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CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 28, 2020 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
REMOTE MEETING
AGENDA
□ CALL TO ORDER:
□ ROLL CALL:
□ HONORS AND AWARDS:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. FY2020-21 Sewer Rate Resolution Update Finance
C. 9th Street Sewer & Getty Force Main Project – Change Order #001
Public Works
D. Tetratech Professional Services Agreement Public Works
E. Concession Agreement – Pizza Cone Trolley Public Works
F. Concession Agreement – Carlson Almonds Public Works
G. Vehicle Replacement DPW/Equipment
H. 2020 Byrne JAG Grant Public Safety
I. Cooperative Mutual Aid Fire Control Agreement Public Safety
J. Lakeview Lofts Phase II Bridge Loan Economic Development
K. Purchase Agreement 1188 4th Street City Manager
□ PUBLIC HEARINGS:
A. Infill Housing Project Brownfield Public Hearing Economic Development
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. West Urban Properties Agreement City Manager
B. Amendment to the Temporary Uses Ordinance Planning
C. Mobile Food Vending Ordinance Updates City Clerk
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□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT:
► 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
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 22, 2020 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the July 13, 2020 Worksession and July 14, 2020
Regular City Commission meetings.
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 WORKSESSION
Monday, July 13, 2020
5:30 p.m.
REMOTE MEETING
MINUTES
2020-40
Present: Mayor Gawron, Vice Mayor Hood, Commissioners German, Rinsema-
Sybenga, Emory, and Johnson
Absent: Commissioner Ramsey
Sewer Rate & Budget Implications – Public Works
The City Commission approved a 3% rate increase to the sewer at the June 23rd
Commission Meeting. This resulted in an approximately $350,000 shortfall in the sewer
fund for the 20-21 Budget Year. A memo was provided summarizing options to making
up the shortfall.
City Commissioners discussed options presented in the memo provided by the Public
Works Director, Leo Evans, who explained where the increase in cost is coming from as
well as some options to possibly reduce expenses, options to potentially increase
revenue, and some other alternatives.
Commissioners discussed the possibility of a 2% increase and removal of projects to
help cover the shortfall.
Mercy Health Arena Solar Installation – Public Works
Public Works Director, Leo Evans, presented information regarding preliminary
proposals from Charthouse Energy to install and operate solar arrays on the roofs of
Mercy Health Arena and the Annex.
The Preliminary proposal from Charthouse Energy that summarizes the project and the
parameters. Charthouse Energy has already successfully partnered with several other
local municipalities namely Muskegon Heights and Norton Shores on projects as well as
several private installations including Torresen’s Marina.
The Commission is supportive of the project.
West Urban Properties Agreement – City Manager
In June, the City Commission accepted a Letter of Intent from West Urban Properties
and authorized the city manager and city attorney to finalize a development agreement.
The proposed development agreement is provided and recommended for approval.
We are proposing the framework of a Pilot program that we would use to initially partner
with West Urban Properties to construct 100 units on vacant city lots. As part of the
program, either the City of West urban Properties may choose to stop home
construction prior to the completion of the 100 homes. The program is expected to be
applicable to many different builders/developers and many different housing types and
densities. As the City tries to reverse 40+ years of neighborhood disinvestment, it is
important that we acknowledge the areas that make us less attractive for development
than urban areas. Some of those items are more in our control than others. This
program focuses strictly on developer return on investment – with the goal of the city
acting as a partner to help ensure that a major investment in rental housing neither fails
to cashflow nor causes unreasonable increases in local rents. Many times, affordability
and profitability contradict one another – this Pilot program is designed to help attain
both.
The City Commission will have the opportunity to review the proposed program and the
item will be placed on the agenda for consideration on July 28, 2020.
There was some discussion regarding the Brownfield Amendment Plan as it relates to
the West Urban Properties Pilot Program and other infill housing opportunities, including
future opportunities.
The Worksession Meeting adjourned at 7:45 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 14, 2020 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
REMOTE MEETING
MINUTES
The Regular Commission Meeting of the City of Muskegon was held
electronically with the Mayor, Vice Mayor and Commissioners participating via
Zoom – a remote conferencing service, Clerk staff present at 933 Terrace Street,
Muskegon, MI at 5:30 p.m., Tuesday, July 14, 2020.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen J. Gawron, Vice Mayor Eric Hood, 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.
2020-41 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the June 23, 2020 Regular
City Commission Meeting.
STAFF RECOMMENDATION: To approve the minutes.
C. Human Resources Services Agreement EEO & Employee Relations
SUMMARY OF REQUEST: The current contractual agreement with Muskegon
County for Human Resources Services ended as of the June 30, 2020. The City of
Muskegon is proposing to continue services with this new agreement that
proposes a 2% raise annually for the duration of the three-year contract that will
end June 30, 2023.
AMOUNT REQUESTED: 2% increase annually
FUND OR ACCOUNT: Civil Service Budget
STAFF RECOMMENDATION: To approve the agreement and authorize the
Mayor and Clerk to sign.
D. Setting Infill Housing Project Brownfield Public Hearing Economic
Development
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SUMMARY OF REQUEST: The Brownfield Redevelopment Authority will be
meeting on July 14 to consider approval of the Brownfield Plan Amendment for
the City of Muskegon’s Infill Housing Project (1st Amendment) and the City
Commission will be requested to schedule a public hearing on that plan for July
28, 2020.
City staff has prepared and submitted a brownfield plan to include additional
parcels, primarily located within the Nelson and Jackson Hill Neighborhoods,
that will facilitate the development of infill housing at eligible properties.
Activities include the redevelopment and rehabilitation of subject parcels;
construction of new residential units; demolition of the former Froebel school in
order to redevelop that property with residential units; and public infrastructure
at the former farmers market to add additional residential units. The resolution of
approval by the Brownfield Redevelopment Authority and a resolution setting
the July 28, 2020 hearing are attached.
STAFF RECOMMENDATION: To approve the resolution setting a public
hearing for July 28, 2020 on the city’s Infill Housing Project Brownfield Plan
Amendment (1st Amendment) and notify the appropriate taxing units.
E. Sale of House at 254 W. Southern Avenue Planning
SUMMARY OF REQUEST: Request to approve the sale of the City-owned home
at 254 W. Southern to Filppin Awesome, LLC for $2,300. This is a vacant home
that the city acquired through the tax sale.
STAFF RECOMMENDATION: To approve the sale of the City-owned home at
254 W Southern Avenue to Flippin Awesome, LLC for $2,300.
F. LMC Loan Agreement Loan # 41 Public Safety
SUMMARY OF REQUEST: Review the Loan Agreement between the Lakeshore
Museum Center and the City of Muskegon for displaying the 1923 LaFrance Fire
Engine and attached equipment.
STAFF RECOMMENDATION: Accept the terms of Loan #41 between LMC and
the City of Muskegon.
H. Marina & Launch Ramp Parking Ordinance Amendments Public
Safety
SUMMARY OF REQUEST: Review and approve the amended ordinances
including Sec 58-5 naming the Department of Public Works as the successor to
the Department of Leisure Services. Sec 92-73 parking violations bureau;
minimum parking fines, and 92-74 marina parking restrictions; violation as a
municipal civil infraction and public boat launch permit violation fines.
STAFF RECOMMENDATION: Approval of the amended ordinances for Marina
and Launch Ramp Parking.
I. Approval of Sale: City Home at 567 Leonard Avenue Community and
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Neighborhood Services
SUMMARY OF REQUEST: To approve the resolution and instruct the Community
and Neighborhood Services Department to complete the sales transaction with
Cassandra Wallace for the rehabilitated home at 567 Leonard Avenue for a
purchase Price of $85,000.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS
staff to complete the sale.
J. West Urban Properties Agreement City Manager – REMOVED FOR
FUTURE CONSIDERATION
K. Purchase Agreement 1188 4th Street City Manager – REMOVED PER STAFF
REQUEST
Motion by Commissioner Rinsema-Sybenga second by Commissioner German,
to approve the consent agenda as presented, except items B and G.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, Ramsey,
and German
Nays: None
MOTION PASSES
2020-42 REMOVED FROM CONSENT AGENDA:
B. Notice of Intent Resolution – Capital Items including Central Dispatch
Finance
SUMMARY OF REQUEST: This resolution authorizes the publication of a Notice of
Intent relating to issuing capital bonds for the purpose of paying all or part of the
costs to acquire, construct, furnish and equip additions and improvements to
the Muskegon Central Dispatch 9-1-1 facility and fire station, Hartshorn Marina
including new docks, clubhouse and pool improvements, acquire police
department body camera equipment, and refinance existing obligations to
finance a new roof and heating and cooling ventilation to Mercy Health Arena.
The Notice of Intent Resolution indicates the City’s intent to issue its limited tax
full faith and credit Capital Improvement Bonds in an amount not to exceed
$11,000,000 to pay all or part of the cost of the above listed projects. It is
anticipated that Central Dispatch will pay the cost of the improvements to their
facility and it is anticipated that the Hartshorn Marina improvements will be paid
from the Brownfield Plan associated with that project. This resolution authorizes
the City Clerk to publish a notice which gives the voters a referendum right on
the issuance of the Bonds. The referendum period is 45 days. The commission will
be asked at a later date to approve the issuance of bonds once the exact costs
and bond details are known.
STAFF RECOMMENDATION: To approve the Notice of Intent Resolution to
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issue Capital Improvement Bonds in an amount not to exceed $11,000,000.
Motion by Commissioner Johnson second by Commissioner Rinsema-Sybenga,
to approve the Notice of Intent Resolution to issue Capital Improvement Bonds in
an amount not to exceed $11,000,000.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
G. Muskegon Central Dispatch Tower Site Lease Agreement Public
Safety
SUMMARY OF REQUEST: Review and approve the MCD tower site lease
agreement. As detailed in the lease agreement, the tower site lease includes all
communication equipment and buildings necessary for use and maintenance
of the newly constructed communications tower.
STAFF RECOMMENDATION: Approval of the tower site lease agreement
between the City of Muskegon and Muskegon Central Dispatch.
Motion by Commissioner Johnson second by Commissioner Rinsema-Sybenga,
to approve the tower site lease agreement between the City of Muskegon and
Muskegon Central Dispatch.
Motion by Commissioner Johnson, second by Commissioner Ramsey, to
table the motion for approval of the tower site lease agreement between
the City of Muskegon and Muskegon Central Dispatch until August 11,
2020.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga,
Emory, and Johnson
Nays: None
MOTION PASSES
PUBLIC COMMENT: No public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 6:10 p.m.
