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Docusign Envelope ID: D385FB69-4F88-480A-BCDB-F94F5AE6B449
TELLERPLUS+ SITE MASTER LEASE AGREEMENT
THIS TELLERPLUS+ SITE MASTER LEASE AGREEMENT ("Agreement") made this October 1,
2024 by and between City of Muskegon, (hereinafter "Lessor"), and Consumers Credit Union,
a Michigan Corporation, having an office at 7200 Elm Valley Drive Kalamazoo, Michigan (hereinafter
"Lessee").
ARTICLE |
ESTABLISHMENT AND MAINTENANCE OF TELLERPLUS+:
Section 1.01 Definitions. For all purposes herein, and for the purposes of the documents executed
pursuant hereto, the following terms shall have the following meanings:
A. “TellerPlus+” shall mean an electronic fund transfer terminal consisting of a video teller
machine, together with other fixtures, access lines, equipment and furnishings necessary
to, or which will facilitate, the operation of banking services which it is capable of
performing now and in the future.
B. “ATM” shall mean an electronic fund transfer terminal consisting of an automated teller
“ machine, together with other fixtures, access lines, equipment and furnishings necessary
to, or which will facilitate, the operation of banking services which it is capable of
performing now and in the future.
Section 1.02 Leased Premises. Subject to the terms and conditions contained herein, Lessor
agrees to lease to Lessee, and Lessee agrees to lease from Lessor, the TellerPlus+ Site on Lease
Schedule(s) Exhibit A executed contemporaneously herewith or which may be executed hereafter
from time to time during the term of this Agreement.
Section 1.03 Payment. This license agreement will not require payment for use of the TellerPlust
from the Lessor. This license agreement will not require rent for the TellerPlus+ Site from Lessee.
Section 1.04 Additional TellerPlus+ or ATMs. In the event Lessor desires additional TellerPlus+ or
ATM at any other business owned and operated by City of Muskegon, then Lessor shall notify Lessee
of the opportunity. Lessee will be given the opportunity to bid on new business. If Lessor acquires
new location(s) where a TellerPlus+ or ATM is already established, Lessor will notify Lessee of
opportunity on location when the existing TellerPlus+ or ATM agreement dissolves. Lessee will be
given the opportunity to bid on new business.
Section 1.05 Exclusivity. Lessor grants to Lessee the exclusive right to install, maintain and
operate an TellerPlust at the Lessor's premises, located at 242 West Western Avenue, Muskegon,
MI 49440. See Lease Schedule, Exhibit A for site location. Lessor agrees not to permit any other
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financial institution to install, maintain, and/ or operate a TellerPlus+ or ATM at this location without
Lessee's prior express written consent.
Section 1.06 Equipment. Lessee agrees, at its own expense, to provide, locate and install the
TellerPlus+ terminal(s). Lessee is responsible for providing dedicated communication and electric to
TellerPlus+ site. Lessee may sub-contract equipment and services.
Section 1.07 Access to TellerPlus+. Lessor agrees not to block the side or front of the TellerPlus+
or otherwise restrict access to the TellerPlust to ensure appropriate maintenance and cash
management can occur.
Section 1.08 Ownership. All elements constituting the TellerPlus+ terminal(s), as well as all signage
erected by Lessee, shall remain the sole property of Lessee, and Lessor shall have no interest
therein. Lessee shall pay all bona fide personal property taxes assessed or levied with respect to
the TellerPlus+ terminal(s) by the appropriate taxing authority. At the end of the term of this
Agreement, Lessee may remove the TellerPlus+ terminal(s) without liability to Lessor.
Section 1.09 Signage. Lessee shall be permitted to place fixed or digital signage, at Lessee's
expense, at TellerPlus+ terminal(s) which identifies Lessee, and/or Lessee's and other participant's
networks by tradename and/or logo and the financial services available at the TellerPlus+ terminal(s).
