                                                                                                                                FIGURE   1
IDO NOT RE!   SENT TOTAL BUILDING SQUARE FOOTAGE.
Michigan Department of Treasury
4775 (Rev. 02-23), Page 1
                                                                                                           LOCAL GOVERNMENTAL UNIT USE ONLY
                                                                                                  4Application No.                         4Date Received

Application for Neighborhood Enterprise
                                                                                                                               STATE USE ONLY
                                                                                                       4Application No.                      4Date Received
Issued under authority of Public Act 147 of 1992, as amended.


Read the instructions before completing the application.

application and required documents with the clerk of the local governmental unit. The additional documents to complete the application



 PART 1: OWNER/DEVELOPER/APPLICANT INFORMATION
 Owner/Developer/Applicant Name                                                                 Type of NEZ
 Shaw Walker Opportunity Zone Business 2, LLC                                                             OPRA eligible community NEZ                    Workforce Housing NEZ
 Facility’s Street Address
                                                                                                Type of Approval Requested
 920 Washington Ave (Bldg No 6, Unit 104)
 City                                                State           ZIP Code                                                       Rehabilitated                Transfer
                                                                                                          New Facility
                                                                                                                                    Facility                     (1 copy only)
 Muskegon                                               MI            49441
 Name of City, Township or Village (taxing authority)
                                                                                                 15
 Muskegon                                                                                       Is the facility owned or rented by occupants?
              City                       Township                         Village                         Owned                                 Rented

 County                                                                                         Type of Property (check one)
 Muskegon                                                                                                 House                     Duplex                       Condo
 School District
                                                                                                          Loft                      Apartment - No. of Units _________
 Muskegon City School District
 Name of LGU that established district                               Name or Number of Neighborhood Enterprise Zone                             Date district was established
 City of Muskegon                                                     The Watermark                                                                           09/13/2016
 Identify who will complete the work                                                            Estimated Project Cost (per unit)
          Licensed Contractor                Other _________________________                    $520,546.00
 Describe the general nature and extent of the new construction or rehabilitation to be undertaken. For rehabilitation only, include Breakdown of Investment Costs.
 Use attachments if necessary.
 See attached Exhibit A and B.




 Timetable for undertaking and completing the rehabilitation or construction of the facility.      Additional Timetable Information (if applicable)
 Begin Date                                      End Date
 8/30/2024             8/30/2027
 PART 2: OWNER/DEVELOPER/APPLICANT CERTIFICATION
 Contact Name

  Jon Rooks
 Contact Telephone Number                                                                       Contact Email Address
  (231) 722-7001                                                                                jon@parklandgr.com; jbelka@wnj.com
 Owner/Developer/Applicant Name

  Shaw Walker Opportunity Zone Business 2, LLC
 Owner/Developer/Applicant Telephone Number                                                     Owner/Developer/Applicant Email Address

  (231) 722-7001                                                                                jon@parklandgr.com; jbelka@wnj.com
 Owner/Developer/Applicant Mailing Address                                                      City                                                  State         ZIP Code

  75 W. Walton, Suite A                                                                          Muskegon                                          MI              49440
 I certify the information contained herein and in the attachments are true and that all are truly descriptive of the residential real property for which this
 application is being submitted.
 I certify I am familiar with the provisions of Public Act 147 of 1992, as amended, (MCL 207.771 to 207.787) and to the best of my knowledge, I have
 complied or will be able to comply with all of the requirements thereof which are prerequisite to the approval of the application by the LGU and the

 Owner/Developer/Applicant Signature                                                            Date
                                                                                                  11/12/2024
                                                                                                                                                                Continue on Page 2

                                                                                                                                                                     Page 55 of 228
4775, Page 2



 PART 3: LGU ASSESSOR CERTIFICATION (Assessor of LGU must complete Part 3)




 Name of LGU


 Name of Assessor (First and last name)


 Telephone Number                                                                 Email Address



 I certify that, to the best of my knowledge, the information contained in Part 3 of this application is complete and accurate.
 Assessor’s Signature                                                                                                             Date



 PART 4: LGU ACTION/CERTIFICATION (LGU clerk must complete this section before submitting to the State Tax Commission)
 Action taken by LGU:
                                                                                  an administratively complete application:
        Exemption Approved for ________ Years (6-15)
                                                                                         1. Original Application
        Exemption Approved for ________ Years
                                                                                         2. Legal description of the real property with parcel

        Exemption Denied (include Resolution Denying)
                                                                                         3. Resolution approving the zone.
 Date of resolution approving/denying this application
                                                                                         4. Resolution approving the application.
 Clerk’s Name (First and Last)
                                                                                         5. REHABILITATION APPLICATIONS ONLY.
 Telephone Number                                                                           Statement by the assessor showing the taxable value of the
                                                                                            rehabilitated facility not including the land, for the tax year
 Email Address


 Mailing Address                                                                  City                                            State          ZIP Code


 I certify that I have reviewed this application for complete and accurate information and determined that the subject property is located within a


 I certify this application meets the requirements as outlined by Public Act 147 of 1992 and hereby request the State Tax Commission issue a

 Clerk Signature                                                                                                                  Date




For faster service, the LGU should email the completed application and required documents to PTE@michigan.gov.

An additional submission option is to mail the completed application and required documents to:

Michigan Department of Treasury, State Tax Commission
P.O. Box 30471
Lansing, MI 48909

Note:
documents should be sent by email or mail directly to the State of Michigan only
the LGU. See the instruction sheet attached.

Any questions concerning the completion of this application should be directed to the LGU clerk.




                                                                                                                                                  Page 56 of 228
                                  EXHIBIT A
                          PROPERTY LEGAL DESCRIPTION

Address:     920 Washington Ave (Building No. 6, Unit 104)

PIN#:        61-24-205-467-0001-00

Parcel Size: 5.16 Acres

Legal:       CITY OF MUSKEGON REVISED PLAT 1903 PT OF BLKS 467 AND 468 AND
             ENTIRE BLK 474 TOGETHER WITH PT OF THE C & O RR R/W IN SD BLK 467 VAC
             MICHIGAN AVE BET SD BLKS 467 & 474 THE 2 VAC ALLEYS IN SD BLK 474
             DESC AS BEG ON THE N R/W LN OF MICHIGAN AVE AT A POINT BEING N 89D
             48M 11S E 549.04 FT FROM THE SW COR OF SD BLK 468 TH N 02D 11M 01S E 7.87
             FT TH S 87D 51M 37S E 111.67 FT ALG SLY LN OF A 5 STY BLDG TH N 02D 23M
             08S E 85.09 FT ALG E SIDE OF A 4 IN WALL TH S 87D 48M 59S E 28.01 FT ALG
             NLY LN OF SD 5 STY BLDG TH N 02D 11M 01S E 21.28 FT ALG SD BLDG TH N
             88D 38M 32S W 12.93 FT ALG SD BLDG LN TH N 00D 42M 58S E 57.92 FT ALG SD
             BLDG LN TH S 88D 25M 41S E 8.43 FT ALG SD BLDG LN TH N 00D 42M 58S E
             29.45 FT ALG SD BLDG LN TH N 88D 25M 41S W 0.40 FT ALG SD BLDG LN TH N
             01D 34M 19S E 0.30 FT ALG SD BLDG LN TH N 88D 25M 41S W 8.72 FT ALG SD
             BLDG LN TH N 00D 30M 20S E 24.63 FT TH N 82D 30M 04S W 8.71 FT TH S 00D
             30M 20S W 9.53 FT TH N 83D 24M 04S W 13.72 FT ALG SD 5 STY BLDG LN TH N
             09D 23M 07S E 9.68 FT ALG SD 5 STY BLDG LN TH N 82D 30M 04S W 112.12 FT
             ALG SD BLDG LN & THE EXTENSION TH'OF TH N 07D 28M 33S E 75.55 FT ALG
             SD BLDG LN & THE EXTENSION TH'OF TH S 82D 42M 42S E 474.11 FT ALG THE
             SLY R/W LN OF WESTERN AVE TH S 00D 01M 06S E 664.21 FT ALG THE W R/W
             LN 0F DIVISION ST TH S 89D 34M 02S W 476.58 FT ALG THE N R/W LN OF
             WASHINGTON AVE TH N 00D 20M 35S W 414.17 FT ALG THE E R/W LN OF
             HUDSON ST TH S89D 48M 11S W 1.29 FT ALG THE N R/W LN OF MICHIGAN AVE
             TO POB CONTAINING 304,686 SF (6.995 AC) EXCEPT CITY OF MUSKEGON
             REVISED PLAT OF 1903 PART OF BLKS 467 & 474 TOGETHER WITH PART OF
             VAC HUDSON PART OF MI AVE BOTH OF WHICH ARE BET SD BLKS & PART OF
             VAC ALLEY IN SD BLK 474 ALL OF A SECOND VAC ALLEY IN SD BLK 474 MORE
             PARTICULARLY DESC AS COM @ SW COR SD BLK 474 FOR POB TH N 00D 20M
             35S W 414.17 FT ALG E LN OF HUDSON ST TH S 89D 48M 11S W 1.29 FT ALG N
             LN OF MICHIGAN AVE TH N 02D 11M 01S E 7.87 FT TH S 87D 51M 37S E 185.29
             FT ALG SLY LN OF A 5 STORY BLDG TH S 00D 06M 34S W 231.27 FT ALG W LN
             OF A 5 STORY BLDG THN 89D 57M 03S E 39.77 FT ALG EXPANSION JOINT BET 5
             STORY BLDGS TH S 00D 00M 25S W 182.21 FT ALG W LN OF A 10" BRICK WALL
             TH S 89D 34M 02S W 221 FT ALG N LN OF WASHINGTON AVE TO POB SUBJ TO
             DECLARATION OF RESTRICTIVE COVENANT RECOR'D 3629/083 SBJT TO
             ELECTRIC LNS ESMT RECORD'D L/P 3630/666 DESC AS A 10FT WIDE STRIP &
             BEING 5 FT ON EA SIDE OF EA UNDERGROUND ELECTRIC LN AS
             CONSTRUCTED ON OWNER'S LAND A 30 FT WIDE STRIP OF LAND BEING 15 FT
             ON EA SIDE OF EA OVERHEAD ELECTRIC LN AS CONSTRUCTED ON OWNERS
             LAND




                                                                                  Page 57 of 228
                                EXHIBIT B
               GENERAL NATURE AND EXTENT OF REHABILITATION



        Shaw Walker Opportunity Zone Business 2, LLC (the “Developer”) is proposing the
redevelopment of Building #6, Unit 104, on a parcel of property located at 920 Washington Ave,
Muskegon, MI 49441 that contains a total of approximately 5.16 acres in the City of Muskegon
(the “Property”). The Property is currently improved with four buildings. Redevelopment of
Building #6 includes a complete renovation of the existing approximately 119,081 sf of existing
space, into sixty-nine (69) residential rental units (the “Project”).

        Rehabilitation is expected to begin in the Fall of 2024 and is expected to be completed
within approximately 36-months. The Project is part of the overall Shaw Walker redevelopment
project with an estimated total capital investment of approximately $175 million. The total capital
investment of the Project is estimated to be approximately $35,917,740.




                                                                                               Page 58 of 228
 DEVELOPMENT BUDGET
           Development Name:            Shaw Walker Redevelopment - Building 6 NEZ
         City/Township/Village:         City of Muskegon
                         County:        Muskegon
             Construction Type:         Adaptive redevelopment


Hard Costs
             Public Infrastructure (roads, sidewalks, utilities, sewage, etc.)                                               $56,991
             Site Improvements (walks, drives, landscaping, fencing, lights, and drainage)                                  $104,600
             Demolition (Include Lead & Asbestos Abatement)                                                                 $844,263
             Other Environmental Mitigation                                                                                 $383,355
             Earth Work                                                                                                      558,113
             Site Utilities                                                                                                 $123,209
             Other:           Parking improvements                                                                          $105,608
                                                                        Constructio
                                                                             n              Rehabilitation Renovation
             Structures                                           +              50                      $23,145,852     $23,145,852
              Parking Structures                                                                            $312,965         $312,965
              Building Concrete/Masonry                                                                     $808,149         $808,149
              Carpentry                                                                                   $2,244,859       $2,244,859
              Roofing/Metal/Siding/Insulation/Caulking                                                    $1,169,277       $1,169,277
              Doors/Windows/Glass                                                                         $2,229,520       $2,229,520
              Drywall/Acoustical                                                                          $3,412,185       $3,412,185
              Flooring                                                                                    $1,616,298       $1,616,298
              Cabinets/Countertops/Appliances                                                               $897,944        $897,944
              Painting/Decorating                                                                           $718,355        $718,355
              Plumbing/Electrical/Fire Protection                                                         $5,667,520       $5,667,520
              HVAC                                                                                        $1,651,104       $1,651,104
              Accessory Buildings/Garages                                                                 $2,155,064       $2,155,064
              Elevators/Special Equipment                                                                   $262,611        $262,611
              Tenant Upgrades                                                                                                      SO
               Other:                                             —                                                                50
             Builder Overhead/Profit/General Requirements                        SO|   S$                   4,130,540     $4,130,540
             Permits/Tap Fees/Bond/Cost Certification                            SO)   S                    1,257,121     $1,257,121
             Construction Contingency                                            S0|   $s                   2,155,064     $2,155,064
             Other:           Personnel/weather/equipment                        $0|   S$                  2,334,653      $2,334,653
                                          Subtotal Hard Costs                                                            $34,699,371

Other Eligible Costs
             Machinery & Equipment                                                                                            $4,400
             Furniture & Fixtures                                                                                           $538,766
             Architectural & Engineering                                                                                    $628,560
             Environmental Studies/Soil Testing                                                                              $39,603
             Survey                                                                                                           $7,041
             Other:
                                   Subtotal Eligible Soft Costs                                                           $1,218,370

                                                                                                                 Total   $35,917,741




                                                                                                                              Page 59 of 228
                                                                                                                                                                                                                                                                              Page 60 of 228
                                                                   PARCEL #1
                                                              965 W WESTERN AVE
                          _ FRANKLIN ST




                                                           PIN: 61-24-205-468-0001-10
                                                                                     che
                                                                                     crete
                                                           pl                              ae            eg          ee
be:                                                                           MICHIGAN AVE
                                                                                                     F
                                                                e
                                             Hows,
                                                                                                fj
                                                                           bend                          Eva         a        geal                               ae.         _ - oa
                                                                                             mmm         |   @             ar“.                                                                                                                                           a
 LEGEND                                                                                                                                                                                                                                         WATERMARK         =    —=S
                                                                                                                                                                                                                                                DEVELOPMENT
      4 = Monitonng             (Abpormarche, 1993-85)   <=         Farmer Railroad Spur                                                                                                                                                        920 - 930 WASHINGTON
 ——        Appx. fovea
                    Parcel Boundanes                     Fe |                                                                                                                             F                                                     AVE, : MUSKEGON, Mi
                                                                    Site Burkkings                                                               cEET                                 Environmental
                                                                                                                                                                                          i      ntal           R   Resources Group             aaa              -
 Lore Perer sie raaures                                                                                      100   = «50             0             100           200   300            28003 Center Gaks Court « Suite 106 » Wixom, Ml + 48393
                                                                                                              a                          a                       ee]                  Panes ARTII-T9G*Fax 24826-3108                            =CE  NO. S67
                                                                                                                                             1 INCH = 100 FEET                                                                                  BY: TNV   DATE:   8/26/2022
NOTE: BUILDING AREAS SHOWN ARE APPROXIMATE FOOTPRINT                         AREAS AND:
                                                                                                                                                                                                                                                FIGURE   1
IDO NOT RE!   SENT TOTAL BUILDING SQUARE FOOTAGE.
                           Agenda Item Review Form
                           Muskegon City Commission
Commission Meeting Date: November 26, 2024                Title: Revocation of NEZ Certificate at 307 Terrace
                                                          Point Circle

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

Brief Summary:
The City of Muskegon is requesting the revocation of the NEZ certificate at 307 Terrace Point Circle as
the property owner no longer resides at the address.

Detailed Summary & Background:
The City of Muskegon is initiating the revocation of the NEZ certificate for 307 Terrace Point Circle in
accordance with state law, as the property owner no longer resides at the address for which the
certificate was issued. City staff have collaborated with the City Assessor's Office regarding the
revocation. A letter was sent by the Assessor's Office, and the owner subsequently called to confirm
that this is no longer their primary residence. The statutory requirement mandates automatic
revocation if the facility is no longer a homestead, as defined by section 7a of the General Property
Tax Act (1893 PA 206, MCL 211.7a).

“(3) The certificate for a homestead facility or new facility is automatically revoked if the homestead facility or
new facility is no longer a homestead as that term is defined in section 7a of the general property tax act, 1893
PA 206, MCL 211.7a."


Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Diverse housing types



Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Diverse housing types

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




                                                                                                       Page 61 of 228
Recommended Motion:
I move to revoke the Neighborhood Enterprise Zone certificate for 307 Terrace Point Circle as the property no
longer qualifies as a homestead under state law, and authorize the Mayor and City Clerk to sign the resolution.

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

Information
Technology
Other Division Heads
Communication
Legal Review




                                                                                                   Page 62 of 228
Page 63 of 228
                                   Resolution No. ________

                            MUSKEGON CITY COMMISSION

        RESOLUTION TO REVOKE THE NEIGHBORHOOD ENTERPISE ZONE
                        CERTIFICATE # N2018-007




WHEREAS, the City of Muskegon has established Neighborhood Enterprise Zone (NEZ)
districts within the City; and

WHEREAS, the NEZ certificate for 307 Terrace Point Circle was issued for a homestead facility
for the parcel # 24-793-000-0021/ 24-946-218-0007-00; and

WHEREAS, the property owner no longer resides at 307 Terrace Point Circle, making it ineligible
as a homestead under section 7a of the general property tax act, 1893 PA 206, MCL 211.7a; and

WHEREAS, a letter was sent to the property owner and confirmed the owner’s absence from
the property;

NOW, THEREFORE, BE IT RESOLVED that the City of Muskegon hereby revokes the
Neighborhood Enterprise Zone certificate for 307 Terrace Point Circle.

Adopted this, 26th day of November 2024.



Ayes:

Nays:

Absent:


                                                   By: __________________________
                                                       Ken Johnson, Mayor


                                                   Attest: _________________________
                                                           Ann Meisch
                                                           City Clerk




                                                                                            Page 64 of 228
                                       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 November 26, 2024.

