City Commission Packet 02-11-2020

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      CITY OF MUSKEGON
        CITY COMMISSION MEETING
         FEBRUARY 11, 2020 @ 5:30 P.M.
     MUSKEGON CITY COMMISSION CHAMBERS
    933 TERRACE STREET, MUSKEGON, MI 49440
                                 AGENDA
□      CALL TO ORDER:
□      PRAYER:
□      PLEDGE OF ALLEGIANCE:
□      ROLL CALL:
□      HONORS AND AWARDS:
    A. Success Story – Marquette Neighborhood-Enhanced Neighborhood Grant
□      PUBLIC COMMENT ON AGENDA ITEMS:
□      CONSENT AGENDA:
    A. Approval of Minutes     City Clerk
    B. Nelson Neighborhood Market Donation Proposal City Clerk
    C. Mobile Food Vending Ordinance Updates City Clerk
    D. Rescue Mission Property Transfer       Development Services
    E. 1601 Beach Lease Amendment             Development Services
    F. Paid Beach Parking      Planning
    G. Unruly Brewing Revolving Fund Application Economic Development
    H. Arena Change Order      City Manager
    I. Arena Wall Padding      City Manager
    J. MDEGLE Grant Agreement        City Manager
    K. Amendment to Wireless Communication Support Facilities Ordinance
       SECOND READING        Planning
    L. Rezoning of 372 Morris Avenue - SECOND READING         Planning
    M. 4th of July Fireworks   City Clerk
□   PUBLIC HEARINGS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:

                                          Page 1 of 2
    A. Arena Related Agreements                   City Manager
□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT ON NON-AGENDA ITEMS:
►      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 and address.
►      Limit of 3 minutes to address the Commission.
►      (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.




                                                       Page 2 of 2
Memorandum
To:      Mayor and Commissioners

From: Frank Peterson

Re:      City Commission Meeting

Date: February 11, 2020

Here is a quick outline of the items on our agendas:

Work Session:

      1. We will hear a presentation from MATS leadership regarding proposed changes to
         service. I have had a chance to review these with county leadership. At the end of the
         day, it will come down to cost and if/how it is funded. Our system is unique in that two
         of the cities (Muskegon and Muskegon Heights) have residents with greater need for
         service, but many of the commercial amenities that they need to visit via public transit
         are in the outlying areas (like the mall or Walmart and Meijer, which are collectively
         located in Fruitport, Norton Shores, and Roosevelt Park). It will make it very difficult to
         identify a “fair” way for local units of government to fund the service from their general
         funds. At the same time, the County is not in a financial position to cover all of those
         costs without dramatically reducing routes/service. I think we are going to find that this
         is a very expensive service for a relatively small user group. That doesn’t mean that it
         should not be funded, but we should look closely at how robust the service should be in
         light of the costs/benefits.
      2. Mike Franzak will be in attendance to present the final beach parking plan. Once
         Commissioners determine that they would like to move forward with the preferred
         vendor, staff will then draft an ordinance amendment that would allow for the parking
         fees to be implemented. We do feel comfortable that the program can be implemented
         by Memorial Day.
      3. Leo Evans will be in attendance to give an update on the Lead Service Line replacement
         requirements from the State of Michigan. One key piece of information that we learned
         over the past few weeks is that we must fund this program with usage fees. We cannot
         use special assessments. This is unfortunate to us as it shifts the cost to bill-payer vs the
         home owner – this is important in situations where a home is rented and the tenant pays
         the water bill. We will be requesting a departure from the current replacement schedule.
         The state-imposed schedule would require us to raise about $3 Million annually from rate
        payers for the next 20 years. We would like to stretch that to 80 years – costing only
        $750,000 annually. My guess is that we’ll likely not be authorized to stretch he program
        to 80+ years, but could see the program stretched to 40-60 years. Of note, we do not
        have a significant amount of known lead issue that can be substantiated directly to the
        service line network.
   4.   City Clerk will be presenting an update to the Mobile Food Vending Ordinance. The
        proposed change was triggered after a complaint was received about a food truck in the
        Lakeside Business District. Staff feels that this review will result in a better program city-
        wide.
   5.   Jake Eckholm will be in attendance to present the Economic Development Department’s
        Multi Family Housing Study.
   6.   Jake Eckholm will be in attendance to discuss three pending requests to access the City’s
        revolving loan fund. We would like to move forward with one request at the regular
        session and the other two at a meeting later this month.
   7.   Staff would like to discuss the opportunity and options to move additional development
        through on land adjacent to the Shoreline Inn.

Regular Session:

   1. Under Honors/Awards:
         a. Recognition of the hard work of Marquette Neighborhood Enhancement Grant
             team that worked to paint more than 100 fire hydrants in their neighborhood.
   2. Under the Consent Agenda, we are asking the Commission to consider the following:
         a. Approval of meeting minutes from the most-recent City Commission meeting.
         b. Approval of a donation proposal from Nelson Neighborhood.
         c. Approval of updates to the mobile food vending ordinance.
         d. Approval of the transfer of property to the Muskegon Rescue Mission for their
             proposed expansion.
         e. Approval of an amendment to the lease agreement with The Deck restaurant at
             Pere Marquette Park to accommodate their expansion.
         f. Approval of the vendor for payment kiosks at Pere Marquette Park and various
             launch ramps.
         g. Approval of revolving loan fund application with Unruly Brewing.
         h. Approval of the change order for Mercy Health Arena Restroom Renovations
         i. Approval of purchase of arena dasher board padding to accommodate West
             Michigan Ironmen.
         j. Approve of MDEGLE Grant Agreement related to environmental remediation at
             the Convention Center site.
         k. Approval of an amendment to the Wireless Communication Support Facilities
             ordinance to allow for a new tower to be installed at central fire station to
             accommodate Muskegon Central Dispatch’s conversion to 800 MHz. This is a
             second reading.
         l. Approval of the rezoning of 372 Morris Ave to accommodate the Foundry Square
             Development. Foundry Square is expected to be a mixed-use development that
             includes a hotel, family fun center, residential opportunities, offices, and retail
             over multiple phases. For perspective, this property is the large parking lot on
             Morris Street adjacent to the Social Security Administration building. This is a
             second reading.
   3. Under the New Business, we are asking the Commission to consider the following:
         a. Approval of the First Amendment to the Naming Rights and Sponsorship
             Agreement with Mercy Health, and the Third Amendment to the Shared Use
             Agreement with WC Hockey.

Let me know if you have any questions/comments/concerns



Frank
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: February 11, 2020         Title: Approval of Minutes

Submitted By: Ann Marie Meisch, MMC                Department: City Clerk

Brief Summary: To approve the minutes of the January 28, 2020 regular meeting.




Detailed Summary: N/A




Amount Requested: N/A                             Amount Budgeted: N/A

Fund(s) or Account(s): N/A                        Fund(s) or Account(s): N/A

Recommended Motion: To approve the minutes.




For City Clerk Use Only:


Commission Action:
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
          JANUARY 28, 2020 @ 5:30 P.M.
   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, MI at 5:30 p.m., Tuesday, January 28, 2020, Pastor
Wally Reames, Central Assembly, opened the meeting with a prayer, after
which the Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present:   Mayor Stephen J. Gawron, Commissioners Ken Johnson, Dan
Rinsema-Sybenga, Willie German, Jr., Teresa Emory, and Michael Ramsey, City
Manager Frank Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
Absent:     Vice Mayor Eric Hood
HONORS AND AWARDS:
   A. Success Story – Home Buyers Assistance Program
LeighAnn Mikesell, Development Services Director, gave an update regarding
the Homebuyers Assistance Grant Program. This program has been in place for
five years and is overseen by the Community and Neighborhood Services
Office. The program has assisted 68 households so far.
PUBLIC COMMENT ON AGENDA ITEMS:             No public comments were received.
2020-07     CONSENT AGENDA:
   A. Approval of Minutes     City Clerk
SUMMARY OF REQUEST: To approve the minutes of the January 13, 2020
Worksession meeting and the January 14, 2020 regular meeting.
STAFF RECOMMENDATION:         To approve the minutes.
   B. Special Event Liquor Licenses – 2020 City Clerk
SUMMARY OF REQUEST: The Muskegon City Clerk’s Office is organizing several
events for 2020 and is seeking City Commission approval to apply for a special
liquor license for beer, wine, and spirit service for the following events:
      June 19 & 20, 2020 – Taste of Muskegon at Hackley Park

                                        Page 1 of 4
      June 10, July 15, and August 19, 2020 – Food Truck Rallies at the Muskegon
      Farmers Market
      September 10, 2020 – Farm-to-Table Dinner at the Muskegon Farmers
      Market
Fees are $50 for each application.
STAFF RECOMMENDATION:            To authorize the City Clerk’s Office to apply for
special liquor licenses for 2020 events.
   D. Amendment to Wireless Communication Support Facilities Ordinance
      Planning
SUMMARY OF REQUEST: Request to amend Section 2321 of the Zoning
Ordinance to allow Wireless Communication Support Facilities as a special use
permitted in the overlay district at 770 Terrace Street.
The current ordinance only allows for these types of facilities in six locations
around the City. The Commission recently amended the ordinance last year to
allow for them at Marsh Field and the Filtration Plant. This new location would be
behind the Central Fire Station and would only include a monopole for
emergency communications. The Planning Commission unanimously
recommended approval at their January 16 meeting. They also voted in favor of
the special use permit for the monopole, contingent upon approval of this
amendment by the City Commission.
STAFF RECOMMENDATION:          To approve the request to amend Section 2321
of the Zoning Ordinance to allow Wireless Communication Support Facilities as a
special use permitted in the overlay district at 770 Terrace Street.
SECOND READING REQUIRED
   F. Railroad Crossing Agreement Public Works
SUMMARY OF REQUEST: Authorize the DPW Director to sign the agreement with
CSX for two (2) new water main crossings and abandoning one (1) water main
crossing of the railroad easement to provide service for Hartshorn Village.
The water main crossings are required to serve the planned Hartshorn Village
development along West Western Avenue. The license fees and installation
costs will be paid by the developer. City will retain ownership and future
responsibility for the water mains.
STAFF RECOMMENDATION:        Authorize the DPW Director to sign the
agreement with CSX for the water main crossings at Hartshorn Village.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to accept the consent agenda as presented, except items C, E, and G.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson, and
           Gawron

                                          Page 2 of 4
             Nays: None
MOTION PASSES
2020-08      ITEMS REMOVED FROM CONSENT AGENDA:
   C. 2020 User Fee Update      Finance
SUMMARY OF REQUEST: City Departments have reviewed and updated their
user fees and these have been incorporated into the Master Fee Resolution.
The fees that have been adjusted are as follows and are reflected in the
attached Master Fee Schedule.
   •   Cemetery fees have been adjusted
   •   Passport fees have been adjusted by the Federal Government
   •   New Wedding Reservation Fees have been added
   •   Engineering has adjusted several fees
   •   Marina (slip fees have been increased)
   •   Treasurer’s Office has increased the NSF fee
   •   Planning has increased the fees for tax incentive applications
STAFF RECOMMENDATION:           Approval of the 2020 Master Fee Resolution.
Motion by Commissioner Johnson, second by Commissioner German, to
approve the 2020 Master Fee Resolution with a correction to line 47, under
comments, to read “If more than 1 hour past scheduled burial time.”
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson, and
           Gawron
             Nays: None
MOTION PASSES
   E. Rezoning of 372 Morris Avenue           Planning
SUMMARY OF REQUEST: Staff initiated request to rezone the property at 372
Morris Avenue from Form Based Code, Downtown to Form Based Code,
Mainstreet.
The Planning Commission unanimously recommended approval at their January
16, 2020 meeting.
STAFF RECOMMENDATION:        To approve the request to rezone the property at
372 Morris Avenue from Form Based Code, Downtown to Form Based Code,
Mainstreet.
Motion by Commissioner German, second by Commissioner Johnson, to
approve the request to rezone the property at 372 Morris Avenue from Form
Based Code, Downtown to Form Based Code, Mainstreet.

                                          Page 3 of 4
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, and
           Ramsey
             Nays: None
MOTION PASSES
SECOND READING REQUIRED
   G. Water Filtration Plant – PM Agreement              Public Works
SUMMARY OF REQUEST: The communication tower is needed to install
communications equipment at the Water Filtration Plant. This will improve the
existing communications for remote operations via radio, telephone and
internet services by having a direct line of sight from the Filtration Plant to the
City Hall.
City of Muskegon would like to enter into an agreement with Maralat
Communications LLC to retain the project management services to oversee the
construction of communications tower. The services include getting all
prerequisite work performed that is necessary for obtaining permits, obtaining
services to design and build the tower at the Filtration Plant. The contract has
been reviewed by legal counsel. There will be additional contracts provided for
the construction costs once bids are obtained.
STAFF RECOMMENDATION:        Authorize staff to sign the agreement with
Maralat Communications, LLC.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to authorize staff to sign the agreement with Maralat Communications, LLC.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Ramsey, and
           German
             Nays: None
MOTION PASSES
PUBLIC COMMENT ON NON-AGENDA ITEMS:                      Public Comments were
received.
ADJOURNMENT: The City Commission meeting adjourned at 6:24 p.m.


                                               Respectfully Submitted,




                                               Ann Marie Meisch, MMC – City Clerk


                                           Page 4 of 4
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: February 11, 2020            Title: Nelson Neighborhood Market Donation
                                                      Proposal

Submitted By: Ann Meisch                              Department: City Clerk

Brief Summary: The Muskegon Farmers Market received a donation proposal from the Nelson
Neighborhood Association. The Association is proposing 5 annual donations of $1,000 beginning
April 1, 2020. They will install and maintain a sign promoting the efforts of the Nelson
Neighborhood Association, at their own expense.


This would be treated as a Branch-level Friend of the Market Sponsorship for the five years of the
commitment.



Detailed Summary:



Amount Requested: N/A                                Amount Budgeted: N/A

Fund(s) or Account(s):                               Fund(s) or Account(s):

Recommended Motion: To accept the proposed Friend of the Market annual sponsorship of $1,000
each year, for five years, from the Nelson Neighborhood Association.



Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: 02/11/2020                    Title: Mobile Food Vending Ordinance
                                                       Updates

Submitted By: Ann Meisch                               Department: City Clerk

Brief Summary: Interest in operating food trucks in the City has increased since the initial passage
of the Mobile Food Vending Ordinance in 2014. Staff has identified some language updates to
more effectively regulate mobile food vendors and areas they operate.



Detailed Summary:
The proposed amendments and new sections are marked in red on the attached draft ordinance.
There has also been interest expressed to staff that the allowable areas should be expanded to
include all commercial corridors. A draft resolution is included to expand the allowable areas.




Amount Requested: None                               Amount Budgeted:

Fund(s) or Account(s):                               Fund(s) or Account(s):

Recommended Motion: To amend Sections 50-303 and 50-304 and adopt Sections 50-305 and
50-306 of the Code of Ordinances of the City of Muskegon and adopt the resolution for mobile food
vending areas.




Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                   City of Muskegon
                           Resolution
                   Mobile Food Vending Areas

                                 2020-

WHEREAS; Chapter 50-304(a) of the Mobile Food Vending Ordinance states the
City Commission shall by resolution identify areas where parking by mobile food
vehicles/trailers/stands is permitted;

WHEREAS; the City Commission previously resolved that applications for mobile
food vending will be considered in the following areas: Sherman Blvd, Henry St,
Apple Avenue, Laketon Avenue, Getty Street as well as areas in the downtown
area as defined by the DDA map, business district, and industrial parks.

NOW THEREFORE BE IT RESOLVED, Applications for Mobile Food Vending
will be considered in all commercial corridors and industrial parks.


Adopted this 11th day of February 2020.




                                 _____________________________________
                                               Ann Meisch
                                               City Clerk
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: 2/11/2020                     Title: Rescue Mission Property Transfer

Submitted By: LeighAnn Mikesell                        Department: Development Services

Brief Summary: Staff is seeking approval of a quit claim deed to transfer property at 1747 7th Street
to the Muskegon Rescue Mission.

Detailed Summary: The Muskegon Rescue Mission would like to acquire remaining vacant land
behind the men’s shelter for expansion of the services they offer in our community. The concept
includes a community resource center, a job training facility, and family housing. The rescue
mission will be responsible to record the deed and obtain title insurance, a property survey,
environmental review, and soils investigation. Closing costs will be split between the parties. Staff
has prepared a quit claim deed to transfer the property to the MRM and request your approval of
the property transfer. The Planning Department will continue to work with MRM on the
development of the site plan.

Amount Requested: N/A                                 Amount Budgeted: N/A

Fund(s) or Account(s): N/A                            Fund(s) or Account(s): N/A

Recommended Motion:
Approve the transfer of property at 1747 7th Street to the Muskegon Rescue Mission and authorize
the mayor and clerk to sign the quit claim deed.

Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                                           QUIT-CLAIM DEED


KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a Michigan Municipal
Corporation, of 933 Terrace Street, Muskegon, Michigan 49440,

QUIT CLAIMS to MUSKEGON RESCUE MISSION, a Michigan Non-Profit Corporation, of 1691
Peck Street, Muskegon, Michigan 49441,

the following described premises situated in the City of Muskegon, County of Muskegon, State of
Michigan, to wit:

        CITY OF MUSKEGON REVISED PLAT OF 1903 PART OF BLOCKS 450 460 & LARCH
        AVENUE VACATED COMMENCING AT NORTHEAST CORNER BLOCK 460 FOR POINT
        OF BEGINNING THENCE NORTH 45.95 FEET THENCE WEST 186.7 FEET THENCE
        NORTH 64.3 FEET THENCE WEST 13.25 FEET THENCE NORTH 2.15 FEET THENCE
        WEST 148.72 FEET TO WEST LINE BLOCK 450 AT A POINT 303.27 FEET SOUTH OF
        NORTHWEST CORNER SAID BLOCK THENCE SOUTH TO NORTH LINE GRAND
        TRUNK RAIL ROAD RIGHT-OF-WAY THENCE SOUTHEASTERLY ALONG SAID
        RIGHT-OF-WAY TO EAST LINE BLOCK 460 THENCE NORTH TO POINT OF
        BEGINNING.

for the sum of One dollar ($1.00)

PROVIDED, HOWEVER, Grantee, or its assigns, shall obtain issued building permits for construction
within the premises herein conveyed within twenty-seven (27) months after the date hereof. In default of
such issued building permits, title to the premises shall revert to the City of Muskegon free and clear of
any claim of Grantee or its assigns. In addition, the City of Muskegon may retain the consideration for
this conveyance free and clear of any claim of Grantee or its assigns. In the event of reversion of title of
the above-described premises, improvements made thereon shall become the property of Grantor. These
covenants and conditions shall run with the land.

Subject to any easements, use, conditions and provisions of record, if any.

This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).

Dated this         day of __________________, 2020.

Signed in the presence of:                                         CITY OF MUSKEGON


                                                                   By___________________________
                                                                   Stephen J. Gawron, Its Mayor

                                                                  and___________________________
                                                                  Ann Marie Meisch, MMC, Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON

      Signed and sworn to before me in Muskegon County, Michigan, on _______________, 2020, by
STEPHEN J. GAWRON and ANN MARIE MEISCH, MMC, the Mayor and Clerk, respectively, of the
CITY OF MUSKEGON, a municipal corporation, on behalf of the City.

