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CITY OF MUSKEGON
CITY COMMISSION MEETING
December 9, 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:
A. 2025 Years of Service Awards Employee Relations
B. Outgoing Commissioner Recognition Manager's Office
C. Proclamation Honoring Kwame James City Clerk
☐ PUBLIC HEARINGS:
A. Neighborhood Enterprise Zone Certificates - 502 Mary St. and 508 Mary
St. Economic Development
B. Neighborhood Enterprise Zone Certificates - 1355 Adams Ave. and 1366
Leonard Ave. Economic Development
C. Neighborhood Enterprise Certificate - 289 Meeking St. Economic
Development
D. Establishment of a Commercial Redevelopment District — 380 W.
Western Ave. Suite 140 Economic Development
E. Issuance of a Commercial Facilities Exemption Certificate — 380 W.
Western Ave. Suite 140 Economic Development
F. Brownfield Plan Amendment #2 - Betten Brownfield Economic
Development
☐ FEDERAL/STATE/COUNTY OFFICIALS UPDATE:
☐ PUBLIC COMMENT ON AGENDA ITEMS:
Page 1 of 3
Page 1 of 434
☐ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. PA 198 Industrial Facilities Exemption — 2034 Latimer Drive Economic
Development
C. Sale of 496 Octavius, 669 Jackson, 677 Jackson, 704 Leonard, 58 E
Grand, 181 Irwin, 316 E. Forest, 326 E. Forest, 1608 Smith, 1679 Terrace,
1728 Terrace, and 1163 Sanford. Planning
D. Amendment to Purchase and Development Agreement: 450/454
Orchard. Planning
E. Landscaping Contract Extension Public Works
F. HOME ARP Duplex Developer Selection Community & Neighborhood
Services
G. Fireworks Display for NYE Ball Drop City Clerk
H. Senior Municipal Funding FY26 Community & Neighborhood Services
I. Issuance of a Commercial Facilities Exemption Certificate — 431 E.
Laketon Ave. Economic Development
J. SAFEBuilt Contract Award Public Safety
K. Zoning Ordinance Amendment - Permitted Yard Encroachments
SECOND READING Planning
L. Zoning Ordinance Amendment - Residential Design Criteria SECOND
READING Planning
M. Request to establish a Plant Rehabilitation District at 701 W. Laketon Ave.
Economic Development
☐ UNFINISHED BUSINESS:
A. AP Update Manager's Office
☐ NEW BUSINESS:
A. Rezoning of 501 E Western Ave from Open Space Recreation (OSR) to
Waterfront Industrial PUD (WI-PUD) SECOND READING Planning
B. Rezoning of 560 Mart St from Waterfront Marine (WM) to Waterfront
Industrial PUD (WI-PUD) SECOND READING Planning
C. Fisherman's Landing/Third Street Wharf Lake Front Development
Manager's Office
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☐ 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
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
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 9, 2025 Title: 2025 Years of Service Awards
Submitted by: Department: Employee Relations
Brief Summary:
2025 Years of Service Awards: This year we are honoring employees from 5 years to 35 years of
service with the City of Muskegon.
Detailed Summary & Background:
Goal/Action Item:
Administrative Action
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
N/A
Amount Requested: Budgeted Item:
N/A Yes x No N/A
Fund(s) or Account(s): Budget Amendment Needed:
This is a budgeted expense Yes No x N/A
Recommended Motion:
N/A
Approvals: Name the Policy/Ordinance Followed:
Immediate Division x
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 4 of 434
Page 5 of 434
PROCLAMATION
Honoring the Service and Impact of
Kwame Kamau James
WHEREAS, Kwame Kamau James came to Muskegon to settle his late uncle’s estate and soon
chose to make the community his home, where he met his future wife, Rebecca St. Clair, and
began building a life rooted in purpose and service; and
WHEREAS, a lifelong musician, Kwame brought his passion for guitar, storytelling, and supporting
local talent to the Muskegon Farmers Market, where he recognized the potential of its new stage
and, after a chance conversation with the market manager, began performing and helping create
a process for musicians to share their gifts; and
WHEREAS, this effort sparked more than eleven years of his volunteer coordination of all main-
stage performances and his broader work championing Muskegon’s artistic community through
open-mic nights, spoken-word events, and collaborative opportunities that helped countless
artists grow in skill and confidence; and
WHEREAS, Kwame’s thoughtful and humble leadership has shaped the musical identity of the
Market, curating performances that reflect the community’s diversity and vibrancy,
strengthening the sense of connection felt each week, and contributing to the renewed energy
of downtown Muskegon; and
WHEREAS, as the Market further expands opportunities for artistic expression with the addition
of a second stage under the Morris Street pavilion, Kwame’s legacy of uplifting local talent and
fostering community spirit continues to guide and inspire;
NOW, THEREFORE, on behalf of the people of Muskegon, we proudly honor Kwame Kamau James
for his outstanding contributions, unwavering support of local talent, and lasting influence on the
cultural life of our community.
IN WITNESS WHEREOF, this proclamation is issued in recognition of his service, creativity, and
meaningful impact on the Muskegon Farmers Market and the City of Muskegon.
Signed this 9th day of December 2025.
________________________________
Kenneth D. Johnson, Mayor
Page 6 of 434
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 9, 2025 Title: Neighborhood Enterprise Zone Certificates -
502 Mary St. and 508 Mary St.
Submitted by: Isabela Gonzalez, Development Department: Economic Development
Analyst
Brief Summary:
Staff is requesting the approval of Neighborhood Enterprise Zone (NEZ) certificates for 15 years for a
new construction home at 502 Mary St. and 508 Mary St.
Detailed Summary & Background:
Stephens Homes and Investments LLC has submitted two applications for Neighborhood Enterprise
Zone (NEZ) certificates for the construction of single-family homes at 502 Mary St. and 508 Mary St. The
project cost for 502 Mary St. is estimated at $175,000 and the project cost for 508 Mary St. is estimated
at $140,000. These properties were previously owned by the City of Muskegon. The applicant has met
all local and state requirements for the issuance of NEZ certificates. The Neighborhood Enterprise
Zone Act provides for the development and rehabilitation of residential housing located within
eligible distressed communities. Approval of these applications would grant the future property
owners a tax abatement that reduces their property taxes by approximately 50% for up to 15 years.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Diverse housing types
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
I move to close the public hearing and approve Neighborhood Enterprise Zone (NEZ) certificates for
15 years at 502 Mary St. and 508 Mary St. and authorize the City Clerk and Mayor to sign the
applications and resolutions.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X Diverse Housing Types
Head
Page 7 of 434
Information
Technology
Other Division Heads
Communication
Legal Review
Page 8 of 434
Page 9 of 434
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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 11 of 434
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 12 of 434
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
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Page 13 of 434
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
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Page 14 of 434
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
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10/27/25, 1:42 PM about:blank
502 Mary St. Property Report
Area of Interest (AOI) Information
Area : 7,941.83 ft²
Oct 27 2025 13:40:50 Eastern Daylight Time
about:blank 1/2
Page 16 of 434
10/27/25, 1:42 PM about:blank
Summary
Name Count Area(ft²) Length(ft)
Parcels 1 7,941.83 N/A
Parcels
Property Property Property Property
Municipality Acreage per Acreage per
# PIN Address Address Address Address
Code GIS Assessor
Number Direction Combined City
61-24-612- 502 MARY
1 24 0.18 0.18 502 No Data MUSKEGON
000-0621-01 ST
Property Property Owner Owner
Owner Owner Owner Care Owner
# Address Address Zip Address Address
Name 1 Name 2 Of Address
State Code City State
STEPHENS
HOMES 1042
1 MI 49442 AND No Data No Data TERRACE MUSKEGON MI
INVESTMEN ST
TS 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 0.00 0.00 0.00 0 402 61010
Vacant
Zoning per Assessor
# School District Name Tax Description Area(ft²)
Primary
CITY OF MUSKEGON
MUSKEGON CITY
1 R URBAN RENEWAL PLAT 7,941.83
SCHOOL DIST
NO 3 LOT 621
©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
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Page 18 of 434
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10/27/25, 1:43 PM about:blank
508 Mary St. Property Report
Area of Interest (AOI) Information
Area : 7,955.92 ft²
Oct 27 2025 13:42:47 Eastern Daylight Time
about:blank 1/2
Page 21 of 434
10/27/25, 1:43 PM about:blank
Summary
Name Count Area(ft²) Length(ft)
Parcels 1 7,955.92 N/A
Parcels
Property Property Property Property
Municipality Acreage per Acreage per
# PIN Address Address Address Address
Code GIS Assessor
Number Direction Combined City
61-24-612- 508 MARY
1 24 0.18 0.18 508 No Data MUSKEGON
000-0620-01 ST
Property Property Owner Owner
Owner Owner Owner Care Owner
# Address Address Zip Address Address
Name 1 Name 2 Of Address
State Code City State
STEPHENS
HOMES 1042
1 MI 49442 AND No Data No Data TERRACE MUSKEGON MI
INVESTMEN ST
TS 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 0.00 0.00 0.00 0 402 61010
Vacant
Zoning per Assessor
# School District Name Tax Description Area(ft²)
Primary
CITY OF MUSKEGON
MUSKEGON CITY
1 R URBAN RENEWAL PLAT 7,955.92
SCHOOL DIST
NO 3 LOT 620
©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 22 of 434
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 23 of 434
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 Stephen Homes and Investments LLC to construct a new home at 508 Mary St. 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 Stephen Homes and Investments LLC be approved.
Adopted this 09th day of December, 2025.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 24 of 434
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
December 09, 2025.
By: ________________________
Ann Meisch
City Clerk
Page 25 of 434
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 Stephen Homes and Investments LLC to construct a new home at 502 Mary St. 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 Stephen Homes and Investments LLC be approved.
Adopted this 09th day of December, 2025.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 26 of 434
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
December 09, 2025.
By: ________________________
Ann Meisch
City Clerk
Page 27 of 434
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 9, 2025 Title: Neighborhood Enterprise Zone Certificates -
1355 Adams Ave. and 1366 Leonard Ave.
Submitted by: Isabela Gonzalez, Development Department: Economic Development
Analyst
Brief Summary:
Staff is requesting the approval of Neighborhood Enterprise Zone (NEZ) certificates for 15 years for a
new construction home at 1355 Adams Ave. and 1366 Leonard Ave.
Detailed Summary & Background:
West Urban Properties LLC has submitted two applications for Neighborhood Enterprise Zone (NEZ)
certificates for the construction of single-family homes at 1355 Adams Ave. and 1366 Leonard Ave.
The estimated project cost for both of these properties is $294,900. The finished layout for both
properties will consist of two bedrooms and one bathroom, but homeowners can upgrade to four
bedrooms and two bathrooms. These properties were previously owned by the City of Muskegon. The
applicant has met all local and state requirements for the issuance of NEZ certificates. The
Neighborhood Enterprise Zone Act provides for the development and rehabilitation of residential
housing located within eligible distressed communities. Approval of these applications would grant
the future property owners a tax abatement that reduces their property taxes by approximately 50%
for up to 15 years.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Diverse housing types
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
I move to close the public hearing and approve Neighborhood Enterprise Zone (NEZ) certificates for
15 years at 1355 Adams Ave. and 1366 Leonard Ave. and authorize the City Clerk and Mayor to sign
the applications and resolutions.
Approvals: Name the Policy/Ordinance Followed:
Diverse Housing Types
Page 28 of 434
Immediate Division X
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 29 of 434
Page 30 of 434
Page 31 of 434
Page 32 of 434
Page 33 of 434
Page 34 of 434
Page 35 of 434
Page 36 of 434
Page 37 of 434
QUIT CLAIM DEED
KNOW ALL PERSONS BY THESE PRESENTS thatthe Cityof Muskegon, a municipalcorporation,
whose
addressis933 TerraceStreet,
Muskegon, Michigan49440 (Grantor")
Quit Claim(s)to West Urban Properties,LLC, a Michigan limited company whose address is3265 Walker
liability
Avenue, SuiteD, Grand Rapids,MI 49544 ("Grantee")
the following
describedparceloflandinthe Cityof Muskegon, County of Muskegon and Stateof
Michigan:
Lot844, Muskegon-Urban Renewal PlatNo. 4, Cityof
Muskegon, Muskegon County,
Michigan,as recordedinLiber19 of Plats,
Page 19.
ParcelIdentification
No. 61-24-613-000-0844-00
Commonly known as: 1355 Adams St,Muskegon, MI 49441
Forthefull
consideration
of$1.00
StateExempt by MCL 207.526 Section(6(h(i)))
County Exempt by MCL 207.505 Section(5(h(i)))
Dated this Ahyenhe, .2oaf
y
Signed and Sealed:
Cityof Muskegon, a Municipalcorporation
Ken Jo nson,ItsMayor
By Ann Marie Meisch,ItsClerk
STATE OF MICHIGAN )
)ss
COUNTY OF Muskegon )
The foregoing instrument was acknowledged before me on Vr,rn er 04(by Ken Johnson, its
Mayor and Ann Marie Meisch, ItsClerk of the City of Muskegon, a Municipal corporation
Notary Signature: /L
Notary Name Printed:Undg S. /Goffer
Notary Public /7)us#ef# a County, Michigan
Acting in 77/asifyo County
My term expires: 7 -c72c20J0
Instrument Drafted By: Return to:
West Urban Realty SAME
3265 Walker Ave. NW, Suite D
Grand Rapids, MI 49544
Page 38 of 434
11/24/25, 12:52 PM about:blank
1355 Adams Ave - Property Report
Area of Interest (AOI) Information
Area : 8,396.23 ft²
Nov 24 2025 12:48:42 Eastern Standard Time
about:blank 1/2
Page 39 of 434
11/24/25, 12:52 PM about:blank
Summary
Name Count Area(ft²) Length(ft)
Parcels 1 8,396.23 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- 1355
1 24 0.19 0.20 1355 No Data MUSKEGON
000-0844-00 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
Residential -
1 49443 0.00 0.00 0.00 0 401 61010
Improved
Zoning per Assessor
# School District Name Tax Description Area(ft²)
Primary
CITY OF MUSKEGON
MUSKEGON CITY
1 R URBAN RENEWAL PLAT 8,396.23
SCHOOL DIST
NO 4 LOT 844
©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 40 of 434
Page 41 of 434
Page 42 of 434
Page 43 of 434
Page 44 of 434
Page 45 of 434
QUIT CLAIM DEED
KNOW ALL PERSONS BY THESE PRESENTS thatthe Cityof Muskegon, a municipalcorporation,
whose
addressis933 TerraceStreet,
Muskegon, Michigan49440 (Grantor")
Quit Claim(s)to West Urban Properties,LLC, a Michigan limited company whose address is3265 Walker
liability
Avenue, SuiteD, Grand Rapids,MI 49544 ("Grantee")
thefollowing
describedparceloflandinthe Cityof Muskegon, County of Muskegon and Stateof
Michigan:
Lot839, Muskegon-Urban Renewal PlatNo. 4, Cityof Muskegon, Muskegon County,
Michigan,as recordedinLiber19 of Plats,
Page 19.
ParcelIdentification
No. 61-24-613-000-0839-00
Commonly known as: 1366 Leonard St,Muskegon, MI 49441
Forthefull
consideration
of$1.00
StateExempt by MCL 207.526 Section(6(h(i)))
County Exempt by MCL 207.505 Section(5(h(i)))
Dated this ///ve,rn ber a ocaf
Signed and Sealed:
CityofMusk on, a Municipalcorporation
Bj Ken JoØnson,ItsMayor
ByMnn Marie Meisch,ItsClerk
STATE OF MICHIGAN )
)ss
COUNTY OF Muskegon )
The foregoing instrument was acknowledged before me on Novernher , by Ken Johnson, its
¶ 242f
Mayor and Ann Marie Meisch, ItsClerk of the City of Muskegon, a Municipal corporation
Notary Signature: /A
Notary Name Printed:Linda S. foffer
Notary Public2nud;#yo County, Michigan
Acting inZ/fusMyo County
My term expires: F AS cR030
Instrument Drafted By: Return to:
West Urban Realty SAME
3265 Walker Ave. NW, Suite D
Grand Rapids, MI 49544
Page 46 of 434
11/24/25, 12:55 PM about:blank
1366 Leonard Ave - Property Report
Area of Interest (AOI) Information
Area : 8,862.86 ft²
Nov 24 2025 12:54:05 Eastern Standard Time
about:blank 1/2
Page 47 of 434
11/24/25, 12:55 PM about:blank
Summary
Name Count Area(ft²) Length(ft)
Parcels 1 8,862.86 N/A
Parcels
Property Property Property Property
Municipality Acreage per Acreage per
# PIN Address Address Address Address
Code GIS Assessor
Number Direction Combined City
1366
61-24-613-
1 24 0.20 0.20 1366 No Data LEONARD MUSKEGON
000-0839-00
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
Residential -
1 49443 0.00 0.00 0.00 0 401 61010
Improved
Zoning per Assessor
# School District Name Tax Description Area(ft²)
Primary
CITY OF MUSKEGON
MUSKEGON CITY REVISED PLAT OF 1903
1 R 8,862.86
SCHOOL DIST URBAN RENEWAL PLAT
NO 4 LOT 839
©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 48 of 434
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 49 of 434
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 West Urban Properties LLC to construct a new home at 1355 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 West Urban Properties LLC be approved.
Adopted this 09th day of December, 2025.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 50 of 434
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
December 09, 2025.
By: ________________________
Ann Meisch
City Clerk
Page 51 of 434
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 West Urban Properties LLC to construct a new home at 1366 Leonard 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 West Urban Properties LLC be approved.
Adopted this 09th day of December, 2025.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 52 of 434
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
December 09, 2025.
By: ________________________
Ann Meisch
City Clerk
Page 53 of 434
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 9, 2025 Title: Neighborhood Enterprise Certificate - 289
Meeking St.
Submitted by: Isabela Gonzalez, Development Department: Economic Development
Analyst
Brief Summary:
Staff is requesting the approval of Neighborhood Enterprise Zone (NEZ) certificates for 15 years for a
new construction home at 289 Meeking St.
Detailed Summary & Background:
Deanna Myers "A Venture Investments LLC" has submitted an application for a Neighborhood
Enterprise Zone (NEZ) certificate for the construction of a single-family home at 289 Meeking Street.
The property has three bedrooms and 2 bathrooms. The estimated project cost is $166,000. The
applicant has met all local and state requirements for the issuance of a NEZ certificate. The
Neighborhood Enterprise Zone Act provides for the development and rehabilitation of residential
housing located within eligible distressed communities. Approval of these applications would grant
the future property owners a tax abatement that reduces their property taxes by approximately 50%
for up to 15 years.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Diverse housing types
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
I move to close the public hearing and approve a Neighborhood Enterprise Zone (NEZ) certificate for
15 years at 289 Meeking St. and authorize the City Clerk and Mayor to sign the applications and
resolutions.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X Diverse Housing Types
Head
Page 54 of 434
Information
Technology
Other Division Heads
Communication
Legal Review
Page 55 of 434
Page 56 of 434
Page 57 of 434
WARRANTY DEED
KNOW ALL PERSONS BY THESE PRESENTS: That Lisa Kraley
whose address is2279 Dalson Road Twin Lake, MI 49457
Convey(s) and Warrant(s) to Deanna Meyers
whose address is6826 E. Sternberg Rd., Fruitport,MI 49415
the following described premises situated in the City of Muskegon, County of Muskegon, and State of
Michigan to-wit:
Lot 673 and the South 25 feet of Lot 674, Muskegon Urban Renewal Plat No. 4, City of
Muskegon, Muskegon County, Michigan, as recorded in Liber 19 of Plats,Page 19, Muskegon
County Records.
Commonly known as: 289 Meeking Street,Muskegon, MI 49442
Tax Parcel # 61-24-613-000-0673-00
for the consideration of: Six Thousand Five Hundred and 00/100 Dollars ($6,500.00)
of record, ifany.
subject to easement, use, building,and other restrictions
Dated: May 02, 2025
Signed and Sealed:
Page 58 of 434
(Warranty Deed (page 2) dated: May 02, 2025
between Lisa Kraley, Seller(s)and Deanna Meyers, Purchaser(s).)
STATE OF MICHIGAN
COUNTY OF Muskegon
The foregoing instrument was acknowledged before me on May 02, 2025, by Lisa Kraley.
Notary Signatur
Notary Name Printed:
Notary County, Michigan
Acting in County State
Public, ofMichigan
Notary
My commission expires:
CountyofMuskegon
ActinginMuskegonCounty
MyCommissionExpiree09/23/2028
FileNo. 459339LKR
Draftedby:
Lisa Kraley Deanna Meyers
2279 Dalson Road 6826 E. Sternberg Rd.,
Twin Lake, MI 49457 FruitporteMI 49415
County Treasurer'sCertificate Certificate
CityTreasurer's
Page 59 of 434
11/10/25, 12:07 PM about:blank
289 Meeking St. Property Report
Area of Interest (AOI) Information
Area : 10,365.98 ft²
Nov 10 2025 12:06:17 Eastern Standard Time
about:blank 1/2
Page 60 of 434
11/10/25, 12:07 PM about:blank
Summary
Name Count Area(ft²) Length(ft)
Parcels 1 10,365.98 N/A
Parcels
Property Property Property Property
Municipality Acreage per Acreage per
# PIN Address Address Address Address
Code GIS Assessor
Number Direction Combined City
289
61-24-613-
1 24 0.24 0.24 289 No Data MEEKING MUSKEGON
000-0673-00
ST
Property Property Owner Owner
Owner Owner Owner Care Owner
# Address Address Zip Address Address
Name 1 Name 2 Of Address
State Code City State
6826 E
MEYERS
1 MI 49442 No Data No Data STERNBER FRUITPORT MI
DEANNA
G RD
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 49415 3,500.00 3,500.00 3,068.00 0 401 61010
Improved
Zoning per Assessor
# School District Name Tax Description Area(ft²)
Primary
CITY OF MUSKEGON
MUSKEGON CITY URBAN RENEWAL PLAT
1 R 10,365.98
SCHOOL DIST NO 4 LOT 673 & S 25 FT
LOT 674
©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 61 of 434
Causeway E C RE
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ENTERPRIZE ZONE (NEZ) MORGAN AVE
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MEEKING ST
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WA
SPRING 2025 ADAMS AVE
OAKHILL DR
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TA
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MARSHALL ST
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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 62 of 434
Page 63 of 434
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 Deanna Myers to construct a new home at 289 Meeking St. 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 Deanna Myers be approved.
Adopted this 09th day of December, 2025.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 64 of 434
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
December 09, 2025.
By: ________________________
Ann Meisch
City Clerk
Page 65 of 434
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 9, 2025 Title: Establishment of a Commercial
Redevelopment District — 380 W. Western Ave.
Suite 140
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
Pursuant to Public Act 255 of 1978, as amended, the City of Muskegon has requested the
establishment of a Commercial Redevelopment District on behalf of ZINI LLC.
Detailed Summary & Background:
The City of Muskegon has requested the establishment of a Commercial Redevelopment District for
380 W. Western Ave. Suite 140 on behalf of ZINI LLC. Creating the district will enable the property
owner to apply for a Commercial Facilities Exemption certificate. If approved, the certificate will
freeze the taxable value of the building and exempt the new real property investment from local
property taxes for the duration of the exemption.
The proposed redevelopment will take an old Subway and turn it into a tasting room offering craft
cocktails and small bites.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Progress toward new and ongoing
economic development projects
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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 establishment of the Commercial
Redevelopment District for 380 W. Western Ave. Suite 140 and authorize the Mayor and City Clerk to
sign the attached resolution.
Approvals: Name the Policy/Ordinance Followed:
Public Act 255 of 1978, as amended
Page 66 of 434
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 67 of 434
Resolution No. ______________
RESOLUTION APPROVING THE ESTABLISHMENT OF A COMMERCIAL
REDEVELOPMENT DISTRICT
380 W. Western Ave.
WHEREAS, pursuant to PA 255 of 1978, the City of Muskegon has the authority to
establish “Commercial Redevelopment Districts” within the City of Muskegon at request
of a commercial business enterprise or on its own initiative; and
WHEREAS, City of Muskegon is requesting the establishment of the Commercial
Redevelopment District for an area in the vicinity of 380 W. Western Ave. Suite 140
located in the City of Muskegon hereinafter described; and
WHEREAS, the City Commission of the City of Muskegon determined that the district
meets the requirements set forth in section 5 of PA 255 of 1978; and
WHEREAS, written notice has been given by certified mail to all owners of real property
located within the proposed district as required by section 5(3) of PA 255 of 1978; and
WHEREAS, on December 9, 2025 a public hearing was held and all residents and
taxpayers of the City of Muskegon were afforded an opportunity to be heard thereon;
and
WHEREAS, the City of Muskegon deems it to be in the public interest of the City of
Muskegon to establish the Commercial Redevelopment District as proposed;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Muskegon that the following described parcel(s) of land situated in the City of Muskegon,
County of Muskegon, and State of Michigan, to wit:
CITY OF MUSKEGON, HINES BUILDING CONDOMINIUM, UNIT 2, SUBJECT TO
EASEMENTS FOR OVERHEAD/UNDERGROUND UTILITIES RECORDED AT
3724/701
Adopted this 9th Day of December 2025
AYES:
NAYS:
ABSENT:
BY: _______________________
Ken Johnson, Mayor
ATTEST: _______________________
Ann Meisch, Clerk
1/6/25
Page 68 of 434
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the Muskegon City Commission of the City of Muskegon, County of
Muskegon, Michigan at a regular meeting held on December 9, 2025.
_______________________________
Ann Meisch, Clerk
1/6/25
Page 69 of 434
Page 70 of 434
Muskegon County GIS, Muskegon County, Michigan
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 9, 2025 Title: Issuance of a Commercial Facilities
Exemption Certificate — 380 W. Western Ave.
Suite 140
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
Pursuant to Public Act 255 of 1978, as amended, ZINI LLC has requested the issuance of a
Commercial Facilities Exemption Certificate. The certificate will freeze the taxable value of the
building and exempt new real property investment from local taxes.
Detailed Summary & Background:
ZINI LLC plans to rehabilitate a 2,304 sq. ft. facility beginning in December 2025 located in the Hines
Building. The project represents a $73,000 investment and is expected to create between seven (7)
and 10 jobs.
The applicant owns Zini, a vodka brand, and plans to bring craft cocktails and small bites to the
downtown area.
A public hearing on the establishment of the Commercial Redevelopment District is scheduled for
the December 9, 2025, City Commission meeting.
The internal tax committee has reviewed the application and, based on their findings and
calculations, recommends approval of the attached resolution for a term of four (4) years for real
property. The applicant has submitted all required documentation.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Progress toward new and ongoing
economic development projects
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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:
Page 71 of 434
I move to close the public hearing and approve a four (4) year Commercial Facilities Exemption
Certificate for ZINI LLC, and authorize the Mayor and City Clerk to sign the application and resolution.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division Public Act 255 of 1978, as amended
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 72 of 434
Page 73 of 434
Page 74 of 434
Application for Commercial Facilities Exemption Certificate
1. General Description of the Facility
The facility located at 380 W Western Avenue, Muskegon, MI 49440 is situated within the
Hines Building Condominium, originally built in 2008. The space consists of approximately
8,714 square feet across Units 1 and 2. Historically used for office and retail purposes, the
building features high visibility along Western Avenue with modern infrastructure suitable
for redevelopment into a hospitality-focused venue. ZINI LLC will occupy suites 140 and
160, identified as Unit 2A and the area of the premises is 2,304 square feet.
2. Proposed Use of the Facility
The proposed use of the facility is to establish the ZINI Tasting Room, a signature
destination for handcrafted ZINI cocktails and mocktails highlighting the brand’s diverse
flavor portfolio. The space will partner with local food entrepreneurs to offer globally
inspired small bites that complement the beverage experience. In addition, the tasting room
will serve as a hospitality training hub and incubator, creating opportunities for emerging
talent and supporting community-driven culinary innovation.
3. Nature and Extent of ConstructionTo convert the existing commercial/office/retail shell
into the proposed tasting-room + hospitality venue, the scope of construction and
renovation will includes
a) Interior build-out of open guest seating area, bar/tasting station, food-service
counters/kitchens, back-of-house prep and storage.
b) Installation of commercial kitchen equipment to support multiple food-concept.
c) Finishes upgrading: new flooring, new lighting, furniture, bar/counter design, and
removal of existing ceiling tiles for an open floor concept
d) Mechanical / electrical / plumbing upgrades as needed to support food service and
tasting room
e) Exterior improvements as needed for storefront signage, entry enhancements, and
façade refresh in harmony with downtown aesthetic
f) Minor structural modifications as required, but no major building shell expansion
(the square footage remains essentially the same).
g) The estimated construction timeline is approximately 3 months
The proposed project will essentially restore and adapt the existing space from
office/retail use to a vibrant hospitality/food experience venue, aligning with
downtown Muskegon’s redevelopment goals.
Page 75 of 434
4. Legal Description of the Facility
CITY OF MUSKEGON, HINES BUILDING CONDOMINIUM, UNIT 1 & UNIT 2, SUBJECT TO
EASEMENTS FOR OVERHEAD/UNDERGROUND UTILITIES RECORDED AT 3724/701.
Detailed legal description to be confirmed through the lease or county records.
5. Fixed Building Equipment
Fixed equipment includes: commercial hood systems, exhaust and HVAC upgrades,
plumbing systems, grease traps, fire suppression, walk-in coolers, refrigeration
infrastructure, built-in bar counters, fixed seating, lighting fixtures, commercial ovens and
ranges, dishwashing stations, ADA restroom fixtures, interior partitions, and installed AV
and security systems.
6. Construction Schedule
The construction is estimated to take approximately 3 months. Phase 1 includes demolition
and build out of walls (Weeks 1–3). Phase 2 includes mechanical, electrical, and plumbing
work (Weeks 4–6). Phase 3 includes interior build-out (Weeks 7–10). Phase 4 includes
installation of equipment and finishes (Weeks 11–12). Final inspections and commissioning
follow in Week 13.
7. Statement of Economic Advantages
The exemption supports the creation of new hospitality jobs, vendor opportunities for local
food entrepreneurs, increased foot traffic in downtown Muskegon, and long-term
community revitalization. The project will contribute to economic growth, attract visitors,
support diverse businesses, and advance the redevelopment goals of the Central Business
District.
Page 76 of 434
MR RENOVATIONS LLC,
BILL TO: QUOTE DATE
Kavy November 24, 2025
Grand Rapids, MI
United States
JOB ADDRESS:
380 W Western Ave
Muskegon, MI 49440
United States
TASK DESCRIPTION QTY
Demo $4000
- Ceiling tile and grid demo
- Hand rail
- Knee wall
- Bulkhead and ceiling above kitchen
Framing $8900
- Storage room walls
- Kitchen walls
- Bulkhead across store
Drywall $6200
- Hang drywall and finish to a level 4
Paint $7700
- Spraying exposed ceiling
- Painting walls
Flooring $14,200
- LVP installation
- Shoe moulding
Misc $5780
- Infill handicap ramp
- Repair existing ceiling around storage room
- Install hollow metal frame for storage room
- Eliason door for kitchen
- Clean and remove garbage
____________________________________________________________________________
SUB-TOTAL $46,780.00
TAX $0.00
TOTAL $46,780.00
Page 77 of 434
Agreement for Professional Services
This Agreement is effective as of October 24, 2025, between ZINI LLC (Client) and SEH of Michigan, LLC
(Consultant).
This Agreement authorizes and describes the scope, schedule, and payment conditions for Consultant’s work on
the Project described as: Suite 140 - Tenant Build-Out
Client’s Authorized Representative: Kavy Lenon
Address: 1334 Cherry Avenue, Norton Shores, Michigan 49441, United States
Telephone: 6162984735 Email: Zinivodka@gmail.com
Project Manager: Andrea Riegler
Address: 221 W. Webster Avenue, Suite 501, Muskegon, Michigan 49440
Telephone: 2317692026 Email: ariegler@sehinc.com
Scope: The Basic Services to be provided by Consultant as set forth herein are provided subject to the attached
General Conditions of the Agreement for Professional Services (General Conditions Rev. 05.15.22), which is
incorporated by reference herein and subject to Exhibits attached to this Agreement.
Scope of Services
The Architect shall provide professional design and construction-phase services as outlined below.
A. Code and Compliance Review
• Conduct a comprehensive code study to confirm the appropriate occupancy classification, construction
type, egress requirements, and accessibility compliance under the 2021 Michigan Rehabilitation Code
for Existing Buildings.
• Perform a fire safety audit to verify that fire-resistance ratings, separation walls, and exit provisions meet
current life safety standards.
B. Design and Documentation
Prepare design and construction drawings for the proposed build-out, including:
• Code Compliance Plan
• Floor Plan indicating layout, dimensions, and design intent
• Reflected Ceiling Plan with lighting and ceiling treatments
• Interior Elevations and Construction Details for bar area, storage, and feature elements
• One (1) 3D Rendering of the proposed interior concept
Drawings will be suitable for permit submission, bidding, and construction.
C. Coordination
• Coordinate with Mechanical, Electrical, and Plumbing (MEP) Engineers for system design, fixture
layouts, and power/plumbing needs.
• Collaborate with the General Contractor and Subcontractors to review constructability, schedule, and
integration of new components.
• Coordinate with the local building department for permit review and code-related inquiries.
D. Owner and Project Team Meetings
• Attend up to eight (8) Owner or project coordination meetings during the design and construction phases.
• Provide meeting notes and design updates to document progress and decisions.
E. Construction Administration
• Review shop drawings, product data, and submittals for general compliance with the design intent.
• Respond to Requests for Information (RFIs) and assist in resolving field conditions.
• Conduct periodic site visits to observe progress and compliance with the approved documents.
SEH of Michigan, LLC Letter Agreement - 1 ZINI LLC
Affirmative Action, Equal Opportunity Employer (Rev. 05.29.25)
Page 78 of 434
3. Deliverables
The following documents will be provided as part of the design package:
• Code Plan
• Floor Plan
• Reflected Ceiling Plan
• Interior Elevations and Details
• One (1) 3D Rendering
• Permit-ready drawing set for submission
• Sheet specifications
4. Exclusions
The following services are excluded from this proposal unless specifically added by amendment:
• Structural engineering
• Furniture, signage, or specialty lighting design beyond general layout
• Record drawings of existing conditions (field verification by Architect limited to accessible areas)
• Civil/site improvements or exterior façade modifications
5. Assumptions
• The Owner will provide access to the space for field verification and will furnish any available existing
building drawings.
• The Owner or tenant will be responsible for engaging and contracting directly with contractors and sub-
contractors.
• All permit and application fees will be paid by the Owner.
• Design schedule and deliverables will align with mutually agreed milestones.
The MEP Engineers shall provide professional design and construction-phase services as outlined below.:
A. Mechanical (HVAC) Engineering
• Perform field review of existing HVAC equipment, ductwork, and controls to determine condition, capacity,
and suitability for reuse.
• Provide design for reconfiguration or replacement of HVAC distribution to accommodate the new bar,
storage, and modified dining areas.
• Coordinate HVAC design with architectural ceiling modifications and lighting layouts.
• Confirm compliance with the 2021 Michigan Mechanical Code and applicable energy code
requirements.
• Provide mechanical drawings including:
o Equipment schedule and specifications
o Duct layout and air distribution plans
o Diffuser and return grille locations
o Control and balancing notes
B. Plumbing Engineering
• Evaluate existing domestic water, sanitary, and vent piping, and identify necessary modifications for new
fixtures and equipment.
• Design new plumbing connections for the proposed bar area, including hand sink, dump sink, three-
compartment sink, and any required floor drains.
• Verify existing restroom fixture counts and compliance with current plumbing fixture requirements and
accessibility standards.
• Review existing grease waste or interceptor systems and provide recommendations for compliance with
local health department and plumbing code requirements.
• Provide plumbing drawings including:
o Waste and vent risers
o Water distribution layout
o Fixture and equipment connection details
o Schedule of new plumbing fixtures and equipment
C. Electrical Engineering
• Review existing electrical service, distribution panels, and circuiting for adequacy to support the new
layout and loads.
SEH of Michigan, LLC Letter Agreement - 2 ZINI LLC
(Rev. 05.29.25)
Page 79 of 434
• Design new lighting layout for the front/dining area in coordination with the Architect’s reflected ceiling
plan and bar area design.
• Provide power layouts for new equipment, point-of-sale, and bar appliances.
• Design emergency egress lighting and exit signage per code.
• Verify grounding, bonding, and panel labeling for compliance with the 2021 Michigan Electrical Code.
• Provide electrical drawings including:
o Lighting and power plans
o Panel schedules and load calculations
o Fixture and device schedules
o Riser diagram as applicable
D. Coordination and Construction Administration
• Coordinate with the Architect, General Contractor, and subcontractors to ensure systems align with
the architectural layout and interior design.
• Participate in up to two (2) coordination or Owner meetings.
• Provide responses to RFIs, review shop drawings, and perform one (1) site visit during construction to
verify general conformance with design intent.
Schedule: The Architect anticipates the following approximate timeline (subject to adjustment upon project
initiation):
• Programming and Code Review: 1 week
• Design Development / Owner Review: 2 weeks
• Construction Documents: 3 weeks
• Permit Review / Bidding / Construction: As required
Payment: A retainer in the amount of $1,600 must be paid and credited to the Client account in advance of
Consultant starting work and will be applied to the final invoice(s).
The lump sum fee is $16,000 excluding expenses and equipment. No additional expenses are estimated for
equipment. The cost for prints are estimated to cost $250 or less and will be the responsibility of the owner.
(through reimbursement).
The payment method, basis, frequency and other special conditions are set forth in attached Exhibit A-2
This Agreement for Professional Services, attached General Conditions, Exhibits and any Attachments
(collectively referred to as the “Agreement”) supersedes all prior contemporaneous oral or written agreements and
represents the entire understanding between Client and Consultant with respect to the services to be provided by
Consultant hereunder. In the event of a conflict between the documents, this document and the attached General
Conditions shall take precedence over all other Exhibits unless noted below under “Other Terms and Conditions”.
The Agreement for Professional Services and the General Conditions (including scope, schedule, fee and
signatures) shall take precedence over attached Exhibits. This Agreement may not be amended except by written
agreement signed by the authorized representatives of each party.
Other Terms and Conditions: Other or additional terms contrary to the General Conditions that apply solely to
this project as specifically agreed to by signature of the Parties and set forth herein:
None
SEH of Michigan, LLC Letter Agreement - 3 ZINI LLC
(Rev. 05.29.25)
Page 80 of 434
SEH of Michigan, LLC ZINI LLC
By: [[DocuSignSignature_1]] By: [[DocuSignSignature_2]]
Full Name: Andrea Riegler, AIA
[[DocuSignFullName_1]] Full Name: [[DocuSignFullName_2]]
Title: Senior Project Architect/Mgr.
[[DocuSignText_1]] Title: [[DocuSignText_2]]
SEH of Michigan, LLC Letter Agreement - 4 ZINI LLC
(Rev. 05.29.25)
Page 81 of 434
Exhibit A-2
to Agreement for Professional Services
Between ZINI LLC (Client)
and
SEH of Michigan, LLC (Consultant)
Dated October 24, 2025
Payments to Consultant for Services and Expenses
Using the Lump Sum Basis Option
The Agreement for Professional Services is amended and supplemented to include the following agreement of
the parties:
A. Lump Sum Basis Option
The Client and Consultant select the Lump Sum Basis for Payment for services provided by Consultant.
During the course of providing its services, Consultant shall be paid monthly based on Consultant’s estimate
of the percentage of the work completed. Necessary expenses and equipment are provided as a part of
Consultant’s services and are included in the initial Lump Sum amount for the agreed upon Scope of Work.
Total payments to Consultant for work covered by the Lump Sum Agreement shall not exceed the Lump Sum
amount without written authorization from the Client.
The Lump Sum amount includes compensation for Consultant’s services and the services of Consultant’s
Consultants, if any for the agreed upon Scope of Work. Appropriate amounts have been incorporated in the
initial Lump Sum to account for labor, overhead, profit, expenses and equipment charges. The Client agrees
to pay for other additional services, equipment, and expenses that may become necessary by amendment to
complete Consultant’s services at their normal charge out rates as published by Consultant or as available
commercially.
B. Expenses Not Included in the Lump Sum
The following items involve expenditures made by Consultant employees or professional consultants on
behalf of the Client and shall be paid for as described in this Agreement.
1. Expense of overtime work requiring higher than regular rates, if authorized in advance by the Client.
2. Other special expenses required in connection with the Project.
3. The cost of special consultants or technical services as required. The cost of subconsultant services
shall include actual expenditure plus 10% markup for the cost of administration and insurance.
The Client shall pay Consultant monthly for expenses not included in the Lump Sum amount.
SEH of Michigan, LLC Letter Agreement - 5 ZINI LLC
(Rev. 05.29.25)
Page 82 of 434
C. Limitations of Authority
Resident Project Representative:
1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment,
unless authorized by Client.
2. Shall not exceed limitations of Consultant’s authority as set forth in the Agreement for Professional
Services.
3. Shall not undertake any of the responsibilities of contractor, subcontractors or contractor’s
superintendent.
4. Shall not advise on, issue directions regarding or assume control over safety precautions and programs
in connection with the Work.
5. Shall not accept shop drawing or sample submittals from anyone other than contractor.
6. Shall not authorize Client to occupy the Project in whole or in part.
7. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as
specifically authorized by Consultant.
SEH of Michigan, LLC Letter Agreement - 6 ZINI LLC
(Rev. 05.29.25)
Page 83 of 434
SEH of Michigan, LLC Letter Agreement - 7 ZINI LLC
(Rev. 05.29.25)
Page 84 of 434
SEH of Michigan, LLC Letter Agreement - 8 ZINI LLC
(Rev. 05.29.25)
Page 85 of 434
Resolution No.__________
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE OF A COMMERICAL
FACILITIES EXEMPTION CERTIFICATE
ZINI LLC
WHEREAS, the City of Muskegon legally established the Commercial Redevelopment
District _____ on December 9, 2025, after a public hearing held on December 9, 2025;
and
WHEREAS, the state equalized value of the property proposed to be exempt plus the
aggregate state equalized value of property previously exempt and currently in force
under Public Act 255 of 1978 and under Public Act 198 of 1974 (IFT's) does not exceed
5% of the total state equalized value of the City of Muskegon; and
WHEREAS, the application was approved at a public hearing as provided by section 6(2)
of Public Act 255 of 1978 on December 9, 2025; and
WHEREAS, ZINI LLC is not delinquent in any taxes related to the facility; and
WHEREAS, the application is for commercial property as defined in section 3(3) of
Public Act 255 of 1978; and
WHEREAS, the applicant ZINI LLC has provided answers to all required questions
under Section 6(1) of PA 255 of 1978 to the City of Muskegon; and
WHEREAS, the City of Muskegon requires that the construction, restoration or
replacement of the facility shall be completed by April 30, 2026; and
WHEREAS, the Commercial Facilities Exemption Certificate is granted for a period of
four (4) years and no extension will be allowed; and
WHEREAS, the commencement of the construction, restoration or replacement of the
facility did not occur more than 45 days prior to the filing of the application for
exemption; and
WHEREAS, the commencement of the construction, restoration or replacement of the
facility did not occur prior to the establishment of the Commercial Redevelopment
District; and
WHEREAS, the application relates to a construction, restoration or replacement program
which when completed constitutes a new, replacement or restored facility within the
meaning of Public Act 255 of 1978 and that is situated within a Commercial
Redevelopment District established under Public Act 255 of 1978; and
6.17.2024
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WHEREAS, completion of the facility is calculated to, and will at the time of issuance of
the certificate, have the reasonable likelihood to, increase commercial activity, create
employment and retain employment in which the facility is situated; and
WHEREAS, the restoration includes improvements aggregating 10% or more of the true
cash value of the property at commencement of the restoration as provided by section
4(6) of Public Act 255 of 1978.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Muskegon
Be and hereby is granted a Commercial Facilities Exemption for the real property,
excluding land, located in Commercial Redevelopment District ______at 380 W.
Western Ave. Suite 140 (part of Unit 2 of the Hines Building Condominium) for a period
of four (4) years, beginning December 30, 2025, and ending December 30, 2029 pursuant
to the provisions of PA 255 of 1978, as amended.
Adopted this 9th Day of December 2025.
AYES:
NAYS:
Absent:
BY: __________________________________
Ken Johnson, Mayor
ATTEST: _________________________________
Ann Meisch, Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the Muskegon City Commission of the City of Muskegon, County of
Muskegon, Michigan at a regular meeting held on December 9, 2025.
_______________________________
Ann Meisch, Clerk
6.17.2024
Page 87 of 434
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 9, 2025 Title: Brownfield Plan Amendment #2 - Betten
Brownfield
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
The City of Muskegon is requesting approval of Betten Brownfield Plan Amendment #2. This
amendment includes extending the brownfield years until___________
Detailed Summary & Background:
In 2008, the BRA and the City of Muskegon approved a brownfield plan amendment for 2410, 2474,
2477, & 2501 South Henry Street. This brownfield tax capture was used to reimburse any eligible
activities for the Betten project with additional interest at 6.5% until reimbursement was complete. The
total capture was around $16 million for a 16-year period which ends December 31, 2025.
The Brownfield Plan was experiencing low performance, so the City loaned the BRA $1.66 million to
pay off the Betten brownfield and to reduce the interest burden and accelerate the reimbursement
commitment. The BRA would then repay the City over several years at an interest rate of 3.25 through
tax increments on the property. Because this plan ends this year, it has not performed enough to be
able to pay the City the whole $1.6 million. .
A few things to note:
• Table 3 – Row 19. Per the original agreement, the BRA should have been receiving $10,000 per
annum. I have made sure to model this for the full cycle.
• Table 3 – Simple Interest Expenses: It started at 6.5%, was reduced to 3.5%, and then I have it
coming back to 5% to bring it back to the standard that is being used with every other
property. This should be included with the BRA amendment.
• Timeline: I am showing the following:
o The last amended plan had this completing December 31, 2025.
o Once amended, this should be complete in 2031.
o The 5 year capture will end in 2036.
o I recommended adding 14 years to the plan to bring this to a full 30 year term
regardless, to ensure enough time even if this doesn’t perform as I forecasted it.
• Financials
o Presently the Brownfield is underperforming by $613k.
o Once amended, it will break even in 2031.
o The 5 year capture is forecasted at $778k
o This is a total swing of $1,391,000, taking the brownfield from being in the red to being in
the black.
Page 88 of 434
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Diverse housing types
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
The Betten Brownfield Plan has been amended to extend the timeline of the life of the brownfield.
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 resolution for Brownfield Plan Amendment #2 for
Betten Brownfield and authorize the Mayor and City Clerk to sign.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division Michigan Public Act 381 of 1996, as amended
Head
Information
Technology
Other Division Heads
Communication
Legal Review
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SECOND AMENDMENT TO THE BROWNFIELD DEVELOPMENT AND
REIMBURSEMENT AGREEMENT (Site S -- Betten Auto Dealership)
THIS Second Amendment, made this ninth day of December 2025, (the “Second
Amendment”), by and among the CITY OF MUSKEGON, of 933 Terrace Street, Muskegon,
Michigan 49440 (the “City”), and the BROWNFIELD REDEVELOPMENT AUTHORITY
OF THE CITY OF MUSKEGON, an authority established pursuant to Act 381 of the Public
Acts of 1966, as amended (“Act 381”), of 933 Terrace Street, Muskegon, Michigan 40440 (the
“Authority”).
With reference to the following facts and circumstances:
RECITALS
A. Pursuant to Act 381, the Authority has prepared a Brownfield Plan which was duly
approved by the Commissioners of the City, and an Amendment thereto which incorporates the
Betten Automotive Dealerships project; which Amendment was duly approved by the Authority
on April 1, 2008, then approved by the Authority as revised on May 13, 2008, and approved as
revised by the Commissioners of the City on May 13, 2008, and approved as revised by the
Commissioners of the City on May 13m 2008 (the “Brownfield Plan”).
B. A First Amendment to the Brownfield Development and Reimbursement
Agreement was adopted in 2012 to add 2425 South Henry Street.
C. In 2012, City acquired Developer’s eligible expenses as defined in the
Development and Reimbursement Agreement for $1,660,000. See First Amendment.
D. Due to economic conditions, which affected intended development, the
Authorities tax capture has not performed as anticipated.
E. The Authority owes City $613,000 as of December 1st, 2025 for eligible activities
in this project.
Page 96 of 434
F. The Authority and City agree to extend the term of the Agreement by up to
fourteen (14) years as follows.
1. Paragraph 3(b) shall be revised to read as follows:
(b) Reimbursement to Developer for its Eligible Costs shall be limited to the earliest
or least of the following: (1) reimbursement of all Eligible Costs under this
Agreement; (2) reimbursement of the Eligible Costs other than the City’s cost for
the Henry Street Resurfacing, together with the City’s cost for the Henry Street
Resurfacing (as described in Section 7) in an amount not to exceed Three Hundred
Thousand and No/100 Dollars ($300,000), in the total maximum amount of Three
Million and No/100 Dollars ($3,000,000) (the “$3,000,000 Cap”); or (3) in
recognition that the build-out of the project will likely not be substantially complete
and available for the Developer’s productive use until after the effective date for
the 2009 tax year assessment, and in recognition of the City’s desire to cap the
reimbursement to the Developer for Developer’s Eligible Costs after thirty (30)
years from the substantial completion of the project, after reimbursement to
Developer for Developer’s Eligible Costs in the total amount of all Tax Increment
Revenues billed and eligible for capture under the Plan and this Agreement from
the date of this Agreement through December 31, 2039 (the “30 Year Cap”).
2. Paragraph 5 shall be revised to read as follows:
(a) The Developer and the City agree that Developer shall undertake and complete to
the City’s reasonable satisfaction the relocation of a sanitary sewer line located in
the east side of the project. Notwithstanding any other provision of this Agreement,
reimbursement to the Developer for up to Seventy-Five Thousand and No/100
Dollars ($75,000) of its costs for this sewer line relocation shall, for accounting
purposes only, not be considered in calculation of the $3,000,000 Cap or the 30
Year Cap, insofar as reimbursement for such Eligible Costs would limit
reimbursement to Developer of its other Eligible Costs per the terms of this
Agreement; in such case, reimbursement for the Eligible Costs would continue if
and as necessary to reach the $3,000,000 Cap or the 16 Year Cap, whichever comes
first. The Developer’s costs for this sewer line relocation in excess of Seventy-Five
Thousand and No/100 Dollars ($75,000) shall be considered part of the Developer’s
Eligible Costs and included in and applied against the $3,000,000 Cap and/or the
30 Year Cap, and subject to reimbursement to the Developer as such as otherwise
provided under this Agreement.
(b) The Developer shall use a “sewer camera” to investigate the condition of the
existing sewer line located in the West side of the Project, and shall undertake
reasonably necessary cleaning and repairs to the portion of that sewer line within
the Project site, at a cost to the Developer not to exceed One Hundred Fifty
Thousand and No/100 Dollars ($150,000). The costs associated with televising,
cleaning, and/or repairing this West side sewer line shall be Eligible Costs.
Page 97 of 434
Notwithstanding, if the foregoing costs exceed One Hundred Fifty Thousand and
No/100 Dollars ($150,000), such excess amounts will be paid by the City but may,
at the City’s option, only reimbursed to the City from the captured Tax Increment
Revenues at any time after the earliest of the fulfillment of the 30 Year Cap, the
$3,000,000 Cap, or reimbursement of all of Developer’s Eligible Costs under this
Agreement.
3. Paragraph 7(b) shall be revised to read as follows:
(c) The City’s costs for the Henry Street Resurfacing, up to a maximum of Three
Hundred Thousand and No/100 Dollars ($300,000), shall be reimbursed to the City
over a period of years from the captured Tax Increment Revenues. The amount of
such reimbursement in any year shall be determined by multiplying the total dollar
amount incurred and paid by the City for the Henry Street Resurfacing as of
December 31 of the then most recent past calendar year by ten percent (10%),
provided that the amount of such reimbursement in any year shall not exceed Thirty
Thousand and No/100 Dollars ($30,000). Reimbursement under this formula shall
continue until all such costs incurred and paid by the City for the Henry Street
Resurfacing (to the maximum amount of Three Hundred Thousand and No/100
Dollars ($300,000) have been paid in full. All such reimbursement(s) to the City in
a total amount not to exceed Three Hundred Thousand and No/100 Dollars
($300,000) shall be included in and applied against the 30 Year Cap and the
$3,000,000 Cap, and shall be paid in full by the time the earlier of the 30 Year Cap
or the $3,000,000 Cap is reached. Notwithstanding any other provision of this
Section 7(b), if in the year that the $3,000,000 Cap or the 30 Year Cap is reached,
the City has not yet been fully reimbursed for the lesser of all of its Eligible Costs
or Three Hundred Thousand and No/100 Dollars ($300,000) for the Henry Street
Resurfacing, the City may be reimbursed in that year in an amount which exceeds
Thirty Thousand and No/100 Dollars ($30,000).
4. Paragraph 7(d) shall be revised to read as follows:
(d) If the City incurs and pays more than for Three Hundred Thousand and No/100
Dollars ($300,000) for the Henry Street Resurfacing during the term of this
Agreement, such excess amount may, at the City’s option, be reimbursed to the
City from the captured Tax Increment Revenues at any time after the earliest of the
fulfillment of the 30 Year Cap, the $3,000,000 Cap, or reimbursement of all of
Developer’s Eligible Costs under this Agreement.
5. Paragraph 9 shall be revised to read as follows:
From the Tax Increment Revenues collected during the term of this Agreement, the
Authority shall be paid the sum of Ten Thousand and No/100 Dollars ($10,000) per
calendar year for its administration of the Plan (the “Authority Fee”), provided
that if the total Tax Increment Revenues captured (or, if Developer fails to timely
pay its property taxes on the project, the amount capturable if such taxes were
Page 98 of 434
timely paid) in any calendar year are insufficient to pay the Authority Fee for that
year shall accrue and be paid according to the Payment Priority Schedule in the
next year in which sufficient captured Tax Increment Revenues are available.
Notwithstanding anything to the contrary in this Agreement, the Authority Fee shall
not be considered as part of or applied to the calculation of the 30 Year Cap or the
$3,000,000 Cap (as is the case for the $75,000 of the sewer costs detailed in section
5 of this Agreement) and for accounting purposes shall be deemed to be collected
and paid after the Developer has been repaid the entirety of its Eligible Costs per
the terms of this Agreement.
6. Paragraph 10(c) shall be revised to read as follows:
(e) Interest shall accrue on the Developer’s costs for Eligible Activities at the rate of
six and one-half percent (6.5%) per annum. Such interest shall be included in the
Eligible Costs for purposes of this Agreement. Interest shall begin to accrue on any
such costs on the date that Developer submits to the Authority evidence of its
payment of such Eligible Costs and shall continue to accrue on all unreimbursed
costs for Eligible Activities submitted by Developer until the earlier of the 30 Year
Cap or upon payment of all Eligible Costs up to the $3,000,000 Cap.
7. In all other respects, City of Muskegon Brownfield Development and Reimbursement
Agreement for Site S -- Betten Auto Dealership are unaffected and remain in full force and effect.
The parties have executed this Second Amendment in supplicate original on the date set forth
above.
THE CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT
AUTHORITY OF THE CITY OF MUSKEGON
By: _______________________________ By: ________________________________
Its: _______________________________ Its: ________________________________
Page 99 of 434
Table 2 – Total Captured Incremental Taxes Schedule
Act 381 Brownfield Plan
221 West Webster
Muskegon, MI
$ (1,291,409)
Estimated Taxable Value (TV) Increase Rate: 2% increase per year
Plan Year 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
Calendar Year 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033
*Base Taxable Value $ - $ - $ - $ - $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409
Future Taxable Value $ 1,464,310 $ 1,464,310 $ 1,493,596 $ 1,523,468 $ 3,667,000 $ 3,115,200 $ 3,165,042 $ 3,215,682 $ 3,225,327 $ 3,254,353 $ 3,322,693 $ 3,402,436 $ 3,467,080 $ 3,515,618 $ 3,631,632 $ 3,813,212 $ 3,889,476 $ 3,967,266 $ 4,046,611 $ 4,127,543 $ 4,210,094 $ 4,294,296 $ 4,380,182 $ 4,467,786 $ 4,557,141 $ 4,648,284
Incremental Difference (New TV - Base TV) $ 1,464,310 $ 1,464,310 $ 1,493,596 $ 1,523,468 $ 2,375,591 $ 1,823,791 $ 1,873,633 $ 1,924,273 $ 1,933,918 $ 1,962,944 $ 2,031,284 $ 2,111,027 $ 2,175,671 $ 2,224,209 $ 2,340,223 $ 2,521,803 $ 2,598,067 $ 2,675,857 $ 2,755,202 $ 2,836,134 $ 2,918,685 $ 3,002,887 $ 3,088,773 $ 3,176,377 $ 3,265,732 $ 3,356,875
School Capture Millage Rate
School Operating 18.0000 $ - $ 5,562 $ 23,453 $ 44,670 $ 48,171 $ 37,949 $ 38,086 $ 38,886 $ 38,949 $ 39,700 $ 40,471 $ 41,824 $ 42,689 $ 42,791 $ 43,630 $ 48,885 $ 46,765 $ 48,165 $ 49,594 $ 51,050 $ 52,536 $ 54,052 $ 55,598 $ 57,175 $ 58,783 $ 60,424
State Education Tax (SET) 6.0000 $ - $ - $ 9,243 $ 17,703 $ 19,664 $ 16,064 $ 15,603 $ 15,795 $ 15,742 $ 16,145 $ 16,096 $ 16,492 $ 16,625 $ 16,795 $ 17,354 $ 18,624 $ 15,588 $ 16,055 $ 16,531 $ 17,017 $ 17,512 $ 18,017 $ 18,533 $ 19,058 $ 19,594 $ 20,141
School Total 24.0000 $ - $ 5,562 $ 32,696 $ 62,373 $ 67,835 $ 54,013 $ 53,689 $ 54,681 $ 54,691 $ 55,845 $ 56,567 $ 58,316 $ 59,314 $ 59,586 $ 60,984 $ 67,509 $ 62,354 $ 64,221 $ 66,125 $ 68,067 $ 70,048 $ 72,069 $ 74,131 $ 76,233 $ 78,378 $ 80,565
Local Capture Millage Rate
MAISD 3.7580 $ - $ 1,905 $ 5,789 $ 11,088 $ 12,315 $ 10,061 $ 9,772 $ 9,892 $ 9,860 $ 10,112 $ 10,082 $ 10,329 $ 10,404 $ 10,441 $ 10,685 $ 11,466 $ 9,764 $ 10,056 $ 10,354 $ 10,658 $ 10,968 $ 11,285 $ 11,608 $ 11,937 $ 12,273 $ 12,615
County Operating 5.5637 $ - $ - $ 8,779 $ 16,814 $ 20,960 $ 15,257 $ 14,819 $ 15,001 $ 14,950 $ 15,334 $ 15,286 $ 15,663 $ 15,788 $ 15,844 $ 16,226 $ 17,412 $ 14,455 $ 14,888 $ 15,329 $ 15,779 $ 16,239 $ 16,707 $ 17,185 $ 17,672 $ 18,170 $ 18,677
County Museum 0.3221 $ - $ 505 $ 1,536 $ 2,943 $ - $ 862 $ 837 $ 848 $ 845 $ 866 $ 864 $ 885 $ 893 $ 895 $ 917 $ 983 $ 837 $ 862 $ 887 $ 914 $ 940 $ 967 $ 995 $ 1,023 $ 1,052 $ 1,081
County Veterans 0.0752 $ - $ - $ 201 $ 196 $ 198 $ 197 $ 203 $ 202 $ 207 $ 208 $ 209 $ 214 $ 229 $ 195 $ 201 $ 207 $ 213 $ 219 $ 226 $ 232 $ 239 $ 246 $ 252
Senior Citizen Services 0.3000 $ - $ - $ - $ 803 $ 676 $ 632 $ 1,312 $ 1,345 $ 1,342 $ 1,375 $ 1,386 $ 1,391 $ 1,424 $ 1,527 $ 779 $ 803 $ 827 $ 851 $ 876 $ 901 $ 927 $ 953 $ 980 $ 1,007
Community College 2.2037 $ - $ 1,117 $ 3,395 $ 6,502 $ 7,222 $ 5,900 $ 5,731 $ 5,802 $ 5,782 $ 5,930 $ 5,911 $ 6,057 $ 6,105 $ 6,127 $ 6,275 $ 6,734 $ 5,725 $ 5,897 $ 6,072 $ 6,250 $ 6,432 $ 6,617 $ 6,807 $ 7,000 $ 7,197 $ 7,398
City Operating 9.5865 $ - $ 5,611 $ 18,591 $ 35,628 $ 39,585 $ 25,666 $ 26,232 $ 26,554 $ 26,473 $ 27,153 $ 27,067 $ 27,725 $ 27,918 $ 27,983 $ 28,521 $ 30,590 $ 24,906 $ 25,652 $ 26,413 $ 27,189 $ 27,980 $ 28,787 $ 29,611 $ 30,450 $ 31,307 $ 32,181
City Sanitation 2.5000 $ - $ - $ - $ - $ - $ 6,693 $ 7,801 $ 7,898 $ 7,871 $ 8,073 $ 8,048 $ 8,246 $ 8,306 $ 8,329 $ 8,493 $ 9,114 $ 6,495 $ 6,690 $ 6,888 $ 7,090 $ 7,297 $ 7,507 $ 7,722 $ 7,941 $ 8,164 $ 8,392
Hackley Library 2.4000 $ - $ 1,217 $ 3,697 $ 7,081 $ 7,865 $ 6,425 $ 6,241 $ 6,318 $ 6,296 $ 6,458 $ 6,438 $ 6,596 $ 6,649 $ 6,668 $ 6,802 $ 7,299 $ 6,235 $ 6,422 $ 6,612 $ 6,807 $ 7,005 $ 7,207 $ 7,413 $ 7,623 $ 7,838 $ 8,057
Central Dispatch 0.3000 $ - $ - $ 983 $ 803 $ 780 $ 789 $ 787 $ 807 $ 804 $ 824 $ 831 $ 834 $ 854 $ 916 $ 779 $ 803 $ 827 $ 851 $ 876 $ 901 $ 927 $ 953 $ 980 $ 1,007
Local Total 27.0092 $ - $ 10,355 $ 41,787 $ 80,056 $ 88,930 $ 72,671 $ 73,085 $ 73,932 $ 74,373 $ 76,281 $ 76,044 $ 77,907 $ 78,488 $ 78,721 $ 80,411 $ 86,270 $ 70,172 $ 72,273 $ 74,416 $ 76,602 $ 78,831 $ 81,106 $ 83,425 $ 85,791 $ 88,205 $ 90,667
Non-Capturable Millages Millage Rate 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033
Community College Debt 0.2700 $ - $ - $ - $ - $ - $ - $ 884 $ 895 $ 892 $ 914 $ 912 $ 935 $ 942 $ 952 $ 984 $ 838 $ 1,050 $ 1,071 $ 1,093 $ 1,114 $ 1,137 $ 1,159 $ 1,183 $ 1,206 $ 1,230 $ 1,255
Hackley Library Debt 0.4999 $ - $ - $ - $ - $ - $ - $ - $ - $ 1,302 $ 1,345 $ 1,305 $ 1,243 $ 1,256 $ 1,218 $ 1,446 $ 1,552 $ 1,944 $ 1,983 $ 2,023 $ 2,063 $ 2,105 $ 2,147 $ 2,190 $ 2,233 $ 2,278 $ 2,324
MPS Debt 7.7500 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Non-Capturable Total 8.5199 $ - $ - $ - $ - $ - $ - $ 884 $ 895 $ 2,194 $ 2,259 $ 2,217 $ 2,178 $ 2,198 $ 2,170 $ 2,430 $ 2,390 $ 2,995 $ 3,054 $ 3,115 $ 3,178 $ 3,241 $ 3,306 $ 3,372 $ 3,440 $ 3,509 $ 3,579
$ 131,258 $ 134,385 $ 134,828 $ 138,401 $ 140,000 $ 140,477 $ 143,825 $ 156,169 $ 135,520 $ 139,548 $ 143,656 $ 147,847 $ 152,121 $ 156,481 $ 160,928 $ 165,464 $ 170,091 $ 174,810
Total Tax Increment Revenue (TIR) Available for Capture $ - $ 13,136 $ 58,135 $ 111,243 $ 122,848 $ 99,678 $ 99,930 $ 101,273 $ 101,719 $ 104,204 $ 104,328 $ 107,065 $ 108,145 $ 108,514 $ 110,903 $ 120,025 $ 101,349 $ 104,383 $ 107,478 $ 110,635 $ 113,856 $ 117,140 $ 120,491 $ 123,908 $ 127,394 $ 130,949
NOTES:
12/2/2025
Page 100 of 434
Table 2 – Total Captured Incremental Taxes Schedule
Act 381 Brownfield Plan
221 West Webster
Muskegon, MI
Estimated Taxable Value (TV) Increase Rate:
Plan Year 27 28 29 30 31 32 33 34 35 Totals
Calendar Year 2034 2035 2036 2037 2038 2039 2040 2041 2042
*Base Taxable Value $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409
Future Taxable Value $ 4,741,250 $ 4,836,075 $ 4,932,796 $ 5,031,452 $ 5,132,081 $ 5,234,723 $ 5,339,417 $ 5,446,206 $ 5,555,130 $ 5,610,681
Incremental Difference (New TV - Base TV) $ 3,449,841 $ 3,544,666 $ 3,641,387 $ 3,740,043 $ 3,840,672 $ 3,943,314 $ 4,048,008 $ 4,154,797 $ 4,263,721 $ -
School Capture Millage Rate
School Operating 18.0000 $ 62,097 $ 63,804 $ 65,545 $ 67,321 $ 69,132 $ 70,980 $ 72,864 $ 74,786 $ 76,747 $ 1,733,135
State Education Tax (SET) 6.0000 $ 20,699 $ 21,268 $ 21,848 $ 22,440 $ 23,044 $ 23,660 $ 24,288 $ 24,929 $ 25,582 $ 613,751
School Total 24.0000 $ 82,796 $ 85,072 $ 87,393 $ 89,761 $ 92,176 $ 94,640 $ 97,152 $ 99,715 $ 102,329 $ 2,346,886
Local Capture Millage Rate
MAISD 3.7580 $ 12,965 $ 13,321 $ 13,684 $ 14,055 $ 14,433 $ 14,819 $ 15,212 $ 15,614 $ 16,023 $ 385,844
County Operating 5.5637 $ 19,194 $ 19,721 $ 20,260 $ 20,808 $ 21,368 $ 21,939 $ 22,522 $ 23,116 $ 23,722 $ 575,885
County Museum 0.3221 $ 1,111 $ 1,142 $ 1,173 $ 1,205 $ 1,237 $ 1,270 $ 1,304 $ 1,338 $ 1,373 $ 35,390
County Veterans 0.0752 $ 259 $ 267 $ 274 $ 281 $ 289 $ 297 $ 304 $ 312 $ 321 $ 7,099
Senior Citizen Services 0.3000 $ 1,035 $ 1,063 $ 1,092 $ 1,122 $ 1,152 $ 1,183 $ 1,214 $ 1,246 $ 1,279 $ 32,503
Community College 2.2037 $ 7,602 $ 7,811 $ 8,025 $ 8,242 $ 8,464 $ 8,690 $ 8,921 $ 9,156 $ 9,396 $ 226,290
City Operating 9.5865 $ 33,072 $ 33,981 $ 34,908 $ 35,854 $ 36,819 $ 37,803 $ 38,806 $ 39,830 $ 40,874 $ 1,017,719
City Sanitation 2.5000 $ 8,625 $ 8,862 $ 9,103 $ 9,350 $ 9,602 $ 9,858 $ 10,120 $ 10,387 $ 10,659 $ 249,625
Hackley Library 2.4000 $ 8,280 $ 8,507 $ 8,739 $ 8,976 $ 9,218 $ 9,464 $ 9,715 $ 9,972 $ 10,233 $ 246,372
Central Dispatch 0.3000 $ 1,035 $ 1,063 $ 1,092 $ 1,122 $ 1,152 $ 1,183 $ 1,214 $ 1,246 $ 1,279 $ 29,302
Local Total 27.0092 $ 93,177 $ 95,739 $ 98,351 $ 101,016 $ 103,733 $ 106,506 $ 109,333 $ 112,218 $ 115,160 $ 2,806,031
Non-Capturable Millages Millage Rate 2034 2035 2036 2037 2038 2039 2040 2041 2042
Community College Debt 0.2700 $ 1,280 $ 1,306 $ 1,332 $ 1,358 $ 1,386 $ 1,413 $ 1,442 $ 1,470 $ 1,500 $ 33,134
Hackley Library Debt 0.4999 $ 2,370 $ 2,418 $ 2,466 $ 2,515 $ 2,566 $ 2,617 $ 2,669 $ 2,723 $ 2,777 $ 55,077
MPS Debt 7.7500 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Non-Capturable Total 8.5199 $ 3,650 $ 3,723 $ 3,798 $ 3,874 $ 3,951 $ 4,030 $ 4,111 $ 4,193 $ 4,277 $ 88,211
$ 179,624 $ 184,534 $ 189,542 $ 194,650 $ 199,861 $ 205,176 $ 210,596 $ 216,126 $ 221,766
Total Tax Increment Revenue (TIR) Available for Capture $ 134,576 $ 138,275 $ 142,048 $ 145,896 $ 149,822 $ 153,826 $ 157,910 $ 162,075 $ 166,324 $ 3,979,474
NOTES:
12/2/2025
Page 101 of 434
Table 3 – Estimated Reimbursement Schedule
Act 381 Brownfield Plan
221 W Webster, LLC
221 W Webster Street
Muskegon, MI
Developer
School & Local
Maximum Proportionality Local-Only Taxes Total
Taxes
Reimbursement Estimated Capture
State 45.0% $ 2,040,010 $ - $ 2,040,010 Estimated Total Administrative Fees $ 340,000
Local 55.0% $ 1,233,015 $ 836,005 $ 2,069,020 Years of Plan: State Brownfield Redevelopment Fund $ 306,876
TOTAL Local Brownfield Revolving Fund $ 778,567
Local-Only 57.1% $ 836,005 $ 836,005
Pre-Approved 42.9% $ 628,305 $ - $ 628,305
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032
Total State Incremental Revenue $ - $ 5,562 $ 32,696 $ 62,373 $ 67,835 $ 54,013 $ 53,689 $ 54,681 $ 54,691 $ 55,845 $ 56,567 $ 58,316 $ 59,314 $ 59,586 $ 60,984 $ 67,509 $ 62,354 $ 64,221 $ 66,125 $ 68,067 $ 70,048 $ 72,069 $ 74,131 $ 76,233 $ 78,378
State Brownfield Redevelopment Fund (50% of SET) $ - $ - $ 4,622 $ 8,852 $ 9,832 $ 8,032 $ 7,802 $ 7,898 $ 7,871 $ 8,073 $ 8,048 $ 8,246 $ 8,313 $ 8,398 $ 8,677 $ 9,312 $ 7,794 $ 8,028 $ 8,266 $ 8,508 $ 8,756 $ 9,009 $ 9,266 $ 9,529 $ 9,797
State TIR Available for Reimbursement $ - $ 5,562 $ 28,075 $ 53,522 $ 58,003 $ 45,981 $ 45,888 $ 46,784 $ 46,820 $ 47,773 $ 48,519 $ 50,070 $ 51,002 $ 51,189 $ 52,307 $ 58,197 $ 54,559 $ 56,193 $ 57,859 $ 59,559 $ 61,292 $ 63,061 $ 64,864 $ 66,704 $ 68,580
Total Local Incremental Revenue $ - $ 10,355 $ 41,787 $ 80,056 $ 88,930 $ 72,671 $ 73,085 $ 73,932 $ 74,373 $ 76,281 $ 76,044 $ 77,907 $ 78,488 $ 78,721 $ 80,411 $ 86,270 $ 70,172 $ 72,273 $ 74,416 $ 76,602 $ 78,831 $ 81,106 $ 83,425 $ 85,791 $ 88,205
BRA Administrative Fee ($10,000 per anum) $ - $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000
Local TIR Available for Reimbursement $ - $ 355 $ 31,787 $ 70,056 $ 78,930 $ 62,671 $ 63,085 $ 63,932 $ 64,373 $ 66,281 $ 66,044 $ 67,907 $ 68,488 $ 68,721 $ 70,411 $ 76,270 $ 60,172 $ 62,273 $ 64,416 $ 66,602 $ 68,831 $ 71,106 $ 73,425 $ 75,791 $ 78,205
Total State & Local TIR Available $ - $ 5,917 $ 59,862 $ 123,578 $ 136,933 $ 108,652 $ 108,973 $ 110,716 $ 111,193 $ 114,054 $ 114,563 $ 117,977 $ 119,490 $ 119,910 $ 122,718 $ 134,467 $ 114,731 $ 118,466 $ 122,275 $ 126,161 $ 130,124 $ 134,166 $ 138,290 $ 142,495 $ 146,785
Beginning
DEVELOPER Balance
Reimbursement Balance $ 1,464,310 $ 1,464,310 $ 1,553,573 $ 1,600,881 $ 1,588,326 $ 1,561,851 $ 1,511,730 $ 1,457,716 $ 1,399,945 $ 1,339,603 $ 1,274,215 $ 1,205,953 $ 1,131,805 $ 1,053,463 $ 971,864 $ 884,502 $ 782,231 $ 696,004 $ 613,764 $ 523,988 $ 425,652 $ 318,202 $ 201,080 $ 73,697 $ (64,568) $ (214,371)
MSHDA Costs
State Tax Reimbursement $ -
Local Tax Reimbursement $ -
Total MSHDA Reimbursement Balance
Pre-Approved Activities (EGLE/MEDC) $ 628,305 $ 628,305 $ 628,305 $ 622,566 $ 578,598 $ 490,048 $ 392,580 $ 315,264 $ 237,834 $ 159,084 $ - $ - $ (81,541) $ (165,565) $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
State Tax Reimbursement $ 2,040,010 $ - $ 5,562 $ 28,075 $ 53,522 $ 58,003 $ 45,981 $ 45,888 $ 46,784 $ 46,820 $ 47,773 $ 48,519 $ 50,070 $ 51,002 $ 51,189 $ 52,307 $ 58,197 $ 54,559 $ 56,193 $ 57,859 $ 59,559 $ 61,292 $ 63,061 $ 64,864 $ 66,704 $ 68,580
Local Tax Reimbursement $ 1,233,015 $ - $ 178 $ 15,894 $ 35,028 $ 39,465 $ 31,336 $ 31,543 $ 31,966 $ 32,187 $ 33,141 $ 33,022 $ 33,954 $ 34,244 $ 34,361 $ 35,206 $ 38,135 $ 30,086 $ 31,136 $ 32,208 $ 33,301 $ 34,416 $ 35,553 $ 36,713 $ 37,896 $ 39,102
Total Pre-Approved Reimbursement Balance $ 628,305 $ 622,566 $ 578,598 $ 490,048 $ 392,580 $ 315,264 $ 237,834 $ 159,084 $ (81,541) $ (165,565)
MEDC Non-Environmental Costs
State Tax Reimbursement
Local Tax Reimbursement
Total MEDC Reimbursement Balance
Local-Only Costs $ 836,005 $ 836,005 $ 836,005 $ 835,828 $ 819,934 $ 784,906 $ 745,441 $ 714,106 $ 682,563 $ 650,597 $ 618,411 $ 585,270 $ 552,248 $ 518,295 $ 484,051 $ 449,690 $ 414,485 $ 376,350 $ 346,264 $ 315,127 $ 282,919 $ 249,619 $ 215,203 $ 179,650 $ 142,937 $ 105,042
Local Tax Reimbursement $ 1,233,015 $ - $ 178 $ 15,894 $ 35,028 $ 39,465 $ 31,336 $ 31,543 $ 31,966 $ 32,187 $ 33,141 $ 33,022 $ 33,954 $ 34,244 $ 34,361 $ 35,206 $ 38,135 $ 30,086 $ 31,136 $ 32,208 $ 33,301 $ 34,416 $ 35,553 $ 36,713 $ 37,896 $ 39,102
Total Local-Only Reimbursement Balance $ 836,005 $ 835,828 $ 819,934 $ 784,906 $ 745,441 $ 714,106 $ 682,563 $ 650,597 $ 618,411 $ 585,270 $ 552,248 $ 518,295 $ 484,051 $ 449,690 $ 414,485 $ 376,350 $ 346,264 $ 315,127 $ 282,919 $ 249,619 $ 215,203 $ 179,650 $ 142,937 $ 105,042 $ 65,939
Simple Interest Expense $ 1,464,310 $ 1,553,573 $ 1,600,881 $ 1,588,326 $ 1,561,851 $ 1,511,730 $ 1,457,716 $ 1,399,945 $ 1,339,603 $ 1,274,215 $ 1,205,953 $ 1,131,805 $ 1,053,463 $ 971,864 $ 884,502 $ 782,231 $ 696,004 $ 613,764 $ 523,988 $ 425,652 $ 318,202 $ 201,080 $ 73,697 $ (64,568) $ (214,371)
Annual Interest Incurred @ 6.5% $ - $ 95,180 $ 107,169 $ 111,023 $ 110,458 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Annual Interest Incurred @ 3.5% $ - $ - $ - $ - $ - $ 58,531 $ 54,959 $ 52,944 $ 50,851 $ 48,666 $ 46,301 $ 43,829 $ 41,147 $ 38,311 $ 35,356 $ 32,195 $ 28,505 $ - $ - $ - $ - $ - $ - $ - $ -
Annual Interest Incurred @ 5.0% $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 36,225 $ 32,499 $ 27,824 $ 22,674 $ 17,044 $ 10,906 $ 4,230 $ (3,017)
Local Tax Reimbursement
Total Interest Reimbursement Balance $ 1,464,310 $ 1,648,753 $ 1,708,050 $ 1,699,350 $ 1,672,309 $ 1,570,261 $ 1,512,676 $ 1,452,888 $ 1,390,454 $ 1,322,881 $ 1,252,254 $ 1,175,634 $ 1,094,610 $ 1,010,176 $ 919,859 $ 814,426 $ 724,509 $ 649,989 $ 556,488 $ 453,477 $ 340,876 $ 218,124 $ 84,603 $ (60,338) $ (217,387)
Total Annual Developer Reimbursement $ - $ 5,917 $ 59,862 $ 123,578 $ 136,933 $ 108,652 $ 108,973 $ 110,716 $ 111,193 $ 114,054 $ 114,563 $ 117,977 $ 119,490 $ 119,910 $ 122,718 $ 134,467 $ 114,731 $ 118,466 $ 122,275 $ 126,161 $ 130,124 $ 134,166 $ 138,290 $ 142,495 $ 146,785
LOCAL BROWNFIELD REVOLVING FUND
LBRF Deposits * $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
State Tax Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Local Tax Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 82,157 $ 146,785
Total LBRF Capture $ 778,567 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
* Up to five years of capture for LBRF Deposits after eligible activities are reimbursed. May be taken from state and local TIR.
