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CITY OF MUSKEGON
LAKESIDE BUSINESS IMPROVEMENT DISTRICT
CORRIDOR IMPROVEMENT AUTHORITY
BOARD MEETING
DATE OF MEETING: Sept. 21, 2022
TIME OF MEETING: 9:00 a.m.
PLACE OF MEETING: City Hall Room 204, 933 Terrace St, Muskegon, MI
AGENDA
I. Roll Call
II. Approval of minutes of the regular meeting May 18, 2022
III. Review of finances as of 8-31-2022
IV. Summer and landscaping recap
V. Review of second season of snow removal services
VI. Lakeside events for fall and winter
VII. 2022 Christmas decorations
VIII. Discussion of developments and available properties
IX. Next Meeting
X. Adjourn
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETING OF THE
CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
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, upon twenty-four hour notice to the City of Muskegon. Individuals with disabilities requiring auxiliary
aids or services should contact the City of Muskegon by writing or calling the following:
Ann Marie Cummings, City Clerk
933 Terrace Street
Muskegon, Ml 49440
(231) 724-6705
TTY/fDD: Dial 7-1-1 and request that a representative dial 231-724-6705
LAKESIDE BUSINESS IMPROVEMENT DISTRICT
CORRIDOR DEVELOPMENT AUTHORITY
REGULAR
BOARD MEETING
May 18, 2022 9:00am
MEETING MINUTES
Meeting called to order at 9:03am by M. Flermoen.
I. ROLL CALL
MEMBERS PRESENT: M. Flermoen, K. Fearnley, L. Hopson, A. Chambers, M. Lyonnais, R. Jenkins, A.
Serio
MEMBERS ABSENT: D. Ghezzi, L. Mikesell
OTHERS PRESENT: D. Alexander, S. Pulos
II. SELECTION OF A BOARD CHAIR
With Frank Peterson, who was the Chair, no longer on the board, Interim City Manager LeighAnn Mikesell
replaces him by state law. The Lakeside BID board discussed Mark Flermoen moving up from Vice-Chair
to the position of Chair.
III. APPROVAL OF MINUTES
Motion by R. Jenkins, second by L. Hopson to approve the Lakeside BID Meeting Minutes from February
16, 2022.
Vote: 7 yays, 0 nays, 0 abstentions
MOTION PASSES
IV. ACTION ITEM: REVIEW OF FINANCES
The BID ended last month with $39,464 in your account. You have received the $35,000 in settlement
money for the Lakeshore Drive construction project and $23,276 in special assessments. You have paid for
the first year of three for snow removal and some advertising costs. I do not have an answer on your request
for a city share of the snow removal costs.
The remainder of the agenda is for discussion purposes -- review of the winter sidewalk snow removal
services, summer landscaping, summer events and Christmas decorations. A board member wanted a
decision on the disposition of the basketball hoops purchased last summer.
Motion by L. Hopson, second by A. Chambers to acknowledge the status of the finances currently.
Vote: 7 yays, 0 nays, 0 abstentions
MOTION PASSES
V. DISCUSSION ITEM: REVIEW OF SNOW REMOVAL SERVICES
First year, everything worked well, we will explore for years two and three.
VI. DISCUSSION ITEM: SUMMER LANDSCAPING RECAP
We decided that we would use the volunteer services of Mark F. and we will reimburse
materials.
VII. DISCUSSION ITEM: 2022 LAKESIDE SUMMER EVENTS
No events are planned maybe Fall Harvest should be close to 10/18/2022 anniversary event, and the two
events could be coordinated.
VIII. ACTION ITEM: BASKETBALL HOOPS
The possibility of moving the hoops to McGraft was discussed. R. Jenkin's vision was to get people into
Lakeshore Drive to see what's there. The last few attempts by the Lakehawks didn't work. Both the
Lakehawks and the Lakeside BID had investments into the rims. There are 6 basketball rims.