                                                                By: ________________________
                                                                        Ann Meisch
                                                                        City Clerk




                                                                                               Page 65 of 228
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: November 26, 2024            Title: Revocation of NEZ Certificate at 308 Terrace
                                                      Point Circle

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

Brief Summary:

The City of Muskegon is requesting the revocation of the NEZ certificate at 308 Terrace Point Circle as
the property owner no longer resides at the address.


Detailed Summary & Background:

The City of Muskegon is initiating the revocation of the NEZ certificate for 308 Terrace Point Circle in
accordance with state law, as the property owner no longer resides at the address for which the
certificate was issued. City staff sent a letter to the owner and later spoke with the owner's wife, who
confirmed that the owner is deceased, and she does not reside at 308 Terrace. The statutory
requirement mandates automatic revocation if the facility is no longer a homestead, as defined by
section 7a of the General Property Tax Act (1893 PA 206, MCL 211.7a).

 “(3) The certificate for a homestead facility or new facility is automatically revoked if the homestead
facility or new facility is no longer a homestead as that term is defined in section 7a of the general
property tax act, 1893 PA 206, MCL 211.7a."
206, MCL ."

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



                                                                                               Page 66 of 228
Recommended Motion:

I move to revoke the Neighborhood Enterprise Zone certificate for 308 Terrace Point Circle as the
property no longer qualifies as a homestead under state law, and authorize the Mayor and City Clerk
to sign the resolution.


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

Information
Technology
Other Division Heads
Communication
Legal Review




                                                                                        Page 67 of 228
                    September 19, 2024

                    John Mahone
                    48 Oakdale Rd Nw
                    Fort Walton Beach, Fl 32547

                    Dear Mr. Mahone,

                    This letter is to inform you that your Neighborhood Enterprise Zone (NEZ) Certificate (#2019-039) is at
                    risk. The NEZ certificate, which freezes your property assessment for a specified period based on
                    improvements made to the property, has a key requirement: the property must be the owner's primary
                    residence to qualify for the exemption.

                    City records indicate that your primary residence is listed in Fort Walton Beach, FL.

                    As outlined in the State law governing NEZ certificates (P.A. 147 of 1992, Sec. 11(3)):

                    "The certificate for a homestead facility or new facility is automatically revoked if the homestead
                    facility or new facility is no longer a homestead as that term is defined in section 7a of the General
                    Property Tax Act, 1893 PA 206, MCL 211.7a."

                    Additionally, the State defines "homestead" in P.A. 147 of 1992, Sec. 2(i) as follows:

                    "An existing structure, purchased by or transferred to an owner after December 31, 1996, that has as
                    its primary purpose residential housing consisting of 1 or 2 units, one of which is occupied by an
                    owner as his or her principal residence and that is located within a subdivision platted pursuant to
                    state law before January 1, 1968."

                    Next Steps:
                    To retain your NEZ certificate, you must provide evidence that 308 Terrace Point is your primary
                    residence. Please submit the following documents to the City Treasurer’s Office by October 15, 2024:

                    A copy of your Michigan driver’s license or state ID showing your primary residence address as 308
                    Terrace Point.
                    A recent utility bill for 308 Terrace Point in your name.
                    Proof of your Primary Residence Exemption (PRE) status for the property.
                    If we do not receive the requested documentation by the specified date, your NEZ certificate may be
                    automatically revoked.

                    Please contact us at (231) 724-4141 if you have any questions or require further clarification.

                    Sincerely,

                    Contessa Alexander
                    Development Analyst

                    cc: City Treasurer’s Office




23 1 .7 24 .6 705   |   933 Terrace St, Muskegon, MI 49440-1397   |   www.shorelinecity.com
                                                                                                                           Page 68 of 228
                                   Resolution No. ________

                            MUSKEGON CITY COMMISSION

        RESOLUTION TO REVOKE THE NEIGHBORHOOD ENTERPISE ZONE
                            CERTIFICATE #




WHEREAS, the City of Muskegon has established Neighborhood Enterprise Zone (NEZ)
districts within the City; and

WHEREAS, the NEZ certificate for 308 Terrace Point Circle was issued for a homestead facility
for the parcel # 61-24-793-000-0052-00; and

WHEREAS, the property owner no longer resides at 308 Terrace Point Circle, making it ineligible
as a homestead under section 7a of the general property tax act, 1893 PA 206, MCL 211.7a; and

WHEREAS, a letter was sent to the property owner and confirmed the owner’s absence from
the property;

NOW, THEREFORE, BE IT RESOLVED that the City of Muskegon hereby revokes the
Neighborhood Enterprise Zone certificate for 308 Terrace Point Circle.

Adopted this, 26th day of November 2024.



Ayes:

Nays:

Absent:


                                                   By: __________________________
                                                       Ken Johnson, Mayor


                                                   Attest: _________________________
                                                           Ann Meisch
                                                           City Clerk




                                                                                            Page 69 of 228
                                       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 November 26, 2024.

                                                                By: ________________________
                                                                        Ann Meisch
                                                                        City Clerk




                                                                                               Page 70 of 228
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: November 26, 2024            Title: Muskegon Historic District Monument
                                                      Conservation Project - City Contribution and
                                                      Contract Award

Submitted by: Jamie Pesch, Planner                    Department: Planning

Brief Summary:
Staff is requesting authorization to increase the City contribution and enter into a contract with The
Tradesmen Group LLC in the amount of $110,278 to complete recommended conservation work on
the five Hackley Park monuments, the McKinley monument, and the Kearny monument.

Detailed Summary & Background:
At the January 10, 2023 meeting, Commission approved the submittal of a grant application to the
State Historic Preservation Office (SHPO) for monument conservation work at Hackley Park with a
$15,000 local match funded through the Public Art Maintenance fund. The City was awarded a
$55,000 Certified Local Government (CLG) grant and the Commission approved the grant
agreement and increased the local contribution to $50,000 at the August 22, 2023 meeting.

One bid proposal was received from The Tradesmen Group LLC and staff is recommending award of
the services based on their experience with similar projects, and proposed timeframe for completion
of the conservation work. Their $110,278 bid includes the grant-eligible conservation work for the five
monuments within Hackley Park as well as work on the McKinley monument and the Kearny
monument as they are of similar age and condition, but not eligible for grant funds (McKinley is
privately owned, and Kearny is outside the designated historic district boundary).

With articulated or boom lifts and project cost increases, it is requested that the City contribution,
including match, be increased to $70,278. This amount is available in the Public Art Maintenance
fund and is not currently allocated.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:


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

Amount Requested:                                     Budgeted Item:
$70,278                                                Yes            No           N/A

Fund(s) or Account(s):                                Budget Amendment Needed:


                                                                                               Page 71 of 228
101-901-801-092120                                   Yes           No           N/A

Recommended Motion:
I move to approve the increased City contribution and authorize staff to enter into a contract with
The Tradesmen Group, LLC. in the amount of $110,278 to complete recommended conservation
work on the five Hackley Park monuments, the McKinley monument, and the Kearny monument.

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

Information
Technology
Other Division Heads
Communication
Legal Review




                                                                                           Page 72 of 228
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: November 26, 2024            Title: Taste of Muskegon Transition Agreement -
                                                      LAB Events

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

Brief Summary:
LAB Events has requested the transition of ownership of Taste of Muskegon from the City of Muskegon
Parks & Recreation Department. An agreement to outline that transition is included for consideration
and approval.

Detailed Summary & Background:
Taste of Muskegon is entering its 19th year. Prior to becoming a City Event in 2018, the festival was
part of the Downtown Muskegon Now group. Taste of Muskegon is a 2-day food and beverage
festival taking place in and around Hackley Park. Around 30 Muskegon-area restaurants and food
vendors line streets where they sell sample-sized portions of their menu items for patrons to "taste" in
hopes of drawing people into their businesses regularly. Expenses are between $90,000-$100,000 a
year and revenues have generally been around $140,000-$150,000. Taste of Muskegon does not pay
any of its committee members.

When the City started running this event, it ran out of the Clerk's office where the 1-2 Event Planners
were housed at the time. The event moved with the Event Planners to Parks & Recreation in 2023
when they transferred departments. Neither of the staff members' time or salaries for organizing and
executing the event are reflected in the event's budget. The Recreation Coordinators spend over
25% of their working hours planning this event. A transition would be a drastic improvement in the
capacity for the Parks & Recreation department to provide recreation programs for the community.

The LAB team has requested $25,000 for seed money for this event. This request is due to the high
level of standard the event has, to build up the infrastructure for the events to maintain and continue
at this level and for a safety net for a rainout. The request is only for the first year and not an ongoing
funding source. The contract states that if LAB fails to produce the event the City of Muskegon would
be reimbursed at a rate of $12,500 per year for the first 2 years and all assets would be surrendered. A
budget amendment will be needed to reflect a reduced budget for Taste this FY, as the DDA had
$90,000 budgeted and only $25,000 is necessary. The requested funding would be from Taste of
Muskegon profits that DDA holds and not out of the City operations budget.

Goal/Focus Area/Action Item Addressed:

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

Goal/Action Item:


                                                                                               Page 73 of 228
2027 Goal 1: Destination Community & Quality of Life - Parks and Recreation Department and
Services

Amount Requested:                                    Budgeted Item:
$25,000.00                                            Yes       x   No            N/A

Fund(s) or Account(s):                               Budget Amendment Needed:
394-780-801 DDA                                       Yes           No       x    N/A

Recommended Motion:
Authorize staff to enter into the included agreement with LAB events for the rights to Taste of
Muskegon.

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

Information
Technology
Other Division Heads
Communication
Legal Review               x




                                                                                             Page 74 of 228
                             EVENT ASSIGNMENT AGREEMENT

        This Assignment Agreement (“Agreement”) is effective as of the date of last signature
(“Effective Date”) and made by and between LABEVENTS, INC. (“LabEvents”), a non-profit
corporation, of 1644 Division St. Muskegon, MI 49441, and the City of Muskegon (the “City”), a
municipal corporation of 933 Terrace St, Muskegon, MI 49440 (collectively referred to as the
“Parties”) with regard to the following facts and circumstances.

                                            Background

      A.    Whereas, City is the owner and operator of a large scale event known as Taste of
Muskegon (“Taste” or the “Event”);

        B.      Whereas, LabEvents desires to acquire ownership and operation of the Event and
related assets from the City;

       C.       Whereas, City agrees to transfer and assign all rights, title, and interest in the Event
to LabEvents, and LabEvents agrees to accept such transfer and assignment, on the terms and
conditions set forth herein.

        NOW, THEREFORE, based on these recitals and the mutual promises set forth herein, the
parties agree as follows:

        1.      Consultation Period. From the Effective Date until August 31, 2025 (the
“Consultation Period”), the Parties agree to cooperate fully to ensure a smooth and efficient
transfer of the Event. LabEvents shall take operational control of the Event on December 1, 2024.
During the Consultation Period, City will provide information, documents, and access to its
decision-making process for various aspects of the Event, including but not limited to board
meetings, operational procedures, logistics, vendor and exhibitor contracts, sponsorship
agreements, marketing and promotion strategies, attendee data, financial records, and any other
relevant documentation. City will provide LabEvents with access to all necessary resources and
information and City staff will be reasonably available to meet with LabEvents as needed. The
Parties will work collaboratively to address any issues that arise.

       2.      Consideration. City agrees to provide a one-time payment of Twenty-Five
Thousand and 00/100 Dollars ($25,000.00) to LabEvents on or before December 1, 2024, to
support the initial startup costs incurred by LabEvents and in exchange for the Assets identified
on Schedule A. If City resumes control of the Event as further described in Paragraph 3, LabEvents
is obligated to reimburse the full amount of Twenty-Five Thousand and 00/100 Dollars
($25,000.00) and return the assets identified in Schedule A to City at no additional cost. However,
the reimbursement amount will be reduced by Twelve Thousand Five Hundred Dollars
($12,500.00) after each of the following events: Taste 2025 and Taste 2026. In addition, the City
agrees to waive the Special Event Application fee and Hackley Park use fee for each of the
following events: Taste 2025 and Taste 2026.

        3.      Event Reclamation. City may, for good cause, terminate this Agreement any time
before July 1, 2026, on not less than thirty (30) days written notice to LabEvents sent by certified
                                                   1


                                                                                                    Page 75 of 228
mail to LabEvents. If City terminates this Agreement for good cause, LabEvents shall reimburse
the City and return all assets related to the operation of the Event as further described in Paragraph
2. “Good cause” is limited to:
           a. LabEvents failure to maintain a general footprint for the Event as identified on
                Schedule B which contains the basic elements shown on Schedule B. As long as
                the general elements are present, the boundaries of the Event and locations of
                certain items may change from time to time, subject to the City’s Special Event
                Policy in place at such a time.
           b. LabEvents failure to maintain at least 25 food vendors at each Taste.
           c. LabEvents failure to comply with all requirements of law and all ordinances,
                regulations or orders of any state, municipal, or other public authority affecting the
                Event.

       4.      Option to Purchase. If at any time prior to July 1, 2028, LabEvents desires to stop
producing the Event, including if LabEvents seeks to sell the Event, City shall have a Right of
First Refusal (“ROFR”) to assume operations of the Event, at the City’s sole discretion, and
purchase all assets related to the operation of the Event(s) for One Dollar ($1.00). LabEvents shall
provide written notice to City of its intention to stop producing the Event. City shall have sixty
(60) days to exercise its ROFR an assume operational control and purchase the related assets by
providing written notice to LabEvents. If City fails to exercise its ROFR within such 60-day period,
then LabEvents may cease production of the Event(s) and/or sell the related assets to a third party.

        5.      LabEvents Representations and Warranties. LabEvents represents and warrants
to City the following:

           a. LabEvents has full capacity, power and authority to enter into this Agreement and
              to carry out the transactions contemplated by this Agreement and that this
              Agreement is binding upon LabEvents and is enforceable against such LabEvents
              in accordance with the terms of this Agreement. LabEvents’ representations,
              warranties, and obligations in this Agreement shall survive the signing of this
              Agreement until July 1, 2028.

           b. To the Knowledge of LabEvents, there are no Actions pending or, to the Knowledge
              of the LabEvents, threatened, against LabEvents before or by any Person. To the
              Knowledge of LabEvents, there are no existing facts or circumstances that would
              be reasonably expected to give rise to any such Actions.

        6.      Liabilities. LabEvents shall not assume nor be bound by any duties,
responsibilities, obligations, debts, or liabilities of any kind or nature, known, unknown, contingent
or otherwise (collectively, “Liabilities”) of City except for (i) those Liabilities arising as result of
LabEvents’ ownership and operation of the Event at and after the Effective Date or (ii) the breach
or inaccuracy of any representation, warranty or agreement of LabEvents in this Agreement (the
“Assumed Liabilities”) provided, however, that LabEvents shall not assume any Liabilities of the
Event that arise out of or relates to (i) the breach or inaccuracy of any representation, warranty or
agreement of City in this Agreement (ii) those Liabilities arising as a result of the City’s ownership
and operation of the Event prior to the Effective Date, or (iii) any time prior to the Effective Date.

                                                   2


                                                                                                    Page 76 of 228
LabEvents shall assume and hereby agrees to pay, perform and discharge when due any and all
Assumed Liabilities.

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

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

With a copy to:        Parmenter Law
                       601 Terrace Street
                       Muskegon, Michigan 49440
                       Attention: John Schrier
                       E-mail: john@parmenterlaw.com

To LabEvents:          LabEvents
                       1644 Division St
                       Muskegon, MI 49441

                       Attention: Allen Serio
                       E-mail: allenserio@gmail.com

With a copy to:        JAJ Consulting, PC
                       PO Box 482
                       Muskegon, Michigan 49443
                       Attention: Jeffery Jacobson
                       E-mail: jajlaw@outlook.com

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

        9.      Contract. It is further understood and acknowledged that the terms of this
Agreement are contractual, and not a mere recital, that there are no agreements, understandings,
or representations made by any party to this Agreement or persons acting on their behalf, to induce
the undersigned to enter into this Agreement, except as expressly referenced or incorporated within
this Agreement. This Agreement will be governed by the laws of the State of Michigan.

        10.     Entire Agreement; Amendment. The Parties agree that this Agreement contains
the entire agreement and understanding of the Parties, and that there are no additional promises or
terms of agreement between the Parties other than those written in this Agreement. Any

                                                 3


                                                                                                 Page 77 of 228
amendment, modification, or waiver of any provision is valid only if it is in writing and signed by
the Parties. This Agreement supersedes any prior verbal or written understandings or agreements
of the Parties. The terms and conditions of this Agreement shall be binding upon and inure to the
benefit of the respective Parties and their successors and assigns.

        11.     Severability. If any part of this Agreement for any reason is invalid, such invalidity
shall not affect the validity of any of the remaining portions hereof, which shall in all respects
continue in full force and effect as if this Agreement had been executed without the invalid portion.

        12.   Counterparts. This Agreement may be executed in counterparts, and each set of
duly delivered identical counterparts which includes all signatories, shall be deemed to be one
original document. Electronic copies and/or electronic signatures shall be considered valid and
enforceable.

       13.      Headings. The headings contained herein are for the convenience of the parties
and are not to be used in construing this Agreement.


 LABEVENTS, INC.,                                     City of Muskegon
 a Michigan Non-Profit Corporation


 By: _____________________________                    By: _____________________________
 Name:                                                Name: Ken Johnson
 Title:                                               Title: Mayor
 Date: _____________________                          Date: _____________________



                                                      By: _____________________________
                                                      Name: Ann Meisch
                                                      Title: Clerk
                                                      Date: _____________________




                                                  4


                                                                                                  Page 78 of 228
                                                 Schedule A
                                                 Asset List



Physical Assets
Storage Semi Trailer
Taste of Muskegon merchandise
Taste of Muskegon T-Shirts (vol / committee / etc)
Pink Barricades
Green Fencing
20x40 High Top Tent
PVC Map Frames & Legs
Garbage Bags
All Taste Related Banners / Signage
Terra-cycling Box
Unused Wrist Bands & Tickets
Totes of Supplies for Tents (spirits / kids zone / banding / etc)
Totes of Other Supplies (judging / volunteer)
Misc Totes
Storage Shelving
Wooden A-Frame Signs
Wonderland Bourbon / Vodka / Gin
Aluminum Steps for Trailer
PVC tubing & T-posts
String Lights
Eurmax Standard 10x10 w Sidewalls
Bin of Tent Spare Parts


Digitial Assets
Domain name(s)
Admin access to social media accounts
Website hosting takeover/transfer
Logos / digital artwork


                                                       5


                                                                    Page 79 of 228
Contact lists for vendors, suppliers, media partners, related businesses
Access/transfer of website accounts (ie: Volunteer systems, advertising platforms)
Files and templates used for event planning and production




                                                    6


                                                                                     Page 80 of 228
        Schedule B
     Event(s) Footprint

TASTE OF MUSKEGON MAP




             7


                          Page 81 of 228
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: November 26, 2024      Title: School Resource Officer Agreement with
                                                High School and Middle School

Submitted by: Timothy Kozal, Public Safety      Department: Public Safety
Director

Brief Summary:
School Resource Officer Agreement with High School and Middle School

Detailed Summary & Background:
Please review and approve the School Resource Officer Agreement proposed for the employment of
one Muskegon Police Department officer at both the middle and high school for the 2024-2025
school year.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Foster strong ties among government and community agencies

Goal/Action Item:
2027 GOAL 3: COMMUNITY CONNECTION - Strong ties among government and community agencies

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 School Resource Officer Agreements between the City of Muskegon and
Muskegon Public Schools for the 2024-2025 school year and authorize the Mayor to sign.