12/2/2025
Page 102 of 434
Table 3 – Estimated Reimbursement Schedule
Act 381 Brownfield Plan
221 W Webster, LLC
221 W Webster Street
Muskegon, MI
26 27 28 29 30 31 32 33 34 35
2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 TOTAL
Total State Incremental Revenue $ 80,565 $ 82,796 $ 85,072 $ 87,393 $ 89,761 $ 92,176 $ 94,640 $ 97,152 $ 99,715 $ 102,329 $ 2,346,886
State Brownfield Redevelopment Fund (50% of SET)
$ 10,071 $ 10,350 $ 10,634 $ 10,924 $ 11,220 $ 11,522 $ 11,830 $ 12,144 $ 12,464 $ 12,791 $ 306,876
State TIR Available for Reimbursement $ 70,494 $ 72,447 $ 74,438 $ 76,469 $ 78,541 $ 80,654 $ 82,810 $ 85,008 $ 87,251 $ 89,538 $ 2,040,010
Total Local Incremental Revenue $ 90,667 $ 93,177 $ 95,739 $ 98,351 $ 101,016 $ 103,733 $ 106,506 $ 109,333 $ 112,218 $ 115,160 $ 2,806,031
BRA Administrative Fee ($10,000 per anum) $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 340,000
Local TIR Available for Reimbursement $ 80,667 $ 83,177 $ 85,739 $ 88,351 $ 91,016 $ 93,733 $ 96,506 $ 99,333 $ 102,218 $ 105,160 $ 2,466,031
Total State & Local TIR Available $ 151,161 $ 155,624 $ 160,177 $ 164,820 $ 169,556 $ 174,388 $ 179,315 $ 184,342 $ 189,468 $ 194,698 $ 4,506,041
DEVELOPER
Reimbursement Balance $ (376,401) $ (551,388) $ (740,103) $ (943,355) $ (1,162,001) $ (1,396,943) $ (1,649,133) $ (1,919,575) $ (2,209,327) $ (2,519,505) $ -
MSHDA Costs
State Tax Reimbursement
Local Tax Reimbursement
Total MSHDA Reimbursement Balance
Pre-Approved Activities (EGLE/MEDC) $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
State Tax Reimbursement $ 70,494 $ 72,447 $ 74,438 $ 76,469 $ 78,541 $ 80,654 $ 82,810 $ 85,008 $ 87,251 $ 89,538 $ 2,040,010
Local Tax Reimbursement $ 40,333 $ 41,589 $ 42,869 $ 44,175 $ 45,508 $ 46,867 $ 48,253 $ 49,667 $ 51,109 $ 52,580 $ 1,233,015
Total Pre-Approved Reimbursement Balance
MEDC Non-Environmental Costs
State Tax Reimbursement
Local Tax Reimbursement
Total MEDC Reimbursement Balance
Local-Only Costs $ 65,939 $ 25,606 $ (15,983) $ (58,852) $ (103,027) $ (148,535) $ (195,402) $ (243,655) $ (293,322) $ (344,430) $ -
Local Tax Reimbursement $ 40,333 $ 41,589 $ 42,869 $ 44,175 $ 45,508 $ 46,867 $ 48,253 $ 49,667 $ 51,109 $ 52,580 $ 1,233,015
Total Local-Only Reimbursement Balance $ 25,606 $ (15,983) $ (58,852) $ (103,027) $ (148,535) $ (195,402) $ (243,655) $ (293,322) $ (344,430) $ (397,010) $ 1,233,015
Simple Interest Expense $ (376,401) $ (551,388) $ (740,103) $ (943,355) $ (1,162,001) $ (1,396,943) $ (1,649,133) $ (1,919,575) $ (2,209,327) $ (2,519,505)
Annual Interest Incurred @ 6.5% $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 423,830
Annual Interest Incurred @ 3.5% $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 531,595
Annual Interest Incurred @ 5.0% $ (10,869) $ (19,364) $ (28,538) $ (38,432) $ (49,089) $ (60,554) $ (72,875) $ (86,100) $ (100,284) $ (115,481) $ 119,223
Local Tax Reimbursement $ -
Total Interest Reimbursement Balance $ (387,270) $ (570,752) $ (768,640) $ (981,787) $ (1,211,090) $ (1,457,497) $ (1,722,008) $ (2,005,675) $ (2,309,611) $ (2,634,986) $ -
Total Annual Developer Reimbursement $ 151,161 $ 155,624 $ 160,177 $ 164,820 $ 169,556 $ 174,388 $ 179,315 $ 184,342 $ 189,468 $ 194,698 $ 4,506,041
LOCAL BROWNFIELD REVOLVING FUND
LBRF Deposits * $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 778,567
State Tax Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Local Tax Capture $ 151,161 $ 155,624 $ 160,177 $ 82,663 $ - $ - $ - $ - $ - $ - $ 778,567
Total LBRF Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
* Up to five years of capture for LBRF Deposits after eligible activities are reimbursed. May be taken from state and local TIR.
12/2/2025
Page 103 of 434
Table 2 – Total Captured Incremental Taxes Schedule
Act 381 Brownfield Plan
221 West Webster
Muskegon, MI
$ (1,291,409)
Estimated Taxable Value (TV) Increase Rate: 2% increase per year
Plan Year 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
Calendar Year 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033
*Base Taxable Value $ - $ - $ - $ - $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409
Future Taxable Value $ 1,464,310 $ 1,464,310 $ 1,493,596 $ 1,523,468 $ 3,667,000 $ 3,115,200 $ 3,165,042 $ 3,215,682 $ 3,225,327 $ 3,254,353 $ 3,322,693 $ 3,402,436 $ 3,467,080 $ 3,515,618 $ 3,631,632 $ 3,813,212 $ 3,889,476 $ 3,967,266 $ 4,046,611 $ 4,127,543 $ 4,210,094 $ 4,294,296 $ 4,380,182 $ 4,467,786 $ 4,557,141 $ 4,648,284
Incremental Difference (New TV - Base TV) $ 1,464,310 $ 1,464,310 $ 1,493,596 $ 1,523,468 $ 2,375,591 $ 1,823,791 $ 1,873,633 $ 1,924,273 $ 1,933,918 $ 1,962,944 $ 2,031,284 $ 2,111,027 $ 2,175,671 $ 2,224,209 $ 2,340,223 $ 2,521,803 $ 2,598,067 $ 2,675,857 $ 2,755,202 $ 2,836,134 $ 2,918,685 $ 3,002,887 $ 3,088,773 $ 3,176,377 $ 3,265,732 $ 3,356,875
School Capture Millage Rate
School Operating 18.0000 $ - $ 5,562 $ 23,453 $ 44,670 $ 48,171 $ 37,949 $ 38,086 $ 38,886 $ 38,949 $ 39,700 $ 40,471 $ 41,824 $ 42,689 $ 42,791 $ 43,630 $ 48,885 $ 46,765 $ 48,165 $ 49,594 $ 51,050 $ 52,536 $ 54,052 $ 55,598 $ 57,175 $ 58,783 $ 60,424
State Education Tax (SET) 6.0000 $ - $ - $ 9,243 $ 17,703 $ 19,664 $ 16,064 $ 15,603 $ 15,795 $ 15,742 $ 16,145 $ 16,096 $ 16,492 $ 16,625 $ 16,795 $ 17,354 $ 18,624 $ 15,588 $ 16,055 $ 16,531 $ 17,017 $ 17,512 $ 18,017 $ 18,533 $ 19,058 $ 19,594 $ 20,141
School Total 24.0000 $ - $ 5,562 $ 32,696 $ 62,373 $ 67,835 $ 54,013 $ 53,689 $ 54,681 $ 54,691 $ 55,845 $ 56,567 $ 58,316 $ 59,314 $ 59,586 $ 60,984 $ 67,509 $ 62,354 $ 64,221 $ 66,125 $ 68,067 $ 70,048 $ 72,069 $ 74,131 $ 76,233 $ 78,378 $ 80,565
Local Capture Millage Rate
MAISD 3.7580 $ - $ 1,905 $ 5,789 $ 11,088 $ 12,315 $ 10,061 $ 9,772 $ 9,892 $ 9,860 $ 10,112 $ 10,082 $ 10,329 $ 10,404 $ 10,441 $ 10,685 $ 11,466 $ 9,764 $ 10,056 $ 10,354 $ 10,658 $ 10,968 $ 11,285 $ 11,608 $ 11,937 $ 12,273 $ 12,615
County Operating 5.5637 $ - $ - $ 8,779 $ 16,814 $ 20,960 $ 15,257 $ 14,819 $ 15,001 $ 14,950 $ 15,334 $ 15,286 $ 15,663 $ 15,788 $ 15,844 $ 16,226 $ 17,412 $ 14,455 $ 14,888 $ 15,329 $ 15,779 $ 16,239 $ 16,707 $ 17,185 $ 17,672 $ 18,170 $ 18,677
County Museum 0.3221 $ - $ 505 $ 1,536 $ 2,943 $ - $ 862 $ 837 $ 848 $ 845 $ 866 $ 864 $ 885 $ 893 $ 895 $ 917 $ 983 $ 837 $ 862 $ 887 $ 914 $ 940 $ 967 $ 995 $ 1,023 $ 1,052 $ 1,081
County Veterans 0.0752 $ - $ - $ 201 $ 196 $ 198 $ 197 $ 203 $ 202 $ 207 $ 208 $ 209 $ 214 $ 229 $ 195 $ 201 $ 207 $ 213 $ 219 $ 226 $ 232 $ 239 $ 246 $ 252
Senior Citizen Services 0.3000 $ - $ - $ - $ 803 $ 676 $ 632 $ 1,312 $ 1,345 $ 1,342 $ 1,375 $ 1,386 $ 1,391 $ 1,424 $ 1,527 $ 779 $ 803 $ 827 $ 851 $ 876 $ 901 $ 927 $ 953 $ 980 $ 1,007
Community College 2.2037 $ - $ 1,117 $ 3,395 $ 6,502 $ 7,222 $ 5,900 $ 5,731 $ 5,802 $ 5,782 $ 5,930 $ 5,911 $ 6,057 $ 6,105 $ 6,127 $ 6,275 $ 6,734 $ 5,725 $ 5,897 $ 6,072 $ 6,250 $ 6,432 $ 6,617 $ 6,807 $ 7,000 $ 7,197 $ 7,398
City Operating 9.5865 $ - $ 5,611 $ 18,591 $ 35,628 $ 39,585 $ 25,666 $ 26,232 $ 26,554 $ 26,473 $ 27,153 $ 27,067 $ 27,725 $ 27,918 $ 27,983 $ 28,521 $ 30,590 $ 24,906 $ 25,652 $ 26,413 $ 27,189 $ 27,980 $ 28,787 $ 29,611 $ 30,450 $ 31,307 $ 32,181
City Sanitation 2.5000 $ - $ - $ - $ - $ - $ 6,693 $ 7,801 $ 7,898 $ 7,871 $ 8,073 $ 8,048 $ 8,246 $ 8,306 $ 8,329 $ 8,493 $ 9,114 $ 6,495 $ 6,690 $ 6,888 $ 7,090 $ 7,297 $ 7,507 $ 7,722 $ 7,941 $ 8,164 $ 8,392
Hackley Library 2.4000 $ - $ 1,217 $ 3,697 $ 7,081 $ 7,865 $ 6,425 $ 6,241 $ 6,318 $ 6,296 $ 6,458 $ 6,438 $ 6,596 $ 6,649 $ 6,668 $ 6,802 $ 7,299 $ 6,235 $ 6,422 $ 6,612 $ 6,807 $ 7,005 $ 7,207 $ 7,413 $ 7,623 $ 7,838 $ 8,057
Central Dispatch 0.3000 $ - $ - $ 983 $ 803 $ 780 $ 789 $ 787 $ 807 $ 804 $ 824 $ 831 $ 834 $ 854 $ 916 $ 779 $ 803 $ 827 $ 851 $ 876 $ 901 $ 927 $ 953 $ 980 $ 1,007
Local Total 27.0092 $ - $ 10,355 $ 41,787 $ 80,056 $ 88,930 $ 72,671 $ 73,085 $ 73,932 $ 74,373 $ 76,281 $ 76,044 $ 77,907 $ 78,488 $ 78,721 $ 80,411 $ 86,270 $ 70,172 $ 72,273 $ 74,416 $ 76,602 $ 78,831 $ 81,106 $ 83,425 $ 85,791 $ 88,205 $ 90,667
Non-Capturable Millages Millage Rate 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033
Community College Debt 0.2700 $ - $ - $ - $ - $ - $ - $ 884 $ 895 $ 892 $ 914 $ 912 $ 935 $ 942 $ 952 $ 984 $ 838 $ 1,050 $ 1,071 $ 1,093 $ 1,114 $ 1,137 $ 1,159 $ 1,183 $ 1,206 $ 1,230 $ 1,255
Hackley Library Debt 0.4999 $ - $ - $ - $ - $ - $ - $ - $ - $ 1,302 $ 1,345 $ 1,305 $ 1,243 $ 1,256 $ 1,218 $ 1,446 $ 1,552 $ 1,944 $ 1,983 $ 2,023 $ 2,063 $ 2,105 $ 2,147 $ 2,190 $ 2,233 $ 2,278 $ 2,324
MPS Debt 7.7500 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Non-Capturable Total 8.5199 $ - $ - $ - $ - $ - $ - $ 884 $ 895 $ 2,194 $ 2,259 $ 2,217 $ 2,178 $ 2,198 $ 2,170 $ 2,430 $ 2,390 $ 2,995 $ 3,054 $ 3,115 $ 3,178 $ 3,241 $ 3,306 $ 3,372 $ 3,440 $ 3,509 $ 3,579
$ 131,258 $ 134,385 $ 134,828 $ 138,401 $ 140,000 $ 140,477 $ 143,825 $ 156,169 $ 135,520 $ 139,548 $ 143,656 $ 147,847 $ 152,121 $ 156,481 $ 160,928 $ 165,464 $ 170,091 $ 174,810
Total Tax Increment Revenue (TIR) Available for Capture $ - $ 13,136 $ 58,135 $ 111,243 $ 122,848 $ 99,678 $ 99,930 $ 101,273 $ 101,719 $ 104,204 $ 104,328 $ 107,065 $ 108,145 $ 108,514 $ 110,903 $ 120,025 $ 101,349 $ 104,383 $ 107,478 $ 110,635 $ 113,856 $ 117,140 $ 120,491 $ 123,908 $ 127,394 $ 130,949
NOTES:
12/2/2025
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Table 2 – Total Captured Incremental Taxes Schedule
Act 381 Brownfield Plan
221 West Webster
Muskegon, MI
Estimated Taxable Value (TV) Increase Rate:
Plan Year 27 28 29 30 31 32 33 34 35 Totals
Calendar Year 2034 2035 2036 2037 2038 2039 2040 2041 2042
*Base Taxable Value $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409 $ 1,291,409
Future Taxable Value $ 4,741,250 $ 4,836,075 $ 4,932,796 $ 5,031,452 $ 5,132,081 $ 5,234,723 $ 5,339,417 $ 5,446,206 $ 5,555,130 $ 5,610,681
Incremental Difference (New TV - Base TV) $ 3,449,841 $ 3,544,666 $ 3,641,387 $ 3,740,043 $ 3,840,672 $ 3,943,314 $ 4,048,008 $ 4,154,797 $ 4,263,721 $ -
School Capture Millage Rate
School Operating 18.0000 $ 62,097 $ 63,804 $ 65,545 $ 67,321 $ 69,132 $ 70,980 $ 72,864 $ 74,786 $ 76,747 $ 1,733,135
State Education Tax (SET) 6.0000 $ 20,699 $ 21,268 $ 21,848 $ 22,440 $ 23,044 $ 23,660 $ 24,288 $ 24,929 $ 25,582 $ 613,751
School Total 24.0000 $ 82,796 $ 85,072 $ 87,393 $ 89,761 $ 92,176 $ 94,640 $ 97,152 $ 99,715 $ 102,329 $ 2,346,886
Local Capture Millage Rate
MAISD 3.7580 $ 12,965 $ 13,321 $ 13,684 $ 14,055 $ 14,433 $ 14,819 $ 15,212 $ 15,614 $ 16,023 $ 385,844
County Operating 5.5637 $ 19,194 $ 19,721 $ 20,260 $ 20,808 $ 21,368 $ 21,939 $ 22,522 $ 23,116 $ 23,722 $ 575,885
County Museum 0.3221 $ 1,111 $ 1,142 $ 1,173 $ 1,205 $ 1,237 $ 1,270 $ 1,304 $ 1,338 $ 1,373 $ 35,390
County Veterans 0.0752 $ 259 $ 267 $ 274 $ 281 $ 289 $ 297 $ 304 $ 312 $ 321 $ 7,099
Senior Citizen Services 0.3000 $ 1,035 $ 1,063 $ 1,092 $ 1,122 $ 1,152 $ 1,183 $ 1,214 $ 1,246 $ 1,279 $ 32,503
Community College 2.2037 $ 7,602 $ 7,811 $ 8,025 $ 8,242 $ 8,464 $ 8,690 $ 8,921 $ 9,156 $ 9,396 $ 226,290
City Operating 9.5865 $ 33,072 $ 33,981 $ 34,908 $ 35,854 $ 36,819 $ 37,803 $ 38,806 $ 39,830 $ 40,874 $ 1,017,719
City Sanitation 2.5000 $ 8,625 $ 8,862 $ 9,103 $ 9,350 $ 9,602 $ 9,858 $ 10,120 $ 10,387 $ 10,659 $ 249,625
Hackley Library 2.4000 $ 8,280 $ 8,507 $ 8,739 $ 8,976 $ 9,218 $ 9,464 $ 9,715 $ 9,972 $ 10,233 $ 246,372
Central Dispatch 0.3000 $ 1,035 $ 1,063 $ 1,092 $ 1,122 $ 1,152 $ 1,183 $ 1,214 $ 1,246 $ 1,279 $ 29,302
Local Total 27.0092 $ 93,177 $ 95,739 $ 98,351 $ 101,016 $ 103,733 $ 106,506 $ 109,333 $ 112,218 $ 115,160 $ 2,806,031
Non-Capturable Millages Millage Rate 2034 2035 2036 2037 2038 2039 2040 2041 2042
Community College Debt 0.2700 $ 1,280 $ 1,306 $ 1,332 $ 1,358 $ 1,386 $ 1,413 $ 1,442 $ 1,470 $ 1,500 $ 33,134
Hackley Library Debt 0.4999 $ 2,370 $ 2,418 $ 2,466 $ 2,515 $ 2,566 $ 2,617 $ 2,669 $ 2,723 $ 2,777 $ 55,077
MPS Debt 7.7500 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Non-Capturable Total 8.5199 $ 3,650 $ 3,723 $ 3,798 $ 3,874 $ 3,951 $ 4,030 $ 4,111 $ 4,193 $ 4,277 $ 88,211
$ 179,624 $ 184,534 $ 189,542 $ 194,650 $ 199,861 $ 205,176 $ 210,596 $ 216,126 $ 221,766
Total Tax Increment Revenue (TIR) Available for Capture $ 134,576 $ 138,275 $ 142,048 $ 145,896 $ 149,822 $ 153,826 $ 157,910 $ 162,075 $ 166,324 $ 3,979,474
NOTES:
12/2/2025
Page 105 of 434
Table 3 – Estimated Reimbursement Schedule
Act 381 Brownfield Plan
221 W Webster, LLC
221 W Webster Street
Muskegon, MI
Developer
School & Local
Maximum Proportionality Local-Only Taxes Total
Taxes
Reimbursement Estimated Capture
State 45.0% $ 2,040,010 $ - $ 2,040,010 Estimated Total Administrative Fees $ 340,000
Local 55.0% $ 1,233,015 $ 836,005 $ 2,069,020 Years of Plan: State Brownfield Redevelopment Fund $ 306,876
TOTAL Local Brownfield Revolving Fund $ 778,567
Local-Only 57.1% $ 836,005 $ 836,005
Pre-Approved 42.9% $ 628,305 $ - $ 628,305
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032
Total State Incremental Revenue $ - $ 5,562 $ 32,696 $ 62,373 $ 67,835 $ 54,013 $ 53,689 $ 54,681 $ 54,691 $ 55,845 $ 56,567 $ 58,316 $ 59,314 $ 59,586 $ 60,984 $ 67,509 $ 62,354 $ 64,221 $ 66,125 $ 68,067 $ 70,048 $ 72,069 $ 74,131 $ 76,233 $ 78,378
State Brownfield Redevelopment Fund (50% of SET) $ - $ - $ 4,622 $ 8,852 $ 9,832 $ 8,032 $ 7,802 $ 7,898 $ 7,871 $ 8,073 $ 8,048 $ 8,246 $ 8,313 $ 8,398 $ 8,677 $ 9,312 $ 7,794 $ 8,028 $ 8,266 $ 8,508 $ 8,756 $ 9,009 $ 9,266 $ 9,529 $ 9,797
State TIR Available for Reimbursement $ - $ 5,562 $ 28,075 $ 53,522 $ 58,003 $ 45,981 $ 45,888 $ 46,784 $ 46,820 $ 47,773 $ 48,519 $ 50,070 $ 51,002 $ 51,189 $ 52,307 $ 58,197 $ 54,559 $ 56,193 $ 57,859 $ 59,559 $ 61,292 $ 63,061 $ 64,864 $ 66,704 $ 68,580
Total Local Incremental Revenue $ - $ 10,355 $ 41,787 $ 80,056 $ 88,930 $ 72,671 $ 73,085 $ 73,932 $ 74,373 $ 76,281 $ 76,044 $ 77,907 $ 78,488 $ 78,721 $ 80,411 $ 86,270 $ 70,172 $ 72,273 $ 74,416 $ 76,602 $ 78,831 $ 81,106 $ 83,425 $ 85,791 $ 88,205
BRA Administrative Fee ($10,000 per anum) $ - $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000
Local TIR Available for Reimbursement $ - $ 355 $ 31,787 $ 70,056 $ 78,930 $ 62,671 $ 63,085 $ 63,932 $ 64,373 $ 66,281 $ 66,044 $ 67,907 $ 68,488 $ 68,721 $ 70,411 $ 76,270 $ 60,172 $ 62,273 $ 64,416 $ 66,602 $ 68,831 $ 71,106 $ 73,425 $ 75,791 $ 78,205
Total State & Local TIR Available $ - $ 5,917 $ 59,862 $ 123,578 $ 136,933 $ 108,652 $ 108,973 $ 110,716 $ 111,193 $ 114,054 $ 114,563 $ 117,977 $ 119,490 $ 119,910 $ 122,718 $ 134,467 $ 114,731 $ 118,466 $ 122,275 $ 126,161 $ 130,124 $ 134,166 $ 138,290 $ 142,495 $ 146,785
Beginning
DEVELOPER Balance
Reimbursement Balance $ 1,464,310 $ 1,464,310 $ 1,553,573 $ 1,600,881 $ 1,588,326 $ 1,561,851 $ 1,511,730 $ 1,457,716 $ 1,399,945 $ 1,339,603 $ 1,274,215 $ 1,205,953 $ 1,131,805 $ 1,053,463 $ 971,864 $ 884,502 $ 782,231 $ 696,004 $ 613,764 $ 523,988 $ 425,652 $ 318,202 $ 201,080 $ 73,697 $ (64,568) $ (214,371)
MSHDA Costs
State Tax Reimbursement $ -
Local Tax Reimbursement $ -
Total MSHDA Reimbursement Balance
Pre-Approved Activities (EGLE/MEDC) $ 628,305 $ 628,305 $ 628,305 $ 622,566 $ 578,598 $ 490,048 $ 392,580 $ 315,264 $ 237,834 $ 159,084 $ - $ - $ (81,541) $ (165,565) $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
State Tax Reimbursement $ 2,040,010 $ - $ 5,562 $ 28,075 $ 53,522 $ 58,003 $ 45,981 $ 45,888 $ 46,784 $ 46,820 $ 47,773 $ 48,519 $ 50,070 $ 51,002 $ 51,189 $ 52,307 $ 58,197 $ 54,559 $ 56,193 $ 57,859 $ 59,559 $ 61,292 $ 63,061 $ 64,864 $ 66,704 $ 68,580
Local Tax Reimbursement $ 1,233,015 $ - $ 178 $ 15,894 $ 35,028 $ 39,465 $ 31,336 $ 31,543 $ 31,966 $ 32,187 $ 33,141 $ 33,022 $ 33,954 $ 34,244 $ 34,361 $ 35,206 $ 38,135 $ 30,086 $ 31,136 $ 32,208 $ 33,301 $ 34,416 $ 35,553 $ 36,713 $ 37,896 $ 39,102
Total Pre-Approved Reimbursement Balance $ 628,305 $ 622,566 $ 578,598 $ 490,048 $ 392,580 $ 315,264 $ 237,834 $ 159,084 $ (81,541) $ (165,565)
MEDC Non-Environmental Costs
State Tax Reimbursement
Local Tax Reimbursement
Total MEDC Reimbursement Balance
Local-Only Costs $ 836,005 $ 836,005 $ 836,005 $ 835,828 $ 819,934 $ 784,906 $ 745,441 $ 714,106 $ 682,563 $ 650,597 $ 618,411 $ 585,270 $ 552,248 $ 518,295 $ 484,051 $ 449,690 $ 414,485 $ 376,350 $ 346,264 $ 315,127 $ 282,919 $ 249,619 $ 215,203 $ 179,650 $ 142,937 $ 105,042
Local Tax Reimbursement $ 1,233,015 $ - $ 178 $ 15,894 $ 35,028 $ 39,465 $ 31,336 $ 31,543 $ 31,966 $ 32,187 $ 33,141 $ 33,022 $ 33,954 $ 34,244 $ 34,361 $ 35,206 $ 38,135 $ 30,086 $ 31,136 $ 32,208 $ 33,301 $ 34,416 $ 35,553 $ 36,713 $ 37,896 $ 39,102
Total Local-Only Reimbursement Balance $ 836,005 $ 835,828 $ 819,934 $ 784,906 $ 745,441 $ 714,106 $ 682,563 $ 650,597 $ 618,411 $ 585,270 $ 552,248 $ 518,295 $ 484,051 $ 449,690 $ 414,485 $ 376,350 $ 346,264 $ 315,127 $ 282,919 $ 249,619 $ 215,203 $ 179,650 $ 142,937 $ 105,042 $ 65,939
Simple Interest Expense $ 1,464,310 $ 1,553,573 $ 1,600,881 $ 1,588,326 $ 1,561,851 $ 1,511,730 $ 1,457,716 $ 1,399,945 $ 1,339,603 $ 1,274,215 $ 1,205,953 $ 1,131,805 $ 1,053,463 $ 971,864 $ 884,502 $ 782,231 $ 696,004 $ 613,764 $ 523,988 $ 425,652 $ 318,202 $ 201,080 $ 73,697 $ (64,568) $ (214,371)
Annual Interest Incurred @ 6.5% $ - $ 95,180 $ 107,169 $ 111,023 $ 110,458 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Annual Interest Incurred @ 3.5% $ - $ - $ - $ - $ - $ 58,531 $ 54,959 $ 52,944 $ 50,851 $ 48,666 $ 46,301 $ 43,829 $ 41,147 $ 38,311 $ 35,356 $ 32,195 $ 28,505 $ - $ - $ - $ - $ - $ - $ - $ -
Annual Interest Incurred @ 5.0% $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 36,225 $ 32,499 $ 27,824 $ 22,674 $ 17,044 $ 10,906 $ 4,230 $ (3,017)
Local Tax Reimbursement
Total Interest Reimbursement Balance $ 1,464,310 $ 1,648,753 $ 1,708,050 $ 1,699,350 $ 1,672,309 $ 1,570,261 $ 1,512,676 $ 1,452,888 $ 1,390,454 $ 1,322,881 $ 1,252,254 $ 1,175,634 $ 1,094,610 $ 1,010,176 $ 919,859 $ 814,426 $ 724,509 $ 649,989 $ 556,488 $ 453,477 $ 340,876 $ 218,124 $ 84,603 $ (60,338) $ (217,387)
Total Annual Developer Reimbursement $ - $ 5,917 $ 59,862 $ 123,578 $ 136,933 $ 108,652 $ 108,973 $ 110,716 $ 111,193 $ 114,054 $ 114,563 $ 117,977 $ 119,490 $ 119,910 $ 122,718 $ 134,467 $ 114,731 $ 118,466 $ 122,275 $ 126,161 $ 130,124 $ 134,166 $ 138,290 $ 142,495 $ 146,785
LOCAL BROWNFIELD REVOLVING FUND
LBRF Deposits * $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
State Tax Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Local Tax Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 82,157 $ 146,785
Total LBRF Capture $ 778,567 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
* Up to five years of capture for LBRF Deposits after eligible activities are reimbursed. May be taken from state and local TIR.
12/2/2025
Page 106 of 434
Table 3 – Estimated Reimbursement Schedule
Act 381 Brownfield Plan
221 W Webster, LLC
221 W Webster Street
Muskegon, MI
26 27 28 29 30 31 32 33 34 35
2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 TOTAL
Total State Incremental Revenue $ 80,565 $ 82,796 $ 85,072 $ 87,393 $ 89,761 $ 92,176 $ 94,640 $ 97,152 $ 99,715 $ 102,329 $ 2,346,886
State Brownfield Redevelopment Fund (50% of SET)
$ 10,071 $ 10,350 $ 10,634 $ 10,924 $ 11,220 $ 11,522 $ 11,830 $ 12,144 $ 12,464 $ 12,791 $ 306,876
State TIR Available for Reimbursement $ 70,494 $ 72,447 $ 74,438 $ 76,469 $ 78,541 $ 80,654 $ 82,810 $ 85,008 $ 87,251 $ 89,538 $ 2,040,010
Total Local Incremental Revenue $ 90,667 $ 93,177 $ 95,739 $ 98,351 $ 101,016 $ 103,733 $ 106,506 $ 109,333 $ 112,218 $ 115,160 $ 2,806,031
BRA Administrative Fee ($10,000 per anum) $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 340,000
Local TIR Available for Reimbursement $ 80,667 $ 83,177 $ 85,739 $ 88,351 $ 91,016 $ 93,733 $ 96,506 $ 99,333 $ 102,218 $ 105,160 $ 2,466,031
Total State & Local TIR Available $ 151,161 $ 155,624 $ 160,177 $ 164,820 $ 169,556 $ 174,388 $ 179,315 $ 184,342 $ 189,468 $ 194,698 $ 4,506,041
DEVELOPER
Reimbursement Balance $ (376,401) $ (551,388) $ (740,103) $ (943,355) $ (1,162,001) $ (1,396,943) $ (1,649,133) $ (1,919,575) $ (2,209,327) $ (2,519,505) $ -
MSHDA Costs
State Tax Reimbursement
Local Tax Reimbursement
Total MSHDA Reimbursement Balance
Pre-Approved Activities (EGLE/MEDC) $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
State Tax Reimbursement $ 70,494 $ 72,447 $ 74,438 $ 76,469 $ 78,541 $ 80,654 $ 82,810 $ 85,008 $ 87,251 $ 89,538 $ 2,040,010
Local Tax Reimbursement $ 40,333 $ 41,589 $ 42,869 $ 44,175 $ 45,508 $ 46,867 $ 48,253 $ 49,667 $ 51,109 $ 52,580 $ 1,233,015
Total Pre-Approved Reimbursement Balance
MEDC Non-Environmental Costs
State Tax Reimbursement
Local Tax Reimbursement
Total MEDC Reimbursement Balance
Local-Only Costs $ 65,939 $ 25,606 $ (15,983) $ (58,852) $ (103,027) $ (148,535) $ (195,402) $ (243,655) $ (293,322) $ (344,430) $ -
Local Tax Reimbursement $ 40,333 $ 41,589 $ 42,869 $ 44,175 $ 45,508 $ 46,867 $ 48,253 $ 49,667 $ 51,109 $ 52,580 $ 1,233,015
Total Local-Only Reimbursement Balance $ 25,606 $ (15,983) $ (58,852) $ (103,027) $ (148,535) $ (195,402) $ (243,655) $ (293,322) $ (344,430) $ (397,010) $ 1,233,015
Simple Interest Expense $ (376,401) $ (551,388) $ (740,103) $ (943,355) $ (1,162,001) $ (1,396,943) $ (1,649,133) $ (1,919,575) $ (2,209,327) $ (2,519,505)
Annual Interest Incurred @ 6.5% $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 423,830
Annual Interest Incurred @ 3.5% $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 531,595
Annual Interest Incurred @ 5.0% $ (10,869) $ (19,364) $ (28,538) $ (38,432) $ (49,089) $ (60,554) $ (72,875) $ (86,100) $ (100,284) $ (115,481) $ 119,223
Local Tax Reimbursement $ -
Total Interest Reimbursement Balance $ (387,270) $ (570,752) $ (768,640) $ (981,787) $ (1,211,090) $ (1,457,497) $ (1,722,008) $ (2,005,675) $ (2,309,611) $ (2,634,986) $ -
Total Annual Developer Reimbursement $ 151,161 $ 155,624 $ 160,177 $ 164,820 $ 169,556 $ 174,388 $ 179,315 $ 184,342 $ 189,468 $ 194,698 $ 4,506,041
LOCAL BROWNFIELD REVOLVING FUND
LBRF Deposits * $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 778,567
State Tax Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Local Tax Capture $ 151,161 $ 155,624 $ 160,177 $ 82,663 $ - $ - $ - $ - $ - $ - $ 778,567
Total LBRF Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
* Up to five years of capture for LBRF Deposits after eligible activities are reimbursed. May be taken from state and local TIR.
12/2/2025
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 9, 2025 Title: Approval of Minutes
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
To approve minutes of the November 25, 2025, City Commission Meeting.
Detailed Summary & Background:
Goal/Action Item:
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review
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CITY OF MUSKEGON
CITY COMMISSION MEETING
November 25, 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, November 25,
2025. Pastor E.J. Wood from All Shores Wesleyan Church, opened the meeting
with prayer, after which the Commission and public recited the Pledge of
Allegiance to the Flag.
ROLL CALL
Present: Mayor Ken Johnson, Vice Mayor Rebecca St. Clair, Commissioners
Rachel Gorman, Katrina Kochin, Jay Kilgo, and Willie German, Jr., City Manager
Jonathan Seyferth, City Attorney John Schrier, and City Clerk Ann Marie Meisch
Absent: Commissioner Destinee Keener
2025-91 HONORS, AWARDS, AND PRESENTATIONS
A. Citizen Life Savings Award Fire
On October 5, 2025, at approx. 2:17 p.m., a swimmer in distress was observed
at Pere Marquette Park. Before fire rescue personnel arrived, Matthew Verplank
and Nate Witney were on a personal watercraft and noticed a woman
struggling to keep afloat amid the high waves of Lake Michigan. One rider
jumped from the safety of his watercraft and swam to the woman just before
she went underwater. The other watercraft assisted both subjects to shore; both
were extremely fatigued by the time firefighters arrived and assisted them to
shore. A tragedy was averted that day by two citizens who were willing to help
a stranger. Battalion Chief Keith McMillan presented Matthew Verplank and
Nate Witney with resolutions and thanked them for everything they did.
B. Recognition of Lt. Pastoor - Firefighter of the Year Public Safety
Lt. Samantha Pastoor has been recognized as the Firefighter of the Year for
2024 by the Michigan American Legion for her outstanding dedication, bravery
and service to the community. Chief Tim Kozal and Deputy Director Jay
Paulson presented Lt. Samantha Pastoor with a resolution recognizing her for
this great achievement.
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2025-92 PUBLIC HEARINGS
A. Neighborhood Enterprise Zone Certificates - 438 E Isabella Ave. and 444
E Isabella Ave. Economic Development
Staff is requesting the approval of Neighborhood Enterprise Zone (NEZ)
certificates for 15 years for a new construction home at 438 E. Isabella Ave. and
444 E. Isabella Ave.
Robert Muusse Builders LLC has submitted two applications for Neighborhood
Enterprise Zone (NEZ) certificates for the construction of single-family homes at
438 E. Isabella Avenue and 444 E. Isabella Avenue. The proposed sale prices
are $199,000 each for 438 E. Isabella and 444 E. Isabella. The applicant has met
all local and state requirements for the issuance of NEZ certificates. The
Neighborhood Enterprise Zone Act provides for the development and
rehabilitation of residential housing located within eligible distressed
communities. Approval of these applications would grant the future property
owners a tax abatement that reduces their property taxes by approximately
50% for up to 15 years.
STAFF RECOMMENDATION: I move to close the public hearing and approve
Neighborhood Enterprise Zone (NEZ) certificates for 15 years at 438 E. Isabella
Ave. and 444 E. Isabella Ave. and authorize the City Clerk and Mayor to sign
the applications and resolutions.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Commissioner Kochin, second by Vice Mayor St.Clair, to close the
public hearing and approve the Neighborhood Enterprise Zone (NEZ)
certificates for 15 years at 438 E. Isabella Ave. and 444 E. Isabella Ave. and
authorize the City Clerk and Mayor to sign the applications and resolutions.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, German, and Gorman
Nays: None
MOTION PASSES
FEDERAL/STATE/COUNTY OFFICIALS UPDATE
Muskegon County Commissioner Jessica Cook read a resolution of support that
the County Commission passed unanimously at their November 18th meeting
for connecting the community to the water, ports, and parks property.
PUBLIC COMMENT ON AGENDA ITEMS
Public comments received.
2025-93 CONSENT AGENDA
A. Approval of Minutes City Clerk
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To approve minutes of the November 10, 2025, Worksession/Commission
Meeting.
STAFF RECOMMENDATION: Approval of the minutes.
C. Fleet Vehicle Replacement - Plow Trucks Public Works
Staff is requesting approval to purchase two replacement plow trucks for the
City’s equipment fleet. These new vehicles will replace existing plow trucks that
are nearly 25 years old. The cab and chassis for each truck will be purchased
from West Michigan International through the Sourcewell contract for
$117,632.82 per unit. The plow truck components, including the dump box,
underbody scraper blade, and salt box, will be built and installed by Viking-
Cives under the Sourcewell contract for $139,952.69 per unit. Sourcewell is a
purchasing collective that publicly bids items to offer the best value to member
organizations, and its public bid process satisfies the City's purchasing policy
requirements.
Quantity Price Total
Cab and chassis 2 $117,632.82 $235,265.64
Dump box, underbody 2 $139,952.69 $279,905.38
scraper blade, and salt
spreader
Total $515,171.02
The total cost of $515,171.02 is a budgeted expense from the Equipment
Fund. Delivery timelines for fully assembled plow trucks have recently
exceeded one year. It is likely the purchases of the cab and chassis
($235,265.64) will occur this FY (2025-26), but the installation of the dump
box, underbody scraper blade, and salt spreader ($279,905.38) will be next
FY (2026-27).
STAFF RECOMMENDATION: I move to authorize staff to purchase two new plow
trucks through West Michigan International and Viking-Cives for $515,171.02.
D. Fleet Vehicle Replacement - Water Dept. Construction Truck Public
Works
Staff is requesting approval to purchase a replacement construction truck for
the Water Department from Gorno Ford at a cost of $72,838. Construction
trucks are used by the Water and Sewer Department to transport staff and
equipment to job sites, as well as to carry the tools and supplies needed to
install, repair, and replace water and sewer infrastructure throughout the City.
The truck being replaced is from the early 2000s.
Updating this vehicle will provide more reliable transportation for our staff and
reduce emissions produced by the City's fleet. The truck will be purchased from
Gorno Ford, a MiDEAL partner. MiDEAL is a state-negotiated purchasing
program that allows local governments to purchase vehicles and equipment at
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a discounted rate without conducting their own bidding process. This purchase
is a budgeted expense from the Equipment Fund.
STAFF RECOMMENDATION: I move to authorize staff to purchase a construction
truck from Gorno Ford for $72,838.
E. Zoning Ordinance Amendment - Permitted Yard
Encroachments Planning
Staff-initiated request to amend Section 2307 of the zoning ordinance to modify
the permitted yard encroachment criteria.
This amendment is to clarify some information found in Section 2307 (permitted
yard encroachments) of the zoning ordinance. The amendment will clean up
some language regarding porches that encroach on the front setback
requirement and will also allow steps on a porch to encroach a little further
than currently allowed. This amendment will also eliminate #4 in the section
that describes regulations for subdivisions that were 90% developed prior to
1940. Zoning reform has replaced the need for these requirements.
The Planning Commission unanimously recommended approval of the request
at their November 13 meeting.
STAFF RECOMMENDATION: I move the request to amend Section 2307 of the
zoning ordinance to modify the permitted yard encroachment criteria be
approved.
(REQUIRES SECOND READING)
F. Zoning Ordinance Amendment - Residential Design Criteria Planning
Staff-initiated request to amend Section 2319 of the zoning ordinance to modify
the residential design criteria.
These minor amendments are to address some incorrect information in the
zoning ordinance that was created when zoning reform was approved. These
changes would also require a house to have a door at the front of the house,
which is not required as of now. The numbering of the design requirements has
also been updated.
The Planning Commission unanimously recommended approval of the request
at their November 13 meeting.
STAFF RECOMMENDATION: I move the request to amend Section 2319 of the
zoning ordinance to modify the residential design criteria be approved.
(REQUIRES SECOND READING)
I. OpenGov Asset Management (Cartegraph) for the Highway
Department Public Works
Staff requests approval to enter into a contract modification with OpenGov for
Asset Management and Work Order Software in the total amount of
$173,477.74 over a three-year contract.
Cartegraph, a division of OpenGov (a government software services
company), is an asset management software designed for public works. It
tracks asset condition and maintenance practices and uses department
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priorities and AI to recommend new maintenance tasks, replacement
schedules and other valuable information. It also has the important benefit of
including a work order management system that will allow for electronic work
order management, improving efficiency at DPW, providing better tools for
supervision of labor, equipment and materials, and increasing the data
available for reporting and decisions.
In November of 2023, the City's Water & Sewer Department began the
transition to Cartegraph, and as of about six months ago (after delays due to
the BS&A cloud conversion), is fully utilizing the software for their daily
operations. During that time the Water Filtration Plant also implemented
Cartegraph, and the Equipment department is also working to prepare the
system for their needs. As the SeeClickFix citizen reporting tool came online, we
integrated it with Cartegraph to allow citizen requests to flow directly into work
tasks in the Cartegraph system. These experiences have been positive. The
workflows, asset management capabilities, reporting and financial tracking are
helping DPW's operations move into the modern era. When fully realized and
implemented, the software will allow the department to do more with less,
track material and equipment costs much more accurately, and more clearly
and easily report how dollars are being spent. To continue this transition, staff
looked at how various departments work together and determined that the
Highway Department (in charge of the City's streets and drainage as their main
tasks) would be the best area to next bring on to the software.
In order to have the tools needed for Highway to use the software, additional
"modules" are needed. This includes the Transportation, Stormwater and
Walkability (sidewalks and forestry) domains. The first year of this contract
modification is higher than the annual costs to allow Cartegraph staff to help
DPW implement the software and develop customizations that will assist our
operations. Attachments include the fees by year and the scope of work
document which defines the implementation services. This will be a
modification to our existing contract with OpenGov to provide Cartegraph to
our other departments. The Streets funds (202 and 203) will be paying these
costs. While the implementation schedule was not known at the time of
budgeting, these costs are well within the capability of the funds and a budget
amendment will be prepared for an upcoming reforecast. Additional device
costs are necessary to make the system function, including approximately
$20,000 for in-vehicle computer systems in the highway department
trucks. These additional costs will be made following the purchasing policy and
will be brought to the Commission, if applicable, in the future.
STAFF RECOMMENDATION: Move to approve staff to enter into a contract
modification with OpenGov for Asset Management and Work Order Software
in the total amount of $173,477.74 over a three-year contract.
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Motion by Commissioner Kilgo, second by Commissioner Kochin, to approve
the Consent Agenda as presented minus Items B, G, H, and J.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, and Kilgo
Nays: None
MOTION PASSES
2025-94 ITEMS REMOVED FROM THE CONSENT AGENDA
B. Cost of Living Adjustment-Non Union Employees Finance
At the end of the calendar year management recommends an adjust to non-
union wages. Management recommends a 3% COLA that is consistent with U.S
Bureau of Labor Statics data thru September 2025.
Overall, with the 3% increase, it looks like the NU group is projecting a decrease
of around $270K from budgeted figures, specifically $150K from the GF. Every
fund affected is included in the summary, but the increases are less than $20K,
of which many impact the street funds.
This decrease is most likely from a combination of a few items:
1. Budgeted numbers are finalized at the end of April, but staff currently
employed by the end of March/ early April are assumed to continue
employment. Just considering GF, we had three individuals either retire or
resign prior to the end of FY 24-25, and were replaced sometime in early
FY 25-26. The staff who replaced these members began at lower wages
and lower fringe rates.
2. We had already considered a 2.3% increase in wages, due to projected
inflation, so the additional 0.7% isn’t all too much more
3. With the increase in opt-out rates, we are seeing that more new hires are
choosing to go onto their spouse/ partner’s insurance.
Motion by Commissioner German, second by Commissioner Kochin, to
approve the 3.0% wage increase for non-union employees effective January 1,
2026.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, and Kilgo
Nays: None
MOTION PASSES
G. Contract Award - Building Inspection Services Public Safety
Staff recommends awarding the contract for Building Inspection Services to
SAFEbuilt. SAFEbuilt is the City’s current provider and has demonstrated strong
performance, comprehensive service capability, and reliable responsiveness.
After reviewing the three proposals received, staff determined that SAFEbuilt is
the most qualified firm to continue providing these services.
SAFEbuilt has provided building inspection services for the City of Muskegon
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since 2012. Over the past thirteen years, they have delivered professional,
reliable, and timely inspection services for projects of all sizes, handled
dangerous buildings, and the City’s rental program. Their team has developed
a strong working relationship with City staff, local contractors, and developers;
and has maintained a clear understanding of the City’s permitting processes,
service expectations, and community development goals.
In 2024, the City extended SAFEbuilt’s contract for one year, with the current
agreement set to expire on December 31, 2025. As part of the City’s standard
procurement process, staff solicited proposals for continued building inspection
services. Three proposals were received and evaluated based on
qualifications, experience, scope of services, and ability to meet the City’s
inspection and customer service needs.
After a thorough review, staff determined that SAFEbuilt remains the most
qualified provider. Their long-term performance, institutional knowledge, and
demonstrated capacity to support Muskegon’s continued growth make them
the strongest choice for ongoing service delivery.
STAFF RECOMMENDATION: I move to award SAFEbuilt the Building Inspections
Services Contract.
Motion by Commissioner German, second by Commissioner Kilgo, to award
SAFEbuilt the Building Inspections Services Contract.
ROLL VOTE: Ayes: Gorman, Kilgo, and German
Nays: Kochin
Abstain: St.Clair and Johnson
MOTION DOES NOT CARRY
This will be discussed further at the Legislative Policy Committee Meeting on
Monday, December 1st.
H. Amendment to Froebel Purchase Agreement Economic Development
Samaritas is requesting an extension on closing on the former Froebel School
building for the Froebel Place Apartments project. They are also requesting to
split the lot and have the City retain the large vacant area on Jackson.
With the changes to the scoring system for LIHTC that has been codified this
year by the Michigan Statewide Housing Development Authority, there are 3-5
additional points available for a project in the event the parcel has been
subject to a Request for Proposals to seek redevelopment by the community in
the preceding 24 months. In the event that Samaritas closed on the whole
property now, that would not be the case and would make any future
application for a new construction phase at Froebel non-competitive.
Therefore, staff and Samaritas have prepared the addendum to the original
purchase agreement which provides an updated legal description reflecting
the lot split, and also extends the closing deadline to better align with the State
Land Bank Blight Elimination Grant requirements.
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STAFF RECOMMENDATION: Motion to approve the addendum as presented,
and to authorize the City Manager to sign.
Motion by Commissioner Kilgo, second by Commissioner Kochin, to approve
the addendum as presented, and to authorize the City Manager to sign.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, German, and Gorman
Nays: None
MOTION PASSES
J. School Resource Officer Contract Public Safety
Approve annual School Resource Officer (SRO) contract with Muskegon High
and Muskegon Middle School.
Muskegon Middle School is to pay the City of Muskegon $60,437.00 per year for
one officer.
Muskegon High School is to pay the City of Muskegon $32,049.55 per year for
one officer.
STAFF RECOMMENDATION: Please approve both contracts.
Motion by Commissioner German, second by Commissioner Kilgo, to approve
the annual School Resource Officer contract with Muskegon High and
Muskegon Middle School.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, German, Gorman, and Kochin
Nays: None
MOTION PASSES
2025-95 NEW BUSINESS
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish 1763 McIlwraith St, 1853 Sanford St, 275 Dratz St. Public Safety
The Housing Board of Appeals is requesting that the City Commission concur
with their findings that the three properties 1763 McIlwraith St., 1853 Sanford St.,
and 275 Dratz St. are unsafe, substandard, a public nuisance and that these
properties be demolished.
STAFF RECOMMENDATION: I move to concur with the Housing Board of Appeals
decision to demolish properties at 1763 McIlwraith St., 1853 Sanford St., and 275
Dratz St.
No property owners or representatives were present at the meeting.
Motion by Commissioner Kilgo, second by Vice Mayor St.Clair, to concur with
the Housing Board of Appeals decision to demolish properties at 1763
McIlwraith St., 1853 Sanford St., and 275 Dratz St.
ROLL VOTE: Ayes: Johnson, Kilgo, German, Gorman, Kochin, and St.Clair
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Nays: None
MOTION PASSES
B. Fisherman's Landing/Third Street Wharf Lake Front
Development Manager's Office
For nearly a year, and at the direction of the City Commission, the City
Manager and legal counsel have been working with Mart Dock on the
potential transition of Fisherman’s Landing Campground into a commercial
port.
In September, staff presented a draft of the development agreement. At that
time, several exhibits were still incomplete. Following feedback from the
commission and the public, the development agreement, including exhibits,
has been finalized.
Key points include:
• The City would lease Fisherman’s Landing to Mart Dock for 50 years, with
an optional 40-year renewal. Mart Dock would also have the option to
purchase the site after 2028. The lease would begin March 15, 2026.
• The campground will remain in operation until the City closes
on/acquires the conversion property (Verplank acreage).
• The City would purchase 2.5 acres of the Third Street Wharf property,
using a portion of the $2.8 million state appropriation to cover costs.
• The City would agree to riparian restrictions at Third Street Wharf to
safeguard docking (cruise ships) and launching activities.
• The Mart Dock has agreed to keep the shoreline on the north side of the
campground "soft" up to 25 feet beyond the ordinary highwater mark.
There will not be public access in this area.
• The development agreement notes that Mart Dock would be responsible
for the cost of moving the picnic pavilion at Fisherman's Landing.
• Revenue sharing is outlined in the agreement.
Funding:
• The City will sponsor or co-sponsor with Mart Dock grants for port
infrastructure at Fisherman’s Landing (most likely Port Infrastructure
Development grants).
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• The City would be compensated for the Fisherman’s Landing property in
a pre-paid lease (same value as a property sale) and use those funds to
acquire the Verplank property (with additional funding required to
complete the purchase, the funding gap will be in the six-figure range).
• The cost to rehab Verplank is still unknown. Staff is working with the Great
Lakes and St. Lawrence Seaway Cities Initiative to develop plans for the
next steps in the redevelopment of the Verplank properties into a park.
(Including a list of unknowns, possible avenues forward for grants, and
planning options.) We anticipate securing grants for the river estuary
restoration.
• The $2.8 million state enhancement grant (of which the City already
holds one-quarter) would support:
o Acquisition and improvements to the City-acquired Third Street
property
o A minimum of 50%—or $1 million, whichever is greater—for sewer
relocation and preservation of the LST and Silversides.
• If Mart Dock/the City secures a Port Infrastructure Development Grant
and operations begin at Fisherman’s Landing, Mart Dock must cease
operations at Mart Dock Proper within five years (extendable one year at
a time at the City Manager’s discretion).
• A deed restriction would be placed on the Mart Dock Parcel, requiring
commission approval to amend or remove. This restriction runs with the
land and applies to current and future owners.
o Prohibited uses: All port operations, including cargo handling,
container storage, freight loading/unloading, and related logistics
o Permitted uses:
▪ Cruise ship operations and related activities
▪ Boat storage, service, and repair (current allowable use
under zoning via Special Land Use)
▪ Marinas (by-right use under current zoning)
• Mart Dock Proper would be rezoned to Waterfront Industrial PUD (zoning
ordinance attached), with final approval to occur alongside the
agreement. (2 (e))
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• Fisherman’s Landing would also be rezoned to Waterfront Industrial PUD
at the same time. This is not explicitly stated in the agreement because,
as property owner, the City has sole authority to initiate the rezoning.
This summary highlights the main elements of the agreement. Staff will present
additional details at Tuesday night’s Commission Meeting focusing on what's
changed since the last presentation, providing context and connecting this
draft to the earlier public engagement presentations.
Public Engagement:
In Person:
• Muskegon Lake Watershed Partnership, January 7, 2025
• Muskegon Rotary, West Michigan Port Operators, January 9, 2025
(available on YouTube for viewing)
• Parks & Recreation Advisory Committee, February 15, 2025
• Public Information Session #1 - Sim Ray Community Building at Smith
Ryerson, January 27, 2025
• Public Information Session #2 - Public Works Building, February 4, 2025
• Neighborhood Associations of Muskegon, February 5, 2025
• Public Information Session #3 - The HUB, February 17, 2025
• Muskegon Chamber Governmental Affairs Meeting, March 4, 2025
• Commission Worksession, September 8, 2025
• Public Q&A Session at Muskegon High School, October 21, 2025
(available online for viewing)
• Muskegon Rotary Presentation, November 6, 2026 (available on YouTube
for viewing)
(more than 18 hours of large-scale public engagement. This does not include
Neighborhood Association Meetings attended where Ports & Parks have been a
topic of discussion.)
Digital:
• Social media Q&A (taken from engagement questions/online/written
feedback)
• Connect Muskegon Page
o All documents available on Connect Muskegon
o The public can provide feedback
o The public can sign up for updates when documents
change/information changes on the page (641 subscribers to Ports
& Parks (86 only for Ports & Parks, 555 for all city projects on
Connect Muskegon))
o Summaries of public meetings can be viewed
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o Copies of feedback received can be viewed
o Digital presentations (same presentations as given in the public
information sessions)
Print:
• Covered in our Fall/Winter 2025 newsletter
STAFF RECOMMENDATION: none - discussion only.
City Manager Jonathan Seyferth gave a presentation and much discussion
ensued. This will be discussed further at the December 9, 2025, City Commission
Meeting.
ANY OTHER BUSINESS
The Commission wished everyone a Happy Thanksgiving.
Mayor Johnson stated the Community Holiday Tree lighting is Saturday,
November 29th, at 6:00 p.m., at Hackley Park.
GENERAL PUBLIC COMMENT
Public comments received.
ADJOURNMENT
The City Commission meeting adjourned at 11:22 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 9, 2025 Title: PA 198 Industrial Facilities Exemption — 2034
Latimer Drive
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
Pursuant to Public Act 198 of 1974, as amended, Johnson Technology, INC has requested the
issuance of an Industrial Facilities Exemption Certificate for their property located at 2034 Latimer
Drive.
Detailed Summary & Background:
Johnson Technology, Inc., a subsidiary of GE Aerospace, has submitted an application for an
Industrial Facilities Exemption (IFT) certificate for real property improvements at 2034 Latimer Drive.
The company is proposing a 20,000 sq. ft. addition with a total investment of $9,078,845. This addition
will expand shipping and receiving facilities and add manufacturing floor space to support
increasing production demands.
If approved, the IFT certificate would reduce property taxes on the real property improvements by
50% for the duration of the exemption.
Johnson Technology, Inc. is an aircraft engine parts manufacturer headquartered in the City of
Muskegon, with additional facilities in Norton Shores. GE Aerospace employs over 330 people at its
Muskegon location and plans to hire an additional 90 employees as part of this expansion. GE
Aerospace (formerly GE Aviation) has been part of the Muskegon area since 1997, when it acquired
Johnson Technology. The company is also investing $70 million in a separate expansion in Norton
Shores and has announced a broader $1 billion nationwide commitment.
Due to Johnson Technology’s status as a federal contractor and pursuant to Executive Order 14173,
the company is not subject to local affirmative action plan requirements. However, Johnson
Technology remains committed to non-discrimination and ensuring equal opportunity for all
employees and applicants, and has provided the City with a copy of its Respectful Workplace Policy
reflecting that commitment.
Following its review, the City’s Internal Tax Committee recommends approval of a 12-year
abatement term for the proposed investment.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Progress toward new and ongoing
economic development projects
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Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
I move to approve the issuance of an Industrial Facilities Exemption certificate for a period of 12 years
for the property located at 2034 Latimer Dr. and to authorize the Mayor and City Clerk to sign the
application and the resolution.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division PA 198 of 1974, as amended
Head
Information
Technology
Other Division Heads
Communication
Legal Review
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10/14/2025
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GE Aerospace - 2034 Latimer Drive
Project Estimate - 20,000 Sq Ft Building Addition
Description Estimate
General Requirements $386,011
Excavation/Parking Expansion $321,676
Demo $107,225
Oil Filtration Room Constriction $556,250
Concrete/Concrete Mez $461,069
Masonry $214,451
Structural Steel, Bar Joist, Metal Deck $1,193,750
Metal Panel siding and flashings $750,578
Roofing $375,289
Aluminum Doors and Windows $406,250
Floor Coatings $253,670
Floor Finishes $252,089
Ceiling grid and tile $296,835
Drywall $414,509
Cabinets / countertops / sills $75,058
Elevator $321,676
Turnstiles and decorative Fencing $189,335
Mechanical - HVAC $786,126
Plumbing $232,225
Fire Protection $107,225
Electrical Service $511,011
Natural Gas Service $75,058
Building Management system $125,000
Security Systems $287,500
Architects ad Engineering Services $312,500
Permits $66,480
$0
Total $9,078,845
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GENERAL NOTES
1. Parking Calculations
East Parking Lot +113 Spaces
West Parking Lot -72 Spaces
Total Net Parking 41 Spaces
2. Snow storage shall be along the perimeter green spaces & within the retention basin area.
3. This property is located within a I-2 General Industrial zoning district per City of Muskegon
zoning map. General Industrial district regulations for this property include:
Front setback: 30 feet minimum
Side setback 15 feet minimum, 25 feet total
Rear setback 10 feet minimum
P:\Projects\2024\241640\Drawings\241640.dwg, 03-SDP, 8/28/2025 11:20:20 AM, ckidwell
5252 Clyde Park, S.W. Grand Rapids, MI 49509
Phone: (616) 531-3660 www.exxelengineering.com
Page 128 of 434
City of Muskegon Com Addition Permit No: PB250897
BUILDING SAFETY INSPECTIONS 933 TERRACE ST., ROOM 201 MUSKEGON, MI 49440
CALL FOR INSPECTIONS: 231-724-6715 FAX 231-728-4371
2034 LATIMER DR Job Location
Permit Issued: 09/25/25
Permit Expires: 03/24/2026 24-692-000-0030-00
ALL PERMITS MUST BE FINALED - MUSKEGON 49442-6232
PLEASE CALL 231-724-6715 FOR
AN INSPECTION AT LEAST 24 HOURS IN ADVANCE
GE AVIATION (FKA: JOHNSON Owner
MUSKEGON QUALITY BUILDERS Contractor 2034 LATIMER DR
MUSKEGON MI 49442-6232
2837 PECK ST (231) 733-4278
MUSKEGON HGTS, MI 49444 GE AVIATION
Category: Com Addition
Work Description: 20,000 SQ FT BUILDING ADDITION WITH TRUCK DOCKS/MOSTLY
PRODUCTION SPACE. EXCAVATION, CONCRETE, STEEL, SIDING, ROOFING,
FIRE PROTECTION, MEP'S
PERMIT MUST BE POSTED/KEPT ON JOB SITE UNTIL FINAL
INSPECTION IS COMPLETED AND APPROVED
PERMIT ITEM WORK TYPE PERMIT VALUE FEE
(8) > $1,000,000 Com Addition 3,499,989.0 $16,824.00
Plan Review Com Addition 16,824.00 $10,935.60
Fee Total: $27,759.60
Amount Paid: $27,759.60
CODE BOOK REFERENCE 2021 MICHIGAN BUIL Balance Due: $0.00
I agree this permit is only for the work described, and does not grant permission for additional or related work which requires
separate permits. I understand that this permit will expire, and become null and void if work is not started within 180 days, or if
work is suspended or abandoned for a period of 180 days at any time after work has commenced; and, that I am responsible for
assuring all required inspections are requested in conformance with the applicable code.
I hereby certify that the proposed work is authorized by the owner, and that I am authorized by the owner to make this application
as his authorized agent. I agree to conform to all applicable laws of the State of Michigan and the local jurisdiction. All information
on the permit application is accurate to the best of my knowledge.
Payment of permit fee constitutes acceptance of the above terms.
Page 129 of 434
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE OF INDUSTRIAL
FACILITIES EXEMPTION CERTIFICATE Johnson Technology, INC
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed public
hearing held on July 26, 1983 this Commission by resolution established a
Plant Rehabilitation and Industrial Development District for Port City
Industrial Park, Muskegon, Michigan 49441; and
WHEREAS, Johnson Technology, INC has filed an application for the issuance
of an Industrial Facilities Tax Exemption Certificate with respect to the
rehabilitation of a facility within said Plant Rehabilitation and Industrial
Development District; and
WHEREAS, before acting on said application the Muskegon City Commission held
a public hearing on November 10, 2025 at the Muskegon City Hall in
Muskegon, Michigan at 5:30 p.m. at which hearing the applicant, the
assessor and representatives of the affected taxing units were given
written notice and were afforded an opportunity to be heard on said
application; and
WHEREAS, the rehabilitation of the facility is calculated to and will have the
reasonable likelihood to retain, create, or prevent the loss of
employment in Muskegon, Michigan; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes
within the City of Muskegon, will not exceed 5% of an amount equal to the
sum of the SEV of the local government unit, plus the SEV of personal and
real property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City
Commission of the City of Muskegon, Michigan that:
1) The Muskegon City Commission finds and determines that the
Certificate considered together with the aggregate amount of
certificates previously granted and currently in force under Act No. 198
of the Public Act of 1974 as amended shall not have the effect of
substantially impeding the operation of the City of Muskegon or
impairing the financial soundness of a taxing unit which levies ad
valorem property taxes in the City of Muskegon.
2) The application of Johnson Technology, INC, for the issuance of an
Industrial Facilities Tax Exemption Certificate with respect to the
rehabilitation on the following described parcel of real property situated
within the City of Muskegon to wit:
Page 130 of 434
CITY OF MUSKEGON PORT CITY INDUSTRIAL CENTER NO 2 LOT 30, 31 & 32
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be
and remain in force and effect for a period of twelve (12) years on real
property.
Adopted this 9 Day of DECEMBER 2025
Ayes:
Nays:
Absent:
BY: ________________________________
Ken Johnson Mayor
ATTEST: ___________________________
Ann Meisch, City Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a
resolution adopted by the Muskegon City Commission, County of Muskegon,
Michigan, at a regular meeting held on December 9, 2025.
__________________________
Ann Meisch, City Clerk
Page 131 of 434
CITY OF MUSKEGON
CONTRACT FOR TAX ABATEMENT
Act 198 Public Acts of 1974
AGREEMENT between CITY OF MUSKEGON, a municipal corporation
of 933 Terrace Street, Muskegon, Michigan 49440, (“City”) and Johnson
Technologies, LLC.
Recitals:
A. The Company has applied to City for the establishment of an industrial
development district pursuant to the provisions of Act198 of the Public Acts of
1974, as amended, which act requires a contract between the City and the Company
to be agreed and submitted with the Company’s subsequent anticipated application
for an industrial facilities exemption certificate.
B. That in addition to the statutory requirement, the City has determined that it is
in the best interests of the taxpayers, property owners and residents of the City that
this Agreement be approved and executed prior to the establishment of the
requested district, and the City deems this Contract, together with the conditions set
forth in the said Act to constitute a necessary element in the City’s determination
whether or not to create the district.
C. The Company intends to install the project set forth in its application
(“project”) which it believes qualifies for the process of establishing the district and
the application for industrial facilities exemption certificate.
D. The City, provided this Agreement is executed, will determine whether to
create the district based upon the potential for the production of permanent jobs, the
continuation, stabilization or increase of economic activity, planning and zoning
considerations and the City’s general plan and intentions regarding economic
development. In addition to the City policy considerations and predictions that the
Company’s proposed district and certificate benefit the community in those ways,
the City has further determined that the contractual commitments made by the
Company to thereby assist the community shall be binding on the Company and
necessary to continue the tax exemption made possible by the certificate.
E. This contract shall become effective upon the issuance of an Industrial
Facilities Tax Exemption Certificate.
NOW THEREFORE THE PARTIES AGREE:
1
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1. COMPANY AGREEMENT. The Company irrevocably commits to the
investment, job retention and job creation promises made in its application, a copy of
which is attached hereto and incorporated herein. In particular the Company agrees:
1.1 That 100% of the jobs shall be filled and in existence with full-time
employees by a date no later than two (2) years from the date of the granting of
the certificate by the State Tax Commission, subject to the provisions of section
3.4 of this agreement.
1.2 That the amount of jobs listed on the application, whether new or retained,
will be maintained through the life of the abatement, subject to the provisions of
section 3.4 of this agreement.
1.3 The Company shall meet the affirmative action goal included in the
application or in any documents supplied by the City and utilized by the
Company, including any additional representations made to the City Commission
on or before the date two (2) years after the granting of the certificate by the
State Tax Commission. It shall maintain the said levels of employment diversity
during the period of the certificate, subject to the provisions of section 3.4 of this
agreement.
1.4 The Company, by the end of two (2) years from the date of the grant of the
certificate by the State Tax Commission shall have completed the investment of
$9,078,845 in improvements as shown in the application, subject to the
provisions of section 3.4 of this agreement.
1.5 That the improvements and equipment to receive the tax abatement treatment
shall be completed on or before the date two (2) years from the date of granting
of the certificate by the State Tax Commission.
1.6 The Company shall pay its specific taxes required by the act in a timely
manner, and shall not delay payments so as to incur any penalties or interest.
1.7 The Company shall fully cooperate with the City representatives in supplying
all requested and required documentation regarding jobs, investment, the meeting
of all goals and the timely installation and utilization of equipment and
improvements. The City shall be entitled to inspect at reasonable hours the
Company’s premises where the said improvements and equipment have been
installed and where the said jobs are performed.
1.8 The Company shall maintain, during the entire period for which the tax
abatement is granted, the level of jobs, affirmative action goals, production and
utilization of the improvements and equipment at the site where the district has
been created and for which the tax exemption has been granted.
2
Page 133 of 434
1.9 The Company shall not cause or fail to cure the release of any hazardous
substance, or the violation of any environmental law on its premises in the City.
It shall report any releases to the appropriate governmental authority in a timely
and complete manner, and provide copies of said report documentation to the
City. It shall comply with all orders and actions of any governmental agency
having authority.
1.10 The Company shall maintain the equipment and improvements so as
to minimize physical or functional obsolescence.
1.11 The Company shall continue to operate its business location in the
City, containing the same number of and type of jobs, for the term of the
certificate.
2. AGREEMENT BY THE CITY. Provided this contract has been executed
and further provided all applications to create the district and achieve the industrial
facility exemption certificate have been properly filed, the City shall, in a timely
manner, determine in a public meeting to whether to create the district and whether
to receive, process, and approve thereafter the Company’s application for an
industrial facilities exemption certificate. The City may consider this contract in a
meeting separate from and prior to the meeting in which the City considers the
creation of the district and/or approval of the application for certificate. Further, the
City shall require the submission of this contract signed by the Company together
with its applications, before creating the district.
3. EVENTS OF DEFAULT. The following actions or failures to comply shall
be considered events of default by the Company:
3.1 Failure to meet any of the commitments set forth above.
3.2 The closing of the Company’s facilities in the City. Closing shall mean for
purpose of this Agreement, the removal, without transfer to another site within
the City of substantially all of the production facilities, and the elimination of
substantially all the jobs created or retained thereby, which are set forth in the
Company’s application.
3.3 Failure to afford to the City the documentation and reporting required.
3.4 The failure to create or retain jobs, meet affirmative action goals or expend
the funds on equipment and improvements as represented in the application
within the times required hereby, unless the company can show that there has
been a loss of revenue and employment due to circumstances beyond the control
of the company. In order to make that showing the company shall have the
burden of supplying, to the City's satisfaction, complete and convincing
documentation supporting and justifying reductions in investment, failures to
3
Page 134 of 434
attain affirmative action goals or job losses, such as, without limitation, written
evidence of lost contracts, accounting information showing reduced revenues due
to the loss of business, (not due to diversion of production to affiliate companies
or divisions of the company), production records showing reduced quantities
over significant periods of time, and such other information required by the City
to support the Company's claim that the failure to invest, failure to achieve
affirmative action goals, or loss of jobs should not form the basis for a finding of
default.
3.5 The bankruptcy or insolvency of the Company.
3.6 The failure to pay any and all taxes and assessments levied on the Company’s
property or any other taxes, local, state or federal, including but not limited to
City income taxes and the withholding of said City income taxes from employees
as required by the City Income Tax Ordinance.
3.7 The performance or omission of any act which would lead to revocation
under MCLA 207.565, being §15 of the Act.
3.8 The violation of any provisions, promises, commitments, considerations or
covenants of this Agreement.
4. REMEDIES ON DEFAULT. In the event of any of the above defaults the
City shall have the following remedies which it may invoke without notice, except as
may be reasonably required by the Company’s rights to due process:
4.1 In the event of closing as determined after investigation of the facts and a
public hearing, the Company shall be immediately liable for penalties to be paid
forthwith to the city as determined as follows:
4.1.1 The Company shall pay to the City for prorata distribution to the
taxing units experiencing the abatement, an amount equal to the difference
between the industrial facilities tax which it has paid, and the total property
taxes to the relevant taxing units which it would have paid, given its
installations of improvements and equipment, during the years for which the
certificate was in effect.
4.1.2 Immediate Revocation. The Company hereby consents to revocation
to the IFT certificate before the State Tax Commission, without hearing, and
the City shall submit a copy of this Agreement to the State Tax Commission
in connection with its revocation procedure, giving notice that the default has
occurred and immediate revocation should occur.
4.2 In the event the improvements and equipment have not been installed before
the two (2) year period, in addition to the revocation procedures before the State
4
Page 135 of 434
Tax Commission, the abatement should immediately be reduced by the City
proportionately, and any installations which have not been finished at the end of
said two (2) year period shall not be eligible for the abatement thereafter and
shall be placed on the regular tax roll.
4.3 Failure to Expend the Funds Represented. In the event, (whether or not the
installations have been completed), the Company has not expended the funds it
has represented on its application that it would invest for the installation of
equipment, the abatement shall be reduced prorata, and any remaining value of
equipment shall be placed on the regular tax roll, unless the company can show,
through receipts, etc. that the cost of the equipment was actually less than the
amount estimated by the company (i.e., the same equipment was purchased as
listed in the IFT application, but the bids came in less then expected).
4.4 Job Creation and Retention. In the event the promised number of jobs have
not been created or retained at the end of the two (2) years after the grant of the
certificate by the State Tax Commission, the abatement shall be proportionately
reduced, unless the company can show that the loss of jobs, or inability to hire as
many people as expected, is due to circumstances beyond the control of the
company (such as an economic downturn).
4.5 Affirmative Action Goals. In the event, after one (1) year from the grant of
the certificate by the State Tax Commission, the affirmative action goals of the
City for additional jobs have not been met on a prorata basis, the abatement shall
be revoked.
4.6 For other violations of this Agreement or for actions or omissions by the
Company amounting to grounds for revocation by statue, the City shall
recommend to the State Tax Commission immediate revocation of the certificate.
4.7 Special Assessment. For any amount due to be paid to the City, under this
Section 4, the Company consents that the City shall have a personal action
against the Company for the said amount, and in addition, cumulatively, and not
by election, the City shall have a special assessment lien on all the property of
the Company personal and real, located in the City, for the collection of the
amounts due as and in the manner of property taxes and in such case the
collection of the said special assessment shall be accomplished by addition by
the City to the Company’s property tax statement regularly rendered.
5. Governing Law. This Agreement shall be construed and enforced in
accordance with the laws of the State of Michigan applicable to contracts made and
to be performed within the State of Michigan.
5
Page 136 of 434
Page 137 of 434
Page 138 of 434
THE SPIRIT & THE LETTER
RESPECTFUL WORKPLACE
POLICY
GE Aerospace is committed to providing a safe, fair, and respectful work environment. We
prohibit discrimination or harassment against anyone based on race, color, religion, national or
ethnic origin, ancestry, sex (including pregnancy and related conditions), gender (including
gender identity and expression), sexual orientation, marital status, genetic information, age,
disability, military and veteran status or any other characteristic protected by law.
The work environment includes all our work sites as well as any setting where work-related
business is being conducted, online and electronic activity, GE Aerospace-sponsored events, or
any events attended by GE Aerospace employees, and activities on our property.
What to Know
We do not tolerate any form of Harassment, discrimination, or bullying.
We do not allow Retaliation against anyone for:
o raising a good faith concern under this policy,
o opposing this type of conduct in the workplace,
o participating in any investigation (by GE Aerospace or by a government agency)
of this type of conduct, or
o asserting their rights under this policy.
We are an equal opportunity employer and make all employment decisions based on
legitimate business considerations, such as experience, skills, education, performance,
and the GE Aerospace Leadership Behaviors.
We protect our employees and members of our supply chain in accordance with the
Human Rights Policy.
We have developed and implemented affirmative action programs where required by
law. These programs and other local legislation promote equal employment opportunity
and good faith efforts to enhance and utilize the abilities of all individuals to the fullest
extent practical within the framework of the business.
We provide reasonable accommodations for pregnancy, persons with disabilities and for
religious beliefs to employees and candidates seeking employment.
We comply with all other employment laws, including those pertaining to freedom of
association, collective bargaining, working time, wages and hours, privacy and
immigration.