Respectfully Submitted,
Ann Marie Meisch – MMC, City Clerk
Page 4 of 4
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 28, 2020 Title: FY2020-21 Sewer Rate Resolution
Update
Submitted By: Beth Lewis Department: Finance
Brief Summary: The FY2020-21 sewer rate increase as agreed to at the July 13, 2020 Commission
Worksession is 5%, this resolution establishes the new rate.
Detailed Summary: At the June 23, 2020 meeting the Commission approved a 3% sewer rate
increase, after further discussion at the July 13, 2020 Worksession a 5% sewer rate increase was
agreed upon. This resolution establishes the new sewer rate.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To adopt the FY2020-21 Sewer Rate Resolution.
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 NO.________
At a regular meeting of the City Commission of Muskegon, Michigan, held at the City Commission Chambers on
July 28, 2020.
RECITALS
A review of the rates for sewer service has been accomplished by the city's staff, recommendations received, and
the City Commission has determined that the following rate changes are justified. Accordingly, this resolution is
made for the purpose of maintaining the financial viability of the city's sewer system.
THEREFORE, THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY RESOLVES:
1. Effective June 23, 2020, to rescind City of Muskegon Resolution No. 2019-53(F), which was adopted June 25,
2019.
2. Charges for residential sewer service shall be changed from a multiplier of 1.81 to 1.90 of the rate the county
bills the city for wastewater treatment effective July 1, 2020, with future rates to be adjusted as the county
charges are adjusted. The monthly sewer administration charge shall remain unchanged at $3.00.
3. Charges for commercial/industrial sewer service shall continue to be billed at a rate of 1.25 times (1.25x) the
city rate for residential sewer service. The monthly sewer administration charge shall remain unchanged to $3.00.
4. Charges for all non-metered residential sewer customers will be calculated based on an assumed usage rate
of 12 hundred cu. ft. per month.
5. Unless there is a separate agreement specifying a different billing method, non-resident users of the city sewer
system will be billed at a rate that is double (2x) the city rate for that class of user.
The above changes to be effective as noted above.
This resolution adopted.
YEAS:
NAYS:
CITY OF MUSKEGON
By: ______________________________
Ann Marie Meisch, MMC, City Clerk
STATE OF MICHIGAN COUNTY OF MUSKEGON
I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a meeting of the Board of
Commissioners of the City of Muskegon, Michigan, held on the 23rd day of June, 2020 and that the minutes of the
meeting are on file in the office of the City Clerk and are available to the public. Public notice of the meeting was
given pursuant to and in compliance with Act 267, Public Acts of Michigan, 1976.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 07/28/2020 Title: Project 91852 & 91853 / Change Order
#001
Submitted By: Leo Evans Department: Public Works
Brief Summary: Change Order #001 for projects 91852 & 91853 exceeds the staff authorization
levels and requires Commission Approval.
Detailed Summary:
Change Order #001 for the 9th Street Sewer & Getty Force Main Project (91852 & 91853) exceeds
the staff approval level of $30,000. The change order includes additional payment for removal of
timber obstructions on the bore and jack placement under Shoreline Drive and other minor
revisions. The total Change Order value represents an increase of $35,202.25 which has been
reviewed by staff and is recommended.
The original contract value is $1,899,971.50. The recommended change order represents an
increase of 1.8% to the project cost.
The total project budget includes up to a 6% contingency which is not exceeded by this change
order. Staff will pursue reductions in project cost on future items to offset the increase.
Amount Requested: $0 Amount Budgeted: $2,217,530.00
(Covered by budgeted contingency)
Fund(s) or Account(s): 590-91852/91853 Fund(s) or Account(s): 590-91852/91853
Recommended Motion:
Authorize staff to approve Change Order #001 for Project 91852 & 91853.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
CHANGE ORDER
Date: June 1, 2020
No.: 1
OWNER City of Muskegon
CONTRACTOR Hallack Contracting
Project: 9th Street & Getty Forcemain Improvements
ENGINEER’S Project No. 837930
ENGINEER Fleis & VandenBrink Engineering, Inc.
You are directed to make the following changes in the Contract Documents:
Description: 9th Street Sewer Project
1. Bore & Jack: Additional time and materials for unforeseen wood debris. Add: $33,679.80
2. Arrow Board Required by MDOT for Bore & Jack Work (21 days x $400/day). Add: $8,400.00
3. Miss Dig Marking of Private Utilities in Heritage Landing by Belasco Electric. Add: $472.45
4. Reinstall Fence at Depot Motel on 8th Street. Add: $750.00
5. Add 8” x 6” Wye (23 Ea. x $350) Add: $8,050.00
6. Reduce quantity of Item #47: 18” x 6” Wye from 29 to 10 Ea. (-19 Ea x $850) Deduct: ($16,150.00)
Total: $35,202.25
• A 17 day time extension is requested due to the above items.
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES:
Original Contract Price Original Contract Times:
Substantial Completion: 130 days
$ 1,899,971.50 Ready for final payment: 140 days
Net Increase (Decrease) from previous Change Net change from previous Change Orders No. N/A
Orders No. N/A to N/A: to No. N/A:
Substantial Completion: -0-
$ 0.00 Ready for final payment: -0-
Contract Price prior to this Change Order: Contract Times prior to this Change Order:
Substantial Completion: 130 days
$ 1,899,971.50 Ready for final payment: 140 days
Net increase (decrease) of this Change Order: Net increase (decrease) this Change Order:
Substantial Completion: 17 days
$ 35,202.25 Ready for final payment: 17 days
Contract Price with approved Change Orders: Contract Times with all approved Change Orders:
Substantial Completion: 147 days
$ 1,935,173.75 Ready for final payment: 157 days
RECOMMENDED: APPROVED: ACCEPTED:
By: By: By:
ENGINEER (Authorized Signature) OWNER (Authorized Signature) CONTRACTOR (Authorized Signature)
Date: 6/1/2020 Date: Date:
837930 Change Order #1.docx
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 07/28/2020 Title: Tetratech Professional Services
Agreement
Submitted By: Sanjeev Mungarwadi Department: Public Works - Filtration
Brief Summary: Filtration plant is requesting approval to enter into professional services agreement
with Tetratech for MCC upgrades at Harvey Booster Station.
Detailed Summary:
The 1960’s Motor Control Center (MCC) #1 at Harvey Station requires upgrading because of
reliability issues. Upgrading soft starters for constant speed Pumps #1 and #2 to variable
frequency drives (VFDs) will add reliability, efficiency and level of service. The scope of work also
includes bidding, construction assistance, and programming. Tetra Tech is being recommended
since they were the engineer for the control systems upgrades project and their familiarity with our
system.The funding will come from budgeted item for Harvey Pump Station for $405,000. Shown
as Water Filtration – WRMWA Ineligible in the 20/21 Budget.
Amount Requested: $31,000 Amount Budgeted: $405,000
Fund(s) or Account(s): 591-60558-5400 Fund(s) or Account(s): 591-60558-5400
Recommended Motion:
Authorize staff to enter into professional services agreement with Tetratech for MCC upgrades at
Harvey Booster Station for $31,000.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
April 24, 2020
Transmitted Electronically
Mr. Sanjeev Mungarwadi
Muskegon Water Filtration Plant Superintendent
1900 Beach Street
Muskegon, MI 49441
Re: Muskegon Harvey Booster Station
MCC No. 1 Upgrades Proposal
Dear Mr. Mungarwadi:
Thank you for the opportunity to submit our professional services proposal to assist the City of
Muskegon with upgrading the Harvey Booster Station Motor Control Center (MCC) No. 1 and pump
variable speed drives (VFD’s).
Tetra Tech has been involved with the City of Muskegon WFP control system since the early 1990’s
and continues to serve the City of Muskegon with control system design, implementation and
programming tasks from a verity of our most experienced engineering staff, some who have been
involved with engineering related tasks for the City for nearly 30 years.
Our service to the City of Muskegon includes design and implementation of the entire existing
control system, including the remote pump stations & tanks as well as many upgrades at the WFP.
Tetra Tech staff are always a phone call away and have assisted the WFP staff on many occasions,
including outside of normal business hours.
Based on our discussions it is our understanding that you would like to upgrade Harvey Booster
Station MCC No. 1 and also replace two existing soft starters for City pump No. 1 and No. 2 with new
VFD’s. Currently City pumps No. 1 and No. 2 are constant speed (soft starters) operation, this
upgrade will add variable frequency drives (variable speed operation) to both of the City pumps.
Tetra Tech proposes to provide design, assistance with direct contractor price procurement,
construction and programming integration services under this proposal.
SCOPE OF WORK
The detailed scope of engineering services is as follows:
Design
• Tetra Tech will collect important onsite design information from the City to proceed with full
design (see assumptions below).
• Tetra Tech will develop design drawings and project specifications for the Harvey MCC No. 1
and existing City pump No. 1 and No. 2 soft starter to VFD upgrades to include the following
elements:
Tetra Tech
710 Avis Drive, Ann Arbor, MI 48108
Tel 734.665.6000 Fax 734.213.3002 www.tetratech.com
Design Elements:
o Electrical background plans
o Detailed wiring diagrams for the VFD’s and related pump discharge valves
o Floor Plans
o Power one-line and surge protection
o PLC input/output (I/O)
o Prepare project specifications
Bidding (None)
• Tetra Tech will assist the City with procuring a competitive construction price from up to 4
contractors similar in nature to the recently completed SCADA upgrades project. We have
budgeted a total of 2-hours for this task.
Construction Assistance
• Tetra Tech will conduct one onsite pre-construction meeting.
• Tetra Tech will provide 2-days of on-site construction verification to verify the contractor has
installed and configured the components correctly.
• In addition, Tetra Tech will provide onsite start-up services to assist the City during
installation and startup of the system. We have budgeted a total of 16-hours for an
electrical engineer and 16-hours for a programmer to fully commission the software and
verify the hardware.
Programming
• Tetra Tech will modify the existing programmable logic controller (PLC) programs to
integrate the new Allen-Bradley PLC Input/outputs (I/O) to control the two new VFD’s.
• Tetra Tech will modify the existing PLC logic at the WFP that communicates to the booster
station PLC to integrate the new VFD’s into the WFP SCADA system.
• Tetra Tech will update the Harvey Booster Station Wonderware screen to incorporate the
two new VFD’s.
• Tetra Tech will modify the existing Wonderware Historian to incorporate the new analog
signals associated with the Harvey VFD’s.