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

Information
Technology
Other Division Heads




                                                                                       Page 82 of 228
Communication
Legal Review




                Page 83 of 228
Page 84 of 228
Page 85 of 228
Page 86 of 228
Page 87 of 228
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: November 26, 2024         Title: Amendment to the Professional Services
                                                   Agreement between SAFEBuilt Michigan, LLC

Submitted by: Timothy Kozal, Public Safety         Department: Public Safety
Director

Brief Summary:
The Director of Public Safety requests a one-year extension of the Professional Service Agreement
between the City of Muskegon and SAFEBuilt Michigan, LLC to provide building and inspection
services.

Detailed Summary & Background:
The current Professional Services Agreement between the City of Muskegon and SAFEBuilt Michigan,
LLC began December 1, 2016, and ends on December 31, 2024. This amendment would include a
one-year extension to the agreement, an increase in fees recouped by the City of Muskegon from
18% to 20% and an increase in rent paid to the City of Muskegon at $4,972.50 per month.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:


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

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

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

Recommended Motion:
I move to authorize the amendment to the Professional Services Agreement between the City of
Muskegon and SAFEBuilt Michigan, LLC ending on December 31, 2025, and authorize staff to sign.

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

Information



                                                                                          Page 88 of 228
Technology
Other Division Heads
Communication
Legal Review




                       Page 89 of 228
                                       FIRST AMENDMENT OF
                                 PROFESSIONAL SERVICES AGREEMENT
                               BETWEEN CITY OF MUSKEGON, MICHIGAN
                                    AND SAFEbuilt MICHIGAN, LLC
        THIS FIRST AMENDMENT OF PROFESSIONAL SERVICES AREEMENT is made effective as of the date of the last
signature below by and between City of Muskegon, Michigan (Municipality) and SAFEbuilt Michigan, LLC, a wholly owned
subsidiary of SAFEbuilt, LLC, (Consultant). Municipality and Consultant shall be jointly referred to as the “Parties”.
This Amendment shall be effective on the latest date fully executed by both Parties.
RECITALS AND REPRESENTATIONS
    WHEREAS, Parties entered into a Professional Services Agreement (Agreement), by which both Parties established
the terms and conditions for service delivery on December 1, 2016; and

    Parties hereto now desire to amend the Agreement as set forth herein; and

NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, and other good and
valuable consideration, the receipt and adequacy of which are acknowledged, the Parties agree as follows:

    1. The above recitals are acknowledged as true and correct and are incorporated herein.
    2. Agreement, Exhibit B, Fee Schedule, Section 1, Building Department Related Fees are hereby updated to 80% of
       all adopted building department fees.
    3. A project is defined on the basis of an individual parcel ID number. Permit fees for work performed on each
       parcel shall be aggregated over the life of the project and the aggregated amount used to determine the fee
       split, below.
    4. The following tiered fee split language is hereby added to both Section 1 and 2.

        For projects over $100,000,000 up to $199,000,000 in valuation SAFEbuilt will reduce the percentage of fee split
        from 80%% of fees to 75% of fees associated with the project

        For projects over $200,000,000 up to $299,000,000 in valuation SAFEbuilt will reduce the percentage of fee split
        from 75% of fees to 70% of fees associated with the project

        For projects over $300,000,000 up to $399,000,000 in valuation SAFEbuilt will reduce the percentage of fee split
        from 70% of fees to 65% of fees associated with the project

        For projects over $400,000,000 up to $499,000,000 in valuation SAFEbuilt will reduce the percentage of fee split
        from 65% of fees to 60% of fees associated with the project

        For projects over $500,000,000 in valuation SAFEbuilt will reduce the percentage of fee split from 60% of fees to
        50% of fees associated with the project

    5. Agreement, Exhibit D: Lease Agreement is hereby updated to reflect an updated square footage of 3250sqft at
       $1.53 per sqft per month.
    6. All other conditions and terms of the original Agreement not specifically amended herein, shall remain in full
       force and effect.
    7. For the avoidance of doubt, Section 3, above, impacts only the percentage of the permit fee split. Hourly rates
       for additional/other services, including those for the Rental Program, the Dangerous Building Program and for
       code enforcement remain unchanged and will be charged in addition to the percentage of the permit fee.
    8. The term of the Agreement is extended to and including December 31, 2025.




                                                                                                                Page 90 of 228
IN WITNESS HEREOF, the undersigned have caused this Amendment to be executed in their respective names on the
dates hereinafter enumerated.

SAFEbuilt Michigan, LLC                                City of Muskegon, Michigan

By:______________________________                      By:
Name: _Gary Amato         ______________               Name:
Title: _Chief Administrative Officer_______            Title:
Date: _June 14, 2024             __________            Date:




Amendment One                                                                                           Page 2 of 2
MUNICIPALITY                                                                                           Page 91 of 228
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: November 26, 2024          Title: 2025 Special Event Policy

Submitted by: Jacqui Erny, Admin                    Department: DPW- Parks and Recreation

Brief Summary:
Staff is seeking a proposed change to the Special Event Policy which would allow only one event at
Pere Marquette at a time.

Detailed Summary & Background:
Included is the Special Event Policy with the proposed change. A new paragraph has been added
to state: Only one event will be allowed at Pere Marquette on any given date. If more than one
event applies before February 1 for the same event date, the organizer who has held their event on
the date the longest will be able to claim the date. If more than one event applies after February 1
for the same event date, the organizer who applied first will be considered first for that date.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Improved access to the waterfront, Enhanced Parks and Recreation Department and Services,
Events and activities


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

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

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

Recommended Motion:
I move to approve the addition to the Special Event Policy.

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

Information



                                                                                          Page 92 of 228
Technology
Other Division Heads
Communication
Legal Review




                       Page 93 of 228
CITY OF MUSKEGON
SPECIAL EVENT POLICY
The City of Muskegon has many parks and facilities available for use. A
Special Event Application is required for any public event held on City
property or requiring City services. While there are several City departments
involved in the special event process, this policy centralizes the
administration of special events with the Department of Public Works. Email
specialevents@shorelinecity.com or call (231) 724-6907 for any questions.
For events where alcohol is served, applicants must also obtain
approval from the State of Michigan Liquor Control Commission and the Muskegon Police
Department (231-724-6750), in addition to completing the Special Event Application. Liquor
license approval is a separate process from the Special Event Application, with its own fees and
regulations. The final authority for signing special liquor licenses is with the Public Safety Director. For
State of Michigan liquor license regulations and information, please visit the State of Michigan’s website
at www.michigan.gov/lara.

SPECIAL EVENT APPLICATION PROCEDURE
I.         Special Event Application (“Application”) Submission & Fee Schedule
All Applications shall be filed with the Department of Public Works at least forty-five (45) days prior to
the event. The non-refundable Application fee must be paid at the time the Application is submitted.


     $100 fee for applications submitted 60 days or more prior to the event date

     $250 fee for applications submitted 46-59 days prior to the event date

     Applications submitted less than 45 days prior to the event date will not be accepted; first time events
     at Pere Marquette must apply 75 days prior to the event date

Application and parade event fees may be waived for Veteran’s groups. In addition, the City’s
recognized Neighborhood Associations are entitled to two Application fee waivers, event fee waivers
and picnic table deliveries per year in addition to National Night Out festivities, provided that the
Application is submitted to the Department of Public Works at least 45 days in advance of the event date.
Up to two application fees may be waived for a non-profit organization in its lifetime. The non-profit must
serve City of Muskegon residents to qualify.
The Application shall be submitted on the appropriate form. The Application fee must be paid at the
time of Application submission or the Application will not be considered. The City of Muskegon
Request for Special Event Application form can be found on the City’s website at www.muskegon-
mi.gov, or you may email specialevents@shorelinecity.com or call (231) 724-6907 to have one mailed,
or visit the Department of Public works at 1350 E Keating Ave, Monday – Friday from 8:00 am. Until
4:300 p.m. excluding holidays.
Block Parties. The City has a separate Block Party Policy and Application. Contact the Department of
Public Works at specialevents@shorelinecity.com or 231-724-6907 for further information about block
parties.
4th of July weekend. Margaret Drake Elliott Park is not available for special events on the 4 th of July,
including the entire weekend if July 4 falls on a Friday, Saturday, or Sunday. The park is reserved for
picnicking during this holiday.



                                                 -1-




                                                                                                                Page 94 of 228
Reserving event dates for multiple years. As long as prior year event fees are paid in full, established
events may reserve their event date(s) and location for future years. A completed special event
application must be received by February 1 of each year in order to hold the date(s) and location.

II.    Event Requirements
      All Special Event permittees must adhere to the following rules and regulations. Failure to do
so may result in the applicant having any conditional approvals revoked, being held responsible for
any damages and/or denial of future event Applications.
        (a)    Public Safety Personnel. While the presence of public safety personnel
(police/fire/medical) may not be required at all special events, it shall be the discretion of the Public
Safety Director if city police and/or fire officials may be required. The applicant/organization will be
responsible for payment of public safety personnel services. See Fee Schedule (Section IV) for fee
estimates. If an event is cancelled with less than 72 hours’ notice, the applicant/organization will be
responsible for paying two hours’ pay per officer, per union contract requirements. Applicants are not
allowed to provide their own public safety staff (police/fire/medical) without prior approval of the City of
Muskegon’s Public Safety Director.
        (b) Liability Insurance. The applicant must provide proof of liability insurance in the amount
of $1,000,000 naming the City of Muskegon as an additional insured. You may use an insurance agent
of your choice. An acceptable certificate of insurance must be submitted no later than 10 days before
the event date. Please inform your insurance agent that the wording on the certificate must read:
       “The City of Muskegon, all elected and appointed officials, all employees and volunteers, all boards,
       commissions and/or authorities and board members, including employees and volunteers thereof; it
       is understood and agreed that by naming the City of Muskegon as additional insured, coverage
       afforded is considered to be primary and any other insurance the City of Muskegon may have in
       effect shall be considered secondary and/or excess.”

       (c) Restroom Facilities. All outdoor events shall provide adequate restroom facilities (i.e.
portable toilets) including handicapped-accessible facilities per ADA requirements. Restroom
placement shall not impede sidewalk traffic.
        (d) Digging & Staking. Digging or staking at into paved areas, including roadways, sidewalks,
and public parking areas, is not permitted. Digging or staking into non-paved ground shall be cleared
through Miss Dig in order to avoid damage to underground utilities. The Applicant Organization is
responsible for contacting Miss Dig (1-800-482-7171, or dial 811) a minimum of 5 working days prior to
event set-up. The applicant will also be responsible for paying an electrician to locate underground utility
lines and a City employee to location irrigation/water lines, if required. A penalty of $100 will be charged
for an unapproved staking and the Applicant Organization will be responsible for the cost of any
damages to underground utilities, including irrigation lines, caused by digging or staking.
         (e) Electrical and Water Hook-up The applicant must adapt to electrical power available on-
site, or provide their own generator. When using City electrical panels, the applicant shall read the meter
before and after the event, and report those numbers to the City’s special event coordinator upon
request. City fire hydrants may be used as a water source for a fee (see Fee Schedule - Section IV) for
cost. It is the responsibility of the applicant to provide acceptable hoses for potable water usage, which
meet Health Department requirements.
        (f) Inspections. The event location is subject to all building, plumbing, mechanical, electrical,
and fire codes. It is the permittee’s responsibility to schedule an inspection by any and all required
inspectors and pay the required inspection fee(s). The City’s building inspection department
(SAFEbuilt), requires an inspection of assembly tents that are 400 sq ft or greater. See Fee Schedule
(Section IV) for costs. For events having multiple tents, contact the City’s Building Official for inspection
fees.



                                             -2-




                                                                                                                Page 95 of 228
        (g) Food Vendors. Food trucks/trailers. All food trucks or trailers must be inspected and
approved by the Fire Marshal at least 2 weeks prior to participation in a special event. A current,
completed and approved Muskegon County, Grand Rapids FD, Holland FD, Grand Haven DPS or
Kalamazoo County inspection will be accepted. Contact the Fire Marshal for an inspection at (231) 724-
6793.
       Food vendor tents. All vendors cooking in a tent must have tar paper on the ground in their
whole footprint. Food tent vendors are required to have at a minimum: a 3A-40 BC ABC-type fire
extinguisher and a Class-K type fire extinguisher for any deep-frying equipment or when oil and/or
grease is used/produced during food preparation. These extinguishers must have a current inspection
tag from a third-party vendor. Additional extinguishers and requirements may be required and enforced
by the inspecting Fire Official. Food vendors using a tent are subject to site inspection that shall be
performed after the tent and all equipment are in place and operational.
        (h) Camping/Campgrounds. Approval must be given by the City Commission to have camping
at your event at least 60 days before the event. The Department of Public Works will submit the request
to the City Commission. Events that include overnight camping or a campground area also require a
permit from the Muskegon County Health Department and Department of Environment, Great Lakes
and Energy. To obtain information about this permit, call (231) 724-6208. A copy of an approved permit
must be provided to the City.
        (i) Event Set-up and Tear-down. For events utilizing any public roadway, no tents, booths,
vendors, or equipment shall be set up in the roadway prior to 6:00 p.m. the day before the event. All
signs, tents, booths, vendors, and equipment must be removed from the roadway prior to 6:00 a.m. the
day after the event.
         (j) Site Clean-up and Trash Disposal. The Applicant shall be responsible for clean-up of City
facilities after the event. This includes the removal of trash from the site (do not leave full trash cans on
site). Applicants shall provide their own Dumpster. The City shall have the right to enforce cleanup
measures, including but not limited to entry and cleaning of property by City personnel with costs
charged to the owner, occupant, or applicant. City staff may require a walk-through after the event to
ensure satisfactory clean-up.
        (k) Merchandise Sales. Sales of all merchandise for Special Events must be out of the public
right-of-way, unless prior authorization is received.
       (l) Events Using Water. Events utilizing a body of water such as Muskegon Lake and/or Lake
Michigan require Coast Guard (414-747-7100) and/or Department of Natural Resources (269-685-
6851) special event approval.
      (m) Pyrotechnics. Events utilizing any kind of pyrotechnics must contact the Fire Marshal (231-
724-6793) and must also obtain the appropriate permits from the City Clerk’s Office (231-724-6705).
       (n) Compliance with all regulations. Special Event applicants/organizations are responsible
to ensure that all applicable laws and ordinances are followed. Failure to comply with all city ordinances,
rules and regulations may result in the denial of future special event requests.

III.   Special Event Application Processing
       (a) Application Intake. Department of Public Works Office staff shall be responsible for intake
of Special Event Applications and dissemination to appropriate City staff for review and approval. The
Application fee must be submitted with the Application. Liquor license Applications shall be filed with
the Public Safety Director.
        (b) Event Approval. The City will issue a conditional approval or denial no later than 30 days
after the Application date whenever possible. Preliminary approval may be given to allow the applicant
to advertise the event, with final details to be worked out with staff. An approval letter will be issued,
listing conditions of approval. First time events at Pere Marquette must be approved by the City
Commission; the entire approval process could take up to 60 days.
                                             -3-




                                                                                                                Page 96 of 228
         (c) Application Denial. If City staff reviews an Application and denies same, it shall be stated
in writing the reasons for the denial. An appeal of that decision may be made to the City Commission,
whose decision shall be final.
        (d) Unpaid Invoices Due the City. Any past due fees/invoices owed to the City will result in
denial of the event Application and/or future Special Event requests until paid in full.
       (e) Meetings with Staff. City staff will meet with applicants to discuss event details if needed.
Contact the City’s special event coordinator in the Department of Public Works to request a meeting.
There may also be instances when City staff may require a meeting with the applicant. Failure to attend
a requested meeting may result in denial of the Application.
        (f) Street Closures/Barricading. Requests for City road closings/barricading require approval
of the Public Safety Director and the DPW Superintendent. DPW Office staff will forward requests to the
appropriate personnel once the Application and fee are submitted. The applicant is responsible for all
associated costs, which may include barricades, public safety services, etc. There is an additional $50
fee for each block closed beyond 2 blocks. City Commission approval may be required in some cases.
If a street closure is approved for an event, the Applicant must provide written notification to all
businesses and residences located along the affected street(s) and one block surrounding event
footprint at least 10 days prior to the event date. Changes to street closures requested within 30 days
of the event date will incur a $50 fee. No route and/or road closure changes will be allowed within 14
days of an event.
       (f)(1) Time Restrictions Streets shall not be closed prior to 6:00 p.m. the day before the event
       and must be open by 6:00 a.m. the day following the conclusion of the event.
       (f)(2) Parking along event routes. The applicant shall be responsible for posting “No Parking”
       signs along the closed streets of an event route at least 48 hours in advance of the event date.
       The City’s Department of Public Works may have No Parking signs available for use. However,
       the applicant/organization must attach 5 ½” by 8 ½” addendums to the signs noting the name of
       the event and date and time the parking restrictions will be in effect.

