View the PDF version Google Docs PDF Viewer
CITY OF
mg MUSKEGON
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 13, 2025 Title: South Breakwater Pier Gate Lease
Amendment
Submitted by: Dan VanderHeide, Public Works Department: Public Works
Director, Tim Kozal, Public Safety Director
Brief Summary:
Staff requests authority to sign the included amendment to the City's lease of U.S. Army Corps of
Engineers’ waterfront at Pere Marquette Beach to allow a pier gate to be installed.
Detailed Summary & Background:
About a year ago, the Public Safety Department submitted a grant to the U.S. Army Corps of
Engineers (USACE, commonly referred to as "the Corps") for a pier gate to be installed on the south
breakwater arm at Pere Marquette Beach. After a long deliberation, the Corps has awarded the
grant to Muskegon. Before the grant agreement can be signed and the pier gate installed, the lease
the City holds with the Corps that allows us to make specific improvements to property owned by the
Corps (including parts of Pere Marquette, Margaret Drake Elliot and the Muskegon Lake Channel)
needs to be amended to allow the gate to be installed. The attached lease amendment will make
those modifications.
The Public Safety Department will work with the Corps to execute the grant, while DPW may assist
with the gate installation depending on contracting method. Staff anticipates that specifically
authorized Parks staff (such as a Park Ranger) may operate the gate under the direction of Public
Safety.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Recognizable improvements to community
safety
Amount Requested: Budgeted Item:
N/A Yes No N/A | X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A | X
Recommended Motion:
| move to approve staff to sign an amendment to the City’s lease of U.S. Army Corps of Engineers’
waterfront at Pere Marquette Beach to allow a pier gate to be installed.
Approvals: Guest(s) Invited / Presenting:
immediate Division
No
Head
Information
Technology
Other Division Heads
Communication
Legal Review
U.S. ARMY CORPS OF ENGINEERS
LEASE NO. DACW35-1-16-3003
DEPARTMENT OF THE ARMY
DETROIT DISTRICT, CORPS OF ENGINEERS
SUPPLEMENTAL AGREEMENT NO. 1
TO LEASE NO. DACW35-1-16-3003
CITY OF MUSKEGON, MICHIGAN
MUSKEGON HARBOR FEDERAL NAVIGATION PROJECT, MI
THIS SUPPLEMENTAL AGREEMENT NO. 1 is made and entered into
between the SECRECTARY OF THE ARMY, party of the first part,
hereinafter referred to as the Secretary or Government, and the
CITY OF MUSKEGON, MICHIGAN, party of the second part,
hereinafter referred to as the Lessee;
WITNESS ET A:
WHEREAS, on 17 December 2012, the Government granted to the
City of Muskegon, the above numbered agreement, for a period of
twenty-five (25) years beginning 1 October 2016 and ending 30
September 2041 at the Muskegon Harbor Federal Navigation
Project, MI, as more specifically described in said lease.
WHEREAS, The Lessee has requested to construct, maintain,
and operate a removable seasonal gate on the US South Breakwater
to deter pedestrian use in times of adverse weather conditions.
NOW THEREFORE, Lease no. DACW35-1-16-3003 is hereby amended
in the following respects, but in no others:
1. Condition No. 36 b. is amended by DELETING therefrom,
“USACE Grand Haven Resident Office. The point-of-contact for
coordination is Elizabeth Wilkinson, Resident Engineer
(telephone 616-240-7989) and can also be reached by email at
elizabeth.n.wilkinson@usace.army.mil.” and SUBSTITUTING in lieu
thereof, “U.S. Army Corps of Engineers’ Operations Project
Manager of the Grand Haven Office. The current Operations
Project Manager can be reached by phone at (616) 842-5510
x25523.”
2. ADDING Condition 36 j. ” The Lessee is authorized to
construct, operate, and maintain a gate on the U.S. South
Breakwaters. This removable gate may be used to deter pedestrian
access to the breakwater during times of inclement weather.”
3. ADDING Condition 36 k. “Appropriate safety measures must
Page 1 of 3
U.S. ARMY CORPS OF ENGINEERS
LEASE NO. DACW35-1-16-3003
be employed during all work or maintenance activities performed
by the Lessee. The Lessee activities must not degrade the
condition of the premises or cause interference with the
operations and maintenance of the Federal project, including
access to the Federal navigation structures.”
4. ADDING Condition 36 1. “USACE maintenance activities
require a minimum of a 60” wide opening to access the pier when
conditions allow. The exact placement, location and construction
will require coordination with and approval by USACE as outlined
in Condition No. 36 b.”
m. “In the event of construction or
5. ADDING Condition 36
maintenance on the U.S. South Breakwater by the Department of
the Army, the Permittee may be required to remove the gate until
completion of such actions.”
6. ADDING the attached Exhibit “D”, in its entirety, hereto
and made part of the lease.
EXCEPT for the revision above, the terms and conditions of
the lease shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand by
authority of the Secretary of the Army, this 27th
day of June , 2025
\
t signed by
SHELTON.ANDRE os
SHELTON.ANDREW.M.151639851
W.M.1516398511 Date:
| 2025.06.27 10:30:09 -04'00
Andrew M. Shelton
Chief, Real Estate Tech Branch
Real Estate Contracting Officer
Page 2 of 3
U.S. ARMY CORPS OF ENGINEERS
LEASE NO. DACW35-1-16-3003
The above instrument, together with all the conditions
thereof, is hereby accepted this 26th day of
June , 20 25
CITY OF MUSKEGON, MICHIGAN
. iyAff
(Signature)
Dan VanderHeide
{Printed Name)
Director of Public Works
(Title
June 26, 2025
Page 3 of 3
Sign up for City of Muskegon Emails