Maintaining pay equity is a priority for GE Aerospace and our compensation philosophy
reinforces our culture of respect and fairness. We are committed to fair, competitive, and
transparent pay practices.
How to Comply
Treat employees, applicants, customers, suppliers, contractors, anyone you interact with
or anyone providing services to us with fairness and respect.
Compliance
& Ethics
Page 139 of 434
THE SPIRIT & THE LETTER
RESPECTFUL WORKPLACE
POLICY
Create and foster a work environment free from discrimination, bullying and harassment.
Do not refuse to work or cooperate with others because of protected characteristics.
Never make unwelcome sexual advances, either physically or verbally, or make sexual
innuendos to anyone you interact with.
Third parties such as customers, contractors, and suppliers who are present on our
property are expected to abide by this policy at all times and will be denied entry to our
sites should they fail to do so.
Related Policies, Procedures and Guidelines
If you believe you have experienced or observed bullying, consult the Workplace
Bullying Policy.
If you plan to enter into a personal relationship with a colleague or employee of a GE
Aerospace supplier, customer or competitor, consult the Guidance on Personal
Relationships Impacting Work.
To understand how we protect and support employees who are in the process of, or
have completed the process of transitioning gender, consult the Gender Transition
Procedure.
If you believe you, or someone you work with, may be the victim of sexual harassment,
consult the Sexual Harassment FAQs and raise a concern.
Review the Pay Transparency and Non-Discrimination Provision for your rights related to
inquiring about, discussing or disclosing your pay or that of your co-workers.
Get Help
Raise a concern right away if you believe you have witnessed or experienced any
conduct that violates this policy. This applies to conduct by GE Aerospace employees
and others we do business or interact with. You can raise a concern to your manager or
other Open Reporting channels.
If you need reasonable accommodations provided for pregnancy, disabilities or religious
beliefs, contact your HR manager.
In the U.S., the federal Equal Employment Opportunity Commission (EEOC) and other
similar state agencies will accept and investigate charges of unlawful discrimination or
harassment at no charge to the complaining party.
Information may be found on the EEOC’s website at www.eeoc.gov or the relevant state
agency’s website. Click here for additional state-specific resources.
Penalties for Violation
Employees who violate this policy may be subject to disciplinary action, up to and including
termination, and may be held personally liable for the behavior.
Compliance
& Ethics
Page 140 of 434
THE SPIRIT & THE LETTER
RESPECTFUL WORKPLACE
POLICY
Definitions
Harassment is unwanted verbal, physical, or visual conduct that is (i) based on a
protected characteristic and/or (ii) creates an intimidating, offensive or hostile working
environment, or unreasonably interferes with an employee’s work performance.
o Examples: epithets, derogatory comments or slurs based on protected
characteristics, assault, derogatory posters, cartoons, emails, peer-to-peer
messages and communities, or other social media posts based on protected
characteristics or that are offensive or create a hostile work environment,
unwanted sexual advances, and offering employment benefits in exchange for
sexual favors. (Refer to Social Media Guidelines)
Sexual harassment is a type of harassment that includes unwanted conduct because of
someone’s sex or that is of a sexual nature when (i) submission to such conduct is made
a term or condition of employment; or (ii) submission to, or rejection of, such conduct is
used as a basis for employment decisions; or (iii) such conduct creates an intimidating,
offensive or hostile work environment or unreasonably interferes with an employee’s
work performance.
o Sexual harassment may include sexual advances, request for sexual favors, or
visual, verbal or physical conduct.
Retaliation involves engaging in any adverse action against an employee because they
raised a concern, opposed inappropriate workplace conduct or participated in an
investigation. The adverse action need not be job-related or occur in the workplace to
constitute unlawful retaliation. Such retaliation is unlawful under federal, state, and
(where applicable) local law.
Compliance
& Ethics
Page 141 of 434
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 9, 2025 Title: Sale of 496 Octavius, 669 Jackson, 677
Jackson, 704 Leonard, 58 E Grand, 181 Irwin, 316
E. Forest, 326 E. Forest, 1608 Smith, 1679 Terrace,
1728 Terrace, and 1163 Sanford.
Submitted by: Samantha Pulos, Code Department: Planning
Coordinator
Brief Summary:
Staff is seeking authorization to sell the City-owned vacant lots at 496 Octavius, 669 Jackson, 677
Jackson, 704 Leonard, 58 E Grand, 181 Irwin, 316 E. Forest, 326 E. Forest, 1608 Smith, 1679 Terrace, 1728
Terrace, and 1163 Sanford to Stephen Benedict, Stephens Home and Investments LLC.
Detailed Summary & Background:
Stephen Benedict, Stephens Home and Investments LLC, would like to purchase the City-owned
buildable lots at 496 Octavius, 669 Jackson, 677 Jackson, 704 Leonard, 58 E Grand, 181 Irwin, 316 E.
Forest, 326 E. Forest, 1608 Smith, 1679 Terrace, 1728 Terrace, and 1163 Sanford to build single family
homes. 1680 Smith will be split into two buildable lots, with new addresses on E. Forest. The purchase
price will be $37,800 (75% of the True Cash Value of $50,400).
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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 authorize the Code Coordinator to complete the sale of 496 Octavius, 669 Jackson, 677 Jackson,
704 Leonard, 58 E Grand, 181 Irwin, 316 E. Forest, 326 E. Forest, 1608 Smith, 1679 Terrace, 1728 Terrace,
and 1163 Sanford, to Stephen Benedict, Stephens Home and Investments LLC, as described in the
attached purchase agreement and to have the Mayor and Clerk sign the purchase agreement.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division x Master Plan, Zoning Ordinance, Policy for the Use
& Sale of City-Owned Residential Property
Page 142 of 434
Head
Information
Technology
Other Division Heads x
Communication
Legal Review x
Page 143 of 434
PURCHASE AND DEVELOPMENT AGREEMENT
This Purchase and Development Agreement (“Agreement”) is made December 9th, 2025
(“Effective Date”), between the City of Muskegon, a Michigan municipal corporation, of 933 Terrace
Street, Muskegon, Michigan 49440 (“City”), and Stephens Homes and Investments, LLC, a Michigan
limited liability company, of 1042 Terrace Street, Muskegon, Michigan 49442 (“Developer”), with
reference to the following facts:
Background
A. City is the owner of 12 buildable lots, being 496 Octavius, 669 Jackson, 677 Jackson, 704
Leonard, 58 E Grand, 181 Irwin, 316 E. Forest, 326 E. Forest, 1608 Smith, 1679 Terrace, 1728 Terrace,
and 1163 Sanford, more specifically described in attached Exhibit A. Prior to closing, City shall split one
or more of the lots into thirteen (13) lots, more specifically described in attached Exhibit B.
B. Developer proposes to purchase and develop thirteen (13) vacant lots owned by City, which
are all located in the City of Muskegon, Muskegon County, Michigan, and each commonly known and
legally described on the attached Exhibit B (each property individually, a “Parcel” and collectively “Project
Properties”).
C. 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 single-family house on each Parcel, for a total of thirteen (13) single-
family houses (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 Property shall be $37,800.00,
which shall be paid in cash or other immediately available funds at Closing (defined below) less the $1000
deposit that the Developer has paid to the City of Muskegon. The “Purchase Price” shall be allocated to
each lot as provided for in attached Exhibit B.
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 upon the completion of certain design standards for each
Parcel as further described herein.
Page 144 of 434
3. Construction and Development Requirements.
a. Construction Dates. The parties acknowledge and agree that Developer shall have
a period of twenty-four (24) 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.
a. 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 80% of the purchase price
for the Project Property upon Developer’s completion of construction of the Project. For the
purposes of this Agreement, “completion of construction” shall mean the issuance of an occupancy
permit by the City for every structure included in the Project.
4. Reversionary Interest. Notwithstanding anything herein to the contrary, and as security
for Developer’s obligation to commence and complete construction of a single-family house on each of the
Project Properties, each quit claim deed conveying a lot to Developer shall contain a reversionary interest
of that lot (“City’s Reversionary Interest”), 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 this Parcel 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 this Parcel and beginning
installation of the approved single-family home.
b. Developer does not complete construction of a single-family residential structure
on this Parcel prior to expiration of the Construction Period, in which case title to this Parcel 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 this Parcel. Provided, however, the parties agree to reasonably
negotiate an extension of the Construction Period up to a period of six (6) months for any of 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 any or all of 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 any or all of 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 any or all of 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 any or all of the Project Properties, improvements made on such Project Properties shall become the
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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 deeds
from City to Developer.
5. Title Insurance. Within five (5) days after the Effective Date, Developer shall order a
single title commitment for an extended coverage ALTA owner’s policy of title insurance issued by
Transnation Title Agency (the “Title Company”) for the nineteen (19) 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”), with a copy
of the commitment and underlying documents to City. 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 any of the Project Properties. If
objection to the title is made, City shall have thirty (30) 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 as to the applicable parcel and neither
City nor Developer shall have any further obligation to the other pursuant to this Agreement as to that
parcel, 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 Developer 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 thirty (30) days after disclosure, or terminate this Agreement as to that Parcel.
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
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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 intention prior to expiration of the 30-day Inspection
Period. If Developer so notifies City, this Agreement shall be terminated as to that Parcel 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 each
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 is a Michigan limited liability company. 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 properties, is now or on the Closing Date will
be pending or, to the knowledge of Developer, threatened.
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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.
c. Parcel Combination and Split. City shall combine one or more Parcels and split
the Parcels creating a total of 19 Parcels, as described in Exhibit B.
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 thirty (30) 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
thirty (30) 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 thirty (30) days after the Inspection Period (“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; (v) City shall the
costs to combine Parcels and split Parcels; and (vi) Developer and City shall each pay one-half of
any closing fees charged by the Title Company.
c. Deliveries. At Closing, City shall deliver fifteen (11) quit claim deeds, one for each
Parcel, for the Project Properties and Developer shall pay the purchase price. The quit claim deeds
to be delivered by City at closing shall include the City’s Reversionary Interest described in
Paragraph 4 above. The parties shall execute and deliver such other documents reasonably required
to effectuate the transaction contemplated by this Agreement.
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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
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
w/ copy to: Parmenter Law
Attn.: City Attorney
601 Terrace Street, Suite 200
Muskegon, MI 49440
Email: john@parmenterlaw.com
To Developer: Stephens Homes and Investments, LLC
Attn.: Stephen Benedict
1042 Terrace Street
Muskegon, MI
Email: stephenshomes@yahoo.com
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.
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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.
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 STEPHENS HOMES AND INVESTMENTS, LLC
By: _______________________________ By: _____________________________
Name: Ken Johnson Name: __________________________
Title: Mayor Title: __________________________
Dated: ____________________________ Dated: __________________________
By: _______________________________
Name: Ann Marie Meisch
Title: City Clerk
Dated: ____________________________
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Exhibit A
The following described premises are currently owned by the City of Muskegon and will be combined and
split to create the Parcels to be Purchased by Developer and are 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 NELY 49 1/2 FT LOT 3 BLK 150
Address: 496 OCTAVIUS, MUSKEGON, MI 49442
Price: $3,000.00
Parcel #: 61-24-205-150-0003-00
Legal Description: CITY OF MUSKEGON GUNNS SUB DIV OF PART OF BLK 2 LOT 1 AND THE W
10.88 FT OF LOT 2, BLK 3
Address: 704 LEONARD, MUSKEGON, MI 49442
Price: $3,000.00
Parcel #: 61-24-405-003-0001-00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 W 1/2 LOT 9 & W 1/2 OF S 14.25
FT LOT 8 BLK 275
Address: 58 E GRAND, MUSKEGON, MI 49442
Price: $2,775.00
Parcel #: 61-24-205-275-0009-00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 W 53 FT LOT 2 BLK 273
Address: 181 IRWIN, MUSKEGON, MI 49442
Price: $3,150.00
Parcel #: 61-24-205-273-0002-00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 W 1/2 LOT 9 BLK 283
Address: 316 E FOREST, MUSKEGON, MI 49442
Price: $2,775.00
Parcel #: 61-24-205-283-0009-00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 E 1/2 LOT 9 & E 66.35 FT OF S 4 FT
LOT 8 BLK 283
Address: 326 E FOREST, MUSKEGON, MI 49442
Price: $2,775.00
Parcel #: 61-24-205-283-0009-10
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 S 54 FT LOT 23 BLK 292
Address: 1679 TERRACE, MUSKEGON, MI 49442
Price: $3,150.00
Parcel #: 61-24-205-292-0023-10
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 12 AND NORTH 15 FT LOT
13 BLK 298
Address: 1728 TERRACE, MUSKEGON, MI 49440
Price: $3,150.00
Parcel #: 61-24-205-298-0012-00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 N 1/2 LOT 1 BLK 382
Address: 1163 SANFORD, MUSKEGON, MI 49440
Price: $5,250.00
Parcel #: 61-24-205-382-0001-00
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Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 3 BLK 19
Address: 669 JACKSON, MUSKEGON, MI 49442
Price: $2,625.00
Parcel #: 61-24-205-019-0003-00
(Will have a lot line adjustment along with 677 Jackson, making each parcel approximately 64’ wide)
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 2 BLK 19
Address: 677 JACKSON, MUSKEGON, MI 49442
Price: $3,000.00
Parcel #: 61-24-205-019-0002-00
(Will have a lot line adjustment along with 669 Jackson, making each parcel approximately 64’ wide)
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1 BLK 295
Address: 1608 SMITH, MUSKEGON, MI 49442
Price: $3,150.00
Parcel #: 61-24-205-295-0001-00
(Will be split into two lots and addresses will be on E Forest)
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Exhibit B
The following described Parcels will be created by the City of Muskegon sold to Developer for the Purchase
Prices provided and are 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 NELY 49 1/2 FT LOT 3 BLK 150
Address: 496 OCTAVIUS, MUSKEGON, MI 49442
Price: $3,000.00
Parcel #: 61-24-205-150-0003-00
Legal Description: CITY OF MUSKEGON GUNNS SUB DIV OF PART OF BLK 2 LOT 1 AND THE W
10.88 FT OF LOT 2, BLK 3
Address: 704 LEONARD, MUSKEGON, MI 49442
Price: $3,000.00
Parcel #: 61-24-405-003-0001-00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 W 1/2 LOT 9 & W 1/2 OF S 14.25
FT LOT 8 BLK 275
Address: 58 E GRAND, MUSKEGON, MI 49442
Price: $2,775.00
Parcel #: 61-24-205-275-0009-00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 W 53 FT LOT 2 BLK 273
Address: 181 IRWIN, MUSKEGON, MI 49442
Price: $3,150.00
Parcel #: 61-24-205-273-0002-00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 W 1/2 LOT 9 BLK 283
Address: 316 E FOREST, MUSKEGON, MI 49442
Price: $2,775.00
Parcel #: 61-24-205-283-0009-00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 E 1/2 LOT 9 & E 66.35 FT OF S 4 FT
LOT 8 BLK 283
Address: 326 E FOREST, MUSKEGON, MI 49442
Price: $2,775.00
Parcel #: 61-24-205-283-0009-10
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 S 54 FT LOT 23 BLK 292
Address: 1679 TERRACE, MUSKEGON, MI 49442
Price: $3,150.00
Parcel #: 61-24-205-292-0023-10
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 12 AND NORTH 15 FT LOT
13 BLK 298
Address: 1728 TERRACE, MUSKEGON, MI 49440
Price: $3,150.00
Parcel #: 61-24-205-298-0012-00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 N 1/2 LOT 1 BLK 382
Address: 1163 SANFORD, MUSKEGON, MI 49440
Price: $5,250.00
Parcel #: 61-24-205-382-0001-00
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Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 W 12 FT LOT 2 & LOT 3 BLK 19
Address: 669 JACKSON, MUSKEGON, MI 49442
Price: $2,625.00
Parcel #: TBD
(Adjusted for equal width with 677 Jackson)
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 E 64 FT LOT 2 BLK 19
Address: 677 JACKSON, MUSKEGON, MI 49442
Price: $3,000.00
Parcel #: TBD
(Adjusted for equal width with 669 Jackson)
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 W ½ LOT 1 BLK 295
Address: 355 E FOREST, MUSKEGON, MI 49442
Price: $1,575.00
Parcel #: TBD
(New address resulting from the lot split of 1608 Smith)
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 E ½ LOT 1 BLK 295
Address: 365 E FOREST, MUSKEGON, MI 49442
Price: $1,575.00
Parcel #: TBD
(New address resulting from the lot split of 1608 Smith)
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 9, 2025 Title: Amendment to Purchase and Development
Agreement: 450/454 Orchard.
Submitted by: Samantha Pulos, Code Department: Planning
Coordinator
Brief Summary:
Staff is seeking authorization to amend the Purchase and Development Agreement with RSW
Holdings LLC and Barrowstone Capital LLC (approved on June 10, 2025).
Detailed Summary & Background:
Staff is seeking authorization to amend the Purchase and Development Agreement (attached) with
RSW Holdings LLC and Barrowstone Capital LLC (approved on June 10, 2025) to allow the total
number of homes to be built to be four (4) instead of the original five (5). This agreement approved
the purchase of three parent parcels that were to be split into five build-able lots for the construction
of a single-family home on each lot. 450 Orchard was split into two lots, resulting in a new address of
454 Orchard. After construction began, the placement of two houses on this lot resulted in
encroachment on neighboring properties. Maximizing density here would cause an undue hardship
for the neighbor. Staff would like to seek approval for an amendment and combine this lot back to its
original dimension and allow the developer to build one single-family home.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Staff would like to amend the original purchase and development agreement and allow developer
to build one single-family home on 450 Orchard.
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 authorize the Code Coordinator to amend the Purchase and Development Agreement with RSW
Holdings LLC and Barrowstone Capital LLC (approved on June 10, 2025), as described, and to have
the Mayor and Clerk sign the purchase agreement addendum.
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Approvals: Name the Policy/Ordinance Followed:
Immediate Division x Master Plan, Zoning Ordinance, Policy for the Use
Head & Sale of City-Owned Residential Property
Information
Technology
Other Division Heads x
Communication
Legal Review x
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ADDENDUM NO. 1 TO LOT PURCHASE AND DEVELOPMENT AGREEMENT
This Addendum No. 1 to Lot Purchase Agreement ("Addendum") is
entered into December 9, 2025, between RSW Holdings LLC and Barrowstone Capital
LLC, Michigan limited liability companies, of 691 Ottawa Beach Road, Holland, MI, 49423
("Purchaser") and the City of Muskegon, a Michigan municipal corporation, of 933 Terrace
Street, Muskegon, Michigan 49440 ("Seller") as follows:
BACKGROUND
A. On June 10, 2025, Purchaser and Seller entered into a Lot Purchase Agreement (the
"Agreement"), which included the purchase of three (3) Lots located in the City of
Muskegon, Muskegon County, Michigan (the "Land").
B. The parties now seek to delete and replace Letter “B”, under the “Background”
Section (page 1) as set forth below.
AGREEMENT
Based upon satisfactory consideration, acknowledged by the parties, they agree as follows:
1. 450 Orchard Ave has been split into Parcel No. 61-24-205-045-0017-01 (450 Orchard
Ave) and Parcel No. 61-24-205-045-0017-10 (454 Orchard Ave). These parcels will be
combined into the original parent parcel of 450 Orchard Ave. One single-family
home will be built. This will result in the total of single-family homes to be built
under this agreement to be four (4) homes.
2. Except as modified by Addendum No. 1, the parties verify and affirm the Lot
Purchase Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum No. 1 as of
the date first written above.
SELLER: PURCHASER:
CITY OF MUSKEGON RSW Holdings LLC
By: _______________________________
Name: Ron Webb
By: _______________________________ Dated: __________________
Name: Ken Johnson
Title: Mayor
Dated: __________________ Barrowstone Capital LLC
By: _______________________________
Name: ___________________
By: _______________________________ Dated: __________________
Name: Ann Marie Meisch
Title: City Clerk
Dated: __________________
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 9, 2025 Title: Landscaping Contract Extension
Submitted by: Jacqui Erny, Admin Department: Public Works
Brief Summary:
In 2023, Barry's Greenhouse & Landscaping was awarded a three-year landscaping contract for
various areas downtown. There is an opportunity for a 4th-year extension of this contract.
Detailed Summary & Background:
In 2022, staff had a request for proposals for a landscaping contract that covers various areas
downtown. At the Commission meeting on February 28, 2023, the contract was awarded to Barry's
Greenhouses & Landscaping for three years with options to extend a fourth and fifth year. The fourth-
year contract total will be $119,118.79. This amount will cover:
• Western Avenue, Third Street, and downtown flower pots are paid for by the DDA.
• City Hall and Shoreline Dr are paid from the general fund.
• Hackley Park is reimbursed from the Community Foundation.
• The Farmers Market is paid for through the Farmers Market's budget.
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Parks and Recreation Department and
Services
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
$119,118.79 ($44,481.74-DDA, $7,049.94-City Hall, Yes No N/A
$16,165.41-Shoreline Dr, $42,253.31-Hackley Park,
$9,168.39-Farmers Market)
Fund(s) or Account(s): Budget Amendment Needed:
DDA-394-906-801, City Hall 101-265-801, Shoreline Yes No N/A
Dr-101-446-801, Hackley Park-101-770-801,
Farmers Market-252-808-801
Recommended Motion:
I move to authorize staff to extend the existing landscaping contract with Barry's Greenhouses &
Landscaping for an additional year with a contract total of $119,118.79.
Approvals: Name the Policy/Ordinance Followed:
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Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review
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Packet Page 34
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Description DDA City GF CFFMC Farmers Market TOTAL
100%
Bid Area #001 - Western Avenue
$18,174.71 $18,174.71
100%
Bid Area #002 - Hackley Park
$42,253.31 $42,253.31
100%
Bid Area #003 - Third Street
$6,413.24 $6,413.24
100%
Bid Area #004 - City Hall
$7,049.94 $7,049.94
100%
Bid Area #005 - Farmers Market
$9,168.39 $9,168.39
100%
Bid Area #006 - Shoreline Drive
$16,165.41 $16,165.41
Bid Area #007 - Various Flower Pots and 100%
Planters $19,893.79 $19,893.79
Bid Tabulation 1 of 1
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 9, 2025 Title: HOME ARP Duplex Developer Selection
Submitted by: Sharonda Carson, CNS Director Department: Community & Neighborhood
Services
Brief Summary:
To approve staff selection of developers of duplex housing
Detailed Summary & Background:
On September 29th, 2025, the City of Muskegon requested proposals from qualified housing
development agencies, nonprofits, or development teams to utilize up to $1,000,000 in HOME-ARP
funds to develop duplex housing units in the city of Muskegon for qualifying populations as defined
by HUD’s HOME-ARP guidelines. The objective is to increase the availability of affordable rental
housing units targeted to individuals and families who are homeless, at risk of homelessness, or in
other vulnerable populations as defined in the HOME-ARP Notice (CPD-21-10).
The city's goal is to create, at minimum, six to twelve units of housing in the City of Muskegon for
qualifying populations. The city has not established any preferences related to the qualifying
population and intends for each unit to be filled first come, first served. HUD defines the qualifying
population as:
1. Homeless
2. At risk of experiencing homelessness
3. Fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking or human
trafficking; or
4. An “other” qualifying population.
4 proposals were received and outlined below:
1. Orange Fin Properties LLC/ Builder- Sjaarda Homes — Requested $375,000 to create 2 stacked
duplexes 3 bedroom/ 1 bath each. Location is 300 and 370 Allen Ave. Lots have been purchased
from the City of Muskegon. The company estimates the rents to be around $615 per month. They
have obtained a loan in the amount of $330,000 at 6.5 interest over 25 years. The total cost is
$780,000 and owner equity of $75,000. Homes will be marketed to populations at or below 30% AMI.
The timeline is 12 months.
2. Artision Group — Proposes to create a 4-unit duplex that will house 12 individuals. This project is an
adult foster care model to assist with medication management, activities of daily living, social
connections, outings and transportation. The start date is late spring 2026 with a completion date of
January 2027. Artision is requesting $1,000,000 for hard, soft and startup costs.
3. Organic Care — Proposes to build a modular triplex at 967 Reynolds for foster care housing at
$400,000. They are requesting $100,000 in funding to support this development. Marketed to those
Page 171 of 434
who are at risk of homelessness, existing foster care (adult foster care), veterans or housing cost
burden adults. The triplex will contain 9 bedrooms at a rate of $1000 per month per room. The
timeline provided is 6 months.
4. Blue Fin Properties LLC — Proposes Duplexes and 3 Accessory Dwelling Units (ADU) development
housing options for the city of Muskegon. There are two options:
Option A: $279,750 — total project cost (contingent upon payment in lieu of taxes (PILOT) approval)
Option B: down payment plus subsidy to sustain affordable housing under the standard millage rate.
3 stacked duplexes, 3 ADU. Target is clients who are served through goodwill and Michigan Works.
The intent is to establish a workforce housing portfolio. The location is 499 Oak Ave. 638 and 644 Oak
Ave. The estimated rent is around $1200 a month or $500 room with ensuite. 1 Bed/ bath at around
$700.
Of all the proposals, Orange Fin and Blue Fin are the most qualified respondents to ensure HUD
compliance. The next step is to negotiate a development/sub-recipient agreement that lays out the
requirements of the HOME ARP program. The amount of the request for both proposals is around
$700,000 and the city will grant the entire allocated amount of $1,000,000 to cover expenses for
environmental review and other soft costs associated with building duplexes.
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
$1,000,000 Yes x No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Home ARP Yes No N/A x
Recommended Motion:
Motion to approve the recommended qualified bidders — Orange Fin and Blue Fin Properties LLC for
the HOME ARP Program as presented, and to authorize the CNS Director to create a development
agreement with said bidders for Commission consideration.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division x
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 172 of 434
Page 173 of 434
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 9, 2025 Title: Fireworks Display for NYE Ball Drop
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
Pyrotecnico is requesting approval of a fireworks display permit for January 1, 2026, in the parking lot
between 3rd and 4th Street, west of Shoreline Drive. The Fire Marshall will inspect the fireworks on the
day of the event.
Detailed Summary & Background:
Goal/Action Item:
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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 approve the fireworks display permit for Pyrotecnico, contingent upon inspection of the fireworks
and approval of the insurance.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 174 of 434
The LEGISLATIVE BODY OF CITY, VILLAGE OR TOWNSHIP BOARD will not discriminate against any individual
or group because of race, sex, religion, age, national origin, color, marital status, disability, or political beliefs. If you
Authority: 2011 PA 256 need assistance with reading, writing, hearing, etc., under the Americans with Disabilities Act, you may make your
needs known to this Legislative Body of City, Village or Township Board.
TYPE OF PERMIT(S) (Select all applicable boxes)
Agricultural or Wildlife Fireworks Articles Pyrotechnic Display Fireworks
Public Display Private Display
Special Effects Manufactured for Outdoor Pest Control or Agricultural Purposes
NAME OF APPLICANT ADDRESS OF APPLICANT AGE OF APPLICANT 18 YEARS OR OLDER
Pyrotecnico Fireworks, Inc. 299 Wilson Rd, New Castle, PA 16101 X YES NO
NAME OF PERSON OR RESIDENT AGENT REPRESENTING ADDRESS PERSON OR RESIDENT AGENT REPRESENTING CORPORATION, LLC, DBA OR OTHER
CORPORATION, LLC, DBA OR OTHER
Stephen Vitale 299 Wilson Rd, New Castle, PA 16101
IF A NON-RESIDENT APPLICANT (LIST NAME OF MICHIGAN ATTORNEY ADDRESS (MICHIGAN ATTORNEY OR MICHIGAN RESIDENT TELEPHONE NUMBER
OR MICHIGAN RESIDENT AGENT) AGENT)
Michael Falk 4369 E Summit Woods Dr NE, Rockford, MI 49341 616.427.0377
NAME OF PYROTECHNIC OPERATOR ADDRESS OF PYROTECHNIC OPERATOR AGE OF PYROTECHNIC OPERATOR 18 YEARS OR
OLDER
Jeff Yakes 4369 E Summit Woods Dr NE, Rockford, MI 49341 X YES NO
NO. YEARS EXPERIENCE NO. DISPLAYS WHERE
15 years 50+ displays Michigan, Missouri
NAME OF ASSISTANT ADDRESS OF ASSISTANT AGE OF ASSISTANT 18 YEARS OR OLDER
Rusty Brewster 4369 E Summit Woods Dr NE, Rockford, MI 49341 X YES NO
NAME OF OTHER ASSISTANT ADDRESS OF OTHER ASSISTANT AGE OF OTHER ASSISTANT 18 YEARS OR OLDER
X YES NO
EXACT LOCATION OF PROPOSED DISPLAY
Parking lot between 3rd and 4th streets, west of Shoreline Drive
DATE OF PROPOSED DISPLAY TIME OF PROPOSED DISPLAY
January 1, 2026 12:00 am
MANNER AND PLACE OF STORAGE, SUBJECT TO APPROVAL OF LOCAL FIRE AUTHORITIES, IN ACCORDANCE WITH NFPA 1123, 1124 & 1126 AND OTHER STATE OR FEDERAL REGULATIONS.
PROVIDE PROOF OF PROPER LICENSING OR PERMITTING BY STATE OR FEDERAL GOVERNMENT
No storage necessary, delivered on date of display
AMOUNT OF BOND OR INSURANCE (TO BE SET BY LOCAL GOVERNMENT) NAME OF BONDING CORPORATION OR INSURANCE COMPANY
$10,000,000.00 Britton-Gallagher & Associates
ADDRESS OF BONDING CORPORATION OR INSURANCE COMPANY
One Cleveland Center, Floor 30; 1375 East 9th Street, Cleveland, OH 44114
NUMBER OF FIREWORKS KIND OF FIREWORKS TO BE DISPLAYED (Please provide additional pages as needed)
Approximately 600 Aerial display shells ranging in size from 2 ½ inches to 3 inches in diameter
SIGNATURE OF APPLICANT DATE
November 10, 2025
BFS-417 (Rev 01/24)
Page 175 of 434
Bureau of Fire Services
P.O. Box 30700
Lansing, MI 48909
(517) 241-8847
Authority: 1988 PA 358 The Department of Energy, Labor & Economic Growth will not discriminate against any individual or group because or
Compliance: Voluntary race, sex, religion, age, national origin, color, material status, disability, or political beliefs. If you need assistance with
Penalty: Permit will not be issued reading, writing, hearing, etc., under the American with Disabilities Ace, you may make your needs known to this agency.
This permit is not transferable. It authorizes the resident wholesale dealer or jobber named below to have
in his or her possession fireworks of any type, for sale only to holders of permits for public display or
agriculture control.
Issued To Age (18 or over)
Pyrotecnico Fireworks, Inc. Yes
Address
4369 E Summit Woods Dr NE, Rockford, MI 49341
Name of Organization, Group, Firm, or Corporation
Lakeshore Legacy Project
Address
851 W. Laketon Ave, Suite D, Muskegon MI 49441
Number and Types of Fireworks
Approximately 600 aerial display shells ranging in size from 2 ½ inches to 3 inches in diameter.
Exact Location of Display
Parking lot between 3rd and 4th streets, west of Shoreline Drive
City, Village, Township Date Time
City of Muskegon, MI January 1, 2026 12:00 am
Bond or Insurance Filed? Amount
Yes No $10,000,000.00
Issued by action of the Legislative Body of the
City Village Township of _________________________ on the _____ day of ___________, 2025
(Name of City, Village, Township)
____________________________________________________________________________
(Signature and Title of Legislative Body Representative)
Page 2 of 4
BFS-417 (Rev 01/24)
Page 176 of 434
Instructions for Application for Fireworks Other Than Consumer or Low Impact
Applications shall be submitted to the legislative body of a city, village or township board. A permit may be issued as a result of
official action by the legislative body. A permit shall be valid only for use within the limits of the jurisdiction of the legislative body of a
city, village or township board.
1. Type of Permit – check all boxes that may apply to the type of permit needed. You may select several permit types
depending on your fireworks display. You may check with your legislative body of a city, village or township board for
assistance when making your selection. Please review the following definitions to determine which type of permit to select:
• Agricultural or Wildlife Fireworks – devices distributed to farmers, ranchers, and growers through a
wildlife management program administered by the US Department of Interior or Michigan DNR.
• Articles Pyrotechnic – 1.4G fireworks for professional use only that is classified as UN0431 or UN0432.
• Display Fireworks – 1.3G fireworks for professional use only
• Special Effects Manufactured for Outdoor Pest Control or Agricultural Purposes – devices with a
combination of chemical elements or compounds capable of burning independently of the oxygen of
the atmosphere and designed and intended to produce an audible, visual, mechanical or thermal effect
for pest or animal control.
• Public Display – a fireworks display that is open to all persons for viewing.
• Private Display – a fireworks display that is not open to the general public for viewing.
2. Name of applicant – list the name of the applicant. The applicant may be a person representing an organization, group, firm
or corporation, or self. If the applicant is also the operator, enter the same name in the operator’s section.
3. Address of applicant – complete the address of the applicant; include the street address, city, state and zip code.
4. Name of person or resident agent representing corporation, LLC, DBA or other – list the name of the person or resident
agent that represents the corporation, LLC, DBA or other.
5. Address of person or resident agent that represents the corporation, LLC, DBA or other – list the address of the person or
resident agent representing the corporation, LLC, DBA or other.
6. Non-resident applicant – list the name of the non-resident applicant. A non-resident applicant shall appoint a Michigan
attorney or Michigan resident agent in writing to be the applicant’s legal representative upon whom all service of process in
any action or proceeding may be served.
7. Name of pyrotechnic operator – list the name of the pyrotechnic operator. The pyrotechnic operator is the person in charge
of the display. The legislative body of a city, village or township board shall rule on the competency and qualifications of the
operator before granting a permit and may require an affidavit from the applicant as to the operator’s experience, former
pyrotechnic accidents, criminal record, sobriety, etc.
8. Address of pyrotechnic operator – list the address of the pyrotechnic operator; include the street address, city, state and zip
code.
9. Age of the pyrotechnic operator – list the age of the pyrotechnic operator; the operator must be 18 years of age or older.
10. Name of assistant – list the name of the assistant to the pyrotechnic operator;
11. Address of assistant – list the address of the assistant; include the street address, city, state and zip code. If there is more
than one assistant, please list additional assistants on a separate sheet and include the address and age of those additional
assistants.
12. Age of assistant – list the age of the assistant to the pyrotechnic operator; the assistant must be 18 years or older.
13. Name of other assistant – list the name of other assistant to the pyrotechnic operator.
14. Age of other assistant – list the age of the assistant to the pyrotechnic operator; the assistant must be 18 years or older.
15. Exact location of proposed display – list the address of the exact location of the proposed fireworks display.
16. Date of proposed display – indicate the date of the proposed fireworks display; only one display date can be used per
application.
17. Time of proposed display – indicate the time of the proposed fireworks display.
18. Manner and place of storage - indicate the manner and place of storage within the legislative body of a city, village or
township board of fireworks that are ready for display, just prior to the display in the area of exhibition. The legislative body
of a city, village or township board shall obtain approval from the local fire authorities of the manner and place of storage
before any permit is issued.
Page 3 of 4
BFS-417 (Rev 01/24)
Page 177 of 434
19. Amount of bond or insurance - the issuing legislative body of a city, village or township board shall set the amount of and
proof of bond or insurance for the protection of the public to satisfy claims for damages to property or personal injuries
arising out of any act or omission on the part of the person, firm or corporation, or any agent or employee of the applicant.
The applicant shall assure the bond or insurance required is provided.
20. Name of bonding corporation or insurance company – provide the name of the bonding corporation or insurance company
for which the bond was issued through.
21. Address of bonding corporation or insurance company – list the address of the bonding corporation or insurance company;
include the street address, city, state and zip code.
22. Number of fireworks and kind of fireworks to be displayed– indicate the total amount of fireworks proposed for the display or
use and a description of the type of fireworks for display; such as 10 aerial bombs, 30 aerial rocket bursts, etc.
23. The application is valid for the calendar year in which the application was received and permit was issued.
24. Permit fees shall be established by the legislative body of a city, village or township board and shall be submitted to and
retained by legislative body of a city, village or township board.
25. Permitting will be in compliance with the Michigan Fireworks Safety Act, PA 256 of 2011, MCL 28.466, Section 16.
26. Mail the application to the legislative body of a city, village or township board within the location jurisdiction of the
display. DO NOT mail the application to the Bureau of Fire Services (BFS). If mailed to the BFS, it will be returned to the
sender.
Page 4 of 4
BFS-417 (Rev 01/24)
Page 178 of 434
Lakeshore Legacy Project Pyrotecnico Fireworks Inc.
Muskegon NYE Ball Drop 3/25/2023 Michael Falk
210’
No spectators inside
the RED Safety Circle
during the display.
All roads remain
OPEN at all times
X
Ball drop
Launch Location Setup area: 50’ X 50’ Radius from setup area: 210’
Page 179 of 434
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 11/11/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
Acrisure Great Lakes Partners Insurance Services PHONE FAX
223 West Grand River Ave #1 (A/C, No, Ext): 216-658-7100 (A/C, No): 216-658-7101
E-MAIL
Howell MI 48843 ADDRESS: info@brittongallagher.com
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : Everest Denali Insurance Company 16044
2299
INSURED INSURER B : Arch Specialty Insurance Company 21199
Pyrotecnico Fireworks Inc.
299 Wilson Road INSURER C : Continental Indemnity Company 28258
New Castle PA 16103 INSURER D : James River Insurance Company 12203
INSURER E : AXIS Surplus Insurance Company 26620
INSURER F :
COVERAGES CERTIFICATE NUMBER: 483010515 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
D GENERAL LIABILITY Y Y P0000003353 11/14/2024 11/28/2025 EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ 50,000
CLAIMS-MADE X OCCUR MED EXP (Any one person) $
PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 3,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000
POLICY X JECT
PRO- $
LOC
A AUTOMOBILE LIABILITY Y Y GCD0010016-241 11/14/2024 11/28/2025 COMBINED SINGLE LIMIT
(Ea accident) $ 1,000,000
X ANY AUTO BODILY INJURY (Per person) $
ALL OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS AUTOS
X X NON-OWNED PROPERTY DAMAGE $
HIRED AUTOS AUTOS (Per accident)
$
B UMBRELLA LIAB X OCCUR Y Y UXP1035252-05 11/14/2024 11/28/2025 EACH OCCURRENCE $ 4,000,000
X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 4,000,000
DED RETENTION $ $
C WORKERS COMPENSATION Y 82-872096-04-45(MASTER) 10/14/2025 10/14/2026 X WC STATU-
TORY LIMITS
OTH-
ER
AND EMPLOYERS' LIABILITY Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000
E Excess Liability #2 Y Y P-001-001451057-01 11/14/2024 11/28/2025 Each Occ/ Aggregate $5,000,000
Total Limits $10,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Additional Insured extension of coverage is provided by above referenced liability policies where required by written agreement.
Fireworks Display Date: May 17, 2025; July 4, 2025; July 5, 2025; December 31, 2025; January 1, 2026
5/17/25 Location: Heritage Landing, Muskegon, MI
7/4/25 Location: Heritage Landing, Muskegon, MI
7/5/25 Location: Muskegon Country Club, Muskegon, MI
12/31/25 Location: Parking Lot, 896 4th St., Muskegon, MI
Additional Insured: County of Muskegon; City of Muskegon, MI, all elected & appointed officials, all employees & volunteers, all boards, commissions, and/or
authorities & board members, including employees and volunteers thereof; Boys & Girls Club of the Muskegon Lakeshore; Neal Fitness Center; i'move Physical
See Attached...
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Muskegon, MI
Muskegon City Hall
933 Terrace Street AUTHORIZED REPRESENTATIVE
Muskegon MI 49440
© 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
Page 180 of 434
AGENCY CUSTOMER ID: 2299
LOC #:
ADDITIONAL REMARKS SCHEDULE Page 1 of 1
AGENCY NAMED INSURED
Acrisure Great Lakes Partners Insurance Services Pyrotecnico Fireworks Inc.
299 Wilson Road
POLICY NUMBER New Castle PA 16103
CARRIER NAIC CODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE
Therapy; The County of Muskegon; Muskegon Country Club; Excess policies are follow form to above listed general and auto liability policies.
Coverage id Primary and Non-Contributory
City of Muskegon shall be notified of cancellation of policy thirty (30) days prior, or ten (10) days if due to non-payment of premium
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Page 181 of 434
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 11/11/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
Acrisure Great Lakes Partners Insurance Services PHONE FAX
223 West Grand River Ave #1 (A/C, No, Ext): 216-658-7100 (A/C, No): 216-658-7101
E-MAIL
Howell MI 48843 ADDRESS: info@brittongallagher.com
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : Everest Denali Insurance Company 16044
2299
INSURED INSURER B : Arch Specialty Insurance Company 21199
Pyrotecnico Fireworks Inc.
299 Wilson Road INSURER C : Continental Indemnity Company 28258
New Castle PA 16103 INSURER D : James River Insurance Company 12203
INSURER E : AXIS Surplus Insurance Company 26620
INSURER F :
COVERAGES CERTIFICATE NUMBER: 350791868 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
D GENERAL LIABILITY Y Y P0000003353 11/14/2024 11/28/2025 EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ 50,000
CLAIMS-MADE X OCCUR MED EXP (Any one person) $
PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 3,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000
POLICY X JECT
PRO- $
LOC
A AUTOMOBILE LIABILITY Y Y GCD0010016-241 11/14/2024 11/28/2025 COMBINED SINGLE LIMIT
(Ea accident) $ 1,000,000
X ANY AUTO BODILY INJURY (Per person) $
ALL OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS AUTOS
X X NON-OWNED PROPERTY DAMAGE $
HIRED AUTOS AUTOS (Per accident)
$
B UMBRELLA LIAB X OCCUR Y Y UXP1035252-05 11/14/2024 11/28/2025 EACH OCCURRENCE $ 4,000,000
X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 4,000,000
DED RETENTION $ $
C WORKERS COMPENSATION Y 82-872096-04-45(MASTER) 10/14/2025 10/14/2026 X WC STATU-
TORY LIMITS
OTH-
ER
AND EMPLOYERS' LIABILITY Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000
E Excess Liability #2 Y Y P-001-001451057-01 11/14/2024 11/28/2025 Each Occ/ Aggregate $5,000,000
Total Limits $10,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Additional Insured extension of coverage is provided by above referenced liability policies where required by written agreement.
FIREWORKS DISPLAY DATE: December 31, 2025, January 1, 2026
LOCATION: Parking Lot @ 896 4th Street - Muskegon, MI 49441
ADDITIONAL INSURED: Lakeshore Legacy Project; City of Muskegon, all elected and appointed officials, all employees and volunteers, all boards,
commissions, and/or authorities and board members, including employees and volunteers thereof
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Lakeshore Legacy Project, Inc.
851 W. Laketon Ave. Suite D AUTHORIZED REPRESENTATIVE
Muskegon MI 49441
© 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
Page 182 of 434
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 9, 2025 Title: Senior Municipal Funding FY26
Submitted by: Sharonda Carson, CNS Director Department: Community & Neighborhood
Services
Brief Summary:
To approve allocations of the Municipal Senior Millage funding to city programs geared toward
citizens who are 60 years of age, or older.
Detailed Summary & Background:
An allocation of $125,315.00 from the county of Muskegon FY26 Municipal Senior Millage funding
is budgeted for the following programs;
Home Repairs (CNS): $105,315.00
Senior Power of Produce: $ 20,000.00
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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 approve the budget proposed for City of Muskegon programs utilizing FY26 Municipal Senior
Millage Funds from the County of Muskegon.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division x
Head
Information
Technology
Other Division Heads
Communication
Page 183 of 434
Legal Review
Page 184 of 434
Public Health – Muskegon County • 1903 Marquette Ave • Suite S101• Muskegon, MI 49442
Main: 231.724.6246 • Fax: 231.724.6674 • www.muskegonhealth.net
DATE: Tuesday, October 28, 2025
TO: Municipalities
FROM: Public Health – Muskegon County
RE: FY26 Municipal Senior Millage Funding
Attached you will find the Allocation Summary and Distribution Table for the FY26 Municipal Senior
Millage funding.
We understand that some contact information may have changed. If you are not the primary contact for
this funding, please provide the updated contact information.
To accept this funding, send a 1-2 page plan approved by your governing entity (Council or Board) and
endorsed by the jurisdictional County Commissioner(s). The submission should also indicate if the
FY26 plan is a continuation of FY25 activities.
Please send all correspondences and related documentation (plans, reports, requests, etc.) to:
MuskegonSeniorMillage@co.muskegon.mi.us
Thank you.
Page 185 of 434
Municipal Allocation Summary
The Muskegon County Board of Commissioners approved allocating up to 25% of the annual senior millage
funds to local municipalities (2019-427) to coordinate and provide services, programs, and/or activities for
seniors in their jurisdictions. The funding formula includes a $3,500 base for each municipality plus a pro-rated
amount based on the population of seniors in the jurisdiction. Municipalities are encouraged to leverage funds
and minimize duplication by working with categorical grantees and/or each other.
Key points:
➢ 100% optional – submit an annual plan/budget to “opt in” each year.
➢ It does not prohibit or limit municipalities from applying for and receiving funding via the grant process.
➢ Municipalities must submit a 1 - 2 page plan approved by the governing entity & endorsed by the
jurisdictional County Commissioner.
➢ Funding will follow the County fiscal year October 1, 2025 – September 30, 2026.
➢ Quarterly reports required (financial and participant demographics) – monthly reports encouraged.
➢ Please forward all related correspondence to: MuskegonSeniorMillage@co.muskegon.mi.us
➢ Advance, partial, interim and/or final allocation payments will be processed upon receipt of written
request along with required/appropriate documentation.
Population to be served:
1. All persons 60 years of age or older or their caregivers who meet the criteria established for services
shall be eligible for any or all services with priority given to meeting the needs of persons with the
greatest economic or social need, giving particular attention to low-income, minority individuals.
2. Residents or occupants of Muskegon County (permanent, temporary, or transitional).
3. The Sub-Contractor shall not refuse to provide services to any eligible persons 60 years of age and older
because of race, color, religion, national origin, age, sex, height, weight, marital status, sexual
orientation, arrest record, or handicap pursuant to Title VI of the Civil Rights Act of 1964, amended
1973; and the Elliott-Larsen Civil Rights Act, 1976 P.A. 453, Section 209. The Sub-Contractor shall
comply with the provisions of Title VI of the Civil Rights Act of 1964, the Michigan Handicappers Civil
Rights Act, 1976 P.A. 220, and Section 504 of the Federal Rehabilitation Act of 1973, D.L. 93-112, 87
Stat. 394, and the Americans with Disabilities Act, 1990 P.A. 101-336.
4. Further, the Sub-Contractor shall comply with all other federal, state, or local laws, regulations,
standards, and any amendments thereto, as they apply to the performance of this contract.
Correspondence:
All communications and related documentation (plans, reports, requests, etc.) should be sent to:
MuskegonSeniorMillage@co.muskegon.mi.us
Page 186 of 434
MUSKEGON COUNTY SENIOR MILLAGE
FY26 Municipal Distribution Table
FY26 Total County
Municipality
Funding Commissioner(s)
Blue Lake Township $13,294 Cyr
Casnovia Township $12,176 Herman
Casnovia Village $4,603 Herman
Cedar Creek Township $17,343 Herman
Dalton Township $34,953 Cyr
Egelston Township $39,111 Herman
Fruitland Township $32,734 Cook, Cyr
Fruitport Charter Township $60,640 Hazekamp
Fruitport Village $8,462 Hazekamp
Holton Township $13,643 Herman
Laketon Township $38,632 Cook
Lakewood Club Village $7,194 Cyr
Montague City $14,334 Cyr
Montague Township $11,139 Cyr
Moorland Township $8,960 Herman
Muskegon Charter Township $71,233
Nash
McGuigan, Nash,
Muskegon City $125,315
Cook, Paige
Muskegon Heights City $37,111 Paige
North Muskegon City $22,254 Cook
Hazekamp, Paige,
Norton Shores City $115,402
McGuigan
Ravenna Township $11,833 Herman
Ravenna Village $7,361 Herman
Roosevelt Park City $17,742 McGuigan
Sullivan Township $14,334 Hazekamp
White River Township $12,018 Cyr
Whitehall City $17,481 Cyr
Whitehall Township $12,214 Cyr
$781,516
Page 187 of 434
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 9, 2025 Title: Issuance of a Commercial Facilities
Exemption Certificate — 431 E. Laketon Ave.
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
Pursuant to Public Act 255 of 1978, as amended, Gigi's Grill has requested the issuance of a
Commercial Facilities Exemption Certificate. The certificate will freeze the taxable value of the
building and exempt new real property investment from local taxes.
Detailed Summary & Background:
This is a repeat agenda item as the date was wrong on the certificate resolution.
Gigi's Grill plans to rehabilitate an 18,686 sq. ft. facility beginning in November 2025. The project
represents a $65,000 investment and is expected to create between seven (7) and 10 jobs.
The applicant was the Pastor of the building when it was previously a church and now wants to make
it into a restaurant. They have been operating outside the building selling authentic cuisine.
A public hearing on the establishment of the Commercial Redevelopment District was held at the
October 14, 2025, City Commission meeting.
The internal tax committee reviewed the application and, based on their findings and calculations,
recommends approval of the attached resolution for a term of eight (8) years for real property. The
applicant has submitted all required documentation.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Progress toward new and ongoing
economic development projects
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
This is being brought back to the Commission due to the date of completion of construction being
inaccurate. An amended resolution must be approved and signed.
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Page 188 of 434
Recommended Motion:
I move to approve an eight (8) year Commercial Facilities Exemption Certificate for Gigi's Grill, and
authorize the Mayor and City Clerk to sign the amended resolution.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division Public Act 255 of 1978, as amended
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 189 of 434
Page 190 of 434
Page 191 of 434
Page 192 of 434
Page 193 of 434
Resolution No.__________
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE OF A COMMERICAL
FACILITIES EXEMPTION CERTIFICATE
Gigi’s Grill
WHEREAS, the City of Muskegon legally established the Commercial Redevelopment
District _____ on October 14, 2025, after a public hearing held on October 14, 2025; and
WHEREAS, the state equalized value of the property proposed to be exempt plus the
aggregate state equalized value of property previously exempt and currently in force
under Public Act 255 of 1978 and under Public Act 198 of 1974 (IFT's) does not exceed
5% of the total state equalized value of the City of Muskegon; and
WHEREAS, the application was approved at a public hearing as provided by section 6(2)
of Public Act 255 of 1978 on October 14, 2025; and
WHEREAS, Gigi’s Grill is not delinquent in any taxes related to the facility; and
WHEREAS, the application is for commercial property as defined in section 3(3) of
Public Act 255 of 1978; and
WHEREAS, the applicant Gigi’s Grill has provided answers to all required questions
under Section 6(1) of PA 255 of 1978 to the City of Muskegon; and
WHEREAS, the City of Muskegon requires that the construction, restoration or
replacement of the facility shall be completed by April 30, 2026; and
WHEREAS, the Commercial Facilities Exemption Certificate is granted for a period of
eight (8) years and no extension will be allowed; and
WHEREAS, the commencement of the construction, restoration or replacement of the
facility did not occur more than 45 days prior to the filing of the application for
exemption; and
WHEREAS, the commencement of the construction, restoration or replacement of the
facility did not occur prior to the establishment of the Commercial Redevelopment
District; and
WHEREAS, the application relates to a construction, restoration or replacement program
which when completed constitutes a new, replacement or restored facility within the
meaning of Public Act 255 of 1978 and that is situated within a Commercial
Redevelopment District established under Public Act 255 of 1978; and
6.17.2024
Page 194 of 434
WHEREAS, completion of the facility is calculated to, and will at the time of issuance of
the certificate, have the reasonable likelihood to, increase commercial activity, create
employment and retain employment in which the facility is situated; and
WHEREAS, the restoration includes improvements aggregating 10% or more of the true
cash value of the property at commencement of the restoration as provided by section
4(6) of Public Act 255 of 1978.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Muskegon
Be and hereby is granted a Commercial Facilities Exemption for the real property,
excluding land, located in Commercial Redevelopment District ______at 431 E. Laketon
Ave. for a period of eight (8) years, beginning December 30, 2025, and ending December
30, 2033 pursuant to the provisions of PA 255 of 1978, as amended.
Adopted this 14th Day of October 2025.
AYES:
NAYS:
Absent:
BY: __________________________________
Ken Johnson, Mayor
ATTEST: _________________________________
Ann Meisch, Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the Muskegon City Commission of the City of Muskegon, County of
Muskegon, Michigan at a regular meeting held on October 14, 2025.
_______________________________
Ann Meisch, Clerk
6.17.2024
Page 195 of 434
10/6/25, 10:19 AM about:blank
431 E. Laketon Ave Property Report
Area of Interest (AOI) Information
Area : 18,686.11 ft²
Oct 6 2025 10:11:52 Eastern Daylight Time
about:blank 1/2
Page 196 of 434
10/6/25, 10:19 AM about:blank
Summary
Name Count Area(ft²) Length(ft)
Parcels 1 18,686.11 N/A
Parcels
Property Property Property Property
Municipality Acreage per Acreage per
# PIN Address Address Address Address
Code GIS Assessor
Number Direction Combined City
431 E
61-24-165-
1 24 0.43 0.41 431 E LAKETON MUSKEGON
000-0004-00
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
MINISTERIO
431 E
APOSTOLIC
1 MI 49442 No Data No Data LAKETON MUSKEGON MI
O CASA DE
AVE
ORACI
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 0.00 0.00 0.00 0 201 61010
- Improved
Zoning per Assessor
# School District Name Tax Description Area(ft²)
Primary
CITY OF MUSKEGON
BOLEMA GROVE SUB DIV
PART OF BLK 2 R P
EASTONS 2ND SUB-DIV
PART SEC 32 T10N R16W
PARCEL 1 N 86 FT OF E
20 FT LOT 3 & N 86 FT
MUSKEGON CITY
1 B-2 LOTS 4 & 5 PARCEL 2 S 44 18,686.11
SCHOOL DIST
FT OF E 20 FT LOT 3 & S
44 FT LOTS 4 & 5 ALSO N
1/2 E 124 FT VAC ALLEY
ALSO DESC AS LOTS 4-5
& E 20 FT LOT 3 ALSO N
1/2 OF E 124 FT VAC
ALLEY
©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
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 9, 2025 Title: SAFEBuilt Contract Award
Submitted by: Timothy Kozal, Public Safety Department: Public Safety
Director
Brief Summary:
Staff recommends awarding a three-year contract to SAFEbuilt to continue providing Building
Inspection Services for the City of Muskegon. SAFEbuilt is the City's current provider and has
demonstrated strong performance, comprehensive service capability, and reliable responsiveness.
After reviewing the three proposals received, staff determined that SAFEbuilt is the most qualified firm
to continue providing these services.
Detailed Summary & Background:
On Monday, December 1, 2025, the City Commission at its Legislative Policy Committee meeting
directed staff to develop a 3-year contract renewal with SAFEBuilt. The updated Contract follows this
memo and will run from January 1, 2026, through December 31, 2028.
The contract does have an auto-renewal for 12 months at the end of December 2028 "as approved
by the City Commission" (Sec. 8.1). The City can give 90 days' notice at any time to terminate the
agreement (Sec. 8.3).
Please see Exhibit C, "Performance Standards," for SAFEBuilt's expectations (p. 19 of the contract). This
includes the following: "SAFEbuilt will utilize customer service surveys to determine if department
activity is satisfactory for the end user and to identify areas of strengths and areas that need
improvement."
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
101-387 Yes No X N/A
Recommended Motion:
I move to award SAFEBuilt a three-year contract for the building and inspection services for the City
of Muskegon.
Page 198 of 434
Approvals: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 199 of 434
CITY OF MUSKEGON, MICHIGAN
PROFESSIONAL SERVICES AGREEMENT
This Agreement for Professional Services ("Agreement") effective January 1, 2026 is entered into by and
between the City of Muskegon, a Michigan municipal corporation, 933 Terrance Street, Muskegon, MI 49440,
("City") and SAFEbuilt Michigan, LLC, ("SAFEbuilt"), a wholly owned subsidiary of SAFEbuilt, LLC, with an
address at 444 North Cleveland, Suite 444, Loveland, CO 80537 . City and SAFEbuilt are individually referred
to as a "Party" and may be collectively referenced as the "Parties."
RECITALS AND REPRESENTATIONS
WHEREAS, the City has the responsibility under State laws and City Ordinance to adopt and enforce certain
building codes and other ordinances, conduct inspections, review building plans, and conduct other professional
services as described in this Agreement; and
WHEREAS, SAFEbuilt has represented to the City that it has substantial knowledge and experience in the
interpretation and application of the City's adopted Code of Ordinances with regard to various building
construction, including but not limited to, the inspection of buildings to determine compliance with State laws
and City ordinances, which include building codes, the review of building plans and other building code services.
WHEREAS, SAFEbuilt represents that SAFEbuilt has the skill, ability, and expertise to perform the services
described in this Agreement; and
WHEREAS, the City desires to engage SAFEbuilt to provide the services described in this Agreement subject
to the terms and conditions of the Agreement.
NOW, THEREFORE, in consideration of the benefits and obligations of this Agreement, the Parties mutually
agree as follows:
1.0 AGREEMENT
1.1 References to "SAFEbuilt" shall include any employees of SAFEbuilt, its contractors, subcontractors,
independent contractors.
2.0 SERVICES
2.1 Services. As directed by and under the supervision of the City ‘s Director of Public Safety (“Director of
Public Safety”), or his/her designee, SAFEbuilt shall provide the City with the services described in Exhibit
A (“Scope of Services").
2.2 Building Official. City and SAFEbuilt agree to jointly hire the City’s Building Official. Although jointly
employed, City and SAFEbuilt agree City has no obligation to compensate the Building official in any way
and that all compensation, fringe benefits, including retirement programs and insurance, shall be provided
by SAFEbuilt. The Building Official shall report to the Director of Public Safety, but SAFEbuilt shall be fully
responsible for training, overseeing, and managing the Building Official.
2.3 Changes to Services. The City may request a change or changes in the Services. Any changes to
Services that are mutually agreed upon between the City and SAFEbuilt shall be made in writing which
shall specifically designate any changes in compensation for the Services and be made an amendment
to the Agreement after approval by City Commission. To be effective, any changes must be approved by
City Commission, and signed by SAFEbuilt and the Mayor and City Clerk.
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3.0 COMPENSATION
3.1 Commencement of Services. Following execution of this Agreement by both Parties and on the Effective
Date of January 01, 2026, SAFEbuilt shall be authorized to commence performance of the Services subject
to the requirements and limitations on compensation as provided by this Section 3.0 and its subsections.
3.2 Building Department Compensation. Unless otherwise provided and specifically provided for in paragraph
3.12, SAFEbuilt shall receive 80% of all adopted building department fees that are collected by the City
each month except the following: rental property and associated fees; and certificate of occupancy fees.
The City shall retain the remaining 20% of the fees.
3.3 Rental Program/Code Enforcement Compensation. SAFEbuilt shall receive payment as specified in
Exhibit B.
3.4 Dangerous Building Compensation. SAFEbuilt shall receive payment as specified in Exhibit B.
3.5 Municipal Civil Infractions (MCI) Compensation. SAFEbuilt and the City shall receive a 50/50 split of
recovered fees (after sent to collections).
3.6 Hourly Fees. Where a permit fee is not collected for the service performed or if SAFEbuilt is required by
the City to perform any service not included as part of its Scope of Services outlined in Exhibit A, the City
shall be responsible for the hourly rate listed in Exhibit B. That hourly rate includes pay rate, overhead,
profit, travel necessary to perform the task and all other costs to SAFEbuilt. This hourly rate would also
apply to any services for which a fee has been collected but the City has requested that services be
performed by SAFEbuilt, when SAFEbuilt is required to perform any service not included as part of its
Scope of Services outlined in Exhibit A.
3.7 Misc. Compensation. The City will discontinue the practice of charging SAFEbuilt for postage, copy
machine rent, phone rent, and information technology service. The City will begin to supply paper and
envelopes. SAFEbuilt postage allowance shall be capped at $10,000 annually; envelope supply will be
capped at 18,000 envelopes and paper supply will be capped at 18 cases.
3.8 Responsibility for Outstanding Permits. SAFEbuilt will report on the number of open permits quarterly,
providing assurance that the City is covered for open permits and shall receive payment as specified in
Exhibit B.
3.9 Collection of Fees. The Building Department, through SAFEbuilt, shall collect Building Department fees
on behalf of the City.
3.9.1 No Reimbursable Expenses. No "reimbursable expenses" or other fee, cost, charge, or
fee for the value or expense of any materials, goods, travel, mileage, depreciation, or
other item related to the performance of the Services shall be paid by the City. Any cost,
charge, fee, or expense incurred by SAFEbuilt in the performance of the Services shall
be deemed a non-reimbursable cost and shall be borne by SAFEbuilt and shall not be
billed or invoiced to the City and shall not be paid by the City.
3.9.2 Free or Reduced Cost Services. The Parties recognize and understand that the City is
or may be required by law to waive inspection fees on a limited number of projects during
a calendar year or may, at its discretion, waive or reduce inspection fees for certain
projects that provide a substantial and direct public benefit (e.g., City owned buildings,
inspection related to court cases or following up services directed by a court of law).
The City shall notify SAFEbuilt of such circumstance(s) at the earliest opportunity and
the City may request SAFEbuilt to perform building and inspection services at no cost
or at a reduced cost.
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3.9.3 Increases in Compensation or Addition of Reimbursable Expenses. Any increases or
modification of compensation or the addition of a reimbursable expense(s) shall be
subject to written amendment of this Agreement approved by City Commission and
executed by both Parties.
3.10 Payment Processing. SAFEbuilt shall submit invoices and requests for payment in a form
acceptable to the City. Invoices shall be submitted by the 15th of each month unless otherwise
approved by this Agreement or in writing by the City. All invoices shall contain sufficient information to
account for all SAFEbuilt time (or other appropriate measure(s) of work effort for the Services during
the stated period of the invoice. Invoices shall be given to the Director of Public Safety with a
computation of the fees received and a total amount on which the 80% payment request is based
(Building Department Only). The City shall have thirty (30) days from receipt of the invoice to issue
payment to SAFEbuilt’s corporate offices at: SAFEbuilt; 444 North Cleveland, Suite 444; Loveland,
CO 80537 unless there is a dispute as to the amount due and owning. If there is a dispute, the parties
shall use the procedures set out in paragraph 3.7. City, in its sole discretion, shall establish all fees
charged to all parties seeking permits, certificates, building department fees, building inspection fees,
dangerous building fees, rental program fees, and code enforcement fees, in whatever form or name.
3.11 City's Dispute of Amount of Payment. The City may request additional information from
SAFEbuilt substantiating any and all compensation sought by SAFEbuilt before accepting the invoice.
When additional information is requested by the City, the City shall advise SAFEbuilt in writing,
identifying the specific item(s) that are in dispute and giving specific reasons for any request for
information. The City shall pay SAFEbuilt within thirty (30) days of the receipt of an invoice for any
undisputed charges or, if the City disputes an item or invoice and additional information is requested,
within thirty (30) days of acceptance of the item or invoice by the City following receipt of the
information requested and resolution of the dispute. To the extent possible, undisputed charges within
the same invoice as disputed charges shall be timely paid in accordance with this Agreement.
Payment by the City shall be deemed made and completed upon hand delivery to SAFEbuilt or
designee of SAFEbuilt or upon deposit of such payment in the U.S. Mail, postage pre-paid, addressed
to SAFEbuilt. If the city exercises its right to change fees in its sole discretion which resulted in lower
fees, then SAFEbuilt would have the right to terminate the agreement with 90 days’ notice to the city.
3.12 Remittance to City for Outstanding Permits. Upon termination fo this Agreement, either at its
conclusion or earlier, SAFEBuilt shall remit to City all fees paid prior to termination of this Agreement,
for whatever case, for work to be done after termination of this Agreement.
4.0 SAFEBUILT'S GENERAL RESPONSIBILITIES
4.1 Reference to "SAFEbuilt" under this Section shall include SAFEbuilt employees, contractors,
subcontractors, independent contractors, or anyone performing services under this Agreement for
SAFEbuilt.
4.2 The City shall supply SAFEbuilt with individual identification badges ("ID badges") for each SAFEbuilt
employee. The City shall have the discretion to determine the type, size and design for those ID badges.
SAFEbuilt shall require that all employees have their ID badges visible to the public at all times while
performing services under this Agreement. Lost ID badges shall be immediately reported to the Director
of Public Safety.
4.3 SAFEbuilt shall provide to the City the work telephone numbers of all employees, including any mobile
telephones that will be used while performing services under this Agreement.
4.4 The City shall provide copies and amendments of the City Code of Ordinances, Michigan State Building
Codes, street maps or other relevant code books or materials to SAFEbuilt. These Code of Ordinances,
Michigan State Codes, street maps and all other materials shall remain the property of the City and shall
be turned into the City at the termination of this Agreement. SAFEbuilt shall become familiar with those
codes and any unusual applications of those codes to City issues. SAFEbuilt is obligated to affirmatively
Page 3 of 32
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request from the City such information that SAFEbuilt, based on SAFEbuilt's professional experience,
should reasonably expect is available and which would be relevant to the performance of the Services.
4.5 SAFEbuilt shall perform the Services in accordance with this Agreement and shall promptly inform the
City concerning ambiguities and uncertainties related to SAFEbuilt's performance that are not addressed
by the Agreement.
4.6 SAFEbuilt shall employ a sufficient number of employees sufficiently experienced and knowledgeable to
perform the Services in a timely and prompt manner and such employees shall at all times act in a
professional, polite, and courteous manner to all persons regardless of the circumstances.
4.7 SAFEbuilt shall not allow employees, contractors, or subcontractors that are convicted of specific crimes
to do work in the City. Those crimes include, but are not limited to, fraud, theft, criminal sexual conduct,
assaultive or violent behavior, serious moral turpitude, gambling, prostitution, weapons violations, tax
evasion, or controlled substances.
4.8 SAFEbuilt shall promptly comply with any written City request for the City or any of its duly authorized
representatives to reasonably access and review any books, documents, and papers, other than
SAFEbuilt’s financial records, that are pertinent to SAFEbuilt’s performance under this Agreement for the
purpose of the City performing an audit, examination, or other review of the Services.
4.9 SAFEbuilt shall comply with all applicable federal, state and local laws, ordinances, regulations, and
resolutions.
4.10 SAFEbuilt shall be responsible at SAFEbuilt's expense for obtaining, and maintaining in a valid and
effective status, all licenses and permits necessary to perform the Services unless specifically stated
otherwise in this Agreement. SAFEbuilt shall supply copies to the City of appropriate licenses and
permits for any individual performing services under this Agreement.
4.11 If requested by the City, SAFEbuilt shall make the appropriate employees, contractors, subcontractors,
agents and independent contractors available for court proceeding, as witnesses, expert witnesses or
otherwise, instituted by or involving the City in either criminal or civil matters which involve services
performed under this Agreement, including but not limited to, appearances at pre-trials, hearings, bench
trials, jury trial and at all other times requested by the City.
4.12 SAFEbuilt shall reasonably make the appropriate employee, contractor, subcontractor, and independent
contractor available for consultation with the Director of Public Safety and the City Attorney, or their
designees, to discuss issues regarding litigation and/or matters of interest to City Commission or the
public.
5.0 PERFORMANCE STANDARDS
5.1 In performing the Services, SAFEbuilt shall use that degree of care, skill, and professionalism ordinarily
exercised under similar circumstances by members of the same profession practicing or performing the
substantially same or similar services in the State of Michigan. SAFEbuilt represents to the City that
SAFEbuilt is, and its employees performing such Services are, properly licensed and/or registered within
the State of Michigan for the performance of the Services (if licensure and/or registration is required by
applicable law) and that SAFEbuilt and employees possess the skills, knowledge, and abilities to
competently, timely, and professionally perform the Services in accordance with this Agreement. In
addition, more specific standards of SAFEbuilt performance are included within Exhibit C.
5.2 In a timely manner, SAFEbuilt shall inform the Director of Public Safety of all oral complaints and submit
a copy of all written complaints it receives from third parties against any employee, contractor,
subcontractor or independent contractor of SAFEbuilt to the Director of Public Safety. The Director of
Public Safety shall determine the disposition of all written complaints.
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5.3 The Parties mutually agree that SAFEbuilt's actions reflect on the reputation of the City. It is imperative
to the City that SAFEbuilt treats the City and the public with the utmost fairness and respect. SAFEbuilt
shall strictly comply with all the terms and conditions set out in this Agreement.
6.0 LEASING OF CITY PROPERTY - OFFICE SPACE
6.1 The City of Muskegon and SAFEbuilt shall execute and adhere to the obligations of a rental lease as
outlined in Exhibit D.
7.0 USE OF CITY SOFTWARE
7.1 The City is licensed to use BS&A software for its Building Department permit programs. The City has
obtained permission from BS&A to allow SAFEbuilt to have access to the City's BS&A software as long
as that software is only used by SAFEbuilt to perform the services under this Agreement for the City.
SAFEbuilt acknowledges that the license to use the BS&A software terminates with the termination of this
Agreement.
7.1.1 All Code Enforcement Case identification numbers; Rental Program Identification numbers;
will incorporate a prefix that signifies case or registration was generated under this Agreement.
7.2 SAFEbuilt shall provide an original signed statement from each of its employees acknowledging that
he/she understands that the BS&A software is the sole property of BS&A and at no time may he/she
download, copy, alter, or take other prohibited actions regarding that software. SAFEbuilt is permitted to
use standard City software loaded on the City's computers leased under Section 7, for example, Microsoft
Office and Outlook email. SAFEbuilt's right to use the software applies only to work performed for the City
and any rights to the use of that software ceased upon their termination by SAFEbuilt and/or the
termination of the Agreement.
7.3 SAFEbuilt agrees to defend, pay on behalf of, indemnify, and hold harmless the City, its elected and
appointed officials, employees, and volunteers against any claims, demands, suits or loss, and for any
damages which may be asserted, claimed or recovered against or from the City, its elected and appointed
officials, employees or volunteers by reason of any allegation of illegal use or misuse of BS&A software
or a violation of the licensing agreement by SAFEbuilt.
8.0 TERM AND TERMINATION
8.1 Term. This Agreement shall be effective on the January 01, 2026, (the "Effective Date") and shall
terminate on December 31, 20289. At the end of this period, this Agreement will automatically renew for
subsequent twelve (12) month terms and as approved by City Commission. This Agreement may also be
terminated as provided in paragraphs 8.3 and 9.3 or suspended as provided in paragraphs 8.4 and 8.5.
8.2 Continuing Services Required. SAFEbuilt shall perform the Services in accordance with this Agreement
commencing on the Effective Date until such Services are terminated or suspended in accordance with
this Agreement. SAFEbuilt shall not temporarily delay, postpone, or suspend the performance of the
Services without the written consent of the City Commission, City Manager, or a person expressly
authorized in writing to direct SAFEbuilt's services.
8.3 City Unilateral Termination. Notwithstanding paragraph 13, this Agreement may be terminated by the
City for any or no reason upon written notice delivered to SAFEbuilt at least ninety (90) days prior to
termination. In the event of the City's exercise of the right of unilateral termination as provided by this
paragraph:
8.3.1 Unless directed to continue performing work during the ninety (90) day period prior to
termination or unless otherwise provided in any notice of termination, SAFEbuilt shall provide
no further services in connection with this Agreement after receipt of a notice of termination;
and
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8.3.2 All finished or unfinished documents, data, studies and reports prepared by SAFEbuilt
pursuant to this Agreement shall be delivered by SAFEbuilt to the City and shall become the
property of the City; and
8.3.3 SAFEbuilt shall retain any building fees collected, regardless of service performed, through
last day worked based on termination notice. SAFEbuilt will provide a final accounting within
thirty (30) days of the date of termination unless directed otherwise.
8.4 Termination for Non-Performance. Should a Party to this Agreement fail to materially perform in
accordance with the terms and conditions of this Agreement, this Agreement may be terminated by the
performing Party if the performing Party first provides written notice to the non-performing Party which
notice shall specify the non-performance, provide both a demand to cure the non-performance and
reasonable time to cure the non-performance, and state a date upon which the Agreement shall be
terminated if there is a failure to timely cure the non-performance. For purpose of this Section 8.4,
"reasonable time" shall be not less than five (5) business days. In the event of a failure to timely cure a
non-performance and upon the date of the resulting termination for nonperformance, SAFEbuilt shall
prepare a final accounting and final invoice of charges for all performed but unpaid Services and
authorized reimbursable expenses. Such final accounting and final invoice shall be delivered to the City
within fifteen (15) days of the date of termination; thereafter, no other invoice, bill, or other form of
statement of charges owing to SAFEbuilt shall be submitted to or accepted by the City. Provided that
notice of non-performance is provided in accordance with this Section 8.4, nothing in this Section 8 shall
prevent, preclude, or limit any claim or action for default or breach of contract resulting from non-
performance by a Party.
8.5 Unilateral Suspension of Services. The City may suspend SAFEbuilt's performance of the Services at the
City's discretion and for any reason by delivery of written notice of suspension to SAFEbuilt which notice
shall state a specific date of suspension. Upon receipt of such notice of suspension, Safe Built shall
immediately cease performance of the Services on the date of suspension except: (1) as may be
specifically authorized by the notice of suspension (e.g., to secure the work area from damage due to
weather or to complete a specific report or study); or (2) for the submission of an invoice for Services
performed prior to the date of suspension in accordance with this Agreement.
8.6 Reinstatement of Services Following City's Unilateral Suspension. The City may at its discretion direct
SAFEbuilt to continue performance of the Services following suspension. If such direction by the City is
made within (30) days of the date of suspension, SAFEbuilt shall recommence performance of the
Services in accordance with this Agreement. If such direction to recommence suspended Services is
made more than thirty-one (31) days following the date of suspension, SAFEbuilt may elect to: (1) provide
written notice to the City that such suspension is considered a unilateral termination of this Agreement
pursuant to Section 9.3; or (2) recommence performance in accordance with this Agreement; or (3) if
suspension exceeded sixty (60) consecutive days, request from the City an equitable adjustment in
compensation or a reasonable re-start fee and, if such request is rejected by the City, to provide written
notice to the City that such suspension and rejection of additional compensation is considered a unilateral
termination of this Agreement pursuant to Section 9.3. Nothing in this Agreement shall preclude the
Parties from executing a written amendment or agreement to suspend the Services upon terms and
conditions mutually acceptable to the Parties for any period.
8.7 Delivery of Notice of Termination. Any notice of termination permitted by this Section 8 and its subsections
shall be deemed given as set out in Section 14.13 of this Agreement titled "Notices".
9.0 INSURANCE
9.1 Insurance Generally. SAFEbuilt shall obtain and shall continuously maintain during the term of this
Agreement insurance of the kind and in the amounts specified as follows:
The Contactor shall secure and maintain the following ("Required Insurance"):
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Worker's compensation insurance to cover obligations imposed by applicable law for any employee
engaged in the performance of work under this Agreement, and Employer's Liability insurance with
minimum limits of one hundred thousand dollars ($100,000) each accident, five hundred thousand dollar
($500,000) disease - policy limit, and one hundred thousand dollars ($100,000) disease - each
employee. Evidence of qualified self-insured status may be substituted for the worker's compensation
requirements of this paragraph.
Commercial general liability insurance with minimum combined single limits of one million dollars
($1,000,000) each occurrence and two million dollars ($2,000,000) general aggregate. The policy shall
be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad
form property damage (including completed operations), personal injury (including coverage for
contractual and employee acts), blanket contractual, independent Corporations, an Annual Contract
Aggregate Limit endorsement, and products and completed operations. The policy shall contain a
severability of interest provision, and shall be endorsed to include the Municipality including Architects
and Engineers, all elected and appointed officials, all employees and volunteers, boards, commissions
and/or authorities and their board members, employees, and volunteers as additional insured. No
additional insured endorsement shall contain any exclusion for bodily injury or property damage arising
from completed operations.
Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury
and property damage of not less than of One Million Dollars ($1,000,000.00) each occurrence with
respect to each of SAFEbuilt's owned, hired and non-owned vehicles assigned to or used in
performance of the Services. The policy shall contain a severability of interest’s provision. Such
insurance coverage must extend to all levels of subcontractors. Such coverage must include all
automotive equipment used in the performance of the Agreement, both on the work site and off the work
site, and such coverage shall include non-ownership and hired cars coverage. Such insurance shall be
endorsed to name the City as Certificate Holder and name the City, and its elected officials, officers,
employees and agents as additional insured parties.
Professional Liability (errors and omissions) Insurance with a minimum limit of coverage of One
Million Dollars ($1,000,000) per claim and annual aggregate. Such policy of insurance shall be obtained
and maintained for one (1) year following completion of all Services under this Agreement. Such policy
of insurance shall be endorsed to include the City as a Certificate Holder.