ASSUMPTIONS
• City will provide the following information as part of the project field investigation;
o Gather data on existing MCC buckets.
o Field verify conduit & wire length.
o Provide site pictures of existing MCC buckets, floor space, conduit and general
electrical conditions.
o Provide necessary field measurements and assist with field verifying
background plans.
2
PRELIMINARY COST ESTIMATE
The following estimated budgetary costs is derived from recent similar projects. A more formal
construction cost estimate will be developed as part of the design.
Harvey MCC No. 1 - $50,000
City pump VFD No. 1 - $25,000
City pump VFD No. 2 - $25,000
Harvey Panel Rework - $7,000
Project Total - $107,000
COMPENSATION
Compensation for the professional services for this project will be based on time and materials at a
not to exceed fee of $31,000.
If you concur with our proposal, please sign in the space provided below and return one original
signed copy of this proposal to indicate your authorization to proceed. A return envelope is enclosed
for your convenience. Our Standard Terms and Conditions are attached and considered a part of this
proposal.
SCHEDULE
We are prepared to begin work immediately upon receipt of your written authorization to proceed.
A preliminary schedule is presented below:
• Design 3-months from notice to proceed
• In-house System Programming Following design completion
• Project Completion 5-7 months following contractors notice to start
CONCLUSION
We look forward to working with you on this important project. If you need additional information,
please call me at (734) 213-5075.
Sincerely,
Mick S. Jones, P.E.
Senior Project Manager
Encl.: Standard Terms and Conditions
PROPOSAL ACCEPTED BY
TITLE DATE
Muskegon Harvey Booster Station MCC No. 1 Upgrades Proposal
3
Tetra Tech of Michigan, PC
Engineering Services Standard Terms & Conditions
Services Consultant will perform services for the Project as set forth in Attachment A and Ownership of Documents Drawings, specifications, reports, programs, manuals, or
in accordance with these Terms & Conditions. Consultant has developed the Project other documents, including all documents on electronic media, prepared under this
scope of service, schedule, and compensation based on available information and Agreement are instruments of service and are, and shall remain, the property of
various assumptions. The Client acknowledges that adjustments to the schedule and Consultant. Record documents of service shall be based on the printed copy. Consultant
compensation may be necessary based on the actual circumstances encountered by will retain all common law, statutory, and other reserved rights, including the copyright
Consultant in performing their services. Consultant is authorized to proceed with services thereto. Consultant will furnish documents electronically; however, the Client releases
upon receipt of an executed Agreement. Consultant from any liability that may result from documents used in this form. Consultant
Compensation In consideration of the services performed by Consultant, the Client shall shall not be held liable for reuse of documents or modifications thereof by the Client or its
pay Consultant in the manner set forth above. The parties acknowledge that terms of representatives for any purpose other than the original intent of this Agreement, without
compensation are based on an orderly and continuous progress of the Project. written authorization of and appropriate compensation to Consultant.
Compensation shall be equitably adjusted for delays or extensions of time beyond the Standard of Care Services provided by Consultant under this Agreement will be
control of Consultant. Where total project compensation has been separately identified performed in a manner consistent with that degree of care and skill ordinarily exercised
for various tasks, Consultant may adjust the amounts allocated between tasks as the by members of the same profession currently practicing under similar circumstances.
work progresses so long as the total compensation amount for the project is not Consultant makes no warranty or guaranty, either express or implied. Consultant will not
exceeded. be liable for the cost of any omission that adds value to the Project.
Fee Definitions The following fee types shall apply to methods of payment: Period of Service This Agreement shall remain in force until completion and acceptance
Salary Cost is defined as the individual’s base salary plus customary and statutory of the services or until terminated by mutual agreement. Consultant shall perform the
benefits. Statutory benefits shall be as prescribed by law and customary benefits services for the Project in a timely manner consistent with sound professional practice.
shall be as established by Consultant employment policy. Consultant will strive to perform its services according to the Project schedule set forth in
Cost Plus is defined as the individual’s base salary plus actual overhead plus the provisions for Scope of Work/Fee/Schedule in Attachment A. The services of each
professional fee. Overhead shall include customary and statutory benefits, task shall be considered complete when deliverables for the task have been presented
administrative expense, and non-project operating costs. to the Client. Consultant shall be entitled to an extension of time and compensation
adjustment for any delay beyond Consultant control.
Lump Sum is defined as a fixed price amount for the scope of services described.
Standard Rates is defined as individual time multiplied by standard billing rates for Insurance and Liability Consultant shall maintain the following insurance and coverage
that individual. limits during the period of service. The Client will be named as an additional insured on
Subcontracted Services are defined as Project-related services provided by other the Commercial General Liability and Automobile Liability insurance policies.
parties to Consultant. Worker’s Compensation – as required by applicable state statute
Reimbursable Expenses are defined as actual expenses incurred in connection Commercial General Liability - $1,000,000 per occurrence for bodily injury, including
with the Project. death and property damage, and $2,000,000 in the aggregate
Payment Terms Consultant shall submit invoices at least once per month for services Automobile Liability –$1,000,000 combined single limit for bodily injury and property
performed and Client shall pay the full invoice amount within 30 days of the invoice date. damage
Invoices will be considered correct if not questioned in writing within 10 days of the invoice Professional Liability (E&O) - $1,000,000 each claim and in the aggregate
date. Client payment to Consultant is not contingent on arrangement of project financing The Client shall make arrangements for Builder’s Risk, Protective Liability, Pollution
or receipt of funds from a third party. In the event the Client disputes the invoice or any Prevention, and other specific insurance coverage warranted for the Project in amounts
portion thereof, the undisputed portion shall be paid to Consultant based on terms of this appropriate to the Project value and risks. Consultant shall be a named insured on those
Agreement. Invoices not in dispute and unpaid after 30 days shall accrue interest at the policies where Consultant may be at risk. The Client shall obtain the counsel of others in
rate of one and one-half percent per month (or the maximum percentage allowed by law, setting insurance limits for construction contracts.
whichever is the lesser). Invoice payment delayed beyond 60 days shall give Consultant Indemnification Consultant shall indemnify and hold harmless the Client and its
the right to stop work until payments are current. Non-payment beyond 70 days shall be employees from any liability, settlements, loss, or costs (including reasonable attorneys’
just cause for termination by Consultant. fees and costs of defense) to the extent caused solely by the negligent act, error, or
Additional Services The Client and Consultant acknowledge that additional services omission of Consultant in the performance of services under this Agreement. If such
may be necessary for the Project to address issues that may not be known at Project damage results in part by the negligence of another party, Consultant shall be liable only
initiation or that may be required to address circumstances that were not foreseen. In that to the extent of Consultant’s proportional negligence.
event, Consultant shall notify the Client of the need for additional services and the Client Dispute Resolution The Client and Consultant agree that they shall diligently pursue
shall pay for such additional services in an amount and manner as the parties may resolution of all disagreements within 45 days of either party’s written notice using a
subsequently agree. mutually acceptable form of mediated dispute resolution prior to exercising their rights
Site Access The Client shall obtain all necessary approvals for Consultant to access the under law. Consultant shall continue to perform services for the Project and the Client
Project site(s). shall pay for such services during the dispute resolution process unless the Client issues
Underground Facilities Consultant and/or its authorized subcontractor will conduct a written notice to suspend work. Causes of action between the parties to this Agreement
research and perform site reconnaissance in an effort to discover the location of existing shall be deemed to have accrued and the applicable statutes of repose and/or limitation
underground facilities prior to developing boring plans, conducting borings, or undertaking shall commence not later than the date of substantial completion.
invasive subsurface investigations. Client recognizes that accurate drawings or Suspension of Work The Client may suspend services performed by Consultant with
knowledge of the location of such facilities may not exist, or that research may reveal as- cause upon fourteen (14) days written notice. Consultant shall submit an invoice for
built drawings or other documents that may inaccurately show, or not show, the location services performed up to the effective date of the work suspension and the Client shall
of existing underground facilities. In such events, except for the sole negligence, willful pay Consultant all outstanding invoices within fourteen (14) days. If the work suspension
misconduct, or practice not conforming to the Standard of Care cited in this Agreement, exceeds thirty (30) days from the effective work suspension date, Consultant shall be
Client agrees to indemnify and hold Consultant and/or its Subcontractor harmless from entitled to renegotiate the Project schedule and the compensation terms for the Project.
any and all property damage, injury, or economic loss arising or allegedly arising from Termination The Client or Consultant may terminate services on the Project upon seven
borings or other subsurface penetrations. (7) days written notice without cause or in the event of substantial failure by the other
Regulated Wastes Client is responsible for the disposal of all regulated wastes party to fulfill its obligations of the terms hereunder. Consultant shall submit an invoice for
generated as a result of services provided under this Agreement. Consultant and Client services performed up to the effective date of termination and the Client shall pay
mutually agree that Consultant assumes no responsibility for the waste or disposal Consultant all outstanding invoices, together with all costs arising out of such termination,
thereof. within fourteen (14) days. The Client may withhold an amount for services that may be in
Contractor Selection Consultant may make recommendations concerning award of dispute provided that the Client furnishes a written notice of the basis for their dispute and
construction contracts and products. The Client acknowledges that the final selection of that the amount withheld represents a reasonable value.
construction contractors and products is the Client’s sole responsibility.
Page 1 of 2 Tt Terms & Conditions, Rev 04/01/17
Authorized Representative The Project Manager assigned to the Project by Consultant Safety Consultant shall be responsible solely for the safety precautions or programs of
is authorized to make decisions or commitments related to the project on behalf of its employees and no other party.
Consultant. Only authorized representatives of Consultant are authorized to execute Information from Other Parties The Client and Consultant acknowledge that Consultant
contracts and/or work orders on behalf of Consultant. The Client shall designate a will rely on information furnished by other parties in performing its services under the
representative with similar authority. Email messages between Client and members of Project. Consultant shall not be liable for any damages that may be incurred by the Client
the project team shall not be construed as an actual or proposed contractual amendment in the use of third party information.
of the services, compensation or payment terms of the Agreement.
Force Majeure Consultant shall not be liable for any damages caused by any delay that
Project Requirements The Client shall confirm the objectives, requirements, constraints, is beyond Consultant’s reasonable control, including but not limited to unavoidable delays
and criteria for the Project at its inception. If the Client has established design standards, that may result from any acts of God, strikes, lockouts, wars, acts of terrorism, riots, acts
they shall be furnished to Consultant at Project inception. Consultant will review the Client of governmental authorities, extraordinary weather conditions or other natural
design standards and may recommend alternate standards considering the standard of catastrophes, or any other cause beyond the reasonable control or contemplation of
care provision. either party.