       (g) Runs/Walks. For races, runs, walks, or parades, the applicant must submit a map with the
Application, showing the proposed route. In addition, if any streets will be closed or partially closed, the
applicant must provide written notification to all residents and businesses along the route as stated
above in paragraphs (f) and (f)(1). The City’s special event coordinator can provide the names and
addresses of affected homes and businesses to be notified. The applicant is responsible for any public
safety and/or DPW costs for street closures (barricades, police presence at intersections if needed,
etc). Western Ave from Shoreline Dr to 8th St will not be closed for a walk or run.
        (g)(1) Use of Lakeshore Trail bike path. For events utilizing the Lakeshore Trail bike path,
        there is a trail use fee that will be billed upon completion of the event (see Fee Schedule) to
        help cover trail maintenance expenses. In addition, any events using the path must post
        signage at trail entry points on the day of the event, notifying users that there is an event
        occurring on the trail. Signs may be generic, such as “EVENT ON BIKE PATH TODAY”
        (organizations using the path for events may share signs to reduce costs). The City’s Parks
        Supervisor can assist you in locating sign placement locations.


          (h) Pere Marquette Events Only one event will be allowed at Pere Marquette on any given
date. If more than one event applies before February 1 for the same event date, the organizer who
has held their event on the date the longest will be able to claim the date. If more than one event
applies after February 1 for the same event date, the organizer who applied first will be considered
first for that date.                                                                                           Formatted: Font: Not Bold

        (h)(i) Site Plan. The City may require submittal of a site plan showing the event grounds and
the location of tents, vendors, portable toilets, and other structures.


                                            -4-




                                                                                                                                           Page 97 of 228
IV.   Special Event Fee Schedule (Use of City Equipment, Labor Charges, Liquor Licenses,
Inspections, Park use fees)
 ITEM / SERVICE                                         RENTAL FEE (plus labor if necessary)
  55-gallon metal trash can or Cardboard Bins           $10.00 each
 (cardboard delivered for free)
 Plastic trash bags (1 case)                            $40.00 per case or actual cost
  Standard Traffic Cone                                 $1.00 each
  Tall “Grab” Cone                                      $3.00 each
 Fire hydrant use (installation & removal of
                                                        $100.00 flat rate per hydrant
 hydrant tree, water testing, and water usage)
 DPW/Parks personnel labor costs                        $60.00/hour ($120/hour for Sundays and holidays)
 (Transportation of Barricades/Cones/tables, etc)       Truck/ trailer rental may also be charged
 PUBLIC SAFETY SERVICES / FEES
 NOTE: Liquor License fees are lowest when applied for at least 45 days in advance of the event date.
 Liquor licenses will not be issued within 15 days of an event.
 Special liquor license (non-profit)/New event      $150.00 (if applied for at least 45 days in advance of event)
 Special liquor license (non-profit)/Return event
                                                    $125.00 (if applied for at least 45 days in advance of event)
 Organization located outside City of Muskegon
 Special liquor license/Return event, in-City rate  $ 75.00 (if applied for at least 45 days in advance of event)
 Special liquor license (all) within 15-44 days of
                                                    $250.00
 event
 Liquor license/Temporary authorization –
                                                    $40.00 ($60 if within 15-44 days of event)
 existing business/club
 Public safety labor charges (police/fire/medical)  $60.00 per hour (time and ½)
 Public safety labor charges (police/fire/medical)  $120.00 per hour (triple time/holidays)
 INSPECTIONS
 Inspection of assembly tent                            $50.00 (if multiple tents, contact building official for fees)
                                                        Contact the building inspection department to see if
 Electrical or plumbing inspections
                                                        these are required
 Fire Department inspection of food trucks              Included with application fee
 PARK USE FEES
 Hackley Park exclusive use fee with Liquor License     $500/day
 Hackley Park use fee per quadrant                      $50/day per quadrant
 Harbour Towne Beach user fee                           $1500.00 per event
 Pere Marquette Park user fees--Costs are per day
                                             Zone 1      $400 weekdays; $600 Sat, Sun, and Holidays
                                             Zone 2     $300 weekdays; $450 Sat, Sun, and Holidays
                                             Zone 3     $200 weekdays; $300 Sat, Sun, and Holidays
                                             Zone 4     $100 weekdays; $150 Sat, Sun, and Holidays
                       Events with a Liquor License      $1,500 per day
                       Parking spaces for event use     $15 per parking space reserved per day (max 15 spaces)
                                                        and each vehicle must have Beach Parking pass
         Exclusive use fee of Ovals parking lot area    $1,000 per day and each vehicle must have Beach Parking
                                                        pass
 Exclusive use fee of smaller parking lots near Pere    $400 per day and each vehicle must have a Beach Parking
 Marquette (Margaret Drake Elliott Lot, smaller lot     Pass
          near ovals, and lot near the roundabout.)
                    Camping at Pere Marquette Park      $20 per night per camper or tent*
                                                        *The City Commission may opt to collect a percentage of
                                                        camping revenue for larger events in lieu of the $20 per unit


                                               -5-




                                                                                                                         Page 98 of 228
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: November 26, 2024            Title: Sale of 1451 Leahy

Submitted by: Samantha Pulos, Code                    Department: Planning
Coordinator

Brief Summary:
Staff is requesting approval of a Purchase Agreement for 1451 Leahy.

Detailed Summary & Background:
1451 Leahy was constructed through the agreement with Dave Dusendang to construct infill
housing with ARPA funding. The offer is full listing price ($129,900) with $0 seller concessions.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Create an environment that effectively attracts new residents and retains existing residents by filling
existing employment gaps, attracting new and diverse businesses to the city, and expanding access
to a variety of high-quality housing options in Muskegon. 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:
To approve the Purchase Agreement for 1451 Leahy.

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

Information
Technology
Other Division Heads        x


                                                                                                Page 99 of 228
Communication
Legal Review




                Page 100 of 228
dotloop signature verification: dtlp.us/vaq7-mLph-Ky1X

                                                         WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
                                                                                                                                                                #
         DATE:                        11/02/2024                ,       9:30pm          (time)                                    MLS #                    24041970

         SELLING OFFICE:                  Lighthouse Realty Ludington      BROKER LIC.#:         6505346692        REALTOR® PHONE:                         231-690-6801

         LISTING OFFICE:                     West Urban Realty LLC        REALTOR® PHONE:                     616-717-1220

           1. Effective Date: This Agreement is effective on the date of Seller's acceptance of Buyer's offer or Buyer's acceptance of any
               counteroffer, as the case may be, and this date shall hereafter be referred to as the "Effective Date". Further, any reference to "days"
               in this Agreement refers to calendar days. The first calendar day begins at 12:01 a.m. on the day after the Effective Date. Any
               reference to "time" refers to local time.
         2. Agency Disclosure: The Undersigned Buyer and Seller each acknowledge that they have read and signed the Disclosure Regarding
              Real Estate Agency Relationships. The selling licensee is acting as (choose one):
                  Agent/Subagent of Seller               Buyer’s Agent         Dual Agent (with written, informed consent of both Buyer and Seller)
                  Transaction Coordinator
              Primary Selling Agent Name:                    Michelle Hernandez Sarto            Email: MichelleSellsTheMitten@gmail.com Lic.#:                 6501400824

            Alternate Selling Agent Name:                                            Email:                               Lic.#:
         3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.)
                Buyer has received the Seller’s Disclosure Statement, dated          08/09/2024      .
                Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt
                of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this
                Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by
                registered mail. Exceptions:
                Seller is exempt from the requirements of the Seller Disclosure Act.
           4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached
               and will be an integral part of this Agreement.
           5. Property Description: Buyer offers to buy the property located in the  City  Village Township of               Muskegon            ,
            County of                  Muskegon                , Michigan, commonly known as (insert mailing address: street/city/state/zip code)
                                                                        1451 Leahy St, Muskegon, MI 49442
             with the following legal description and tax parcel ID numbers:
                                            CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 14 EXC N 34.12 FT ALSO N 4 FT LOT 13 BLK 274


             PP#                                                                 6124205274001401                                                                                  .
           The following paragraph applies only if the Premises include unplatted land:
           Seller agrees to grant Buyer at closing the right to make (insert number)          all        division(s) under Section 108(2), (3), and
           (4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays
           with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the
           number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale
           will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or
           before                                  , of the proposed division to create the Premises.
        6. Purchase Price: Buyer offers to buy the Property for the sum of $                                   129900.00
                                                  one hundred twenty-nine thousand nine hundred                                            U.S. Dollars
           7. Seller Concessions, if any:                                                NO CONCESSIONS REQUESTED


           8. Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.)
            SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below
            are currently available to Buyer in cash or an equally liquid equivalent.
             If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within
             three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall
             receive a refund of Buyer’s Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price.
                   CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual Agent
                   verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information to Seller and/or
                   Seller’s Agent. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement
                   at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be
                   arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement.
                   NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to
                   obtain a         CONVENTIONAL           type        30       (year) mortgage in the amount of      20      % of the Purchase Price
                   bearing interest at a rate not to exceed       TBD      % per annum (rate at time of loan application), on or before the date the sale is
                   to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to
                   process the application, within           3        days after the Effective Date, not to impair Buyers’ credit after the date such loan if
                   offered.      Seller    Buyer will agree to pay an amount not to exceed $ NEW CONSTRUCT representing repairs required as a
                   condition of financing. Buyer         agrees      does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from

         ©Copyright, West Michigan REALTOR® Associations
         Page 1 of 6 Rev. Date 1/2024                                                            EO                  Buyer’s Initials       SP                      Seller’s Initials
                                                                                              11/03/24
                                                                                            8:57 PM EST
                                                                                                                                           11/04/24
                                                                                                                                         2:44 PM EST
                                                                                                                                                               Page 101 of 228
                                                                                           dotloop verified                             dotloop verified
dotloop signature verification: dtlp.us/vaq7-mLph-Ky1X



                                                                                                                 West Michigan Regional Purchase Agreement          Page 2 of 6
                   Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent.
                   Exceptions:

                   SELLER FINANCING (choose one of the following):                     CONTRACT or                 PURCHASE MONEY MORTGAGE
                   In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the
                   credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if
                   Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer
                   within 48 hours. Seller is advised to seek professional advice regarding the credit report.
                   $                           upon execution and delivery of a
                   form (name or type of form and revision date), a copy of which is attached, wherein the balance of $
                   will be payable in monthly installments of $                            or more including interest at                    % per annum,
                   interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance
                   will become due and payable                            months after closing. Any appraisal required by Buyer shall be arranged and
                   paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions:


                   EQUITY (choose one of the following):         Formal Assumption or       Informal Assumption
                   Upon execution and delivery of:       Warranty Deed subject to existing mortgage OR            Assignment of Vendee Interest
                   in Land Contract, Buyer to pay the difference (approximately $                             ) between the Purchase Price above
                   provided and the unpaid balance (approximately $                             ) upon said mortgage or land contract, which Buyer
                   agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future
                   taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten
                   (10) days after the Effective Date of this Agreement. Exceptions:

                   OTHER: *BUYER HAS CLOSING ON HOME 11/4/24 : BUYER WILL PAY CASH AND OBTAIN A CONVENTIONAL LOAN FOR THE DIFFERENCE.
                                                                            BUYER IS PRE-Qualified for purchase.


         9. Contingencies: Buyer’s obligation to consummate this transaction (choose one):
                   IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer.
                   IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at:

                   A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale
                   or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in
                   writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest
                   Money Deposit.
                   IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing
                   of a sale or exchange of Buyer’s property located at
                                                         on or before                                      . Seller will have the right to continue to
                   market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy
                   thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such
                   price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified
                   promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions:

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




              but does not include:


                                                         1451 Leahy St, Muskegon, MI 49442                                                     11/02/2024          9:30pm
                                                 Subject Property Address/Description                                                             Date              Time
         ©Copyright, West Michigan REALTOR® Associations
         Revision Date 1/2024                                                                      EO                    Buyer’s Initials
                                                                                                                                                SP               Seller’s Initials
                                                                                                 11/03/24                                      11/04/24
                                                                                               8:57 PM EST                                   2:44 PM EST
                                                                                              dotloop verified                              dotloop verified
                                                                                                                                                               Page 102 of 228
dotloop signature verification: dtlp.us/vaq7-mLph-Ky1X



                                                                                                                      West Michigan Regional Purchase Agreement           Page 3 of 6

        11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
            possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
            cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
            that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
            expended through normal use. Exceptions:
                                                                                 N/A; mini-split with heat pump.
        12. Assessments (choose one):
            If the Property is subject to any assessments,
                 Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless
                 of any installment arrangements), except for any fees that are required for future connection to public utilities.
                 Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume
                 and pay all other installments of such assessments.
             Seller has an ongoing obligation through the Closing to disclose to the Buyer any known pending assessments, including, but not limited
             to, any mandatory utility connection requirements, and/or benefit charges, and condominium special assessments, that have not been
             previously disclosed in writing to Buyer.
        13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all taxes
            billed after those addressed below.
             Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property
             tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the
             Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when
             property is transferred.
                 No proration.           (Choose one):
                        Buyer                Seller    will pay taxes billed summer                                 (year);
                        Buyer                Seller    will pay taxes billed winter                                 (year);
                 Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if
                 necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment
                 and prorated to the date of closing with Seller paying for January 1 through the day before closing.
                 Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one):         advance.         arrears.
                 Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal
                 year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken
                 down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions:

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


                                                         1451 Leahy St, Muskegon, MI 49442                                                            11/02/2024         9:30pm
                                                          Subject Property Address/Description                                                              Date          Time

           ©Copyright, West Michigan REALTOR® Associations
           Revision Date 1/2024                                                                       EO                      Buyer’s Initials
                                                                                                                                                     SP             Seller’s Initials
                                                                                                    11/03/24                                        11/04/24        Page 103 of 228
                                                                                                  8:57 PM EST                                     2:44 PM EST
                                                                                                 dotloop verified                                dotloop verified
dotloop signature verification: dtlp.us/vaq7-mLph-Ky1X



                                                                                                                    West Michigan Regional Purchase Agreement          Page 4 of 6
            accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this
            Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of
            Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a refund of
            any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed
            to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this Agreement.
                Buyer has waived all rights under this Inspections & Investigations paragraph.
            Exceptions:                                      Buyer will need a copy of the certificate of Occupancy.
        16. Municipal Compliances: Seller will arrange and pay for current certificates of occupancy, sidewalk compliance, and smoke detector
            ordinances, if applicable.
        17. Title Insurance: Seller agrees to convey marketable title to the Property subject to conditions, limitations, reservation of oil, gas and
            other mineral rights, existing zoning ordinances, and building and use restrictions and easements of record. An expanded coverage
            ALTA Homeowner’s Policy of Title Insurance in the amount of the Purchase Price shall be ordered by Seller and furnished to Buyer at
            Seller’s expense, and a commitment to issue a policy insuring marketable title vested in Buyer, including a real estate tax status
            report, will be made available to Buyer within ten (10) days after the Effective Date. If Buyer so chooses, or if an expanded policy is
            not applicable, then a standard ALTA Owners’ Policy of Title Insurance shall be provided.
             If Buyer objects to any conditions, Buyer may, within three (3) days of receipt of the Title Commitment, by written notice to Seller,
             either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct
             those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
             deemed to have accepted the Title Commitment as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s
             proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days
             after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and
             shall receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day
             period, Buyer will be deemed to accept the Title Commitment as-is and will proceed to closing according to the terms and conditions
             of this Agreement. Exceptions:

        18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property
            and the location of improvements thereon.
                 Buyer or     Seller (choose one) shall within ten (10) days of the Effective Date, order, at their expense, a boundary survey with iron
              corner stakes showing the location of the boundaries, improvements and easements in connection with the Property. Upon receipt of
              the survey, Buyer will have three (3) days to review the survey. If the survey shows any condition, in Buyer’s sole discretion, which
              would interfere with Buyer’s intended use of the Property, the marketability of the title, or zoning non-compliance, then Buyer may,
              within said three (3) day period, terminate this Agreement, in writing, and Buyer will receive a full refund of Buyer’s Earnest Money
              Deposit.
                No survey. Buyer has waived all rights under this paragraph.
             When closing occurs, Buyer shall be deemed to have accepted the boundaries of the Property and the location of such improvements
             thereon. Exceptions:
               If seller does have survey, Buyer would greatly appreciate a copy.;Buyer would like the corners of the property staked for identification purpose
        19. Home Protection Plan: Buyer and Seller have been informed that home protection plans may be available. Such plans may provide
            additional protection and benefit to the parties. Exceptions:
             The builder's one-year warranty starts from the day of Certificate of Occupancy. NEW CONSTRUCTION; NO ADDITIONAL WARRANTY REQUESTED.
        20. Prorations: Rent; association dues/fees, if any; insurance, if assigned; interest on any existing land contract, mortgage or lien
            assumed by Buyer; will all be adjusted to the date of closing. For the purposes of calculating prorations, it is presumed that Seller
            owns the Property through the day before closing.
        21. Closing: If agreeable to Buyer and Seller, the sale will be closed as soon as closing documents are ready, but not later than
                        11/27/2024            . An additional period of fifteen (15) days will be allowed for closing to accommodate the correction of
            title defects or survey problems which can be readily corrected, or for delays in obtaining any lender required inspections/repairs. During
            this additional period, the closing will be held within 5 days after all parties have been notified that all necessary documents have been
            prepared. Buyer and Seller will each pay their title company closing fee, if applicable, except in the case of VA financing where Seller
            will pay the entire closing fee. Exceptions:

        22. Pre-Closing Walk-Through: Buyer (choose one)                     reserves        waives the right to conduct a final walk-through of the
            Property within three (3) days of the scheduled closing date. The purpose of the walk-through is to determine that the Property is in
            a substantially similar condition as of the Effective Date, any contractually agreed upon items have been fulfilled, and that any included
            personal property is still located at the Property. Buyer shall immediately report to Seller any objections to these conditions and Buyer’s
            requested corrective action.
        23. Possession: Seller will maintain the Property in its present condition until the completion of the closing of the sale. Possession to be
            delivered to Buyer, subject to rights of present tenants, if any.
                 At the completion of the closing of the sale.
                 At                 a.m.    p.m. on the                    day after completion of the closing of the sale, during which time Seller
            will have the privilege to occupy the Property and hereby agrees to pay Buyer $                                         as an occupancy
            fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds.