The Required Insurance shall be procured and maintained with insurers licensed and admitted in
Michigan with an A- or better rating as determined by Best's Key Rating Guide. All Required Insurance
shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed
by SAFEbuilt.
9.2 Additional Requirements for All Policies. In addition to specific requirements imposed on insurance by
this Section 9 and its subsections, insurance shall conform to all of the following:
9.2.1 Insurance carried or obtained by the City, its officers, or its employees shall be in excess of
and not contributory insurance to that provided by SAFEbuilt; provided, however, that the
City shall not be obligated to obtain or maintain any insurance whatsoever for any claim,
damage, or purpose arising from or related to this Agreement and the Services. SAFEbuilt
shall not be an insured party for any City-obtained insurance policy or coverage.
9.2.2 SAFEbuilt shall be solely responsible for any deductible losses for Required Insurance.
9.2.3 No policy of insurance shall contain any exclusion for bodily injury or property damage
arising from completed operations.
9.2.4 Every policy of insurance shall provide that the City will receive notice no less than thirty (30)
days prior to any cancellation, termination, or a material change in such policy.
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9.3 Failure to Obtain or Maintain Insurance. SAFEbuilt's failure to obtain and continuously maintain policies
of insurance in accordance with this Section 9 and its subsections shall not limit, prevent, preclude,
excuse, or modify any liability, claims, demands, or other obligations of SAFEbuilt arising from
performance or non-performance of this Agreement. Failure on the part of SAFEbuilt to obtain and to
continuously maintain policies providing the required coverage, conditions, restrictions, notices, and
minimum limits shall constitute a material breach of this Agreement upon which the City may immediately
terminate this Agreement, or, at its discretion, the City may procure or renew any such policy or any
extended reporting period thereto and may pay any and all premiums in connection therewith, and all
monies so paid by the City shall be repaid by SAFEbuilt to the City immediately upon demand by the City,
or at the City's sole discretion, the City may offset the cost of the premiums against any monies due to
SAFEbuilt from the City pursuant to this Agreement.
9.4 Insurance Certificates. Prior to commencement of the Services, SAFEbuilt shall submit to the City
certificates of insurance for all Required Insurance. Insurance limits, term of insurance, insured parties,
and other information sufficient to demonstrate conformance with this Section 10 and its subsections shall
be indicated on each certificate of insurance. Certificates of insurance shall reference SAFEbuilt / Building
Inspection Services. The City may request and SAFEbuilt shall provide within ten (10) business days of
such request a current certified copy of any policy of Required Insurance and any endorsement of such
policy. The City may, at its election, withhold payment for Services until the requested insurance policies
are received and found to be in accordance with the Agreement.
10.0 OWNERSHIP OF DOCUMENTS
10.1 Any work product, materials, and documents produced by SAFEbuilt pursuant to this Agreement shall
be and remains property of the City and shall not be made subject to any copyright unless authorized by
the City. SAFEbuilt hereby assigns to the City the copyright to all works prepared, developed, or created
pursuant to the Services outlined in this Agreement, including the rights to: (1) reproduce the work; (2)
prepare derivative works; (3) distribute copies to the public by sale, rental, lease, or lending; (4) perform
the works publicly; and (5) to display the work publicly. SAFEbuilt waives its rights to claim authorship of
the works, to prevent its name from being used in connection with the works, and to prevent distortion of
the works.
Other materials, methodology and proprietary work used or provided by SAFEbuilt to the City not
specifically created and delivered pursuant to the Services outlined in this Agreement may be protected
by a copyright held by SAFEbuilt and SAFEbuilt reserves all rights granted to it by any copyright. The
City shall not reproduce, sell, or otherwise make copies of any copyrighted material, subject to the
following exceptions: (1) for exclusive use internally by City staff and/or employees; or (2) pursuant to a
request under the Michigan Freedom of Information Act, MCl 15.231 et. seq., or any Federal open
records act, to the extent that such statutes apply; or (3) pursuant to law, regulation, or court order.
SAFEbuilt waives any right to prevent its name from being used in connection with the Services.
10.2 SAFEbuilt will be provided with a copy of the City's Freedom of Information Act ("FOIA") policy. The City
is responsible for responses to FOIA requests and SAFEbuilt shall not directly respond to any third parties
regarding any received FOIA requests. Upon receipt of a FOIA request, SAFEbuilt shall immediately give
that request to the City Clerk. SAFEbuilt shall provide specific information requested by the City for
response to the FOIA request by the date and time requested by the City Clerk and in a specific format if
so requested by the City Clerk, excluding those documents prepared by or on behalf of the City.
10.3 If SAFEbuilt receives a claim for damages, a Summons or Complaint, a subpoena or other document
concerning a request for money damages, a threat of a law suit, or any court action proceeding, SAFEbuilt
shall immediately hand deliver these documents to the City Clerk.
11.0 INDEPENDENT CONTRACTOR.
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11.1 SAFEbuilt shall perform the Services as an independent contractor and shall not be deemed by virtue
of this Agreement to have entered into any partnership, joint venture, employer/employee or other
relationship with the City other than as a contracting party and independent contractor. City and SAFEbuilt
agree to jointly hire the City’s Building Official. Although jointly employed, City and SAFEbuilt agree City
has no obligation to compensate the Building official in any way and that all compensation, fringe benefits,
including retirement programs and insurance, shall be provided by SAFEbuilt. The Building Official shall
report to the Director of Public Safety, but SAFEbuilt shall be fully responsible for training, overseeing,
and managing the Building Official. The City shall not be obligated to secure, and shall not provide, any
insurance coverage or employment benefits of any kind or type to or for SAFEbuilt or SAFEbuilt's
employees, sub-consultants, contractors, agents, or representatives, including coverage or benefits
related but not limited to: local, state, or federal income or other tax contributions; insurance contributions
(e.g., FICA); workers' compensation; disability, injury, or health; professional liability insurance, errors and
omissions insurance; or retirement account contributions.
12.0 CONFLICT OF INTEREST
12.1 SAFEbuilt shall refrain from providing services to other persons, firms, or entities that would create a
conflict of interest for SAFEbuilt with regard to providing the Services pursuant to this Agreement.
SAFEbuilt shall not offer or provide anything of benefit to any City official or employee that would place
the official or employee in a position of violating the public trust as provided under the City Charter, City
Code of Ordinance, state or federal statute, case law or ethical principles.
13.0 REMEDIES
13.1 In addition to any other remedies provided for in this Agreement, and without limiting its remedies
available at law, the City may exercise the following remedial actions if SAFEbuilt substantially fails to
perform the duties and obligations of this Agreement. Substantial failure to perform the duties and
obligations of this Agreement shall mean a significant, insufficient, incorrect, or improper performance,
activities or inactions by SAFEbuilt. The remedial actions include:
13.1.1 Suspend SAFEbuilt's performance pending necessary corrective action as specified by the
City without SAFEbuilt's entitlement to an adjustment in any charge, fee, rate, price, cost, or
schedule; and/or
13.1.2 Withhold payment to SAFEbuilt until the necessary services or corrections in performance are
satisfactorily completed; and/or
13.1.3 Deny payment for those services which have not been satisfactorily performed, and which,
due to circumstances caused by SAFEbuilt, cannot be performed, or if performed would be of
no value to the City; and/or
13.1.4 Terminate this Agreement in accordance with this Agreement.
The foregoing remedies are cumulative and the City, in its sole discretion, may exercise any or
all of the remedies individually or simultaneously.
14.0 MISCELLANEOUS PROVISIONS
14.1 No Waiver of Rights. A waiver by any Party to this Agreement of the breach of any term or provision of
this Agreement shall not operate or be construed as a waiver of any subsequent breach or continued
breach by either Party or continued breach by either Party. The City's approval or acceptance of, or
payment for, services shall not be construed to operate as a waiver of any rights or benefits to be provided
under this Agreement. No covenant or term of this Agreement shall be deemed to be waived by the City
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except in writing signed by the City Commission or by a person expressly authorized to sign such waiver
by resolution of the City Commission of the City and any written waiver of a right shall not be construed
to be a waiver of any other right or to be a continuing waiver unless specifically stated.
14.2 No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed to waive, limit, or
otherwise modify any governmental immunity that may be available by law to the City, its officials,
employees, contractors, or agents, volunteers or any other person acting on behalf of the City and, in
particular, governmental immunity afforded or available pursuant to the Michigan Governmental Immunity
Act, MCL 691.1401, et. seq.
14.3 Affirmative Action. SAFEbuilt will not discriminate against any employee or applicant for employment
because of race, color, religion, sex or national origin. SAFEbuilt will take affirmative action to ensure
applicants are employed, and employees are treated during employment, without regard to their race,
color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, promotion, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship.
14.4 Binding Effect. The Parties agree that this Agreement, by its terms, shall be binding upon the
successors, heirs, legal representatives, and assigns.
14.5 No Third Party Beneficiaries. Nothing contained in this Agreement is intended to or shall create a
contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including
any agent, Sub-consultant or subcontractor of SAFEbuilt. Absolutely no third party beneficiaries are
intended by this Agreement. Any third-party receiving a benefit from this Agreement is an incidental and
unintended beneficiary only.
14.6 Governing Law, Venue, and Enforcement. This Agreement shall be governed by and interpreted
according to the law of the State of Michigan. Venue for any action arising under this Agreement shall be
in the County of Muskegon. If there is any conflict between the language of this Agreement and any exhibit
or attachment, the language of this Agreement shall govern.
14.7 Survival of Terms and Conditions. The Parties understand and agree that all terms and conditions of
the Agreement that require continued performance, compliance, or effect beyond the termination date of
the Agreement shall survive such termination date and shall be enforceable in the event of a failure to
perform or comply.
14.8 No Assignment. Neither Party shall assign all or part of the rights, duties, obligations, responsibilities,
or benefits set forth in this Agreement to another party or entity
14.9 Paragraph Captions. The captions of the paragraphs are set forth only for the convenience and
reference of the Parties and are not intended in any way to define, limit or describe the scope or intent of
this Agreement.
14.10 Integration and Amendment. This Agreement represents the entire and integrated agreement between
the City and SAFEbuilt and supersedes all prior negotiations, representations, or agreements, either
written or oral, unless specified herein. Any amendments to this must be in writing and be signed by both
the City and SAFEbuilt.
14.11 Severability. Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause,
phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of
any other provision of this Agreement.
14.12 Incorporation of Exhibits. Unless otherwise stated in this Agreement, exhibits, applications, or
documents referenced in this Agreement shall be incorporated into this Agreement for all purposes. In the
event of a conflict between any incorporated exhibit and this Agreement, the provisions of this Agreement
shall govern and control.
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14.13 Notices. Unless otherwise specifically required by a provision of this Agreement any notice required or
permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all
purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the Party to
whom such notice is to be given at the address set forth below or at such other address as has been
previously furnished in writing, to the other Party. Such notice shall be deemed to have been given when
deposited in the United States Mail properly addressed to the intended recipient.
If to the City: If to SAFEbuilt:
Director of Public Safety Joe DeRosa, CROSAFEbuilt, LLC
City of Muskegon 444 North Cleveland, Suite 444
PO Box 536 / 933 Terrance Street Loveland, CO 80537
Muskegon, MI 49440
With Copy to: With Copy to:
Muskegon City Attorney
c/o Parmenter O’Toole Attorneys at Law Glenn Lindsey
601 Terrace Street SAFEbuilt, LLC
Muskegon, MI 49440 444 North Cleveland, Suite 444
Loveland, CO 80537
15.0 SPECIAL PROVISIONS
15.1 Indemnification and Hold Harmless. To the fullest extent permitted by law, SAFEbuilt agrees to defend,
pay on behalf of, indemnify, and hold harmless the City its elected and appointed officials, employees and
volunteers and others working on behalf of the City against any and all claims, demands, suits, or loss,
including all costs connected therewith brought by a third-party, and for any damages which may be
asserted, claimed or recovered against or from the City, its elected and appointed officials, employees,
volunteers or others working on behalf of the City, by reason of personal injury, including bodily injury or
death and/or property damage, including loss of use thereof which arises out of or is in any way connected
or associated with SAFEbuilt’s negligent acts or omissions under this Agreement. At no time does the
City waive its right to governmental immunity.
15.2 Force Majeure. Neither SAFEbuilt nor the City shall be liable for any delay in, or failure of performance
of, any covenant or promise contained in this Agreement, nor shall any delay or failure constitute default
or give rise to any liability for damages if, and only to extent that, such delay or failure is caused by "force
majeure." As used in this Agreement, "force majeure" means acts of God, acts of the public enemy,
unusually severe weather, fires, floods, epidemics, quarantines, strikes, labor disputes and freight
embargoes, to the extent such events were not the result of, or were not aggravated by, the acts or
omissions of the non-performing or delayed party.
15.3 Authority. The individuals executing this Agreement represent that they are expressly authorized to
enter into this Agreement on behalf of City and SAFEbuilt and bind their respective entities.
THIS AGREEMENT is executed and made effective as provided above.
City of Muskegon, MI SAFEbuilt Michigan, LLC
_________________________________ _________________________________
Signature Signature
Name: ___________________________ Name: ___________________________
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Title: ____________________________ Title: ____________________________
Date: _________/_________/_________ Date: _________/_________/_________
_________________________________
ATTEST Signature
_________________________________
Name / Title
Date: _________/_________/_________
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EXHIBIT A: Scope of Services
Customer Service Complaint Mitigation Plan
SAFEbuilt will develop an updated customer service plan to address complaints and will provide it to the City
by the end of January 2026. The plan will focus on increasing transparency, accessibility, and accountability
between SAFEbuilt and the public. Proposed efforts include enhanced customer service training for all staff,
maintaining transparent information on the City’s website, and implementing an updated complaint procedure.
SAFEbuilt will also provide the City with quarterly updates on customer complaints.
Administrative Services
✓ Provide onsite administrative staff
✓ Provide permit counter intake during current City Hall business hours.
✓ Inform applicant when submitting plans of what the maximum amount of time it will be to first comments
and also the estimated time to first comments and/or completion
✓ Answer all questions at the counter or over the phone and provide ongoing communication as needed
✓ Review and provide handouts at the counter
✓ Administer the City of Muskegon contractor registration program
✓ Provide input, tracking, and reporting using the City’s current system (BS&A)
✓ All Code Enforcement case identification numbers; Rental Program identification numbers will incorporate
a prefix that signifies case or registration was generated under this Agreement.
✓ Implement performance measurements to ensure agreed upon service levels
✓ Provide scheduling support to inspection staff
✓ Prepare reports within mutually agreed upon timeframes and frequencies
✓ Follow up on complaints and provide resolution
✓ Provide emergency disaster response as it relates to building code – available via cell phone after hours
✓ Attend required staff level meeting with City staff, public officials, community leaders, and the public
✓ Submit monthly activity and compliance reports to the Director of Public Safety
Building Department Services
✓ Monitor and enforce adopted building codes, related codes, and amendments
✓ Demonstrate experience and applied knowledge in the aspects of plan review and building and
construction inspections related to historic structures
✓ Document areas of non-compliance using written records, electronic communications, photographs or
other appropriate means
✓ Provide training for our inspectors on City of Muskegon ordinances and amendments
✓ Manage and pay for CEU training required to maintain Act 407 compliance
✓ Be available for meetings as requested – including representing the City at HBA meetings as needed
✓ Work in partnership with the City of Muskegon staff to pursue the City providing building code
compliance and consulting services to the local school districts, local community colleges and local
colleges as allowed by all applicable regulations
✓ Work with the City Clerk to facilitate Freedom of Information Act (FOIA) requests
✓ Report directly to the position of Director of Public Safety
Existing Open Permits
SAFEbuilt will report on the number of open permits quarterly, providing assurance that the City is covered for
open permits.
Plan Review Services
✓ Accept and perform plan review
✓ Work with the applicant on submittal requirements in order to ensure the process is not held up for
minor issues
✓ Examine all commercial and residential projects including drawings, specifications, computations, and
additional data
✓ Determine if plans conform to the required strengths, stresses, strains, loads, and stability of adopted
building codes, local amendments, and all other pertinent laws and ordinances
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✓ Perform the following reviews: building code, accessibility, mechanical, electrical, plumbing, use and
occupancy classification, general building heights and areas, construction type, means of egress,
accessibility, energy code, and foundation
✓ Be available for pre-submittal meetings in order to help facilitate the timeliness of reviews and the
completeness of submittals
✓ Coordinate plan review tracking, reporting, and interaction with applicable departments
✓ Add resources as needed to keep reviews on schedule and provide needed expertise
✓ Review all revisions and be available for consultation after review is completed
Inspection Services
✓ Coordinate all inspection requests
✓ Offer the option of having the inspection performed in the morning or the afternoon – am/pm inspections
✓ Perform inspections of residential and nonresidential buildings to determine that construction activity
complies with approved plans, applicable codes and ordinances
✓ Perform all inspections as per adopted building codes and local amendments including liquor license
inspections and coordination with Fire Marshall as warranted
✓ Provide onsite inspection consultations to citizens and contractors at an hourly rate, if determined by
Building Official
✓ Observe safety and security procedures and report potentially unsafe conditions
✓ Identify and document any areas of non-compliance and suggest alternate means
✓ Notify appropriate jurisdiction staff when we observe code violations
✓ Perform work associated with abatement of dangerous buildings as allowed by adopted ordinance and
state law
✓ Process and deliver stop-work notices for non-conforming building activities – as approved by the
Building Official
✓ Leave a copy of the inspection notice with appropriate site personnel – as approved by the Bldg. Official
Administrative Support/Permit Technician Services
✓ Provide a qualified team member to facilitate the permitting process from initial permit intake to final
issuance of permit
✓ Provide a qualified team member to facilitate administration of the City’s dangerous building, rental and
code enforcement programs
✓ Determine and collect fees if desired by the City of Muskegon
✓ Provide inspection scheduling and tracking to ensure code compliance
✓ Provide customer service
✓ Process permits that require minimal or no plan review at time of submittal as approved by the Building
Official
✓ Respond to citizen complaints and communicate effectively with citizens to minimize impact of building
activities on the public and neighborhoods
Dangerous Building Program
✓ SAFEbuilt shall provide notices to property owners in compliance with the International Property
Maintenance Code
✓ SAFEbuilt is responsible to follow through with all steps in the declaring and the demolition of
dangerous buildings, including coordination with demolition contractors
✓ SAFEbuilt will facilitate and prepare for Housing Board of Appeals (HBA) meetings
✓ SAFEbuilt will prepare all City Commission agenda items and attend City Commission meetings
✓ SAFEbuilt will provide any reporting data required to obtain grants related to demolitions. The City is
responsible for obtaining and managing any grants from the State or County.
✓ SAFEbuilt will attempt to issue and collect on all tickets (Ex B #8) and demolition fees (Ex B #5) from the
property owner(s) per the method outlined in Exhibit B
Rental Program Services
✓ Monitor and enforce applicable City adopted ordinances
✓ International Property Maintenance Code will be enforced
✓ Act as an educator of ordinances and regulations as adopted or amended, so that citizens and
businesses understand requirements and time frames for becoming compliant
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✓ Document areas of non-compliance using written records, electronic communications, photographs or
other appropriate means
✓ Prepare and maintain all materials for any court action in a form approved by the court, City ordinance,
and State statute
✓ Attend court sessions – as required
✓ Prepare and maintain all reports, issue citations and other documents for action
✓ Prepare and distribute invoicing with regards to rental to citizens and/or owners
✓ Provide training for our inspectors on City of Muskegon ordinances and amendments
✓ Observe safety and security procedures and report potentially unsafe conditions
✓ Provide rental inspections as mutually scheduled with tenant and/or owner and provide follow-up as
required
✓ Contact and inform owners of identified violations and compliance deadlines
A new Rental Registration Program will be implemented to inspect properties on a two, four or six year
program based on the condition of the property. The City reserves the right to approve the final plan prior to
formal implementation.
Code Enforcement Services
✓ Code enforcement focus will be “grass, trash, and leaves”
✓ Patrol to identify violations of City code, especially focused on violations such as overgrown vegetation;
trash and debris; grass and terrace violations
✓ Act as an educator of ordinances and regulations as adopted or amended, so that citizens and
businesses understand requirements and time frames for becoming compliant
✓ Monitor and enforce applicable City adopted ordinances and International Property Maintenance Code.
✓ Responds to and investigate code violation complaints promptly and provide follow-up as required
✓ Respond to and investigate terrace violations promptly and provide next day follow-up
✓ Contact and inform owners of identified violations and compliance deadlines
✓ Document areas of non-compliance using written records, electronic communications, photographs or
other appropriate means
✓ Prepare and maintain all materials for any court action in a form approved by the court, City ordinance
and State statute
✓ Attend required court cases
✓ Issue citations, violation notices, and follow-up letters on violations of applicable City ordinances and
International Property Maintenance Code
✓ Observe safety and security procedures and report potentially unsafe conditions
✓ Notify appropriate staff when we observe vacant/dangerous buildings
✓ Administer code violations like tall grass and weeds
✓ Cleanup of lots on privately owned property
✓ Issue work order to contractors
✓ Search for and find violations
✓ Invoice property owners
✓ Oversee appeals and issue citations as needed
✓ Review photographic evidence
✓ Submit unpaid bills for collection
✓ Manage cutting and cleanup of City, County or State owned lots
✓ Manage collections for unpaid fees paid by the City for cutting and cleanup of private property; unpaid
fees will be submitted for collection and facilitated by SAFEbuilt (no split, City retains all CE fees after
submittal for collections)
Municipal Civil Infractions (MCI) Collection Services
✓ Administer the MCI collections program for citations issued by SAFEbuilt on behalf of the City
▪ SAFEbuilt issues citations for Building, Rental and Code Enforcement Departments only
✓ Collect and document unpaid MCI’s for submittal to a collection agency designated by the City
▪ Citation documentation will be submitted electronically to the collection agency
▪ Collection agency will submit payment payable to the City and to be sent to SAFEbuilt office,
documented and split 50/50 on monthly invoicing
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▪ Citation documentation will be submitted for collection a minimum of once per quarter and a
maximum of once per month
SAFEbuilt Provides
SAFEbuilt would propose leasing office space from the City of Muskegon and will provide:
✓ Vehicles, vehicle maintenance, and insurance
✓ All hiring expenses
✓ Ongoing training and certification of employees
✓ Office computer hardware
✓ Cell phones and usage
City Provided Location & Equipment
City of Muskegon will:
✓ Provide Room 201 for lease to SAFEbuilt at the rate of $4,972.50 per month, subject to a 3% increase
January 01, 2027 and annually thereafter. This lease rate includes all utilities.
✓ Allow SAFEbuilt to service other W. Michigan communities from the leased space within City Hall
✓ Absorb costs associated with the electronic storage of department permit and inspection records –
SAFEbuilt will facilitate the conversion and storage process with City Clerk
City Obligations/Provisions
✓ City shall discontinue the practice of charging SAFEbuilt for postage, copy machine rent, phone rent,
and information technology services.
✓ City shall permit SAFEbuilt to use its telephone and internet service through the City’s service
provider. City retains the rights to continue with current telephone/internet provider or switch provider
with thirty (30) day notice to SAFEbuilt.
✓ City shall maintain and staff its vacant building program; including board-ups
✓ City shall update and increase City fee schedule for building permit, plan review, and rental fees per
mutual agreement of both Parties.
✓ City shall implement a “Certificate of Occupancy” charge on all building permits requiring a Certificate
of Occupancy. The City shall keep 100% of the funds collected.
✓ City is responsible for obtaining and managing any grants from the State or County,
✓ City shall provide SAFEbuilt access to water billing records and assessors data in order to help find
unregistered rental properties
✓ City shall supply property map on CD that can be installed on any computer or laptop.
✓ City shall continue to supply property map in the printed book format for those without a laptop
✓ City shall pay for newspaper advertising for code enforcement related issues or seek an alternate
program for advertising like Facebook or the City website.
✓ City shall supply paper and envelopes as needed.
✓ City shall pay all code enforcement contractor invoices, including the current contractor of SAFEbuilt’s
choice, Muskegon County Landfill and current tire disposal contractor of SAFEbuilt’s choice.
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EXHIBIT B: Fee Schedule
SAFEbuilt does not utilize a company-wide fee schedule. A majority of our fees are based on an appropriate
percentage of the jurisdictions adopted fee schedule for services being provided by SAFEbuilt. SAFEbuilt
proposes services to be performed at the following rates. SAFEbuilt’s fees are all inclusive with no separate
billing for:
• Wages/Benefits
• Mileage/Vehicle Expense
• Materials
• Disbursement (copying, telephone rates, courier services)
Fee Schedule
1. Building Department Related Fees – 80% of all adopted building department fees
Except the following:
• Rental property and associated fees
• Certificate of Occupancy Fees
• A project is defined as the aggregate of the project itself.
• For projects over $100,000,000 up to $199,000,000 in valuation SAFEbuilt will reduce the
percentage of fee split from 80% of fees to 75% of fees associated with the project
• For projects over $200,000,000 up to $299,000,000 in valuation SAFEbuilt will reduce the
percentage of fee split from 75% of fees to 70% of fees associated with the project
• For projects over $300,000,000 up to $399,000,000 in valuation SAFEbuilt will reduce the
percentage of fee split from 70% of fees to 65% of fees associated with the project
• For projects over $400,000,000 up to $499,000,000 in valuation SAFEbuilt will reduce the
percentage of fee split from 65% of fees to 60% of fees associated with the project
• For projects over $500,000,000 in valuation SAFEbuilt will reduce the percentage of fee split
from 60% of fees to 50% of fees associated with the project
• For the avoidance of doubt, this impacts only the percentage of the permit fee split. Hourly
rates for additional/other services, including those for the Rental Program, the Dangerous
Building Program and for code enforcement remain unchanged and will be charged in
addition to the percentage of the permit fee.
2. Liquor License Inspection & Re-Inspection Fees – 80% of fee
3. Hourly Rate Fee - $70.00 (see Section 3.3)
4. Postage Fee - $10,000 maximum annual allowance
5. Dangerous Building Fees
SAFEbuilt will attempt to issue and collect on all tickets and demolition fees from the property owner(s) as
follows:
• When the City pays for a demolition a 20% Administrative Fee shall be applied to the demolition costs
charged to the property owner(s) – Administrative Fee shall be returned to the City after recovery
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• SAFEbuilt shall keep 30% of any demolition cost recovered prior to sending items to collections
excluding the Administrative Fee
• City and SAFEbuilt will share the net after collections 50/50 unless otherwise provided
• Title Search fees shall be paid by the City – if required
• City shall be responsible for collecting any escrow funds
6. Rental Program Fee Schedule – City shall pay SAFEbuilt $27,318.18 per month for the administration of
the Rental Program beginning January 01,2026.
• A 3% inflator will be implemented January 01, 2027 and every January 1st thereafter through December
31, 20289
• A rate-opener will be held to determine the rate for years beginning January 01, 2030 and thereafter
• Rental Program Revenue Sharing shall be a 50/50 split for all revenue in excess of $300,000 annually,
City shall keep first $300,000 in revenue
7. Code Enforcement Program Fee Schedule – City shall pay SAFEbuilt $14,369.37 per month for the
administration of the code enforcement program beginning January 01, 2026.
• A 3% inflator will be implemented January 01, 2027 and every January 1st thereafter through December
31, 2029
• A rate-opener will be held to determine the rate for years beginning January 01, 2030 and thereafter
• Manage cutting and cleanup of City, County or State owned parcels for a $10 fee per work order
• Code Administrative Fees for private lot cleanup that are paid without being submitted to collections will
be retained by SAFEbuilt; fees that are submitted for collection will become part of the collections for the
City
8. Municipal Civil Infractions (MCI) Fee – SAFEbuilt and the City shall receive a 50/50 split of recovered fees
(after going to collection)
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EXHIBIT C: Performance Standards
We use a number of performance measures to gauge the effectiveness of our systems and the efficiency of
our staff. The most visible of quantitative measures are the following:
Area Performance Measurement Goal Comments
Overall Customer Service Ratings 100% SAFEbuilt will utilize customer service surveys to
Department satisfaction determine if department activity is satisfactory for
the end user and to identify areas of strengths and
areas that need improvement.
Administrative Percentage of walk-ins 100% A front counter log will be reviewed each month to
Support experiencing counter wait times ensure that any customer requests or issues are
of less than 10 minutes handled quickly and effectively so as not to be an
inconvenience. The data will be compiled into a
report.
Administrative Percentage of phone 100% Inquiries and complaints from walk-in traffic, emails
Support inquiries/information and phone calls will be tracked and compiled into a
requests/complaints handled report.
within 24 hours
Plan Review Residential (IRC) plan reviews – 100% City of Muskegon permit software should capture
maximum time to first comment this information. If not, SAFEbuilt will utilize its
is 5 business days. proprietary software to provide reporting. The 5
business day’s time frame is a maximum time to
comments. All plans will be reviewed on an As Soon
As Possible (ASAP) basis. Estimated time to
completion will be communicated to applicant.
Plan Review Multi-family plan reviews 100% City of Muskegon permit software should capture
maximum time to first this information. If not, SAFEbuilt will utilize its
comments is 10 business days. proprietary software to provide reporting. The 10
Maximum time to second and 5 business day’s time frames are a maximum
comments is 5 business days time to comments. All plans will be reviewed on an
As Soon As Possible (ASAP) basis. Estimated time to
completion will be communicated to applicant.
Plan Review Small Commercial (<$5M in 100% City of Muskegon permit software should capture
valuation) plan reviews first this information. If not, SAFEbuilt will utilize its
comments within 10 business proprietary software to provide reporting. The 10
days/second comments 5 and 5 business day’s time frames are a maximum
business days time to comments. All plans will be reviewed on an
As Soon As Possible (ASAP) basis. Estimated time to
completion will be communicated to applicant.
Plan Review Large Commercial (>$5M in 100% City of Muskegon permit software should capture
valuation) plan reviews first this information. If not, SAFEbuilt will utilize its
comments within 15 business proprietary software to provide reporting. The 15
days/second comments 10 and 10 business day’s time frames are a maximum
business days time to comments. All plans will be reviewed on an
As Soon As Possible (ASAP) basis. Estimated time to
completion will be communicated to applicant.
Building and All inspections performed 100% City of Muskegon permit software should capture this
Trade within 24 hours of request information. If not, SAFEbuilt will utilize its
Inspections unless otherwise requested by proprietary software to provide reporting. The
applicant maximum time to complete a scheduled inspection is
24 hours – this does not include non business days or
City holidays.
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EXHIBIT D: Lease Agreement
CITY OF MUSKEGON
Landlord
TO
SAFEbuilt Michigan, LLC
Tenant
LEASE
Dated: January 01, 2026
Premises in the City Hall Building
City of Muskegon
County of Muskegon
State of Michigan
Room 201
LEASE
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THIS LEASE, made January 01, 2026, between the City of Muskegon, a Michigan municipality
(“Landlord” or “the City”) of 933 Terrace Street, Muskegon, Michigan, 49440, and SAFEbuilt
Michigan, LLC, (“Tenant”);
ARTICLE I
DEFINITIONS
1.01 DEFINITIONS: As used herein the following terms and phrases shall have the
meanings indicated:
A. Commencement Date: January 01, 2026
B. Term: The period of January 01, 2026 through December 31, 2029 ending
at midnight of the last day. At the end of this period, and upon mutual
agreement of the parties as approved by City Commission, this Lease may
be renewed for up to a two (2) year period.
C. Rent Commencement Date: January 01, 2026
D. Demised Premises: Room 201, which is approx. 3250 square feet of office
space, located on the second floor within the building containing the City of
Muskegon’s City Hall at 933 Terrace Street, Muskegon, Michigan, 49440.
E. Common Areas: All areas, spaces and improvements which Landlord makes
available from time to time for the common use and benefit of Tenant, including, without limitation,
customer parking spaces, roads, walkways, promenades, sidewalks, landscaped and planted
areas, public rest rooms, and those portions of utility and sewer lines and systems and fire
protection and sprinkler alarm systems serving the common use and benefit of Tenant.
F. Landlord: The City of Muskegon, the owner of the fee of the Demised
Premises.
G. Requirements: All laws, statutes, ordinances (including, but not limited to,
building codes and zoning regulations and ordinances), orders, rules, regulations and
requirements of all federal, state, county and municipal governments, and the appropriate
agencies, officers, departments, boards and commissions thereof, and the board of fire
underwriters and/or the fire insurance rating organization or similar organization performing the
same or similar functions, whether now or hereafter in force, applicable to the Building or any part
thereof and/or the Demised Premises or the use or manner of use of the Building or any part
thereof and/or the Demised Premises or the sidewalks and curbs adjacent thereto.
H. The Building: The structure located at 933 Terrace Street, in which the Demised
Premises are located and in which City of Muskegon City Hall is located.
ARTICLE II
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DEMISE AND CONSTRUCTION
2.01 DEMISE. Upon and subject to the terms and conditions of this Lease, Landlord
hereby leases to Tenant, and Tenant hereby hires from Landlord, the Demised Premises, for the
Term. Tenant acknowledges that the dimensions, shape and location of the Demised Premises
as described herein are approximate. Notwithstanding the foregoing, Landlord reserves
exclusively to itself and Tenant shall have no right in and to (a) the use of the exterior faces of all
perimeter walls, (b) the use of the roof, (c) the use of the land, improvements and space below
the bottom of the lower floor slabs of the Demised Premises and above the interior surface of the
ceiling of the Demised Premises, and (d) the use of the improvements and space above the
highest ceiling of the Demised Premises. Landlord also reserves and Tenant shall have no right
in and to the air rights above Tenant's office space.
2.03 FURNITURE. Landlord shall provide any cubicle dividers, desks, file cabinets,
shelves, tables, floor mates, and/or wall document holders that are existing in the Demised
Premises on the Commencement Date. The use of the existing property shall be included in the
Fixed Rent and be included as part of the Demised Premises.
2.04 ACCEPTANCE OF DEMISED PREMISES. Tenant’s occupancy of Room 201 shall
be conclusive evidence against Tenant as an admission that every part of the Demised Premises
is accepted "as is". Landlord shall have no responsibility in any respect for damages to property
of Tenant caused by water, flooding, waves or fluids of any nature or origin whatsoever. Tenant
hereby waives any and all benefits or rights to which Tenant might become entitled by reason of
any and all provisions of law that permit a tenant to make repairs at the expense of a landlord or
to terminate a lease by reason of the condition of the Demised Premises.
ARTICLE III
FIXED RENT AND SECURITY
3.01 PAYMENT OF FIXED RENT. Commencing upon the Rent Commencement Date,
Tenant shall pay rent at the monthly rate of $4.972.50, in advance of the first day of each month
during the Term, except that the rent owed on January 1, 2026 shall be owed and paid upon
execution of this Agreement without proration. The Fixed Rent shall be paid promptly when due,
in lawful money of the United States, without notice or demand and without deduction, abatement,
counterclaim or setoff of any amount or for any reason whatsoever, to Landlord at the address of
Landlord set forth at the head of this Lease or such other address as Landlord may designate or
to such other person as Landlord may designate. Tenant rent shall be subject to a 3% increase
January 01, 2027 and annually thereafter.
3.02 LATE CHARGES AND RETURN CHECK CHARGES. If payment of any Fixed Rent
shall not have been paid by the date on which such amount was due and payable a late charge
equal to the greater of (i) FIFTY DOLLARS ($50.00) and (ii) one and one-half percent (1-1/2%)
per calendar month or any part thereof (or the then maximum lawful interest rate, if less), from the
date on which such amount was due, on the amount overdue shall, at the Landlord's option, be
payable as damages for Tenant's failure to make prompt payment. In addition to any other
penalties or remedies available to Landlord in the event of any late payment by Tenant, if any
check in payment of any Fixed Rent is returned to Landlord by Tenant's bank by reason of
insufficient funds, uncollected funds or otherwise, a return check administrative charge of FIFTY
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DOLLARS ($50.00) shall be payable to Landlord by Tenant. The late charges and return check
administrative charges for any month shall be payable the first day of the following month, and in
default of payment of any such charges, Landlord shall have (in addition to all other remedies)
the same rights as provided in this Lease for nonpayment of Rent. Landlord and Tenant agree
that the foregoing late charges and return check administrative charges represent a reasonable
estimate of the costs which Landlord will incur by reason of late payment by Tenant and returned
checks, and are fair compensation to Landlord for its loss suffered by such late payment or
returned check. Nothing in this Section contained and no acceptance of late charges by Landlord
shall be deemed to extend or change the time for payment of Fixed Rent.
3.03 ACCORD AND SATISFACTION. No payment by Tenant or receipt by Landlord of
any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than
on account of the earliest stipulated Fixed Rent nor shall any endorsement or statement on any
check or letter be deemed an accord and satisfaction, and Landlord may accept any check or
payment without prejudice to Landlord's right to recover the balance due or to pursue any other
remedy available to Landlord.
3.04 SECURITY DEPOSIT: None required
ARTICLE IV
COMMON AREAS AND PARKING
4.01 MAINTENANCE OF AND CHANGES IN COMMON AREAS. Subject to the
provisions of Section 7.04, Landlord will operate, manage, equip, light, repair and maintain, or
cause to be operated, managed, equipped, lighted, repaired and maintained, the Common Areas
for their intended purposes. Landlord reserves the right, at any time and from time to time to
make changes, additions, alterations or improvements in and to such Common Areas provided
same shall not unreasonably block or interfere with Tenant's means of ingress or egress to and
from the Demised Premises.
4.02 USE OF COMMON AREAS. Tenant and its licensees and their respective officers,
employees, agents, customers and invitees, shall have the non-exclusive right, in common with
Landlord and all others to whom Landlord has granted or may hereafter grant such rights.
Landlord reserves the right, at any time and from time to time, to close temporarily all or any
portions of the Common Areas for any of the following purposes when in Landlord's reasonable
judgment any such closing is necessary or desirable: to make repairs or changes therein or to
effect construction, repairs or changes, to prevent the acquisition of public rights in such areas, to
protect or preserve persons or property and Landlord may do such other acts in and to the
Common Areas as in its judgment may be desirable. While conducting business after regular
business hours on weeknights or weekends, Tenant may access the public restrooms. Tenant’s
clients may be permitted to use the public restrooms but are not permitted to enter any other part
of the City Hall building closed to the public after regular business hours on weeknights and
weekends.
4.03 PARKING. Tenant and its officers, agents, and employees shall have the non-
exclusive access to park their vehicles only in areas from time to time designated by Landlord as
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the areas for such parking. Tenant shall, upon written notice from Landlord, within five (5) days,
furnish Landlord, or its authorized agent, the State automobile license tag number assigned to its
vehicle or vehicles and the vehicles of all of its officers, agents and employees employed in the
Demised Premises. Landlord, after notice to Tenant that Tenant or any of its officers, agents or
employees are not parking in said designated parking areas or off-premises, as applicable, may,
at its option, in addition to any other remedies it may have, tow away such vehicles at Tenant's
expense.
ARTICLE V
UTILITIES AND SERVICES
5.01 UTILITIES AND MECHANICAL MAINTENANCE. Landlord shall furnish heat,
electricity and water/sewer utilities serving Tenant and charges for said utilities shall be included
in the Fixed Rent. Tenant shall make all necessary arrangements for internet services and shall
be responsible for all associated charges for said utilities. The City of Muskegon will provide phone
land lines and bill SAFEbuilt Michigan, LLC at actual cost with no markup. Separate telephone
and internet lines are required for Tenant that shall not be connected to the telephone or internet
systems used by City employees in the building.
ARTICLE VI
USE AND ENJOYMENT OF DEMISED PREMISES
6.01 PERMITTED USES. Tenant shall use the Demised Premises solely for the purpose
of conducting the business of SAFEbuilt Michigan, LLC and Tenant shall not use or permit or
suffer the use of the Demised Premises for any other purpose whatsoever. The City of Muskegon
will allow SAFEbuilt Michigan, LLC to service other W. Michigan communities form the leased
space within City Hall. Tenant shall not advertise its services by stating it conducts business in
Muskegon City Hall or in any way suggest the City endorses Tenant’s services because of this
Lease agreement. Marketing brochures, business cards and all forms of advertising may state
the address of the building of the Demised Premises but may not refer to “City Hall” so as to
suggest a connection between SAFEbuilt Michigan, LLC and the City beyond that of Tenant and
Landlord. Tenant acknowledges that Muskegon City Hall is open to the public between the hours
of 8:30 a.m. to 5:00 p.m. Monday through Thursday and for morning and evening meetings before
or after those hours on certain days. City retains the right to change City Hall hours in its sole
discretion. Tenant waives any claim or cause of action regarding the nonavailability of the office
space during emergency periods when, due to electrical power outages, police or fire situations
or acts of nature that City Hall remains closed to Tenant.
6.02 SIGNS. Tenant shall provide a suitable identification sign or signs of such size,
design and character as Landlord shall designate and/or approve, and Tenant shall install same
on the door to Suite 201. All costs of fabricating, constructing, installing, operating, maintaining
and removing any and all such identification signs shall be borne by Tenant. Other than such
permitted signs, Tenant shall not place or install, or permit or suffer to be placed or installed, or
maintain, any sign upon or outside of the Demised Premises or in any part of the building unless
approved by Landlord. Tenant shall not place, install or maintain, or permit or suffer to be placed,
installed or maintained, on the exterior of the Demised Premises, any awning, canopy, banner,
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flag, pennant, aerial, antenna or the like, nor place or maintain on the interior or exterior of the
glass of the windows or the doors of the Demised Premises any sign.
6.03 COMPLIANCE WITH LAWS. Tenant shall comply with the certificate of occupancy
relating to the Demised Premises and with all Requirements. Without limiting the generality of
the foregoing, Tenant shall not engage in any activity on or about the Demised Premises that
violates any Requirement(s) pertaining to environmental laws or hazardous substances and shall
take all investigatory and/or remedial action required by any governmental agency or applicable
Requirements for cleanup and removal of any contamination involving any hazardous substance
created or caused, directly or indirectly, by Tenant.
6.04 ACCESS TO PREMISES AND EXCAVATION. Landlord shall have the right to enter
upon and in the Demised Premises at all reasonable times to examine the same and to make
such repairs, alterations, improvements and additions in the Demised Premises as Landlord may
deem necessary, and Landlord shall be allowed to take all materials into and upon the Demised
Premises that may be required therefor without the same constituting an eviction of Tenant, in
whole or in part, and the Fixed Rent shall in no way abate while such repairs, alterations,
improvements or additions are being made by reason of loss or interruption of the business of
Tenant due to the prosecution of any such work; provided, however, Landlord shall use
reasonable efforts not to unreasonably interfere with or interrupt Tenant's business in the Demised
Premises, but in no event shall Landlord be required to incur any additional expense for work to
be done during hours or days other than regular business hours and days.
6.05 MECHANICS' LIENS. Nothing contained in this Lease shall be deemed, construed
or interpreted to imply any consent or agreement on the part of Landlord to subject Landlord's
interest or estate to any liability under any mechanic's or other lien law. If any mechanic's or other
lien or any notice of intention to file a lien is filed against the City, or the Demised Premises, or
any part thereof, for any work, labor, services or materials claimed to have been performed or
furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through
or under Tenant, Tenant shall cause the same to be canceled and discharged of record by
payment, bond or order of a court of competent jurisdiction within 20 days after the earlier to occur
of (i) such lien or notice becoming of record or (ii) the giving of notice by Landlord to Tenant.
Landlord shall have the right to post any notices of non-responsibility which Landlord may deem
necessary for the protection of Landlord and Landlord's interest in the Demised Premises from
mechanics' liens or liens of a similar nature; and Tenant shall, before the commencement of any
work which might result in any such lien, give written notice to Landlord of its intention to do so in
sufficient time to enable the posting of such notices.
ARTICLE VII
ALTERATIONS, REPAIRS AND CHANGES
7.01 ALTERATIONS BY TENANT. Tenant shall not make or cause to be made any
improvements, alterations, additions, changes, replacements or installations to the Demised
Premises, or make any holes or cuts in the walls, ceilings, roofs, or floors thereof, or architectural
treatment of the Demised Premises, without on each occasion first obtaining the consent of
Landlord, and if such consent is granted, Tenant shall carry such worker's compensation and
general liability insurance and such other insurance as Landlord may require, naming Landlord
as an additional insured. In no event whatsoever shall Tenant make any penetrations into the
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roof deck or the concrete slab or any fire wall without having obtained Landlord's prior written
consent, which consent, it is expressly understood and agreed by Tenant may be given or withheld
by Landlord in Landlord's sole and absolute discretion, and which consent may be expressly
conditioned upon Landlord, at Tenant's sole cost and expense, performing such work on Tenant's
behalf and/or overseeing the performance of such work by Tenant to Landlord's satisfaction.
Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's
consent is sought. Any such improvements, alterations, additions, changes, replacements or
installations will be performed in a good and workmanlike manner in accordance with the
approved plans and specifications and in compliance with all Requirements and shall be
performed and completed by Tenant in an expeditious manner. The cost of such improvements,
alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent
so that the Demised Premises shall at all times be free of liens for work, labor, services or
materials claimed to have been performed or furnished for or on behalf of Tenant or anyone
holding any part of the Demised Premises through or under Tenant. All contractors and
subcontractors performing work in or to the Demised Premises shall be approved by Landlord
prior to the performance of any such work.
7.02 REPAIRS BY LANDLORD. Landlord shall make necessary structural repairs to the
Demised Premises (but excluding windows and window frames, doors, plate glass, store fronts,
showcases and signs) and shall keep in good condition and repair the foundations and roof of the
Demised Premises and those portions of the utility systems that are for common use. Landlord
shall not be required to make any such repairs where same were caused or occasioned by any
act, omission or negligence of Tenant, or licensees of Tenant, or any of their respective officers,
employees, agents, customers, invitees or contractors. Landlord shall not be required to
commence any such repair until notice shall be received from Tenant specifying the nature of the
repair. The provisions of this Section shall not apply in the case of damage by fire or other casualty
or by eminent domain, in which event the obligations of the parties shall be as provided in other
Sections of this Lease. All costs and expenses incurred by Landlord pursuant to the provisions
of this Section shall be deemed to constitute Common Area costs.
7.03 REPAIRS AND MAINTENANCE BY TENANT. Except for repairs required to be
performed by Landlord under Section 7.02, Tenant shall make all repairs and replacements to,
and shall keep clean, neat, safe, sanitary, in good order, repair and condition (including all painting
and decorating necessary to maintain at all times a clean and sightly appearance) and free of
vermin, the Demised Premises, including both inside and the outside, and any equipment,
facilities, fixtures and systems therein. In making repairs, Tenant shall use materials equal in kind
and quality to the original work. Tenant shall repaint and refurbish the Demised Premises at
reasonable periodic intervals to assure that the Demised Premises is kept in a first-class and
attractive condition through the Term. All alterations and repairs hereunder shall be subject to the
requirements and conditions set forth in Section 7.01 hereinbefore and shall be performed by
contractors approved by Landlord, and all such work shall conform to existing structures and
quality of the building.
7.04 CHANGES BY LANDLORD. Landlord reserves the right, at any time and from time
to time, to increase, reduce or change the number, type, size, location, elevation, nature and use
of any of the Common Areas including, without limitation, the right to move and/or remove same
and to add additional stories thereon, provided same shall not unreasonably block or interfere
with Tenant's means of ingress or egress to and from the Demised Premises.
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7.05 LANDLORD'S CONSENT. In no event shall Landlord be required to consent to any
improvements, alterations, additions, changes, replacements or installations which, when
completed, will, in Landlord's judgment, be of such a character which will reduce the value,
rentability or usefulness of the Demised Premises or which will affect the facade, mechanical,
electrical or structural components of either the Demised Premises or the building or which would
reduce the Floor Space of the Demised Premises.
7.06 FIRE OR CASUALTY; CONDEMNATION. In the event the Demised Premises are
totally destroyed by fire, wind, or other causes beyond the control of the Landlord, or are
condemned or otherwise taken by authority of local, state or federal government, then in any of
these events the lease Term shall cease and terminate as of the date of such destruction,
condemnation or taking. In the event of any loss or damage by fire or other casualty for which
the building or improvements on the Demised Premises may be insured, all amounts payable
upon any policy or policies of insurance shall be paid to Landlord. If the Demised Premises are
damaged by fire, rain, wind or other such causes, so as to render the same partially untenable or
partially unfit for use, but are repairable within a reasonable time, then this Lease shall remain in
full force and effect, but Tenant’s rent shall be proportionately reduced until the Demised Premises
are repaired.
ARTICLE VIII
INSURANCE AND INDEMNITY
8.01 INSURANCE BY TENANT. A. Tenant shall maintain the following insurance at
Tenant's sole cost and expense: (a) commercial general public liability insurance covering the
Demised Premises and the conduct or operation of business therein, naming Landlord as
additional insured, with limits of not less than $1,000,000 combined single limit for bodily injury or
death and for property damage, including water damage and sprinkler leakage liability, (b) fire
and extended coverage insurance covering Tenant's stock in trade, fixtures, furniture, furnishings,
removable floor coverings, equipment, signs and all other property of Tenant in the Demised
Premises to the extent of one hundred (100%) percent of the full insurable value of the property
covered and not less than the amount sufficient to avoid the effect of the co-insurance provisions
of the applicable policy or policies, (c) comprehensive automobile liability insurance including
owned, non-owned and hired car coverage in an amount not less than $3,000,000 combined
single limit per occurrence for bodily injury or death and for property damage, and (d) any other
insurance required for compliance with any Requirements. Tenant shall deliver to Landlord and
any additional insured specified by Landlord to Tenant such fully paid-for-policies or certificates
evidencing such coverage before the Commencement Date. Tenant shall procure and pay for
renewals of such insurance from time to time before the expiration thereof, and Tenant shall
deliver to Landlord and any additional insured such renewal policy or certificates evidencing such
renewal at least 30 days before the expiration of any existing policy. All such policies shall be
issued by companies of recognized responsibility licensed to do business in the state in which the
Demised Premises is located and having a general policy holder's rating of not less than A, and
financial ratings of not less than Class VIII as rated in the most current "Best's" Insurance Reports,
and all such policies shall contain a provision whereby the same cannot be canceled or modified
unless Landlord and any additional insured are given at least 30 days prior written notice by
certified or registered mail of such cancellation or modification.
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B. Tenant shall require any contractor of Tenant performing work in, on or about
the Demised Premises to take out and keep in full force and effect, at no expense to Landlord (a)
commercial general public liability insurance in respect of the Demised Premises, and the conduct
of its work therein, naming Landlord as additional insured, with limits of not less than $3,000,000
combined single limit for bodily injury or death and for property damage, including water damage
and sprinkler leakage legal liability; (b) workers' compensation or similar insurance in form and
amounts required by law (but in no event less than a combined single limit of $1,000,000 per
occurrence); and (c) comprehensive automobile liability insurance including owned, non-owned
and hired car coverage in an amount not less than $3,000,000 combined single limit per
occurrence for bodily injury or death and for property damage.
C. It is understood and agreed by naming Landlord as an additional insured,
coverage afforded is considered to be primary and any other insurance Landlord may have in
effect shall be considered secondary and/or excess. It is further understood and agreed that thirty
(30) days advance written notice shall be given to Landlord of cancellation, non-renewal, reduction
and/or material change of any required insurance policy.
8.02 INCREASE IN PREMIUMS. Tenant shall not do, permit or suffer to be done any
act, matter, thing or failure to act in respect of the Demised Premises or use or occupy the
Demised Premises or conduct or operate Tenant's business in any manner objectionable to
insurance companies whereby the fire insurance or any other insurance now in force or hereafter
to be placed on the Demised Premises or the building or any part thereof shall become void or
suspended or bring or keep anything upon the Demised Premises which shall increase the rate
of premiums of insurance on the Demised Premises or the building or any part thereof or on the
property located therein. If by reason of failure of Tenant to comply with the foregoing provisions
of this Section, any premiums in respect of insurance maintained by Landlord shall be higher than
those which would normally have been in effect, then Tenant shall be liable to Landlord as
hereinafter set forth. In case of a breach of this covenant, in addition to all other rights and
remedies of Landlord hereunder, Tenant shall (a) indemnify Landlord and hold Landlord harmless
from and against any loss which would have been covered by insurance which shall have become
void or suspended because of such breach by Tenant and (b) pay to Landlord any and all
increases of premiums on any insurance, including, without limitation, rent insurance, resulting
from any such breach. In addition to the foregoing, Tenant will, if Landlord so requests, cease
any action and/or remove any objects or improvements which have resulted in increases in
Landlord's insurance premiums.
8.03 INDEMNIFICATION AND RELEASE. In the event legal proceedings are threatened
or filed against either party involving in any manner the performance of this Lease, notification
shall be given to the other party, including any knowledge or information which may result in a
claim against either of them, and cooperation shall take place between the parties whenever any
claim is filed against either party, involving in any manner the performance of this Lease. Tenant
shall defend and indemnify Landlord and shall hold Landlord harmless from and against any and
all injuries, losses, claims, actions, damages, liabilities and expenses (including attorneys' fees
and expenses) to persons or property arising from, related to or in connection with the use or
occupancy of the Demised Premises or the conduct or operation of business therein or any default
in the performance of any obligation of Tenant under this Lease. Landlord shall not be liable or
responsible for, and Tenant hereby releases Landlord from, all liability or responsibility to Tenant
or any person claiming by, through or under Tenant, by way of subrogation or otherwise, for any
loss or damage to any property in or around the Demised Premises or to Tenant's business
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irrespective of the cause of such loss or damage, and Tenant shall require its insurer(s) to include
in all of Tenant's casualty insurance policies which could give rise to a right of subrogation against
Landlord a clause or endorsement whereby the insurer(s) shall waive any rights of subrogation
against Landlord. If Landlord shall, without fault on its part, be made a party to any litigation
commenced by or against Tenant, Tenant shall indemnify and hold Landlord harmless from and
against all costs, expenses and reasonable attorneys' fees incurred or paid by Landlord in
connection with such litigation.
ARTICLE IX
MISCELLANEOUS
9.01 ASSIGNMENT OR SUBLETTING. Tenant shall not assign or sublet its rights under
this Lease.
9.02 RENEWAL. This Lease may be renegotiated for additional terms following the
completion of the current Term.
9.03 DEFAULT AND REPOSSESSION. If the Demised Premises shall be deserted or
vacated, or if there shall be a default in the payment of rent or any part thereof for more than
seven days after written notice of such default by the Landlord, or if there shall be default in the
performance of any other covenant, agreement, condition, rule or regulation herein contained or
incorporated herein by reference for more than seven days after written notice of such default by
the Landlord, this Lease (if the Landlord so elects) shall thereupon become null and void, and the
Landlord shall have the right to reenter or repossess the Demised Premises, either by summary
proceedings, surrender, or otherwise, and dispossess and remove therefrom the Tenant, or other
occupants thereof, and their effects, without being liable to any prosecution therefor. Tenant
agrees to pay all expenses and damages incurred by Landlord as a result of Tenant’s default,
including Landlord’s reasonable attorney fees. If Tenant shall fail to perform any of its obligations
hereunder, Landlord may, if it so elects, and after five days' prior notice to Tenant, cure such
default at Tenant’s expense, and Tenant agrees to reimburse Landlord (as additional rent) for all
costs and expenses incurred as a result thereof upon demand.
9.04 NULL AND VOID. This Lease runs with an Agreement for Professional Services,
entered into by and between the City of Muskegon and SAFEbuilt Michigan, LLC, and (if the
Landlord so elects) shall become null and void at the expiration or termination of the Agreement
for Professional Services. The Agreement for Professional Services runs with this Lease and (if
the Landlord so elects) shall become null and void at the expiration or termination of this Lease.
9.05 OWNERSHIP OF IMPROVEMENTS AND PERSONAL PROPERTY. All
installations, alterations, additions, betterments and improvements upon the Demised Premises,
made by any party, shall become the property of Landlord when installed and shall remain upon
and be surrendered with the Demised Premises as a part thereof at the expiration or sooner
termination of the Term. Movable trade fixtures and other personal property which Tenant installs
at its own expense shall remain Tenant's property and may be removed at any time provided
Tenant promptly repairs any damage caused by such removal and provided further that Tenant
shall not then be in default under this Lease.
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9.06 END OF TERM. At the expiration or sooner termination of the Term, Tenant shall
quit and surrender to Landlord the Demised Premises, broom clean and in good order and
condition, ordinary wear and tear and damage by fire and any other insured casualty excepted.
At such expiration or sooner termination Tenant shall remove all property of Tenant and its
signage and at the option of Landlord, shall remove any or all alterations and other improvements
made by Tenant to the Demised Premises as designated by Landlord and Tenant shall repair all
damage to the Demised Premises caused by such removal and restore the Demised Premises to
the condition in which they were at the Commencement Date. Such removal, repair and
restoration shall be effected in accordance with the rules and regulations, including construction
rules and guidelines, of Landlord. It is agreed that any holding over by the Tenant upon expiration
of the Term of this Lease or any renewal or extension hereof, shall operate as an extension of
this Lease from month to month only.
9.07 WAIVER OF JURY TRIAL AND RIGHT TO COUNTERCLAIM. Landlord and
Tenant shall and they hereby do waive trial by jury in any action, proceeding or counterclaim
brought by either of the parties hereto against the other on any matters arising out of or in any
way connected with this Lease, the relationship of Landlord and Tenant, Tenant's use or
occupancy of the Demised Premises, and any emergency or other statutory remedy. Tenant
further agrees that it shall not interpose any counterclaim(s) in a summary proceeding or in any
action based on holdover or non-payment of Fixed Rent.
9.08 NO WAIVER. The failure of Landlord to insist in any one or more cases upon the
strict performance or observation of any obligation of Tenant hereunder or to exercise any right
or option contained herein shall not be construed as a waiver or relinquishment for the future of
any such obligation of Tenant or any right or option of Landlord. Landlord's receipt and
acceptance of Fixed Rent, or Landlord's acceptance of performance of any other obligation by
Tenant, with knowledge of Tenant's breach of any provision of this Lease, shall not be deemed a
waiver of such breach. No consent, approval or waiver, express or implied, by Landlord or Tenant
to or of any breach of any covenant, agreement or obligation, of Landlord or Tenant shall be
construed as a consent or waiver to or of any other breach of the same or any other covenant,
agreement or obligation unless in each case in writing signed by Landlord or Tenant, whichever
the case may be. Landlord's failure during the Term to prepare and deliver to Tenant any bill,
statement or notice with respect to any item of Fixed Rent or any increases thereto by operation
of any provision of this Lease, shall not in any way cause Landlord to forfeit or surrender its right
to collect any item of Fixed Rent which may become due during the Term nor shall such failure
extend the date(s) on which any such items of Fixed Rent is due. In no event shall Landlord be
deemed to have any obligation to bill any item of Fixed Rent or any increases thereto. IN NO
EVENT SHALL LANDLORD BE LIABLE FOR THE ACTS OF ANY TENANT OR OCCUPANT. IN
ADDITION, IN NO EVENT SHALL LANDLORD BE LIABLE FOR SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, TENANT'S
LOST PROFITS OR GOOD WILL.
9.09 QUIET ENJOYMENT. Landlord covenants that Tenant, on paying the Fixed Rent
and performing all of Tenant's obligations under this Lease, shall peacefully and quietly have, hold
and enjoy the Demised Premises, the Common Areas and the appurtenances throughout the
Term without hindrance, ejection or molestation by any person lawfully claiming under Landlord,
subject to the terms and provisions of this Lease and to all mortgages and ground and underlying
leases of record to which this Lease may be or become subject and subordinate. The parties
acknowledge that as of the date of signing this Lease, the City is one of Tenant’s clients and uses
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Tenant’s business services. Leasing space within the City Hall building is in no way to be
construed as entering into an employer-employee relationship.
9.10 NOTICES. Any notice, demand, waiver, approval or consent hereunder shall be in
writing and shall be deemed duly served if mailed by registered or certified mail, postage prepaid,
in any post office station or letter box in the continental United States, return receipt requested,
or sent by reputable overnight carrier with delivery charges prepaid and proof of delivery service
to be provided, addressed:
If to Tenant, to it at the address Tenant shall have last designated by notice to Landlord.
If to Landlord, to it at 933 Terrace St., Muskegon, MI 49440; Attention: City Manager or such
other address as Landlord shall have last designated by notice to Tenant. With a copy to,
Parmenter O’Toole at 601 Terrace Street, Muskegon MI 49440; Attention: Muskegon City
Attorney.
Such notice, demand, waiver, approval or consent shall be deemed served two (2) days after
mailing, or the next business day if sent by reputable overnight carrier.
9.11 LEGAL EXPENSES. If a suit be brought for recovery of possession of the Demised
Premises, for the recovery of Fixed Rent, or because of the breach of any other covenant,
agreement or condition on the part of Tenant to be kept or performed, or a violation of any rules
and regulations promulgated pursuant to this Lease and a breach shall be established, Tenant
shall pay Landlord all expenses incurred in connection therewith, including appeals of the above,
including reasonable attorneys' fees and expenses. In case any such suit is settled before
judgment is entered therein, such costs, expenses and fees, including reasonable actual attorney
fees, shall nevertheless be recoverable by Landlord as part of said settlement.
9.12 INTERPRETATION. Irrespective of the place of execution or performance, this
Lease shall be governed by and construed in accordance with the laws of the state of Michigan.
9.13 LANDLORD'S RIGHTS. The taking of any action permitted hereunder by Landlord
shall not be construed or deemed to be a forcible or unlawful entry into or a detainer of the
Demised Premises, or an eviction, partial eviction or constructive eviction of Tenant from the
Demised Premises or any portion thereof and shall not relieve Tenant of its obligations under this
Lease.
9.14 COMPLETE AGREEMENT. There are no representations, agreements,
arrangements or understandings, oral or written, between the parties relating to the subject matter
of this Lease that are not fully expressed in this Lease. This Lease cannot be changed or
terminated orally or in any manner other than by a written agreement executed by both parties.
In making and executing this Lease, Tenant has relied solely on such investigations, examinations
and inspections as Tenant has chosen to make or has made and Tenant acknowledges that
Landlord has afforded Tenant the opportunity for full and complete investigations, examinations
and inspections.
9.15 SEVERABILITY. Should any one or more of the provisions of this Lease be
determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
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enforceability of the remaining provisions of this Lease shall not in any way be impaired or
affected.
9.16 COUNTERPARTS. This Lease may be executed in any number of counterparts,
each of which shall be an original, but all of which shall together constitute but one Lease.
9.17 TIME OF THE ESSENCE. Time is of the essence of each term, covenant, condition
and obligation of this Lease.
9.18 INDEPENDENT CONTRACTOR STATUS. Nothing in this Lease shall be deemed to
alter Tenant’s independent contractor status in relationship to Landlord. This Lease shall not
create an employee-employer relationship between Tenant and Landlord. At no time during the
Term of this Lease shall the City be the source of the majority of SAFEbuilt Michigan’s work.
IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the
day and year first above written.
LANDLORD:
City of Muskegon, a Michigan municipal corporation
By: _____________________________________
Ken Johnson, Mayor
By: _____________________________________
Ann Meisch, City Clerk
TENANT:
SAFEbuilt Michigan, LLC
By:__________________________________
Name:_______________________________
Title:________________________________
(Tenant's Federal Taxpayer Identification
Number is - 27-1314735 )
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 9, 2025 Title: Zoning Ordinance Amendment - Permitted
Yard Encroachments SECOND READING
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff-initiated request to amend Section 2307 of the zoning ordinance to modify the permitted yard
encroachment criteria.
Detailed Summary & Background:
This amendment is to clarify some information found in Section 2307 (permitted yard encroachments)
of the zoning ordinance. The amendment will clean up some language regarding porches that
encroach on the front setback requirement and will also allow steps on a porch to encroach a little
further than currently allowed. This amendment will also eliminate #4 in the section that describes
regulations for subdivisions that were 90% developed prior to 1940. Zoning reform has replaced the
need for these requirements. Please see the redline version of the amendments in the attachments.
The Planning Commission unanimously recommended approval of the request at their November 13
meeting.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Zoning Ordinance
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move the request to amend Section 2307 of the zoning ordinance to modify the permitted yard
encroachment criteria be approved.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X No
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Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 233 of 434
ARTICLE XXIII – GENERAL PROVISIONS
SECTION 2305: REDUCTION OF PARCELS BELOW MINIMUM REQUIRED SIZE, WIDTH, OR DEPTH
No parcel, whether or not platted as a lot, shall be split or reduced in size, width, or depth by any conveyance,
survey, leasing, occupancy, or other means which creates a parcel substandard in size, width, or depth according
to the requirements of this zoning ordinance. The splitting of a lot or parcel to add to another shall not be
allowed unless the remaining portion is of legal size, width, and depth for the zone where the split parcel is
located, or it is simultaneously combined by conveyance with a contiguous parcel which will thereafter be of
legal size, width, and depth. Further, if contiguous nonconforming lots or parcels whether or not of record, are
under common ownership or control, they shall be combined to meet the provisions of this Ordinance prior to
permitting future site development or the issuance of a building permit.
SECTION 2306: ALLOCATION OF LOT AREAS & CONFIGURATION OF LOTS
1. Setback and yard allocations: No portion of a lot can be used more than once in complying with the
provisions for lot area and yard dimensions for construction or alteration of buildings.
2. Corner Lots: Corner lots shall have the minimum lot width and front setback as required by that zoning
district for each property line which is adjacent to a public or private road.
a. A corner lot shall have the required front setback measured from both the principal and
secondary front lot lines.
b. The remaining setbacks shall be a rear and a side setback. The rear setback shall be measured
from the rear lot line.
c. The driveway of the principal building on a corner lot shall be located on the secondary front lot
line.
d. The width of a corner lot shall be determined by the length of the principal front lot line.
3. Width to depth ratios: The depth of lot(s) or parcel(s) created in all zoning districts after the effective
date of this Ordinance shall not be more than three (3) times longer their width.
4. Frontage required: All parcels shall have the required minimum lot width along and adjacent to a public
road or approved private road.
SECTION 2307: PERMITTED YARD ENCROACHMENTS
Encroachments may be made upon required yards under the following conditions:
1. Architectural elements: Existing buildings or structures shall be permitted to encroach upon the
minimum setback requirements of this Ordinance with architectural elements that are necessary to the
integrity of the structure of the building, or health or safety of the occupants such as cornices, gutters,
chimneys, pilasters, outside stairways, fire escapes, and similar features. Such features may project into
a required setback area no more than five (5) feet.
2. Patios, porches and decks: Patios and uncovered decks no more than two feet above grade may be built
to the rear or side property line where an established fence line exists. If no established fence line exists,
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ARTICLE XXIII – GENERAL PROVISIONS
patios and uncovered decks no more than two feet above grade must be a minimum of three (3) feet
from rear and side property lines. All decks or porches more than two feet above grade, must comply
with the setback requirements of the principal structure.
3. Unenclosed structures, front yard: Unenclosed porches, steps or similar facilities and stoops (not
including steps) may project into a required front setback and beyond a required front build-to-zone for
a distance not to exceed five (5) ten (10) feet, but shall be no closer than five (5) feet to the front property
line. Steps may completely encroach into the front setback or front build-to-zone, but shall not extend
beyond the front property line. In the case of a handicap wheelchair ramp, the Zoning Administrator may
waive setback requirements at his/her their discretion, if no other options are available to provide a
ramp, provided that the applicant agrees to remove the ramp if it is no longer necessary on the property.
A performance letter or performance guarantee may be required.
4. Additions: Additions to homes on minor streets (not collectors), built in subdivisions ninety percent
(90%) developed with homes prior to 1940 may encroach upon existing yards so long as:
a. A minimum 10 foot front setback is maintained
b. A minimum 15 foot rear setback is maintained
c. Lot coverage, with accessory structures does not exceed 50%
d. The addition does not further encroach upon existing side yards
SECTION 2308: OUTDOOR SEATING
Outdoor seating for restaurants, cocktail lounges, and similar uses is permitted, provided:
1. The area devoted to outdoor seating must be ancillary to the main use of an indoor restaurant, cocktail
lounge, bakery, coffee shop, delicatessen, specialty food store, or similar establishment.
2. Where City bollards are located, they shall be treated as the curb as it pertains to this ordinance. These
bollards may be moved by the City. When the City bollards are to be moved, the outdoor seating area
may be moved, and it is the responsibility of the property owner to make sure the outdoor seating area
is still in compliance with this ordinance.
3. Pedestrian circulation and access to the building entrance shall not be impaired (see Figure 2-10). A
minimum of six (6) feet of sidewalk leading to the entrance to the establishment must be maintained
free of tables, chairs, and other encumbrances. Pedestrians must have at least six (6) feet of clearance
between the outdoor seating area and the building or at least six (6) feet of clearance between the
outdoor seating area and the curb or City bollards. Pedestrians must always have at least four (4) feet of
clearance around any fixed object. This distance is increased to six (6) feet if the pedestrian is directed
towards the curb/City bollard or any other area with a drop off such as a planting bed.
4. The seating area shall be limited to the same property directly adjacent to the permitted use to which
the seating area is accessory and shall not extend into adjoining sites.
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CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 2307 of the zoning ordinance to modify the regulations on permitted yard
encroachments.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The regulations on permitted yard encroachments have been amended as proposed.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
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CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 25th day of November, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.
DATED: ___________________, 2025. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
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CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on November 25, 2025, the City Commission of the City of Muskegon
adopted an ordinance to amend Section 2307 of the zoning ordinance to amend the regulations on
permitted yard encroachments.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2025. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 9, 2025 Title: Zoning Ordinance Amendment - Residential
Design Criteria SECOND READING
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff-initiated request to amend Section 2319 of the zoning ordinance to modify the residential design
criteria.
Detailed Summary & Background:
These minor amendments are to address some incorrect information in the zoning ordinance that
was created when zoning reform was approved. These changes would also require a house to have
a door at the front of the house, which is not required as of now. The numbering of the design
requirements has also been updated. Please see the redline version of the ordinance excerpt that is
attached.
The Planning Commission unanimously recommended approval of the request at their November 13
meeting.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Zoning Ordinance
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move the request to amend Section 2319 of the zoning ordinance to modify the residential design
criteria be approved.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X No
Head
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Information
Technology
Other Division Heads
Communication
Legal Review
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ARTICLE XXIII – GENERAL PROVISIONS
9. The cottage court development must contain a common, shared open space that is at least twenty (20)
feet but no more than sixty (60) feet in width and landscaped in grass, ground cover, perennials, and/or
other natural, living, landscape material.
10. All housing units that do not front on a street must front and have their main entrance face the shared
open space.
11. The lot must be serviced by an alley at the side or rear of the lot or, if an alley is not available, from a
single drive approach on a side street. If both an alley and side street is not available, parking may be
accessed from a single drive approach on a front street.
12. All units must meet the living area standards listed in Section 2319, and each unit shall not exceed a
maximum building footprint of 30’x30’.
13. Building facades facing streets or the shared open space shall have 10% to 50% of the facade be windows
between the adjacent grade and the cornice expression line or eave.
14. Accessory dwelling units are not permitted in cottage court developments.
SECTION 2319: RESIDENTIAL DESIGN CRITERIA
It is the intent and purpose of this section to establish design review standards and controls over housing
development in the City of Muskegon. It is recognized that there are unique design aspects inherent in the
community appearance that need to be preserved and enhanced. The adoption of these criteria will guide and
ensure that all future growth fits with the unique vernacular of the City of Muskegon’s urban setting. A positive
community image: enhances economic development opportunity; safeguards property values; curbs blight and
deterioration; and enhances public safety and welfare.
All single-family houses, duplexes, rowhouses and small multiplexes (3-6 units), other than a mobile home
located in a licensed mobile home park approved under the provisions of Article V, MHP Mobile Home Park
Districts, shall conform to the following regulations in addition to all other regulations of this Ordinance:
1. Each dwelling unit shall have a minimum living area of five hundred and fifty (550) square feet for a one
(1) bedroom dwelling. For each bedroom, an additional 100 square feet shall be provided. This shall be
measured from the outside wall of the unit as described on the site plan.
2. If a principal structure is less than 850 square feet and is to be located on a lot that is large enough to
split under the zoning regulations, it must be placed in such a fashion as to allow enough room to split
the lot and create an additional buildable lot. The lot does not actually have to be split at the time of
construction and may be done at a later date at the property owner’s discretion.
3. All buildings located in Neighborhood Residential districts must comply with Section 400.2 of the zoning
ordinance. Multiple family dwellings are only allowed in single-family residential districts if the home has
already been altered with prior approval to allow for multiple dwellings.
4.3. Roof drainage in the form of a roof overhang of at least twelve inches (12”) shall be provided to
direct storm or meltwater way from the foundation, unless a gambrel roof or other design elements
necessitate an alternative roof drainage system.
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ARTICLE XXIII – GENERAL PROVISIONS
5.4. The building shall have a minimum width across the front elevation view which is the lesser of:
a. Twenty-four (24) feet on lots that are at least forty feet wide or
b. The average width of the homes on the same street, one block in any direction.
6.5. A structure with a front elevation view of over 40 linear feet shall have a design offset including
but not limited to; bay windows, covered porches, or structural offsets from the principal plane of the
building.
6. The main entrance to the principal structure is required to be located at the front and shall be directly
accessed from and face the front street. In the case where a building contains multiple dwelling units, at
least one individual entrance or shared entrance to the principal structure is required to be located at
the front and shall be directly accessed from and face the front street.
7. In the case of an attached garage, garage doors may not comprise more than fifty percent (50%) of the
width of the front elevation view.
8. In the event that a dwelling unit is a mobile home as defined herein, it shall be installed with the wheels
removed. No dwelling unit shall have any exposed towing mechanism, undercarriage or chassis.
9. The subject building shall be aesthetically compatible in design and appearance with other buildings on
the same street, one block in any direction. The review shall include but not necessarily be limited to:
roof pitch, scale, size, mass, minimum transparency, orientation to the street, and overhangs. The
foregoing shall not be construed to prohibit innovative design concepts involving such matters as (but
not limited to) solar energy, view, or unique land contour.
10. The compatibility of design and appearance shall be determined in the first instance by the Zoning
Administrator upon review of the plans submitted for a particular building. The Zoning Administrator’s
decision may be appealed, to the Zoning Board of Appeals within a period of fifteen (15) days from the
receipt of notice to the official’s decision.
11. Each building shall have established vegetative ground cover no less than 12 months after occupancy.
Approval shall be given by zoning staff of the Planning Department as part of the initial residential site
plan review. A minimum of one shade tree, two and one-half inches (2.5”) in diameter, four feet (4’)
from the ground or one six foot (6’) evergreen tree shall be provided. Existing landscaping may be
accepted in lieu of this requirement.
12. Each building shall have a garage or a shed providing a minimum of sixty-four (64) square feet of storage.
All dwelling units within large multiplexes (6 units and above), mixed-use buildings, and accessory dwelling units
shall conform to the following regulations in addition to all other regulations of this Ordinance:
1.13. Each dwelling unit shall have a minimum size (excluding all basement area) of 375 square feet.
For each bedroom, an additional 100 square feet shall be provided. This shall be measured from the
outside wall of the unit as described on the site plan.
170
Page 242 of 434
ARTICLE XXIII – GENERAL PROVISIONS
2. All buildings located in Neighborhood Residential districts must comply with Section 400.2 of the zoning
ordinance. Multiple family dwellings are only allowed in single-family residential districts if the home has
already been altered with prior approval to allow for multiple dwellings. One-family dwellings may not
be altered to allow for multiple dwellings, nor may new homes be built for multiple dwellings.
3.14. Roof drainage in the form of a roof overhang of at least twelve inches (12”) shall be provided to
direct storm or meltwater away from the foundation, unless a gambrel roof or other design elements
necessitate an alternative roof drainage system.
15. At least one individual or shared entrance to the principal structure is required to be located at the front
and shall be directly accessed from and face the front street.
4.16. In the case of an attached garage, garage doors may not comprise more than fifty percent (50%)
of the width of the front elevation view.
5.17. The subject building shall be aesthetically compatible in design and appearance with other
buildings on the same street, one block in any direction. The review shall include but not necessarily be
limited to: roof pitch, scale, size, mass, minimum transparency, orientation to the street, and overhangs.
The foregoing shall not be construed to prohibit innovative design concepts involving such matters as
(but not limited to) solar energy, view, or unique land contour.
6.18. Each building shall have an established vegetative ground cover no less than 12 months after
occupancy. A minimum of one shade tree, two and one-half inches (2.5”) in diameter, four feet (4’) from
the ground or one six foot (6’) evergreen tree shall be provided. Existing landscaping may be accepted
in lieu of this requirement.