Independent Consultant Consultant is and shall be at all times during the term of this Waiver of Rights The failure of either party to enforce any provision of these terms and
Agreement an independent consultant and not an employee or agent of the Client. conditions shall not constitute a waiver of such provision nor diminish the right of either
Consultant shall retain control over the means and methods used in performing party to the remedies of such provision.
Consultant’s services and may retain subconsultants to perform certain services as
determined by Consultant. Warranty Consultant warrants that it will deliver services under the Agreement within the
standard of care. No other expressed or implied warranty is provided by Consultant.
Compliance with Laws Consultant shall perform its services consistent with sound
professional practice and endeavor to incorporate laws, regulations, codes, and Severability Any provision of these terms later held to be unenforceable shall be deemed
standards applicable at the time the work is performed. In the event that standards of void and all remaining provisions shall continue in full force and effect. In such event, the
practice change during the Project, Consultant shall be entitled to additional Client and Consultant will work in good faith to replace an invalid provision with one that
compensation where additional services are needed to conform to the standard of is valid with as close to the original meaning as possible.
practice. Survival All obligations arising prior to the termination of this Agreement and all
Permits and Approvals Consultant will assist the Client in preparing applications and provisions of these terms that allocate responsibility or liability between the Client and
supporting documents for the Client to secure permits and approvals from agencies Consultant shall survive the completion or termination of services for the Project.
having jurisdiction over the Project. The Client agrees to pay all application and review Assignments Neither party shall assign its rights, interests, or obligations under the
fees. Agreement without the express written consent of the other party.
Limitation of Liability In recognition of the relative risks and benefits of the project to Governing Law The terms of Agreement shall be governed by the laws of the state
both the Client and Consultant, the risks have been allocated such that the Client agrees, where the services are performed provided that nothing contained herein shall be
to the fullest extent permitted by law, to limit the liability of Consultant and its interpreted in such a manner as to render it unenforceable under the laws of the state in
subconsultants to the Client and to all construction contractors and subcontractors on the which the Project resides.
project for any and all claims, losses, costs, damages of any nature whatsoever or claims Collection Costs In the event that legal action is necessary to enforce the payment
expenses from any cause or causes, so that the total aggregate liability of Consultant and provisions of this Agreement if Client fails to make payment within sixty (60) days of the
its subconsultants to all those named shall not exceed $50,000 or the amount of invoice date, Consultant shall be entitled to collect from the Client any judgment or
Consultant’s total fee paid by the Client for services under this Agreement, whichever is settlement sums due, reasonable attorneys’ fees, court costs, and expenses incurred by
the greater. Such claims and causes include, but are not limited to negligence, Consultant in connection therewith and, in addition, the reasonable value of Consultant’s
professional errors or omissions, strict liability, breach of contract or warranty. time and expenses spent in connection with such collection action, computed at
Consequential Damages Notwithstanding any other provision of this Agreement, and to Consultant’s prevailing fee schedule and expense policies.
the fullest extent permitted by law, neither the Client nor Consultant, their respective Equal Employment Opportunity Consultant will comply with federal regulations
officers, directors, partners, employees, contractors or subconsultants shall be liable to pertaining to Equal Employment Opportunity. Consultant is in compliance with applicable
the other or shall make any claim for any incidental, indirect or consequential damages local, state, and federal regulations concerning minority hiring. It is Consultant’s policy to
arising out of or connected in any way to the project or to this Agreement. This mutual ensure that applicants and employees are treated equally without regard to race, creed,
waiver of consequential damages shall include, but is not limited to, loss of use, loss of sex, color, religion, veteran status, ancestry, citizenship status, national origin, marital
profit, loss of business, loss of income, loss of reputation or any other consequential status, sexual orientation, or disability. Consultant expressly assures all employees,
damages that either party may have incurred from any cause of action including applicants for employment, and the community of its continuous commitment to equal
negligence, strict liability, breach of contract and breach of strict or implied warranty. Both opportunity and fair employment practices.
the Client and Consultant shall require similar waivers of consequential damages
Attorney Fees Should there be any suit or action instituted to enforce any right granted
protecting all the entities or persons named herein in all contracts and subcontracts with
in this contract, the substantially prevailing party shall be entitled to recover its costs,
others involved in this project or with this Agreement.
disbursements, and reasonable attorney fees from the other party. The party that is
Waiver of Subrogation Consultant shall endeavor to obtain a waiver of subrogation awarded a net recovery against the other party shall be deemed the substantially
against the Client, if requested in writing by the Client, provided that Consultant will not prevailing party unless such other party has previously made a bona fide offer of payment
increase its exposure to risk and Client will pay the cost associated with any premium in settlement and the amount of recovery is the same or less than the amount offered in
increase or special fees. settlement. Reasonable attorney fees may be recovered regardless of the forum in which
Environmental Matters The Client warrants that they have disclosed all potential the dispute is heard, including an appeal.
hazardous materials that may be encountered on the Project. In the event unknown Third Party Beneficiaries Nothing in this Agreement shall create a contractual
hazardous materials are encountered, Consultant shall be entitled to additional relationship with or a cause of action in favor of a third party against either the Client or
compensation for appropriate actions to protect the health and safety of its personnel, the Consultant. The Consultant’s services under this Agreement are being performed
and for additional services required to comply with applicable laws. The Client shall solely for the Client’s benefit, and no other entity shall have any claim against the
indemnify Consultant from any claim related to hazardous materials encountered on the Consultant because of this Agreement or the performance or nonperformance of services
Project except for those events caused by negligent acts of Consultant. hereunder. The Client agrees to include a provision in all contracts with contractors and
Cost Opinions Consultant shall prepare cost opinions for the Project based on historical other entities involved in this project to carry out the intent of this paragraph.
information that represents the judgment of a qualified professional. The Client and Lien Rights Consultant may file a lien against the Client’s property in the event that the
Consultant acknowledge that actual costs may vary from the cost opinions prepared and Client does not make payment within the time prescribed in this Agreement. The Client
that Consultant offers no guarantee related to the Project cost. agrees that services by Consultant are considered property improvements and the Client
Contingency Fund The Client acknowledges the potential for changes in the work during waives the right to any legal defense to the contrary.
construction and the Client agrees to include a contingency fund in the Project budget Captions The captions herein are for convenience only and are not to be construed as
appropriate to the potential risks and uncertainties associated with the Project. Consultant part of this Agreement, nor shall the same be construed as defining or limiting in any way
may offer advice concerning the value of the contingency fund; however, Consultant shall the scope or intent of the provisions hereof.
not be liable for additional costs that the Client may incur beyond the contingency fund
they select unless such additional cost results from a negligent act, error, or omission
related to services performed by Consultant.
Page 2 of 2 Tt Terms & Conditions, Rev 04/01/17
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 28, 2020 Title: Concession Agreement – Pizza Cone
Trolley
Submitted By: Doug Sayles Department: Public Works
Brief Summary:
Staff is asking permission to enter into a contractual agreement with Greg Bush of “The Pizza
Cone Trolley” at Pere Marquette Park.
Detailed Summary:
Staff is asking permission to enter into a Concession Agreement for 2020 with Greg Bush of “The
Pizza Cone Trolley” at Pere Marquette Park. Commission from said Concession would be $300.00
(prorated for partial season in 2020) plus 5% of Gross Receipts
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion:
Authorize staff to enter into a Concession Agreement with Greg Bush of “The Pizza Cone Trolley”
at Pere Marquette Park.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Hi Doug,
My name is Greg Bush. I am a local resident, owner, and creator of The Pizza Cone Trolley. The idea for
the trolley came from years of working in the food industry in a variety of positions and catering to large
scale events. All staff is trained regarding ServSafe regulations and the art of customer service.
The Pizza Cone Trolley puts a whole new spin on eating pizza. Fresh ingredients such as parsley,
homemade sauce, mozzarella cheese, and Italian sausage are enveloped by a pizza dough cone. This
makes eating pizza easy to eat so customers can continue on their journey of enjoying the event they
are at. Only one hand is needed to enjoy a pizza cone! Visit the Pizza Cone Trolley for breakfast, lunch,
and dinner. In the morning for a tasty breakfast treat consisting of ingredients such as eggs, sausage,
cheese, and breakfast gravy. Or maybe veggies are more your thing and choose mozzarella cheese,
green and red peppers, mushrooms, spinach, and onions. Come back for lunch and dinner to enjoy a
pizza filled cone. May I recommend my favorite, the Naples...a cone filled with grilled chicken,
mozzarella and parmesan cheese, onions, green peppers, and my original trolley pizza sauce...I know,
your mouth is watering right now. Each of the cones on the menu is full and has tasty options for every
palate. Orders are fresh, every cone has homemade fresh ingredients made to order any time. The Pizza
Cone Trolley food is fun.
The Pizza Cone Trolley is looking to be considered as a food vendor down at the Pier Marquette Beach
Area for the remainder of the summer.
Proposed days and hours of operation would be...Mondays, Wednesdays, Fridays, Saturdays, and
Sundays...weather permitting. 10:00 a.m. till 10:00 p.m.
Attached are pictures of my trolley, menu, what a pizza cone looks like, license, and insurance.
Please feel free to reach out to me with any questions.
Thank you,
Greg Bush
The Pizza Cone Trolley - Owner
7462 A.J. Ct.
Whitehall, Mich. 49461
(231) 557-1495 - Cell
The Pizza Cone Trolley
Breakfast Menu
Milan
Eggs, breakfast sausage, cheddar cheese, and breakfast gravy
Venice
Eggs, bacon, cheddar cheese, and breakfast gravy
Palermo
Eggs, ham, cheddar cheese, and breakfast gravy
San Marino
Eggs, cheddar cheese, green & red peppers, mushrooms, spinach, onions,
and breakfast gravy
Sicily
Mozzarella cheese, green and red peppers, mushrooms, spinach, onions,
and original trolley pizza sauce
Lunch & Dinner Menu
Rome
Lots of pepperoni, mozzarella cheese, and original trolley pizza sauce
Bari
Italian sausage, mozzarella cheese, and original trolley pizza sauce
Naples
Grilled chicken, mozzarella & parmesan cheese, onions, green peppers,
and original trolley pizza sauce
Marsala
Ham, mozzarella cheese, pineapple, and original trolley pizza sauce
Verona
Grilled Chicken, bacon, mozzarella cheese, onions, and RAQ sauce (a
zesty and tangy sauce)
Sicily
Mozzarella cheese, green and red peppers, mushrooms, spinach, onions,
and original trolley pizza sauce
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 28, 2020 Title: Concession Agreement – Carlson
Almonds
Submitted By: Doug Sayles Department: Public Works
Brief Summary:
Staff is asking permission to enter into a contractual agreement with Ron Carlson of “Carlson
Almonds” at Pere Marquette Park.
