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TREE REMOVAL CONTRACT
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This Site Access Agreement (“Agreement”) is made by and between the City of Muskegon,
a Municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440 (“City”) and Straight
Up Tree Service LLC, a Michigan Limited Liability Company, of 3179 W. Darwin Rd, Maple City,
Michigan 49664, (“Contractor”) (together the “Parties”) with reference to the following facts:
Background
A. City owns the teal property listed on Exhibit A (“Sites”). The Sites include seventeen
(17) vacant lots (“Lots”). City desires that certain trees, shrubs, and stumps be removed so that the
consttuction of structures can occur on the Sites.
B. Contractor has permission to enter the Sites for the exclusive purposes of felling
trees, shrubs, and stumps in preparation for contraction on the Sites (the “Scope of Work”).
Therefore, for good and valuable consideration, the parties agtee as follows:
1. Access. City gives permission to Contractor or its agents, contractors, or other
authorized representatives (collectively, “Authorized Parties”) to enter upon the Sites to perform the
Scope of Work. This permission is effective immediately upon the execution of this Agreement by
City and Contactor. Authorized Parties may enter the Sites and perform work between the hours
7:00 a.m. and 10:00 p.m.
2. Scope of Work. The permission granted by City under this Agreement is
contemplated to be used solely for the purpose of felling trees, removing stumps and shrubs, and
removing any and all other felled items. All felled trees, shrubs, and stumps must be removed by
October 20, 2024 (the “Scope of Work”). No actions outside of the Scope of Work may be taken by
the Authorized Parties without the expressed prior written consent of the City.
3, Costs. Authorized Parties will perform the Scope of Work and any other activity
related to this Agreement at their sole cost and expense. Authorized Parties will not allow any
mechanics or other lien to be placed on the Sites. Should any such lien arise due to the acts or
omissions of Authorized Parties, or subcontractors working on behalf of Authorized Patties,
Contractor will, no later than twenty (20) days from the claim of such lien, fully discharge the lien at
theit expense.
City shall pay contractor $35,365.78 upon completion of the Scope of Work and satisfactory
inspection of all Sites.
4. Default. If an Authorized Patty fails to perform any of its respective obligations,
City may terminate this Agreement or cute the default, and/or pursue all or any other remedies
available under law or in equity, including, without limit, pursuit of equitable remedies and offset any
amounts owed to Contactor pursuant to this Agreement. If City cures a default, then Contractor
shall reimburse City for the costs thereof within ten (10) business days of written request for
reimbursement. A default by Authorized Parties shall be deemed a default by Contractor.
5. Indemnification. Contractor shall require that any of its agents, contractots,
representatives, or consultants indemnify and hold City harmless from any and all Liabilities, claims,
losses, suits, actions, judgments, damages, costs (including reasonable attorney’s fees), or penalties
atising out of an Authorized Party’s exercise of the tight to access the Sites and conduct the
investigation.
6. Insurance. Prior to Authorized Parties entering the Sites to conduct the Scope of
Work, Contactor shall, and shall cause Authorized Parties to, obtain, maintain, and deliver to City
evidence thereof, at no cost or expense to City:
a. Commercial general liability coverage including personal injury, products, and
completed operations lability, with bodily injury and property damage limits of not
less than $2,000,000.00 per occurrence, and contractual liability, advertising, and
personal injury limits of $1,000,000.00 per person or organization;
b. Worker’s compensation coverage with statutory limits; and
c. Commercial automobile liability coverage, including owned, non-owned, and hired
vehicles with coverages of not less than $1,000,000.00 for bodily injury and property
damage for each accident. This insurance must be in the form of an “occurrence”
policy.
Such: policies to name City as an additional insured party, which insurance shall provide covetage
against any claim for personal liability or property damage caused by the Authorized Parties or their
employees, agents, representatives, or consultants in connection with the Scope of Work.
7. Waiver of Claims. Contractor acknowledges that it enters onto the Sites and
performs the Scope of Work at its own tisk. Contractor, for itself and its respective officers,
directors, shareholders, members, affiliates, agents, employees, and subcontractors, waive any and all
Claims against City arising out of, in connection with, resulting from, or incidental to, directly ot
indirectly, the conditions of the Property.
8. Term. The term of this Agreement shall commence immediately upon the execution
of this Agreement by the Parties and end on October 20, 2024.
9. Notices. Any notices required to be made under this Agreement shall be made in
writing to the address of the appropriate party as set forth below. All such notices shall be deemed
to have been duly given and teceived upon the transmission of an e-mail when sent by e-mail to the
other party; three (3) business days after mailing by certified mail return receipt requested; or upon
delivery by courier or personal delivery service. Parties may alter or modify their notice addtess by
delivery of written notice pursuant to the terms of this Agreement.
To City: City of Muskegon
Attn: City Planning Director
933 Terrace Street
Muskegon, MI 49440
To Contactor: Straight Up Tree Service LLC
3179 W. Darwin Rd
Maple City, MI 49664
Attention: Peter Skribanek
10. General Provisions.
a. Notices. Any notice required or permitted to be given under this Agreement
shall be in writing and shall be deemed to have been given (a) on the same date as the date
on which such notice is delivered personally; (b) on the date that is three (3) business days
after the date on which such notice is deposited in the United States registered or certified
mail, postage prepaid, return receipt requested; or (c) on the date that is one (1) business day
after the date on which such notice is sent by overnight courier services (such as Federal
Express or any other nationally-recognized courier service) for next business day delivery,
and, in each case, sent to the addtess set forth above, or to such other address as either party
may from time to time specify in a written notice to the other in accordance with the terms
hereof.
b. Assignment. Contractor shall not assign this Agreement without City’s prior
consent, which consent may be withheld or granted in Seller’s sole and absolute disctetion,
but will be authorized to hire agents and sub-contractors. 4
c. Successors and Assigns. Subject to Section 11(b), this Agreement shall be
binding upon, and inute to the benefit of, the parties hereto and their respective successors
and assigns.
d. Amendments. This Agteement may be amended or modified only by a
written instrament duly authorized and executed by the party or parties intended to be
bound thereby.
e. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Michigan, without regard to the application of
choice of law principles.
f. Counterparts. This Agreement may be executed in two (2) or mote
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one (1) and the same document.
g. Severability. In the event that any provision of this Agreement is held to be
invalid or unenforceable by a Court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the other provisions hereof so that this Agreement is
valid and enforceable to the fullest extent permitted by law.
h. Non-Business Days. If a Party is required to perform an act or give a
notice on a date that is a Saturday, Sunday, or national holiday, the date such performance or
notice is due shall be deemed to be the next business day.
Cyry:
CONTRACTOR:
CiTy O8 MUSKEGON
STRAIGHT UP TREE SERVICE LLC
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By:
Nanfe: Ken Johinso
MO Neg bp Qk, NA
Name: Petet Sktibanek
‘Title: I
Dare IO 2 -QO9Y Ti eH Neil : ae
Names ae Meisch
Title: City Clerk
Date: \e@ies XE oe
EXHIBIT A
SITES
1284 James Ave
1365 James Ave
1375 James Ave
209 Merrill Ave
502 Mary St
561 Mary St
845 Ducey Ave
982 Ducey Ave
1003 Ducey Ave
1341 Ducey Ave
1007 Albert Ave
1542 Adams Ave
320 Wood St
346 Wood St
425 Octavious St
436 Chatles St
877 Amity Ave
907 Orchard Ave
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