7.19. Each building shall have a garage or a shed providing a minimum of sixty-four (64) square feet of
storage.
SECTION 2320: PRIVATE STREETS
1. Private streets shall require a development permit.
2. Regulation Michigan State Highway stops signs shall be positioned and installed in accordance with the
Michigan State Manual of Uniform Traffic Control Devices on all private streets. Signs in the right of way
shall be reviewed and installed by the City.
3. All private streets shall have names approved by the “911” emergency services coordinating agency.
4. All private streets shall provide an adequate right-of-way approved by the city in the event the street is
eventually incorporated into the city street system.
5. Identification signs approved by the City shall be required for private streets and shall note they are
private.
6. All private streets servicing or intended to serve two (2) or more lots, parcels or condominium units shall
be under the control of an approved and recorded road maintenance agreement and deed restrictions
which provide for the perpetual maintenance of such roads and/or easements to a necessary and
171
Page 243 of 434
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 2319 of the zoning ordinance to modify the regulations on residential design
criteria.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The regulations on permitted yard encroachments have been amended as proposed.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
Page 244 of 434
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 25th day of November, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.
DATED: ___________________, 2025. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Page 245 of 434
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on November 25, 2025, the City Commission of the City of Muskegon
adopted an ordinance to amend Section 2319 of the zoning ordinance to amend the regulations on
residential design criteria.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2025. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 246 of 434
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 9, 2025 Title: Request to establish a Plant Rehabilitation
District at 701 W. Laketon Ave.
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
Pursuant to Public Act 198 of 1974, as amended, SRS Fiberglass Products, 1041 E. Laketon Ave.,
Muskegon, MI has requested the establishment of a Plant Rehabilitation District for property located
at 701 W. Laketon Ave., Muskegon, MI.
Detailed Summary & Background:
This is being brought back up to the Commission as the Michigan Department of Treasury is requiring
us to add some verbiage to the resolution. The following language was added: IT IS HEREBY
DETERMINED that the property comprising not less than 50 percent of the state equalized valuation of
the property within the proposed Plant Rehabilitation District is obsolete; and..."
SRS Fiberglass Products has submitted a request to establish a Plant Rehabilitation District at 701 W.
Laketon Avenue, the former Great Lakes Die Cast facility.
SRS is in the process of launching a new company to support and expand their current fiberglass
product operations. The new entity plans to make significant capital investments into rehabilitating
the facility and anticipates creating over 50 high-paying jobs within the next two years.
According to Public Act 198 of 1974, as amended, the creation of a Plant Rehabilitation District is a
required first step before a business can apply for an Industrial Facilities Tax (IFT) Exemption
Certificate, which provides a property tax abatement on qualified real property investments.
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Reduction of blighted commercial properties
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Michigan Department of Treasury is requiring us to add some verbiage to the District Resolution.
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
I move to approve the attached amended resolution establishing a Plant Rehabilitation District at 701
Page 247 of 434
W. Laketon Ave. and authorize the City Clerk and Mayor to sign.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division P.A. 198 of 1974, as amended
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 248 of 434
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING A PLANT REHABILIATION DISTRICT AT 701 W. LAKETON AVE,
MUSKEGON, MI 49441
WHEREAS, pursuant to PA 198 of 1974, as amended, the City Commission of the City of Muskegon
has the authority to establish a Plant Rehabilitation District within the City of Muskegon; and
WHEREAS, SRS Fiberglass Products has petitioned the City Commission of the City of Muskegon to
establish a Plant Rehabilitation District on its property located in the City of Muskegon hereinafter
described; and
WHEREAS, construction, acquisition, alteration, or installation of a proposed facility has not
commenced at the time of filing the request to establish this district; and
WHEREAS, written notice has been given by mail to all owners of real property located within the
district, and to the public by newspaper advertisement in the Muskegon Chronicle and public posting
of the hearing on the establishment of the proposed district; and
WHEREAS, on July 22, 2025 a public hearing was held at which all owners of real property within the
proposed Plant Rehabilitation District and all residents and taxpayers of the City of Muskegon were
afforded an opportunity to be heard thereon; and
WHEREAS, the City Commission of the City of Muskegon deems it to be in the public interest of the
City of Muskegon to establish the Plant Rehabilitation District as proposed; and
IT IS HEREBY DETERMINED that the property comprising not less than 50 percent of the state
equalized valuation of the property within the proposed Plant Rehabilitation District is obsolete; and
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Muskegon that the
following described parcel of land situated in the City of Muskegon, Muskegon County, and State of
Michigan, to wit:
Page 249 of 434
is established as a Plant Rehabilitation District pursuant to the provisions of PA 198 of 1974, as
amended, to be known as 701 W. Laketon Plant Rehabilitation District.
Page 250 of 434
Adopted this 9th Day of December 2025.
Ayes:
Nays:
Absent:
BY: __________________________________
Ken Johnson
Mayor
ATTEST: __________________________________
Ann Meisch
Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting held on December
9, 2025
______________________________
Ann Meisch
Clerk
Page 251 of 434
Page 252 of 434
Page 253 of 434
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 9, 2025 Title: AP Update
Submitted by: Jonathan Seyferth, City Manager Department: Manager's Office
Brief Summary:
City Manager will provide an update on items received from APQ as required by Dec. 1, 2025.
Detailed Summary & Background:
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Follow up from requirements set in place by the Commission
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:
n/a
Approvals: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review X
Page 254 of 434
P1d,td:
SHEET NOTES:
·c COMMERCIAL 0UILDINGS
:Cl ADELAIDE POINTE OFFICES
ADELAIDE POINTE
1204 WEST WESTERN AVENUE
, •
c2 LIGHT ll�DUSTRY
1
MUSKEGON, Ml 49441
·c3 WAREHOUSING/ 0OAT STORAGE P: (855) MKG-LAKE
hllps://w1•11·1.adelaldepolnte.com
·c4 WAREHOUSING/ BOAT STORAGE
·cs RETAIL/0OAI SERVICE/ BOAT STORAGE
·c6 WAREHOUSING/ BOAT STORAGE Conn.ltants:
co WAREHOUSING/ BOAT STORAGE iii Edgewater
resources
:C
9 WAREHOUSING/ 0OAT STORAGE 518 BROAD STREET
SAINT JOSEPH, Ml 49085
P: (269) 932.4502
'R RESIDENTIAL BUILDINGS ww1·1.cdgowatcrrosources.com
,·Rl CONDOMINIUM BUILDING
1 R4
CONDOMINIUM I COMMERCIAL
,·R6 APARTMENT BUILDING
1
R7 HOTEL 1609 PINERIOGE DR
GRAND HAVEN, Ml 49417
P: (616) 843-1002
(ii MIXED USE BUILDING/ AMENITIES ww1·1.archllekluraplc.co11V
181 SALES/ RETAIL/ RESTAURANT
(ii2 BOATER SERVICES BUILDING
., ·
'83 RESTROOMS FACILITY •:00B t �•.-.TES •;it• I
646 N. PLANKINTON AVE.
:'04 POOL SUITE 240
MILWAUKEE, W1 53203
P: (414) 273-8230
M MARINA/ MARINA SERVICES l'l\'/1'1.kaa-arch.com
'Ml WEI SLIP MARINA
'M2 TRANSIENT SLIPS
'M3 FUEL DOCK
M4 PILE SUPPORTED STRUCTURE WITH STEEL
SHEET PILE WAVE FENCE
'MS FORKLIFT WELLS
'M6 SHOPPER DOCKS
'Ml KAYAK LAUNCH
'MB FISHING BASIN REVISIOU Date: 12106'2022
PrO;«IHo: 21-001
'M9 FISH CLEANING STATION /1,. REVISION -02/12/2024
& REVISION -03/07/2024
MIO BOAT RAMP NORTH
I),, REVISION-04/01/2024
:A PUBLIC AMENITIES
Su'e: 1''=100'-0" @ 24x36
, •
:·Al BIKE & PEDESTRIAN TRAILS 0 100' 200'
'A2 WEST POINT PARK
'A3 LINEAR PARKS
,•·
'A4 EAST BASIN PARK
;'A7 BIKE RACKS
(AB EVENT LAWN
1 A9 ON STREET PARKING PUD SUBMITTAL
'A 10 OFF STREET PARKING
IA12 PARKING GARAGE ACCESS SITE PLAN
Shfeltlumbtr:
L-1.00
NOTE: LESS THAN 107. OF EACH BUILDING FACE VIILL BE USED
FOR SIGNAGE, LOGOS, OR LETlERING. CALCULATIONS WILL BE MADE
USING LITERAL SQUARE FOOTAGES OF THE SIGN FACE.
Page 255 of 434
MUSKEGON PARK ADELAIDE POINTE : PERIMETER OF ALL CONCRETE WORK : P...
1310.2ft (12924.1ft²)
Created on 24 Nov 2025
Y
X
0 32' 0" 64' 0" 128' 0" 192' 0" 256' 0" ft/in
SCALE: 1:1040 (Scale to Fit)
Page 1
Page 256 of 434
MUSKEGON PARK ADELAIDE POINTE : PERIMETER OF ALL CONCRETE WORK : PL...
1310.2ft (12924.1ft²)
Created on 24 Nov 2025
Base Layer 17 (-0.5ft), 3.1ft, (-0.5ft)
1 (0.0ft), 17.0ft, (-0.1ft) 18 (-0.5ft), 6.4ft, (-0.5ft)
2 (-0.1ft), 17.8ft, (+0.1ft) 19 (-0.5ft), 8.8ft, (-0.6ft)
3 (+0.1ft), 13.3ft, (+0.1ft) 20 (-0.6ft), 21.3ft, (-0.6ft)
4 (+0.1ft), 22.3ft, (+0.1ft) 21 (-0.6ft), 21.6ft, (-0.5ft)
5 (+0.1ft), 18.6ft, (-0.0ft) 22 (-0.5ft), 20.3ft, (-0.4ft)
6 (-0.0ft), 19.6ft, (-0.1ft) 23 (-0.4ft), 3.9ft, (-0.3ft)
7 (-0.1ft), 23.5ft, (-0.2ft) 24 (-0.3ft), 6.7ft, (-0.4ft)
8 (-0.2ft), 32.1ft, (-0.3ft) 25 (-0.4ft), 7.8ft, (-0.4ft)
9 (-0.3ft), 32.2ft, (-0.3ft) 26 (-0.4ft), 3.8ft, (-0.3ft)
10 (-0.3ft), 21.0ft, (-0.5ft) 27 (-0.3ft), 3.6ft, (-0.3ft)
11 (-0.5ft), 5.6ft, (-0.6ft) 28 (-0.3ft), 3.6ft, (-0.2ft)
12 (-0.6ft), 4.8ft, (-0.6ft) 29 (-0.2ft), 1.8ft, (-0.1ft)
13 (-0.6ft), 2.7ft, (-0.6ft) 30 (-0.1ft), 24.5ft, (-0.0ft)
14 (-0.6ft), 3.2ft, (-0.6ft) 31 (-0.0ft), 26.4ft, (-0.0ft)
15 (-0.6ft), 7.3ft, (-0.5ft) 32 (-0.0ft), 21.5ft, (+0.1ft)
16 (-0.5ft), 4.5ft, (-0.5ft) 33 (+0.1ft), 26.2ft, (+0.1ft)
DEFINITIONS: (-0.1ft), 15.0ft, (-0.1ft)
Relative elevation of first point of this edge
Edge length
Relative elevation of last point of this edge
Page 2
Page 257 of 434
MUSKEGON PARK ADELAIDE POINTE : PERIMETER OF ALL CONCRETE WORK : PL...
1310.2ft (12924.1ft²)
Created on 24 Nov 2025
34 (+0.1ft), 28.8ft, (+0.2ft) 51 (+0.2ft), 2.8ft, (+0.2ft)
35 (+0.2ft), 23.9ft, (+0.3ft) 52 (+0.2ft), 2.2ft, (+0.2ft)
36 (+0.3ft), 31.9ft, (+0.0ft) 53 (+0.2ft), 2.1ft, (+0.1ft)
37 (+0.0ft), 27.3ft, (+0.1ft) 54 (+0.1ft), 28.9ft, (-0.1ft)
38 (+0.1ft), 12.1ft, (+0.2ft) 55 (-0.1ft), 32.3ft, (+0.1ft)
39 (+0.2ft), 8.3ft, (+0.1ft) 56 (+0.1ft), 24.1ft, (+0.2ft)
40 (+0.1ft), 7.0ft, (+0.3ft) 57 (+0.2ft), 28.6ft, (+0.1ft)
41 (+0.3ft), 3.1ft, (+0.3ft) 58 (+0.1ft), 26.9ft, (+0.3ft)
42 (+0.3ft), 4.7ft, (+0.0ft) 59 (+0.3ft), 21.5ft, (+0.4ft)
43 (+0.0ft), 6.8ft, (-0.2ft) 60 (+0.4ft), 25.7ft, (+0.4ft)
44 (-0.2ft), 6.5ft, (+0.3ft) 61 (+0.4ft), 24.8ft, (+0.4ft)
45 (+0.3ft), 4.8ft, (+0.3ft) 62 (+0.4ft), 5.8ft, (+0.3ft)
46 (+0.3ft), 4.6ft, (+0.3ft) 63 (+0.3ft), 4.7ft, (+0.4ft)
47 (+0.3ft), 5.4ft, (+0.2ft) 64 (+0.4ft), 4.9ft, (+0.3ft)
48 (+0.2ft), 4.9ft, (+0.1ft) 65 (+0.3ft), 4.9ft, (+0.2ft)
49 (+0.1ft), 4.1ft, (+0.2ft) 66 (+0.2ft), 4.3ft, (+0.1ft)
50 (+0.2ft), 3.7ft, (+0.2ft) 67 (+0.1ft), 4.9ft, (+0.0ft)
DEFINITIONS: (-0.1ft), 15.0ft, (-0.1ft)
Relative elevation of first point of this edge
Edge length
Relative elevation of last point of this edge
Page 3
Page 258 of 434
MUSKEGON PARK ADELAIDE POINTE : PERIMETER OF ALL CONCRETE WORK : PL...
1310.2ft (12924.1ft²)
Created on 24 Nov 2025
68 (+0.0ft), 21.0ft, (-0.1ft) 85 (+0.2ft), 15.9ft, (+0.0ft)
69 (-0.1ft), 22.4ft, (-0.2ft) 86 (+0.0ft), 12.5ft, (+0.1ft)
70 (-0.2ft), 20.5ft, (-0.1ft) 87 (+0.1ft), 10.5ft, (+0.5ft)
71 (-0.1ft), 13.8ft, (-0.3ft) 88 (+0.5ft), 3.8ft, (+0.6ft)
72 (-0.3ft), 4.9ft, (-0.2ft) 89 (+0.6ft), 2.7ft, (+0.6ft)
73 (-0.2ft), 4.3ft, (-0.2ft) 90 (+0.6ft), 1.7ft, (+0.6ft)
74 (-0.2ft), 5.6ft, (-0.1ft) 91 (+0.6ft), 1.7ft, (+0.6ft)
75 (-0.1ft), 5.6ft, (-0.2ft) 92 (+0.6ft), 15.8ft, (+0.6ft)
76 (-0.2ft), 4.5ft, (-0.2ft) 93 (+0.6ft), 27.4ft, (+0.6ft)
77 (-0.2ft), 6.1ft, (-0.2ft) 94 (+0.6ft), 24.1ft, (+0.5ft)
78 (-0.2ft), 20.1ft, (+0.0ft) 95 (+0.5ft), 12.8ft, (-0.0ft)
79 (+0.0ft), 24.0ft, (+0.6ft) 96 (-0.0ft), 31.4ft, (0.0ft)
80 (+0.6ft), 18.7ft, (+0.6ft)
81 (+0.6ft), 25.6ft, (+0.5ft)
82 (+0.5ft), 23.1ft, (+0.4ft)
83 (+0.4ft), 22.8ft, (+0.2ft)
84 (+0.2ft), 12.7ft, (+0.2ft)
DEFINITIONS: (-0.1ft), 15.0ft, (-0.1ft)
Relative elevation of first point of this edge
Edge length
Relative elevation of last point of this edge
Page 4
Page 259 of 434
MUSKEGON PARK ADELAIDE POINTE : PARKING LOT AND SIDE WALK : PLAN VIEW
813.9ft (10260.7ft²)
Created on 24 Nov 2025
Y
X
31.0ft
0 32' 0" 64' 0" 128' 0" 192' 0" 256' 0" ft/in
SCALE: 1:611 (Scale to Fit)
Page 1
Page 260 of 434
MUSKEGON PARK ADELAIDE POINTE : PARKING LOT AND SIDE WALK : PLAN VIE...
813.9ft (10260.7ft²)
Created on 24 Nov 2025
Base Layer 17 (-0.4ft), 14.5ft, (-0.5ft)
1 (0.0ft), 19.3ft, (+0.0ft) 18 (-0.5ft), 21.6ft, (-0.5ft)
2 (+0.0ft), 27.8ft, (+0.1ft) 19 (-0.5ft), 22.2ft, (-0.5ft)
3 (+0.1ft), 24.0ft, (+0.1ft) 20 (-0.5ft), 19.7ft, (-0.3ft)
4 (+0.1ft), 17.7ft, (-0.1ft) 21 (-0.3ft), 4.2ft, (-0.3ft)
5 (-0.1ft), 21.3ft, (-0.1ft) 22 (-0.3ft), 6.4ft, (-0.4ft)
6 (-0.1ft), 21.9ft, (-0.2ft) 23 (-0.4ft), 7.6ft, (-0.3ft)
7 (-0.2ft), 27.3ft, (-0.2ft) 24 (-0.3ft), 6.2ft, (-0.3ft)
8 (-0.2ft), 29.2ft, (-0.3ft) 25 (-0.3ft), 4.2ft, (-0.2ft)
9 (-0.3ft), 7.9ft, (-0.3ft) 26 (-0.2ft), 5.4ft, (+0.1ft)
10 (-0.3ft), 20.3ft, (-0.4ft) 27 (+0.1ft), 5.7ft, (+0.1ft)
11 (-0.4ft), 6.7ft, (-0.5ft) 28 (+0.1ft), 4.2ft, (+0.1ft)
12 (-0.5ft), 5.7ft, (-0.5ft) 29 (+0.1ft), 4.5ft, (+0.1ft)
13 (-0.5ft), 3.9ft, (-0.6ft) 30 (+0.1ft), 5.1ft, (+0.1ft)
14 (-0.6ft), 7.6ft, (-0.5ft) 31 (+0.1ft), 5.2ft, (+0.0ft)
15 (-0.5ft), 4.8ft, (-0.4ft) 32 (+0.0ft), 4.1ft, (+0.0ft)
16 (-0.4ft), 2.9ft, (-0.4ft) 33 (+0.0ft), 4.2ft, (-0.1ft)
DEFINITIONS: (-0.1ft), 15.0ft, (-0.1ft)
Relative elevation of first point of this edge
Edge length
Relative elevation of last point of this edge
Page 2
Page 261 of 434
MUSKEGON PARK ADELAIDE POINTE : PARKING LOT AND SIDE WALK : PLAN VIE...
813.9ft (10260.7ft²)
Created on 24 Nov 2025
34 (-0.1ft), 4.8ft, (-0.2ft) 51 (+0.4ft), 26.8ft, (+0.2ft)
35 (-0.2ft), 20.9ft, (-0.3ft) 52 (+0.2ft), 9.1ft, (+0.1ft)
36 (-0.3ft), 22.1ft, (-0.4ft) 53 (+0.1ft), 20.3ft, (-0.0ft)
37 (-0.4ft), 20.5ft, (-0.3ft) 54 (-0.0ft), 31.0ft, (-0.0ft)
38 (-0.3ft), 13.9ft, (-0.4ft) 55 (-0.0ft), 11.7ft, (+0.4ft)
39 (-0.4ft), 5.6ft, (-0.3ft) 56 (+0.4ft), 3.2ft, (+0.5ft)
40 (-0.3ft), 3.6ft, (-0.3ft) 57 (+0.5ft), 1.7ft, (+0.5ft)
41 (-0.3ft), 5.5ft, (-0.3ft) 58 (+0.5ft), 1.2ft, (+0.5ft)
42 (-0.3ft), 5.5ft, (-0.4ft) 59 (+0.5ft), 1.0ft, (+0.5ft)
43 (-0.4ft), 5.4ft, (-0.4ft) 60 (+0.5ft), 1.2ft, (+0.5ft)
44 (-0.4ft), 5.2ft, (-0.4ft) 61 (+0.5ft), 16.7ft, (+0.5ft)
45 (-0.4ft), 7.1ft, (-0.3ft) 62 (+0.5ft), 27.4ft, (+0.6ft)
46 (-0.3ft), 13.3ft, (-0.1ft) 63 (+0.6ft), 25.0ft, (+0.4ft)
47 (-0.1ft), 13.5ft, (+0.7ft) 64 (+0.4ft), 11.6ft, (-0.0ft)
48 (+0.7ft), 10.2ft, (+0.4ft) 65 (-0.0ft), 30.8ft, (0.0ft)
49 (+0.4ft), 18.9ft, (+0.5ft)
50 (+0.5ft), 25.7ft, (+0.4ft)
DEFINITIONS: (-0.1ft), 15.0ft, (-0.1ft)
Relative elevation of first point of this edge
Edge length
Relative elevation of last point of this edge
Page 3
Page 262 of 434
The red line represents the approximate location of the curb – the sidewalk be elevated here.
Page 263 of 434
MZH CONCRETE LLC
17851 Hiawatha dr
Spring Lake, MI 49456 US
+12315713932
Mzhconcretellc@gmail.com
Estimate
ADDRESS ESTIMATE 2406
Ryan Leestma DATE 11/21/2025
Adelaide Pointe EXPIRATION DATE 04/01/2026
1204 W Western Ave
Muskegon, MI 49441
DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
Parking lot Parking Lot Pour at 4" thick with broom 1,944 5.10 9,914.40
finish Pour with 4000 psi exterior mix
lime stone commercial fiber
reinforcement on concrete , 108'x18'
for 12 Parking spaces of 9' wide x 18"
long . ( Lines on parking lot not
included on this estimate)
Concrete Driveway Concrete driveway pour at 4" thick 4,260 5.10 21,726.00
between sidewalk and parking spaces,
213' long x20' wide , pour with 4000
psi exterior mix commercial fiber
reinforcement on concrete.
New concrete sidewalk Sidewalk next to driveway Pour at 4" 2,130 4.70 10,011.00
thick , pour with 4000 psi exterior mix
lime stone no reinforcement, tool joint
control joints. 213' long x 10' wide.
New concrete sidewalk Sidewalk going from driveway to half 1,120 4.70 5,264.00
circle 10' wide x 112' long pour at 4"
thick no reinforcement on concrete.
New concrete sidewalk Half circle 20 long x 20 wide pour at 4" 400 4.70 1,880.00
thick non reinforcement.
New concrete sidewalk Sidewalk from half circle to full circle 2,060 4.70 9,682.00
sidewalk ( end of sidewalk) 206'x10'
New concrete sidewalk End of sidewalk full circle for 544.10 sf 544.10 4.70 2,557.27
pour at 4" thick with 4000 psi exterior
mix.
Concrete Buggy Concrete buggy to transport concrete, 2 400.00 800.00
in narrow areas where concrete truck
cant reach.
New concrete sidewalk Concrete sidewalk from where 640 4.70 3,008.00
driveway starts do existing fire hydrant
Page 1 of 3
Page 264 of 434
8' wide x 80' long pour at 4" thick with
4000 psi
Excavation Prep Roughly 13100 sf for concrete, 1 9,000.00 9,000.00
Grade existing gravel base for 4" thick
concrete to be poured, Prep includes
Driveways, Sidewalk and parking
areas
Cut areas down 1"-2" so edges of
concrete do not wash out.
Note: Excavation does not include
compaction testing or soil testing we
will prep with existing gravel base , no
new gravel or fill.
Excavation will not included fixing
edges around new concrete, additional
fee will be added if this is requested.
Exclusions Concrete Testing , Notifications to Miss 1 0.00 0.00
dig , Locating Utilities , Bonds , Dues ,
Staking , Traffic control , Winter
Concrete Mix From November through
Mid may, Winter Concrete Protection.
concrete All concrete will be 4" thick for Parking 1 0.00 0.00
spaces driveway and sidewalk per
Ryan Leestma request ,
No Warranty on Shrinkage Cracks,
Hair line Cracks or spalling , Mzh will
only repair cracks big enough a
quarter can fit in only for the 1st year
from concrete was placed , Cracks
must be outside control joint, Cracks
must be outside of control joint if using
rebar grid , Warranty only good if rebar
grid is used.
Note # 2 Complete Items This Estimate is for completing the 1 0.00 0.00
work items as describe above , It is
based on our evaluation, any
additional changes or increments on
scope of work will be subject to change
orders that they will need to be done
before work starts and founds will be
need to be deposit before.
* If Is not on the estimate is not on the
Scope of Work "
MZH will commit to do the work on this 0.00
estimate only if this estimate is signed
by Ryan Leestma and Aubrey Glick (
CEO of Adelaide point ) .
MZH will agree to do the scope of
work and start on April 1st of 2026
only under the following conditions:
* 50% of the quoted amount for the
additional work must be paid to MZH in
advance by March 15th 2026.
* The remaining balance must be
deposited in escrow with a licensed
Page 2 of 3
Page 265 of 434
title agency or other mutually
acceptable escrow agent by March 23
of 2026 to be released to MZH within
10 days after completion of the work.
* Any change orders or additional
changes on quote will need to be
estimated and signed and founds need
to be deposit to title agency before we
proceed with any change orders.
* If The items listed in this paragraph
are not follow , we won't start the
scope work until the conditions of
payment are completed.
Preparation and installation of a parking lot and bike path per the Hartshorn
Village PUD TOTAL $73,842.67
Ryan Leestma
Owner
12/1/2025
Accepted By
Accepted Date
Aubrey Glick
CEO
12/1/25
Page 3 of 3
Page 266 of 434
Page 267 of 434
Page 268 of 434
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 9, 2025 Title: Rezoning of 501 E Western Ave from Open
Space Recreation (OSR) to Waterfront Industrial
PUD (WI-PUD) SECOND READING
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff-initiated request to rezone 501 E Western Ave from Open Space Recreation (OSR) to Waterfront
Industrial PUD (WI-PUD).
Detailed Summary & Background:
Staff is requesting to rezone a portion of Fisherman's Landing (501 E Western) to WI-PUD to allow for
port activities on-site. Once the property is rezoned to WI-PUD, the owner would be able to apply for
a PUD for port-related activities. The remainder of the property will remain OSR zoning, and the boat
launch, fishing areas, and bathrooms will remain open to the public. About 3.5 of the 5 parking lots
on-site will remain (about 46 parking spaces to be eliminated). Please see the enclosed map
depicting the portion of the property to be rezoned and the zoning ordinance excerpts for WI-PUD
and OSR.
This rezoning request is related to the "land swap" project between the City, Mart Dock, and
Verplank. More information regarding the project can be found here: https://muskegon-
mi.civilspace.io/en/projects/connecting-community-to-the-water-ports-and-parks
The land swap project would help complete several goals identified in city plans, including the
following:
o Increasing publicly-accessible land along the waterfront - Imagine Muskegon Lake (page 10).
o Increasing publicly-accessible shoreline - Imagine Muskegon Lake (page 10)
o Increasing multi-use paths and trails align the shoreline - Imagine Muskegon Lake (page 10)
o Increasing mixed-use development along the waterfront - Imagine Muskegon Lake (page 11)
o Activating the Mart Dock property as an activity center - Imagine Muskegon Lake (page
37,40,41)
o Habitat restoration at the future park on the Verplank site - Imagine Muskegon Lake (page 59)
o Connecting the Western & Central Waterfront Districts to Downtown - Imagine Muskegon Lake
(page 15)
o Become regionally and nationally designated by organizations that will bring visibility and
economic development to Muskegon Lake - Master Plan (Economic Development, page 19)
o Improve the environmental quality of greenway corridors by cleaning up contaminated sites,
safeguarding areas highly susceptible to private land use, and reducing dumping - Master
Plan (Natural Features, page 13)
o Increase and enhance publicly-accessible amenities along the waterfront and soften
shorelines where possible - Master Plan (Economic Development, page 18)
Page 269 of 434
o Invest in placemaking opportunities that capitalize on community assets - Master Plan
(Economic Development, page 10)
o Increase access to the Muskegon Lake shoreline - Master Plan (Jackson Hill, page 11).
The Planning Commission recommended approval of the rezoning by a 7-2 vote at their special
meeting on October 23.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
zoning ordinance
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move that the request to rezone a portion of the property at 501 E Western Ave from Open Space
Recreation to Waterfront Industrial PUD be approved.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X No
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 270 of 434
Page 271 of 434
Page 272 of 434
WI-PUD WATERFRONT INDUSTRIAL PLANNED UNIT DEVELOPMENT DISTRICTS
WI-PUD WATERFRONT INDUSTRIAL PLANNED UNIT DEVELOPMENT DISTRICTS
PREAMBLE
The Waterfront Industrial PUD district is established primarily for water-dependent, commercial shipping of
bulk, general cargo, or container goods by freighter, bulk carrier, tanker, tug barge, or other similar commercial
vessels. The WI-PUD District is intended to promote the consolidation of commercial port activities at the
eastern terminus of Muskegon Lake because of its proximity to the interstate, established industrial uses, and
isolation from residential zones. The intent is to localize this district to promote symbiotic relationships among
industrial port activities and to discourage the expansion of such activities elsewhere along Muskegon Lake
frontage. It is further the intent of this district to require planned unit developments for all projects to ensure a
mix of port uses that enhances the industrial economic base of the city. The planned unit development tool shall
be applied to promote flexibility in development and to enhance functional relationships among uses in the
district.
The general categories of uses permitted in the WI-PUD district are associated with standard industrial
classifications, major group industry 44, “Water Transportation” as found in the 1987 Standard Industrial
Classification Manual prepared by the Executive Office of the President, Office of Management and Budget.
SECTION 1504: USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted as planned unit
developments. Planned unit developments shall be reviewed and approved by the Planning Commission and
City Commission subject to the conditions outlined below.
PRINCIPAL USES:
1. Water transportation of freight.
2. Railroad and auto passenger ferries.
3. Marine cargo handling; loading, unloading and stevedore facilities.
4. Marine terminal uses including ancillary inter-modal transportation operations.
5. Any use with outside storage of aggregate, limestone, coal, slag, salt, sand or other bulk materials
shipped by commercial watercraft vessels and or barges.
6. Grain elevators.
7. Bulk and warehouse storage of goods shipped by commercial maritime vessels.
8. Towing and tugboat services for commercial freight water vessels.
9. Barge fleeting, mooring and servicing.
10. Lighterage.
11. Commercial engine and hull repair.
124
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WI-PUD WATERFRONT INDUSTRIAL PLANNED UNIT DEVELOPMENT DISTRICTS
12. Marine dock, breakwater, harbor construction and repair contracting.
13. Marine dredging contractors.
14. Palletizing, decanning, container stripping and packing operations associated with maritime shipping and
transport.
15. Bulk liquid facilities of non-hazardous materials.
16. Material recovery facilities that are entirely contained in buildings.
17. Commercial fishing facilities.
18. Manufacturing that is dependent on port facilities.
19. Any other uses which meet the intent of this district as deemed by the Planning Commission and City
Commission; except that in no case shall a prohibited use be permitted.
ACCESSORY USES:
1. Docks, wharves, piers or transit sheds or related facilities used in connection with the transfer, handling,
storage and transit and incidental processing of cargo from or to waterborne craft.
2. Truck or rail freight terminal supporting water freight transport.
3. Offices associated with port facilities and functions.
4. Parking decks.
5. Watchmen quarters employed on the premise.
6. Lift equipment to load and unload ships.
7. Weigh stations.
8. Lighthouse.
9. Fuel dock.
10. Seaplane base.
SECTION 1505: PROHIBITED USES
1. Asphalt batching.
2. Cement processing.
3. Storage of petroleum products stored in excess of 1,000 gallons.
4. Hazardous material or hazardous chemical storage or transport.
125
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WI-PUD WATERFRONT INDUSTRIAL PLANNED UNIT DEVELOPMENT DISTRICTS
5. Ship cleaning.
6. Salvage yards, ship scrapping, dismantling and wrecking operations not wholly contained in buildings.
7. Livestock holding.
8. Marine Salvage.
9. Open storage of fertilizers, agricultural lime and other chemicals.
10. Billboards.
SECTION 1506: REVIEW STANDARDS
The Planning Commission shall approve, deny or modify preliminary planned unit development plans, based
upon the site plan review and landscaping standards of this ordinance and the following standards below.
Likewise, the City Commission shall approve, deny, or modify final planned unit development plans (after review
and recommendation by the Planning Commission) based upon the following standards:
1. The uses proposed will have a beneficial effect, in terms of public health, safety, welfare, or convenience
of any combination thereof, on present and potential surrounding land uses. The uses proposed will not
adversely affect the public utility and circulation systems, surrounding properties, or the environment.
2. The uses proposed should be consistent with the land use plans adopted by the City.
3. The amount of open space provided is compatible with and meets the requirements of this ordinance,
which the Planning Commission or City Commission may modify, even though such modifications do not
conform to that required in other sections of this ordinance.
4. The amount of off-street parking areas is adequate, which the Planning Commission or City Commission
may modify even though such modifications do not conform to that required in other sections of this
ordinance.
5. The amount of landscaping and buffering areas provided are compatible with and meet the
requirements of this ordinance, which the Planning Commission or City Commission may modify even
though such modifications do not conform to that required in other sections of this ordinance.
6. The design provides for the protection or enhancement of significant natural, historical, or architectural
features within the proposed development area.
7. The uses proposed will result in safe, convenient, uncongested and well defined vehicular and pedestrian
circulation systems.
8. The land uses presented shall provide a mix of uses to perpetuate an economically viable, mixed use
port.
9. The project shall demonstrate adequate support services for all activities.
126
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WI-PUD WATERFRONT INDUSTRIAL PLANNED UNIT DEVELOPMENT DISTRICTS
10. Stockpiles of salt and agricultural lime must be covered or sufficiently isolated from the surface water to
prevent leaching.
11. Aggregate, salt, lime, or soil stockpiling areas shall not occupy more than 50% of the site or district.
12. Truck freight terminals shall not occupy more than 30% of the site area or district. Trucks shall be stored
a minimum of two hundred (200) feet from the ordinary high water mark.
SECTION 1507: AREA AND BULK REQUIREMENTS
The following are meant as general guidelines. Through the process of the Planned Unit Development process,
the Planning Commission may determine that changes to the standards are appropriate to both meet the needs
and objectives of the project and the city.
1. Minimum lot size: 43,560 sq. feet.
2. Maximum lot coverage:
Buildings: 75%
Pavement: 25%
3. Lot width: 150 feet (shall be measured at road frontage unless a cul-de-sac, then measured from
setback).
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3) times longer
its width.
5. Height limit: 3 stories or 50 feet.
Height measurement: In the case of a principal building, the vertical distance measured from the average
finished grade to the highest point of the roof surface where the building line abuts the front yard, except
as follows: to the deck line of mansard roofs, and the average height between eaves and the ridge of
gable, hip, and gambrel roofs (see Figure 2-2). If the ground is not entirely level, the grade shall be
determined by averaging the elevation of the ground for each face of the building (see Figure 2-3).
6. Front Setbacks:
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
7. Rear setback: 10 feet.
8. Setback from the ordinary high-water mark or wetland: 75 feet (principal structures only).
9. Side setbacks:
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WI-PUD WATERFRONT INDUSTRIAL PLANNED UNIT DEVELOPMENT DISTRICTS
1-story: 10 feet and 20 feet
2-story: 15 feet and 25 feet
3-story: 20 feet and 30 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-way line to the
nearest point of the determined drip line of buildings.
10. Zero lot line option: New principal buildings may be erected on the rear lot line and/or one side lot line
provided:
a. The building has an approved fire rating for zero-lot line development under the building code.
b. The building has adequate fire access preserved pursuant to fire code requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and recorded with
the County Register of Deeds and provided to the zoning administrator with the site plan or plot
plan.
e. It is not adjacent to wetlands, or waterfront.
11. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-line is
employed for a structure or fire access. At least fifty percent of all required front setbacks shall be
landscaped and adjacent to the road right-of-way. An average minimum greenbelt of 10 feet shall be
maintained along each street frontage.
128
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ARTICLE XVII – OSR OPEN SPACE RECREATION DISTRICTS
ARTICLE XVII – OSR OPEN SPACE RECREATION DISTRICTS
PREAMBLE
The OSR Open Space Recreation Districts are intended to provide for permanent open spaces in the City and are
designed to provide recreational activities that are limited to country clubs, marinas, and the like. These Districts
are further intended to safeguard the natural features of the City, and the health, safety, and welfare of the
citizens of Muskegon and the adjacent area by limiting developments to locations where police and fire
protection, or protection against flooding by high water table or storm water, or dangers from excessive erosion
are not possible without excessive costs to the City.
SECTION 1700: PRINCIPAL USES PERMITTED
In the OSR Open Space Recreation Districts, no building or land shall be used and no building shall be erected,
structurally altered, or occupied except for one (1) or more of the following specified used, unless otherwise
provided in this Ordinance:
1. Fishing docks and piers.
2. Hiking, bicycling, jogging, or ski trails.
3. Wildlife preserves or refuge structures.
4. Watershed or erosion protection facilities.
5. Parks, playgrounds, and playfields.
6. Accessory uses customarily incidental to the above Principal Uses Permitted.
7. Uses similar to the above Principal Uses Permitted.
SECTION 1701: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of
Section 2332 after review and approval of the use (and a site plan, if required) by the Planning Commission,
after Public Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the
Planning Commission:
1. Country clubs.
2. Marinas for the berthing and servicing of boats, but without major repair or storage facilities.
3. Public and private utilities and services.
4. Seasonal, recreational, campers and trailer parks, and facilities.
5. Amusement facilities excepting outdoor theaters, adult theaters, and adult bookstores.
6. Seasonal or year-round craft shops.
132
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ARTICLE XVII – OSR OPEN SPACE RECREATION DISTRICTS
7. Conference and reception auditoriums.
8. Galleries and museums.
9. Open air amphitheaters.
10. Restaurants and cocktail lounges.
11. Any other similar uses or activity requiring buildings or structures.
12. Accessory buildings and accessory uses customarily incidental to the above Special Land Uses Permitted.
13. Uses similar to the above Special Land Uses Permitted.
SECTION 1702: PLANNED UNIT DEVELOPMENTS
Planned developments may be allowed by the Planning Commission under the procedural guidelines of Section
2101. The intent of Planned Unit Developments in the OSR Open Space Recreation Districts is to allow mixed
land uses which are compatible to each other, while prohibiting uses which would not be compatible or
harmonious with permitted uses.
SECTION 1703: AREA AND BULK REQUIREMENTS
1. Minimum lot size: 21,780 sq. feet.
2. Maximum lot coverage:
Buildings: 20%
Pavement: 15%
3. Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then measured from
setback).
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3) times longer
its width.
5. Height limit: 2 stories or 35 feet.
Height measurement: In the case of a principal building, the vertical distance measured from the average
finished grade to the highest point of the roof surface where the building line abuts the front yard, except
as follows: to the deck line of mansard roofs, and the average height between eaves and the ridge of
gable, hip, and gambrel roofs (see Figure 2-2). If the ground is not entirely level, the grade shall be
determined by averaging the elevation of the ground for each face of the building (see Figure 2-3).
6. Front Setbacks:
Minimum:
Expressway or Arterial Street: 30 feet
133
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ARTICLE XVII – OSR OPEN SPACE RECREATION DISTRICTS
Collector or Major Street: 20 feet
Minor Street: 10 feet
7. Rear setback: 10 feet
8. Setback from the ordinary high-water mark or wetland: 75 feet (principal structures only).
9. Side setbacks:
1-story: 6 feet and 10 feet
2-story: 8 feet and 12 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-way line to the
nearest point of the determined drip line of buildings.
10. Zero lot line option: New principal buildings may be erected on the rear lot line and/or one side lot line
provided:
a. The building has an approved fire rating for zero-lot line development under the building code.
b. The building has adequate fire access preserved pursuant to fire code requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and recorded with
the County Register of Deeds and provided to the zoning administrator with the site plan or plot
plan.
e. It is not adjacent to wetlands, or waterfront.
11. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-line is
employed for a structure or fire access. At least fifty percent of all required front setbacks shall be
landscaped and adjacent to the road right-of-way. An average minimum greenbelt of 10 feet shall be
maintained along each street frontage.
134
Page 280 of 434
Page 281 of 434
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map and provide a zone change for 501 E Western.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning to the following:
501 E Western Ave from Open Space Recreational (OSR) to Waterfront Industrial PUD (WI-PUD).
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
Page 282 of 434
CERTIFICATE
(Rezoning of 501 E Western Ave to WI-PUD)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does
hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission
of the City of Muskegon, at a regular meeting of the City Commission on the 10th day of November, at which
meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of
2006, and that minutes were kept and will be or have been made available as required thereby.
DATED: ___________________, 2025 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish Notice of Adoption to be published once within ten (10) days of final adoption.
Page 283 of 434
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on November 10, 2025, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning for 501 E Western Ave.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the
City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2025
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 284 of 434
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 9, 2025 Title: Rezoning of 560 Mart St from Waterfront
Marine (WM) to Waterfront Industrial PUD (WI-
PUD) SECOND READING
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Request to rezone a portion of the property at 560 Mart St from Waterfront Marine (WM) to Waterfront
Industrial PUD (WI-PUD), by West Michigan Dock & Market Corp.
Detailed Summary & Background:
The applicant is requesting to rezone 23.5 acres of the 43.5 acre site to WI-PUD. The area to be
rezoned is located behind the existing security fence (please see attachment). This area has
historically been used for port-related activities. Although these uses are not allowed in the WM
zoning district, they are considered legally non-conforming (grandfathered). Rezoning this portion of
the property to WI-PUD would allow the applicant to apply for a PUD for port-related uses, which
would allow them to become legally-conforming. The rest of the parcel would remain under
Waterfront Marine (WM) zoning. Please see the enclosed zoning ordinance excerpts.
This rezoning request is related to the "land swap" project between the City, Mart Dock, and
Verplank. More information regarding the project can be found here: https://muskegon-
mi.civilspace.io/en/projects/connecting-community-to-the-water-ports-and-parks
The land swap project would help complete several goals identified in city plans, including the
following:
o Increasing publicly-accessible land along the waterfront - Imagine Muskegon Lake (page 10).
o Increasing publicly-accessible shoreline - Imagine Muskegon Lake (page 10)
o Increasing multi-use paths and trails align the shoreline - Imagine Muskegon Lake (page 10)
o Increasing mixed-use development along the waterfront - Imagine Muskegon Lake (page 11)
o Activating the Mart Dock property as an activity center - Imagine Muskegon Lake (page
37,40,41)
o Habitat restoration at the future park on the Verplank site - Imagine Muskegon Lake (page 59)
o Connecting the Western & Central Waterfront Districts to Downtown - Imagine Muskegon Lake
(page 15)
o Become regionally and nationally designated by organizations that will bring visibility and
economic development to Muskegon Lake - Master Plan (Economic Development, page 19)
o Improve the environmental quality of greenway corridors by cleaning up contaminated sites,
safeguarding areas highly susceptible to private land use, and reducing dumping - Master
Plan (Natural Features, page 13)
o Increase and enhance publicly-accessible amenities along the waterfront and soften
shorelines where possible - Master Plan (Economic Development, page 18)
Page 285 of 434
o Invest in placemaking opportunities that capitalize on community assets - Master Plan
(Economic Development, page 10)
o Increase access to the Muskegon Lake shoreline - Master Plan (Jackson Hill, page 11).
The Planning Commission recommended approval of the request by a 7-2 vote at their special
meeting on October 23.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
zoning oridnance
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move that the request to rezone a portion of the property at 560 Mart St from Waterfront Marine to
Waterfront Industrial PUD be approved.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X No
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 286 of 434
Page 287 of 434
Page 288 of 434
Page 289 of 434
WI-PUD WATERFRONT INDUSTRIAL PLANNED UNIT DEVELOPMENT DISTRICTS
WI-PUD WATERFRONT INDUSTRIAL PLANNED UNIT DEVELOPMENT DISTRICTS
PREAMBLE
The Waterfront Industrial PUD district is established primarily for water-dependent, commercial shipping of
bulk, general cargo, or container goods by freighter, bulk carrier, tanker, tug barge, or other similar commercial
vessels. The WI-PUD District is intended to promote the consolidation of commercial port activities at the
eastern terminus of Muskegon Lake because of its proximity to the interstate, established industrial uses, and
isolation from residential zones. The intent is to localize this district to promote symbiotic relationships among
industrial port activities and to discourage the expansion of such activities elsewhere along Muskegon Lake
frontage. It is further the intent of this district to require planned unit developments for all projects to ensure a
mix of port uses that enhances the industrial economic base of the city. The planned unit development tool shall
be applied to promote flexibility in development and to enhance functional relationships among uses in the
district.
The general categories of uses permitted in the WI-PUD district are associated with standard industrial
classifications, major group industry 44, “Water Transportation” as found in the 1987 Standard Industrial
Classification Manual prepared by the Executive Office of the President, Office of Management and Budget.
SECTION 1504: USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted as planned unit
developments. Planned unit developments shall be reviewed and approved by the Planning Commission and
City Commission subject to the conditions outlined below.
PRINCIPAL USES:
1. Water transportation of freight.
2. Railroad and auto passenger ferries.
3. Marine cargo handling; loading, unloading and stevedore facilities.
4. Marine terminal uses including ancillary inter-modal transportation operations.
5. Any use with outside storage of aggregate, limestone, coal, slag, salt, sand or other bulk materials
shipped by commercial watercraft vessels and or barges.
6. Grain elevators.
7. Bulk and warehouse storage of goods shipped by commercial maritime vessels.
8. Towing and tugboat services for commercial freight water vessels.
9. Barge fleeting, mooring and servicing.
10. Lighterage.
11. Commercial engine and hull repair.
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WI-PUD WATERFRONT INDUSTRIAL PLANNED UNIT DEVELOPMENT DISTRICTS
12. Marine dock, breakwater, harbor construction and repair contracting.
13. Marine dredging contractors.
14. Palletizing, decanning, container stripping and packing operations associated with maritime shipping and
transport.
15. Bulk liquid facilities of non-hazardous materials.
16. Material recovery facilities that are entirely contained in buildings.
17. Commercial fishing facilities.
18. Manufacturing that is dependent on port facilities.
19. Any other uses which meet the intent of this district as deemed by the Planning Commission and City
Commission; except that in no case shall a prohibited use be permitted.
ACCESSORY USES:
1. Docks, wharves, piers or transit sheds or related facilities used in connection with the transfer, handling,
storage and transit and incidental processing of cargo from or to waterborne craft.
2. Truck or rail freight terminal supporting water freight transport.
3. Offices associated with port facilities and functions.
4. Parking decks.
5. Watchmen quarters employed on the premise.
6. Lift equipment to load and unload ships.
7. Weigh stations.
8. Lighthouse.
9. Fuel dock.
10. Seaplane base.
SECTION 1505: PROHIBITED USES
1. Asphalt batching.
2. Cement processing.
3. Storage of petroleum products stored in excess of 1,000 gallons.
4. Hazardous material or hazardous chemical storage or transport.
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WI-PUD WATERFRONT INDUSTRIAL PLANNED UNIT DEVELOPMENT DISTRICTS
5. Ship cleaning.
6. Salvage yards, ship scrapping, dismantling and wrecking operations not wholly contained in buildings.
7. Livestock holding.
8. Marine Salvage.
9. Open storage of fertilizers, agricultural lime and other chemicals.
10. Billboards.
SECTION 1506: REVIEW STANDARDS
The Planning Commission shall approve, deny or modify preliminary planned unit development plans, based
upon the site plan review and landscaping standards of this ordinance and the following standards below.
Likewise, the City Commission shall approve, deny, or modify final planned unit development plans (after review
and recommendation by the Planning Commission) based upon the following standards:
1. The uses proposed will have a beneficial effect, in terms of public health, safety, welfare, or convenience
of any combination thereof, on present and potential surrounding land uses. The uses proposed will not
adversely affect the public utility and circulation systems, surrounding properties, or the environment.
2. The uses proposed should be consistent with the land use plans adopted by the City.
3. The amount of open space provided is compatible with and meets the requirements of this ordinance,
which the Planning Commission or City Commission may modify, even though such modifications do not
conform to that required in other sections of this ordinance.
4. The amount of off-street parking areas is adequate, which the Planning Commission or City Commission
may modify even though such modifications do not conform to that required in other sections of this
ordinance.
5. The amount of landscaping and buffering areas provided are compatible with and meet the
requirements of this ordinance, which the Planning Commission or City Commission may modify even
though such modifications do not conform to that required in other sections of this ordinance.
6. The design provides for the protection or enhancement of significant natural, historical, or architectural
features within the proposed development area.
7. The uses proposed will result in safe, convenient, uncongested and well defined vehicular and pedestrian
circulation systems.
8. The land uses presented shall provide a mix of uses to perpetuate an economically viable, mixed use
port.
9. The project shall demonstrate adequate support services for all activities.
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WI-PUD WATERFRONT INDUSTRIAL PLANNED UNIT DEVELOPMENT DISTRICTS
10. Stockpiles of salt and agricultural lime must be covered or sufficiently isolated from the surface water to
prevent leaching.
11. Aggregate, salt, lime, or soil stockpiling areas shall not occupy more than 50% of the site or district.
12. Truck freight terminals shall not occupy more than 30% of the site area or district. Trucks shall be stored
a minimum of two hundred (200) feet from the ordinary high water mark.
SECTION 1507: AREA AND BULK REQUIREMENTS
The following are meant as general guidelines. Through the process of the Planned Unit Development process,
the Planning Commission may determine that changes to the standards are appropriate to both meet the needs
and objectives of the project and the city.
1. Minimum lot size: 43,560 sq. feet.
2. Maximum lot coverage:
Buildings: 75%
Pavement: 25%
3. Lot width: 150 feet (shall be measured at road frontage unless a cul-de-sac, then measured from
setback).
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3) times longer
its width.
5. Height limit: 3 stories or 50 feet.
Height measurement: In the case of a principal building, the vertical distance measured from the average
finished grade to the highest point of the roof surface where the building line abuts the front yard, except
as follows: to the deck line of mansard roofs, and the average height between eaves and the ridge of
gable, hip, and gambrel roofs (see Figure 2-2). If the ground is not entirely level, the grade shall be
determined by averaging the elevation of the ground for each face of the building (see Figure 2-3).
6. Front Setbacks:
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
7. Rear setback: 10 feet.
8. Setback from the ordinary high-water mark or wetland: 75 feet (principal structures only).
9. Side setbacks:
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WI-PUD WATERFRONT INDUSTRIAL PLANNED UNIT DEVELOPMENT DISTRICTS
1-story: 10 feet and 20 feet
2-story: 15 feet and 25 feet
3-story: 20 feet and 30 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-way line to the
nearest point of the determined drip line of buildings.
10. Zero lot line option: New principal buildings may be erected on the rear lot line and/or one side lot line
provided:
a. The building has an approved fire rating for zero-lot line development under the building code.
b. The building has adequate fire access preserved pursuant to fire code requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and recorded with
the County Register of Deeds and provided to the zoning administrator with the site plan or plot
plan.
e. It is not adjacent to wetlands, or waterfront.
11. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-line is
employed for a structure or fire access. At least fifty percent of all required front setbacks shall be
landscaped and adjacent to the road right-of-way. An average minimum greenbelt of 10 feet shall be
maintained along each street frontage.
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ARTICLE XIX – WM WATERFRONT MARINE DISTRICTS
ARTICLE XIX – WM WATERFRONT MARINE DISTRICTS
PREAMBLE
The WM Waterfront Marine Districts are designed to accommodate boating and water-oriented land and
building use along with those activities and services related to harbor and waterway improvements, thereby
facilitating navigation, and providing safe and economical waterfront developments.
SECTION 1900: PRINCIPAL USES PERMITTED
In the WM Waterfront Marine District, no building or land shall be used and no building shall be erected,
structurally altered, be used and no building shall be erected, structurally altered, or occupied except for one
(1) or more of the following specified uses, unless otherwise provided in this Ordinance:
1. Marinas including the out of water seasonal storage of boats.
2. Commissary facilities for the provision of food, beverages, and the like to be stores aboard boats.
3. Municipal or private beaches.
4. Retail businesses which supply commodities for persons using the facilities of the District, such as the
sale of boats, engines and accessories, fishing equipment, and other similar items.
5. Restaurants and cocktail lounges.
6. Hotels and motels.
7. Accessory buildings and accessory uses customarily incidental to the above Principal Uses Permitted.
8. Uses similar to the above Principal Uses Permitted.
SECTION 1901: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of
Section 2332 after review and approval of the use (and a site plan, if required) by the Planning Commission,
after Public Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the
Planning Commission:
1. Engine and hull repair shops.
2. Marine contracting.
3. Commercial fishing and processing facilities.
4. Accessory buildings and accessory uses customarily incidental to the above Special Land Uses Permitted.
5. Seasonal recreational camper, trailer parks and facilities.
6. Museums.
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ARTICLE XIX – WM WATERFRONT MARINE DISTRICTS
7. Uses similar to the above Special Land Uses Permitted.
SECTION 1902: PLANNED UNIT DEVELOPMENTS
Planned developments may be allowed by the Planning Commission under the procedural guidelines of Section
2101. The intent of Planned Unit Developments in the WM Waterfront Marine Districts is to allow mixed land
uses, which are compatible to each other, while prohibiting uses which would not be compatible or harmonious
with permitted uses.
SECTION 1903: AREA AND BULK REQUIREMENTS
1. Minimum lot size: 21,780 sq. feet.
2. Density (see definition in Article II): 24 dwelling units per buildable acre.
3. Dedicated open space requirement: 15%
4. Maximum lot coverage:
Buildings: 60%
Pavement: 25%
5. Lot width: 150 feet (shall be measured at road frontage unless a cul-de-sac, then measured from
setback).
6. Maximum building width: 50% (as a portion of the lot width).
7. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3) times longer
its width.
8. Height limit: 4 stories or 60 feet
Height measurement: In the case of a principal building, the vertical distance measured from the average
finished grade to the highest point of the roof surface where the building line abuts the front yard, except
as follows: to the deck line of mansard roofs, and the average height between eaves and the ridge of
gable, hip, and gambrel roofs (see Figure 2-2). If the ground is not entirely level, the grade shall be
determined by averaging the elevation of the ground for each face of the building (see Figure 2-3).
9. Front Setbacks:
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
10. Rear setback: 10 feet
11. Setback from the ordinary high-water mark or wetland: 75 feet (principal structures only).
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ARTICLE XIX – WM WATERFRONT MARINE DISTRICTS
12. Side setbacks:
1-story: 8 feet and 12 feet
2-story: 10 feet and 14 feet
3-story: 12 feet and 16 feet
4-story: 16 feet and 20 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-way line to the
nearest point of the determined drip line of buildings.
13. Zero lot line option: New principal buildings may be erected on the rear lot line and/or one side lot line
provided:
a. The building has an approved fire rating for zero-lot line development under the building code.
b. The building has adequate fire access preserved pursuant to fire code requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and recorded with
the County Register of Deeds and provided to the zoning administrator with the site plan or plot
plan.
e. It is not adjacent to wetlands, or waterfront.
14. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-line is
employed for a structure or fire access. At least fifty percent of all required front setbacks shall be
landscaped and adjacent to the road right-of-way. An average minimum greenbelt of 10 feet shall be
maintained along each street frontage.
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CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map and provide a zone change for 560 Mart St.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning to the following:
A portion of 560 Mart St from Waterfront Marine (WM) to Waterfront Industrial PUD (WI-PUD).
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
Page 298 of 434
CERTIFICATE
(Rezoning of 560 Mart St to WI-PUD)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does
hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission
of the City of Muskegon, at a regular meeting of the City Commission on the 10th day of November, at which
meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of
2006, and that minutes were kept and will be or have been made available as required thereby.
DATED: ___________________, 2025 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish Notice of Adoption to be published once within ten (10) days of final adoption.
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CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on November 10, 2025, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning for a portion of 560 Mart St.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the
City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2025
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 9, Title: Fisherman's Landing/Third Street Wharf Lake Front
2025 Development
Submitted by: Jonathan Seyferth, City Department: Manager's Office
Manager
Brief Summary:
For nearly a year, and at the direction of the City Commission, the City Manager and legal counsel
have been working with Mart Dock on the potential transition of Fisherman’s Landing Campground
into a commercial port. Enclosed is the final development agreement.
Detailed Summary & Background:
In September, staff presented a draft of the development agreement. At that time, several exhibits
were still incomplete. Following feedback from the commission and the public, the development
agreement, including exhibits, has been finalized.
Key points include:
• The City would lease Fisherman’s Landing to Mart Dock for 50 years, with an optional 40-year
renewal. Mart Dock would also have the option to purchase the site after 2028. The lease
would begin March 15, 2026.
• The campground will remain in operation until the City closes on/acquires the conversion
property (Verplank acreage).
• The City would purchase 2.5 acres of the Third Street Wharf property, using a portion of the $2.8
million state appropriation to cover costs.
• The City would agree to riparian restrictions at Third Street Wharf to safeguard docking (cruise
ships) and launching activities.
• The Mart Dock has agreed to keep the shoreline on the north side of the campground "soft" up
to 25 feet beyond the ordinary highwater mark. There will not be public access in this area.
• The development agreement notes that Mart Dock would be responsible for the cost of
moving the picnic pavilion and fishing dock at Fisherman's Landing.
• There will be an 18-month due diligence period regarding the Verplank Property
• Revenue sharing is outlined in the agreement.
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Funding:
• The City will sponsor or co-sponsor with Mart Dock grants for port infrastructure at Fisherman’s
Landing (most likely Port Infrastructure Development grants).
• The City would be compensated for the Fisherman’s Landing property in a pre-paid lease
(same value as a property sale) and use those funds to acquire the Verplank property (with
additional funding required to complete the purchase, the funding gap will be in the six-figure
range).
• The cost to rehab Verplank is still unknown. Staff is working with the Great Lakes and St.
Lawrence Seaway Cities Initiative to develop plans for the next steps in the redevelopment of
the Verplank properties into a park. (Including a list of unknowns, possible avenues forward for
grants, and planning options.) We anticipate securing grants for the river estuary restoration.
• The $2.8 million state enhancement grant (of which the City already holds one-quarter) would
support:
o Acquisition and improvements to the City-acquired Third Street property
o Sewer relocation, historic vessel preservation
• If Mart Dock/the City secures a Port Infrastructure Development Grant and operations begin at
Fisherman’s Landing, Mart Dock must cease operations at Mart Dock Proper within five years
(extendable one year at a time at the City Manager’s discretion).
• A deed restriction would be placed on the Mart Dock Parcel, requiring commission approval
to amend or remove. This restriction runs with the land and applies to current and future
owners.
o Prohibited uses: All port operations, including cargo handling, container storage, freight
loading/unloading, and related logistics
o Permitted uses:
▪ Cruise ship operations and related activities
▪ Boat storage, service, and repair (current allowable use under zoning via Special
Land Use)
▪ Marinas (by-right use under current zoning)
• Mart Dock Proper would be rezoned to Waterfront Industrial PUD (zoning ordinance attached),
with final approval to occur alongside the agreement. (2 (e))
• Fisherman’s Landing would also be rezoned to Waterfront Industrial PUD at the same time. This
is not explicitly stated in the agreement because, as property owner, the City has sole authority
to initiate the rezoning.
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This summary highlights the main elements of the agreement. Staff will present additional details at
Tuesday night’s Commission Meeting focusing on what's changed since the last presentation,
providing context and connecting this draft to the earlier public engagement presentations.
Public Engagement:
In Person:
• Muskegon Lake Watershed Partnership, January 7, 2025
• Muskegon Rotary, West Michigan Port Operators, January 9, 2025 (available on YouTube for
viewing)
• Parks & Recreation Advisory Committee, February 15, 2025
• Public Information Session #1 - Sim Ray Community Building at Smith Ryerson, January 27, 2025
• Public Information Session #2 - Public Works Building, February 4, 2025
• Neighborhood Associations of Muskegon, February 5, 2025
• Public Information Session #3 - The HUB, February 17, 2025
• Muskegon Chamber Governmental Affairs Meeting, March 4, 2025
• Commission Worksession, September 8, 2025
• Public Q&A Session at Muskegon High School, October 21, 2025 (available online for viewing)
• Muskegon Rotary Presentation, November 6, 2026 (available on YouTube for viewing)
• Commission Meeting, November 25, 2025
(more than 20 hours of large-scale public engagement. This does not include Neighborhood
Association Meetings attended where Ports & Parks have been a topic of discussion.)
Digital:
• Social media Q&A (taken from engagement questions/online/written feedback)
• Connect Muskegon Page
o All documents available on Connect Muskegon
o The public can provide feedback
o The public can sign up for updates when documents change/information changes on
the page (641 subscribers to Ports & Parks (86 only for Ports & Parks, 555 for all city
projects on Connect Muskegon))
o Summaries of public meetings can be viewed
o Copies of feedback received can be viewed
o Digital presentations (same presentations as given in the public information sessions)
Print:
• Covered in our Fall/Winter 2025 newsletter
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Staff presented a draft development agreement in September. This is an updated development
agreement, reworked in light of Commission feedback following the September & November
discussions.
Page 303 of 434
Updates include (not limited to):
- City will pay no more than the per-acre assessed value of the Fisherman's Landing Property for the
City's share of the Verplank Property
- Additional flexibility in the order of spending the $2.8 million state grant
- Additional flexibility in the due diligence period for the acquisition of the Verplank Property
-Transferability of the Fisherman's Landing property will need approval from the city
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 development agreement between West Michigan Dock and the City of Muskegon
as presented.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X
Head
Information
Technology
Other Division Heads X
Communication X
Legal Review X
Page 304 of 434
DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT ("Agreement") is made effective as of December
9, 2025, between the City of Muskegon, a Michigan municipal corporation ("City"), and West
Michigan Dock & Market Corporation, a Michigan corporation ("WMD"). City and WMD are
sometimes individually referenced as a "Party" and collectively referenced as "Parties" in this
Agreement.
RECITALS
A. City owns certain real property located in the City of Muskegon, commonly known
as 501 E. Western Ave., Muskegon, MI 49442 (Parcel No. ), more particularly described on
Exhibit A attached to this Agreement, together with all the improvements, fixtures, easements,
division rights, bonus division rights, re-division rights, hereditaments, and appurtenances
associated with that real estate ("Fisherman's Landing Property").
B. WMD owns certain real property located in the City of Muskegon more particularly
described in Exhibit B (Parcel No. 24-205-567-0002-00) ("WMD Property"). WMD engages in
commercial port activities on the portion of the WMD Property commonly known as the Mart
Dock, depicted on Exhibit C ("Mart Dock Parcel").
C. The Parties seek to collaborate on a redevelopment project to enhance public access
and use of the Muskegon Lake waterfront, historical preservation, and economic development of
the Fisherman's Landing Property and WMD Property.
D. WMD desires to lease, with an option to purchase, the portion of the Fisherman's
Landing Property set forth on Exhibit D ("FL Campground Property") and the City desires to
purchase the portion of the WMD Property depicted on Exhibit E ("City Acquired Property").
NOW, THEREFORE, for good and valuable consideration, the Parties agree as follows:
AGREEMENT
1. Background. The Parties agree that the Recitals set forth above are true and correct
and are incorporated into the body of this Agreement. This Agreement serves as a global agreement
with regards to the Parties' collaboration to enhance public access and use of the Muskegon Lake
waterfront, historical preservation, and economic development of the Fisherman’s Landing
Property and WMD Property, including the City Acquired Property. The Parties acknowledge and
agree that the agreements, obligations, and responsibilities described in paragraphs two through
seven are legally independent of one another, unless otherwise specified.
2. FL Campground Lease Agreement. Following the conclusion of the 2025
camping season or at a date as mutually agreed, but no later than January 1, 2026, the City shall
lease to WMD the FL Campground Property ("Campground Lease") (attached as Exhibit F).
The City shall deliver the FL Campground Property to WMD in a substantially similar condition
as it existed on the date of this Agreement, reasonable wear and tear excepted.
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(a) The Campground Lease shall be for a term of fifty (50) years, with one option to
extend for an additional period of forty (40) years (the “Campground Lease
Term").
(b) The Campground Lease shall require WMD to operate the FL Campground
Property as a campground until the closing of the Conversion Property Purchase
defined below in Section 5. WMD may terminate its obligation to operate the FL
Campground Property as a campground upon thirty (30) days’ written notice to the
City after the Conversion Property Purchase is completed, provided that such
termination shall not take effect during the camping season, defined as April 15 to
October 15, in which case WMD shall continue to operate the campground through
the end of the camping season before terminating its obligations. If the Conversion
Property Purchase does not close, WMD shall operate the FL Campground Property
as a campground for the Campground Lease Term per the conditions of the
Campground Lease.
(c) The Parties agree that the value of the FL Campground Property shall be determined
by an independent, licensed appraiser mutually selected by the Parties, whose
appraisal ("FL Campground Appraisal") shall be conducted at the Parties' joint
expense, with the cost allocated equally between the Parties. The appraiser selected
shall be the same appraiser used to determine the value of the City Acquired
Property. The Appraiser shall consider the restrictions in Section 2(g) when
determining the value of the FL Campground Property. The Parties' obligations
under this Agreement and the Campground Lease will be contingent on the receipt
of the FL Campground Appraisal that is satisfactory to each Party, in its sole
discretion. If either Party deems the initial FL Campground Appraisal
unsatisfactory, such Party shall notify the other in writing within thirty (30) days of
receipt of such initial FL Campground Appraisal. Upon such notice, the Parties
shall each select an additional independent, licensed appraiser. Both of the
additionally selected appraisers shall independently appraise the FL Campground
Property. The final appraised value shall be the average of the two appraisals
provided by the two additionally selected independent appraisers. The costs of the
additional independent appraisals shall be shared equally by the Parties. The final
appraised value, as determined pursuant to this subsection (c), shall be final,
binding, and conclusive on the Parties.
(d) The Parties agree that the total rent for the entire Campground Lease Term
("Campground Lease Payments") shall be paid in two installments. The first rent
payment shall be equal to the value of the City Acquired Property and is due upon
closing of the City Acquired Property. The second rent payment shall be equal to
the amount by which the value of the FL Campground Property exceeds the value
of the City Acquired Property (the “Second Rent Payment”), as determined
pursuant to Section 4(c) of this Agreement. The amount of the Campground Lease
Payments shall be equal to the appraised value of the FL Campground Property set
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forth in the FL Campground Appraisal, as determined pursuant to Section 2(c) of
this Agreement.
(e) The Parties agree to act diligently and in good faith with each other in connection
with WMD’s simultaneous application for rezoning of the Mart Dock Parcel to
allow waterfront industrial port terminal uses on no more than 65% of the Mart
Dock Parcel.
(f) Beginning on January 1, 2028, and continuing until the expiration of the
Campground Lease Term, WMD may exercise an option to purchase, and acquire
fee simple title through a quitclaim deed to the FL Campground Property from the
City ("WMD Option"); provided, however, that the WMD Option shall not be
exercisable unless and until both rent payments have been completed by WMD
under the Campground Lease, WMD is not in default of the Campground Lease,
and provided further that WMD may only exercise such WMD Option upon or after
the City’s closing on the purchase of the Conversion Property (as defined below),
Neighboring Property (as defined below) or Alternative Property as the case may
be. The Parties expressly intend that, upon WMD's exercise of the WMD Option
pursuant to the terms set forth in the Campground Lease, the Campground Lease
Payments shall constitute the economic consideration (i.e., the purchase price) for
the WMD Option.
(g) Language shall be included in the Campground Lease and in a quitclaim deed to
the FL Campground Property, upon WMD’s exercise of the WMD Option, to the
following effect: WMD shall be prohibited from developing the northwesterly
shoreline parallel to Muskegon Lake, (the “Muskegon Lake Shoreline”), for port
operations on the surface or against any dock face parallel to Muskegon Lake and
that any development on the FL Campground Property be set back at least 25 feet
from the ordinary high water line of the Muskegon Lake Shoreline.
Further, WMD may utilize the minimal portion of the Muskegon Lake Shoreline,
located closest to and perpendicular to the port slip, for the purpose of fortifying
and tying back the slip wall infrastructure and/or enhancing the port's surface load
capacity. Any portion of the Muskegon Lake Shoreline not required for these
purposes may be designed and improved for the purpose of erosion control and
surface drainage, provided that such improvements promote biotic connectivity
and, to the extent feasible, maintain the natural characteristics of the shoreline
consistent with the design of adjacent shores to the north of the FL Campground
Property.
(h) The Parties recognize that the port capacity at the terminal to be located on the FL
Campground Property (“FL Terminal”) will be developed over a period of years,
requiring substantial capital investment. Upon Commencement of Port Operations
at FL Terminal, WMD will have five (5) years to vacate port operations at the Mart
Dock Parcel, except that the City Manager may, at their sole and absolute
discretion, annually grant additional one-year extensions to WMD (together the
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“Mart Dock Vacation”). For the purposes of this Agreement, “Commencement of
Port Operations” shall mean the earliest of the following events: (i) the first loading
or unloading of cargo (whether containerized, bulk, or otherwise) onto or from a
vessel that isn’t solely for the purpose of constructing improvements at FL
Terminal; or (ii) the use of any FL Terminal infrastructure or equipment (including
berths, storage areas, or handling equipment) for the purpose of supporting port
operations that are not the result of constructing improvements at the FL Terminal.
For the avoidance of doubt, the “Commencement of Port Operations” shall be
triggered by the occurrence of any of the above events by any entity operating at
the FL Terminal with WMD’s consent, and shall not be limited to such events
undertaken by WMD.
(i) Upon Mart Dock Vacation, WMD agrees to contemporaneously create a deed
restriction on the property title of the Mart Dock Parcel, recorded in the public
records (the “Restriction”) (attached hereto as Exhibit G). WMD will require the
consent of the City to remove or modify the Restriction. The Restriction shall run
with the land, binding all current and future owners, tenants, lessees, licensees, and
occupiers of the property, and may be enforced by the City through legal means,
including injunctive relief and monetary penalties. The Restriction shall prohibit
any use of the Mart Dock Parcel for port operations of any kind, including but not
limited to cargo handling, container storage, loading or unloading of freight, and
related logistical support, except that the Mart Dock Parcel may be used as a port
solely for the embarking and disembarking of cruise ship and other commercial
excursion vessel passengers and associated cruise and excursion-related activities,
and recreational boat storage, service, and repair. No other port-related uses shall
be permitted under this exception. This exception shall in no way prohibit the
development and operation of private or public marina services at the Mart Dock
Parcel. If WMD fails to record the Restriction within sixty (60) days of Mart Dock
Vacation, the City is hereby authorized to file the Restriction on behalf of WMD.
(j) The Campground Lease shall be executed by the Parties simultaneously with the
execution City Acquired Property Purchase Agreement.
3. Profit Sharing Agreement. The Parties agree to enter into a Profit Sharing Agreement
(attached hereto as Exhibit H) in which WMD agrees to pay 0.3% of its operating
margins for each $1,000,000 of grant funds received to an entity as agreed upon by the
Parties. For the purposes of this Section, “WMD’s operating margins” shall mean the
total gross revenue from all sales or services rendered during the year by WMD from
its port operations on the Premises, less expenses directly attributable to WMD’s
operation on the Premises, including cost of goods sold, operating expenses, and except
for the items excluded from the calculation of Net Profits in Exhibit A of the Profit
Sharing Agreement. Certain items shall be excluded from operating expenses for this
calculation and will be further detailed in the Profit Sharing Agreement. WMD shall
provide to the City, on an annual basis, an accounting statement detailing WMD’s
operating margins. City shall have the right to conduct an independent audit of WMD’s
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financial records at the City’s sole cost, but not more than once every 12 months, to
verify the accuracy of the WMD’s operating margins calculations.
In the event of a sale, transfer, or merger of WMD, or a significant change in the
operations of the FL Campground Property, WMD shall notify the City in writing
within 30 days. The obligations under this Profit-Sharing Agreement shall survive any
such change, and the successor entity shall assume all of WMD’s responsibilities under
this Agreement, including but not limited to the payment of operating margin
percentages to the Fund. Failure to notify the City of such changes shall be considered
a material breach of this Agreement.
4. City Acquired Property Purchase Agreement. The Parties agree to enter into a
purchase agreement, in the form attached hereto as Exhibit I, whereby the City
acquires fee simple ownership in the City Acquired Property from WMD ("City
Acquired Property Purchase Agreement").
(a) The Parties agree that the warranty deed from WMD to the City for the City
Acquired Property will include a restriction that prohibits the City from using the
area along the perimeter of the City Acquired Property bordering the Third Street
Wharf and extending into the Third Street Wharf as depicted on Exhibit J
("Restricted Riparian Area"), in a manner that would unreasonably impede or
otherwise prohibit vessel docking and launching.
(b) The City acknowledges that the WMD Property is subject to a certain Declaration
of Restrictive Covenant for a Restricted Nonresidential (MDEQ Reference No.:
RC-RRD-201-18-041), which is recorded at Liber 4184, Page 454 of the Muskegon
County Register of Deeds ("Restrictive Covenant"), attached for reference as
Exhibit K. City understands that the Restrictive Covenant places restrictions and
limitations on development of the WMD Property. The City has reviewed the
Restrictive Covenant and is entering into this Agreement and the City Acquired
Property Purchase Agreement with full knowledge of the restrictions and
limitations imposed on development of the WMD Property.
(c) The Parties agree that the value of the City Acquired Property shall be determined
by an independent, licensed appraiser mutually selected by the Parties, whose
appraisal ("City Acquired Property Appraisal") shall be conducted at the Parties'
joint expense, with the cost allocated equally between the Parties. The appraiser
selected shall be the same appraiser used to determine the value of the FL
Campground Property, as described in Section 2(c), above. The Appraiser shall
consider the restrictions in Section 4(a) and 4(b) when determining the value of the
City Acquired Property. The Parties' obligations under this Agreement will be
contingent on the receipt of the City Acquired Property Appraisal that is
satisfactory to each Party, in its sole discretion. If either Party deems the initial City
Acquired Property Appraisal unsatisfactory, such Party shall notify the other in
writing within thirty (30) days of receipt of the initial City Acquired Property
Appraisal. Upon such notice, the Parties shall each select an additional independent,
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licensed appraiser. Both of the additionally selected appraisers shall independently
appraise the City Acquired Property. The final appraised value shall be the average
of the two appraisals provided by the two additionally selected independent
appraisers. The costs of the additional independent appraisals shall be shared
equally by the Parties. The final appraised value, as determined pursuant to this
subsection (c), shall be final, binding, and conclusive on the Parties.
(d) The City Acquired Property Purchase Agreement shall be executed by the Parties
simultaneously with the execution of the Campground Lease.
5. Conversion Property Purchase. In connection with the Campground Lease and
City Acquired Property Purchase Agreement, the City desires to enter into a real estate purchase
agreement with the then owner of the Conversion Property ("Conversion Property Owner") to
purchase an estimated 25-acre portion of the Neighboring Property (as defined below) located at
205 E. Western Avenue, Muskegon, MI 49442 (Parcel No. 61-24-117-300-0004-00) (the
“Conversion Property”). The City may, in its sole discretion select an alternate property to satisfy
this condition, but there shall be no obligation to do so (the “Alternate Property"). City intends
to use the proceeds from the Campground Lease to purchase the Conversion Property or Alternate
Property. The Conversion Property or Alternate Property must be similar in kind, nature, and value
to the FL Campground Property. It is the City's intent to acquire the Conversion Property to
develop the parcel into a City of Muskegon park for the public's use and benefit.
WMD has entered into a purchase agreement to purchase in fee simple (the "Option," attached as
Exhibit L) approximately 57 acres of the neighboring real estate on the terms identified in Exhibit
M from the current owner ("Neighboring Property"). The Parties shall enter into an Assignment
Agreement (the “Assignment,” attached as Exhibit M) to assign the Option from WMD to the
City.
