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CITY OF MUSKEGON CITY COMMISSION MEETING May 13, 2025 @ 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 HEARINGS: A. Brownfield Plan Amendment- 351 W. Western Ave., 351 Phase II, LLC Economic Development B. Neighborhood Enterprise Zone Certificate - 1542 Adams Ave. Economic Development C. Neighborhood Enterprise Zone Certificate - 397 Marquette Ave. Economic Development D. Neighborhood Enterprise Zone Certificate - 303 Terrace Point Circle Economic Development ☐ FEDERAL/STATE/COUNTY OFFICIALS UPDATE: ☐ PUBLIC COMMENT ON AGENDA ITEMS: ☐ CONSENT AGENDA: A. Approval of Minutes City Clerk B. Sale of 283 & 287 E Walton Planning C. Sale of 1067 Sophia Planning D. Sale of 444 Adams Planning E. Liquid Sodium Hypochlorite Renewal Public Works Page 1 of 3 Page 1 of 288 F. Contractor selection- 1698 Wood St. Community & Neighborhood Services G. South Breakwater Pier Gate Lease Amendment Public Works H. Extension of Partnership Agreement: Boys & Girls Club of the Muskegon Lakeshore DPW- Parks I. Resolution for Charitable Gaming License - Restoration Restore a Generation City Clerk J. Fleet Vehicle Replacements Public Works K. Energy Performance Contract Consultant Public Works L. Sick Leave Extension for Employee Public Safety M. Resolution of Support for the Design of Apple Avenue Public Works N. Resolution of Support for City Ownership of Apple Avenue Public Works O. Concur with CRC Recommendation City Clerk P. Resolution for Watch Muskegon Day Manager's Office ☐ UNFINISHED BUSINESS: ☐ NEW BUSINESS: ☐ ANY OTHER BUSINESS: ☐ GENERAL PUBLIC COMMENT: ► 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. ►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 Page 2 of 3 Page 2 of 288 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 288 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: May 13, 2025 Title: Brownfield Plan Amendment- 351 W. Western Ave., 351 Phase II, LLC Submitted by: Jake Eckholm, Development Department: Economic Development Services Director Brief Summary: 351 Phase II, LLC is requesting consideration of their brownfield plan amendment for the redevelopment project located at 351 West Western Avenue. Detailed Summary & Background: The City of Muskegon Brownfield Redevelopment Authority has received a request for approval of a Brownfield Plan Amendment under Act 381 for the 351 Phase II Redevelopment Project. The proposed amendment involves the redevelopment of approximately 0.5 acres of partially improved and vacant land located at the corner of W. Western Ave. and 2nd Street in downtown Muskegon. The project, led by 351 Phase II, LLC, will transform the property into a mixed-use development featuring 64 new residential units (41 studios and 23 one-bedroom units), and approximately 3,112 square feet of first-floor retail space. This addition will enhance the existing Lake View Lofts project, which currently comprises 20 residential units, bringing the total to 84 units. Approximately 50% of the new units (32 units) will be designated for tenants earning 120% of the area median income or less for a period of 30 years. The project is expected to commence in summer/fall 2025 and be completed within a 15-month construction period. The total capital investment is estimated at $27.7 million. The amendment allows for the use of tax increment financing (TIF) to reimburse the developer for eligible activities totaling $6,540,560. This includes baseline environmental assessment activities, housing development activities, site preparation, infrastructure improvements, and potential rent loss. The Brownfield Redevelopment Authority's administrative costs are expected to be $384,333 and $353,829 for the Local Brownfield Revolving Fund. 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 Page 4 of 288 Yes No N/A Fund(s) or Account(s): Budget Amendment Needed: N/A Yes No N/A Recommended Motion: I move to close the public hearing and approve the Brownfield Plan Amendment for 351 Phase II, LLC. Approvals: Guest(s) Invited / Presenting: Immediate Division Head No Information Technology Other Division Heads Communication Legal Review Page 5 of 288 RESOLUTION APPROVING BROWNFIELD PLAN AMENDMENT 351 Phase II, LLC (351 West Western Avenue) County of Muskegon, Michigan 2025-April-8 Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of Muskegon, Michigan (the "City"), held in the City Commission Chambers on the 8th day of April, 2025 at 5:30 p.m., prevailing Eastern Time. PRESENT: ABSENT: The following preamble and resolution were offered by ______________ and supported by ______________. WHEREAS, in accordance with the provisions of Act 381, Public Acts of Michigan, 1996, as amended ("Act 381"), the City of Muskegon Brownfield Redevelopment Authority (the "Authority") has prepared and approved a Brownfield Plan Amendment; and WHEREAS, a Development and Reimbursement Agreement (the "DRA") has been entered into by and among the Authority, the City, and the Developer, outlining the terms and conditions for the reimbursement of eligible activities using Brownfield Tax Increment Financing (TIF) revenue; and WHEREAS, the Authority has forwarded the Brownfield Plan Amendment, to the City Commission requesting its approval of the Brownfield Plan Amendment; and NOW, THEREFORE, BE IT RESOLVED THAT: 1. That the Brownfield Plan constitutes a public purpose under Act 381. 2. That the Brownfield Plan meets all the requirements of Section 13(1) of Act 381. 3. That the proposed method of financing the costs of the eligible activities, as identified in the Brownfield Plan and defined in Act 381, is feasible and the Authority has the authority to arrange the financing. 4. That the costs of the eligible activities proposed in the Brownfield Plan are reasonable and necessary to carry out the purposes of Act 381. Page 6 of 288 5. That the amount of captured taxable value estimated to result from the adoption of the Brownfield Plan is reasonable. 6. That the Brownfield Plan Amendment is approved and is effective immediately. 7. That all resolutions or parts of resolutions in conflict herewith shall be and the same are hereby rescinded. Be it Further Resolved that the Mayor and City Clerk are hereby authorized to execute all documents necessary or appropriate to implement the provisions of the Brownfield Plan. AYES: NAYS: ABSENT: RESOLUTION DECLARED APPROVED. _____________________________________ Ann Meisch, City Clerk _____________________________________ Ken Johnson, Mayor Page 7 of 288 I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a regular meeting held on April 8, 2025 and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act,being Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of said meetingwere kept and will be or have been made available as required by said Act. ______________________________ Ann Meisch, City Clerk Page 8 of 288 March ‘17 City of Muskegon Brownfield Redevelopment Authority Application for Inclusion in the Muskegon Brownfield Plan Introduction The purpose of the City of Muskegon Brownfield Redevelopment Authority is to provide financial incentives for economic development projects within the City of Muskegon where environmental contamination, blight, or functional obsolescence create an impediment to redevelopment of property. Inclusion of a project in the Muskegon Brownfield Plan can result in certain eligible activities being financed through tax increment financing. The statutory authorization for Brownfield Authorities and Brownfield tax increment financing are found in Michigan’s Public Act 381 of 1996, as amended, the Brownfield Redevelopment Financing Act (Act 381). What are the advantages of being included in the Muskegon Brownfield Plan? Tax Increment Financing Inclusion in the Brownfield Plan allows the developer/business the use of tax increment financing for reimbursement of “eligible activities”. These may include: 1) Environmental Response Activities, including Baseline Environmental Assessments, Due Care Activities, and other environmental response activities. 2) Demolition 3) Public Infrastructure Improvements 4) Site Preparation 5) Lead and Asbestos Abatement Do you want to be in the City of Muskegon Brownfield Plan? First, you need to ask yourself the following questions: 1) Is the property where the project proposed a “facility”? (“Facility” is defined by Part 201 of NREPA as property where the concentration of a hazardous substance in soil or groundwater exceeds the applicable Michigan Residential Generic Cleanup Criteria.) 2) Is a building on the property where the project is proposed considered “Blighted”? Blighted is defined by Act 381, as property that meets any of the following criteria: a) Has been declared a public nuisance in accordance with a local housing, building, plumbing, fire, or other related code or ordinance; b) Is an attractive nuisance to children because of physical condition, use, or occupancy; c) Is a fire hazard or is otherwise dangerous to the safety of persons or property; d) Has had the utilities, plumbing, heating, or sewerage permanently disconnected, destroyed, removed, or rendered ineffective so that the property is unfit for its intended use. 3) Is the property where the project is proposed considered “Functionally Obsolete”? Functionally Obsolete is defined by Act 381, as “unable to be used to adequately perform the function for which it was intended due to a substantial loss in value resulting from factors such as overcapacity, changes in technology, deficiencies or super adequacies in design, or other similar factors that affect the property itself or the property’s relationship with other surrounding property.” The City would be involved in making this determination through a qualified assessor. 1 Page 9 of 288 March ‘17 If you answer yes to any of the questions above, the following steps should be taken. 1) Contact the City of Muskegon Planning & Economic Development Department to discuss your project and discuss the project feasibility (appropriate development, proper zoning, eligible according to the applicable statute, etc). 2) City staff and/or Brownfield Consultant will work with you to discuss project eligibility and to evaluate the Brownfield incentives as they may apply to the proposed project (does it make sense for your company to pursue this incentive, or are other avenues more appropriate?) 3) Once the decision is made to proceed to prepare an amendment to the Brownfield Plan, the applicant then files an application to the City to be included in the Muskegon Brownfield Plan (see Fees below). The City staff and/or its Brownfield Consultant, and the applicant will identify the “eligible activities” that may be eligible for reimbursement through tax increment financing. Review and approval of eligible activities by the Michigan Strategic Fund (MSF) and/or the Michigan Department of Environmental Quality (MDEQ) will be required if school operating taxes will be captured for certain eligible activities. The applicant must submit a proposed amendment to the Muskegon Brownfield Plan. After review and discussion with the City staff, the proposed amendment to the Brownfield Plan will be presented to the Brownfield Redevelopment Authority for approval, then to the City Commission for a public hearing. 4) If approved by the Muskegon City Commission, the Brownfield Plan will be amended to include the project. 5) If eligible activities are identified and approved for reimbursement through tax increment financing, it will be necessary for the developer/business to pay the initial costs for MDEQ “eligible activities” and/or MSF eligible activities. Public infrastructure improvements may have alternative financing mechanisms. Act 381 also authorizes bonding; this is entirely subject to consideration and approval by the City. The financing and reimbursement of “eligible activities” through the Brownfield Plan amendment will be addressed in a Development and Reimbursement Agreement between the City and the Developer/Business. Fees There is an administrative fee for inclusion in the City of Muskegon Brownfield Plan. These costs include staff time to review and evaluate the proposed Plan Amendment and Development and Reimbursement Agreement, coordination between the developer/business, consultants, and city preparation of and mailing of notices, etc. The fee for inclusion in the Brownfield Plan is $5,000 Process for Adoption of Brownfield Plan Amendment I. Potential Brownfield Plan Amendment Applicant contacts the City of Muskegon Department of Planning and Economic Development regarding the City’s interest in helping to facilitate the proposed brownfield redevelopment project. If the project is located in the City of Muskegon, and is a “facility” (as defined in Part 201 of the Natural Resources and Environmental Protection Act, Act 451, Public Acts of Michigan, 1994, as amended), or is “functionally obsolete” or “blighted”, as defined by the Brownfield Redevelopment Financing Act, Act 318 of 1996, as amended, and it appears that the proposed project is consistent with the City’s Master Land Use plan and any associated plan, the developer/business will coordinate with planning staff and/or the City Brownfield Consultant. 2 Page 10 of 288 March ‘17 II. The applicant works with the City of Muskegon staff/ Brownfield Consultant and evaluates whether inclusion in the Brownfield Plan is appropriate and beneficial to the proposed development project. If it is, the applicant prepares and submits a Brownfield Plan Application, (see Fees above). The Plan Amendment is required to be completed by the applicant and/or their consultant/attorney. III. The Applicant works with the City Planning & Economic Development Staff/Brownfield consultant to refine/ modify the Plan Amendment as necessary IV. The City schedules a Brownfield Redevelopment Authority (BRA) Meeting. The Brownfield Redevelopment Authority considers a resolution approving the Brownfield Plan Amendment and, if approved, recommends approval to the City Commission. V. The Developer/business prepares and submits a Development and Reimbursement Agreement to the City. This is reviewed and negotiated. When finalized, it is presented to the BRA for approval and forwarded to the City Commission for approval. VI. The City Commission adopts a resolution providing notice to taxing jurisdictions and applicable State Agencies (MDEA and/or MSF) setting a public hearing (the City Commission meets on the second and fourth Tuesday of each month, agenda items must be prepared by the Tuesday prior to City Commission meeting). VII. The City posts a notice of the public hearing. Not less than 10 days prior to the public hearing. The City sends notice of the public hearing to the legislative body of each taxing unit levying taxes subject to capture, as well as the MDEQ for plans including eligible environmental response activities and to the Michigan Strategic Fund (MSF) for plans including eligible non-environmental costs, not less than 10 days prior to the public hearing. The City Commission holds a public hearing on the adoption of the resolution approving the Brownfield Plan (not less than 10 days after sending notice of the proposed Brownfield Plan Amendment to the taxing jurisdictions). VIII. If the City Commission approves the Brownfield Plan Amendment, the Developer/Business develops an Act 381 work plan for the “eligible activities”. The Brownfield Authority submits the Act 381 to the appropriate state agency (MDEQ for eligible environmental response activities, MSF for Demolition, Public Infrastructure Improvements, Site Preparation, Lead and Asbestos Abatement) for review and approval. IX. The City of Muskegon will notify the County Assessor of the Plan Amendment. 3 Page 11 of 288 March ‘17 City of Muskegon Brownfield Redevelopment Authority Application for Inclusion in the Muskegon Brownfield Plan This application requests information that may be utilized to amend the “City of Muskegon Brownfield Redevelopment Authority Brownfield Plan”, as originally approved by the City Commission of the City of Muskegon on April 14, 1998. Please complete the information requested below and return to the Planning Department, City of Muskegon. In order to process the application, a fee of $5,000 is required. Applicant Information Company Name (Developer/Business): 351 Phase II LLC Contact Person and Title: Josh Canale, Manager Contact Person Mailing Address: 351 W. Western Ave., Apt. 2C Muskegon, Michigan 49440 Contact Person’s Phone Number: (312) 451-6629 Fax No. josh@greatlakesdevgroup.com Contact Person’s E-Mail Address: Project Information Location of Eligible Property: Corner of W. Western Ave and 2nd Street in downtown Muskegon Legal Description/Parcel Number: See Exhibit A. Property Ownership: Owned under Land Contract. Current Use of Property: Part of the Property is improved with Phase I building with the balance for Phase II being vacant. Type of Brownfield Amendment Requesting: (Please check all that apply:) Tax Increment Financing for Eligible Activities X __________ Is the proposed site a “facility” (as defined by Part 201)? No (Please provide a copy of the executive summary of any environmental reports available, such as a Phase I or II Environmental Site Assessment, or Baseline Environmental Assessment.) Is the applicant’s property “blighted” (as defined by P.A. 381 of 1996)? No (Please provide supporting information.) Is the applicant’s property “functionally obsolete” (as defined by P.A. 381 of 1996)? No (Please provide supporting information.) 4 Page 12 of 288 CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY BROWNFIELD PLAN AMENDMENT 351 PHASE II REDEVELOPMENT PROJECT March 6, 2025 Original Plan Approved by the Board of the City of Muskegon Brownfield Redevelopment Authority on February 23, 1998, as amended, including this Amendment on ________. Original Plan Approved by the City Commission of the City of Muskegon on April 14, 1998, as amended, including this Amendment on ___________. Page 13 of 288 City of Muskegon Brownfield Plan Amendment 351 Phase II Redevelopment Project CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY BROWNFIELD PLAN INDEX Page I. INTRODUCTION 1 II. GENERAL PROVISIONS 1 A. Costs of the Brownfield Plan 1 B. Maximum Amount of Indebtedness 2 C. Duration of the Brownfield Plan 2 D. Displacement/Relocation of Individuals on Eligible Properties 2 E. Local Site Remediation Revolving Fund 2 III. SITE SPECIFIC PROVISIONS 3 A. Kirksey/Anaconda Property (Approved 4/14/98) B. Dilesco Corporation Property (Approved 8/11/98) C. Beacon Recycling (Approved 7/11/00) D. Verplank Dock Company (Approved 5/27/03) E. Gillespie Development Property (Approved 8/12/03)) F. Loft Properties, LLC Property (Approved 8/12/03) G. Parmenter O’Toole Property (Approved 8/12/03) H. “The WaterMark” Project (Approved 5/25/04) I. Northern Machine Tool (Approved July 13, 2004) J. Terrace Lots Office Building (Approved July 13, 2004) K. Art Works Apartments (Approved July 27, 2004) L. Former Muskegon Mall (Approved October 12, 2004) M. Vida Nova at Edison Landing (Approved 10/10/06) N. Western Ave. Properties LLC and Port City Development Services, LLC (Approved 10/10/06) O. Viridian Place at Edison Landing (Approved 10/24/06) P. Hot Rod Harley (Approved March 27, 07) Q. Sidock Building Project (Approved June 12, 07) R. Heritage Square Town Homes (Approved 1/8/08) S. Betten Auto Dealerships (Approved 5/13/08) T. Parkland Muskegon Mixed Use Project (Approved 6/24/08) U. Terrace Point Landing Redevelopment Project (Approved 5/14/13) (Amended ________) V. P&G Holdings NY, LLC (Approved 1/10/17) W. XXXXXXXXXX ii 3/7/2025 Page 14 of 288 City of Muskegon Brownfield Plan Amendment 351 Phase II Redevelopment Project I. INTRODUCTION In order to promote the revitalization of commercial, industrial, and residential properties within the boundaries of the City of Muskegon (the “City”), the City established the City of Muskegon Brownfield Redevelopment Authority (the “Authority”) pursuant to the Brownfield Redevelopment Financing Act, P.A. 381 of 1996, as amended (“Act 381”), and a resolution adopted by the Muskegon City Commission on February 10, 1998. Terms defined in Act 381 and applicable sections of the statute are noted in italics throughout this document. The major purpose of this Brownfield Plan (“Plan”) was to promote the redevelopment of eligible properties within the City that are impacted by the presence of hazardous substances in concentrations that exceed Michigan’s Part 201 Generic Cleanup Criteria (“facilities”) or that have been determined to be Functionally Obsolete, Blighted, Historic Resources, or Housing Property. Inclusion of property within this Plan can facilitate financing of environmental response activities, infrastructure improvements, demolition, lead or asbestos abatement, and site preparation activities, and housing development activities at eligible properties; and may also provide other incentives to eligible taxpayers willing to invest in revitalization of eligible properties. By facilitating redevelopment of underutilized eligible properties, the Plan is intended to promote economic growth for the benefit of the residents of the City and all taxing units located within and benefited by the Authority. This Plan is intended to be a living document, which can be amended as necessary to achieve the purposes of Act 381. It is specifically anticipated that properties will be continually added to the Plan as new projects are identified. The Plan contains general provisions applicable to the Plan, as well as property-specific information for each project. The applicable Sections of Act 381 are noted throughout the Plan for reference purposes. This Brownfield Plan contains the information required by Section 13(2) of Act 381, as amended. Additional information is available from the Muskegon City Manager or the Director of Planning and Economic Development. II. GENERAL PROVISIONS A. Costs of the Brownfield Plan (Section 13(2)(a)) Any site-specific costs of implementing the Plan are described in the site-specific section of the Plan. Site-specific sources of funding may include tax increment financing revenue generated from new development on eligible brownfield properties, state and federal grant or loan funds, and/or private parties. Where private parties finance the costs of eligible activities under the Plan, tax increment revenues may be used to reimburse the private parties. The initial costs related to preparation of the Plan were funded by the City's general fund. Subsequent amendments to the Plan may be funded by the person requesting 1 3/7/2025 Page 15 of 288 City of Muskegon Brownfield Plan Amendment 351 Phase II Redevelopment Project inclusion of a project in the Plan, and if eligible, may be reimbursed through tax increment financing. The Authority intends to pay for administrative costs and all of the things necessary or convenient to achieve the objectives and purposes of the Authority with fees charged to applicants to be included in the Plan and any eligible tax increment revenues collected pursuant to the Plan, in accordance with the provisions of Act 381, including, but not limited to: i) the cost of financial tracking and auditing the funds of the Authority, ii) costs for amending and/or updating the Plan, including legal fees, and iii) costs for Plan implementation Tax increment revenues that may be generated and captured by this Plan are identified in the site-specific sections of this Plan. B. Summary of the Eligible Activities Proposed for Eligible Property (Section 13(2)(b)) The site-specific sections of the Plan will outline the eligible activities proposed for each eligible property. Site-specific eligible activities may include any eligible activity allowed under Act 381. C. Estimate of the Captured Taxable Value and Tax Increment Revenues for Each Year of the Plan from Eligible Property (Section 13(2)(c)) The site-specific sections of the Plan will outline the estimated captured taxable value and tax increment revenues for each year generated from the eligible property. Capture may include the use of part or all of the captured taxable value, including deposits into the local brownfield revolving fund. Capture will be allowed to the extent authorized under Act 381. D. Method for Financing Costs of Plan and Bonded Indebtedness (Section 13(2)(d) and (e)) The City or Authority may incur some debt on a site-specific basis. Please refer to the site-specific section of the Plan for details on any debt to be incurred by the City or Authority. When a property proposed for inclusion in the Plan is in an area where tax increment financing is a viable option, the Authority intends to enter into Development and Reimbursement Agreement with the property owners/developers of properties included in the Plan to reimburse them for the costs of eligible activities undertaken pursuant to the Plan. Financing arrangements will be specified in the Development and Reimbursement Agreement, and also identified in the site-specific section of the Plan. 2 3/7/2025 Page 16 of 288 City of Muskegon Brownfield Plan Amendment 351 Phase II Redevelopment Project E. Proposed Beginning Date and Duration of the Brownfield Plan (Section 13(2)(f)) The Plan, as it applies to a site-specific eligible property, shall be effective up to five (5) years after the year in which the total amount of any tax increment revenue captured is equal to the total costs of eligible activities attributable to the specific eligible property, or thirty (30) years from the date of first tax capture under the Plan as it relates to an individual site, whichever is less. The total costs of eligible activities include the cost of principal and interest on any note or obligation issued by the Authority to pay for the costs of eligible activities, the reasonable costs of a Work Plan, the actual costs of the Michigan Department of Environment, Great Lakes and Energy, Michigan Strategic Fund, or Michigan State Housing Development Authority’s review of the work plan, and implementation of the eligible activities. F. Estimate of Future Tax Revenues of all Taxing Jurisdictions (Section 13(2)(g)) The site-specific sections of the Plan will outline the future tax revenues of all taxing jurisdictions with the inclusion of a tax increment financing table highlighted the projected revenues in accordance with Act 381. G. Legal Description of the Eligible Property (Section 13(2)(h)) The site-specific sections of the Plan will outline the eligible property included in the Plan in accordance with Act 381. H. Displacement/Relocation of Individuals on Eligible Properties (Section 13(2)(i),(j)(k)(l)) The site-specific section of the Plan will address these criteria if they are present at the time of amendment consideration to the Plan. I. Local Brownfield Revolving Fund (Section 8; Section 13(5)(b)) Whenever the Plan includes a property for which taxes will be captured through Tax Increment Financing (“TIF”) provided by Act 381, it is the Authority's intent to establish a Local Brownfield Revolving Fund ("Fund") and deposit funds into the Fund. The Fund will consist of tax increment revenues that exceed the costs of eligible activities incurred on an eligible property, as specified in Section 13(5) of Act 381. Section 13(5) authorizes the capture of TIF from an eligible property for up to 5 years after the time that capture is required for the purposes of reimbursing the costs of eligible activities identified in the Plan. It is the intention of the Authority to continue to capture tax increment revenues for up to 5 years 3 3/7/2025 Page 17 of 288 City of Muskegon Brownfield Plan Amendment 351 Phase II Redevelopment Project after eligible activities are funded from those properties identified for tax capture in the Plan, provided that the time frame allowed by Act 381 for tax capture is sufficient to accommodate capture to capitalize a Fund. The amount of school operating taxes captured for the Fund will be limited to the amount of school operating taxes captured for eligible department specific activities under the Plan. It may also include funds appropriated or otherwise made available from public or private sources. The Fund may be used to reimburse the Authority, the City, and private parties for the costs of eligible activities at eligible properties and other costs as permitted by Act 381. It may also be used for eligible activities on eligible property for which there is no ability to capture tax increment revenues. The establishment of the Fund will provide additional flexibility to the Authority in facilitating redevelopment of brownfield properties by providing another source of financing for necessary eligible activities. III. SITE SPECIFIC PROVISIONS XX. 351 PHASE II REDEVELOPMENT PROJECT 1. Eligibility and Project Description(Sec. 13(2)(h)) Project Description The eligible property comprising the 351 Phase II Redevelopment Project included in this Plan is approximately 0.5 acres of partially improved and vacant land located at the corner of W. Western Ave. and 2nd Street in downtown Muskegon, Michigan (see Attachment A-1). The parcel numbers/legal description of the eligible property are: Parcel #61-24-233-000-0007-01; Legal description as follows: CITY OF MUSKEGON DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO 1 A SITE CONDOMINIUM UNIT 7A Parcel #61-24-233-000-0007-02; Legal description as follows: CITY OF MUSKEGON DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO 1 A SITE CONDOMINIUM UNIT 7B Parcel #61-24-233-000-0007-03; Legal description as follows: CITY OF MUSKEGON DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO 1 A SITE CONDOMINIUM UNIT 7C The eligible property includes all real and new taxable personal property. 4 3/7/2025 Page 18 of 288 City of Muskegon Brownfield Plan Amendment 351 Phase II Redevelopment Project 351 Phase II, LLC (the “Developer”) will redevelop two of the remaining vacant parcels of the former Muskegon Mall property located at the corner of W. Western Ave. and 2nd Street in downtown Muskegon (the “Property”) into a mixed-use project with residential and first-floor retail space (the “Project”). The Project will include department specific activities (i.e. baseline environmental assessment activities) and housing development activities to support development of a new mixed-use development at the Property. The Project involves the construction of a new five (5) story mixed-use addition to the original Lake View Lofts project and includes a mix of studio and one- bedroom units with approximately 3,112 square feet of first floor retail space with residential units above located at the corner of W. Western Ave. and 2nd Street. In total, the Project will include sixty-four (64) new residential units (adding to the existing twenty (20) units for a total of 84 units), consisting of forty-one (41) studios and twenty-three (23) one-bedroom units. The Developer is seeking to utilize the new Housing TIF program and intends to designate fifty percent (50%) of the new units (32 units) for tenants earning 120% area median income or less for a period of thirty (30) years. The Project will facilitate the development of housing projected to be rented to households earning 120% of the area median income or less, of which there is a demand for 698 units by 2027 as identified by the City of Muskegon Housing Needs Assessment, linked below: https://muskegon-mi.gov/cresources/Muskegon-Housing-Needs-Assessment-23- 27.pdf The Project is expected to include construction of new covered parking that will support the housing. The Project is expected to commence in summer/fall 2025 and be completed over a 15-month construction period. Total capital investment is estimated at approximately $27.7 million. A proposed site plan is included in Attachment A-2. Eligible Activities, Financing, Cost of Plan (Sec. 13(2) (a),(b),(c),(d),(e),(g)) Developer will seek tax increment financing (“TIF”) from available local taxes and state school taxes, as applicable, for eligible activities conducted on the Property, including department specific activities (i.e. baseline environmental assessment activities) and housing development activities. The chart below presents estimated costs of the eligible activities for the Project that qualify for TIF reimbursement. Eligible Activities Baseline Environmental Assessment Activities $ 33,000 Housing Development Activities - Infrastructure Improvements $ 860,000 - Site Preparation $ 75,000 - Potential Rent Loss $ 5,542,560 5 3/7/2025 Page 19 of 288 City of Muskegon Brownfield Plan Amendment 351 Phase II Redevelopment Project Sub-total $ 6,510,560 Brownfield Plan/Work Plan Preparation and Development $ 30,000 Total Eligible Activities to be paid for under this Plan $ 6,540,560 The eligible activities described above will occur on the Property and are further described as follows: 1. Department Specific Activities. Costs associated with due diligence for acquisition of the Property, including Phase I & II Environmental Site Assessment preparation costs. 2. Housing Development Activities. Housing development activities include financing gap support (i.e. potential rent loss) that supports delivery of attainable housing, site preparation to support housing property, and infrastructure improvements to support housing property. See Attachment A-4 for Housing Subsidy Calculation. 3. Brownfield/Work Plan Preparation and Development: Costs incurred to prepare and develop this brownfield plan and a work plan, as required per Act 381 of 1996, as amended. An estimate of the captured taxable value and future tax increment revenues, which includes the impact on the taxing jurisdictions, is attached as Attachment A-3. The cost to conduct the Project eligible activities included in this Plan will be initially provided by 351 Phase II, LLC and they will seek reimbursement for eligible activities through tax increment financing from local and state taxes. The Downtown Development Authority Tax Increment Financing Plan (“DDA TIF Plan”) has priority for capture of incremental property tax capture from the Property. The Project has requested support from the DDA to waive its capture so the Authority may capture 100% of the available captured taxable value from the Property to reimburse the developer for eligible activities incurred for the Project. This Plan assumes 100% capture of the captured taxable value generated from the Project. No advances via bond or notes will be made from the City for this Plan. Basis of Eligibility: The Property is considered “Housing Property” under Act 381. Therefore, the Property is considered "Eligible Property" under Act 381 of 1996, as amended. 6 3/7/2025 Page 20 of 288 City of Muskegon Brownfield Plan Amendment 351 Phase II Redevelopment Project Effective Date of Inclusion in Brownfield Plan and Duration of Capture (Sec. 13(2)(f) and Sec. 13b(16) The 351 Phase II Redevelopment Project was added to the Plan upon adoption of this Plan Amendment by the City of Muskegon City Commission. The proposed beginning date and duration of capture will commence in 2027 and reimbursement will continue until the earlier of full reimbursement or through taxes captured from the 2056 tax year, plus up to five (5) years of capture for deposit into the Fund, if available. Estimates of the number of persons residing on each eligible property to which the plan applies and the number of families and individuals to be displaced. If occupied residences are designated for acquisition and clearance by the authority, the plan must include a demographic survey of the persons to be displaced, a statistical description of the housing supply in the community, including the number of private and public units in existence or under construction, the condition of those in existence, the number of owner-occupied and renter-occupied units, the annual rate of turnover of the various types of housing and the range of rents and sale prices, an estimate of the total demand for housing in the community, and the estimated capacity of private and public housing available to displaced families and individuals. (MCLA 125.2663(2)(i)) The portion of the Property the expansion will take place on is vacant and does not currently have anyone residing on it. Therefore, the Project will not result in any displacement of individuals. This Section is inapplicable as the Plan will not displace anyone. A plan for establishing priority for the relocation of persons displaced by implementation of the Plan, if applicable. (MCLA 125.2663(2)(j)) This Section is inapplicable as the Plan will not displace anyone. Provision for the costs of relocating persons displaced by implementation of the Plan, and financial assistance and other reimbursement of expenses, if any. (MCLA 125.2663(2)(k)) This Section is inapplicable as the Plan will not displace anyone. A strategy for compliance with the Michigan Relocation Assistance Act, if applicable. (MCLA 125.2663(2)(l)) This Section is inapplicable as the Plan will not displace anyone. 7 3/7/2025 Page 21 of 288 City of Muskegon Brownfield Plan Amendment 351 Phase II Redevelopment Project Other material that the Authority or the City Council considers pertinent. (MCLA 125.2663(2)(m)) The Project will provide new much-needed attainable and market rate housing, as well as providing long-term increased property tax base to the City of Muskegon. The Project will redevelop two vacant parcels in downtown Muskegon at the site of the former Muskegon Mall. 8 3/7/2025 Page 22 of 288 City of Muskegon Brownfield Plan Amendment 351 Phase II Redevelopment Project ATTACHMENT A-1 SITE MAP 9 3/7/2025 Page 23 of 288 Page 24 of 288 City of Muskegon Brownfield Plan Amendment 351 Phase II Redevelopment Project ATTACHMENT A-2 PROPOSED SITE PLAN 10 3/7/2025 Page 25 of 288 Page 26 of 288 City of Muskegon Brownfield Plan Amendment 351 Phase II Redevelopment Project ATTACHMENT A-3 TAX INCREMENT FINANCING TABLE 11 3/7/2025 Page 27 of 288 Tax Increment Revenue Capture Estimates - Commercial (Phase I) Lake View Lofts Muskegon, Michigan March 6, 2025 Estimated Taxable Value (TV) Increase Rate: 2% per year Commercial Facilities Exemption Plan Year 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Calendar Year 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 Base Taxable Value $ 352,200 $ 352,200 $ 352,200 $ 352,200 $ 352,200 $ 352,200 $ 352,200 $ 352,200 $ 352,200 $ 352,200 $ 352,200 $ 352,200 $ 352,200 $ 352,200 $ 352,200 $ 352,200 $ 352,200 $ 352,200 $ 352,200 Estimated New TV $ 352,200 $ 352,200 $ 359,244 $ 366,429 $ 373,757 $ 381,233 $ 388,857 $ 396,634 $ 404,567 $ 412,658 $ 420,912 $ 429,330 $ 437,916 $ 446,675 $ 455,608 $ 464,720 $ 474,015 $ 483,495 $ 493,165 Incremental Difference (New TV - Base TV) $ - $ - $ 7,044 $ 14,229 $ 21,557 $ 29,033 $ 36,657 $ 44,434 $ 52,367 $ 60,458 $ 68,712 $ 77,130 $ 85,716 $ 94,475 $ 103,408 $ 112,520 $ 121,815 $ 131,295 $ 140,965 School Capture Millage Rate State Education Tax (SET) 6.0000 $ - $ - $ 42 $ 85 $ 129 $ 174 $ 220 $ 267 $ 314 $ 363 $ 412 $ 463 $ 514 $ 567 $ 620 $ 675 $ 731 $ 788 $ 846 School Operating Tax 18.0000 $ - $ - $ 127 $ 256 $ 388 $ 523 $ 660 $ 800 $ 943 $ 1,088 $ 1,237 $ 1,388 $ 1,543 $ 1,701 $ 1,861 $ 2,025 $ 2,193 $ 2,363 $ 2,537 School Total 24.0000 $ - $ - $ 169 $ 341 $ 517 $ 697 $ 880 $ 1,066 $ 1,257 $ 1,451 $ 1,649 $ 1,851 $ 2,057 $ 2,267 $ 2,482 $ 2,700 $ 2,924 $ 3,151 $ 3,383 Local Capture Millage Rate County Operating 5.6097 $ - $ - $ 40 $ 80 $ 121 $ 163 $ 206 $ 249 $ 294 $ 339 $ 385 $ 433 $ 481 $ 530 $ 580 $ 631 $ 683 $ 737 $ 791 City Operating 9.8554 $ - $ - $ 69 $ 140 $ 212 $ 286 $ 361 $ 438 $ 516 $ 596 $ 677 $ 760 $ 845 $ 931 $ 1,019 $ 1,109 $ 1,201 $ 1,294 $ 1,389 City Sanitation 2.9364 $ - $ - $ 21 $ 42 $ 63 $ 85 $ 108 $ 130 $ 154 $ 178 $ 202 $ 226 $ 252 $ 277 $ 304 $ 330 $ 358 $ 386 $ 414 Hackley Library 2.3516 $ - $ - $ 17 $ 33 $ 51 $ 68 $ 86 $ 104 $ 123 $ 142 $ 162 $ 181 $ 202 $ 222 $ 243 $ 265 $ 286 $ 309 $ 331 County Veterans 0.0739 $ - $ - $ 1 $ 1 $ 2 $ 2 $ 3 $ 3 $ 4 $ 4 $ 5 $ 6 $ 6 $ 7 $ 8 $ 8 $ 9 $ 10 $ 10 Senior Citizens Svc 0.4921 $ - $ - $ 3 $ 7 $ 11 $ 14 $ 18 $ 22 $ 26 $ 30 $ 34 $ 38 $ 42 $ 46 $ 51 $ 55 $ 60 $ 65 $ 69 Central Dispatch 0.2952 $ - $ - $ 2 $ 4 $ 6 $ 9 $ 11 $ 13 $ 15 $ 18 $ 20 $ 23 $ 25 $ 28 $ 31 $ 33 $ 36 $ 39 $ 42 Comm College 2.1693 $ - $ - $ 15 $ 31 $ 47 $ 63 $ 80 $ 96 $ 114 $ 131 $ 149 $ 167 $ 186 $ 205 $ 224 $ 244 $ 264 $ 285 $ 306 MAISD 4.6773 $ - $ - $ 33 $ 67 $ 101 $ 136 $ 171 $ 208 $ 245 $ 283 $ 321 $ 361 $ 401 $ 442 $ 484 $ 526 $ 570 $ 614 $ 659 City Museum 0.3169 $ - $ - $ 2 $ 5 $ 7 $ 9 $ 12 $ 14 $ 17 $ 19 $ 22 $ 24 $ 27 $ 30 $ 33 $ 36 $ 39 $ 42 $ 45 Local Total 28.7778 $ - $ - $ 203 $ 409 $ 620 $ 835 $ 1,055 $ 1,279 $ 1,507 $ 1,740 $ 1,977 $ 2,220 $ 2,467 $ 2,719 $ 2,976 $ 3,238 $ 3,506 $ 3,778 $ 4,057 Non-Capturable Millages Millage Rate Hackley Debt 0.4999 $ - $ - $ 4 $ 7 $ 11 $ 15 $ 18 $ 22 $ 26 $ 30 $ 34 $ 39 $ 43 $ 47 $ 52 $ 56 $ 61 $ 66 $ 70 MPS Debt 2020 0.0500 $ - $ - $ 0 $ 1 $ 1 $ 1 $ 2 $ 2 $ 3 $ 3 $ 3 $ 4 $ 4 $ 5 $ 5 $ 6 $ 6 $ 7 $ 7 MPS Debt 2021 7.7000 $ - $ - $ 54 $ 110 $ 166 $ 224 $ 282 $ 342 $ 403 $ 466 $ 529 $ 594 $ 660 $ 727 $ 796 $ 866 $ 938 $ 1,011 $ 1,085 Comm College Debt 0.2700 $ - $ - $ 2 $ 4 $ 6 $ 8 $ 10 $ 12 $ 14 $ 16 $ 19 $ 21 $ 23 $ 26 $ 28 $ 30 $ 33 $ 35 $ 38 MPS Sinking Fund 0.9712 $ - $ - $ 7 $ 14 $ 21 $ 28 $ 36 $ 43 $ 51 $ 59 $ 67 $ 75 $ 83 $ 92 $ 100 $ 109 $ 118 $ 128 $ 137 Total Non-Capturable Taxes 9.4911 $ - $ - $ 67 $ 135 $ 205 $ 276 $ 348 $ 422 $ 497 $ 574 $ 652 $ 732 $ 814 $ 897 $ 981 $ 1,068 $ 1,156 $ 1,246 $ 1,338 Total Tax Increment Revenue (TIR) Available for Capture $ - $ - $ 372 $ 751 $ 1,138 $ 1,532 $ 1,935 $ 2,345 $ 2,764 $ 3,191 $ 3,626 $ 4,071 $ 4,524 $ 4,986 $ 5,458 $ 5,939 $ 6,429 $ 6,929 $ 7,440 Footnotes: Assumes millages rates remain the same Page 28 of 288 Tax Increment Revenue Capture Estimates - Commercial (Phase I) Lake View Lofts Muskegon, Michigan March 6, 2025 Estimated Taxable Value (TV) Increase Rate: Plan Year 19 20 21 22 23 24 25 26 27 28 29 30 31 TOTAL Calendar Year 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 Base Taxable Value $ 352,200 $ 352,200 $ 352,200 $ 352,200 $ 352,200 $ 352,200 $ 352,200 $ 352,200 $ 352,200 $ 352,200 $ 352,200 $ 352,200 $ 352,200 $ 352,200 Estimated New TV $ 503,028 $ 513,089 $ 523,351 $ 533,818 $ 544,494 $ 555,384 $ 566,492 $ 577,821 $ 589,378 $ 601,165 $ 613,189 $ 625,452 $ 637,962 $ 637,962 Incremental Difference (New TV - Base TV) $ 150,828 $ 160,889 $ 171,151 $ 181,618 $ 192,294 $ 203,184 $ 214,292 $ 225,621 $ 237,178 $ 248,965 $ 260,989 $ 273,252 $ 285,762 $ 285,762 School Capture Millage Rate State Education Tax (SET) 6.0000 $ 905 $ 965 $ 1,027 $ 1,090 $ 1,154 $ 1,219 $ 1,286 $ 1,354 $ 1,423 $ 1,494 $ 1,566 $ 1,640 $ 1,715 $ 24,047 School Operating Tax 18.0000 $ 2,715 $ 2,896 $ 3,081 $ 3,269 $ 3,461 $ 3,657 $ 3,857 $ 4,061 $ 4,269 $ 4,481 $ 4,698 $ 4,919 $ 5,144 $ 72,141 School Total 24.0000 $ 3,620 $ 3,861 $ 4,108 $ 4,359 $ 4,615 $ 4,876 $ 5,143 $ 5,415 $ 5,692 $ 5,975 $ 6,264 $ 6,558 $ 6,858 $ 96,188 Local Capture Millage Rate County Operating 5.6097 $ 846 $ 903 $ 960 $ 1,019 $ 1,079 $ 1,140 $ 1,202 $ 1,266 $ 1,330 $ 1,397 $ 1,464 $ 1,533 $ 1,603 $ 22,483 City Operating 9.8554 $ 1,486 $ 1,586 $ 1,687 $ 1,790 $ 1,895 $ 2,002 $ 2,112 $ 2,224 $ 2,337 $ 2,454 $ 2,572 $ 2,693 $ 2,816 $ 39,499 City Sanitation 2.9364 $ 443 $ 472 $ 503 $ 533 $ 565 $ 597 $ 629 $ 663 $ 696 $ 731 $ 766 $ 802 $ 839 $ 11,769 Hackley Library 2.3516 $ 355 $ 378 $ 402 $ 427 $ 452 $ 478 $ 504 $ 531 $ 558 $ 585 $ 614 $ 643 $ 672 $ 9,425 County Veterans 0.0739 $ 11 $ 12 $ 13 $ 13 $ 14 $ 15 $ 16 $ 17 $ 18 $ 18 $ 19 $ 20 $ 21 $ 296 Senior Citizens Svc 0.4921 $ 74 $ 79 $ 84 $ 89 $ 95 $ 100 $ 105 $ 111 $ 117 $ 123 $ 128 $ 134 $ 141 $ 1,972 Central Dispatch 0.2952 $ 45 $ 47 $ 51 $ 54 $ 57 $ 60 $ 63 $ 67 $ 70 $ 73 $ 77 $ 81 $ 84 $ 1,183 Comm College 2.1693 $ 327 $ 349 $ 371 $ 394 $ 417 $ 441 $ 465 $ 489 $ 515 $ 540 $ 566 $ 593 $ 620 $ 8,694 MAISD 4.6773 $ 705 $ 753 $ 801 $ 849 $ 899 $ 950 $ 1,002 $ 1,055 $ 1,109 $ 1,164 $ 1,221 $ 1,278 $ 1,337 $ 18,746 City Museum 0.3169 $ 48 $ 51 $ 54 $ 58 $ 61 $ 64 $ 68 $ 71 $ 75 $ 79 $ 83 $ 87 $ 91 $ 1,270 Local Total 28.7778 $ 4,341 $ 4,630 $ 4,925 $ 5,227 $ 5,534 $ 5,847 $ 6,167 $ 6,493 $ 6,825 $ 7,165 $ 7,511 $ 7,864 $ 8,224 $ 115,337 Non-Capturable Millages Millage Rate Hackley Debt 0.4999 $ 75 $ 80 $ 86 $ 91 $ 96 $ 102 $ 107 $ 113 $ 119 $ 124 $ 130 $ 137 $ 143 $ 2,004 MPS Debt 2020 0.0500 $ 8 $ 8 $ 9 $ 9 $ 10 $ 10 $ 11 $ 11 $ 12 $ 12 $ 13 $ 14 $ 14 $ 200 MPS Debt 2021 7.7000 $ 1,161 $ 1,239 $ 1,318 $ 1,398 $ 1,481 $ 1,565 $ 1,650 $ 1,737 $ 1,826 $ 1,917 $ 2,010 $ 2,104 $ 2,200 $ 30,860 Comm College Debt 0.2700 $ 41 $ 43 $ 46 $ 49 $ 52 $ 55 $ 58 $ 61 $ 64 $ 67 $ 70 $ 74 $ 77 $ 1,082 MPS Sinking Fund 0.9712 $ 146 $ 156 $ 166 $ 176 $ 187 $ 197 $ 208 $ 219 $ 230 $ 242 $ 253 $ 265 $ 278 $ 3,892 Total Non-Capturable Taxes 9.4911 $ 1,432 $ 1,527 $ 1,624 $ 1,724 $ 1,825 $ 1,928 $ 2,034 $ 2,141 $ 2,251 $ 2,363 $ 2,477 $ 2,593 $ 2,712 $ 38,039 Total Tax Increment Revenue (TIR) Available for Capture $ 7,960 $ 8,491 $ 9,033 $ 9,585 $ 10,149 $ 10,724 $ 11,310 $ 11,908 $ 12,518 $ 13,140 $ 13,774 $ 14,422 $ 15,082 $ 211,525 Footnotes: Assumes millages rates remain the same Page 29 of 288 Tax Increment Revenue Capture Estimates - Commercial (Phase II) Lake View Lofts Muskegon, Michigan March 6, 2025 Estimated Taxable Value (TV) Increase Rate: 2% per year Plan Year 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Calendar Year 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 Base Taxable Value $ 12,965 $ 12,965 $ 12,965 $ 12,965 $ 12,965 $ 12,965 $ 12,965 $ 12,965 $ 12,965 $ 12,965 $ 12,965 $ 12,965 $ 12,965 $ 12,965 $ 12,965 $ 12,965 $ 12,965 $ 12,965 $ 12,965 Estimated New TV $ 12,965 $ 12,965 $ 328,020 $ 334,580 $ 341,272 $ 348,097 $ 355,059 $ 362,161 $ 369,404 $ 376,792 $ 384,328 $ 392,014 $ 399,855 $ 407,852 $ 416,009 $ 424,329 $ 432,815 $ 441,472 $ 450,301 Incremental Difference (New TV - Base TV) $ - $ - $ 315,055 $ 321,615 $ 328,307 $ 335,132 $ 342,094 $ 349,196 $ 356,439 $ 363,827 $ 371,363 $ 379,049 $ 386,890 $ 394,887 $ 403,044 $ 411,364 $ 419,850 $ 428,507 $ 437,336 School Capture Millage Rate State Education Tax (SET) 6.0000 $ - $ - $ 1,890 $ 1,930 $ 1,970 $ 2,011 $ 2,053 $ 2,095 $ 2,139 $ 2,183 $ 2,228 $ 2,274 $ 2,321 $ 2,369 $ 2,418 $ 2,468 $ 2,519 $ 2,571 $ 2,624 School Operating Tax 18.0000 $ - $ - $ 5,671 $ 5,789 $ 5,910 $ 6,032 $ 6,158 $ 6,286 $ 6,416 $ 6,549 $ 6,685 $ 6,823 $ 6,964 $ 7,108 $ 7,255 $ 7,405 $ 7,557 $ 7,713 $ 7,872 School Total 24.0000 $ - $ - $ 7,561 $ 7,719 $ 7,879 $ 8,043 $ 8,210 $ 8,381 $ 8,555 $ 8,732 $ 8,913 $ 9,097 $ 9,285 $ 9,477 $ 9,673 $ 9,873 $ 10,076 $ 10,284 $ 10,496 Local Capture Millage Rate County Operating 5.6097 $ - $ - $ 1,767 $ 1,804 $ 1,842 $ 1,880 $ 1,919 $ 1,959 $ 2,000 $ 2,041 $ 2,083 $ 2,126 $ 2,170 $ 2,215 $ 2,261 $ 2,308 $ 2,355 $ 2,404 $ 2,453 City Operating 9.8554 $ - $ - $ 3,105 $ 3,170 $ 3,236 $ 3,303 $ 3,371 $ 3,441 $ 3,513 $ 3,586 $ 3,660 $ 3,736 $ 3,813 $ 3,892 $ 3,972 $ 4,054 $ 4,138 $ 4,223 $ 4,310 City Sanitation 2.9364 $ - $ - $ 925 $ 944 $ 964 $ 984 $ 1,005 $ 1,025 $ 1,047 $ 1,068 $ 1,090 $ 1,113 $ 1,136 $ 1,160 $ 1,183 $ 1,208 $ 1,233 $ 1,258 $ 1,284 Hackley Library 2.3516 $ - $ - $ 741 $ 756 $ 772 $ 788 $ 804 $ 821 $ 838 $ 856 $ 873 $ 891 $ 910 $ 929 $ 948 $ 967 $ 987 $ 1,008 $ 1,028 County Veterans 0.0739 $ - $ - $ 23 $ 24 $ 24 $ 25 $ 25 $ 26 $ 26 $ 27 $ 27 $ 28 $ 29 $ 29 $ 30 $ 30 $ 31 $ 32 $ 32 Senior Citizens Svc 0.4921 $ - $ - $ 155 $ 158 $ 162 $ 165 $ 168 $ 172 $ 175 $ 179 $ 183 $ 187 $ 190 $ 194 $ 198 $ 202 $ 207 $ 211 $ 215 Central Dispatch 0.2952 $ - $ - $ 93 $ 95 $ 97 $ 99 $ 101 $ 103 $ 105 $ 107 $ 110 $ 112 $ 114 $ 117 $ 119 $ 121 $ 124 $ 126 $ 129 Comm College 2.1693 $ - $ - $ 683 $ 698 $ 712 $ 727 $ 742 $ 758 $ 773 $ 789 $ 806 $ 822 $ 839 $ 857 $ 874 $ 892 $ 911 $ 930 $ 949 MAISD 4.6773 $ - $ - $ 1,474 $ 1,504 $ 1,536 $ 1,568 $ 1,600 $ 1,633 $ 1,667 $ 1,702 $ 1,737 $ 1,773 $ 1,810 $ 1,847 $ 1,885 $ 1,924 $ 1,964 $ 2,004 $ 2,046 City Museum 0.3169 $ - $ - $ 100 $ 102 $ 104 $ 106 $ 108 $ 111 $ 113 $ 115 $ 118 $ 120 $ 123 $ 125 $ 128 $ 130 $ 133 $ 136 $ 139 Local Total 28.7778 $ - $ - $ 9,067 $ 9,255 $ 9,448 $ 9,644 $ 9,845 $ 10,049 $ 10,258 $ 10,470 $ 10,687 $ 10,908 $ 11,134 $ 11,364 $ 11,599 $ 11,838 $ 12,082 $ 12,331 $ 12,586 Non-Capturable Millages Millage Rate Hackley Debt 0.4999 $ - $ - $ 157 $ 161 $ 164 $ 168 $ 171 $ 175 $ 178 $ 182 $ 186 $ 189 $ 193 $ 197 $ 201 $ 206 $ 210 $ 214 $ 219 MPS Debt 2020 0.0500 $ - $ - $ 16 $ 16 $ 16 $ 17 $ 17 $ 17 $ 18 $ 18 $ 19 $ 19 $ 19 $ 20 $ 20 $ 21 $ 21 $ 21 $ 22 MPS Debt 2021 7.7000 $ - $ - $ 2,426 $ 2,476 $ 2,528 $ 2,581 $ 2,634 $ 2,689 $ 2,745 $ 2,801 $ 2,859 $ 2,919 $ 2,979 $ 3,041 $ 3,103 $ 3,168 $ 3,233 $ 3,300 $ 3,367 Comm College Debt 0.2700 $ - $ - $ 85 $ 87 $ 89 $ 90 $ 92 $ 94 $ 96 $ 98 $ 100 $ 102 $ 104 $ 107 $ 109 $ 111 $ 113 $ 116 $ 118 MPS Sinking Fund 0.9712 $ - $ - $ 306 $ 312 $ 319 $ 325 $ 332 $ 339 $ 346 $ 353 $ 361 $ 368 $ 376 $ 384 $ 391 $ 400 $ 408 $ 416 $ 425 Total Non-Capturable Taxes 9.4911 $ - $ - $ 2,990 $ 3,052 $ 3,116 $ 3,181 $ 3,247 $ 3,314 $ 3,383 $ 3,453 $ 3,525 $ 3,598 $ 3,672 $ 3,748 $ 3,825 $ 3,904 $ 3,985 $ 4,067 $ 4,151 Total Tax Increment Revenue (TIR) Available for Capture $ - $ - $ 16,628 $ 16,974 $ 17,327 $ 17,688 $ 18,055 $ 18,430 $ 18,812 $ 19,202 $ 19,600 $ 20,005 $ 20,419 $ 20,841 $ 21,272 $ 21,711 $ 22,159 $ 22,616 $ 23,082 Footnotes: Assumes millages rates remain the same Page 30 of 288 Tax Increment Revenue Capture Estimates - Commercial (Phase II) Lake View Lofts Muskegon, Michigan March 6, 2025 Estimated Taxable Value (TV) Increase Rate: Plan Year 19 20 21 22 23 24 25 26 27 28 29 30 31 TOTAL Calendar Year 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 Base Taxable Value $ 12,965 $ 12,965 $ 12,965 $ 12,965 $ 12,965 $ 12,965 $ 12,965 $ 12,965 $ 12,965 $ 12,965 $ 12,965 $ 12,965 $ 12,965 $ 12,965 Estimated New TV $ 459,307 $ 468,493 $ 477,863 $ 487,420 $ 497,169 $ 507,112 $ 517,254 $ 527,600 $ 538,152 $ 548,915 $ 559,893 $ 571,091 $ 582,513 $ 582,513 Incremental Difference (New TV - Base TV) $ 446,342 $ 455,528 $ 464,898 $ 474,455 $ 484,204 $ 494,147 $ 504,289 $ 514,635 $ 525,187 $ 535,950 $ 546,928 $ 558,126 $ 569,548 $ 569,548 School Capture Millage Rate State Education Tax (SET) 6.0000 $ 2,678 $ 2,733 $ 2,789 $ 2,847 $ 2,905 $ 2,965 $ 3,026 $ 3,088 $ 3,151 $ 3,216 $ 3,282 $ 3,349 $ 3,417 $ 77,509 School Operating Tax 18.0000 $ 8,034 $ 8,200 $ 8,368 $ 8,540 $ 8,716 $ 8,895 $ 9,077 $ 9,263 $ 9,453 $ 9,647 $ 9,845 $ 10,046 $ 10,252 $ 232,527 School Total 24.0000 $ 10,712 $ 10,933 $ 11,158 $ 11,387 $ 11,621 $ 11,860 $ 12,103 $ 12,351 $ 12,604 $ 12,863 $ 13,126 $ 13,395 $ 13,669 $ 310,037 Local Capture Millage Rate County Operating 5.6097 $ 2,504 $ 2,555 $ 2,608 $ 2,662 $ 2,716 $ 2,772 $ 2,829 $ 2,887 $ 2,946 $ 3,007 $ 3,068 $ 3,131 $ 3,195 $ 72,467 City Operating 9.8554 $ 4,399 $ 4,489 $ 4,582 $ 4,676 $ 4,772 $ 4,870 $ 4,970 $ 5,072 $ 5,176 $ 5,282 $ 5,390 $ 5,501 $ 5,613 $ 127,314 City Sanitation 2.9364 $ 1,311 $ 1,338 $ 1,365 $ 1,393 $ 1,422 $ 1,451 $ 1,481 $ 1,511 $ 1,542 $ 1,574 $ 1,606 $ 1,639 $ 1,672 $ 37,933 Hackley Library 2.3516 $ 1,050 $ 1,071 $ 1,093 $ 1,116 $ 1,139 $ 1,162 $ 1,186 $ 1,210 $ 1,235 $ 1,260 $ 1,286 $ 1,312 $ 1,339 $ 30,378 County Veterans 0.0739 $ 33 $ 34 $ 34 $ 35 $ 36 $ 37 $ 37 $ 38 $ 39 $ 40 $ 40 $ 41 $ 42 $ 955 Senior Citizens Svc 0.4921 $ 220 $ 224 $ 229 $ 233 $ 238 $ 243 $ 248 $ 253 $ 258 $ 264 $ 269 $ 275 $ 280 $ 6,357 Central Dispatch 0.2952 $ 132 $ 134 $ 137 $ 140 $ 143 $ 146 $ 149 $ 152 $ 155 $ 158 $ 161 $ 165 $ 168 $ 3,813 Comm College 2.1693 $ 968 $ 988 $ 1,009 $ 1,029 $ 1,050 $ 1,072 $ 1,094 $ 1,116 $ 1,139 $ 1,163 $ 1,186 $ 1,211 $ 1,236 $ 28,023 MAISD 4.6773 $ 2,088 $ 2,131 $ 2,174 $ 2,219 $ 2,265 $ 2,311 $ 2,359 $ 2,407 $ 2,456 $ 2,507 $ 2,558 $ 2,611 $ 2,664 $ 60,422 City Museum 0.3169 $ 141 $ 144 $ 147 $ 150 $ 153 $ 157 $ 160 $ 163 $ 166 $ 170 $ 173 $ 177 $ 180 $ 4,094 Local Total 28.7778 $ 12,845 $ 13,109 $ 13,379 $ 13,654 $ 13,934 $ 14,220 $ 14,512 $ 14,810 $ 15,114 $ 15,423 $ 15,739 $ 16,062 $ 16,390 $ 371,757 Non-Capturable Millages Millage Rate Hackley Debt 0.4999 $ 223 $ 228 $ 232 $ 237 $ 242 $ 247 $ 252 $ 257 $ 263 $ 268 $ 273 $ 279 $ 285 $ 6,458 MPS Debt 2020 0.0500 $ 22 $ 23 $ 23 $ 24 $ 24 $ 25 $ 25 $ 26 $ 26 $ 27 $ 27 $ 28 $ 28 $ 646 MPS Debt 2021 7.7000 $ 3,437 $ 3,508 $ 3,580 $ 3,653 $ 3,728 $ 3,805 $ 3,883 $ 3,963 $ 4,044 $ 4,127 $ 4,211 $ 4,298 $ 4,386 $ 99,470 Comm College Debt 0.2700 $ 121 $ 123 $ 126 $ 128 $ 131 $ 133 $ 136 $ 139 $ 142 $ 145 $ 148 $ 151 $ 154 $ 3,488 MPS Sinking Fund 0.9712 $ 433 $ 442 $ 452 $ 461 $ 470 $ 480 $ 490 $ 500 $ 510 $ 521 $ 531 $ 542 $ 553 $ 12,546 Total Non-Capturable Taxes 9.4911 $ 4,236 $ 4,323 $ 4,412 $ 4,503 $ 4,596 $ 4,690 $ 4,786 $ 4,884 $ 4,985 $ 5,087 $ 5,191 $ 5,297 $ 5,406 $ 122,608 Total Tax Increment Revenue (TIR) Available for Capture $ 23,557 $ 24,042 $ 24,536 $ 25,041 $ 25,555 $ 26,080 $ 26,615 $ 27,161 $ 27,718 $ 28,286 $ 28,866 $ 29,457 $ 30,059 $ 681,794 Footnotes: Assumes millages rates remain the same Page 31 of 288 Tax Increment Revenue Capture Estimates - Residential Phase I Lake View Lofts Muskegon, Michigan March 6, 2025 Estimated Taxable Value (TV) Increase Rate: 2% per year NEZ Term Phase Out Plan Year 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Calendar Year 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 Base Taxable Value $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 Estimated New TV $ 1,118,900 $ 1,141,278 $ 1,164,104 $ 1,187,386 $ 1,211,133 $ 1,235,356 $ 1,260,063 $ 1,285,264 $ 1,310,970 $ 1,337,189 $ 1,363,933 $ 1,391,212 $ 1,419,036 $ 1,447,416 $ 1,476,365 $ 1,505,892 $ 1,536,010 $ 1,566,730 $ 1,598,065 $ 1,630,026 Incremental Difference (New TV - Base TV) $ - $ 22,378 $ 45,204 $ 68,486 $ 92,233 $ 116,456 $ 141,163 $ 166,364 $ 192,070 $ 218,289 $ 245,033 $ 272,312 $ 300,136 $ 328,516 $ 357,465 $ 386,992 $ 417,110 $ 447,830 $ 479,165 $ 511,126 NEZ School Capture Millage Rate NEZ Millage Rate Phase Out State Education Tax (SET) 6.0000 2.6040 6.0000 $ - $ - $ 118 $ 178 $ 240 $ 303 $ 368 $ 433 $ 1,152 $ 1,310 $ 1,470 $ 1,634 $ 1,801 $ 1,971 $ 2,145 $ 2,322 $ 2,503 $ 2,687 $ 2,875 $ 3,067 School Operating Tax 18.0000 7.7741 18.0000 $ - $ - $ 351 $ 532 $ 717 $ 905 $ 1,097 $ 1,293 $ 3,457 $ 3,929 $ 4,411 $ 4,902 $ 5,402 $ 5,913 $ 6,434 $ 6,966 $ 7,508 $ 8,061 $ 8,625 $ 9,200 School Total 24.0000 10.3781 $ - $ - $ 469 $ 711 $ 957 $ 1,209 $ 1,465 $ 1,727 $ 4,610 $ 5,239 $ 5,881 $ 6,535 $ 7,203 $ 7,884 $ 8,579 $ 9,288 $ 10,011 $ 10,748 $ 11,500 $ 12,267 Local Capture Millage Rate 9.6656875 11.598825 13.5319625 County Operating 5.6097 2.4347 $ - $ - $ 110 $ 167 $ 225 $ 284 $ 344 $ 583 $ 808 $ 1,071 $ 1,375 $ 1,528 $ 1,684 $ 1,843 $ 2,005 $ 2,171 $ 2,340 $ 2,512 $ 2,688 $ 2,867 City Operating 9.8554 4.2562 $ - $ - $ 192 $ 291 $ 393 $ 496 $ 601 $ 1,025 $ 1,420 $ 1,882 $ 2,415 $ 2,684 $ 2,958 $ 3,238 $ 3,523 $ 3,814 $ 4,111 $ 4,414 $ 4,722 $ 5,037 City Sanitation 2.9364 1.2691 2.9364 $ - $ - $ 57 $ 87 $ 117 $ 148 $ 179 $ 211 $ 564 $ 641 $ 720 $ 800 $ 881 $ 965 $ 1,050 $ 1,136 $ 1,225 $ 1,315 $ 1,407 $ 1,501 Hackley Library 2.3516 1.0157 2.3516 $ - $ - $ 46 $ 70 $ 94 $ 118 $ 143 $ 169 $ 452 $ 513 $ 576 $ 640 $ 706 $ 773 $ 841 $ 910 $ 981 $ 1,053 $ 1,127 $ 1,202 County Veterans 0.0739 0.0319 0.0739 $ - $ - $ 1 $ 2 $ 3 $ 4 $ 5 $ 5 $ 14 $ 16 $ 18 $ 20 $ 22 $ 24 $ 26 $ 29 $ 31 $ 33 $ 35 $ 38 Senior Citizens Svc 0.4921 0.2125 0.4921 $ - $ - $ 10 $ 15 $ 20 $ 25 $ 30 $ 35 $ 95 $ 107 $ 121 $ 134 $ 148 $ 162 $ 176 $ 190 $ 205 $ 220 $ 236 $ 252 Central Dispatch 0.2952 0.1275 0.2952 $ - $ - $ 6 $ 9 $ 12 $ 15 $ 18 $ 21 $ 57 $ 64 $ 72 $ 80 $ 89 $ 97 $ 106 $ 114 $ 123 $ 132 $ 141 $ 151 Comm College 2.1693 0.9370 2.1693 $ - $ - $ 42 $ 64 $ 86 $ 109 $ 132 $ 156 $ 417 $ 474 $ 532 $ 591 $ 651 $ 713 $ 775 $ 840 $ 905 $ 971 $ 1,039 $ 1,109 MAISD 4.6773 2.0202 4.6773 $ - $ - $ 91 $ 138 $ 186 $ 235 $ 285 $ 336 $ 898 $ 1,021 $ 1,146 $ 1,274 $ 1,404 $ 1,537 $ 1,672 $ 1,810 $ 1,951 $ 2,095 $ 2,241 $ 2,391 City Museum 0.3169 0.1369 0.3169 $ - $ - $ 6 $ 9 $ 13 $ 16 $ 19 $ 23 $ 61 $ 69 $ 78 $ 86 $ 95 $ 104 $ 113 $ 123 $ 132 $ 142 $ 152 $ 162 Local Total 28.7778 12.4417 $ - $ - $ 562 $ 852 $ 1,148 $ 1,449 $ 1,756 $ 2,565 $ 4,785 $ 5,860 $ 7,052 $ 7,837 $ 8,637 $ 9,454 $ 10,287 $ 11,137 $ 12,004 $ 12,888 $ 13,789 $ 14,709 Non-Capturable Millages Millage Rate Hackley Debt 0.4999 0.2159 0.4999 $ - $ - $ 10 $ 15 $ 20 $ 25 $ 30 $ 36 $ 96 $ 109 $ 122 $ 136 $ 150 $ 164 $ 179 $ 193 $ 209 $ 224 $ 240 $ 256 MPS Debt 2020 0.0500 0.0216 0.0500 $ - $ - $ 1 $ 1 $ 2 $ 3 $ 3 $ 4 $ 10 $ 11 $ 12 $ 14 $ 15 $ 16 $ 18 $ 19 $ 21 $ 22 $ 24 $ 26 MPS Debt 2021 7.7000 3.3258 7.7000 $ - $ - $ 150 $ 228 $ 307 $ 387 $ 469 $ 553 $ 1,479 $ 1,681 $ 1,887 $ 2,097 $ 2,311 $ 2,530 $ 2,752 $ 2,980 $ 3,212 $ 3,448 $ 3,690 $ 3,936 Comm College Debt 0.2700 0.1166 0.2700 $ - $ - $ 5 $ 8 $ 11 $ 14 $ 16 $ 19 $ 52 $ 59 $ 66 $ 74 $ 81 $ 89 $ 97 $ 104 $ 113 $ 121 $ 129 $ 138 MPS Sinking Fund 0.9712 0.4195 0.9712 $ - $ - $ 19 $ 29 $ 39 $ 49 $ 59 $ 70 $ 187 $ 212 $ 238 $ 264 $ 291 $ 319 $ 347 $ 376 $ 405 $ 435 $ 465 $ 496 Total Non-Capturable Taxes 9.4911 4.0994 $ - $ - $ 185 $ 281 $ 378 $ 477 $ 579 $ 682 $ 1,823 $ 2,072 $ 2,326 $ 2,585 $ 2,849 $ 3,118 $ 3,393 $ 3,673 $ 3,959 $ 4,250 $ 4,548 $ 4,851 Total Tax Increment Revenue (TIR) Available for Capture $ - $ - $ 1,032 $ 1,563 $ 2,105 $ 2,658 $ 3,221 $ 4,291 $ 9,394 $ 11,099 $ 12,932 $ 14,372 $ 15,841 $ 17,338 $ 18,866 $ 20,425 $ 22,014 $ 23,635 $ 25,289 $ 26,976 Footnotes: Assumes millages rates remain the same Existing NEZ Phases out in 2034 Assumes 2% inflation Page 32 of 288 Tax Increment Revenue Capture Estimates - Residential Phase I Lake View Lofts Muskegon, Michigan March 6, 2025 Estimated Taxable Value (TV) Increase Rate: Plan Year 20 21 22 23 24 25 26 27 28 29 30 31 TOTAL Calendar Year 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 Base Taxable Value $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 $ 1,118,900 Estimated New TV $ 1,662,627 $ 1,695,879 $ 1,729,797 $ 1,764,393 $ 1,799,680 $ 1,835,674 $ 1,872,388 $ 1,909,835 $ 1,948,032 $ 1,986,993 $ 2,026,732 $ 2,067,267 $ 2,067,267 Incremental Difference (New TV - Base TV) $ 543,727 $ 576,979 $ 610,897 $ 645,493 $ 680,780 $ 716,774 $ 753,488 $ 790,935 $ 829,132 $ 868,093 $ 907,832 $ 948,367 $ 948,367 NEZ School Capture Millage Rate NEZ Millage Rate Phase Out State Education Tax (SET) 6.0000 2.6040 6.0000 $ 3,262 $ 3,462 $ 3,665 $ 3,873 $ 4,085 $ 4,301 $ 4,521 $ 4,746 $ 4,975 $ 5,209 $ 5,447 $ 5,690 $ 79,812 School Operating Tax 18.0000 7.7741 18.0000 $ 9,787 $ 10,386 $ 10,996 $ 11,619 $ 12,254 $ 12,902 $ 13,563 $ 14,237 $ 14,924 $ 15,626 $ 16,341 $ 17,071 $ 239,411 School Total 24.0000 10.3781 $ 13,049 $ 13,847 $ 14,662 $ 15,492 $ 16,339 $ 17,203 $ 18,084 $ 18,982 $ 19,899 $ 20,834 $ 21,788 $ 22,761 $ 319,222 Local Capture Millage Rate 9.6656875 County Operating 5.6097 2.4347 $ 3,050 $ 3,237 $ 3,427 $ 3,621 $ 3,819 $ 4,021 $ 4,227 $ 4,437 $ 4,651 $ 4,870 $ 5,093 $ 5,320 $ 74,376 City Operating 9.8554 4.2562 $ 5,359 $ 5,686 $ 6,021 $ 6,362 $ 6,709 $ 7,064 $ 7,426 $ 7,795 $ 8,171 $ 8,555 $ 8,947 $ 9,347 $ 130,657 City Sanitation 2.9364 1.2691 2.9364 $ 1,597 $ 1,694 $ 1,794 $ 1,895 $ 1,999 $ 2,105 $ 2,213 $ 2,323 $ 2,435 $ 2,549 $ 2,666 $ 2,785 $ 39,056 Hackley Library 2.3516 1.0157 2.3516 $ 1,279 $ 1,357 $ 1,437 $ 1,518 $ 1,601 $ 1,686 $ 1,772 $ 1,860 $ 1,950 $ 2,041 $ 2,135 $ 2,230 $ 31,278 County Veterans 0.0739 0.0319 0.0739 $ 40 $ 43 $ 45 $ 48 $ 50 $ 53 $ 56 $ 58 $ 61 $ 64 $ 67 $ 70 $ 983 Senior Citizens Svc 0.4921 0.2125 0.4921 $ 268 $ 284 $ 301 $ 318 $ 335 $ 353 $ 371 $ 389 $ 408 $ 427 $ 447 $ 467 Central Dispatch 0.2952 0.1275 0.2952 $ 161 $ 170 $ 180 $ 191 $ 201 $ 212 $ 222 $ 233 $ 245 $ 256 $ 268 $ 280 $ 3,926 Comm College 2.1693 0.9370 2.1693 $ 1,180 $ 1,252 $ 1,325 $ 1,400 $ 1,477 $ 1,555 $ 1,635 $ 1,716 $ 1,799 $ 1,883 $ 1,969 $ 2,057 $ 28,853 MAISD 4.6773 2.0202 4.6773 $ 2,543 $ 2,699 $ 2,857 $ 3,019 $ 3,184 $ 3,353 $ 3,524 $ 3,699 $ 3,878 $ 4,060 $ 4,246 $ 4,436 $ 62,211 City Museum 0.3169 0.1369 0.3169 $ 172 $ 183 $ 194 $ 205 $ 216 $ 227 $ 239 $ 251 $ 263 $ 275 $ 288 $ 301 $ 4,215 Local Total 28.7778 12.4417 $ 15,647 $ 16,604 $ 17,580 $ 18,576 $ 19,591 $ 20,627 $ 21,684 $ 22,761 $ 23,861 $ 24,982 $ 26,125 $ 27,292 $ 375,555 Non-Capturable Millages Millage Rate Hackley Debt 0.4999 0.2159 0.4999 $ 272 $ 288 $ 305 $ 323 $ 340 $ 358 $ 377 $ 395 $ 414 $ 434 $ 454 $ 474 $ 6,649 MPS Debt 2020 0.0500 0.0216 0.0500 $ 27 $ 29 $ 31 $ 32 $ 34 $ 36 $ 38 $ 40 $ 41 $ 43 $ 45 $ 47 $ 665 MPS Debt 2021 7.7000 3.3258 7.7000 $ 4,187 $ 4,443 $ 4,704 $ 4,970 $ 5,242 $ 5,519 $ 5,802 $ 6,090 $ 6,384 $ 6,684 $ 6,990 $ 7,302 $ 102,415 Comm College Debt 0.2700 0.1166 0.2700 $ 147 $ 156 $ 165 $ 174 $ 184 $ 194 $ 203 $ 214 $ 224 $ 234 $ 245 $ 256 $ 3,591 MPS Sinking Fund 0.9712 0.4195 0.9712 $ 528 $ 560 $ 593 $ 627 $ 661 $ 696 $ 732 $ 768 $ 805 $ 843 $ 882 $ 921 $ 12,918 Total Non-Capturable Taxes 9.4911 4.0994 $ 5,161 $ 5,476 $ 5,798 $ 6,126 $ 6,461 $ 6,803 $ 7,151 $ 7,507 $ 7,869 $ 8,239 $ 8,616 $ 9,001 $ 126,237 Total Tax Increment Revenue (TIR) Available for Capture $ 28,697 $ 30,452 $ 32,242 $ 34,068 $ 35,930 $ 37,830 $ 39,767 $ 41,744 $ 43,760 $ 45,816 $ 47,913 $ 50,053 $ 694,777 Footnotes: Assumes millages rates remain the same Existing NEZ Phases out in 2034 Assumes 2% inflation Page 33 of 288 Tax Increment Revenue Capture Estimates - Residential Phase II Lake View Lofts Muskegon, Michigan March 6, 2025 Estimated Taxable Value (TV) Increase Rate: 2% per year NEZ Term Phase Out Plan Year 