A motion was made by L. Hopson, seconded by A. Serio, to have the Lakehawks reimburse the Lakeside
BID for basketball rims in the future.
Roll Call Vote
L. Hopson: Yes M. Flermoen: Yes A. Serio: Yes K. Fearnley: Yes
A. Chambers: Yes M. Lyonnais: Yes R. Jenkins: Obstain
MOTION PASSES
IX. ACTION ITEM: CHRISTMAS DECORATIONS
Christmas decorations for the 2022 season were discussed. The board agreed that bling was needed, the
pro's and con's of owning vs. renting decorations was talked about, as well as if the City could match the
funds spent towards the decorations. The possibility of using the NAM Grants that the City offers was
discussed too.
A motion was made by L. Hopson, seconded by R. Jenkins, to direct staff to see what $15,000 ($5k/$5k/$5k
= BID/City/Businesses) will do for Christmas Decorations from Wasserman's to McCracken.
Roll Call Vote
L. Hopson: Yes M. Flermoen: Yes A. Serio: Yes K. Fearnley: Yes
A. Chambers: Yes M. Lyonnais: Yes R. Jenkins: Yes
MOTION PASSES
X. NEXT MEETING
The next scheduled meeting of the Lakeside CIA-BID will be 9/21/2022 at 9 a.m., Muskegon City Hall, 933
Terrace, Muskegon, MI 49440.
XI. ADJOURN
Motion by R. Jenkins, supported by A. Serio, to adjourn the meeting.
Vote: 7 yays, 0 nays, 0 abstentions
MOTION PASSES
Meeting adjourned by M. Flermoen at 10:27 am.
To: Lakeside BID-CIA board
From: Dave Alexander, business development manager
Re: Comments on the agenda for 9-21-22
Date: Sept. 15, 2022
There are no specific needs for action item requests from city staff on your
Wednesday morning agenda. You will meet at 9 a.m. Wednesday Sept. 21 in
Room 204 of City Hall.
As for your financial position, you are in a good position with $45,790 cash in the
bank. You will spend $26,880 this winter season on the second year of your three-
year sidewalk snow removal contract.
I will try to get the city to consider paying $3,800 annually for its share of city
owned sidewalks in the Lakeside snow removal service area. You also can expect
at least $2,500 from the first year of the Corridor Improvement District, maybe
more. In 2023, that could go up to $5,000 for year two. I will have a specific year
one CIA number at the Wednesday meeting. The Lakehawks owe the BID $2,000
for the basketball rims.
With conservatively $19,000 in fund reserves, you have some decisions to make
on future expenditures. Your special assessment should continue to cover the
snow removal contract the next two winters.
Staff does not have any recommendations on how to use BID funds to improve
the Lakeside commercial district but would suggest spending would make the
most sense in the areas of marketing, events and seasonal decorations. The
meeting's agenda gives the board opportunity to find consensus on future
expenditures.