Detailed Summary:
Staff is asking permission to enter into a Concession Agreement for 2020 with Ron Carlson of
“Carlson Almonds” at Pere Marquette Park. Commission from said Concession would be $300.00
(prorated for partial season in 2020) plus 5% of Gross Receipts
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion:
Authorize staff to enter into a Concession Agreement with Ron Carlson of “Carlson Almonds” at
Pere Marquette Park.
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: July 28, 2020 Title: Vehicle Replacement
Submitted By: Joe Buckingham Department: DPW/Equipment
Brief Summary:
The Equipment Division is requesting permission to purchase two (2) Chevy Impalas from Betten
Chevrolet for police administration vehicle replacement. The cost for the two vehicles will be
$51,053.36.
Detailed Summary:
One vehicle was scheduled to be replaced in the current budget year and the second, to be
reforecast, after insurance payout for the first quarter. This vehicle was involved in a “not at fault”
accident and was totaled out by the insurance company, it is being replaced immediately because
of GM stopping production of the Impala line, making them very hard to find. We were very
fortunate to find two at our local dealer as they are no longer available through MIDeal.
With the rent already collected on the wrecked vehicle and the insurance payout we will have
money in the Equipment budget for this purchase.
Amount Requested: $51,053.36 Amount Budgeted: $25,000 + TBD Insurance
Fund(s) or Account(s): 661-60932 Fund(s) or Account(s): 661-60932
Recommended Motion:
Authorize staff to move forward with purchase.
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: 7/28/20 Title: 2020 Byrne JAG Grant
Submitted By: Jeffrey Lewis Department: Public Safety
Brief Summary: Approval requested to pursue the 2020 Byrne JAG Grant
Detailed Summary: Approval to enter into an MOU with the County of Muskegon and the City of
Muskegon Heights for the 2020 JAG Grant like previous years. The City of Muskegon will continue
to act as the fiduciary and receive $17,866, the City of Muskegon Heights would be our sub-
awardee and receive $15,130 and the County of Muskegon would not receive funding. There is no
match requirement for this grant. The City of Muskegon’s portion of this grant will be used in
continuation of the manner in previous years where it is used for prosecution of city ordinance
cases dealing primarily with neighborhood issues.
Amount Requested: zero dollars Amount Budgeted: zero dollars
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Approve the MOU for the 2020 Byrne JAG Grant.
Check if the following Departments need to approve the item first:
Police Dept. ☒
Fire Dept. ☐
IT Dept. ☐
For City Clerk Use Only:
Commission Action:
MEMORANDUM OF UNDERSTANDING
THE CITY OF MUSKEGON
THE COUNTY OF MUSKEGON
THE CITY OF MUSKEGON HEIGHTS
FY 2020 JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
Regular Funding/Local Solicitation
This Agreement is made and entered into on the ____ day of August , 2020, by and
between the County of Muskegon, acting by and through its governing body, the Board of
County Commissioners, located at 990 Terrace Street, Muskegon, Michigan 49442 and the
City of Muskegon, acting by and through its governing body, the City Commission, located
at 933 Terrace Street, Muskegon, Michigan 49443-0536, and the City of Muskegon Heights,
acting by and through its governing body, the City Council, located at 2724 Peck Street,
Muskegon Hts., MI 49444, all of Muskegon County, State of Michigan, witnesseth:
WHEREAS, the CITY OF MUSKEGON has agreed to serve as the applicant/fiscal agent
for the joint funds under the: Justice Assistance Grant(Local Solicitation) as the Bureau of
Justice Assistance has designated the allocation to the law enforcement communities in
Muskegon County as a disparate allocation; and
WHEREAS, each governing body, in performing governmental functions or in paying for
the performance of governmental functions, hereunder, shall make that performance or
those payments from current revenues legally available to that party; and
WHEREAS, each governing body find that the performance of this Agreement is in the
best interest of all parties, that the undertaking will benefit the public, and that the division
of costs fairly compensates the performing party for the services or functions under this
Agreement; and
Page 1 of 3
WHEREAS, the breakdown of allocated funding agreed upon by those entities involved
in the disparate funding is $ 17,866 to the CITY OF MUSKEGON and $ 15,130 to the CITY
OF MUSKEGON HEIGHTS; and
WHEREAS, the CITY OF MUSKEGON, CITY OF MUSKEGON HEIGHTS and COUNTY OF
MUSKEGON believe it to be in their best interests to allocate the JAG funds as specified in
this Agreement.
NOW THEREFORE, THE COUNTY OF MUSKEGON, CITY OF MUSKEGON AND CITY OF
MUSKEGON HEIGHTS agree as follows:
AGREEMENT
1. THE CITY OF MUSKEGON will act as the fiscal agent/applicant agency.
2. The total eligible joint allocation for the disparate jurisdictions of $ 32,996 will be
allocated as follows: COUNTY OF MUSKEGON - $ 0; CITY OF MUSKEGON - $17,866;
CITY OF MUSKEGON HEIGHTS - $ 15,130.
3. Each municipality will be responsible for its actions in the use of any equipment
purchased under this Agreement and the fiscal agent shall not be liable for any civil
liability that may arise from the purchase of the use of the equipment.
4. The CITY OF MUSKEGON HEIGHTS will be responsible for submitting quarterly
reports to the CITY OF MUSKEGON by the third day of the month following the
quarter in the reporting fashion required by the CITY OF MUSKEGON and for any
month in which an expenditure under the grant has occurred the CITY OF
MUSKEGON HEIGHTS will submit a reimbursement request to the CITY OF
MUSKEGON by the third day of the following month along with backup
documentation such as invoices.
5. The CITY OF MUSKEGON HEIGHTS will be responsible for the accuracy of all data
submitted to the CITY OF MUSKEGON for submission to the Bureau of Justice
Page 2 of 3
Programs and will be liable for penalties as a result of submitting the data late and
for any inaccurate data.
6. Nothing in the performance of this Agreement shall impose any liability for claims
against the CITY OF MUSKEGON passing from this program or from the CITY OF
MUSKEGON HEIGHT’s expenditure of the JAG funds.
7. By entering into this Agreement, the parties do not intent to create any obligations,
express or implied, other than those set out herein. Further, this Agreement shall
not create any rights in any party not a signatory hereto.
COUNTY OF MUSKEGON
Dated:_______________, 2020 By:____________________________
Susie Hughes, Chairman
County Board of Commissioners
CITY OF MUSKEGON
Dated:_______________, 2020 By:____________________________
Stephen Gawron, Mayor
CITY OF MUSKEGON HEIGHTS
Dated:_______________, 2020 By:_____________________________
Walter Watt, Mayor
Page 3 of 3
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 28, 2020 Title: Cooperative Mutual Aid Fire Control
Agreement
Submitted By: Jeffrey Lewis Department: Public Safety
Brief Summary: This is to request the City of Muskegon enter into agreement with the Michigan
Department of Natural Resources (DNR), the Cooperative Mutual Aid Fire Control Agreement as
described under Public Act 7 of 1967 and Part 515 of Act 451 of 1994, as amended.
Detailed Summary: This agreement will give the City access to the Department of Defense (DoD)
"Firefighter Program Property" for local fire department's use. In short, the agreement gives the
City access to wildland firefighting equipment at no cost. The City currently protects 1,784 acres of
public land and 1,824 acres of vacant land with few resources to fight wildland fires. The fire
department would like the ability to apply for wildland firefighting equipment to enhance the
protection of vacant and wildland properties
Amount Requested: 0.00 Amount Budgeted: 0.00
Fund(s) or Account(s): n/a Fund(s) or Account(s): n/a
Recommended Motion: Enter into agreement with the DNR’s Cooperative Mutual Aid Fire Control
Agreement
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: 7/28/2020 Title: Lakeview Lofts Phase II Bridge Loan
Submitted By: Jake Eckholm Department: Economic Development
Brief Summary: The developers at Lakeview Lofts have run into Covid-19 related delays and
impacts from MEDC related to their contribution to the capital stack for the second building on
Western Avenue. The project has a reservation for some crucial components and are requesting a
bridge loan from the Economic Development Fund to keep the project on schedule.
Detailed Summary:
Lakeview Lofts Phase II has a capital stack that includes financing from both PNC Bank and the
Michigan Economic Development Corporation. The MEDC has previously issued a letter of intent
(LOI) that expired during the pandemic due to PNC Bank holding up their end of the financing.
Since then, MEDC has been very slow to reissue the LOI and has held up the process to a point
that the developers are at risk of losing their reservation for commercial concrete and foundation
construction. If this occurs, the project will be pushed to next year, and the PNC portion of the
financing will be lost as a portion is Opportunity Fund investments which must be committed by the
end of the calendar year. This would endanger the project in total, which consists of 35 apartments
and a new restaurant space. Staff recommends granting the loan as applied for, with a maximum
interest free term of 6 months. If 6 months is exceeded, retroactive interest payments of prime plus
2% should be added to the principal, and default may be pursued by the City of Muskegon.
Amount Requested: $450,000 Amount Budgeted: N/A, Capital Fund
Fund(s) or Account(s): Economic Fund(s) or Account(s): N/A
Development Revolving Fund
Recommended Motion: Motion to approve Economic Development Loan to 351 II LLC in the
amount of $450,000 for a term not to exceed 180 days, and with immediate lump sum repayment
upon execution of other project financing.
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: July 28, 2020 Title: Purchase Agreement 1188 4th St
Submitted By: Frank Peterson Department: City Manager
Brief Summary: City staff is seeking authorization to enter into the purchase agreement with
LeighAnn Mikesell, a City of Muskegon employee.
Detailed Summary: 1188 4th Street was a regular area of concern among neighbors. In an attempt
to help mitigate the concerns, the City purchased the property and completed a renovation. The
property was listed on the MLS for $229,900; an offer was accepted for $225,000. Staff is seeking
permission to approve the purchase agreement and complete the sale. Note that this property is
part of the scattered site brownfield project. Any difference in sales price and renovation cost will
be recovered via tax capture.
In order to comply with state and local conflict of interest concerns, Ms. Mikesell has submitted a
letter to the mayor disclosing her interest in the property and outlining the benefits of this sale to
her and to the City. The letter has been noticed to the public along with the agenda for the
commission meeting.
The sale can only be approved by a unanimous vote of all commissioners.