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Calendar Year 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 Base Taxable Value $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Estimated New TV $ - $ - $ 3,720,540 $ 3,794,951 $ 3,870,850 $ 3,948,267 $ 4,027,232 $ 4,107,777 $ 4,189,932 $ 4,273,731 $ 4,359,206 $ 4,446,390 $ 4,535,317 $ 4,626,024 $ 4,718,544 $ 4,812,915 $ 4,909,174 $ 5,007,357 $ 5,107,504 $ 5,209,654 Incremental Difference (New TV - Base TV) $ - $ - $ 3,720,540 $ 3,794,951 $ 3,870,850 $ 3,948,267 $ 4,027,232 $ 4,107,777 $ 4,189,932 $ 4,273,731 $ 4,359,206 $ 4,446,390 $ 4,535,317 $ 4,626,024 $ 4,718,544 $ 4,812,915 $ 4,909,174 $ 5,007,357 $ 5,107,504 $ 5,209,654 NEZ School Capture Millage Rate NEZ Millage Rate Phase Out State Education Tax (SET) 6.0000 2.6040 6.0000 $ - $ - $ 9,688 $ 9,882 $ 10,080 $ 10,281 $ 10,487 $ 10,697 $ 10,911 $ 11,129 $ 11,351 $ 11,578 $ 11,810 $ 12,046 $ 28,311 $ 28,877 $ 29,455 $ 30,044 $ 30,645 $ 31,258 School Operating Tax 18.0000 7.7741 18.0000 $ - $ - $ 28,924 $ 29,502 $ 30,092 $ 30,694 $ 31,308 $ 31,934 $ 32,573 $ 33,224 $ 33,889 $ 34,567 $ 35,258 $ 35,963 $ 84,934 $ 86,632 $ 88,365 $ 90,132 $ 91,935 $ 93,774 School Total 24.0000 10.3781 $ - $ - $ 38,612 $ 39,384 $ 40,172 $ 40,976 $ 41,795 $ 42,631 $ 43,484 $ 44,353 $ 45,240 $ 46,145 $ 47,068 $ 48,009 $ 113,245 $ 115,510 $ 117,820 $ 120,177 $ 122,580 $ 125,032 Local Capture Millage Rate 9.6656875 11.598825 13.5319625 County Operating 5.6097 2.4347 $ - $ - $ 9,058 $ 9,240 $ 9,424 $ 9,613 $ 9,805 $ 10,001 $ 10,201 $ 10,405 $ 10,613 $ 10,826 $ 11,042 $ 11,263 $ 16,544 $ 20,249 $ 24,097 $ 28,090 $ 28,652 $ 29,225 City Operating 9.8554 4.2562 $ - $ - $ 15,835 $ 16,152 $ 16,475 $ 16,805 $ 17,141 $ 17,484 $ 17,833 $ 18,190 $ 18,554 $ 18,925 $ 19,303 $ 19,689 $ 29,064 $ 35,575 $ 42,334 $ 49,350 $ 50,336 $ 51,343 City Sanitation 2.9364 1.2691 2.9364 $ - $ - $ 4,722 $ 4,816 $ 4,912 $ 5,011 $ 5,111 $ 5,213 $ 5,317 $ 5,424 $ 5,532 $ 5,643 $ 5,756 $ 5,871 $ 13,856 $ 14,133 $ 14,415 $ 14,704 $ 14,998 $ 15,298 Hackley Library 2.3516 1.0157 2.3516 $ - $ - $ 3,779 $ 3,855 $ 3,932 $ 4,010 $ 4,090 $ 4,172 $ 4,256 $ 4,341 $ 4,428 $ 4,516 $ 4,607 $ 4,699 $ 11,096 $ 11,318 $ 11,544 $ 11,775 $ 12,011 $ 12,251 County Veterans 0.0739 0.0319 0.0739 $ - $ - $ 119 $ 121 $ 123 $ 126 $ 128 $ 131 $ 134 $ 136 $ 139 $ 142 $ 145 $ 148 $ 349 $ 356 $ 363 $ 370 $ 377 $ 385 Senior Citizens Svc 0.4921 0.2125 0.4921 $ - $ - $ 791 $ 806 $ 823 $ 839 $ 856 $ 873 $ 890 $ 908 $ 926 $ 945 $ 964 $ 983 $ 2,322 $ 2,368 $ 2,416 $ 2,464 $ 2,513 $ 2,564 Central Dispatch 0.2952 0.1275 0.2952 $ - $ - $ 474 $ 484 $ 494 $ 503 $ 513 $ 524 $ 534 $ 545 $ 556 $ 567 $ 578 $ 590 $ 1,393 $ 1,421 $ 1,449 $ 1,478 $ 1,508 $ 1,538 Comm College 2.1693 0.9370 2.1693 $ - $ - $ 3,486 $ 3,556 $ 3,627 $ 3,700 $ 3,774 $ 3,849 $ 3,926 $ 4,004 $ 4,085 $ 4,166 $ 4,250 $ 4,335 $ 10,236 $ 10,441 $ 10,649 $ 10,862 $ 11,080 $ 11,301 MAISD 4.6773 2.0202 4.6773 $ - $ - $ 7,516 $ 7,667 $ 7,820 $ 7,976 $ 8,136 $ 8,299 $ 8,465 $ 8,634 $ 8,806 $ 8,983 $ 9,162 $ 9,345 $ 22,070 $ 22,511 $ 22,962 $ 23,421 $ 23,889 $ 24,367 City Museum 0.3169 0.1369 0.3169 $ - $ - $ 509 $ 520 $ 530 $ 541 $ 551 $ 562 $ 574 $ 585 $ 597 $ 609 $ 621 $ 633 $ 1,495 $ 1,525 $ 1,556 $ 1,587 $ 1,619 $ 1,651 Local Total 28.7778 12.4417 $ - $ - $ 46,290 $ 47,216 $ 48,160 $ 49,123 $ 50,106 $ 51,108 $ 52,130 $ 53,172 $ 54,236 $ 55,321 $ 56,427 $ 57,556 $ 108,425 $ 119,897 $ 131,785 $ 144,101 $ 146,983 $ 149,922 Non-Capturable Millages Millage Rate Hackley Debt 0.4999 0.2159 0.4999 $ - $ - $ 803 $ 819 $ 836 $ 852 $ 869 $ 887 $ 905 $ 923 $ 941 $ 960 $ 979 $ 999 $ 2,359 $ 2,406 $ 2,454 $ 2,503 $ 2,553 $ 2,604 MPS Debt 2020 0.0500 0.0216 0.0500 $ - $ - $ 80 $ 82 $ 84 $ 85 $ 87 $ 89 $ 91 $ 92 $ 94 $ 96 $ 98 $ 100 $ 236 $ 241 $ 245 $ 250 $ 255 $ 260 MPS Debt 2021 7.7000 3.3258 7.7000 $ - $ - $ 12,374 $ 12,621 $ 12,874 $ 13,131 $ 13,394 $ 13,662 $ 13,935 $ 14,214 $ 14,498 $ 14,788 $ 15,084 $ 15,385 $ 36,333 $ 37,059 $ 37,801 $ 38,557 $ 39,328 $ 40,114 Comm College Debt 0.2700 0.1166 0.2700 $ - $ - $ 434 $ 442 $ 451 $ 460 $ 470 $ 479 $ 489 $ 498 $ 508 $ 518 $ 529 $ 539 $ 1,274 $ 1,299 $ 1,325 $ 1,352 $ 1,379 $ 1,407 MPS Sinking Fund 0.9712 0.4195 0.9712 $ - $ - $ 1,561 $ 1,592 $ 1,624 $ 1,656 $ 1,689 $ 1,723 $ 1,758 $ 1,793 $ 1,829 $ 1,865 $ 1,903 $ 1,941 $ 4,583 $ 4,674 $ 4,768 $ 4,863 $ 4,960 $ 5,060 Total Non-Capturable Taxes 9.4911 4.0994 $ - $ - $ 15,252 $ 15,557 $ 15,868 $ 16,186 $ 16,509 $ 16,839 $ 17,176 $ 17,520 $ 17,870 $ 18,228 $ 18,592 $ 18,964 $ 44,784 $ 45,680 $ 46,593 $ 47,525 $ 48,476 $ 49,445 Total Tax Increment Revenue (TIR) Available for Capture $ - $ - $ 84,902 $ 86,600 $ 88,332 $ 90,099 $ 91,901 $ 93,739 $ 95,613 $ 97,526 $ 99,476 $ 101,466 $ 103,495 $ 105,565 $ 221,670 $ 235,407 $ 249,605 $ 264,277 $ 269,563 $ 274,954 Footnotes: Assumes project building with 2% inflation thereafter Assumes millages rates remain the same Assumes 15yr New NEZ Page 34 of 288 Tax Increment Revenue Capture Estimates - Residential Phase II Lake View Lofts Muskegon, Michigan March 6, 2025 Estimated Taxable Value (TV) Increase Rate: Plan Year 20 21 22 23 24 25 26 27 28 29 30 31 TOTAL Calendar Year 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 Base Taxable Value $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Estimated New TV $ 5,313,847 $ 5,420,124 $ 5,528,527 $ 5,639,097 $ 5,751,879 $ 5,866,917 $ 5,984,255 $ 6,103,940 $ 6,226,019 $ 6,350,539 $ 6,477,550 $ 6,607,101 $ 6,607,101 Incremental Difference (New TV - Base TV) $ 5,313,847 $ 5,420,124 $ 5,528,527 $ 5,639,097 $ 5,751,879 $ 5,866,917 $ 5,984,255 $ 6,103,940 $ 6,226,019 $ 6,350,539 $ 6,477,550 $ 6,607,101 $ 6,607,101 NEZ School Capture Millage Rate NEZ Millage Rate Phase Out State Education Tax (SET) 6.0000 2.6040 6.0000 $ 31,883 $ 32,521 $ 33,171 $ 33,835 $ 34,511 $ 35,202 $ 35,906 $ 36,624 $ 37,356 $ 38,103 $ 38,865 $ 39,643 $ 736,150 School Operating Tax 18.0000 7.7741 18.0000 $ 95,649 $ 97,562 $ 99,513 $ 101,504 $ 103,534 $ 105,605 $ 107,717 $ 109,871 $ 112,068 $ 114,310 $ 116,596 $ 118,928 $ 2,206,558 School Total 24.0000 10.3781 $ 127,532 $ 130,083 $ 132,685 $ 135,338 $ 138,045 $ 140,806 $ 143,622 $ 146,495 $ 149,424 $ 152,413 $ 155,461 $ 158,570 $ 2,942,708 Local Capture Millage Rate 9.6656875 County Operating 5.6097 2.4347 $ 29,809 $ 30,405 $ 31,013 $ 31,634 $ 32,266 $ 32,912 $ 33,570 $ 34,241 $ 34,926 $ 35,625 $ 36,337 $ 37,064 $ 668,150 City Operating 9.8554 4.2562 $ 52,370 $ 53,417 $ 54,486 $ 55,576 $ 56,687 $ 57,821 $ 58,977 $ 60,157 $ 61,360 $ 62,587 $ 63,839 $ 65,116 $ 1,172,780 City Sanitation 2.9364 1.2691 2.9364 $ 15,604 $ 15,916 $ 16,234 $ 16,559 $ 16,890 $ 17,228 $ 17,572 $ 17,924 $ 18,282 $ 18,648 $ 19,021 $ 19,401 $ 360,007 Hackley Library 2.3516 1.0157 2.3516 $ 12,496 $ 12,746 $ 13,001 $ 13,261 $ 13,526 $ 13,797 $ 14,073 $ 14,354 $ 14,641 $ 14,934 $ 15,233 $ 15,537 $ 288,277 County Veterans 0.0739 0.0319 0.0739 $ 393 $ 401 $ 409 $ 417 $ 425 $ 434 $ 442 $ 451 $ 460 $ 469 $ 479 $ 488 $ 9,058 Senior Citizens Svc 0.4921 0.2125 0.4921 $ 2,615 $ 2,667 $ 2,721 $ 2,775 $ 2,830 $ 2,887 $ 2,945 $ 3,004 $ 3,064 $ 3,125 $ 3,188 $ 3,251 $ 60,323 Central Dispatch 0.2952 0.1275 0.2952 $ 1,569 $ 1,600 $ 1,632 $ 1,665 $ 1,698 $ 1,732 $ 1,767 $ 1,802 $ 1,838 $ 1,875 $ 1,912 $ 1,950 $ 36,188 Comm College 2.1693 0.9370 2.1693 $ 11,527 $ 11,758 $ 11,993 $ 12,233 $ 12,478 $ 12,727 $ 12,982 $ 13,241 $ 13,506 $ 13,776 $ 14,052 $ 14,333 $ 265,932 MAISD 4.6773 2.0202 4.6773 $ 24,854 $ 25,352 $ 25,859 $ 26,376 $ 26,903 $ 27,441 $ 27,990 $ 28,550 $ 29,121 $ 29,703 $ 30,297 $ 30,903 $ 573,379 City Museum 0.3169 0.1369 0.3169 $ 1,684 $ 1,718 $ 1,752 $ 1,787 $ 1,823 $ 1,859 $ 1,896 $ 1,934 $ 1,973 $ 2,012 $ 2,053 $ 2,094 $ 38,849 Local Total 28.7778 12.4417 $ 152,921 $ 155,979 $ 159,099 $ 162,281 $ 165,526 $ 168,837 $ 172,214 $ 175,658 $ 179,171 $ 182,755 $ 186,410 $ 190,138 $ 3,472,944 Non-Capturable Millages Millage Rate Hackley Debt 0.4999 0.2159 0.4999 $ 2,656 $ 2,710 $ 2,764 $ 2,819 $ 2,875 $ 2,933 $ 2,992 $ 3,051 $ 3,112 $ 3,175 $ 3,238 $ 3,303 $ 61,281 MPS Debt 2020 0.0500 0.0216 0.0500 $ 266 $ 271 $ 276 $ 282 $ 288 $ 293 $ 299 $ 305 $ 311 $ 318 $ 324 $ 330 $ 6,130 MPS Debt 2021 7.7000 3.3258 7.7000 $ 40,917 $ 41,735 $ 42,570 $ 43,421 $ 44,289 $ 45,175 $ 46,079 $ 47,000 $ 47,940 $ 48,899 $ 49,877 $ 50,875 $ 943,927 Comm College Debt 0.2700 0.1166 0.2700 $ 1,435 $ 1,463 $ 1,493 $ 1,523 $ 1,553 $ 1,584 $ 1,616 $ 1,648 $ 1,681 $ 1,715 $ 1,749 $ 1,784 $ 33,098 MPS Sinking Fund 0.9712 0.4195 0.9712 $ 5,161 $ 5,264 $ 5,369 $ 5,477 $ 5,586 $ 5,698 $ 5,812 $ 5,928 $ 6,047 $ 6,168 $ 6,291 $ 6,417 $ 119,058 Total Non-Capturable Taxes 9.4911 4.0994 $ 50,434 $ 51,443 $ 52,472 $ 53,521 $ 54,592 $ 55,683 $ 56,797 $ 57,933 $ 59,092 $ 60,274 $ 61,479 $ 62,709 $ 1,163,494 Total Tax Increment Revenue (TIR) Available for Capture $ 280,453 $ 286,062 $ 291,783 $ 297,619 $ 303,572 $ 309,643 $ 315,836 $ 322,153 $ 328,596 $ 335,167 $ 341,871 $ 348,708 $ 6,415,652 Footnotes: Assumes project building with 2% inflation thereafter Assumes millages rates remain the same Assumes 15yr New NEZ Page 35 of 288 Tax Increment Revenue Capture Estimates - Combined Lake View Lofts Muskegon, Michigan March 6, 2025 Estimated Taxable Value (TV) Increase Rate: 2% per year CFE - Phase I NEZ Phase I NEZ Phase II Plan Year 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Calendar Year 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 Base Taxable Value $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 Estimated New TV $ 1,484,065 $ 1,506,443 $ 5,571,908 $ 5,683,346 $ 5,797,013 $ 5,912,953 $ 6,031,212 $ 6,151,836 $ 6,274,873 $ 6,400,370 $ 6,528,378 $ 6,658,945 $ 6,792,124 $ 6,927,967 $ 7,066,526 $ 7,207,857 $ 7,352,014 $ 7,499,054 $ 7,649,035 Incremental Difference (New TV - Base TV)* $ - $ 22,378 $ 4,087,843 $ 4,199,281 $ 4,312,948 $ 4,428,888 $ 4,547,147 $ 4,667,771 $ 4,790,808 $ 4,916,305 $ 5,044,313 $ 5,174,880 $ 5,308,059 $ 5,443,902 $ 5,582,461 $ 5,723,792 $ 5,867,949 $ 6,014,989 $ 6,164,970 School Capture State Education Tax (SET) $ - $ - $ 11,739 $ 12,075 $ 12,419 $ 12,770 $ 13,127 $ 13,492 $ 14,516 $ 14,984 $ 15,462 $ 15,949 $ 16,446 $ 16,953 $ 33,495 $ 34,343 $ 35,208 $ 36,090 $ 36,990 School Operating Tax $ - $ - $ 35,073 $ 36,080 $ 37,107 $ 38,155 $ 39,223 $ 40,313 $ 43,389 $ 44,791 $ 46,221 $ 47,680 $ 49,167 $ 50,685 $ 100,484 $ 103,028 $ 105,623 $ 108,270 $ 110,969 $ - $ - $ 46,812 $ 48,155 $ 49,526 $ 50,924 $ 52,350 $ 53,805 $ 57,905 $ 59,775 $ 61,683 $ 63,629 $ 65,614 $ 67,638 $ 133,979 $ 137,371 $ 140,831 $ 144,360 $ 147,959 Local Capture County Operating $ - $ - $ 12,633 $ 12,928 $ 13,229 $ 13,536 $ 13,849 $ 14,168 $ 14,494 $ 14,826 $ 15,165 $ 15,511 $ 15,864 $ 16,223 $ 21,646 $ 25,496 $ 29,490 $ 33,634 $ 34,349 City Operating $ - $ - $ 22,115 $ 22,632 $ 23,159 $ 23,696 $ 24,245 $ 24,804 $ 25,375 $ 25,957 $ 26,551 $ 27,156 $ 27,774 $ 28,404 $ 38,028 $ 44,792 $ 51,810 $ 59,090 $ 60,346 City Sanitation $ - $ - $ 6,593 $ 6,747 $ 6,904 $ 7,064 $ 7,228 $ 7,394 $ 7,565 $ 7,738 $ 7,915 $ 8,095 $ 8,280 $ 8,467 $ 16,526 $ 16,879 $ 17,239 $ 17,606 $ 17,980 Hackley Library $ - $ - $ 5,277 $ 5,401 $ 5,526 $ 5,655 $ 5,786 $ 5,919 $ 6,055 $ 6,194 $ 6,336 $ 6,480 $ 6,628 $ 6,778 $ 13,235 $ 13,517 $ 13,806 $ 14,099 $ 14,399 County Veterans $ - $ - $ 166 $ 170 $ 174 $ 178 $ 182 $ 186 $ 190 $ 195 $ 199 $ 204 $ 208 $ 213 $ 416 $ 425 $ 434 $ 443 $ 453 Senior Citizens Svc $ - $ - $ 1,104 $ 1,130 $ 1,156 $ 1,183 $ 1,211 $ 1,238 $ 1,267 $ 1,296 $ 1,326 $ 1,356 $ 1,387 $ 1,418 $ 2,770 $ 2,829 $ 2,889 $ 2,950 $ 3,013 Central Dispatch $ - $ - $ 662 $ 678 $ 694 $ 710 $ 726 $ 743 $ 760 $ 778 $ 795 $ 813 $ 832 $ 851 $ 1,661 $ 1,697 $ 1,733 $ 1,770 $ 1,808 Comm College $ - $ - $ 4,868 $ 4,982 $ 5,098 $ 5,217 $ 5,337 $ 5,460 $ 5,586 $ 5,714 $ 5,845 $ 5,978 $ 6,114 $ 6,253 $ 12,209 $ 12,469 $ 12,735 $ 13,006 $ 13,283 MAISD $ - $ - $ 10,496 $ 10,742 $ 10,992 $ 11,247 $ 11,507 $ 11,773 $ 12,044 $ 12,320 $ 12,602 $ 12,889 $ 13,182 $ 13,481 $ 26,324 $ 26,886 $ 27,459 $ 28,044 $ 28,640 City Museum $ - $ - $ 711 $ 728 $ 745 $ 762 $ 780 $ 798 $ 816 $ 835 $ 854 $ 873 $ 893 $ 914 $ 1,784 $ 1,822 $ 1,860 $ 1,900 $ 1,940 $ - $ - $ 64,626 $ 66,136 $ 67,676 $ 69,247 $ 70,850 $ 72,485 $ 74,152 $ 75,853 $ 77,587 $ 79,357 $ 81,161 $ 83,002 $ 134,598 $ 146,811 $ 159,455 $ 172,542 $ 176,211 Non-Capturable Millages Hackley Debt $ - $ - $ 974 $ 1,002 $ 1,031 $ 1,060 $ 1,089 $ 1,120 $ 1,205 $ 1,244 $ 1,284 $ 1,324 $ 1,365 $ 1,408 $ 2,791 $ 2,861 $ 2,933 $ 3,007 $ 3,082 MPS Debt 2020 $ - $ - $ 97 $ 100 $ 103 $ 106 $ 109 $ 112 $ 121 $ 124 $ 128 $ 132 $ 137 $ 141 $ 279 $ 286 $ 293 $ 301 $ 308 MPS Debt 2021 $ - $ - $ 15,004 $ 15,435 $ 15,874 $ 16,323 $ 16,780 $ 17,246 $ 18,562 $ 19,161 $ 19,773 $ 20,397 $ 21,034 $ 21,683 $ 42,985 $ 44,073 $ 45,183 $ 46,315 $ 47,470 Comm College Debt $ - $ - $ 526 $ 541 $ 557 $ 572 $ 588 $ 605 $ 651 $ 672 $ 693 $ 715 $ 737 $ 760 $ 1,507 $ 1,545 $ 1,584 $ 1,624 $ 1,665 MPS Sinking Fund $ - $ - $ 1,893 $ 1,947 $ 2,002 $ 2,059 $ 2,116 $ 2,175 $ 2,341 $ 2,417 $ 2,494 $ 2,573 $ 2,653 $ 2,735 $ 5,422 $ 5,559 $ 5,699 $ 5,842 $ 5,987 $ - $ - $ 18,494 $ 19,025 $ 19,567 $ 20,119 $ 20,683 $ 21,257 $ 22,879 $ 23,618 $ 24,373 $ 25,142 $ 25,926 $ 26,726 $ 52,984 $ 54,325 $ 55,693 $ 57,089 $ 58,512 Total Tax Increment Revenue (TIR) Available for Capture $ - $ - $ 111,437 $ 114,291 $ 117,202 $ 120,171 $ 123,200 $ 126,289 $ 132,056 $ 135,628 $ 139,270 $ 142,986 $ 146,775 $ 150,641 $ 268,577 $ 284,182 $ 300,286 $ 316,902 $ 324,170 Footnotes: Project is located in the DDA and assumes passthrough Assumes millages rates remain the same Assumes New NEZ on Phase II with CFE and NEZ expiring for Phase I Assumes 2% inflation increases Page 36 of 288 Tax Increment Revenue Capture Estimates - Combined Lake View Lofts Muskegon, Michigan March 6, 2025 Estimated Taxable Value (TV) Increase Rate: Plan Year 19 20 21 22 23 24 25 26 27 28 29 30 31 TOTAL Calendar Year 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 Base Taxable Value $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 $ 1,484,065 Estimated New TV $ 7,802,016 $ 7,958,056 $ 8,117,217 $ 8,279,562 $ 8,445,153 $ 8,614,056 $ 8,786,337 $ 8,962,064 $ 9,141,305 $ 9,324,131 $ 9,510,614 $ 9,700,826 $ 9,894,842 $ 9,894,842 Incremental Difference (New TV - Base TV)* $ 6,317,951 $ 6,473,991 $ 6,633,152 $ 6,795,497 $ 6,961,088 $ 7,129,991 $ 7,302,272 $ 7,477,999 $ 7,657,240 $ 7,840,066 $ 8,026,549 $ 8,216,761 $ 8,410,777 $ 8,410,777 School Capture State Education Tax (SET) $ 37,908 $ 38,844 $ 39,799 $ 40,773 $ 41,767 $ 42,780 $ 43,814 $ 44,868 $ 45,943 $ 47,040 $ 48,159 $ 49,301 $ 50,465 $ 917,518 School Operating Tax $ 113,723 $ 116,532 $ 119,397 $ 122,319 $ 125,300 $ 128,340 $ 131,441 $ 134,604 $ 137,830 $ 141,121 $ 144,478 $ 147,902 $ 151,394 $ 2,750,637 $ 151,631 $ 155,376 $ 159,196 $ 163,092 $ 167,066 $ 171,120 $ 175,255 $ 179,472 $ 183,774 $ 188,162 $ 192,637 $ 197,202 $ 201,859 $ 3,668,155 Local Capture County Operating $ 35,078 $ 35,822 $ 36,581 $ 37,355 $ 38,145 $ 38,950 $ 39,772 $ 40,609 $ 41,464 $ 42,336 $ 43,225 $ 44,132 $ 45,057 $ 835,567 City Operating $ 61,627 $ 62,935 $ 64,268 $ 65,628 $ 67,015 $ 68,430 $ 69,873 $ 71,345 $ 72,846 $ 74,378 $ 75,940 $ 77,533 $ 79,158 $ 1,466,907 City Sanitation $ 18,362 $ 18,751 $ 19,148 $ 19,554 $ 19,967 $ 20,388 $ 20,818 $ 21,257 $ 21,704 $ 22,161 $ 22,626 $ 23,101 $ 23,585 $ 447,642 Hackley Library $ 14,705 $ 15,017 $ 15,335 $ 15,659 $ 15,990 $ 16,328 $ 16,672 $ 17,024 $ 17,382 $ 17,747 $ 18,120 $ 18,500 $ 18,888 $ 358,459 County Veterans $ 462 $ 472 $ 482 $ 492 $ 503 $ 513 $ 524 $ 535 $ 546 $ 558 $ 569 $ 581 $ 594 $ 11,264 Senior Citizens Svc $ 3,077 $ 3,142 $ 3,209 $ 3,277 $ 3,346 $ 3,417 $ 3,489 $ 3,562 $ 3,637 $ 3,714 $ 3,792 $ 3,871 $ 3,953 $ 75,009 Central Dispatch $ 1,846 $ 1,885 $ 1,925 $ 1,966 $ 2,007 $ 2,050 $ 2,093 $ 2,137 $ 2,182 $ 2,228 $ 2,275 $ 2,322 $ 2,371 $ 44,998 Comm College $ 13,565 $ 13,853 $ 14,146 $ 14,445 $ 14,751 $ 15,062 $ 15,380 $ 15,704 $ 16,034 $ 16,371 $ 16,715 $ 17,066 $ 17,424 $ 330,673 MAISD $ 29,248 $ 29,868 $ 30,501 $ 31,146 $ 31,805 $ 32,476 $ 33,161 $ 33,860 $ 34,572 $ 35,299 $ 36,040 $ 36,797 $ 37,568 $ 712,970 City Museum $ 1,982 $ 2,024 $ 2,067 $ 2,110 $ 2,155 $ 2,200 $ 2,247 $ 2,294 $ 2,342 $ 2,392 $ 2,442 $ 2,493 $ 2,545 $ 48,307 $ 179,952 $ 183,769 $ 187,662 $ 191,633 $ 195,683 $ 199,815 $ 204,028 $ 208,327 $ 212,711 $ 217,183 $ 221,744 $ 226,397 $ 231,142 $ 4,331,795 Non-Capturable Millages Hackley Debt $ 3,158 $ 3,236 $ 3,316 $ 3,397 $ 3,480 $ 3,564 $ 3,650 $ 3,738 $ 3,828 $ 3,919 $ 4,012 $ 4,108 $ 4,205 $ 76,391 MPS Debt 2020 $ 316 $ 324 $ 332 $ 340 $ 348 $ 356 $ 365 $ 374 $ 383 $ 392 $ 401 $ 411 $ 421 $ 7,641 MPS Debt 2021 $ 48,648 $ 49,850 $ 51,075 $ 52,325 $ 53,600 $ 54,901 $ 56,227 $ 57,581 $ 58,961 $ 60,369 $ 61,804 $ 63,269 $ 64,763 $ 1,176,672 Comm College Debt $ 1,706 $ 1,748 $ 1,791 $ 1,835 $ 1,879 $ 1,925 $ 1,972 $ 2,019 $ 2,067 $ 2,117 $ 2,167 $ 2,219 $ 2,271 $ 41,259 MPS Sinking Fund $ 6,136 $ 6,288 $ 6,442 $ 6,600 $ 6,761 $ 6,925 $ 7,092 $ 7,263 $ 7,437 $ 7,614 $ 7,795 $ 7,980 $ 8,169 $ 148,414 $ 59,964 $ 61,445 $ 62,956 $ 64,497 $ 66,068 $ 67,671 $ 69,307 $ 70,974 $ 72,676 $ 74,411 $ 76,181 $ 77,986 $ 79,828 $ 1,450,378 Total Tax Increment Revenue (TIR) Available for Capture $ 331,583 $ 339,145 $ 346,858 $ 354,725 $ 362,749 $ 370,934 $ 379,283 $ 387,799 $ 396,485 $ 405,344 $ 414,381 $ 423,599 $ 433,001 $ 7,999,950 Footnotes: Project is located in the DDA and assumes passthrough Assumes millages rates remain the same Assumes New NEZ on Phase II with CFE and NEZ expiring for Phase I Assumes 2% inflation increases Page 37 of 288 Tax Increment Revenue Reimbursement Table Lake View Lofts Muskegon, Michigan March 6, 2025 Developer Maximum School & Local Local-Only Reimbursement **Proportionality Taxes Taxes Total Estimated Capture $ 7,798,091 State 44.8% $ 2,932,133 $ - $ 2,932,133 Estimated Total Administrative Fees $ 384,333 Local 55.2% $ 3,608,427 $ - $ 3,608,427 Years of Plan: 32 State Brownfield Fund $ 433,526 TOTAL $ 6,540,560 LBRF $ 353,829 EGLE 0.5% $ 33,000 $ - $ 33,000 MSHDA 99.5% $ 6,507,560 $ - $ 6,507,560 NEZ Abatement on Residential 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 Total State Incremental Revenue $ - $ - $ 46,812 $ 48,155 $ 49,526 $ 50,924 $ 52,350 $ 53,805 $ 57,905 $ 59,775 $ 61,683 $ 63,629 $ 65,614 $ 67,638 $ 133,979 $ 137,371 $ 140,831 State Brownfield Redevelopment Fund (50% of SET) $ - $ - $ (5,869) $ (6,038) $ (6,210) $ (6,385) $ (6,564) $ (6,746) $ (7,258) $ (7,492) $ (7,731) $ (7,975) $ (8,223) $ (8,477) $ (16,747) $ (17,171) $ (17,604) State TIR Available for Reimbursement $ - $ - $ 40,942 $ 42,118 $ 43,316 $ 44,539 $ 45,787 $ 47,059 $ 50,647 $ 52,283 $ 53,952 $ 55,654 $ 57,391 $ 59,162 $ 117,232 $ 120,200 $ 123,227 Total Local Incremental Revenue $ - $ - $ 64,626 $ 66,136 $ 67,676 $ 69,247 $ 70,850 $ 72,485 $ 74,152 $ 75,853 $ 77,587 $ 79,357 $ 81,161 $ 83,002 $ 134,598 $ 146,811 $ 159,455 BRA Administrative Fee (5%) $ - $ - $ - $ (5,715) $ (5,860) $ (6,009) $ (6,160) $ (6,314) $ (6,603) $ (6,781) $ (6,964) $ (7,149) $ (7,339) $ (7,532) $ (13,429) $ (14,209) $ (15,014) Local TIR Available for Reimbursement $ - $ - $ 64,626 $ 60,421 $ 61,816 $ 63,239 $ 64,690 $ 66,170 $ 67,549 $ 69,071 $ 70,624 $ 72,207 $ 73,823 $ 75,470 $ 121,169 $ 132,602 $ 144,441 Total State & Local TIR Available $ - $ - $ 105,568 $ 102,539 $ 105,133 $ 107,778 $ 110,477 $ 113,229 $ 118,196 $ 121,354 $ 124,576 $ 127,862 $ 131,213 $ 134,632 $ 238,401 $ 252,802 $ 267,668 Beginning DEVELOPER Balance DEVELOPER Reimbursement Balance $ 6,540,560 $ 6,540,560 $ 6,540,560 $ 6,434,992 $ 6,332,453 $ 6,227,320 $ 6,119,542 $ 6,009,066 $ 5,895,837 $ 5,777,641 $ 5,656,287 $ 5,531,711 $ 5,403,850 $ 5,272,636 $ 5,138,004 $ 4,899,604 $ 4,646,802 $ 4,379,134 MSHDA Housing Activity Costs $6,507,560 $ 6,507,560 $ 6,507,560 $ 6,507,560 $ 6,402,525 $ 6,300,503 $ 6,195,901 $ 6,088,666 $ 5,978,747 $ 5,866,090 $ 5,748,490 $ 5,627,748 $ 5,503,801 $ 5,376,585 $ 5,246,034 $ 5,112,081 $ 4,874,883 $ 4,623,357 State Tax Reimbursement 99% $ - $ - $ 40,736 $ 41,905 $ 43,098 $ 44,315 $ 45,556 $ 46,821 $ 50,391 $ 52,019 $ 53,680 $ 55,373 $ 57,101 $ 58,863 $ 116,640 $ 119,593 $ 122,605 Local Tax Reimbursement $ - $ - $ 64,300 $ 60,116 $ 61,504 $ 62,920 $ 64,364 $ 65,836 $ 67,208 $ 68,723 $ 70,267 $ 71,843 $ 73,450 $ 75,089 $ 120,558 $ 131,933 $ 143,712 Total MSHDA Reimbursement Balance $ 0.99 $ 6,507,560 $ 6,507,560 $ 6,402,525 $ 6,300,503 $ 6,195,901 $ 6,088,666 $ 5,978,747 $ 5,866,090 $ 5,748,490 $ 5,627,748 $ 5,503,801 $ 5,376,585 $ 5,246,034 $ 5,112,081 $ 4,874,883 $ 4,623,357 $ 4,357,039 EGLE Environmental Costs $ 33,000 $ 33,000 $ 33,000 $ 33,000 $ 32,467 $ 31,950 $ 31,420 $ 30,876 $ 30,318 $ 29,747 $ 29,151 $ 28,538 $ 27,910 $ 27,265 $ 26,603 $ 25,923 $ 24,721 $ 23,445 State Tax Reimbursement $ 0 $ - $ - $ 207 $ 213 $ 219 $ 225 $ 231 $ 237 $ 256 $ 264 $ 272 $ 281 $ 290 $ 298 $ 591 $ 606 $ 622 Local Tax Reimbursement $ - $ - $ 326 $ 305 $ 312 $ 319 $ 326 $ 334 $ 341 $ 348 $ 356 $ 364 $ 372 $ 381 $ 611 $ 669 $ 729 Total EGLE Reimbursement Balance 0.01 $ 33,000 $ 33,000 $ 32,467 $ 31,950 $ 31,420 $ 30,876 $ 30,318 $ 29,747 $ 29,151 $ 28,538 $ 27,910 $ 27,265 $ 26,603 $ 25,923 $ 24,721 $ 23,445 $ 22,095 Local Only Costs $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Local Tax Reimbursement $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Local Only Reimbursement Balance $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Annual Developer Reimbursement $ - $ - $ 105,568 $ 102,539 $ 105,133 $ 107,778 $ 110,477 $ 113,229 $ 118,196 $ 121,354 $ 124,576 $ 127,862 $ 131,213 $ 134,632 $ 238,401 $ 252,802 $ 267,668 LOCAL BROWNFIELD REVOLVING FUND LBRF Deposits * $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - State Tax Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Local Tax Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total LBRF Capture * Up to five years of capture for LBRF Deposits after eligible activities are reimbursed. May be taken from EGLE & Local TIR only. Footnotes: Project is located in the DDA. Assumes millages rates remain the same with the exception of City noted expirations above. Assumes 15yr NEZ on Apartments Page 38 of 288 Tax Increment Revenue Reimbursement Table Lake View Lofts Muskegon, Michigan March 6, 2025 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 TOTAL Total State Incremental Revenue $ 144,360 $ 147,959 $ 151,631 $ 155,376 $ 159,196 $ 163,092 $ 167,066 $ 171,120 $ 175,255 $ 179,472 $ 183,774 $ 188,162 $ 192,637 $ 197,202 $ - $ 3,466,296 State Brownfield Redevelopment Fund (50% of SET) $ (18,045) $ (18,495) $ (18,954) $ (19,422) $ (19,899) $ (20,386) $ (20,883) $ (21,390) $ (21,907) $ (22,434) $ (22,972) $ (23,520) $ (24,080) $ (24,650) $ - $ (433,526) State TIR Available for Reimbursement $ 126,315 $ 129,464 $ 132,677 $ 135,954 $ 139,296 $ 142,705 $ 146,183 $ 149,730 $ 153,348 $ 157,038 $ 160,802 $ 164,641 $ 168,558 $ 172,552 $ - $ 3,032,770 Total Local Incremental Revenue $ 172,542 $ 176,211 $ 179,952 $ 183,769 $ 187,662 $ 191,633 $ 195,683 $ 199,815 $ 204,028 $ 208,327 $ 212,711 $ 217,183 $ 221,744 $ 226,397 $ 231,142 $ 4,331,795 BRA Administrative Fee (5%) $ (15,845) $ (16,208) $ (16,579) $ (16,957) $ (17,343) $ (17,736) $ (18,137) $ (18,547) $ (18,964) $ (19,390) $ (19,824) $ (20,267) $ (20,719) $ (21,180) $ (11,557) $ (384,333) Local TIR Available for Reimbursement $ 156,697 $ 160,002 $ 163,373 $ 166,812 $ 170,319 $ 173,897 $ 177,546 $ 181,268 $ 185,064 $ 188,937 $ 192,887 $ 196,915 $ 201,025 $ 205,217 $ 219,585 $ 3,947,462 Total State & Local TIR Available $ 283,012 $ 289,466 $ 296,050 $ 302,766 $ 309,615 $ 316,602 $ 323,729 $ 330,998 $ 338,412 $ 345,975 $ 353,689 $ 361,557 $ 369,582 $ 377,769 $ 219,585 $ 6,980,232 DEVELOPER DEVELOPER Reimbursement Balance $ 4,096,122 $ 3,806,656 $ 3,510,605 $ 3,207,840 $ 2,898,224 $ 2,581,622 $ 2,257,894 $ 1,926,896 $ 1,588,484 $ 1,242,509 $ 888,821 $ 527,264 $ 157,681 $ - $ - $ - MSHDA Housing Activity Costs $ 4,357,039 $ 4,075,455 $ 3,787,449 $ 3,492,893 $ 3,191,655 $ 2,883,602 $ 2,568,597 $ 2,246,502 $ 1,917,174 $ 1,580,469 $ 1,236,240 $ 884,336 $ 524,603 $ 156,886 $ - $ - State Tax Reimbursement $ 125,677 $ 128,811 $ 132,008 $ 135,268 $ 138,593 $ 141,985 $ 145,445 $ 148,974 $ 152,574 $ 156,246 $ 159,991 $ 163,811 $ 167,707 $ 71,552 $ - $ 2,917,339 Local Tax Reimbursement $ 155,906 $ 159,195 $ 162,549 $ 165,970 $ 169,460 $ 173,019 $ 176,650 $ 180,353 $ 184,131 $ 187,983 $ 191,913 $ 195,922 $ 200,011 $ 85,334 $ - $ 3,590,221 Total MSHDA Reimbursement Balance $ 4,075,455 $ 3,787,449 $ 3,492,893 $ 3,191,655 $ 2,883,602 $ 2,568,597 $ 2,246,502 $ 1,917,174 $ 1,580,469 $ 1,236,240 $ 884,336 $ 524,603 $ 156,886 $ - $ - $ - EGLE Environmental Costs $ 22,095 $ 20,667 $ 19,206 $ 17,713 $ 16,185 $ 14,623 $ 13,025 $ 11,392 $ 9,722 $ 8,015 $ 6,269 $ 4,484 $ 2,660 $ 796 $ - $ - State Tax Reimbursement $ 637 $ 653 $ 669 $ 686 $ 703 $ 720 $ 738 $ 755 $ 774 $ 792 $ 811 $ 831 $ 850 $ 363 $ - $ 14,794 Local Tax Reimbursement $ 791 $ 807 $ 824 $ 842 $ 859 $ 877 $ 896 $ 915 $ 934 $ 953 $ 973 $ 994 $ 1,014 $ 433 $ - $ 18,206 Total EGLE Reimbursement Balance $ 20,667 $ 19,206 $ 17,713 $ 16,185 $ 14,623 $ 13,025 $ 11,392 $ 9,722 $ 8,015 $ 6,269 $ 4,484 $ 2,660 $ 796 $ - $ - $ - Local Only Costs $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Local Tax Reimbursement $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Local Only Reimbursement Balance $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Annual Developer Reimbursement $ 283,012 $ 289,466 $ 296,050 $ 302,766 $ 309,615 $ 316,602 $ 323,729 $ 330,998 $ 338,412 $ 345,975 $ 353,689 $ 361,557 $ 369,582 $ 157,681 $ - $ - LOCAL BROWNFIELD REVOLVING FUND LBRF Deposits * $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 134,244 $ 219,585 $ 353,829 State Tax Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 14,794 $ - $ 14,794 Local Tax Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 119,450 $ 219,585 $ 339,035 Total LBRF Capture * Up to five years of capture for LBRF Deposits after eligible activities are reimbursed. May be taken from EGLE & Local TIR only. Footnotes: Project is located in the DDA. Assumes millages rates remain the same with the exception of City noted expirations above. Assumes 15yr NEZ on Apartments Page 39 of 288 City of Muskegon Brownfield Plan Amendment 351 Phase II Redevelopment Project ATTACHMENT A-4 HOUSING SUBSIDY TABLE 12 3/7/2025 Page 40 of 288 Attachment A-4 Housing Subsidy Table Housing TIF Financing Gap Cap Calculation - Multifamily Rental Project: 351 Phase II *City Approved Using 120% AMI as Control Rent Developer AMI Control Project No. of No. of FORMULA Location Type - = PRL x No. of Units x = PRL GAP CAP Per Unit Commitment Rent* Rent Months Years City BRA AMI Control 120% Muskegon Studio $1,674 - $1,120 = $554 x 21 12 x 30 = $4,188,240 $199,440 City BRA AMI Control 120% Muskegon 1 bedroom $1,792 - $1,450 = $342 x 11 12 x 30 = $1,354,320 $123,120 TOTAL Housing Subsidy 32 $5,542,560 $173,205 *MSHDA Control Rent Calculation Developer AMI Control Project No. of No. of FORMULA Location Type - = PRL x No. of Units x = PRL GAP CAP Per Unit Commitment Rent* Rent Months Years MSHDA Control Rents 120% Muskegon Studio $1,790 - $1,120 = $670 x 21 12 x 30 = $5,065,200 $241,200 MSHDA Control Rents 120% Muskegon 1 bedroom $2,028 - $1,450 = $578 x 11 12 x 30 = $2,288,880 $208,080 TOTAL Housing Subsidy 32 $7,354,080 $229,815 Approved BRA TIF Request for Financing Gap/Renovation $5,542,560 Other Housing Activities Allowed Site Preparation $75,000 Infrastructure Improvements $860,000 BF/WP Prep and Development $30,000 Total Housing Subsidy Requested for Approval $6,507,560 Page 41 of 288 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: May 13, 2025 Title: Neighborhood Enterprise Zone Certificate - 1542 Adams Ave. Submitted by: Jocelyn Hines, Development Department: Economic Development Analyst Brief Summary: The staff are requesting the approval of a Neighborhood Enterprise Zone (NEZ) certificate for 15 years for a new construction home at 1542 Adams Ave. Detailed Summary & Background: An application for a Neighborhood Enterprise zone (NEZ) certificate has been received from Stephens Homes and Investments for a new construction home at 1542 Adams Ave. The cost of construction is $130,000. The applicant has met local and state requirements for the issuance of the NEZ certificate. Goal/Focus Area/Action Item Addressed: Key Focus Areas: Diverse housing types Goal/Action Item: 2027 Goal 2: Economic Development Housing and Business - Improved community vibrancy through infill development Amount Requested: Budgeted Item: N/A Yes No N/A Fund(s) or Account(s): Budget Amendment Needed: N/A Yes No N/A Recommended Motion: I move to close the public hearing and approve the Neighborhood Enterprise Zone (NEZ) certificate for 15 years at 1542 Adams Ave. and authorize the City Clerk and Mayor to sign the certificate and resolution. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Yes Page 42 of 288 Information Technology Other Division Heads Communication Legal Review Page 43 of 288 X Marquette 10/22/2024 Page 44 of 288 5/13/2025 Ann Marie Meisch 231-724-6721 ann.meisch@shorelinecity.com 933 Terrace St Muskegon MI 49440 Page 45 of 288 Resolution No. ________ MUSKEGON CITY COMMISSION RESOLUTION TO APPROVE THE ISSUANCE OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with the City Clerk by Stephens Homes and Investments LLC to construct a new home at 1542 ADAMS AVE. in the Marquette neighborhood, and; WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a Neighborhood Enterprise Zone Certificate; WHEREAS, the local unit of government is allowing the six (6) month grace period after construction commencement to apply, which is allowed under the law; 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 Certificate for the new construction of a home by Stephens Homes and Investments LLC be approved. Adopted this 13th day of May, 2025. Ayes: Nays: Absent: By: __________________________ Ken Johnson, Mayor Attest: _________________________ Ann Meisch City Clerk Page 46 of 288 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 May 13, 2025. By: ________________________ Ann Meisch City Clerk Page 47 of 288 QUIT-CLAIM DEED KNOW ALL MEN BY THESE PRESENTS: ThattheCITY OF MUSKEGON, a municipal of corporation, 933 Terrace Street, Muskegon,Michigan49440, QUIT CLAIMS toSTEPHENS HOMES AND INVESTMENTS LLC, a LimitedLiability Company, of1042 TerraceSt,Muskegon,Michigan49442,thefollowing described premisessituated intheCityofMuskegon, CountyofMuskegon,StateofMichigan, towit: *SEE ATTACHED LEGAL DESCRIPTIONS forthesum ofFifty-Six One HundredSeventy-Five, Thousand, and0/100Dollars ($56,175.00) PROVIDED, HOWEVER, Grantee, oritsassigns, shall complete construction ofone (1)single familyhome on eachofthenineteen on thepremises (19)parcels herein conveyedwithintwenty-four(24)monthsafter thedate hereof.Indefaultofsuchconstruction, title tothepremises revert shall totheCityofMuskegon freeandclearof any claimofGranteeoritsassigns.Inaddition, theCityofMuskegonmay retain theconsideration forthis conveyance freeandclearofany claimofGranteeorits Buyershall assigns. removeonlythosetrees necessaryfor construction ofthehomes and driveways."Completec onstruction" means:(1)issuanceofa residential building permitsby theCityofMuskegon;and (2)inthesoleopinion oftheCityofMuskegon's DirectorofInspections, substantial completionofthedwellingsdescribed inthesaidbuildingpermits.Intheeventofreversionoftitles of theabove-describedpremises, improvementsmade thereonshallbecometheproperty ofGrantor. Thisdeedisexemptfromreal estate transfer taxpursuant totheprovisions ofMCLA 207.505(h)(i) anr' MCLA 207.526Sec.6(h)(i). Datedthis dayof 2024. Signedinthepresence of: CITY OF MUSKEGON acfr^ fo †f e en ohnson, Its ayor Ann MarieMeisch,MMC, ItsClerk STATE OF MICHIGAN COUNTY OF MUSKEGON Beforeme personally inMuskegonCounty,Michigan, appeared on cefnÓer _1, 2024,by KEN JOHNSON andANN MARIE MEISCH, MMC, theMayor and Clerk, oftheCITY OF MUSKEGON, respectively, a municipal on behalf corporation, oftheCity. PREPARED BY: SamanthaPulos nda ffe ,NotaryPublic CityofMuskegonPlanningDept. ActingintheCountyof //744 /fego r) 933 Terrace St.Room 202 #/ad /¾eg-o CouEty,Michigan Muskegon,MI 49440 llyComm. fÏxpires: Telephone:231/724-6702 WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees Page 1 of 5 Page 48 of 288 Legal Descriptions 1. LegalDescription: CITY OF MUSKEGON REVISED PLAT OF 1903EAST ½ LOT 13BLOCK 386 Address:209 MERRILL, MUSKEGON, MI 49441 Parcel #:61-24-205-386-0013-10 Price:$2,437.50 2. LegalDescription:CITY OF MUSKEGON REVISED PLAT OF 1903WEST ½ LOT 13BLOCK 386 Address:213 MERRILL, MUSKEGON, MI 49441 Parcel #:61-24-205-386-0013-01 Price:$2,437.50 3. Legal Description: CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOT 631 ALSO VACATED EAST 1/2OF ADJACENT ALLEY ((8/00 RESOLUTION # 2000-72(G)) LOT 632 SPLIT FROM PARCEL 9/14/00 FOR 2001ROLL Address:845 DUCEY, MUSKEGON, MI 49442 Parcel#:61-24-612-000-0631-00 Price:$6,000.00 4. LegalDescription: PART OF LOTS 576 ANO 577,CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 3,MUSKEGON COUNTY, MICHIGAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 519 OF SAID CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 3; THENCE SOUTH 02 DEGREES 14MINUTES 29 SECONDS WEST, A DISTANCE OF 133.12FEET; THENCE NORTH 88 DEGREES 51 MINUTES 05 SECONDS WEST, A DISTANCE OF 83.41FEET; THENCE SOUTH 69 DEGREES 13MINUTES 36 SECONDS WEST, A DISTANCE OF 60.86FEET; THENCE SOUTH 68 DEGREES 41 MINUTES 05 SECONDS WEST, A DISTANCE OF 38.02FEET TO THE POINT OF BEGINNING; CONTINUING SOUTH 68 DEGREES 41 MINUTES 05 SECONDS WEST, A DISTANCE OF 83.87FEET TO THE SOUTHWEST CORNER OF SAID LOT 577; THENCE NORTH O 1 DEGREES 41 MINUTES 33 SECONDS EAST, ALONG THE WEST LINE OF SAID LOT 577,A DISTANCE OF 102.85FEET TO THE NORTHWEST CORNER OF SAID LOT 577; THENCE SOUTH 88 DEGREES 28 MINUTES 35 SECONDS EAST, A DISTANCE OF 16.30FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 13 DEGREES 49 MINUTES 35 SECONDS, A RADIUS OF 166.67FEET, A CHORD BEARING OF NORTH 84 DEGREES 18 MINUTES 34 SECONDS EAST, A CHORD DISTANCE OF 40.12 FEET AND AN ARC LENGTH OF 40.22FEET TO THE ENO OF SAID CURVE; THENCE SOUTH 13 DEGREES 58 MINUTES 14 SECONDS EAST, A DISTANCE OF 78.18 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 6062 SQUARE FEET, MORE OR LESS. Address:973 DUCEY, MUSKEGON, MI 49442 Parcel #:61-24-612-000-0577-10 Price:$3,000.00 5. LegalDescription: PART OF LOTS 575ANO 576,CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 3,MUSKEGON COUNTY, MICHIGAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 519; THENCE SOUTH 02 DEGREES 14MINUTES 29 SECONDS WEST, A DISTANCE OF 133.12 FEET; THENCE NORTH 88 DEGREES 51 MINUTES 05 SECONDS WEST, A DISTANCE OF 83.41FEET; THENCE SOUTH 69 DEGREES 13MINUTES 36 SECONDS WEST, A DISTANCE OF 13.62FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 69 DEGREES 13MINUTES 36 SECONDS WEST, A DISTANCE OF 47.31 FEET; THENCE SOUTH 68 DEGREES 41 MINUTES 05 SECONDS WEST, A DISTANCE OF 38.02FEET; THENCE NORTH 13DEGREES 58 MINUTES 14SECONDS WEST, A DISTANCE OF 78.18FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 26 DEGREES Page 2 of 5 Page 49 of 288 28 MINUTES 15 SECONDS, A RADIUS OF 166.67FEET, A CHORD BEARING OF NORTH 64 DEGREES 11 MINUTES 17SECONDS EAST, A CHORD DISTANCE OF 76.30FEET ANO AN ARC LENGTH OF 76.98 FEET TO THE END OF SAID CURVE; THENCE SOUTH 20 DEGREES 46 MINUTES 24 SECONDS EAST, A DISTANCE OF 83.97FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 6264 SQUARE FEET, MORE OR LESS. Address:983 DUCEY, MUSKEGON, MI 49442 Parcel #:61-24-612-000-0576-10 Price:$3,000.00 6. LegalDescription: PART OF LOTS 519 AND 575,CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 3,MUSKEGON COUNTY, MICHIGAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 519; THENCE SOUTH 02 DEGREES 14 MINUTES 29 SECONDS WEST, A DISTANCE OF 133.12 FEET; THENCE NORTH 88 DEGREES 51 M1NUTES 05 SECONDS WEST, A DISTANCE OF 54.00FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88 DEGREES 51 MINUTES 05 SECONDS WEST, A DISTANCE OF 29.38 FEET; THENCE SOUTH 69 DEGREES 13MINUTES 36 SECONDS WEST, A DISTANCE OF 13.62 FEET; THENCE NORTH 20 DEGREES 46 MINUTES 24 SECONDS WEST, A DISTANCE OF 83.97FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 05 DEGREES 12 MINUTES 24 SECONDS, A RADIUS OF 166.67FEET, A CHORD BEARING OF NORTH 48 DEGREES 21 MINUTES 06 SECONDS EAST, A CHORD DISTANCE OF 15.14FEET, AN ARC LENGTH OF 15.14FEET TO THE END OF SAID CURVE; AND THE BEGINNING OF A REVERSE CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 26 DEGREES 48 MINUTES 37 SECONDS, A RADIUS OF 166.67FEET, A CHORD BEARING OF NORTH 58 DEGREES 10MINUTES 20 SECONDS EAST, A CHORD DISTANCE OF 77.07FEET, AN ARC LENGTH OF 77.99FEET TO THE END OF SAID CURVE; THENCE SOUTH O2 DEGREES 14MINUTES 29 SECONDS WEST, A DISTANCE OF 124.94FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 6626 SQUARE FEET, MORE OR LESS. THE PARCEL ISSUBJECT TO A UTILITY EASEMENT AS IT APPARENT ALONG ITSEAST BOUNDARY LINE. Address:993 DUCEY, MUSKEGON, MI 49442 Parcel#:61-24-612-000-0575-01 Price:$3,000.00 7. LegalDescription: PART OF LOT 519,CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 3, MUSKEGON COUNTY, MICHIGAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 519; THENCE SOUTH 02 DEGREES 14 MINUTES 29 SECONDS WEST, A DISTANCE OF 133.12FEET TO THE SOUTHEAST CORNER OF SAID LOT 519; THENCE NORTH 88 DEGREES 51 MINUTES 05 SECONDS WEST, A DISTANCE OF 54.00 FEET; THENCE NORTH 02 DEGREES 14 MINUTES 29 SECONDS EAST, A DISTANCE OF 124.94FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 18 DEGREES 54 MINUTES 35 SECONDS, A RADIUS OF I66.67FEET, A CHORD BEARING OF NORTH 82 DEGREES 41 MINUTES 48 SECONDS EAST, A CHORD DISTANCE OF 54.76FEET AND AN ARC LENGTH OF 55.01FEET TO THE END OF SAID CURVE AND THE POINT OF BEGINNING. PARCEL CONTAINS 7062 SQUARE FEET, MORE OR LESS. THE PARCEL ISSUBJECT TO A UTILITY EASEMENT AS ITAPPARENT ALONG ITS WEST BOUNDARY LINE. Address:1003DUCEY, MUSKEGON, MI 49442 Parcel#:61-24-612-000-0519-01 Price:$3,000.00 Page 3 of 5 Page 50 of 288 8. LegalDescription:CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 NORTH 1/2LOT 553 Address:554 AGNES, MUSKEGON, MI 49442 Parcel #:61-24-612-000-0553-01 Price:$3,000.00 9. LegalDescription:CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 SOUTH 1/2LOT 553 Address:572 AGNES, MUSKEGON, MI 49442 Parcel #:61-24-612-000-0553-10 Price:$3,000.00 10. LegalDescription: CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOT 620 Address:502 MARY, MUSKEGON, MI 49442 Parcel #:61-24-612-000-0621-01 Price:$3,000.00 11. LegalDescription: CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOT 621 Address:508 MARY, MUSKEGON, MI 49442 Parcel #:61-24-612-000-0620-01 Price: $3,000.00 12. LegalDescription: CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOT 639 & EAST 1/2 VACATED N/S ALLEY ADJACENT Address:561 MARY, MUSKEGON, MI 49442 Parcel #:61-24-612-000-0639-00 Price:$4,650.00 13.LegalDescription: CITY OF MUSKEGON URBAN RENEWAL PLAT NO 4 LOT 893 Address:1542ADAMS, MUSKEGON, MI 49442 Parcel #:61-24-613-000-0893-00 Price:$4,650.00 14. LegalDescription: CITY OF MUSKEGON REVISED PLAT OF 1903SOUTH 1/2LOTS 8 & 9 BLOCK 8 Address:320 WOOD, MUSKEGON, MI 49442 Parcel #:61-24-205-008-0008-10 Price:$3,000.00 15. LegalDescription: CITY OF MUSKEGON REVISED PLAT OF 1903LOT 10BLOCK 8 Address:346 WOOD, MUSKEGON, MI 49442 Parcel #:61-24-205-008-0010-00 Price:$3,000.00 16. LegalDescription: CITY OF MUSKEGON REVISED PLAT OF 1903LOT 14BLOCK 140 Address:425 OCTAVIUS, MUSKEGON, MI 49442 Parcel #:61-24-205-140-0014-00 Price:$3,000.00 17. LegalDescription: CITY OF MUSKEGON REVISED PLAT OF 1903CITY OF MUSKEGON LOT 5 BLOCK 13 AND WEST 1/2OF VAC 16.5FEET ALLEY ADJACENT THERETO (VAC ALLEY CITY RES #99-87) Address:436 CHARLES, MUSKEGON, MI 49441 Parcel #:61-24-205-013-0005-00 Price: $3,000.00 Page 4 of 5 Page 51 of 288 18. LegalDescription: CITY OF MUSKEGON SEC 21 TION R16W W 50 FT OF N 132FT OF S 297 FT NE 1/4SW 1/4SW 1/4 Address:907 ORCHARD, MUSKEGON, MI 49442 Parcel #:61-24-121-300-0062-00 Price:$3,000.00 19. LegalDescription: CITY OF MUSKEGON SEC 21 T10N R16W E 66 FT OF W 544 1/2FT OF N 165FT OF SW 1/4OF SW 1/4OF SW 1/4EX N 33 FT FOR ST Address:877 AMITY, MUSKEGON, MI 49442 Parcel #:61-24-121-300-0116-00 Price:$3,000.00 Page 5 of 5 Page 52 of 288 4/22/25, 12:51 PM about:blank 1542 Adams Ave Property Report Area of Interest (AOI) Information Area : 6,515.7 ft² Apr 22 2025 12:48:17 Eastern Daylight Time about:blank 1/2 Page 53 of 288 4/22/25, 12:51 PM about:blank Summary Name Count Area(ft²) Length(ft) Parcels 1 6,515.70 N/A Parcels Property Property Property Property Municipality Acreage per Acreage per # PIN Address Address Address Address Code GIS Assessor Number Direction Combined City 61-24-613- 1542 1 24 0.15 0.14 1542 No Data MUSKEGON 000-0893-00 ADAMS AVE Property Property Owner Owner Owner Owner Owner Care Owner # Address Address Zip Address Address Name 1 Name 2 Of Address State Code City State 933 CITY OF 1 MI 49442 No Data PO BOX 536 TERRACE MUSKEGON MI MUSKEGON ST Owner State PRE Property School Assessed Taxable Property # Address Zip Equalized Homestead Class District Value Value Class Code Code Value Pct Description Code Commercial 1 49443 0.00 0.00 0.00 0 201 61010 - Improved Zoning per Assessor # School District Name Tax Description Area(ft²) Primary CITY OF MUSKEGON MUSKEGON CITY 1 R-1 URBAN RENEWAL PLAT 6,515.70 SCHOOL DIST NO 4 LOT 893 ©2020 Muskegon County GIS Data reported herein is believed to be accurate and up to date, however Muskegon County and Muskegon County GIS make no warranty to the accuracy of the data. It is advised that before any decisions are made from this data, that the local assessor or building officials are contacted. about:blank 2/2 Page 54 of 288 Page 55 of 288 Page 56 of 288 Causeway E C RE EK Muskegon Township South FO U R M ILE MI L CITY OF MUSKEGON CR UR BRUSSE AVE BRUSSE AVE E EK FO CityNEIGHBORHOOD of North Muskegon ENTERPRIZE ZONE (NEZ) MORGAN AVE ST Muskegon Township North MEEKING ST NB WA SPRING 2025 ADAMS AVE OAKHILL DR CAMPBELL ST -31 TA Muskegon Township North MARSHALL ST OT BR DRATZ ST GUNN ST LEONARD AVE KRAFT ST ST BENNETT ST LANGLEY ST MARQUETTE AVE N Jackson Hill HARVEY ST SO ICK ST DUCEY AVE ST JACKSON AVE BROADMOOR ST ER S MCLAREN ST College ABBEY ST V IU BA K E 0 'S ) Marquette MARGARET ST MARLANE ST JAMES AVE YU TA LAA 183 MULDER ST SB MARY ST SUELANE ST OC ED AGNES ST ON CIR QUARTERLINE RD -31 C IS O N SUMNER AVE EGAKE VIR ALBERT AVE BR I DR GLEN OAKS DR K DIA S O L TERRACE ST N MUKEG SCHOOL ST DR WESLEY AVE VIRIDIA AS NEW CONSTRUCTION N DR (M MARCOUX AVE NEZ CARLTON ST SURREY PL ROBERTS ST MARCOUX AVE VILLAGE DR DUDLEY AVE E AV WHITE AVE E AV ON MU LT LAWRENCE AVE RILEY ST WA IS RP OAK AVE RR HY £ 31 ¤ MO SP PIN OAK AVE ST EMERALD ST 1S RI ORCHARD AVE R YE RS E KENNETH ST T ON NG CARLTON ST 3R ST ST HOME ST CR FORK ST 2N D EE ST D Steele STEVENS ST K ST ST E AV AMITY AVE M SCOTT ST E AV AR LE RT WOOD ST AY T MY ALLEN AVE CL ST EVART ST PLYMOUTH ST JAY ST E AV AV E APPLE AVE RN D TE OR REHAB & V U46 SO OAKGROVE ST S HAMILTON AVE NC ROBERTS ST Nelson E E CO NEWAVCONSTRUCTION NEZ PH W Angell WILLIAMS ST D IA R ADA AVE ADA AVE AM E FO ADA AVE KENNETH ST AV RT MADISON ST ST US-31 SB BR GREEN ST N HA E GO AV E BURTON ST O NA AV ISABELLA AVE ISABELLA AVE SIA HOLT ST E MONROE AVE E E SK IA AR SP D AV MU W E GORDON ST ST MAPLE ST LA AV RI R DE SAUTER ST TE A NG N BS IO JEFFERSON ST E CHESTNUT ST RA E AV ST 4T W ON NS MCLAUGHLIN AVE SHONAT ST H Nims E E ST AV Sheldon Park MCLAUGHLIN AVE OM ST AV E E EVA 9T WESTERN AVE U AV HO AV LIN NS 11 N GRAF ST E H H TO CALVIN AVE GO OE AV INE ST HARVEY ST UG TH HIL N A ST E CALVIN AVE CALVIN AVE KE NR L AV ER LA L VE ST IL TH MC E A AR S ST MICHIGAN AVE MU MO RR N AV E CA AV CA TA V E FRANCIS AVE SO TH TH E BA W FRANCIS AVE EASTGATE ST M WEST ST NG FRANCIS AVE MA UR W BA E E TA RO E NN AV CA AV AV LANGELAND AVE ST ST E KE US R LANGELAND AVE UE EASTWOOD DR WASHINGTON AVE MP McLaughlin BA Muskegon Township South BEIDLER ST WASHINGTON AVE CA IRWIN AVE HOWARD AVE WINTERS ST NEW ST VINE AVE ST IRWIN AVE VINE AVE GLADE ST GRAND AVE HUDSON ST FLOWER AVE AU GRAND AVE 8TH ST JIROCH ST KINGSLEY ST RN KAMPENGA AVE BUSH AVE FRANKLIN ST SUMMERSET DR US-31 NB DIVISION ST LEAHY ST HA CLINTON ST CARLTON ST SOUTHERN AVE NI GRAND AVE M BURTON ST S FLEMING AVE SHONAT ST OAK PARK DR TERRACE ST ST FOREST AVE FOREST AVE EMERSON AVE MESSLER ST 6TH ST FOREST AVE PINE ST 5TH ST IRELAND AVE KREGEL AVE FOREST AVE FOREST AVE FOREST AVE Oakview PECK ST GLADE IRELAND AVE 7TH ST SOUTHLAND DR SOUTHLAND DR DALE AVE GLADE ST JEFFERSON ST DALE AVE MANZ ST DALE AVE DALE AVE DALE AVE DALE AVE MADISON ST CRESTON ST DALE AVE BROADMOOR ST ROBERTS ST BURTON ST LARCH AVE LARCH AVE EV AURORA AVE AN LARCH AVE ST ON SMITH ST LARCH AVE AV LEAHY ST WIERENGO DR LAKETON AVE E JARMAN ST LARCH AVE SANFORD ST PARK ST ELWOOD ST DYSON ST TURNER AVE LAKETON AVE HOYT ST FRANKLIN ST NEVADA ST CROWLEY ST RAY ST ALPHA AVE TEMPLE ST BURTON RD KINSEY ST CONTINENTAL ST SUPERIOR ST TABLE OF Ê 1. Rehab and New Construction NEZMarsh Acreage = 1,214.92± acres Field BARBARA ST PORT CITY BL MAP FEATURES VALLEY ST AUSTIN ST HOLBROOK AVE DOWD ST ROUSE ST HOLBROOK AVE HOWDEN ST HUIZENGA ST SHELBY AVE NEZ PERCENTAGES BRUNSWICK ST YOUNG AVE 2. New Construction NEZ Acreage = 48.56± acres NEW CONSTRUCTION NEZ HENRY ST GLADE ST VULCAN ST YOUNG AVE DISCLAIMER OF TOTAL CampbellCITY Field ACERAGE KEATING AVE BARCLAY ST Combined acreages of 1 & 2 = 1,263.48± acres KEATING AVE REHAB & NEW CONSTRUCTION NEZ GETTY ST KEATING AVE KEATINGThe AVEgeographic networking informationKEATING contained in this map is NOT to be AVE BURTON RD KEATING AVE PARCELS 1 inch = 1,333 feet construed or used as "survey data" or for a "legal description"; it is provided 5TH ST East Muskegon THERESA ST WILSON AVE WILSON AVE DELANO AVE for informational purposes only. Every effort has been made to ensure the City of Muskegon acerage isNO9,595.42± acres 9TH ST DELA highest accuracy of all data on this map, but some errors may occur. RAILROADS ELWOOD ST AVE REYNOLDS ST SUPERIOR ST HANCOCK AVE JARMAN ST HOWDEN ST RIORDAN ST 0 500 1,000 1,500 2,000 HUDSON ST DYSON ST HARVEY ST 8TH ST MAFFETT ST 7TH ST West Percentage Side East Side BAKER ST Overall NEZ Acreage of City Acreage = ±13.17% LAKES & PONDS Muskegon County GIS assumes no liability or responsibility for any errors, RAY ST LATIMER DR HACKLEY AVE omissions or inaccuracies in the information provided regardless of the AUSTIN ST Feet VALLEY ST RIVERS & STREAMS N AREA OF NEZs INCLUDING ROW AREA cause, OW STEIN ST MANZ ST 6TH ST KN HACKLEY AVE UN Page 57 of 288 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: May 13, 2025 Title: Neighborhood Enterprise Zone Certificate - 397 Marquette Ave. Submitted by: Jocelyn Hines, Development Department: Economic Development Analyst Brief Summary: The staff are requesting the approval of a Neighborhood Enterprise Zone (NEZ) certificate for 15 years for a new construction home at 397 Marquette Avenue. Detailed Summary & Background: An application for a Neighborhood Enterprise Zone (NEZ) certiticate has been received from LRS Enterprises LLC for a new construction home at 397 Marquette Ave. The cost of construction is $180,000. The applicant has met local and state requirements for the issuance of the NEZ certificate. Goal/Focus Area/Action Item Addressed: Key Focus Areas: Diverse housing types Goal/Action Item: 2027 Goal 2: Economic Development Housing and Business - Improved community vibrancy through infill development Amount Requested: Budgeted Item: N/A Yes No N/A Fund(s) or Account(s): Budget Amendment Needed: N/A Yes No N/A Recommended Motion: I move to close the public hearing and approve the Neighborhood Enterprise Zone (NEZ) certificate for 15 years for 397 Marquette Ave. and authorize the City Clerk and Mayor to sign the certificate and resolution. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Yes Information Page 58 of 288 Technology Other Division Heads Communication Legal Review Page 59 of 288 Page 60 of 288 Page 61 of 288 Resolution No. ________ MUSKEGON CITY COMMISSION RESOLUTION TO APPROVE THE ISSUANCE OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with the City Clerk by LRS Enterprises LLC to construct a new home at 397 MARQUETTE AVE. in the Jackson Hill neighborhood, and; WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a Neighborhood Enterprise Zone Certificate; WHEREAS, the local unit of government is allowing the six (6) month grace period after construction commencement to apply, which is allowed under the law; 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 Certificate for the new construction of a home by LRS Enterprises LLC be approved. Adopted this 13th day of May, 2025. Ayes: Nays: Absent: By: __________________________ Ken Johnson, Mayor Attest: _________________________ Ann Meisch City Clerk Page 62 of 288 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 May 13, 2025. By: ________________________ Ann Meisch City Clerk Page 63 of 288 QUIT-CLAIM DEED KNOW ALL MEN BY THESE PRESENTS: ThattheCITY OF MUSKEGON, a municipal of corporation, 933 TerraceStreet, Muskegon,Michigan49440, QUIT CLAIMS toLRS ENTERPRISES, LLC, a Michiganlimited company,of525 S.DanglRd., liability Muskegon,Michigan49442, thefollowing described situated premises intheCityofMuskegon,CountyofMuskegon,State ofMichigan, towit: *SeeAttachedLegalDescriptions forthesum ofFifteen ThousandSeventy-Five andno/100Dollars ($15,075.00) PROVIDED, HOWEVER, Grantee, oritsassigns,shallcompletetheconstructionofnine(9)single familyhomes on six(6)parcels hereinconveyedwithineighteen (18)monthsafterthedatehereof.Indefault ofsuchconstruction, title tothepremisesshallreverttotheCityofMuskegon freeandclear ofany claimofGranteeoritsassigns. In the of addition, City Muskegon may retain theconsideration forthis conveyance free andclear o f any claimof Granteeoritsassigns.Buyershall remove onlythosetrees necessaryforconstructionofthehomes and driveways. "Completeconstruction"means:(1)issuance ofa residential buildingpermitsby theCityofMuskegon;and (2)in thesoleopinionoftheCityofMuskegon'sDirector ofInspections, substantial completion ofthedwellings describedinthesaidbuildingpermits.Intheevent ofreversionoftitles oftheabove-describedpremises, improvements made thereonshallbecome theproperty ofGrantor. Thisdeedisexemptfromrealestate taxpursuant transfer totheprovisions ofMCLA and 207.505(h)(i) MCLA 207.526Sec.6(h)(i). Datedthis day ofJune,2023. Si int prese e o CITY OF MUSKEGON Ken Johnson, (tsMayor Ann MarieMeisch,MMC, ItsClerk STATE OF MICHIGAN COUNTY OF MUSKEGON Signedand sworntobeforeme inMuskegon County,Michigan, on June 2023,by KEN JOHNSON andANN MARIE MEISCH, MMC, theMayor and Clerk, oftheCITY respectively, OF MUSKEGON, a municipal on behalf corporation, oftheCity. KlMBERLY YOUNG broÅ4Ù/ A2fÑ Public,MuskegonCo., PREPARED BY: Hope Griffith My ExpiresJune7, CityofMuskegon Planning Dept. ActingintheCohat)of g intheCountyofMuskegon 933 TerraceSt.Room 202 CoWty, Michigan Muskegon,MI 49440 My Comm. Expires: Telephone:231/724-6760 WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees Page 64 of 288 FileNo.: 416869LKR EXHIBIT "A" inthe City of Muskegon, County of Muskegon, and Stateof Michigan Propertysituated describedas: Parcel1: Block 37, The East 105 feetof the West 217 feetof the South 114 feetof theNorth 139 feet, Revised Plat(of1903) of the City of Muskegon, Muskegon County, Michigan, as recordedin Page 71. Liber3 of Plats, Parcel2: Lot 11 and Lot 12,Block 1,Marcoux's Subdivision,City of Muskegon, Muskegon County, Michigan, as recordedinLiber 6 of Page 38,Muskegon County Records. Plats, Together with theNorth 1/2of vacatedalleyadjacentthereto. Parcel3: Lot 16,Lot 17 and Lot 18,Block 1,Marcoux's Subdivision,City of Muskegon, Muskegon County, Michigan, as recordedinLiber 6 of Plats, Page 38,Muskegon County Records. Together with theNorth 1/2of vacatedalleyadjacentthereto. Parcel4: Lot 1,Block 140,Revised Plat(of1903) of the City of Muskegon, Muskegon County, Michigan, Page 71. as recordedinLiber3 of Plats, Parcel5: Lot 15 and Lot 16,Block 140,Revised Plat(of1903) of the City of Muskegon, Muskegon Page 71. County, Michigan, as recordedinLiber 3 of Plats, Parcel6: Lot 2 and Lot 3, Block 139,Revised Plat(of 1903) of the City of Muskegon, County of Muskegon, Michigan, as recordedinLiber3 of Plats, Page 71. Tax ID: 61-24-205-037-0001-01, 61-24-590-001-0011-00, 61-24-590-001-0016-00, Page 65 of 288 61-24-205-140-0001-00, 61-24-205-140-0015-00, 61-24-205-139-0002-00 Page 66 of 288 4/30/25, 11:27 AM about:blank 397 Marquette Ave Property Report Area of Interest (AOI) Information Area : 8,902.3 ft² Apr 30 2025 11:26:10 Eastern Daylight Time about:blank 1/2 Page 67 of 288 4/30/25, 11:27 AM about:blank Summary Name Count Area(ft²) Length(ft) Parcels 1 8,902.30 N/A Parcels Property Property Property Property Municipality Acreage per Acreage per # PIN Address Address Address Address Code GIS Assessor Number Direction Combined City 397 61-24-205- 1 24 0.20 0.20 397 No Data MARQUETT MUSKEGON 140-0015-00 E AVE Property Property Owner Owner Owner Owner Owner Care Owner # Address Address Zip Address Address Name 1 Name 2 Of Address State Code City State LRS 525 S 1 MI 49442 ENTERPRIS No Data No Data MUSKEGON MI DANGLE RD ES LLC Owner State PRE Property School Assessed Taxable Property # Address Zip Equalized Homestead Class District Value Value Class Code Code Value Pct Description Code Commercial 1 49442 2,000.00 2,000.00 2,000.00 0 201 61010 - Improved Zoning per Assessor # School District Name Tax Description Area(ft²) Primary CITY OF MUSKEGON MUSKEGON CITY 1 R-1 REVISED PLAT OF 1903 8,902.30 SCHOOL DIST LOT 15 & 16 BLK 140 ©2020 Muskegon County GIS Data reported herein is believed to be accurate and up to date, however Muskegon County and Muskegon County GIS make no warranty to the accuracy of the data. It is advised that before any decisions are made from this data, that the local assessor or building officials are contacted. about:blank 2/2 Page 68 of 288 Page 69 of 288 Page 70 of 288 Page 71 of 288 Page 72 of 288 Page 73 of 288 Page 74 of 288 Page 75 of 288 Causeway E C RE EK Muskegon Township South FO U R M ILE MI L CITY OF MUSKEGON CR UR BRUSSE AVE BRUSSE AVE E EK FO CityNEIGHBORHOOD of North Muskegon ENTERPRIZE ZONE (NEZ) MORGAN AVE ST Muskegon Township North MEEKING ST NB WA SPRING 2025 ADAMS AVE OAKHILL DR CAMPBELL ST -31 TA Muskegon Township North MARSHALL ST OT BR DRATZ ST GUNN ST LEONARD AVE KRAFT ST ST BENNETT ST LANGLEY ST MARQUETTE AVE N Jackson Hill HARVEY ST SO ICK ST DUCEY AVE ST JACKSON AVE BROADMOOR ST ER S MCLAREN ST College ABBEY ST V IU BA K E 0 'S ) Marquette MARGARET ST MARLANE ST JAMES AVE YU TA LAA 183 MULDER ST SB MARY ST SUELANE ST OC ED AGNES ST ON CIR QUARTERLINE RD -31 C IS O N SUMNER AVE EGAKE VIR ALBERT AVE BR I DR GLEN OAKS DR K DIA S O L TERRACE ST N MUKEG SCHOOL ST DR WESLEY AVE VIRIDIA AS NEW CONSTRUCTION N DR (M MARCOUX AVE NEZ CARLTON ST SURREY PL ROBERTS ST MARCOUX AVE VILLAGE DR DUDLEY AVE E AV WHITE AVE E AV ON MU LT LAWRENCE AVE RILEY ST WA IS RP OAK AVE RR HY £ 31 ¤ MO SP PIN OAK AVE ST EMERALD ST 1S RI ORCHARD AVE R YE RS E KENNETH ST T ON NG CARLTON ST 3R ST ST HOME ST CR FORK ST 2N D EE ST D Steele STEVENS ST K ST ST E AV AMITY AVE M SCOTT ST E AV AR LE RT WOOD ST AY T MY ALLEN AVE CL ST EVART ST PLYMOUTH ST JAY ST E AV AV E APPLE AVE RN D TE OR REHAB & V U46 SO OAKGROVE ST S HAMILTON AVE NC ROBERTS ST Nelson E E CO NEWAVCONSTRUCTION NEZ PH W Angell WILLIAMS ST D IA R ADA AVE ADA AVE AM E FO ADA AVE KENNETH ST AV RT MADISON ST ST US-31 SB BR GREEN ST N HA E GO AV E BURTON ST O NA AV ISABELLA AVE ISABELLA AVE SIA HOLT ST E MONROE AVE E E SK IA AR SP D AV MU W E GORDON ST ST MAPLE ST LA AV RI R DE SAUTER ST TE A NG N BS IO JEFFERSON ST E CHESTNUT ST RA E AV ST 4T W ON NS MCLAUGHLIN AVE SHONAT ST H Nims E E ST AV Sheldon Park MCLAUGHLIN AVE OM ST AV E E EVA 9T WESTERN AVE U AV HO AV LIN NS 11 N GRAF ST E H H TO CALVIN AVE GO OE AV INE ST HARVEY ST UG TH HIL N A ST E CALVIN AVE CALVIN AVE KE NR L AV ER LA L VE ST IL TH MC E A AR S ST MICHIGAN AVE MU MO RR N AV E CA AV CA TA V E FRANCIS AVE SO TH TH E BA W FRANCIS AVE EASTGATE ST M WEST ST NG FRANCIS AVE MA UR W BA E E TA RO E NN AV CA AV AV LANGELAND AVE ST ST E KE US R LANGELAND AVE UE EASTWOOD DR WASHINGTON AVE MP McLaughlin BA Muskegon Township South BEIDLER ST WASHINGTON AVE CA IRWIN AVE HOWARD AVE WINTERS ST NEW ST VINE AVE ST IRWIN AVE VINE AVE GLADE ST GRAND AVE HUDSON ST FLOWER AVE AU GRAND AVE 8TH ST JIROCH ST KINGSLEY ST RN KAMPENGA AVE BUSH AVE FRANKLIN ST SUMMERSET DR US-31 NB DIVISION ST LEAHY ST HA CLINTON ST CARLTON ST SOUTHERN AVE NI GRAND AVE M BURTON ST S FLEMING AVE SHONAT ST OAK PARK DR TERRACE ST ST FOREST AVE FOREST AVE EMERSON AVE MESSLER ST 6TH ST FOREST AVE PINE ST 5TH ST IRELAND AVE KREGEL AVE FOREST AVE FOREST AVE FOREST AVE Oakview PECK ST GLADE IRELAND AVE 7TH ST SOUTHLAND DR SOUTHLAND DR DALE AVE GLADE ST JEFFERSON ST DALE AVE MANZ ST DALE AVE DALE AVE DALE AVE DALE AVE MADISON ST CRESTON ST DALE AVE BROADMOOR ST ROBERTS ST BURTON ST LARCH AVE LARCH AVE EV AURORA AVE AN LARCH AVE ST ON SMITH ST LARCH AVE AV LEAHY ST WIERENGO DR LAKETON AVE E JARMAN ST LARCH AVE SANFORD ST PARK ST ELWOOD ST DYSON ST TURNER AVE LAKETON AVE HOYT ST FRANKLIN ST NEVADA ST CROWLEY ST RAY ST ALPHA AVE TEMPLE ST BURTON RD KINSEY ST CONTINENTAL ST SUPERIOR ST TABLE OF Ê 1. Rehab and New Construction NEZMarsh Acreage = 1,214.92± acres Field BARBARA ST PORT CITY BL MAP FEATURES VALLEY ST AUSTIN ST HOLBROOK AVE DOWD ST ROUSE ST HOLBROOK AVE HOWDEN ST HUIZENGA ST SHELBY AVE NEZ PERCENTAGES BRUNSWICK ST YOUNG AVE 2. New Construction NEZ Acreage = 48.56± acres NEW CONSTRUCTION NEZ HENRY ST GLADE ST VULCAN ST YOUNG AVE DISCLAIMER OF TOTAL CampbellCITY Field ACERAGE KEATING AVE BARCLAY ST Combined acreages of 1 & 2 = 1,263.48± acres KEATING AVE REHAB & NEW CONSTRUCTION NEZ GETTY ST KEATING AVE KEATINGThe AVEgeographic networking informationKEATING contained in this map is NOT to be AVE BURTON RD KEATING AVE PARCELS 1 inch = 1,333 feet construed or used as "survey data" or for a "legal description"; it is provided 5TH ST East Muskegon THERESA ST WILSON AVE WILSON AVE DELANO AVE for informational purposes only. Every effort has been made to ensure the City of Muskegon acerage isNO9,595.42± acres 9TH ST DELA highest accuracy of all data on this map, but some errors may occur. RAILROADS ELWOOD ST AVE REYNOLDS ST SUPERIOR ST HANCOCK AVE JARMAN ST HOWDEN ST RIORDAN ST 0 500 1,000 1,500 2,000 HUDSON ST DYSON ST HARVEY ST 8TH ST MAFFETT ST 7TH ST West Percentage Side East Side BAKER ST Overall NEZ Acreage of City Acreage = ±13.17% LAKES & PONDS Muskegon County GIS assumes no liability or responsibility for any errors, RAY ST LATIMER DR HACKLEY AVE omissions or inaccuracies in the information provided regardless of the AUSTIN ST Feet VALLEY ST RIVERS & STREAMS N AREA OF NEZs INCLUDING ROW AREA cause, OW STEIN ST MANZ ST 6TH ST KN HACKLEY AVE UN Page 76 of 288 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: May 13, 2025 Title: Neighborhood Enterprise Zone Certificate - 303 Terrace Point Circle Submitted by: Jocelyn Hines, Development Department: Economic Development Analyst Brief Summary: Staff is requesting the approval of a Neighborhood Enterprise Zone (NEZ) certificate for 12 years for a new construction home at 303 Terrace Point Circle. Detailed Summary & Background: An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received from Greg and Karen Wing for their home located at 303 Terrace Point Circle. The estimated cost of construction exceeds $300,000, and the home received a Certificate of Occupancy on November 11, 2019. The original NEZ application was submitted to the City of Muskegon in 2023 but was not processed or forwarded to the State due to an internal clerical error. A letter from the City acknowledging this oversight is included with this item. After consultation with the Michigan Department of Treasury, the applicants were advised to reapply. However, the State Tax Commission has noted that while reapplication is permitted, approval is not guaranteed. 