                                                           _______________________________________
PREPARED BY: Hope Mitchell                                 _______________________, Notary Public
City of Muskegon                                           Acting in the County of _________________,
933 Terrace St Rm 202                                      __________________________County, MI
Muskegon, MI 49440                                         My Comm. Expires: ___________________
Telephone: (231) 724-6760

WHEN RECORDED RETURN TO: GRANTEE                           SEND SUBSEQUENT TAX BILLS TO: GRANTEE
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: February 11, 2020            Title: 1601 Beach Lease Amendment

Submitted By: LeighAnn Mikesell                       Department: Development Services

Brief Summary: Staff is requesting approval of an amendment to the existing lease and option
agreements with 1601 Beach LLC to extend the boundary of the land being leased for The Deck at
Pere Marquette Park and to modify the area to which 1601 Beach LLC has an option and first right
of refusal to develop, lease, or purchase.



Detailed Summary: The owners of 1601 Beach LLC are planning an expansion to their restaurant,
The Deck. The expansion is south of the existing building and will include a patio and additional
bar space to accommodate more patrons. In order to proceed with the expansion, the lease
agreement needs to be modified to account for the additional land associated with the expansion.
The city took the opportunity to clarify the option area with the owners and make requested
adjustments.

Amount Requested: None                               Amount Budgeted: N/A

Fund(s) or Account(s): N/A                           Fund(s) or Account(s): N/A

Recommended Motion:
Approve the amendment to the lease and option agreement with 1601 Beach LLC at Pere
Marquette Park and authorize the mayor and clerk to sign.

Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: February 11, 2020              Title: Paid Beach Parking

Submitted By: Mike Franzak                              Department: Planning

Brief Summary: Staff is requesting approval to move forward with paid parking at the beach. The
request is to purchase 20 kiosks from Flowbird and to allow staff to draft the appropriate
ordinances to initiate paid parking requirements.




Detailed Summary:




Amount Requested:                                     Amount Budgeted:

Fund(s) or Account(s):                                Fund(s) or Account(s):

Recommended Motion: To approve staff to execute the purchaser order for the 20 Kiosks from
Flowbird as proposed and to direct staff to draft the appropriate ordinances to initiate paid parking
requirements at the beach.




Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                                       Paid Beach Parking


                                     Costs of Maintaining the Beach

Estimated City NET Investment in Operations (2016-17): $475,000
Equivalent Annual Cost to a Homeowner: .848 Mills


    •   Beach/Sand Operations and Maintenance (O&M)
    •   Parking Lot O&M
    •   Trash Clean Up and Removal
    •   Bath Houses (3) O&M
    •   Various Playgrounds O&M
    •   Boardwalk O&M (eventual repair)
    •   Police Beach Patrols (traffic/crowds)
    •   Misc. Equipment Costs
    •   Administration


                                             Payment Options

Paid parking has three options:


    •   Pay and Display – Pay a kiosk/attendant and display a pass on dashboard/window
    •   Pay and Enter – Pay Kiosk and enter license plate into kiosk
    •   Mobile – Enter license plate into mobile app


Muskegon should start with a Pay and Display method because of the lack of reliable mobile service at
the beach. Kiosks can be reprogrammed to Pay and Enter and Mobile methods at a later date. The City
has plans to enhance wireless reception in the next couple of years.

The Kiosk will dispense a daily pass that must be displayed on the dashboard. Yearly passes may be
purchased at the kiosk, however, they will be printed on the same type of card as daily passes and the
ink will eventually fade. These cards will need to be traded in for a yearly sticker. This can be done in
person at city hall or on a mobile site: https://www.muskegon-mi.gov/brp/

Customers will enter their pass number into the site and then they will be mailed a sticker. If they cant
read the pass number or lose it, they can enter in the last four digits of their credit card number.

Staff recommends 17 Kiosks for beach parking and 3 Kiosks for boat launch permits. The 17 beach
parking Kiosks will accept credit cards/coins and the 3 Kiosks for Boat Launch Permits will only accept
credit cards.
                                                Enforcement

The Police Department has recommended a “light enforcement” policy for the first couple of years while
utilizing the Pay and Display method. Summer interns can be used to make visual inspections of display
passes. Enforcement schedules will vary as not to become predictable. Enforcement efforts can ramp
up once we transition to Pay and Enter/Mobile Pay options. Those options will require equipment to
scan license plates (we already have one that is compatible with these systems).

                                             Projected Revenue

Staff recommends the following fee structure:

Daily pass (Sunday-Friday): $5
Daily pass (Saturday): $7
Yearly pass: $20
Resident pass: free

Please see the Parking Study that was conducted by the Police Department in 2017. It did not include
Sundays, but staff estimated 900 per day on Sundays. It is hard to estimate how many visitors to expect
throughout the entire season and it is even harder to estimate how many are local/visitors. Staff
estimated very conservative figures by taking the average parking counts from the peak hours on each
day and totaling them over 15 weeks (Memorial Day to Labor Day). Staff estimates that the beach could
see about 65,648 visitors and that about 49,236 (75%) of them will be visitors. Since yearly passes will
result in an average fee of less than $5 per visit, staff conservatively estimates that each visit could result
in a $2.50 fee. 49,236 x $2.50 = $123,090 per year

Estimated Fees collected: $123,090 per year from just the peak times of the day.

Estimated Costs: $169,510 total first year cost (kiosk purchase, monthly back office data,
enforcement/finance intern). $15,900 yearly cost for back office data/enforcement/permit refills.
    •   Kiosk purchase: $152,460 total
    •   Monthly back office data fee: ($45 each x 20 kiosks x 4 months) + ($25 each x 20 kiosks x 8
        months) = $7,600 per year
    •   Enforcement: 2 interns x $14/hr x 15 hrs/week x 15 weeks= $6,300 per year
    •   Finance intern: 1 intern x $14/hr x 15 hrs/week x 15 weeks= $3,150 per year. Intern will be
        responsible for mailing yearly permit stickers and other parking related duties.
    •   Refill Permit cards/on street parking passes/ resident stickers: $2,000 per year
    •   Staff time: One staff to collect coins once per week or every other week. Front office staff time
        dedicated to distributing resident passes.


Using conservative numbers during peak time usage only:

Estimated Fees Collected: $123,090 per year

Estimated Costs: $169,510 kiosks plus first year back office data/enforcement/finance intern/stickers
Payback: 1.37 years

Projected Yearly Revenue: $104,040

*Estimates do not take into account enforcement ticket fees generated, off-peak time fees collected, or
boat launch fees collected.
                                        Free Resident Parking

Residents can come to City Hall to request a free yearly parking sticker. Proof of vehicle registration is
required. Staff recommends two free passes per household per year.

Staff also recommends providing the residents near the beach with street parking passes that will allow
them to park on the neighborhood streets that will otherwise be marked as “no parking.”


                                                 Timeline


8-12 week installation period after purchase order is initiated.
Proposed Kiosk Locations
Closer look near the ovals
                                        Beach Parking Statistics

     Parking Areas        Total parks          Mon              Mon              Tues              Tues
                                               7/27             8/3              7/28               8/4

                                        12pm   2pm    4pm 12pm 2pm 4pm 12pm      2pm    4pm 12pm   2pm    4pm
Kruse Park South         61+ dirt       39     57     49   14   33    28   35    68     55   13    32     34
                         space

Kruse Park North         145            2      9      5    4    4     6    2     3      6    1     5      4
Water Filtration(Beach   120            68     111    104 26    51    48   100   112    89   35    64     54
St. South)

Pere Marquette Parking   106            6      51     58   23   31    18   23    79     61   16    20     24
Lot South

Beach St.-Wilcox Ave.    88             15     54     54   10   15    20   10    47     43   8     15     17
to Beach St-Ohio Ave.

Pere Marquette Parking   150            14     47     30   11   22    16   12    30     35   13    14     11
Lot(across from Snack
Shop)

Pere Marquette Beach     230            90     157    153 60    92    70   91    145    112 50     76     70
area Parking

The Deck Restaurant      No defined     13     14     12   8    11    9    15    12     111 6      6      10
Parking                  parks
Margaret Drake-Elliott   30             2      1      4    5    2     4    6     5      2    2     1      2
South street parking
                                      Beach Parking Statistics


                                           9    8   7    9   7    22   11   17   10   4    9
Margaret Drake-Elliott   61
North Parking Lot
                                      11

Coast Guard              68           15   12   5   11   5   6    8    6    8    5    6    8
Muskegon Lake            124          11            3    5   16   13   26   38   11   19   18
Muskegon Channel         No defined   10            3    3   6    5    3    3    5    8    2
Fulton Parking           parks
Muskegon Channel         No defined   0             2    2   0    6    7    7    4    6    6
Fulton-Channel Parking   parks
                                                  Beach Parking Statistics

   Parking Areas          Total            Wed                 Wed                 Thurs                Thurs
                          parks            7/22                7/29                 7/23                 7/30

                                    12pm   2pm    4pm   12pm   2pm    4pm   12pm   2pm     4pm   12pm   2pm     4pm

Kruse Park South         61+ dirt   17     34     30    14     21     28    27     36      35    25     37      33
                         space
Kruse Park North         145        4      7      4     16     4      4     4      9       13    4      6       6
Water Filtration(Beach   120        40     83     63    16     35     53    55     100     79    63     110
St. South)

Pere Marquette           106        25     36     25    4      14     16    7      27      31    27     58      38
Parking Lot South

Beach St.-Wilcox Ave.    88         9      25     22    12     11     16    11     30      35    11     37      33
to Beach St-Ohio Ave.

Pere Marquette           150        5      22     22    3      6      12    9      18      19    5      27      29
Parking Lot(across
from Snack Shop)

Pere Marquette Beach     230        75     113    97                        85     162     106
area Parking
                                                        63     91     118                        102    60      106
                         No         11     10     11    9      8      16    10     14      17    16     15      13
                         defined
The Deck Restaurant      parks
Parking

Margaret Drake-Elliott   30         3      5      4     3      5      5     3      10      3     2      2       5
South street parking
                                             Beach Parking Statistics

Margaret Drake-Elliott   61        11   9    8   22   17   18   20   16   19   16   20   10
North Parking Lot

Coast Guard              68        15   12   5   6    7    3    8    8    12   4    4    1
Muskegon Lake            124       11            5    17   13   11   28   31   7    24   22
Muskegon Channel         No        10            7    4    5    2    9    1    2    5    6
Fulton Parking           defined
                         parks
Muskegon Channel         No        0             2    3    4    2    5    3    2    4    3
Fulton-Channel           defined
Parking                  parks
                                            Beach Parking Statistics

      Parking Areas            Total              Fri                 Fri                Sat                Sat
                               parks             7/31                8/14                8/1                8/15

                                        12pm    2pm     4pm   12pm   2pm    4pm   12pm   2pm   4pm   12pm   2pm    4pm

Kruse Park South             61+ dirt   20      45      47                        Full   Full Full
                             space                                                +13    +13 +14
Kruse Park North             145        11      2       14                        84     93    80
Water Filtration(Beach St.   120        59      100 95                            54     120 109
South)

Pere Marquette Parking       106        21      53      39                        54     106 109
Lot South

Beach St.-Wilcox Ave. to     88         6       34      38                        28     98    78
Beach St-Ohio Ave.

Pere Marquette Parking       150        10      29      28                        31     118 150
Lot(across from Snack
Shop)

Pere Marquette Beach         230
area Parking
                                        72      157 153                           147    224 288
The Deck Restaurant          No         12      13      19                        24     76    76
Parking                      defined
                             parks
Margaret Drake-Elliott       30         3       2       4                         19     30    32
South street parking
                                       Beach Parking Statistics

Margaret Drake-Elliott   61        10      12   9                 18   73   Full
North Parking Lot
                                                                            +13
Coast Guard              68        1       0    1                 9    36   45
Muskegon Lake            124       8       25   25                8    41   62
Muskegon Channel Fulton No         0       6    4                 3    7    5
Parking                 defined
                         parks
Muskegon Channel         No        3       6    7                 6    7    24
Fulton-Channel Parking   defined
                         parks
                                           Beach Parking Statistics

    The city of Muskegon did a study on how and when the parking structures close to Pere Marquette Beach were utilized. The
study was conducted by a person(s) going out and counting each parking structure starting from Kruse Park north to Muskegon
Lake. The parking structures include:
    • Kruse Park North: 61 + parking available in the dirt area behind gate
    • Kruse Park South: 145(where the pavilions and playground are located)
    • Water Filtration Plant(Beach St. South):120
    • Pere Marquette Parking Lot South: 106
    • Beach St.-Wilcox Ave. to Beach St.-Ohio Ave: 150
    • Pere Marquette Parking Lot North(across from Snack Shop):150
    • Pere Marquette Beach Parking: 230
    • The Deck Restaurant Parking: no defined parks
    • Margaret Drake-Elliott South street parking: 30
    • Margaret Drake-Elliott North Parking Lot: 61
    • Coast Guard: 68
    • Muskegon Channel Fulton Parking: no defined parks
    • Muskegon Channel Fulton-Channel Parking: no defined parks
    • Muskegon Lake: 124

    The person(s) conducting the study used a clicker and excel sheet to document how many cars were in each structure during the
times: 12pm, 2pm, and 4pm. The experimenter also used the clicker to count how many parks there were in each parking structure.
The study was performed at least two of the same days in different weeks. The dates the study was conducted were:
    • Mondays, July 27th and August 3rd
    • Tuesdays, July 23 and August 4th
    • Wednesdays, July 22nd and July 29th
    • Thursdays, July 23rd and July 30th
    • Friday, July 31st
    • Saturday, August 1st
                                             Beach Parking Statistics

    During the experiment the experimenter(s) also documented who were city of Muskegon residents and who were non-city
residents. Some of the responses the experimenter(s) received were Detroit, Commerce, Avon Lake, Mount Pleasant, San Diego,
Seattle, Big Rapids and Grand Rapids. One of the experimenters documented during one of the Saturday dates that there were 32
city residents and 99 non-city residents visiting the beach. This data was collected by working the pier.
        Experimenters documented the state of the weather during some of the visits. They noticed that on the days when waves
were really high and it was very dark and gloomy outside, the beach attendance was low. They noticed that on days it was really hot,
the beach attendance was much higher. On the weekend dates, the beach and park areas were extremely busy due to hot weather,
family reunions and other social activities and events. During the weekdays, there were a lot of retired families and adult foster care
homes having picnics. Experimenters also noticed that during lunch hours a lot of visitors visited the parks and beaches to read
books and newspapers, take naps and walk the pier and harbor. There was a lot of traffic in The Deck Restaurant Parking Lot due to
people going there for lunch.
    The experimenters took notes on what could be advantages and disadvantages of charging non-city residents to park in the beach
area. Some advantages are a lot of non-city residents do visit our beach and they visit from all over the country. Pere Marquette is one
of the best beaches in the Midwest. Some disadvantages or concerns the experimenters had were the parking structures need some
kind of labeling to identify which parking structure belongs to what park/beach area. The city of Muskegon should talk to other cities
around the area and see how they feel about the charging of beach parking. Some other concerns were how would you work out
charging to park in the Kruse Park and Margaret Drake-Elliot Parking areas and not charge for the other public parks around the city.
How will the city avoid city residents sharing their passes with other county residents? There should be a community/town hall meeting
held to discuss the charging of the beach and parks. How will the city accommodate the people who just want to come to The Deck
Restaurant, will their parking be validated? If the charging of the parking structures are approved how will you keep up with the upkeep
of each parking structure? There is a lot of maintenance that needs to be done to some of the parking structures like lines being
repainted, sand removal and adding lines to structures that do not have definite parking spaces. Will the charging of the beaches make
people not want to attend Muskegon beaches at all because Ludington and other beaches around the state are free? A lot of people
expressed that they attended Muskegon beaches because they were free.
Sales Quote - Muskegon MI                                                              January 22, 2020

Contact : Mike Franzak

StradaPAL Cashless
(Accepts coins and credit card)
Includes:
  Solar Power Operation w/Autonomous Battery
  Color Display
  Coin Acceptor/Validator
  Credit/Debit Card Reader
  Modem and Antenna Kit
  Includes 1 coin canister
  Thermal Graphic Printer w/Self Sharpening Receipt Cutting Blade
  1 Roll of Paper
  Personalized Software Including Programming and Testing
  Instructional Graphics and Personalized Rate Plate
  Multi Lingual Button
  Increment and Max Buttons for Credit Card Payments
  Credit Card Software and Parkfolio License Fees
  Limited One Year Warranty
                                                                            QUANTITY      PRICE           TOTAL
StradaPAL Cashless                                                             3           $5,895            $17,685

                                                                    TOTAL      3           $5,895            $17,685

Recommended Options                                                         QUANTITY      PRICE           TOTAL
Installation, Travel & Training                                                3             $650             $1,950

                                       TOTAL Recommended Options                                              $1,950

                                             TOTAL Including Options           3                             $19,635

Note: Site preparation is not included in this quote.

Page 1 of 2 pages
BOS Management Fees
myParkfolio Back-Office Software Management System                                              Monthly Total
Includes:                                                                           3     $45            $135
2 way wireless connectivity
Wireless airtime fees
On-line access to hosted secure server
Processing and storage of all transactions, maintenance, alarms, & statistic.
Database space
PCI Level 1 Certified real-time credit card authorization account set-up and management
Secure user rights management

Back Office Options:




Please send questions to:
Ed Kinkade
Business Development Manager
Parkeon
40 Twosome Drive, Suite 7, Moorestown, NJ 08057
Phone: 856-234-8000 x 230
Email [email protected]

Page 2 of 2 pages
Sales Quote - Muskegon MI                                                              January 30, 2020

Contact : Mike Franzak

StradaPAL Rapide
(Accepts coins and credit card)
Includes:
  Solar Power Operation w/Autonomous Battery
  Color Display
  Coin Acceptor/Validator
  Credit/Debit Card Reader
  Modem and Antenna Kit
  Includes 1 coin canister
  Thermal Graphic Printer w/Self Sharpening Receipt Cutting Blade
  1 Roll of Paper
  Personalized Software Including Programming and Testing
  Instructional Graphics and Personalized Rate Plate
  Multi Lingual Button
  Increment and Max Buttons for Credit Card Payments
  Credit Card Software and Parkfolio License Fees
  Limited One Year Warranty
                                                                            QUANTITY      PRICE           TOTAL
StradaPAL Rapide                                                               17          $6,995           $118,915

                                                                    TOTAL      17          $6,995           $118,915

Recommended Options                                                         QUANTITY      PRICE           TOTAL
Installation, Travel & Training                                                17            $650            $11,050
Mobile Coinbox (for collections)                                               10            $286             $2,860

                                       TOTAL Recommended Options                                             $13,910

                                             TOTAL Including Options           17                           $132,825

Note: Site preparation is not included in this quote.