                                                         1451 Leahy St, Muskegon, MI 49442                                                          11/02/2024        9:30pm
                                                          Subject Property Address/Description                                                           Date          Time

           ©Copyright, West Michigan REALTOR® Associations
           Revision Date 1/2024                                                                       EO                   Buyer’s Initials
                                                                                                                                                  SP             Seller’s Initials
                                                                                                    11/03/24                                     11/04/24        Page 104 of 228
                                                                                                  8:57 PM EST                                  2:44 PM EST
                                                                                                 dotloop verified                             dotloop verified
dotloop signature verification: dtlp.us/vaq7-mLph-Ky1X



                                                                                                                    West Michigan Regional Purchase Agreement          Page 5 of 6
             For purposes of determining possession, the transaction will be considered closed once all necessary documents have been signed
             and received by escrow agent and funds have been received by the escrow agent.
             If Seller fails to deliver possession to Buyer on the agreed date, Seller shall become a tenant at sufferance and shall pay to Buyer as
             liquidated damages $ VACANT N/A per day plus all of the Buyer’s actual reasonable attorney's fees incurred in removing the Seller
             from the Property.
             If Seller occupies the Property after closing, Seller will pay all utilities during such occupancy. Seller shall also be responsible for snow
             removal and/or landscape maintenance. Buyer will maintain the structure and mechanical systems at the Property. However, any
             repairs or replacements necessitated by Seller’s misuse, abuse, or neglect of any portion of the Property will be Seller’s responsibility
             and expense.
             On the agreed delivery date, Seller shall deliver the Property free of trash and debris and in broom-clean condition, shall remove all
             personal property (unless otherwise stated in this or an additional written agreement), shall make arrangements for final payment on
             all utilities, and shall deliver all keys to Buyer.
             In the event of possession by Seller after close, Buyer and Seller             agree     do not agree to sign the West Michigan Regional
             Temporary Occupancy Addendum to the Purchase Agreement. If signed, that Addendum shall become an integral part of this
             Agreement.
             Exceptions:
                                                                        N/A : VACANT PROPERTY NEW CONSTRUCTION
        24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until                           5PM                      (time) on
                         11/04/2024            (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted by
            Seller, will constitute a binding Agreement between Buyer and Seller. An Earnest Money Deposit in the amount of $            WAIVED
            shall be submitted to                           WAIVED FOR QUICK CASH CLOSING.                               (insert name of broker, title
            company, other) within 72 hours of the Effective Date of this Agreement, and shall be applied against the Purchase Price. If the Earnest
            Money Deposit is not received within 72 hours of the Effective Date or is returned for insufficient funds, Seller may terminate this
            Agreement until such time as the Earnest Money Deposit is received. If Seller terminates this Agreement under this provision, Seller
            waives any claim to the Earnest Money Deposit. If the sale is not closed due to a failure to satisfy a contingency for a reason other
            than the fault of Buyer, the Buyer is entitled to a refund of the Earnest Money Deposit. If the sale is not closed as provided in this
            Agreement and Buyer and Seller do not agree to the disposition of the Earnest Money Deposit, then Buyer and Seller agree that the
            Broker holding the Earnest Money Deposit may notify Buyer and Seller, in writing, of Broker’s intended disposition of the Earnest
            Money Deposit. If Buyer and Seller do not object to such disposition in writing within fifteen (15) days after the date of Broker’s notice,
            they will be deemed to have agreed to Broker’s proposed disposition; if either Buyer or Seller object and no mutually agreeable
            disposition can be negotiated, Broker may deposit the funds by interpleader with a court of proper jurisdiction or await further actions
            by Buyer and Seller. In the event of litigation involving the deposit, in whole or in part, either the Seller or the Buyer that is not the
            prevailing party, as determined by the court, will reimburse the other for reasonable attorneys’ fees and expenses incurred in
            connection with the litigation, and will reimburse the Broker for any reasonable attorneys’ fees and expenses incurred in connection
            with any interpleader action instituted. If the entity holding the Earnest Money Deposit is not the Broker, then to the extent that the
            terms of any escrow agreement conflict with this paragraph, then the terms and conditions of the escrow agreement shall control.
        25. Professional Advice: Broker hereby advises Buyer and Seller to seek legal, tax, environmental and other appropriate professional
            advice relating to this transaction. Broker does not make any representations or warranties with respect to the advisability of, or the
            legal effect of this transaction. Buyer further acknowledges that REALTOR® above named in the Agreement hereby recommends to
            Buyer that an attorney be retained by Buyer to pass upon the marketability of the title and to ascertain that the required details of the
            sale are adhered to before the transaction is consummated. Buyer agrees that Buyer is not relying on any representation or statement
            made by Seller or any real estate salesperson (whether intentionally or negligently) regarding any aspect of the Property or this sale
            transaction, except as may be expressly set forth in this Agreement, a written amendment to this Agreement, or a disclosure statement
            separately signed by Seller.
        26. Disclosure of Information: Buyer and Seller acknowledge and agree that the Purchase Price, terms, and other details with respect
            to this transaction (when closed) are not confidential, will be disclosed to REALTORS® who participate in the applicable Multiple Listing
            Service, and may otherwise be used and/or published by that Multiple Listing Service in the ordinary course of its business.
        27. Other Provisions:
               NEW CONSTRUCTION: BUYER TO WAIVE ALL INSPECTIONS. BUYER TO PAY A $495.LIGHTHOUSE REALTY BROKER ADMIN FEE AT CLOSE OF
                  SALE. SELLER TO PAY 3% BUYER AGENCY FEE AS CONFIRMED IN BROKER COMPENSATION DOCUMENT. BUYER TO PURCHASE ALL
               APPLIANCES. BUYER TO COMPLY WITH ARP ATTACHMENT FOR GROUNDCOVER (LANDSCAPE) IN 12 MONTHS FROM PURCHASE. BUYER TO
                                     PROVIDE DISABILITY DOCUMENT AND FINANCIALS REQUESTED IN ARP APPLICATION.




        28. Mergers and Integrations: This Agreement is the final expression of the complete agreement of Buyer and Seller, and there are no
            oral agreements existing between Buyer and Seller relating to this transaction. This Agreement may be amended only in writing signed
            by Buyer and Seller and attached to this Agreement.
        29. Fax/Electronic Distribution and Electronic Signatures: Buyer and Seller agree that any signed copy of this Agreement, and any
            amendments or addendums related to this transaction, transmitted by facsimile or other electronic means shall be competent evidence
            of its contents to the same effect as an original signed copy. Buyer and Seller further agree that an electronic signature is the legal
            equivalent of a manual or handwritten signature, and consent to use of electronic signatures. Buyer and Seller agree that any notice(s)
            required or permitted under this Agreement may also be transmitted by facsimile or other electronic means.

                                                         1451 Leahy St, Muskegon, MI 49442                                                          11/02/2024        9:30pm
                                                          Subject Property Address/Description                                                           Date          Time

           ©Copyright, West Michigan REALTOR® Associations
           Revision Date 1/2024                                                                       EO                   Buyer’s Initials
                                                                                                                                                  SP             Seller’s Initials
                                                                                                    11/03/24
                                                                                                  8:57 PM EST
                                                                                                                                                 11/04/24
                                                                                                                                               2:44 PM EST
                                                                                                                                                                 Page 105 of 228
                                                                                                 dotloop verified                             dotloop verified
dotloop signature verification: dtlp.us/vaq7-mLph-Ky1X



                                                                                                                            West Michigan Regional Purchase Agreement                             Page 6 of 6
        30. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic
            communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’
            license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the
            Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with
            Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme
            to steal funds or use your identity.
        31. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer.
                                                                                                                           Erica Organ
                                                                                                                                                                               dotloop verified

             Buyer 1 Address                             224 E Melendy St, Ludington, MI 49431                        X                                                        11/03/24 8:57 PM EST
                                                                                                                                                                               MDTE-AUU8-LKZ4-EZIB    Buyer
             Buyer 1 Phone: (Res.)                 231-852-4317           (Bus.)                                                                              Erica Organ
                                                                                                                                 Print name as you want it to appear on documents.
             Buyer 2 Address                                                                                          X                                                                               Buyer
             Buyer 2 Phone: (Res.)                                        (Bus.)
                                                                                                                                 Print name as you want it to appear on documents.


        32. Seller’s Response: The above offer is approved:                            As written.           As written except:
                   The seller will provide a quit claim deed VS a warranty deed. The buyer acknowledges they have signed and will abide by the city of
                 Muskegon's addendum for the builder's warranty and landscaping requirements. The home must be owner occupied. The sale of the home
                                                            must be approved by city of Muskegon's city council




             Counteroffer, if any, expires                                       , at                     (time). Seller has the right to withdraw this
             counteroffer and to accept other offers until Seller or Seller’s Agent has received notice of Buyer’s acceptance.
        33. Certification of Previous Disclosure Statement: Seller certifies to Buyer that the Property is currently in the same condition as
            disclosed in the Seller’s Disclosure Statement dated                          (choose one): Yes No.
            Seller agrees to inform Buyer in writing of any changes in the content of the disclosure statement prior to closing.
        34. Notice to Seller: Seller understands that consummation of the sale or transfer of the Property described in this Agreement will not
            relieve Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless otherwise agreed to by
            the lender or required by law or regulation. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form
            is available from the respective agents via the West Michigan REALTOR® Boards.

        35. Listing Office Address:                                                                                             Listing Broker License #

             Listing Agent Name:                                              Brent Cox                                         Listing Agent License #

        36. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s
            response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required
            below.
            X (Seller’s Signature, Date, Time): Sam Pulos
                                                                                                                                                                                                dotloop verified
                                                                                                                                                                                                11/04/24 2:44 PM EST
                                                                                                                                                                                                PKZR-B0RM-NHEJ-RQNV



                                                 CITY OF MUSKEGON                                                            Is Seller a U.S. Citizen or Resident Alien?                   Yes              No*
                               Print name as you want it to appear on documents.

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


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

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

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

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

                                                                  Sam Pulos
                                                                                                                                                                                                  dotloop verified

             X (Seller’s Signature, Date, Time):                                                                                                                                                  11/04/24 2:44 PM EST
                                                                                                                                                                                                  ELHJ-JHQ9-VGYR-EQOD




             X (Seller’s Signature, Date, Time):
                                                            1451 Leahy St, Muskegon, MI 49442                                                                     11/02/2024                   9:30pm
                                                             Subject Property Address/Description                                                                      Date                       Time

           ©Copyright, West Michigan REALTOR® Associations
           Revision Date 1/2024                                                                              EO                          Buyer’s Initials
                                                                                                                                                                SP                     Seller’s Initials
                                                                                                           11/03/24
                                                                                                         8:57 PM EST
                                                                                                                                                               11/04/24
                                                                                                                                                             2:44 PM EST
                                                                                                                                                                                    Page 106 of 228
                                                                                                        dotloop verified                                    dotloop verified
Page 107 of 228
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: November 26, 2024            Title: Sale of 1325 Terrace

Submitted by: Samantha Pulos, Code                    Department: Planning
Coordinator

Brief Summary:
Staff is requesting approval of a Purchase Agreement for 1325 Terrace.

Detailed Summary & Background:
1325 Terrace was constructed through an agreement with Dave Dusendang to construct infill
housing with ARPA funding. The offer is for $159,434, which is above the listing price of $149,900. The
seller will contribute $8,994 of
the purchase price towards buyers' closing costs, pre-paid and discount points.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Create an environment that effectively attracts new residents and retains existing residents by filling
existing employment gaps, attracting new and diverse businesses to the city, and expanding access
to a variety of high-quality housing options in Muskegon. 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:
To approve the Purchase Agreement for 1325 Terrace.

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

Information



                                                                                               Page 108 of 228
Technology
Other Division Heads   x
Communication
Legal Review




                           Page 109 of 228
dotloop signature verification: dtlp.us/CzKt-Ri3w-0Yvs




                                                                                                                        158,894.00
                                          One Hundred Fifty Eight Thousand Eight Hundred Ninty Four
                                                         Seller to please pay $8,994.00 towards buyers closing costs, points, and prepaids.




                                                                                                                                   SP          Page 110 of 228
                                                                                                                                   11/12/24
                                                                                                                                 1:13 PM EST
dotloop signature verification: dtlp.us/CzKt-Ri3w-0Yvs




                                                             SP
                                                            11/12/24
                                                          1:13 PM EST
                                                         dotloop verified   Page 111 of 228
dotloop signature verification: dtlp.us/CzKt-Ri3w-0Yvs




                                                           SP          Page 112 of 228
                                                           11/12/24
                                                         1:13 PM EST
dotloop signature verification: dtlp.us/CzKt-Ri3w-0Yvs




                                                           SP          Page 113 of 228
                                                           11/12/24
                                                         1:13 PM EST
dotloop signature verification: dtlp.us/CzKt-Ri3w-0Yvs




               Commissions: Seller to pay, on buyer's behalf, a total of 3.00% of the sales price or $- 0 -for the Buyer Broker's fee. This
               fee includes any commission offerings from the Listing Broker.




                                                                                                            SP           Page 114 of 228
                                                                                                            11/12/24
                                                                                                          1:13 PM EST
dotloop signature verification: dtlp.us/CzKt-Ri3w-0Yvs




                                                                         x
            The seller will provide a quit claim deed VS a warranty deed. The buyer acknowledges they have signed and will
            abide by the city of Muskegon's addendum for the builder's warranty and landscaping requirements. The home
            must be owner occupied. The sale of the home must be approved by city of Muskegon's city council. The sale
            price to be 159,434.00




                                                             Sam Pulos
                                                                                      dotloop verified
                                                                                      11/12/24 1:13 PM EST
                                                                                      AGKF-DR3B-FNQR-LEZY




                                                         Sam Pulos
                                                                             dotloop verified
                                                                             11/12/24 1:13 PM EST
                                                                             OZ5S-CCAK-QPWI-C7UI




                                                                                                                 SP
                                                                                                                11/12/24
                                                                                                              1:13 PM EST
                                                                                                                                Page 115 of 228
                                                                                                             dotloop verified
Page 116 of 228
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: November 26, 2024             Title: Background Investigation Services Bid

Submitted by: Timothy Kozal, Public Safety             Department: Public Safety
Director

Brief Summary:
Staff is seeking to authorize the award of Background Investigation Services to Fias Investigations, LLC
for pre-employment background checks.

Detailed Summary & Background:
The City of Muskegon Police Department performs background checks as part of the City's pre-
employement process for both sworn and civilian employees. A background check is processed prior
to a candidate being selected for hire. This includes, but is not limited to inquiring about one's
criminal, employment and credit history. Currently, the Neighborhood Police Unit officers perform all
background checks needed for employment at the City of Muskegon. This task has become time-
consuming for full-time officers to complete and has taken away from their duties as neighborhood
officers. The City of Muskegon Police Department is recommending outsourcing this task to a private
company for various reasons including:


     • Reduced Bias and Increased Objectivity: Private companies may approach background
       investigations with a more objective, neutral stance, free from internal biases.

     • Improved Efficiency: Many private companies specialize in background checks, often with
       streamlined processes and dedicated resources for this specific function. They may complete
       investigations faster than a busy police department where officers may have multiple
       competing responsibilities.

     • Cost Savings: Outsourcing to a private company may be more cost-effective for some
       agencies, especially if they lack the resources to dedicate full-time officers to this task. This can
       reduce the financial burden of hiring, training, and supervising officers specifically for
       background checks.

     • Better Use of Police Resources: By outsourcing background checks, the City of Muskegon Police
       Department can free up officers to focus on their core responsibilities, like community policing
       and criminal investigations, which are often more pressing for public safety.

     • Specialized Expertise: Private companies may have investigators with specialized skills in
       conducting thorough background checks, including deep dives into financial records,
       employment history, and social media. This expertise can enhance the depth and quality of
       the investigation.




                                                                                               Page 117 of 228
The only bidder, Fias Investigations, LLC has estimated that each background investigation would
take 30 hours at a rate of $80 per hour and not to exceed 40 billable hours with no more than $200 for
administrative fees and web-based searches. The City of Muskegon Police Department estimates
that no more than 8 background checks will be needed for potential City of Muskegon employees
by June 30, 2025.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:


Goal/Action Item:

Amount Requested:                                   Budgeted Item:
$25,000                                              Yes           No           N/A

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

Recommended Motion:
I move to award the Background Investigations Services contract to Fias Investigations, LLC to
provide pre-employment background checks for the City of Muskegon.

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

Information
Technology
Other Division Heads
Communication
Legal Review




                                                                                         Page 118 of 228
Page 119 of 228
Page 120 of 228
Page 121 of 228
Page 122 of 228
Page 123 of 228
Page 124 of 228
Page 125 of 228
Page 126 of 228
Page 127 of 228
Page 128 of 228
Page 129 of 228
Page 130 of 228
Page 131 of 228
Page 132 of 228
Page 133 of 228
Page 134 of 228
Page 135 of 228
Page 136 of 228
Page 137 of 228
Page 138 of 228
Page 139 of 228
Page 140 of 228
Page 141 of 228
Page 142 of 228
Page 143 of 228
Page 144 of 228
Page 145 of 228
Page 146 of 228
Page 147 of 228
Page 148 of 228
Page 149 of 228
Page 150 of 228
Page 151 of 228
Page 152 of 228
Page 153 of 228
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: November 26, 2024             Title: Sprint Cellular Antenna Lease Renewal

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

Brief Summary:
Staff requests authorization to enter into a 10 year lease renewal agreement with up to 20 years of
extension options with SprintCom, LLC for space on and near the Nims water tower for a cellular
antenna and related equipment.

Detailed Summary & Background:
Commission authorized Maralat, LLC, a cellular antenna industry consultant, to enter into negotiations
on the City's behalf with Sprint for renewal of their lease on the Nims water tower. Staff, legal counsel
and Maralat have been working with Sprint to finalize the terms of a lease extension and have
reached an agreement as presented in the attached lease agreement. The table below summarizes
the terms in both the prior lease and this proposed extension.

Component                                Prior Lease              Proposed Renewal
Rental Rate (Monthly)                    $2,874.64                $3,250
Annual Escalation                        3%                       3%
Commencement Date                        N/A                      September, 2024
Expiration Date (With Extensions)        November 13, 2025        November 12, 2055
Termination Fee (Initial 10-Year Term)   None                     100% of Rent
Equipment Upgrade Fee                    None                     $325 per Month Per New Antenna
Administrative Signing Bonus             None                     $7,500

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Decrease infrastructure burden on residents, Sustainability in financial practices and infrastructure,
Increase revenue


Goal/Action Item:
2027 GOAL 4: FINANCIAL INFRASTRUCTURE - Increase revenue

Amount Requested:                                      Budgeted Item:


                                                                                             Page 154 of 228
N/A                                                Yes      X    No           N/A

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

Recommended Motion:
Authorize staff to enter into a 10 year lease renewal agreement with up to 20 years of extension
options with SprintCom, LLC for space on and near the Nims water tower for a cellular antenna and
related equipment.