09/13/2022 01:12 PM GL ACTIVITY REPORT FOR CITY OF MUSKEGON Page: 1/3
User: jessica.rabe
DB: Muskegon TRANSACTIONS FROM 01/01/2022 TO 08/31/2022
Date JNL Type Description Reference ll Debi ts Credits Balance
Fund 286 LAKESIDE BID
Assets
Department 000
Unclassified
01/01/2022 286-000-001 CASH IN BANK BEG. BALANCE (1,600.80)
01/14/2022 CD CHK CHRISTMAS CREATIONS BY BAILEY 543716 5,100.00 (6,700.80)
01/21/2022 CD CHK ELITE INTEGRATED PEST MANAGEMENT 26514(A) 13,440.00 (20,140.80)
01/31/2022 GJ JE TRANSFER FROM WTR FUND TO LAKESIDE B: 7521 35,000.00 14,859.20
01/31/2022 GJ JE INTEREST ON INVESTMENTS 7637 2.76 14,861.96
02/25/2022 CD CHK HARBOR HOUSE PUBLISHERS 543963 1,650.00 13,211.96
02/28/2022 GJ JE INTEREST ON INVESTMENTS 7727 5.85 13,217.81
03/09/2022 CR RCPT 2,550.00 15,767.81
SUMMARY CR POSTING: 03/09/2022 MR
03/31/2022 GJ JE INTEREST ON INVESTMENTS 7792 6.04 15,773.85
04/18/2022 CR RCPT 414.04 16,187.89
SUMMARY CR POSTING: 04/18/2022 SPEC
04/19/2022 GJ JE POST LAKESIDE BID COLLECTIONS TO CIT' 7777 23,276.82 39,464.71
04/30/2022 GJ JE INTEREST ON INVESTMENTS 8071 11. 51 39,476.22
04/30/2022 GJ JE INTEREST ON INVESTMENTS 8146 11. 51 39,487.73
04/30/2022 GJ JE TO REVERSE MANUAL JOURNAL ENTRY: 807: 8147 11. 51 39,476.22
05/13/2022 CD CHK MUSKEGON LAKESHORE CHAMBER OF COMM 27750 (A) 231.78 39,244.44
05/31/2022 GJ JE INTEREST ON INVESTMENTS 8076 16.40 39,260.84
05/31/2022 GJ JE INTEREST ON INVESTMENTS 8142 16.40 39,277.24
05/31/2022 GJ JE TO REVERSE MANUAL JOURNAL ENTRY: 807! 8143 16. 40 39,260.84
06/10/2022 CD CHK LOUISE HOPSON 544450 146.00 39,114.84
06/10/2022 CD CHK MARK FLERMOEN 544451 341.29 38,773.55
06/30/2022 CR RCPT 2,000.00 40,773.55
SUMMARY CR POSTING: 06/30/2022 SPEC
06/30/2022 GJ JE DIST OF FUNDS FROM 2021 SETTLEMENT 7 994 4,999.61 45,773.16
06/30/2022 GJ JE INTEREST ON INVESTMENTS 8096 17.72 45,790.88
06/30/2022 GJ JE INTEREST ON INVESTMENTS 8144 17. 72 45,808.60
06/30/2022 GJ JE TO REVERSE MANUAL JOURNAL ENTRY: 809! 8145 17.72 45,790.88
07/01/2022 2022-23 Fiscal Year Begin 45,790.88
08/31/2022 286-000-001 END BALANCE 68,346.38 20,954.70 45,790.88
01/01/2022 286-000-018 ACCOUNTS RECEIVABLE BEG. BALANCE 0.00
02/16/2022 MRB BILL SUMMARY MRB 02/16/2022 2,550.00 .2,550.00
03/09/2022 CR RCPT 2,550.00 0.00
SUMMARY CR POSTING: 03/09/2022 MR
07/01/2022 2022-23 Fiscal Year Begin 0.00
08/31/2022 286-000-018 END BALANCE 2,550.00 2,550.00 0.00
UNCLASSIFIED: Unclassified 70,896.38 23,504.70 45,790.88
TOTAL FOR DEPARTMENT 000 70,896.38 23,504.10
TOTAL Assets 70,896.38 23,504.70 45,790.88
Liabilities
Department 000
Unclassified
01/01/2022 286-000-202 ACCOUNTS PAYABLE BEG. BALANCE 0.00
01/11/2022 AP INV LAKESIDE BUSINESS DISTRICT:HOLIDAY DE 0017 5,100.00 (5,100.00)
01/14/2022 CD CHK CHRISTMAS CREATIONS BY BAILEY 543716 5,100.00 0.00
01/18/2022 AP INV LAKESIDE SIDEWALK SNOW CLEARING: 2/2 INV2145 13,440.00 (13,440.00)
01/21/2022 CD CHK ELITE INTEGRATED PEST MANAGEMENT 26514 (A) 13,440.00 0.00