The Assignment shall provide that:
(i) The Parties may mutually agree to have WMD exercise the Option any time until
December 31, 2027. Upon WMD’s exercise of the Option, WMD shall assign and
convey to the City those rights, title, interests, obligations and liabilities associated
with closing on the purchase of the Property. WMD shall deliver at closing (i) the
funds for that portion of the purchase price allocable to the 32 acres of the Property
that will be utilized by WMD (the “Additional Funds”) as further described in the
Campground Lease (the "Additional Leased Parcel"), with such allocation to be
calculated on a pro rata per-acre basis; (ii) Second Rent Payment (as defined in the
Campground Lease); and (iii) the portion of the purchase price allocable to
difference between the pro rata per-acre price for the Conversion Property,
provided that the per-acre price for the Conversion Property exceeds the per-acre
price WMD paid for the FL Campground Property. At closing the Parties shall add
the Additional Leased Property to the Campground Lease. Further, WMD shall
have the right, exercisable in its sole discretion, to elect to have the Additional
Leased Parcel added to the Campground Lease, pursuant to the terms set forth in
the Campground Lease. If any or all of the Additional Leased Property is conveyed
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to the City in a manner other than the Assignment described above, upon payment
to the City, WMD may elect to incorporate the Additional Lease Parcel into the
Campground Lease, with such payment allocation to be calculated based on the
City’s purchase price on a pro rata per-acre basis.
(ii) Until October 1, 2027, only upon having reached Mutual Satisfaction as described
in Section 1, the City may exercise the Call Option requiring WMD to exercise its
Option in the Option Agreement. If the City exercises the Call Option in this way,
the Property shall be directly conveyed from Seller to the City. If the City exercises
the Call Option, WMD shall not be required to pay (i) the Additional Funds;(ii) the
Second Rent Payment; and (iii) the portion of the purchase price allocable to
difference between the pro rata per-acre price for the Conversion Property (as
defined below), if the per-acre price for the Conversion Property exceeds the per-
acre price WMD paid for the FL Campground Property until WMD elects to add
the Additional Leased Parcel to the Campground Lease (the “Election”). WMD
shall provide written notice of the Election to the City. The Election shall be
effective only upon WMD’s simultaneous payment of the Additional Funds and the
Second Rent Payment to the City.
(iii) At any time after October 1, 2027, if the City has not exercised the Call Option and
the Parties have reached Mutual Satisfaction as described in Section 1, WMD shall
have the right to exercise the Option and close on the Property. If WMD closes on
the Property in this way, the Property shall be directly conveyed from Seller to the
City, and the Parties shall add the Property to the Campground Lease. If the
Property is conveyed in this way, the City shall have an option to remove an
estimated 25-acre portion of the Property (the “Conversion Property,” attached as
Exhibit B) from the Campground Lease upon written notice to WMD, such option
to be exercised within five years from the date of the date of WMD’s closing on the
Property (the “City Option”) with a simultaneous payment of a termination fee
(the “Termination Fee”). The Termination Fee shall be equal to the purchase price
allocable to the Conversion Property, calculated on a pro rata per-acre basis,
provided that the calculated purchase price allocable to the Conversion Property
shall not exceed the per-acre price paid by WMD for the FL Campground Property.
and less the value of the Second Rent Payment. If WMD closes on the Property
unilaterally, the Additional Funds and the Second Rent Payment shall be considered
paid in full. The Conversion Property is excluded from the WMD Option.
6. Utilization of Grant Funds for City Acquired Property Improvements. The
City commits to utilizing its $2,800,000 Michigan Enhancement Grant from the State of Michigan
(the "Grant Funds") in or around the City Acquired Property with use of such Grant Funds for
activities including, but are not limited to rerouting applicable sewer lines, the acquisition and
improvement of the City Acquired Property, and for the relocation and display of the USS LST
393 ("LST Vessel"). City agrees that fifty percent (50%) of any Grant Funds actually received
shall be utilized for the rerouting applicable sewer lines and for the relocation and display of USS
LST 393 (the “LST Allocation”). However, any Grant Funds expended by the City in connection
with the acquisition of the City Acquired Property shall be excluded from the calculation of the
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LST Allocation, and the LST Allocation shall be counted only after the City has finalized and
accounted for all acquisition cost following the completion of the City Acquired Property
purchase. The LST Allocation may be used for relocation and display of any other vessel which
might relocate in or around the City Acquired Property, subject to the Parties’ mutual agreement.
7. Financial Incentives & Grants. The City shall sponsor, co-sponsor, or, upon
mutual agreement allow an alternative sponsor for, WMD's application for grants to assist with
port infrastructure development at the FL Campground Property. The Parties shall also cooperate
in applying for any grant programs, as mutually agreed upon by the Parties. The cost of the
relocation or replacement of the pavilion and fishing dock located on the Fisherman’s Landing
Property shall be included in the port construction project. While WMD operates the FL
Campground Property as a campground, the pavilion and fishing dock shall be accessible to the
public. Upon commencement of construction of the port construction project, WMD shall relocate
or replace the pavilion and fishing dock at a location mutually agreed by the Parties. The City will
continue maintain the launch ramp, bathrooms, fish cleaning station, and fishing dock in its sole
discretion.
8. Representations and Warranties of City. City represents and warrants to WMD,
to the best of the City Manager’s knowledge, as follows:
(a) Organization and Powers. City is a Michigan municipal corporation, duly
organized, validly existing, and in good standing under the laws of the State of Michigan.
City has all requisite corporate power and authority to enter into this Agreement and to
carry out and perform all of its covenants and agreements contained herein.
(b) Authorization. The execution, delivery, and performance of this Agreement
by City has been duly authorized by all necessary action, pursuant to resolution passed by
the City Commission.
(c) No Conflict. The execution, delivery and performance by City of this
Agreement and consummation of the transactions contemplated hereby do not and will not,
except for conversion as governed by Michigan Department of Natural Resources (DNR)
law: (i) violate any provisions of law applicable to it or its ordinances, or any order,
judgment or decree of any court or other agency of government binding on it; or (ii) conflict
with, result in a breach of or constitute (with due notice or lapse of time or both) a default
under any of its contractual obligation, subject to the Encumbrances noted above.
(d) Governmental Consents. The execution, delivery and performance by City
of this Agreement and consummation of the transactions contemplated hereby may require
any registration with consent or approval of or notice to, or other action to, with or by,
federal, state or other governmental authority, judicial or regulatory body.
(e) Binding Obligation. This Agreement, when executed and delivered by the
Parties, will be a legally valid and binding obligation of City, enforceable against it in
accordance with its terms, except as such enforceability may be limited by applicable
bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors'
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rights generally, by general principles of equity, and subject to the Encumbrances noted
above.
9. Representations and Warranties of WMD. WMD represents and warrants to
City as follows:
(a) Organization and Powers. WMD is a Michigan corporation, duly
organized, validly existing, and in good standing under the laws of the State of Michigan.
WMD has all requisite corporate power and authority to enter into this Agreement and to
carry out and perform all of its covenants and agreements contained herein.
(b) Authorization. The execution, delivery, and performance of this Agreement
by WMD has been duly authorized by all necessary corporation action.
(c) No Conflict. The execution, delivery and performance by WMD of this
Agreement and consummation of the transactions contemplated hereby do not and will not:
(i) violate any provisions of law applicable to it; or (ii) conflict with, result in a breach of
or constitute (with due notice or lapse of time or both) a default under any of its contractual
obligations.
(d) Governmental Consents. The execution, delivery and performance by
WMD of this Agreement and consummation of the transactions contemplated hereby may
require any registration with consent or approval of or notice to, or other action to, with or
by, federal, state or other governmental authority, judicial or regulatory body.
(e) Binding Obligations. The execution, delivery and performance by WMD
of this Agreement and consummation of the transactions contemplated hereby do not and
will not: (i) violate any provisions of law applicable to it, or any order, judgment or decree
of any court or other agency of government binding on it; or (ii) conflict with, result in a
breach of or constitute (with due notice or lapse of time or both) a default under any of its
contractual obligation.
10. 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 days after sending by first class, registered, or certified mail.
Notices shall be sent to the Parties as follows:
To City: City of Muskegon
933 Terrace Street
Muskegon, MI 49440
Attn: City Manager
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Email: jonathan@shorelinecity.com (or the then City Manager’s email)
w/ copy to: Parmenter Law
601 Terrace St.
Muskegon, MI 49440
Attn: Muskegon City Attorney
To WMD: West Michigan Dock & Market Corporation
560 Mart St.
Muskegon, MI 49440
Attn: Max McKee, President
Email: MMcKee@sandproductscorp.com
w/ copy to: Warner Norcross + Judd LLP
150 Ottawa Avenue NW, Suite 1500
Grand Rapids, MI 49503
Attn: Rob Davies
Email: rdavies@wnj.com
11. Recording. This Agreement shall not be recorded; however, upon the request of
either party hereto, the other party shall join in the execution of a memorandum or "short form" of
this Agreement for the purposes of recordation.
12. Non-Binding Arbitration Prior to Litigation. Any dispute or matter arising in
connection with or relating to this Agreement shall first be submitted to non-binding arbitration
before either party may initiate a proceeding in Circuit Court. The non-binding arbitration shall be
conducted pursuant to applicable state or federal arbitration law. Any such dispute shall be
determined on an individual basis, shall be considered unique as to the facts, and shall not be
consolidated in any non-binding arbitration or other proceeding with any claim or controversy of
any other party. Participation in the non-binding arbitration process shall be a condition precedent
to the filing of any legal action in Circuit Court. The exclusive jurisdiction and forum for resolution
of any such dispute shall lie in Muskegon County, Michigan.
13. General Provisions.
(a) Governing Law. This Agreement will be governed by and interpreted in accordance
with the laws of the state of Michigan. The Parties agree that for purposes of any dispute in
connection with this Agreement.
(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.
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(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; Fax or Electronic Signatures. This Agreement may be executed in
counterparts, and each set of duly delivered identical counterparts which includes all signatories,
shall be deemed to be one original document. Electronic or fax copies of the signed Agreement
shall constitute a valid, enforceable agreement.
(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. This Agreement shall become effective on the date
when signed by all of the Parties as shown below (“Effective Date”). If the date for closing, for
the delivery of a document, or for giving of a notice, falls on a Saturday, Sunday or bank holiday,
then it shall be automatically deferred to the next day that is not a Saturday, Sunday or bank
holiday.
(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.
(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. 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, which approval shall not be unreasonably withheld, delayed, or conditioned.
[Remainder of page intentionally left blank].
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The Parties have executed this Agreement on the date set forth below.
City – City of Muskegon WMD – West Michigan Dock & Market
Corporation
By: _________________________________ By: _________________________________
Name: Kenneth Johnson Name: Max B. McKee
Title: Mayor Title: President
Date: _________________, 2025 Date: _______________, 2025
By: _________________________________
Name: Ann Meisch
Title: City Clerk
Date: _________________, 2025
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Exhibit A
Fisherman's Landing Property Legal Description
CITY OF MUSKEGON COM AT INTERSECTION OF N LN OF BLK 551 & W LN OF E
WESTERN AVE TH N 65 DEG 55 MIN W 200 FT TH N 78 DEG 45 MIN W 50 FT TH N 11
DEG 15 MIN E 600 FT TH N 78 DEG 45 MIN W TO CENTER OF MUSKEGON LAKE TO A
POINT TO BE HEREINAFTER REFERRED TO AS PT A RECOMMENCE AT POB TH SLY
ALG W LN OF E WESTERN AVE 140 FT TH N 80 DEG 30 MIN W 123.06 FT TH N 76 DEG
00 MIN W TO CENTER OF MUSKEGON LAKE TH NLY ALG CENTER OF MUSKEGON
LAKE TO POINT A BEING ENTIRE BLK 551 TH NLY 90 FT OF BLK 552 & PART OF BLKS
547 548 & 549 SUBJ TO AFFIDAVIT CONCERNING ASSIGNMENT OF ESMT 2320/960
SUBJ TO ESMT RECOR'D IN L/P 3673/635
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Exhibit B
WMD Property Legal Description
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 9 BLK 563 ALSO THAT PART OF
CENTRAL WARF LYING NLY OF SLY LN OF SD LOT 9 EXTD WLY ALSO PART OF LOT
2 BLK 567 LYING NWLY OF A LN BEG ON WLY LN THIRD ST 965.75 FT NWLY OF NE
COR BLK 566 & RUNNING TH S 24D 27M W TO SW LN BLK 567 TO CENTER OF
MUSKEGON LAKE ALSO PART OF LOT 2 BLK 567 BEG ON WLY LN THIRD ST 858.25
FT NWLY OF NELY COR BLK 566 NLY ALG THIRD ST 107.5 FT TH S 24D 27M W 378.8
FT TH S 41D 45M E 132.4 FT NELY ALG CURVE PAR TO GRAND TRUNK TRACKS TO
POB ALSO ENTIRE BLK 569
SUBJ TO ESMTS/COVENANTS L/P 3609/137
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Exhibit C
Mart Dock Parcel
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 9 BLK 563 ALSO THAT PART OF
CENTRAL WARF LYING NLY OF SLY LN OF SD LOT 9 EXTD WLY ALSO PART OF LOT
2 BLK 567 LYING NWLY OF A LN BEG ON WLY LN THIRD ST 965.75 FT NWLY OF NE
COR BLK 566 & RUNNING TH S 24D 27M W TO SW LN BLK 567 TO CENTER OF
MUSKEGON LAKE ALSO PART OF LOT 2 BLK 567 BEG ON WLY LN THIRD ST 858.25
FT NWLY OF NELY COR BLK 566 NLY ALG THIRD ST 107.5 FT TH S 24D 27M W 378.8
FT TH S 41D 45M E 132.4 FT NELY ALG CURVE PAR TO GRAND TRUNK TRACKS TO
POB ALSO ENTIRE BLK 569
EXC THAT PART OF BLK 567 LOT 2 & BLK 563 LOT 9, DESCRIBED AS FOLLOWS:COM
AT SE COR OF SAID BLK 566 BEING THE NW COR OF 3RD & WESTERN AVE FOR POB
THEN 1,944 FT NWLY ALG THE SW LINE OF 3RD ST TO NW COR OF LOT 9, BLK 563
ALSO W 100 FT & N 200 FT LOT 9 BLK 563 NW OF CURVE OF TERRACE PT RD
SUBJ TO ESMTS/COVENANTS L/P 3609/137
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Exhibit D
FL Campground Property
CITY OF MUSKEGON COM AT INTERSECTION OF N LN OF BLK 551 & W LN OF E
WESTERN AVE TH N 65 DEG 55 MIN W 200 FT TH N 78 DEG 45 MIN W 50 FT TH N 11
DEG 15 MIN E 600 FT TH N 78 DEG 45 MIN W TO CENTER OF MUSKEGON LAKE TO A
POINT TO BE HEREINAFTER REFERRED TO AS PT A RECOMMENCE AT POB TH SLY
ALG W LN OF E WESTERN AVE 140 FT TH N 80 DEG 30 MIN W 123.06 FT TH N 76 DEG
00 MIN W TO CENTER OF MUSKEGON LAKE TH NLY ALG CENTER OF MUSKEGON
LAKE TO POINT A BEING ENTIRE BLK 551 TH NLY 90 FT OF BLK 552 & PART OF BLKS
547 548 & 549 EXC EASTRLY 472FT
SUBJ TO AFFIDAVIT CONCERNING ASSIGNMENT OF ESMT 2320/960 SUBJ TO ESMT
RECOR'D IN L/P 3673/635
Subject to a final survey.
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Exhibit E
City Acquired Property
CITY OF MUSKEGON REVISED PLAT OF 1903
THAT PART OF BLK 567 LOT 2 & BLK 563 LOT 9, DESCRIBED AS FOLLOWS: WLY LN
COM AT SE COR OF SAID BLK 566 BEING THE NW COR OF 3RD & WESTERN AVE FOR
POB
THEN 1,944 FT NWLY ALG THE SW LINE OF 3RD ST TO NW COR OF LOT 9, BLK 563
ALSO W 100 FT & N 200 FT LOT 9 BLK 563 NW OF CURVE OF TERRACE PT RD
SUBJ TO ESMNTS/COVENANTS L/P 3609/137
Subject to a final survey.
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Exhibit F
Campground Lease
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LEASE
THIS LEASE ("Lease") is made and entered into on this 9th day of December 2025, by
and between the CITY OF MUSKEGON (the “Effective Date”), a Michigan municipal corporation
("City"), and WEST MICHIGAN DOCK & MARKET CORPORATION, a Michigan corporation
("WMD"). City and WMD are sometimes individually referenced as a "Party" and collectively referenced
as "Parties" in this Lease.
1. Premises. City is the owner of the real property commonly known as 501 E. Western
Avenue, in the City of Muskegon, Muskegon County, Michigan (Parcel No. 61-24-120-100-0001-
00), as legally described on the attached Exhibit A. City leases to WMD, and WMD hires from
City, only a portion of the Premises as further described an identified on the attached Exhibit B
(the “Premises”), on the terms and subject to the conditions contained herein, together with all
improvements, buildings, and appurtenances thereon and all apparatus, equipment, fittings, and
fixtures used in connection with the operation and maintenance of the Premises as listed on Exhibit
C.
2. Commencement Date; Term. The initial term of this Lease shall be fifty (50) years,
commencing on March 15, 2026 ("Commencement Date"), and expiring on March 14, 2076 ("Initial
Term"), unless sooner terminated or otherwise extended as provided herein. Provided WMD is not then in
default in the performance of any of its covenants and agreements under this Lease, WMD may renew this
Lease for one (1) additional forty (40) year term ("Renewal Term"), upon the same terms and conditions
as provided in this Lease. In order to exercise such renewal right, WMD shall serve City with written notice
of WMD’s election to renew not less than one hundred eighty (180) days prior to the end of the Initial Term.
The Renewal Term, if exercised, shall continue as if such term were part of the Initial Term of this Lease.
As used in this Lease, the word "Term" shall including the Initial Term of this Lease and any Renewal
Term.
3. Rent.
(a) "Rent" means the appraised value of the Premises, as determined in accordance
with the following appraisal process: The Parties agree that the value of the Premises shall be
determined by an appraisal ("Appraisal") of the Premises conducted by an independent, licensed
appraiser mutually selected by the Parties and at the Parties' joint expense, with the cost allocated
equally between the Parties. The Appraiser shall consider the restrictions as detailed in section 2(g)
of the Development Agreement, dated the same, between the Parties. The Parties' obligations under
this Lease will be contingent on the receipt of the Appraisal satisfactory to each Party, in its sole
discretion. If either Party deems the Appraisal unsatisfactory, such Party shall notify the other in
writing within thirty (30) days of receipt of such Appraisal. Upon such notice, the Parties shall each
select an additional independent, licensed appraiser. Both of the additionally selected appraisers
shall independently appraise the FL Campground Property. The final appraised value shall be the
average of the two appraisals provided by the two additionally selected independent appraisers.
The costs of the additional independent appraisals shall be shared equally by the Parties. The final
appraised value, as determined pursuant to this subsection (c), shall be final, binding, and
conclusive on the Parties.
(b) Rent shall be paid in two installment payments by WMD. The first Rent payment
shall be made within seven (7) days following the closing City’s purchase of a portion of 560 Mart
St., Muskegon, MI 49440 (Parcel No. 24-205-567-0002-00) (the “TSW Parcel”), depicted on
Exhibit D, in the amount equal to the price the City paid for the TSW Parcel (the “First Rent
Payment”). The second Rent payment shall be equal to the amount by which the value of the
Page 323 of 434
Premises exceeds the value of the TSW Parcel, as determined pursuant to Section 3(a) of this Lease
(the “Second Rent Payment”).
(c) WMD has entered into a purchase agreement to purchase in fee simple (the
"Option," attached as Exhibit E) approximately 57 acres of the neighboring real estate on the terms
identified in Exhibit D from the current owner (Parcel No. 61-24-117-300-0004-00 (the
"Neighboring Property"). The Parties shall enter into an Assignment Agreement (the
“Assignment,” attached as Exhibit F) to assign the Option from WMD to the City.
The Assignment shall provide:
i. The Parties may mutually agree to have WMD exercise the Option any time until
December 31, 2027. Upon WMD’s exercise of the Option, WMD shall assign and
convey to the City those rights, title, interests, obligations and liabilities associated
with closing on the purchase of the Property. WMD shall deliver at closing (i) the funds
for that portion of the purchase price allocable to the 32 acres of the Property that will
be utilized by WMD (the “Additional Funds,” attached as Exhibit C) as further
described in the Campground Lease (the "Additional Leased Parcel"), with such
allocation to be calculated on a pro rata per-acre basis; (ii) Second Rent Payment (as
defined in the Campground Lease); and (iii) the portion of the purchase price allocable
to difference between the pro rata per-acre price for the Conversion Property (as
defined below), provided that the per-acre price for the Conversion Property exceeds
the per-acre price WMD paid for the FL Campground Property (as defined in the
Development Agreement between the Parties dated the same). At closing the Parties
shall add the Additional Leased Property to the Campground Lease. Further, WMD
shall have the right, exercisable in its sole discretion, to elect to have the Additional
Leased Parcel added to the Campground Lease, pursuant to the terms set forth in the
Campground Lease. If any or all of the Additional Leased Property is conveyed to the
City in a manner other than the Assignment described above, upon payment to the City,
WMD may elect to incorporate the Additional Lease Parcel into the Campground
Lease, with such payment allocation to be calculated based on the City’s purchase price
on a pro rata per-acre basis.
ii. Until October 1, 2027, only upon having reached Mutual Satisfaction as described in
Section 1, the City may exercise the Call Option requiring WMD to exercise its Option
in the Option Agreement. If the City exercises the Call Option in this way, the Property
shall be directly conveyed from Seller to the City. If the City exercises the Call Option,
WMD shall not be required to pay (i) the Additional Funds (as defined below);(ii) the
Second Rent Payment (as defined in Campground Lease); and (iii) the portion of the
purchase price allocable to difference between the pro rata per-acre price for the
Conversion Property (as defined below), if the per-acre price for the Conversion
Property exceeds the per-acre price WMD paid for the FL Campground Property until
WMD elects to add the Additional Leased Parcel (as defined below) to the
Campground Lease (the “Election”). WMD shall provide written notice of the Election
to the City. The Election shall be effective only upon WMD’s simultaneous payment
of the Additional Funds and the Second Rent Payment to the City.
iii. At any time after October 1, 2027, if the City has not exercised the Call Option and the
Parties have reached Mutual Satisfaction as described in Section 1, WMD shall have
the right to exercise the Option and close on the Property. If WMD closes on the
Property in this way, the Property shall be directly conveyed from Seller to the City,
and the Parties shall add the Property to the Campground Lease. If the Property is
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conveyed in this way, the City shall have an option to remove an estimated 25-acre
portion of the Property (the “Conversion Property,” attached as Exhibit B) from the
Campground Lease upon written notice to WMD, such option to be exercised within
five years from the date of the date of WMD’s closing on the Property (the “City
Option”) with a simultaneous payment of a termination fee (the “Termination Fee”).
The Termination Fee shall be equal to the purchase price allocable to the Conversion
Property, calculated on a pro rata per-acre basis, provided that the calculated purchase
price allocable to the Conversion Property shall not exceed the per-acre price paid by
WMD for the FL Campground Property. and less the value of the Second Rent
Payment. If WMD closes on the Property unilaterally, the Additional Funds (as
defined below) and the Second Rent Payment shall be considered paid in full. The
Conversion Property is excluded from the WMD Option (as defined in the
Campground Lease).
All Rent payment(s) and Additional Rent payment(s) made, or accounted for as described below,
by WMD shall be credited toward the Purchase Price (as defined below) and treated as economic
consideration under WMD’s purchase option set forth in Section 28.
4. Use of Premises.
(a) Except as otherwise set forth herein, WMD shall use the Premises for the operation
of a campground ("Campground Operations"). For the purposes of this Lease, “Campground
Operations” shall mean WMD’s obligations to perform the following during Campground
Operations Term (as defined below):
i. WMD shall operate the campground facility in an efficient and competent
manner and shall adhere to generally accepted standards for the operation of
campgrounds of similar size, nature, and location. The campground shall be
open, at a minimum, from April 15th to October 15th on an annual basis (the
“Campground Season”). During the Campground Season, the campground
must remain open at reasonable hours for check-in and check-out, and staff
must be available for customer service and maintenance during all staffed
operational hours.
ii. WMD shall maintain a minimum of 105 campsites available for daily rental
throughout each Campground Season.
iii. WMD shall establish and maintain clear and efficient check-in and check-out
procedures for guests, including providing necessary documentation (such as
guest registrations, liability waivers, and rules of conduct).
iv. WMD shall ensure that the premises are maintained in a clean and acceptable
condition, including regular upkeep of the grounds such as mowing the grass
and picking up litter. WMD shall make necessary capital improvements,
replacements, and upgrades to keep the park and its facilities safe, accessible,
and functional for use.
v. WMD shall supply cleaning supplies and paper products as necessary for the
maintenance and operation of the restroom and shower facilities.
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vi. WMD shall use reasonable measures to secure and maintain any and all
required licenses and permits for the operation of a campground on the
Premises.
vii. WMD shall be responsible for preparing the Premises for each season,
including but not limited to winterizing systems, ensuring proper drainage for
the spring thaw, and inspecting all structures (e.g., cabins, pavilions, etc.) for
weather-related damage before opening for the season.
viii. WMD shall ensure that all waste, including trash, sewage, and hazardous
materials, is properly disposed of in accordance with local and state
environmental regulations. WMD is responsible for maintaining waste
disposal systems, including any septic tanks, sewer lines, or trash removal
systems.
ix. WMD shall be responsible for ensuring that appropriate signage is posted
around the campground, including but not limited to safety rules, fire safety
information, campground regulations, emergency contacts, and any local
ordinances or restrictions.
x. WMD shall maintain and display emergency procedures for guests, including
evacuation routes, emergency contact information, and instructions in case of
fire, medical emergency, or natural disaster.
xi. WMD shall be responsible for commercially reasonable control of rodents,
insects, and other pests that could negatively affect the health and safety of the
campers or damage the Premises.
xii. WMD shall ensure that all operations, activities, and facilities comply with all
applicable local, state, and federal health and safety standards. This includes
but is not limited to fire safety, sanitation standards, accessibility requirements,
and food service safety, consistent with existing operations, if applicable.
xiii. WMD shall operate the campground in a manner that provides a safe and
welcoming environment, for guests. WMD agrees to respond promptly to
guest inquiries and complaints, and take reasonable steps to ensure that all
guests comply with campground rules and regulations. WMD shall maintain
an active system for receiving and addressing guest feedback and complaints.
(b) WMD may terminate its obligation to provide Campground Operations at the
Premises under this Lease upon thirty (30) days' written notice to City; provided that such
termination may only occur upon or after City’s closing on the purchase of the Neighboring
Property and provided further that such termination shall not take effect during the camping season,
defined as April 15th to October 15th, in which case WMD shall continue to operate the
campground through the end of the camping season before terminating its obligations. WMD may
not terminate its obligation to provide Campground Operations prior to November 1, 2026 (together
with the above, the “Campground Operations Term”).
(c) Upon termination of the Campground Operations Term, WMD shall use the
Premises only in accordance with Waterfront Industrial PUD zoning district solely for the operation
of commercial port, which may include, but are not limited to, the docking, loading, and unloading
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of vessels, the management of port facilities, and any ancillary services related to the operation of
a commercial port. WMD shall not engage in any other business or use of the Premises without the
prior written consent of the City. Upon termination of the Campground Operations Term, WMD
shall work in diligently and in good faith to complete the construction of its port facilities and
commence port operations. WMD shall take all commercially reasonable actions necessary to
ensure that the port facilities are operational and that port operations commence in a timely manner.
5. Possession. WMD shall have possession of the Premises on the Commencement Date.
6. As-Is. WMD shall perform a visual inspection of the Premises no later than thirty (30)
days prior to the Commencement Date to determine if there were any substantial changes to the Premises
or removal of substantial equipment from the Premises after the 2025 camping season (the “First WMD
Inspection”). Except as otherwise expressly set forth in this Lease, WMD agrees that City shall not be
obligated to make improvements, alterations, or replacements to the Premises unless they are to remedy
any substantial changes or removal of substantial equipment from the Premises after the 2025 camping
season. WMD shall perform an inspection of the Premises on or about April 15, 2025 to ensure the Premises
was properly winterized after the 2025 camping season (the “Second WMD Inspection”). Upon written
notice by WMD, by no later than May 1, 2026, the City shall have a commercially reasonable amount of
time to perform any necessary repairs or make necessary replacements. Except as otherwise provided in
this Lease, by taking possession of the Premises on the Commencement Date, WMD shall be deemed to
have accepted the Premises in its as-is and where-is condition and acknowledged that the Premises are in
satisfactory condition and repair.
7. Repair and Maintenance. Until the termination of the Campground Operations Term,
WMD shall keep, maintain, repair and replace the Premises, and each component of the Premises, including
but not limited to any improvements, all grounds, shoreline, equipment, structures, and amenities, in good
order, condition, and repair. WMD shall be responsible for normal, routine maintenance and care of the
Premises including all necessary maintenance, repairs, and replacements of the electrical and plumbing
systems servicing the Premises, as well as all normal, routine, and preventative maintenance and care of
other electrical and plumbing systems servicing the Premises, as well as minor repairs of the same. WMD
shall, at its own expense shall install and maintain fire extinguishers, other protection devices, and/or fire
suppression or prevention facilities or systems as may be required by any agency having jurisdiction and
the insurance underwriters insuring the Premises. Any repairs, replacements, systems, improvements, or
alterations necessary or required for fire protection/suppression within the Premises shall be completed by
WMD. WMD shall keep and maintain the Premises in accordance with the laws of the State of Michigan
and in accordance with all directions, rules and regulations of the governmental agencies having
jurisdiction, at the sole cost and expense of WMD, and WMD shall comply with all Legal Requirements,
ordinance and otherwise, affecting the Premises.
At all times during the Term, all maintenance, repairs and/or replacements made to the Premises
by or on behalf of WMD shall be made and performed (i) at WMD’s cost and expense (subject to the
limitations above), (ii) by fully licensed, insured, and bonded contractors and mechanics, (iii) in a good and
workmanlike manner, (iv) with materials at least equal in quality, value, and utility to those being
maintained, repaired and/or replaced in their respective original state, (v) in accordance with such
reasonable requirements as City may impose with respect to insurance to be obtained by WMD or WMD’s
contractors with respect to such work, (vi) in compliance with all applicable Legal Requirements in all
material respects, and (vii) free and clear of any mortgage, pledge, lien, encumbrance or security interest
of any kind, including any Liens.
8. Alterations, Additions, and Improvements. Upon termination of the Campground
Operations Term, WMD shall have the right, at its sole cost and expense, to make alterations, additions,
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and improvements to the Premises as WMD deems necessary or desirable for its use. WMD shall not be
required to obtain City’s consent, only in its capacity as City, for any such alterations, additions, and/or
improvements. WMD is subject to all zoning ordinance requirements, Legal Requirements, and applicable
governmental approvals.
9. Covenant Against Liens. WMD has no express or implied authority to create or place, or
permit to be placed, any mechanic’s lien, construction lien, charge, order for payment of money, or any
other lien or encumbrance of any kind whatsoever (a “Lien”) upon, or in any manner to bind the interest of
City or WMD in, the Premises, or any other part of the Premises for any claim in favor of any person dealing
with WMD, including those who may furnish materials or perform labor for any construction or repairs,
and will not subject the Premises, or any part thereof or City’s interest in the Premises to any Liens of any
kind. WMD shall at all times keep the Premises, free from any and all Liens arising out of any work
performed, materials furnished, or obligations incurred by or for WMD or any of WMD’s Agents. If any
Lien is filed as a result of the act or omission of, or work performed by or at the direction of, WMD or any
of WMD’s Agents, WMD will cause such Lien to be immediately discharged, but in no event later than
fifteen (15) days after notice from City thereof. If WMD fails to cause the Lien to be fully discharged and
released within the 15-day period, then, in addition to any other right or remedy, City will be entitled, but
not obligated to, discharge the same by paying the amount claimed to be due or by deposit or bonding
proceedings. WMD will indemnify and save City and City’s Agents harmless from all Losses (defined
below) to the extent arising from any Liens filed as a result of the act or omission of, or work performed by
or at the direction of, WMD or any of WMD’s Agents, or arising from WMD’s failure to timely discharge
same. WMD shall reimburse City for any and all reasonable costs and expenses which may be incurred by
City by reason of the filing of any such Liens and/or the removal of same, such reimbursement to be made
within 10 days after receipt of a statement from City setting forth the amount of such costs and expenses.
10. Compliance with Legal Requirements. WMD shall, at its sole cost and expense, comply
with all Legal Requirements insofar as it relates to the use of the Premises by WMD and WMD’s managers,
directors, contractors, officers, employees, agents, invitees, or assignees (the “WMD’s Agents”). WMD
shall be responsible for ensuring that all applicable covenants, restrictions, easements, zoning and other
Legal Requirements in effect as of the date hereof and as of the Commencement Date permit the use of the
Premises for the above Use(s) and uses incidental thereto.
11. Expenses. WMD shall be responsible for all Operating Costs for the Premises, which will
mean all costs, expenses, fees, sums, and disbursements (and taxes thereon) of any kind or nature
whatsoever incurred in connection with the leasing, operation, cleaning, repair, safety, management,
security or maintenance of the Premises that City or WMD shall pay or become obligated to pay, including,
but not limited to, (A) property management fees; (B) wages and salaries of all employees engaged in the
operation, maintenance, or security of the Premises, including all taxes, insurance and benefits relating to
such employees; (C) WMD’s Insurance with respect to the Premises of every kind and nature; (D) energy
costs, including cost of heating, air conditioning, gas and electrical service; (E) water, sewer, and other
utility costs; (F) the cost of interior and exterior repairs, maintenance, replacements (including capital
repairs and replacements), and painting, including, without limitation, all maintenance, repair and
replacement, as well as repairs, replacements, and maintenance of all parking areas on or servicing the
Premises, including, without limitation, snowplowing, snow and ice removal, and parking lot striping and
resurfacing; (G) the cost or rental of all supplies, tools, materials, and equipment; (H) the cost of cleaning
and sanitary control, dumpsters, and removal of trash, rubbish, garbage, and other refuse from the Premises;
(I) charges of independent contractors performing work included within this definition of Operating
Expenses; (J) legal, accounting, and other professional fees and disbursements incurred in connection with
the operation and management of the Premises; (K) costs and expense of fire suppression systems and other
safety and/or security systems and repairs and maintenance thereof; (L) gardening, landscaping, and
irrigation costs and repairs, including, without limitation, lawn maintenance, fertilizer costs, sprinkler
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system costs; snow and ice removal from the Premises; (M) licensing and permitting fees, costs, and
expenses incurred in connection with the operation of the Premises; and (N) all real estate taxes,
assessments of any kind (special or otherwise), real property taxes, sewer and water rents, rates and charges,
and any other governmental levies, impositions and charges of a similar nature, which may be levied,
assessed or imposed on or in respect of all or any part of the Premises, whether or not the same constitute
one or more tax lots.
12. Services and Utilities.
(a) All lines and current utility connections at the Premises are taken “As-Is, Where-
Is.” WMD shall be responsible for the installation of any supply runs, hook-ups to WMD-owned
or leased equipment, fixtures, or trade fixtures, pipes or other facilities required for services from
the connection points currently provided within and throughout the Premises.
(b) WMD will be responsible for all costs and charges of all water, sewer, electricity,
gas, trash removal, janitorial, security services, cable, telephone, internet, and any other utility
service of any kind provided to or used at the Premises (together, “Services”). WMD will directly
pay, without penalty or delinquency, for any and all such Services provided to or used at the
Premises, to the extent separately metered. Notwithstanding anything to the contrary herein,
WMD’s responsibility for all costs and charges of all Services shall begin upon the Commencement
Date.
13. Environmental Compliance.
(a) WMD represents and warrants that (i) it will conduct its activities on the Premises
in compliance with all applicable Environmental Laws and Environmental Permits; (ii) WMD will
not, nor will it allow any guests, agents, or invitees to bring any hazardous substances or hazardous
wastes, products or pollutants, including without limitation asbestos, oil, or any other substances
defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous
materials,” “extremely hazardous wastes,” “restricted hazardous wastes,” “toxic substances,”
“toxic pollutants,” “contaminants,” or “pollutants,” or words of similar import, under any
Environmental Laws (collectively called “Hazardous Substances”), onto or into the Premises or
any part of the Premises; and (iii) the Premises will not be used by WMD to emit through ground,
water or air, or to refine, manufacture, generate, produce, store, contain, handle, transfer, process,
treat or transport, Hazardous Substances; provided, however, WMD may have limited quantities of
Hazardous Substances used or stored at the Premises to the extent required in connection with its
routine operations at the Premises, and then only in strict compliance with all applicable
Environmental Laws and Environmental Permits.
(b) City shall not be responsible for any and all liabilities, damages, losses, costs,
assessments, penalties, fines, expenses and fees, including reasonable legal fees and costs, that City
or City’s managers, directors, contractors, officers, employees, agents, guests, invitees, or assignees
(“City’s Agents”) may incur or suffer arising from or related to (i) the existence or discovery of
Hazardous Substances on the Premises or released into the environment that are caused by the acts,
omissions, or negligence of WMD or WMD’s Agents or by the use of the Premises or any of the
Common Areas by WMD or WMD’s Agents, (ii) any Environmental Claim arising from the acts,
omissions, or negligence of WMD or any of WMD’s Agents, (iii) WMD’s breach of any of the
above representations and warranties. The indemnifications of this Section specifically include
reasonable costs, expenses and fees incurred in connection with any investigation of Premises
conditions or any clean-up, remedial, removal or restoration work required, or (iv) any Hazardous
Substances or environmental conditions on, under, or about the Premises that predate the
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Commencement Date of the Lease, whether or not such conditions were caused, contributed to, or
permitted by the City or City’s Agents, including without limitation all investigation, monitoring,
containment, removal, remediation, response, restoration costs, or response actions required by law
or under applicable regulations.
(c) For purposes of this Section, “Environmental Laws” means any federal, state, or
local statute, law, rule, regulation, ordinance, code, policy, or rule of common law now or hereafter
in effect and in each case as amended, and any judicial or administrative interpretation thereof,
including any judicial or administrative order, consent decree, or judgment, relating to the
environment, health, safety, or Hazardous Substances in any way; “Environmental Claims” means
any and all administrative, regulatory, or judicial actions, suits, demands, demand letters, claims,
liens, notices of non-compliance or violation, investigations, proceedings, consent orders, or
consent agreements relating in any way to any Environmental Law or any Environmental Permit,
including without limitation (i) any and all Environmental Claims by governmental or regulatory
authorities for enforcement, clean up, removal, response, remedial, or other actions or damages
pursuant to any applicable Environmental Law and (ii) any and all Environmental Claims by any
third party seeking damages, contribution, indemnification, cost recovery, compensation, or
injunctive relief resulting from Hazardous Substances or arising from alleged injury or threat of
injury to health, safety, or the environment; and “Environmental Permits” means all permits,
approvals, identification numbers, licenses, and other authorizations required under any applicable
Environmental Law.
14. Indemnification. WMD shall defend, indemnify and hold City, its successors, WMDs,
assigns, officers, directors, shareholders, members, managers, employees and agents, harmless from and
against any and all liabilities, obligations, damages, penalties, claims, costs and expenses, including
reasonable attorneys' fees, paid or incurred as a result of or in connection with: (i) WMD's use or occupancy
of the Premises, (ii) any breach by WMD, WMD's agents, contractors, employees, customers, invitees, or
licensees, of any covenant or condition of this Lease, or (iii) any act or omission of the WMD, or WMD's
agents, contractors, employees, customers, invitees or licensees. WMD's liability under this Lease extends
to the acts and omissions of any WMD, and any agent, contractor, employee, customer, invitee or licensee
of any WMD. In case any action or proceeding is brought against City by reason of any such claim, WMD,
upon written notice from City, will, at WMD's expense, resist or defend such action or proceeding by
reasonable counsel chosen by City in writing.
15. Assignment and Subletting. Neither Party shall assign all or any portion of its rights and
obligations contained in this Agreement, including WMD’s Campground Operations, without the express
prior written approval of the other party. (the foregoing herein collectively called "Transfers"). The
foregoing notwithstanding, if WMD is not in default of this Lease and the assignee will operate the premises
as a port, City's consent shall not be required and the assigning WMD shall be released from liability under
this Lease for any Transfer: (a) to any parent, subsidiary or entity related or affiliated with WMD that has
substantially the same net worth as WMD; (b) made as part of a sale of all or substantially all of WMD's
assets, merger, consolidation or reorganization of WMD, or transfer as part of the sale of the stock of, an
interest in or the assets or property of WMD or of a transferee to whom City has consented; or (c) to a
transferee to whom City has consented or the parent, subsidiary or entity related or affiliated with WMD or
such transferee (each, a “Permitted Transfer”), provided that in the event of any Permitted Transfer, (i)
the successor WMD shall have a net worth equal to or greater than WMD at the time of the Permitted
Transfer, (ii) WMD shall have first provided sixty (60) days prior written notice of the Permitted Transfer,
and (iii) the Profit-Sharing Agreement between City and WMD dated 12/09/2025 is simultaneously
assigned to the same entity (the “Profit-Sharing Agreement”).
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16. Default. The following events shall be deemed to be events of default (each, a "Default")
by WMD under this Lease: (a) WMD fails to pay Rent or Additional Rent within ten (10) days following
written notice from City that such payment is overdue; (b) WMD breaches or otherwise fails to perform
any other term or obligation under this Lease or violates any Legal Requirement, and such breach, violation,
or failure shall continue for 30 days after written notice from City (unless such default is not reasonably
capable of being cured within such thirty (30) day period, City may exercise all remedies available to City
at law and equity); provided, however, that if the cure cannot be completed within 30 days and WMD
promptly commences such cure upon receipt of City’s notice and thereafter diligently pursues such cure to
completion, WMD shall be afforded the benefit of such additional period of time as may be necessary to
complete such cure, but in no event more than an additional 45 days (or such lesser applicable period if
required under any applicable Legal Requirement; (c) WMD files a voluntary petition in bankruptcy or
shall be adjudicated as bankrupt or insolvent, or shall file any petition or answer seeking any reorganization,
arrangement, composition, readjustment, liquidation, dissolution or similar relief under the present or any
future federal bankruptcy act or any other present or future federal, state or other bankruptcy or insolvency
statute or law, or shall seek or consent to or acquiesce in the appointment of any bankruptcy or insolvency
trustee, receiver or liquidator of WMD or of all of any substantial part of WMD’s properties or of the
Premises; (d) WMD shall attempt or there shall occur any assignment, subleasing or other Transfer of
WMD’s interest in or with respect to this Lease or the Premises except as otherwise expressly permitted in
this Lease; (e) WMD shall fail to timely discharge any Lien pursuant to Section 9 above; (f) WMD dissolves
or otherwise fails to maintain its legal existence; (g) WMD is in default of the Profit-Sharing Agreement;
or (h) WMD fails to continuously maintain any insurance required to be maintained by WMD pursuant to
this Lease or such insurance shall be canceled or terminated or shall expire or shall be reduced or materially
changed and such required insurance coverage is not restored within forty-eight (48) hours.
17. City's Remedies Upon Default.
(a) In the event of any Default by WMD as set forth in Section 16 above, City, at its
option, may exercise any and all of its rights and remedies provided in this Lease, as well as any or
all rights and remedies available at law or in equity. Included among City’s remedies is the right to
terminate this Lease and/or WMD’s right of possession of the Premises by any lawful means, in
which case WMD shall immediately surrender possession to City. Any and all third party out-of-
pocket costs, expenses and disbursements, of any kind or nature, reasonably incurred by City in
connection with the successful enforcement of any and all of the terms and provisions of this Lease,
including attorneys’ reasonable fees (through all appellate proceedings), shall be due and payable,
as Additional Rent, upon City’s submission of an invoice therefore. If WMD shall be in Default
under this Lease, City may cure the Default at any time for the account and at the expense of WMD.
If City cures any Default on the part of WMD, WMD shall reimburse City, upon demand, for any
third party out-of-pocket amount reasonably expended by City to effectuate the cure, including,
without limitation, reasonable attorneys’ fees.
(b) The rights and remedies of City set forth herein shall be in addition to any other
right and remedy now and hereafter provided by law. All rights and remedies shall be cumulative
and not exclusive of each other. A single or partial exercise of a right or remedy shall not preclude
a further exercise thereof, or the exercise of another right or remedy from time to time. No delay
or omission by City in exercising a right or remedy shall exhaust or impair the same or constitute
a waiver of, or acquiescence to, a Default. No waiver of Default shall extend to or affect any other
Default or impair any right or remedy with respect thereto, and no waiver of a Default shall be
effective unless it is in writing and signed by City.
(c) Neither the termination of this Lease nor the exercise of any remedy under this
Lease or otherwise available at law or in equity shall affect City’s right of indemnification set forth
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in this Lease or otherwise available at law or in equity for any act or omission of WMD, and all
rights to indemnification and all other obligations of WMD intended to be performed after
termination of this Lease shall survive termination of this Lease
18. City Default; Remedies. If City fails to perform any obligation under this Lease and such
failure continues beyond a reasonable period of time, not to exceed thirty (30) days after City's receipt of
written notice from WMD specifying in reasonable detail the nature of such failure (unless such default is
not reasonably capable of being cured within such thirty (30) day period and City is diligently prosecuting
such cure to completion) ("City Default"), WMD may, by written notice to City, elect to cure the City
Default and City shall, on demand, reimburse WMD for the cost of curing the City Default. Additionally,
in the event City’s default cannot be cured as set forth herein, WMD may exercise all remedies available to
WMD at law and equity.
19. Termination; Surrender of Possession.
(a) City shall have the right to terminate this Lease upon written notice to City in the
event that either Party terminates the City Acquired Property Purchase Agreement prior to the
closing of its purchase of the City Acquired Property. Neither Party shall have any further rights or
obligations, hereunder, except for those that expressly survive termination of this Lease.
(b) WMD shall have the right to terminate this Lease upon 60 days written notice to
the City. Such termination shall not take effect during the camping season, defined as April 15th to
October 15th. Neither Party shall have any further rights or obligations, hereunder, except for those
that expressly survive termination of this Lease.
(c) Upon the expiration or termination of this Lease, whether by lapse of time,
operation of law or pursuant to the provisions of this Lease, WMD shall (a) remove all of its
personal property from the Premises and repair any damage to the Premises caused by such
removal; and (b) surrender possession of the Premises to City clean and undamaged, normal and
customary wear and tear, casualty event, and eminent domain excepted.
20. Insurance; Release. By this Section, City and WMD intend that the risk of loss or
damages described in this Section shall be borne by responsible insurance carriers licensed in the state of
Michigan, to the extent provided in this Lease.
(a) WMD shall maintain, at its sole cost and expense, insurance coverage customary
for properties of similar use and nature, including but not limited to comprehensive general liability
insurance, property insurance covering improvements and personal property, and any other
insurance required by applicable laws or reasonably required by City and shall contain a clause that
the insurer will not cancel or change the insurance without first giving the City thirty (30) days
prior written notice.
(b) WMD's insurance policies shall name City as an additional insured. Following
City’s written request, WMD shall deliver to City evidence of its required insurance coverage.
(c) All insurance required to be maintained by WMD herein shall be with an insurance
company authorized to do business in the State of Michigan, with a rating of at least “A ” or better,
unless otherwise approved by City in writing, and a copy of the paid-up policies evidencing such
insurance or certificates of insurers certifying to the issuance of such policies shall be delivered to
City prior to commencement of the Term and upon renewals not less than 30 days prior to the
expiration of such coverage. Such policies shall also provide that no act or default of any person
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shall render the policy void as to City or affect City’s right to recover thereon. Such coverage shall
be primary and noncontributory with any coverage that City or any other party may obtain. If, in
the opinion of City’s insurance advisor, the amount or scope of such coverage required to be carried
by WMD hereunder is deemed inadequate at any time during the Term, WMD shall increase such
coverage to such reasonable amounts or scope as City’s advisor deems adequate. Prior to the
Commencement Date, WMD shall submit to City insurance certificates demonstrating the required
policies.
(d) The limits of insurance required by this Lease, or as carried by WMD, shall not
limit the liability of WMD or relieve WMD of any obligation thereunder. Any deductibles selected
by WMD shall be the sole responsibility of WMD.
(e) In the event that WMD fails to comply with the foregoing insurance requirements
or to timely deliver to City copies of such policies and certificates evidencing the coverage required
herein, City, in addition to any remedy available pursuant to this Lease or otherwise, may, but shall
not be obligated to, obtain such insurance and WMD shall pay to City on demand all costs thereof,
plus an administrative fee of ten percent (10%) of such costs.
21. Compliance With Laws. WMD, at its sole expense, shall comply with applicable laws,
statutes, ordinances, rules, and regulations of all federal, state, county, city and local departments and
agencies having jurisdiction over the Premises, including, without limitation all orders, judgments,
ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions of record now or
hereafter applicable to the Premises, including all regulations imposed upon the City by the Michigan
Department of Environment, Great Lakes, and Energy insofar as such regulations pertain to any of the
promises or undertakings of WMD set forth in this Lease, and including making such alterations and
modifications within or without the Premises that are required by Legal Requirements as the result of
WMD’s use or operation of the Premises (collectively, “Legal Requirements”).
22. Interruption of Services. City does not warrant that any of the services or utilities referred
to in this Lease will be free from interruption, curtailment, or suspension, WMD acknowledging that any
one or more of such services may be suspended by reason of accident or repairs, alterations, or
improvements, or by reason of causes beyond the control of City. City shall not be liable to WMD in
damages or otherwise.
23. Signs. WMD may erect, maintain and remove such signs as it deems necessary,
appropriate or desirable to its operations in, on or about the Premises, provided that the signs are in
compliance with all governmental regulations.
24. Taxes. WMD shall be pay or discharge all real estate taxes, assessments, liens, bond
obligations, license fees or taxes levied or assessed by any lawful authority against the Premises during the
Term. WMD shall also be responsible for any costs, penalties, interest, or fines that may arise due to the
WMD’s failure to pay such amounts in a timely manner. Additionally, if this Lease is deemed a 'transfer'
of the Premises under MCL 211.27a, WMD shall be responsible for any resulting increase in or assessment
of such real estate taxes. WMD shall pay when due and before the same become delinquent any personal
property taxes levied on WMD's merchandise, equipment, inventory, furniture, and other personal property
and contents at the Property.
25. Notices. All notices, approvals, consents and other communications required under this
Lease 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
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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 days after sending by
first class, registered, or certified mail. Notices shall be sent to the Parties as follows:
To City: City of Muskegon
933 Terrace Street
Muskegon, MI 49440
Attn:City Manager
Email: jonathan@shorelinecity.com (or the then current City Manager’s email)
w/ copy to: Parmenter Law
601 Terrace St.
Muskegon, MI 49440
Attn: Muskegon City Attorney
To WMD: West Michigan Dock & Market Corporation
560 Mart St.
Muskegon, MI 49440
Attn: Max McKee, President
Email: MMcKee@sandproductscorp.com
w/ copy to: Warner Norcross + Judd LLP
150 Ottawa Avenue NW, Suite 1500
Grand Rapids, MI 49503
Attn: Rob Davies
Email: rdavies@wnj.com
26. Successors and Assigns. The covenants, conditions, and agreements contained in this
Lease shall bind and inure to the benefit of City and WMD and their respective permitted successors and
assigns.
27. Subordination; Attornment. Provided that WMD is provided with a signed non-
disturbance and attornment agreement in form and substance reasonably acceptable to WMD, this Lease
shall be subject and subordinate at all times to any ground lease, mortgage or deed of trust that may now
exist or hereafter be placed upon, and encumber, any or all of the Property. To confirm WMD’s
subordination, WMD agrees, within ten (10) days after written request, to execute and deliver a
subordination, non-disturbance and attornment agreement in form and substance reasonably acceptable to
WMD.
28. Option to Purchase.
(a) Beginning on January 1, 2028, and continuing until the end of the Term unless
terminated sooner ("WMD Option Term"), City grants to WMD the exclusive option to purchase
the Premises or any Additional Leased Parcel acres, excluding the Conversion Property, upon the
terms and conditions contained in this Section ("WMD Option").
(b) The Parties expressly intend that, upon WMD’s exercise of the WMD Option, the
Rent shall constitute the economic consideration for the WMD Option ("Purchase Price").
(c) WMD may exercise its WMD Option at any time during the WMD Option Term,
provided that the following conditions are satisfied:
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i. The Purchase Price is paid in full (including both Rent payments and Additional
Rent payment);
ii. WMD is not in default of this Lease; and
iii. The City of Muskegon acquired fee simple title to the Neighboring Property.
The City of Muskegon may, in its sole discretion select an alternate property
to satisfy this condition, but there shall be no obligation to do so.
(d) The closing ("Closing") shall take place at the offices of a Title Company (defined
below) or by whatever method, including by electronic exchange of documents, that WMD and
City mutually determine. The Closing shall take place at a time and date to be selected by WMD, but
in no case later than forty-five (45) days after WMD exercises the WMD Option ("Closing Date").
(e) At any time during the Term of this Lease, WMD shall be permitted to undertake a
due diligence investigation of the Premises, including review of surveys, engineering plans, title
policies/commitments, environmental reports and other documents related to the Premises which are
in City's possession. WMD shall also be permitted to obtain, at its sole cost and expenses, its own
surveys, environmental reports and building inspections of the Premises. WMD acknowledges and
agrees that it shall acquire the Premises in its then current "AS IS," "WHERE IS" condition without
any representations or warranties from City. WMD shall cause and require all of its representatives
and consultants to comply with all applicable health, safety, and environmental laws, rules, regulations,
and ordinances while on the Premises.
(f) Within twenty (20) days after WMD exercises its WMD Option, City will cause a
title commitment covering the Premises or any Additional Leased Property acres, excluding the
Conversion Property ("Title Commitment") to be prepared and delivered to WMD by Transnation
Title Agency, of 570 Seminole Rd #102, Muskegon, MI 49444 ("Title Company"). WMD will
have ten (10) business days after receipt of the Title Commitment to notify City in writing of
WMD's disapproval of any Schedule B exceptions shown on the Title Commitment ("Disapproved
Exceptions"). If, on or before Closing, the Title Company notifies City or WMD of any
Schedule B exception in addition to the Schedule B exceptions shown in the Title Commitment
("Additional Exceptions"), the ten (10) business day period with respect to Additional Exceptions
will run from the date WMD is given notice of such Additional Exceptions. City will have thirty
(30) days from the date of receipt of any notice of disapproval to cause the Disapproved Exceptions
to be removed from the Title Commitment or cause the Title Company to commit to insure against
loss or damage that may be occasioned by the Disapproved Exceptions, during which time the
Closing will be delayed as necessary. If City is unwilling or unable to modify, remove or obtain a
commitment for title insurance over Disapproved Exceptions within such period, WMD will notify
City within five (5) days from the expiration of such thirty (30) day period whether WMD will
either: (i) proceed to Closing and take title to the Premises subject to the Disapproved Exceptions,
in which case the Disapproved Exceptions will be deemed to have been waived by WMD, or
(ii) terminate its exercise of its WMD Option. The Closing Date will be delayed as necessary to
permit the completion of all time periods provided for under this paragraph. Upon conveyance of
title to WMD on the Closing Date, City shall purchase a policy of title insurance to be issued pursuant
to the Title Commitment, insuring WMD's fee simple absolute title in the Premises in the amount of
the Purchase Price, which policy of title insurance shall not contain any exceptions other than those
shown on the Title Commitment and not objected to by WMD as Disapproved Exceptions.
(g) At the time of Closing, City shall execute and deliver to WMD a quitclaim deed
conveying good, clear and marketable title to the Premises subject to easements, restrictions,
interests, and reservations of record; taxes and assessments not yet due and payable; and any matters
that would be disclosed by an accurate ALTA/NSPS Land Title Survey. Provided, however, that
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the quitclaim deed shall include a use restriction to prohibit any development or construction from
occurring within 25 feet of the high water line on the western portion of the Premises and in the
immediately adjacent bottomlands in order to preserve the natural integrity and environmental
quality of Muskegon Lake.
(h) If the Title Company requires a survey to remove any standard exceptions to title,
WMD, at its own expense, shall obtain and provide such survey. For purposes of this WMD Option,
WMD shall be responsible for all taxes and assessments with respect to the Premises.
(i) Transaction costs contemplated by this Lease will be paid on or prior to Closing
on the following basis: (i) City will be solely responsible for the cost of the title insurance policy,
any special title insurance endorsements City may obtain over any Disapproved Exceptions, the
cost of recording any title clearance documents or collateral discharges, all transfer taxes or stamps
on the quitclaim deed (if applicable), half of all closing fees or escrow fees charged by the Title
Company, and the fees and expenses of City's attorneys and its designated representatives;
(ii) WMD will be solely responsible for the cost of any special title insurance endorsements
requested by WMD, any survey, the cost of all recording fees for the quitclaim deed, half the costs
of all closing fees or escrow fees charged by the Title Company, the cost of all environmental
assessments, inspections, investigations and tests by WMD, and the fees and expenses of WMD's
attorneys, accountants, engineers, and consultants.
(j) At Closing, City and WMD shall deliver to the other such other documents or
instruments as shall reasonably be required by such party's counsel or by the Title Company to
consummate the transaction contemplated herein or to issue the policy of title insurance which, in the
other party's counsel's opinion, does not increase such parties' liability or decrease such parties' rights
or which are customarily provided in the sale and purchase of real estate similar to the Premises.
29. OFAC Representation. WMD represents and warrants to City that WMD is currently in
compliance with and shall at all times during the Term (including any extension thereof) remain in
compliance with the regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of the
Treasury (including those named on OFAC’s Specially Designated and Blocked Persons List) and any
statute, executive order (including the September 24, 2001, Executive Order Blocking Premises and
Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism), or other
governmental action relating thereto. WMD hereby certifies that: (i) WMD is not acting, directly or
indirectly, of or on behalf of any person, group, entity, or nation named by any Executive Order or the
United States Treasury Department as a terrorist, “Specially Designated National and Blocked Person,” or
other banned or blocked person, entity, nation, or transaction pursuant to any law, order, rule, or regulation
that is enforced or administered by the Office of Foreign Assets Control; and (ii) WMD is not engaged in
this transaction, directly or indirectly on behalf of, or instigating or facilitating this transaction, directly or
indirectly on behalf of, any such person, group, entity or nation.
30. Obligations Survive. All obligations arising prior to the termination of this Lease and all
provisions of this Lease allocating responsibility or liability between the parties, including without
limitation the indemnity provisions, shall survive the termination of this Lease.
31. Memorandum of Lease. City shall, upon the mutual agreement of the parties, enter into
and record a memorandum or notice of this Lease reasonably satisfactory to City and WMD, and WMD
shall be responsible for the preparation thereof, and the cost of recording the same.
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32. Waiver of Security Interest. City waives any security interest in and to all City's liens
over WMD's goods, inventory, trade fixtures and all other personal property, whether statutory, consensual
or equitable.
33. Counterparts. This Lease may be executed in counterparts each of which shall be deemed
an original and all of which together shall constitute one agreement. Faxed signatures, or scanned and
electronically transmitted signatures on this Lease, shall be deemed to have the same legal effect as original
signatures on this Lease.
34. Litigation Costs. In connection with any dispute or litigation between the parties arising
under this Lease, the nonprevailing party shall pay the prevailing party all costs and expenses, including
reasonable attorneys’ fees, incurred by such prevailing party in successfully enforcing the nonprevailing
party’s obligations or successfully defending the prevailing party’s rights under this Lease against the
nonprevailing party.
35. Non-Binding Arbitration Prior to Litigation. Any dispute or matter arising in connection
with or relating to this Lease shall first be submitted to non-binding arbitration before either party may
initiate a proceeding in Circuit Court. The non-binding arbitration shall be conducted pursuant to applicable
state or federal arbitration law. Any such dispute shall be determined on an individual basis, shall be
considered unique as to the facts, and shall not be consolidated in any non-binding arbitration or other
proceeding with any claim or controversy of any other party. Participation in the non-binding arbitration
process shall be a condition precedent to the filing of any legal action in Circuit Court. The exclusive
jurisdiction and forum for resolution of any such dispute shall lie in Muskegon County, Michigan.
36. Miscellaneous. This Lease may be modified only by a written instrument signed by both
parties. Failure to exercise or delay in exercising any right or remedy hereunder shall not operate as a
waiver thereof, nor excuse future performance. No waiver, discharge, or renunciation of any claim or right
arising out of a breach of these terms and conditions shall be effective unless in writing signed by the party
so waiving and supported by consideration. Any waiver of any breach shall be a waiver of that breach only
and not any other breach, whether prior or subsequent thereto. This Lease shall be governed by and
construed in accordance with the laws of the state of Michigan. If any provision of this Lease should be or
become invalid, such invalidity shall not in any way affect any of the other provisions of this Lease, which
shall continue to remain in full force and effect. This Lease may be executed in any number of counterparts
and each such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or
as many of them as the parties shall preserve undestroyed, shall together constitute one and the same
instrument. The headings of the several sections shall be solely for convenience of reference and shall not
affect the meaning, construction or effect hereof. This Lease shall be binding upon, and inure to the benefit
of and be enforceable by, the parties and their respective legal representatives, permitted successors and
assigns.
[Signature Page Follows]
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The parties have caused this Lease to be executed as of the date first indicated above.
CITY WMD
CITY OF MUSKEGON WEST MICHIGAN DOCK & MARKET
CORPORATION
By: By:
Its: Its:
By:
Its:
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Exhibit A
Legal Description of 501 E. Western Avenue
CITY OF MUSKEGON COM AT INTERSECTION OF N LN OF BLK 551 & W LN OF E WESTERN
AVE TH N 65 DEG 55 MIN W 200 FT TH N 78 DEG 45 MIN W 50 FT TH N 11 DEG 15 MIN E 600
FT TH N 78 DEG 45 MIN W TO CENTER OF MUSKEGON LAKE TO A POINT TO BE
HEREINAFTER REFERRED TO AS PT A RECOMMENCE AT POB TH SLY ALG W LN OF E
WESTERN AVE 140 FT TH N 80 DEG 30 MIN W 123.06 FT TH N 76 DEG 00 MIN W TO CENTER
OF MUSKEGON LAKE TH NLY ALG CENTER OF MUSKEGON LAKE TO POINT A BEING
ENTIRE BLK 551 TH NLY 90 FT OF BLK 552 & PART OF BLKS 547 548 & 549 SUBJ TO
AFFIDAVIT CONCERNING ASSIGNMENT OF ESMT 2320/960 SUBJ TO ESMT RECOR'D IN L/P
3673/635
Page 339 of 434
Exhibit B
Legal Description of the Premises
CITY OF MUSKEGON COM AT INTERSECTION OF N LN OF BLK 551 & W LN OF E WESTERN
AVE TH N 65 DEG 55 MIN W 200 FT TH N 78 DEG 45 MIN W 50 FT TH N 11 DEG 15 MIN E 600
FT TH N 78 DEG 45 MIN W TO CENTER OF MUSKEGON LAKE TO A POINT TO BE
HEREINAFTER REFERRED TO AS PT A RECOMMENCE AT POB TH SLY ALG W LN OF E
WESTERN AVE 140 FT TH N 80 DEG 30 MIN W 123.06 FT TH N 76 DEG 00 MIN W TO CENTER
OF MUSKEGON LAKE TH NLY ALG CENTER OF MUSKEGON LAKE TO POINT A BEING
ENTIRE BLK 551 TH NLY 90 FT OF BLK 552 & PART OF BLKS 547 548 & 549 EXC EASTRLY
472FT
SUBJ TO AFFIDAVIT CONCERNING ASSIGNMENT OF ESMT 2320/960 SUBJ TO ESMT RECOR'D
IN L/P 3673/635
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Exhibit C
Equipment List
1. Three 30' Shipping Containers
2. One Hundred Six Fire Rings
3. Twenty-Four Gray Wood Tables
4. Six Miscellaneous Tables
5. Eighty-Nine New Composite Tables
6. Two Zero-Turn Lawnmowers
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Exhibit D
Legal Description of the TSW Parcel
CITY OF MUSKEGON REVISED PLAT OF 1903 THAT PART OF BLK 567 LOT 2 & BLK 563 LOT
9, DESCRIBED AS FOLLOWS:WLY LN COM AT SE COR OF SAID BLK 566 BEING THE NW COR
OF 3RD & WESTERN AVE FOR POB THEN 1,944 FT NWLY ALG THE SW LINE OF 3RD ST TO
NW COR OF LOT 9, BLK 563 ALSO W 100 FT & N 200 FT LOT 9 BLK 563 NW OF CURVE OF
TERRACE PT RD SUBJ TO ESMNTS/COVENANTS L/P 3609/137
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Exhibit E
Option Agreement Neighboring Property
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REAL ESTATE OPTION AND SALE AGREEMENT
THIS REAL ESTATE OPTION AND SALE AGREEMENT (“Agreement”) has been
made as of November 26, 2025 (“Effective Date”), by and between VERPLANK DOCK CO., a
Michigan corporation, of 705 West Second Street, PO Box 8, Ferrysburg, Michigan 49409
(“Seller”), and WEST MICHIGAN DOCK & MARKET CORPORATION, a Michigan
corporation, of 560 Mart Street, Muskegon, Michigan 49440 (“Buyer”). Seller and Buyer shall
each be referred to as a “Party” or collectively be referred to herein as the “Parties. “
Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, on the terms and
subject to the conditions set forth in this Agreement, that parcel of real estate commonly known as
205 East Western Avenue, City of Muskegon, Muskegon County, Michigan, and more particularly
described on Exhibit A attached to this Agreement, together with all improvements, fixtures,
easements, hereditaments and appurtenances (including not more than two division rights which
shall be conveyed without warranty) associated with that real estate with the riparian rights to be
determined as provided in this Agreement (collectively, “Property”). The purchase and sale
transaction provided for in this Agreement is sometimes referred to as the “Purchase.”
1. Purchase Price; Earnest Money. The purchase price for the Property shall be Five
Million Dollars ($5,000,000.00) (“Purchase Price”) to be paid at Closing (as defined below) by
bank money order, cashier’s check, or wire transfer of immediately available funds. Buyer shall
pay Seller Two Hundred Thousand Dollars ($200,000.00) earnest money (“Earnest Money”)
within 10 days of the Effective Date, which shall be credited against the Purchase Price at Closing
(defined below) or otherwise applied as provided in this Agreement. If Buyer does not timely make
such Earnest Money deposit, Seller may exercise the Termination Remedy (defined below).
2. Seller’s Retained Rights.
(a) Use Restriction.
(i) The Property shall not be used for aggregate dock purposes. Without
limiting the foregoing, and except for those uses described in 2(a)(iv) below, the Property
shall not be used for: lading, unlading, loading, offloading, shipping, transportation,
storage or handling of bulk aggregates, including, but not limited to, limestone, dolomite,
slag, trap rock, natural stone, and salt. The foregoing sentences are the “Use Restriction”.
(ii) The Use Restriction shall be set forth in the Warranty Deed, shall burden
the Property, and shall benefit tax parcels 61-23-168-004-0002-10, 61-24-117-300-0001-
00, 61-24-205-546-0001-00, 61-24-205-552-0001-10, 61-24-205-552-0001-00, 61-24-
205-553-0001-20, and 61-24-205-596-0008-20 (collectively, the “Benefitted Property”).
The Use Restriction shall run with the land. The Use Restriction may be enforced by any
owner or occupant of any of the Benefitted Property, as described in 2(a)(iii) immediately
below.
Page 344 of 434
(iii) The Use Restriction shall last for 40 years from the date of Closing and shall
continue thereafter until such time that no activity prohibited by the Use Restriction has
occurred on any portion of any Benefitted Property for more than 365 continuous days.
(iv) Seller agrees that (i) the export of natural sands handled by Buyer or a Buyer
Affiliate in the 30 mesh to 200 mesh size range does not violate the Use Restriction, and/or
(ii) the import of any bulk aggregates by Buyer or a Buyer Affiliate for use on a
development project majority owned by Buyer or a Buyer Affiliate does not violate the
Use Restriction. “Buyer Affiliate” means: any entity or trust affiliated with or controlled
by Buyer; any entity or trust affiliated with or controlled by any person who is a
shareholder, member, director, officer, owner, employee or agent of Buyer or by any
person who is a Close Relative of a shareholder, member, director, officer, owner,
employee or agent of Buyer; any person who is a shareholder, member, director, officer,
owner, employee or agent of Buyer or a Close Relative of a shareholder, member, director,
officer, owner, employee or agent of Buyer. “Close Relative” means a: spouse, parent,
child, or grandchild.
3. Seller’s Specific Contingency. Seller’s obligations under this Agreement are
contingent on Seller prior to Closing being satisfied in its sole discretion as to the bottomland,
riparian, and littoral rights to be included in the Property, the Parties recognizing that Seller does
not intend to include in the Property any bottomland, riparian, or littoral rights that Seller may
deem necessary or convenient, in its sole discretion, for current or anticipated operations on any
of the Benefitted Property.
4. Buyer’s Specific Contingencies. Buyer’s obligations under this Agreement are
contingent on Buyer prior to Closing being satisfied:
(a) Riparian Rights. As to the bottomland, riparian, and littoral rights to be included
in the Property, the Parties recognizing that Seller does not intend to include in the Property any
bottomland, riparian, or littoral rights that Seller may deem reasonably necessary or convenient,
for current or anticipated operations on any of the Benefitted Property.
(b) Zoning Prospects. In its reasonable discretion with its investigation of zoning
approvals that may be needed for Buyer’s proposed use.
5. Title. As evidence of Seller’s title to the Property, Seller has, at Seller’s expense,
furnished Buyer with a commitment dated July 11, 2025, at 8:00 a.m. (“Title Commitment”) from
First American Title Insurance Company (“Title Company”) issued by Transnation Title Agency
of Michigan Grand Rapids Division, 921 North Division, Grand Rapids, Michigan 49503 (“Title
Agent”). Buyer acknowledges and agrees that the Title Commitment shows that Seller has good
and marketable title to the Property. Buyer agrees to take title to the Property subject to: Seller’s
Retained Rights set out in Section 2, above, all of which shall survive Closing; easements,
restrictions, interests and reservations of record; taxes and assessments not yet due and payable;
all laws, regulations, codes, and ordinances, including, but not limited to, zoning ordinances and
building codes; any matters that would be shown by an accurate land title survey prepared in
accordance with the latest standards approved by the American Land Title Association and the
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National Society of Professional Surveyors (“ALTA/NSPS”); and any matters shown on the
Survey (defined below) (collectively, the “Permitted Exceptions”). Seller agrees to convey good
and marketable title to the Property to Buyer by a warranty deed (“Deed”) subject to the Permitted
Exceptions. If the Title Agent issues an updated Title Commitment that shows additional
exceptions to title, Buyer shall have ten (10) business days after receipt of same to object in writing
to Seller of any additional exception shown on such updated Title Commitment. If Buyer gives
Seller timely written notice of its objections, then the Seller shall, in its sole discretion, have thirty
(30) days from receipt of the notice to remedy the defect, during which time the Closing shall be
delayed as necessary. If Seller, in its sole discretion, is unable or unwilling to remedy the objections
within the specified time then Buyer may waive its objection and proceed to Closing in which case
such exceptions shall be deemed Permitted Exceptions, or Buyer, as Buyer’s sole remedy for
Seller’s refusal or inability to remedy the title objection, may exercise Buyer’s Termination
Remedy. “Termination Remedy” means that the party entitled to the remedy may terminate this
Agreement by notice to the other party, in which case neither party shall have any further liability
to the other under this Agreement except under provisions of this Agreement that specifically
survive its termination and the Earnest Money shall be returned to Buyer (unless otherwise
provided in this Agreement).
6. Survey.
(a) Obtaining Survey. Prior to the Option Date (defined below), Buyer shall obtain
and provide to Seller a survey of the Property, all improvements to the Property, any easements or
rights of way affecting or benefiting the Property, any encroachments across the boundaries of the
Property, the bottomland, riparian and littoral rights to be included with the Property (subject to
the approval by Seller and Buyer as provided above) (“Survey”). The Survey shall be performed
at Buyer’s expense. The Survey shall be performed in accordance with the current standards for
an ALTA/NSPS Land Title Survey, and include a survey of the riparian rights, and shall be
certified to Seller, Buyer, and the Title Company.
(b) Buyer’s Survey Contingency. Buyer has to approve or object to any matter
disclosed on the Survey. Buyer will be deemed to have waived any objection if not made in writing
no less than sixty (60) days prior to the Option Date and all matters shown on the Survey shall be
deemed Permitted Exceptions. If Buyer gives Seller timely written notice of its objections, then
the Seller shall, in its sole discretion, have thirty (30) days from receipt of the notice to remedy the
defect, during which time the Closing shall be delayed as necessary. If Seller, in its sole discretion,
is unable or unwilling to remedy the objections within the specified time then Buyer may waive
its objection and proceed to Closing in which case such exceptions shall be deemed Permitted
Exceptions, or Buyer, as Buyer’s sole remedy for Seller’s refusal or inability to remedy the title
objection, may exercise Buyer’s Termination Remedy. For purposes of clarification, this
contingency is in addition to the bottomland, riparian and littoral rights contingency that each Party
has as set forth in Sections 3 and 4, above.
7. General Inspections.
(a) Obtaining Inspections. Buyer and its agents may, at Buyer’s expense, conduct
general inspections or inquiries. Buyer acknowledges that the Property may require repairs or
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maintenance and Buyer agrees to accept the Property in its present “AS IS” condition, with no
warranties concerning its condition or permitted use. All inspections and tests performed on the
Property by Buyer or Buyer’s agents shall be conducted in compliance with all federal, state, and
local laws, orders, regulations, and ordinances. Buyer and its agents shall provide Seller with
certificates of commercial general liability insurance acceptable to Seller in its reasonable
discretion before Buyer or its agents access the Property.
(b) Buyer’s Inspection Contingency. Buyer has to approve or object to any matter
disclosed through Buyer’s general inspections or inquiries. Buyer will be deemed to have waived
any objection if not made in writing the earlier of the date Buyer exercises its option to purchase
under this Agreement or sixty (60) days prior to the Option Date. If Buyer gives Seller timely
written notice of its objections, then the Seller shall, in its sole discretion, have thirty (30) days
from receipt of the notice to remedy the objection, during which time the Closing shall be delayed
as necessary. If Seller, in its sole discretion, is unable or unwilling to cure the objection, then
Buyer may proceed to Closing and take title to the Property subject to the objection, in which case
the objection shall be considered to have been waived by Buyer, or Buyer, as Buyer’s sole remedy,
may terminate this Agreement, in which case the Termination Remedy shall apply.
8. Notice of Transfer of a Facility; Environmental Matters.
(a) Buyer acknowledges that Seller has advised Buyer pursuant to MCL 324.20116(1)
that Seller has knowledge or information or is on notice through a recorded instrument that the
Property is a “facility” within the meaning of MCL 324.20101(o). The general nature of the
hazardous substances present on the Property is documented in the Baseline Environmental
Assessment (“BEA”) for the Property dated December 9, 1999, by Abonmarche Environmental,
Inc., which Buyer acknowledges having received.
(b) Prior to the Option Date (defined below), Buyer may, at its expense, conduct an
environmental assessment of the Property in one or more phases, including the procurement and
analysis of samples of soil, groundwater, indoor air, or any other environmental medium, and any
building component or other material located at the Premises. The entire environmental
assessment, including the generation of any reports or follow-up procedures, shall be completed
within the time period noted at the beginning of this subsection. Seller shall provide reasonable
access and information to Buyer and otherwise reasonably cooperate with Buyer in the
environmental assessment. Buyer shall provide copies of all environmental assessment reports
and related data it receives to Seller within forty-eight (48) hours of its receipt. Buyer shall have
the right to interview representatives of Seller who have knowledge of conditions and events
relevant to the operating history or environmental condition of the Property. If the environmental
assessment confirms that the Property is a “facility” within the meaning of Part 201 of the
Michigan Natural Resources and Environmental Protection Act, MCL 324.20101 et seq. (“Part
201”), Buyer may, at Buyer’s expense and with Seller’s prior written approval, prepare and submit
to the Michigan Department of Environment, Great Lakes and Energy (“EGLE”) its own BEA for
the Property pursuant to Section 26 of Part 201, MCL 324.20126. Upon receiving Seller’s written
approval to prepare and submit the BEA, Buyer shall be absolutely obligated to close the Purchase.
Buyer shall not submit the BEA to EGLE until after the Closing. Before submitting, Buyer shall
prepare a draft BEA for Seller’s review and shall incorporate any Seller comments or suggested
4
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revisions to the BEA before submittal. If any environmental condition is disclosed by the
environmental assessment, then, as Buyer’s sole remedy, Buyer shall have five (5) days from the
date it receives the disclosure to terminate this Agreement, in which case the Termination Remedy
shall apply. If Buyer shall fail to complete any environmental investigations or terminate this
Agreement within the time periods provided, Buyer shall be considered to have waived any
objection to the environmental condition of the Property.