If approved, the minutes of the commission meeting must disclose the name of each party involved
in the contract, the terms of the contract, the nature of the financial interest of the public servant
with the conflict, and that the sale is in the best interests of the City.
Amount Requested: None at this time Amount Budgeted: $0
Fund(s) or Account(s): Public Improvement Fund(s) or Account(s): Public Improvement
Recommended Motion: Declare that the sale is in the best interests of the City to sell the property
to Ms. Mikesell and authorize the City Manager to sign the purchase agreement and complete the
sale.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
dotloop signature verification: dtlp.us/Awxy-oJnS-WsJ8
WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
#
DATE: 07/10/2020 , 10:00 PM (time) MLS # 20017194
SELLING OFFICE: Five Star Real Estate BROKER LIC.#: 6503385486 REALTOR® PHONE: 231-557-1137
LISTING OFFICE: Coldwell Banker Woodland Schmidt Muskegon REALTOR® PHONE: 231-733-4455
1. Effective Date: This Agreement is effective on the date of Seller's acceptance of Buyer's offer or Buyer's acceptance of any
counteroffer, as the case may be, and this date shall hereafter be referred to as the "Effective Date". Further, any reference to "days"
in this Agreement refers to calendar days. The first calendar day begins at 12:01 a.m. on the day after the Effective Date. Any reference
to "time" refers to local time.
2. Agency Disclosure: The Undersigned Buyer and Seller each acknowledge that they have read and signed the Disclosure Regarding
Real Estate Agency Relationships. The selling licensee is acting as (check one):
Agent/Subagent of Seller Buyer’s Agent Dual Agent (with written, informed consent of both Buyer and Seller)
Transaction Coordinator
Primary Selling Agent Name: Barbara Holt Email: [email protected] Lic.#: 6501272913
Alternate Selling Agent Name: Email: Lic.#:
3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.)
Buyer has received the Seller’s Disclosure Statement, dated 05/12/2020 . Seller certifies to Buyer that the Property
is currently in the same condition as Seller previously disclosed in that statement. Seller agrees to inform Buyer in writing of any
changes in the content of the disclosure statement.
Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt
of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this
Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by
registered mail. Exceptions:
Seller is exempt from the requirements of the Seller Disclosure Act.
4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached
and will be an integral part of this Agreement.
5. Property Description: Buyer offers to buy the property located in the City Village Township of Muskegon ,
County of Muskegon , Michigan, commonly known as (insert mailing address: street/city/state/zip code)
1188 4th Street Muskegon 49441
with the following legal description and tax parcel ID numbers:
Legal: CITY OF MUSKEGON REVISED PLAT OF 1903 W 92 FT LOT 8 BLK 367
PP# Tax ID #: 24205367000800 .
The following paragraph applies only if the Premises include unplatted land:
Seller agrees to grant Buyer at closing the right to make (insert number) ALL division(s) under Section 108(2), (3), and
(4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays
with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the
number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale
will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or
before Day of Close , of the proposed division to create the Premises.
6. Purchase Price: Buyer offers to buy the Property for the sum of $ 225,000
two hundred twenty-five thousand U.S. Dollars
7. Seller Concessions, if any: NONE
8. Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.)
SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below
are currently available to Buyer in cash or an equally liquid equivalent.
If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within
three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall
receive a refund of Buyer’s Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price.
CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual Agent
verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information to Seller and/or
Seller’s Agent. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement
at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be
arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement.
NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to
obtain a Conventional type 15 (year) mortgage in the amount of 80 % of the Purchase Price
bearing interest at a rate not to exceed Current % per annum (rate at time of loan application), on or before the date the sale is
to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to
process the application, within 3 days after the Effective Date, not to impair Buyers’ credit after the date such loan if
offered. Seller Buyer will agree to pay an amount not to exceed $ representing repairs required as a
condition of financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from
©Copyright, West Michigan REALTOR® Associations LM FP
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Buyer’s Initials 07/15/20
Seller’s Initials
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Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent.
Exceptions:
SELLER FINANCING (check one of the following): CONTRACT or PURCHASE MONEY MORTGAGE
In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the
credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if
Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer
within 48 hours. Seller is advised to seek professional advice regarding the credit report.
$ upon execution and delivery of a
form (name or type of form and revision date), a copy of which is attached, wherein the balance of $
will be payable in monthly installments of $ or more including interest at % per annum,
interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance
will become due and payable months after closing. Any appraisal required by Buyer shall be arranged and
paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions:
EQUITY (check one of the following): Formal Assumption or Informal Assumption
Upon execution and delivery of: Warranty Deed subject to existing mortgage OR Assignment of Vendee Interest
in Land Contract, Buyer to pay the difference (approximately $ ) between the Purchase Price above
provided and the unpaid balance (approximately $ ) upon said mortgage or land contract, which Buyer
agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future
taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten
(10) days after the Effective Date of this Agreement. Exceptions:
OTHER:
9. Contingencies: Buyer’s obligation to consummate this transaction (check one):
IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer.
IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at:
A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale
or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in
writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest
Money Deposit.
IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing
of a sale or exchange of Buyer’s property located at
on or before . Seller will have the right to continue to
market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy
thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such
price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified
promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions:
10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All
improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the
following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and
bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage
disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached
shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and
pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on
heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid
heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete
rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball
backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars;
detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door
opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes:
Dishwasher; Garbage Disposal; Microwave; Range; Refrigerator: Washer; Dryer; All Window Treatments; Ceiling Fans; Garage Remotes
but does not include:
Any personal property currently in home or on premises
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©Copyright, West Michigan REALTOR® Associations LM FP
Revision Date 2/2020 07/10/20 Buyer’s Initials 07/15/20 Seller’s Initials
10:03 PM EDT 9:31 AM EDT
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11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
expended through normal use. Exceptions:
N/A
12. Assessments (choose one):
If the Property is subject to any assessments,
Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless
of any installment arrangements), except for any fees that are required to connect to public utilities.
Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume
and pay all other installments of such assessments.
13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all
taxes billed after those addressed below.
Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property
tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the
Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when
property is transferred.
No proration. (Choose one):
Buyer Seller will pay taxes billed summer (year);
Buyer Seller will pay taxes billed winter (year);
Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if
necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment
and prorated to the date of closing with Seller paying for January 1 through the day before closing.
Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one): advance. arrears.
Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal
year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken
down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions:
14. Well/Septic: Within ten (10) days after the Effective Date, Seller will arrange for, at Seller’s expense, an inspection of the primary well
used for human consumption (including a water quality test for coliform bacteria and nitrates) and septic systems in use on the
Property. The inspection will be performed by a qualified inspector in a manner that meets county (or other local governmental
authority, if applicable) protocol. Seller will also follow any governmental rules regarding pumping of tanks.
Where no county or government protocol is in place, Seller will arrange for, at Seller’s expense, well and septic inspections (as
referenced above) by a qualified inspector and Seller will have the septic tank(s) pumped at Seller’s expense.
If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may,
within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a
refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails
to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as-
is. Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable
resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of
termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract,
Buyer will proceed to closing according to the terms and conditions of this Agreement. Exceptions:
N/A City Systems
15. Inspections & Investigations:
Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at
Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be
Buyer’s responsibility and expense. In the event of VA financing, Seller will pay for the inspection for termites and other wood
destroying insects.
Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances
and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the
Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone.
All inspections and investigations will be completed within ten (10) days after the Effective Date. If the results of Buyer’s inspections
and investigations are not acceptable to Buyer, Buyer may, within the above referenced period, by written notice to Seller, either
terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct
those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
1188 4th St, Muskegon, MI 49441 07/10/2020 10:00 PM
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations LM FP
Revision Date 2/2020 07/10/20
Buyer’s Initials 07/15/20
Seller’s Initials
10:03 PM EDT 9:31 AM EDT
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deemed to have accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal
or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s
receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a
refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will
be deemed to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this
Agreement.
Buyer has waived all rights under this Inspections & Investigations paragraph.
16. Municipal Compliances: Seller will arrange and pay for current certificates of occupancy, sidewalk compliance, and smoke detector
ordinances, if applicable.
17. Title Insurance: Seller agrees to convey marketable title to the Property subject to conditions, limitations, reservation of oil, gas and
other mineral rights, existing zoning ordinances, and building and use restrictions and easements of record. An expanded coverage
ALTA Homeowner’s Policy of Title Insurance in the amount of the Purchase Price shall be ordered by Seller and furnished to Buyer at
Seller’s expense, and a commitment to issue a policy insuring marketable title vested in Buyer, including a real estate tax status
report, will be made available to Buyer within ten (10) days after the Effective Date. If Buyer so chooses, or if an expanded policy is
not applicable, then a standard ALTA Owners’ Policy of Title Insurance shall be provided.
If Buyer objects to any conditions, Buyer may, within three (3) days of receipt of the Title Commitment, by written notice to Seller,
either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct
those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
deemed to have accepted the Title Commitment as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s
proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days
after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and
shall receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day
period, Buyer will be deemed to accept the Title Commitment as-is and will proceed to closing according to the terms and conditions
of this Agreement. Exceptions:
18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property
and the location of improvements thereon.
Buyer or Seller (check one) shall within ten (10) days of the Effective Date, order, at their expense, a boundary survey certified
to Buyer with iron corner stakes showing the location of the boundaries, improvements and easements in connection with the Property.
Upon receipt of the survey, Buyer will have three (3) days to review the survey. If the survey shows any condition, in Buyer’s sole
discretion, which would interfere with Buyer’s intended use of the Property, the marketability of the title, or zoning non-compliance, then
Buyer may, within said three (3) day period, terminate this Agreement, in writing, and Buyer will receive a full refund of Buyer’s Earnest
Money Deposit.
No survey. Buyer has waived all rights under this paragraph.
When closing occurs, Buyer shall be deemed to have accepted the boundaries of the Property and the location of such improvements
thereon. Exceptions:
Seller to provide if available
19. Home Protection Plan: Buyer and Seller have been informed that home protection plans may be available. Such plans may provide
additional protection and benefit to the parties. Exceptions:
NONE
20. Prorations: Rent; association dues/fees, if any; insurance, if assigned; interest on any existing land contract, mortgage or lien
assumed by Buyer; will all be adjusted to the date of closing.