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 Fund(s) or Account(s): Budget Amendment Needed: N/A Yes No N/A Recommended Motion: I move to close the public hearing and approve the Neighborhood Enterprise Zone (NEZ) certificate for 12 years at 303 Terrace Point Circle and authorize the City Clerk and Mayor to sign the certificate and resolution. Approvals: Guest(s) Invited / Presenting: Page 77 of 288 Immediate Division Yes Head Information Technology Other Division Heads Communication Legal Review Page 78 of 288 Page 79 of 288 5/13/2025 Ann Marie Meisch 231-724-6721 ann.meisch@shorelinecity.com 933 Terrace St. Muskegon MI 49440 Page 80 of 288 Page 81 of 288 Resolution No. ________ MUSKEGON CITY COMMISSION RESOLUTION TO APPROVE THE ISSUANCE OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with the City Clerk by Terrace Point Landing, LLC to construct a new home at 303 Terrace Point in the Terrace Point Condominium neighborhood, and; WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a Neighborhood Enterprise Zone Certificate; WHEREAS, the local unit of government is allowing the six (6) month grace period after construction commencement to apply, which is allowed under the law; WHEREAS, the Neighborhood Enterprise Zone Certificate has been approved for twelve (12) years; NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise Zone Certificate for the new construction of a home by Greg and Karen Wing be approved. Adopted this 13th of May, 2025. Ayes: Nays: Absent: By: __________________________ Ken Johnson, Mayor Attest: _________________________ Ann Meisch City Clerk 5/1/2025 Page 82 of 288 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 May 13, 2025. By: ________________________ Ann Meisch City Clerk 5/1/25 Page 83 of 288 Page 84 of 288 215 Page 85 of 288 215 Page 86 of 288 215 Page 87 of 288 Page 88 of 288 m Received & Sealed for Record ~-n" MARK F. FAIRCHILD REGISTER OF DEEDS "" Muskegan County Michigan 10/29/2021 09:50 AM Liber: 4279 Page: 15 MARK F. FAIRCHILD Liber: 4279 Page: 15 REGISTER OF DEEDS PAGE: 1 of 2 Muskegon County Michigan 10/29/202199:50 AM DO2 5744659 QUIT CLAIM DEED Gregory R. Wing and Karen A. Wing, husband and wife ("Grantors"),whose address is 303 Terrace Point Circle,Muskegon, MI 49440, quit claims to Gregory R. Wing and Karen A. Wing, husband and wife, whose address is 303 Terrace Point Circle,Muskegon, MI 49440, a ninety-ninepercent (99%) undivided tenants-in-common interest, and to their son, Sean G. Wing, whose address is 303 Terrace Point Circle,Muskegon, MI 49440, a one percent (1%) undivided tenants-in-common interestin the real property situatedin the City of Muskegon, County of Muskegon, Stateof Michigan, and is legallydescribedas: Unit 23, Terrace Point Landing Site Condominium, a Site Condominium according to the Master Deed recorded in Liber 4057, Page 3, FirstAmendment to Master Deed recorded in Liber 4059, Page 643, as amended, in the Office of the Muskegon County Register of Deeds, and designated as Muskegon County Condominium SubdivisionPlan No. 194, togetherwith rightsin general common elements and limited common elements as set forth in said Master Deed, and amendments thereto,and as described in Act 59 of the Public Acts of 1978 as amended. Commonly Known As: 303 Terrace Point Circle,Muskegon, MI 49440 Tax ParcelNo.: 61-24-793-000-0023-00 Subject to zoning, easements, rightof ways and building and use restrictionsof record, if any, and to any liensfor taxeswhich are not yet due and payable,and further subjectto any mortgage liensgranted by Grantors. This instrumentis exempt from transfertax under MCLA 207.505(5)(a)and MCLA 207.526(a), being a transfer where the consideration islessthan One Hundred Dollars ($100.00). The filing ofa "PROPERTY TRANSFER AFFIDAVIT" notification to the assessingofficerisnot required sincetherehas not been a transferof ownership. Dated: October 19, 2021 Gregory . ing,Grantor Dated: October , 2021 Karen A. Wing, GranTor Page 89 of 288 STATE OF MICHIGAN } } ss. COUNTY OF [<} (\ } The foregoing instrument was acknowledged before me on October '2. 8 , 2021, by Gregory R. Wing, Grantor and Karen A. Wing, Grantor. Notary Public M(}$6 County, Michigan ' Acting in #\ )(-epa County ic an My Commission Ex tres: 27 G LASANDRA HOWLAND, NotaryF StateofMichigan, CountyofMush My CommissionExpires04/271 intheCoun Acting of Public Notary HOWLAND, ofMuskagan 1.ASANORA County 0412712025 ofMfchigan, Expires State My Commission of County inthe Acting fZarn 40 arid Drafted by cuadshou secorded ice : Send subsequent tax billsto: Stephen L. Elkins Gregory and Karen Wing Bosch Killman VanderWal, P.C. 303 Terrace Point Circle 2900 East BeltlineAvenue N.E. Muskegon, MI 49440 Grand Rapids, MI 49525 Telephone: (616) 364-2900 MARK F. FAIRCHILD Liber: 4279 Page: 15 REGISTER OF DEEDS PAGE: 2 of 2 Huskegon County Michigan 10/29/202109:50 AM DO2 5744659 AllamaMAMMERMBHilli Page 90 of 288 Page 91 of 288 Page 92 of 288 4/30/25, 4:14 PM about:blank 303 Terrace Point Circle Property Report Area of Interest (AOI) Information Area : 3,403.2 ft² Apr 30 2025 16:11:10 Eastern Daylight Time about:blank 1/9 Page 93 of 288 4/30/25, 4:14 PM about:blank Summary Name Count Area(ft²) Length(ft) Parcels 2 6,806.37 N/A Parcels Property Property Property Property Municipality Acreage per Acreage per # PIN Address Address Address Address Code GIS Assessor Number Direction Combined City 303 61-24-793- 1 24 0.08 0.08 303 No Data TERRACE MUSKEGON 000-0023-00 POINT CIR 61-24-793- TERRACE 2 24 3.99 10.05 0 No Data MUSKEGON 000-0000-00 POINT CIR Property Property Owner Owner Owner Owner Owner Care Owner # Address Address Zip Address Address Name 1 Name 2 Of Address State Code City State WING GREGORY 303 1 MI 49440 R/KAREN No Data No Data TERRACE MUSKEGON MI A/WING POINT CIR SEAN G TERRACE 600 POINT GRAND 2 MI 49440 No Data No Data BROADWAY MI LANDING RAPIDS NW #C1 LLC Owner State PRE Property School Assessed Taxable Property # Address Zip Equalized Homestead Class District Value Value Class Code Code Value Pct Description Code Residential - 1 49440 199,900.00 199,900.00 188,103.00 100 401 61010 Improved Non- Assessable 2 49504 0.00 0.00 0.00 0 6 61010 Permanent Reference about:blank 2/9 Page 94 of 288 4/30/25, 4:14 PM about:blank Zoning per Assessor # School District Name Tax Description Area(ft²) Primary CITY OF MUSKEGON TERRACE POINT LANDING SITE CONDO UNIT 23 FIRST AMENDMENT TO MASTER MUSKEGON CITY 1 PUD DEED 4059/643 SECOND 3,403.20 SCHOOL DIST AMENDMENT TO MASTER DEED 4070/329 ROAD RIGHT OF WAY TO CITY OF MUSKEGON 8/31/2017 L/P 4135/069 about:blank 3/9 Page 95 of 288 4/30/25, 4:14 PM about:blank 2 MUSKEGON CITY B-2 CITY OF MUSKEGON 3,403.16 SCHOOL DIST TERRACE POINT LANDING SITE CONDOMINIUM REFERENCE PARCEL FIRST AMENDMENT TO MASTER DEED 4059/643 SECOND AMENDMENT TO MASTER DEED 4070/329 THAT PART OF BLK 558 OF REVISED PLAT (OF 1903) OF CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN AS RECORDED IN L 3 OF PLATS P 71 MUSKEGON COUNTY RECORDS INCL ALL LANDS MADE BY LAND-FILL WHICH MAY HAVE BEEN SUBAQUEOUS LANDS AT TIME OF DEDICATION OF SD REVISED PLAT (OF 1903) DESC AS FOLS: COM @ INTSEC OF NELY LN TERRACE ST BEING SWLY LN BLK 557 OF SD REVISED PLAT (OF 1903) EXTND TO CTRLN OF VAC WATER ST TH 62D 44M 00S W ALG NELY LN SD TERRACE ST EXTND 381.45 FT TH WLY ALG NLY LN OF SD TERRACE ST ALG ARC OF A 302.48 FT RADIUS CURVE TO LEFT A DIST OF 269.86 FT TO LN BETWN LOT 5 & LOT 6 OF SD BLK 558 (LONG CHORD OF SD CURVE BEARS N 88D 17M 30S W 261.00 FT CENTRAL ANGLE OF SD CURVE IS 51D 07M 00S) TH N 46D 09M 15S W ALNG SD LN BETWN LOT 5 & LOT 6 A DIST OF 534.25 FT TO POB OF THIS DESC TH N 27D 25M 55S E 925.82 FT TO A POINT HEREINAFTER REFERRED TO AS "POINT A" TH CONT N 27D 25M 55S E 5 FT M/LTO SHORE OF MUSKEGON LAKE TH NWLY & SWLY ALG SHORE OF MUSKEGON LAKE 1350 FT M/L TO SD LN BETWN LOT 5 & LOT 6 OF BLK 558 TH S 46D 09M 15S E ALG SD LN BETWN LOT 5 & LOT 6 A DIST OF 620 FT M/L TO POB EXC THAT PT THEREOF INCL IN FOL DESCRIBED PARCEL: THAT PT OF BLKS 558 & 563 OF about:blank 4/9 Page 96 of 288 4/30/25, 4:14 PM about:blank REVISED PLAT (OF 1903) OF CITY OF MUSKEGON AS RECD IN L 3 OF PLATS P 71 MUSKEGON COUNTY RECORDS INC ALL LANDS MADE BY LAND-FILL WHICH HAVE BEEN SUBAQUEOUS LANDS AT TIME OF DEDICATION OF SD REVISED PLAT (OF 1903) DESC AS FOLS: COM @ INTSEC OF NELY LN OF TERRACE ST BEING SWLY LN OF BLK 557 OF SD REVISED PLAT (OF 1903) EXTND TO CTRLN OF VACATED WATER ST, THENCE N 62D 44M 00S W ALG NELY LN OF SD TERRACE ST EXTND 381.45 TH WLY ALG N LN OF SD TERRACE ST ALG ARC OF A 302.48 FT RADIUS CURVE TO LEFT DIST OF 477.51 FT (LONG CHORD OF SD CURVE BEARS S 72D 02M 30S W 429.45 FT CENTRAL ANGLE OF SD CURVE IS 90D 27M 00S) TH S 26D 49M 00S W ALG NWLY LN OF SD TERRACE ST 225.07 FT TO A PT HEREINAFTER REFERRED TO AS POB FOR EASMT TH NLY ALG ARC OF A 517.00 FT RADIUS CURVE TO RIGHT A DIST OF 705.40 FT (LONG CHORD OF SD CURVE BEARS N 23D 29M 25S W 651.95 FT CENTRAL ANGLE OF SD CURVE IS 78D 10M 34S) TH N 15D 35M 52S E 187.25 FT TH ELY, NLY & WLY ALG ARC OF A 75.00 FT RADIUS CURVE TO LEFT A DIST OF 232.88 FT (LONG CHORD OF SD CURVE BEARS N 18D 20M 25S W 149.98 FT CENTRAL ANGLE OF SD CURVE IS 177D 54M 42S) TO POB OF THIS DESC TH SWLY ALG ARC OF A 75.00 FT RADIUS CURVE TO LEFT A DIST OF 105.61 FT (LONG CHORD OF OF SD CURVE BEARS S 32D 21M 55S W 97.10 FT CENTRAL ANGLE OF SD CURVE IS 80D 40M 47S) TH N 61D 06M 15S W 138.74 FT TH SWLY ALG ARC OF A 172.00 FT about:blank 5/9 Page 97 of 288 4/30/25, 4:14 PM about:blank RADIUS CURVE TO RIGHT A DIST OF 89.58 FT (LONG CHORD OF SD CURVE BEARS S 58D 58M 45S W 68.55 FT CENTRAL ANGLE OF SD CURVE IS 29D 50M 00S TH S 73D 53M 45S W 127.91 FT TH N16D 06M 15S W 75 FT TH S 73D 53M 45S W 110.00 FT TH N 16D 06M 15S W 250 FT M/L TO WATERS EDGE OF MUSKEGON LAKE TO A PT HEREINAFTER REFERRED TO AS "POINT A" TH RECOM @ POB TH N 17D 17M 45S W 326.55 FT TH N 66D 15M 15S W 275 FT M/L TO WATERS EDGE OF MUSKEGON LAKE TH SWLY ALG SD WATER EDGE OF MUSKEGON LAKE 350 FT M/L TO ABOVE MENTIONED "POINT A" & FURTHER EXC: THIS PARCEL IS LOC IN CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN & IS DESCRIBED AS FOLS: PART OF BLK 558 OF REVISED PLAT OF 1903 OF CITY OF MUSKEGON AS RECORDED IN L 3 OF PLATS P 71 MUSKEGON COUNTY RECORDS DESC AS COM @ W MOST CORNER OF MUSKEGON LAKESHORE SMARTZONE CONDOMINIUM MUSKEGON COUNTY CONDOMINIUM SUBDIV NO 100 AS AMENDED TH N 27D 25M 55S E 196.94 FT ALG WLY LN OF SD CONDOMINIUM TO POB TH N 62D 05M 15S W 106.63 FT TH S 27D 54M 45S W 61 FT TO NLY LN OF TERRACE PT DRIVE TH NWLY ALG SD LN 91.59 FT ALG A 75.00 FT RADIUS TO LEFT CHORD OF WHICH BEARS N 62D 06M 15S W 86.00 FT TH N 27D 54M 45S E 127.68 FT TH S 62D 05M 15S E 192.07 FT TO WLY LN OF AFORESAID CONDOMINIUM TH S 27D 25M 55S W 55 FT ALG SD LN TO POB ABOVE OVERALL PARCEL IS MORE PARTICULARLY DESC AS: THAT PART OF about:blank 6/9 Page 98 of 288 4/30/25, 4:14 PM about:blank BLK 558 OF REVISED PLAT (OF 1903) OF CITY OF MUSKEGON MUSKEGON COUNTY MICHIGAN AS RECORDED IN L 3 OF PLATS P 71 MUSKEGON COUNTY RECORDS INC ALL LANDS MADE BY LAND- FILL WHICH MAY HAVE BEEN SUBAQUEOUS LANDS @ TIME OF DEDICATION OF SD REVISED PLAT (OF 1903) DESC AS FOLS: COM @ INTSEC OF NELY LN OF TERRACE ST BEING SWLY LN OF BLK 557 OF SD REVISED PLAT (OF 1903) EXTND TO CTRLN OF VACATED WATER ST SD PT BEING N 62D 44M 00S W 667.24 FT FROM SLY MOST CORNER OF BLK 556 OF SD PLAT TH ALG NLY LN OF TERRACE ST EXTD N 62D 44M 00S W 381.45 FT TH WLY ALG NLY LN SD TERRACE ST 269.88 FT ALG ARC OF A 302.48 FT RADIUS CURVE TO LEFT CHORD OF WHICH BEARS N 88D 17M 30S W 261.00 FT TO LN BETWN LOT 5 & LOT 6 OF SD BLK 558 TH ALG SD LN BETWN LOTS 5 & 6 OF BLK 558 N 46D 09M 15S W 534.25 FT TO W MOST CORNER OF MUSKEGON LAFESHORE SMARTZONE SITE CONDOMINIUM FOR POB TH N 46D 09M 15S W 96.26 FT TO ELY ROW LN OF OF TERRACE POINT DRIVE TH ALG SD ELY ROW LN NELY 125.20 FT ALG ARC OF A 75.00 FT RADIUS CURVE TO LEFT CHORD OF WHICH BEARS N 20D 46M 30S E 111.16 FT TH N 27D 54M 45S E 61.68 FT TH S 62D 05M 15S E 106.63 FT TO W LN OF MUSKEGON LAKESHORE SMARTZONE SITE CONDOMINIUM TH ALG W LN OF SD CONDOMINIUM S 27D 25M 55S W 196.94 FT TO POB (CONTS 0.39+/- ACRES (17,073 +/- SQ FT) ALSO THAT PART OF BLK 558 OF REVISED PLAT (OF 1903) OF CITY OF MUSKEGON about:blank 7/9 Page 99 of 288 4/30/25, 4:14 PM about:blank MUSKEGON COUNTY MICHIGAN AS RECORDED IN L 3 OF PLATS P 71 MUSKEGON COUNTY RECORDS INCL ALL LANDS MADE BY LAND- FILL WHICH MAY HAVE BEEN SUBAQUEOUS LANDS AT TIME OF DEDICATION OF SD REVISED PLAT (OF 1903) DESC AS FOLS: COM @ INTSEC OF NELY LN OF TERRACE ST BEING SWLY LN OF BLK 557 OF SD REVISED PLAT (OF 1903) EXTND TO CTRLN OF VACATED WATER ST SD PT BEING N 62D 44M 00S W 667.24 FT FROM SLY MOST CORNER OF BLK 556 OF SD PLAT TH ALG NLY LN OF TERRACE ST EXTND N 62D 44M 00S W 381.45 FT TH WLY ALG NLY LN OF SD TERRACE ST 289.88 FT ALG ARC OF A 302.48 FT RADIUS CURVE TO LEFT CHORD OF WHICH BEARS N 88D 17M 30S W 261.00 FT TO LN BEWTN LOT 5 & LOT 6 OF SD BLK 558 TH ALG SD LN BETWN LOTS 5 & 6 OF BLK 558 N 46D 09M 15S W 534.25 FT TO WESTERN MOST CORNER OF MUSKEGON LAKESHORE SMARTZONE SITE CONOMINIUM TH ALG W LN OF SD CONDOMINIUM N 27D 25M 55S TH S 27D 25M 55S E 254.94 FT FOR POB TH N 62D 05M 15S W 192.07 FT TH S 27D 54M 45S W 127.66 FT TO NLY ROW LN OF TERRACE POINT DRIVE TH ALG SD NLY ROW LN SWLY 13.48 FT ALG ARC OF A 75 FT RADIUS CURVE TO LEFT CHORD OF WHICH BEARS S 78D 08M 0S W 13.44 FT TH N 17D 17M 45S W 326.55 FT TH N 56D 15M 15S W 230.94 FT TO INTSEC WITH AN INTMED TRAVERSE LN ALG SHORE OF MUSKEGON LAKE SD PT HEREINAFTER REFERRED TO AS PT "C" TH CONT N 66D 15M 15S W 49 FT M/L TO SHORE OF MUSKEGON LAKE: RECOM AT PT "C" TH ALG about:blank 8/9 Page 100 of 288 4/30/25, 4:14 PM about:blank ON INTMED TRAVERSE LN FOR NEXT SIX CALLS N 41D 44M 46S E 113.57 FT TH N 15D 21M 18S E 181.94 FT TH N 31D 43M 46S E 110.75 FT TH N 62 D 38M 50S E 87.06 FT TH S 85D 52M 23S E 237.98 FT TH S 61D 54M 10S E 398.75 FT TO W LN OF MUSKEGON LAKESHORE SMARTZONE SITE CONDOMINIUM SD PT HEREINAFTER REFERRED TO AS POINT "D" TH ALG W LN OF SD CONDOMINIUM N 27D 25M 55S E 28 FT M/L TO SHORE OF MUSKEGON LAKE; RECOM @ PT "D" TH ALG W LN OF SD CONDOMINIUM S 27D 25M 55S W 641.57 FT TO POB INCL ALL LANDS LYING BETWN INTMED TRAVERSE LN & WATERS EDGE OF MUSKEGON LAKE AS IT MAY OCCUR FROM DAY TO DAY CONTS 10.05 +/- ACRES (437,562 */- SQ FT) ROAD RIGHT OF WAY TO CITY OF MUSKEGON 8/31/2017 L/P 4135/069 ©2020 Muskegon County GIS Data reported herein is believed to be accurate and up to date, however Muskegon County and Muskegon County GIS make no warranty to the accuracy of the data. It is advised that before any decisions are made from this data, that the local assessor or building officials are contacted. about:blank 9/9 Page 101 of 288 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: May 13, 2025 Title: Approval of Minutes Submitted by: Ann Meisch, City Clerk Department: City Clerk Brief Summary: To approve minutes of the April 22, 2025, 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 102 of 288 CITY OF MUSKEGON CITY COMMISSION MEETING April 22, 2025 @ 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, April 22, 2025. Pastor Rob Renberg from Anchor Point Bible Church, opened the meeting with prayer, after which the Commission and public recited the Pledge of Allegiance to the Flag. ROLL CALL Present: Mayor Ken Johnson, Vice Mayor Rebecca St. Clair, Commissioners Katrina Kochin, Jay Kilgo, Destinee Keener, Willie German, Jr., and Rachel Gorman (arrived at 6:30 p.m.), City Manager Jonathan Seyferth, City Attorney John Schrier, and City Clerk Ann Marie Meisch HONORS, AWARDS, AND PRESENTATIONS A. Fresh Coast Climate Solutions - Climate Action Plan Manager's Office REMOVED PER STAFF REQUEST 2025-32 PUBLIC HEARINGS A. Neighborhood Enterprise Zone Certificates for 346 Wood St., 320 Wood St., 209 Merrill Ave., 213 Merrill Ave., and 436 Charles St. Economic Development Staff is requesting the approval of Neighborhood Enterprise Zone (NEZ) certificates for 15 years for new construction homes at 346 Wood St., 320 Wood St., 209 Merrill Ave., 213 Merrill Ave., and 436 Charles St. An application for a Neighborhood Enterprise zone (NEZ) certificate has been received from Stephens Homes and Investments for the new construction of homes at 346 Wood St., 320 Wood St., 209 Merrill Ave., 213 Merrill Ave., and 436 Charles St. The cost of construction is between $140,000 and $210,000 per home. The applicant has met local and state requirements for the issuance of Page 1 of 12 Page 103 of 288 the NEZ certificate. STAFF RECOMMENDATION: I move to close the public hearing and approve the Neighborhood Enterprise Zone (NEZ) certificates for 15 years at 346 Wood St., 320 Wood St., 209 Merrill Ave., 213 Merrill Ave., and 436 Charles St. and authorize the City Clerk and Mayor to sign the certificate and resolution. The public hearing opened to hear and consider any comments from the public. No public comments were made. Motion by Commissioner Keener, second by Commissioner Kochin, to close the public hearing and approve the Neighborhood Enterprise Zone (NEZ) certificates for 15 years at 346 Wood St., 320 Wood St., 209 Merrill Ave., 213 Merrill Ave., and 436 Charles St. and authorize the City Clerk and Mayor to sign the certificate and resolution. ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, German, and Kochin Nays: None MOTION PASSES B. Neighborhood Enterprise Zone Certificate - 328 Terrace Point Circle Economic Development Staff is requesting the approval of a Neighborhood Enterprise Zone (NEZ) certificate for 12 years for a new construction home at 328 Terrace Point Circle. An application for a Neighborhood Enterprise Zone (NEZ) certificate has been submitted by Katherine M. Kesteloot-Scarbrough for a new construction home at 328 Terrace Point Circle. The estimated construction cost is $600,000. The application meets all local and state requirements for NEZ certification. Included in your materials are the NEZ resolution for Terrace Point Landing and a map outlining the NEZ boundaries for your review. STAFF RECOMMENDATION: I move to close the public hearing and approve the Neighborhood Enterprise Zone certificate for 12 years at 328 Terrace Point Circle and authorize the City Clerk and Mayor to sign the certificate and resolution. The public hearing opened to hear and consider any comments from the public. No public comments were made. Motion by Commissioner Keener, second by Vice Mayor St.Clair, to close the public hearing and approve the Neighborhood Enterprise Zone certificate for 12 years at 328 Terrace Point Circle and authorize the City Clerk and Mayor to sign the certificate and resolution. ROLL VOTE: Ayes: Johnson, Kilgo, Keener, German, Kochin, and St.Clair Nays: None MOTION PASSES Page 2 of 12 Page 104 of 288 C. Neighborhood Enterprise Zone Certificate - 312 Jackson Ave. Economic Development Staff is requesting the approval of a Neighborhood Enterprise Zone (NEZ) certificate for 15 years for a new construction home at 312 Jackson Ave. An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received from Sjaarda Homes and Properties LLC for a new construction home (3 bedrooms, 2 baths) at 312 Jackson Ave. The cost of construction is approximately $157,000. The applicant has met local and state requirements for the issuance of the NEZ certificate. STAFF RECOMMENDATION: I move to close the public hearing and approve the Neighborhood Enterprise Zone certificate for 312 Jackson Ave. and authorize the City Clerk and Mayor to sign the certificate and resolution. The Public hearing opened to hear and consider any comments from the public. No public comments were made. Motion by Commissioner Kochin, second by Commissioner Keener, to close the public hearing and approve the Neighborhood Enterprise Zone certificate for 15 years at 312 Jackson Ave. and authorize the City Clerk and Mayor to sign the certificate and resolution. ROLL VOTE: Ayes: Kilgo, Keener, German, Kochin, St.Clair, and Johnson Abstain: Gorman Nays: None MOTION PASSES FEDERAL/STATE/COUNTY OFFICIALS UPDATE No comments were made. PUBLIC COMMENT ON AGENDA ITEMS No public comments were made. 2025-33 CONSENT AGENDA A. Approval of Minutes City Clerk To approve minutes of the April 7, 2025, Worksession Meeting, and the April 8, 2025, City Commission Meeting. STAFF RECOMMENDATION: Approval of the minutes. B. Fresh Coast Climate Solutions - Climate Action Plan Manager's Office REMOVED PER STAFF REQUEST Page 3 of 12 Page 105 of 288 C. FY26 Chip Seal Program Public Works Staff requests approval to enter into a contract with Pavement Maintenance Systems in the amount of $258,245 for chip seal and fog seal services in the 2025-26 fiscal year. Chip sealing has long been acknowledged as one of the most cost-effective ways of extending the life of a street. When applied at the right time, it can extend the life of a roadway by five or even ten years. It works by placing a water-tight seal on the pavement, and then covering that seal in "chips" (small rocks) that give friction back to the road surface. By keeping the water out, and preventing oxidization by the sun, two of the main sources of road deterioration are reduced. While chip seals are more traditionally seen in rural areas, they are becoming increasingly common in urban areas as well. The Muskegon County Road Commission, for example, has placed chip seals on Sherman Boulevard east of US-31 and on Sternberg Road east of Harvey Street, both high-traffic urban areas. Staff have carefully selected roadways that fit the criteria for successful chip seals, which are listed here: • Sherman from Beach to Lincoln • Getty from Marquette to US-31BR (Access Highway) • Broadmoor from Marquette to Brusse • Marquette from Harvey to Quarterline • Quarterline from Marquette to Stebbins The low bidder, Pavement Maintenance Systems, included a qualifier that their schedule for the 2025 construction season is nearly full, and they may not be able to accomplish the work yet this season. They have agreed to a deadline of June 30, 2026, so the work will be complete no later than next spring. The work will fall into next fiscal year (2025-26), and both the DPW Director and Manager agree that the Streets Fund Budget will easily accommodate this work and plan to include it in the FY26 budget presented to the Commission. STAFF RECOMMENDATION: I move to approve staff to enter into a contract with Pavement Maintenance Systems in the amount of $258,245 for chip seal and fog seal services in the 2025-26 fiscal year. D. Qualitative Assessment Contract Assignment Manager's Office Staff is requesting permission to assign the phase 2 qualitative assessment contract with MGT to Mitchell Consulting Group, LLC. In January of 2024, commission approved a contract with MGT to review a number of city policies for their impact on equity and provide recommendations for changes to existing policies as well as for new policies that further our efforts to realize our equity vision. The last phase of the project Page 4 of 12 Page 106 of 288 includes a qualitative assessment of our organization's strengths, weaknesses, and readiness to embrace these principles. Staff focus groups will be the primary mode of understanding the state of our current organization. MGT has recently modified its business model, phasing out cultural transformation solution offerings. They are requesting that the last portion of our contract be reassigned to Mitchell Consulting Group, LLC for administration. Vernetta Mitchell of Mitchell Consulting Group, LLC will serve as a Senior Technical Advisor who will review all draft and final deliverables on the project. Vernetta is a former MGT Director and close partner. Zunilda Rodriguez, the current MGT Project Director, will continue to manage the project and lead the team, lead client-facing meetings, and will direct all client deliverables across the project. Banen Al-Sheemary, a MGT Senior Consultant, will also continue to support all client-facing meetings and deliverables across the project. A capability statement for Mitchell Consulting Group, LLC is included for your reference. There will be no change to the contract price which will be included in the FY 2025/26 budget. STAFF RECOMMENDATION: to approve the contract assignment to Mitchell Consulting Group, LLC. E. Amendment to the zoning ordinance - Planned Unit Development (PUD) compliance (SECOND READING) Planning Staff-initiated request to amend Section 2101 of the zoning ordinance to require the Zoning Administrator to review all Planned Unit Development sites for accuracy before a certificate of occupancy can be issued for any building. Staff is proposing to add additional language to the PUD regulations that requires the Zoning Administrator to ensure compliance with the site plan before a certificate of occupancy can be obtained for a building. There have been some issues over the years with some PUDs receiving a certificate of occupancy without fully complying with the approved site plan. Most recently, the absence of this proposed language has caused confusion in the Harbour Towne development regarding the installation of sidewalks. A certificate of occupancy is issued by the Inspections Department. If the amendment is approved, the Inspections Department would require the Zoning Administrator to sign off on the project before the certificate of occupancy is issued. The Planning Commission recommended a different wording for the ordinance amendment. They unanimously recommended in favor (6-0, 3 members absent) of the following ordinance language: Section 2101 6. The Zoning Administrator shall ensure reasonable progress is being made to comply with all of the provisions and requirements of the PUD plan and construction and placement of all of the improvements therein before a certificate of occupancy may be issued for any building within the PUD. Before a certificate of occupancy for the final elements of the PUD, the Zoning Page 5 of 12 Page 107 of 288 Administrator shall ensure complete compliance with all of the provisions and requirements of the PUD plan and construction and placement of all of the improvements therein before a certificate of occupancy is issued. STAFF RECOMMENDATION: I move to approve the amendment to Section 2101 of the zoning ordinance as proposed by the Planning Commission. F. Ordinance Amendment - International Property Maintenance Code (SECOND READING) Public Safety Building codes are currently enforced by the 2015 International Property Maintenance Code and need to be updated to follow the 2021 version. City of Muskegon Building Inspections follow the International Property Maintenance Code (IPMC) to enforce property maintenance. Ordinances are currently written to follow the 2015 code but need to be updated to reflect the 2021 IPMC. Adopting the 2021 IPMC ensures consistent, minimum standards for property maintenance, promotes public health and safety and provides clear expectations for property owners and occupants. STAFF RECOMMENDATION: I move to adopt the 2021 International Property Maintenance Code for all city ordinances. G. Health and Dental Care Renewal Finance To approve the renewal of Priority Health as the City’s fully insured health care provider and the Third Party Administrator for City’s self-funded health care plan. And to renew Delta Dental as the City’s dental insurance provider. STAFF RECOMMENDATION: To approve the renewal of Priority Health as the City's fully insured health care provider and the Third Party Administrator for City's self-funded health care plan. And to renew Delta Dental as the City's dental insurance provider. H. Sale of 436 Adams Planning Staff is seeking authorization to sell the City-owned vacant lot at 436 Adams to Ryskamp Properties 10 LLC (Dave Ryskamp). Ryskamp Properties 10 LLC (Dave Ryskamp) would like to purchase the City- owned buildable lot at 436 Adams for $3,000 (75% of the True Cash Value of $4,000) plus half of the closing costs, and the fee to register the deed. Ryskamp Properties 10 LLC (Dave Ryskamp) will be constructing a duplex on the property. STAFF RECOMMENDATION: Authorize staff to sell the City-owned vacant lot at 436 Adams to Ryskamp Properties 10 LLC (Dave Ryskamp). K. Contract Award - City Signage Public Works Page 6 of 12 Page 108 of 288 Staff is requesting authorization to enter into a contract with Port City Signs in the amount not to exceed $130,913 for the production and installation of various signs throughout the city. To improve consistency, visibility, and wayfinding across Muskegon, staff released a Request for Proposals (RFP) for a comprehensive signage upgrade. The RFP covers multiple categories: 1. New Park Signs – Replacing aging wooden signs at city parks with modern, durable signage that reflects the city's brand and highlights park amenities. 2. Public Waterfront Access Signs – Installing directional signage for both vehicles and pedestrians to mark public access points along Muskegon Lake. 3. Winter Parking + Welcome Signs – At the direction of the City Commission, new signs outlining winter parking rules will be added at major city entry points. At the same time, existing “Welcome to Muskegon” street-style signs at those locations will be updated for consistency. 4. Municipal Building Signage – Updating exterior signage at City Hall, the Department of Public Works, fire stations, and the Water Filtration Plant to improve visibility and identification. The City received eight bids for the project, ranging from $107,899 to over $256,000. Staff recommends awarding the contract to Port City Signs, the lowest bidder at $107,899.94 plus the option cost of $23,013.62 for a total cost of $130,913. Port City Signs is a local contractor and has previously completed signage work for the City of Muskegon. The total project cost will be shared across multiple departmental budget accounts. STAFF RECOMMENDATION: Move to authorize staff to enter into a contract with Port City Signs, not to exceed $130,914 for the production and installation of various signs throughout the city. M. Design and Construction Engineering Services for Industrial Park and Sherman Lift Station Improvements Public Works Staff is requesting approval of a contract with Fleis & VandenBrink for Engineering Services in the amount of $41,800. Proposals were received from Engineering Consultants to provide Design and Construction Engineering Services for Improvements to the Industrial Park and Sherman Street Lift Stations. The proposals were reviewed and evaluated based on project team, Project Understanding, Cost, and Location. Fleis & VandenBrink was rated the highest and was also the consultant with the lowest cost for the proposed services. Page 7 of 12 Page 109 of 288 STAFF RECOMMENDATION: I move to authorize staff to enter into an agreement with Fleis & VandenBrink in the amount of $41,800 for the Design and Construction Engineering Services requested for the Industrial Park and Sherman Street Lift Stations. N. Parking Enforcement Management System Public Safety REMOVED PER STAFF REQUEST Motion by Commissioner German, second by Commissioner Keener, to approve the consent agenda as presented minus items I, J, and L. ROLL VOTE: Ayes: Keener, German, Gorman, Kochin, St.Clair, Johnson, and Kilgo Nays: None MOTION PASSES 2025-34 ITEMS REMOVED FROM THE CONSENT AGENDA I. Contract Award - Amity Street Extra Work DPW- Engineering Staff is requesting authorization to enter into a contract with AnLaan Corporation in the amount of $141,863.92 for the reconstruction of Amity Street, from the bridge to Fork. The City is currently under contract with AnLaan (via MDOT) to replace the Amity Avenue Bridge. That project does not include the half block of roadway from the bridge to Fork Street. In discussions with MDOT, because bridge funds were used for that project, the extra work cannot be added to it (since this is considered road work). If this work is not completed, this 300 foot section of Amity will be the only part in the middle of about three-quarters of a mile that has not been rebuilt, and the work will include replacing the lead service lines as well. Staff requests authorization to enter into a contract with AnLaan to complete a road reconstruction project on the remaining half block of Amity. Unit prices were submitted by AnLaan for work items that were not included in the MDOT project. Items of work that were included in the MDOT project, AnLaan has agreed to match the unit pricing. While this additional work contract was not publicly bid separately, staff is confident AnLaan is the most economical and efficient option for this work. The bidding process would add additional time and complicate construction methods if another contractor is selected. The unit prices submitted are also very reasonable; the existing contract was bid competitively through the MDOT bidding process and MDOT awarded the contract to AnLann at over 20% below the Engineer's Estimate. The cost will likely fall in FY26 but if the project moves more quickly, staff will adjust the Page 8 of 12 Page 110 of 288 budget at the Q4 reforecast. The streets fund has reserves to cover this expense. STAFF RECOMMENDATION: Move to authorize staff to enter into a contract with AnLaan Corporation in the amount of $141,863.92 for the reconstruction of Amity Street, from the bridge to Fork. Motion by Commissioner Kilgo, second by Vice Mayor St.Clair, to authorize staff to enter into a contract with AnLaan Corporation in the amount of $141,863.92 for the reconstruction of Amity Street, from the bridge to Fork. ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, Kilgo, and Keener Nays: None MOTION PASSES J. Special Event Policy Update DPW- Parks and Recreation Recommended update to the special event policy to not allow a food vendor within 20 feet of the entrance door or service window of an existing restaurant. As previously discussed, this update to the special event policy provides guidance on food vendor placement for events. Allowing 20 feet on either side of a restaurant's entrance or service window to be free from a food vendor would keep restaurants visible during festivals and leave spaces for event organizers to place food vendors within their footprint. STAFF RECOMMENDATION: I move to approve the proposed addition to the special event policy to not allow a food vendor to be placed within 20 feet of a restaurant's entrance door or service window. Motion by Commissioner Kochin, second by Commissioner Gorman, to approve the proposed addition to the special event policy to not allow a food vendor to be placed within 20 feet of a restaurant's entrance door or service window. ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, Keener, and German Nays: None MOTION PASSES L. 880 First Street Demo Asbestos Change Order #2 Economic Development City staff requests approval of Asbestos Abatement Inc.'s proposal for additional asbestos abatement work to proceed with the approved demolition of the 880 First St. structure. Page 9 of 12 Page 111 of 288 The City of Muskegon solicited bids from qualified contractors for the demolition of the building located at 880 First St., Muskegon, MI 49440. The scope of work includes complete demolition and removal of the structure, including all foundations and footings, backfilling the site, hydroseeding, and asbestos abatement. The primary objective is to eliminate blight, improve the area's aesthetic appeal, and encourage economic development by preparing the site for future opportunities. Asbestos Abatement Inc. was awarded the bid by the City Commission on October 8, 2024. Additional asbestos containing material was found on the lower roof flashing. AAI has completed an asbestos survey, and the report is available for your review. To proceed with demolition, asbestos abatement must be completed. Scope of Work: Removal and disposal of asbestos containing lower roof flashing beneath poured concrete deck. Required personal air monitoring and clearances included. Continuous third- party air monitoring not included. State notification and permits included. Total Cost: $53,562 STAFF RECOMMENDATION: I move to approve the asbestos abatement proposal submitted by Asbestos Abatement Inc. for the property located at 880 First St., Muskegon, MI 49440, in the amount of $53,562. Motion by Vice Mayor St.Clair, second by Commissioner Kochin, to approve the asbestos abatement proposal submitted by Asbestos Abatement Inc. for the property located at 880 First St., Muskegon, MI 49440, in the amount of $53,562. ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener, German, and Gorman Nays: None MOTION PASSES 2025-35 NEW BUSINESS A. Pole Banner Policy DPW- Parks Staff requests approval of a new Pole Banner Policy in response to an increasing number of requests. A new pole banner policy is being proposed to create a consistent process in which requests can be received to display a banner on a city-owned light pole. An application can be submitted by an educational institution or an event organizer that has been approved through the special event process. The City Manager or their designee will review the application for community benefit and design quality. The Department of Public Works will review the Page 10 of 12 Page 112 of 288 application with regard to logistics and scheduling conflicts with other requests. Applicants will have a $50 application fee for new images. An image can be used for an additional 4 years at no additional charge. Many of the specific rules and statements in the policy are a direct outcome of a detailed legal review. There is an existing fee, created in 2008 in the user fee schedule, to "Hang And/Or Remove Banner" of $450 for each request and $50 for each additional banner. The proposed fee to install and remove banners was based on a study of the average amount of time it takes to install a banner multiplied by staff hourly rates and equipment rates. This came out to be $75 per pole to install and remove each banner. Staff estimates there are about 80 poles throughout the City, concentrated in Downtown, Midtown (Third Street southeast of Muskegon Ave), and Lakeside. There are 14 poles identified in Downtown and Lakeside, which are more regularly used by existing approved users. The cost of hanging banners on these poles was cut in half, because staff would be able to remove the previous banner at the same time as installing the next banner. STAFF RECOMMENDATION: I move to approve the Pole Banner Policy as presented. Motion by Commissioner Kilgo, second by Vice Mayor St.Clair, to approve the Pole Banner Policy as presented. ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, German, and Gorman Nays: Kochin MOTION PASSES ANY OTHER BUSINESS Commissioner Gorman commented that the Michigan Strategic Fund did approve the Transformational Brownfield Credit for Shaw Walker and she wanted to recognize our Development Services Team and City Manager for all they have done. Vice Mayor St.Clair stated that Pere Marquette Beach has been nominated by USA Today for the 10 Best Beaches in Michigan. Make sure you vote. Commissioner Kochin stated that today is Earth Day and there are a lot of businesses in the City doing a great job cleaning up the City. She also mentioned that early voting is coming up next week. City Manager Jonathan Seyferth stated the Development Services Office work has been nominated for an Ivory Housing Prize, we are now in the top 10 finalists for the infill housing program. Mayor Johnson mentioned the opportunities to volunteer to clean-up beaches: Thursday, April 24th at 7:00 p.m. at Pere Marquette Beach, and Sunday April 27th at 8:30 a.m. at the AFL CIO Hall on Western Avenue and choose a spot to clean. Page 11 of 12 Page 113 of 288 GENERAL PUBLIC COMMENT Public comments received. 2025-36 CLOSED SESSION A. Attorney/Client Confidential Communication Manager's Office Motion by Vice Mayor St.Clair, second by Commissioner Kilgo, to go into closed session to consider material exempt from discussion and disclosure by State or Federal Statute, being an attorney client communication. ROLL VOTE: Ayes: Keener, German, Gorman, Kochin, St.Clair, Johnson, and Kilgo Nays: None MOTION PASSES Motion by Commissioner Kochin, second by Commissioner Kilgo, to come out of closed session. ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, Kilgo, and Keener Nays: None MOTION PASSES ADJOURNMENT The City Commission meeting adjourned at 9:26 p.m. Respectfully Submitted, Ann Marie Meisch, MMC City Clerk Page 12 of 12 Page 114 of 288 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: May 13, 2025 Title: Sale of 283 & 287 E Walton Submitted by: Samantha Pulos, Code Department: Planning Coordinator Brief Summary: Staff is seeking authorization to sell the City-owned vacant lots at 283 & 287 E Walton to Sjaarda Homes and Properties LLC (Derek Sjaarda). Detailed Summary & Background: Sjaarda Homes and Properties LLC (Derek Sjaarda) would like to purchase the City-owned buildable lots at 283 & 287 E Walton for $3,000 (75% of the True Cash Value of $4,000) plus half of the closing costs, and the fee to register the deed. Sjaarda Homes and Properties LLC (Derek Sjaarda) will be constructing a single-family home on each of the properties. Goal/Focus Area/Action Item Addressed: Key Focus Areas: Goal/Focus Area/Action Item Addressed: Create an environment that effectively attracts new residents and retains existing residents by filling existing employment gaps, attracting new and diverse businesses to the city, and expanding access to a variety of high-quality housing options in Muskegon. Diverse housing types. Goal/Action Item: 2027 Goal 2: Economic Development Housing and Business Amount Requested: Budgeted Item: n/a Yes No N/A x Fund(s) or Account(s): Budget Amendment Needed: n/a Yes No N/A x Recommended Motion: Authorize staff to sell the City-owned vacant lot at 283 & 287 E Walton to Sjaarda Homes and Properties LLC (Derek Sjaarda). Approvals: Guest(s) Invited / Presenting: Page 115 of 288 Immediate Division x No Head Information Technology Other Division Heads x Communication Legal Review Page 116 of 288 PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement (“Agreement”) is made May 13, 2025 (“Effective Date”), between the City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440 (“City”), and Sjaarda Homes and Properties LLC, 15131 Blueberry Ct, West Olive MI, 49460 (“Developer”), with reference to the following facts: Background A. Developer proposes to purchase and develop two (2) vacant properties owned by the City which are located in the City of Muskegon, Muskegon County, Michigan, and each commonly known and legally described on the attached Exhibit A (each property individually, a “Parcel” and collectively “Project Properties”). B. City and Developer desire to establish the terms, covenants, and conditions upon which City will sell and Developer will purchase and develop the Project Properties. Developer intends to develop on each of the Project Properties one (1) single-family home, for a total of two single-family homes. (the “Project”). Therefore, for good and valuable consideration, the parties agree as follows: 1. Sale and Purchase of Project Properties. City agrees to sell to Developer, and Developer agrees to purchase from City, on the terms and subject to the conditions set forth in this Agreement, the Project Properties, subject to reservations, restrictions, and easements of record. 2. Purchase Price. The total purchase price for the Project Properties shall be $3,000.00, which shall be paid in cash or other immediately available funds at Closing (defined below) less the $800 deposit that the Developer has paid to the City of Muskegon. Pursuant to Paragraph 3(b) below, the parties acknowledge and agree that Developer shall be eligible to be reimbursed all or a portion of the purchase price for the Parcel upon the completion of certain design standards as further described herein. 3. Construction and Development Requirements. a. Construction Dates. The parties acknowledge and agree that Developer shall have a period of eighteen (18) months from the date of Closing to complete the Project (“Construction Period”), except as otherwise provided in this Agreement or as otherwise mutually agreed upon by the parties in writing. b. Construction Details; Purchase Price Reimbursement. Developer’s construction and development of the Project properties, including single-family homes, duplexes, triplexes, and accessory dwelling units, shall be in substantial conformance with its plans and specifications provided to City by Developer or as otherwise agreed upon in writing between City and Developer. As referenced above, Developer shall be eligible for reimbursement of all or a portion of the purchase price for the Project properties upon Developer’s satisfaction of the following design standards for each single-family home, duplex, triplex, and accessory dwelling unit it constructs on the Project properties. If the Project includes an accessory dwelling unit, both the primary dwelling unit (single-family home, duplex, triplex) and the accessory dwelling unit must meet the design standards outlined below to be eligible for reimbursement. Page 117 of 288 Design Standard Purchase Price Reimbursement for Parcel Open front porch of at least 60 sq. ft. 20% Picture or bay window 20% Alley-loaded parcel 20% Shutter or other acceptable window 20% treatments Underground Sprinkling 20% (By way of example only: If Developer completes three of the design standards listed above for the construction at the Parcel located at 283 E Walton, Developer would be reimbursed $1,800.00, which is 60% of the $3,000.00 purchase price for this Parcel. If Developer completes all five design standards, Developer would be reimbursed the entire purchase price for this Parcel. If Developer builds a duplex or small multiplex, Developer would be reimbursed 100% of the purchase price for this Parcel.) 4. Right of Reversion. Notwithstanding anything herein to the contrary, and as security for Developer’s obligation to commence and complete construction of a single-family home on each of the Project Properties, the quit claim deed conveying the Project properties to Developer shall contain a right of reversion in all of the Project Properties (“City’s Reversionary Right”), which may be exercised by City, in its sole and absolute discretion, if any of the following conditions occur: a. Developer does not commence construction within sixty (60) days after the date of Closing, in which case title to all of the Project properties shall automatically revert to City upon the terms and conditions further provided in this Paragraph 4 below. For purposes of this Paragraph 4(a), commencing construction means furnishing labor and materials to the Parcel of the Project properties and beginning installation of each of the approved single-family homes. b. Developer does not complete construction of the Project Properties prior to expiration of the Construction Period, in which case title to any of the Project Properties that are not complete by the end of the Construction Period shall automatically revert to City upon the terms and conditions further provided in this Paragraph 4 below. For purposes of this Paragraph 4(b), completing construction means the issuance of an occupancy permit by City for the Project Properties. Provided, however, the parties agree to reasonably negotiate an extension of the Construction Period up to a period of six (6) months for the Project Properties that have a completed foundation before the expiration of the initial Construction Period. If any of the above conditions occur, City shall automatically have City’s Reversionary Right to reacquire title to the Project Properties, as the case may be. To exercise City’s Reversionary Right described herein, City must provide written notice to Developer (or its permitted successors, assigns, or transferees) within thirty (30) days of Developer’s failure under this Agreement, but in any event prior to Developer satisfying the conditions set forth in Paragraph 4(a) or Paragraph 4(b) above, as the case may be, and record such notice with the Muskegon County Register of Deeds. Upon request of City, Developer shall take all reasonable steps to ensure City acquires marketable title to the Project properties, as the case may be, through its exercise of its rights under this Paragraph within thirty (30) days of City’s demand, including without limitation, the execution of appropriate deeds and other documents. In addition, if the Project properties revert to City, City may retain the purchase price for such Project properties free and clear of any claim of Developer or its assigns. In the event of reversion of title of the Page 118 of 288 Project properties, improvements made on such Project properties shall become the property of City. In no event shall the Project properties be in a worse condition than upon the date of Closing. These covenants and conditions shall run with the land and be recorded in the quit claim deed from City to Developer. 5. Title Insurance. Within five (5) days after the Effective Date, Developer shall order a title commitment for an extended coverage ALTA owner’s policy of title insurance issued by Transnation Title Agency (the “Title Company”) for the Project properties in the amount of the total purchase price for the Project properties and bearing a date later than the Effective Date, along with copies of all of the underlying documents referenced therein (the “Title Commitment”). Developer shall cause the Title Company to issue a marked-up commitment or pro forma owner’s policy with respect to the Project properties at the Closing naming Developer as the insured and in form and substance reasonably satisfactory to Developer, but subject to Permitted Exceptions (defined below). As soon as possible after the Closing, Developer shall cause the Title Company to furnish to Developer an extended coverage ALTA owner’s policy of title insurance with respect to the Project properties (the “Title Policy”). City shall be responsible for the cost of the Title Policy; provided, however, Developer shall be solely responsible for the cost of any endorsements to the Title Policy that Developer desires. 6. Title Objections. Developer shall have until the end of the Inspection Period (as defined below) within which to raise objections to the status of City’s title to the Project properties. If objection to the title is made, City shall have seven (7) days from the date it is notified in writing of the particular defects claimed to either (a) remedy the objections, or (b) notify Developer that it will not remedy the objections. If Developer does not notify City in writing as to any title or survey objections, then Developer will be deemed to have accepted the condition of title as set forth in the Title Commitment. If City is unwilling or unable to remedy the title or obtain title insurance over such defects within the time period specified, then notwithstanding anything contained herein to the contrary, Developer may, at its option, upon written notice to City, either (i) terminate this Agreement and neither City nor Developer shall have any further obligation to the other pursuant to this Agreement, except as otherwise provided herein, or (ii) waive such objection, in which case such objection shall become a Permitted Exception, and thereafter proceed to the Closing according to the terms of this Agreement. Any matter disclosed on the Title Commitment that is waived or not objected to by Developer shall be deemed a “Permitted Exception.” 7. Property Taxes and Assessments. City shall be responsible for the payment of all real estate taxes and assessments that become due and payable prior to Closing, without proration. Developer shall be responsible for the payment of all real estate taxes and assessments that become due and payable after Closing, without proration. 8. Survey. Developer at its own expense may obtain a survey of any or all of the Project properties, and Buyer or its surveyor or other agents may enter any of the Project properties for that purpose prior to Closing. If no survey is obtained, Developer agrees that Developer is relying solely upon Developer's own judgment as to the location, boundaries, and area of the Project properties and improvements thereon without regard to any representations that may have been made by City or any other person. In the event that a survey by a registered land surveyor made prior to Closing discloses an encroachment or substantial variation from the presumed land boundaries or area, City shall have the option of affecting a remedy within seven (7) days after disclosure, or terminate this Agreement. Developer may elect to purchase the Project properties subject to said encroachment or variation. 9. Inspection Period. At Developer’s sole option and expense, Developer and Developer’s agents may conduct inspections of each of the Project properties within thirty (30) days after the Effective Date (“Inspection Period”). Developer’s inspection under this Paragraph may include, by way of example but not limitation, inspections of any existing improvements to each Parcel, other systems servicing the Parcel, zoning, and the suitability for Developer’s intended purposes for each Parcel. If Developer, in Page 119 of 288 Developer’s reasonable discretion, is not satisfied with the results of the inspections for any reason, Developer shall notify City in writing of Developer’s prior to expiration of the 30-day Inspection Period. If Developer so notifies City, this Agreement shall be terminated and have no further force and effect. If no written objection is made by Developer within the stated period, this inspection contingency shall be deemed to be waived by Developer and the parties shall proceed to Closing in accordance with the terms of this Agreement. 10. Condition of Project properties. City and Developer acknowledge and agree that the Parcel in the Project properties is being sold and delivered “AS IS”, “WHERE IS” in its present condition. Except as specifically set forth in this Agreement or any written disclosure statements, City has not made, does not make, and specifically disclaims any and all representations, warranties, or covenants of any kind or character whatsoever, whether implied or express, oral or written, as to or with respect to (i) the value, nature, quality, or condition of any of the Project properties, including without limitation, soil conditions, and any environmental conditions; (ii) the suitability of the Project properties for any or all of Developer’s activities and uses; (iii) the compliance of or by the Project properties with any laws, codes, or ordinances; (iv) the habitability, marketability, profitability, or fitness for a particular purpose of the Project properties; (v) existence in, on, under, or over the Project properties of any hazardous substances; or (vi) any other matter with respect to the Project properties. Developer acknowledges and agrees that Developer has or will have the opportunity to perform inspections of the Project properties pursuant to this Agreement and that Developer is relying solely on Developer’s own investigation of the Project properties and not on any information provided to or to be provided by City (except as specifically provided in this Agreement). If the transaction contemplated herein closes, Developer agrees to accept the respective Project properties acquired by Developer and waive all objections or claims against City arising from or related to such Project properties and any improvements thereon except for a breach of any representations or warranties or covenants specifically set forth in this Agreement. In the event this transaction closes, then subject to City’s express representations, warranties, and covenants in this Agreement, Developer acknowledges and agrees that it has determined that the respective Project properties it has acquired and all improvements thereon are in a condition satisfactory to Developer based on Developer’s own inspections and due diligence, and Developer has accepted such Project properties in their present condition and subject to ordinary wear and tear up to the date of Closing. The terms of this Paragraph shall survive the Closing and/or the delivery of the deed. 11. Developer’s Representations and Warranties of Developer. Developer represents, covenants, and warrants the following to be true: a. Authority. Developer has the power and authority to enter into and perform Developer’s obligations under this Agreement. b. Litigation. No judgment is outstanding against Developer and no litigation, action, suit, judgment, proceeding, or investigation is pending or outstanding before any forum, court, or governmental body, department or agency or, to the knowledge of Developer, threatened, that has the stated purpose or the probable effect of enjoining or preventing the Closing. c. Bankruptcy. No insolvency proceeding, including, without limitation, bankruptcy, receivership, reorganization, composition, or arrangement with creditors, voluntary or involuntary, affecting Developer or any of Developer's assets or property, is now or on the Closing Date will be pending or, to the knowledge of Developer, threatened. 12. Conditions Precedent. This Agreement and all of the obligations of Developer under this Agreement are, at Developer’s option, subject to the fulfillment, before or at the time of the Closing, of each of the following conditions: Page 120 of 288 a. Performance. The obligations, agreements, documents, and conditions required to be signed and performed by City shall have been performed and complied with before or at the date of the Closing. b. City Commission Approval. This Agreement is approved by the Muskegon City Commission. 13. Default. a. By Developer. In the event Developer fails to comply with any or all of the obligations, covenants, warranties, or agreements under this Agreement and such default is not cured within ten (10) days after receipt of notice (other than Developer’s failure to tender the purchase price in full at Closing, a default for which no notice is required), then City may terminate this Agreement. b. By City. In the event City fails to comply with any or all of the obligations, covenants, warranties or agreements under this Agreement, and such default is not cured within ten (10) days after receipt of notice, then Developer may either terminate this Agreement or Developer may pursue its legal and/or equitable remedies against City including, without limitation, specific performance. 14. Closing. a. Date of Closing. The closing date of this sale shall be as mutually agreed by the parties, but in no event later than 60 days from the City Commission’s approval of the sale (“Closing”), unless this Agreement is terminated in accordance with its provisions. The Closing shall be conducted at such time and location as the parties mutually agree. b. Costs. The costs associated with this Agreement and the Closing shall be paid as follows: (i) Developer shall pay any state and county transfer taxes in the amount required by law; (ii) City shall pay the premium for the owner’s Title Policy, provided that Developer shall pay for any and all endorsements to the Title Policy that Developer desires; (iii) City shall be responsible to pay for the recording of any instrument that must be recorded to clear title to the extent required by this Agreement; (iv) Developer shall pay for the cost of recording the deed; and (v) Developer and City shall each pay one-half of any closing fees charged by the Title Company. c. Deliveries. At Closing, City shall deliver a quit claim deed for the Project properties and Developer shall pay the purchase price. The quit claim deed to be delivered by City at closing shall include the City Right of Reversion described in Paragraph 4 above. The parties shall execute and deliver such other documents reasonably required to effectuate the transaction contemplated by this Agreement. 15. Real Estate Commission. Developer and City shall each be responsible for any fees for any real estate agents, brokers, or salespersons regarding this sale that it has hired, but shall have no obligation as to any fees for any real estate agents, brokers, or salespersons regarding this sale that the other party has hired. 16. Notices. All notices, approvals, consents and other communications required under this Agreement shall be in writing and shall be deemed given: (i) when delivered in person; (ii) when sent by fax or email: (iii) when sent by a nationally-recognized receipted overnight delivery service with delivery Page 121 of 288 fees prepaid; or (iv) when sent by United States first-class, registered, or certified mail, postage prepaid. The notice shall be effective immediately upon personal delivery or upon transmission of the fax or email; one day after depositing with a nationally recognized overnight delivery service; and five (5) days after sending by first class, registered, or certified mail. Notices shall be sent to the parties as follows: To City: City of Muskegon Attn.: Samantha Pulos, Code Coordinator 933 Terrace Street Muskegon, MI 49440 To Developer: Sjaarda Homes and Properties LLC Derek Sjaarda 15131 Blueberry Ct West Olive MI 49460 Email: dlsjaarda@gmail.com Cell: 616-723-7130 17. Miscellaneous. a. Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the state of Michigan. b. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any other agreements, written or oral, that may have been made by and between the parties with respect to the subject matter of this Agreement. All contemporaneous or prior negotiations and representations have been merged into this Agreement. c. Amendment. This Agreement shall not be modified or amended except in a subsequent writing signed by all parties. d. Binding Effect. This Agreement shall be binding upon and enforceable by the parties and their respective legal representatives, permitted successors, and assigns. e. 