- Consistent with this right, the size and placement of all TellerPlus+ Site signage shall be subject to
Lessor's approval which shall not be unreasonably withheld. In the event of changes in network
tradenames or logos or services available at the TellerPlus+ terminal(s), the signage shall be
replaced to reflect the then current names, logos or services. Replacement costs shall be born by
the party whose signs must be replaced. Any additional signage will be mutually agreed upon prior
to installation by Lessor and Lessee,
Section 1.10 Governmental Approvals. Lessee has or shall obtain, at Lessee's expense, all
necessary permits and approvals required by governing authorities for the installation and operation
of TellerPlust terminal(s) at the Site leased hereunder. If, however, for any reason whatsoever,
Lessee is denied authority to install any number of the TellerPlus+ terminal(s)or to perform all or part
of the work necessary to install and operate the same or deems the expense of installation to be
excessive in its sole discretion, or is denied the right to conduct any other banking business at the
TellerPlus+ terminal(s) which Lessee deems necessary for the continued operation of the TellerPlus+
terminal(s), then Lessee shall have the right, but not the obligation, to terminate the Lease schedule
under which the affected TellerPlus+ was leased. Said termination hereunder shall be effective upon
the mailing of such notice of termination. In the event one or more Lease Schedules are so
terminated, Lessor shall return to Lessee any deposits and prorata rentals for unused months
heretofore made by Lessee to Lessor.
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Section 1.11 TellerPlus+ Maintenance. Lessee shall maintain the TellerPlus+ terminal(s) in good
operating condition and shall expeditiously make all required repairs or replacements at its sole
expense. The service level will be managed to less than 4% average monthly downtime. Lessee
may sub contract service. Lessor shall notify Lessee of the breakdown of, or damage to, the
TellerPlus+ terminal(s) within a reasonable time after learning of same and shall not itself repair or
attempt to repair or service the TellerPlus+ terminal(s). Once notified of outage/error Lessee will
provide initial service within 4 hours, up to 8 hours in the event of inclement weather.
Section 1.12 Cash Monitoring and Service.
A. Cash Level Monitoring: The Lessee shall monitor cash levels to ensure that services
provided to patrons are timely and uninterrupted.
B. Increased Servicing: In the event that issues arise concerning cash levels or delivery, the
Lessee agrees to increase servicing to a reasonable extent, to address and resolve service
disruptions.
Section 1.13 Site Maintenance. Lessor shall be responsible for the maintenance of the area
surrounding the TellerPlus+ Site in good condition. Lessor shall be responsible for sidewalk
maintenance, lighting, and safety. In the unlikely event of damage or vandalism, Lessor will, in good
faith, assist Lessee with their investigation.
Section 1.14 Utilities. Lessee shall furnish, at its sole expense, all lighting, air conditioning, data
line from circuit to equipment, if applicable, and heat and electricity for the Lessor's TellerPlus+ Site.
Lessee shall be responsible for providing, paying for and maintaining all communication circuits to
the TellerPlus+.
Section 1.15 Insurance. At all times during the term of this Agreement, Lessee shall maintain
general liability insurance which shall include coverage for the TellerPlus+ terminal(s), naming Lessor
as an additional insured, as its interest may appear, under such policy or policies with no less than
the following limits of liability: Bodily Injury and Property Damage - $1 million combined single limit.
In addition, Lessee shall maintain an all risk property insurance policy to protect its TellerPlus+
terminal(s) and related equipment.
Section 1.16 Hold Harmless Provision. Anything to the contrary notwithstanding, Lessee
covenants to indemnify and hold harmless lessor from and against all claims brought by third parties
or regulatory authorities and all costs (including attorneys fees), expenses and liabilities incurred in
connection with such claims, including any action or proceeding brought thereon, arising solely from
and as a direct result of the operation of the TellerPlus+ Site, provided that the Lessor notifies Lessee
of such a claim within thirty (30) calendar days of the date that Lessor becomes or should have
become aware of such a claim, or unless such claim arises solely from or as a direct result of Lessor's
acts, unilaterally taken without consultation with Lessee.
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Section 1.17 Damage to Premises. If any TellerPlus+ Site is damaged or destroyed in whole or in
part, Lessor will notify Lessee as soon as damage is discovered. Lessee shall proceed with due
diligence to so restore and provide Lessor with timeline.
Section 1.18 Eminent Domain. [f the whole or any substantial part of any TellerPlus+ Site shall be
taken by public authority under the power of Eminent Domain, that location may be removed from
the Schedule with written notice. All damages awarded for such taking shall belong to and be the
property of Lessor; provided, however, that Lessor shall not be entitled to any portion of an award
made to Lessee for the cost of moving or removing the TellerPlus+ Site.