(c) Buyer acknowledges that Buyer has had or will have the opportunity to investigate
all matters of interest pertinent to the Property, including, without limitation, its environmental
condition and history. Buyer shall bear all responsibility and liability that is or may be asserted,
claimed or determined in respect of the Property after the Closing from any cause, regardless of
whether the responsibility and liability arose or might have arisen, or was or might have been
caused by acts or omissions occurring, before Closing. Buyer hereby releases Seller from all
responsibility, claims, obligations, and liability arising from or associated with (i) the presence or
release of any hazardous substance or solid or hazardous waste (as those terms are defined in
applicable federal and state environmental protection laws and regulations, including, without
limitation, petroleum and its derivatives, polychlorinated biphenyls, radon gas, urea formaldehyde
foam insulation, per and polyfluoroalkyl substances, and asbestos) relating to the Property; and
(ii) any environmental matters associated with or arising from the condition or use of the Property
prior to, on or after the Closing. This release shall survive the Closing indefinitely.
9. Buyer’s Representations and Warranties. Buyer represents and warrants to
Seller that: Buyer has all necessary power and authority to enter into and perform this Agreement;
Buyer has taken all necessary action to approve, execute, deliver, and perform this Agreement,
and this Agreement is the valid and binding obligation of Buyer, enforceable against Buyer in
accordance with its terms; and no judgment is outstanding against Buyer 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 Buyer, threatened, that has the
stated purpose or the probable effect of enjoining or preventing the Closing.
10. Seller’s Representations and Warranties. Seller represents and warrants to
Buyer that: Seller has all necessary power and authority to enter into and perform this Agreement;
Seller has taken all necessary action to approve, execute, deliver, and perform this Agreement, and
this Agreement is the valid and binding obligation of Seller, enforceable against Seller in
accordance with its terms; and no judgment is outstanding against Seller 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 Seller, threatened, that has the
stated purpose or the probable effect of enjoining or preventing the Closing.
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11. Buyer’s Exercise of Option and Closing.
(a) Buyer shall have until December 31, 2027 (the “Option Date”), to exercise its
option to purchase the Property on the terms contained in this Agreement by giving written notice
to Seller.
(b) The closing (“Closing”) shall take place on a date (“Closing Date”) specified by
Seller on at least seven (7) days’ advance notice, but no later than thirty (30) days after the date
Buyer has exercised its option to purchase the Property, via a deed and money escrow with the
Title Agent. At Closing: (a) Seller shall execute and deliver to Buyer the Deed for the Property,
which shall be subject to Permitted Exceptions; (b) Seller shall pay the real estate transfer taxes
and the premium for the owner’s title insurance policy; (c) Buyer shall pay to Seller the Purchase
Price as provided in Section 1, above, pay the recording fee for the Deed, and pay the cost of any
title insurance policy endorsements issued by the Title Company; and (d) each Party shall sign and
deliver a closing statement setting forth the transaction, and all other documents that may be
reasonably necessary to evidence the transaction. Each party shall be responsible for its own
attorney fees and shall share equally any closing fee charged by the Title Agent.
12. Possession. Buyer shall have possession of the Property immediately following
Closing, subject to the Permitted Exceptions.
13. Taxes and Assessments. Seller shall pay all real estate property taxes and
installments of special assessments with respect to the Property that first become due and payable
(or in the case of special assessments, a lien on the Property) on or before the Closing Date,
prorated as provided below. Taxes and assessments shall be prorated to the Closing Date on a
calendar year basis for the twelve (12) month period constituting the year in which they first are
billed and become due and payable. Buyer shall be responsible for all other taxes and assessments,
including, without limitation, deferred installments not yet payable of special assessments that are
a lien on the Property.
14. Option Fee. If Buyer has not duly exercised the option to purchase the Property by
the Option Date, then the Termination Remedy shall automatically apply except that the Earnest
Money shall be retained by the Seller upon such termination as a fee for the option.
15. Seller Termination Right. If Buyer has not duly exercised its option to purchase
the Property by October 15, 2027, then any time on or before the Option Date Seller may by written
notice to Buyer terminate this Agreement and the Termination Remedy shall apply.
6
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16. Default by Seller or Buyer.
(a) Seller Default. If Buyer duly exercises the option to purchase by the Option Date
and Seller, after notice and opportunity to cure, defaults on Seller’s obligations to close under this
Agreement then Buyer may either (i) sue for specific performance, or (ii) exercise the Termination
Remedy.
(b) Buyer Default. If Buyer duly exercises the option to purchase by the Option Date
and Buyer, after notice and opportunity to cure, defaults on Buyer’s obligation to close under this
Agreement, then Seller may either (i) sue for specific performance, or (ii) exercise the Termination
Remedy except that the Earnest Money shall be retained by the Seller upon such termination.
(c) Except for Seller’s right to seek damages under any indemnification, responsibility
or release provision contained in this Agreement, each Party hereby waives and releases all other
rights and remedies it may have relative to default of the other Party, including, but not limited to,
the right to seek damages.
17. Assignment to the City of Muskegon or the County of Muskegon as Buyer /
Simultaneous Closings. The Seller hereby authorizes the Buyer to complete the Closing on the
purchase of the Property in two simultaneous Closings, made up of two properly surveyed and
duly approved sub-parcels, so long as the Closing of the purchase encompasses the entire Property.
So long as Buyer duly and timely exercises its option to purchase under this Agreement and
remains primarily liable under this Agreement, the Seller authorizes the Buyer to assign the
purchase of one or both sub-parcels constituting the entire Property, under the same terms and
conditions contained in this Agreement, to either the City of Muskegon and/or Muskegon County.
The Seller shall have no additional costs if the Buyer shall choose to close under multiple sub-
parcels and transactions and Buyer shall promptly reimburse Seller, no later than Closing, for all
such costs incurred by Seller.
18. Condemnation; Fire; Other Casualty. Seller shall promptly notify Buyer of any
impending or actual condemnation proceedings against the Property or any portion of the Property
of which Seller has actual notice or any fire or other casualty to the Property. Following any one
of these events, Buyer shall take the Property at Closing in its then-current condition and shall be
entitled to receive all of the condemnation or insurance proceeds attributable to the Property
payable as a result of the condemnation or damage.
19. Brokers. Each party agrees and represents to the other that no broker is involved
in this transaction who is entitled to a commission.
20. Miscellaneous.
(a) This Agreement embodies the entire agreement and understanding between the
parties to this Agreement with respect to the subject matter of this Agreement and supersede all
prior oral or written agreements and understandings relating to the subject matter of this
Agreement. No statement, representation, warranty, covenant or agreement of any kind not
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expressly set forth in this Agreement shall affect, or be used to interpret, change or restrict, the
express terms and provisions of this Agreement.
(b) Each party to this Agreement acknowledges and agrees that: (i) such party and the
party’s counsel have reviewed and negotiated, or have had the opportunity to review and negotiate,
the terms and provisions of this Agreement and have contributed to its review and revision; (ii) any
rule of construction to the effect that any ambiguities are resolved against the drafting party shall
not be used to interpret this Agreement; and (iii) the terms and provisions of this Agreement shall
be construed fairly as to all parties to this Agreement and not in favor of or against any party,
regardless of which party was generally responsible for the preparation of this Agreement.
(c) This Agreement shall bind and benefit Seller and Buyer and their respective
successors and assigns.
(d) Time is of the essence of this Agreement.
(e) If the date for Closing, for the delivery of a document, or for giving of a notice falls
on a Saturday, Sunday, or bank holiday, then it shall be automatically deferred to the next day that
is not a Saturday, Sunday, or bank holiday.
(f) All notices, requests, consents and other communications required by this
Agreement must be in writing and shall be delivered to Seller and Buyer at their respective
addresses set forth above, or at another place designated by like notice to one another. Personal
delivery or mailing of a notice by certified mail, postage prepaid, shall be sufficient notice. Notice
shall be effective upon receipt, if personally delivered, or upon mailing, if mailed.
(g) Nothing in this Agreement shall be construed to create any rights or obligations
except between the parties to this Agreement, and no person or entity shall be regarded as a third-
party beneficiary of this Agreement.
(h) The terms and provisions of this Agreement may be waived, or consent for the
departure from the terms and provisions may be granted, only by written document executed by
the parties. No waiver or consent shall be deemed to be or shall constitute a waiver or consent
with respect to any other terms or provisions of this Agreement, whether or not similar. Each
waiver or consent shall be effective only in the specific instance and for the purpose for which it
was given, and shall not constitute a continuing waiver or consent.
(i) This Agreement and the rights and obligations of the parties under this Agreement
shall be governed and interpreted by Michigan law, without giving effect to the conflict of law
principles of the state of Michigan.
(j) In the event that any court of competent jurisdiction shall determine that any
provision, or any portion of a provision, contained in this Agreement shall be unenforceable in any
respect, then the provision shall be deemed limited to the extent that the court deems it enforceable,
and as so limited shall remain in full force and effect. In the event that the court shall deem any
8
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provision, or portion of any provision, wholly unenforceable, the remaining provisions of this
Agreement shall nevertheless remain in full force and effect.
(k) The headings and captions of the various subdivisions of this Agreement are for
convenience of reference only and shall in no way modify or affect the meaning or construction of
any of the terms or provisions of this Agreement.
(l) Except as otherwise specifically set forth in this Agreement, each party shall pay
the party’s respective fees and expenses (including the fees of any attorneys, accountants,
appraisers or others engaged by the party) in connection with the preparation or enforcement of,
or of any requests for consents or waivers under, this Agreement, including any amendments or
waivers to this Agreement.
(m) This Agreement may be signed in one or more counterparts, and by different parties
to this Agreement on separate counterparts, each of which shall be deemed an original, but all of
which together shall constitute one and the same document. Faxed signatures, or scanned and
electronically transmitted signatures, on this Agreement or any notice delivered pursuant to this
Agreement, shall be deemed to have the same legal effect as original signatures.
(n) No party shall issue any press release or otherwise make any public statement with
respect to the transactions contemplated by this Agreement without prior written notice to the other
party, except as may be required by law.
(o) In the event of a dispute arising out of this Agreement, the prevailing party will be
entitled to actual attorney fees and costs.
(p) Notwithstanding any other provision of this Agreement, other than those rights
afforded in Section 17, Buyer shall not be permitted to assign its interest hereunder, in whole or in
part, without Seller’s consent, which consent Seller may withhold in its sole and absolute
discretion for any or no reason.
{signatures on following page}
9
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Seller and Buyer have signed or caused this Real Estate Option and Sale Agreement to be
signed by their duly authorized representatives as of the Effective Date.
SELLER: BUYER:
VERLANK DOCK CO. WEST MICHIGAN DOCK & MARKET
CORPORATION
By: By:
Ron Matthews, CEO Max McKee, President
29192320-14
Page 353 of 434
Exhibit A
Property
A parcel of land in the Southwest 1/4 of Section 17, the Southeast 1/4 of Section 18, the Northeast
1/4 of Section 19 and the Northwest 1/4 of Section 20, all in Township 10 North, Range 16 West,
City of Muskegon, Muskegon County, Michigan, said parcel of land containing all or parts of
Blocks 547, 548, 549 and 551 of the Revised Plat (of 1903) of the City of Muskegon and other
land, said parcel of land being more specifically described as follows: Commence at the point
where the center line of Giddings Avenue intersects the East line of Ottawa Street; thence Westerly
along said center line of Giddings Avenue extended to the Westerly line of Western Avenue;
thence North 22 degrees 50 minutes East along said Westerly line of Western Avenue, 50.00 feet;
thence North 67 degrees 10 minutes West along the Northerly line of property sold to the City of
Muskegon by Consumers Power Company (Warranty Deed dated May 11, 1944), 200.00 feet to
the place of beginning of this description; thence North 10 degrees East along the Westerly line of
property now or formerly owned by the Pere Marquette Railway Company, 600.00 feet to a point,
said point hereinafter referred to as Point "A"; thence continuing North 10 degrees East along said
railroad property line, 2335.33 feet to an iron rod near the Southerly bank of the Muskegon River;
thence continuing North 10 degrees East to the thread of said river; thence Westerly and
Southwesterly along said thread to the Easterly shore of Muskegon Lake extended; thence
Southerly along said shore as extended and said shore to a point North 80 degrees West of Point
"A"; thence South 80 degrees East to an iron rod near the Easterly shore of Muskegon Lake; thence
continuing South 80 degrees East along the North line of property sold to the City of Muskegon
by Consumers Power Company (Warranty Deed dated May 11, 1944), 1289.21 feet to the Easterly
line of said property sold to the City of Muskegon by Consumers Power Company; thence South
10 degrees West along said Easterly line, 600.00 feet; thence South 80 degrees East 50.00 feet to
the place of beginning. (Bearings are based on the Westerly line of Western line of Western
Avenue assumed as North 22 degrees 50 minutes East.)
Together with the right of ingress and egress on, over and across the existing driveway extending
Westerly and Northerly from East Western Avenue upon the Southerly 140 feet of the land sold
to the City of Muskegon by Consumers Power Company (Warranty Deed dated May 11, 1944) to
the Southerly line of property sold to CMS Shoreside Resort Co., by Consumers Power Company
by Quit Claim Deed dated July 28, 1989 and recorded August 11, 1989 in Liber 1485, Page 654,
Muskegon County Records.
EXCEPT: That part of Section 17 and 20, Town 10 North, Range 16 West, City of Muskegon and
part of Blocks 549 and 551, Revised Plat of (1903) of the City of Muskegon, described as:
Beginning at a point on the Westerly line of the CSX Railroad right of way which is South 09
degrees 36 minutes 47 seconds West along the Westerly line of the CSX Railroad 1229.71 feet
and North 78 degrees 28 minutes 13 seconds West 135.00 feet from the intersection of the
Southwesterly line of M-120 Causeway and the Westerly line of the CSX Railroad right of way;
thence South 09 degrees 28 minutes 05 seconds West along said Westerly line 3004.77 feet; thence
North 80 degrees 31 minutes 55 seconds West 16.00 feet; thence North 09 degrees 28 minutes 05
seconds East 3005.35 feet; thence South 78 degrees 28 minutes 13 seconds East 16.01 feet to the
point of beginning.
Page 354 of 434
Exhibit F
Assignment Agreement for
Option Agreement Neighboring Property
-6-
Page 355 of 434
ASSIGNMENT AND CALL OPTION AGREEMENT
THIS ASSIGNMENT AND CALL OPTION AGREEMENT (this “Agreement”) is made as of
December 9, 2025, between the City of Muskegon, a Michigan municipal corporation ("City"),
and West Michigan Dock & Market Corporation, a Michigan corporation ("WMD"). City and
WMD are sometimes individually referenced as a "Party" and collectively referenced as "Parties"
in this Agreement.
A. WMD has entered into that certain Real Estate Option and Sale Agreement with Verplank
Dock Co. (“Seller”), dated December ___, 2025 (the “Option Agreement,” attached as
Exhibit A), for the purchase of the real property located at 205 E. Western Avenue,
Muskegon, MI 49442 (Parcel No. 61-24-117-300-0004-00) (the “Property”).
B. The Option Agreement grants WMD the right to exercise an option to purchase the
Property on the terms set forth in the Option Agreement, with such option to be exercised
no later than December 31, 2027 (the “Option”), by delivering written notice to Seller.
C. The Parties have also entered into a Lease Agreement dated December 9, 2025, for the real
property commonly known as 501 E. Western Ave., Muskegon, MI 4940 (the
“Campground Lease”).
D. WMD desires to provide a call option to the City to allow the City to cause WMD to
exercise WMD’s Option within the Option Agreement and further assign to the City the
right to purchase the Property after having exercised the Option, under the same terms and
conditions included in the Option Agreement and the City is willing to accept such
assignment upon utilizing the City’s call option (the “Call Option”).
E. Seller consents to this Assignment.
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are
hereby mutually acknowledged, WMD and City agree as follows:
1. Shared Due Diligence Period Prior to Call Option. The Parties agree to
cooperate in performing the necessary due diligence afforded to the Buyer in the
Option Agreement. Starting upon the Effective Date until July 1, 2027, (the “Due
Diligence Period”) each party shall provide written notice to the other whether the
party is satisfied with due diligence and willing to proceed to complete the purchase
contemplated in the Option (the “Notice of Satisfaction”). The Parties agree to
split the cost of due diligence equally until such time one party or the other notifies
the other in writing it is dissatisfied with the due diligence information and wishes
to discontinue due diligence efforts. All due diligence costs incurred prior to such
notice to discontinue due diligence will be shared equally. The Parties must
mutually agree to any due diligence costs before they are incurred. If no agreement
is reached, the Party may proceed at its own expense. If during the Due Diligence
Period each party has delivered the other a written Notice of Satisfaction, (“Mutual
Page 356 of 434
Satisfaction”) the parties may cause WMD to proceed to exercise the Option as
provided in Section 5.
2. Call Option. If the Parties have reached Mutual Satisfaction as defined above in
Section 1, WMD shall provide to the City the right to unilaterally proceed to
directly close on the purchase of the Property as contemplated below in Section 5.
3. Assignment upon Exercise of Call Option delivered to WMD by City. Subject
to the terms included in Section 17 of the Option Agreement, WMD hereby assigns
and conveys to the City, and the City hereby accepts and assumes from WMD, those
rights, title, interests, obligations and liabilities associated with closing on the
purchase of the Property as required after WMD exercises the Option outlined in
the Option Agreement.
4. Terms of Option Agreement upon City delivering Exercise of Call Option to
WMD. The terms of the Option Agreement are incorporated herein by this
reference and are not superseded hereby, unless specified herein, but shall remain
in full force and effect to the full extent provided therein. In the event of any conflict
or inconsistency between the terms of the Option Agreement and the terms hereof,
the terms of the Option Agreement shall govern. Upon WMD’s exercise of the
Option, following Mutual Satisfaction, the Parties shall consider Buyer’s Inspection
Contingency to be satisfied. This Assignment is intended to reduce the rights and
obligations of the parties under the Option Agreement to those rights and
obligations remaining after the Option for the Property has been exercised.
5. Exercising the Option. Notwithstanding the foregoing, the Parties may mutually
agree to have WMD exercise the Option any time until December 31, 2027. Upon
WMD’s exercise of the Option, WMD shall assign and convey to the City those
rights, title, interests, obligations and liabilities associated with closing on the
purchase of the Property. WMD shall deliver at closing (i) the funds for that portion
of the purchase price allocable to the 32 acres of the Property that will be utilized
by WMD (the “Additional Funds,” attached as Exhibit C) as further described in
the Campground Lease (the "Additional Leased Parcel"), with such allocation to
be calculated on a pro rata per-acre basis; (ii) Second Rent Payment (as defined in
the Campground Lease); and (iii) the portion of the purchase price allocable to
difference between the pro rata per-acre price for the Conversion Property (as
defined below), provided that the per-acre price for the Conversion Property
exceeds the per-acre price WMD paid for the FL Campground Property (as defined
in the Development Agreement between the Parties dated the same). At closing the
Parties shall add the Additional Leased Property to the Campground Lease. Further,
WMD shall have the right, exercisable in its sole discretion, to elect to have the
Additional Leased Parcel added to the Campground Lease, pursuant to the terms
set forth in the Campground Lease. If any or all of the Additional Leased Property
is conveyed to the City in a manner other than the Assignment described above,
upon payment to the City, WMD may elect to incorporate the Additional Lease
Page 357 of 434
Parcel into the Campground Lease, with such payment allocation to be calculated
based on the City’s purchase price on a pro rata per-acre basis.
Until October 1, 2027, only upon having reached Mutual Satisfaction as described
in Section 1, the City may exercise the Call Option requiring WMD to exercise its
Option in the Option Agreement. If the City exercises the Call Option in this way,
the Property shall be directly conveyed from Seller to the City. If the City exercises
the Call Option, WMD shall not be required to pay (i) the Additional Funds (as
defined below);(ii) the Second Rent Payment (as defined in Campground Lease);
and (iii) the portion of the purchase price allocable to difference between the pro
rata per-acre price for the Conversion Property (as defined below), if the per-acre
price for the Conversion Property exceeds the per-acre price WMD paid for the FL
Campground Property until WMD elects to add the Additional Leased Parcel (as
defined below) to the Campground Lease (the “Election”). WMD shall provide
written notice of the Election to the City. The Election shall be effective only upon
WMD’s simultaneous payment of the Additional Funds and the Second Rent
Payment to the City.
At any time after October 1, 2027, if the City has not exercised the Call Option and
the Parties have reached Mutual Satisfaction as described in Section 1, WMD shall
have the right to exercise the Option and close on the Property. If WMD closes on
the Property in this way, the Property shall be directly conveyed from Seller to the
City, and the Parties shall add the Property to the Campground Lease. If the
Property is conveyed in this way, the City shall have an option to remove an
estimated 25-acre portion of the Property (the “Conversion Property,” attached as
Exhibit B) from the Campground Lease upon written notice to WMD, such option
to be exercised within five years from the date of the date of WMD’s closing on the
Property (the “City Option”) with a simultaneous payment of a termination fee
(the “Termination Fee”). The Termination Fee shall be equal to the purchase price
allocable to the Conversion Property, calculated on a pro rata per-acre basis,
provided that the calculated purchase price allocable to the Conversion Property
shall not exceed the per-acre price paid by WMD for the FL Campground Property.
and less the value of the Second Rent Payment. If WMD closes on the Property
unilaterally, the Additional Funds (as defined below) and the Second Rent Payment
shall be considered paid in full. The Conversion Property is excluded from the
WMD Option (as defined in the Campground Lease).
6. Earnest Money. WMD has made a Two Hundred Thousand and 00/100 Dollar
($200,000.00) Earnest Money Deposit (the “Earnest Money”) with Seller as a
requirement of the Option Agreement. If the Option is exercised as provided in
Section 5 of this Agreement, the Earnest Money shall be applied to the Additional
Funds owed by WMD to City.
7. Further Assurances. WMD shall promptly execute and deliver to City any
additional instrument or other document which City reasonably requests to
evidence or better effect this Agreement or to fully carry out the intent and purpose
Page 358 of 434
of this Agreement and the Option Agreement, and to facilitate any necessary actions
related to the exercise of the Call Option.
8. Governing Law. This Agreement shall be interpreted and enforced pursuant to the
laws of the State of Michigan.
9. Successors and Assigns. This Agreement shall be binding on and inure to the
benefit of WMD and City and their respective successors and assigns.
10. Counterparts. This Agreement may be executed in any number of counterparts,
each of which when so executed and delivered shall be deemed an original for all
purposes, and all such counterparts shall together constitute but one and the same
instrument. This Agreement may be executed and/or delivered by facsimile, email,
or other means of electronic signature or transmission, and any such electronic
execution and/or electronic delivery of a signed counterpart of this Agreement shall
be deemed to have the same legal effect as delivery of an original signed copy of
this Agreement.
11. Amendments and Modifications. This Agreement may not be amended or
modified in any manner other than by a written agreement signed by the party to be
charged.
The parties have executed this Agreement to be effective as of the last date set forth below (the
“Effective Date”).
City – City of Muskegon WMD – West Michigan Dock & Market
Corporation
By: _________________________________ By: _________________________________
Name: Kenneth Johnson Name: Max B. McKee
Title: Mayor Title: President
Date: _________________, 2025 Date: _______________, 2025
Seller – Verplank Dock Co.
By: _________________________________
Name: Ann Meisch
Title: City Clerk By: _________________________________
Date: _________________, 2025 Name:
Title:
Date: _______________, 2025
Page 359 of 434
Exhibit G
Mart Dock Deed Restriction
19
Page 360 of 434
DECLARATION OF RESTRICTIONS
This Declaration of Restrictions (“Declaration” is hereby declared, imposed, and made
effective as of the ________ day of ______________, 202__ by West Michigan Dock and
Market Corporation (“WMD”), whose address is 560 Mart St., Muskegon, MI 49440, and the
City of Muskegon (the “City”), whose address is 933 Terrace St., Muskegon, MI 49440
(individually a “Party,” together the “Parties”).
RECITALS
A. The Parties have entered into a Development Agreement that includes the purchase, sale,
and leasing of various real property between the Parties. As an integral part of the
Development Agreement, cessation of certain activities on the Property is required.
B. WMD is the owner of certain real property and improvements situated in the City of
Muskegon, County of Muskegon, and State of Michigan more particularly described on
Exhibit A, attached hereto and made a part of this Declaration (the “Property”).
C. To facilitate and implement the Development Agreement, the Parties desire to impose
certain covenants, conditions, restrictions, and reservations upon the Property that will
promote and provide benefit to the City of Muskegon.
NOW, THEREFORE, to further the intentions and desires of WMD set forth in the above
Recitals, which are incorporated herein, WMD does hereby impose the following conditions,
covenants, restrictions and reservations on the Property.
1. The Property is and shall be held, transferred, sold, conveyed, leased, and occupied
subject to the restriction that any use of the Property for port operations of any kind,
including but not limited to cargo handling, container storage, loading or unloading of
freight, and related logistical support, except that the Property may be used as a port
solely for the embarking and disembarking of cruise ship and other commercial excursion
vessel passengers and associated cruise and excursion-related activities, and recreational
boat storage, service, and repair. No other port-related uses shall be permitted under this
exception. This exception shall in no way prohibit the development and operation of
private or public marina services at the Property.
2. All subsequent owners of any interest in the Property, including but not limited to a land
contract or lease interest in the Property or any part thereof (the “Successors”) are hereby
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deemed to have received record notice of the existence of this Declaration imposed on the
Successors from their grantor, seller, licensee, occupiers, lessor or predecessor in interest
in the Property.
3. The conditions, covenants, restrictions, and reservations on the Property under this
Declaration (collectively the “Restrictions”) shall be imposed upon and control the use of
the Property by the following (each an “Owner”): (a) WMD; (b) the initial purchaser
from or successor to the interest of WMD; (c) all Successors; and (d) all other parties and
persons claiming an interest in the Property. The Restrictions shall be enforceable by the
City against the Owner during such Owner’s period of seisin, title, or interest in and to
the Property.
4. The Restrictions against the Property and all rights and remedies of the City under this
Declaration shall survive and not be merged into the interests of WMD that are conveyed
to an Owner under any instrument of conveyance, assignment, or lease.
5. This Declaration and the rights and remedies of the City under this Declaration, at law or
in equity, shall run with the land.
6. All references in this Declaration to WMD or the City shall include the successors and
assigns of either Party without prior requirement of consent by any Owner.
7. The City shall have the exclusive right to enforce the Restrictions under this Declaration,
however, if the City shall fail to do so from time to time, such failure shall not act as a
waiver of the right to enforce these Restrictions as to any violation thereof. Any Owner
will require the consent of the City to remove, amend, or modify the Restriction.
8. In addition to all other remedies, the City shall be entitled to specific performance and
injunctive or other equitable relief as a remedy for any breach of this Declaration.
9. Acceptance by any Owner of an interest in any portion of the Property shall constitute the
agreement of such persons, persons, or entity of continued compliance with this
Declaration.
10. This Declaration is to be governed by and construed in accordance with the laws of the
State of Michigan. In the event that any provision of this Declaration or the application
thereof to any person or circumstance shall, for any reason and to any extent, be invalid
or unenforceable, the remainder of this Declaration and the application of such provisions
to other persons or circumstances shall not be affected thereby, but rather shall be
enforced to the greatest extent permitted by law.
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City – City of Muskegon WMD – West Michigan Dock & Market
Corporation
By: _________________________________ By: _________________________________
Name: Kenneth Johnson Name: Max B. McKee
Title: Mayor Title: President
Date: _________________, 2025 Date: _______________, 2025
By: _________________________________
Name: Ann Meisch
Title: City Clerk
Date: _________________, 2025
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Exhibit H
Profit Sharing Agreement
20
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PROFIT-SHARING AGREEMENT
THIS PROFIT-SHARING AGREEMENT (“Agreement”) is made and entered into on this
9th day of December 2025 (the “Effective Date”), by and between the CITY OF MUSKEGON, a
Michigan municipal corporation (the “City”), and WEST MICHIGAN DOCK & MARKET
CORPORATION, a Michigan corporation (“WMD”). City and WMD are sometimes individually
referenced as a “Party” and collectively referenced as “Parties” in this Agreement.
RECITALS
WHEREAS, WMD is engaged in the business of port operations, including the management,
handling, and logistics of cargo and vessels, and may seek to obtain grant funding to support the
establishment and commencement of its port operations on a portion of 501 E Western Ave,
Muskegon, MI 49442 (Parcel No. 24-120-100-0001-00) (the “Fisherman’s Landing Property”)
and, if applicable, on 205 E. Western Avenue, Muskegon, MI 49442 (Parcel No. 61-24-117-300-
0004-00) (together the “Premises”);
WHEREAS, the City desires to support WMD’s efforts to secure grant funding while ensuring
that the City's residents benefit from WMD’s success;
WHEREAS, WMD desires to share a portion of its operational net profits with the City in
consideration of the contemporaneous Development Agreement between the Parties, to support
the broader goals of development, growth, and community enhancement within the City, and in
exchange for the City’s support of WMD’s efforts; and
WHEREAS, the Parties wish to establish the terms and conditions under which WMD will pay a
portion of its net profits to a Michigan nonprofit corporation governed by an independent board
with broad community representation or to a restricted fund held by the City of Muskegon and
governed by a board with broad community representation, to be mutually agreed upon by the
Parties, which will fund projects and programs that provide community benefits to the City of
Muskegon and its residents by distributing funds to the City, other governmental entities, nonprofit
corporations, or private entities as determined by the Corporation (either the “Corporation”).
NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set
forth herein, and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. Definitions. For purposes of this Agreement, the following terms shall have the meanings
set forth below:
a. “Commencement of Port Operations” shall mean the earliest of the following
events: (i) the first loading or unloading of cargo (whether containerized, bulk, or
otherwise) onto or from a vessel that isn’t solely for the purpose of constructing
improvements at the terminal for the Fisherman's Landing Property (the “FL
Terminal”); or (ii) the use of any FL Terminal infrastructure or equipment
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(including berths, storage areas, or handling equipment) for the purpose of
supporting port operations that are not the result of constructing improvements at
the FL Terminal.
b. “Grant Funding” shall mean any monetary award, subsidy, or financial assistance
received by WMD from federal, state, local, or private sources for the purpose of
supporting WMD’s port operations, projects, or initiatives. Grant Funding shall not
include loans, investments, or other forms of financing that must be repaid.
“Net Profits” shall mean the total gross revenue from all sales or services
rendered during the year by WMD from its port operations on the Premises, less
expenses directly attributable to WMD’s operation on the Premises, including
cost of goods sold and operating expenses.
Except for the items excluded from the calculation of Net Profits in Exhibit A,
WMD shall account for revenue and expense in accordance with Generally
Accepted Accounting Principles and further account for any grant related income
and expense in accordance with IFRS IAS 20, Accounting for Government Grants
and Disclosure of Government Assistance, or any future accounting
pronouncements appropriate at the time.
Any costs allocated to port operations on the Premises from WMD and transaction
with any affiliates of WMD shall only be made in the ordinary course of business
upon fair and commercially reasonable terms and no less favorable to the port
operations on the Premises than could be obtained in a comparable arms-length
transaction with an unaffiliated person.
c. “Profit Share” means the amount payable by WMD to the Corporation pursuant to
Section 3 of this Agreement.
d. “Profit Share Period” means each calendar year during the Term of this Agreement.
2. Corporation Formation and Governance.
a. Formation Obligation. Within one hundred eighty (180) days of the Effective Date
of this Agreement, the Parties shall determine whether (i) WMD shall cause to be
formed a Michigan nonprofit corporation (the “Corporation”) for the purpose of:
(i) receiving Profit Share payments from WMD pursuant to this Agreement; and
(ii) distributing those funds to the City, other governmental entities, nonprofit
corporations, or private entities for designated community benefit projects and
programs that benefit the City of Muskegon and its residents; or (ii) the City shall
cause to be formed a municipal committee/board for the same purpose as 2(a)(i).
b. Board Composition. The Corporation’s Articles of Incorporation and Bylaws, or
governing documents, if a municipal board shall provide for a Board of Directors
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consisting of seven (7) voting members. The composition of the Board shall be as
follows:
i. City Appointees (3). Three directors shall be appointed by resolution of the
Muskegon City Commission. The City Commission shall have sole discretion
to appoint any qualified individual, including but not limited to City
Commissioners, City employees, or community members. The City
Commission may remove and replace its appointees at any time by resolution.
One of these directors shall be a resident of Jackson Hill Neighborhood. If no
applicants from Jackson Hill Nieghborhood come forward within a reasonable
period after a vacancy, the City Commission may appoint any qualified
individual to this position, following the same process as for the other two
directors. However, if no resident of Jackson Hill Neighborhood is appointed,
priority shall be given to a Jackson Hill Neighborhood resident for the next
vacant directorship.
ii. County Appointees (2). Two directors shall be appointed by resolution of the
Muskegon County Board of Commissioners, if the County Board agrees to
make such appointments.
iii. WMD Appointee (2). Two directors shall be designated by WMD. WMD may
remove and replace its appointee at any time.
iv. Appointment Procedures and Alternatives. The Corporation’s Articles of
Incorporation and Bylaws, as applicable, shall establish procedures for
soliciting appointments from the County and shall designate alternative
appointment methods for any board seats for which the intended appointing
authority declines or fails to make an appointment within reasonable
timeframes, ensuring the Board maintains seven (7) voting members. The
Bylaws may also establish the length of service, term limits, removal
procedures, and other relevant governance terms for directors appointed by
non-parties to this Agreement as the Corporation deems appropriate.
3. Profit Sharing.
a. Profit Share Calculation. For each One Million and 00/100 Dollars ($1,000,000) in
Grant Funding received by WMD during the Term of this Agreement, upon the
commencement of Port Operations, WMD shall pay to the Corporation a Profit
Share equal to 0.3% of WMD’s Net Profits. If WMD receives Grant Funding in an
amount that is not an exact multiple of $1,000,000, the Profit Share percentage shall
be prorated accordingly. For example, if WMD receives $1,500,000 in Grant
Funding, the Profit Share percentage shall be 0.45% (four and one-half tenths of
one percent) of WMD’s Net Profits for Year 2 and thereafter.
b. Cumulative Grant Funding. The Grant Funding amount used to calculate the Profit
Share percentage shall be the cumulative total of all Grant Funding received by
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WMD during the Term of this Agreement. For example, if WMD receives
$1,000,000 in Grant Funding in Year 1 and an additional $1,000,000 in Grant
Funding in Year 2, the Profit Share percentage shall be 0.6% (six-tenths of one
percent) of WMD’s Operating Margin.
c. Maximum Profit Share. Notwithstanding anything to the contrary in this
Agreement, the maximum Profit Share percentage shall not exceed eight percent
(8%) of WMD’s Net Profits, regardless of the total amount of Grant Funding
received by WMD.
4. Payment Terms.
a. Payment Schedule. WMD shall calculate and pay the Profit Share to the
Corporation within forty-five (45) days after the end of each Profit Share Period.
b. Payment Method. All payments shall be made by check or electronic funds transfer
to an account designated by the Corporation in writing.
c. Late Payments. Any Profit Share payment not made within the time period
specified in this Section shall bear interest at the rate of five percent (5%) per
month, compounded monthly, or the maximum rate permitted by law, whichever is
less, from the date such payment was due until the date of payment. Failure to pay
within 60 days after written notice shall constitute a material breach entitling the
City to pursue all remedies available at law or equity.
5. Reporting and Auditing WMD Profits.
a. Reporting. Upon initial receipt of Grant Funding, and/or within ninety (90) days
after the end of each Profit Share Period, WMD shall provide the City and the
Corporation with a written report detailing:
i. The amount of Grant Funding received during the Profit Share Period;
ii. The cumulative amount of Grant Funding received during the Term;
iii. WMD’s Net Profits for the Profit Share Period;
iv. The calculation of the Profit Share for the Profit Share Period; and
v. Any other information reasonably requested by the City to verify the accuracy
of the Profit Share calculation.
b. Audit Rights. The City shall have the right, at its own expense, to audit WMD’s
books and records relating to the calculation of the Profit Share. Such audit may be
conducted by the City or its designated representative upon reasonable notice to
WMD, during normal business hours, and no more frequently than once per
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calendar year. If an audit reveals an underpayment of the Profit Share by more than
three percent (3%), WMD shall reimburse the City for the reasonable costs of the
audit and shall immediately pay the amount of the underpayment plus interest as
specified in Section 4.
c. Record Retention. WMD shall maintain complete and accurate books and records
relating to the calculation of the Profit Share for a period of at least seven (7) years
after the end of the Profit Share Period to which they pertain.
6. Distribution of Funds by the Corporation.
a. Corporation Distribution Authority. The Corporation’s Board of Directors shall
have sole and exclusive authority to determine:
i. The specific community benefit projects and programs that benefit the City of
Muskegon and its residents for which Profit Share funds shall be distributed or
expended. The use of funds may include, but need not be limited to, port
improvements, port promotion, infrastructure development, community
development, economic development, public amenities, environmental
improvements, workforce development, housing initiatives, public safety
enhancements, recreational facilities, cultural programs, parks, or any other
purpose that provides a substantial benefit to the City of Muskegon and its
residents;
ii. The amount to be distributed for each designated purpose, project, or program;
iii. The recipients of distributed funds, which may include the City, other
governmental entities, or private entities (including either for-profit or nonprofit
corporations), provided that the funded project or program serves a community
benefit purpose as determined by the Corporation’s Board;
iv. Any conditions, restrictions, or requirements on the recipient’s use of
distributed funds; and
v. The timing and schedule of distributions to the recipient.
b. Distribution Process.
i. The Corporation’s Board shall meet at least annually to determine approve
distributions. The Corporation shall distribute substantially all Profit Share
receipts received during each Profit Share Period, net of reasonable operating
expenses as provided in Section 6(c).
ii. The Board shall adopt written resolutions for each distribution specifying the
amount to be distributed, the specific purpose, project, or program for which
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the funds are designated, and any special conditions on the recipient’s use of
the funds.
iii. For each distribution, the Corporation may require as a condition of distribution
that the recipient enter into a written funding agreement with the Corporation
specifying terms and conditions for the recipient's use of the funds. In the
absence of such agreement, the City’s use of funds distributed to it shall be
governed by Section 7 of this Agreement.
c. Operating Expenses. Prior to distributing funds to any recipient, the Corporation
may deduct its commercially reasonable operating expenses. Operating expenses
may include professional fees (legal, accounting, audit), meeting expenses,
administrative costs, and other expenses reasonably necessary for the Corporation’s
operations.
7. City’s Obligations Regarding Distributed Funds.
a. Use Restrictions. If the City receives funds from the Corporation, the City shall
use all such funds received from the Corporation solely and exclusively for the
specific purpose, project, or program designated by the Corporation in the
applicable distribution resolution and funding agreement (if any) and shall comply
with all conditions, restrictions, and requirements imposed by the Corporation in
such documents.
b. Separate Accounting. When the City receives funds from the Corporation, the
City shall maintain separate accounting records for all funds received from the
Corporation and shall not commingle such funds with the City's general fund.
c. Audit Cooperation. The City shall allow the Corporation and WMD to audit the
City’s use of distributed funds upon reasonable notice.
8. Term. This Agreement shall commence on the Effective Date and shall continue for as
long as WMD is using the Premises for port operations (the “Term”).
9. Representations and Warranties.
a. WMD Representations and Warranties. WMD represents and warrants that:
i. WMD is a Michigan corporation, duly organized, validly existing, and in good
standing under the laws of the State of Michigan. WMD has all requisite
corporate power and authority to enter into this Agreement and to carry out and
perform all of its covenants and agreements contained herein.
ii. The execution, delivery, and performance of this Agreement by WMD has been
duly authorized by all necessary corporation action.
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iii. WMD shall calculate the Profit Share in accordance with generally accepted
accounting principles consistently applied; and
iv. All information provided to the City or Corporation pursuant to this Agreement
shall be complete and accurate in all material respects.
b. City Representations and Warranties. The City represents and warrants that:
i. The City is a Michigan municipal corporation, duly organized, validly existing,
and in good standing under the laws of the State of Michigan. The City has all
requisite corporate power and authority to enter into this Agreement and to
carry out and perform all of its covenants and agreements contained herein.
ii. The execution, delivery, and performance of this Agreement by the City has
been duly authorized by all necessary action, pursuant to resolution passed by
the City Commission.
10. Enforcement Rights.
a. General Enforcement. Each Party may seek to enforce all provisions of this
Agreement through any remedies available at law or in equity.
b. Corporation Enforcement. Following its formation, the Corporation may enforce
the City’s obligations regarding use of distributed funds.
c. No Limitation on Remedies. Nothing in this Section shall be construed to limit any
Party’s remedies under applicable law.
11. Miscellaneous.
a. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties with respect to the subject matter hereof and supersedes all prior and
contemporaneous agreements, understandings, negotiations, and discussions,
whether oral or written, relating to such subject matter.
b. Amendment. This Agreement may be amended, modified, or supplemented only
by a written instrument executed by both Parties.
c. Waiver. No waiver by either Party of any of the provisions of this Agreement shall
be effective unless explicitly set forth in writing and signed by the Party so waiving.
No waiver by either Party shall operate or be construed as a waiver in respect of
any failure, breach, or default not expressly identified by such written waiver,
whether of a similar or different character, and whether occurring before or after
that waiver. No failure to exercise, or delay in exercising, any right, remedy, power,
or privilege arising from this Agreement shall operate or be construed as a waiver
thereof.
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d. Severability. If any term or provision of this Agreement is invalid, illegal, or
unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability
shall not affect any other term or provision of this Agreement or invalidate or render
unenforceable such term or provision in any other jurisdiction. Upon a
determination that any term or provision is invalid, illegal, or unenforceable, the
Parties shall negotiate in good faith to modify this Agreement to effect the original
intent of the Parties as closely as possible in order that the transactions
contemplated hereby be consummated as originally contemplated to the greatest
extent possible.
e. Assignment. Neither Party may assign or transfer this Agreement or any of its rights
or obligations hereunder without the prior written consent of the other Party, which
consent shall not be unreasonably withheld, conditioned, or delayed. Any attempted
assignment or transfer in violation of this Section shall be null and void. This
Agreement shall be binding upon and shall inure to the benefit of the Parties and
their respective successors and permitted assigns.
f. Relationship of the Parties. Nothing in this Agreement shall be construed to create
a partnership, joint venture, agency, or other relationship between the Parties other
than that of independent contractors. Neither Party shall have the authority to bind
the other Party or to incur any obligation on behalf of the other Party.
g. 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 days after sending by first class, registered, or certified
mail. Notices shall be sent to the Parties as follows:
To City: City of Muskegon
933 Terrace Street
Muskegon, MI 49440
Attn: City Manager
Email: jonathan@shorelinecity.com (or the then current City Manager’s
email)
w/ copy to: Parmenter Law
601 Terrace St.
Muskegon, MI 49440
Attn: Muskegon City Attorney
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To WMD: West Michigan Dock & Market Corporation
560 Mart St.
Muskegon, MI 49440
Attn: Max McKee, President
Email: MMcKee@sandproductscorp.com
w/ copy to: Warner Norcross + Judd LLP
150 Ottawa Avenue NW, Suite 1500
Grand Rapids, MI 49503
Attn: Rob Davies
Email: rdavies@wnj.com
h. Counterparts. This Agreement may be executed in counterparts, each of which shall
be deemed an original, but all of which together shall be deemed to be one and the
same agreement. A signed copy of this Agreement delivered by facsimile, email,
or other means of electronic transmission shall be deemed to have the same legal
effect as delivery of an original signed copy of this Agreement.
i. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Michigan, without giving effect to any choice or
conflict of law provision or rule.
j. Headings. The headings in this Agreement are for reference only and shall not
affect the interpretation of this Agreement.
k. Third-Party Beneficiaries. This Agreement is for the sole benefit of the Parties and
the Corporation, and their respective successors and permitted assigns. Nothing
herein, express or implied, is intended to or shall confer upon any other person or
entity any legal or equitable right, benefit, or remedy of any nature whatsoever
under or by reason of this Agreement.
l. Alternative Dispute Resolution Prior to Litigation. Any dispute or matter arising in
connection with or relating to this Agreement shall first be submitted to mediation
or non-binding arbitration before either party may initiate a proceeding in Circuit
Court. The Parties shall mutually agree on whether to use mediation or non-binding
arbitration and shall select a neutral third party to facilitate the process. The costs
and fees of mediation or non-binding arbitration shall be split equally between the
Parties. WMD’s share of such costs shall be credited toward or reduce the amount
of Profit Share otherwise payable to the Corporation for that Profit Share Period. If
the Parties cannot agree on the type of alternative dispute resolution or the neutral
third party within thirty (30) days after written notice of a dispute, the alternative
dispute resolution requirement shall be deemed satisfied and either Party may
proceed with litigation. The exclusive jurisdiction and forum for resolution of any
such dispute shall lie in Muskegon County, Michigan.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective
Date.
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City – City of Muskegon WMD – West Michigan Dock & Market
Corporation
By: _________________________________ By: _________________________________
Name: Kenneth Johnson Name: Max B. McKee
Title: Mayor Title: President
Date: _________________, 2025 Date: _______________, 2025
By: _________________________________
Name: Ann Meisch
Title: City Clerk
Date: _________________, 2025
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EXHIBIT A
The following shall be excluded from the calculation of Net Profits:
1. Any interest, principal, amortization, or other payments or charges in connection with
any loans, lines of credit, or other financing arrangements, whether or not secured by a
deed of trust, mortgage, or similar instrument on the Premises.
2. The capitalized cost of any buildings, structures, or equipment, and any capital repairs,
replacements, improvements, or additions. Such costs may be depreciated or amortized
over their useful life in accordance with generally accepted accounting principles.
3. Legal, accounting, consulting, or other professional fees and expenses incurred in
connection with financing, refinancing, sales, acquisitions, disputes unrelated to
WMD’s day-to-day operations.
4. Expenses for repair or replacement paid by proceeds of insurance or condemnation
awards, or paid for by warranties or guaranties or by any other party.
a. Amounts received as proceeds of insurance or condemnation awards, or paid
for by warranties or guaranties or by any other party.
5. Penalties and interest for late payment, including, without limitation, utilities, taxes,
insurance, equipment leases, and other past due amounts.
6. Salaries, benefits, or other compensation of WMD’s officers, executives, or employees
who are not directly engaged in operations at the Premises; general corporate overhead
or administrative expenses of WMD not directly attributable to the Premises; and any
management or service fees paid to affiliates of WMD that are not based on fair-market
value for actual services rendered at the Premises.
7. WMD’s general overhead expenses, management fees; and any other overhead or
expenses not related to WMD’s port operations on the Premises.
8. Costs incurred because of a violation by WMD of the terms and conditions of any Lease
between the Parties or this Agreement.
9. Costs incurred by WMD in connection with any financing, refinancing, disposition,
transfer, or sale of the Premises and related port operations (or any portion thereof or
any interest therein) including, without limitation, brokers’ or finders’ fees, attorneys’
fees, loan fees or points, due diligence and investigative expenses, and closing costs.
a. Proceeds from any financing, refinancing, disposition, transfer, or sale of the
Premises and related port operations (or any portion thereof or any interest
therein)
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10. Any reserves for bad debts.
11. Any political contributions and; donations, sponsorships, or similar voluntary
payments made to organizations outside of Muskegon County.
12. WMD’s federal, state, or local income, franchise, or similar taxes imposed on WMD’s
net income or capital.
13. Any other costs or expenses not directly related to WMD’s port operations on the
Premises.
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Exhibit I
City Acquired Property Purchase Agreement
21
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REAL ESTATE PURCHASE AGREEMENT
This Agreement is made by and between West Michigan Dock & Market Corporation, a
Michigan corporation, of 560 Mart St., Muskegon, MI 49440 (“Seller”), and City of Muskegon, a
Michigan municipal corporation, of 933 Terrace St, Muskegon, MI 49440 (“Buyer”) (collectively the
“Parties”), with reference to the following facts:
Therefore, for good and valuable consideration, the parties agree as follows:
1. Sale of Premises. Subject to the terms and conditions of this Agreement, Seller agrees to
sell, convey, and assign and Buyer agrees to purchase, a portion of real estate located in the
City of Muskegon, County of Muskegon, State of Michigan (Parcel No.: 61-24-205-567-0002-
00), and further described on the attached Exhibit A, together with all the improvements,
fixtures, easements, and appurtenances associated with such Premises, but subject to all
easements, matters, and building and use restrictions apparent or of record, zoning ordinances,
and any Permitted Exceptions (collectively, the “Premises”).
2. Purchase Price and Manner of Payment. The purchase price for the Premises shall be
determined by an independent, licensed appraiser mutually selected by the Parties, whose
appraisal ("City Acquired Property Appraisal") shall be conducted at the Parties' joint expense,
with the cost allocated equally between the Parties. The Appraiser shall consider the
restrictions in Sections 4(a) and 4(b) of the Development Agreement between the Parties when
determining the value of the City Acquired Property. The Parties' obligations under this
Agreement will be contingent on the receipt of the City Acquired Property Appraisal that is
satisfactory to each Party, in its sole discretion. If either Party deems the initial City Acquired
Property Appraisal unsatisfactory, such Party shall notify the other in writing within thirty (30)
days of receipt of the initial City Acquired Property Appraisal. Upon such notice, the Parties
shall each select an additional independent, licensed appraiser. Both of the additionally selected
appraisers shall independently appraise the City Acquired Property. The final appraised value
shall be the average of the two appraisals provided by the two additionally selected
independent appraisers. The costs of the additional independent appraisals shall be shared
equally by the Parties. The final appraised value, as determined pursuant to this subsection (c),
shall be final, binding, and conclusive on the Parties.
3. Inspection Period. As used in this Agreement, the term “Inspection Period” means the
period commencing on the Effective Date and ending at 5:00 p.m., Eastern Time, on the date
that is sixty (60) days thereafter; provided, however, Buyer may extend the expiration of the
Inspection Period for up to thirty (30) days by delivering written notice to Seller prior to the
expiration of the initial 60-day Inspection Period.
4. Title; Survey; Deed Restriction.
a. As evidence of title to the Premises, Buyer shall, within fourteen (14) days following
the full execution of this Agreement, order from Transnation Title, whose address is
570 Seminole Rd #102, Muskegon, MI 49444 (“Title Company”), a commitment
(“Title Commitment’) to issue an owner’s title insurance policy insuring the Premises
in the amount of the Purchase Price, without the standard printed exceptions to the
extent the same can be removed by delivery of an executed owner’s affidavit in form
requested by the Title Company, which shall be in a form approved by the American
Land Title Association (“ALTA”). Within thirty (30) days following the last to occur
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of (i) Buyer’s receipt of the Title Commitment, and (ii) Buyer’s receipt of the Survey,
but in no event later than the end of the Inspection Period, Buyer shall notify Seller in
writing if the Title Commitment discloses any requirements, exceptions, or other
matters not acceptable to Buyer or if the Survey (defined below) is not acceptable to
Buyer (individually and collectively, a “Defect”). If Buyer fails to notify Seller of such
objections within such period, Buyer shall be deemed to have waived any objection
and accepted all exceptions. Seller shall notify Buyer within three (3) business days
after Seller’s receipt of Buyer’s objections whether or not Seller is willing to cure
Buyer’s objections. Seller's failure to respond to such objections shall be deemed an
election by Seller not to remove or cure any such title objections. If Seller fails or
refuses to remove any Defect or satisfy any requirement on the Title Commitment,
Buyer may: (y) proceed to Closing, waiving the Defect or requirement at issue; or (z)
terminate this Agreement by a written notice to Seller. The Parties shall use
commercially reasonable efforts to satisfy the requirements set forth in the Title
Commitment on or before the Closing Date. The term “Permitted Exceptions” means
(A) applicable zoning ordinances and building codes of record; (B) current taxes and
assessments not yet due and payable as of Closing; and (C) any matters and exceptions
revealed on the Title Commitment that Buyer (y) does not object to as provided herein,
or (z) initially objects to but later accepts by proceeding to Closing.
b. Survey. Buyer may, at Buyer’s expense, obtain a survey of the Premises which is
certified to Buyer, Buyer’s lender, and the Title Company insuring the transaction
along with its underwriter (“Survey”). If a survey by a registered land surveyor made
prior to Closing discloses an encroachment or substantial variation from the presumed
land boundaries or area, Seller shall have the option of affecting a remedy within 30
days after disclosure. Buyer may elect to purchase the Premises subject to said
encroachment or variation.
c. Deed Restriction. The Parties agree that the Deed (as defined below) shall include a
deed restriction that prohibits the Buyer from using the area along the perimeter of
the Premises, as depicted on Exhibit C ("Restricted Riparian Area"), in a manner that
would impede or otherwise prohibit vessel docking and launching.
5. Buyer’s Contingencies and Other Closing Requirements. Buyer’s obligation to purchase
the Premises and the remainder of Buyer’s obligations under this Agreement shall be subject
to its approval of each contingency set forth below (collectively, the “Buyer Contingencies”).
The Buyer Contingencies are for the sole benefit of Buyer. The satisfaction or waiver of each
of the Buyer Contingencies, in Buyer’s sole discretion, is a condition precedent to the Closing.
This Agreement may be terminated by Buyer upon written notice to Seller as a result of Buyer’s
disapproval of any of the Buyer Contingencies in its discretion. If this Agreement is so
terminated, neither Seller nor Buyer shall have any further liability to the other under this
Agreement.
a. Inspections. On or before the end of the Inspection Period, Buyer’s satisfaction, in
its sole discretion, with the results of all inspections of the Premises that Buyer desires,
to be performed at Buyer’s discretion and expense, including, but not limited to,
compliance of the Premises with applicable laws, ordinances and regulations; the
physical condition of the Premises and the improvements thereon; the environmental
condition of the Premises; to determine whether any necessary zoning exceptions,
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variances, or conditional use permits may be obtained; to determine whether the
Premises may be developed as intended by performing any soil compaction or other
necessary geological or engineering or architectural analysis; and to obtain necessary
governmental permits and approvals for Buyer’s intended use and development of the
Premises. The foregoing Buyer Contingency shall be deemed approved and waived by
Buyer upon the expiration of the Inspection Period, unless Buyer has previously
exercised its right of termination hereunder.
b. Documents to be Provided by Seller. Within seven (7) business days following the
Effective Date, to the extent in the possession of Seller, Seller shall deliver to Buyer
copies of the following documentation, along with such other documents as Buyer
may reasonably request within seven (7) business days of such request, all to the extent
within Seller’s possession (the “Premises Documents”), for Buyer’s review and
approval, in its sole discretion:
i. all plans and specifications, soil, engineering, environmental reports and
studies or architectural notices, studies, reports or plans, and all other reports
concerning the Premises or any portion thereof which relate to the physical
condition or operation of the Premises (collectively, the “Plans and Reports”);
ii. zoning and land use applications, site plan, land use and governmental
approvals, city resolutions, permits, licenses, entitlements and other
governmental, utility service provider and other quasi-governmental
authorizations, including any certificates of occupancy that Seller now holds in
connection with the ownership, planning, development, construction, use,
operation or maintenance of the Premises and all amendments, modifications,
supplements, general conditions and addenda thereto, and including any and
all licenses, permits, or authorizations for any well, septic system, or private
waste water treatment system on or serving the Premises (collectively, the
“Licenses”);
iii. all written guarantees, representations and/or warranties, made to or inuring
to the benefit of Seller regarding the Premises or its operation (“Warranties”).
Seller shall also cause to be delivered to Buyer copies of all written contracts
and other agreements currently in effect relating to the Premises and/or the
use thereof, together with any and all amendments, modifications or
supplements thereto (collectively, the “Contracts”);
iv. copies of any and all written notices received by Seller from any governmental
or quasi-governmental authorities with respect to (A) violations or alleged
violations of any License, law, code or regulation, including, without limitation,
any health and sanitation, fire or building codes; (B) defects or other
deficiencies in the Premises and (C) results of all inspections of the Premises;
v. such other documents or items as Buyer may reasonably request during the
Inspection Period in connection with its due diligence investigation of the
Premises or the operation thereof.
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The foregoing Buyer Contingency shall be deemed approved and waived by Buyer upon the
expiration of the Inspection Period, unless Buyer has previously exercised its right of termination
hereunder.
c. Date Down of Representations; No Breach of Covenants. All representations and
warranties of Seller pursuant to Paragraph 9 below shall be true and correct in all
material respects as of the Closing Date and, prior to the Closing Date, there shall be
no material breach of Seller’s covenants or obligations under this Agreement.
d. Title Policy. The Title Company issuing a marked-up title commitment or proforma
owner’s title policy to be issued at the Closing, along with title insurance policy
endorsements required by Buyer and to be obtained at Buyer’s expense.
6. Property Taxes; Assessments. All taxes and assessments that are due and payable at the
time of Closing shall be paid by Seller prior to or at Closing, without proration. All taxes and
special assessments that become due and payable after Closing shall be the responsibility of
Buyer.
7. Closing.
a. Closing; Closing Date. The closing of the transaction contemplated herein (the
“Closing”) shall take place on a date mutually agreeable to Buyer and Seller (“Closing
Date”) that is within fourteen (14) days following Buyer’s written notice to Seller that
Buyer is prepared to close and has waived all of the Buyer Contingencies (“Closing
Deadline”). Closing shall be deemed to have occurred as of 12:01 a.m. local time on
the date of the Closing Date. The Closing shall be held as an escrow closing at the
Title Company, unless otherwise agreed in writing by the parties.
b. Seller Closing Deliverables. As a condition precedent to the Closing in favor of
Buyer, Seller shall deliver or cause to be delivered the items set forth below in a timely
manner to the Title Company:
i. duly executed and acknowledged warranty deed for the Premises in the form
attached to this Agreement as Exhibit B (“Deed”);
ii. duly executed non-foreign affidavit;
iii. Real Estate Transfer Tax Valuation Affidavit;
iv. payoff letters from the holders or claimants of, or with respect to, any
monetary lien or mortgage affecting the Premises or any portion thereof that
arises from Seller’s acts or omissions;
v. any and all transfer declarations or disclosure documents, duly executed by the
appropriate parties, required in connection with the recordation of the Deed
by any state, city, or county agency having jurisdiction over the Premises or
the transactions contemplated hereby;
vi. a duly executed closing statement setting forth the Purchase Price and closing
adjustments (“Closing Statement”);
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vii. a corporate resolution of the Board of Directors of Seller authorizing the
closing of the transaction in a form reasonably acceptable to Title Company
and Seller;
viii. any other documents reasonably required by the Title Company to
consummate this transaction.
c. Buyer Closing Deliverables. As a condition precedent to the Closing in favor of
Seller, Buyer shall deliver or cause to be delivered in a timely manner to the Title
Company the following:
i. a sum equal to the Purchase Price less any credits against the Purchase Price
and other adjustments provided for in this Agreement, plus any other sums
required for costs to be paid by Buyer pursuant to the terms of this Agreement,
all in immediately available U.S. funds;
ii. a duly executed counterpart of the Closing Statement; and
iii. any executed or other documents reasonably required by the Title Company
or Seller to consummate this transaction.
d. Possession. Seller shall deliver actual physical possession of the Premises to Buyer at
Closing, free of all tenants and other occupants.
8. Costs.
a. Seller Costs. Seller shall pay (i) any documentary transfer tax, revenue tax or excise
tax (and any surtax thereon) due in connection with the consummation of this
transaction; (ii) Seller’s legal, accounting and other professional fees and expenses, and
the cost of all certificates, instruments and documents required to be delivered, or to
cause to be delivered, by Seller hereunder; (iii) fifty percent (50%) of all closing fees of
the Title Company; (iv) any and all costs, expenses or fees associated with Seller’s
paying off of any loans or liens on the Premises that arise from acts or omissions of
Seller.
b. Buyer Costs. Buyer shall pay (i) all costs incurred by Buyer in connection with its
investigation of the Premises, including site inspections or environmental audits;
(ii) Buyer’s legal, accounting, and other professional fees and expenses and the cost of
all certificates, instruments, and documents required to be delivered by Buyer
hereunder; (iii) fifty percent (50%) of all closing fees of the Title Company; and (iv)
the fees for recording the Deed.
c. Cost of the Title Policy. Buyer shall pay the cost of the premium for the Title Policy,
including any special endorsements requested by Buyer which shall be paid by the
Buyer.
d. Other Costs. Any other costs of the Title Company or of closing pertaining to this
transaction not otherwise expressly allocated among the Parties under this Agreement
shall be apportioned in the manner customary in Muskegon County.
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9. Representations and Warranties of Seller. Seller represents and warrants to Buyer that the
following matters are true and correct as of the execution of this Agreement and also will be
true and correct as of the Closing Date.
a. Organization; Authority; Enforceability; Conflict. Seller is a corporation, duly
organized, validly existing and in good standing under the laws of the State of
Michigan. This Agreement and all the documents and items to be executed and
delivered by Seller pursuant to the terms of this Agreement (i) have been or will be
duly authorized, executed and delivered by Seller; (ii) are or will be legal and binding
obligations of Seller as of the date of their respective executions; (iii) are or will be
enforceable in accordance with their respective terms (except to the extent that such
enforcement may be limited by applicable bankruptcy, insolvency, moratorium and
other principles relating to or limiting the rights of contracting parties generally); and
(iv) do not, and will not as of the Closing Date, violate any provision of any agreement
to which such Seller is a party, any of such Seller’s organizational documents or any
existing obligation of or restriction on Seller under any order, judgment or decree of
any state or federal court or governmental authority binding on Seller.
b. Condition of Premises; Compliance with Laws. To Seller’s knowledge, there are
no violations of any applicable laws, moratoria, initiative, referenda, ordinances, rules,
regulations, codes, standards, judgments, orders, directives, injunctions, writs or
decrees promulgated by any federal, state or local governmental body or by any quasi-
governmental body having authority over Seller or the Premises or the operations
thereof (collectively, “Laws”), and Seller has not received written notice of any such
violations.
c. Accuracy of Information. To Seller’s knowledge, the information provided to Buyer
is true in all material respects and include complete copies (or summaries, with respect
to verbal leases or contracts) of all material documents, contracts, warranties, licenses,
and schedules with respect to the Premises that are in Seller’s possession, and there
are no other written material agreements or understandings to which Seller or any of
its affiliates are a party or are bound relating to the Premises or their operation or use
in Seller’s possession other than as delivered or disclosed in writing to Buyer or
disclosed on the Title Commitment.
d. Litigation; Condemnation. There are no (i) actions, suits or proceedings pending or,
to Seller’s knowledge, threatened before or by any governmental authority or other
person, against or affecting Seller, any of its affiliates or the Premises or (ii) to Seller’s
knowledge, proposed or threatened eminent domain or similar proceedings which
would affect the Premises in any manner whatsoever.
e. CC&Rs. Seller has received no notice or complaint with respect to any violation of
any covenant, condition or restriction applicable to the Premises.
f. Hazardous Materials. To Seller’s knowledge, other than the restrictions imposed by
a certain Declaration of Restrictive Covenant for a Restricted Nonresidential (MDEQ
Reference No.: RC-RRD-201-18-041), which is recorded at Liber 4184, Page 454 of
the Muskegon County Register of Deeds ("Restrictive Covenant"): (i) there has been
no release or threatened release of hazardous substances or hazardous materials (as
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those terms are defined in all applicable environmental laws) on, from, or onto the
Premises; (ii) the Premises is not a “facility”, as defined under applicable Michigan
Laws, and is not subject to any environmental restrictions, easements, or other
encumbrances; (iii) there are no underground storage tanks located at or under the
Premises; and (iv) Seller has not received any notice, claim, demand, or other
communication, written or oral, alleging that the Premises is or may be contaminated,
subject to environmental restrictions, easements, or other encumbrances, that the
Premises is or may be in violation of any applicable environmental laws, or that the
Premises is the subject of any investigatory, remedial or cleanup action, order, or
directive.
g. Third Party Consents. Seller has the full right and authority to consummate the
transactions contemplated by this Agreement, including, without limitation, assigning
to Buyer the Warranties, Licenses, and Contracts, pursuant to the terms and conditions
contained herein and no consents from third parties are required in connection
therewith. No approval, authority, or consent of, or filing by, Seller with, or
notification to, any federal, state, or local court, authority, or governmental or
regulatory body or agency or any other corporation, limited liability company,
partnership, individual, or other entity is necessary (a) to authorize the execution and
delivery of this Agreement or any of the related agreements by Seller; or (b) to
authorize the consummation of the transactions contemplated by this Agreement or
any of the related agreements by Seller.
h. Foreign Person. Seller is not a “foreign person” within the meaning of
Section 1445(f)(3) of the United States Internal Revenue Code of 1986. Neither Seller
nor any of its investors, affiliates or brokers or other agents (if any), acting or benefiting
in any capacity in connection with this Agreement is a Prohibited Person. “Prohibited
Person” means any of the following: (A) a person or entity that is listed in the Annex
to, or is otherwise subject to the provisions of, Executive Order No. 13224 on
Terrorist Financing (effective September 24, 2001) (the “Executive Order”); (B) a
person or entity owned or controlled by, or acting for or on behalf of any person or
entity that is listed in the Annex to, or is otherwise subject to the provisions of, the
Executive Order; (C) a person or entity that is listed as a “specially designated national”
or “blocked person” on the most current list published by the U.S. Treasury
Department’s Office of Foreign Assets Control (“OFAC”) at its official website
www.treas.gov/office/enforcement/ofac; (D) a person or entity that is otherwise the
target of any economic sanctions program currently administered by OFAC; or (E) a
person or entity that is affiliated with any person or entity identified in subsection (A),
(B), (C) and/or (D).
No representation or warranty made by Seller in this Agreement shall merge into any
instrument of conveyance delivered at the Closing, but shall survive the Closing.
10. Representations and Warranties of Buyer. Buyer hereby represents and warrants to Seller
that the following matters are true and correct as of the execution of this Agreement and
also will be true and correct as of the Closing Date:
a. Organization. Buyer is a municipal corporation, duly organized, validly existing and
in good standing under the laws of the State of Michigan.
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b. Authority; Enforceability; Conflict. This Agreement and all the documents to be
executed and delivered by Buyer to Seller or Title Company pursuant to the terms of
this Agreement (i) have been or will be duly authorized, executed and delivered by
Buyer; (ii) are or will be legal and binding obligations of Buyer as of the date of their
respective executions; (iii) are or will be enforceable in accordance with their respective
terms (except to the extent that such enforcement may be limited by applicable
bankruptcy, insolvency, moratorium and other principles relating to or limiting the
rights of contracting parties generally); and (iv) do not, and will not at the Closing
Date, violate any provision of any agreement to which Buyer is a party, any of Buyer’s
organizational documents or any existing obligation of or restriction on Buyer under
any order, judgment or decree of any state or federal court or governmental authority
binding on Buyer. This Agreement has been duly authorized by all requisite action on
the part of Buyer and the individual executing this Agreement on behalf of Buyer has
full power and authority to legally bind Buyer.
No representation or warranty made by Buyer in this Agreement shall merge into any
instrument of conveyance delivered at the Closing but shall survive the Closing.
11. Right to Enter Premises. Buyer and its agents and contractors shall be afforded the right
and opportunity, at Buyer’s sole cost and expense, to enter onto the Premises for the purpose
of making such tests and inspections as Buyer deems necessary in connection with its
investigation of the Premises and all improvements thereon, including, without limitation,
inspections and evaluations of the physical condition of the Premises and the improvements
thereon, a Phase I environmental site assessment (ESA), a Phase II ESA, or any other
environmental inspections, samplings, drillings, borings, or testing of any kind. Buyer agrees
to keep the Premises free from any liens arising out of any work performed, materials
furnished or obligations incurred by or on behalf of Buyer with respect to any inspection,
testing or visits of the Premises. If any such lien at any time shall be filed, Buyer shall cause
the same to be discharged within twenty (20) days thereafter by satisfying the same or, if Buyer,
in its discretion and in good faith determines that such lien should be contested, by recording
a bond.
If this Agreement fails to close for any reason, Buyer shall repair any damage to the
Premises caused by Buyer, its agents, or Buyer’s activities on the Premises, and shall return the
Premises to the condition it was materially in before Buyer’s activities on the Premises, unless
such damage was caused by Seller or its representatives or agents.
Notwithstanding the foregoing, Buyer’s rights under this paragraph are subject to the
following limitations, covenants, and agreements: (i) prior to any entry onto the Premises by
Buyer or its agents, Buyer shall give Seller notice at least one (1) business day before
conducting any inspections on the Premises, and a representative of Seller shall have the right
to be present when Buyer or its representatives conducts its or their investigations on the
Premises; and (ii) Buyer shall comply with all applicable federal, state, and local laws, statutes,
rules, regulations, ordinances, and policies in conducting any of its inspections or testing of
the Premises.
12. Indemnification by Seller. Seller hereby agrees to indemnify, defend, and hold harmless
Buyer (including the Buyer’s officers, directors, employees, advisors, accountants, and
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attorneys) from and against any losses, damages, costs and expenses (including attorney fees)
resulting from (i) any claims, demands, causes of action, liabilities and obligations of any kind
or description arising from facts or circumstances occurring before the Closing, or (ii) any
inaccuracy or breach of any representation, warranty, or covenant of Seller contained herein.
13. Real Estate Commission. Buyer and Seller both acknowledge and agree that no agent,
broker, salesperson, or other party is entitled to a real estate commission upon the Closing of
this sale. Buyer and Seller both agree to indemnify and hold the other harmless from any
liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.
14. Notice. 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 e-mail; (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 e-mail; one day after depositing with a nationally
recognized overnight delivery service; and three days after sending by first class, registered, or
certified mail. Notices shall be sent to the parties as follows:
To Seller: To Buyer:
c/o Max McKee c/o Jonathan Seyferth
560 Mart St. 933 Terrace St.
Muskegon, Michigan 49440 Muskegon, Michigan 49440
Email: MMcKee@sandproductscorp.com Email: jonathan@shorelinecity.com
with a copy to: with a copy to:
_____________________ City Attorney
_____________________ 601 Terrace Street, Suite 200
_____________________ Muskegon, Michigan 49440
Attn: ________________ E-mail: brennen@parmenterlaw.com
15. Operating Covenants; Final Walkthrough Inspection. From the Effective Date until the
Closing or earlier termination of this Agreement: (a) Seller shall continue to maintain the
Premises in good condition and repair and to operate the Premises and pay for all expenses in
a manner similar to its operation prior to the execution of this Agreement, including, without
limitation, to the providing of insurance, management, maintenance and services in the
ordinary course; (b) no leases, rental or use agreements, service contracts, restrictions,
declarations, agreements or options shall be entered into, amended, or terminated without
Buyer’s prior written consent, not to be unreasonably withheld; (c) Seller shall promptly
furnish Buyer copies of (i) all notices of violation by Seller or the Premises of federal, state or
municipal laws, ordinances, regulations, orders, or requirements of departments of housing,
buildings, fire, labor, health, environment or other federal, state or municipal departments or
other governmental authorities, (ii) disputes with adjacent land owners and other third parties,
(iii) all notices of any changes in assessed value and/or taxes for the Premises and (iv) any
material matter, claim, threat, or complaint threatening to adversely affect the Premises or
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Seller of which Seller has knowledge or received notice; and (d) Seller shall not market the
Premises for sale or otherwise accept or negotiate any offers for sale or refinancing.
On the day prior to the Closing Date, or such other date and time as mutually agreed
by Seller and Buyer, Buyer shall be entitled to conduct a final walk-through inspection of the
Premises to inspect the Premises and to ensure that the Premises is in substantially the same
state and condition as it was on the Effective Date, that no material damage has occurred to
the Premises between the end of the Inspection Period and such final walk-through inspection,
that all representations and warranties of Seller pursuant to Paragraph 9 with respect to the
physical condition of the Premises and improvements thereon continue to be true and correct
in all material respects, and that any repairs agreed to be made by Seller to the Premises prior
to Closing have been completed (the “Final Walk-Through Inspection”).
16. Condition of Premises. Buyer acknowledges and agrees that Seller is selling and conveying
the Premises to Buyer, and Buyer is accepting and purchasing the Premises, “AS IS, WHERE
IS”, and that, except for the representations and warranties of Seller provided in this
Agreement.
17. Miscellaneous Provisions.
a. Incorporation of Prior Agreements. This Agreement contains the entire
understanding of Buyer and Seller with respect to the subject matter hereof, and no
prior or contemporaneous written or oral agreement or understanding pertaining to
any such matter shall be effective for any purpose. No provision of this Agreement
may be amended or added to except by an agreement in writing, expressly stating that
such agreement is an amendment of this Agreement, signed by the parties to this
Agreement or their respective successors in interest.
b. Attorney Fees. In the event any action or proceeding is commenced to obtain a
declaration of rights hereunder, to enforce any provision hereof or to seek rescission
of this Agreement for default contemplated herein, whether legal or equitable, the
prevailing party in such action will be entitled to recover its reasonable attorney fees
in addition to all other relief to which it may be entitled therein.
c. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of each of the parties hereto and to their respective transferees, successors, and
assigns.
d. No Third Party Beneficiaries. This Agreement is made and entered into solely for
the protection and benefit of the parties and their successors and permitted assigns.
No other person shall have any right of action hereunder.
e. Governing Law. This Agreement shall be construed in accordance with and governed
by the internal laws of the State of Michigan without giving effect to any “conflict of
law” rules of such state.
f. Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original, but all of which, when taken together, shall
constitute one and the same instrument. Executed copies hereof may be delivered by
email or other electronic means and upon receipt will be deemed originals and binding
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upon the parties hereto, regardless of whether originals are delivered thereafter. The
parties further agree that the electronic signature, whether digital or encrypted,
including a digital signature delivered via DocuSign or Adobe Sign, of a party on this
Agreement or any of the closing documents referenced herein shall be deemed an
original signature having the same legal effect as its manual signature.
g. Interpretation; Construction. Wherever possible, each provision of this Agreement
shall be interpreted in such a manner as to be valid under applicable law, but, if any
provision of this Agreement shall be invalid or prohibited thereunder, such invalidity
or prohibition shall be construed as if such invalid or prohibited provision had not
been inserted herein and shall not affect the remainder of such provision or the
remaining provisions of this Agreement. The language in all parts of this Agreement
shall be in all cases construed simply according to its fair meaning and not strictly
against the party that drafted such language. Section and paragraph headings of this
Agreement are solely for convenience of reference and shall not govern the
interpretation of any of the provisions of this Agreement.
h. Exhibits; Schedules; Recitals Verified. All Exhibits attached hereto are
incorporated herein by reference. The Recitals to this Agreement are hereby stated to
be true and correct and are incorporated herein by this reference.
i. Waiver by a Party. The waiver of any contingency, representation, warranty,
covenant, or other matter or provision hereof may only be made in writing (including
electronic mail) by the party benefited by the same.
j. Further Assurances. In addition to the actions recited herein and contemplated to be
performed, executed and/or delivered hereunder, Buyer and Seller agree to perform,
execute and/or deliver or cause to be performed, executed and/or delivered any and
all such further acts, instruments and assurances as may be reasonably required to
consummate the transactions contemplated hereby.
k. Default; Injunctive and Equitable Relief. In the event all conditions precedent to
Buyer’s obligation to close have been satisfied or otherwise waived and Buyer fails to
close by the Closing Deadline and Seller is not otherwise in default hereunder, such
default not being cured within seven (7) days after Buyer’s receipt of written notice
thereof from Seller, then Seller may either (a) terminate this Agreement as Seller’s sole
and exclusive remedy against Buyer and neither party shall have any further obligations
hereunder except as expressly survives the termination of this Agreement, or (b)
pursue a claim for damages arising from Buyer’s default and breach of this Agreement.
Seller hereby waives and releases any right to (and hereby covenants that it shall not)
sue Buyer for specific performance of this Agreement. In the event of a default or
breach by Buyer of any of Buyer’s covenants, representations, or warranties set forth
in this Agreement but not described above in this paragraph (m), Seller shall be entitled
to pursue any right or remedy available under applicable law.
Seller and Buyer hereby agree that the Premises are of a special and unique
character which gives it a peculiar value, and that Buyer cannot reasonably or
adequately be compensated in damages in an action at law if Seller breaches its
obligations under the Agreement. Therefore, Buyer shall be entitled to injunctive and
other equitable relief (including, without limitation, the right to specifically enforce
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Seller’s obligation to sell the Premises) in the event of such breach, in addition to any
other rights or remedies which may be available to Buyer at law or in equity.
l. Business Days. As used in this Agreement, a “business day” shall mean a day other
than Saturday, Sunday or any day on which banking institutions in Muskegon County,
Michigan, are authorized by law or other governmental action to close. All other
references to “days” or “calendar days” in this Agreement shall refer to calendar days.