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. f. Full Execution. This Agreement requires the signature of all parties. Until fully executed, on a single copy or in counterparts, this Agreement is of no binding force or effect and if not fully executed, this Agreement is void. g. Non-Waiver. No waiver by any party of any provision of this Agreement shall constitute a waiver by such party of any other provision of this Agreement. h. Severability. Should any one or more of the provisions of this Agreement be determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way be impaired or affected. Page 122 of 288 i. No Reliance. Each party acknowledges that it has had full opportunity to consult with legal and financial advisors as it has been deemed necessary or advisable in connection with its decision to knowingly enter into this Agreement. Neither party has executed this Agreement in reliance on any representations, warranties, or statements made by the other party other than those expressly set forth in this Agreement. j. Assignment or Delegation. Except as otherwise specifically set forth in this Agreement, neither party shall assign all or any portion of its rights and obligations contained in this Agreement without the express or prior written approval of the other party, in which approval may be withheld in the other party's sole discretion. k. Venue and Jurisdiction. The parties agree that for purposes of any dispute in connection with this Agreement, the Muskegon County Circuit Court shall have exclusive personal and subject matter jurisdiction and that Muskegon County is the exclusive venue. This Agreement is executed effective as of the Effective Date set forth above. CITY: DEVELOPER: CITY OF MUSKEGON Sjaarda Homes and Properties LLC By: _______________________________ By: _______________________________ Name: Derek Sjaarda Name: Ken Johnson Dated: __________________ Title: Mayor Dated: __________________ By: _______________________________ Name: Ann Marie Meisch Title: City Clerk Dated: __________________ Page 123 of 288 Exhibit A The following described premises located in the City of Muskegon, County of Muskegon, State of Michigan, and legally described as follows: 1. Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 WLY ½ LOT 3 BLK 199 Address: 283 E WALTON, MUSKEGON, MI 49442 Parcel #: 61-24-205-199-0003-00 (Original Parent Parcel Number) Price: $1,500.00 (New parcel number to be issued from Muskegon County Equalization after pending lot split) 2. Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 ELY ½ LOT 3 BLK 199 Address: 287 E WALTON, MUSKEGON, MI 49442 Parcel #: Price: $1,500.00 (New parcel number to be issued from Muskegon County Equalization after pending lot split) Page 124 of 288 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: May 13, 2025 Title: Sale of 1067 Sophia Submitted by: Samantha Pulos, Code Department: Planning Coordinator Brief Summary: Staff is requesting approval of a purchase agreement for 1067 Sophia for $125,000. Detailed Summary & Background: 1067 Sophia was constructed through the agreement with Dave Dusendang to construct infill housing with ARPA funding. The offer ($125,000) is under asking price ($129,900). 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. Key Focus Area: 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 1067 Sophia for $125,000. Approvals: Guest(s) Invited / Presenting: Immediate Division x Head No Information Technology Other Division Heads x Communication Page 125 of 288 Legal Review Page 126 of 288 dotloop signature dotloop signature verification: verification: dtlp.us/mGf3-nGnR-LtR2 dtlp.us/4Lgq-rrCO-TXa4 WEST MICHIGAN REGIONAL PURCHASE AGREEMENT # DATE: 04/15/2025 , (time) MLS # 25006781 SELLING OFFICE: Coldwell Banker Woodland Schmidt Whitehall BROKER LIC.#: REALTOR® PHONE: 231-670-6253 LISTING OFFICE: West Urban Realty LLC REALTOR® PHONE: 1. Effective Date: This Agreement is effective on the date on which Seller's acceptance of Buyer's offer is delivered to Buyer or Buyer’s Agent, or the date on which Buyer's acceptance of any counteroffer is delivered to the Seller or Seller’s Agent, 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: David Dusenberry Email: realtordaviddusenberry@gmail.com Lic.#: 6502395538 Alternate Selling Agent Name: Email: Lic.#: 3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.) Buyer has received the Seller’s Disclosure Statement, dated . Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by registered mail. Exceptions: 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) 1067 Sophia St, Muskegon, MI 49442 with the following legal description and tax parcel ID numbers: CITY OF MUSKEGON 1903 REVISED PLAT OF THE CITY OF MUSKEGON THE N 41 FT OF LOT 10 EXC THE W 46 FT THEREOF, BLK 247 PP# 6124205247000920 . The following paragraph applies only if the Premises include unplatted land: Seller agrees to grant Buyer at closing the right to make (insert number) division(s) under Section 108(2), (3), and (4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the number stated, however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or before , of the proposed division to create the Premises. 6. Purchase Price: Buyer offers to buy the Property for the sum of $ 120,000 one hundred twenty thousand U.S. Dollars 7. Seller Concessions, if any: 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 99 % of the Purchase Price bearing interest at a rate not to exceed 9 % 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 $ 300 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 2/2025 RP Buyer’s Initials SP Seller’s Initials 04/15/25 04/17/25 11:53 PM EDT 2:48 PM EDT dotloop verified dotloop verified Page 127 of 288 dotloop signature dotloop signature verification: verification: dtlp.us/mGf3-nGnR-LtR2 dtlp.us/4Lgq-rrCO-TXa4 West Michigan Regional Purchase Agreement Page 2 of 6 Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent. Exceptions: SELLER FINANCING (choose one of the following): CONTRACT or PURCHASE MONEY MORTGAGE In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer within 48 hours. Seller is advised to seek professional advice regarding the credit report. $ upon execution and delivery of a form (name or type of form and revision date), a copy of which is attached, wherein the balance of $ will be payable in monthly installments of $ or more including interest at % per annum, interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance will become due and payable months after closing. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions: EQUITY (choose one of the following): Formal Assumption or Informal Assumption Upon execution and delivery of: Warranty Deed subject to existing mortgage OR Assignment of Vendee Interest in Land Contract, Buyer to pay the difference (approximately $ ) between the Purchase Price above provided and the unpaid balance (approximately $ ) upon said mortgage or land contract, which Buyer agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions: OTHER: 9. Contingencies: Buyer’s obligation to consummate this transaction (choose one): IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer. IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at: A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest Money Deposit. IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing of a sale or exchange of Buyer’s property located at on or before . Seller will have the right to continue to market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions: 10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars; detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes: but does not include: ©Copyright, West Michigan REALTOR® Associations Page 2 of 6 Rev. Date 2/2025 Buyer’s Initials RP Seller’s Initials SP 04/15/25 11:53 PM EDT 04/17/25 dotloop verified 2:48 PM EDT dotloop verified Page 128 of 288 dotloop signature dotloop signature verification: verification: dtlp.us/mGf3-nGnR-LtR2 dtlp.us/4Lgq-rrCO-TXa4 West Michigan Regional Purchase Agreement Page 3 of 6 11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is expended through normal use. Exceptions: 12. Assessments (choose one): If the Property is subject to any assessments, Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless of any installment arrangements), except for any fees that are required for future connection to public utilities. Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume and pay all other installments of such assessments. Seller has an ongoing obligation through the Closing to disclose to the Buyer any known pending assessments, including, but not limited to, any mandatory utility connection requirements, and/or benefit charges, and condominium special assessments, that have not been previously disclosed in writing to Buyer. 13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all taxes billed after those addressed below. Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when property is transferred. No proration. (Choose one): Buyer Seller will pay taxes billed summer (year) Buyer Seller will pay taxes billed winter (year) Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment and prorated to the date of closing with Seller paying for January 1 through the day before closing. Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one): advance. arrears. Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions: 14. Well/Septic: Within ten (10) days after the Effective Date, (choose one) Seller or Buyer will arrange for, at their own expense, an inspection of the primary well used for human consumption (including a water quality test for coliform bacteria and nitrates) and septic systems in use on the Property. The inspection will be performed by a qualified inspector in a manner that meets county (or other local governmental authority, if applicable) protocol. If any report discloses a condition unsatisfactory to Buyer or doesn’t meet county standards that are a condition of sale, Buyer may, within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as-is. Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract, Buyer will proceed to closing according to the terms and conditions of this Agreement. Other: City 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 ____ 10 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 ©Copyright, West Michigan REALTOR® Associations Page 3 of 6 Rev. Date 2/2025 Buyer’s Initials RP Seller’s Initials SP 04/15/25 04/17/25 11:53 PM EDT 2:48 PM EDT dotloop verified dotloop verified Page 129 of 288 dotloop signature dotloop signature verification: verification: dtlp.us/mGf3-nGnR-LtR2 dtlp.us/4Lgq-rrCO-TXa4 West Michigan Regional Purchase Agreement Page 4 of 6 accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this Agreement. Buyer has waived all rights under this Inspections & Investigations paragraph. Exceptions: 16. Municipal Compliances: Seller will arrange and pay for current certificates of occupancy, sidewalk compliance, and smoke detector ordinances, if applicable. 17. Title Insurance: Seller agrees to convey marketable title to the Property subject to conditions, limitations, reservation of oil, gas and other mineral rights, existing zoning ordinances, and building and use restrictions and easements of record. An expanded coverage ALTA Homeowner’s Policy of Title Insurance in the amount of the Purchase Price shall be ordered by Seller and furnished to Buyer at Seller’s expense, and a commitment to issue a policy insuring marketable title vested in Buyer, including a real estate tax status report, will be made available to Buyer within ten (10) days after the Effective Date. If Buyer so chooses, or if an expanded policy is not applicable, then a standard ALTA Owners’ Policy of Title Insurance shall be provided. If Buyer objects to any conditions, Buyer may, within three (3) days of receipt of the Title Commitment, by written notice to Seller, either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the Title Commitment as-is. Seller may negotiate with Buyer, do nothing, or by written notice to Buyer, accept Buyer’s proposal. If Seller fails to respond or fails to arrive at a mutually agreeable resolution, within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and shall receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed to accept the Title Commitment as-is and will proceed to closing according to the terms and conditions of this Agreement. Exceptions: 18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property and the location of improvements thereon. Buyer or Seller (choose one) shall within ten (10) days of the Effective Date, order, at their expense, a boundary survey with iron corner stakes showing the location of the boundaries, improvements and easements in connection with the Property. Upon receipt of the survey, Buyer will have three (3) days to review the survey. If the survey shows any condition, in Buyer’s sole discretion, which would interfere with Buyer’s intended use of the Property, the marketability of the title, or zoning non-compliance, then Buyer may, within said three (3) day period, terminate this Agreement, in writing, and Buyer will receive a full refund of Buyer’s Earnest Money Deposit. No survey. Buyer has waived all rights under this paragraph. When closing occurs, Buyer shall be deemed to have accepted the boundaries of the Property and the location of such improvements thereon. Exceptions: 19. Home Protection Plan: Buyer and Seller have been informed that home protection plans may be available. Such plans may provide additional protection and benefit to the parties. Exceptions: 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 05/16/2025 . 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. ©Copyright, West Michigan REALTOR® Associations Page 4 of 6 Rev. Date 2/2025 Buyer’s Initials RP Seller’s Initials SP 04/15/25 04/17/25 11:53 PM EDT 2:48 PM EDT dotloop verified dotloop verified Page 130 of 288 dotloop signature dotloop signature verification: verification: dtlp.us/mGf3-nGnR-LtR2 dtlp.us/4Lgq-rrCO-TXa4 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 $ 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 Amendment to the Purchase Agreement on or before the date of closing. If signed, that Amendment shall become an integral part of this Agreement. Exceptions: 24. Earnest Money Deposit: An Earnest Money Deposit in the amount of $ 500.00 shall be submitted to Coldwell Banker Woodland Schmidt (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. In such event, Buyer and Seller agree to sign a written disbursement agreement directing how the Earnest Money Deposit shall be disbursed. 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: Offer is subject to attached buyer agency addendum Seller to add outdoor water spigot. 28. Mergers and Integrations: This Agreement is the final expression of the complete agreement of Buyer and Seller, and there are no oral agreements existing between Buyer and Seller relating to this transaction. This Agreement may be amended only in writing signed by Buyer and Seller and attached to this Agreement. 29. Fax/Electronic Distribution and Electronic Signatures: Buyer and Seller agree that any signed copy of this Agreement, and any amendments or addendums related to this transaction, transmitted by facsimile or other electronic means shall be competent evidence of its contents to the same effect as an original signed copy. Buyer and Seller further agree that an electronic signature is the legal equivalent of a manual or handwritten signature, and consent to use of electronic signatures. Buyer and Seller agree that any notice(s) required or permitted under this Agreement may also be transmitted by facsimile or other electronic means. 30. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’ ©Copyright, West Michigan REALTOR® Associations Page 5 of 6 Rev. Date 2/2025 Buyer’s Initials RP Seller’s Initials SP 04/15/25 04/17/25 11:53 PM EDT 2:48 PM EDT dotloop verified dotloop verified Page 131 of 288 dotloop signature dotloop signature verification: verification: dtlp.us/mGf3-nGnR-LtR2 dtlp.us/4Lgq-rrCO-TXa4 West Michigan Regional Purchase Agreement Page 6 of 6 license numbers, wire instructions, bank account numbers, etc.), even if 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. Expiration: For valuable consideration, Buyer gives Seller until_____________(time) on 04/17/2025 (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. 32. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer. dotloop verified Buyer 1 Address X Robert Powers 04/15/25 11:53 PM EDT GUQN-N3GD-6HYE-ELGE Buyer Buyer 1 Phone: (Res.) (Bus.) Robert Powers 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. 33. 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. The sale price to be 125,000.00 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. 34. 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. 35. 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. 36. Listing Office Address: Listing Broker License # Listing Agent Name: Brent Cox Listing Agent License # 37. 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. Sam Pulos dotloop verified 04/17/25 2:48 PM EDT X (Seller’s Signature, Date, Time): F2YR-PDWB-DHL3-OZ7C 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. 38. 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. Robert Powers dotloop verified X (Buyer’s Signature, Date, Time): 04/17/25 3:53 PM EDT KCWT-VFGX-OW74-MV1U X (Buyer’s Signature, Date, Time): 39. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counteroffer. Sam Pulos dotloop verified X (Seller’s Signature, Date, Time): 04/29/25 8:27 AM EDT UMMQ-UY3F-5HH5-OW9U X (Seller’s Signature, Date, Time): Copyright, West Michigan REALTOR® Associations Page of 6 Rev. Date 2/2025 Page 132 of 288 dotloop signature verification: dtlp.us/trNs-kG8t-adUL WEST MICHIGAN REGIONAL ADDENDUM TO PURCHASE AGREEMENT MLS# 25006781 _________ Date: 04/22/2025 _____________ ______ (time) _______________, REALTOR® Selling Office CBWS _____ __ Phone231-670-6253 Fax _______ Listing Office West Urban Realty LLC , REALTOR® Phone _______ Fax _______ 1. ______________ _ covering property at Addendum# ____ _ to Purchase Agreement dated04-15-2025 1067 Sophia St, Muskegon, MI 49442 2. This Addendum shall be an integral part of the Purchase Agreement, which is amended as follows: Change the Tax ID to 61-24-205-247-0009-21 3. The D Seller D Buyer (check one) gives the above-named REALTOR® __ ___ days to obtain the written acceptance of this Addendum to the Purchase Agreement. If accepted, this Addendum will constitute a binding change to the Purchase Agreement. 4. RECEIPT IS ACKNOWLEDGED BY BUYER of a copy of this Agreement. Robert Powers dotloop verified Date ____________ X -��----...,..,..--.....,....----,---� Buyer 04/22/25 11:15 AM EDT QXM6-R67F-DLK0-JMLM (Note: Please sign as you wish your name to appear on docoments.) David Dusenberry dotloop verified Witness ___ ____________ _ X _____ ____ __ ____ ___ Buyer 04/22/25 10:28 AM EDT Z2HS-SMFY-GJU5-UMPQ (Note: Please sign as you wish your name to appear on documents.) 5. RECEIPT IS ACKNOWLEDGED BY SELLER of a copy of this Agreement. Sam Pulos dotloop verified Date ____________ X -��----...,..,..--.....,....-- --� Seller 04/29/25 8:27 AM EDT --,- AOG8-NTEB-GBWX-XZVF (Note: Please sign as you wish your name to appear on docoments.) Witness _____________ ___ x __________________ Seller (Note: Please sign as you wish your name to appear on documents.) CWest Michigan REALTOR® Boards Form #23 Rev. Date 1/2002 REALTOR• Page 133 of 288 Page 134 of 288 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: May 13, 2025 Title: Sale of 444 Adams Submitted by: Samantha Pulos, Code Department: Planning Coordinator Brief Summary: Staff is seeking authorization to sell the City-owned vacant lot at 444 Adams to Ryskamp Properties LLC (Dave Ryskamp). Detailed Summary & Background: Ryskamp Properties LLC (Dave Ryskamp) would like to purchase the City-owned buildable lot at 444 Adams for $3,000 (75% of the True Cash Value of $4,000) plus half of the closing costs, and the fee to register the deed. Ryskamp Properties LLC (Dave Ryskamp) will be constructing a duplex on the property. Goal/Focus Area/Action Item Addressed: Key Focus Areas: Goal/Focus Area/Action Item Addressed: Create an environment that effectively attracts new residents and retains existing residents by filling existing employment gaps, attracting new and diverse businesses to the city, and expanding access to a variety of high-quality housing options in Muskegon. Diverse housing types. Goal/Action Item: 2027 Goal 2: Economic Development Housing and Business Amount Requested: Budgeted Item: n/a Yes No N/A x Fund(s) or Account(s): Budget Amendment Needed: n/a Yes No N/A x Recommended Motion: Authorize staff to sell the City-owned vacant lot at 444 Adams to Ryskamp Properties LLC (Dave Ryskamp). Approvals: Guest(s) Invited / Presenting: Page 135 of 288 Immediate Division x No Head Information Technology Other Division Heads x Communication Legal Review Page 136 of 288 PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement (“Agreement”) is made May 13, 2025 (“Effective Date”), between the City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440 (“City”), and Ryskamp Properties LLC, 1990 Aberdeen Street NE, Grand Rapids, MI 49505 (“Developer”), with reference to the following facts: Background A. Developer proposes to purchase and develop one (1) vacant property owned by City which is located in the City of Muskegon, Muskegon County, Michigan, and each commonly known and legally described on the attached Exhibit A (each property individually, a “Parcel” and collectively “Project Property”). B. City and Developer desire to establish the terms, covenants, and conditions upon which City will sell and Developer will purchase and develop the Project Property. Developer intends to develop on the Project Property one (1) duplex. (the “Project”). Therefore, for good and valuable consideration, the parties agree as follows: 1. Sale and Purchase of Project Property. City agrees to sell to Developer, and Developer agrees to purchase from City, on the terms and subject to the conditions set forth in this Agreement, the Project Property, subject to reservations, restrictions, and easements of record. 2. Purchase Price. The total purchase price for the Project Property shall be $3,000.00, which shall be paid in cash or other immediately available funds at Closing (defined below) less the $300 deposit that the Developer has paid to the City of Muskegon. Pursuant to Paragraph 3(b) below, the parties acknowledge and agree that Developer shall be eligible to be reimbursed all or a portion of the purchase price for the Parcel upon the completion of certain design standards as further described herein. 3. Construction and Development Requirements. a. Construction Dates. The parties acknowledge and agree that Developer shall have a period of eighteen (18) months from the date of Closing to complete the Project (“Construction Period”), except as otherwise provided in this Agreement or as otherwise mutually agreed upon by the parties in writing. b. Construction Details; Purchase Price Reimbursement. Developer’s construction and development of the Project Property, including single-family homes, duplexes, triplexes, and accessory dwelling units, shall be in substantial conformance with its plans and specifications provided to City by Developer or as otherwise agreed upon in writing between City and Developer. As referenced above, Developer shall be eligible for reimbursement of all or a portion of the purchase price for the Project Property upon Developer’s satisfaction of the following design standards for each single-family home, duplex, triplex, and accessory dwelling unit it constructs on the Project Property. If the Project includes an accessory dwelling unit, both the primary dwelling unit (single-family home, duplex, triplex) and the accessory dwelling unit must meet the design standards outlined below to be eligible for reimbursement. Page 137 of 288 Design Standard Purchase Price Reimbursement for Parcel Open front porch of at least 60 sq. ft. 20% Picture or bay window 20% Alley-loaded parcel 20% Shutter or other acceptable window 20% treatments Underground Sprinkling 20% (By way of example only: If Developer completes three of the design standards listed above for the construction at the Parcel located at 444 Adams, Developer would be reimbursed $1,800.00, which is 60% of the $3,000.00 purchase price for this Parcel. If Developer completes all five design standards, Developer would be reimbursed the entire purchase price for this Parcel. If Developer builds a duplex or small multiplex, Developer would be reimbursed 100% of the purchase price for this Parcel.) 4. Right of Reversion. Notwithstanding anything herein to the contrary, and as security for Developer’s obligation to commence and complete construction of a duplex on the Project Property, the quit claim deed conveying the Project Property to Developer shall contain a right of reversion in all of the Project Property (“City’s Reversionary Right”), which may be exercised by City, in its sole and absolute discretion, if any of the following conditions occur: a. Developer does not commence construction within sixty (60) days after the date of Closing, in which case title to all of the Project Property shall automatically revert to City upon the terms and conditions further provided in this Paragraph 4 below. For purposes of this Paragraph 4(a), commencing construction means furnishing labor and materials to the Parcel of the Project Property and beginning installation of the approved duplex. b. Developer does not complete construction of the Project Property prior to expiration of the Construction Period, in which case title to any of the Project Property that are not complete by the end of the Construction Period shall automatically revert to City upon the terms and conditions further provided in this Paragraph 4 below. For purposes of this Paragraph 4(b), completing construction means the issuance of an occupancy permit by City for the Project Property. Provided, however, the parties agree to reasonably negotiate an extension of the Construction Period up to a period of six (6) months for the Project Property that have a completed foundation before the expiration of the initial Construction Period. If any of the above conditions occur, City shall automatically have City’s Reversionary Right to reacquire title to the Project Property, as the case may be. To exercise City’s Reversionary Right described herein, City must provide written notice to Developer (or its permitted successors, assigns, or transferees) within thirty (30) days of Developer’s failure under this Agreement, but in any event prior to Developer satisfying the conditions set forth in Paragraph 4(a) or Paragraph 4(b) above, as the case may be, and record such notice with the Muskegon County Register of Deeds. Upon request of City, Developer shall take all reasonable steps to ensure City acquires marketable title to the Project Property, as the case may be, through its exercise of its rights under this Paragraph within thirty (30) days of City’s demand, including without limitation, the execution of appropriate deeds and other documents. Page 138 of 288 In addition, if the Project Property revert to City, City may retain the purchase price for such Project Property free and clear of any claim of Developer or its assigns. In the event of reversion of title of the Project Property, improvements made on such Project Property shall become the property of City. In no event shall the Project Property be in a worse condition than upon the date of Closing. These covenants and conditions shall run with the land and be recorded in the quit claim deed from City to Developer. 5. Title Insurance. Within five (5) days after the Effective Date, Developer shall order a title commitment for an extended coverage ALTA owner’s policy of title insurance issued by Transnation Title Agency (the “Title Company”) for the Project Property in the amount of the total purchase price for the Project Property and bearing a date later than the Effective Date, along with copies of all of the underlying documents referenced therein (the “Title Commitment”). Developer shall cause the Title Company to issue a marked-up commitment or pro forma owner’s policy with respect to the Project Property at the Closing naming Developer as the insured and in form and substance reasonably satisfactory to Developer, but subject to Permitted Exceptions (defined below). As soon as possible after the Closing, Developer shall cause the Title Company to furnish to Developer an extended coverage ALTA owner’s policy of title insurance with respect to the Project Property (the “Title Policy”). City shall be responsible for the cost of the Title Policy; provided, however, Developer shall be solely responsible for the cost of any endorsements to the Title Policy that Developer desires. 6. Title Objections. Developer shall have until the end of the Inspection Period (as defined below) within which to raise objections to the status of City’s title to the Project Property. If objection to the title is made, City shall have seven (7) days from the date it is notified in writing of the particular defects claimed to either (a) remedy the objections, or (b) notify Developer that it will not remedy the objections. If Developer does not notify City in writing as to any title or survey objections, then Developer will be deemed to have accepted the condition of title as set forth in the Title Commitment. If City is unwilling or unable to remedy the title or obtain title insurance over such defects within the time period specified, then notwithstanding anything contained herein to the contrary, Developer may, at its option, upon written notice to City, either (i) terminate this Agreement and neither City nor Developer shall have any further obligation to the other pursuant to this Agreement, except as otherwise provided herein, or (ii) waive such objection, in which case such objection shall become a Permitted Exception, and thereafter proceed to the Closing according to the terms of this Agreement. Any matter disclosed on the Title Commitment that is waived or not objected to by Developer shall be deemed a “Permitted Exception.” 7. Property Taxes and Assessments. City shall be responsible for the payment of all real estate taxes and assessments that become due and payable prior to Closing, without proration. Developer shall be responsible for the payment of all real estate taxes and assessments that become due and payable after Closing, without proration. 8. Survey. Developer at its own expense may obtain a survey of any or all of the Project Property, and Buyer or its surveyor or other agents may enter any of the Project Property for that purpose prior to Closing. If no survey is obtained, Developer agrees that Developer is relying solely upon Developer's own judgment as to the location, boundaries, and area of the Project Property and improvements thereon without regard to any representations that may have been made by City or any other person. In the event that a survey by a registered land surveyor made prior to Closing discloses an encroachment or substantial variation from the presumed land boundaries or area, City shall have the option of affecting a remedy within seven (7) days after disclosure, or terminate this Agreement. Developer may elect to purchase the Project Property subject to said encroachment or variation. 9. Inspection Period. At Developer’s sole option and expense, Developer and Developer’s agents may conduct inspections of each of the Project Property within thirty (30) days after the Effective Date (“Inspection Period”). Developer’s inspection under this Paragraph may include, by way of example Page 139 of 288 but not limitation, inspections of any existing improvements to each Parcel, other systems servicing the Parcel, zoning, and the suitability for Developer’s intended purposes for each Parcel. If Developer, in Developer’s reasonable discretion, is not satisfied with the results of the inspections for any reason, Developer shall notify City in writing of Developer’s prior to expiration of the 30-day Inspection Period. If Developer so notifies City, this Agreement shall be terminated and have no further force and effect. If no written objection is made by Developer within the stated period, this inspection contingency shall be deemed to be waived by Developer and the parties shall proceed to Closing in accordance with the terms of this Agreement. 10. Condition of Project Property. City and Developer acknowledge and agree that the Parcel in the Project Property is being sold and delivered “AS IS”, “WHERE IS” in its present condition. Except as specifically set forth in this Agreement or any written disclosure statements, City has not made, does not make, and specifically disclaims any and all representations, warranties, or covenants of any kind or character whatsoever, whether implied or express, oral or written, as to or with respect to (i) the value, nature, quality, or condition of any of the Project Property, including without limitation, soil conditions, and any environmental conditions; (ii) the suitability of the Project Property for any or all of Developer’s activities and uses; (iii) the compliance of or by the Project Property with any laws, codes, or ordinances; (iv) the habitability, marketability, profitability, or fitness for a particular purpose of the Project Property; (v) existence in, on, under, or over the Project Property of any hazardous substances; or (vi) any other matter with respect to the Project Property. Developer acknowledges and agrees that Developer has or will have the opportunity to perform inspections of the Project Property pursuant to this Agreement and that Developer is relying solely on Developer’s own investigation of the Project Property and not on any information provided to or to be provided by City (except as specifically provided in this Agreement). If the transaction contemplated herein closes, Developer agrees to accept the respective Project Property acquired by Developer and waive all objections or claims against City arising from or related to such Project Property and any improvements thereon except for a breach of any representations or warranties or covenants specifically set forth in this Agreement. In the event this transaction closes, then subject to City’s express representations, warranties, and covenants in this Agreement, Developer acknowledges and agrees that it has determined that the respective Project Property it has acquired and all improvements thereon are in a condition satisfactory to Developer based on Developer’s own inspections and due diligence, and Developer has accepted such Project Property in their present condition and subject to ordinary wear and tear up to the date of Closing. The terms of this Paragraph shall survive the Closing and/or the delivery of the deed. 11. Developer’s Representations and Warranties of Developer. Developer represents, covenants, and warrants the following to be true: a. Authority. Developer has the power and authority to enter into and perform Developer’s obligations under this Agreement. b. Litigation. No judgment is outstanding against Developer and no litigation, action, suit, judgment, proceeding, or investigation is pending or outstanding before any forum, court, or governmental body, department or agency or, to the knowledge of Developer, threatened, that has the stated purpose or the probable effect of enjoining or preventing the Closing. c. Bankruptcy. No insolvency proceeding, including, without limitation, bankruptcy, receivership, reorganization, composition, or arrangement with creditors, voluntary or involuntary, affecting Developer or any of Developer's assets or property, is now or on the Closing Date will be pending or, to the knowledge of Developer, threatened. Page 140 of 288 12. Conditions Precedent. This Agreement and all of the obligations of Developer under this Agreement are, at Developer’s option, subject to the fulfillment, before or at the time of the Closing, of each of the following conditions: a. Performance. The obligations, agreements, documents, and conditions required to be signed and performed by City shall have been performed and complied with before or at the date of the Closing. b. City Commission Approval. This Agreement is approved by the Muskegon City Commission. 13. Default. a. By Developer. In the event Developer fails to comply with any or all of the obligations, covenants, warranties, or agreements under this Agreement and such default is not cured within ten (10) days after receipt of notice (other than Developer’s failure to tender the purchase price in full at Closing, a default for which no notice is required), then City may terminate this Agreement. b. By City. In the event City fails to comply with any or all of the obligations, covenants, warranties or agreements under this Agreement, and such default is not cured within ten (10) days after receipt of notice, then Developer may either terminate this Agreement or Developer may pursue its legal and/or equitable remedies against City including, without limitation, specific performance. 14. Closing. a. Date of Closing. The closing date of this sale shall be as mutually agreed by the parties, but in no event later than 60 days from the City Commission’s approval of the sale (“Closing”), unless this Agreement is terminated in accordance with its provisions. The Closing shall be conducted at such time and location as the parties mutually agree. b. Costs. The costs associated with this Agreement and the Closing shall be paid as follows: (i) Developer shall pay any state and county transfer taxes in the amount required by law; (ii) City shall pay the premium for the owner’s Title Policy, provided that Developer shall pay for any and all endorsements to the Title Policy that Developer desires; (iii) City shall be responsible to pay for the recording of any instrument that must be recorded to clear title to the extent required by this Agreement; (iv) Developer shall pay for the cost of recording the deed; and (v) Developer and City shall each pay one-half of any closing fees charged by the Title Company. c. Deliveries. At Closing, City shall deliver a quit claim deed for the Project Property and Developer shall pay the purchase price. The quit claim deed to be delivered by City at closing shall include the City Right of Reversion described in Paragraph 4 above. The parties shall execute and deliver such other documents reasonably required to effectuate the transaction contemplated by this Agreement. 15. Real Estate Commission. Developer and City shall each be responsible for any fees for any real estate agents, brokers, or salespersons regarding this sale that it has hired, but shall have no obligation as to any fees for any real estate agents, brokers, or salespersons regarding this sale that the other party has hired. Page 141 of 288 16. Notices. All notices, approvals, consents and other communications required under this Agreement shall be in writing and shall be deemed given: (i) when delivered in person; (ii) when sent by fax or email: (iii) when sent by a nationally-recognized receipted overnight delivery service with delivery fees prepaid; or (iv) when sent by United States first-class, registered, or certified mail, postage prepaid. The notice shall be effective immediately upon personal delivery or upon transmission of the fax or email; one day after depositing with a nationally recognized overnight delivery service; and five (5) days after sending by first class, registered, or certified mail. Notices shall be sent to the parties as follows: To City: City of Muskegon Attn.: Samantha Pulos, Code Coordinator 933 Terrace Street Muskegon, MI 49440 To Developer: Ryskamp Properties LLC Dave Ryskamp 1990 Aberdeen Street NE Grand Rapids, MI 49505 Email: dave.ryskamp@yahoo.com Cell: 616-889-3471 17. Miscellaneous. a. Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the state of Michigan. b. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any other agreements, written or oral, that may have been made by and between the parties with respect to the subject matter of this Agreement. All contemporaneous or prior negotiations and representations have been merged into this Agreement. c. Amendment. This Agreement shall not be modified or amended except in a subsequent writing signed by all parties. d. Binding Effect. This Agreement shall be binding upon and enforceable by the parties and their respective legal representatives, permitted successors, and assigns. e. 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. f. Full Execution. This Agreement requires the signature of all parties. Until fully executed, on a single copy or in counterparts, this Agreement is of no binding force or effect and if not fully executed, this Agreement is void. g. Non-Waiver. No waiver by any party of any provision of this Agreement shall constitute a waiver by such party of any other provision of this Agreement. Page 142 of 288 Page 143 of 288 Exhibit A The following described premises located in the City of Muskegon, County of Muskegon, State of Michigan, and legally described as follows: Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 EAST 16.5 FEET LOT 6 WEST 33 FEET LOT 5 BLOCK 7 & EAST 49.5 FEET OF WEST 297 FEET OF SOUTH 100 FEET BLOCK 5 Address: 444 ADAMS AVE, MUSKEGON, MI 49442 Parcel #: 61-24-205-007-0005-10 Price: $4,000.00 Page 144 of 288 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: May 13, 2025 Title: Liquid Sodium Hypochlorite Renewal Submitted by: Joshua Parmer, Water Filtration Department: Public Works Brief Summary: Staff is requesting authorization to renew our purchase agreement for liquid sodium hypochlorite from Webb Chemical. Detailed Summary & Background: The Water Filtration Plant uses sodium hypochlorite in the production of drinking water. The application of sodium hypochlorite is one of several crucial processes used to inactivate or remove pathogens from the water. Since 1996, the Water Filtration Plant has solicited competitive bids for water treatment chemicals jointly with the cities of Grand Haven, Grand Rapids, Holland, Muskegon Heights, and Wyoming. The City of Grand Rapids manages this bidding process and holds the master agreement. Bids were solicited for a one-year contract with the option to renew for two additional one-year terms. Webb Chemical’s bid has no price increases for the one-year duration of the contract and is overall the cheapest bidder. Webb Chemical is a local supplier to Muskegon County and has supplied the cooperative with liquid sodium hypochlorite in the past. Staff recommends we continue with the cooperative and renew Webb Chemical as our supplier. 1-Year 2-Year ($/ton) ($/ton) Alexander Chemical Corp 387.23 407.19 JCI Jones Chemicals Inc 374.14 374.14 Rowell Chemical 447.00 No Bid Webb Chemical Service Corp 366.00 366.00 The Water Filtration Plant has used an average of 450 tons of liquid sodium hypochlorite in the previous three fiscal years. With this renewal, our estimated cost would remain at $164,700.00 for the renewed one-year contract. Liquid sodium hypochlorite is included in the budget, but the actual amount spent will depend on water demand and source water quality. Goal/Focus Area/Action Item Addressed: Key Focus Areas: Goal/Action Item: 2027 GOAL 4: FINANCIAL INFRASTRUCTURE - Reliable and efficient short and long term financial Page 145 of 288 practices Amount Requested: Budgeted Item: $164,700.00 (estimate) Yes X No N/A Fund(s) or Account(s): Budget Amendment Needed: 591-558-739 Yes No X N/A Recommended Motion: I move to authorize staff to participate in the treatment plant purchase cooperative and renew our purchase agreement for liquid sodium hypochlorite with Webb Chemical. Approvals: Guest(s) Invited / Presenting: Immediate Division X Head No Information Technology Other Division Heads Communication Legal Review Page 146 of 288 Contract Renewal – Year 2 Contract Number: MA 233 24000140 Date: February 24, 2025 Vendor: Webb Chemical Services Department: LMFP 2708 Jarman Street 17350 Lake Michigan Dr Muskegon, MI 49444 West Olive , MI 49460 Contract Title: Chemicals. Bulk Sodium Hypocholorite – Co-Op Term Contract Change: XX To Extend Contract Period To: March 31, 2026 Bid Reference No. 885-40-51 _____________________________________________________________________________________________________ Vendor Note Change as Follows: Contract Renewal: Year two contract renewal for the “as needed” purchase and delivery of Chemicals. Bulk Sodium Hypochlorite – Co-Op, Year 2- unit cost remains unchanged: all other terms, conditions, requirements, specifications remain in full force and effect. Annual expenditures shall not exceed $1,000,000.00. Purchasing Buyer: Daniel Williamson cc: Department Bid Pack ROOM 720, 300 MONROE AVENUE N.W. GRAND RAPIDS MICHIGAN 49503 PHONE: (616) 456-3173 Page 147 of 288 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: May 13, 2025 Title: Contractor selection- 1698 Wood St. Submitted by: Sharonda Carson, CNS Director Department: Community & Neighborhood Services Brief Summary: Select contractor to complete lead abatement and general contracting work Detailed Summary & Background: The CNS department purchased a vacant house at 1698 Wood Street for $65,000. The purpose is to rehab the property and sell it to an income-eligible family. HOME guidelines require that a lead risk assessment be conducted. The risk assessment identified significant amounts of lead throughout the house. In January 2025, an RFP was published to request bids for the lead remediation work and general rehab work for a 4-bedroom, 2-bath accessible home. Bids were received from 3 contractors. The evaluation of the bids showed that the contractors did not submit complete bid packets. Also, the rehab amounts were much higher than anticipated. Bids were then evaluated by additional CNS staff, who also consulted with SafeBuilt for an opinion of the cost. Staff conducted an itemized cost comparison by comparing bids from other lead projects with these bids. It was determined that the line items were comparable in cost to other lead work by the same contractors. Part of the request for bids is for electrical work, plumbing and HVAC. To ease the time burden on staff, the hope was to have the general contractor hire and manage the individual trades throughout the rehab process. To determine if the bids for these parts of the project were reasonable, HVAC, plumbing and electrical contractors were invited to bid on that part of the project. The following is the breakdown: Trade Contractor Type of Contractor Cost Plumbing Badgerow’s B&R Lead and General $20,000 Nassau Lead and General $21,860 Across the Board Lead and General $18,750 Andy’s Plumbing Plumber $19,000 HVAC Badgerow’s B&R Lead and General $8,000 Nassau Lead and General $22,000 Across the Board Lead and General $30,000 Jewett Heating and Cooling $9,145 Page 148 of 288 Electrical Badgerow’s B&R Lead and General $20,000 Nassau Lead and General $22,000 Across the Board Lead and General $30,000 Belasco Electric Electrical $19,175 After reviewing the additional bids, it was determined that, while not a huge savings, it would save a few hundred dollars if CNS hires the specialized contractors directly. CNS staff also scheduled an inspection of the roof to determine its condition and need for repairs. The roofing contractor was able to confirm that the house has a fairly new roof. It was installed correctly and does not need to be replaced at this time. A couple of repairs are needed, but this will be a cost savings of at least $13,000. All the existing windows have tested positive for lead, which is a very expensive part of the project. To save money, staff created a new floor plan that eliminated 10 windows. This saves about $15,000. Unfortunately, while doing the contractor walk-throughs, questions were raised about the height of the second-floor ceiling. Staff requested an evaluation by SafeBuilt, and they concluded that the ceiling is too low to have rooms on this floor. The scope of work had to be changed to include properly raising and insulating the ceiling. This added costs to the rehab work. A revised RFP went out at the end of March. CNS received 3 bids. Two for the lead and general and one for just the general rehab work. The project has been awarded to Badgerow’s Building and Remodeling at a total cost of $204,150 for the general rehab and lead remediation. While the cost of the project is significantly higher than originally expected, the revised scope of work saves a considerable amount of money. A breakdown of the bids received in February and April is below. Lead General Rehab Contractor Remediation Total Project Total Feb 2025 Bids Badgerow's B&R $97,200.00 $202,150.00 $299,350.00 Nassau Construction $79,980.00 $205,444.00 $285,424.00 Across the Board $82,100.00 $232,175.00 $314,275.00 CTI $0.00 $0.00 $0.00 April 2025 Bids Badgerow's B&R $61,250.00 $142,900.00 $204,150.00 Nassau Construction $79,980.00 $177,084.00 $257,064.00 Across the Board $0.00 $0.00 $0.00 CTI-submitted for general rehab only $0.00 $366,030.00 Page 149 of 288 TOTAL PROJECT COSTS TOTAL PROJECT $251,470.00 Lead Remediation $61,250 General Rehab $142,900 HVAC $9,145 Electrical $19,175 Plumbing $19,000 Goal/Focus Area/Action Item Addressed: Key Focus Areas: Goal/Action Item: 2027 Goal 2: Economic Development Housing and Business Amount Requested: Budgeted Item: $251,470.00 of HOME funds is requested to Yes No N/A complete this project. Fund(s) or Account(s): Budget Amendment Needed: Yes No N/A Recommended Motion: To approve general and trade contractors to complete the rehabilitation of 1698 Wood St. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Yes Information Technology Other Division Heads Communication Legal Review Page 150 of 288 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: May 13, 2025 Title: South Breakwater Pier Gate Lease Amendment Submitted by: Dan VanderHeide, Public Works Department: Public Works Director, Tim Kozal, Public Safety Director Brief Summary: Staff requests authority to sign the included amendment to the City's lease of U.S. Army Corps of Engineers' waterfront at Pere Marquette Beach to allow a pier gate to be installed. Detailed Summary & Background: About a year ago, the Public Safety Department submitted a grant to the U.S. Army Corps of Engineers (USACE, commonly referred to as "the Corps") for a pier gate to be installed on the south breakwater arm at Pere Marquette Beach. After a long deliberation, the Corps has awarded the grant to Muskegon. Before the grant agreement can be signed and the pier gate installed, the lease the City holds with the Corps that allows us to make specific improvements to property owned by the Corps (including parts of Pere Marquette, Margaret Drake Elliot and the Muskegon Lake Channel) needs to be amended to allow the gate to be installed. The attached lease amendment will make those modifications. The Public Safety Department will work with the Corps to execute the grant, while DPW may assist with the gate installation depending on contracting method. Staff anticipates that specifically authorized Parks staff (such as a Park Ranger) may operate the gate under the direction of Public Safety. Goal/Focus Area/Action Item Addressed: Key Focus Areas: Goal/Action Item: 2027 Goal 1: Destination Community & Quality of Life - Recognizable improvements to community safety 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 151 of 288 I move to approve staff to sign an amendment to the City's lease of U.S. Army Corps of Engineers' waterfront at Pere Marquette Beach to allow a pier gate to be installed. Approvals: Guest(s) Invited / Presenting: Immediate Division X Head No Information Technology Other Division Heads X Communication Legal Review Page 152 of 288 Page 153 of 288 U.S. ARMY CORPS OF ENGINEERS LEASE NO. DACW35-1-16-3003 DEPARTMENT OF THE ARMY DETROIT DISTRICT, CORPS OF ENGINEERS SUPPLEMENTAL AGREEMENT NO. 1 TO LEASE NO. DACW35-1-16-3003 CITY OF MUSKEGON, MICHIGAN MUSKEGON HARBOR FEDERAL NAVIGATION PROJECT, MI THIS SUPPLEMENTAL AGREEMENT NO. 1 is made and entered into between the SECRECTARY OF THE ARMY, party of the first part, hereinafter referred to as the Secretary or Government, and the CITY OF MUSKEGON, MICHIGAN, party of the second part, hereinafter referred to as the Lessee; W I T N E S S E T H: WHEREAS, on 17 December 2012, the Government granted to the City of Muskegon, the above numbered agreement, for a period of twenty-five (25) years beginning 1 October 2016 and ending 30 September 2041 at the Muskegon Harbor Federal Navigation Project, MI, as more specifically described in said lease. WHEREAS, The Lessee has requested to construct, maintain, and operate a removable seasonal gate on the US South Breakwater to deter pedestrian use in times of adverse weather conditions. NOW THEREFORE, Lease no. DACW35-1-16-3003 is hereby amended in the following respects, but in no others: 1. Condition No. 36 b. is amended by DELETING therefrom, ”USACE Grand Haven Resident Office. The point-of-contact for coordination is Elizabeth Wilkinson, Resident Engineer (telephone 616-240-7989) and can also be reached by email at elizabeth.n.wilkinson@usace.army.mil.” and SUBSTITUTING in lieu thereof, “U.S. Army Corps of Engineers’ Operations Project Manager of the Grand Haven Office. The current Operations Project Manager can be reached by phone at (616)842-5510 x25523.” 2. ADDING Condition 36 j. ” The Lessee is authorized to construct, operate, and maintain a gate on the U.S. South Breakwaters. This removable gate may be used to deter pedestrian access to the breakwater during times of inclement weather.” 3. ADDING Condition 36 k. ”Appropriate safety measures must Page 1 of 3 Page 154 of 288 U.S. ARMY CORPS OF ENGINEERS LEASE NO. DACW35-1-16-3003 be employed during all work or maintenance activities performed by the Lessee. The Lessee activities must not degrade the condition of the premises or cause interference with the operations and maintenance of the Federal project, including access to the Federal navigation structures.” 4. ADDING Condition 36 l. ”USACE maintenance activities require a minimum of a 60” wide opening to access the pier when conditions allow. The exact placement, location and construction will require coordination with and approval by USACE as outlined in Condition No. 36 b.” 5. ADDING Condition 36 m. ”In the event of construction or maintenance on the U.S. South Breakwater by the Department of the Army, the Permittee may be required to remove the gate until completion of such actions.” 6. ADDING the attached Exhibit “D”, in its entirety, hereto and made part of the lease. EXCEPT for the revision above, the terms and conditions of the lease shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Army, this __________________ day of______________________, 20________. _______________________________ Andrew M. Shelton Chief, Real Estate Tech Branch Real Estate Contracting Officer Page 2 of 3 Page 155 of 288 U.S. ARMY CORPS OF ENGINEERS LEASE NO. DACW35-1-16-3003 The above instrument, together with all the conditions thereof, is hereby accepted this _________________ day of _________________________, 20_____. CITY OF MUSKEGON, MICHIGAN ________________________________________________ (Signature) _________________________________________________ (Printed Name) _________________________________________________ (Title _________________________________________________ Page 3 of 3 EXHIBIT D LEASE NO. DACW35-1-16-3003 CITY OF MUSKEGON | APPROX. 3.2 ACRES ¹ MUSKEGON HARBOR (MUSKED) MUSKEGON COUNTY, MI Center DMS: 86°20'16"W 43°13'38"N Center DD: 86.338°W 43.227°N uske -M e a uk e M il w U.S. SOUTH PIER AND REVETMENT U.S. NORTH BREAKWATER Sce ni c D r Av e on Silversides F ul t Museum Margaret Drake Elliot Park Great Lakes N e l so n S t Environmental Research Laboratory r Ci W Ha r bo on eg ur sk Mu ur To w n e To e- w Be e a a uk n e rbo lw ch Mi a St C ir r EH Ne ee t ls Rd on GATE St U.S. SOUTH BREAKWATER Pere Marquette Park 3/6/2025 LEASE AREA Map data © OpenStreetMap contributors, Microsoft, Facebook, Inc. and its affiliates, Esri Community Maps contributors, Map layer by Esri, Esri Community 0 250 500 1,000 Maps Contributors, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, Feet SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Page 156 of 288 Bureau, USDA, USFWS US Army Corps of Engineers ______________________________________________________ NOTE: THE CERTIFICATE OF AUTHORITY must be executed by an individual other than by the person who signed the agreement. The individual must certify that the official who signed the agreement was authorized to act in that capacity. CERTIFICATE OF AUTHORITY I, _________________________________, do hereby certify that I am (someone other than the person signing the agreement) the _____________________________ of _____________________________ (position within the county or city) (name of the county or city) and that __________________________________________, who signed (the person who signed the agreement) the agreement on behalf of the grantee was at the time of signature, its _________________________________________, and that (position held by person who signed the agreement) the person who executed the agreement on behalf of the grantee acted within his/her statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this _____________day of _________________________, ___________. ______________________________________ (signature of the individual doing the certifying) Page 157 of 288 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: May 13, 2025 Title: Extension of Partnership Agreement: Boys & Girls Club of the Muskegon Lakeshore Submitted by: Kyle Karczewski, Parks and Department: DPW- Parks Recreation Director Brief Summary: Staff is requesting authorization to extend our contract with the Boys & Girls Club of the Muskegon Lakeshore for temporary staffing services during the 2025 maintenance season. Detailed Summary & Background: DPW typically hires up to 30 seasonal employees each year from GoodTemps (Goodwill). The staffing provided by this agreement will take the place of an approximately equal number of our typical seasonal employees, helping DPW fill our roster during the labor shortage and providing employment and training for younger community members. Temporary staffing is accounted for in the annual budget of the departments that use these services. The employees under this agreement are included in the parks (general) fund budget. The Boys & Girls Club anticipates providing approximately 8 staff split in two teams, and in consultation with DPW, identified two service areas that they would be well suited for: 1. Landscape maintenance, waste-removal and general support in the BID area downtown. 2. Restroom cleaning and waste removal at various parks. Goal/Focus Area/Action Item Addressed: Key Focus Areas: Enhanced Parks and Recreation Department and Services, Enhanced internal and community communication, Foster strong ties among government and community agencies, Help increase public participation, Staff reflective of the diverse community Goal/Action Item: 2027 Goal 3: Community Connection Amount Requested: Budgeted Item: $50,000 Yes x No N/A Fund(s) or Account(s): Budget Amendment Needed: 101-770 Yes No x N/A Recommended Motion: Authorize staff to contract with the Boys and Girls Club of the Muskegon Lakeshore for temporary Page 158 of 288 staffing services during the 2025 maintenance season. Approvals: Guest(s) Invited / Presenting: Immediate Division x Head No Information Technology Other Division Heads Communication Legal Review x Page 159 of 288 Affirmative Action (231)724-6703 FAX (231)722-1214 Assessor/ Equalization Co. (231)724-6386 FAX (231)724-1129 Cemetery/Forestry (231)724-6783 FAX (231)724-4188 City Manager (231)724-6724 FAX (231)722-1214 April 28, 2025 Clerk (231)724-6705 FAX (231)724-4178 Boys and Girls Club 900 W. Western Ave. Comm. & Neigh. Services Muskegon, MI 49441 (231)724-6717 FAX (231)726-2501 Re: Exercise the Extension on the Partnership Agreement between the City of Muskegon and the Boys and Computer Info. Girls Club of the Muskegon Lakeshore. Technology (231)724-4126 Dear Monica Turnbull: FAX (231)722-4301 Engineering Pursuant to Paragraph 7 of the CONTRACT FOR TEMPORARY STAFFING SERVICES (the (231)724-6707 “Agreement”) between City of Muskegon (the “City”) and the Boys and Girls Club of the Muskegon Lakeshore FAX (231)727-6904 (“BGCML”), the City elects to renew the Agreement for the period of May 1, 2025, through April 30, 2026, Finance and all other provisions of the Agreement shall remain in full force and effect. This renewal is conditioned on (231)724-6713 BGCML’s acceptance below. FAX (231)726-2325 Fire Department The City expects to utilize this Agreement to assist the City of Muskegon Parks Department. This renewal (231)724-6795 contemplates the use of approximately eight seasonal employees & two field coordinators. Services include FAX (231)724-6985 contract laborers for seasonal projects on an as-needed basis. Human Resources Co. (Civil Service) This Agreement shall be effective on the date of execution and shall remain in full force and at the same (231)724-6442 terms through April 30, 2026, with an option to renew for an additional term, if mutually agreed upon by FAX (231)724-6840 both parties as memorialized in a written and signed agreement. Income Tax (231)724-6770 FAX (231)724-6768 Mayor’s Office City of Muskegon (231)724-6701 FAX (231)722-1214 Planning/Zoning (231)724-6702 Date: ,2025 FAX (231)724-6790 CITY OF MUSKEGON Police Department (231)724-6750 FAX (231)722-5140 By:_ Ken Johnson, Mayor Public Works (231)724-4100 And: FAX (231)722-4188 Ann Meisch, MMC City Clerk SafeBuilt (Inspections) (231)724-6715 Contractor FAX (231)728-4371 Date: ,2025 Treasurer (231)724-6720 BOYS AND GIRLS CLUB OF MUSKEGON LAKESHORE FAX (231)724-6768 By: _____________________________________ Water Billing (231)724-6718 Monica Turnbull, CEO FAX (231)724-6768 Water Filtration (231)724-4106 FAX (231)755-5290 City of Muskegon, 933 Terrace Street, Muskegon, MI 49440 http://www.shorelinecity.com Page 160 of 288 Page 161 of 288 Page 162 of 288 Page 163 of 288 Page 164 of 288 Page 165 of 288 Page 166 of 288 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: May 13, 2025 Title: Resolution for Charitable Gaming License - Restoration Restore a Generation Submitted by: Ann Meisch, City Clerk Department: City Clerk Brief Summary: Restoration Restore a Generation 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. Detailed Summary & Background: Restoration Restore a Generation provides a safe haven for all youth ages 18 and under. The center has access to a gym, commercial kitchen, cafeteria, classrooms, and an outdoor park. They offer meals, clothing, hygiene products, arts & crafts, and many other activities. They will use the gaming license to raise money for the center. 