21. Closing: If agreeable to Buyer and Seller, the sale will be closed as soon as closing documents are ready, but not later than
08/10/2020 . An additional period of fifteen (15) days will be allowed for closing to accommodate the
correction of title defects or survey problems which can be readily corrected, or for delays in obtaining any lender required
inspections/repairs. During this additional period, the closing will be held within 5 days after all parties have been notified that all
necessary documents have been prepared. Buyer and Seller will each pay their title company closing fee, if applicable, except in the
case of VA financing where Seller will pay the entire closing fee. Exceptions:
22. Possession: Seller will maintain the Property in its present condition until the completion of the closing of the sale. Possession to be
delivered to Buyer, subject to rights of present tenants, if any.
At the completion of the closing of the sale.
At a.m. p.m. on the day after completion of the closing of the sale, during which time Seller
will have the privilege to occupy the Property and hereby agrees to pay Buyer $ as an occupancy
fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds.
If Seller fails to deliver possession to Buyer on the agreed date, Seller shall become a tenant at sufferance and shall pay to Buyer as
liquidated damages $ per day plus all of the Buyer’s actual reasonable attorney's fees incurred in removing the Seller
from the Property.
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©Copyright, West Michigan REALTOR® Associations LM FP
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10:03 PM EDT 9:31 AM EDT
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If Seller occupies the Property after closing, Seller will pay all utilities during such occupancy. Buyer will maintain the structure and
mechanical systems at the Property. However, any repairs or replacements necessitated by Seller’s misuse, abuse, or neglect of any
portion of the Property will be Seller’s responsibility and expense.
On the agreed delivery date, Seller shall deliver the Property free of trash and debris and in broom-clean condition, shall remove all
personal property (unless otherwise stated in this or an additional written agreement), shall make arrangements for final payment on
all utilities, and shall deliver all keys to Buyer. Exceptions:
23. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 5:00 PM (time) on
07/11/2020 (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted by
Seller, will constitute a binding Agreement between Buyer and Seller. An Earnest Money Deposit in the amount of $ 2500.00
shall be submitted to Five Star Real Estate Norton Shores (insert name of broker, title
company, other) within 72 hours of the Effective Date of this Agreement, and shall be applied against the Purchase Price. If the Earnest
Money Deposit is not received within 72 hours of the Effective Date or is returned for insufficient funds, Seller may terminate this
Agreement until such time as the Earnest Money Deposit is received. If Seller terminates this Agreement under this provision, Seller
waives any claim to the Earnest Money Deposit. If the sale is not closed due to a failure to satisfy a contingency for a reason other
than the fault of Buyer, the Earnest Money Deposit shall be refunded to Buyer. If the sale is not closed as provided in this Agreement
and Buyer and Seller do not agree to the disposition of the Earnest Money Deposit, then Buyer and Seller agree that the Broker holding
the Earnest Money Deposit may notify Buyer and Seller, in writing, of Broker’s intended disposition of the Earnest Money Deposit. If
Buyer and Seller do not object to such disposition in writing within fifteen (15) days after the date of Broker’s notice, they will be deemed
to have agreed to Broker’s proposed disposition; if either Buyer or Seller object and no mutually agreeable disposition can be
negotiated, Broker may deposit the funds by interpleader with a court of proper jurisdiction or await further actions by Buyer and Seller.
In the event of litigation involving the deposit, in whole or in part, either the Seller or the Buyer that is not the prevailing party, as
determined by the court, will reimburse the other for reasonable attorneys’ fees and expenses incurred in connection with the litigation,
and will reimburse the Broker for any reasonable attorneys’ fees and expenses incurred in connection with any interpleader action
instituted. If the entity holding the Earnest Money Deposit is not the Broker, then to the extent that the terms of any escrow agreement
conflict with this paragraph, then the terms and conditions of the escrow agreement shall control.
24. Professional Advice: Broker hereby advises Buyer and Seller to seek legal, tax, environmental and other appropriate professional
advice relating to this transaction. Broker does not make any representations or warranties with respect to the advisability of, or the
legal effect of this transaction. Buyer further acknowledges that REALTOR® above named in the Agreement hereby recommends to
Buyer that an attorney be retained by Buyer to pass upon the marketability of the title and to ascertain that the required details of the
sale are adhered to before the transaction is consummated. Buyer agrees that Buyer is not relying on any representation or statement
made by Seller or any real estate salesperson (whether intentionally or negligently) regarding any aspect of the Property or this sale
transaction, except as may be expressly set forth in this Agreement, a written amendment to this Agreement, or a disclosure statement
separately signed by Seller.
25. Disclosure of Information: Buyer and Seller acknowledge and agree that the Purchase Price, terms, and other details with respect
to this transaction (when closed) are not confidential, will be disclosed to REALTORS® who participate in the applicable Multiple Listing
Service, and may otherwise be used and/or published by that Multiple Listing Service in the ordinary course of its business.
26. Other Provisions:
Home must appraise at or above purchase price.
27. Mergers and Integrations: This Agreement is the final expression of the complete agreement of Buyer and Seller, and there are no
oral agreements existing between Buyer and Seller relating to this transaction. This Agreement may be amended only in writing signed
by Buyer and Seller and attached to this Agreement.
28. Fax/Electronic Distribution and Electronic Signatures: Buyer and Seller agree that any signed copy of this Agreement, and any
amendments or addendums related to this transaction, transmitted by facsimile or other electronic means shall be competent evidence
of its contents to the same effect as an original signed copy. Buyer and Seller further agree that an electronic signature is the legal
equivalent of a manual or handwritten signature, and consent to use of electronic signatures. Buyer and Seller agree that any notice(s)
required or permitted under this Agreement may also be transmitted by facsimile or other electronic means.
29. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic
communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’
license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the
Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with
Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme
to steal funds or use your identity.
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Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations LM FP
Revision Date 2/2020 07/10/20 Buyer’s Initials 07/15/20 Seller’s Initials
10:03 PM EDT 9:31 AM EDT
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West Michigan Regional Purchase Agreement Page 6 of 6
30. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer.
dotloop verified
LeighAnn Mikesell 07/10/20 10:03 PM
Buyer 1 Address 1558 E. Harbour Towne Circle Muskegon, MI 49441 X EDT Buyer
Buyer 1 Phone: (Res.) (Bus.) 231-343-3830 LeighAnn Mikesell
Print name as you want it to appear on documents.
Buyer 2 Address X Buyer
Buyer 2 Phone: (Res.) (Bus.)
Print name as you want it to appear on documents.
31. Seller’s Response: The above offer is approved: As written. As written except:
Quit Claim Deed
Counteroffer, if any, expires 07/15/2020 , at 6pm (time). Seller has the right to withdraw this
counter offer and to accept other offers until Seller or Seller’s Agent has received notice of Buyer’s acceptance.
32. Certification of Previous Disclosure Statement: Seller certifies to Buyer that the Property is currently in the same condition as
disclosed in the Seller’s Disclosure Statement dated (check one): Yes No. Seller agrees to inform Buyer
in writing of any changes in the content of the disclosure statement prior to closing.
33. Notice to Seller: Seller understands that consummation of the sale or transfer of the Property described in this Agreement will not
relieve Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless otherwise agreed to by
the lender or required by law or regulation. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form
is available from the respective agents via the West Michigan REALTOR® Boards.
34. Listing Office Address: 131 Seaway Drive, Muskegon, MI 49444 Listing Broker License # 6505346469
Listing Agent Name: mary jamieson& Charlotte barnes evans Listing Agent License # 6501432199&6501294351
35. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s
response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required
below. dotloop verified
X (Seller’s Signature, Date, Time): Frank Peterson 07/15/20 9:31 AM EDT
6TIE-XSEC-ZD7U-UP6M
Frank Peterson, City Mgr., City of Muskegon Is Seller a U.S. Citizen? Yes No*
Print name as you want it to appear on documents.
X (Seller’s Signature, Date, Time):
Is Seller a U.S. Citizen? Yes No*
Print name as you want it to appear on documents.
Seller’s Address: 1188 4th St, Muskegon, MI 49441 Seller’s Phone (Res.) (Bus)
* If Seller(s) is not a U.S. Citizen, there may be tax implications and Buyer and Seller are advised to seek professional advice.
36. Buyer’s Receipt/Acceptance: Buyer acknowledges receipt of Seller’s response to Buyer’s offer. In the event Seller’s response
constitutes a counteroffer, Buyer accepts said counteroffer. All other terms and conditions in the offer remain unchanged.
dotloop verified
X (Buyer’s Signature, Date, Time): LeighAnn Mikesell 07/15/20 4:55 PM
EDT
X (Buyer’s Signature, Date, Time):
37. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer.
X (Seller’s Signature, Date, Time):
X (Seller’s Signature, Date, Time):
1188 4th St, Muskegon, MI 49441 07/10/2020
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations LM FP
Revision Date 2/2020 07/10/20 Buyer’s Initials 07/15/20 Seller’s Initials
10:03 PM EDT 9:31 AM EDT
dotloop verified dotloop verified
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 7-28-2020 Title: Infill Housing Project brownfield public
hearing
Submitted By: Pete Wills Department: Economic Development
Brief Summary: To hold a public hearing and approve the attached resolution which seeks to adopt
an amendment to the Brownfield Plan (city’s Infill Housing Project, 1st Amendment). On July 14th,
the BRA approved the Plan amendment and further recommends that the Muskegon City
Commission approve the Plan amendment.
Detailed Summary: City staff has prepared a brownfield plan to include 108 eligible parcels,
primarily located within the Nelson and Jackson Hill Neighborhoods, that will facilitate the
development of new affordable housing opportunities at eligible properties. Activities include the
redevelopment and rehabilitation of subject parcels; construction of new residential units; possible
demolition of the former Froebel school in order to redevelop that property with residential units;
and public infrastructure at the former farmers market to add additional residential units. Brownfield
TIF to reimburse developer for “eligible expenses” in the redevelopment and rehabilitation on 108
eligible parcels; after lot splits, total of 249 parcels for redevelopment. Plan Amendment eligible
activities: $3,880,000 for cost of sale; $1,200,000 for demolition and abatement; $777,000 for
public infrastructure; $20,000 for Brownfield Plan Preparation and Development; $881,550 in
contingency fees (15%); $6,758,550 - total eligible activities to be paid under this Plan. End of
2023 for estimated completion date of the homes associated with Project. After all eligible costs
incurred by the various parties are reimbursed, BRA is authorized to continue to capture local
taxes for five more years for deposit into a Local Site Remediation Revolving Fund.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To close the public hearing and approve the resolution of the Brownfield
Plan Amendment for the city’s Infill Housing Project (1st Amendment).