Page 1 of 2 pages
BOS Management Fees
myParkfolio Back-Office Software Management System                                              Monthly Total
Includes:                                                                           17    $45            $765
2 way wireless connectivity
Wireless airtime fees
On-line access to hosted secure server
Processing and storage of all transactions, maintenance, alarms, & statistic.
Database space
PCI Level 1 Certified real-time credit card authorization account set-up and management
Secure user rights management

Back Office Options:




Please send questions to:
Ed Kinkade
Business Development Manager
Parkeon
40 Twosome Drive, Suite 7, Moorestown, NJ 08057
Phone: 856-234-8000 x 230
Email [email protected]

Page 2 of 2 pages
                           WWW.FLOWBIRD.GROUP




Strada
Pay Station
CONNECTED KIOSK OFFERING
ADVANCED CLOUD SERVICES
Technical Specifications
KEY                                       CUSTOMIZABLE                               LARGE COLOR                            FLOWBIRD
HIGHLIGHTS                                CAPACITIVE KEYBOARD                        SCREEN                                 CLOUD-SYSTEM




 GENERAL DESIGN

 M AT E R I A L                            Anti-corrosive steel

 SIZE                                      (HxWxD) 65.90” x 18.70“ x 14.92”

 WEIGHT                                    198.42 lb

 T E M P E R AT U R E / H U M I D I T Y    -13°F to +131°F / up to 95% relative humidity at 131°F

 COLOR                                     Sterling Grey, Titanium Grey, Moss Green, Magic Blue, or Jet Black

 COMPLIANCE                                EN 12414 / CE marking

 U S E R I N T E R FA C E
                                           •	 7” color LCD TFT monitor with LED back lighting, 262,144 colors
                                              (Monitor dimensions: 5.98” x 3.58”; Monitor resolution: 800 x 480 pixels)
 D I S P L AY O P T I O N S
                                           •	 Greyscale graphic LCD module
                                              (Module dimensions: 4” x 2.75”; Module resolution: 160 x 80 dots)
                                           •	 3 standard versions (Pay&Display / PayByPlate / PayBySpace)
 C A PA C I T I V E K E Y B O A R D
                                           •	 Customization on demand
 PAY M E N T O P T I O N S
                                           •	 Patented motor-driven coin selector: Max. 14 types of coins or tokens (programmable)
 COIN SELECTOR                             •	 Automatic opening upon coin insertion
                                           •	 Multi-criteria coins identification
                                           •	 Cashcode SM/MSM backload validator
 B A N K N OT E AC C E P TO R
                                           •	 4-way acceptance
 CONTACT & CONTACTLESS                     Smartcards & bank cards, EMV 2000, PCI-PED, UKCC, Mifare®, ISO 14443, NFC

 OT H E R                                  Cashless configuration available

                                           •	 Transfer: Fixed cashbox with removable canister: 3.31 lb empty; approx. 48.5lb full/5.8 l
                                           •	 Rapide: Exchangeable cashbox: 3.53 lb empty; approx. 43.21 lb full / 4.6 l
 COLLECTION
 (2 Patented Methods Available)                 ‑‑ Bank Note Acceptor (optional) - separate exchangeable cashbox & stacker
                                                  •	 Coins: 6.03 lb empty; approx 24.91 lb full of 2,000 quarters / 3.5 l
                                                  •	 Bill stacker: 1,000 bills

 P O W E R S U P P LY                      Solar or Mains
                                           •	 Money storage EN 14450 Level 2 certified
 SECURITY                                  •	 Attack detection
                                           •	 Additional shieldings and security enhancements
                                           •	 Thermal graphic printer: Horizontal or vertical printing, Text and logo, 203 dots per
                                              inch per line, 448 dots per column
 TICKET                                    •	 Paper or self-adhesive tickets
                                                ‑‑ Without BNA option: standard format (w x l) 2.36” x 2.75” - cap. up to 6,500 tickets
                                                ‑‑ With BNA option: 4” minimum length - capacity up to 4,500 tickets
 C O M M U N I C AT I O N S                4G modem, Ethernet

 ENVIRONMENT                               More than 95% recyclable (ISO 22628) / European directives - RoHS and WEEE


© 2018 FLOWBIRD GROUP. ALL RIGHTS RESERVED. 0003-01.
DUE TO CONTINUAL PRODUCT DEVELOPMENT, SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: 2/10/2020                      Title: Unruly Brewing Revolving Fund
                                                        Application

Submitted By: Jake Eckholm                              Department: Economic Development

Brief Summary: A recommendation to the City Commission to approve an economic development
loan for Unruly Brewing

Detailed Summary:
Unruly Brewing has finished their mass production system and started brewing for large scale
kegging distribution. However, their distributors and their cash flow projections indicate that they
should also build out and begin production on a canning system so that they can enter the retail
space to avoid some of the negative market forces that have recently been impacting micro-
breweries across the state. They have exhausted their ability to privately finance this portion of the
project and are requesting a loan from the City’s Economic Development Revolving Fund.

Amount Requested: $80,000                             Amount Budgeted: N/A (Capital Fund)

Fund(s) or Account(s): Economic                       Fund(s) or Account(s): N/A (Capital Fund)
Development Revolving Fund

Recommended Motion: Motion to approve the terms and documents of the loan to Unruly Brewing
in the amount of $80,000 as presented.

Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                                  TERM LOAN AGREEMENT

       This Agreement is made on ______________, 2020 (“Effective Date”), between Unruly
Brewing, LLC, a Michigan limited liability company, of 360 W. Western Ave., Muskegon,
Michigan 49440 (“Borrower”), and the City of Muskegon, a Michigan municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440 (“City”), with reference to the following facts:

                                         Background

       A.      Borrower has requested a term loan of $80,000.00 for the purpose of installing a
canning line to its beer production facility, which is located at 2221 Lemuel Street, Muskegon
Heights, Michigan 49444.

        B.     The City has agreed to make the loan subject to the terms and conditions set
forth below.

       Therefore, for good and valuable consideration, the parties agree as follows:

       1.      Conditions of loan.

              a.       The Loan. The City agrees to make a loan to Borrower of $80,000.00
       subject to the following conditions:

                      i.     Fulfillment of all conditions contained in Section 3;

                      ii.    The Loan Agreement must be closed on or before August 1, 2019.

                      iii.  Delivery to the City of a promissory note (“Note”) in form and
               substance acceptable to the City, a copy of which is attached as Exhibit A; and

                       iv.    At the time of borrowing no Event of Default as defined in Section
               7 exists and no event exists which with notice and/or the passage of time could
               become an Event of Default.

               b.      Payments. The principal amount of the Note shall be payable in monthly
       installments of $1,603.04, each to be paid on the 1st of each month, beginning on March
       1, 2020, and continuing until Februart 1, 2025, when the entire balance of principal and
       interest shall be due and payable in full.

               c.     Interest. The Note shall bear interest on the outstanding balance at the
       rate of 7.50% per annum.

               d.     Prepayments. The Borrower may at any time prepay without penalty all
       or any portion of the principal, and any such payments shall be applied to the principal
       installments last coming due.

       2.      Security.

              a.     Security Agreement. To secure the full and timely performance of
       Borrower’s covenants set out in this Agreement and to secure the repayment of the
       loans and advances made and to be made (the “Indebtedness”), Borrower agrees to
       execute and deliver to the City a security agreement (“Security Agreement”) in form and

                                               1
       substance satisfactory to the City, a copy of which is attached as Exhibit B, giving the
       City a valid lien and security interest in the personal property described in the Security
       Agreement.

             b.      Personal Guaranty. As additional security, Jeff Jacobson, and any other
       member of Unruly Brewing, LLC, will jointly and severally personally guarantee
       repayment of the Indebtedness, as well as any members of successor entities of Unruly
       Brewing, LLC.

        3.      Conditions Precedent to Obligations of City. The obligations of the City under
this Agreement are subject to the occurrence, prior to or simultaneously with the Borrower’s
receipt of the loan of each of the following conditions, any or all of which may be waived in
whole or in part by the City in writing:

               a.      Documents Executed. Borrower shall have executed and delivered to
       the City all documents required to consummate this transaction.

               b.       Hazard Insurance. Borrower shall have furnished to the City, in a form
       satisfactory to the City, hazard insurance policies, with loss payable clauses in favor of
       the City as its interest appears, relating to the properties of Borrower described in
       Section 2, in an amount equal to the full replacement cost of such properties.

              c.     Personal Guarantee. Jeff Jacobson shall execute and deliver to the City
       an agreement of guarantee of the Indebtedness (“Personal Guaranty”) in form and
       substance satisfactory to the City, a copy of which is attached as Exhibit C.

               d.      Certified Resolutions. Borrower shall have furnished to the City a copy
       of the resolution of Borrower authorizing the execution, delivery, and performance of this
       Agreement, the borrowing of $80,000.00 from the City, the Note, and any other
       documents contemplated by this Agreement.

                e.      Certificate of Good Standing. Borrower shall have furnished to the City
       a certificate of good standing from the Michigan Department of Commerce with respect
       to the Borrower, as of a recent date.

        4.       Warranties and Representations. Borrower represents and warrants to the
City that, as of the date of the borrowing:

               a.     Corporate Existence and Power. Borrower represents and warrants
       that:

                      i.     Borrower is duly organized, validly existing, and in good standing
               under the laws of the State of Michigan;

                       ii.    Borrower has the power and authority to enter into and perform its
               obligations under this Agreement; and

                      iii.    The Agreement, the Note, the Security Agreement, the Personal
               Guaranty, and all other documents referred to in this Agreement, when executed
               on behalf of Borrower will be valid and binding obligations of Borrower, legally
               enforceable in accordance with their terms.


                                                2
               b.     Actions, Suits, or Proceedings. There are no actions, suits, or
       proceedings, and no proceedings before any arbitrator or by or before any governmental
       commission, board, bureau or other administrative agency, pending, or, to the best of
       Borrower’s knowledge, threatened, against or affecting Borrower or any properties or
       rights of Borrower which, if adversely determined, could materially impair the right of
       Borrower to carry on business substantially as now conducted or could have a materially
       adverse effect upon the financial condition of Borrower.

               c.       No Liens, Pledges, Mortgages or Security Interests. Except for liens
       of the City, none of Borrower’s assets are subject to any mortgage, pledge, lien, security
       interest or other encumbrance of any kind or character, except the security interest of
       the parties listed on Exhibit B in the personal property of Borrower described in Section 2
       pursuant to the Security Agreement.

                d.       Accounting Principles. Balance sheets, earning statements, and other
       financial data are furnished to the City, for the purposes of, or in connection with this
       Agreement and the transactions contemplated by this Agreement have been prepared in
       accordance with generally accepted accounting principles, consistently applied and do
       or will fairly present the financial condition of the Borrower as of the dates, and the
       results of their operations for the period, for which the same are furnished to the City.

             e.      Conditions Precedent. As of the date of this Agreement, all conditions
       precedent referred to in Section 3 have been satisfied.

         5.     Affirmative Covenants. Until the principal and interest on the Note is paid in
full, Borrower covenants and agrees that it will:

               a.       Annual Financial Reports. Furnish to the City, in form satisfactory to
       the City, not later than 90 days after the close of each fiscal year of Borrower, beginning
       with Borrower’s fiscal year ending December 31, 2019, a balance sheet as of the close
       of each such fiscal year, statements of income and retained earnings and changes in
       financial position for each such year, and such other comments and financial details as
       are usually included in similar reports. The reports shall be prepared in accordance with
       generally accepted accounting principles consistently applied.

               b.      Adverse Events. Promptly inform the City of the occurrence of any
       Event of Default or of any event which, with notice and/or the passage of time would
       become an Event of Default, or of any occurrence which has or could reasonably be
       expected to have a materially adverse effect upon Borrower’s business, properties,
       financial condition or ability to comply with its obligations under this Agreement.

               c.     Other Information Upon Request. Promptly furnish to the City such
       other information regarding the operations, business affairs, and financial condition of
       Borrower as the City may reasonably request from time to time and permit the City and
       its employees, attorneys and agents, to inspect all of the books, records, and properties
       of Borrower at any reasonable time.

              d.      Non-Discrimination. Ensure that no person in the United States shall on
       the grounds of race, creed, color, national origin or sex be excluded from participating in,
       be denied the benefits of, or be otherwise subject to discrimination in connection with
       Borrower’s activities as recipient of the financial assistance provided by this Loan.


                                                3
              e.      Insurance. Keep its insurable properties adequately insured and
       maintain:

                      i.     insurance against fire and other risks customarily insured against
               by businesses engaged in the same or similar activities as that of Borrower;

                      ii.     necessary worker’s compensation insurance;

                      iii.    public liability and product liability insurance; and

                     iv.     such other insurance as may be required by law or as may be
               reasonably required in writing by the City.

         All such insurance shall be in amounts, contain terms, in a form, for such purposes and
written by such companies as may be satisfactory to the City. Borrower will deliver to the City,
at its request, evidence satisfactory to the City that such insurance has been procured and
showing the City as additional insured or loss payee, as the case may be.

              f.     Affirmative Action Program. Comply with all applicable Affirmative
       Action Programs, if any, approved by the City of Muskegon.

               g.      Maintain Business Entity and Property. Do or cause to be done all
       things necessary to preserve and keep in full force and effect its own existence, rights
       and franchises and comply with all applicable laws; continue to conduct and operate its
       business substantially as conducted and operated during the present and preceding
       calendar year; at all times maintain and preserve all of the remainder of its property used
       or useful in the conduct of its business and keep the same in good repair, working order
       and condition, and from time to time make, or cause to be made, all needed and proper
       repairs, renewals, replacements, betterments and improvements thereto so that the
       Borrower’s business may be properly and advantageously conducted at all times.

               h.       Use of Loan Proceeds. Use the proceeds of the loan for the purpose
       set forth in the Background to this Agreement.

         6.     Negative Covenants. From the date of this Agreement until the Note is paid in
full, Borrower covenants and agrees that Borrower will not, without the prior written consent of
the City:

                a.     Liens. Create, incur, assume, or allow to exist any mortgage, pledge,
       encumbrance, security interest, lien, or charge of any kind (including any charge upon
       property purchased under a conditional sale or other title retaining agreement) upon any
       of its property or assets, whether now owned or hereafter acquired, other than in favor of
       the City, except: (i) as required or permitted in this Agreement; (ii) liens for taxes not
       delinquent, or being contested in good faith, and, if requested by the City, bonded in a
       manner satisfactory to the City; and (iii) liens not delinquent created by statute in
       connection with worker’s compensation, unemployment insurance, social security, and
       similar statutory obligations.

                 b.      Indebtedness. Incur, create, assume, or permit to exist any
       indebtedness or liability on account of deposits or advances or any indebtedness or
       liability for borrowed money, or any other indebtedness or liability evidenced by notes,
       bonds, debentures, or similar obligations, indebtedness required or permitted under this

                                                 4
Agreement or indebtedness subordinated to the prior payment in full of Borrower’s
Indebtedness to the City upon the terms and conditions approved in writing by the City.

        c.        Extension of Credit. Make loans, advances or extensions of credit to
any Person, except for sales on open account and in the ordinary course of business.
For the purpose of this Agreement, the word “Person” means any individual, corporation,
limited liability company, partnership, trust, unincorporated association, joint stock
company, or other entity.

       d.      Guarantee Obligations. Guarantee or otherwise in any way become or
be responsible for obligations of any other Person, whether by agreement to purchase
the indebtedness of any other Person, or agreement for the furnishing of funds to any
other Person through the purchase of goods, supplies, or services (or by way of stock
purchase, capital contribution, advance, or loan) for the purpose of paying or discharging
the indebtedness of any other Person, or otherwise, except for the endorsement of
negotiable instruments by Borrower in the ordinary course of business for collection.

      e.      Subordinate Indebtedness. Subordinate any indebtedness due
Borrower from any Person to the indebtedness of other creditors of the obligor.

       f.      Sale of Assets. Sell, lease, or otherwise dispose of any of its assets
except in the ordinary course of business.

       g.       Merger. Enter into any merger, consolidation, reorganization, or
recapitalization or purchase or otherwise acquire all or substantially all of the assets of
any other Person.

        h.     Compensation. Without the prior written consent of the City, permit the
compensation of any manager, member, or proprietor to be excessive, taking into
consideration the financial circumstances of Borrower and the position and qualification
of the Person.

7.     Default.

       a.      Events of Default. Should any of the following events (an “Event of
Default”) occur, Borrower shall be in default under this Agreement:

              i.      Misrepresentation. If any warranty or representation of Borrower
       in connection with or contained in this Agreement, or if any financial data or other
       information now or later furnished to the City by or on behalf of Borrower, shall
       prove to be false or misleading in any material respect;

              ii.    Failure to Pay Monies Due. If any principal of or interest on the
       Indebtedness shall not be paid within ten days after the same becomes due;

              iii.    Noncompliance with City Agreement. If Borrower shall fail to
       perform any of its obligations and covenants hereunder, or shall fail to comply
       with any of the provisions of this Agreement or any other agreement with the City
       to which it may be a party;

               iv.     Other Defaults. If Borrower shall default in the due payment of
       any of its indebtedness (other than the Indebtedness) or in the observance or

                                          5
       performance of any term, covenant, or condition in any agreement or instrument
       evidencing, securing, or relating to such other indebtedness, and such default
       shall be continued for a period sufficient to permit acceleration of such
       indebtedness;

              v.       Judgments. If there shall be rendered against Borrower one or
       more judgments or decrees involving an aggregate liability of $10,000.00 or
       more, which has or have become nonappealable and shall remain undischarged,
       unsatisfied by insurance and unstayed for more than 20 days, whether or not
       consecutive; or if a writ of attachment or garnishment against the property of
       Borrower shall be issued and levied in an action claiming $10,000.00 or more,
       and not released or appealed and bonded in a manner satisfactory to the City;

                vi.     Business Suspension, Bankruptcy, Etc. If Borrower shall
       voluntarily suspend transaction of Borrower’s business or make a general
       assignment for the benefit of creditors; or shall be adjudicated a bankrupt; or
       shall file a voluntary petition in bankruptcy or for a reorganization or to effect a
       plan or other arrangement with Borrower’s creditors; or shall file an answer to a
       creditor’s petition or other petition against Borrower (admitting the material
       allegations thereof) for an adjudication in bankruptcy or for a reorganization; or
       shall apply for or permit the appointment of a receiver, trustee, or custodian for
       any substantial portion of the properties or assets of Borrower; or if any order
       shall be entered by any court approving an involuntary petition seeking
       reorganization; or if a receiver, trustee, or custodian shall be appointed for
       Borrower or if any substantial bankruptcy, reorganization, or liquidation
       proceedings are instituted against Borrower and remain undismissed for 30 days;
       or if Borrower becomes unable to meet Borrower’s obligations as they mature; or
       if Borrower commits an act of bankruptcy;

               vii.    Change of Control or Management. If Borrower or a controlling
       portion of its membership or a substantial portion of its assets comes under the
       practical, beneficial or effective control of one or more persons, whether by
       reason of death, merger, consolidation, sale or purchase of interest or assets or
       otherwise; and if any such change of control adversely impacts, in the sole
       judgment of the City, upon the ability of Borrower to carry on its business as
       previously conducted;

        b.       Acceleration of Indebtedness. Upon the occurrence of any of the
Events of Default described in Sections 7(a)(i) or 7(a)(ii) or upon the occurrence of any
of the Events of Default described in Sections 7(a)(iii) through 7(a)(vii) inclusive, which is
not cured by Borrower or waived by the City within 30 days after notice to Borrower by
the City, all Indebtedness shall be immediately due and payable in full at the option of
the City without presentation, demand, protest, notice of dishonor, or other notice of any
kind, all of which are expressly waived. Unless all of the Indebtedness is then fully paid,
the City shall have and may exercise any one or more of the rights and remedies for
which provision is made for a secured party under the Uniform Commercial Code or
under any mortgage, security agreement, pledge agreement, assignment or any other
related document, including, without limitation, the right to take possession and sell,
lease, or otherwise dispose of any or all of the Collateral. Borrower agrees, upon
request of the City, to assemble the Collateral and make it available to the City at any
place designated by the City which is reasonably convenient to the City and Borrower.

                                          6
        c.       Cumulative Remedies. The remedies provided for by this Agreement
are cumulative to the remedies for collection of the Indebtedness as provided by law or
by any mortgage, security agreement, or any related document. Nothing in this
Agreement is intended, nor should it be construed, to preclude the City from pursuing
any other remedy for the recovery of any other sum to which the City may be or become
entitled for the breach of this Agreement by Borrower.

       d.     Written Waivers. No default shall be waived by the City except in writing
signed by an officer of the City, and no waiver of any default shall operate as a waiver of
any other default or of the same default on a future occasion.

8.     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.

         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.

                                          7
              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.