02/23/2022 AP INV 1/2 PAGE AD:LAKESIDE BID:D.ALEXANDER MUS26605 1,650.00 (1,650.00)
02/25/2022 CD CHK HARBOR HOUSE PUBLISHERS 543963 1,650.00 0.00
05/11/2022 AP INV ONE DAY IN MUSKEGON BROCHURES - 25% 1 1862 231.78 (231.78)
05/13/2022 CD CHK MUSKEGON LAKESHORE CHAMBER OF COMM 27750(A) 231.78 0.00
06/07/2022 AP INV LAJ<ESIDE BID; FACEBOOK ADS REIMBURSE; I FB ADS 146.00 (146.00)
06/07/2022 AP INV LAKESIDE BID: LANDSCAPING REIMBURSE FC SPRING 2022 341.29 (487.29)
06/10/2022 CD CHK LOUISE HOPSON 544450 146.00 (341.29)
06/10/2022 CD CHK MARK FLERMOEN 544451 341. 2 9 0.00
07/01/2022 2022-23 Fiscal Year Begin 0.00
08/31/2022 286-000-202 END BALANCE 20,909.07 20,909.07 0.00
UNCLASSIFIED: Unclassified 20,909.07 20,909.07 0.00
TOTAL FOR DEPARTMENT 000 20,909.07 20,90~3.0)
TOTAL Liabilities 20,909.07 20,909.07 0.00
Fund Equity
Department 000
Unclassified
01/01/2022 286-000-399 FUND BALANCE UNRESERVED BEG. BALANCE (3,979.75)
07/01/2022 2022-23 Fiscal Year Begin (3,979.75)
08/31/2022 286-000-399 END BALANCE 0.00 0.00 (3,979.75)
UNCLASSIFIED: Unclassified (3,979.75)
09/13/2022 01:12 PM GL ACTIVITY REPORT FOR CITY OF MUSKEGON Page: 2/3
User: jessica.rabe
DB: Muskegon TRANSACTIONS FROM 01/01/2022 TO 08/31/2022
Date JNL Type Description Reference # Debits Credits Balance
TOTAL FOR DEPARTMENT 000
TOTAL Fund Equity (3,979.75)
Revenues
Department 000
TAXES & SPECIAL ASSESSMENTS
01/01/2022 286-000-451 SPECIAL ASSESSMENTS BEG. BALANCE (9,885.83)
04/18/2022 CR RCPT 414.04 (10,299.87)
SUMMARY CR POSTING: 04/18/2022 SPEC
04/19/2022 GJ JE POST LAKESIDE BID COLLECTIONS TO CIT' 7777 23,276.82 (33,576.69)
06/30/2022 CR RCPT 2,000.00 (35,576.69)
SUMMARY CR POSTING: 06/30/2022 SPEC
06/30/2022 GJ JE DIST OF FUNDS FROM 2021 SETTLEMENT 7 994 4,999.61 (40,576.30)
07/01/2022 2022-23 Fiscal Year Begin 0.00
08/31/2022 286-000-451 END BALANCE 0.00
Cumulative Net Debits and Credits: 0.00 30,690.47 (30,690.47)
4100: TAXES & SPECIAL ASSESSMENTS 30,690.47 0.00
FINES & PENALTIES
01/01/2022 286-000-665-004970 INTEREST INCOME BEG. BALANCE (21. 56)
01/31/2022 GJ JE INTEREST ON INVESTMENTS 7637 2.76 (24. 32)
02/28/2022 GJ JE INTEREST ON INVESTMENTS 7727 5.85 (30.17)
03/31/2022 GJ JE INTEREST ON INVESTNENTS 7792 6.04 (36. 21)
04/30/2022 GJ JE INTEREST ON INVESTMENTS 8071 11. 51 ( 4 7. 72)
04/30/2022 GJ JE INTEREST ON INVESTMENTS 8146 11.51 (59.23)
04/30/2022 GJ JE TO REVERSE MANUAL JOURNAL ENTRY: 807: 8147 11. 51 (4 7. 72)
05/31/2022 GJ JE INTEREST ON INVESTMENTS 8076 16.40 (64.12)
05/31/2022 GJ JE INTEREST ON INVESTMENTS 8142 16.40 (80.52)
05/31/2022 GJ JE TO REVERSE MANUAL JOURNAL ENTRY: 807( 8143 16. 40 ( 64 .12)
06/30/2022 GJ JE INTEREST ON INVESTMENTS 8096 17.72 (81.84)
06/30/2022 GJ JE INTEREST ON INVESTMENTS 8144 17.72 (99 .56)
06/30/2022 GJ JE TO REVERSE MANUAL JOURNAL EMTRY: 809( 8145 17.72 (81.84)
07/01/2022 2022-23 Fiscal Year Begin 0.00
08/31/2022 286-000-665-004970 END BALANCE 0.00
Cumulative Net Debits and Credits: 45.63 105.91 (60.28)