If any period expires or delivery date falls on a date that is not a business day under
this Agreement, such period shall be deemed to expire, and such delivery date shall be
deemed to fall on the immediately succeeding business day.
m. Survival. All covenants, representations, and indemnities set forth in this Agreement
shall survive the Closing or any termination of this Agreement.
n. Review by Legal Counsel. Seller acknowledges that this Agreement was prepared
by Parmenter Law, legal counsel for Buyer, on behalf of Buyer only; that Parmenter
Law does not represent Seller in this transaction; and that Seller is strongly advised to
seek (and has had an adequate opportunity to seek) advice from independent legal
counsel with respect to their rights, the execution of this Agreement, and the
consummation of the purchase of the Premises.
The parties have executed this Agreement to be effective as of the Effective Date.
Seller – West Michigan Dock & Market Buyer – City of Muskegon, a Michigan
Corporation, a Michigan corporation municipal corporation
______________________________ _______________________________
By: Max McKee By: Ken Johnson
Its: President Its: Mayor
Date: ______________ Date: ______________
_______________________________
By: Ann Meisch
Its: Clerk
Date: ______________
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Exhibit A
Description of Premises
The following Premises are located in the City of Muskegon, County of Muskegon, State of
Michigan, and legally described as follows:
CITY OF MUSKEGON REVISED PLAT OF 1903
THAT PART OF BLK 567 LOT 2 & BLK 563 LOT 9, DESCRIBED AS FOLLOWS: WLY LN
COM AT SE COR OF SAID BLK 566 BEING THE NW COR OF 3RD & WESTERN AVE FOR
POB
THEN 1,944 FT NWLY ALG THE SW LINE OF 3RD ST TO NW COR OF LOT 9, BLK 563
ALSO W 100 FT & N 200 FT LOT 9 BLK 563 NW OF CURVE OF TERRACE PT RD
SUBJ TO ESMNTS/COVENANTS L/P 3609/137
Subject to a final survey.
Page 390 of 434
Exhibit B
Warranty Deed
Page 391 of 434
Exhibit C
Restricted Riparian Area
Page 392 of 434
DECLARATION OF RESTRICTIONS
This Declaration of Restrictions (“Declaration” is hereby declared, imposed, and made
effective as of the ________ day of ______________, 202__ by West Michigan Dock and
Market Corporation (“WMD”), whose address is 560 Mart St., Muskegon, MI 49440, and the
City of Muskegon (the “City”), whose address is 933 Terrace St., Muskegon, MI 49440
(individually a “Party,” together the “Parties”).
RECITALS
A. The Parties have entered into a Development Agreement that includes the purchase, sale,
and leasing of various real property between the Parties. As an integral part of the
Development Agreement, cessation of certain activities on the Property is required.
B. The City is the owner of certain real property and improvements situated in the City of
Muskegon, County of Muskegon, and State of Michigan more particularly described on
Exhibit A, attached hereto and made a part of this Declaration (the “Property”).
C. To facilitate and implement the Development Agreement, the Parties desire to impose
certain covenants, conditions, restrictions, and reservations upon the Property that will
promote and provide benefit to the City of Muskegon.
NOW, THEREFORE, to further the intentions and desires of the City set forth in the
above Recitals, which are incorporated herein, the City does hereby impose the following
conditions, covenants, restrictions and reservations on the Property.
1. The Property is and shall be held, transferred, sold, conveyed, leased, and occupied
subject to the restriction that any use of the Property shall not at any time be used,
occupied, or permitted to be used in any manner that unreasonably impedes or prohibits
vessel docking or launching within the riparian area along the southwestern shoreline of
the Property. This restriction shall not apply to the riparian area along the northwestern
shoreline of the Property or the appurtenant riparian rights thereto. This restriction is
intended to run with the land and shall be binding upon all successors and assigns.
2. All subsequent owners of any interest in the Property, including but not limited to a land
contract or lease interest in the Property or any part thereof (the “Successors”) are hereby
deemed to have received record notice of the existence of this Declaration imposed on the
Page 393 of 434
Successors from their grantor, seller, licensee, occupiers, lessor or predecessor in interest
in the Property.
3. The conditions, covenants, restrictions, and reservations on the Property under this
Declaration (collectively the “Restrictions”) shall be imposed upon and control the use of
the Property by the following (each an “Owner”): (a) the City of Muskegon; (b) the initial
purchaser from or successor to the interest of the City of Muskegon; (c) all Successors;
and (d) all other parties and persons claiming an interest in the Property. The Restrictions
shall be enforceable by WMD against the Owner during such Owner’s period of seisin,
title, or interest in and to the Property.
4. The Restrictions against the Property and all rights and remedies of WMD under this
Declaration shall survive and not be merged into the interests of the City that are
conveyed to an Owner under any instrument of conveyance, assignment, or lease.
5. This Declaration and the rights and remedies of WMD under this Declaration, at law or in
equity, shall run with the land.
6. All references in this Declaration to WMD or the City shall include the successors and
assigns of either Party without prior requirement of consent by any Owner.
7. The City shall have the exclusive right to enforce the Restrictions under this Declaration,
however, if the City shall fail to do so from time to time, such failure shall not act as a
waiver of the right to enforce these Restrictions as to any violation thereof. Any Owner
will require the consent of the City to remove, amend, or modify the Restriction.
8. In addition to all other remedies, WMD shall be entitled to specific performance and
injunctive or other equitable relief as a remedy for any breach of this Declaration.
9. Acceptance by any Owner of an interest in any portion of the Property shall constitute the
agreement of such persons, persons, or entity of continued compliance with this
Declaration.
10. This Declaration is to be governed by and construed in accordance with the laws of the
State of Michigan. In the event that any provision of this Declaration or the application
thereof to any person or circumstance shall, for any reason and to any extent, be invalid
or unenforceable, the remainder of this Declaration and the application of such provisions
to other persons or circumstances shall not be affected thereby, but rather shall be
enforced to the greatest extent permitted by law.
Page 394 of 434
City – City of Muskegon WMD – West Michigan Dock & Market
Corporation
By: _________________________________ By: _________________________________
Name: Kenneth Johnson Name: Max B. McKee
Title: Mayor Title: President
Date: _________________, 2025 Date: _______________, 2025
By: _________________________________
Name: Ann Meisch
Title: City Clerk
Date: _________________, 2025
Page 395 of 434
Exhibit J
Restricted Riparian Area
22
Page 396 of 434
DECLARATION OF RESTRICTIONS
This Declaration of Restrictions (“Declaration” is hereby declared, imposed, and made
effective as of the ________ day of ______________, 202__ by West Michigan Dock and
Market Corporation (“WMD”), whose address is 560 Mart St., Muskegon, MI 49440, and the
City of Muskegon (the “City”), whose address is 933 Terrace St., Muskegon, MI 49440
(individually a “Party,” together the “Parties”).
RECITALS
A. The Parties have entered into a Development Agreement that includes the purchase, sale,
and leasing of various real property between the Parties. As an integral part of the
Development Agreement, cessation of certain activities on the Property is required.
B. The City is the owner of certain real property and improvements situated in the City of
Muskegon, County of Muskegon, and State of Michigan more particularly described on
Exhibit A, attached hereto and made a part of this Declaration (the “Property”).
C. To facilitate and implement the Development Agreement, the Parties desire to impose
certain covenants, conditions, restrictions, and reservations upon the Property that will
promote and provide benefit to the City of Muskegon.
NOW, THEREFORE, to further the intentions and desires of the City set forth in the
above Recitals, which are incorporated herein, the City does hereby impose the following
conditions, covenants, restrictions and reservations on the Property.
1. The Property is and shall be held, transferred, sold, conveyed, leased, and occupied
subject to the restriction that any use of the Property shall not at any time be used,
occupied, or permitted to be used in any manner that unreasonably impedes or prohibits
vessel docking or launching within the riparian area along the southwestern shoreline of
the Property. This restriction shall not apply to the riparian area along the northwestern
shoreline of the Property or the appurtenant riparian rights thereto. This restriction is
intended to run with the land and shall be binding upon all successors and assigns.
2. All subsequent owners of any interest in the Property, including but not limited to a land
contract or lease interest in the Property or any part thereof (the “Successors”) are hereby
deemed to have received record notice of the existence of this Declaration imposed on the
Page 397 of 434
Successors from their grantor, seller, licensee, occupiers, lessor or predecessor in interest
in the Property.
3. The conditions, covenants, restrictions, and reservations on the Property under this
Declaration (collectively the “Restrictions”) shall be imposed upon and control the use of
the Property by the following (each an “Owner”): (a) the City of Muskegon; (b) the initial
purchaser from or successor to the interest of the City of Muskegon; (c) all Successors;
and (d) all other parties and persons claiming an interest in the Property. The Restrictions
shall be enforceable by WMD against the Owner during such Owner’s period of seisin,
title, or interest in and to the Property.
4. The Restrictions against the Property and all rights and remedies of WMD under this
Declaration shall survive and not be merged into the interests of the City that are
conveyed to an Owner under any instrument of conveyance, assignment, or lease.
5. This Declaration and the rights and remedies of WMD under this Declaration, at law or in
equity, shall run with the land.
6. All references in this Declaration to WMD or the City shall include the successors and
assigns of either Party without prior requirement of consent by any Owner.
7. The City shall have the exclusive right to enforce the Restrictions under this Declaration,
however, if the City shall fail to do so from time to time, such failure shall not act as a
waiver of the right to enforce these Restrictions as to any violation thereof. Any Owner
will require the consent of the City to remove, amend, or modify the Restriction.
8. In addition to all other remedies, WMD shall be entitled to specific performance and
injunctive or other equitable relief as a remedy for any breach of this Declaration.
9. Acceptance by any Owner of an interest in any portion of the Property shall constitute the
agreement of such persons, persons, or entity of continued compliance with this
Declaration.
10. This Declaration is to be governed by and construed in accordance with the laws of the
State of Michigan. In the event that any provision of this Declaration or the application
thereof to any person or circumstance shall, for any reason and to any extent, be invalid
or unenforceable, the remainder of this Declaration and the application of such provisions
to other persons or circumstances shall not be affected thereby, but rather shall be
enforced to the greatest extent permitted by law.
Page 398 of 434
City – City of Muskegon WMD – West Michigan Dock & Market
Corporation
By: _________________________________ By: _________________________________
Name: Kenneth Johnson Name: Max B. McKee
Title: Mayor Title: President
Date: _________________, 2025 Date: _______________, 2025
By: _________________________________
Name: Ann Meisch
Title: City Clerk
Date: _________________, 2025
Page 399 of 434
Exhibit K
Restrictive Covenant
23
Page 400 of 434
Received
MARK
F. &Sealed
for
FAIRCHILDRecord
OF
REGISTER
DEEDS
Muskagon
83/27/2019AM Michigan
County
09:43Liber:
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Page:
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OFDEEDS
REGISTER 4184
Liber:
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Page:
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AGE: 3 AM
P03/27/2019
County
Michigan
Ruskegon
0449650192
IIIIMPAMWNEWERMAbill
DECLARATION
OFRESTRICTIVE
COVENANT
FORARESTRICTED
NONRESIDENTIAL
REMEDIAL
ACTION
MDEQReference
No.:
RC-RRD-201-18-041
This
Declaration
of
Restrictive
Covenant
of
Deeds
for
the has
been
Covenant")
("Restrictive
of recorded
with
the
and
County
Muskegon
and
the Register
environment purpose
or health,
protecting
public
could
activities
that safety,
in
result
welfare,
to by
prohibiting
environmental restricting
contamination
at
the located
at
560 unaccepta
Mart
Street.
exposure Portion
of present
Tax
ID
Property Property
Number owned
61-244-205-567-00by
Muskegon,
West Michigan,
Dock
Michigan&Market (WMDMC)
Corporation and in
Exhibit
described
legally Iattache
hereto Exhibit
Ialso
("Property"). includes
a of
the
survey Property.
The is
Propertyof
partthe
larger
MichCon/Lakey
Foundry Site
Facility Site
#
("Facility"),
for
which
61000027, Consolidated
Michigan
aNoFurtherGas
Company
Action tothe DTE
("MichCon")
(now Gas
Company
of
(DTE has
Gas))submitted
Environmental that (NFA)
includesReport
land Department
Michigan
use-based
nonresidential criteria
as
defined
and
set
forth
in ("MDEQ")
Quality
Section
20120a
of
Part
201of
the
Natural and
Environmental
Resources Protecti
Act 1994
("NREPA"),PA as
4the
51, MCL
amended,324.20101 for
the
environment
remediation
associated
with Facility.@,
with
the
Working MDEQ,DTEGas
has environmental
performed
to activities
response
address by
ithe a
nstalli
from
Control
Hydraulic
to System
Lake
aboveont
(Remedy) he
Property
Part
201 The
criteria. venting
groundwater
includes
the
Facility
Muskegon
of
the applicable
Control asdetailed
inthe
NFA Remedy
Report. continui
Hydraulic
operation System
The
Access
Settlement dated
Agreement,
theJune
18,
ofthis MichCon
between
2004., DTE
(now
Restrictive and
Gas)
with
the
Covenant
WMDMC.
("Agreement"),
of required
which: recording
restricts to Muskegon
hazardous
substance
County
on
the
located Deeds,
Register 1)
assures
that
the
use
of exposures
unacceptable
is the
consistent
with
in2)
Property;
the
utilized of Property
criteria
nonresidential toexposure
Section the
20120a
of
assumptions
and
NREPA; development
or
disturbance
ofany pursuant
element
ofthe constructed
Remedy on
the
3)
The damage
prevents
contained
in
restrictions this Covenant
Restrictiveare
based informatio
upon
Property.
at
the
time
available it
was
filed. of
the
Failure to:
Remedy and
achievemaintain
the
criteria
toSections
pursuant of
20120the future
NREPA; in
the
changes of
environmental
thethe
condition
or in
the
changes
Property criteria
nonresidential Sections
under
developed 20120a
of NREPA;
Page 401 of 434
the ofenvironmental
discovery
this was conditions
or at
usethe
of that
awere
Property
the in not
accounted
manner for
at
the
time
inconsistent
with
the
Restrictive
Covenant
restrictions
described filed;
in
result Property
this
Restrictive
Covenant
not of
health,and herein,
may
andthe
environment. being
protective
public
safety,welfare,
As
p of
art the
approving or
Remedy
In NFA the
MDEQ
Report,
Owner may this
that
require
amended Restrictiv
covenant
if
Covenant
be
toamended.
such
case,
accommodate
the or to
record
agrees
NFA an
within
21 restrictive
after of
necessary
such
amended Remedy
restrictive
covenant. Report days MDEQapproval
Exhibit
1herein.
asurvey
provides of
the that
is
Property to
the
subjectland
use
orresource
use
restrict
specified
of
Summary Activities
Response and
Environmental
Contamination
Soil
and/or the
at
groundwater are
contaminated
Property with
benzene,
primarily ethylbenze
bis-2-
xylenes, 1,3,5-TMB,
(TMB),
1,2,4-trimethylbenzene
dibenzofuran, acenaphthene,
fluoranthene,
fluorene, benzo(a)pyrene
ethylhexylphthalate,
and with
afew
metals
and from
cyanide naphthalen
2-methylnaphthale
historical
industrial
operatio
phenanthrene
Prior
to
the pyrene
ofalong
this
recordingRestrictive
Covenant, activities
response have
been
undertaken
to
control
affected
bydraulically byt he aslurry
wall
installation
groundwater of andinstallat
the
and
continuing
on ofa
operation capture
controls
in
the
form
ofSome
system.
groundwater hazardous
substances
use remain
restrictions
and
soil
trestrictions
presenthe that
Property
torequire groundwater
management prevent
unacceptable
exposure.
Residual
Dense Phase
Non-aqueousLiquid
(DNAPL),
will
remain
in historic
related
to
the foundry were
operations
The
DNAPLexists
characterized
properly and and
assessed, 20 oat
place Property.
below surface
and
below
the
located
withinsurface
ground
the atadepth
eastern of
of
the
portionProperty
t30fwhere
approximately eet ground
shown
approximately on Tis
Exhibit
3. he
for
restrictions in
providedthis
Restrictive
Covenant
as serve
to
aresult
of prevent
the
conditions to
unacceptable
exposure
created
t he of
hazardous
the substances
soilfor
the
and/or entire
Property
contaminant by
exceed
concentrations
that the presence
unrestrict
DNAPL, groundwater
nonresidential
criteria
under 20120a
Section of NREPA.
the
DTE
Gas is
andwill
constructed, maintain, and
implement
operate,
from tothe
monitor asdefined
Remedy,
Lakeabove
atthe
herein, address
to
Property
Part
201 venting
groundwater
criteria. the
Facility
Muskegon
applicable
of
Areasthe in Icontains
Exhibit
described
Property hazardous
under in
excess
substances
Sectionofthe
or
as
concentrations
developedunrestricted
the residential
criteria
the 20120a(1)(a
activitiesat (17)
undertaken
the
ofNREPA
the that
have been
not addressed response
through
Covenant
was
filed.
at
the
Propertytime
this
Restrictive
2
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Page 402 of 434
Definitions
"MDEQ"
those means
the
or Michigan tsofEnvironmental
Department
entitieson
ibehalf. its
successor
Quality, and
entities,
persons acting
"Owner"
means
thereof. at
any time
given the
then
current
title
holder
of
the or
Property
any
portion
means
"Remedy"
and construction,
installation,
maintenance,
operation, and
implementation
monitori
of, any
and associated
with:
investigation
other aHydraulic
(a) be
to Control as
System
addressed
underdescribed
NFA
the in
the
NFA
Report (b)
any
does
not response
includeactivity
required
on
t he causeda Report.
new
"Remedy"
anOwner. any response
activity
Property by developmen
by
Allother
201terms
of used
in
this which
documentare in
defined
Part
3, of
the
Definitions,
NREPA;
Part the
299.5101
et or
NREPA,
shallthe
have Part
the 201
sameAdministrative
in Rules
this 201
("Part
document
as
inParts
3and1990
201AACS
Rules"),
oftheR
NREPA
andthe seg.,
Part
201 as
of
Rules,the meaning
date
of this
of Covenant.
Restrictive
filing
NOW THEREFORE,
of
Land
DeclarationUse
or Use
Resource
Restrictions
Pursuant
to
betweenSections
20120a
MichCon of
DTE NREPA
and
and the
WestAccess
Settlement
Dock dated
Agreement,
and
Market June
18,
2004,
West (now
Dock
and Gas)
Market Michigan
560
(WMD), Mart, Corp.
MI ("Agreemen
4and
9440, declares
and Michigan
covenants
the
that Corp.
shall
be to
the Muskegon. hereby
restrictions
following conditions
Property subject
1.
TheOwner areas
that
acknowledges
in contained
of within
the of
the
boundary
concentrations
which are
Property
the
known
tocontain
ofhazardous
substances
Section orexcess
and the
have been
not satisfy
remediated
asof date
the of of
requirements
this 20120a(1)(a)
Restrictive
Covenant. (17) filing
2.T he
Owner
shall all
uses
prohibitof
inthe are
that
Property
20120a
of not
Part with
the
compatible
201
of as
nonresidential
orother
useland
that
isuse
not asdefined
category
with
the
consistent Sectionbasis
and for
the NREPA,
criteria amended,
established
to 20120a.
Section the assumptions
Specifically land
uses
residential
prohibited but
is
include,
may pursuan
not
limited
tohomes
and and
condominiums,
surrounding
yards, where live
people
apartments and for
sleep
of
significant
the
time.
periods
Government
criteria
Cleanup
Documents of
the
section
for
land
State
of
remedial
use-based
Library. plansin
actionare
located
Michigan
3. Unless
(tA) first
otherwise MDEQ.
by
approved Owner
the shall the
followin
prohibit
on
activities
he
Property:
3
P
F.
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OFDEEDS
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of 3
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Page 403 of 434
i.criteria
use
any ofthe
nonresidential that
is
Property
establishedtonot
consistent
Sectionwith
the and
basis
assumptions ofthe
ii. use
not pursuant
consistent
with
other 20120a:
criteria established to
Sectiona ny
20120a; subsequently pursuant
iii. use
any determined
to
beunacceptable to
according 3(B)
paragraphsand of
3(C)this
Restrictive
Covenant,
iv. use
of located
under
the and construction
ofwells
or
other aextract
devices
to ny groundwater
for
groundwater Property
consumption, any
irrigation, or
dewatering,other
any use,
for
wells
except and
devicesare
that of
partaresponse or
activity
any ae
dewatering
by nasement
holder
that
is tomaintain
necessary
corridor
onthe so or
as a
repair
such located
utility
easement within
holder a
with easement
utility
Part
201of or
utility
NREPA
and
the
Part
201 Property,
and
Rules, long
an
develops complies
health
and
appropriate safetyfor
plan in
involved
persons such
and
activities;
v. any of
structures
below
the
elevation
of
thesurface
soils
that
are
of construction
capable
being
occupied.
With
(B) to
future
respect ofthe
use(s) Owner
the
Property, shall
in an
conduct
appropria
soils
and
evaluation
of
the
in risks
potential
order from
assure
to that to
contaminants
exposure to the
present subsurface
does
not
contaminants occur.
The
groundwater,
evaluation
shall
be
consistentunacceptable
with
Section exposure
20120a
of
Part
201of
NREPA. control
measures
that
areidentified
to
be to
necessary
prevent Appropriate
unacceptable shall
exposurebeincorpora
into
the and
construction
plans In the
Owner
addition,
implemented. M CLshall conduct
timelyandand
thefile
a
baseline
environmental
assessment
Administrative
Rules
for
Part to
orthe
extent
permitted
by
amendments 324.20126(1)(c
and ifederal if
tscounterpar
201,any thereto,
by any.
(C) the
Notwithstanding of
provisions 3(A)
(v.),
paragraph in
construction
and
occupancy
of
areas
that
are
above
the ofthe
surface
elevations soils
areasare
allowed
of as as
longaareintrusio
vapor above
risk
evaluation
the is
elevations
ofthe and
surfaceso
completed,
soils.as
longthe
Structurescapable
below
the being
of occupied
elevation
the
surfaceentirely
soils
that
are
of
capable
being are
occupied Construction
prohibited.
ont he of
and foundations,and
related
utilities,
maintenance
structural
the of
surfacebuildings
components
soils
into
areas
of property
subsequent
soil
without
contaminated suchthereof,
risk mayso
penetrate
as
such doesnot existing
interfere
with of
the and evaluatio
so
and
NFA,
long
as activity
or manhole
utility in
usedconnection
withsuch
any Remedy
implementation
structural is
component long
located
any
sump
outside
of
anyoccupied The
structure.
building to
beu
elevations sed
as
referencefor
any
points
be
construction
to in
completed this
with
compliance section
are
involved
in those in
shown 2.
Ahealth
Exhibit
construction
and
maintenan
and
safety shall
plan be
assure of for
developed
persons
workers toallsubsurface
worker laws.
activities
to protection pursuantapplicablesafety
The
(D) Owner
shall notice
written
provide to
the
MDEQ, and
Remediation
Redevelop
would
or
and
Division, an
provideoat to
pportunityand
reviewapproveconstruction
any that
plans
to
DTEGas
interfere
with
theRemedythe Thewritten
Property. notice
with
a
constructioncopy
provided
shall
be least
at
provided 90days to
any
prior activity.
The
(E) Owner
shall with
comply its
due
care
obligationsto
pursuant 20107a
Section of
4
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0445660192
Page 404 of 434
NREPA.
4. Remedial
Interference
with ofActions.
The shall
Owner
is on
activities
prohibit the
Propert
that
mayinterfere
the with element
any
of the or
Remedy
and otherwise
maintenance to
the
contraryAgreement
or measures
other
including
toassure
the operation
performance
effectiveness
and of activities,
the monitoring,
unless to in
necessary
the are
Remedy addressed
Section
per 3(D). Remedy
integrity changes
agreement
5.
onC ontaminated
Soil
in The
Owner
Management.
accordance
the shall all
manage media
soils,
of
Sectionand/or
debris
20120c
of
the
located
the
PartProperty
Hazardous
Wastewith applicable
oftherequirements
Subtitle
Cof Resource
the
NREPA; Ill,
Conservation
and 42Management,
U.S.C.
SectionNREPA;
6901 the rules
administrative
Act,
Recovery
and
all
other
relevant
state
and ets;
laws.
federal
thereunder;
promulgated
6.Access.
The
Owner
shall
and ntDTE
to Gas
access
to Pro
the
the as
rt rovided
in
the
at
andto
Agreement,
reasonable
timesthe
forMDEQ
the its
of designated
and to
enter
representatives
right
the the
condition
of Property
the
the to purpose
take
samples, the monitoring
determiningofthe and,
Remedy groundwat
records
including
right
and
thereto,
relating to
performinspect
operation
actions
any tomaintain
necessary inspect
with
complianceany
201.
Part
7.Ninotice.
interest The
Owner
shall
rovide
notice
tothe
MDEQof
the
Owner's
intent
to
transfer
any Athe
conveyance.
at
least
Property
of fourteen
title,
conveyance
Owner
business
(14)
or
other
easement, days to
prior
interest
in
the the
consummating
shall
Property
for not
be
with
the
consummated
terms
and the
by
conditions
of without
this and
adequate
Restrictive complete
and
Covenant
the provision
compliance
ofSection
20116
of
NREPA.
the Thenotice to
be
requiredm ade
to
the
MDEQapplicable
provisions
under
this shall
Paragraphbe
made
to:
Director,
MDEQ, P.O.
Box30473,
Lansing,
Michigan
of
thisand include
shall
48909-7973; a
Restrictivestatemen
Covenant.
A of
that
the
notice
is
Restrictivemade
being to
itsthe
pursuant requirements
be
shall to when copy
such
this
notice
andto Covenant,
allfuture exhibits,
including MDEQ
peasement
rovided providing
and
transfer
the owners,
the successors,
heirs,
interest. lessees, holders,
assigns,
by transferring
person
8.
theTermandEnforcement
and
shall
be ofRestrictive
on
the This
Covenant.
future and Covenant
Restrictive
all shall
current
and run
future
withProperty binding
easement Owner;
their and owners;
their
authorized or
successors,
lessees,
under
theirholders,
direction
and assigns,
This agents,
Restrictive
control. Covenantemployees,
bem odified
persons
or acting
rescinded
with
thewritten of
MDEQand
DTEGas. mayonly
approval
TheState
ofMichigan, the
through DTE
and
MDEQ, Gas enforce
may the
restrictio
set
this
forth
in Restrictive legal of
Covenant
by in
acourt
action competent
jurisdiction.
If
9.Severability.
any of
this
provision Covenant
Restrictive is
held
to
beinvalid
byany
court
of
competent the ofsuch
invalidity
jurisdiction, shall
provisionnot
affect
the of
validity
and
in any
full
force
other and
all
hereof,
provisions such
other shall
continue
provisions unimpaired
and
effect.
5
MARK
F.
FOF
AIRCHILD
REGISTERLiber:
DEEDS 4184
P AGE:
5of454
Page:
1 3
County
Muskagon 03/27/2019
Michigan
0445669192 09:43
AM
llllMSWWWWWWRMhilIll
Page 405 of 434
10. to
Execute
Restrictive
Covenant
theRestrictive
Authority
is or
hasCovenant.
the The
undersigned
written person
of
the this
executing
Owner
and
the
of as
a Owner,
holder
of
a express
interest
whose permission
interest
be
a ffected
t his City
Restrictiv
Muskegon
Covenantandlegal
certifies
that
he
or
she
is may by
authorized
and
has
been to
empowered
represents
execute
and
deliver
this duly
Restrictive
Covenant.
POF
F.
MARK DEEDS
REGISTER 4184
Liber:
AIRCHILD
P 454
Page:
209:43
6of
AGE: 3 AM
044County
Muskegon
565019293/27/2019
Michigan
MASWIMMWWWWhabillli
Page 406 of 434
has this
caused
WCovenant
IN ITNESS
to
be West
WHEREOF,
on A Dock
his
executed
Restrictive
&Market
tMichigan
day Company
it\
ofMarc,2019.
West Dock
&Market
MichiganCompany
By:Signature
Name:
Print
or Name
Type
its:
Title
OF
MMICHIGAN
STATE
COUNTY
OF USKEGON
& &2b?by
Theforegoinginstrumentwasacknowled
of
West Dock
Michigan aMichigan
&Market of
the
behalf
corporatio
Corporation
Company,
Public
Notary
Name CO7 01<
inMak a county,11'
Commissioned
Commission
My Expires:
a
Drafted
by when
nd
to:
return
recorded
E.
Vincent
Buening
Environmental
TRC Corporation
Place
Eisenhower
1540
Ann MI
Arbor,48108
7
FOF
P.
MARK DEEDS
REGZSTER 4184
Liber:
AIRCHILD
P AGE454
:Page:
109:43
7of 3 AM
County03/27/2019
Michigan
Muskegon
0445650192
AIMYOMERMWWWhilIII
Page 407 of 434
EXHIBIT
1
Legal and of
the
Description
Survey
Property
MARK
F.
FOF
AIRCHILD
Liber:
DEEDS
REGISTER 4184 454
Page:
P83/27/2919
AGE:
8of
109:43
3 All
County
Muskagon
Michigan
0445650192
IllltWMEMAMMBAbillli
Page 408 of 434
PROPERTY
NFADESCRIP'nON
Lot9
That of
part
North, L
16ot
9,B
West,lock
563
ofofthe
Revised
Plat
of1903,SectionTown
19, 10
described
as:
Range
COMMENCING
at the CityM uskegon,
Southernmost Muskegon
corner
ofs aid County,
Block
563;Michigan,
North
thence 40046'05
West
461.33
said
Lot feet the
along
thence line
Easterly
South of
34o28'55"3
West rd
Street
68.24 to
feetthe line
Southeaster
saidline of
tothe
9;line
ofs aid
Lot
9;tthence
North along
40045'05"
West feet
408.08 the
along
Southwesterly
line
ofs
Southwesterly aid
Lot
9to he
PLACE
OF thence
BEGINNING; 28019'0
North
East
480.49
Lots
9and 10
Lot thence
feet;
of North
said 51013'17"
Block West531.47
thence
Northfeet
41o56'01"
Westline
the
along 240between
feet said
moreor
less
to
the of
shore Mto 563;
thence
Lake;
uskegon traveling the
along ordinarywater
high
line
of
M
from
the Lake
uskegon
of a which
point is
South
thence l ocated
North
40045'05" 40o45'05"
East
150.00 West
to
feet 150.00
the feet
of
place
beginning.b eginning; place
6.5
acres
more
orleSS F.
HARKFOF
AIRCHILD
REGISTER Liber:
DEEDS 4184 464
Page:
9of109:43
3 AM
P63/27/2819
AGE:
Couniv
HuskegonRichigan
0449656192
AlllMAl MMIZ55'Whabilil
BRBEAANKKE
R
240'
W
N41*S6'01"
TERRACE
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POINT
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86'
MIDE
OF
RIGHT
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o
BETWEEN
LINE
9&10.,
LOTS
MART
DOCK
PROPERTY /
LOT
9
SHORE
OF
MUSKEGON
LAKE AS-8UILT
SLURRY
WALL
AND
(FUNNEL)
GATE
SEALS
9&10/
LINE
BETWEEN
LOTS
150.00'
N40o45'OS"
W
POINT
OF
0.'\ EASTERLY
LINE,
'I'y6 THIRD
STREET
461.33'
W
N40"46'05"
=200
1"
SCALE: 4/
68.24'
W S
S34*28'55" MOST
CORNER
OUTH
563
BLOCK
c*
FIELD
SURVEY
BY:
M&B BY: SJG Prepared
CHECKED
OFFICE By:
INFo: MOore+Bruggink
2DRAwn
av: MDJcourAcr Consulting
sgreen@mbce.com
in2020 Engineers
Ave.
Monroe
2DATE:
SEPTEMBER NO.:
PROJECT
2018
27. gBGrand 49505
MI
Rapids,
363-9801
023038.4 (616) mailbox@m
Page 409 of 434
2
EXHIBIT
Surface
Ground to
be
Maintained
Elevationon
the
Property
P.
MARK
FOF
REGISTER
DEEDS
County
4184
Liber:
AIRCHILD
P o454
Page:
10
Michigan
Muskegon f3AR
1
AGE:
09:43
93/27/2819
044SS60192
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sy: 83).
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relative fourth
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tracks.
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NOTFS:
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most Alr Pt
Top
EXHIBIT information
1929
is
Notional 587.29
American
coordinate
Survey
the
hyd. signal
walkway
587.89
587.35
Yard
Light
shoreline,
wide Phone
nearest Clean
on
of
Monitor
2 SCALE
IN in topographical
West
Feet.
of Marina.anchor
base,
located
marker
West Pole
Light Bit
Out
WeIt
Riser Curb
vv 125 (NGVD
U.SDatum
systern
in ?
of (under
6.5'
Southerly bolt
musk.
concrete (Lp)
(YL.)(Co)
Conditio
(Pr)
Geodetic
FEET 29).
sEPTEMBER the S. NW side
located
"W(ploque),
Iake) (Mw)
Unit
BuENING
euENING
0.srance
sosoes.oooo
201e information
1983
Survey ),
relotive
most
sosoesoooo.exso2ute.aw, woll
of
bound (Fw)
(AC)
Page 411 of 434
3
EXHIBIT
Extent
of
Dense Phase
Non-Aqueous
Liquid
FOF
F.
MARKDESDS
REGISTER
4184
AIRCHELD
P o454
Page:
Liber:
121
f3AM
AGE:
89:43
92/27/2029
Michigan
044County
Muskegon
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Page 412 of 434
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PHONE
WATER WATER
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SANITARY STORM
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R.O.W.
or
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THEBOXES HYDRAULIC
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POLE
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onouNowATER
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(YL)
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EXTENT
OF201 TABLE
TABLE WELLS WALL
HYDRAULIC
SCREENED
OF EXTRACTION
LIQUID DNAPL
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MAY
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LOCATION
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THE
FEET PIEZOMETER
NON-AQUEOUS
RATED MH-18,
DATED
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DISCHARGE
AND LOCATION
SEALS THE
NORTH SURVE
stra. vAutT AND
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VERTICAL
NATIONAL
AND &UNDERGROUNDMAP
BRUGGI
STATE
BELOW
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PIPING WELLS
LOCATION
TREATMENT NO.
GROUNDWATER
NOTES
TOPOGRAP
NUMBER
LIQUID AND 06-25-1008,
TREATMENT AMERICAN
INC.,
PLANE
GEODETIC
nu-:
A GROUND NUMBER
WELL ANCILLARY DEVELO
INFORMATIO
DATUM
nATF
no: DRAWN
cuscKED WELL IS
OF
IN 023038.
ASSOCIATES,
PROJECT PROJEC
ELECTRICAL,
FROM
EXTRACTION
BY
^PRoven(DNAPL)
ev: SURFACE.
so NUMBER
(UNDERGROUND) NO.
LOCATIONINC.VERTICAL
U.SINFORMAT
NO.:
LOCATION AS 1983
IS
DATED
COORDiNA
STRUCTURESSITE
AN SYSTEM
DATUM
(NAD
DISCHARGE
SURVEYPLAN
023038
OF
WERE SHOWN
SYSTEM
83).
0810105.5A.
IN
EXHIBIT
3 1929
AS-BUILT
FEET,
U.S
MANHOLE,
(NGVD PREPAR
RELATIVE
UNDERGROUND
SURVEYED BY
SEPTEMBER SURVEY
BY TO
29).SURVEY
RELATIVE
D.STEHLE
sosoes.oooo
2018
v.BuENING
v.BuENING
sosoes.oooo.exno2.os.uwu TOTHE
05-30-2
EXISTING
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FEET,
ao -
0
as.e-
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at g
S as Page 413 of 434
Am
FOF
F.
FJAREAIRCHILD
DEEDS 4184
Liber:
P Iof455
Page:
409:43
itGE: for
&Sealed Record
REGISTER
Ituskagon 93/27/2019
Michigan
Count,v All Received
F.F OF
DEEDS
REGISTER
022assetb3 .. MARK sAIRCHILD
Cun 455
WERWWWAMINWSMIslill 83/27/20effic nPage:
Notice
ofRescission
of
LandandResource
Use
Restrictions
This
Notice
of
CountyRescission
of of
Deeds
Register Land
andand/or
Resource
serves
to Use
rescind
theRestrictions
land
and has
resource
use been
(Notice)recorded
with
the
restrictions
theMuskegon
recorded
Declaration
*Liber ofRestrictive
3609,137;
Page Covenants
filed below: imposed
indicated
06/2912004
by previous
*Liber
These 4180,
Page
Declaration
of filed
236, 03/06/2019
Restrictive
were
Covenants
recorded
on located
at
property560
Mart
Street,
Muskegonand
County,
legally in
described1attached
Exhibit hereto
(the Muskegon,
Exhibit
1also
Property). asurvey
provides
of
the that
was
Property
Declaration
of to
the
land
subject
Restrictive and/or
Covenants. resource
use
restrictions
in
the
specified recorded
previously
West Dock
and
Michigan Market
Environmental to
rescind
(MDEQ)
Quality the
land
andreceived
Corporation
(Owner) from
resource
use the
approval
Michigan
restrictions
these
imposed
by of
Department
Declaratio
of
Restrictive
Covenants
and it
with
replaceanother
restrictive
asindicated
covenant, below.
Additional
of land
use
and/or
Restrictiveresource
Covenant use
restrictions
recorded
with
the have
been
Muskegon
County on
ofthe
imposedProperty
Deeds
Registerat 01
Liber9 to
the
pursuaDeclarat
,
Page(s)
The is
associated
Propedy
performedto with
Part
pursuant MichCon/Lakey
Foundry
Environmental
201, ofID
Facility
(Site for
which
61000027)
the
Natural
Remediation, remedial
Resources
and activitie
were
Environment
Protect
1994
Act,PA as
amended
451, MCL
324.20101
(NREPA), et
seq.
the
MDEQ
Signature
byfrom
received the
approvalMDEQtobelow
serves
representative
rescind
the to
indicate
only that
the
person
recorded
land
previously this
Notice
executing
and/or
resource
use has
restrictio
imposed
on
the
Property.
He / Dae
iershott,
Abigail
Grand
Ra ds
and
Supervisor
District
Office
Remediation Division
Redevelopment
of
Environmental
Department
Michigan Quality
STATE
OFMKICHIGAN
COUNTY
OF ENT
The instrument
foregoing
Hendembatt
on was
behalf
of
the before
Michigan me
acknowledged
of '4
Evi
Department nay
me of
Quality. ,2019
by
Abigail
P ature
Itary
Printed
Namb
NotaryState
ofj{,
County ofMt
Public,
1" C&t
Mycin
ommission
expires:
the
ActingCountygywy 147.0(4
ofr}*tAQuW
Page 414 of 434
The this
undersigned
been person
to Notice
is
the
executing
execute
and
record
empowered thisOwner
certifies
and
Notice. that
he
or
she
is authorized
duly and
has
IN
WITNESS
this esaid
Owner
WHEREOF,
of0Otre
day of
the
,019 has
above-described
caused
this
Property to
Notice
be
executed
on
BY:Signature
Name Date
Title
and
Business
Name
STATE
OF
MICHIGAN
COUNTY
OF(4 /1
&ego
The was
instrument
foregoing me
before of<RC2019,
this day
acknowledged
Name Title
and
business
Name
owner
of
the
Property.
Public
Notarf
Signature
Printed
Name
ofState
ofMy
Public,
Notary 6 101
&
County -P')o/1
cin
My theofMr
County
Acting 4rr-
//
ommission
expires:23
sicegon
Prepared
by:
MDEQ-RRD
Johnson,
Nancy
350
GrandN.W.
Ottawa 49503
Rapids,
Michigan
When retum
to:
filed,
Vincent
Buening
TRC
Environmental
1540 Corporation
Place
Eisenhower
Ann
Arbor,48108
Michigan
POF
F.
MARK DERDS 4184
Liber:
AIRCHIL.0
P 456
Page:
4
2of
AGE:
REGISTER
County
Fluskagon API
99:43
83/27/2019
Michigan
0225660193
5W@'dS
All WM PE'WMb11III
Page 415 of 434
1
EXHIBIT
LEGAL OF
DESCRIPTION
AND
SURVEY
PROPERTY
FOF
F.
MARK DEEDS
REGISTER 4184
Liber:
AIRCHILD 455
Page:
3of
409:43
P93/27/2019
AGE:
Michigan
County
Muskagow
0225669193 AM
AllBMW##WWWWHMill
Page 416 of 434
PROPERTY
DESCRIP110N
NFA9
Lot
That of
part
North,
RangeL
16ot
9,
W BCity
lock
563
est,of
Mof
the Plat
Revisedof
1903,
Muskegon
uskegon,County, Town
Section
19, 10
described
Michigan,as:
t
COMMENCING
at he
Southernmosts
corner
of aid
Block thence
563; 40046'05"
Northline
West
461.33
said
Lot feet
9;tof the
along
South
hence
s
3
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Page 417 of 434
Exhibit L
Option Agreement Neighboring Property
24
Page 418 of 434
REAL ESTATE OPTION AND SALE AGREEMENT
THIS REAL ESTATE OPTION AND SALE AGREEMENT (“Agreement”) has been
made as of November 26, 2025 (“Effective Date”), by and between VERPLANK DOCK CO., a
Michigan corporation, of 705 West Second Street, PO Box 8, Ferrysburg, Michigan 49409
(“Seller”), and WEST MICHIGAN DOCK & MARKET CORPORATION, a Michigan
corporation, of 560 Mart Street, Muskegon, Michigan 49440 (“Buyer”). Seller and Buyer shall
each be referred to as a “Party” or collectively be referred to herein as the “Parties. “
Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, on the terms and
subject to the conditions set forth in this Agreement, that parcel of real estate commonly known as
205 East Western Avenue, City of Muskegon, Muskegon County, Michigan, and more particularly
described on Exhibit A attached to this Agreement, together with all improvements, fixtures,
easements, hereditaments and appurtenances (including not more than two division rights which
shall be conveyed without warranty) associated with that real estate with the riparian rights to be
determined as provided in this Agreement (collectively, “Property”). The purchase and sale
transaction provided for in this Agreement is sometimes referred to as the “Purchase.”
1. Purchase Price; Earnest Money. The purchase price for the Property shall be Five
Million Dollars ($5,000,000.00) (“Purchase Price”) to be paid at Closing (as defined below) by
bank money order, cashier’s check, or wire transfer of immediately available funds. Buyer shall
pay Seller Two Hundred Thousand Dollars ($200,000.00) earnest money (“Earnest Money”)
within 10 days of the Effective Date, which shall be credited against the Purchase Price at Closing
(defined below) or otherwise applied as provided in this Agreement. If Buyer does not timely make
such Earnest Money deposit, Seller may exercise the Termination Remedy (defined below).
2. Seller’s Retained Rights.
(a) Use Restriction.
(i) The Property shall not be used for aggregate dock purposes. Without
limiting the foregoing, and except for those uses described in 2(a)(iv) below, the Property
shall not be used for: lading, unlading, loading, offloading, shipping, transportation,
storage or handling of bulk aggregates, including, but not limited to, limestone, dolomite,
slag, trap rock, natural stone, and salt. The foregoing sentences are the “Use Restriction”.
(ii) The Use Restriction shall be set forth in the Warranty Deed, shall burden
the Property, and shall benefit tax parcels 61-23-168-004-0002-10, 61-24-117-300-0001-
00, 61-24-205-546-0001-00, 61-24-205-552-0001-10, 61-24-205-552-0001-00, 61-24-
205-553-0001-20, and 61-24-205-596-0008-20 (collectively, the “Benefitted Property”).
The Use Restriction shall run with the land. The Use Restriction may be enforced by any
owner or occupant of any of the Benefitted Property, as described in 2(a)(iii) immediately
below.
Page 419 of 434
(iii) The Use Restriction shall last for 40 years from the date of Closing and shall
continue thereafter until such time that no activity prohibited by the Use Restriction has
occurred on any portion of any Benefitted Property for more than 365 continuous days.
(iv) Seller agrees that (i) the export of natural sands handled by Buyer or a Buyer
Affiliate in the 30 mesh to 200 mesh size range does not violate the Use Restriction, and/or
(ii) the import of any bulk aggregates by Buyer or a Buyer Affiliate for use on a
development project majority owned by Buyer or a Buyer Affiliate does not violate the
Use Restriction. “Buyer Affiliate” means: any entity or trust affiliated with or controlled
by Buyer; any entity or trust affiliated with or controlled by any person who is a
shareholder, member, director, officer, owner, employee or agent of Buyer or by any
person who is a Close Relative of a shareholder, member, director, officer, owner,
employee or agent of Buyer; any person who is a shareholder, member, director, officer,
owner, employee or agent of Buyer or a Close Relative of a shareholder, member, director,
officer, owner, employee or agent of Buyer. “Close Relative” means a: spouse, parent,
child, or grandchild.
3. Seller’s Specific Contingency. Seller’s obligations under this Agreement are
contingent on Seller prior to Closing being satisfied in its sole discretion as to the bottomland,
riparian, and littoral rights to be included in the Property, the Parties recognizing that Seller does
not intend to include in the Property any bottomland, riparian, or littoral rights that Seller may
deem necessary or convenient, in its sole discretion, for current or anticipated operations on any
of the Benefitted Property.
4. Buyer’s Specific Contingencies. Buyer’s obligations under this Agreement are
contingent on Buyer prior to Closing being satisfied:
(a) Riparian Rights. As to the bottomland, riparian, and littoral rights to be included
in the Property, the Parties recognizing that Seller does not intend to include in the Property any
bottomland, riparian, or littoral rights that Seller may deem reasonably necessary or convenient,
for current or anticipated operations on any of the Benefitted Property.
(b) Zoning Prospects. In its reasonable discretion with its investigation of zoning
approvals that may be needed for Buyer’s proposed use.
5. Title. As evidence of Seller’s title to the Property, Seller has, at Seller’s expense,
furnished Buyer with a commitment dated July 11, 2025, at 8:00 a.m. (“Title Commitment”) from
First American Title Insurance Company (“Title Company”) issued by Transnation Title Agency
of Michigan Grand Rapids Division, 921 North Division, Grand Rapids, Michigan 49503 (“Title
Agent”). Buyer acknowledges and agrees that the Title Commitment shows that Seller has good
and marketable title to the Property. Buyer agrees to take title to the Property subject to: Seller’s
Retained Rights set out in Section 2, above, all of which shall survive Closing; easements,
restrictions, interests and reservations of record; taxes and assessments not yet due and payable;
all laws, regulations, codes, and ordinances, including, but not limited to, zoning ordinances and
building codes; any matters that would be shown by an accurate land title survey prepared in
accordance with the latest standards approved by the American Land Title Association and the
2
Page 420 of 434
National Society of Professional Surveyors (“ALTA/NSPS”); and any matters shown on the
Survey (defined below) (collectively, the “Permitted Exceptions”). Seller agrees to convey good
and marketable title to the Property to Buyer by a warranty deed (“Deed”) subject to the Permitted
Exceptions. If the Title Agent issues an updated Title Commitment that shows additional
exceptions to title, Buyer shall have ten (10) business days after receipt of same to object in writing
to Seller of any additional exception shown on such updated Title Commitment. If Buyer gives
Seller timely written notice of its objections, then the Seller shall, in its sole discretion, have thirty
(30) days from receipt of the notice to remedy the defect, during which time the Closing shall be
delayed as necessary. If Seller, in its sole discretion, is unable or unwilling to remedy the objections
within the specified time then Buyer may waive its objection and proceed to Closing in which case
such exceptions shall be deemed Permitted Exceptions, or Buyer, as Buyer’s sole remedy for
Seller’s refusal or inability to remedy the title objection, may exercise Buyer’s Termination
Remedy. “Termination Remedy” means that the party entitled to the remedy may terminate this
Agreement by notice to the other party, in which case neither party shall have any further liability
to the other under this Agreement except under provisions of this Agreement that specifically
survive its termination and the Earnest Money shall be returned to Buyer (unless otherwise
provided in this Agreement).
6. Survey.
(a) Obtaining Survey. Prior to the Option Date (defined below), Buyer shall obtain
and provide to Seller a survey of the Property, all improvements to the Property, any easements or
rights of way affecting or benefiting the Property, any encroachments across the boundaries of the
Property, the bottomland, riparian and littoral rights to be included with the Property (subject to
the approval by Seller and Buyer as provided above) (“Survey”). The Survey shall be performed
at Buyer’s expense. The Survey shall be performed in accordance with the current standards for
an ALTA/NSPS Land Title Survey, and include a survey of the riparian rights, and shall be
certified to Seller, Buyer, and the Title Company.
(b) Buyer’s Survey Contingency. Buyer has to approve or object to any matter
disclosed on the Survey. Buyer will be deemed to have waived any objection if not made in writing
no less than sixty (60) days prior to the Option Date and all matters shown on the Survey shall be
deemed Permitted Exceptions. If Buyer gives Seller timely written notice of its objections, then
the Seller shall, in its sole discretion, have thirty (30) days from receipt of the notice to remedy the
defect, during which time the Closing shall be delayed as necessary. If Seller, in its sole discretion,
is unable or unwilling to remedy the objections within the specified time then Buyer may waive
its objection and proceed to Closing in which case such exceptions shall be deemed Permitted
Exceptions, or Buyer, as Buyer’s sole remedy for Seller’s refusal or inability to remedy the title
objection, may exercise Buyer’s Termination Remedy. For purposes of clarification, this
contingency is in addition to the bottomland, riparian and littoral rights contingency that each Party
has as set forth in Sections 3 and 4, above.
7. General Inspections.
(a) Obtaining Inspections. Buyer and its agents may, at Buyer’s expense, conduct
general inspections or inquiries. Buyer acknowledges that the Property may require repairs or
3
Page 421 of 434
maintenance and Buyer agrees to accept the Property in its present “AS IS” condition, with no
warranties concerning its condition or permitted use. All inspections and tests performed on the
Property by Buyer or Buyer’s agents shall be conducted in compliance with all federal, state, and
local laws, orders, regulations, and ordinances. Buyer and its agents shall provide Seller with
certificates of commercial general liability insurance acceptable to Seller in its reasonable
discretion before Buyer or its agents access the Property.
(b) Buyer’s Inspection Contingency. Buyer has to approve or object to any matter
disclosed through Buyer’s general inspections or inquiries. Buyer will be deemed to have waived
any objection if not made in writing the earlier of the date Buyer exercises its option to purchase
under this Agreement or sixty (60) days prior to the Option Date. If Buyer gives Seller timely
written notice of its objections, then the Seller shall, in its sole discretion, have thirty (30) days
from receipt of the notice to remedy the objection, during which time the Closing shall be delayed
as necessary. If Seller, in its sole discretion, is unable or unwilling to cure the objection, then
Buyer may proceed to Closing and take title to the Property subject to the objection, in which case
the objection shall be considered to have been waived by Buyer, or Buyer, as Buyer’s sole remedy,
may terminate this Agreement, in which case the Termination Remedy shall apply.
8. Notice of Transfer of a Facility; Environmental Matters.
(a) Buyer acknowledges that Seller has advised Buyer pursuant to MCL 324.20116(1)
that Seller has knowledge or information or is on notice through a recorded instrument that the
Property is a “facility” within the meaning of MCL 324.20101(o). The general nature of the
hazardous substances present on the Property is documented in the Baseline Environmental
Assessment (“BEA”) for the Property dated December 9, 1999, by Abonmarche Environmental,
Inc., which Buyer acknowledges having received.
(b) Prior to the Option Date (defined below), Buyer may, at its expense, conduct an
environmental assessment of the Property in one or more phases, including the procurement and
analysis of samples of soil, groundwater, indoor air, or any other environmental medium, and any
building component or other material located at the Premises. The entire environmental
assessment, including the generation of any reports or follow-up procedures, shall be completed
within the time period noted at the beginning of this subsection. Seller shall provide reasonable
access and information to Buyer and otherwise reasonably cooperate with Buyer in the
environmental assessment. Buyer shall provide copies of all environmental assessment reports
and related data it receives to Seller within forty-eight (48) hours of its receipt. Buyer shall have
the right to interview representatives of Seller who have knowledge of conditions and events
relevant to the operating history or environmental condition of the Property. If the environmental
assessment confirms that the Property is a “facility” within the meaning of Part 201 of the
Michigan Natural Resources and Environmental Protection Act, MCL 324.20101 et seq. (“Part
201”), Buyer may, at Buyer’s expense and with Seller’s prior written approval, prepare and submit
to the Michigan Department of Environment, Great Lakes and Energy (“EGLE”) its own BEA for
the Property pursuant to Section 26 of Part 201, MCL 324.20126. Upon receiving Seller’s written
approval to prepare and submit the BEA, Buyer shall be absolutely obligated to close the Purchase.
Buyer shall not submit the BEA to EGLE until after the Closing. Before submitting, Buyer shall
prepare a draft BEA for Seller’s review and shall incorporate any Seller comments or suggested
4
Page 422 of 434
revisions to the BEA before submittal. If any environmental condition is disclosed by the
environmental assessment, then, as Buyer’s sole remedy, Buyer shall have five (5) days from the
date it receives the disclosure to terminate this Agreement, in which case the Termination Remedy
shall apply. If Buyer shall fail to complete any environmental investigations or terminate this
Agreement within the time periods provided, Buyer shall be considered to have waived any
objection to the environmental condition of the Property.
(c) Buyer acknowledges that Buyer has had or will have the opportunity to investigate
all matters of interest pertinent to the Property, including, without limitation, its environmental
condition and history. Buyer shall bear all responsibility and liability that is or may be asserted,
claimed or determined in respect of the Property after the Closing from any cause, regardless of
whether the responsibility and liability arose or might have arisen, or was or might have been
caused by acts or omissions occurring, before Closing. Buyer hereby releases Seller from all
responsibility, claims, obligations, and liability arising from or associated with (i) the presence or
release of any hazardous substance or solid or hazardous waste (as those terms are defined in
applicable federal and state environmental protection laws and regulations, including, without
limitation, petroleum and its derivatives, polychlorinated biphenyls, radon gas, urea formaldehyde
foam insulation, per and polyfluoroalkyl substances, and asbestos) relating to the Property; and
(ii) any environmental matters associated with or arising from the condition or use of the Property
prior to, on or after the Closing. This release shall survive the Closing indefinitely.
9. Buyer’s Representations and Warranties. Buyer represents and warrants to
Seller that: Buyer has all necessary power and authority to enter into and perform this Agreement;
Buyer has taken all necessary action to approve, execute, deliver, and perform this Agreement,
and this Agreement is the valid and binding obligation of Buyer, enforceable against Buyer in
accordance with its terms; and no judgment is outstanding against Buyer 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 Buyer, threatened, that has the
stated purpose or the probable effect of enjoining or preventing the Closing.
10. Seller’s Representations and Warranties. Seller represents and warrants to
Buyer that: Seller has all necessary power and authority to enter into and perform this Agreement;
Seller has taken all necessary action to approve, execute, deliver, and perform this Agreement, and
this Agreement is the valid and binding obligation of Seller, enforceable against Seller in
accordance with its terms; and no judgment is outstanding against Seller 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 Seller, threatened, that has the
stated purpose or the probable effect of enjoining or preventing the Closing.
5
Page 423 of 434
11. Buyer’s Exercise of Option and Closing.
(a) Buyer shall have until December 31, 2027 (the “Option Date”), to exercise its
option to purchase the Property on the terms contained in this Agreement by giving written notice
to Seller.
(b) The closing (“Closing”) shall take place on a date (“Closing Date”) specified by
Seller on at least seven (7) days’ advance notice, but no later than thirty (30) days after the date
Buyer has exercised its option to purchase the Property, via a deed and money escrow with the
Title Agent. At Closing: (a) Seller shall execute and deliver to Buyer the Deed for the Property,
which shall be subject to Permitted Exceptions; (b) Seller shall pay the real estate transfer taxes
and the premium for the owner’s title insurance policy; (c) Buyer shall pay to Seller the Purchase
Price as provided in Section 1, above, pay the recording fee for the Deed, and pay the cost of any
title insurance policy endorsements issued by the Title Company; and (d) each Party shall sign and
deliver a closing statement setting forth the transaction, and all other documents that may be
reasonably necessary to evidence the transaction. Each party shall be responsible for its own
attorney fees and shall share equally any closing fee charged by the Title Agent.
12. Possession. Buyer shall have possession of the Property immediately following
Closing, subject to the Permitted Exceptions.
13. Taxes and Assessments. Seller shall pay all real estate property taxes and
installments of special assessments with respect to the Property that first become due and payable
(or in the case of special assessments, a lien on the Property) on or before the Closing Date,
prorated as provided below. Taxes and assessments shall be prorated to the Closing Date on a
calendar year basis for the twelve (12) month period constituting the year in which they first are
billed and become due and payable. Buyer shall be responsible for all other taxes and assessments,
including, without limitation, deferred installments not yet payable of special assessments that are
a lien on the Property.
14. Option Fee. If Buyer has not duly exercised the option to purchase the Property by
the Option Date, then the Termination Remedy shall automatically apply except that the Earnest
Money shall be retained by the Seller upon such termination as a fee for the option.
15. Seller Termination Right. If Buyer has not duly exercised its option to purchase
the Property by October 15, 2027, then any time on or before the Option Date Seller may by written
notice to Buyer terminate this Agreement and the Termination Remedy shall apply.
6
Page 424 of 434
16. Default by Seller or Buyer.
(a) Seller Default. If Buyer duly exercises the option to purchase by the Option Date
and Seller, after notice and opportunity to cure, defaults on Seller’s obligations to close under this
Agreement then Buyer may either (i) sue for specific performance, or (ii) exercise the Termination
Remedy.
(b) Buyer Default. If Buyer duly exercises the option to purchase by the Option Date
and Buyer, after notice and opportunity to cure, defaults on Buyer’s obligation to close under this
Agreement, then Seller may either (i) sue for specific performance, or (ii) exercise the Termination
Remedy except that the Earnest Money shall be retained by the Seller upon such termination.
(c) Except for Seller’s right to seek damages under any indemnification, responsibility
or release provision contained in this Agreement, each Party hereby waives and releases all other
rights and remedies it may have relative to default of the other Party, including, but not limited to,
the right to seek damages.
17. Assignment to the City of Muskegon or the County of Muskegon as Buyer /
Simultaneous Closings. The Seller hereby authorizes the Buyer to complete the Closing on the
purchase of the Property in two simultaneous Closings, made up of two properly surveyed and
duly approved sub-parcels, so long as the Closing of the purchase encompasses the entire Property.
So long as Buyer duly and timely exercises its option to purchase under this Agreement and
remains primarily liable under this Agreement, the Seller authorizes the Buyer to assign the
purchase of one or both sub-parcels constituting the entire Property, under the same terms and
conditions contained in this Agreement, to either the City of Muskegon and/or Muskegon County.
The Seller shall have no additional costs if the Buyer shall choose to close under multiple sub-
parcels and transactions and Buyer shall promptly reimburse Seller, no later than Closing, for all
such costs incurred by Seller.
18. Condemnation; Fire; Other Casualty. Seller shall promptly notify Buyer of any
impending or actual condemnation proceedings against the Property or any portion of the Property
of which Seller has actual notice or any fire or other casualty to the Property. Following any one
of these events, Buyer shall take the Property at Closing in its then-current condition and shall be
entitled to receive all of the condemnation or insurance proceeds attributable to the Property
payable as a result of the condemnation or damage.
19. Brokers. Each party agrees and represents to the other that no broker is involved
in this transaction who is entitled to a commission.
20. Miscellaneous.
(a) This Agreement embodies the entire agreement and understanding between the
parties to this Agreement with respect to the subject matter of this Agreement and supersede all
prior oral or written agreements and understandings relating to the subject matter of this
Agreement. No statement, representation, warranty, covenant or agreement of any kind not
7
Page 425 of 434
expressly set forth in this Agreement shall affect, or be used to interpret, change or restrict, the
express terms and provisions of this Agreement.
(b) Each party to this Agreement acknowledges and agrees that: (i) such party and the
party’s counsel have reviewed and negotiated, or have had the opportunity to review and negotiate,
the terms and provisions of this Agreement and have contributed to its review and revision; (ii) any
rule of construction to the effect that any ambiguities are resolved against the drafting party shall
not be used to interpret this Agreement; and (iii) the terms and provisions of this Agreement shall
be construed fairly as to all parties to this Agreement and not in favor of or against any party,
regardless of which party was generally responsible for the preparation of this Agreement.
(c) This Agreement shall bind and benefit Seller and Buyer and their respective
successors and assigns.
(d) Time is of the essence of this Agreement.
(e) If the date for Closing, for the delivery of a document, or for giving of a notice falls
on a Saturday, Sunday, or bank holiday, then it shall be automatically deferred to the next day that
is not a Saturday, Sunday, or bank holiday.
(f) All notices, requests, consents and other communications required by this
Agreement must be in writing and shall be delivered to Seller and Buyer at their respective
addresses set forth above, or at another place designated by like notice to one another. Personal
delivery or mailing of a notice by certified mail, postage prepaid, shall be sufficient notice. Notice
shall be effective upon receipt, if personally delivered, or upon mailing, if mailed.
(g) Nothing in this Agreement shall be construed to create any rights or obligations
except between the parties to this Agreement, and no person or entity shall be regarded as a third-
party beneficiary of this Agreement.
(h) The terms and provisions of this Agreement may be waived, or consent for the
departure from the terms and provisions may be granted, only by written document executed by
the parties. No waiver or consent shall be deemed to be or shall constitute a waiver or consent
with respect to any other terms or provisions of this Agreement, whether or not similar. Each
waiver or consent shall be effective only in the specific instance and for the purpose for which it
was given, and shall not constitute a continuing waiver or consent.
(i) This Agreement and the rights and obligations of the parties under this Agreement
shall be governed and interpreted by Michigan law, without giving effect to the conflict of law
principles of the state of Michigan.
(j) In the event that any court of competent jurisdiction shall determine that any
provision, or any portion of a provision, contained in this Agreement shall be unenforceable in any
respect, then the provision shall be deemed limited to the extent that the court deems it enforceable,
and as so limited shall remain in full force and effect. In the event that the court shall deem any
8
Page 426 of 434
provision, or portion of any provision, wholly unenforceable, the remaining provisions of this
Agreement shall nevertheless remain in full force and effect.
(k) The headings and captions of the various subdivisions of this Agreement are for
convenience of reference only and shall in no way modify or affect the meaning or construction of
any of the terms or provisions of this Agreement.
(l) Except as otherwise specifically set forth in this Agreement, each party shall pay
the party’s respective fees and expenses (including the fees of any attorneys, accountants,
appraisers or others engaged by the party) in connection with the preparation or enforcement of,
or of any requests for consents or waivers under, this Agreement, including any amendments or
waivers to this Agreement.
(m) This Agreement may be signed in one or more counterparts, and by different parties
to this Agreement on separate counterparts, each of which shall be deemed an original, but all of
which together shall constitute one and the same document. Faxed signatures, or scanned and
electronically transmitted signatures, on this Agreement or any notice delivered pursuant to this
Agreement, shall be deemed to have the same legal effect as original signatures.
(n) No party shall issue any press release or otherwise make any public statement with
respect to the transactions contemplated by this Agreement without prior written notice to the other
party, except as may be required by law.
(o) In the event of a dispute arising out of this Agreement, the prevailing party will be
entitled to actual attorney fees and costs.
(p) Notwithstanding any other provision of this Agreement, other than those rights
afforded in Section 17, Buyer shall not be permitted to assign its interest hereunder, in whole or in
part, without Seller’s consent, which consent Seller may withhold in its sole and absolute
discretion for any or no reason.
{signatures on following page}
9
Page 427 of 434
Seller and Buyer have signed or caused this Real Estate Option and Sale Agreement to be
signed by their duly authorized representatives as of the Effective Date.
SELLER: BUYER:
VERLANK DOCK CO. WEST MICHIGAN DOCK & MARKET
CORPORATION
By: By:
Ron Matthews, CEO Max McKee, President
29192320-14
Page 428 of 434
Exhibit A
Property
A parcel of land in the Southwest 1/4 of Section 17, the Southeast 1/4 of Section 18, the Northeast
1/4 of Section 19 and the Northwest 1/4 of Section 20, all in Township 10 North, Range 16 West,
City of Muskegon, Muskegon County, Michigan, said parcel of land containing all or parts of
Blocks 547, 548, 549 and 551 of the Revised Plat (of 1903) of the City of Muskegon and other
land, said parcel of land being more specifically described as follows: Commence at the point
where the center line of Giddings Avenue intersects the East line of Ottawa Street; thence Westerly
along said center line of Giddings Avenue extended to the Westerly line of Western Avenue;
thence North 22 degrees 50 minutes East along said Westerly line of Western Avenue, 50.00 feet;
thence North 67 degrees 10 minutes West along the Northerly line of property sold to the City of
Muskegon by Consumers Power Company (Warranty Deed dated May 11, 1944), 200.00 feet to
the place of beginning of this description; thence North 10 degrees East along the Westerly line of
property now or formerly owned by the Pere Marquette Railway Company, 600.00 feet to a point,
said point hereinafter referred to as Point "A"; thence continuing North 10 degrees East along said
railroad property line, 2335.33 feet to an iron rod near the Southerly bank of the Muskegon River;
thence continuing North 10 degrees East to the thread of said river; thence Westerly and
Southwesterly along said thread to the Easterly shore of Muskegon Lake extended; thence
Southerly along said shore as extended and said shore to a point North 80 degrees West of Point
"A"; thence South 80 degrees East to an iron rod near the Easterly shore of Muskegon Lake; thence
continuing South 80 degrees East along the North line of property sold to the City of Muskegon
by Consumers Power Company (Warranty Deed dated May 11, 1944), 1289.21 feet to the Easterly
line of said property sold to the City of Muskegon by Consumers Power Company; thence South
10 degrees West along said Easterly line, 600.00 feet; thence South 80 degrees East 50.00 feet to
the place of beginning. (Bearings are based on the Westerly line of Western line of Western
Avenue assumed as North 22 degrees 50 minutes East.)
Together with the right of ingress and egress on, over and across the existing driveway extending
Westerly and Northerly from East Western Avenue upon the Southerly 140 feet of the land sold
to the City of Muskegon by Consumers Power Company (Warranty Deed dated May 11, 1944) to
the Southerly line of property sold to CMS Shoreside Resort Co., by Consumers Power Company
by Quit Claim Deed dated July 28, 1989 and recorded August 11, 1989 in Liber 1485, Page 654,
Muskegon County Records.
EXCEPT: That part of Section 17 and 20, Town 10 North, Range 16 West, City of Muskegon and
part of Blocks 549 and 551, Revised Plat of (1903) of the City of Muskegon, described as:
Beginning at a point on the Westerly line of the CSX Railroad right of way which is South 09
degrees 36 minutes 47 seconds West along the Westerly line of the CSX Railroad 1229.71 feet
and North 78 degrees 28 minutes 13 seconds West 135.00 feet from the intersection of the
Southwesterly line of M-120 Causeway and the Westerly line of the CSX Railroad right of way;
thence South 09 degrees 28 minutes 05 seconds West along said Westerly line 3004.77 feet; thence
North 80 degrees 31 minutes 55 seconds West 16.00 feet; thence North 09 degrees 28 minutes 05
seconds East 3005.35 feet; thence South 78 degrees 28 minutes 13 seconds East 16.01 feet to the
point of beginning.
Page 429 of 434
Exhibit M
Assignment Agreement for
Option Agreement Neighboring Property
25
Page 430 of 434
ASSIGNMENT AND CALL OPTION AGREEMENT
THIS ASSIGNMENT AND CALL OPTION AGREEMENT (this “Agreement”) is made as of
December 9, 2025, between the City of Muskegon, a Michigan municipal corporation ("City"),
and West Michigan Dock & Market Corporation, a Michigan corporation ("WMD"). City and
WMD are sometimes individually referenced as a "Party" and collectively referenced as "Parties"
in this Agreement.
A. WMD has entered into that certain Real Estate Option and Sale Agreement with Verplank
Dock Co. (“Seller”), dated December ___, 2025 (the “Option Agreement,” attached as
Exhibit A), for the purchase of the real property located at 205 E. Western Avenue,
Muskegon, MI 49442 (Parcel No. 61-24-117-300-0004-00) (the “Property”).
B. The Option Agreement grants WMD the right to exercise an option to purchase the
Property on the terms set forth in the Option Agreement, with such option to be exercised
no later than December 31, 2027 (the “Option”), by delivering written notice to Seller.
C. The Parties have also entered into a Lease Agreement dated December 9, 2025, for the real
property commonly known as 501 E. Western Ave., Muskegon, MI 4940 (the
“Campground Lease”).
D. WMD desires to provide a call option to the City to allow the City to cause WMD to
exercise WMD’s Option within the Option Agreement and further assign to the City the
right to purchase the Property after having exercised the Option, under the same terms and
conditions included in the Option Agreement and the City is willing to accept such
assignment upon utilizing the City’s call option (the “Call Option”).
E. Seller consents to this Assignment.
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are
hereby mutually acknowledged, WMD and City agree as follows:
1. Shared Due Diligence Period Prior to Call Option. The Parties agree to
cooperate in performing the necessary due diligence afforded to the Buyer in the
Option Agreement. Starting upon the Effective Date until July 1, 2027, (the “Due
Diligence Period”) each party shall provide written notice to the other whether the
party is satisfied with due diligence and willing to proceed to complete the purchase
contemplated in the Option (the “Notice of Satisfaction”). The Parties agree to
split the cost of due diligence equally until such time one party or the other notifies
the other in writing it is dissatisfied with the due diligence information and wishes
to discontinue due diligence efforts. All due diligence costs incurred prior to such
notice to discontinue due diligence will be shared equally. The Parties must
mutually agree to any due diligence costs before they are incurred. If no agreement
is reached, the Party may proceed at its own expense. If during the Due Diligence
Period each party has delivered the other a written Notice of Satisfaction, (“Mutual
Page 431 of 434
Satisfaction”) the parties may cause WMD to proceed to exercise the Option as
provided in Section 5.
2. Call Option. If the Parties have reached Mutual Satisfaction as defined above in
Section 1, WMD shall provide to the City the right to unilaterally proceed to
directly close on the purchase of the Property as contemplated below in Section 5.
3. Assignment upon Exercise of Call Option delivered to WMD by City. Subject
to the terms included in Section 17 of the Option Agreement, WMD hereby assigns
and conveys to the City, and the City hereby accepts and assumes from WMD, those
rights, title, interests, obligations and liabilities associated with closing on the
purchase of the Property as required after WMD exercises the Option outlined in
the Option Agreement.
4. Terms of Option Agreement upon City delivering Exercise of Call Option to
WMD. The terms of the Option Agreement are incorporated herein by this
reference and are not superseded hereby, unless specified herein, but shall remain
in full force and effect to the full extent provided therein. In the event of any conflict
or inconsistency between the terms of the Option Agreement and the terms hereof,
the terms of the Option Agreement shall govern. Upon WMD’s exercise of the
Option, following Mutual Satisfaction, the Parties shall consider Buyer’s Inspection
Contingency to be satisfied. This Assignment is intended to reduce the rights and
obligations of the parties under the Option Agreement to those rights and
obligations remaining after the Option for the Property has been exercised.
5. Exercising the Option. Notwithstanding the foregoing, the Parties may mutually
agree to have WMD exercise the Option any time until December 31, 2027. Upon
WMD’s exercise of the Option, WMD shall assign and convey to the City those
rights, title, interests, obligations and liabilities associated with closing on the
purchase of the Property. WMD shall deliver at closing (i) the funds for that portion
of the purchase price allocable to the 32 acres of the Property that will be utilized
by WMD (the “Additional Funds,” attached as Exhibit C) as further described in
the Campground Lease (the "Additional Leased Parcel"), with such allocation to
be calculated on a pro rata per-acre basis; (ii) Second Rent Payment (as defined in
the Campground Lease); and (iii) the portion of the purchase price allocable to
difference between the pro rata per-acre price for the Conversion Property (as
defined below), provided that the per-acre price for the Conversion Property
exceeds the per-acre price WMD paid for the FL Campground Property (as defined
in the Development Agreement between the Parties dated the same). At closing the
Parties shall add the Additional Leased Property to the Campground Lease. Further,
WMD shall have the right, exercisable in its sole discretion, to elect to have the
Additional Leased Parcel added to the Campground Lease, pursuant to the terms
set forth in the Campground Lease. If any or all of the Additional Leased Property
is conveyed to the City in a manner other than the Assignment described above,
upon payment to the City, WMD may elect to incorporate the Additional Lease
Page 432 of 434
Parcel into the Campground Lease, with such payment allocation to be calculated
based on the City’s purchase price on a pro rata per-acre basis.
Until October 1, 2027, only upon having reached Mutual Satisfaction as described
in Section 1, the City may exercise the Call Option requiring WMD to exercise its
Option in the Option Agreement. If the City exercises the Call Option in this way,
the Property shall be directly conveyed from Seller to the City. If the City exercises
the Call Option, WMD shall not be required to pay (i) the Additional Funds (as
defined below);(ii) the Second Rent Payment (as defined in Campground Lease);
and (iii) the portion of the purchase price allocable to difference between the pro
rata per-acre price for the Conversion Property (as defined below), if the per-acre
price for the Conversion Property exceeds the per-acre price WMD paid for the FL
Campground Property until WMD elects to add the Additional Leased Parcel (as
defined below) to the Campground Lease (the “Election”). WMD shall provide
written notice of the Election to the City. The Election shall be effective only upon
WMD’s simultaneous payment of the Additional Funds and the Second Rent
Payment to the City.
At any time after October 1, 2027, if the City has not exercised the Call Option and
the Parties have reached Mutual Satisfaction as described in Section 1, WMD shall
have the right to exercise the Option and close on the Property. If WMD closes on
the Property in this way, the Property shall be directly conveyed from Seller to the
City, and the Parties shall add the Property to the Campground Lease. If the
Property is conveyed in this way, the City shall have an option to remove an
estimated 25-acre portion of the Property (the “Conversion Property,” attached as
Exhibit B) from the Campground Lease upon written notice to WMD, such option
to be exercised within five years from the date of the date of WMD’s closing on the
Property (the “City Option”) with a simultaneous payment of a termination fee
(the “Termination Fee”). The Termination Fee shall be equal to the purchase price
allocable to the Conversion Property, calculated on a pro rata per-acre basis,
provided that the calculated purchase price allocable to the Conversion Property
shall not exceed the per-acre price paid by WMD for the FL Campground Property.
and less the value of the Second Rent Payment. If WMD closes on the Property
unilaterally, the Additional Funds (as defined below) and the Second Rent Payment
shall be considered paid in full. The Conversion Property is excluded from the
WMD Option (as defined in the Campground Lease).
6. Earnest Money. WMD has made a Two Hundred Thousand and 00/100 Dollar
($200,000.00) Earnest Money Deposit (the “Earnest Money”) with Seller as a
requirement of the Option Agreement. If the Option is exercised as provided in
Section 5 of this Agreement, the Earnest Money shall be applied to the Additional
Funds owed by WMD to City.
7. Further Assurances. WMD shall promptly execute and deliver to City any
additional instrument or other document which City reasonably requests to
evidence or better effect this Agreement or to fully carry out the intent and purpose
Page 433 of 434
of this Agreement and the Option Agreement, and to facilitate any necessary actions
related to the exercise of the Call Option.
8. Governing Law. This Agreement shall be interpreted and enforced pursuant to the
laws of the State of Michigan.
9. Successors and Assigns. This Agreement shall be binding on and inure to the
benefit of WMD and City and their respective successors and assigns.
10. Counterparts. This Agreement may be executed in any number of counterparts,
each of which when so executed and delivered shall be deemed an original for all
purposes, and all such counterparts shall together constitute but one and the same
instrument. This Agreement may be executed and/or delivered by facsimile, email,
or other means of electronic signature or transmission, and any such electronic
execution and/or electronic delivery of a signed counterpart of this Agreement shall
be deemed to have the same legal effect as delivery of an original signed copy of
this Agreement.
11. Amendments and Modifications. This Agreement may not be amended or
modified in any manner other than by a written agreement signed by the party to be
charged.
The parties have executed this Agreement to be effective as of the last date set forth below (the
“Effective Date”).
City – City of Muskegon WMD – West Michigan Dock & Market
Corporation
By: _________________________________ By: _________________________________
Name: Kenneth Johnson Name: Max B. McKee
Title: Mayor Title: President
Date: _________________, 2025 Date: _______________, 2025
Seller – Verplank Dock Co.
By: _________________________________
Name: Ann Meisch
Title: City Clerk By: _________________________________
Date: _________________, 2025 Name:
Title:
Date: _______________, 2025
Page 434 of 434
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