CITY – CITY OF MUSKEGON                            UNRULY BREWING, LLC

By: _______________________________                By: _______________________________
Name: Steven Gawron                                Name: Jeff Jacobson
Title: Mayor                                       Title: ______________________
Dated: ____________, 2020                          Dated: ____________, 2020

By: ______________________________
Name: Ann Meisch
Title: City Clerk
Dated: ____________, 2020




                                               8
   Exhibit A

Promissory Note
    Exhibit B

Security Agreement
    Exhibit C

Personal Guaranty
                                              PROMISSORY NOTE

$80,000.00                                                                     Muskegon, Michigan
                                                                         ________February 11, 2020

FOR VALUE RECEIVED, Unruly Brewing, LLC, a Michigan limited liability company, of 360 W. Western Ave.,
Muskegon, Michigan 49440 (“Maker”), promises to pay to the City of Muskegon, a Michigan municipal
corporation, at 933 Terrace Street, Muskegon, Michigan 49440 (“City”), or at such other place as directed by
the City, the principal sum of Eighty Thousand and 00/100 Dollars ($80,000.00), together with interest from
the date hereof at the rate of 7.50% per annum on the unpaid balance remaining due from time to time.
This Note shall be payable as follows:

    Equal and consecutive monthly installments of principal and interest of $1,603.04 shall be made
    from the Maker to the City commencing March 1, 2020 and continuing on the 1st of each month
    thereafter until February 1, 2025, when the entire balance of principal and interest shall be due
    and payable in full. An amortization schedule is attached as Exhibit A, for reference only.

The Maker may prepay without penalty all or any portion of the principal at any time. Any partial
prepayment shall not eliminate the obligation of the Maker to pay all subsequent installments on their
normal due dates. All payment of any nature shall be applied first to accrued interest and the balance to
principal. The Maker shall maintain their business location commonly known as Unruly Brewery, of 360 W.
Western Ave., Muskegon, Michigan 49440 in the City of Muskegon. A move out of the City is a default
under this Note.

This Note is secured by a certain security agreement of even date between the Maker and the City (“Security
Agreement”). This Note is personally guaranteed by Jeff Jacobson, (“Personal Guaranty”). The terms of the
Security Agreement and Personal Guaranty are incorporated in this Note by reference. The City shall have
all of the rights and powers set forth in the Security Agreement and Personal Guaranty as though the same
were set forth fully in this Note. A default in the Security Agreement or Personal Guaranty shall constitute a
default of this Note.

Upon any default, including, but not limited to, any failure to make payments when due, the City may, upon
ten (10) days written notice to the Maker, declare the entire remaining balance of principal and interest to
be immediately due and payable. No delay by the City in exercising any right hereunder shall be considered
a waiver of such right.

The Maker (i) waives protest, presentment, demand for payment, and notice of dishonor: (ii) agrees that any
extension of the time for any payment, reduction of any payments, acceptance by the City of a renewal
note, or release or non-enforcement of any security, whether with or without notice, shall not release or
offset the obligations of the Maker; (iii) agrees to reimburse the City for any and all costs and expenses
(including but not limited to, reasonable and actual attorney fees) incurred in attempting to collect any and
all principal and interest on this Note.

                                                           MAKER: Unruly Brewing, LLC

                                                           By: _______________________________
                                                           Name: Jeff Jacobson
                                                           Title: ______________________
                                                           Date: ______________, 2020
                                         Exhibit A
                               Amortization Schedule
Compound Period: Monthly
Nominal Annual Rate: 7.50%

Cash Flow Data
Event         Date      Amount                Payments        Period         End Date
   Loan        2/1/2020 $ 80,000.00
Payment        3/1/2020 $ 1,603.04                         60 Monthly           2/1/2025

Amortization Schedule - Normal Amortization
                                 2020 Payment Schedule
               Date        Payment        Interest            Principal      Balance
Loan            2/1/2020                                                     $ 80,000.00
           1    3/1/2020   $ 1,603.04         $ 500.00         $ 1,103.04    $ 78,896.96
           2    4/1/2020   $ 1,603.04         $ 493.11         $ 1,109.93    $ 77,787.03
           3    5/1/2020   $ 1,603.04         $ 486.17         $ 1,116.87    $ 76,670.15
           4    6/1/2020   $ 1,603.04         $ 479.19         $ 1,123.85    $ 75,546.30
           5    7/1/2020   $ 1,603.04         $ 472.16         $ 1,130.88    $ 74,415.43
           6    8/1/2020   $ 1,603.04         $ 465.10         $ 1,137.94    $ 73,277.48
           7    9/1/2020   $ 1,603.04         $ 457.98         $ 1,145.06    $ 72,132.43
           8   10/1/2020   $ 1,603.04         $ 450.83         $ 1,152.21    $ 70,980.22
           9   11/1/2020   $ 1,603.04         $ 443.63         $ 1,159.41    $ 69,820.80
         10    12/1/2020   $ 1,603.04         $ 436.38         $ 1,166.66    $ 68,654.14
2020 Totals                $ 16,030.40        $ 4,684.54       $ 11,345.86


                                   2021 Payment Schedule
         11 1/1/2021       $ 1,603.04       $ 429.09           $ 1,173.95    $ 67,480.19
         12 2/1/2021       $ 1,603.04       $ 421.75           $ 1,181.29    $ 66,298.90
         13 3/1/2021       $ 1,603.04       $ 414.37           $ 1,188.67    $ 65,110.23
         14 4/1/2021       $ 1,603.04       $ 406.94           $ 1,196.10    $ 63,914.13
         15 5/1/2021       $ 1,603.04       $ 399.46           $ 1,203.58    $ 62,710.55
         16 6/1/2021       $ 1,603.04       $ 391.94           $ 1,211.10    $ 61,499.45
         17 7/1/2021       $ 1,603.04       $ 384.37           $ 1,218.67    $ 60,280.79
         18 8/1/2021       $ 1,603.04       $ 376.75           $ 1,226.29    $ 59,054.50
         19 9/1/2021       $ 1,603.04       $ 369.09           $ 1,233.95    $ 57,820.55
         20 10/1/2021      $ 1,603.04       $ 361.38           $ 1,241.66    $ 56,578.89
         21 11/1/2021      $ 1,603.04       $ 353.62           $ 1,249.42    $ 55,329.47
         22 12/1/2021   $ 1,603.04       $ 345.81       $ 1,257.23    $ 54,072.24
2021 Totals             $ 19,236.48      $ 4,654.57     $ 14,581.91


                                2022 Payment Schedule
         23 1/1/2022    $ 1,603.04       $ 337.95       $ 1,265.09    $ 52,807.15
         24 2/1/2022    $ 1,603.04       $ 330.04       $ 1,273.00    $ 51,534.15
         25 3/1/2022    $ 1,603.04       $ 322.09       $ 1,280.95    $ 50,253.20
         26 4/1/2022    $ 1,603.04       $ 314.08       $ 1,288.96    $ 48,964.24
         27 5/1/2022    $ 1,603.04       $ 306.03       $ 1,297.01    $ 47,667.23
         28 6/1/2022    $ 1,603.04       $ 297.92       $ 1,305.12    $ 46,362.11
         29 7/1/2022    $ 1,603.04       $ 289.76       $ 1,313.28    $ 45,048.83
         30 8/1/2022    $ 1,603.04       $ 281.56       $ 1,321.48    $ 43,727.35
         31 9/1/2022    $ 1,603.04       $ 273.30       $ 1,329.74    $ 42,397.60
         32 10/1/2022   $ 1,603.04       $ 264.99       $ 1,338.05    $ 41,059.55
         33 11/1/2022   $ 1,603.04       $ 256.62       $ 1,346.42    $ 39,713.13
         34 12/1/2022   $ 1,603.04       $ 248.21       $ 1,354.83    $ 38,358.30
2022 Totals             $ 19,236.48      $ 3,522.54     $ 15,713.94


                                2023 Payment Schedule
         35 1/1/2023    $ 1,603.04       $ 239.74       $ 1,363.30    $ 36,995.00
         36 2/1/2023    $ 1,603.04       $ 231.22       $ 1,371.82    $ 35,623.18
         37 3/1/2023    $ 1,603.04       $ 222.64       $ 1,380.40    $ 34,242.78
         38 4/1/2023    $ 1,603.04       $ 214.02       $ 1,389.02    $ 32,853.76
         39 5/1/2023    $ 1,603.04       $ 205.34       $ 1,397.70    $ 31,456.05
         40 6/1/2023    $ 1,603.04       $ 196.60       $ 1,406.44    $ 30,049.62
         41 7/1/2023    $ 1,603.04       $ 187.81       $ 1,415.23    $ 28,634.39
         42 8/1/2023    $ 1,603.04       $ 178.96       $ 1,424.08    $ 27,210.31
         43 9/1/2023    $ 1,603.04       $ 170.06       $ 1,432.98    $ 25,777.33
         44 10/1/2023   $ 1,603.04       $ 161.11       $ 1,441.93    $ 24,335.40
         45 11/1/2023   $ 1,603.04       $ 152.10       $ 1,450.94    $ 22,884.46
         46 12/1/2023   $ 1,603.04       $ 143.03       $ 1,460.01    $ 21,424.45
2023 Totals             $ 19,236.48      $ 2,302.63     $ 16,933.85


                                2024 Payment Schedule
        47   1/1/2024   $ 1,603.04       $ 133.90       $ 1,469.14    $ 19,955.31
        48   2/1/2024   $ 1,603.04       $ 124.72       $ 1,478.32    $ 18,476.99
        49   3/1/2024   $ 1,603.04       $ 115.48       $ 1,487.56    $ 16,989.43
        50   4/1/2024   $ 1,603.04       $ 106.18       $ 1,496.86    $ 15,492.58
        51   5/1/2024   $ 1,603.04       $ 96.83        $ 1,506.21    $ 13,986.36
        52   6/1/2024   $ 1,603.04       $ 87.41        $ 1,515.63    $ 12,470.74
        53   7/1/2024   $ 1,603.04       $ 77.94        $ 1,525.10    $ 10,945.64
        54   8/1/2024   $ 1,603.04       $ 68.41        $ 1,534.63    $ 9,411.01
               55 9/1/2024        $ 1,603.04       $ 58.82          $ 1,544.22        $ 7,866.79
               56 10/1/2024       $ 1,603.04       $ 49.17          $ 1,553.87        $ 6,312.92
               57 11/1/2024       $ 1,603.04       $ 39.46          $ 1,563.58        $ 4,749.33
               58 12/1/2024       $ 1,603.04       $ 29.68          $ 1,573.36        $ 3,175.98
      2024 Totals                 $ 19,236.48      $ 988.01         $ 18,248.47


                                          2025 Payment Schedule
               59     1/1/2025    $ 1,603.04       $ 19.85          $ 1,583.19        $ 1,592.79
               60     2/1/2025    $ 1,602.74       $ 9.95           $ 1,592.79        $          -
      2025 Totals                 $ 3,205.78       $ 29.80          $ 3,175.98


                                    Total Paid     Total Interest   Total Principle
      Grand
      Totals                      $ 96,182.10      $ 16,182.10      $ 80,000.00

Last payment is reduced by $.30 due to rounding.
                                    SECURITY AGREEMENT

        This Security Agreement is entered into on _________________, 2020 (“Effective
Date”), between Unruly Brewing, LLC, a Michigan limited liability company, of 360 W. Western
Ave., Muskegon, Michigan 49440 (“Debtor”), and the City of Muskegon, a Michigan municipal
corporation, at 933 Terrace Street, Muskegon, Michigan 49440 (“City”), with reference to the
following facts:

                                           Background

       A.    Debtor has received from City a loan in the amount of $80,000.00 pursuant to the
terms and conditions of a certain term loan agreement between City and Debtor of even date
(“Loan Agreement”).

       B.      Debtor has agreed to grant a security interest in all of its assets as security for
payment of the loan pursuant to the terms of a certain promissory note between Debtor and City
of even date (“Note”).

       Therefore, for good and valuable consideration, the parties agree as follows:

        1.     Definitions. As used in this Security Agreement, the following definitions (in
addition to other terms and provisions set forth in Article IX of the Michigan Uniform Commercial
Code, MCL 440.9101 et seq.) shall apply:

               a.      Collateral. The collateral shall consist of all of the personal property of
       Debtor, wherever situated, whether now owned or later acquired, including: Accounts;
       Chattel paper; Deposit Accounts; Documents; Equipment; Farm Products; General
       Intangibles, including payment intangibles; Goods; Instruments, including promissory
       notes; Inventory; Investment Property; Letters of Credit and Letters of Credit Rights;
       Supporting Obligations. To the extent not listed above as original Collateral, proceeds
       and products of the foregoing, including all Inventory repossessed or returned; and, in
       addition, as used in this Agreement, Inventory includes goods held for sale or lease or
       furnished or to be furnished under contracts of service, or goods being processed for
       sale in Debtor’s business, as now or later conducted, including raw materials, work in
       process, finished goods, and materials and supplies used or consumed in Debtor’s
       business. All of the above shall be referred to as the “Collateral”.

              b.      Obligations. This Security Agreement secures the following (collectively,
       the “Obligations”):

                      i.      Debtor’s obligations and liabilities under the Loan Agreement,
               including any agreements or instruments referred to therein, the Note and this
               Agreement;

                      ii.     The repayment of (1) any amounts that City may advance or
               spend for the maintenance or preservation of the Collateral, and (2) any other
               expenditures that City may make under the provisions of this Security Agreement
               or for the benefit of Debtor;


                                                 1
                     iii.    All amounts owed under any modifications, renewals, or
              extensions of any of the foregoing items; and

                     iv.    Any of the foregoing that arises after the filing of a petition by or
              against Debtor under the Bankruptcy Code, even if the obligations due do not
              accrue because of the automatic stay under the Bankruptcy Code Section 362 or
              otherwise.

              c.     Term. A period of time commencing on the date of this Agreement and
       ending on the Termination Date.

             d.      Termination Date. The date when all Obligations owed by Debtor to City
       have been satisfied.

               e.      UCC. Any term used in the Uniform Commercial Code as adopted from
       time to time in the State of Michigan (“UCC”) and not defined in this Security Agreement
       has the meaning given to the term in the UCC.

       2.     Grant of Security Interest. As security for the payment or performance of the
Obligations, Debtor grants a Security Interest in the Collateral to City.

       3.     Perfection of Security Interests.

             a.       Filing of Financing Statement. Debtor authorizes City to file a financing
       statement (the “Financing Statement”) describing the Collateral.

             b.      Possession. Debtor shall have possession of the Collateral, except
       where otherwise expressly provided in this Security Agreement.

               c.     Control. Debtor will cooperate at all times with City in obtaining control
       with respect to the Collateral.

       4.     Post-Effective Date Covenants and Rights Concerning the Collateral.

              a.       Inspection. The parties to this Security Agreement may inspect any
       Collateral in the other party’s possession or control at any time upon reasonable notice.

                b.   Personal Property. The Collateral shall remain personal property at all
       times; and Debtor shall not affix any of the Collateral to any real property in any manner
       that would change its nature from that of personal property to real property or to a
       fixture.

              c.      City Collection Rights. City shall have the right at any time to enforce
       Debtor’s rights against the account debtors and obligors.

              d.      Limitations on Duties Concerning Maintenance of Collateral.

                      i.     Debtor has the risk of loss of the Collateral; and
                                                2
                      ii.    City has no duty to collect any income accruing on the Collateral
              or to preserve any rights relating to the Collateral.

               e.     Inventory. Debtor has the power to sell Debtor’s Inventory in the
       ordinary course of Debtor’s business, provided that Debtor is not in default. In addition,
       the parties agree as follows:

                      i.      A sale of Debtor’s Inventory not in the ordinary course of business
              shall constitute a default; and

                      ii.     The interest of City shall continue in all proceeds of sales and all
              dispositions of Debtor’s Inventory.

        5.    Covenants, Warranties and Representations of Debtor. Debtor, as an
inducement to City to extend credit to Debtor, covenants, represents, and warrants to City the
following:

               a.      Title to and Transfer of Collateral. Debtor has rights in or the power to
       transfer the Collateral, and its title to the Collateral is free of all adverse claims, liens,
       security interests, and restrictions on transfer or pledge.

               b.     Location of Collateral. Debtor will maintain the Collateral at, and will not
       remove the Collateral from, Debtor’s business address of 2221 Lemuel Street,
       Muskegon Heights, Michigan 49444, without the prior written consent of City. Debtor will
       promptly notify City in writing of any change in the location of any place of business or
       establishment of any new place of business of Debtor.

               c.      Organization and Name. Debtor is duly organized and operating a
       business under the laws of the State of Michigan; and, further, until the Obligations are
       paid in full, Debtor agrees that Debtor will:

                     i.        Preserve its existence in good standing and not, in one
              transaction or a series of related transactions, merge into or consolidate with any
              other entity, or sell all or substantially all of Debtor’s assets;

                     ii.     Not change Debtor’s name without the written consent of City.
              Debtor’s exact legal name is as set forth in the first paragraph of this Security
              Agreement; and

                      iii.    Not change its location as that term is defined in UCC 9-307 (MCL
              440.9307).

              d.      Use. The Collateral will be used primarily for Debtor’s business.

               e.      Records. Debtor will at all times during this Agreement keep accurate
       and complete records of Debtor’s Collateral, and will, at any time at the request of City,
       deliver to City a schedule specifically identifying all of the Collateral.

                                                  3
               f.       Insurance. Debtor will keep the Collateral continuously insured with
       insurance carriers in amounts and against risks that shall be reasonably satisfactory to
       City, with the loss payable clause in favor of City.

               g.      Indemnification. Debtor agrees to indemnify and hold harmless City
       from any loss or damage caused by the Collateral or its use, and immediately to give
       written notice to City of any loss of or damage to the Collateral occasioned by any
       cause.

               h.      Impairment of Collateral. If the Collateral becomes unsatisfactory to
       City or deteriorates in market or actual value, Debtor will, after written demand given by
       City to Debtor, promptly reduce the debt to City to the extent specified by City or, in the
       alternative, increase the Collateral to the amount affixed by City.

               i.      Financial and Other Statements. During the term of this Agreement,
       Debtor will deliver to City as soon as practicable upon request by City (and in any event,
       within 90 days thereafter), the following:

                      i.      Debtor’s balance sheet at the end of such year;

                      ii.     Debtor’s tax return for such fiscal year; and

                      iii.   A certificate of good standing or similar document from the Office
              of the Secretary of State affirming that Debtor remains duly organized under the
              laws of the State of Michigan.

        6.     Events of Default. The occurrence of any of the following shall, at the option of
City, be an Event of Default:

              a.     Any default, Event of Default as defined under the Agreement, this
       Security Agreement, or any of the other Obligations;

               b.      Debtor’s failure to comply with any of the provisions of, or the
       incorrectness of any representation or warranty contained in, this Security Agreement or
       in any of the other Obligations;

              c.      Transfer or disposition of any of the Collateral, except as expressly
       permitted by this Security Agreement;

              d.      Attachment, execution, or levy on any of the Collateral;

               e.     Debtor voluntarily or involuntarily becoming subject to any proceeding
       under (i) the Bankruptcy Code or (ii) any similar remedy under state statutory or common
       law; or

               f.      Debtor shall fail to comply with, or become subject to any administrative
       or judicial proceeding under any federal, state, or local (i) hazardous waste or

                                                4
       environmental law, (ii) asset forfeiture or similar law which can result in the forfeiture of
       property, or (iii) other law, where noncompliance may have any significant effect on the
       Collateral.

        7.    Default Costs. Should an Event of Default occur, Debtor will pay to City all
costs reasonably incurred by City for the purpose of enforcing its rights hereunder, including:

               a.     Costs of foreclosure;

               b.     Costs of obtaining money damages; and

                c.   A reasonable fee for the services of attorneys employed by City for any
       purpose related to this Security Agreement or the Obligations, including consultation,
       drafting documents, sending notices, or instituting, prosecuting, or defending litigation or
       arbitration.