Section 1.19 Taxes. Any taxes incurred due to TellerPlus+ site would be incurred and paid by
Lessee.
Section 1.20 Construction. Lessee is hereby authorized to construct and install the TellerPlus+ on
the TellerPlust Site. Lessor and Lessee shall perform their respective installation activities. In
constructing, installing, removing, altering, erecting and maintaining the improvements, and in
installing, repairing, or replacing any TellerPlus+ to serve the TellerPlus+ Site, Lessee shall not
interfere with any business conducted on any adjacent property and shall promptly clean up and
restore the TellerPlus+ Site and surrounding area after such work and shall maintain the same in as
clean and orderly a manner as possible during the progress of such work.
ARTICLE Il
TERM OF AGREEMENT AND RIGHTS UPON TERMINATION
Section 2.01 Effective Date. City of Muskegon agrees that this Contract shall become effective
upon October 1, 2024.
Section 2.02 Initial Term and Renewal.
A. Initial Term: This agreement shall commence on October 1, 2024 and shall continue in full
force and effect for an initial term of five (5) years (the” Initial Term”). This agreement
cannot be terminated during Initial Term.
B. Renewal: This Agreement shall automatically renew for successive periods of twenty-
four (24) months each (the “Renewal Term”), unless either party provides written notice
of non-renewal to the other party at least one hundred eighty (180) days prior to the
expiration of the then-current term.
Section 2.03 Warranties of Lessor. Lessor warrants that this Agreement, and the rights created
thereunder to not violate any lease under which Lessor occupies an TellerPlus+ Site. Further,
Lessor warrants to Lessee that any underlying leases in which Lessor is the tenant of said
TellerPlus+ Site, do not in any way restrict against, limit or prohibit the execution of this Agreement
or any use or activity permitted by this Agreement or any Lease Schedule executed hereunder.
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1
Ill
ARTICLE
ADVERTISING
Section 3.01 Advertising. Lessor acknowledges that Lessee intends to advertise the TellerPlus+
Site, and authorizes Lessee, at its own expense, to advertise the existence and locations of the
TellerPlus+ Site, and the services offered thereby in such media and in such manner as Lessee
deems desirable. Such advertising may identify Lessor by name and logo and may identify the
locations served by the TellerPlus+, but such advertising shall be restricted to the promotion of the
TellerPlus+and any other use of Lessor's name or logo, without the prior written approval of Lessor,
is prohibited. Lessor may advertise and promote the use of the TellerPlus+, including but not limited
to, directing its employees to explain the service features of the TellerPlus+ and location of such
TellerPlust. Lessor may advertise and promote the location of the TellerPlus+ as Lessor deems
desirable; provided however, that due to federal regulations governing advertising of financial
services, all advertising other than that mentioned herein must be previously approved by Lessee.
ARTICLE IV
MISCELLANEOUS PROVISIONS
Section 4.01 Use of Premises. Subject to the other provisions of this Agreement, Lessee shall use
the TellerPlus+ Site for the sole purpose of operating unmanned TellerPlus+ used for conducting
such banking transactions which TellerPlus+ can presently perform or may in the future be capable
of performing as a result of technological advances or regulatory changes.
Section 4.02 Acceptance of Premises. Lessee acknowledges that it has inspected the TellerPlus+
Site, and accepts same in “as is" condition. Lessee further acknowledges that Lessor has made
absolutely no warranties or representations regarding the conditions of the TellerPlus+ Site.
Section 4.03 Assiqnment and Sublease. Lessor shall not assign or dispose of any of its rights
or obligations under this agreement without prior written consent of Lessee. This Agreement is
binding on the successors and permitted assigns of the parties.
Section 4.04 Michigan Law. This agreement has been executed in the State of Michigan and shall
be interpreted pursuant to the laws of the State of Michigan.
ARTICLE V
MARKETING PARTNERSHIP
Section 5.01 Term of Support. Lessee shall provide services below in support of Lessor through
the Initial Term. Ninety (90) days prior to the expiration of the Initial Term, Lessee shall provide
proposal of support for the upcoming renewal term. Lessee shall provide updated proposal ninety
(90) days prior to each successive renewal term.