4700: FINES & PENALTIES 45.63 105.91 0.00
LICENSES & PERMITS
01/01/2022 286-000-684 MISC. & SUNDRY BEG. BALANCE 0.00
02/16/2022 MRB BILL SUMMARY MRB 02/16/2022 2,550.00 (2,550.00)
07/01/2022 2022-23 Fiscal Year Begin 0.00
08/31/2022 286-000-684 END BALANCE 0.00
Cumulative Net Debits and Credits: 0.00 2,550.00 (2,550.00)
4200: LICENSES & PERMITS 2,550.00 0.00
INTEREST & OPERATING TRANSFERS
01/01/2022 286-000-699-500000 OP. TRANS FROM ENTERPRISE Ft BEG. BALANCE 0.00
01/31/2022 GJ JE TRANSFER FROM WTR FUND TO LAKESIDE B: 7521 35,000.00 (35,000.00)
07/01/2022 2022-23 Fiscal Year Begin 0.00
08/31/2022 286-000-699-500000 END BALANCE 0.00
Cumulative Net Debits and Credits: 0.00 35,000.00 (35,000.00)
4900: INTEREST & OPERATING TRANSFERS 35,000.00 0.00
TOTAL FOR DEPARTMENT 000 68,346.38
TOTAL Revenues 45.63 68,346.38 0.00
Expenditures
Department 704 LAKESIDE BID
CONTRACTUAL SERVICES
01/01/2022 286-704-801 CONTRACTUAL SERVICES BEG. BALANCE 15,487.94
01/11/2022 AP INV LAKESIDE BUSINESS DISTRICT: HOLIDAY DE 0017 5,100.00 20,587.94
01/18/2022 AP INV LAKESIDE SIDEWALK SNOW CLEARING: 2/2 INV2145 13,440.00 34,027.94
02/23/2022 AP INV 1/2 PAGE AD:LAKESIDE BID:D.ALEXANDER MUS26605 1,650.00 35,677.94
05/11/2022 AP INV ONE DAY IN MUSKEGON BROCHURES - 25% l 1862 231.78 35,909.72
06/07/2022 AP INV LAKESIDE BID; FACEBOOK ADS REIMBURSE; I FB ADS 146.00 36,055.72
06/07/2022 AP INV LAKESIDE BID: LANDSCAPING REIMBURSE F( SPRING 2022 341. 29 36,397.01
07/01/2022 2022-23 Fiscal Year Begin 0.00
08/31/2022 286-704-801 END BALANCE 0.00
Cumulative Net Debits and Credits: 20,909.07 0.00 20,909.07
5300: CONTRACTUAL SERVICES 20,909.07 0.00
09/13/2022 01:12 PM GL ACTIVITY REPORT FOR CITY OF MUSKEGON Page: 3/3
User: jessica.rabe
DB: Muskegon TRANSACTIONS FROM 01/01/2022 TO 08/31/2022
Date JNL Type Description Reference it Debi ts Credits Balance
TOTAL FOR DEPARTMENT 704 LAKESIDE BID 20,909.01
TOTAL Expenditures 20,909.07 0.00
TOTAL FOR FUND 286 LAKESIDE BID 112,760.15 112,760.15 41,811.13
09/13/2022 01:10 PM ACCOUNT BALANCE REPORT FOR CI TY OF MUSKEGON Page: 1/1
User: jessica.rabe
DB: Muskegon PERIOD ENDING 08/3 1 /2022
ACT I VITY FOR
2022-23 BEG. BALANCE MONTH YEAR-T O-DATE END BALANCE
GL NUHBER DESCRIPTION AMENDED BUDGET 07/0 1 /2022 08/31/2022 THRU 08/31/22 08/31/2022
Fund 286 - LAKESIDE BID
Assets
286 -0 00 - 001 CASH IN BANK 45,790.88 0 . 00 0. 00 45 , 790 . 88
TOTAL ASSETS 45,790 . 88 0 . 00 0.00 45 , 790.88
Fund Equi ty
286-000-399 FUND BALANCE UNRESERVED 3 , 979 . 75 0 . 00 0 . 00 3,979 . 75
TOTAL FUND EQUITY 3,979.75 0.00 0. 00 3,979.75
Date: 11/10/2021
This quote will remain firm
Integrated Pest Mm,ageWtent for 30 days from above date
&: Snowplowing
Property Name: Lakeside Business Improvement District Contact: Dave Alexander
Service Address: Phone:
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231-215-8827
City: Muskegon State: Ml Zip: Email:
----
Billing Address: 933 Terrace St Contact:
City: Muskegon
-------------