       8.      Remedies Upon Default.

               a.      General. Upon any Event of Default, City may pursue any remedy
       available at law (including those available under the provisions of the UCC), or in equity,
       to collect, enforce, or satisfy any Obligations then owing, whether by acceleration or
       otherwise.

                b.     Conformer Remedies. Upon any Event of Default, City shall have the
       right to pursue any of the following remedies separately, successively, or
       simultaneously:

                      i.     File suit and obtain judgment and, in conjunction with any action,
               City may seek any ancillary remedies provided by law, including levy of
               attachment and garnishment;

                       ii.     Take possession of any Collateral not already in its possession
               without demand and without legal process. Upon City’s demand, Debtor will
               assemble and make the Collateral available to City as City may direct. Debtor
               grants to City the right, for this purpose, to enter into or on any premises where
               Collateral may be located; and

                      iii.     Without taking possession, sell, lease, or otherwise dispose of the
               Collateral at public or private sale in accordance with the UCC.

       9.      Foreclosure Procedures.

               a.     No Waiver. No delay or omission by City to exercise any right or remedy
       accruing upon any Event of Default shall: (i) impair any right or remedy, (ii) waive any
       default or operate as an acquiescence to the Event of Default, or (iii) affect any
       subsequent default of the same or of a different nature.



                                                 5
        b.      Notices Regarding Sale. City shall give Debtor such notice of any
private or public sale as may be required by the UCC.

       c.     Condition of Collateral. City has no obligation to clean-up or otherwise
prepare the Collateral for sale.

         d.     No Obligation to Pursue Others. City has no obligation to attempt to
satisfy the Obligations by collecting them from any other person liable for them and City
may release, modify, or waive any Collateral provided by any other person to secure any
of the Obligations, all without affecting City’s rights against Debtor. Debtor waives any
right it may have to require City to pursue any third person for any of the Obligations.

        e.     Compliance with Other Laws. City may comply with any applicable
state or federal law requirements in connection with a disposition of the Collateral, and
compliance will not be considered to adversely affect the commercial reasonableness of
any sale of the Collateral.

        f.      Warranties. City may sell the Collateral without giving any warranties as
to the Collateral. City may specifically disclaim any warranties of title or the like. This
procedure will not be considered to adversely affect the commercial reasonableness of
any sale or other disposition of the Collateral.

        g.      Sales on Credit. If City sells any of the Collateral upon credit, Debtor will
be credited only with payments actually made by the purchaser, received by City, and
applied to the indebtedness of the purchaser. If the purchaser fails to pay for the
Collateral, City may resell the Collateral, and Debtor shall be credited with the proceeds
of the sale.

       h.     Purchases by City. If City purchases any of the Collateral being sold,
City may pay for the Collateral by crediting some or all of the Obligations of Debtor.

        i.     No Marshaling. City shall have no obligation to marshal any assets in
favor of Debtor, or against or in payment of any of the Obligations or any other obligation
owed to City by Debtor or any other person.

10.    Miscellaneous.

        a.      Assignment. This Security Agreement shall bind and shall inure to the
benefit of the heirs, legatees, executors, administrators, successors, and assigns of City
and shall bind all persons who become bound as a debtor to this Security Agreement.
City does not consent to any assignment by Debtor except as expressly provided in this
Security Agreement. City may assign its rights and interests under this Security
Agreement. If an assignment is made, Debtor shall render performance under this
Security Agreement to the assignee. Debtor waives and will not assert against any
assignee any claims, defenses, or set-offs that Debtor could assert against City except
defenses that cannot be waived.

       b.       Severability. Should any provision of this Security Agreement be found
to be void, invalid, or unenforceable by a court or panel of arbitrators of competent
                                          6
       jurisdiction, that finding shall only affect the provisions found to be void, invalid, or
       unenforceable and shall not affect the remaining provisions of this Security Agreement.

               c.        Notices. Any notices required by this Security Agreement shall be
       deemed to be delivered when a record has been (i) deposited in any United States
       postal box if postage is prepaid, and the notice properly addressed to the intended
       recipient, (ii) received by fax, (iii) received through the Internet, and (iv) when personally
       delivered.

              d.       Headings. Section headings used in this Security Agreement are for
       convenience only. They are not a part of this Security Agreement and shall not be used
       in construing it.

               e.     Governing Law. This Security Agreement is being executed and
       delivered and is intended to be performed in the State of Michigan and shall be
       construed and enforced in accordance with the laws of the State of Michigan.

              f.     Waiver. Any party to this Security Agreement may waive the
       enforcement of any provision to the extent the provision is for its benefit.

               g.      Further Assurances. Debtor agrees to execute any further documents,
       and to take any further actions, reasonably requested by City to evidence or perfect the
       security interest granted herein, to maintain the priority of the security interests, or to
       effectuate the rights granted to City herein.

      The parties have signed this Security Agreement on the date set forth below their
names, to be effective as of the date set forth above.


City – City of Muskegon                              Debtor – Unruly Brewing, LLC

By: _______________________________                  By: _______________________________
Name: Steven Gawron                                  Name: Jeff Jacobson
Title: Mayor                                         Title: ______________________
Dated: ____________, 2019                            Dated: ____________, 2019

By: ______________________________
Name: Ann Meisch
Title: City Clerk
Dated: ____________, 2019




                                                 7
                                    PERSONAL GUARANTY

       This Personal Guaranty (“Guaranty”) is given ____________, 2020 (“Effective Date”), by
Jeff Jacobson (“Jacobson”) to the City of Muskegon (“City”), with reference to the following
facts:

                                           Background

       A.      The City has extended to Unruly Brewing, LLC, a Michigan limited liability
company (“Unruly Brewing”), the principal sum of $80,000.00 represented by a promissory note
of even date (“Debt”).

       B.     Jacobson is financially interested in the Unruly Brewing and he will receive
valuable consideration for the Debt to Unruly Brewing.

         C.      Therefore, Jacobson agrees that hhe will guarantee payment of the Debt to the
full extent of any property or interest held or owned by him under any form of legal or beneficial
ownership. Jacobson desires to enter into this Guaranty to induce the City to engage in
transactions in which Unruly Brewing may make, extend, renew, or refinance the Debt to the
City.

       Therefore, for good and valuable consideration, Jacobson agrees as follows:

        1.       Guaranty. Jacobson guarantees to the City, its successors and assigns, the
prompt payment when due, whether by acceleration or otherwise, of the Debt, together with
interest at the rate stated in any document evidencing such liability, and any attorney fees, costs
and expenses of collection incurred by the City in connection with any liability covered by this
Guaranty. Such Guaranty shall extend to any property or interest held or owned by Jacobson
individually or jointly or under any other form of legal or beneficial ownership.

       2.     Duration. The obligation of Jacobson shall continue until full payment is made of
the Debt of Unruly Brewing to the City now due or hereafter to become due and until payment is
made of any loss or damage incurred by the City with respect to any liability covered by this
Guaranty.

       3.     Successors and Assigns Bound. Jacobson agrees that this Guaranty shall be
enforceable against his heirs, successors, and assigns.

      4.     Guaranty to be Supplemental. Jacobson agrees that this Guaranty shall
supplement and be in addition to any other guaranty, indemnity, pledge, security agreement,
mortgage, hypothecation, or any other form of collateral to secure any liability of Unruly Brewing.

        5.     Consent. Jacobson consents, without affecting his obligations to the City, that
the City may, without notice to or the consent of Jacobson, in its sole discretion, deal in any
manner with the Debt and any collateral therefor, including, but not limited to, the following
powers, in addition to any powers granted by law:

               a.    To extend, in whole or in part, by renewal, refinancing or otherwise, the
       time of payment of the Debt;




                                                 1
              b.      To release, surrender, exchange, modify, impair or extend the period or
       duration or the time for performance or payment of any collateral securing the Debt;

               c.      To settle or compromise any claim of the City against Unruly Brewing, or
       against any other person, firm or corporation, whose obligation is held by the City as
       collateral security for payment of the Debt;

               d.      In the event of nonpayment when due, by acceleration or otherwise, of the
       Debt, to realize on the collateral or any part thereof, in whole or in such parcels or
       subdivided interests as the City may elect, at any public or private sales, on such terms
       and conditions as the City may accept, without demand, advertisement or notice of the
       time and place of sale or any adjournment thereof, or by foreclosure or otherwise, or to
       forbear from realizing thereon, all as the City in its sole discretion may deem proper, and
       to purchase all or any part of the collateral for its own account. At any such sale or
       foreclosure, such powers are to be exercised only to the extent permitted by law; and

               e.       To modify or otherwise change any terms of all or any part of the Debt or
       the rate of interest thereon.

        Jacobson ratifies and affirms any such extension, renewal, release, surrender,
exchange, modification, impairment, settlement, compromise, purchase at a foreclosure or other
sale, and all such actions shall be binding upon Jacobson who waives all defenses,
counterclaims, or offsets which he might have by reason thereof.

        6.      Waiver. Jacobson waives: (a) notice of acceptance of this Guaranty by the City;
(b) notice of presentment, demand for payment, protest, or other default of any of Unruly
Brewing’s liabilities or the obligation of any person, firm, or corporation held by the City as
collateral security for Unruly Brewing’s obligation; (c) notice of the failure of any person, firm, or
corporation to pay to the City any indebtedness held by the City as collateral security for
payment of the Debt; and (d) all defenses, offsets, and counterclaims that Jacobson may at any
time have to any claim of the City against Unruly Brewing.

        7.       Discharge. The obligation of Jacobson and the rights of the City in collateral
securing repayment of the Debt shall not be released, discharged, or in any way affected, nor
shall Jacobson have any rights against the City by reason of the fact that: (a) collateral may be
in default at the time of acceptance by the City or subsequent to such date; (b) a valid lien or
security interest in any of the collateral may not be created in favor of or conveyed to the City; (c)
any of the collateral may be subject to equities or defenses or claims in favor of others or may be
invalid or defective in any way; (d) the financial condition of Borrower or Jacobson may not have
been correctly estimated or may have changed; and (e) any collateral may have deteriorated,
wasted or been lost by fire, theft, casualty, or otherwise unless such deterioration, waste, or loss
shall be caused by willful act of the City.

         8.      Remedies. The City may at its option proceed against Jacobson to collect any
obligation covered by this Guaranty, without first proceeding against Unruly Brewing, or any
other person, firm, corporation, or guarantor, and without first resorting to any property at any
time held by the City as collateral security. The City may proceed against Jacobson as if such
amounts due are the direct and primary obligation of Jacobson. Jacobson shall have no right of
subrogation, indemnification, or contribution with respect to the Debt or the collateral unless and
until the City shall have received full payment of the Debt.




                                                   2
        9.     Choice of Law. This Guaranty is established and accepted by the City under the
laws of the State of Michigan and all questions concerning its validity and construction shall be
determined under such laws.

        10.    Severability. If any clause, provision, or paragraph of this Guaranty is ruled
invalid or unenforceable by any court of competent jurisdiction, the invalidity or unenforceability
of such clause, provision, or paragraph shall not affect any of the remaining clauses, provisions,
or paragraphs.

       This Guaranty has been executed on the day and year above written.


                                                     _________________________
                                                     Jeff Jacobson, individually
                                                     Dated: _____________, 2020




                                                 3
                                        Application for Term Loan
                                   City of Muskegon Revolving Loan Fund


Application Date:      ___1/7/20___________________
Applicant Business: Unruly Brewing Company, LLC
                       ___Sole Proprietorship     ___ Partnership   __x_ Corporation
                       (taxed as a C-corp)
Principals:     Name                   Address                       %Ownership
                Jeffery Jacobson                                     22.76
                Eric Hoffman                                         22.75
                Mark Gongalski                                       22.75

Business Address: 360 W. Western Ave., Muskegon, MI 49440
Project Address: 360 W. Western Ave., Muskegon, MI 49440
Employment:            ____X___Now           ______ On Project Completion      ____ After One Year


Source of Funds        Equity amount in business
                       (Including new loan):          $250,000       22.5% of total
                       Bank Participation:            $780,000       70.3% of total (made up of several lenders)
                       City RLF Loan Requested:       $80,000        7.2% of total


                            TOTAL SOURCES:            $1,110,000      100%


Use of Funds:          Land and Building:             $560,000
                       Site Improvements:             $
                       Construction/Renovation:       $95,000
                       Machinery & Equipment:         $410,000
                       Furniture and Fixtures :       $20,000
                       Working Capital:               $25,000
                       Legal and Closing:              $                 (Due & payable at closing from loan
                                                                                                   proceeds)
                       TOTAL USES:                 $1,110,000
Collateral Offered:      Equipment located at 360 W. Western Ave., and the canning line to be purchased
                       ____________________________________________________________
(I) or (We) certify that the information in the application and other supporting documents is true and
accurate. Any other use of City of Muskegon Revolving Loan Funds than as requested constitutes fraud. (I)
or (We) further agree to comply with the Federal Civil Rights and Equal Opportunity statutes of Title VI
and Title VIII and Michigan Civil Rights Act and Fair Employment Practices Act and related rules and
regulations.
(s)_______________________________________________________________________________
 Date: 1/9/2020                                     Loan Request: $80,000


Company Information:
                                                    Project Location: 2221 Lemuel, Muskegon
                                                    Heights, MI / 360 W. Western Ave.,
Current Location: 360 W. Western Ave.,              Muskegon, MI

Muskegon, MI                                        Address: 360 W. Western Ave.,
                                                    Muskegon, MI 49440

Principal: Jeffery Jacobson

Summary of Project:
 Production and packaging at 2221 Lemuel Street, Muskegon Heights, MI: Unruly has licensed the premises as
 a production Micro-Brewery for the production of craft beer and for production of wine products, such as cider
 and other wines, as a Small Wine Maker only with no retail sales at that location. The production will include
 kegs and a canning line to assist with retail sales at 360 W. Western, Ave., Muskegon MI and additional
 wholesale sales around the State of Michigan. Additional product will allow Unruly to be competitive in the
 market, which it has recently struggled to keep up with demand for its product. In addition, the wide spread
 distribution both at off premises retail and at bars and restaurants around Michigan will act as advertising to
 visit the brewery in downtown Muskegon, which is the only taproom where people can visit and purchase
 beer, wine, and cider directly from the brewery. There are no plans to have any retail outlet at 2221 Lemuel
 Street, Muskegon Heights, which will be solely used to support the downtown brewery and wholesale sales of
 the Unruly products. This increased production will also make the operation more efficient and increase profit
 margins to help support operations in downtown Muskegon and assist with improvements to that location. The
 majority of the loan request from the City of Muskegon will be used to pay for a much needed canning line to
 allow for additional retail sales within the taproom. Having canned product available for purchase from the
 taproom will help increase taproom sales. In addition, having canned product in local and regional off
 premises retail locations, such as Meijer, will help promote and drive traffic to Unruly's downtown Muskegon
 location to sample other products that we have on tap. Beer and wine production will continue at the current
 location, 360 West Western, Muskegon, MI to support the tap list and do small experimental batches.
Employment:
 We currently employ 11 to 15 individuals throughout the year depending on the season, and have plans to
 increase our employment as production and taproom traffic increase.



Sources and Uses Summary:
       SOURCES                                      USES
         Equity                                     Purchase of real estate, real estate improvements,
                                                    working capital, equipment purchase

         Loans                                      Purchase of real estate, real estate improvements, working
                                                    capital, equipment purchase

         City RLF Loan                              Purchase equipment, equipment connections, inventory
                                                    purchase, raw materials purchase. Specifically $60,000
                                                    will be allocated to the purchase of a canning line and
                                                    related items to the operation of that equipment, including
                                                    sterile air components, loaders, and inventory.
Other Financial Comments:
   We have borrowed significant amounts for our improvements after all of the equity investments we have
   raised. We have requested further lines of credit from both PNC and Chemical Bank, which they have
   denied extending us further loans. Once the production facility is up and running it will take a significant
   burden off of the downtown taproom. Currently, the taproom is supporting all the expenses of the
   expansion. The production facility will be operational by mid January of 2020 and we are working with
   distributors to take orders. This will help to take some of the financial burden off of the taproom initially and
   eventually help put additional investment back into the downtown location. The addition of a canning line
   will help speed that increased production and sales by creating another avenue for distribution to off
   premises locations such as gas stations, grocery stores, and convenience stores that we can not currently sell
   product to because we only have kegs.


Loan Package Structure:




Collateral:




Recommendation:




*Information contained in this application and supporting documentation may be subject to review by the
public if a Freedom of Information Request is filed.
                            Revenue and Expenses for Operation of Unruly Production Facility
                                                                     2019                                                                         2020
Revenue:                                                  November December January              February March      April     May       June      July       Aug        Sept      Oct        Nov        Dec       Totals
Beer (Intercompany & Wholesale) in 1/2 bbls                           0           0           60       120      240        500      765       765        775        775       755        775        775        781        7086
Keg Sales ($130 average per 1/2 bbl)                               0.00        0.00     7,800.00 15,600.00 31,200.00 65,000.00 99,450.00 99,450.00 100,750.00 100,750.00 98,150.00 100,750.00 100,750.00 101,530.00 921,180.00

Cost of Goods Sold
Brewery
               Chemicals                                        0.00         0.00       102.56     205.12     410.24    854.67 1,307.64 1,307.64         1,324.73    1,324.73 1,290.55      1,324.73    1,324.73    1,334.99    12,112.34
               Packaging                                        0.00         0.00       204.60     409.20     818.40 1,705.00 2,608.65 2,608.65          2,642.75    2,642.75 2,574.55      2,642.75    2,642.75    2,663.21    24,163.26
               Production Supplies                              0.00         0.00        33.81      67.61     135.22    281.72    431.03    431.03         436.66      436.66    425.39       436.66      436.66      440.04     3,992.49
               Raw Materials                                    0.00         0.00     1,111.50   2,223.00   4,446.00 9,262.50 14,171.63 14,171.63       14,356.88   14,356.88 13,986.38    14,356.88   14,356.88   14,468.03   131,268.15
               Contingency 20%                                  0.00         0.00       290.49     580.99   1,161.97 2,420.78 3,703.79 3,703.79          3,752.20    3,752.20 3,655.37      3,752.20    3,752.20    3,781.25    34,307.25
Total COGS                                                      0.00         0.00     1,742.96   3,485.92   6,971.84 14,524.66 22,222.73 22,222.73      22,513.22   22,513.22 21,932.24    22,513.22   22,513.22   22,687.52   205,843.48

Gross Profit                                                    0.00         0.00     6,057.04 12,114.08 24,228.16 50,475.34 77,227.27 77,227.27        78,236.78   78,236.78 76,217.76    78,236.78   78,236.78   78,842.48   715,336.52