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 Recommended Motion: Approval of the resolution for a Charitable Gaming License. Approvals: Guest(s) Invited / Presenting: Immediate Division Head No Information Technology Other Division Heads Page 167 of 288 Communication Legal Review Page 168 of 288 Page 169 of 288 Page 170 of 288 Page 171 of 288 Page 172 of 288 Page 173 of 288 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: May 13, 2025 Title: Fleet Vehicle Replacements Submitted by: Dawson Romanosky, DPW Department: Public Works Superintendent Brief Summary: Staff recommends purchasing three pickup trucks to replace aging vehicles in the city’s fleet. Detailed Summary & Background: Staff recommends purchasing two 2025 Ford Maverick pickup trucks from Great Lakes Ford at a total cost of $59,566.00 to replace aging fleet vehicles—a 2007 Ford Ranger and a 2011 Ford F-150. Three quotes were obtained from local dealers: 2025 Ford Mavericks from Great Lakes Ford at $29,783 each, 2025 Honda Ridgelines from Betten at $38,592.05 each, and 2024 Chevy Colorados from Betten for $43,078.25 each. Additionally, staff recommends purchasing one Ford F-250 pickup truck from Gorno Ford for $55,987.00 to replace a 2011 Ford F-250. The purchase of the Ford F-250 is being made through the MiDEAL cooperative purchasing program, which ensures competitive pricing through publicly bid contracts. All recommended vehicle purchases are included in the FY 2024–25 Equipment Fund budget. The total cost for these acquisitions is $115,553.00. Goal/Focus Area/Action Item Addressed: Key Focus Areas: Sustainability in financial practices and infrastructure Goal/Action Item: 2027 Goal 4: Financial Infrastructure Amount Requested: Budgeted Item: $115,553.00 Yes X No N/A Fund(s) or Account(s): Budget Amendment Needed: Equipment Fund (661) Yes No X N/A Recommended Motion: I move to authorize staff to purchase two Ford Mavericks from Great Lakes Ford and one Ford F-250 Page 174 of 288 from Gorno Ford for a total cost of $115,553.00. Approvals: Guest(s) Invited / Presenting: Immediate Division X Head No Information Technology Other Division Heads Communication Legal Review Page 175 of 288 Page 176 of 288 Page 177 of 288 Page 178 of 288 Page 179 of 288 Page 180 of 288 Page 181 of 288 Preview Order F100 - W2B 4x4 Crew Cab SRW : Order Summary Time of Preview: 05/05/2025 13:12:02 Receipt: NA Dealership Name : Gorno Bros Inc Sales Code : F48022 Dealer Rep. patrick southward Type Fleet Vehicle Line Superduty Order Code F100 Customer Name Muskegon Price Level 435 Priority Code M2 Model Year 2024 DESCRIPTION DESCRIPTION F250 4X4 CREW CAB PICKUP/160 BACKGLASS DEFROST 160 INCH WHEELBASE PRO POWER ONBOARD - 2KW TOTAL BASE VEHICLE POWER SLIDING REAR WINDOW OXFORD WHITE SNOWPLOW PREP/CAMPER PACKAGE VINYL 40/20/40 SEATS SPARE TIRE AND WHEEL MEDIUM DARK SLATE ROOF CLEARANCE LIGHTS PREFERRED EQUIPMENT PKG.600A JACK .XL TRIM SPLASH GUARDS - FRONT .AIR CONDITIONING -- CFC FREE SPLASH GUARDS - REAR .AM/FM STEREO MP3/CLK UPFITTER SWITCHES .6.8L DEVCT NA PFI V8 ENGINE TAILGATE STEP 10-SPEED AUTO TORQSHIFT-G DUAL BATTERY JOB #2 ORDER PRIVACY GLASS FORD FLEET SPECIAL ADJUSTMENT XL CHROME PACKAGE XL OFF-ROAD PACKAGE .FOG LAMPS .33" OFF ROAD LT285/70R17 AT SPECIAL DEALER ACCOUNT ADJUSTM .3.73 ELECTRONIC-LOCKING AXLE SPECIAL FLEET ACCOUNT CREDIT .SKID PLATES FUEL CHARGE PLATFORM RUNNING BOARDS NET INVOICE FLEET OPTION (B4A) 10000# GVWR PACKAGE PRICED DORA 50 STATE EMISSIONS ADVERTISING ASSESSMENT DESTINATION & DELIVERY TOTAL BASE AND OPTIONS MI Deal # MA240000001193 DISCOUNTS MI Deal Price Delivered With Options $ 55,987.00 TOTAL *** In Stock Truck *** Page 182 of 288 This order has not been submitted to the order bank. This is not an invoice. Page 183 of 288 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: May 13, 2025 Title: Energy Performance Contract Consultant Submitted by: Dan VanderHeide, Public Works Department: Public Works Director Brief Summary: Staff request approval to enter into an arrangement with Johnson Controls, Inc., an energy service company, to prepare an energy performance contract. Detailed Summary & Background: An Energy Performance Contract (EPC), is a financing mechanism where an Energy Service Company (ESCO) installs, and in some cases maintains, energy-efficient equipment in a customer's facility and is paid for the cost of the project with a portion of the energy savings generated. The ESCO guarantees a level of energy savings over a specific period, and the customer pays for the project through those savings, often without upfront capital expenditures. EPCs are commonly used by governments to fund energy efficiency projects in their facilities. Staff solicited a Request for Qualifications. This included reached out to Johnson Controls, Inc. (JCI), American Building Maintenance (ABM), and RWE Clean Energy to specifically solicit qualifications from those firm based on prior contacts with those firms, plus a full advertisement according to the City's standard process (on the website, etc.). Only JCI submitted to the RFQ. Staff recommends JCI based on our interactions with them, their work with similar nearby organizations, and their RFQ submittal. JCI has worked with many Michigan cities on projects like the one staff envisions, and JCI staff have worked with Muskegon Heights, Ottawa County, Marquette, and Lansing. On pages 47 and 48 of their submittal, you can see their commitment to using a local, diverse workforce during the construction phase. Given the nature of EPC's, if the City elects to move forward with a project in the future, Johnson Controls, Inc. (JCI) will be the City's design-build contractor and financier. Staff has brought this item forward now in transparency, since future requests may include exceptions to the purchasing policy. Staff anticipates the DPW facility as the prime target of the work, but depending on the energy audit findings JCI may recommend projects at other facilities as well if the savings are worth the effort. JCI will guarantee a specific level of savings associated with the project(s) they recommend. The City and JCI would split the savings generated by the energy-efficient equipment, the City's portion of which is available to defray the costs of the project(s). These efforts could allow the City to engage in activities identified in a Climate Action Plan with the goal of reducing the City's carbon footprint and seeing energy savings. A Climate Action Plan is being prepared and will be presented to the Commission for review and adoption soon. Staff anticipates the Climate Action Plan will be available for JCI to use as a resource when developing potential projects. It's important to know that at this time, staff is only asking for approval to enter into an exclusive Page 184 of 288 arrangement with JCI, not for a specific project(s) or funds. JCI will work with staff to perform a detailed energy audit, and based on those results they will recommend a specific project or projects that will save the City money. Since the savings are shared, JCI has an incentive to generate as much savings as practical. Only at that time would staff come back with the particulars of the project, the financing vehicle(s), the guaranteed savings and other project information for consideration by the Commission. Goal/Focus Area/Action Item Addressed: Key Focus Areas: Sustainability in financial practices and infrastructure Goal/Action Item: 2027 GOAL 4: FINANCIAL INFRASTRUCTURE - Reliable and efficient short and long term financial practices Amount Requested: Budgeted Item: 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 staff entering into an arrangement with Johnson Controls, Inc., an energy service company, to prepare an energy performance contract. Approvals: Guest(s) Invited / Presenting: Immediate Division X Head No Information Technology Other Division Heads Communication Legal Review Page 185 of 288 Johnson Controls, Inc. 3312 Lousma Drive SE Grand Rapids, MI 49548 SUBJECT: Statement of Qualifications for the City of Muskegon Energy Performance Contract Dear Mr. VanderHeide and Members of the Selection Committee: With a highly successful economic development strategy focused on key industries – agribusiness, advanced manufacturing and aerospace/defense to name a few – the City of Muskegon is a fast-growing progressive community widely recognized for its diverse, entrepreneur-driven economy. Muskegon is perfectly situated in the region and a magnet for business development in West Michigan but cannot stand still. A commitment to innovation, vibrancy and climate action has been echoed by community leaders and is necessary to retain and attract business as well as serve the growing needs of the population. The Smart and Sustainable Muskegon Initiative detailed in our proposal is a self-funding, fiscally responsible program that continues the evolution of the City’s transformation to being efficient, connected, sustainable, livable, resilient, and secure, all without raising taxes or utility rates, through cost-justified infrastructure investments. Johnson Controls is ideally positioned to serve the City of Muskegon as your Climate Action Plan implementation partner. Your Climate Action Plan (v1.1) seeks to leverage funding opportunities to implement climate action initiatives, to reduce operational costs through improved efficiency, to reach net zero GHG emissions by 2040, and enhance the resilience Johnson Controls is of city operations and land. As your partner, we seek the same outcomes, delivered through ideally positioned performance contracting with our additional to serve the City of services and expertise. Indeed, of your five identified focus areas, we can address nearly Muskegon as your all of the action items identified in Buildings & Facilities, and many of the action items identified Climate Action Plan for transportation, waste, land use & resilience, implementation and implementation. partner. Implementing these changes requires an experienced partner, and Johnson Controls is well suited for this very important and unprecedented project. The Smart and Sustainable Muskegon Initiative promises to deliver on numerous City organizational objectives, and Johnson Controls alone has the expertise as well as resources to make sure this project is a resounding success. On behalf of Johnson Controls, I am pleased to submit our response to the City of Muskegon’s request for qualifications for an energy performance contract. I will be your primary point of contact and can be reached at (616) 243-4134 or dave.gehrls@jci.com. Brad Estadt has delegation of authority to execute agreements on behalf of Johnson Controls. Dave Gehrls Bradford Estadt Senior Account Executive General Manager Sustainable Infrastructure Sustainable Infrastructure Page 186 of 288 Building tomorrow Table of Contents Executive Summary............................................................................................... 1 Qualifications & Experience................................................................................. 5 1. Firm Profile........................................................................................................................ 5 2. Project Experience.......................................................................................................... 7 3. Ongoing Service and Maintenance Capabilities ...................................................17 4. Training............................................................................................................................20 5. Bonding, Warranties and Insurance.........................................................................24 Project Management Approach........................................................................ 25 1. Organizational Chart....................................................................................................25 2. Key Personnel Resumes..............................................................................................26 3. Project Management Overview..................................................................................36 4. Subconsultant Management......................................................................................47 Technical Approach............................................................................................. 51 1. Process Overview..........................................................................................................51 2. Baseline Calculation Methodology............................................................................63 3. Adjustment to Baseline Methodology......................................................................65 4. Savings Calculations.....................................................................................................68 5. Standards of Service and Comfort............................................................................70 6. Monitoring and Verification........................................................................................72 7. Sample Contract............................................................................................................72 8. Sample Audit..................................................................................................................72 Financial Approach.............................................................................................. 75 1. Preferred Approach......................................................................................................75 2. Grants, Rebates and Incentives.................................................................................80 Additional Services............................................................................................... 83 Appendix Required Form Preliminary Project Schedule Surety Letter Sample Contract Sample Audit Audited Financial Statement Summary 3 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 187 of 288 Page 188 of 288 1 Executive Summary We commend the City of Muskegon for pursuing the procurement vehicle of Michigan Energy Performance Contracting to make investments into critical infrastructure that are guaranteed to be cost-justified. It is important to note that the project contemplated in this RFQ is very unique, potentially incorporating energy, water, security and life safety components. A successful endeavor will require a partner not only experienced in the technical aspects, but also a firm who has the scale, balance sheet, and resource pool to ensure an outcome that exceeds expectations. Fortunately, Johnson Controls checks all of these boxes. Criteria Why Johnson Controls? Experience with Johnson Controls has completed more than 800 guaranteed savings traditional scope projects for local government clients, lowering your risk. Our local team items for a municipal has completed successful, large-scale, multi-phased energy-focused Energy Performance projects in many Midwest cities and towns, including Marquette (MI), Contract (EPC) Indianapolis (IN), Louisville (KY), and South Bend (IN). Experience The Johnson Controls Water Team pioneered the inclusion of AMI under with delivering the umbrella of EPC. With nearly 1.6 million water meters installed to improvements to date, we have used this experience to drive expanded scopes of work for a municipal water water utilities. Our local team has implemented successful water meter utility via an EPC projects via EPC in Evansville (IN), Toledo (OH), Decatur (IL), Lansing (MI), structure Port Huron (MI) and Marquette (MI) to name a few. Scale / Balance Many ESCOs have not been in business long enough to honor a 20- Sheet / Resources / year agreement as contemplated in this RFQ. In fact, many are currently Longevity owned by venture capitalists where companies and subsequent contracts get “spun off” in a short time span. Johnson Controls has had offices in Michigan since 1887. Our balance sheet with $24B in revenue allows us to comfortably invest in the development of EPC projects such as this. Company Background Since 1885, Johnson Controls has been working with clients across the country and the world in a variety of markets to implement system and equipment efficiency solutions that drive energy and operational savings. With a global team of 100,000 experts in more than 150 countries, Johnson Controls offers the world’s largest portfolio of building technology and software, as well as service solutions from some of the most trusted names in the industry. We operate through our unmatched network of branches, including our nearby Grand Rapids office, to help municipalities enhance the full lifecycle of their infrastructure. We use industry award-winning digital technologies, such as our Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 1 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 189 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 1 | Executive Summary innovative OpenBlue platform, Johnson Controls has replaced nearly 1.6 million as well as building automation, hyper-efficient heating and water meters as part of 150 AMI/AMR projects cooling systems, smart water distribution and conservation, and world-class fire protection and smart security systems to save energy, reduce costs, protect people and assets, and lower emissions. Performance Contracting Expertise Given the breadth and complexity of the improvements being 3,500 projects involving $12.5 Audrey Noel. Our full team contemplated, the City billion in guaranteed savings. of leading water experts needs a partner it can rely We are currently managing bring a combined 150 years on to successfully develop, 344 projects that include more of industry experience and implement, and monitor than $3.6 billion in upgrades are contributing authors of the upgrades over the long and carry performance multiple American Water term. All project phases are guarantees of nearly $7 billion. Works Association standards managed by our in-house Our portfolio includes 10 active and manuals, which are used professionals to provide a Michigan projects with similar across the water industry. one-stop-shop for the entire municipal efforts underway for the City of Lansing, the City of Our industry professionals infrastructure improvement holistically analyze all facets program. Since pioneering Marquette, and Eaton County. of your water infrastructure performance contracting, we to explore opportunities for have implemented more than Specialized optimization. We have the expertise to ensure that the Water Utility new AMI system contemplated in this program interfaces Expertise seamlessly with your billing and financial systems, so Johnson Controls invented the you won’t have to worry concept of using performance about lost revenue due to contracting to supply smart missing or incorrect data. We metering infrastructure more have also worked with every than 25 years ago and we major manufacturer and will have since implemented 150+ provide a truly independent projects involving more than perspective to help you get the 1.6 million meters generating best solution for the City which Johnson Controls brings $1 billion in financial benefits. unparalleled experience in Michigan can include Smart City/IoT developing performance contracts. Our national team takes devices, remote disconnect, Over the past 25 years alone we an active hands-on role in distribution leak detection, and have implemented 162 projects every project and is led by for a wide variety of markets many more options. And, given that involved $413 million in multiple experts in the field, the huge volume of meters infrastructure improvements. including Jonathan Gunn and 2 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 190 of 288 Executive Summary | 1 we purchase, we have preferred pricing arrangements to ensure you receive the best price. Using our proven processes and methods, we will maximize operational savings and billable revenues for the City. Our unique JCI Connect tool is a web-based program allowing for daily communication for subcontractors and the City to keep everyone up to date on the project’s progress in real time. We recently completed a similar project for the City of Toledo involving more than 100,000 meters and an AMI system. Your team includes the same experts who delivered this project successfully. There is no other ESCO that comes close to matching our metrology and AMI experience. Scope Items for Consideration Based on previous discussions as well as information that could be found in the public domain, Johnson Controls proposes that the following scope items warrant strong consideration in the project and should be vetted during the Detailed Design Phase of the project. Please note there are several GO/NO GO milestone meetings as well as workshops and ideation sessions with City leaders planned to enable the team to add/remove/or modify potential ECMs during this “living process”. More detailed descriptions of these potential scope items can be found beginning on Page 52. Scope Items for Consideration: City of Muskegon EPC Program DPW Buildings/Grounds Water Distribution 1. Lighting (Interior, Exterior, Intelligent) 14. Meter Replacement 2. High Efficiency HVAC Systems 15. AMI Network (Fixed/Cellular/Hybrid) 3. Building Automation 16. Right Sizing / Right Typing 4. Low GWP Refrigerant Conversion 17. Remote Disconnect Valves 5. Domestic Hot Water 18. Leak Detection (Sensor Network or Satellite Based) 6. Domestic Water Retrofits 19. Customer Portal App 7. Net Zero Advisor MIS (to support 20. Lead Pipe Inspections or Remedy GHG/CAP) 21. Solar (Roof/Canopy/Ground Mount) 8. Space Planning/Remodeling at DPW 22. Battery Storage Main Facility 23. Audit CIS and Database Scrub 9. Solar (on new roof/or parking 24. Power Factor Correction canopy) 25. VFDs 10. Building envelope 26. “Smart Nodes” (sensing temp, pressure, dry pipe, 11. Fire & Security Upgrades freeze, etc. on distribution zones) 12. Ice Arena Chiller Replacement 27. New Roof at Filtration Plant 13. Other City Infrastructure (Phase 2?) Local Presence The City anticipates implementing a wide array of infrastructure improvements, some of which we have outlined above. Overseeing and managing the development and implementation of these upgrades will be crucial to success. As shown by the map on the right, Johnson Controls brings a large presence across western Michigan, with nearly 100 professionals in the area to support the City of Muskegon. Our full-service branch office in Grand Rapids is located less than an hour away. We will manage the project from Johnson Controls has nearly 100 professionals based in the greater here, providing a wealth of services to ensure this entire program is Grand Rapids area to support the delivered as you envision. City of Muskegon throughout all phases of this project. Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 3 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 191 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 192 of 288 2 Qualifications & Experience 1. Firm Profile a. Firm name, corporate Johnson Controls, Inc. address, local address 3312 Lousma Drive SE and type of firm Grand Rapids, MI 49548 Corporation b. Main contact person David Gehrls, Senior Account with full contact Executive information (616) 308-7330 dave.gehrls@jci.com c. Year firm was 1885 NAESCO Recognition established In 2021, Johnson d. Years of experience in 140 years Controls received the energy business NAESCO’s first Member Award for Outstanding e. Years of experience 42 years Community Service in performance through Performance contracting Contracting. Pictured f. Number and value of 344 projects totaling $3.6 billion in above are Chuck McGinnis, performance contracts contract value vice president of sales, in effect Sustainable Infrastructure, and Maureen Blase, vice g. Number of 68 active municipal projects president and general performance contracts that will deliver $763 million in manager, Sustainable for municipal clients guaranteed savings. Infrastructure. NAESCO selected Johnson Controls from among 17 applicants. h. Financial Stability Receiving the NAESCO Industry Award shows that i. Describe the financial soundness and stability of the firm. our solutions can translate to real impact in the communities we serve. Johnson Controls International plc has a strong balance sheet with significant financial liquidity. As of September 30, 2024, our parent company has more than $42.7 billion in total reported assets. In addition, we continue to generate strong revenue and profitability. For the fiscal year 2024, our company reported net Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 5 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 193 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 2 | Qualifications& Experience revenue of $22.95 billion and net income of $1.7 opportunities to leverage our volume, leading to billion. Our parent company has a long-term improved quality and efficiencies. This enables credit rating of BBB+/Stable/A-2 from Standard us to invest in innovation and improve our & Poor’s Rating Service. This financial strength services, bringing more success to our clients. empowers us to fund our project development Our growth goals are supported by initiatives activities. focusing on new technology, optimizing our resources and continuous improvement of Johnson Controls’ financial health provides quality, reliability, and delivery. the City assurance of our ability to serve our clients. Our capacity to integrate a wide ii. Submit the most recent annual summary (1-3 pages) range of services into a cohesive, tailored of the annual Statements of Financial Conditions dated value proposition for our customers truly within the past twelve (12) months, along with name, differentiates us from our competitors. We address, and the telephone number of firm(s) that have invested millions of dollars to create a prepared the financial statements. robust operational, financial, and technical infrastructure, critical when managing large, Our commitment to exceeding client satisfaction widely distributed, and divergent sets of has contributed to decades of consistent properties that constitute client portfolios. growth and financial success. Johnson Controls We continue to focus on profitable growth has continued to develop, expanding into a in all our businesses, as it allows us more Fortune Global 500 corporation with annual revenue exceeding $25 billion. With our financial strength, you can rely on Johnson Controls to not only back our guarantee, but be there beyond this project as the City of Muskegon continues to grow. Statements of Financial Condition The excerpt from our most recent Form 10-K Annual Report (FY24), provided in the appendix, demonstrates our firm’s financial soundness. Our financial reports are prepared inhouse by Marc Vandiepenbeeck, Executive Vice President & Chief Financial Officer, with a third-party audit conducted by PricewaterhouseCoopers, LLC. i. NAESCO Accreditation. State whether your firm is Accredited with the National Association of Energy Strength in Numbers Services Companies (NAESCO). Note: Firms must be NAESCO Accredited to be considered. With us, BIG does not mean impersonal. For the City, it means: The National Association of Energy Service • Strength and scale. Companies (NAESCO) has continuously • Purchasing power. recognized Johnson Controls as an accredited • Significant engineering and technical ESCO since 1997. NAESCO designated us as resources. an Accredited Energy Service Provider (ESP) • An investment grade credit rating. in 2003 (the first year ESP accreditation was • A partner with deep understanding of available). We are one of only 14 companies local government environments. in North America to receive this designation. • Investments in innovative solutions Our current Certificate of Accreditation is valid that positively impact your citizens. through November 2026. Our Vice President of Sales, Charles McGinnis, is named to NAESCO’s 6 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 194 of 288 Qualifications& Experience | 2 Executive Advisory Committee, a member of the NAESCO Board of Directors, and served as the organization’s former Board Chairman, showing our commitment to the industry. 2. Project Experience a. Provide a minimum of five performance contracting references for projects of similar size, scope and complexity indicating your firm’s recent experience with local government clients. Each project description shall describe the services provided, project cost, savings Ethics Recognition amount and contract term in a maximum of two pages each. Emphasis should be placed on projects that Johnson Controls has been recognized were completed by the branch office and/or personnel 18 times by the Ethisphere Institute, a proposed for this project. Client names with a contact global leader in defining and advancing person’s phone number shall be listed. the standards of ethical business practices, as one of the World’s Most The projects highlighted beginning on the Ethical Companies. following page illustrate the comparable experience our local team and our specialized water utility team brings in developing and implementing municipal performance contracts focused on comprehensive facility upgrades In Michigan alone we have managed 162 to drive energy efficiency savings and water performance contracts that have generated metering projects that recover lost revenue. $525 million in financial benefits. Water Metering Project Profile Cary Selects Johnson Controls to Upgrade 68,000 Meters The Town of Cary in North Carolina selected Johnson Controls for a major technology development program involving the design and implementation of a full-scale AMI system for the town’s water customers. favorable warranties and guaranteed read The $17.3 million project encompassed rates above the industry standards. 68,000 water meters and included the first full deployment of two-way communicating We guaranteed more than $1.8 million in endpoints. Johnson Controls developed a annual savings. More than $1 million of the strategic procurement procedure that split savings came from an increase in meter the AMI system into components, allowing accuracy, with the balance coming from for the separate selection of meters and AMI operational savings and future cost avoidance. infrastructure based on the client’s needs. We In the end the project was completed early also negotiated with AMI providers to obtain and under budget. Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 7 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 195 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. City of Marquette | Michigan Citywide effort for Marquette involves cogen system at the treatment plant and much more SERVICES PROVIDED The City of Marquette partnered with Johnson Controls to implement a major $28 million smart city effort that delivers a strategic, customized, connected solution that caters to the advancement of the City and the community. PROJECT COST $28 million Johnson Controls implemented a new AMI meter reading system, water meter upgrades, a new energy management system, citywide security, IT and lighting upgrades, a cogen plant at the PROJECT SAVINGS wastewater treatment plant, new traffic signals and controls, and $7.6 million numerous facility improvements. The upgrades touch all aspects of the City’s operations, improve safety and sustainability, address deferred maintenance, reduce energy costs and provide new CONTRACT TERM services for residents. The project had a total economic impact 7/2017 – 8/2024 of $62,359,949 with 37 full-time local jobs created and more than 78,585 labor hours at the prevailing wage. CLIENT CONTACT Eric Stemen Director of Facilities and Maintenance estemen@ marquettemi.gov (906) 228-0444 8 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 196 of 288 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 9 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 197 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. City of Lansing | Michigan The City of Lansing project optimized energy efficiency and enhanced public safety SERVICES PROVIDED Johnson Controls has worked with the City’s Departments for a number of years to identify and establish the City’s infrastructure goals and challenges and develop a 20-year plan to upgrade the infrastructure, optimize energy efficiency and provide guaranteed outcomes of the project. PROJECT COST • Proactive approach to fiscal responsibility $12 million • Reduce operation and maintenance costs in 54 facilities • Enhance public safety through technology PROJECT SAVINGS • All identified project costs, savings and performance of improvements are guaranteed by Johnson Controls $20.1 million The scope of work included: CONTRACT TERM • Pedway renovation 2/2021 – 4/2044 • ASHRAE Level I and II Audits • Built energy modeling • Cost estimating CLIENT CONTACT • Lighting upgrades Andy Kilpatrick • HVAC upgrades Director of Public Services • Security/fire upgrade (517) 483-4455 • Building management system controls Andrew.kilpatrick@ lansingmi.gov 10 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 198 of 288 City of Evansville | Indiana Major effort in Evansville includes Sensus and a customer portal SERVICES PROVIDED & SCOPE OF WORK Evansville embarked on an effort to address aged water infrastructure and improve overall sustainability through ambitious community-wide upgrades without raising taxes. Key elements included biogas optimization through co-digestion of high-strength wastes and installation of a 460kW co-generation system. PROJECT COST Other upgrades included lighting retrofits, HVAC, controls and $39 million power-factor correction. The project generates $3.1 million in annual savings. The integration of AMI has streamlined water metering and billing processes, enabling city workers to reassign PROJECT SAVINGS seven meter readers to other tasks. As a result, the annual water $108.7 million meter budget has been reduced by $300,000. CONTRACT TERM See the Video Case Study 8/2013 – Present CLIENT CONTACT Duane Gilles Consultant 1 NW MLK, Jr Blvd. Evansville, IN 47708 duanegilles@gmail.com https://tinyurl.com/ydrahtkx (812) 305-6684 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 11 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 199 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 12 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 200 of 288 City of Toledo | Ohio Major water meter project delivers $175 million for the City of Toledo SERVICES PROVIDED Johnson Controls is powering the City of Toledo’s digital transformation by addressing deferred maintenance and integrating smart water infrastructure. The smart city technologies will automate the water meter readings and billing process, and equip the City with the latest water metering technology, enhancing customer PROJECT COST service and affordability, as well as sustainability. The $78 million $75 million project was implemented through a performance-based contract and the operational and maintenance savings will self-fund the entirety of the project, ultimately delivering $177 million in savings PROJECT SAVINGS over 20 years. The project includes: $173 million • Approximately 116,000 water meter upgrades and replacements across large commercial, intermediate, and CONTRACT TERM residential locations. • AMI network installation including towers and 21 base 7/2019 - Present stations. • A new Enterprise Resource Planning (ERP) software to interface with the AMI network. CLIENT CONTACT • A customer service portal allowing for both direct customer Douglas Stephens interface and customer to City interface. Director of Public Utilities • Interface of the ERP software to the existing City workflow douglas.stephens@ system to allow for improved asset management and toledo.oh.gov maintenance. (419) 350-3035 See the Video Case Study https://tinyurl.com/bdupcve5 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 13 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 201 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Louisville Metro Government | Kentucky Louisville saves $56 million through two- phase effort with Johnson Controls SERVICES PROVIDED Louisville Metro Government selected Johnson Controls to implement a major energy efficiency project in 24 municipal facilities encompassing more than two million square feet. The two-phase $36 million project included a lighting retrofit, PROJECT COST steam distribution repairs, pipe insulation upgrades, HVAC upgrades, building envelope upgrades, building energy $36 million management systems and a computer network optimization. Johnson Controls is currently working with Louisville Metro to PROJECT SAVINGS achieve ENERGY STAR ratings on their buildings, as well as LEED certification. $56 million The project will save the City more than $56 million. More than 60% of the project was completed using local resources and MBE/ CONTRACT TERM WBE firms completed 33%. There were no major issues during 8/2013 – 2/2024 construction. The effort also included a large PR campaign to promote the CLIENT CONTACT benefits of the project. Our in-house PR professionals developed Mark Zoeller a variety of materials, including a media alert and news release, Executive Director for a community event featuring the mayor. Print and broadcast of Public Works coverage was also secured. A case study on the project is (502) 574-0104 provided in the appendix. 14 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 202 of 288 Water Metering Project Profile Warren Achieves $580K in Annual Savings We developed $8 million in improvements for the City of Warren, including comprehensive aeration upgrades, demand management controls, and other process-related improvements. We also implemented various facility upgrades to drive energy savings. Project costs were completely off-set by addressing numerous infrastructure deferred $580,000 in annual energy and operational maintenance issues, delivering technology savings. We focused on providing the greatest that increased operational efficiency, and energy cost reduction opportunities possible, supporting the city’s energy reduction goals. Water Metering Project Profile Two-Phase Water Utility Effort Upgrades Systems for Knox County After implementing several major infrastructure improvement projects for Mount Vernon, the county seat, the County selected us for a $1.5 million project focused on upgrading their water infrastructure and providing ongoing savings. Phase 1 additional savings. The new meters and focused on replacing 2,936 water meters billing process, coupled with a reduction in and deploying an AMI system while Phase operational costs, will deliver $700,000 in 2 included leak detection to help drive savings and recovered revenue. Water Metering Project Profile Johnson Controls Updates the Water Utility of Jax Beach The City of Jacksonville Beach partnered with Johnson Controls to provide upgrades to its utility systems to increase customer service levels, reduce unaccounted for water, and implement technological upgrades across their service territory. We upgraded 11,000 water and natural gas meters, performed implemented a mobile water leak detection a utility database reconciliation, provided system, and deployed an AMI system. The enterprise resource planning transition effort will provide benefits of more than $8.7 support, replaced large water meter vaults, million over 14 years. Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 15 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 203 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 2 | Qualifications& Experience b. Provide an overview of the performance contracts your firm has implemented in the past three years, including client, project cost and guaranteed savings. Client /Project Project Cost Guaranteed Savings Arkansas Northeastern College $3,735,174 $1,788,704 Batavia Central School District Phase 1 $2,357,531 $3,656,133 Bayport Blue Point $8,000,000 $12,208,521 Beloit College Phase 2 Core CPPC $6,168,786 $11,359,153 Broward County Public Schools Phase 2 $10,262,600 $13,156,065 Canada Border Services Agency $1,577,434 $2,388,340 Center Moriches Union Free School District $6,021,372 $7,025,267 City of La Crosse Phase 3 $2,877,458 $2,988,125 City of Lewiston $2,819,418 $3,646,957 City of Port Huron Phase 3 $3,986,888 $998,439 City of Rogers $17,995,904 $15,235,786 Crested Butte $950,000 $862,057 Deer Park Schools Phase 2 $7,517,778 $8,634,935 East Meadow School District Phase 3 $11,847,421 $14,583,708 Eastport South Manor $18,383,763 $21,837,463 Eaton County Phase 2 $12,095,242 $8,993,397 Grandview School District Phase 2 $6,849,422 $4,494,975 Hackensack Public Schools $12,700,000 $15,781,278 Harborfields Central School District Phase 2 $7,311,009 $9,582,041 Hoosic Valley Central School District $2,011,448 $2,254,948 Malone Central School District Phase 1 $6,410,299 $7,557,635 Mattoon School District Phase 5 $5,683,000 $1,928,921 Mayflower Public Schools $1,439,040 $2,025,678 Newark Board of Education ESIP Group 2&3 $91,118,297 $119,684,494 North Arkansas College $1,150,000 $ 268,186 Northampton County $7,680,000 $8,322,566 Northern Mississippi Health Services $3,694,224 $2,368,350 Oklahoma Department of Corrections Task Order 1 $14,757,112 $20,547,116 Onandaga-Cortland-Madison Counties $2,425,000 $3,347,513 Philadelphia School District Phase 2C $19,174,744 $312,921 Plainedge Union Free School District Phase 2 $8,925,000 $10,568,358 Rock County Government Phase 2 $994,497 $1,107,671 SAU 60 Fall Mountain Reg School District, NH $2,316,845 $1,637,178 Somers Central School District Phase 1 $8,895,000 $10,340,186 Sullivan Housing Authority $1,750,000 $4,735,361 Village of Floral Park $3,550,000 $2,645,309 Village of Southampton $6,785,244 $6,190,358 Walkerville Schools $2,166,662 $2,136,375 Washington Unified School District $6,714,000 $86,728 Weber School District $17,281,172 $3,207,174 West Virginia Division of Corrections Phase 2 $26,000,236 $38,058,991 Windsor Central Supervisory Union $3,177,301 $4,030,680 16 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 204 of 288 Qualifications& Experience | 2 3. Ongoing Service and Maintenance Capabilities a. State the location of your nearest servicing office and provide an overview of your firm’s capabilities for servicing the installed equipment, as well as procedures for handling emergencies. Johnson Controls considers each performance Maintenance Plan for contract as a long-term partnership with our client. Since the contract term extends over Proposed Equipment several years, we have developed our services to ensure complete client satisfaction throughout All mechanical systems require some level of the partnership. By partnering with Johnson maintenance to remain in good working order. Controls, the City has the ability to customize Our approach to continuing maintenance and additional maintenance and training options to service of installed ECMs includes: meet your needs. • Identifying continuing maintenance requirements of proposed measures. Local Servicing Office • Sharing with the City the maintenance requirements, maintenance intervals, We are fully capable of supporting the City’s manpower requirements, technical skills, maintenance team through the 18 licensed tools and equipment required. technicians and specialists based in our local • Collaborating on options for completing the branch office that’s less than an hour away required maintenance. in Grand Rapids. Johnson Controls also offers • Finalizing maintenance plan and agreement. our 24/7 toll-free service hotline, which has an • Coordinating a program to verify completion administrative support team that tracks all calls of maintenance items assumed by the City. to resolution. In other words, we are your one • Continuing service for the service life of the stop shop for all support – the City will always equipment, or, at a minimum, through the have someone to turn to on our team. The contract term to ensure that energy and chart below provides a summary of our general operational savings are maintained. approach. Maintenance Approach Process 1. 2. 3. 4. Identify Critical Share Maintenance Collaborate on Finalize Maintenance Maintenance Tasks Requirements Options Program • Complete • Agree on • Review • Finalize equipment equipment maintenance maintenance selections. selections. options. program • Identify • Review • Review costs responsibilities. maintenance maintenance and benefits. • Finalize tasks. services • Agree on maintenance • Review and capacity. general program define key • Identify gaps. approach. schedules. tasks. • Finalize maintenance program costs. Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 17 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 205 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 2 | Qualifications& Experience Remote Operations Center Emergency Service The Remote Operations Center (ROC) monitors As part of Johnson Controls ongoing services, equipment, systems, and facilities – alarm we can also provide for emergency service on points, critical temperatures, operational status, all covered equipment within two hours. The etc. – 24 hours a day, seven days a week. emergency service/extended warranty plan Using predictive maintenance techniques and includes the cost of any replacement parts algorithms, the ROC receives, records, and and labor for all covered equipment. Johnson responds to emerging equipment conditions Controls’ extensive staff of trained technicians – and notify our local resources accordingly, enable us to ensure a quick response to any including dispatching the appropriate personnel emergency repair situations that may occur. to resolve an issue before it becomes a problem. This proactive approach ensures the highest b. Describe maintenance services provided by the Firm, degree of reliable operation for central utility including a description of the service organization and plants, critical equipment and systems, facilities, personnel directly employed by the Firm. Include a list etc. The ROC is staffed with facility experts of services provided and the ability to provide “truck- based services.” to supervise the performance of equipment and systems to provide immediate response to emergency situations. The UL and Factory Mutual certified, ISO 14001 compliant central Performance-Based Services station monitors and manages more than 3,000 sites in North America. This process helps us The performance-based service matrix that lower our clients’ operating and lifecycle costs, Johnson Controls employs includes the while improving uptime and reliability. It is a tool incorporation of many of our predictive and to help us serve our clients faster, better, and at proactive services. The services include vibration less cost than conventional methods. analysis, spectro-chemical oil analysis, flue gas analysis, ultrasonic leak testing as well as many “ others that can be employed as needed. The first steps we take include developing an overall strategy that is inclusive of a combination of preventive, reactive, predictive, and proactive components. An effective strategy will include all “Weather ford College has benefited components. incredibly due to our contract with We have performed Planned Service Johnson Controls. The company provides Agreements (PSAs), operations and maintenance, and labor and materials work professionally trained staff that would for more than 26,000 clients in more than 50,000 sites in North be extremely difficul t for us to find and America through our truck- retain. They have specially trained staff based technicians. This extensive experience provides our service personnel with that can be brough t in when needed. Even the ability to support your ongoing service more impor tant, they have significantly and maintenance needs. As a vendor neutral partner, we deliver unparalleled OEM service reduced our maintenance and HVA C support for any competitive brand of equipment, expenses. We couldn’t be more pleased including chillers, boilers, HVAC systems, mechanical equipment and controls systems. with Johnson Controls.” When it comes to servicing your facilities and – Dr. Joe Birmingham, President, process equipment needs we provide expertise, Weatherford Community College resources, professionalism, and results expected from a global industry leader – with the 18 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 206 of 288 Qualifications& Experience | 2 attention to detail and commitment to community as a local service provider. Whatever combination of services the City chooses, we will provide all the information necessary to make the most beneficial use of the allocated maintenance budget. Equipment Maintenance Service Options There are several levels of service from Johnson Controls that the City can select based on the specific needs of a facility. In the IGA phase we will be able to have discussions as partners, which will allow us to develop a customized maintenance program using our local, in-house technicians that is based on several key elements, such as risk of unforeseen equipment failures, special needs of one site over another, budget constraints, and more. A customized maintenance program for the City could be any combination of the following types of maintenance plans: Reactive, Preventative, Predictive, and Proactive. Maintenance Service Options Johnson Controls will apply an optimum mix of maintenance approaches based on the risk impact or cost and consequences of failure. Preventive Predictive Proactive Reactive Emergency Maintenance Maintenance Maintenance Maintenance Service Perform Task Collect Data & Solve Root Cause Fix When Broken Replace Assess Condition 1. Scheduled Preventive which place significant stress on equipment; the need to remove the accumulation of dirt Maintenance particles, which reduce the output capacity of Our professional service offerings will ensure the equipment; and the corrosive nature of a successful project with long-term financial certain fluids flowing through the equipment. and performance results. These services can Planned service agreements address the critical be available for the length of the guarantee. function of the equipment, and the need to We can also offer an extended warranty on remain in compliance with building codes and all equipment installed for the entire term of regulatory authorities, maximize efficiency of the contract. This would include a complete the equipment’s performance, and prolong the preventive maintenance/diagnostic analysis useful life of the asset. strategy to protect your investment by extending the life of the equipment and maximizing Predictive Maintenance reliability. Our expertise in performance contracting allows us to successfully implement 2. Predictive diagnostics involve detecting large, complex systems and provide a long-term existing and emerging conditions before they partnership with you to guarantee the financial cause equipment failure. We assess equipment and system performance of the project. The conditions and then determine the level of exact extent and nature of the agreement will be service to be done. Predictive diagnostics should developed with your input because we want to be promoted adamantly with the justification provide support for the services you require. being to reduce operating expenses through the minimization of downtime, overtime of staff, Scheduled service visits can prevent or catastrophic failure expense, and to increase the alleviate the extended hours of continuous life expectancy of major assets. operation; wide fluctuations in building load, Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 19 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 207 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 2 | Qualifications& Experience 3. “ Proactive Maintenance Proactive maintenance is looking at solving the root cause of the problem to extend the life of the equipment, such as vibration “Our par tnership with Johnson Controls analysis. This maintenance is designed for your facility’s most critical equipment and areas. provides us the technologically advanced equipment to operate our buildings more Reactive Maintenance 4. Reactive maintenance may be more efficiently, and a training program to educate our staff on the need for energy cost-efficient in certain cases to allow equipment to break/fail and then repair it based on the awareness and efficiency.” importance to the overall operation of your – Katheryn Shields facilities. Working within the context of extensive Jackson County, MO Executive knowledge of your facilities, we can provide a broad spectrum of service solutions that include a portion of each of the above. facilities engineering and quality control to help determine the training required for each group. 4. Training The program steps include the following: • Define current maintenance and operating Describe your firm’s proposed approach to providing procedures. technical training for City personnel, noting training • Define required maintenance and operating sites and methodologies. procedures required for new equipment. • Review training options with engineering and Johnson Controls considers each performance maintenance. contract as a long-term partnership. Since the • Determine and organize training programs, contract term extends over several years, we based on need and skill level, for functional have developed our services to ensure complete groups within the facility (e.g., supervisors, City satisfaction throughout the partnership. maintenance staff, custodial, etc.). By partnering with Johnson Controls, the City • Perform training with each group using has the ability to customize additional training a mix of theory, hands-on practice, and to meet your needs. Our training programs maintenance manual application. can be comprehensive to increase the self- • Record each session for future use by staff. sufficiency of City staff or more focused to • Repeat on a regular basis new needs and re- develop competencies where needed. Training, establish competency on old ones. in conjunction with our service offering, is It is critical that training occurs at defined designed to protect our clients’ investment while intervals throughout the course of the project maximizing the efficiency of your operations. and after it is completed. Timing facilitates proper communication between the Johnson Controls team and your staff regarding how Designed for the buildings will be operated throughout the City of Muskegon installation period and the entire contract term. Regular refresher seminars will be scheduled To create a truly focused learning experience, from year-to-year to maintain the degree of we carefully tailor our training programs to align training necessary for your staff to perform at with the City’s goals and objectives. We will work a high level of efficiency. Each training session with you through a series of brief interviews and reviews the basic practices that remain constant simple testing with representatives from your and examines new technology and procedures maintenance supervisors, maintenance staff, as they become available. 20 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 208 of 288 Qualifications& Experience | 2 Above all, the key factor to ensure a successful relationship is to have all the facilities’ staff trained and fully knowledgeable on how this particular project fits into your overall goals. We have found that projects with a strong commitment from the pertinent staff will always exceed the initial expectation of the initiative. We also know that when our team performs interviews with staff members prior to implementing a contract, we are better able to design, install and support the initiatives in a way to satisfy everyone involved on the facility-side of the relationship. This approach allows us to generate a skills assessment of facility staff and customize our training to best fit your needs. The following is a sample Skills Assessment Report: Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 21 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 209 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 2 | Qualifications& Experience Designing an Optimal Training Program Based on the identified training gaps – or to address other training issues – Johnson Controls will work with your staff to design the most suitable and cost-effective training program. We will use a variety of training methods to instruct your staff, including these three types of training methodologies: • Hands-on training by certified Johnson Controls Training Institute On-Site instructors with continuing education unit credits Training • On-the-job equipment demonstrations and maintenance procedure reviews • Portable equipment simulators for hands-on practice • Johnson Controls Training Institute Off-Site • Johnson Controls Branch Office Training • Training partnerships with technical colleges • Interactive CDs Self-Directed • Videos Study • Workbooks and training manuals 1. On-Site Training 2. Off-Site Staff Training Several resources can be provided for on- Johnson Controls Training Institute site instruction and training. First of all, many By partnering with us, you will have access to Johnson Controls Training Institute courses the Johnson Controls Training Institute, which can be held as a remote seminar at any has successfully developed facility operation and location of your choosing. Remote seminars maintenance workforces for more than 60 years. are very effective because they allow group Experienced, certified, full-time instructors, training of the City’s facilities, systems, and who are among the most knowledgeable in the equipment. Remote seminars are taught by industry, conduct our Institute courses. They’re Johnson Controls Training Institute instructors. dedicated professionals whose daily experiences The seminars are held at City sites or other with HVAC systems, troubleshooting, convenient locations, depending on the specific maintenance, control strategies and energy training requirements. management result in a level of expertise Another option for on-site instruction is on- unsurpassed in the industry. Their ability to the-job training. On-the-job training allows our share this knowledge in a comprehensive format engineers, technicians and mechanics to provide ensures attendees experience a productive, instruction in your facilities. Training materials intensive and cost-effective training experience. include on-site laboratory sessions, course All Institute locations are equipped with handbooks, and examinations. Typical topics comfortable classrooms and state-of-the-art include energy management, HVAC systems training labs for facility management systems, maintenance, and building management system computer instruction, mechanical equipment, operation. Finally, phone support and technical and preventive maintenance. The laboratory assistance are always available and can be equipment simulates a facility environment to provided for the client’s staff over the phone or allow hands-on learning without risk to real during our normal client service visits. systems and equipment. 