State: Ml Zip: 49440 Phone:
-------------
Email:
----
Elite 1PM proposes to furnish all labor and equipment to plow snow for the following areas:
Lakeside district sidewalks along lakeshore drive - see attahed map and specs per bid proposal. Agreement is for three (3)
years due to the purchase of specialized equipment involved in the clearing and removal of snow. Each party (Lakeside
Business Improvement District / Elite 1PM) reserves the right to cancel the agreement by June 1, 2022 and June 1, 2023
of the three year agreement. If the Lakeside Business Improvement District elects to cancel the agreement by
June 1, 2022 the Lakeside Business Improvement District agrees to pay Elite 1PM the sum of $11,637.67 (1/3 of the specialized
equipment cost needed for this agreement). Salting will be done during sidewalk clearing events. In the event further
salting is needed, it can be requested for an additonal $200.00 per salting. Every available effort will be made to have
the sidewalks cleared prior to 9:00am, with the business district being priority.
Both parking lots both to the north and south of 1987/1989/1991 Lakeshore Drive (not including Marine Tap)
will be plowed as part of this agreement. (Time for the parking lots may differ from the sidewalks)
~ Seasonal Price
This bid is based on a seasonal price of 26880.00 for snow depths up to 5.11". The season shall commence
November 15, 2021 and shall terminate April 15, 2022 for the first season. Snow plowing will begin within reasonable
time once the accumulation reaches a minimum of 1.5", but not before it ceases to fall. As part of the three (3) year
agreement, subsequent seasons will be from November 15 2022 -April 15 2023 and November 15 2023 - Aprll 15 2024
respectively. Snow depths shall be determined by any of on site inspections, official reports from the National
Weather Service, NOAA, local news reports and snow prediction centers.
If customer so elects to have his/ her place of business or household plowed before business hours and an
additional plow is necessary to remove new accumulations of snow, the customer will be charge for the additional
plowing. Total number of plowings is not to exceed N/A per day.
If any equipment other than a snow plow, snow blower or snow shovel is required to clear snow from the area
to be plowed (i.e., front end loader, dump truck, etc.) an hourly rate of$ N/A per man hour shall be charged
to the customer along with any other costs Incurred, including rental and operating fees for any additional equipment
needed
Seasonal price agreement may be paid in two (2) installments. The first installment shall be fifty {50%) percent
of the agreement price due on or before November 15, 2021. The second installment shall be fifty (50%) and is due
on or before December 31, 2021. The dates of November 15 and December 31 remains in effect for the years of
2022-2023 and 2023-2024 when the agreement will be fulfilled.