Expenses
                  Rent                                       2912.20      2912.20     2912.20    2912.20    2912.20    2912.20    2912.20    2912.20     2912.20     2912.20    2912.20     2912.20     2912.20     2912.20     40770.80
                  Utilities
                              Gas                               0.00         0.00       53.33     106.67     213.33     444.44     680.00     680.00      688.89      688.89     671.11      688.89      688.89      694.22      6298.67
                              Water                             0.00         0.00       53.33     106.67     213.33     444.44     680.00     680.00      688.89      688.89     671.11      688.89      688.89      694.22      6298.67
                              Electric                          0.00         0.00       53.33     106.67     213.33     444.44     680.00     680.00      688.89      688.89     671.11      688.89      688.89      694.22      6298.67
                              Internet / Phone                150.00       150.00      150.00     150.00     150.00     150.00     150.00     150.00      150.00      150.00     150.00      150.00      150.00      150.00      2100.00
                  Insurance                                  1000.00      1000.00     1000.00    1000.00    1000.00    1000.00    1000.00    1000.00     1000.00     1000.00    1000.00     1000.00     1000.00     1000.00     14000.00
                  Professional Fees                             0.00         0.00        0.00       0.00       0.00       0.00       0.00       0.00        0.00        0.00       0.00        0.00        0.00        0.00         0.00
                  Accounting Fees                               0.00         0.00        0.00       0.00       0.00       0.00       0.00       0.00        0.00        0.00       0.00        0.00        0.00        0.00         0.00
                  General Maintenance                           0.00         0.00       50.00      50.00      50.00      50.00     750.00     750.00      750.00      750.00     750.00      750.00      750.00      750.00      6200.00
                  Office                                        0.00         0.00        0.00       0.00       0.00       0.00       0.00       0.00        0.00        0.00       0.00        0.00        0.00        0.00         0.00
                  Supplies                                      0.00         0.00       50.00      50.00      50.00      50.00     300.00     300.00      300.00      300.00     300.00      300.00      300.00      300.00      2600.00
                  Travel                                        0.00         0.00        0.00       0.00       0.00       0.00       0.00       0.00        0.00        0.00       0.00        0.00        0.00        0.00         0.00
                  Advertising/ Marketing                        0.00         0.00      133.33     266.67     533.33    1111.11    1700.00    1700.00     1722.22     1722.22    1677.78     1722.22     1722.22     1735.56     15746.67
                  Labor
                              Salary - Managers                                                                                                                                                                                      0.00
                              Salary -Sales
                              Hourly - General Laborers         0.00         0.00        0.00       0.00      426.67     888.89   1,360.00   1,360.00    1,377.78    1,377.78   1,342.22    1,377.78    1,377.78    1,388.44    12,277.33
                              Hourly - Assistant Brewers        0.00         0.00      117.33     234.67      469.33     977.78   1,496.00   1,496.00    1,515.56    1,515.56   1,476.44    1,515.56    1,515.56    1,527.29    13,857.07
                             Hourly - Brewer                    0.00         0.00      138.67     277.33      554.67   1,155.56   1,768.00   1,768.00    1,791.11    1,791.11   1,744.89    1,791.11    1,791.11    1,804.98    16,376.53
                             Hourly - Brewer                                                                  444.45     925.93   1,416.67   1,416.67    1,435.19    1,435.19   1,398.15    1,435.19    1,435.19    1,446.30    12,788.91
                  Payroll Taxes                                 0.00         0.00       71.95      143.91     287.82     599.62     917.41     917.41      929.41      929.41     905.42      929.41      929.41      936.60     8,497.77
                  Property Taxes                              571.74       571.74      571.74      571.74     571.74     571.74     571.74     571.74      571.74      571.74     571.74      571.74      571.74      571.74     8,004.36
                  Equipment Leasing                             0.00         0.00      800.00    1,666.67   2,550.00   2,550.00   2,583.33   2,583.33    2,516.67    2,583.33   2,583.33    2,603.33   23,620.00        0.00    46,640.00

                  Federal Beer and Wine Tax                     0.00         0.00       94.50     189.00     378.00      787.50   1,204.88   1,204.88    1,220.63    1,220.63   1,189.13    1,220.63    1,220.63    1,230.08    11,160.45
                  State Beer and Wine Tax                       0.00         0.00      170.10     340.20     680.40    1,417.50   2,168.78   2,168.78    2,197.13    2,197.13   2,140.43    2,197.13    2,197.13    2,214.14    20,088.81
                  State Sales Tax

               Equipment Loan                               7,181.00     7,181.00     7,181.00 7,181.00 7,181.00 7,181.00 7,181.00 7,181.00              7,181.00    7,181.00 7,181.00      7,181.00    7,181.00    7,181.00   100,534.00
Subtotal Expenses and Liabilities                          11,814.94    11,814.94    13,600.83 15,353.38 18,879.60 23,662.15 29,520.01 29,520.01        29,637.28   29,703.95 29,336.06    29,723.95   50,740.62   27,230.98   350,538.70
               Contingency 10%                              1,181.49     1,181.49     1,360.08 1,535.34 1,887.96 2,366.22 2,952.00 2,952.00              2,963.73    2,970.40 2,933.61      2,972.40    5,074.06    2,723.10    35,053.87
Total Expenses and Liabilities                             12,996.43    12,996.43    14,960.91 16,888.72 20,767.56 26,028.37 32,472.01 32,472.01        32,601.01   32,674.35 32,269.67    32,696.35   55,814.68   29,954.08   385,592.57

Income from Lease of 2217 Lemuel                            1,750.00     1,750.00     1,750.00   1,750.00   1,750.00   1,750.00   1,750.00   1,750.00    1,750.00    1,750.00   1,750.00    1,750.00    1,750.00    1,750.00    24,500.00

Net Profit/Loss                                            -11,246.43   -11,246.43   -7,153.87 -3,024.64    5,210.60 26,196.97 46,505.26 46,505.26      47,385.76   47,312.43 45,698.10    47,290.43   24,172.10   50,638.40   354,243.95
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: February 11, 2020            Title: Arena Change Order

Submitted By: Frank Peterson                          Department: City Manager

Brief Summary: Staff is seeking approval of Change Order 1 to the contract with Platinum
Contracting for work being completed under Phase 2 of the arena restroom renovation project.

Detailed Summary: On December 10, 2019, the City Commission approved a contract with
Platinum Contracting to remodel the existing restrooms at the Mercy Health Arena. The original
contract amount was $266,173.69. A number of issues/changes have arisen since the project
commenced. Some of the major issues include the presence of asbestos, an immediate need for
increased restroom fixtures, and deterioration of a number of windows that now require
replacement. The additional work will raise the contract cost by $177,981.38, however, the
additional work will result in six additional women’s toilets, two additional men’s urinals, and 14
additional “flex” toilets that can be used as either men’s or women’s water closets, depending on
event type/attendance. The previous plan left the arena slightly short on both men’s and women’s
facility counts, but the new plan exceeds both.



Amount Requested: $0                                 Amount Budgeted: $0

Fund(s) or Account(s):                               Fund(s) or Account(s): N/A

Recommended Motion: Approve the Agreement and authorize the Mayor to sign.

Check if the following Departments need to approve the item first:
Police Dept.         Fire Dept.         IT Dept.


For City Clerk Use Only:
Commission Action:
                                                                                                                                                                                                                                                                                                                                                                 DEMOLITION NOTES:

                                                                                                                                                                                                                                                                                                                                                                 1.  REMOVE ALL MATERIAL TO ACCOMMODATE NEW WORK.




                                                                       0' - 2"
                                                                                                                                                                                                                                                                                                                                                                 COORDINATE ALL DEMOLITION WITH NEW WORK.

                                                                                                                                                                                                                                                                                                                                                                 2.   REMOVE ALL LIGHTING AND OUTLETS WITHIN AREA INDICATED
                                                                                                                                                                                                                                                                                                                                                                 FOR DEMO TO ACCOMMODATE NEW WORK. REMOVE ELECTRICAL
                                                                                                                                                                                                                                                                                                                                                                 ITEMS INCLUDING CONDUIT AND CABLE TO NEAREST JUNCTION OR                                  andrea j riegler, architect pllc
                                                                                                                                                                                                                                                                                                                                                                                                                                                           231-557-0325
                                                                                                                                                                                                                                                                                                                                                                 PULL LOCATION. CONDUIT WITHIN WORK TO REMAIN SHALL BE                                     [email protected]
                                                                                                                                                                                                                                                                                                                                                                 ABANDONED.
                                                                                                                                                                                                                                                                          REMOVE
                                                                      REMOVE ALL
                                                                                                                                                                                                                                                                          TOILET ACCESSORIES                                                                     3.       PROVIDE SHORING AS REQUIRED BY WALL REMOVAL.
                                                                                                                                                                                                                                                                          AND PARTITIONS
                                                                      PLUMBING
                                                                      FIXTURES &                                                                                                                                                                                                                                                                                 4.  FINAL SIZING ANY REQ'D COLUMNS TO BE COORDINATED WITH
                                                                      ASSOCIATED PIPING                                                                                                                                                                                                                                                                          ARCHITECT/ENGINEER UPON COMPLETION OF DEMO AND
                                                                                                                                                                                             REMOVE WALL                                                                  REMOVE ALL
                                                                                                                                                                                             FULL HEIGHT                                                                  PLUMBING                                                                               OBSERVATION OF UNCOVERED CONDITIONS.
                                                                                                                                                                                                                                                                          FIXTURES &
                                                                                                                                                                                                                                                                          ASSOCIATED PIPING
                                                                                                                                                                                                                                                                                                                                                                           WALL TYPES
                                                                                                                                                                                                                                                                          REMOVE
                                                                                                                                                                                                                                                                          PARTIAL                                                                                     1    6" METAL STUD FRAMED TO DECK. 5/8" GYP. EACH SIDE. 5 1/2"
                                                                                                                                                                                                                                                                          HEIGHT WALLS                                                                                     THICK BATT INSULATION

                                                                                                                                                                                                                                                                                                                                                                  1B       6" METAL STUD FRAMED TO DECK. WHITE SUBWAY TILE TO 84"
                                                                                                                               REMOVE TOILET                                                                                                                                                                                                                               A.F.F. EACH SIDE OVER 1/2" GYP BOARD EACH SIDE.
                                                                                                                               ACCESSORIES & PARTITIONS
                                                                                                                                                                                                                                                     15' - 11 1/2"                                                           9' - 5"
                                                                                              REMOVE WALLS -
                                                                                              FULL HEIGHT
                                                                                                                                                                                                                                                                                                                                                                  1C       6" METAL STUD FRAMED TO DECK. 5/8" GYP. ONE SIDE.
                                                                                                                                                                                                                            REMOVE WALLS -
                                                                                                                                                                                                                            FULL HEIGHT




                                                                                                                                                                                                                                                                                                              3' - 4"
                                                                                                                                                                                                                                                                                                                                                                      2    6" METAL STUD FRAMED TO DECK. 1/2" GYP - ONE SIDE. WHITE SUBWAY
                                                                                                                                                                                                                                                                                                                                                                           TILE TO 84" A.F.F. DK. GREY GROUT

                                                                                                                                                                                                                                                                                                                                                                      3     EXISTING MASONRY WALL - TO BE PAINTED

                                                                                                                  DEMOLITION PLAN - PHASE II RESTROOM RENOVATIONS                                                                                                                                                                                                     3    5/8" GYP BD OVER METAL FURRING CHANNEL ON EXISTING MASONRY WALL
                                                                                          NORTH                   SCALE: 1/4" = 1' - 0"

                                                                                                                                                                                                                                                                                                                                                                      4    4" METAL STUDS @ 16" O.C. FRAMED TO DECK. . 5/8" GYP EACH SIDE
          TILE TO 84" A.F.F.
5' - 4"




                                                                                                                                                    2                                                                                                                                                                    2

                                                                                                                                                                                                                                                                                                                                                                 KEY NOTES:

                                                   7                                 7    7                       7                  7                  7    1B                                                                                                                                                                                                  1        NEW WALL HUNG W.C.'S:
                                                                                                                                                                               7                            7       7                  7                                   7                      7                                    7                                  KOHLER KINGSTON ELOGATED WALL MOUNT TOILET BOWL WITH TOP INLET
                                                                                                                                                                                                                                                                                                          2
                                                                                                                                                                                                                                                                                                                                                                          (K4325) (OR ARCHITECT APPROVED EQUAL)
                                      1
                                                                                              WOMENS                                                                               WOMENS
                                                                                                                                                            WEST ELEV
                                                                                                                                                                        3


                                                                                                                                                                                                                                                                                                 MENS
                                      2                                                                                                                                                                                                                                                                                                                                   FLUSH VALVE: KOHLER PRIMME 1.28 GPF MANUAL FLUSH VALVE (OR ARCHITECT
                                                                                                   12                                                                                   13                                                                                                        14
                                                                                                                                                                        A0.1




                                                                                                                                                                                                                                                                                                                                                                          APPROVED EQUAL)
                                                   7                                 7    7                       7                  7                  7
                                                                                                                                                                                                                                                                                                                                                                 2.       TOILET PARTITIONS ASI GLOBAL OR ARCHITECT APPROVED EQUAL:
                                                                                                                                                                                                                                                                                                                                                                          FLOOR MOUNTED/OVERHEAD BRACED
                                                                                                                                                                               7                            7       7                  7                                   7                       7                                   7
                                                                                                                                                                                                                                                                                                                                                                          MATERIAL: SOLID PLASTIC (HDPE) ALTERNATE: COLOR: BLACK - PROVIDE
                                                                                                                                                                                                                                                                                                                                                                          SUBMITTAL. FULL LENGTH DOOR HINGES (HEAVY DUTY)

                                                                                                                                                                                                                                                                                                                                                                 2A       URINAL PARTITIONS WALL MOUNTED, FULL LENGTH HINGE, BOTTOM MOUNT
                                                                                                                                                                  2                                                                       8' - 11"                                                                                                                        @ 12" A.F.F. - PARTITION SIZE, 24" DEEP BY 48" TALL.
                                                                12"




                                                                                                            12"




                                                                                                                                                                                                                                                                               12"
                                                                                                                                                                  1
                                                                                                                                                                                                                             4' - 7"                     3' - 6"
                                                                                 1                                                       3                                                                                                                                                                                                                       3.       NEW WALL HUNG URINALS: KOHLER DEXTER URINAL WITH TOP SPUD (K-5452 ET)
                                                           1B                                                                                                                                                                                                                                                                                                             (OR ARCHITECT APPROVED EQUAL)
                                                                                                                                                                                              6' - 4 1/2"




                                                                                                                                                                                    7                           7       7       7                                    7                                7                                    7                                                                                                              No.                   Description              Date
                                       NURSING RM                     NURSING RM                                                                                                                                                                                                                                                                                          FLUSH VALVE: KOHLER PRIMME .125 GPF MANUAL WASHDOWN URINAL
                                                                                                        7                     7                 7                 7                                                                                                                                                                                                       FLUSHOMETER VALVE (OR ARCHITECT APPROVED EQUAL)
                                          6' - 3 1/2"                  7' - 1 1/2"             1

                                                                                                                                                                                                                            4' - 5 1/2"                                                                                                                          4.       NEW WALL HUNG SINKS:
                                                                                                                                                                                                                                                                                                                                                                          KOHLER CHESAPEAKE WALL MOUNT SINK (MODEL 1722-0) WHITE (OR ARCHITECT
                                                                                                                                                                                                                                                                                                                                                                          APPROVED EQUAL)
                                                                                                                                                                                                                                                                                                                                                                          FAUCET: KOHLER JULY 1-HOLE COMMERICAL FAUCET IN POLISHED CHROME
                                                                                                                                                                                                                                                                                                                                                                          (K-97282-4-CP) (OR ARCHITECT APPROVED EQUAL)

                                                                                                                      PROPOSED FLOOR PLAN LAYOUT - PHASE II RESTROOM RENOVATIONS                                                                                                                                                                                 5.       MIRRORS: 24" X 36" GLASS MIRROR WITH SIMPLE POLISHED CHROME FRAME
                                                                                                                                                                                                                                                                                                                                                                          OVER EACH SINK. MOUNT BOTTOM OF MIRROR @ 40" A.F.F.
                                                                                              NORTH                   SCALE: 1/4" = 1' - 0"
                                                                                                                                                                                                                                                                                                                                                                 6.       TOILET ACCESSORIES:        GRAB BARS FOR EACH ACCESSIBLE TOILET STALL

                                                                                                    4" X 16" EXPRESSION SUBWAY TILE (GLOSSY WHITE) WITH                                                                                                                                                                                                          7.       LIGHT FIXTURE: L1 - 4' STRIP LED FIXTURE - COLUMBIA LIGHTING CSL4-4040 (4000
                                                                                                    4" HIGH COVE BASE AND PEARL GRAY GROUT . INSTALL TILE IN A RUNNING BOND BRICK                                                                                                                                                                                         LUMENS, 4000K) OR ARCHITECT APPROVED EQUAL - MOUNT FIXTURES TO
                                                                                                    PATTERN TO MATCH PHASE 1 TILE.
                                                                                                    INSTALL SCHLUTER SCHIENNE AE 70 AT TOP AND SIDES OF TILE ON WALL.
                                                                                                                                                                                                                                                                                                                                                                          EXISTING DECK ABOVE.
                                                 7' - 0"




                                                                                                                                                                                                                                                                                                                                                                                                                                                             BATHROOM RENO
               3
                               WEST ELEV
                               1/4" = 1'-0"
                                                                                                                                                                                                                                                                                                                                 GRAB BARS
                                                                                                                                                                                                                                                                                                                                 TO BE INSTALLED
                                                                                                                                                                                                                                                                                                                                                                                                                                                                 PHASE 2
                                                                                                                                                                                                                                                                                                                                 AT EACH ACCESSIBLE
                                                                                                                                                                                                                                                                                                                                 TOILET STALL IN CONFIGURATION
                                                                                                                                                                                                                                                                                                                                 SHOWN. PROVIDE BLOCKING IN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ARENA
                                                                                                                                                                                                                                                                                                                                 WALL BEHIND GRAB BARS
                                                                                                                                                                                                                                                                         12"               40"                                                                                                                                                                              470 W Western Avenue
                                                                                                                                                                                                                                                                                                                   18"
                                                                                                                                                                                                                                                           7' - 0"




                                                                                                                                                                                                                                                                                                                                 DOUBLE TOILET PAPER
                                                                                                                                                                                                                                                                                                                                 ROLL BY OTHERS                                                                                                                     FLOOR PLANS
                                                                                                                                                                                                                                                                                                  C
                                                                                                                                                                                                                                                                                                  L                                                                                                                                                      Project number                                 19017
                                                                                                                                                                                                                                                                                                                                                                                                                                                         Date                                         01/21/20
                                                                                                                                                                                                                                                                                                                   40"



                                                                                                                                                                                                                                                                                                                               36"




                                                                                                                                                                                                                                                                                                                                                                                                                                                         Drawn by                                         AJR
                                                                                                                                                                                                                                                                                     19"




                                                                                                                                                                                                                                                          Typical ADA Stall Elev
                                                                                                                                                                                                                                                                                                                                                                                                                                                                               A0.1
                                                                                                                                                                                                                                                     6                                                                                                                                                                                                   Scale                                     As indicated
                                                                                                                                                                                                                                                          1/2" = 1'-0"
FROM:                                                                TO:
PIatinum Contracting Group, LLC                                      Frank Peterson
3265 WaIker Ave NY Suite D                                           Citv of Muskegon
Grand Rapids, MI 49544                                               933 Terrace St
                                                                     Muskegon Mi 4944O
Date: 2.4.2020


Owner Change Order#1


                                       SCOP各OF WORK


                 I Asbestos Abatement                                                                                   0.00
                 2  Demo ofexisting Chase Wa=s for new lavout                                                           0.00
                 3  Placing BackConcrete at oId chase waiI                                                         1,9 与.00

                 4  Additionai Biocking MateriaI for added StalIs and Accessories                                   8   0.00
                 5 lnsta= of additionaI partitions and accessories                                                7,6 3.08
                 6  Addjng 6 HM Doors, Frames, and Hardware                                                       9,1 0.00
                 7  Frame New Wa=s per revised layout. lnc. Nursing                                               9,8 0.00

                 8  Additional Wa= T=e per revised wai=avout                                                       8,6 2.00

                 9  Painting of Nursing Stations and Door Frames                                                   1,2 与.00

                 lO Added 14 StaIIs and UrinaI Screens -To=et Partitions                                         2与,4 0.00
                 ll Added Plumbing Fixtures and associated wo「k                                                  39,0 0.00
                 12  Adding 3 wa= heaters and associated pipingfo「 new layout                                     13,0 2.00
                 13  Adding Fire AIarm Svstem, Lighting Revision                                                  11,1 4.00

                 14  Window Repiacement and Demo                                                                 23,7 与.00

                 15  Added 2 Baby Changing Stations                                                                 4   0,00
                 16  Platinum OH/P at 5%                                                                           8,4 与.30




                                                                                                   d青で∴ふヽ十・⊂﹂で




OriginaI Contract Value                                                                                          266,1 3.69

Net Change f「om Previous Change Orders

Current Contract TotaI                                                                                           266,1 3.69


Current Change Request                                                                             S 177,9 1,38
Revised Contract TotaI                                                                             S 444,1 与,07




           PLATlUM CONTRAING GROUP LLC                                            City of Muskegon




                  Matt Anisko                                                         Frank Peterson
Matthew Anisko

[「om:                             KyIe CIark >>>>>>> $23,700。
BASE BID CLARIFICATIONS.
>Revision incIudes all changes pe「 drawings dated l/21/20.
>Cement boa「d subst「ate is included at the ceramic t=e areas.
>We do not incIude any tempora「y pa「航ions, dust bar「icades o「 ¶oo「 protection.
>We do not incIude any wood framing, fur「ing, bIocking or pIywood.
>We do not incIude any demo=tjon.
>A= work to be perfomed du「ing the hou「s of 7a to 3p, Monday th「ough Friday.
>DaiIy cieanup of our const「uction reIated deb「is is incIuded. Onsite dumpste「 to be provided by others.