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

Information
Technology
Other Division Heads
Communication
Legal Review             X




                                                                                       Page 155 of 228
     FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT (WATER TOWER)

        This First Amendment to Communications Site Lease Agreement (Water Tower) (the
“First Amendment”) is effective as of the last signature below (the “Effective Date”), by and
between City of Muskegon, a Michigan municipal corporation (“Lessor”), and SprintCom LLC
(formerly a corporation), a Kansas limited liability company (“Lessee”) (each a “Party”, or
collectively, the “Parties”).

       Lessor and Lessee (or their predecessors-in-interest) entered into that certain
Communications Site Lease Agreement (Water Tower) dated November 14, 2000, (the “Lease”)
regarding the leased premises (“Property”) located at 1596 Superior Street #2, Muskegon, MI
49442 (collectively, the “Premises”).


1.        At the expiration of the current Term of the Lease, the term of the Lease will be extended
          for one additional ten (10) year term and will automatically renew for four (4) additional
          five (5) year terms, each included as a Renewal Term provided that Lessee may elect not
          to renew by providing Lessor at least thirty (30) days' notice prior to the expiration of the
          then current Renewal Term.

2.        At the commencement of the first Renewal Term provided for in this First Amendment,
          Lessee shall pay Lessor three thousand two hundred fifty and 50/100 Dollars ($3,250.50)
          per month as Rent by the fifth (5th) day of each calendar month. Thereafter, on each
          anniversary of a Renewal Term, the Rent will increase by 3% over the Rent paid during
          the previous year, and every year thereafter . In addition to Rent, Lessee shall owe Lessor
          a one-time signing bonus of Seven Thousand Five Hundred and 00/100 Dollars
          ($7,500.00) within 45 days of full execution of this First Amendment.

3.        Commencing on full execution of this First Amendment, Lessee's obligation to pay Rent is
          guaranteed for a period of ten (10) years ("Rent Guarantee Period"). Lessee's obligation
          to pay Rent during the Rent Guarantee Period shall not be subject to offset by Lessee,
          unless any of the following exceptions apply: a) local, state or federal laws materially
          adversely affect Lessee 's ability to operate; b) the Property or the Antenna Facilities are
          damaged or destroyed by wind, fire or other casualty and the Property cannot be restored
          within a six (6)-month time period, then, in addition to the rights set forth herein, Rent
          will be abated for any period of time Lessee is not able to use the Property; c) the Premises
          is foreclosed upon and Lessee is unable to maintain its' tenancy; d) Lessor requires Lessee
          to relocate the Antenna Facilities at any cost to Lessee; or e) Lessor breaches the Lease
          and the default issue is not cured within the applicable cure period. This Rent guarantee
          shall not apply to any increases in the Rent, excluding any escalations set forth in the
          Lease, after the execution of this First Amendment and Lessee’s full termination rights
          under the Lease are in full force and effect. Upon expiration of the Rent Guarantee
          Period, Lessee has the right to terminate this Lease upon prior written notice to Lessor,
          for any or no reason, without further liability.




                                                   1
Sprint Site ID:DE85IP002-A                                                    2/5/2024 Sprint Lease ID: 1528450
                                                                                                        Page 156 of 228
4.        Notwithstanding anything to the contrary in the Lease and as of the Effective Date of this
          First Amendment, the Property may be used for: (a) the transmission and reception of
          communication signals; and (b) upon notice to Lessor, the construction, installation,
          operation, maintenance, repair, addition, upgrading, removal or replacement of any and
          all Antenna Facilities (collectively, the “Permitted Uses”). As of the Effective Date of this
          First Amendment, Lessee has the right to install 12 antennas, as well as any antenna
          required for E911 purposes and/or for Lessee to keep its Lessee Facilities in compliance
          with all applicable laws and regulations as required in the Lease. Should Lessee increase
          the quantity of antennas beyond 12, then Lessee shall increase its monthly rental
          payment to Lessor by $325.00 for each additional antenna.

5.        Notwithstanding anything to the contrary in the Lease and as of the Effective Date of the
          First Amendment, Lessor shall be responsible for maintaining all portions of the Premises
          in good order and condition, including without limitation, plumbing, elevators, the roof
          and support structure, landscaping and common areas, as applicable.

6.        Lessee shall have the right to connect to and otherwise utilize any and all pre-existing
          utility related equipment, or alternatively, to construct, install, operate, maintain, repair,
          add, upgrade, remove or replace utility related equipment (collectively, the "Utility
          Facilities") located on or serving the Premises, which are either owned by or available to
          Lessor.

7.        Lessee shall be responsible for all utility charges for electricity, or any other utility service
          used by Lessee on the Property (the "Utility Charges"). Lessee may install separate
          meters or submeters for the utility usage of Lessee. The Parties will perform a true-up
          during the final month of each Lease year, whereby overpayment or underpayment of
          Utility Charges will be invoiced or credited by Lessor to Lessee within thirty (30) days of
          the true-up.
              a. Smart Submeter. Tenant may install a submeter that can be remotely managed
                   and read (“Smart Submeter”). The Smart Submeter will be read on a regular/
                   quarterly basis and Tenant will be directly invoiced for its Utility Fees, with a
                   copy provided to Landlord’s email address. Tenant will remit payment to the
                   Landlord within thirty (30) days of receipt of the invoice;

8.     Relocation.
                             a)      Landlord must provide Tenant at least six (6) months written
          notice of any repairs, maintenance or other work (the “Work”) during the Term of the
          Lease which would require the temporary relocation of the Antenna Facilities. Landlord
          agrees that the Work will not limit or interfere with Tenant’s Permitted Uses of the
          Premises. Landlord will not impose additional fees, considerations, or conditions upon
          Tenant. If necessary, in Tenant’s sole determination and expense, Tenant may elect to
          install a temporary communications facility (e.g. a “cell on wheels,” or “COW”) in
          another mutually agreeable location on the Property that provides Tenant coverage and
          service levels similar to those of the Antenna Facilities at the original location, while the
          Work is being performed. Tenant shall have the right to reinstall its Antenna Facilities




                                                        2
Sprint Site ID:DE85IP002-A                                                           2/5/2024 Sprint Lease ID: 1528450
                                                                                                               Page 157 of 228
          immediately upon the completion of the Work. Tenant or its designee shall have the
          right to accompany Landlord, its agents or contractors whenever the Work is being
          performed on the Premises. Notwithstanding anything to the contrary, Landlord shall
          not have the right to permanently relocate the Antenna Facilities except as set forth
          herein.

                           b)        If Landlord desires to redevelop, modify, remodel, or in any
          way alter its Property or any improvements thereon (“Redevelopment”), Landlord shall
          in good faith use its best efforts to fully accommodate Tenant’s continuing use of the
          Premises. If both parties to this Lease determine that the Redevelopment necessitates
          permanent relocation of the Antenna Facilities, Landlord shall have the right, subject to
          the following provisions of this section, to relocate the Antenna Facilities, or any part
          thereof, to an alternate location on the Property (the “Relocation Premises”), provided,
          however, that: (i) Landlord may only relocate Tenant once during the Lease; (ii) Landlord
          may only relocate Tenant after the Initial Term; (iii) Landlord must give Tenant at least
          twelve (12) months’ written notice prior to such relocation; (iv) such relocation shall be
          performed exclusively by Tenant or its agents; and (v) such relocation shall not limit or
          interfere with Tenant’s Permitted Uses of the Premises. Landlord shall exercise its
          relocation right by delivering written notice to Tenant pursuant to the Lease and shall
          identify in the notice the proposed Relocation Premises on the Property.


9. All notices, requests, demands and other communications shall be in writing and shall be
   deemed to have been delivered upon receipt or refusal to accept delivery, and are effective
   only when deposited into the U.S. certified mail, return receipt requested, or when sent via
   a nationally recognized courier to the addresses set forth below. Lessor or Lessee may from
   time to time designate any other address for this purpose by providing written notice to the
   other Party.


          If to Lessee:                                            If to Lessor:

          Sprint Property Services                                 City of Muskegon
          Sprint Site ID: DE85IP002-A                              933 Terrace St., P.O. Box 536
          Mailstop KSOPHD0101-Z2650                                Muskegon, Michigan 49443-0536
          6220 Sprint Parkway
          Overland Park, Kansas 66251-2650




          With a copy to:

          Sprint Law Department
          Sprint Site ID: DE85IP002-A



                                                      3
Sprint Site ID:DE85IP002-A                                                         2/5/2024 Sprint Lease ID: 1528450
                                                                                                             Page 158 of 228
          Attn.: Real Estate Attorney
          Mailstop KSOPHD0101-Z2020
          6220 Sprint Parkway
          Overland Park, Kansas 66251-2020

10.       Lessee and Lessor will reasonably cooperate with each other's requests to approve permit
          applications and other documents related to the Premises without additional payment or
          consideration.

11.       Lessor will execute a Memorandum of Agreement at Lessee's request. If the Premises is
          encumbered by a deed, mortgage or other security interest, Lessor will also execute a
          subordination, non-disturbance and attornment agreement.


12.       Except as expressly set forth in this First Amendment, the Lease otherwise is unmodified.
          To the extent any provision contained in this First Amendment conflicts with the terms of
          the Lease, the terms and provisions of this First Amendment shall control. Each reference
          in the Lease to itself shall be deemed also to refer to this First Amendment.

13.       This First Amendment may be executed in duplicate counterparts, each of which will be
          deemed an original. Signed electronic, scanned, or facsimile copies of this First
          Amendment will legally bind the Parties to the same extent as originals.

14.       Each of the Parties represents and warrants that it has the right, power, legal capacity and
          authority to enter into and perform its respective obligations under this First Amendment.
          Lessor represents and warrants to Lessee that the consent or approval of a third party has
          either been obtained or is not required with respect to the execution of First Amendment.
          If Lessor is represented by any property manager, broker or any other leasing agent
          (“Agent”), then (a) Lessor is solely responsible for all commission, fees or other payment
          to Agent and (b) Lessor shall not impose any fees on Lessee to compensate or reimburse
          Lessor for the use of Agent, including any such commissions, fees or other payments
          arising from negotiating or entering into this First Amendment or any future amendment.

15.       This First Amendment will be binding on and inure to the benefit of the Parties herein,
          their heirs, executors, administrators, successors-in-interest and assigns.

          IN WITNESS, the Parties execute this First Amendment as of the Effective Date.



 Lessor:                                               Lessee:

                                                       SprintCom LLC



                                                   4
Sprint Site ID:DE85IP002-A                                                   2/5/2024 Sprint Lease ID: 1528450
                                                                                                       Page 159 of 228
 City of Muskegon, a Michigan municipal       Sprint Spectrum Realty Company, LLC, a Delaware
 corporation                                  limited liability company

 By:                                          By:

 Print Name:                                  Print Name: __________________________

 Title:                                       Title: ________________________________

 Date:                                        Date:




                                          5
Sprint Site ID:DE85IP002-A                                          2/5/2024 Sprint Lease ID: 1528450
                                                                                              Page 160 of 228
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: November 26, 2024          Title: Rezoning of 1095 3rd St from B-2 to FBC, NC.

Submitted by: Mike Franzak, Planning Director       Department: Planning

Brief Summary:
Staff initiated request to rezone a portion of 1095 3rd Street from Convenience Comparison Business
(B-2), to Form Based Code, Neighborhood Core.

Detailed Summary & Background:
The City of Muskegon recently sold the former “Catholic Charities” property at the corner of
3rd/Houston. The developer plans to rehab the existing building into apartments and to also add
additional residential units, such as rowhouses, on the vacant portion of land along Houston Ave. The
portion of the property that contains the existing building is zoned Form Based Code, Mainstreet. Staff
is proposing to rezone the current B-2 portion of the property to Form Based Code, Neighborhood
Core. Staff believes this zoning designation would allow the most flexibility for different types of
housing units, as the addition is still being designed.

The Planning Commission unanimously voted (7-0, 2 absent) to recommend approval of the rezoning.

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 to approve the request to rezone the property at 1095 3rd St from B-2, Covenience and
Comparison Business to Form Based Code, Neighborhood Core.

Approvals:                                          Guest(s) Invited / Presenting:




                                                                                             Page 161 of 228
Immediate Division     X   No
Head
Information
Technology
Other Division Heads
Communication
Legal Review




                                Page 162 of 228
                         PLANNING COMMISSION PACKET EXCERPT

                                           November 12, 2024


Hearing, Case 2024-34: Staff initiated request to rezone a portion of 1095 3rd Street from Convenience
Comparison Business (B-2), to Form Based Code, Neighborhood Core.

SUMMARY

   1. The City of Muskegon recently sold the former “Catholic Charities” property that is now vacant
      at the corner of 3rd/Houston. The developer plans to rehab the existing building into apartments
      and to also add additional residential units, such as rowhouses, on the vacant portion of land along
      Houston Ave.
   2. The portion of the property that contains the existing building is zoned Form Based Code,
      Mainstreet.
   3. Staff is proposing to rezone the current B-2 portion of the property to Form Based Code,
      Neighborhood Core. Staff believes this zoning designation would allow the most flexibility for
      different types of housing units, as the addition is still being designed.
   4. Please see the enclosed zoning ordinance excerpt for FBC, NC districts.
   5. 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.




                                                   1095 3rd St




                                                                                                    Page 163 of 228
Zoning Map




Aerial Map




             Page 164 of 228
                                        CITY OF MUSKEGON
                                  MUSKEGON COUNTY, MICHIGAN
                                      ORDINANCE NO.


An ordinance to amend the zoning map of the City to provide for a zone change for 1095 3rd St from
Convenience and Comparison Business (B-2) to Form Based Code, Neighborhood Core (FBC, NC).


THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning from B-2 to FBC, NC.


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



                                                CITY OF MUSKEGON


                                                    By: __________________________
                                                       Ann Meisch, MMC
                                                       City Clerk




                                                                                                 Page 165 of 228
                                                CERTIFICATE

                                 (Rezoning 1095 3rd St from B-2 to FBC, NC)


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 26th day of November, at which
meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of
2006, and that minutes were kept and will be or have been made available as required thereby.


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




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




                                                                                                        Page 166 of 228
                                                    CITY OF MUSKEGON
                                                   NOTICE OF ADOPTION


Please take notice that on November 26, 2024, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning for 1095 3rd St from B-2 to FBC, NC.

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 167 of 228
                          Agenda Item Review Form
                          Muskegon City Commission
Commission Meeting Date: November 26, 2024             Title: Amendment to Section 404 of the zoning
                                                       ordinance to remove R-2 and R-3 districts and to
                                                       adjust the area and bulk requirements for R-1
                                                       districts. SECOND READING

Submitted by: Mike Franzak, Planning Director          Department: Planning

Brief Summary:
This is a staff-initiated request to amend the zoning ordinance to allow all single-family residential lots
to be considered buildable as long as they are at least 30 feet wide and 3,000 in size.

Detailed Summary & Background:
There are currently three separate single-family residential districts in the zoning ordinance; R-1, R-2,
and R-3; which all allow the same uses. The main difference between these districts is how much lot
width is required to be considered a buildable lot. This proposal would eliminate R-2 and R-3 districts
and change the bulk and area requirements to the current R-3 standards, which requires a minimum
30-foot lot width and 3,000 sf in size. The new Maximum Lot Coverage requirements would be 70% for
buildings and 20% for pavement. During the first reading, the Maximum Lot Coverage requirements
were amended to include a statement that "when a lot is covered over 80% by the combination of
buildings and pavement, the remaining amount of pavement allowed must be pervious." The chart in
Section 404 would be removed and the Area and Bulk Requirements would be represented as they
previously were in the zoning ordinance (without a chart).

The Planning Commission unanimously (6-0, 2 abstain, 1 absent) voted to approve the request as
presented.

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:


                                                                                                  Page 168 of 228
I move to approve the request to amend Section 404 of the zoning as presented.

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

Information
Technology
Other Division Heads
Communication
Legal Review




                                                                                   Page 169 of 228
                                    Planning Commission Packet Excerpt

Hearing, Case 2024-27: Staff-initiated request to amend Section 404 of the zoning ordinance to remove R-2
and R-3 districts and to adjust the area and bulk requirements for R-1 districts.

SUMMARY

   1. There are currently three separate single-family residential districts in the zoning ordinance; R-1, R-2,
      and R-3; which all allow the same uses. The main difference between these districts is how much lot
      width is required to be considered a buildable lot. This proposal would eliminate R-2 and R-3 districts
      and change the bulk and area requirements to the current R-3 standards, which requires a minimum 30-
      foot lot width.
   2. The chart in Section 404 would be removed and the Area and Bulk Requirements would be represented
      as they previously were in the zoning ordinance (without a chart).

Proposed amendments (redline version)
Section 404: Area and Bulk Requirements

                          R-1                      R-2                      R-3
 Minimum Lot Size         6,000 square feet        4,000 square feet        3,000 square feet
 Minimum Lot Width        50 feet                  40 feet                  30 feet
 Maximum Lot              Buildings: 50%           Buildings: 60%           Buildings: 70%
 Coverage
                          Pavement: 10%            Pavement: 15%            Pavement: 20%
 Height Limit*            2 stories or 35 feet**   2 stories or 35 feet**   2 stories or 35 feet**
 Front Build-to-Zone***   10-30 feet               10-30 feet               10-30 feet
 Rear Setback             15 feet                  15 feet                  15 feet
 Side Setback             1 story: 6 feet          1 story: 6 feet          1 story: 5 feet
                          2 story: 8 feet          2 story: 7 feet          2 story: 5 feet


* Height measurement: In the case of a principal building, the vertical distance measured from the average
finished grade to the highest point of the roof surface where the building line abuts the front yard, except as
follows: to the deck line of mansard roofs, and the average height between eaves and the ridge of gable, hip,
and gambrel roofs (see Figure 2-2). If the ground is not entirely level, the grade shall be determined by
averaging the elevation of the ground for each face of the building (see Figure 2-3).

** Homes located in an established Historic District may be up to 3 stories or 45 feet, if found to be
compatible with other homes within 600 feet.

*** New principal structures may align with existing principal structures in the immediate area even if the
front setback falls outside the build-to-zone. The immediate area shall be considered all houses on the same
block face within 600 feet of the property. For corner lots, the front shall be considered the street that faces
the front door. The other street shall follow the side setback requirements. The rear, which is opposite of the
front street, shall also follow the side setback requirements. All required setbacks shall be measured from the
property line to the nearest point of the determined drip line of buildings.