Payments must be made in accordance with the above terms. Failure to pay the invoice by the designated dates
will result in snow plowing not being done and will relieve contractor from further liability to plow snow at the
described location(s) above. Penalties and fees will also be assessed in the amounts 1/3 of equipment cost if
#
cancelled by June 1, 2022 and 1/6 the cost if cancelled after the 2022 season and by June 1, 2023
If you accept the seasonal terms above, initial here:
~ Salt Application(s)
Neither the price per push or the seasonal price includes salt or calcium chloride applications. Failure to salt
or apply calcium chloride may result in slippery conditions which could cause injury to persons or property. Salt
may be applied at an additional cost of$ Included per application. Calcium Chloride may be applied at a charge
of$ N/A per application.
If customer chooses to have salt or calcium chloride applied after each days snow plowing, initial hE_g___
If customer chooses NOT to have salt or calcium chloride applied after each days snow plowing, initial h<
---
The amount of salt or calcium chloride to be applied is up to the contractors discrtion and judgement.
Customer acknowledges that if salting/ calcium chloride is accepted or declined, El'te 1PM will not be responsible for any
Injuries, liability or damages that occur. This includes but is not limited t , slip and II accidents, vehicle accidents,
or any other damages to people and/ or property. Initial here: --71trh'"---
Customer agrees to defend and hold harmless from any and all liability, including attorney fees which the contractor
may incur from the contractors work on this customers property.
Terms and Conditions
This written agreement contains all conditions and describes all work to be done. This agreement supersedes all
preivous agreements and any verbal communications made prior to the date of this agreement.
Unless specified above, foot traffic areas to and from doors and parking areas are not to be cleared by contractor
are the responsibility of the business and home owners to clear and/ or salt those areas.
Contractor will exercise its best judgement based on weather forcasts and conditions at the time and customer is
aware that weather conditions in the areas may change rapidly and without notice. Changes in weather conditions
are considered to be an "Act of God" and contract assumes no liability for "Acts of God"
Customer agrees to allow contractor to decide if snow plowing is warranted based upon snow accumulations at
customers particular location. Customer understands that snow accumulations may vary throughout the immediate
area, and that accumulations in one area may not necessarily be indictive of accumulation at the customers particular
location, regardless of total snow fall In the immediate area.
Accounts that are past due will not be plowed until customers account is brought up to date. Customer understands
and accepts the fact that delays in payments made or non payments to the contrator may result in appropriate
legal action being taken to collect money owed to contractor. Customer understands the costs for such legal action
taken including but not limited to, attorney fees, court costs, costs and expenses of suit or bringing suit, will be passed
onto the customer and that the customer accepts these terms. Agreement shall be binding to the benefit of the parties
an1 their heirs, executors, administrators and assigns.
Customer understands that plowing (or salting) of a particular location may not clear the area to the "bare pavement,"
and that slippery conditions may continue to prevail even after plowing (or application of salt). Customer understands
that contractor assumes no liability for this naturally occuring condition. Customer agrees to defend hold harmless
of the contractor for any and all trespasses or suits that may arise as a result of this naturally occuring condition.
Hold Harmless Agreement
To the fullest extent permitted by law, customer agrees to defend, pay on behalf of, indemnify, and hold harmless
contractor, its officials, employees, volunteers and others working on behalf of contractor against any and all claims
therewith, and for any damages asserted, claimed or recovered against or from the contractor, its officials, employees,
volunteers or any others working on behalf of the contractor, by reason of personal injury, bodily injury up to and
including death and/ or property damage, including loss of use thereof, which arises out of or is In anyway connected
or associated with this agreement.
Acceptance of agreement
Tltle:StD (¾,_,.,,r•: 7kGi/-e
~vdlt-.e__
This agreement will not be accepted as binding by contractor until a signed and dated copy from Client and Elite 1PM
is received
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