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Section 5.02 Digital Billboards. Lessee shall promote Muskegon Farmers market on digital
billboards in Muskegon, Grand Haven, Walker and Plainfield locations.
A. Muskegon Location: The Lessee shall promote the Lessor during the annual period
commencing on May 1st and ending on November 30th, on each Tuesday, Thursday,
and Saturday from 8:00 a.m. to 2:00 p.m.
B. Walker, Grand Haven, and Plainfield Locations: The Lessee shall promote the
Lessor during the annual period commencing on May 1st and ending on November
30th, on each Saturday from 8:00 a.m. to 2:00 p.m.
Section 5.03 Video Spotlight. Lessee shall create a video spotlight promoting Lessor to be
published on Lessee’s social media sites, as well as for Lessor’s use.
Section 5.04 Website and App Listing. Lessee shall promote Lessor’s location as one of
Lessee’s ATM locations, highlighting convenience for downtown Muskegon tourists.
Section 5.05 Member Perks. Lessee shall promote Lessor under our “Member Perks” on our
Consumers CU website.
Section 5.06 Farmers Market Gift Certificate Giveaways. Lessee shall promote Lessor during
the summer market months of May~November to new members by holding monthly giveaways.
Section 5.07 On-Site Presence
A. Consumers CU Representative: The Lessee shall appoint a representative of
Consumers CU to be present near the TellerPlus+ during peak days of the Muskegon
Farmers Market and Flea Market. The representative shall be onsite with a frequency of
one (1) day per calendar month, with the option of either the first Tuesday or the first
Wednesday of each month. In addition, the Lessee shall ensure the presence of their
representative on the first Saturday in December for the opening of the Winter Market
B. Financial Wellness Education-Themed Events: The Lessee, as part of their
commitment to on-site representation, shall host financial wellness education-themed
days for the benefit of market patrons. These educational events shall include, but are
not limited to, topics such as ‘Shopping on a Budget’ and ‘Buying Your First Home.’
Additionally, the Lessee shall organize and facilitate kid-focused financial literacy
activities during the ‘Power of Produce Club' days, with the distribution of piggy banks
and other educational items to engage and benefit children in attendance. The
frequency and specific dates of these events shall be determined collaboratively
between the Lessee and the Lessor, ensuring a mutually agreeable schedule that
aligns with the market's peak days and overall calendar of events
Section 5.08 Consumers @Work: As part of the finalized support, the Lessor will consider the
Lessee’s financial education programming (“Consumers @Work’) and discuss potential
opportunities for promoting the Lessee’s services on Lessor’s website.
THE UNDERSIGNED, each acting as a duly authorized representative of the company beneath
whose name the signature appears and on behalf of said company, do execute this Agreement on
the day and year first above written.
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CITY OF MUSKEGON CONSUMERS CREDIT UNION
LESSOR LESSEE
DocuSigned by:
DocuSigned by:
xX | fw Meise X | Aenedaasy YeCall
A86E62AEF1BB435... BAAT{D2A925 4468...
Ann Meisch .
By: By: Linday M. McCall
Its: _ City Clerk Its: Chief Operations Officer
Date: 41/20/2024
1
38-6004522
Tax ID Number:
Date: 11/21/2024
(aa
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Docusign Envelope ID: D385FB69-4F88-480A-BCDB-F94F5AE6B449
LEASE SCHEDULE FOR
TELLERPLUS + SITE MASTER LEASE AGREEMENT
This Lease Schedule is made this October 1, 2024 and is executed pursuant to the TellerPlus+ Site
Master Lease Agreement, dated the October 1, 2024, between City of Muskegon, Lessor, and
Consumers Credit Union, Lessee.
TELLERPLUS+ SITE LOCATION:
Site Location: Muskegon Farmers Market
Address: 242 West Western Avenue, Muskegon, MI 49440
CO-OP Network members will receive fee-free service at the above location(s). Customers from
other financial institutions will be charged for service.
Exhibit A:
Consumers Muskegon FM ITM
242 W Western wwe, Muskeon. MI 49440
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Exhibit B:
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Reed ben
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