                                                                                                      Page 170 of 228
New Language Proposed:




                         Page 171 of 228
Page 172 of 228
                                          CITY OF MUSKEGON

                                   MUSKEGON COUNTY, MICHIGAN

                                          ORDINANCE NO._____


An ordinance to amend Section 404 of the zoning ordinance to remove R-2 and R-3 districts and to adjust the
area and bulk requirements for R-1 districts

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

Article 404 of the zoning ordinance is amended as follows:

SECTION 404: AREA AND BULK REQUIREMENTS

   1. Minimum lot size: 3,000 sq. feet.

   2. Maximum lot coverage:

              Buildings: 70%
              Pavement 20%

              *When a lot is covered over 80% by the combination of buildings and pavement, the
              remaining amount of pavement allowed must be pervious.

   3. Lot width: 30 feet (shall be measured at road frontage unless a cul-de-sac, then measured from
      setback).

   4. Height limit: 2 stories or 35 feet. Exception: Homes located in an established Historic District may be
      up to 3 stories or 45 feet, if found to be compatible with other homes within 600 feet.

       Height measurement: In the case of a principal building, the vertical distance measured from the
       average finished grade to the highest point of the roof surface where the building line abuts the
       front yard, except as follows: to the deck line of mansard roofs, and the average height between
       eaves and the ridge of gable, hip, and gambrel roofs (see Figure 2-2). If the ground is not entirely
       level, the grade shall be determined by averaging the elevation of the ground for each face of the
       building (see Figure 2-3).

   5. Front Setbacks:

              Minimum: 10 feet
              Maximum: 30 feet

       Note: New principal structures may align with existing principal structures in the immediate area
       even if the front setback falls outside the build-to-zone. The immediate area shall be considered all
       houses on the same block face within 600 feet of the property.




                                                                                                    Page 173 of 228
   For corner lots, the front shall be considered the street that faces the front door. The other street
   shall follow the side setback requirements. The rear, which is opposite of the front street, shall also
   follow the side setback requirements.

   All required setbacks shall be measured from the property line to the nearest point of the determined
   drip line of buildings.Rear setback: 15 feet

6. Rear setback: 15 feet

7. Setback from the ordinary high-water mark or wetland: 30 feet (principal structures only).

8. Side setbacks: 5 feet

   Note, setback measurement: All required setbacks shall be measured from the right-of-way line to
   the nearest point of the determined drip line of buildings.

9. Zero lot line option: New principal buildings may be erected on the rear lot line and/or one side lot
   line provided:

       a. The building has an approved fire rating for zero-lot line development under the building
          code.

       b. The building has adequate fire access preserved pursuant to fire code requirements.

       c. The zero lot line side is not adjacent to a street,

       d. A maintenance access agreement is granted by the adjacent property owner and recorded
          with the County Register of Deeds and provided to the zoning administrator with the site
          plan or plot plan.

       e. It is not adjacent to wetlands or waterfront.




                                                                                                Page 174 of 228
This ordinance adopted:


Ayes:______________________________________________________________

Nayes:_____________________________________________________________

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                          CITY OF MUSKEGON

                                          By: _________________________________
                                                 Ann Meisch, MMC, City Clerk




                                                                                  Page 175 of 228
                                         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 26th day of November 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 176 of 228
                                               CITY OF MUSKEGON
                                               NOTICE OF ADOPTION

Please take notice that on November 26, 2024, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 404 of the zoning ordinance to remove R-2 and R-3 districts and to adjust the
area and bulk requirements for R-1 districts.
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 177 of 228
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: November 26, 2024            Title: Amendment to Section 400 of the zoning
                                                      ordinance to allow duplexes, triplexes, and
                                                      accessory dwelling units as principal uses
                                                      permitted in the Single-Family Residential Districts.
                                                      SECOND READING

Submitted by:                                         Department: Planning

Brief Summary:
This is a staff-initiated request to amend Section 400 of the zoning ordinance to allow duplexes,
triplexes, and accessory dwelling units as principal uses permitted in the Single-Family Residential
Districts.

Detailed Summary & Background:
Currently, single-family is the only housing option in R districts. This proposal recommends allowing
duplexes, triplexes and accessory dwelling units (under certain conditions) in these districts. Duplexes
would have to be on lots at least 40 feet wide. Triplexes would have to be on lots at least 50 feet wide
and must have an alley in the back. Accessory Dwelling Units would have to be located behind an
existing housing unit.

The Planning Commission unanimously (6-0, 2 abstain, 1 absent) voted to approve the request as
presented.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:


Goal/Action Item:

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 amendments to Section 400 of the zoning ordinance as proposed.

Approvals:                                            Guest(s) Invited / Presenting:



                                                                                                Page 178 of 228
Immediate Division     X   No
Head
Information
Technology
Other Division Heads
Communication
Legal Review




                                Page 179 of 228
                                   Planning Commission Packet Excerpt

Hearing, Case 2024-28: Staff-initiated request to amend Section 400 of the zoning ordinance to allow duplexes,
triplexes, and accessory dwelling units as principal uses permitted in the Single-Family Residential Districts.

SUMMARY

   1. Currently, single-family is the only housing option in R districts. This proposal recommends allowing
      duplexes, triplexes and accessory dwelling units (under certain conditions) in these districts.

Proposed amendments (redline version)




                                                                                                    Page 180 of 228
                                           CITY OF MUSKEGON

                                   MUSKEGON COUNTY, MICHIGAN

                                          ORDINANCE NO._____


An ordinance to amend Section 400 of the zoning ordinance to allow duplexes, triplexes, and accessory
dwelling units as principal uses permitted in the Single-Family Residential Districts.



THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

Article 400 of the zoning ordinance is amended as follows:

SECTION 400: PRINCIPAL USES PERMITTED

In all Single-Family Residential Districts, no building or land shall be used and no building shall be erected,
structurally altered, or occupied except for one or more of the following specified uses, unless otherwise
provided in this Ordinance;

   1. One Family detached dwellings.

   2. Duplexes on lots that are at least forty (40) feet wide.

   3. Triplexes with the following conditions:

           a. The lot must be at least fifty (50) feet wide.

           b. The lot must be serviced by an alley in the rear.

           c. Parking areas must be set back at least forty (40) feet from the front property line and may
              not be accessed from the front street.

   4. Accessory dwelling units with the following conditions:

           a. The accessory dwelling unit must be detached and accessory to a principle structure.

           b. The accessory dwelling unit is allowed in conjunction with a one-family detached, duplex, or
              triplex.

           c. The accessory dwelling unit must be located behind the front building line of the principal
              structure.

   5. Existing multiple-family buildings may add additional dwelling units as long as they meet the living
      area standards listed in Section 2319.




                                                                                                    Page 181 of 228
This ordinance adopted:

Ayes:______________________________________________________________

Nayes:_____________________________________________________________

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                          CITY OF MUSKEGON

                                          By: _________________________________
                                                 Ann Meisch, MMC, City Clerk




                                                                                  Page 182 of 228
                                         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 12th day of November 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 183 of 228
                                               CITY OF MUSKEGON
                                               NOTICE OF ADOPTION

Please take notice that on November 12, 2024, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 400 of the zoning ordinance to allow duplexes, triplexes, and accessory
dwelling units as principal uses permitted in the Single-Family Residential Districts.
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 184 of 228
                          Agenda Item Review Form
                          Muskegon City Commission
Commission Meeting Date: November 26, 2024             Title: Amendment to Article II of the zoning
                                                       ordinance to create a definition for accessory
                                                       dwelling unit. SECOND READING

Submitted by: Mike Franzak, Planning Director          Department: Planning

Brief Summary:
This is a staff-initiated request to amend Article II of the zoning ordinance to create a definition for
accessory dwelling unit.

Detailed Summary & Background:
Proposed definition:
Accessory Dwelling Unit (ADU): An accessory structure typically located at the rear of a lot that
provides either a small residential unit or home office space.

The Planning Commission unanimously (6-0, 2 abstain, 1 absent) voted to approve the request as
presented.

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 to approve the request to amend Article II of the zoning ordinance as presented.

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

Information



                                                                                                  Page 185 of 228
Technology
Other Division Heads
Communication
Legal Review




                       Page 186 of 228
                                   Planning Commission Packet Excerpt



Hearing, Case 2024-29: Staff-initiated request to amend Article II of the zoning ordinance to create a definition
for accessory dwelling unit.


SUMMARY

   1. A definition for accessory dwelling unit must be created.

Proposed amendments (redline version)




                                                                                                      Page 187 of 228
                                          CITY OF MUSKEGON

                                   MUSKEGON COUNTY, MICHIGAN

                                          ORDINANCE NO._____


An ordinance to amend Article II of the zoning ordinance to create a definition for accessory dwelling unit.

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

Article II of the zoning ordinance is amended as follows:

Accessory Dwelling Unit (ADU): An accessory structure typically located at the rear of a lot that provides
either a small residential unit or home office space.

This ordinance adopted:

Ayes:______________________________________________________________

Nayes:_____________________________________________________________

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                    CITY OF MUSKEGON

                                                    By: _________________________________
                                                           Ann Meisch, MMC, City Clerk




                                                                                                    Page 188 of 228
                                         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 12th day of November 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 189 of 228
                                               CITY OF MUSKEGON
                                               NOTICE OF ADOPTION

Please take notice that on November 12, 2024, the City Commission of the City of Muskegon adopted an
ordinance to amend Article II of the zoning ordinance to create a definition for accessory dwelling unit.


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 190 of 228
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: November 26, 2024           Title: Amendment to Article IV of the zoning
                                                     ordinance to remove R-2 and R-3 districts and
                                                     rename the single-family residential district.
                                                     SECOND READING

Submitted by: Mike Franzak, Planning Director        Department: Planning

Brief Summary:
THis is a staff-initiated request to amend Article IV of the zoning ordinance to remove R-2 and R-3
districts and rename single-family residential districts.

Detailed Summary & Background:
If the request to allow duplexes, triplexes and accessory dwelling units is approved, the name of the
zoning designation should be changed to reflect the types of houses allowed. Staff proposes
changing the name from “Single-Family Residential” to “Neighborhood Residential.”

The Planning Commission unanimously (6-0, 2 abstain, 1 absent) voted to approve the request as
presented.

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 to approve the request to amend Article IV of the zoning ordinance as presented.

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




                                                                                              Page 191 of 228
Information
Technology
Other Division Heads
Communication
Legal Review




                       Page 192 of 228
                                  Planning Commission Packet Excerpt


Hearing, Case 2024-30: Staff-initiated request to amend Article IV of the zoning ordinance to remove R-2 and
R-3 districts and rename single-family residential districts.

SUMMARY

   1. If the request to allow duplexes, triplexes and accessory dwelling units is approved, the name of the
      zoning designation should be changed to reflect the types of houses allowed. Staff proposes changing
      the name from “Single-Family Residential” to “Neighborhood Residential.”

Proposed amendments (redline version)




                                                                                                  Page 193 of 228
                                           CITY OF MUSKEGON

                                   MUSKEGON COUNTY, MICHIGAN

                                          ORDINANCE NO._____


An ordinance to amend Article IV of the zoning ordinance to remove R-2 and R-3 districts and rename single-
family residential districts.

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

Article II of the zoning ordinance is amended as follows:

                          ARTICLE IV – R NEIGHBORHOOD RESIDENTIAL DISTRICTS


PREAMBLE

The R Neighborhood Residential Districts are designed to provide a variety of housing choices on a range of
lot sizes. The regulations are intended to stabilize, protect, and encourage the residential character of the
districts and prohibit activities not compatible with a residential neighborhood. Development is limited to
detached houses, duplexes, triplexes, accessory dwelling units, and such other uses as schools, parks,
churches, and certain public facilities which serve residents of the district. All homes in these districts must
meet the residential design criteria established in Section 2319.



This ordinance adopted:

Ayes:______________________________________________________________

Nayes:_____________________________________________________________

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                     CITY OF MUSKEGON

                                                     By: _________________________________
                                                            Ann Meisch, MMC, City Clerk




                                                                                                     Page 194 of 228
                                         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 12th day of November 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 195 of 228
                                               CITY OF MUSKEGON
                                               NOTICE OF ADOPTION

Please take notice that on November 12, 2024, the City Commission of the City of Muskegon adopted an
ordinance to amend Article IV of the zoning ordinance to remove R-2 and R-3 districts and rename single-
family residential districts.


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 196 of 228
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: November 26, 2024           Title: Amendment to Section 2326 of the zoning
                                                     ordinance to reduce the minimum number of
                                                     parking spaces for single-family and multi-family
                                                     dwelling units. SECOND READING

Submitted by: Mike Franzak, Planning Director        Department: Planning

Brief Summary:
This is a staff-initiated request to amend Section 2326 of the zoning ordinance to reduce the minimum
number of parking spaces for single-family and multi-family dwelling units. Staff is proposing to reduce
the minimum number of parking spaces required per dwelling unit from two to one.

Detailed Summary & Background:
Only one parking space per dwelling unit was required for residential uses prior to an ordinance
amendment in 2002. Large apartment complexes continue to overdevelop parking lots based on the
zoning ordinance’s requirements. Staff had considered proposing to eliminate parking minimums
altogether, as is the case in form-based code districts, but based on public feedback a reduction to
one parking space per dwelling unit is being proposed instead.

The Planning Commission unanimously (6-0, 2 abstain, 1 absent) voted to approve the request as
presented.

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 to approve the amendments to Section 2326 of the zoning ordinance as presented.

Approvals:                                           Guest(s) Invited / Presenting:



                                                                                              Page 197 of 228
Immediate Division     X   No
Head
Information
Technology
Other Division Heads
Communication
Legal Review




                                Page 198 of 228
                                  Planning Commission Packet Excerpt

Hearing, Case 2024-31: Staff-initiated request to amend Section 2326 of the zoning ordinance to reduce the
minimum number of parking spaces for single-family and multi-family dwelling units.

SUMMARY
   1. Only one parking space per dwelling unit was required for residential uses prior to an ordinance
      amendment in 2002. Large apartment complexes continue to overdevelop parking lots based on the
      zoning ordinance’s requirements. Staff had considered proposing to eliminate parking minimums
      altogether, as is the case in form-based code districts, but based on public feedback a reduction to one
      parking space per dwelling unit is being proposed instead.

Proposed amendments (redline version)




                                                                                                   Page 199 of 228
                                         CITY OF MUSKEGON

                                  MUSKEGON COUNTY, MICHIGAN

                                         ORDINANCE NO._____


An ordinance to amend Section 2326 of the zoning ordinance to reduce the minimum number of parking spaces
for single-family and multi-family dwelling units.

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

Article Section 2326 of the zoning ordinance is amended as follows:




This ordinance adopted:

Ayes:______________________________________________________________

Nayes:_____________________________________________________________

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                   CITY OF MUSKEGON

                                                   By: _________________________________
                                                          Ann Meisch, MMC, City Clerk


                                                                                               Page 200 of 228
                                         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 12th day of November 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 201 of 228
                                               CITY OF MUSKEGON
                                               NOTICE OF ADOPTION

Please take notice that on November 12, 2024, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 2326 of the zoning ordinance to reduce the minimum number of parking
spaces for single-family and multi-family dwelling units.


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 202 of 228
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: November 26, 2024          Title: Amendment to Article XX of the zoning
                                                    ordinance to allow the conversion of single-
                                                    family houses into duplexes and triplexes.
                                                    SECOND READING

Submitted by: Mike Franzak, Planning Director       Department: Planning

Brief Summary:
This is a staff-initiated request to make minor amendments to the design criteria in the form-based
code to allow single-family houses to be converted into duplexes and triplexes, under certain
conditions.

Detailed Summary & Background:
Within the form-based code districts, a few minor design requirements could prevent converting a
single-family house into a duplex or triplex. Please see the enclosed Planning Commission Excerpt that
depicts these changes in more detail.

The Planning Commission unanimously (6-0, 2 abstain, 1 absent) voted to approve the request as
presented.

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 to approve the amendments to Article XX of the zoning ordinance as presented.

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



                                                                                             Page 203 of 228
Information
Technology
Other Division Heads
Communication
Legal Review




                       Page 204 of 228
                                   Planning Commission Packet Excerpt

Hearing, Case 2024-32: Staff-initiated request to amend Article XX of the zoning ordinance to allow the
conversion of single-family houses into duplexes and small multiplexes.

SUMMARY

   1. Within the form-based code districts, a few minor design requirements could prevent converting a
      single-family house into a duplex or triplex.
   2. These requirements for Duplex Buildings include (requirements written in black. Suggested
      amendments written in red):
          a. Duplexes require “Entrances to upper floor unit(s) to be located at the front and/or side street
              and shall be directly accessed from and face the street (2006.16, 4.0, B.). Add language stating
              that existing Detached House Buildings may add an additional unit without meeting this
              requirement.
          b. Stoop Frontage Option for a Detached House allows for entry doors to be uncovered with no
              canopy or supported roof (2006.17, B., 2.) while duplexes require that entry doors be covered
              with a roof supported with columns. Add uncovered porches as an option for Duplex
              Buildings.
          c. Engaged Porch Frontage Option for a Duplex requires that a minimum of 50% of the building
              facade projects either beyond the line of the porch columns or flush with the porch columns
              (2006.16, H.), while a Detached House requires a minimum of 33% (2006.17, H.). Reduce the
              50% requirement for Duplex Buildings to 33%.
   3. These requirements for Small Multiplex Buildings include (requirements written in black. Suggested
      amendments written in red):
          a. Small Multiplexes shall have an 18” to 32” pilaster or wall surface every 18 to 30 feet along
              building facades facing streets. Pilasters shall extend vertically from grade to cornice expression
              line (this is not a requirement for the Detached House Building Type). Remove this requirement.
          b. 10’ minimum ground floor ceiling height (9’ for Detached House Building Type). Reduce this
              requirement from 10’ to 9’ for Small Multiplexes.
          c. Different types of entry door treatments are required for Small Multiplexes and Detached
              Houses (2006.14, 9.01, A.2.). Add uncovered porches as an option for Small Multiplexes.
          d. 18” minimum stoop height for a Small Multiplex is higher than the 12” minimum for a Detached
              House. Reduce the minimum stoop height for Small Multiplex Buildings from 18” to 12”.
          e. A Small Multiplex Building requires that 10% to 50% of the façade between the adjacent grade
              and the finish floor line of the second story be windows, but Detached House Buildings require
              40% to 60% be windows. Increase the maximum percentage for Small Multiplex Buildings
              from 50% to 60%.
          f. Engaged Porch Frontage Option for a Small Multiplex requires that a minimum of 50% of the
              building facade projects either beyond the line of the porch columns or flush with the porch
              columns while a Detached House requires a minimum of 33%. Reduce the 50% requirement
              for Small Multiplex Buildings to 33%.