ALTERNATES.
AしT#01.             To     revisethe              base         bid       ceiling           repair        ADD:       $2,110
This price includes revising the base bid ce冊g 「epair (drywaII and texture in印S) to laminating 318’’thick drywa= over th
entire surface.

                                                                                                                      ¥牛山J¥

                                                                                    Respecffu=y submitted ,

                                                                                     功名/後ん之ア
                                                                                    Mitch Shoobridge
                                                                                    Estimato「




                                                                                       Date:




01I28I20 9・13 AM
Pagel ofl                   and any listed aItemates.
+O attachments              2. Work to be invoiced mon州y with netdue in 30 days. 1.5% monthIy service cha「ge w用be added to a=
                                                                                                                                PaSt
                            due accounts (18% per annum)
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                                                                                                               P巾ed




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                                                                         Q(y  2.i20    Cosl  2.2事        1.770 900           0() 00
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                                                                                       ScarmedbvCamSc                                           er
Men′s Bath「oom #14

   ● 7-KohIerwa= hungwatercIosetswith KohIermanuaifIushvaIves.

   ● 12-KohIe「Dexte「Wa= hungurinaIswith Kohler manuaifIushvaIve.

   ● 6-KohIerChesapeakewa= hunglavatorieswith KohIer, ChromesingIe handIefaucet, less pop up, incIu es lO16

      tempering valves and iavatory gua「ds.

   ● 7一」rSmith horizontaI watercIosetcarriers.

   O 6-」RSmith lavatorycarriers.

   ● 12-」RSmith urinalcar「iers.

   ● 1-3’’fIoordrainwith bronze nickeItop, incIudestrapseaI.




Women’s Bathroom ♯12/縛13

   ● 34-KohlerwalI hungwatercIosetswith KohIermanuaIflushvaIves.

   ● 7-Kohle「Chesapeakewa= hung lavatorieswith Kohier, ChromesingIe handlefaucet, Iess pop up. 1ncIu es lO16

      tempering vaIves and lavatory gua「ds.

   ● 34-」r Smith horizontaI water cIoset carriers.

   ● 7-」RSmith Iavatorycarriers.

   ● 2-3’’fIoordrainwith bronze nickeltop, incIudestrapseal
DOES NOT INCしUDE:
    ● FIoorpatchingand repairsofanyunused coresthrufIoor.

    ● Locker 「oom fixture/reIated plumbing updates

    ● Water heaterforfixtures in restrooms.

    ● NaturaI gas pipe and/orheating reIatedwork.

    ● Condensate.

    ● Storm pipingand related work,




Totai cost: ; 96,945.00




Cost to remove old insuIation and insta= new fiberglass insuIation and fittings in lower Ieve=ocker room on   isting
heating lines. ADD: ; 4,340.00




Thank you




Shawn PoIs
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  D種te: 1I30I2020


  TO: P!atinum Co.      ATTN: Brian Bush


  RE: LC Walker Arena Restroom Phase Two

  we propose the following pricing for the LC Walker Arena Phase Two Restroom Changes for your consideration.
  If you have any questions or require further infomation, Please feel free to contact me.

   Sc○pe:


       . provide and insta11 three new ceiling hanging hydronic unit heaters (One Per Restroom Space)
       . Line voltage themostats (Wiring done by elec証cian)

       ● All needed hydronic water piping

       ・ Test&Fi11newpIPlng
       ● One new restroom roofmounted exhaust fan for the center space created

       ● All needed ductwork with ceiling registers & air transfer ducts

       ・ Start-uP PrOCedures



   坦壁書9,池過 多圭一、

   Existing Fan Altemate Replacement

                                                                                        d ifan upgrade was needed an
   There are two exis血g exhaust fans curently pulling from
   or wanted the cost to replace these two fins would be in the sum



            Exclusions: Structural supports; Curb flashing; rOOfi/floor/wall openings or f aming and patching/sealing
            thereof; COnCrete Pads; Wiring above 24 volts; StarterS & disconnects; temPOrary heat; gaS Service to
            building; Plumbing; Participation in composite clean-uP CreWS; OPeration’maintenance・ Or Warranty

            extension if the HVAC systems are used for temporary conditioning; arChitectural access doors

            clarifications: Pricing assumes nomal億ade sequencing and a clear work area will be provided. All back
            charges will be resoIved within 30 days ofthe occurrence.


            ェs哩壁: Pricing is fim for 30 days. Quafty Air retains title to equipment until paid.




    Quality Air




     あ管雇あ
    Quality Air
    Sales engmeer




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                                                                                   eoM戸〇日丁
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                              ELE⊂TRI⊂
                               【     i i lI I     】          】               I ・言=     i




                           6138 E 136th street- Sand Lake, Mi 49343

                   Quote 19COO24-04-02 Addendum #1

PIatinum Contracting Group                                                                 DATE: 1/30/202
LCWaIker Bathroom Phase =
470 W. Westem Ave
Muskegon, M1 49440



P「iceto include

   ● Engineered drawings

   ● 14 ( 9 standard, 5 battery) additiona川ghts in bathrooms incIuding battery

       backup
   ● Firealarmdrawings

   ● insta=ation offirealarm system

   ● Lighting controIs and switching

   ● Firealam permitand inspections

   ● Newcircuitand switchingof3rdexhaustfan

   ● Newcircuitfor3 Hydronic Unit Heate「s



Price excludes
   ●




                                                                                            却l号封-7

Thank you for the opportunityto work with you.


Tim Newton
President
                    WILL NEED 48 HOURS NOTICE BEFORE INSTALLATION.
                                 PRICES GOOD FOR 90 DAYS




丁IM NEWTON                                     OF円C巨                                        BRENT ANDERSO
PRESIDENT                                   之31.72o.与319                                   PRO忙CT MANAG
616.799.41与9                                                                                      之31.与与7.81

[email protected]                                                 BANDERSON         NEWTELECTRiC.CO
Matthew Anisko

各rom:                            Brian Bush
Sent:                            Tuesday, 」anuary 21, 2020 12:09 PM
丁o:                              Frank Peterson
C`:                              Matthew Anisko
Su助ect;                          LC WaIker Locker Room Exterior Glass
Atta⊂h ments:                    Lakeshore Glass Proposal - LC Walke「 Iockerooms.pdf




Frank,


See attached price to suppIy and insta= a new aluminum storefront system atthe 4 Iocations we discussed a fe   weeks
backforthe exteriorgIass in the Iocker rooms. There is aiso a costfor Demo of$3,500.


DemoS3,与00
Supply and instail new gIass and storefront system ;20,225.


TotaIPrice
S23,72与




Piease let us know ifyou wantto proceed with this 「oute.



Brian Bush
Partner
Di「ector of FieId Operatjons

(C): 616.879.938之
3265 WaIker Ave NW Grand Rapids, M1 49544
WWW.PiatinumGroup3.com


PIease send hard copy ma旧o: P.O. Box 273 Comstock Park, M1 49321




                狸Z詔物幽              GROUP LLC
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: February 11, 2020            Title: Arena Wall Padding

Submitted By: Frank Peterson                          Department: City Manager

Brief Summary: Staff is seeking authorization to purchase 72 dasher board pads at a cost of
$29,284.00 from Sportsfield Specialties, and eight storage carts at a cost of $2,497.14 from Uline.
The total cost of the combined purchase, including shipping is $31,781.14.

Detailed Summary: 2020 will mark the 5th season that Mercy Health Arena has hosted
professional indoor football. When the team was initially created, the city acquired used turf and
used dasher board padding as we worked to determine if indoor football would be sustainable in
Muskegon. A new field turf was purchased three years ago. Staff is now requesting permission to
purchase new dasher board padding. The new padding will better-meet safety standards, and will
also use significantly less storage space at the arena. Storage capacity continues to be an issue
since the arena lost its storage garage during a storm four years ago. As part of the negotiation
process of the Mercy Health naming rights agreement, staff committed to ensuring that all of the
arena’s teams benefitted from the investment. The West Michigan Ironmen identified this as their
top need. This investment represents approximately 1.98% of the $1.6 Million sponsorship. The
ownership group accepts this as the only direct investment from those funds into the team’s needs.
The city will own the equipment and make it available to the team at no cost.



Amount Requested: $31,781.14                         Amount Budgeted: $0

Fund(s) or Account(s): Public Improvement            Fund(s) or Account(s): N/A

Recommended Motion: Authorize the purchase at an amount not to exceed $37,781.14.

Check if the following Departments need to approve the item first:
Police Dept.         Fire Dept.         IT Dept.


For City Clerk Use Only:
Commission Action:
                                                                                                                                     ▌SALES QUOTATION
                                                                                               Document Number                       Document Date                Page

                                                                                               36000                                 01/13/20                     1/2

                                                                                               Customer No.
                                                                                               C01208

                                                                                               Customer Reference No.
                                                                                               Western Michigan Ironman: Arena Football Pads

                                                                                               Sales Contact
                                                                                               Greg Van Pelt
                                                                                               Direct: N/A
                                                                                               Cell: 330-814-4567
                                                                                               [email protected]


Bill-to Address:                                                                               Ship-to Address:
Estimator                                                                                      Estimator
USA                                                                                            USA



Item                                                                                                Quantity UoM                                Price                     Total

DBPCF542                                                                                                  66      Each                      372.000                 24,552.00
Dasher Board Pad - Size: 96''W x 42''H x 6'' Top Return, 5'' High Impact Foam
Combination: 3.75'' Polyurethane + 1.25'' Cross-Linked Polyethylene (XPE), 19 oz.
Heavy Coated Vinyl Encasement, 4'' Loop Flap with 4'' Hook Self-Adhesive,
L-Shaped Design Specifically for Dasher Boards

Remarks: Dasher Pads per Request:

(66) Standard Dasher Pads

DBP-CUSTOM                                                                                                    6   Each                      372.000                   2,232.00
Custom Dasher Board Pad

Remarks: Dasher Pads per Request:

(6) Odd Sized Dasher Pads

Same ID Dimensions as a DBPCF542 - 5" Thick - Just Lengths are Different

(4) 29"w
(2) 60"w
· $25 charge PER CUT-OUT if needed for electrical outlets, light switches, etc.
· Graphics are additional if requested by customer.
· Assumes pads and other materials can be stored within facility before/during installation.
· Assumes padding support structure (i.e. concrete wall, steel framing, block wall, etc.) is provided by others.
· Proposals are typically based on available drawings, rough measurements, etc. Priomats Athletics reserves the right for
additional charges should discrepancies be discovered during the field verification process.
· In the event that construction delays and/or schedule constraints necessitate the use of other trades shop drawings for pad
creation (in lieu of a site visit), Promats cannot be held liable for any resulting discrepencies. If new pads must be created,
additional charges may apply.
Please be aware that due to our limited storage capacity, we do not have much flexibility to extend ship dates for certain
products. Please let us know immediately if you need to adjust your shipment date.


  Payment Term                                                                            Prepaid                  Quotation Subtotal:                            $ 26,784.00


                                                                                                                   Freight:                                         $2,500.00

  Freight                                                                  Shipping Type: Bestway
                                                                                                                   Tax:                                                  $0.00

   Description                                                                           Amount
                                                                                                                   Total Amount:                                 $ 29,284.00
   Freight(D2)                                                                           2,500.00




Printed By: jcadle                                                           Remit To:                                                                        Billing Questions:
                                                                             PO Box 231                                                                    Phone: 607-746-8911
Printed On:                                                                  Delhi, NY 13753                                             Email: [email protected]
1/15/202012:31:10PM
                                                                                                                                         ▌SALES QUOTATION
                                                                                                  Document Number                        Document Date                   Page

                                                                                                  36000                                  01/13/20                        2/2


                                                                                                                                                         Quotation Valid Until: 03/13/20

                                                                                                                                                         Quote Created By: Jacob Cadle



1.    Customer is responsible for material take-off, quantities and specification compliance and/or equivalency of quoted products.
2.    All prices listed are in US Dollars
3.    Delivery is 2-8 Weeks after receipt of purchase order, credit approval, and acceptance of color, material(s) and design.
4.    All freight is FOB Origin. Freight rates are estimates provided at the time of quotation and the actual freight charges may be
      adjusted and will be invoiced at the time of product shipment. The actual freight rates may differ from the estimates as a result of
      variable factors, such as the change in product quantity and/or material order, state of the national economy, fuel costs, capacity and/or rate
      levels at the time of shipment. Split orders will require additional freight charges. Freight quoted does not include additional equipment to
      unload or unloading services, assembly or installation.
5.    Applicable State and Local Sales Tax will be added to the final invoice unless a tax exempt or Resale Certificate is provided prior to order
      shipment.
6.    Wire transfers, prepayment by check and established credit terms are accepted payment methods. Accepted credit cards are VISA, Mastercard
      and American Express.
7.    Pricing assumes any electrical connections and wiring are supplied by others unless otherwise indicated.
8.    Customer is responsible for approval and associated cost of any applicable local and state codes.
9.    Due to the ongoing increase of steel and aluminum raw material pricing caused by increased demand, coupled with market instability and
      uncertainty due to the implementation of international trade tariffs, Sportsfield Specialties, Inc. will no longer be able to guarantee current
      product pricing after this quotation has expired in sixty (60) days. To avoid a potential product price increase, customers will need to provide
      Sportsfield Specialties, Inc. with a fully executed purchase order or letter of intent before this quotation expires to guarantee this product
      pricing. Sportsfield Specialties, Inc. reserves the right to requote product pricing as necessary based on current steel and aluminum raw
      material pricing once this quotation has expired in sixty (60) days.




Printed By: jcadle                                                            Remit To:                                                                             Billing Questions:
                                                                              PO Box 231                                                                         Phone: 607-746-8911
Printed On:                                                                   Delhi, NY 13753                                                  Email: [email protected]
1/15/202012:31:10PM
                                   1-800-295-5510                                                        PRICING
                                   uline.com
                                   [email protected]
                                                                                                         REQUEST
                                                                                                REQUEST # WB118764790-1
Thank you for your interest in Uline!

        PROVIDED TO:       WEST MICHIGAN IRONMEN                 SHIP TO:      WEST MICHIGAN IRONMEN
                           5906 COMMERCE CENTRE CT                             5906 COMMERCE CENTRE CT
                           MUSKEGON MI 49444                                   MUSKEGON MI 49444




              CUSTOMER NUMBER                              SHIP VIA                                      REQUEST DATE

                                                  MOTOR FREIGHT - HOLLAND                                 01/29/20
   QUANTITY       U/M     ITEM NUMBER                    DESCRIPTION                             UNIT PRICE          EXT. PRICE

              8 EA      H-4973          HANDLE FOR METAL PLATFORM TRUCKS - 30"                          35.00             280.00

              8 EA      H-2667          METAL PLATFORM TRUCK - 30 X 60"                               237.00             1,896.00




                                           SUB-TOTAL        SALES TAX       SHIPPING/HANDLING                  TOTAL                   1
                                            2,176.00         141.35                179.79                     2,497.14


NOTE:




                                                                                                                         Page 1 of 1
                                                                                 Estimate

                                                                                 Date                   12/20/2019
Kodiak Sports, LLC                                                               Estimate #             42893
5700 Granite Parkway, Ste. 200
Plano TX 75024                                                                   Expires                1/19/2020
877-401-2298 - Phone, 877-201-6677 - Fax                                         Exp. Close             12/20/2019
http://www.kodiaksports.com
GSA Contract #: GS-03F-0101X Tax ID: 84-1598252                                  Project
                                                                                 Customer Phone No      (231) 780-7569
                                                                                 Shipping Method        Freight/Common Carrier
                                                                                 Customer Name          Michigan Ironmen Foot...

Bill To                                  Ship To
Scott Niswonger                          Scott Niswonger
Michigan Ironmen Football                Michigan Ironmen Football
Muskegon MI 49440                        Muskegon MI 49440




Quantity       Item                          Item Notes/Comments                        Options       Rate        Tax    Amount
           1   Custom Vinyl                  Dasher Board Padding for Arena                           40,000.00           40,000.00
                                             Thickness: 4“
                                             Color: Black
                                             Arena Size: 85‘ x 200’ x 42”H x 6“return
                                             (requires final measurements of customer


                                             Attachment Method: Grommets top and
                                             bottom, customer to use bungee/twine or
                                             other to attach per their preference




Payment due via wire transfer upon order placement.
                                                                                                         Subtotal        40,000.00
Lead time: 6-8 weeks                                                        Shipping Cost (Freight/Common Carrier)        1,780.22
                                                                                                            Total       $41,780.22




           42893
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: February 11, 2019            Title: MDEGLE Grant Agreement

Submitted By: Frank Peterson                          Department: City Manager

Brief Summary: The City was previously awarded a grant from MDEGLE to address PFAS
contamination at the convention center construction site. The original $500,000 grant is being
increased to $700,000 to address additional environmental cleanup associated with a recently
uncovered abandoned-oil well.

Detailed Summary: In addition to the $700,000 in grant proceeds, MDEGLE will also directly incur
the costs associated with filling and capping the oil well. The construction project should have
little-to-no out-of-pocket costs associated with these environmental issues.



Amount Requested: $0                                 Amount Budgeted: $0

Fund(s) or Account(s): N/A                           Fund(s) or Account(s): N/A

Recommended Motion: Authorize the City Manager to sign the grant agreement and incur the
costs associated with the environmental cleanup as part of the convention center construction
project.

Check if the following Departments need to approve the item first:
Police Dept.         Fire Dept.         IT Dept.


For City Clerk Use Only:
Commission Action:
                                                  S TATE OF M ICHIGAN
                                         DEPARTMENT OF
                               ENVIRONMENT, GREAT LAKES, AND ENERGY
                                                        L ANSING
GRETCHEN WHITMER                                                                                        LIESL EICHLER CLARK
    GOVERNOR                                                                                                  DIRECTOR




                                                         January 31, 2020


       Mr. Frank Peterson
       City Manager
       City of Muskegon
       933 Terrace Street
       Muskegon, Michigan 49440

       Dear Mr. Peterson:


       SUBJECT: Brownfield Redevelopment Grant Amendment #1
                Muskegon Convention Center
                Tracking Code: 2020-2422

       The Department of Environment, Great Lakes, and Energy (EGLE) received your request for a budget
       modification and change in the project scope of the Brownfield Redevelopment Grant for the Muskegon
       Convention Center project. We support a budget modification and change of scope to the City in order to
       complete the work.