22 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 210 of 288 Qualifications& Experience | 2 Johnson Controls Branch Office A more convenient and cost-effective alternative to our Institute locations is receiving training in our branch office located less than an hour away at 3312 Lousma Drive SE in Grand Rapids. Sample branch training program topics include CFC refrigerant issues, pneumatic controls theory, practical maintenance procedures, and basic building operations theory. Most Johnson Controls Training Institute courses can be held at a Johnson Controls branch office to minimize travel time. 3. Self-Directed Study Customized training programs to upskill staff and maximize savings Computer-based Training Programs Proper training ensures that the people We realize that off-site classroom instruction who will help maintain the upgraded is not always practical for your staff. For that facility understand how their roles impact reason, the Institute produces several packaged energy savings. Knowledge of equipment training programs. Convenient and effective is critical to ensuring that the equipment in-house training is possible through a variety of instructional computer-based training programs operates at optimal performance levels and videos produced by the Institute. The and saves energy – all part of our computer-based training programs use the guarantee to the City of Muskegon. power and flexibility of the computer to deliver an interactive learning experience. Each modular lesson can be reviewed after the initial learning Optimizing efficiency is critical to reducing facility experience to refresh skills as needed. operating costs. Properly trained operators are the key to maximizing success in facilities. Workbooks and Manuals Johnson Controls courses and packages are designed to apply to the broadest audience The Johnson Controls Training Institute offers a possible, regardless of the type or brand of wide range of written materials for learners and equipment used in a facility. For most clients, trainers, from manuals to self-paced workbooks this is an efficient and cost-effective solution. to a comprehensive textbook on the science of Our project team will also partner with the City HVAC controls. Many of our workbooks contain to analyze existing needs and provide unique hands-on lab activities for staff to complete solutions. Here are just a few of the services using their own equipment, in their own facility. provided by Johnson Controls: If a staff member cannot conveniently attend a class, our self-paced workbooks will help get • Instruction customized for the equipment the job done on the City’s timeframe. The key to brands and models in your facilities. the success of this project lies in implementing • Instruction offered around the City’s time an effective training and development program, constraints/unique scheduling needs. specifically customized for your facility and staff. • Personal and group development plans for Ensuring that the people who will help maintain City employees. the upgraded facilities and who understand how • Customized course materials featuring any their roles impact energy savings are integral new renewables. in attaining project goals and energy savings • Instruction customized to help you meet targets. government regulations. Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 23 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 211 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 2 | Qualifications& Experience 4. AMI Training We will provide complete training to Bonding Rating Federal Insurance Company City personnel for the installation of water AM Best Rating: A++ (XV) meters, AMI system endpoints, and any other systems/equipment that will be part of this Liberty Mutual Insurance Company project. Training will be provided on the proper AM Best Rating: A (XV) use of the system software and hardware and Travelers Casualty and Surety on importing data into the existing/new billing Company of America software. Additional training may include: AM Best Rating: A++ (XV) • Move-in/move-out readings, threshold Fidelity and Deposit Company of Maryland/ settings, report generation, billing date Zurich American Insurance Company changes and security training will be AM Best Rating: A+ (XV) provided to appropriate City personnel. • Training sessions for City employees will Johnson Controls is bondable for 100% of a be held near the completion of the project. payment bond and 100% of a performance Annual retraining, or training of new bond on a project. A letter from our surety is employees, can be provided as needed. included in the appendix. • Water meter training will involve the proper installation of water meters and the endpoints b. Provide information detailing your firm’s warranty to ensure optimal performance of the system. policy (equipment and installation). Also included in this training is testing the operation of the endpoint with the handheld All manufacturer’s warranties will be transferred installation tool after installation. to the City of Muskegon upon the completion of • Troubleshooting of the entire system will be installation. If desired by the City, we would be covered during the training session. willing to negotiate extended warranties from • Ongoing client support will be provided by the manufacturer. Because of our relationships us and our partners. with the various manufacturers, some of our clients occasionally ask us to assist them in 5. Bonding, Warranties resolving warranty claims or product issues whenever a manufacturer or distributor is not as and Insurance responsive as desired, which we are glad to do because we value our clients. a. Provide the current bonding capacity; bond rating; c. Confirm that the respondent will be able to and confirmation that firm is currently bondable for accommodate the Insurance Requirements as 100% of a payment bond for construction of this project presented elsewhere in this RFQ. If the Firm acts and 100% of a performance bond for construction of in a general contractor or similar capacity during this project. A letter from a licensed surety as evidence an implementation phase, additional insurance of ability to bond for each of these categories should be requirements may apply. included in the appendix. Johnson Controls is able to accommodate the Bonding Capacity insurance requirements presented in the RFQ. $200 million single $600 million aggregate 24 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 212 of 288 3 Project Management Approach 1. Organizational Chart Provide an organizational chart that illustrates the structure of your team. Note all key personnel and subconsultants. City of Muskegon CLIENT COORDINATION REGIONAL LEADERSHIP DAVID GEHRLS BRAD ESTADT Senior Account Executive General Manager TODD PFAHL Senior Development Manager ENGINEERING IMPLEMENTATION M&V ONGOING SERVICE JOHN CRAWFORD SARAH PARIS AMBER BUHL, PE, CMVP SCOTT HANNA Engineering Manager Project Delivery Senior Customer HVAC Branch Consultant Performance Specialist Service Manager JON GUNN, EIT, CEA 18 Local Technicians, SCOTT SUMMERS Principal Development Specialists & Quality Assurance Engineer, W/WW Mechanics AUDREY NOEL, JD Database Integration/IT FUNDING & DEAL STRUCTURES CHAD KING, PHD Sustainability SCOTT KUHN LIZ CHAREWICZ BRAD LUTZ Development Leader Structured Finance Grants, Rebates & Incentives ITC Expert Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 25 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 213 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 3 | Project Management Approach 2. Key Personnel Resumes Include a one-page resume, highlighting education, licenses, experience on similar projects and any other pertinent information, for each key team member assigned to the project. DAVID GEHRLS ACCOUNT EXECUTIVE David recently joined Johnson Controls with more than 25 years’ experience in sales and management. He is responsible ROLE for developing solutions for wide variety clients, and develops business relationships with the client’s management level to Client Coordination determine needs and financial solutions. David’s responsibilities include building solution-oriented strategies that comply with the client’s mission, goals and challenges. He is also responsible EDUCATION for operational analysis, financial cash flows, negotiations and BA, Michigan State presentations. University David’s past project experience includes: Masters of Management Courses, Project Aquinas College Client Contract Type Value Birch Run Public Schools Performance Contract $2.8M Negaunee Public Schools Performance Contract $2.0M Covenant HealthCare Performance Contract $3.1M Ottawa County Performance Contract $5.4M Kalamazoo Justice Center Plan & Spec $1.2M Ferris State University Owner Direct $1.2M Mead Johnson Nutritional Owner Direct $2.9M 26 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 214 of 288 Project Management Approach | 3 JOHN CRAWFORD ENGINEERING MANAGER John provides leadership in establishing the development team objectives and team efforts. He develops and engineers projects while providing engineering and financial support on large ROLE complex projects. John provides engineering solutions for clients, Project Development which support Johnson Controls’ product and service offerings where available. He is responsible for establishing an ongoing partnership with clients, providing technical consultation on EDUCATION current systems, along with future energy and operating cost MBA, Management, efficiencies. Northwood University City of Muskegon electrostatic precipitation BS, HVACR Engineering Heights, MI system modifications, steam Tech, Ferris State Project development traps, steam pipe insulation, University engineer for this $1 million lighting, temperature controls, effort involving exterior and VFDs, mechanical upgrades, AAS, HVACR Technology, interior lighting retrofits, vibration analysis, electric Ferris State University HVAC mechanical upgrades, motors, compressed air digital building automation system modifications and system, building envelope fire suppression system improvements, water modifications. conservation improvements Genesee County, MI and more. Project development manager City of Marquette, MI for this $10.6 million project Engineering manager for a involving 15 buildings. The $28 million effort involving city- effort included lighting, wide security and IT upgrades, controls upgrade and an energy management scheduling, VSDs, boiler and system, LED lighting and street RTU replacements, solar PV, lighting retrofits, new water roof repair/replacement, IT meters and an AMI system, infrastructure improvements a cogen plant, and various and water conservation. building improvements. The City of Port Huron program will save the City $42 Water Utility, MI million and create 37 full-time jobs in the city. Project development engineer on a $3.8 million energy Wyandotte Municipal savings project that touched Utility Services, MI nearly every city facility, Project development engineer including the water and leading a $10.8 million wastewater plants as well as two-phase effort involving their streetlights. We replaced several municipal utility 7,500 meters and deployed an facilities. The scope included AMI system. Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 27 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 215 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 3 | Project Management Approach JONATHAN GUNN, EIT, CEA PRINCIPAL DEVELOPMENT ENGINEER, WATER & WASTEWATER Jonathan is responsible for developing the project scope of work, educating our clients about the various technologies that are currently available on the market, and assisting our clients with ROLE their technology selections for meters, AMR/AMI, leak detection, Project Development customer portals among others. Jon has more than 14 years of experience in the utility industry, serves as chair of the AWWA Customer Metering Practices Committee, and is a contributing EDUCATION member on the Metering Standards and the Water Loss Control MS, Business Committees. Jon also serves as chair of the C712 meter standard Administration, subcommittee and serves on both the M6 and M22 manual University of Rochester subcommittees as a chapter author and/or peer reviewer. BS, Mechanical City of Marquette, MI meters and deploying an AMI Engineering, Clarkson system. Phase 2 included University Project development engineer for a major $28 million effort to leak detection to help drive AS, Engineering upgrade the City’s water utility additional savings. The new Science, Monroe and a variety of facilities. meters and billing process, Community College coupled with a reduction in operational costs, will deliver City of Toledo, OH more than $700,000 in savings and recovered revenue. REGISTRATIONS Project development engineer for a $78 million project Engineer in Training upgrading 116,000 water City of Jacksonville Certified Energy Auditor meters, along with deployment Beach, FL of a fixed-network AMI system. The effort will provide more Project development engineer than $177 million in financial for a $6.5 million project benefits to the City over the upgrading the utility systems contract term. to increase customer service levels, reduce unaccounted for water, and implement City of Herrin, IL technological upgrades. We Project development engineer upgraded 10,000 water meters for a $2.4 million project and deployed a meter reading focused on water meter system that will provide replacements and deploying a benefits of $8.7 million. citywide AMR system. City of Ithaca, NY Knox County, OH Project development engineer Project development engineer for a $2.4 million effort to for a $1.5 million performance replace all of the City’s 5,400 contract focused on upgrading water meters and deploy an the County’s 2,936 water AMR system. 28 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 216 of 288 Project Management Approach | 3 AUDREY NOEL, JD DATABASE INTEGRATION/IT With more than 20 years of operations experience, Audrey specializes in project implementation and logistics management with data integration needs during water loss optimization ROLE programs for water providers. In the past five years alone she Project Development has been involved in more than 25 performance contracts for municipal clients with a total guaranteed value of $150 million. Audrey is responsible for establishing and enforcing standards EDUCATION and processes during the implementation of municipal utility Juris Doctorate, Land solutions projects and assisting municipalities in transitioning to Use and Environmental new water metering technologies and AMR/AMI systems. She Law, University of works closely with customer utility billing staff, IT departments Missouri-Kansas City and their billing service providers, and interfaces with the water School of Law distribution team. BLA, Computer City of Toledo, OH included leak detection to Communications, help drive additional savings. University of Missouri- Business development leader Kansas City for a $78 million project The new meters and billing upgrading 116,000 water process, coupled with a meters, along with deployment reduction in operational costs, will deliver more than $700,000 REGISTRATIONS of a fixed-network AMI system. The effort will provide more in savings and recovered Juris Doctorate than $177 million in financial revenue. benefits to the City over the contract term. City of Wylie, TX Business development leader Village of Rock Island, IL for a $7.3 million project Business development upgrading 13,350 water leader for this $14.8 million meters, along with deployment performance contract that of a fixed-network AMI system included improvements to and launch of a customer the City’s wastewater, water engagement portal. metering, facilities, and street lighting infrastructure. City of Dumas, TX Business development leader Knox County, OH for a $4.3 million project Business development leader upgrading 5,800 water meters, for a $1.5 million performance along with deployment of a contract focused on upgrading fixed-network AMI system. the County’s 2,936 water Audrey also provided oversight meters and deploying an AMI of the integration between the system. A Phase 2 project AMI system, new customer portal and billing systems. Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 29 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 217 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 3 | Project Management Approach CHAD KING, PHD SUSTAINABILITY DEVELOPMENT LEADER Dr. King brings more than 20 years of experience in sustainability and resiliency leadership, planning, implementation and reporting. He applies skills in strategic planning and stakeholder ROLE engagement with deep decarbonization knowledge to develop Project Development integrated solutions that lead to action. Chad’s experience in creative stakeholder engagement in planning and decision making has led to measurable results. His analytical approach EDUCATION provides insights for enhancing data management strategies, PhD, Environmental developing GHG inventories, net zero master planning, Science, University of decarbonization and electrification strategies. He has served in Arizona advisory roles on Mayoral committees to advance sustainability and transportation planning efforts for the City of Denver. MS, Environmental Science, University of GHG Inventory, EV Fleet operation and reach carbon Arizona Conversion and Building neutrality goals associated BA, Biology, Eastern Energy Audits, Marquette with this project. We found Mennonite University County, MI gaps between their goals and building operations. We Project lead audits provided recommendations surrounding the County’s GHG on how to address the inventory, EV fleet conversion gaps through a progressive and building energy audits. approach in their timeframe. University of Denver Ohio Dominican Sustainability Master University Campus GHG Plan, CO Audit, Columbus, OH Project lead organizing and Project lead heading up the leading the development data collection, organization of guiding principles, and evaluation efforts for this key strategies, KPIs, and multi-year GHG audit. Chad organizational goals for this wrote the accompanying master plan. Chad also led report and presented to key deep stakeholder engagement, stakeholders. and drafted the summary report and presentations to key decision-makers. City of Edmonton Resiliency Plan, OK University of Michigan Contributor to the resiliency plan for the City of Edmonton, Contributor providing which is providing a GHG audit recommendations to improve and a public facing dashboard. overall energy performance, reduce the life-cycle costs of 30 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 218 of 288 Project Management Approach | 3 SARAH PARIS PROJECT DELIVERY CONSULTANT Sarah is responsible for project installation, manpower planning, construction management, subcontractor negotiation, and supervision, engineering and implementation of performance ROLE contracting, owner direct and new construction projects. This Implementation includes cost accounting, A.I.A. billing, design approval, as-built preparation and owner training. EDUCATION City of Marquette, MI boiler replacement, chiller BS, Construction Project delivery consultant replacement and water Management, Northern for a major $28 million smart conservation. The project will Michigan University city effort involving city-wide result in savings of more than $1.5 million over 10 years AAS, Climate Control, security and IT upgrades, an Northern Michigan energy management system, and avoid 4,986 tons of CO2 emissions. University LED lighting and street lighting retrofits, new traffic signals and controls, new water City of Port Huron, MI meters and an AMI system, a Project delivery consultant on cogen plant at the wastewater a $3.8 million energy savings treatment plant, and various project that touched nearly building improvements. The every city facility, including the program will save the City $42 water and wastewater plants million and also created 37 full- as well as their streetlights. time jobs in the city. We put together a program that replaced 7,500 meters Republic-Michigamme of various sizes, and installed Schools, MI 12,000 AMI radios as well as the fixed infrastructure to Project delivery consultant receive reads automatically on responsible for implementing a daily basis. more than $3.5 million worth of new systems and equipment to update and modernize the Northern Michigan schools. University Project delivery consultant for Eaton County, MI this $16.9 million effort that Project delivery consultant involved a central utility plant for this $881,000 project addition. The plant included for 10 buildings with more one 42,000 pph biomass than 260,000 square feet. fueled boiler, one 750 kW Included lighting, controls/ back-pressure steam turbine scheduling, remote generator, and a new building terminal unit replacement, to house the equipment and fuel storage. Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 31 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 219 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 3 | Project Management Approach SCOTT SUMMERS QUALITY ASSURANCE Scott will serve as a quality assurance professional, ensuring the improvements are installed successfully. He is a results-oriented professional with extensive experience in operations, finance, ROLE administration, and project management. Scott’s major strengths Implementation include the ability to identify problems as well as create and implement solutions. He has a proven ability to manage across all levels of organization in a cost-conscious environment. Scott EDUCATION is also a team player committed to operational excellence and MBA, Finance, Graduate customer satisfaction. School of Business Administration, City of Toledo, OH City of Binghamton, NY Adelphi University Scott served as an Johnson Controls implemented BS, Business implementation lead for a a $4.3 million project Administration, $78 million project upgrading retrofitting 6,500 streetlights State University 116,000 water meters, along to LEDs. As part of the effort, College of New York with deployment of a fixed- we completed a review of network AMI system. The effort all municipal lighting, which will provide more than $177 included GPS mapping of all million in financial benefits to streetlights, an analysis to the City over the contract term. determine energy savings and a review of LED replacement designs, including new fixtures Village of and retrofit options. Lindenhurst, NY Johnson Controls implemented streetlighting, interior LED Tioga County NY lighting upgrades and HVAC Johnson Controls led a $2 controls, allowing the Village million project involving to save $375,000 annually. The lighting retrofits, building project involved upgrading envelope improvements, 2,000 streetlights and lighting energy management system in public buildings with energy upgrades, pipe and valve efficient LED lighting systems. insulation, variable speed Replace sports lighting at three drives on hot water pumps, ball fields in Village with LED variable speed drives fixtures and wireless controls. on chilled water pumps, Installed new decorative light roof replacements, steam poles with fixtures at Village trap replacements, and Marina. Improvements were temperature setbacks on also made at community building controls. The project is center, village hall, public delivering more than $75,000 works department and all fire in annual savings to the department facilities. County for 15 years. 32 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 220 of 288 Project Management Approach | 3 AMBER BUHL, PE, CMVP SENIOR CUSTOMER PERFORMANCE SPECIALIST Amber establishes M&V programs to monitor and manage energy consumption, utility supply, and facilities operations and maintenance programs to ensure that savings are consistent with ROLE performance contract contractual obligations and client goals. Measurement She brings 14 years of experience and has managed engineering & Verification teams, performed more than 50 on-site investigations to identify and quantify energy and demand savings opportunities, facilitated workshops and training for facility operators and engineers, EDUCATION scoped, and written plans and installed measurement and M&V BS, Civil Engineering equipment. with Environmental Option, Michigan State City of Marquette, MI stage for breakthrough results University Performance specialist for a well ahead of HFC’s target date of 2040. MS, Environmental $28 million effort involving city- Engineering, Michigan wide security and IT upgrades, Technological University an energy management City of Lansing system, LED lighting and street Performance specialist for lighting retrofits, new water his $17 million project that REGISTRATIONS meters and an AMI system, involved several City buildings. a cogen plant, and various Professional Engineer The upgrades we installed building improvements. The include lighting retrofits, Certified Measurement program will save the City $42 building managements & Verification million and create 37 full-time systems, boiler replacements, Professional jobs in the city. RTU replacements, mechanical upgrades, building Henry Ford College envelope improvements, Integrated Energy Master network upgrades, roofing Plan, Detroit, Mi replacements and security upgrades. Performance specialist for an Integrated Energy Master Plan (IEMP), which serves Gerald R. Ford Library, as the cornerstone of the Ann Arbor, MI campus transformation. HFC Performance specialist will reach its net zero goals responsible for M&V, project while providing students tracking and performance for with an unprecedented this $1.6 million project for classroom experience in its the 48,000-square-foot library. new Energy Learning Center, The effort included lighting, supporting career pathways, controls, boiler replacement and fostering future innovators and VFDs. The project will to create a more sustainable result in savings of more than future. The IEMP sets the $874,000 over 18 years. Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 33 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 221 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 3 | Project Management Approach BRADFORD ESTADT GENERAL MANAGER Brad oversees our largest, most complex projects in the U.S., including projects in high security environments, projects with high levels of technical, financial and schedule complexity ROLE requirements. He has led project development, contract Regional Leadership execution, and construction tasks while managing corporate and local resources to ensure project milestones are met. EDUCATION University of project will generate $76 BS, Electronics North Dakota million in savings. Brad was Engineering, DeVry responsible for supporting the Institute Project executive for the $90 development and construction million steam plant project, teams by validating which includes a new best-in- development deliverables and class steam plant. Brad was finalizing and executing the instrumental in leading the commercial subcontractors for team, meeting deadlines for the project. the development phase and throughout implementation. The focus of the project was Y-12 National to replace the aging plant and Security Complex address $20 million in deferred Project executive responsible maintenance backlog. The for managing all aspects of effort was delivered using a this $54 million federal ESPC Public-Private Partnership project that encompassed under a Design Build Finance three million square feet of and Maintain model. Johnson high-security, office, lab, and Controls is the developer, manufacturing space. The Y‑12 builder, and service provider National Security Complex is for all facilities maintenance part of the National Nuclear over the 40-year concession Security Administration and term. plays a vital role in Department of Energy nuclear security. It University of Akron is a premier manufacturing Project executive for a $59 facility that helps ensure a million infrastructure renewal reliable nuclear weapons program that features a deterrent, retrieves and stores new building automation nuclear materials, and fuels system, mechanical the nation’s naval reactors. This equipment, building envelope complex utility system-based improvements, pipe insulation, performance contract was vital lighting upgrades, dormitory to Y-12 achieving their 10-year controls, demand response site plan. The effort ultimately and energy monitoring. The delivered more than $74.5 million in savings. 34 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 222 of 288 Project Management Approach | 3 TODD PFAHL SENIOR DEVELOPMENT MANAGER Todd provides leadership in establishing the development team objectives and team efforts. He develops and engineers projects while providing engineering and financial support on large ROLE complex projects. Todd provides engineering solutions for clients, Regional Leadership which support Johnson Controls’ product and service offerings where available. He is responsible for establishing an ongoing partnership with clients, providing technical consultation on EDUCATION current systems, along with future energy and operating cost BS, Michigan State efficiencies. University City of Port Huron, MI electrostatic precipitation Senior development manager system modifications, steam on a $3.8 million energy traps, steam pipe insulation, savings project that touched lighting, temperature controls, nearly every city facility, VFDs, mechanical upgrades, including the water and vibration analysis, electric wastewater plants as well motors, compressed air as their streetlights. We put system modifications and together a program that fire suppression system replaced 7,500 meters of modifications. various sizes, and installed Genesee County, MI 12,000 AMI radios as well as the fixed infrastructure to Senior development manager receive reads automatically on for this $10.6 million project a daily basis. involving 15 buildings. The effort included lighting, Wyandotte Municipal controls upgrade and Utility Services, MI scheduling, VSDs, boiler and Senior development manager RTU replacements, solar PV, leading a $10.8 million roof repair/replacement, IT two-phase effort involving infrastructure improvements several municipal utility and water conservation. facilities. The scope included Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 35 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 223 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 3 | Project Management Approach 3. Project Management Overview Provide information on the firm’s approach to managing the development and implementation of energy performance contracting projects to ensure the project is completed within the schedule. Municipal Facility Improvements Johnson Controls is eager to continue building our working relationship to implement improvements that will address your current and future needs, and reduce your energy costs. Through our team approach, we will provide all of the benefits of a performance-based partnership to the City, including: • Delivering results and meeting your goals with our cohesive and responsive team. • Reducing costs by streamlining processes and maintaining a cohesive team. • Enhancing the quality of programs and services. • Minimizing your investment risk through Proactive Coordination guaranteed savings. Means Success • Promoting local economic development Our project managers focus on opportunities, both directly and ancillary. maintaining continuity and coordination with all team members, the City and Our project management approach is based on subcontractors throughout the project more than a century of project management to ensure the project is implemented expertise, as well as 40 years of implementing successfully. 3,500 performance contracts, including hundreds in similar facilities. Our dedicated full-time project managers bring expertise in state and local codes and regulations because they are based in the area, and undergo • Managing the project in accordance with our regular training to bring you the latest industry proven performance contract process. practices. And because they are all in-house • Coordinating and scheduling the project to employees, we provide you with single source minimize interruption to your operations. accountability and greater assurance that • Ensuring the project meets all performance the project will be delivered successfully. Our requirements and complies with all state and approach to effectively managing a performance local regulations. contract is straightforward and consists of: • Commissioning the project. Administering custom owner training and providing for a • Understanding the specific needs of the City smooth transition into planned service for of Muskegon. each system. • Assembling a cohesive, highly skilled team to • Providing guarantee monitoring in meet these needs. accordance with our performance contract • Conducting a thorough and accurate study. monitoring process. • Designing equipment and system upgrades based on the audit and financial payback. 36 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 224 of 288 Project Management Approach | 3 Below we have outlined our key project We will first develop a list of primary project management commitments to the City, the participants with their contact information benefits of our using our proven, standardized to expedite communication. We will also practices, the structure of our project include a distribution list with all reports and management team and key people involved, documents, and a list of attendees with all how we work seamlessly through all project meeting schedules. Deliverables to the City will phases, and the specific responsibilities of our be accompanied by a letter that outlines the construction manager. information contained in the attachment, as well as any requested actions. Johnson Controls will also actively issue both written and electronic Key Commitments correspondence to the subcontractors to ensure the proper execution of their coordination items. Committed to Proactive We will hold weekly meetings with the team and Communications your personnel to review the schedule, provide an update of the status of all tasks, and develop We recognize that the most successful projects work plans to mitigate any schedule changes. are those where the client is actively engaged in We will then issue any schedule updates to the the program. Joint planning, development and proper personnel. One of the critical aspects open communication are key to a successful of these meetings is reviewing any external partnership. We incorporate specific measures interface points to ensure good coordination in our project management plan to maximize between subcontractors. interaction between our team and your engineering and operating staff. They include: On a monthly basis, we will then conduct a detailed review of schedule performance. This • Conducting regular workshops and review review will be based on the work breakdown meetings with your staff to gain input on structure and variance analysis. We will your preferences and decisions on selecting implement corrective action for elements that the best equipment, as well as input on exceed established current period or cumulative provisions for equipment access and removal thresholds. In addition, we will prepare a for maintenance and design details for the summary of accomplishments and project selection of construction materials. issues. These meetings will be critical to ensure • Providing equipment installation references good coordination between all parties. Upon for your staff to contact and in some cases completion of the project, your personnel will site visits to arrive at decisions about have been vital members and participants on equipment type and manufacturers to be the project team, assuring their buy-in. approved for your project. • Participation in quality reviews of the project planning documents and the construction plans and specifications. “ “[Johnson Controls] personnel interacted with City personnel well and established positive working relationships. During the construction of this project, Johnson Controls was always accessible and responsive to the City’s needs, whether working with on-site personnel or upper management.” – Lamar Rutland, PE, Director, Engineering Department, City of Hattiesburg, MS Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 37 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 225 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 3 | Project Management Approach Committed to the Safest Work Environments Maintaining and improving safety is a cornerstone of the way Johnson Controls operates, and our commitment to the safety and health of our clients, contractors and employees ranks equally with performing quality service. Johnson Controls promotes and maintains continual safety awareness through all phases of work from planning to execution, with emphasis on hazard recognition and safe work practices. As such, each employee has the authority and obligation to stop unsafe activities and take corrective action when needed. This focus on safety is instilled through our safety training orientation, which includes: • Facility safety rules and compliance requirements. • Personal protective equipment required for the job. • Procedures for reporting unsafe acts or conditions. • Major hazards likely encountered on the job. • Emergency evacuation and take shelter procedures. • Procedures for reporting injuries and obtaining first aid. To ensure all work for the City is performed safely, we will customize our Safety Training Program for the unique situations of your project. Our program focuses on identifying hazards specific to the work being performed by Johnson Controls and the safe work practices necessary to eliminate or control the hazardous conditions identified. To provide a consistent safety program across our company we use a “toolbox” approach to provide the ongoing, job- specific safety messages to employees and contractors in an informal setting such as a small group or one-on-one basis. The toolbox program includes a library of more than 150 topics developed internally to address the hazards specific to our employees’ work activities. Each topic is outlined in a conversational format that solicits participants to share their experiences. At the conclusion of each topic, questions are listed to promote further discussion among the participants, obtain feedback and test the effectiveness of the training. Committed to the Highest Quality As part of our corporate mission to continually exceed our clients’ expectations, Johnson Controls is committed to instituting a superior quality program through all phases. We are ISO 9001:2008 registered, and as such we receive independent audits of our management system to ensure that we remain compliant. Our Quality Assurance department maintains and improves our formal quality strategy, which supports our ongoing commitment to continuous improvement in all endeavors. This group also works with our 38 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 226 of 288 Project Management Approach | 3 manufacturing plants to drive improvements in warranty and outgoing quality levels for our products. To maintain a high standard of work quality on our performance contracting projects, we follow a formal quality assurance process. The procedures, incorporated into a published quality review manual, were developed from guidelines published by the Professional Engineers in Private Practice section of the National Society of Professional Engineers. Final reports, specifications or drawings cannot be reproduced until the proper reviews have been conducted and the quality of the report, drawing or specification meets acceptable standards. Quality control tasks are separately identified and monitored within the project accounting system. Specific to your project, we will perform inspections and tests of all items of work, including that of subcontractors, to ensure the quality of materials, workmanship and the functional performance of each project. We will establish periodic reviews with the City either weekly, bi-weekly or monthly. Our local subcontractors demonstrate this same commitment to quality by performing work in a “partnering” environment. The majority of our subcontractors have worked with us before and are fully aware of the requirements and are actively involved with this process. Standard, Proven Processes Lead to Successful Projects These key commitments and our entire project management process are detailed in our Construction Management Handbook, which is distributed to all project managers through a company-wide SharePoint site. This provides a timely means of sharing collective knowledge to project managers with the best practices developed by their colleagues throughout North America, ensuring consistently superior project performance. We developed, perfected and standardized these processes because construction management involves hundreds of tasks performed throughout the project lifecycle. While some tasks and deliverables are one-time events, most occur as a project “continuum” as the project progresses. Our Construction Management Handbook is a key part of how we drive excellence throughout the organization to ensure each of these tasks is completed successfully. The Handbook serves as a roadmap for our project managers so they can effectively manage projects of all sizes. It breaks down a project’s lifecycle into specific phases, and then outlines the tasks the project manager needs to complete. The compilation of standard processes, checklists and tools sets standards for professional delivery of projects using a consistent format. The Checklist for Success, for example, Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 39 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 227 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 3 | Project Management Approach lists the most important tasks and deliverables required to successfully manage a Johnson Controls project. The Checklist is used as a planning, tracking and documentation tool for the project manager and Johnson Controls’ management to assure the project’s compliance to our quality standards. Shown below are excerpts from the Handbook. To ensure your project is delivered successfully we will use our Construction Management Handbook, which is a formal set of guidelines, processes and tools. With each our project managers implementing projects according to proven best practices, you can rest assured that your project will be completed as you envision. Project Management Team Structure and Key Personnel Using the Construction Management Handbook as the foundation, we have outlined below a project- specific implementation plan. Sarah Paris, your project manager, will be intimately involved in the development of the projects and will be your single point of contact through design, procurement and installation, until completion of the entire program. She will also plan and control the overall schedule and quality; coordinate and communicate with the site construction superintendents; and oversee other project elements such as documentation requirements, safety training and security requirements. The direct responsibilities of our Project Management team include: • Planning, organizing and controlling our implementation team to ensure successful fulfillment of the project objectives. • Providing an on-site presence for supervision of subcontractors and coordination with City staff. • Ensuring all contractual obligations are executed according to applicable policies and procedures. • Reviewing and approving all actions relating to changes. • Ensuring all deliverables are provided on schedule with a high level of client satisfaction. • Ensuring that formal specification changes are reviewed and incorporated into the appropriate documents. • Ensuring overall project quality according to the quality plan. • Advising area management of any potential deviations from explicit or implicit contract performance requirements. • Conducting regularly scheduled job progress meetings for all participants to maintain effective working level interfaces, review project status and direct appropriate actions. 40 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 228 of 288 Project Management Approach | 3 To ensure your project is delivered successfully we will use our Construction Management Handbook, which is a formal set of guidelines, processes and tools. With all of our project managers implementing projects according to proven best practices, you can rest assured that your project will be completed as you envision. Seamless Transitions Between Project Phases We make a point to implement into our process smooth transitions from one phase to the next, as shown in the graphic below. We involve our personnel and outside team members early to promote continuity, communication and coordination so nothing is missed. The project manager, for instance, will be involved early in the development process to help with the initial design and pricing, and to become acquainted with City needs and facilities. This will ensure the project development work is completed with a seamless transition between the development team and the project management team. We have developed and perfected this process on more than 3,500 performance contracts, so you be assured that with Johnson Controls your project will be implemented as you envision . Engineering Implementation Measurement & Ongoing Service Verification Our core City of Muskegon team will be involved throughout the process David Gehrls - Account Management and Customer Satisfaction Lead John Crawford - Engineering Manager Support Role Chad King - Chad King - Sustainability Lead Sustainability Lead Sarah Paris - Project Delivery Consultant Support Role Support Role Amber Buhl - Senior Customer Performance Specialist Support Role Service Support Role Technicians Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 41 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 229 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 3 | Project Management Approach Key Responsibilities of Our Project Manager Sarah Paris, the project manager, will be responsible for managing the entire project team. She will assign responsibilities, define expectations, measure performance, report on progress, and support the entire team’s ability to achieve the goals in the construction plan. Sarah also serves as the primary client liaison throughout the entire implementation process. In this capacity, she coordinates weekly construction team meetings with the City to ensure open lines of communication and expedient problem resolution. Sarah will also conduct daily project status meetings with project foremen to discuss issues and maintain updated progress reports. Finally, she will ensure that all work is performed safely and in accordance with the design and contract documents. Our project management plan is customized to each effort’s size, complexity and unique challenges. It directly supports your goals by providing you with an experienced team with specific local government experience. Sarah will coordinate the implementation phase from our office in Grand Rapids, with additional support from our other Michigan offices as required. These offices will serve as centers for the management, communications, planning, design review, field engineering, and technical support, as well as the center of coordination for the installation of the ECMs. The key aspects of our project management plan are highlighted below. Developing a Detailed of construction forecasting and planning. For greater detail, see our preliminary project Plan and Schedule schedule in the appendix. Sarah will create a specific, detailed plan for the implementation of Coordinating Effectively the project. We plan and schedule each task according to the critical path methodology and with Your Daily execute each phase in line with the designated Operations critical path schedule. Individual aspects are labeled with several key points, including the We understand that minimizing retrofit category, critical preceding tasks and disruptions is a priority. Sarah, our construction linking tasks, construction milestones and managers and even our development engineers necessary deadlines, management skills and will coordinate the schedules with your staff tools required, follow-up responsibilities, special to limit any disruptions, scheduling deliveries instructions, and changes from the original and installation times after hours or other low specifications. occupancy times. You may also have other capital or renovation projects taking place Our ability to forecast various cost, labor and during the construction phase, possibly affecting material aspects accurately will also benefit the scope of this effort. It is common for these the City by eliminating wasted labor hours, projects to be integrated with the performance minimizing material and labor costs, and contract scope. Sarah can work with you streamlining implementation. An essential to outline a strategy to further coordinate aspect of this is determining, correctly and schedules and streamline project management. precisely, the amount of specific labor type, man-hours and skill sets required to complete a task within a period of time. Because so many Delivering Equipment tasks are dependent upon the completion on Time of a previous task, we use a detailed and Ensuring equipment is available accurate manpower loading system to ensure and delivered on time is critical to a timely installation. We have tremendous meet your schedule and ensure the guaranteed local government experience in forecasting savings begin on time. Because we hold the PC projects and have developed large risk for the guarantee, Johnson Controls has databases that will facilitate Sarah in all facets developed a process for purchasing, delivering 42 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 230 of 288 Project Management Approach | 3 and managing equipment. This process Seamlessly Integrating includes establishing responsibilities to assure adequate review, approval, timely delivery and Subcontractors proper storage of submittal materials. We are Effectively working with a world-renowned innovator in new methods subcontractors and suppliers will of inventory and materials management, and be critical to meet the schedule and make sure offer unique benefits. With billions of dollars equipment is delivered and installed on time, of product manufactured annually, Johnson and we bring a proven process that seamlessly Controls is viewed as one of the highest quality integrates local contractors into our team so you suppliers of products have a single point of and on-time delivery contact throughout services. And as the the entire project largest ESCO, we have the strongest buying Our project and there is no finger pointing. We are power in the industry, management plan is directly responsible providing you with for all work our very competitive customized to each subcontractors prices. In all instances, perform. As such, a log of all submittals effort’s size, complexity selecting the right and a complete set of firm is key. We will files for the submittals and unique challenges. work with the City will be maintained in to partner with your the project files. preferred contractors who bring experience in your buildings, other local firms to help grow Proactively Identifying the local economy and diverse firms to help and Resolving Problems meet your participation goals. Sarah is also an expert in delivering quality construction projects with Commissioning many years of experience. Even though one of her main responsibilities is to avoid problem Equipment to Ensure situations altogether, problems sometimes do Successful Completion arise. In implementing more than 3,500 similar Commissioning provides a defined process projects, we have developed and perfected the for lowering energy costs, reducing O&M tools and processes necessary to identify and costs, ensuring functionality and reducing life resolve issues or concerns before they escalate cycle costs, resulting in higher reliability. Our into major problems that threaten the schedule. commissioning approach extends through all To control work scope, costs and schedules, our phases of the project, from concepts developed Cost and Schedule Management System creates during the initial proposal to post-construction a feedback and control mechanism. We place operation, with checks at each stage to ensure an emphasis on developing a detailed scope, that proper procedures have been followed. This schedule, budget and technical performance allows us to effectively verify and document the plan. We closely monitor performance and performance of all building systems. Because compare it to the plan. Where performance and energy and operational project benefits are plan deviate, we highlight and analyze variances funding vehicles for the capital improvements for appropriate management action. We also under performance contracts, commissioning have local, regional and corporate subject works in conjunction with the measurement and matter experts in a variety of fields that can verification of savings. It also ties into the training be brought on as needed. These time-tested of building operators and facility maintenance procedures and methodologies, codified in our personnel so they can continue to operate the Construction Management Handbook, will make building systems as they are intended. the entire project seamless to the City and staff. Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 43 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 231 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 3 | Project Management Approach Water Metering Team Members Identification Every vehicle and team member will display the Johnson Controls Meter Team identification so residents will recognize us when we are working on their meter, as well as when they see our vehicles. All managers wear blue shirts and the workers wear bright orange vests. Distinguishing between different classifications of workers allows the City to know with whom to make requests. If the utility personnel have any need, they can speak to any of the blue shirt team members. Meter Change-Outs We will detail our meter change out process during preconstruction meetings. Topics range from what types of materials your utility department wants us to use to the exact Johnson Controls team members and trucks are readily identifiable. Our team process we follow for shutting the water off and on. The subject members wear distinctive uniforms and matter is too lengthy for this document; however, there are a few carry photo IDs at all times on the project. worth mentioning: Training Supervision Responding to Old Meter The installers are A foreman will supervise Problems Ownership trained to properly each set of five small- When installing between Following the change the meter meter installers. 100 and 200 meters each installation of the new and AMI device that The foreman travels day, a small percentage meters, the City will the City selected. between each of the of those installs will retain full ownership Each installer will installers, ensuring that require a revisit. of the old meters. Due know the importance they are performing Therefore, a 24-hour city to their high brass of handling the their work as trained response person (CRP) content, they often meter and AMI and that they are not is made available. The have significant scrap device with care having any abnormally CRP’s primary job is to value to help offset and will attend daily difficult meters. respond to any call that the project cost. meetings to discuss A superintendent may come into the utility issues raised by the oversees the foremen, department regarding utility. monitors performance, meter installation. They adheres to the carry an on-call phone schedule, and ensures that is available to anyone that crews have all affected by the project. necessary materials. JCI Connect We can also use our innovative JCI Connect tool to increase production activity and deliver extraordinary customer service. JCI Connect is a web-based program allowing for daily communication for subcontractors and the City to keep everyone up to date on the project’s progress in real time. Some of the capabilities of the program are illustrated with the following sample screenshots. With Johnson Controls, Project Manager Sarah Paris leads this critical aspect of the project, and you will always know exactly where the project stands. Most other firms need to rely on subcontractors for data interfaces, reporting, quality controls and other key tasks. 44 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 232 of 288 Project Management Approach | 3 Mapping Functionality – Closer View The map above demonstrates a large meter inventory. Click any icon to view a list of details and links to different aspects. The account number link shows the full details page. The identify link shows the street view. The navigate link gives directions to the item’s location. The retrofit pictures link allows you to upload and download images for each piece of equipment. Identify Link Convenient street map views are available and provide you with all of the same interactive icons. This allows for proper planning and reduces the amount of time an installer uses to find the meter. Upon completion, the installer can upload pictures of the meter pre- and post-retrofit directly from an iPad. Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 45 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 233 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 3 | Project Management Approach Quality Control Inspection Commissioning the AMI System To ensure all installations are performed Our project manager is responsible for AMI according to plan, we will take both before and system commissioning. Each billing system book after pictures of the installation, as well as a is commissioned as it is installed to ensure that close up of the reading on the old meter. As the all meters are reading correctly and transmitting new meter is being installed, the JCI Connect their readings accurately. Our read rate installation module will collect and transmit the guarantee ensures a 98% daily read rate with a data, in real time, to a dedicated server where it 100% read rate over a 72-hour period. Even if a will undergo a series of quality control checks. meter fails to send a reading due to a temporary These quality control checks include verification obstruction of the AMI endpoint at the time, the of the following: historical consumption data will backfill on the next read and will not be lost. By the end of the • The final read on the old meter is in line with project, the City will have an AMI system that is the previous billing read. 100% tested. • All newly installed meter and radio identification numbers are correct. • The new meter size matches the inventory. Sign Off Procedure • The scope of work is followed on every account through visual inspection of the As previously mentioned, commissioning of the photographic evidence. books occurs as installations are completed. Once a route is commissioned, a representative Any data that does not pass the quality control from the City is asked to join the project manager check will be flagged and the installer will to read these meters. Once the meters have been be required to recheck the data before the read to the satisfaction of the City representatives installation can be finalized. and the project manager, the route will be signed off and it will be available for billing. Data Handling Project Quality After the data has been quality controlled, we input it into your billing system as smoothly The Johnson Controls project manager will have as possible. Prior to the project, we will work the following responsibilities with respect to with your billing system provider to establish quality control: a batch update routine that will update the billing system with the change-out information, • Ensure all work is performed in compliance eliminating the need to manually enter the with contract requirements, construction information. industry standards, and code requirements. • Ensure all work is performed in accordance with Johnson Controls’ standards. • Manage and coordinate quality control activities, tests, samples, and results. • Ensure weekly project briefings are held to discuss quality. • Ensure drawings are kept up to date with Bringing an Unbiased Perspective the proper revision and provided to the to the City of Muskegon contractor. Johnson Controls brings first- • Inspect equipment to be installed and reject hand experience with every major equipment if found to be noncompliant manufacturer’s systems and has with specifications or damaged during delivered more than 150 AMI/AMR transportation. systems as part of $500 million worth of • Investigate and resolve warranty problems, water metering projects. and indicate the action taken on warranty reports. 46 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 234 of 288 Project Management Approach | 3 4. Subconsultant Management Describe how your firm will select and work with subcontractors. For subconsultants that appear on the organizational chart, provide resumes for key staff. Selecting subcontractors for includes reference checks, your project is conducted on a financial status review and a client- and project-specific a site visit to a comparable basis to ensure we choose the project where appropriate. best match for Muskegon and the finalized scope items. As We then work with you to such, we have not added any select the partner that can subcontractors to our team. provide the best value for Johnson Controls will work with the City in terms of quality, the City to collaboratively select cost and responsiveness. We firms, taking into consideration negotiate a contract with the the City’s preferred contractors terms and conditions that who bring a record of success provide the best mechanism with Muskegon, local firms for managing services or to enable you to invest in materials while being fair to the community, and diverse all parties. Our performance- firms to help achieve your based contracts with partners participation goals. assure us of obtaining quality service. Our vendor This approach gives us the management plans enable us flexibility to reach agreements to track and control costs and that provide the greatest performance as closely as if we benefit to each specific client were doing the work ourselves. and site. And, recognizing Most importantly, we retain full that each client has a specific accountability for all work our culture, we seek to find firms subcontractors perform. that will complement and align well with the client to ensure a strong working relationship. Our Commitment to Local Firms Selection Process Our local presence in cities around the world has Effective subcontractor allowed us to develop strong management begins relationships with contractors with screening through a who have a proven track competitive bid process, record of delivering and maximizing the use of local meeting our expectations, firms. We evaluate our and those of our clients. partners for financial capability, Our approach balances best technical excellence, past value with local contractor performance, personnel considerations. We always seek qualifications, ability to meet to maximize the use of local specifications and the realism firms, as well as participation of their cost. Our process, from minority and women- outlined on the right, also owned businesses. Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 47 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 235 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 3 | Project Management Approach Johnson Controls’ Commitment to Supplier Diversity: Diversity business development is the set of commercial and purchasing processes that incorporate diverse-owned businesses as elements of our product and service offerings. It Gaining Your Approval is a strategic business imperative that supports The City reserves the right to approve all our mission to exceed customers’ increasing subcontractors. We will collaborate with expectations. As such, goal attainment and you to select proven performers who progress is reviewed and communicated meet your criteria. throughout the organization on a monthly basis. We understand that diversity business development is a team effort and requires the support of each Johnson Controls office, facility and account. Management Process Execution/Accountability: Johnson Controls has We manage subcontractors using the same a diversity business initiative that is directed tools we use to manage our own costs: defined by senior management and is integrated into scope of work, performance reviews, and budget our corporate strategy. A diverse business is review and analysis. defined as a company that is at least 51 percent owned, managed and controlled by one or more Defined Scope of Work/Costs minority persons, or non-minority women, or a small business that conforms to guidelines We negotiate fixed-price or time and material established by the United States Small Business contracts with our subcontractors; depending Administration, or a historically underutilized on the structure of the prime contract, we may business based on local country definitions. include performance-based incentives that We do business with more than 300 diverse are directly connected to contract fees. Our suppliers, representing more than 30 product subcontracts include a definitive scope of work and service categories. and specific contract deliverables as appropriate. These subcontracts also include “flow down” Our operations manager will make every effort provisions from the prime contract. We to use our local employees, local contractors and incorporate our contract clauses for personnel local suppliers, to ensure the project is good for conduct, security, dress codes, etc. into each the community, as well as for the City. Johnson of our subcontracts. We include a requirement Controls will also make every effort to partner within all of our subcontracts to establish an and subcontract with those firms that have internal quality control program and agreement served you well and in the past and have earned that allows us to conduct periodic inspections of the right to be associated with the project. subcontractor designated work areas. Most importantly, Johnson Controls retains full accountability for all work our subcontractors perform. “ “The ability to select from many different options presented by J CI helped us to continually maintain control of the scope and magnitude of the project while leveraging the energy efficiency and systems exper tise they bring to the table.” – Steve Allen, President, Guernsey County, OH Commissioners 48 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 236 of 288 Project Management Approach | 3 Performance Reviews We establish a technical point of control for all vendors/service providers. Typically, a manager or a supervisor, this individual is charged with reviewing vendor performance to ensure that he or she has delivered timely service at the defined level of quality. The technical monitor also reviews the vendor invoices to ensure realism and accuracy. Whenever the technical monitor finds an anomaly, he or she ascertains whether the charges are justified. This control mechanism helps ensure the City is charged only for work done and that costs are fair and reasonable. Johnson Controls Updates City Hall Controls System Budget Review To improve facility operations and occupant comfort in the buildings without We build yearly budgets that cover all projected negatively impacting the historic integrity costs, including service provider costs. As part of the City Hall, the city called on Johnson of our monthly budget review, our management Controls to install its Metasys® building team identifies any trends or instances of management system. excessive cost and ensures subcontractor compliance to contract terms and conditions. “The building controls were in need of an The responsible manager is then tasked to upgrade, but we had to be careful of how review all costs in this budget area and develop we modernized the controls system. Because justification or prepare a corrective action the City Hall is listed on the National Historic process. This control mechanism helps prevent Register, its building controls must be cost creep that might go unnoticed at the hidden, so they do not interfere with the individual item level. historical structure. Johnson Controls not only understood these special needs, they Bill Analysis also helped us meet them within our budget constraints.” The process for administering contracts - Venu Gupta, Facilities Manager, is described above. Bill paying is done in City of Milwaukee accordance with our accounts payable process. After the technical manager for the subcontract Johnson Controls and the City of signs off on the invoice to verify that it is Milwaukee staff teamed in a five-year plan accurate, the invoice is sent to accounts payable. to implement the facility enhancements. Our system’s processes are designed to identify The plan involved replacement of the 30- and correct possible duplicate invoice payments. year old controls in City Hall and the other Commitments and costs are captured within municipal buildings in the complex. Oracle, down to the lowest level of service Our team worked with City staff in bi- activity. Checks are generated as invoices are weekly meetings to identify areas that verified. Johnson Controls issues checks to need improvement, as well as initiate vendors on a predictable and pre-determined new projects. The improved control now frequency. helps keep the building occupants more comfortable and it frees the facility staff to focus on preventive maintenance and other more pressing needs. Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 49 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 237 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 238 of 288 4 Technical Approach 1. Process Overview “Our City was looking for a Provide an overview of the process your firm uses to develop and implement solu tion that would improve performance contracts. the working environment for As we develop a performance contract, we work closely with citizens and staff, increase the client to understand programmatic needs, goals and key outcomes. We use a workshop approach to collaboratively scope energy efficiency and the project, learning from your experience as we determine which minimize operating costs. buildings and systems should be included. We use a systems approach to building analysis, to include all building components, In the end, we selected the deferred maintenance needs, asset replacement schedules, and company with the best more. In this way, we will ensure that the performance contract aligns with planning done to date, balancing ROI while meeting overall program for our climate action outcomes such as improving efficiency, capturing City which was Johnson lost/nonrevenue water, progressing towards net zero GHG emissions goals, and improving resilience all by leveraging the Controls. his project performance contracting funding approach. displays this commitment Building Emissions by Department by having a significant local Total Buildings Emissions economic impact, including Metric Tonnes Scope 1 Scope 2 job creation of 37 full- Department of CO2e (NG) (Electricity) time local positions over a Arena 2186.36 545 1633 two-year period, with over Cemeteries 71.87 38.5 78,585 local labor hours at City Hall 718.73 199.2 519.4 Fire Department 704.1 152.9 393.7 prevailing wage.” Marina 214.36 204.7 – L. Michael Angeli, City Manager, City of Marquette, MI McGraft Park 21.03 21 Parks Maintenance 365.38 79.2 193.3 Planning 105.84 98.7 Water Filtration Plant 3661.05 505.1 3142.8 Water & Sewer 539.36 297.6 Total 10336.75 1481.4 6542.7 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 51 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 239 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 4 | Technical Approach We will begin our discussions focused on the buildings identified in the RFQ. Based on the GHG inventory we will evaluate additional buildings with the highest emissions to have the largest impact on energy cost and GHG. Johnson Controls has developed a comprehensive database of ECMs we have implemented for energy and carbon reduction, we describe some standard solutions in more detail below. You will find this list includes a majority of the actions identified in the Buildings & Facilities focus area in the Climate Action Plan v 1.1. Beginning on page 60 we provide an outline of the process we use to develop and implement performance contracts. Scope Items for Consideration: City of Muskegon EPC Program DPW Buildings/Grounds Water Distribution 1. Lighting (Interior, Exterior, Intelligent) 14. Meter Replacement 2. High Efficiency HVAC Systems 15. AMI Network (Fixed/Cellular/Hybrid) 3. Building Automation 16. Right Sizing / Right Typing 4. Low GWP Refrigerant Conversion 17. Remote Disconnect Valves 5. Domestic Hot Water 18. Leak Detection (Sensor Network or Satellite Based) 6. Domestic Water Retrofits 19. Customer Portal App 7. Net Zero Advisor MIS (to support 20. Lead Pipe Inspections or Remedy GHG/CAP) 21. Solar (Roof/Canopy/Ground Mount) 8. Space Planning/Remodeling at DPW 22. Battery Storage Main Facility 23. Audit CIS and Database Scrub 9. Solar (on new roof/or parking 24. Power Factor Correction canopy) 25. VFDs 10. Building envelope 26. “Smart Nodes” (sensing temp, pressure, dry pipe, 11. Fire & Security Upgrades freeze, etc. on distribution zones) 12. Ice Arena Chiller Replacement 27. New Roof at Filtration Plant 13. Other City Infrastructure (Phase 2?) DPW Buildings/Grounds Interior, Exterior, Parks, Street LED lighting & Smart Lighting Controls Driven by a room-by-room survey, Johnson Controls will identify scope on a fixture-by-fixture basis in each room of each facility, streetlights, traffic signals, parking, walkways, decorative lighting in a downtown area. This may include scopes such as T8 & T-12 linear fluorescent lamps and magnetic or electronic ballast being replaced with or retrofitted to new LED fixtures for interior spaces. In other locations, there may be high bay metal halide fixtures that can be replaced with new LED fixtures. Where needed (typically when changing layout) a photometric analysis will be completed to ensure proper light levels are achieved. In many cases, occupancy sensors make a lot of sense on the interior space modifications, depending on layout day light harvest may also make sense. Depending on the HVAC configuration we can tie these occupancy sensors into the HVAC control system to achieve dynamic scheduling for both lighting and HVAC. 52 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 240 of 288 Technical Approach | 4 In exterior facilities that are served by boilers or furnaces, facilities we equipment can be replaced with a more efficient have seen version that will increase the combustion mercury efficiency, extend the life of the new asset and vapor or decrease maintenance. To address your climate high-pressure goals, we will also evaluate electrification of sodium lights heating. that can be replaced Building Automation with LED fixtures and We address a wide range of existing controls; incorporate occupancy sensors to power down some older versions may include old pneumatic to a lower light output or off when no occupancy controls that rely on compressed air to make is detected. This same technology has been the system work. In other scenarios they may used in parking lot lights. Roadway lighting that have a simple stand-alone thermostat with may currently be High Pressure sodium can no setback capability that controls a heater in be retrofitted to LED and include technology a garage space. In other cases, we discover to enable scheduling or motion to auto dim old digital controls that have not been fully the lights. Traffic signals that are fully owned, utilized or commissioned in years. Whatever with utilities paid for by the city may be good the current situation is, we will evaluate the candidates for an intersection update to LED. In systems currently installed in each facility. We some cases, it has also proven to be a good time identify what can be done to automate the to update the controller at the intersections. system and increase the ability to schedule This can allow for dynamic signal control based the times of use and temperatures around the on traffic patterns, while renewing the life building occupancy patterns. This may include expectancy of the assets in each intersection. implementing a direct digital control system (DDC) that links occupancy sensors into the HVAC and lighting systems, or a programmable High Efficiency HVAC Systems thermostat with an integrated occupancy sensor In facilities with infrared heaters and gas fired may be applicable. In many projects, building unit heaters, such as the public works building, automation systems deliver significant savings Johnson Controls evaluates the equipment while significantly enhancing ease of operations. based on age, maintenance history and New and existing DDC can be enhanced through overall condition. We identify if a replacement the use of OpenBlue Enterprise Manager is needed or if there are other more suitable (OBEM), our digital building automation enhancements that can be made. Many times, platform. Organizations that deploy OpenBlue in with larger air handling units (AHUs) a condition their buildings experience significant energy and assessment will identify specific replacement cost savings, get more out of their real estate, needs to bring the units back to their original and report increased asset and shareholder design condition – such as replacing bearings, value. A recent Forrester study showed that motors, dampers and actuators, while leaving OBEM delivers up to 10% energy savings. much of the sheet metal to be cleaned, patched, Before deploying OpenBlue, customers lacked and painted. This renewal approach fixes aggregate understanding of the performance of damaged and broken parts and reconditions their facilities regarding energy efficiency. They the rest. This process has provided a more could track their energy spend but could not cost-effective solution than a full replacement get the detail or breadth of view necessary to of the units, especially where these are difficult understand how to decrease their energy waste, to access. In other cases, a full replacement of save on spend, and improve their environmental the equipment may be well suited, such as more impact without hurting employee productivity accessible roof top units where replacement across their portfolio of buildings. After provides higher efficiency air conditioning deploying OpenBlue, the users described saving and upgrades to low GWP refrigerant. In on energy costs by responding to issues in real Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 53 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 241 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 4 | Technical Approach time and by implementing the best practices of Domestic Water Retrofits certain facilities across their wider portfolio. Driven by a room-by-room survey, Johnson Controls will identify project scope fixture-by- Low Global Warming Potential fixture in each room of each facility. We provide (GWP) Refrigerant Conversion efficiency recommendations for each toilet, sink, urinal, shower, and faucet in the facilities. In many During the audit, we will evaluate the various cases the older flush valves and porcelain can refrigerants being used in the air conditioning be replaced with new low flow matching systems and identify if any of the air conditioning that will provide 30% savings. In many cases, systems are past their useful life. Typically older faucet aerators can be replaced with a low flow systems utilize high GWP refrigerants like R-22, aerator. For kitchen equipment, efficient spray and require a new system due the age and nozzles can be installed in commercial kitchens. the phase in of systems utilizing more efficient In areas with irrigation, a weather station refrigerants with a lower GWP, as illustrated controller can be installed to automatically adjust in the image below. These new systems will the amount of water used for irrigation based on the past, current and anticipated weather. This eliminates irrigating when it is precipitating, or if the soil is already moist. Net Zero Advisor (NZA) OpenBlue Enterprise Manager - Net Zero Advisor is a cloud based digital tool designed to streamline energy and emissions tracking and reporting. NZA was specifically designed to support projects like this one. With minimal setup, and no hardware requirements on site, it ingests energy data directly from the utility monthly It converts energy consumption to lower maintenance and operating costs while carbon footprint metrics. This allows you to increasing occupant comfort in many cases benchmark buildings with publicly available due to the new equipment being more reliable. efficiency data, to set baselines for each building These upgrades address the phase out of high GWP refrigerants that will no longer be commercially available. The GWP of R-22 is 1,810 times that of CO2, meaning that any refrigerant leaks from old systems, while potentially small in volume, are high in impact. Therefore, moving to low GWP refrigerants reduces the GHG emission related to HVAC systems, while improving efficiency and operations. Domestic Hot Water Domestic hot water heating systems will be evaluated for a higher efficiency solution, in many cases the older atmospheric burner tank style hot water heaters can be replace with a high efficiency condensing water heater or in some cases even an Net Zero Advisor Dashboard instantaneous hot water heater. 54 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 242 of 288 Technical Approach | 4 or building type, and set goals for each building based on energy audit or basic efficiency data. This improves accuracy and auditability of reporting while reducing operational efforts. With continuous monitoring, you can see the impacts of projects and programs on energy efficiency and emissions reduction. Automated reporting simplifies updates to the GHG inventory, and a direct import and export feature for EnergyStar Portfolio Manager provides scores for each building while meeting reporting requirements recommended in the draft Climate Action Plan v1.1. Space Planning/Remodeling at DPW Main Facility As operational needs change over time or building utilization patterns are modified, it may become necessary to move people or whole departments to optimize existing spaces. This may be as simple as employees moving to a new desk, or it may become more complicated if departments have outgrown their current spaces. In these cases, we have assisted other clients in a thorough review of department needs, identifying the limitations of existing spaces, and developing a suitable plan to renovate, remodel, or build new space as needed to accommodate operational goals and efficiencies. This process typically requires interviews with city staff, managers, supervisors and employees to holistically review space needs. From here workshops provide opportunities to review recommendations and determine the desired modifications to be included in the final scope. Solar PV (On New Roof or Parking Canopy) Solar PV is a great way to reduce the amount of electricity you purchase from the utility company and reduce GHG emissions by utilizing this carbon free energy. Solar PV sizing is determined by several factors such as your total electrical consumption, daily and annual use patterns, the facility electrical configuration, age and structural integrity of roof, location and orientation of parking lot, or access to ground space. During solar PV planning we recommend a holistic approach to site evaluation, exploring the potential benefits of a system that integrates battery or Distributed Energy Storage (DES) on the site or EV charging stations in the parking lot under the solar PV canopy. We work with you to develop a detailed system scope for the final engineering, layout, and sizing. We also facilitate filing the interconnection application with the utility company for approval. Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 55 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 243 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 4 | Technical Approach Building Envelope Depending on the number and severity of the leaks prior to replacement, insulation may also The building envelope consists of roofs, walls, need to be replaced, either in spots or entirety. windows, doors, all of which impact building Roof decking may also need to be replaced. insulation values impacting energy use in All of this is considered when doing a roof the building for heating and cooling. These replacement, our evaluation not only looks at can be damaged, new products may improve replacing like for like, but we also determine performance, or they can simply reach the end potential benefits of adding insulation meet of useful life. During our audit, we evaluate current code or go beyond to gain additional the various components for impact project savings. During roof re-design, we also evaluate improvements could have on efficiency. the drain and pitch to ensure proper drainage Typically, weatherstripping on doors and on a “flat roof”. windows fails and needs to be replaced. In other cases, the roof-wall intersection isn’t Fire & Security Upgrades sealed properly, allowing air to enter the facility, or the caulking on a pipe or electrical Technology changes quickly, and as a result, conduit penetration needs to be replaced. In the fire and security systems may be outdated other cases, aging windows are well past their and need upgrades to stay current. As space useful life and need to be replaced to eliminate changes over time there is often a need for leaks and broken seals between windowpanes. additional fire suppression or detection, or Roofing also fails over time, with obvious leaks. there may be benefits from additional security Patching and repairs may work for a few years, cameras or access controls. Technology in but in time a full replacement is required. cities has advanced to help law enforcement – through additional security cameras on the exterior of facility or strategically selected lighting poles. These measures can be tied into new technologies like gunshot detection to provide the city and law enforcement with a holistic solution for active emergency response. We work with your staff to identify needs and develop technological solutions. Ice Arena Chiller Replacement Ice rink chilled water systems can be costly to run, maintain and operate. Proper operations and maintenance are key to producing a safe skating environment. Without functional mechanical equipment, ice temperature 56 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 244 of 288 Technical Approach | 4 fluctuations can lead to soft ice, impacting Other City Infrastructure skating conditions, or lack of humidity controls After this RFP, we would like to discuss the city may cause fog on the ice affecting visibility. In buildings and infrastructure as a whole and extreme conditions, condensation may drip identify any other sites that may benefit from on the ice, causing bumps on the ice causing this type of project and approach. A holistic significant damage to skaters or the zamboni. approach to the city infrastructure can provide We have worked with ice arenas and rink significant initial progress towards the climate operators throughout the state to identify action plan, providing an implementation plan needs and develop solutions to overcome these to align building and infrastructure to your challenges. Solutions we have installed range goals of net zero emissions. This comprehensive from modifications to the existing equipment approach can identify phases of implementation and controls of equipment to full replacements for ongoing improvements required to reach of the dehumidification equipment and chillers this goal by 2040. Other facilities that we with more efficient chillers, pumps, and air- have helped cities with include - City Hall, Fire handling equipment. During the audit, we Stations, Arena, Convention Center, Water Filter work with staff and users to clarify issues and Plant, 17 Lift Stations, AMI, Street lighting, Traffic determine the most cost-effective solution to Signals / Controllers, Parks Facility Lighting & deliver the desired outcomes. Irrigation, Cemetery, Marina, etc... Water Distribution Meter Replacement Johnson Controls proposes to deliver a complete meter replacement project – including all associated data integration - for all accounts in the city. We understand that an ongoing meter replacement program is underway using in-house resources. Our staff and expertise are at the disposal of the City to help decide if the meter technology currently being deployed meets all the present and future needs of the City. Centered around a half-day workshop, we will collaboratively neutral and has installed AMI systems from evaluate product and solutions on the market every major manufacturer during our 26-year to meet your needs both today and tomorrow, career in this business. As such, we can provide taking into consideration: accuracy over 20- you with the correct information and look at the year term of positive displacement vs. static options holistically to make a selection that will metering; integration with network; features and best fit the City’s needs. capabilities; O&M; warranty; and cost. AMI Network Right Sizing/Right Typing Did you know that it’s entirely possible to have Johnson Controls will work with the City to meters which meet AWWA new meter accuracy identify an AMI system network that will meet standards but still lose billable revenue for the the City’s needs – both current and future. We City? Johnson Controls will take a deep-dive into will hold a workshop with the City to discuss your meter data and will physically survey larger the options that are currently on the market, commercial accounts in order to find meters the features of those systems, communication which are of the incorrect design and type of methods, available Smart City/IoT applications, meter given the customer being served. and much more. Johnson Controls is vendor Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 57 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 245 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 4 | Technical Approach Remote Disconnect Valves Customer Portal Remote disconnect technology can greatly Customer portals allow for utility customers to reduce or even eliminate the number of truck view their own data, track their consumption, rolls that are required for water shut-offs/turn- set alerts for themselves, and many other ons by allowing the City’s customer service useful features which can reduce the workload representative to disconnect water service with a of the City’s customer service representatives. few keystrokes at their computer. This capability Some of our past customers have also used reduces the amount of time spent in the field to their customer portals to facilitate customer perform the shut-off, increases safety of workers communication for non-water-related who may be confronted by an upset customer messaging such as community events, delayed if they’re on site, and provides an incentive for trash pickup, and other messages due to a high prompt payment for any customers who may adoption rate among customers and the speed be in arrears. This technology is also useful of communication. for “snowbirds” who may desire for their water service to be disconnected and/or in situations We will present and discuss prominent customer where a large customer-side leak is detected portals which are currently available on the while they’re away. Johnson Controls will present market along with the detailed features of those and discuss the current options for a remote portals. Additionally, Johnson Controls can help meter disconnect technology. the City generate a custom marketing campaign for the customer portal to assure the highest possible adoption rate among customers. Distribution Leak Detection While leaks that occur on the customer’s side of the meter are important, the leaks which occur in the distribution system are equally as important. Distribution system leaks which are allowed to continue not only result in higher water loss for the City resulting in increased production costs, they also lead to other infrastructure issues such as Inflow and Infiltration (I&I), sink holes underneath roads, or large catastrophic failures which can flood homes, businesses, and even entire areas. Johnson Controls will present and discuss the available technologies on the market today, including satellite imaging, allowing the City to make an informed decision on how best Lead Pipe Inspections or Remedy to target these leaks and further reduce non- revenue water. Lead and copper service lines have been all over the news in recent years and the US EPA has set a number of upcoming deadlines as it pertains to the remediation of lead in water distribution systems. Our installation teams have the capability to perform lead and copper surveys during our meter installation phase since Johnson Controls will already be on site at every water service in the City to perform the meter replacement and/or AMI system upgrade. This will allow the City to have a real, verified test for each service in the City that is not based on statistical samples and will allow any unknown services to be documented. 58 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 246 of 288 Technical Approach | 4 Solar (Roof/Canopy/Ground Mount) Power Factor Correction Water treatment plants are generally very Due to the nature of the electric loads at a good candidates for solar PV electric power treatment facility, a power factor penalty can generation, checking the boxes for: open space be substantial. In addition, this adds additional for ground mount arrays; behind the meter load; electric current to switchgear, MCCs, and cabling and a very favorable electric load factor. Johnson in the form of reactive power. Johnson Controls Controls is the first (and only known) ESCO to will investigate to determine if fixed or switching implement a floating array at a water treatment capacitor banks are justified. plant lagoon shown below for the Town of Walden in Colorado. Variable Frequency Drives (VFDs) Johnson Controls will investigate any applications for VFDs at the treatment plant or pumping stations. “Smart Nodes” on Distribution System Technology is available that allows municipal utilities better insights into system and zone performance. The Sensus ally® meter (see photo) Battery Storage not only offers In conjunction with a PV array, Distributed 3-way disconnect/ Energy Storage (DES) should be explored for reconnect remote the City of Muskegon. A DES solution would valving, but also allow leveling of electrical loads, a hedge against has pressure, future rate increases, enable advanced load temperature and alarms (freeze and dry pipe). management strategies such as Time-of-Use billing, and provide independence and resiliency. New Roof at Filtration Plant This evolution at water and wastewater treatment facilities to a microgrid approach is Typically roofs have a warranty and expected gaining acceptance nationwide. An interesting life of around 25 to 30 years, as the roof byproduct of this approach is that these plants approaches this age you may experience more are then very good candidates for community leaks on a frequent basis. While minor repairs emergency shelters. may extend the roof life, at some time, it needs to be replaced in whole. Similar to the new roof replacement at the DPW facility a few years ago, Audit CIS and Database Scrub it sounds like this roof needs a replacement. As part of our standard process, Johnson While evaluating this roof for replacement, Controls will perform a comprehensive analysis it will be evaluated for the condition of the on the utility billing data. We will check for insulation, if that needs to be replaced in select potential errors in rate code applications, meter spots or in its entirety. The roof decking will multipliers, and other areas of the system which also be assessed and replaced as needed. In may currently result in the City underbilling this evaluation, we also inspect the amount of their customers. We shall inform the City of any insulation, roof drainage and structural analysis errors that are found along with suggested to address code and efficiency goals, improve remedies which will be implemented during the roof function, and assess the potential for installation phase of the project. rooftop solar PV. Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 59 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 247 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 4 | Technical Approach Process Overview The City can fully rely on Johnson Controls to develop and implement this project successfully because we have perfected a project approach on 3,500 projects over 40 years and bring dedicated project managers who manage the installation using proven practices. Our approach is broken down into 12 steps in four phases: 60 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 248 of 288 Technical Approach | 4 Objectives: Identify Objectives: Determine project objectives, target the project parameters systems for improvement, and funding sources, and determine the conduct in-depth potential overall benefit assessments of the of implementing a facilities, and create the performance contract. proposal detailing the scope of the project. 1. Interviews with the City In an “ideation” workshop environment with key 1. Determine Final Scope, stakeholders, we ascertain: Pricing and Funding Source In workshop settings, we finalize the: • The City’s goals, key business drivers and challenges. • Method of establishing project baselines. • Maintenance and operational procedures. • Measurement and verification approach. • Overall spending practices. • Operations and maintenance and service. • Construction coordination. 2. Site Survey • Financial strategy using all rebates and local, state and federal incentives. • Investigate the budget and study utility bill history. • Interview City staff. 2. Detailed Engineering and • Conduct site visits to assess conditions and Energy Study & Report systems, as well as outline how the building • Collect data through utility and facility is being used. surveys. • Gather preliminary information and assess • Develop project baselines and conduct a improvement possibilities and associated technical and economic feasibility analysis. costs. Determine payback scenario and • Develop ECMs in a shopping list format, provide cash flow data to the City. perform a lifecycle cost analysis of each, and select final ECMs with the City. ECMs are 3. Preliminary Proposal refined to a stage of 100% concept and 30% design to verify that the measures indeed • The preliminary proposal details current meet the facility and financial requirements. energy use and spending, and summarizes • Create design and construction documents. proposed ECMs, project schedule plans, and • Initiate a competitive bid process with City- projected cost and savings data. approved subcontractors. • We determine during a stakeholder • Finalize overall project costs. workshop how to best meet your financial • Generate project scope, cash flows and final and performance goals. report. • Selection of facility improvement and energy efficiency measures for the Detailed Analysis and Design Phase. 3. Report Delivery and Performance Contract Agreement • Organize a final project review/workshop. • Review scope with the City. • Finalize scope, project cost and cash flow. • Sign contracts. Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 61 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 249 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 4 | Technical Approach Objectives: Complete Objectives: Compare project scope, closeout pre- and post-retrofit project and educate staff conditions, provide to effectively maintain technical assistance and new systems/equipment. detail overall project performance. 1. Construction 1. Monitoring and Verification • During the implementation phase, the We offer four general approaches to assessing measures are brought to 100% design savings in accordance with the Federal Energy through a submittal and approval process. Management Program and International • Equipment procurement and subcontract Performance Measurement and Verification executions. Protocol guidelines: • Sarah Paris, the project manager, oversees the process, our personnel and the • Option A: Stipulated Savings and Baseline. subcontractors. • Option B: Measured/Stipulated Baseline, • Johnson Controls provides mentoring to our Verified Performance. diverse and local subcontractors so they can • Option C: Comparison of Similar Buildings grow their practice. with and without ECMs using Whole Building Data. • Option D: Stipulated Baseline, Verified 2. Commissioning Performance. Representatives from the City and Johnson Controls will conduct a final inspection to verify Using the approach specified in the contract, the compliance to the contract documents. We will performance assurance engineer will monitor, prepare and submit closeout records and as- track, document and report the savings to the built documents to the City. Commissioning all City at specified intervals. features of the new or upgraded equipment will be conducted using the manufacturer’s 2. Maintenance and Support specifications as well as the performance We use data from reactive, preventive and criteria established for the specific project. Once predictive maintenance efforts to assess each commissioning is completed, we will seek the system to improve overall reliability while City’s final acceptance. controlling costs. We may employ the following techniques in our proactive maintenance 3. Training program: The Johnson Controls Institute will customize • Root cause failure analysis. additional training to meet the needs of the City • Performance specifications. and offers: • Engineering evaluation. • Packaged training programs. • Operational/verification of new and rebuilt • Computer-based training packages. equipment. • Branch and on-site instruction. • Videos of the training for subsequent use. 3. Closeout Report Along with annual performance reports, we will provide the City with a final report comparing baseline totals with guaranteed totals to show the project’s impact in its entirety. 62 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 250 of 288 Technical Approach | 4 2. Baseline Calculation Methodology Describe in detail the methodology your firm normally uses to compute the energy baselines of the various ECMs, as well as actual performance. To accurately assess performance of an ECM, it operating conditions affected by the retrofit is necessary to make comparisons of pre-retrofit implementation. Energy savings estimates are and post-retrofit conditions of the facility under the result of the agreed-upon energy savings similar conditions. The pre-retrofit baseline calculation, which is based on the difference will be established by documenting conditions between the performance measurements (in terms of unit energy consumption, energy and its associated baseline values. Energy efficiency, or other performance parameters) cost savings are determined by applying the over a defined time period. The baseline will thus appropriate unit cost to the calculated energy provide a yardstick for the pre-retrofit operation savings. Total dollar savings are the sum of the of the facility in terms of hours of use on a daily/ energy cost savings from each retrofit and any monthly/yearly basis and the corresponding other savings as identified herein. energy consumption performance for those hours of use. When possible, a baseline may be created from already-established energy Required Info from Muskegon consumption information as well. A baseline may be established by using utility billing data To establish a baseline, Muskegon will need to for a utility type and measurements of the provide the following information: various end uses. • Three years of billing history for all utility data at each institution (electricity, natural To develop a baseline for a facility, we must gas, fuel oil, gasoline, propane, and water). gain an understanding of the various utility • Square footage of facility types (electricity, natural gas, oil, central steam, • Drawings, prints, maps of facilities etc.) used at the facility, and whether the • Number of staff and visitors during the same various utilities are metered on more than one three-year period. utility (billing) meter per utility type. Typically, • Equipment run time. a baseline is established for each utility type • Occupancy schedules. and ECM. The performance measurement • Access to control systems and verification of is the measured values of the post-retrofit control strategies. • Detailed information regarding equipment “ problems and/or down-time. • Changes that occurred at the institutions or with equipment during this same three-year period. • Comprehensive utility billing system extract “What’s impressed me the most abou t with a minimum 24 months of data. Johnson Controls is what I’ve seen to be a • Results of any recent meter testing activities. • Access to meters for surveys, data logging, desire of the company to develop a lasting replacement, and any other necessary tasks. relationship based on quality of products, If for some reason the requested information installation and, even more impor tant, is not available, we will estimate the unavailable information using nationally recognized sources long-term ser vice.” to assist in generating the baseline. After the – Steve Bedard, Chief Financial Officer, City of baseline has been generated, we will compare Charleston, SC the data with building profiles of similar type facilities within the same climate zone. Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 63 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 251 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 4 | Technical Approach Computer Simulation and Modeling Tools We prefer the non-proprietary eQUEST program we simulate the existing building scenario. We for determining present building loads and create various graphs and tables to view energy energy use, and in analyzing savings calculations and dollar usage by energy category, and then for various measures because it is an extensive compare the simulated data to actual utility Windows-based building simulation software bills to verify the building model. Matching the tool. It has been used widely by companies calculated data to actual data helps us and to perform load studies, understand impact our clients verify the accuracy of data obtained of different rate structures, and prepare during our detailed analysis and ensures the incentive packages. Some of the more common guarantees we made have acceptable risk. applications include: Once the simulated building profile is matched • Building Load Calculation to utility bill profiles, we simulate a number of • Heating and Cooling Equipment Sizing scenarios to calculate the savings associated • Energy Use Analysis with various measures and compare different • Hourly Demand Analysis options and alternatives. We can create • Rate and Bill Analysis numerous reports and graphs to identify energy • Fuel Switching Strategies use by equipment type, fuel type or total costs. • Economic and Financial Analysis of Various ECMs and renewable energy applications The baseline for water and sewage usage is developed using two or more years of data to The inputs for performing the above gain an accurate view of past usage. This data is applications include occupancy data, building input into spreadsheets and is verified via on site envelope, lighting, building equipment, heating evaluations of equipment and staff interviews and cooling equipment, operating conditions to determine if any significant alterations and schedules. Accurate building profiles are have been made in the recent past. We also simulated with the use of actual weather data investigate anomalies such as erratic spikes and rate schedules. After entering all relevant and unequal usage between water and sewer input parameters into the simulation package, consumption. Pre-Retrofit Calculations for the Water Meters Rate Class Average Monthly Volume Based Flow: Johnson Controls will use the Pre-Retrofit Monthly Billable Usage Data to determine the amount of unrecognized and unbilled billable usage. Pre-Retrofit Billable Usage Data will be obtained from water billing reports supplied by the City during the detailed audit. Base charges and taxes for each client class will be calculated and deleted from the total revenue to determine the volume-based revenue. To determine the post-retrofit annual volume revenue, the volume-based revenue is multiplied by the post-retrofit guaranteed meter accuracy/pre-retrofit meter accuracy. The difference between the post-retrofit annual volume revenue and the pre-retrofit annual volume revenues represents the potential revenue increase available to fund this project. For each individual large water meter: Baseline = Existing Annual Water Revenue (obtained from the City’s billing reports) Existing Annual Base Revenue = (Monthly Base Charge) x (12 Months) Existing Annual Volume Revenue = Existing Annual Water Revenue – Existing Annual Base Revenue Post-Retrofit Annual Volume Revenue (New Meter Accuracy) = Existing Annual Volume Revenue x (New Meter Accuracy / Test Meter Accuracy) Annual Water Revenue Available to Fund Project = Post-Retrofit Annual Volume Revenue – Existing Annual Volume Revenue 64 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 252 of 288 Technical Approach | 4 Baseline Calculation 3. Adjustment to Methodology for Benefits from Correcting Errors in Baseline Methodology the Utility Billing System Describe the method(s) used to adjust the energy and O&M baseline due to such factors as weather Our project development engineers and and facility use changes. Describe factors that would performance assurance specialists will review necessitate adjustment. those accounts that appear to be being billed incorrectly on a regular basis with the City staff. We will also review any errors found in the large meter survey with your staff. Some common Facility Improvements billing system errors include billing an account During the initial energy baseline creation and at the wrong rate code, billing an account for during the ongoing performance management the wrong meter size, and not billing an account of the project, it may become necessary to for all of the services it receives. For example, adjust the energy baseline for factors or unique assume that an inside city limits account that changes in the building’s use, utility or for non- is not on septic and should be billed for sewer controllable variables. Common adjustments are usage is not being billed for that service. If the for items such as: review by both Johnson Controls and the City confirms that the billing system is in error, we • Increases or decreases in the conditioned will determine the benefit by taking the base square footage or building occupancy. year billed usage and applying the correct water • Major changes in the weather. and sewer rates for the base year. The difference • Major additions or deletions to the non- between the amount billed by the City and the temperature sensitive loads in the facility amount that the customer should have been such as computers, copiers, printers, etc. billed by the City is the benefit. • Changes resulting from the addition or replacement of equipment with more energy-efficient equipment. • Changes in production variables. • Major changes in building operations outside of the energy baseline parameters. Approach Johnson Controls’ approach to energy baseline adjustments is to ONLY apply adjustments where it is both fair and equitable for both our client and Johnson Controls. Our approach is not to claim savings for consumption or demand reduction that did not result from Johnson Controls or the ECMs. Nor do we believe that we should be financially harmed by changes Attention to Savings outside of our control that negatively impact Because our performance engineering the savings generated. Furthermore, our team is in the area, they will be able to assured performance guarantee is designed for spend more time on site, and will readily modifications versus cancellation. Rest assured work alongside you to provide maximum that our assured performance guarantee will savings for this project. This one-on-one never be canceled due to changes but rather approach is critical to ensure in ensuring modified to reflect the adjustments to which our that the project savings are achieved. clients and Johnson Controls agree. Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 65 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 253 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 4 | Technical Approach Methodology Water Metering Johnson Controls’ methodology to adjust our energy baseline for one or all of the above Johnson Controls can only guarantee the variables is accomplished as follows: accuracy of the water meters that it installs. Billable usage and therefore billable water and • Johnson Controls models the changes to sewer revenue may be affected by many factors calculate the impact on the energy baseline. outside of our control, such as: • Johnson Controls computes the energy baseline calculation using the changed • Water usage trends. variables and compares this with the actual • Water rationing programs. measured calculation to determine the • Demographic and/or population shifts. impact of the changes. • Changes in the industrial or commercial base. • Regulatory changes. Client Approval • Droughts, floods, rainfall, or other weather Once Johnson Controls has computed the or climatic conditions. impact of all adjustments to the energy baseline, • Water system pressure variations. we will then review this information with the • Non-metered water usage. City. Muskegon can then either accept or reject • Failure to collect amounts due for billable our proposed adjustments. If the City accepts consumption. the adjustments, the baseline is adjusted • Changes in monthly base charges, monthly accordingly and savings are computed and allowable minimum base consumption, or reported based upon the adjusted baseline. monthly volume charges. • Changes to water and sewer rate schedules. If the City rejects the adjustments, then • Changes in water sources and treatment Johnson Controls and the City may use an processes. expert disinterested third party, agreeable to both Johnson Controls and the City, to provide Johnson Controls uses H2Optimizer, a binding direction for adjustments. Upon such proprietary software modeling tool, to accurately direction, Johnson Controls then computes quantify the financial benefits from a meter the energy baseline using the agreed upon replacement project. The detailed account adjustments and reports savings accordingly. history from the Kingston billing system is Johnson Controls Implements Similar Effort for Port Huron As part of a $3.8 million performance contract, Johnson Controls right-sized a recirculation pump at the wastewater treatment plant and added variable frequency drives to four return activate sludge pumps. The effort will save the City $7.9 million. 66 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 254 of 288 Technical Approach | 4 imported and goes through numerous accuracy checks to confirm data integrity before analysis is begun. Actual rate schedules are used to verify the billing information and for projecting the new billed amounts. Operating on data extracts from your billing and asset management records, the program locates and highlights problems such as: • Zero read and no read meters. • Meters approaching their warranted life. • Abnormal consumption meters. • Top 100 account analysis and reported • Misapplied rate codes. consumption against stored trends. The program generates reports that outline in a straightforward manner remedies this particular utility should consider to solve the identified problems. These remedies can include: • Meter/radio replacement or repair. • Investigation of meter programming. • Meter rebuild (for 2” and larger). • Leak detection. Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 67 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 255 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 4 | Technical Approach 4. Savings Calculations List all procedures, formulas and methodologies, including special metering or equipment, which your firm uses to calculate energy and O&M savings. Include assumptions made in the calculations. Measuring and Calculating Construction Savings Energy Savings We will calculate project savings on an annual The following methodologies are general basis with the period beginning the first month calculations, whereas actual calculations will be after the project has been accepted. During specific to each scope. the construction period of a project when an individual ECM is completely installed and We begin by performing an energy audit to functional, that measure will be producing identify existing conditions. Depending on the savings. The savings accumulated during identified potential scope, measurements are the period of time between when a measure taken using true RMS kW meters, temperature or measures is/are installed and when the loggers, runtime and occupancy loggers, entire project is completed is referred to as ultrasonic Btu meters, etc. The measurements construction period savings. Construction are used in the savings calculations. Based savings are measured and documented using upon the results of the Facility Survey and IPMVP like any other savings and we will Benchmarking, we perform energy savings strive to maximize the total project savings. calculations to analyze the opportunities to Improvements with short installation schedules improve facility efficiencies by conserving will begin accruing savings upon installation, energy through modifications of both operating even as we are installing other improvements. and control schemes. We also investigate and quantify the impact of equipment replacement Total construction period savings are calculated and/or modifications. These calculations by tying each ECM and its documented are performed with a variety of engineering completed installation date to its capability to software, ranging from spreadsheet calculation generate the savings. Construction savings may to detailed modeling of the building to be aggregated into a single dollar amount for determine interactions between recommended the construction period and carried forward as improvements. project benefits for the duration of the contract reporting. Construction period savings stop at Many common control, equipment, and system the signature date of the substantial completion modification calculations may be performed document. At that point guaranteed savings using Microsoft Excel. For calculations involving begin. more complicated control, equipment and system modifications, we use building modeling Johnson Controls currently maintains nearly software, such as eQUEST, to model the entire $7 billion in energy guarantees, encompassing system or facility and to ensure the accuracy several thousand buildings. Our methodologies of the results. Common ECMs investigated and energy accounting methods have withstood will include lighting retrofits, HVAC mechanical the test of time, the scrutiny of all types of upgrades, water conservation opportunities clients, and have been reviewed by numerous and the building envelope, to name a few. We energy consultants and utilities worldwide. will review the final savings calculation in their These reviews have added a level of confidence entirety with the City. Only calculations and – unmatched in this industry – that our savings projections that you approve will be approach, process and methods for projecting included as part of the project. and achieving savings, while improving facility operation, are realistic and attainable. 68 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 256 of 288 Technical Approach | 4 Operational Cost Savings Water Meter Accuracy We will evaluate and quantify operational The Overall Weighted Average Accuracy Pre- savings associated with the ECMs, but we will Retrofit and Post-Retrofit is calculated based only consider hard cost savings. We will preview upon testing a statistically valid, random these with City representatives to ensure validity. sample of the existing small water meter and intermediate water meter population using a Johnson Controls will also perform lifecycle cost 95% confidence interval in the results. Large analyses, which include the maintenance cost water meter (i.e. meters 3” and larger) accuracy for aging equipment as well as the anticipated is not averaged, however, and the results are replacement cost for old equipment. Lifecycle applied solely to that specific account. This costing compares two separate scenarios, while is different than other ESCOs who perform using accepted accounting principles to align statistical averages of large meters within the both scenarios on a comparable basis. This type system which may overstate project benefit. of analysis validates replacement of older, less efficient equipment with new energy efficient The overall weighted average accuracy is systems that are more reliable and are less calculated by multiplying the test results at expensive to maintain. Operational savings will various flow rates (i.e., low, medium, and be mutually agreed upon. During the detailed high flow rates) by a weighting factor that is study, we will meet with facility personnel to dependent open both the test flow rate and review any identified operational savings. In the type of meter, as specified in the American addition to energy and operational savings, we Water Works Association (AWWA) Manual of will explore other areas to increase efficiency. Water Supply Practices - M6, Fifth Edition, Water Meters - Selection, Installation, Testing and We will then present the results of all ECM Maintenance. ©2012 American Water Works calculations and the associated cost estimates Association, ISBN 978-1-58321-862-4. for the individual ECMs, including all savings, project costs, and payback data on a single Johnson Controls uses an advanced statistical worksheet. These calculations will enable you to sampling program to determine the quantities actually create a project set that best fits your and sizes of water meters to be removed and functional and economic needs. Selecting ECMs tested for accuracy. In this manner, we are able will be conducted collaboratively in a workshop to calculate the mean accuracy of the City’s where we will prioritize the ECMs and develop meter population without having to pull a large the final selection. number of meters, and thus disrupting utility department operations or inconveniencing clients. This gives us the assurance we need to precisely model, and measure post-retrofit, the savings gained as a result of the Johnson Controls performance contract. The program risks are minimized, while the program benefits are maximized. Our water experts are highly regarded in the industry and have been involved in writing several AWWA manuals. Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 69 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 257 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 4 | Technical Approach Johnson Controls will use the Pre-Retrofit design and install all ECMs according to your Monthly Billable Usage Data provided by the City requirements for space temperatures and to determine the amount of unrecognized and process related requirements, as well as all unbilled billable usage. Base charges, fees, and relevant codes, standards and industry best taxes for each customer class will be calculated practices including adopted state codes, and deleted from the total revenue to determine international codes, National Electric Code the volume-based revenue. and other local codes. Additionally, we will use such recognized authorities as ASHRAE, To determine the post-retrofit annual volume IESNA (Illuminating Engineering Society of revenue, the volume-based revenue is multiplied North America) and AIA (American Institute of by the post-retrofit guaranteed meter accuracy/ Architects). These standards include ASHRAE pre-retrofit meter accuracy. The difference 55-2004 (Thermal Environmental Conditions for between the post-retrofit annual volume Human Occupancy) with addendum 55a-2004, revenue and the pre-retrofit annual volume ASHRAE 62-2001 (Ventilation for Acceptable revenues represents the potential revenue Indoor Air Quality), and the lighting design guide increase available to fund this project. For each in Chapter 10 in the 9th edition of the IESNA’s rate class of water meters and for individual Lighting Handbook. large water meters: Standards of service can be maintained through Baseline = Existing Annual Water Revenue the following: (obtained from the City’s billing reports) • On-site staff maintenance (if requested by Existing Annual Base Revenue = (Number of the City). Meters) x (Monthly Base Charge) x (12 Months) • Use of Facility Performance Indexing to Existing Annual Volume Revenue = Existing monitor equipment for proper performance Annual Water Revenue – Existing Annual Base to maintain standards of comfort through Revenue programmed set points. • A performance service agreement with Post-Retrofit Annual Volume Revenue (New Johnson Controls to properly maintain the Meter Accuracy) = Existing Annual Volume equipment to agreed upon standards. Revenue x (New Meter Accuracy / Test Meter Accuracy) Amber Buhl, the Performance Specialist, will consult with your administrative staff to ensure Annual Water Revenue Available to Fund that standards are maintained for the duration Project = Post-Retrofit Annual Volume Revenue of the contract. She will run monthly automation – Existing Annual Volume Revenue system reports, analyze utility bills or potentially trend consumption directly from the meters to ensure the consumption stays within an 5. Standards of expected range. Amber will also communicate closely with City staff to ensure the comfort Service and Comfort levels are maintained and proper adjustments are made to account for any changes in Describe the method and documentation of standards operations or building conditions. If any of service and comfort. Describe the contract language standards or comfort levels are exceeded, our to agree upon maintenance responsibilities, occupancy engineers will make proper adjustment to the schedules, operational cost reductions, and other system to ensure both standards and savings responsibilities in the guaranteed savings contract. are met. The following page contains a sample of the The ECMs implemented by Johnson Controls Standards of Service and Comfort. will not compromise the safety, comfort or reliability of your environment. We will 70 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 258 of 288 Technical Approach | 4 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 71 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 259 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 4 | Technical Approach 6. Monitoring changes in usage of the building and others. This ensures that the guarantee is fair to the City and Verification and Johnson Controls. Any operational savings that are not energy-related are agreed upon in the guarantee document. a. Describe the methodology proposed for ongoing monitoring and savings verification, including the Any excess savings that are above and beyond frequency of such efforts. Note if an industry standard those used for project justification are the City’s such as the International Performance Measurement property. As an example, if Johnson Controls is and Verification Protocol is used and describe the conservative in estimating the actual savings in preferred option. an ECM that is then documented with IPMVP Option B protocol, additional savings will be Johnson Controls follows International measured and documented, but will not be Performance Measurement and Verification collected by us. The City will have thorough Protocol (IPMVP) standards, along with Federal documentation of the additional savings. Energy Management Program guidelines to measure and verify savings. There are four M&V options under IPMVP: Options A, B, C and D. For Guarantee Reconciliation many projects, savings may be verified with a The guarantee is reconciled annually within 60 minimum of measurement and at a minimum days of the anniversary of the guarantee start cost. Other projects, however, may call for a date. The total dollar amount saved for the more rigorous approach. The City and Johnson year is the sum of the amounts shown on the Controls will jointly agree to the method that monthly cost avoidance reports for that year. If best meets the project’s needs. We will discuss the total savings are less than the guaranteed the risks and costs of each alternative before amount, the City will have two options: It can a decision is made. These methodologies are receive a payment from us in the form of a shown on the following page. shortfall compensation check, or it can carry the shortfall over to the next year. A performance b. Describe how the guarantee provisions work in the contract guarantee is the City’s assurance event that project results vary from projections. Also describe how excess savings can be documented. Third that we will meet the savings expectations party guarantees are not acceptable. established during project development. Our guarantee works in a straightforward manner. If the energy savings are less than the 7. Sample Contract guaranteed amount, we will pay the shortfall. The guarantee is monitored monthly and Include in the appendix the performance contract your reconciled annually, as described below. Our firm intends to use for this project. guarantee is not a third-party insurance policy. We are directly accountable for the financial risk. Our standard contract is in the appendix. In any event, the project will be fully paid for over time from energy and operational savings. We calculate savings by comparing actual 8. Sample Audit energy usage after project completion with a baseline, defined as the amount of energy Include in the appendix an audit your firm completed the facility would have used if the project had for a similar project. Redacting personal, financial and not been implemented. One commonly used other sensitive information is acceptable as long as the baseline is a 12-calendar-month period of pre- intent of the sample is represented. project utility bills. The baseline is adjusted for factors that are not related to the project but We have included in the appendix the audit we do affect energy consumption ‒ unseasonable prepared for the City of Marquette, along with weather, changes in production schedules, the resulting M&V Report from Year 5. 72 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 260 of 288 Technical Approach | 4 Partially Measured Retrofit Isolation A. Savings are determined by field measurements of the key performance parameter(s) which define the energy use of the FIM’s affected system(s) and/or the success of the project. Measurement frequency ranges from short-term to continuous, depending on the expected variations in the measured parameter, and the length of the reporting period. Parameters not selected for field measurement are estimated. Estimates can be based on historical data, manufacturer’s specifications, or engineering judgment. Documentation of the source or justification of the estimated parameter is required. The plausible savings error arising from the estimation rather than measurement is evaluated. For example, a typical application would be a lighting retrofit where the power draw is measured before and after the retrofit, and the lighting burn hours would be agreed upon. The equation for computing the savings would be: KWSavings = (kWBaseline – kWRetrofit) x Number of Fixtures KWhSavings = kWSavings x Burn Hours Measured Retrofit Isolation B. Savings are determined by field measurement of the energy use of the FIM-affected system. Measurement frequency ranges from short-term to continuous, depending on the expected variations in the savings and the length of the reporting period. A typical application for the Option B methodology would be to measure savings from the installation of variable speed drive to control pump flow. A kW meter could be installed to read system power every minute, in comparison with the constant load measured during the baseline. Whole Building/Utility Bill Comparison Analysis C. The whole facility approach takes a holistic approach to savings verification. It is typically used when a significant portion of the energy consumption at the facility is impacted, when multiple high-impact measures are implemented and when there is interaction between the energy efficiency measures. Option C is the direct comparison of facility bills from a pre-installation base year to the post-installation bill period. Option C requires that adjustments be made to account for any changes to the facility or its operation, such as changes in operating hours, increased square footage, and new equipment, from the base year. The most recent 24 months of actual utility data is collected and analyzed to create a multivariate regression analysis to develop a baseline. Key factors such as weather conditions, square footage, end-use load consumption, environmental conditions, and occupancy schedules must be documented to clearly establish the baseline conditions that exist before implementation. Computer-Simulated Energy Use Prediction D. In an Option D analysis, savings are determined through simulation of the energy use of the whole facility, or of a sub-facility. Simulation routines are demonstrated to adequately model actual energy performance measured in the facility. This option usually requires significant skill in calibrated simulation. It is applied in situations in which a multifaceted energy management program is installed in a facility but where no meter existed in the baseline period. In this case, energy use measurements, after installation of meters, are used to calibrate a simulation. Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 73 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 261 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 262 of 288 5 Financial Approach 1. Preferred Approach “No other firm, besides Provide descriptions of the sources and types, and costs of financing Johnson Controls, provided available, as well as your firm’s preferred approach. Describe the mechanics of the financing arrangement, including equipment ownership, us with ‘real’ financial responsibilities/liabilities of each party, security interest and any special terms and conditions that may be associated with the financing this project. guarantees and the per formance exper tise and There are a number of alternatives for financing your project, including entering into a lease, using a contingent payment turn-key assurances we approach, the issuance of securities or bonds, and/or obtaining demanded.” financial support through available grants and incentives. Each approach has unique aspects relating to cost, timing, approvals, – Lester Tipton, Department of and implicit rate, and Johnson Controls does not have a preferred Public Works, City of Bedford, IN method. Instead, we will work with you to deliver the solution that will work for the City. We do not make money on financing and our Structured Finance team is a free resource to our clients. We Bring a Structured Finance Team to Identify Options Our Structured Finance department is dedicated to identifying customized financing options for clients. We can provide general information relating to all available financing options to assist with your analysis of each financing option. Johnson Controls can also provide detailed and project specific factual information on contingent payment, leases, and grants and incentives. In providing you such information, you should understand that we are not recommending a course of action on any of the financing options, nor are we acting as an advisor to you. Johnson Controls is not a registered as a municipal advisor with the Securities and Exchange Commission pursuant to Section 15B of the Securities Exchange Act of 1934. If you are considering financing your project through the use of municipal securities, you should engage and rely on the advice and recommendations of independent municipal advisors, bond counsel and underwriters with respect to the aspects of such Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 75 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 263 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 5 | Financial Approach financing. Should you need, Johnson Controls can provide you a list of such advisors with whom it has worked in the past and have experience in providing such advice on energy efficiency and facility improvement projects. Johnson Controls has no arrangement or understanding, formal or informal with, and receives no benefit, directly or indirectly, from such parties by providing you with their names or should you choose to use their services. Should you decide to finance your project through the issuance of municipal securities, Johnson Controls can assist as needed with factual information your bond counsel or underwriters may need on a description of your Our Innovation and Purchasing project, the scope, cost, and overall projected benefits. Our Structured Finance team wants to Power Means More Upgrades match the right financing structure with what is • Competitively Bid All Contracts best for the City and most appropriate for the ‒ We will competitively bid each project. subcontract so more improvements can be included, but we won’t skimp on quality. All of our subcontractors Financing Arrangements will be held to performance-based contracts so they provide the same A lease-purchase is the most common way to level of service as we do. finance a performance contracting project. We • Purchasing Power – Because we work with more than 30 different banks and purchase more than $7 billion in leasing companies to arrange third-party leases. goods each year through 400 partners, While Johnson Controls is not a party to the we are able to provide the City with lease, the Structured Finance team can use its competitive pricing on a wide array of vast network of relationships to competitively systems and equipment. This results obtain offers from lenders. This can be done in a lower equipment cost than any through a formal RFP process or we can simply of our competitors on ALL equipment provide introductions. Johnson Controls does purchases (not only Johnson Controls not commit to any single financial institution so products). that offers are always competitively procured. • Elimination of Multiple Mark Ups If a lease-purchase with a third party is not ‒ The City will receive the benefit preferred, we can offer alternatives. The Johnson Controls brings as an Structured Finance team can arrange a direct equipment manufacturer. Our ability to lease-purchase with Johnson Controls, provided buy equipment direct from the factory that we are allowed to assign the transaction. eliminates multiple layers of markup. Structured Finance can also offer the Johnson • Owner Direct Purchases ‒ In Controls Contingent Payment program, whereby addition, due to the City’s tax exempt the City pays based upon savings achieved. If status, we will work with you to a client is interested in complete transfer of identify items you can purchase operational and capital responsibility, Structured directly, thereby avoiding sales tax and Finance can work with trusted partners to minimizing the cost to the City and transfer ownership of central utility plants, taxpayer. upgrade the equipment and deliver energy to the client. 76 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 264 of 288 Financial Approach | 5 The following information summarizes the We have implemented the Contingent Payment most commonly used options, as well as some program with municipal clients such as Louisville alternative approaches. Metro Government in Kentucky. They had strong credit ratings and could afford to traditionally finance the projects. However, they simply did Contingent Payment Program not want to borrow money from a bank or bond Johnson Controls understands that our clients issuance. Also, the clients wanted to make their are often reluctant to borrow money from a savings payments to Johnson Controls out of bank or to issue bonds. With that in mind, we their utility budget. From their perspective, they offer an alternative arrangement called the pay for energy savings the same way they pay Johnson Controls Contingent Payment program. for electricity, gas and water from the utilities. Rather than borrow money from a third party, Johnson Controls funds the cost of the project. Infrastructure as a Service The City then pays Johnson Controls over time, but where the obligation to pay is “contingent” With this program, the client gets the upside upon savings delivered. If Johnson Controls does of new infrastructure without the burden of not perform and deliver the savings as expected, ownership. Rather than borrow money through the City is able to withhold payment up to the traditional debt financing, the City might want shortfall amount. The City only pays for the to expense facility improvements through our energy savings that it receives. Infrastructure as a Service program. Under this Contingent Payment Program Enables Louisville Metro to Implement Major City- wide Equipment Upgrade Program Louisville Metro Government set up a Contingent Payment Program to fund $36 million in system and equipment upgrades throughout City Hall, the Police Department Headquarters, detention centers, judicial centers and public works facilities. The improvements, which included HVAC, lighting, water conservation and other retrofits, will generate $56 million over the performance period. Prior to this project, Metro Government issued bonds to construct a new library. Moody’s Investors Service assigned a credit rating with the caveat that it could go down if the city takes on additional debt without increasing the tax base. Johnson Controls offered our Contingent Payment Program to finance the improvements with no public bond issuance or bank loan. Under this alternative arrangement that is neutral to the Metro Government’s credit rating, the payment obligations are variable and limited to actual benefits received from the improvements. “When you have limited resources it’s impor tant that you get resul ts, and that you’re only paying for success. [The Contingent Payment Program] with Johnson Controls allows us to meet that objective, and withou t us having to pu t up the capital.” – Steve Rowland, Chief Financial Officer, Louisville Metro Government Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 77 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 265 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 5 | Financial Approach program, the City would make no upfront capital According to the Association for Government investment. Together with our funding partners, Leasing & Finance, one of the most valuable Johnson Controls would pay for the cost to attributes of a lease-purchase is that it enables engineer and install mechanical, electrical, and municipalities to finance projects without plumbing improvements; the City would pay for incurring a “debt” or an “indebtedness” that is the benefits that is receives over the contract subject to voter approval and debt limitations. term. Infrastructure as a Service is a “pay for For most government entities, laws dictate performance” program. Johnson Controls pays that transactions are considered “statutory for all operations and maintenance costs during debt” if the obligations exceed the revenues the contract term. At the end of the term, the for the current fiscal period. They are therefore City can choose to either extend the service subject to voter approval and limitations. To contract or purchase the improvements for fair address this, the lease-purchase contains certain market value. Infrastructure as a Service is one covenants so that it is not considered debt. way a client can redirect operating expenses into capital improvements without diminishing its There are a wide number of banks and leasing borrowing capacity or cash reserves. Therefore, companies that participate in the lease-purchase Johnson Controls transfers the risk to us, the market. That broad supply of capital ensures building experts. competitive pricing. It should be noted that a lease-purchase is typically structured as a private placement. That lack of liquidity and the Lease Financing non-appropriation clause frequently means that a lease-purchase has interest rates that are The most common form of financing for slightly higher than a bond issuance. performance contract projects is a lease- purchase. In these arrangements, the City, as However, the closing cost for a lease-purchase lessee, enters into a transaction with a financial is relatively low, which often makes it an efficient institution, as lessor. A lease-purchase is popular financing vehicle for projects under $25 because: million. A lease-purchase is also very flexible, as amortization schedules can be “sculpted” to • It is not considered statutory debt. match the savings from a performance contract • It does not require voter approval. and there are no minimum principal payment • The documentation and closing costs are denominations. Another positive attribute is that relatively light. the time needed to close is relatively short (e.g., • The time to close can be less than 30 days. approximately 30 days). Isle Royale Taps Johnson Controls for Solar Microgrid Project Isle Royale National Park has traditionally been powered by diesel generators. Johnson Controls was tasked with developing two separate microgrid systems on opposite ends of the island. We installed 23 solar thermal domestic hot water pre-heating and 87% at Rock Harbor, as well as 45.7% of systems, including 61 collection panels. estimated fuel oil use for domestic hot water. The systems provide 78% of the energy A site controller manages the microgrid, required for domestic hot water at Windigo performing monitoring and control tasks. 78 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 266 of 288 Financial Approach | 5 Johnson Controls can work with lenders to recommendations on a bond issuance. However, design a payment schedule that corresponds to we can provide in-depth details on the project to the construction period and savings generated enable the client and its underwriters/ advisors from the project. The goal is to create a cash to structure a bond issuance in a way that best flow neutral transaction for the client. Johnson serves the needs of the client. Controls can help to identify lenders that can offer lease-purchase terms that are as long as the law will allow. In most cases, this is 15 to 20 Preferred Financing years. The longer amortization term enables a Arrangement client to obtain more facility improvements with the same amount of savings. This reduces the Our preferred financing arrangement is the amount of facility improvements that a client arrangement that is best for the City. The needs to purchase through its capital budget or amount of funding available for a performance other debt financing. contract is impacted by two main variables: the City’s financial condition and the project size that Bond Financing the savings will support. Our local team has not been involved with a project that was denied Another way for governments to finance their financing for the full amount of the project capital improvements is to issue bonds. The two desired by our clients. most common bonds that are used to finance projects are general obligation bonds and revenue bonds. Equipment Ownership In a typical general obligation bond issuance, The lessee technically owns the equipment the issuer of the bonds usually agrees to levy during the term of the lease. The lessor files a and collect ad valorem property taxes without UCC Financing Statement to protect its lien on limitation up to an amount sufficient to make the equipment during the term of the lease. principal and interest payments on the bonds. At the conclusion of the lease term, or upon Since the obligation exceeds the budgeted prepayment of the lease, lessee shall have clear revenues for the current fiscal period and the title to the equipment. borrower has attached its taxing covenant, the bond issuance becomes a burden on the citizens and likely requires voter referendum to Responsibilities/Liabilities approve. A borrower’s ability to issue general obligation bonds will also be subject to laws All responsibilities and liabilities of the lessee governing statutory debt limitations. and the lessor shall be set forth and mutually agreed upon in the financing documentation. Obligations in a revenue bond issuance are generally limited to the amount and source of pledged revenues. Some revenue bonds contain Security Interest Required a rate-set covenant that obligates the issuer to set its revenue-producing rates at levels that are The lessee may grant the lessor a first lien sufficient to cover all operating costs including security interest in the equipment being debt service. financed as part of the contract. The lessor shall file appropriate UCC Financing Statements to Johnson Controls has worked on many projects evidence its security interest in the equipment. in the past that were financed with various types of bonds. We have also worked on projects where referendums were needed for Special Terms and Conditions the public to approve the issuance. Johnson Controls has great relationships with municipal If there are any special terms and conditions bond underwriters and will freely provide associated with a lease, they are determined on introductions for client. We cannot provide a case-by-case basis. Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 79 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 267 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 5 | Financial Approach 2. Grants, Rebates and Incentives Describe how your firm will maximize the use of grants, rebates and incentives. With tight budgets, many of our clients need creative financial relief. Our Alternative Funding Team has one shared goal: to find money for you. The team identifies and helps apply for applicable grants, rebates, and incentives so you can make more improvements to your facilities and infrastructure, reduce total cash outlay, and realize greater savings. Leverage Our Grant Expertise Countless clients have turned to our dedicated grant experts. With your permission, we are ready to help you. We can collaborate to identify qualified funding opportunities, facilitate and Drive Down the Cost develop grant applications, and provide support to help manage reporting and compliance of Your Project requirements. At your request, we will use the Since 2009, Johnson Controls has following process to help you identify and secure helped win more than $433 million funding: in grant funding. Our team has an 80% win rate compared to an average • Conduct customized research and identify industry win rate of 17% to 30%. We win organizational and project-specific funding from many sources, including government and private grants, as well as the U.S. Department of Energy, the U.S. subsidized loans and bonds. Department of Justice, and the U.S. • Generate a funding opportunity report that Department of Homeland Security. highlights potential sources. • Create a project management plan for application development. • Manage the grant application process from key program and organizational information, start to finish. and submitting a final application. This close » Implement strategy to develop and collaboration strengthens the final application. gather appropriate information for competitive and responsive proposals. » Coordinate completion of required Sampling of Grants Received attachments. » Write, edit, and format response by Our Clients and Partners documents. • Review final content to ensure compliance • Hope Network in Grand Rapids – $3.6 million with requirements, ensuring project grant. schedules are met. • Kalamazoo County, Cheboygan County, and Missaukee County in Michigan – each We work together throughout this process. Your county received $508,346 through the organization will focus on identifying subject Energy Efficiency and Conservation Block matter experts, obtaining application review and Grant Program. In total, the three counties approval from executive leadership, contributing received over $1.5 million. 80 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 268 of 288 Financial Approach | 5 • Wyandotte Public Schools, Michigan – $148,736 for a more secure front entrance, Capitalize on Rebates security equipment, and enhanced security and Incentives planning. • Branson 82 School District, Michigan – Our incentive and rebate professionals work $625,950 for school security improvements. to offset your capital costs and increase your • Croswell-Lexington Public Schools, Michigan purchasing power. Our experts work with – $205,448 for security improvements. some of the most complicated and stringent • Cheboygan Public Schools, Michigan – utility providers so you can remain focused $170,000 for school security improvements. on your core mission. The Alternative Funding • Wolverine Public Schools, Michigan – Team routinely assists our clients to secure the $50,000 for school security improvements. following types of rebates and incentives from • Freeland Public Schools, Michigan – $48,074 utility companies and regional energy efficiency for school security improvements. programs: • Charlton Heston Academy, Michigan – • Prescriptive efficiency equipment rebate $25,000 for school security improvements. programs (boilers, heat pumps, furnaces, • Ewen-Trout Creek Schools, Michigan water heaters, etc.). – $13,074 for security equipment and • Custom incentives for energy efficiency or enhanced security planning. energy resiliency projects outside of the • Zion Lutheran Church, Michigan – $5,974 for utility company’s traditional prescriptive school security improvements. rebate program. • Clinton County RESA, Michigan – $43,790 for • Instant incentives, which are allocated funds school security improvements. to pay for qualified equipment purchases at • Nueces County, Texas – $7.9 million the time of purchase versus other programs to support energy efficiency facility that are normally paid four to six weeks after improvements. installation. • Acadia Parish School Board, Louisiana – $7.3 • ENERGY STAR equipment and appliance million in Qualified Zone Academy Bonds rebates. (QZABs). Funding paid for facility renovations • Rebates and incentives for renewable that included lighting, an emergency technologies (solar, wind, geothermal, management system, HVAC replacement, distributed energy storage, etc.). and a water well. • Danbury Housing Authority, Connecticut – $2.5 million to implement energy efficient Project Development facility improvements. • Case Western Reserve University and Due Diligence Johnson Controls, Ohio – $1.4-million research-and-development grant to We apply the following structured process to demonstrate the effectiveness of virtual make sure that all possible opportunities are energy audits in small commercial buildings. captured. • Santa Fe Trail Board of Cooperative • Research and identify all potential Educational Services, Colorado - $1,240,074 opportunities. to implement a regional interoperable • Recommend qualified products that have communications system for six school the greatest incentive potential to our districts and local law enforcement and first development engineers. responders. • Work with utility program representatives to: • Sheridan School District 2, Colorado » Understand utility processes and goals – $1,102,362 for school security to help streamline the City’s internal improvements. processes. • Libby Public Schools, Montana – $1.1 million » Define critical rebate and incentive grant to install a new HVAC system. timelines and milestone requirements. Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 81 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 269 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 5 | Financial Approach » Determine status of utility funding levels, availability for each program year, and payment ceilings. » Verify the City’s participation requirements and availability of incentives. » Provide rebate and incentives estimations to the City based on proposed project scope and options and adjust as needed. » Request that manufacturers submit their products for the utility’s qualified products list. » Review the City’s application with utility representatives to ensure compliance We Cut Through the Red Tape and confirm all available opportunities are included. So You Don’t Have to Our rebate and incentive experts hold a combined 32 years of experience. They Turnkey Services During blend their in-depth understanding of Project Implementation technologies and utility programs to proactively increase your purchasing You can count on us to: power. Since 2019, our Incentives and Rebates team has secured approximately • Obtain pre-approvals, rebate fund $17.3 million for our clients nationally. reservations, and utility program acceptance. • Communicate timelines and milestones with the entire team to ensure we comply with program requirements. • In Illinois, public housing authorities and • Finalize required incentive and rebate local governments have obtained more than submittals for project completion. $796,000 in rebates and incentives. Rebates • Update, submit, and track final applications supported the purchase and installation of until the City receives the funds. street lighting, interior lighting, furnaces, air handling units, boilers, solar components, and hot water heaters. Incentives have been Sampling of Rebates/Incentives obtained through the Smart Energy Design Received by Our Clients Assistance Center, an applied research program at the University of Illinois at Urbana-Champaign, supported by the Illinois • In Texas, more than 16 higher education, Department of Commerce and Economic local government, and K-12 clients accepted Opportunity Illinois Energy Now Program. over $5.8 million in utility rebates and • In California, our clients received rebates incentives to support their energy efficiency from major utility companies. Southern and renewable energy projects. California Edison’s alternative funding • In Hawaii, local government and higher provided the Los Angeles Unified School education clients have received more than District with $52,000 in rebates to support $2.6 million in rebates and incentives for $1.9 million in lighting projects; generated lighting, building envelope, power quality, $10,369 in rebates for the City of Santa HVAC, and other mechanical upgrades. Ynez and their $177,403 project; and • More than 13 local government and K-12 brought $444,043 in budgetary relief for clients in Pennsylvania obtained nearly $1.3 the California Science Center’s $9.3 million million in utility rebates and incentives to project. support energy efficiency and renewable energy projects. 82 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 270 of 288 6 Additional Services 1. Provide an overview of your firm’s additional energy efficiency related services. This section should not be more than five pages, and should not repeat services described elsewhere. “The ability to select from many different options Space Utilization presented by J CI helped us to continually maintain and Optimization control of the scope and Optimizing existing space improves operational and energy efficiencies. This need can be exacerbated in aging buildings that magnitude of the project were not designed for today’s operations. Our goal is to work with while leveraging the energy you to deliver buildings that are healthy, functional, and efficient. We have partnerships with design firms that specialize in space efficiency and systems planning, layout, and design. We work with these firms to create exper tise they bring to the a comprehensive project, where we provide energy efficiency upgrades, renewable energy solutions, adaptive reuse and space table.” optimization to deliver a building that meets your needs. – Steve Allen, President, As an example, for the City of Marquette, we developed a project Guernsey County, OH Commissioners that included a remodel of city hall to improve space utilization while meeting energy efficiency goals. For the Wyandotte School District, we were able to design and build a new multi-purpose gym as part of a $34.8 million bond project. Sustainability Advisory Services Johnson Controls’ Sustainability Advisory Services supports customers in setting and meeting sustainability and resiliency goals for the built environment. Concurrent to the performance contract, we collaborate with City stakeholders through interactive workshops to bridge from climate action strategic planning to set building specific goals and actions. After evaluating solutions and various decarbonization pathways, we provide pathways to deliver your overarching goal of net zero GHG emissions for City operations by 2040. Working closely with City stakeholders, we seek to refine the goals and principles driving climate action. Building this framework Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 83 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 271 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 6 | Additional Services for action provides another filter for prioritizing and sorting building solutions to incorporate the right mix of demand side energy efficiency and renewable energy production at each building. Understanding your resiliency goals provides another set of guidelines to develop an integrated solution, to reduce energy use, optimize your buildings, and make significant progress towards emission reduction on a clear phased timeline to 2040. We integrate the performance contracting process with your climate action planning and reporting. As we assess building energy consumption and evaluate asset conditions and lifecycle timelines and evaluate potential solutions, we align to your climate action plan KPIs. This can include an updated GHG inventory for Scope 1 and 2 emissions from buildings, as we assess the most recent utility data. We take a broad view during solutions development, including planning for building electrification, aligning fossil fuel powered equipment life cycles with your 2040 goals, and evaluating the impacts of efficiency and renewable energy project, the greening of the grid, and the GHG emissions impacts. Even as we build out the first phase of the performance contract, we can develop a long-term roadmap to guide future phases in your journey to net zero. Example Outcome: Waterfall Chart of Steps to Net Zero We also provide expertise in supporting EV fleet electrification, addressing vehicles and charging infrastructure. This includes an assessment of your current fleet vehicles, ages, and uses. Much like optimizing building spaces, we work with you to right size vehicles with the functional use requirements. We also evaluate total cost of vehicle ownership in our assessment to show the true cost of owning and maintaining the fleet. Understanding parking policies and practices, we develop a phased plan for building out the charging infrastructure requirements. As projects are developed and move into implementation, we provide ongoing reporting support. This includes updates to the GHG inventory, and report development for internal or external stakeholders to celebrate progress towards goals. We support dashboard development, to highlight energy savings as well as renewable energy production and changes in emissions over time. As we develop these reports, we are able to provide ongoing recommendations, keeping the City of Muskegon up to date on what we’re seeing and doing around the world as we provide cutting edge solutions to customers with aggressive emission reduction goals. 84 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 272 of 288 Additional Services | 6 OpenBlue Net Zero Advisor: Streamlining Ongoing Assessment Net Zero Advisor provides you with all the information you need for ongoing assessment, to track, manage, and report energy efficiency and sustainability goals. This software package is quick to deploy, does not require hardware and can be procured for a very competitive monthly subscription fee. Here is how it works and what it can deliver for you. Why Net Zero Advisor? Critical to realizing any future goal is understanding where you stand today. Net Zero Advisor will quickly and accurately paint that picture for you by automatically measuring and aggregating your utility data and converting it into industry standard metrics. It provides you with a single dashboard that pulls together information on your energy usage, utility spend and carbon emissions, eliminating the need to manually process the data from disparate sources. Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 85 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 273 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. 6 | Additional Services With all this data at your fingertips, you can then start to make informed decisions on how to reduce energy consumption and emissions across your building portfolio. You can set specific goals and targets which will be tracked automatically, reducing the time spent getting the information you need. The benefits include: • Identification of anomalies in energy waste patterns • Use internal/external efficiency and carbon benchmarks to identify savings and focus areas • Measure those savings over time versus baselines and quickly understand your progress towards goals and where deviations are occurring All these features contribute towards simplifying the planning process for achievable reduction targets, targets that can be broken down into a specific set of goals for each location. We’re On the Same Journey Forging a Path to Decarbonization for Our Flagship Plant In 2020, our Norman, Oklahoma plant was one of our largest carbon emitters, making its decarbonization critical to meeting our overall emissions goals. The approach taken to slash energy consumption and emissions is the same one we bring to our clients, guided by our eight-step plan. We’re deploying a central utility plant and redesigning and retrofitting a 1.56-megawatt carport solar solution with vehicle charging stations. Plans include electrification of process operations, water conservation upgrades, and more. The entire solution will be validated and supported using OpenBlue Enterprise Manager, the Net Zero Advisor application and the OpenBlue Central Utility Plant software, which enables central utility plant optimization, automated emissions reporting, and data-powered decision- making. Through these enhancements, the Norman plant will reduce its GHG emissions by 43% and reduce energy consumption by 26% (based on a 2017 baseline). In addition, we streamlined the plant’s operations to deliver $960,000 in annual energy, operations and maintenance savings while eliminating potential downtime in the facility. 86 Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Page 274 of 288 Additional Services | 6 Water & Wastewater Treatment Plant Upgrades Johnson Controls has successfully completed more than 60 guaranteed savings projects at municipal water and wastewater treatment plants - applying the same approach as contemplated in this RFQ - driven by improved operations, cost reductions, and deferred maintenance. These scopes include: Aeration blowers, SCADA, river intakes, biogas- to-energy, high efficiency pumping, elevated storage, UV disinfection, and increased filtered water capacity just to name a few. Since municipal water and wastewater treatment can account for 40% of a community’s energy consumption, Johnson Controls is at the City’s disposal if this Johnson Controls has implemented energy efficiency and process is an area you would like to improvement upgrades at more than five dozen water and wastewater explore. treatment plants across the country. Statement of Qualifications for the City of Muskegon Energy Performance Contract | May 2025 87 Johnson Controls, the Johnson Controls logo and The Power Behind Your Mission trademarks are owned by Johnson Controls. © 2025 Johnson Controls. Page 275 of 288 All rights reserved. CONFIDENTIAL - CONTAINS CUSTOMER INFORMATION. Agenda Item Review Form Muskegon City Commission Commission Meeting Date: May 13, 2025 Title: Sick Leave Extension for Employee Submitted by: Timothy Kozal, Public Safety Department: Public Safety Director Brief Summary: An employee is requesting an extension of sick leave. Detailed Summary & Background: Officer Andrew McKee is requesting an extension of sick leave. His sick leave has currently been exhausted, but he is asking for an extension of sick leave to be able to return to duty at full health. He is requesting this per the Police Patrol Union contract Article 18.8: In the event of a confining illness, and provided the sick leave accumulation has been exhausted, the City Commission may authorize an extension of leave to the extent of five (5) days for each year of service, not to exceed an additional sixty (60) working days. Provided, however, that, in the case of an employee who shall have been in the City service for more than fifteen (15) years, such additional leave may be extended not to exceed six (6) months, instead of sixty (60) working days. Officer McKee has been an employee for 7 years and is requesting a total of 35 sick days. Goal/Focus Area/Action Item Addressed: Key Focus Areas: Goal/Action Item: Amount Requested: Budgeted Item: Yes No N/A Fund(s) or Account(s): Budget Amendment Needed: Yes No N/A Recommended Motion: I recommend extending 35 sick days for Officer Andrew McKee per the Police Patrol Union contract. Approvals: Guest(s) Invited / Presenting: Immediate Division Head No Page 276 of 288 Information Technology Other Division Heads Communication Legal Review Page 277 of 288 Page 278 of 288 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: May 13, 2025 Title: Resolution of Support for the Design of Apple Avenue Submitted by: Dan VanderHeide, Public Works Department: Public Works Director Brief Summary: Staff recommends adoption of the included resolution expressing support for MDOT's design of Apple Avenue and associated City costs. Detailed Summary & Background: As discussed at the Worksession meeting on May 12, 2025, this resolution expresses support for MDOT's design of Apple Avenue, including lane reductions to three lanes from Roberts to Terrace, and two lanes from Terrace to Webster. The City's costs associated with utility work, statutory cost share, and other improvements including a multi-use path along the south side of Apple are included in the resolution for clarity. Those costs are included in the recommended FY26 budget. Goal/Focus Area/Action Item Addressed: Key Focus Areas: Goal/Action Item: 2027 Goal 1: Destination Community & Quality of Life - Improved transportation connections throughout the community Amount Requested: Budgeted Item: None at this time (Formal agreement later in Yes X No N/A 2025) Fund(s) or Account(s): Budget Amendment Needed: 202 (Streets), 590 (Sewer), 591 (Water) Yes No X N/A Recommended Motion: I move to adopt the included resolution expressing support for MDOT's design of Apple Avenue and the City's associated costs. Approvals: Guest(s) Invited / Presenting: Immediate Division X Head No Page 279 of 288 Information Technology Other Division Heads X Communication Legal Review Page 280 of 288 City of Muskegon RESOLUTION OF SUPPORT for MDOT’s Reconstruction of Apple Avenue, Webster Ave to Home St WHEREAS, The City of Muskegon recognizes the substantial investment the Michigan Department of Transportation (MDOT) will make into the Apple Avenue corridor within the City of Muskegon limits, and desires to acknowledge the close partnership that MDOT has demonstrated during the design and development process; and, WHEREAS, the City of Muskegon has valuable utility assets in the Apple Avenue corridor, and those assets have capital repair and replacement needs that the City has asked MDOT to include in the project, at the City’s cost of approximately $1,750,000 in sewer costs and $480,000 in water costs; and, WHEREAS, the City of Muskegon acknowledges that the City is statutorily obligated to pay a percentage of the total road project costs under Public Act 51 of 1951 as amended, estimated at $150,000; and, WHEREAS, the City of Muskegon has asked for specific improvements based upon its Master Plan and public engagement efforts, including a multi-use path along the south side of Apple Avenue, and the City anticipates those improvements will cost approximately $1,400,000; and, WHEREAS, the City of Muskegon, its residents and businesses have been active participants in the design process through extensive engagement efforts by both the City and by MDOT; and, WHEREAS, the current design of the project includes a reduction in the number of lanes in certain locations to create a five-lane roadway from US-31 to Burton, a three-lane roadway from Burton to Wood, and a two-lane section from Wood to Webster; and WHEREAS, the City of Muskegon desires to express support for a three-lane section from Burton Street to Terrace Street in order to minimize any impacts to its Public Safety Department’s emergency responses; NOW, THEREFORE LET IT BE RESOLVED, that City of Muskegon hereby expresses its support for the project, its overall design, and MDOT’s partnership throughout the process. Yeas: Nays: Absent: I certify that the above Resolution was adopted by the City Commission of the City of Muskegon on May 13, 2025. BY: Ann Meisch, City Clerk ______________________________________________________________________________ Signature Date Page 281 of 288 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: May 13, 2025 Title: Resolution of Support for City Ownership of Apple Avenue Submitted by: Dan VanderHeide, Public Works Department: Public Works Director Brief Summary: Staff recommends adoption of a resolution of support for City ownership of Apple Avenue following MDOT's 2026 reconstruction project. Detailed Summary & Background: During design of Apple Avenue, the City heard from the community that creating a city street instead of a state highway along the Apple Avenue corridor was a priority. Many of the changes necessary were supported by MDOT and have been incorporated into the current design. Some other changes MDOT has expressed concern about, however they have made it clear that if the City were to take ownership of Apple Avenue after the reconstruction project (removing the M-46 designation and placing the City in full control of the street), the design standards the project is required to use become more flexible. Examples of items that would be affected by the City taking ownership include the signals at Terrace Street and Pine Street. The traffic study clearly shows the signals are not needed, nor are they needed any time soon even with models that project increasing traffic in the area, a fact MDOT acknowledges. As far away as 20 years from now, the study does point out that the level of service at those two intersections would be approaching an undesirable level, assuming traffic increases at the rate the study projects. Given this, MDOT's attitude is very conservative, and their Lansing-based Signals Unit has decided that they would leave the signals in place in anticipation of the situation 20 years from now. City staff on the other hand, feel strongly that 20 years of maintaining signals together with the neighborhood character that comes with all-way stop controls is the preferred method for the next 20 years, which again is supported by the traffic study. MDOT has specifically relayed that if the City takes ownership, the signals can be removed as a part of the project. If MDOT remains in control, the signals will remain. Other items that would be affected are less specific, but they are real. Currently, MDOT permits all activity along Apple Avenue. The City would have that right in the future. This could make it easier for residents and businesses to make small changes to Apple. If a Corridor Improvement Authority or Business Improvement District were established in the future to fund landscaping and lighting improvements (similar to Lakeside), that group would likely find it easier to work with the City than MDOT, given the difference in rules and regulations each entity is subject to. Future City-led efforts to make changes to Apple would also be simpler and potentially less costly. The benefits of ownership do come at a cost. While the City would continue to receive the same amount of gas tax money for Apple Avenue as we do today, we would no longer be reimbursed by Page 282 of 288 MDOT for the maintenance we do on Apple. The maintenance necessary would start to come from the gas tax money we receive for Apple. Staff estimates the change per year with all factors considered is approximately $100,000 to the major street fund (202). Future capital costs would also be on the City, although a portion of those costs would likely be recoverable through federal distributions (at an opportunity cost for other major streets). Goal/Focus Area/Action Item Addressed: Key Focus Areas: Goal/Action Item: 2027 Goal 1: Destination Community & Quality of Life - Improved transportation connections throughout the community 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 adopt the included resolution of support for City ownership of Apple Avenue after MDOT's 2026 reconstruction project. Approvals: Guest(s) Invited / Presenting: Immediate Division X Head No Information Technology Other Division Heads Communication Legal Review Page 283 of 288 City of Muskegon RESOLUTION OF SUPPORT for City Ownership of Apple Avenue, Webster Ave to US-31 WHEREAS, The City of Muskegon recognizes the substantial investment the Michigan Department of Transportation (MDOT) will make into the Apple Avenue corridor within the City of Muskegon limits, and desires to acknowledge the close partnership that MDOT has demonstrated during the design and development process; and, WHEREAS, the City recognizes that MDOT operates a wide network of highways, expressways, rural roads and urban streets and those facilities have competing demands; and, WHEREAS, the City of Muskegon has experience taking over streets and routes from MDOT including Muskegon and Webster Avenues and has seen a marked reduction in speeds, a marked increase in neighborhood character, and many other benefits after taking over an MDOT facility; and, WHEREAS, MDOT has expressed that if the City commits to taking Apple Avenue as a City street after the 2026 reconstruction project, the design standards applicable to the project will become more flexible and allow for further changes that will help change the character of Apple Avenue from a highway to a city street; and, WHEREAS, the City of Muskegon has been assured that the payments to the City under Public Act 51 of 1951 as amended will continue at their current rate should the City take Apple Avenue as a city street; and, WHEREAS, the City of Muskegon and MDOT anticipate formalizing an agreement detailing the specific processes and components of Apple Avenue becoming a city street, but that agreement depends upon components of the design and bidding process that cannot be completed until 2025 or 2026; NOW, THEREFORE LET IT BE RESOLVED, that City of Muskegon hereby expresses its support for taking Apple Avenue as a city street after MDOT completes the 2026 reconstruction project, dependent upon the successful execution of a mutually-agreeable document later in the process and as described above. Yeas: Nays: Absent: I certify that the above Resolution was adopted by the City Commission of the City of Muskegon on May 13, 2025. BY: Ann Meisch, City Clerk ______________________________________________________________________________ Signature Date Page 284 of 288 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: May 13, 2025 Title: Concur with CRC Recommendation Submitted by: Ann Meisch, City Clerk Department: City Clerk Brief Summary: To concur with CRC recommendation to accept the resignation of Chelsea Kelley. Detailed Summary & Background: To accept the resignation of Chelsea Kelley, as Citizen At Large, from the Citizen's Police Review Board. 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: To accept the resignation of Chelsea Kelley from the Citizen's Police Review Board. Approvals: Guest(s) Invited / Presenting: Immediate Division Head No Information Technology Other Division Heads Communication Legal Review Page 285 of 288 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: May 13, 2025 Title: Resolution for Watch Muskegon Day Submitted by: Jonathan Seyferth, City Manager Department: Manager's Office Brief Summary: Approval of the resolution declaring May 22 as Watch Muskegon Day. 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 resolution. Approvals: Guest(s) Invited / Presenting: Immediate Division Head No Information Technology Other Division Heads Communication Legal Review Page 286 of 288 A RESOLUTION DECLARING MAY 22 AS WATCH MUSKEGON DAY WHEREAS, the Watch Muskegon campaign was officially launched on May 22, 2015, as a countywide initiative focused on three key areas: Education, Beautification, and Marketing, with the goal of fostering a positive image and continued growth for Muskegon County; and WHEREAS, the Education component of the campaign has supported initiatives such as Muskegon STARS, the Muskegon Area Promise program, Make My Move, Livability Magazine, and other efforts that promote learning opportunities and workforce attraction; and WHEREAS, the Beautification component has encouraged community pride and improvement projects, in turn, enhancing the visual appeal of Muskegon County and making it a more attractive place to live, work, and visit; and WHEREAS, the Marketing efforts of the Watch Muskegon campaign have successfully elevated Muskegon County’s profile, attracting new residents, visitors, and investments that have contributed to the area’s economic development; and WHEREAS, the Watch Muskegon campaign has played a major role in fostering significant developments and investments in Muskegon County, leading to increased business activity, residential growth, recreational enhancements, and infrastructure improvements that have strengthened the local economy and community well-being; and WHEREAS, the Watch Muskegon campaign has become a recognizable and influential brand, with open-source graphics that encourage continued community engagement and the ongoing promotion of Muskegon County as a premier destination to live, work, and play; and Page 287 of 288 WHEREAS, an annual Watch Muskegon Day on May 22 will provide an opportunity for leaders, residents, employees, businesses, and tourists to celebrate the county’s progress by wearing Watch Muskegon apparel, preparing properties for the summer season, and recognizing the campaign’s impact on the community’s growth and development; and WHEREAS, this day will also serve as an opportunity to honor the relentless hard work and passion of all community members of the Muskegon area who have contributed to making Muskegon County a place to WATCH; NOW, THEREFORE, BE IT RESOLVED, that the City of Muskegon hereby declares May 22 of each year as Watch Muskegon Day and encourages all residents, businesses, and organizations to participate in celebrating Muskegon County’s ongoing success. The foregoing Resolution was offered by Commissioner Rachel Gorman and supported by Commissioner _____________, and same was duly passed at a general session of the City of Muskegon City Commission. CERTIFICATION I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on May 13, 2025 By: ________________________________ Kenneth D. Johnson, Mayor Page 288 of 288
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