   4. Please see the proposed amendments on the following pages. A redlined version is not compatible with
      the document type that is used for the form-based code. Instead, proposed amendments have been
      highlighted.




                                                                                                      Page 205 of 228
                                         CITY OF MUSKEGON

                                  MUSKEGON COUNTY, MICHIGAN

                                        ORDINANCE NO._____


An ordinance to amend Article XX of the zoning ordinance to allow the conversion of single-family houses
into duplexes and small multiplexes.


THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

Article XX of the zoning ordinance is amended as follows:




                                                                                              Page 206 of 228
Page 207 of 228
Page 208 of 228
This ordinance adopted:

Ayes:______________________________________________________________

Nayes:_____________________________________________________________

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                          CITY OF MUSKEGON

                                          By: _________________________________
                                                 Ann Meisch, MMC, City Clerk




                                                                                  Page 209 of 228
                                         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 12th day of November 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 210 of 228
                                               CITY OF MUSKEGON
                                               NOTICE OF ADOPTION

Please take notice that on November 12, 2024, the City Commission of the City of Muskegon adopted an
ordinance to amend Article XX of the zoning ordinance to allow the conversion of single-family houses
into duplexes and small multiplexes.


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 211 of 228
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: November 26, 2024           Title: Lumberjacks Eight Amendment - Assignment

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

Brief Summary:
The Muskegon Lumberjacks are requesting the attached amendment be adopted regarding the
circumstances in which their Shared Use Agreement could be assigned to a third party.

Detailed Summary & Background:
In light of the significant improvements the Lumberjacks have made to Trinity Health Arena, they are
requesting that specific circumstances be detailed as to when their Participation Agreement could
be assigned to a third party, which would be a financial default on the part of the Lumberjacks. This is
being requested now because of the team's new ownership and their desire to insulate their
investment in Muskegon.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Events and activities



Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Improved access to waterways

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:
To approve the Eight Amendment to the Muskegon Lumberjack's Shaired Use Agreement and
authorize the Clerk and Mayor to sign.

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

Information



                                                                                              Page 212 of 228
Technology
Other Division Heads
Communication
Legal Review           X




                           Page 213 of 228
                            Eighth Amendment to Shared Use Agreement
        This Eighth Amendment to Shared Use Agreement (“Eighth Amendment”) dated effective
November ___, 2024 (“Effective Date”), is entered into between the City of Muskegon, a municipal
corporation, of 933 Terrace Street, Muskegon, Michigan 49440 (“City”) and Muskegon Lumberjacks
Organization, LLC, a Michigan limited liability company, with Peter Herms, as Owner, of 470 W.
Western Avenue, Muskegon, Michigan 49440 (“Lumberjacks”) (collectively, the “Parties”) with
reference to the following facts:
                                                Recitals
       A.     The City and WC Hockey, LLC entered onto a Shared Use Agreement dated July 1,
2019, which WC Hockey, LLC has assigned to Muskegon Lumberjacks Organization, LLC.

        B.      The Shared Use Agreement has been amended by the First Amendment dated July 1,
2019 which revised paragraphs 3 (Term: Early Termination), 12(a) (Shared Sponsorships) and 14(c)
(Additional Lease Space, Future Restaurants, Pubs or Retail Space); Second Amendment dated July 1,
2019 which revised paragraphs 4(c) (Minimum Gross Revenue) and 12(a) (Shared Sponsorship); Third
Amendment dated July 1, 2019 which revised Paragraphs 12 (Sponsorship and Advertising), 14(a)
(Capital Construction), 18 (City Participation), and WZZM Studio Space; Fourth Amendment dated July
1, 2019 which revised paragraph 14(a) (Capital Construction); Fifth Amendment dated July 1, 2021
which revised Paragraph 3 (Term); Sixth Amendment dated May 23, 2023, which among other things
provided for additional Option Terms; and Seventh Amendment dated August 27, 2024, which revised
Paragraph 14(a) Capital Construction.

         C.      The Sixth Amendment contemplated the City and Lumberjacks would work together in
good faith to enter into future written agreements to make additional agreed upon capital improvements to
the Arena, and how the costs related thereto would be shared. To that end, the Parties entered the Seventh
Amendment to set forth the terms and conditions according to which the City and Lumberjacks would
share in the costs of purchase and installation of a new overhead Scoreboard in the Arena.

        D.      In consideration of the Lumberjacks past investment in capital improvements to the
Arena and the anticipated mutually agreed upon future capital improvements to be made by the
Lumberjacks and its owner Peter Herms, the Parties desire to enter this Eighth Amendment to set forth the
terms and conditions under which the City will agree not to consent to any voluntary or involuntary
assignment of the Shared Use Agreement.
       Therefore, in consideration of the above Recitals, the Shared Use Agreement is amended and
modified as follows:
         1.      Assignment. The City agrees that so long as the Lumberjacks are not in default in the
payment of annual amounts or any other amounts owed to City under the Shared Use Agreement, the City
will not consent to the voluntary or involuntary assignment of the Lumberjacks interest in this Shared Use
Agreement to any third party.

        2.       Full Force and Effect. Except as set forth in this Eighth Amendment, the terms and
conditions of the Shared Use Agreement shall remain in full force and effect. In case any of the
provisions of the Shared Use Agreement, as amended, contradict or conflict with this Eighth Amendment,
the terms of this Eighth Amendment shall prevail.




                                                                                                     Page 214 of 228
        3.     Counterparts/Electronic Signature. This Eighth Amendment may be executed in any
number of counterparts and by different parties to this Amendment on separate counterparts, each of
which, when so executed, will be deemed an original, but all such counterparts will constitute one and the
same amendment. Any signature delivered by a party by fax or email will be deemed to be an original
signature.

        4.       Full Execution. This Eighth Amendment requires the signature of all parties. Until fully
executed, on a sign copy or in counterparts, this Eighth Amendment is of no binding or effect and if not
fully executed, this Eighth Amendment is void.
        The Parties hereto have executed this Eighth Amendment as of the Effective Date.
Lumberjacks –                                    City –
Muskegon Lumberjacks Organization, LLC                    City of Muskegon


By:    __________________________                         By: __________________________
Name: Andrea Rose                                         Name: Ken Johnson
Title: President of Business Operations                   Title: City Mayor


Owner                                                     By: __________________________
                                                          Name: Ann Marie Meisch
_______________________                                   Title: City Clerk
Peter Herms




                                                                                                     Page 215 of 228
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: November 26, 2024           Title: EGLE Grant Development Agreement, City
                                                     of Muskegon and Muskegon Limited Dividend
                                                     Housing Association, Lofts of Muskegon, 122 W.
                                                     Muskegon Ave.

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

Brief Summary:
Muskegon Limited Dividend Housing Association has applied for an EGLE Grant in the amount of
$872,500

Detailed Summary & Background:
Muskegon Limited Dividend Housing Association, LLC (the developer) has been invited to apply for
an EGLE Grant on behalf of the City of Muskegon (applicant) for the proposed Lofts of Muskegon
development located at 122 W. Muskegon Avenue. The grant request totals $872,500.

The site, last occupied by a fast-food restaurant from 1997 to 2015, is currently vacant. The proposed
redevelopment involves the construction of a 4-story multifamily affordable housing complex with 46
units, following the demolition of existing site features. The total private investment is estimated at
approximately $16 million, with the creation of two part-time jobs anticipated.

Due to its historical uses—including a gas station, battery storage shop, dry cleaner, and auto repair
shop—the site has documented contamination. Soil and soil gas samples collected from the property
reveal the presence of contaminants, necessitating the proper management of contaminated soil
and the implementation of a vapor mitigation system (VMS) to safeguard indoor air quality for future
residents. Grant funds will be utilized to cover the design and installation of the VMS and the removal
and proper disposal of contaminated soil generated during site demolition and redevelopment
(excluding the cost of excavation).

The project is expected to commence in March 2025, with completion anticipated by March 2026.
EGLE requires a development agreement between the applicant and the developer, outlining the
responsibilities of each party. A draft of the proposed development agreement is attached for
review.


Goal/Focus Area/Action Item Addressed:

Key Focus Areas:
Diverse housing types

Goal/Action Item:


                                                                                           Page 216 of 228
2027 Goal 2: Economic Development Housing and Business

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

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

Recommended Motion:
I move to approve the EGLE grant development agreement between the City of Muskegon and
Muskegon Limited Dividend Housing Association, LLC, for the Lofts of Muskegon project at 122 W.
Muskegon Ave. and authorize the City Mayor to sign.

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

Information
Technology
Other Division Heads
Communication
Legal Review




                                                                                        Page 217 of 228
                          CITY OF MUSKEGON, MICHIGAN
                  BROWNFIELD REDEVELOPMENT GRANTAGREEMENT

This Brownfield Redevelopment Grant Agreement (the “Agreement”) made by the City of
Muskegon, a Michigan municipal corporation, whose address is 933 Terrace St., Muskegon,
Michigan 49440 (the “City”); and Muskegon Limited Dividend Housing Association LLC, an Ohio
company, with a business address of 9100 Centre Pointe Drive, Suite 210, West Chester, Ohio
45069 (the “Developer”).


                                           RECITALS

        WHEREAS, The Developer intends to develop the property in the City of Muskegon which
is described on the attached Exhibit A (the “Property”) and which, as defined by Part 201 of
Michigan’s Natural Resources and Environmental Protection Act (P.A. 451 of 1994, as amended),
is an “eligible property” and is therefore commonly referred to as a “brownfield”, and

        WHEREAS, the City has applied for and received a $872,500 Michigan Department of
Environment, Great Lakes & Energy (EGLE, formerly Department of Environmental Quality)
Brownfield Redevelopment Grant (the “Grant Funds”), as authorized by Part 196 of Michigan
Public Act 451 of 1994 the Natural Resources and Environmental Protection Act (the “Part 196”)
on the behalf of the Developer; and

        WHEREAS, pursuant to Part 196, Grant Funds are to be used to undertake cleanup of
brownfield sites by making low interest loans and grants to parties willing to undertake cleanup of
these sites; and that the LEDC is responsible for the administration of the Grant Funds; and

       WHEREAS, the City (the “Grantor”) intends to use the Grant Funds to reimburse the
Developer (the “Grantee”) for undertaking certain work related to the assessment, investigation,
remediation, and mitigation of environmental contamination (the “Work”) in connection with the
redevelopment of the Property, per the Michigan Department of Environment, Great Lakes &
Energy (EGLE, formerly Department of Environmental Quality) Brownfield Redevelopment
Grant Contract (Project Name: Lofts at Muskegon, Location Code: NA, Tracking Code: NA)
(“Grant Contract”), a copy of which is attached as Exhibit B, and approved EGLE Work Plan;




                                                1


                                                                                              Page 218 of 228
                                        AGREEMENT

NOW THEREFORE, for good and valuable consideration including the mutual covenants of the
Parties made herein, the receipt and sufficiency of which consideration is hereby acknowledged,
the parties agree as follows:

1.0    Subject to and as provided by the terms and conditions of this Agreement, and subject to
       determination by the City that the Developer has sufficient funding and the Project is
       otherwise likely to be completed and occupied, the City agrees to use the Grant Funds to
       reimburse the Developer for Eligible Activities, as defined by Part 196, per Grant Contract
       and Work Plan, in an amount not to exceed the amount of the Grant. These Eligible
       Activities must be completed by December 31, 2027, per the Grant Contract.

2.0    The Developer accepts and agrees to the requirements and limitations stated in the terms
       and conditions of the Grant Contract, a copy of which is attached as Exhibit B, and which
       terms and conditions are incorporated herein by reference. The Developer agrees to comply
       with such terms and conditions to the extent same are under its control or influence, even
       though the Developer is not a party to the Grant Contract, and to fully cooperate with the
       City in the City’s efforts to comply with said terms and conditions.

3.0    The Developer agrees to indemnify and hold harmless the City for any and all losses
       incurred by the City related to the terms and conditions of the Grant Contract, which losses
       are caused by the acts or omissions of the Developer.

4.0    The Developer’s addresses are as follows:
             Mail: 9100 Centre Pointe Drive, Suite 210
                    West Chester, Ohio 45069

              Attn: J.P. Buckingham
              Email: jp.buckingham@triterra.us
              Phone: (517) 853-2151

5.0    The City’s addresses are as follows:
              Mail: 933 Terrace St.
                     Muskegon, MI 49440

              Attn: Contessa Alexander
              Email: contessa.alexander@shorelinecity.com
              Phone: (231) 724-4141




                                   (Signatures on the following page)




                                                2


                                                                                              Page 219 of 228
          EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY




              3


                                Page 220 of 228
                        EXHIBIT B
MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES & ENERGY
            BROWNFIELD REDEVELOPMENT GRANT




                            4


                                                           Page 221 of 228
                         Agenda Item Review Form
                         Muskegon City Commission
Commission Meeting Date: November 26, 2024          Title: Housing Board of Appeals - Demolition of
                                                    1101 Pine St

Submitted by: Timothy Kozal, Public Safety          Department: Public Safety
Director

Brief Summary:
To concur with the Housing Board of Appeals decision to deem 1101 Pine St. a dangerous building
and authorize Melching, Inc. as the lowest bidder to execute the demolition.

Detailed Summary & Background:
1101 Pine St was brought to the attention of staff in February 2024. After performing an exterior
inspection, it was apparent the structure was in fact a dangerous building. Deficiencies noted in that
report, from failing roof frame to failing foundation members, the greatest cause for concern being
the structure had begun to cave in on itself from excessive water damage and decay in a roof
valley. All appropriate notices and orders were sent to the property owner. At their September
meeting, the Housing Board of Appeals recommended that the building be taken down. The building
appears to be deteriorating at an increasingly fast rate, and staff have concerns that it could
collapse even before the commission meeting on Nov. 26. Staff went ahead and requested bids for
the demolition, with Melching, Inc. coming in the lowest bid at $97,000.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:


Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Reduction of blighted commercial properties

Amount Requested:                                   Budgeted Item:
$97,000                                              Yes             No     X   N/A

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

Recommended Motion:
I move to approve the demolition of 1101 Pine St by Melching, Inc.

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


                                                                                          Page 222 of 228
Head
Information
Technology
Other Division Heads
Communication
Legal Review




                       Page 223 of 228
                                 EN2400156 – 1101 Pine St
                             CC MEETING NOVEMBER 26th, 2024
                                       New Birth Outreach Ministries
                                          Pastor Leroy Lockhart
                                         1021 Jefferson St. apt 117
                                           Muskegon, MI 49440




Information:
The address was brought to the attention of staff in February of 2024. After performing an exterior inspection, it
was apparent the structure was in fact a dangerous building. Deficiencies noted in that report, from failing roof
frame to failing foundation members, the greatest cause for concern being the structure had begun to cave in on
itself from excessive water damage and decay in a roof valley. A notice and order was sent in March of 2024 in
hopes of having a responsible party reply. However, no contact was made.

 On July 18th, 2024, staff was provided with a contact number for the owner and when a call was made it was
unanswered. This continued for several days. Finally, a call was made again. This call was received by the
owner, who was preoccupied and quickly asked to call back the next day. No call was returned, so staff reached
out again to discuss the property and the high potential for structure collapse and how soon that may be a reality
due to unpredictable weather in October. During that discussion, the owner was asked if any action had been
taken to contact a contractor, or if any estimates had been previously made. Also noted in that discussion the
dangerous building ordnance in the city of Muskegon and what that meant for him as a property owner. The
owner noted having a discussion with his wife and returning a call. To date, no return call has been made.

The McLaughlin neighborhood association has contacted staff multiple times as the concern about the
structure's collapse grows greater with every rain for nearby homeowners. Statistically, when a structure
collapses, the fall radius of said structure is 1-1/2 times the height of the noted structure. With an estimated 60'
of height on the structure, this would make the fall radius of the structure approx. 150', with the average city
street approx. 50' feet. A collapse of this structure could be catastrophic for neighboring homes and businesses.

The building department's recommendation for the structure is demolition due to Article III Sec. 10-61 of the
Muskegon city code. It is imperative that the structure is demolished as soon as possible to avoid catastrophe for
the neighboring homes.



Complaint Notice:
     A Dangerous Buildings complaint letter was sent February 5th, 2024.




                                                                                                         Page 224 of 228
Notice & Order:
          • On March 12th, 2024, a Notice and order was sent and posted to the property.
          • On May 23rd, 2024, a 10-day Notice of Hearing was sent and posted.
          • On Augst 26th, 2024, a 10-day Notice of Hearing was sent and posted.
          • On September 12th, 2024, an HBA determination was sent and posted.
          • On October 14th, 2024, a Notice and Order to repair or remove (demolish) a structure was sent.
          • On October 16th, 2024, a remove belongings letter was sent.




             All notices are sent via First Class and Certified Mail as well as posted to the property.




Contact with Owner:
        Contact has been made with the owner. To express the severity of the issues at the property. During that
discussion, staff inquired about gaining access to the property for asbestos testing as this would greatly reduce
the cost of demolition. The owner at that time stated that he did have a key and would provide access, but was
dealing with family matters and would reach out later in the week as he had noted in previous calls.
When the owner did not reach out, staff made efforts to contact the owner to personally retrieve and return the
key. At this point, the owner expressed his frustration with the city as he was still dealing with family matters
and did not have time to address the structure. This conversation was held on or around Monday, October 7th.
The second call was held in the afternoon of October 10th. The owner has not returned any unanswered calls
and has not tried to contact staff in any capacity.

Additional Information:
          • This is a 1 1/2 story/class C building/ Sqft N/A
          • SEV & Taxable $158,200 & $156,450
          • Current taxes due. Winter $8113.37 and Summer $1881.50
          • Built in 1882 (effective age 142 yrs)
          • Staff estimated cost for repairs are N/A until an inspection is performed.
          • The structure is in the McLaughlin General res neighborhood.

Permits Obtained:
         • Issued Mechanical permit 10/03/2013 for replacement of a residential furnace. That permit was
             finaled on 10/31/2013.
         • Issued Electrical permit 10/03/2013 for replacement of a residential furnace. That permit was
             finaled on 10/31/2013.
         • Canceled plumbing permit on 03/09/2022 for repairs done to a kitchen sink.




                                                                                                          Page 225 of 228
Page 226 of 228
Page 227 of 228
Page 228 of 228

Top of Page


Sign up for City of Muskegon Emails