       Please note that the end date of your current agreement is, November 5, 2021. The amendment to modify
       the agreement must be signed by both your agency and EGLE to go into effect. Attached is the agreement
       amendment that reflects the revised budget and project work scope. Please sign and return the
       amendment as soon as possible.

       Please return via email:
            1. Print and sign the attached document
            2. Scan the signed version
            3. Email the scanned file to both myself and [email protected]

       After the amendment has been signed by EGLE, a signed original will be returned to you for your records.

       Thank you for keeping us informed of the project status. If you have any questions please contact me.

                                                         Sincerely,




                                                         Andrea Ryswick, Brownfield Redevelopment Coordinator
                                                         Brownfield Assessment and Redevelopment Section
                                                         Remediation and Redevelopment Division
                                                         616-401-0827
                                                         [email protected]
       Enclosures
       cc: Ms. Carrie Geyer, EGLE
            Mr. Ryan Londrigan, EGLE
            Ms. Dawn Austin, EGLE
            Mr. Mark Kussro, EGLE
            File #2020-2422


                CONSTITUTION HALL • 525 WEST ALLEGAN STREET • P.O. BOX 30473 • LANSING, MICHIGAN 48909-7973
                                              Michigan.gov/EGLE • 800-662-9278
                         Agenda Item Review Form
                          Muskegon City Commission
Commission Meeting Date: February 11, 2020             Title: Amendment to Wireless
                                                       Communication Support Facilities ordinance

Submitted By: Mike Franzak                             Department: Planning

Brief Summary: Request to amend Section 2321 of the Zoning Ordinance to allow Wireless
Communication Support Facilities as a special use permitted in the overlay district at 770 Terrace
St. – SECOND READING



Detailed Summary:
The current ordinance only allows for these types of facilities in six locations around the City. The
Commission recently amended the ordinance last year to allow for them at Marsh Field and the
Filtration Plant. This new location would be behind the Central Fire Station and would only include
a monopole for emergency communications. The Planning Commission unanimously
recommended approval at their January 16 meeting. They also voted in favor of the special use
permit for the monopole, contingent upon approval of this amendment by the City Commission.



Amount Requested:                                     Amount Budgeted:

Fund(s) or Account(s):                                Fund(s) or Account(s):

Recommended Motion: To approve the amendment to Section 2321 of the Zoning Ordinance.



Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action
                                           CITY OF MUSKEGON

                                   MUSKEGON COUNTY, MICHIGAN

                                          ORDINANCE NO._____

An ordinance to amend Section 2321 of the Zoning Ordinance to the Form Based Code Section of the Zoning
Ordinance to allow Wireless Communication Support Facilities as a special use permitted in the overlay district
at 770 Terrace St
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

NEW LANGUAGE (additions in bold)

Overlay District Established for Wireless Communication Support Facilities [amended 6/06]
Intent: An overly zone is hereby created for the siting of wireless communication facilities (WCF) and wireless
communication antenna (WCA). The zone is identified as:
1.     The Pulaski Lodge, 871 Pulaski Avenue described as:
       W 589 ft of E 757 ft of N 10 acres of SE ¼ of SE ¼ exc N 25 ft thereof Sec 37 T10N R17W.
2.     City of Muskegon That Part of NE 1/4 of SE 1/4 Sec 33 T10N R16W Lying S of Consumers Power
       Co 100 Ft R/W W Of US 31 State Hwy E Of Relocated C & O R R R/W & N Of Little Black Creek
3.     City property near the terminus of Yuba Street, described as:
       Lot 1 Blk 1 & that part of Lot 3 Blk 1 & N ½ of SE ½ Sec 17 T10N R16W lying Sly & Ely of
       Muskegon River & Nly of US 31 business rte and Lots 1, 2 & 3 Blk 121.
4.     A portion of the Muskegon Community College campus, 221 S. Quarterline Road, described as:
       Commencing at the S ¼ corner of Section 15, T10N, R16W, City of Muskegon, Muskegon County,
       Michigan, thence N 01°04’25” E 815.71 feet along the N-S ¼ line of said Section 15 and the centerline
       of Quarterline Road (66 feet wide); thence N 88°56’41” W 1035.89 feet to the Point of Beginning;
       thence continuing N 88°56’41” W 60.00 feet; thence N 01°03’19” E 60.00 feet; thence S 88°56’41” E
       60.00 feet; thence S 01°03’19” W 60.00 feet along the West face of an existing building to the point of
       beginning being a part of the SW ¼ of Section 15, T10N, R16W, City of Muskegon, Muskegon County,
       Michigan, and containing 0.083 acres or 3600 sq. ft. of land, more or less, subject to easements and
       restrictions of record, if any. [amended 11/00]
5.     Marsh Field
6.     Water Filtration Plant
7.     Muskegon Central Fire Station

This ordinance adopted:

Ayes:______________________________________________________________

Nayes:_____________________________________________________________
Adoption Date:

Effective Date:

First Reading:

Second Reading:

                  CITY OF MUSKEGON

                  By: _________________________________
                         Ann Meisch, MMC, City Clerk
                                         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 28th day of January 2020, 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: ___________________, 2020.            __________________________________________
                                             Ann Meisch, MMC
                                             Clerk, City of Muskegon




Publish:       Notice of Adoption to be published once within ten (10) days of final adoption.
                                               CITY OF MUSKEGON
                                               NOTICE OF ADOPTION

Please take notice that on January 28, 2020, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 2321 of the Zoning Ordinance to the Form Based Code Section of the Zoning
Ordinance to allow Wireless Communication Support Facilities as a special use permitted in the overlay
district at 770 Terrace 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 ____________________, 2020.                          CITY OF MUSKEGON


                                                               By _________________________________
                                                                        Ann Meisch, MMC
                                                                        City Clerk


---------------------------------------------------------------------------------------------------------------------


PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.


Account No. 101-80400-5354
                                                                                                          941 Dillon Way
                                                                                                                  Suite B
                                                                                                     Lebanon, OH 45036
                                                                                                       Office: 513-228-2992
                                                                                                       Mobile 513-886-8858
                                                                                                         Fax 513-228-1596

December 17, 2019
                                                                                       [email protected]
City of Muskegon
Planning and Zoning
933 Terrace St
Muskegon, MI 49440


Re:     Zoning Request – Muskegon County Emergency Communications Upgrade
        Muskegon Central Dispatch
        770 Terrace Ave Parcel ID 51-24-205-355-0009-00

Director of Planning and Development

Pyramid Network Services in conjunction with Motorola Solutions has been tasked by Muskegon County
Emergency Services to enhance the existing First Responders RF Communications System. This involves
several project sites in and around Muskegon County installing new communication towers to all for greater RF
penetration.

A project site in Muskegon has been vetted as an excellent location to install a 195’ Monopole. The parcel is
identified as the Muskegon Fire Station.

                                                 Project Scope
Approval of the proposed site will allow enhanced penetration of RF signal in the central portion of Muskegon
County. This will enable First Responders to have clear communication inside buildings made of dense
construction materials. This proposed project location with interact with 3 additional new communication sites
throughout the county of Muskegon providing county wide communication.

When all sites are operable and optimized they will be included in the Michigan Public Safety Communication
System (MPSCS). As a part of the MPSCS network, the county of Muskegon will be connected to the state
communication system allowing statewide communication from First Responders.

The location of this specific tower was determined based on an RF propagation map showing the weaker
locations for RF penetration within the western section of the county. Based on the data a general location for a
tower and the height requirement is established. The best location is then vetted. In the instance where the
county of other public interest is the owner, efforts are made to determine if any existing property currently
owned is available for construction of a communications tower. While every attempt is made to look at
collocation on existing towers, generally the cost of the lease and the absence of security on the tower drive the
owner into construction of a new tower. In this instance there were no other towers within the required search
ring that provided any collocation capabilities.

Post construction, the tower will become a part of the state wide MPSCS system. The MPSCS will be
responsible for care and maintenance.




                                                        1
                                                                                                           941 Dillon Way
                                                                                                                   Suite B
                                                                                                      Lebanon, OH 45036
                                                                                                        Office: 513-228-2992
                                                                                                        Mobile 513-886-8858
                                                                                                          Fax 513-228-1596


December 17, 2019                                                                       [email protected]
Muskegon County Emergency Communications Upgrade
Muskegon Central Dispatch
770 Terrace Ave Parcel ID 51-24-205-355-0009-00


Parcel Scope

The proposed parcel is owned by the City of Muskegon Central Dispatch. The site is an active EMS Dispatch
Facility. The parcel is zoned is R1 Single Family.

The parcel is ~405’ wide by ~226’ deep. The tower would be constructed ~56’ from the North Boundary, ~75’
from the West Boundary, ~175’ from the South Boundary and ~156’ from the East Boundary.

To the West Boundary there are commercial residential structures at ~222’.
To the South Boundary there is 1 residential structure at ~52’.
To the North Boundary the Fire Station has no structures within 500’
To the East Boundary the Fire Station has no structures within 500’

The proposed tower is a 195’ Monopole. The tower will not be lighted as per FAA Guidelines. A 10’ x 10’ fence
will be installed around the Monopole for security.

The County of Muskegon is eager to get this project underway with ground disturbance beginning in early spring.
This will allow for all project sites to be completed in time for testing in the fall prior to the trees de-leafing.
                                                          Costs

The cost of the tower, shelter and labor to install is projected to be around $145,104.31
                                                          Fees

Based on the web site fee schedule, a check for $500.00 will be forward under separate cover for Site Plan
Review. Please advise if additional funds are required.

We would like to be included on your earliest Planning Schedule if possible. If you have any questions regarding
the application or the project please contact me at 513-228-2992.

Thank you in advance for your cooperation.

Sincerely



Kevin Glardon PMP-MPM
Senior Project Manager-A&E
Central Region
941 Dillon Way, Suite B Lebanon, OH 45036
(O) 513-228-2992
(F) 513-228-1596
(M) 513-886-8858

Corporate Office
6615 Towpath Rd, E Syracuse, NY 13057




                                                         2
                                                                                                 941 Dillon Way
                                                                                                         Suite B
                                                                                            Lebanon, OH 45036
                                                                                              Office: 513-228-2992
                                                                                              Mobile 513-886-8858
                                                                                                Fax 513-228-1596


December 17, 2019                                                             [email protected]
Muskegon County Emergency Communications Upgrade
Muskegon Central Dispatch
770 Terrace Ave Parcel ID 51-24-205-355-0009-00


Enc:    Site Plan Review Application
        Special Use Application
        Stamped/Sealed Drawings to scale
        Tower Drawing
        Site Overview Aerial

CC:     Ron Mirka – Motorola Solutions
        Rod Prodonovich – Director- Pyramid Network Services
        Don Cottrell- Project Manager Sr., Civil - Pyramid Network Services
        Everett Ozbat – Project Manager -- Pyramid Network Services

File:   Michigan/Muskegon/Central Dispatch/A&E/Zoning




                                                       3
                         Agenda Item Review Form
                          Muskegon City Commission
Commission Meeting Date: February 11, 2020            Title: Rezoning of 372 Morris Ave

Submitted By: Mike Franzak                            Department: Planning


Brief Summary: Staff initiated request to rezone the property at 372 Morris Ave from Form Based Code,
Downtown to Form Based Code, Mainstreet. SECOND READING




Detailed Summary:
The Planning Commission unanimously recommended approval at their January 16 meeting.



Amount Requested:                                   Amount Budgeted:

Fund(s) or Account(s):                              Fund(s) or Account(s):

Recommended Motion: To approve the rezoning request for 372 Morris Avenue.



Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action
Planning Commission Excerpt

SUMMARY


   1.   The property measures nearly eight acres and is zoned Form Based Code, Downtown. This zoning designation
        only allows for mixed-use buildings.
   2. The property owner has plans to develop this lot, but they would like to offer a different variety of buildings
      within the development. Preliminary plans include a hotel, parking garage with retail frontage, entertainment
      center, dining, event space and townhomes. The mainstreet context area would allow for all of these building
      types.
   3. Please see the enclosed preliminary site plan.
   4. Please see the enclosed zoning ordinance excerpt on Mainsteet Context Areas.
   5. After the successful rezoning, the applicant plans to apply to the Planning Commission for a “Specific
      Development Plan” as allowed in Section 2002.01D of the Form Based Code.


                                                   Zoning Map
                                CITY OF MUSKEGON

                            MUSKEGON COUNTY, MICHIGAN

                                 ORDINANCE NO.

   An ordinance to amend the zoning map of the City to provide for a zone change for 372
     Morris Ave from Form Based Code, Downtown to Form Based Code, Mainstreet

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 for 372 Morris
Ave from Form Based Code, Downtown to Form Based Code, Mainstreet.

CITY OF MUSKEGON REVISED PLAT OF 1903 THAT PART OF BLK 563 AS RECORDED IN LIBER
3 OF PLATS P 71 DESC AS FOL COM AT S MOST COR OF SAID BLK BEING NELY COR OF
MORRIS AVE AND 3RD ST TH N 50D 52M 38S E ALG SELY LN SD BLK 563 ALSO BEING NWLY
LN OF MORRIS AVE A DISTANCE OF 150 FT FOR POB TH N 39D 07M 22S W 219.50 FT TH S 50D
52M 38S W 39.70 FT TO SELY LN LOT 8 BLK 563 TH S 32D 41M 25S W ALG SD SELY LN 123.84
FT TO NELY LN 3RD ST SD POINT BEING N 41D 27M 00S W 181.00 FT FROM S MOST COR SD
BLK TH N 41D 27M 00S W ALG SD NELY LN 202.70 FT TO SELY LN SHORELINE DR (FORMERLY
TERRACE ST EXTENSION) TH N 27D 38M 19S E ALG SD SELY LN 758.92 FT TO A POINT WHICH
IS 36 FT MEASURED AT RT ANG SWLY OF SWLY LN BLK 562 OF SD REV PLAT (EXTENDED)
ALSO BEING SWLY LN FIRST ST TH S 61D 44M 00S E PAR TO SD SWLY LN OF SD BLK 562 (SD
LN ALSO BEING 66 FT SWLY MEASURED AT RT ANG TO S MOST LN TERRACE PLAZA CONDO
AS RECORDED IN L 1124 P 179 TO 222 INCL MUSKEGON COUNTY RECORDS WITH A
RECORDED BEARING OF N 62D 30M W) A DISTANCE OF 474.43 FT TO A POINT ON NELY LN
LOT 1 SD BLK 563 TH S 39D 01M 00S E ALG SD NELY LN 18.26 FT TO A POINT WHICH IS 70 FT
NWLY OF SE COR SD LOT 1 TH S 50D 52M 38S


This ordinance adopted:

Ayes:

Nayes:

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                 CITY OF MUSKEGON

                                                 By: __________________________
                                                        Ann Meisch, MMC
                                                        City Clerk

                                                                                               1
      CERTIFICATE (Rezoning 372 Morris Ave from FBC, Downtown to FBC, Mainstreet)

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 11th day of February 2020, 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: ___________________, 2020             ________________________________
                                             Ann Meisch, MMC
                                             Clerk, City of Muskegon



Publish        Notice of Adoption to be published once within ten (10) days of final adoption.




                                                                                                        2
                                             CITY OF MUSKEGON
                                            NOTICE OF ADOPTION

Please take notice that on February 11, 2020, the City Commission of the City of Muskegon
adopted an ordinance amending the zoning map to provide for the change of zoning for 372 Morris
Ave from FBC, Downtown to FBC, Mainstreet:

CITY OF MUSKEGON REVISED PLAT OF 1903 THAT PART OF BLK 563 AS RECORDED IN LIBER
3 OF PLATS P 71 DESC AS FOL COM AT S MOST COR OF SAID BLK BEING NELY COR OF
MORRIS AVE AND 3RD ST TH N 50D 52M 38S E ALG SELY LN SD BLK 563 ALSO BEING NWLY
LN OF MORRIS AVE A DISTANCE OF 150 FT FOR POB TH N 39D 07M 22S W 219.50 FT TH S 50D
52M 38S W 39.70 FT TO SELY LN LOT 8 BLK 563 TH S 32D 41M 25S W ALG SD SELY LN 123.84
FT TO NELY LN 3RD ST SD POINT BEING N 41D 27M 00S W 181.00 FT FROM S MOST COR SD
BLK TH N 41D 27M 00S W ALG SD NELY LN 202.70 FT TO SELY LN SHORELINE DR (FORMERLY
TERRACE ST EXTENSION) TH N 27D 38M 19S E ALG SD SELY LN 758.92 FT TO A POINT WHICH
IS 36 FT MEASURED AT RT ANG SWLY OF SWLY LN BLK 562 OF SD REV PLAT (EXTENDED)
ALSO BEING SWLY LN FIRST ST TH S 61D 44M 00S E PAR TO SD SWLY LN OF SD BLK 562 (SD
LN ALSO BEING 66 FT SWLY MEASURED AT RT ANG TO S MOST LN TERRACE PLAZA CONDO
AS RECORDED IN L 1124 P 179 TO 222 INCL MUSKEGON COUNTY RECORDS WITH A
RECORDED BEARING OF N 62D 30M W) A DISTANCE OF 474.43 FT TO A POINT ON NELY LN
LOT 1 SD BLK 563 TH S 39D 01M 00S E ALG SD NELY LN 18.26 FT TO A POINT WHICH IS 70 FT
NWLY OF SE COR SD LOT 1 TH S 50D 52M 38S

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 ____________________, 2020                           CITY OF MUSKEGON

                                                               By ___________________________
                                                                     Ann Meisch, MMC
                                                                     City Clerk

---------------------------------------------------------------------------------------------------------------------

PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.

Account No. 101-80400-5354




                                                                                                                        3
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: February 11, 2020            Title: 4th of July Fireworks

Submitted By: Ann Meisch                              Department: City Clerk

Brief Summary: Melrose Pyrotechnics is requesting approval of a fireworks display permit for
July 4, 2020 in downtown Muskegon. The fire marshall will inspect the fireworks on the day of the
event. Staff will be working with the Lakeshore Chamber of Commerce to solicit sponsorships as
well as to organize a food truck rally. We expect this to be cost neutral to the city.



Detailed Summary:



Amount Requested: $35,000                            Amount Budgeted: none

Fund(s) or Account(s): TBD                           Fund(s) or Account(s):

Recommended Motion: To approve the fireworks contingent upon inspection and approval of
insurance.



Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: February 11, 2020             Title: Arena Related Agreements

Submitted By: Frank Peterson                           Department: City Manager

Brief Summary: Staff is seeking simultanious approval of the attached First Amendment to the
Naming Rights and Sponsorship Agreement between The City of Muskegon, Mercy Health
Partners, and WC Hockey, and Third Amendment to the Shared Use Agreement between the City
of Muskegon and WC Hockey.

Detailed Summary: WC Hockey and Mercy Health Partners have agreed to modify the Naming
Rights and Sponsorship Agreement to allow for more opportunities for healthcare-related
sponsorships within the area and with the various tenants of the facility. As part of these execution
of the original Naming Rights and Sponsorship Agreement, a number of changes to the Shared
Use Agreement became necessary. The amendment will accomplish the following:
   1. Formally update Exhibit A
   2. Finalize the capital investments of WC Hockey and set the repayment schedule.
   3. Update the City’s marketing participation with WC Hockey to account for required
      gameday-related deliverables owed to Mercy Health as part of the Naming Rights and
      Sponsorship Agreement.
   4. Allow for the accommodation of WZZM at the area.



Amount Requested: $0                                 Amount Budgeted: $0

Fund(s) or Account(s): N/A                           Fund(s) or Account(s): N/A

Recommended Motion: Approve the agreements and authorize the Mayor and Staff to execute the
agreements.

Check if the following Departments need to approve the item first:
Police Dept.         Fire Dept.         IT Dept.


For City Clerk Use Only:
Commission Action:

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