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
RESOLUTION APPROVING THE BROWNFIELD PLAN AMENDMENT
City of Muskegon Infill Housing Project
City of Muskegon
County of Muskegon, Michigan
2020-July 28
Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of
Muskegon, Michigan (the “City”), held in the City Commission Chambers on the 28th day of July,
2020 at 5:30 p.m., prevailing Eastern Time.
PRESENT:
ABSENT:
The following preamble and resolution were offered by Commissioner
___________________ and supported by Commissioner __________________.
WHEREAS, in accordance with the provisions of Act 381, Public Acts of Michigan, 1996,
as amended (“Act 381”), the City of Muskegon Brownfield Redevelopment Authority (the
“Authority”) has prepared and approved a Brownfield Plan Amendment to include the Infill
Housing Project (1st Amendment) in the Plan; and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to the City
Commission requesting its approval of the Brownfield Plan Amendment; and
WHEREAS, the City Commission has provided notice and a reasonable opportunity to
the taxing jurisdictions levying taxes subject to capture to express their views and
recommendations regarding the Brownfield Plan Amendment, as required by Act 381; and
WHEREAS, not less than 10 days has passed since the City Commission provided
notice of the proposed Brownfield Plan to the taxing units; and
WHEREAS, the City Commission held a public hearing on the proposed Brownfield Plan
on July 28, 2020.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. That the Brownfield Plan constitutes a public purpose under Act 381.
2. That the Brownfield Plan meets all the requirements of Section 13(1) of Act 381.
3. That the proposed method of financing the costs of the eligible activities, as identified
in the Brownfield Plan and defined in Act 381, is feasible and the Authority has the
authority to arrange the financing.
4. That the costs of the eligible activities proposed in the Brownfield Plan are
reasonable and necessary to carry out the purposes of Act 381.
5. That the amount of captured taxable value estimated to result from the adoption of
the Brownfield Plan is reasonable.
6. That the Brownfield Plan in the form presented is approved and is effective
immediately.
7. That all resolutions or parts of resolutions in conflict herewith shall be and the same
are hereby rescinded.
Be it Further Resolved that the Mayor and City Clerk are hereby authorized to execute
all documents necessary or appropriate to implement the provisions of the Brownfield Plan.
AYES:
NAYS:
RESOLUTION DECLARED APPROVED.
Ann Marie Meisch, City Clerk
Stephen J Gawron, Mayor
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on July 28, 2020 and that said meeting was conducted and public notice of
said meeting was given pursuant to and in full compliance with the Open Meetings Act, being
Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of said meeting were
kept and will be or have been made available as required by said Act.
Ann Marie Meisch, City Clerk
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT
AUTHORITY
BROWNFIELD PLAN AMENDMENT
INFILL HOUSING PROJECT (1st Amendment)
July 14, 2020
Prepared For The City of Muskegon Brownfield
Redevelopment Authority
Prepared By City of Muskegon Staff
PROJECT NAME
Infill Housing Project (formerly Nelson Neighborhood Infill Housing Project)
DEVELOPER
City of Muskegon, a qualified unit of local government, as defined by Public Act 381 of 1996, as
amended
ELIGIBLE PROPERTY LOCATION
There are 108 Eligible Properties for this project, most of which are not adjacent to one another. Please
refer to the “Eligible Property Information Chart” and the “Eligible Property Map (Attachment A)” on the
following pages.
TYPE OF ELIGIBLE PROPERTY
Blighted
SUBJECT PROJECT DESCRIPTION
The project will focus on the redevelopment of 108 parcels, most of them located in the Nelson and
Jackson Hill Neighborhoods. Some of these lots will be split, creating a total of 249 subject parcels. Ten
of the parcels contain homes that will be rehabbed, the rest are vacant lots that will be used to construct
new residential units. The new residential units will consist mostly of detached homes and rowhomes,
with the possibility of a few duplexes and small multi-plexes as the market dictates. The project also
includes the demolition of the former Froebel school in order to redevelop the property with a variety
residential units. In addition, the plan also includes the addition of public infrastructure at the former
farmers market to add additional residential units.
ELIGIBLE ACTIVITIES
Cost of Sale, Demo & Abatement, Public Infrastructure, Preparation of Brownfield Plan
DEVELOPER’S REIMBURSABLE
COSTS
$5,877,000
MAXIMUM DURATION OF
CAPTURE
30 years
ESTIMATED TOTAL CAPITAL
INVESTMENT
$49,500,000
INITIAL TAXABLE
VALUE
$0 (City & County Owned)
1. Introduction
The City of Muskegon, Michigan (the “City”), established the Muskegon Brownfield Redevelopment
Authority (the “Authority”) on July 4, 1997, pursuant to Michigan Public Act 381 of 1996, as amended
(“Act 381”). The primary purpose of Act 381 is to encourage the redevelopment of eligible property
by providing economic incentives through tax increment financing for certain eligible activities.
The main purpose of this Brownfield Plan is to promote the redevelopment of and investment in
certain “Brownfield” properties within the City. Inclusion of the subject properties within this Plan
will facilitate the development of infill housing at eligible properties. By facilitating redevelopment of
underutilized properties, the Plan is intended to promote economic growth for the benefit of the
residents of the City and all taxing units located within and benefited by the Authority.
This Plan is intended to be a living document, which can be amended as necessary to achieve the
purposes of Act 381. It is specifically anticipated that properties will be continually added to the Plan
as new projects are identified. The Plan contains general provisions applicable to the Plan, as well as
property-specific information for each project. The applicable Sections of Act 381 are noted
throughout the Plan for reference purposes.
This Brownfield Plan contains the information required by Section 13(1) of Act 381, as amended.
Additional information is available from the Muskegon City Manager or the Planning Director.
The Infill Housing Project was originally added to this Plan on April 14, 2019. This amendment seeks
to modify certain aspects of the plan; most notably by adding more parcels and increasing the “cost
of sale” margin.
2. General Provisions
A. Costs of the Brownfield Plan (Section 13(1)(a))
Any site-specific costs of implementing this Plan are described in the site-specific section of the Plan.
Site-specific sources of funding may include tax increment financing revenue generated from new
development on eligible brownfield properties, state and federal grant or loan funds, and/or private
parties. Where private parties finance the costs of eligible activities under the Plan, tax increment
revenues may be used to reimburse the private parties. The initial costs related to preparation of the
Brownfield Plan were funded by the City’s general fund. Subsequent amendments to the Plan may
be funded by the person requesting inclusion of a project in the Plan, and if eligible, may be
reimbursed through tax increment financing.
The Authority intends to pay for administrative costs and all of the things necessary or convenient to
achieve the objectives and purposes of the Authority with fees charged to applicants to be included
in the Plan, and any eligible tax increment revenues collected pursuant to the Plan, in accordance with
the provisions of Act 381, including, but not limited to:
i) the cost of financial tracking and auditing the funds of the Authority,
ii) costs for amending and/or updating this Plan, and
iii) costs for Plan implementation
Tax increment revenues that may be generated and captured by this Plan are identified in the site-
specific sections of this Plan.
B. Method for Financing Costs of Plan (Section 13(1)(d) and (e))
The City or Brownfield Authority may incur some debt on a site-specific basis. Please refer to the site-
specific section of this Plan for details on any debt to be incurred by the City or Authority. When a
property proposed for inclusion in the Plan is in an area where tax increment financing is a viable
option, the Authority intends to enter into Development Agreements with the property
owners/developers of properties included in the Plan to reimburse them for the costs of eligible
activities undertaken pursuant to this Plan. Financing arrangements will be specified in a
Development and Reimbursement Agreement, and also identified in the Site Specific section of the
Plan.
C. Duration of the Brownfield Plan (Section 13(1)(f))
The duration of this Plan is not to exceed 30 years. It is estimated that all of the homes associated
with the Project will be completed by 2023. Since the “cost of sale” will vary for each home, as will
construction costs, it is impossible to know exactly how long it will take to completely recapture
eligible costs through tax increment revenues, although it is anticipated that it will be well within the
30 year time frame. In addition, once all activity costs are reimbursed, funds may be captured for the
local site remediation revolving fund, if available. The duration of capture for the Project already
began in 2020 and will continue until such time that all the eligible activities undertaken in this Plan
are reimbursed, but in no event will the Plan exceed the maximum duration provided for in (MCLA
125.2663(1)(22)). The total costs of eligible activities include the cost of principal and interest on any
note or obligation issued by the Authority to pay for the costs of eligible activities, the cost of principal
and interest otherwise incurred to pay for eligible activities, the reasonable costs of a work plan or
remedial action plan and the costs of preparation of Brownfield Plans and amendments.
D. Displacement/Relocation of Individuals on Eligible Properties (Section 13(1)(i),(j)(k)(l)
Eligible properties identified in this Plan will not require the displacement/relocation of existing
residences, therefore the provisions of Section 13(1)(i-l) are not applicable at this time.
E. Local Site Remediation Revolving Fund (Section 8; Section 13(1)(m))
Whenever this Plan includes a property for which taxes will be captured through the tax increment
financing authority provided by Act 381, it is the Authority's intent to establish and fund a Local Site
Remediation Revolving Fund ("Fund"). The Fund will consist of tax increment revenues that exceed
the costs of eligible activities incurred on an eligible property, as specified in Section 13(5) of Act 381.
Section 13(5) authorizes the capture of tax increment revenue from an eligible property for up to 5
years after the time that capture is required for the purposes of paying the costs of eligible activities
identified in the Plan. It is the intention of the Authority to continue to capture tax increment
revenues for 5 years after eligible activities are funded from those properties identified for tax capture
in the Plan, provided that the time frame allowed by Act 381 for tax capture is sufficient to
accommodate capture to capitalize a Fund. The amount of school operating taxes captured for the
Revolving Fund will be limited to the amount of school operating taxes captured for eligible
environmental response activities under this Plan. It may also include funds appropriated or
otherwise made available from public or private sources.
The Revolving Fund may be used to reimburse the Authority, the City, and private parties for the costs
of eligible activities at eligible properties and other costs as permitted by Act 381. It may also be used
for eligible activities on an eligible property for which there is no ability to capture tax increment
revenues. The establishment of this Revolving Fund will provide additional flexibility to the Authority
in facilitating redevelopment of brownfield properties by providing another source of financing for
necessary eligible activities.
3. Site Specific Provisions
A. Eligibility and Project Description (Sec. 13(1)(h))
The eligible properties comprising the Infill Housing Project included in this Plan is
approximately 38 acres of vacant land spread across 108 parcels in Muskegon, Michigan (See
Attachment A). The parcel numbers/legal description of the eligible properties are:
1246 5th St
Parcel #24-205-378-0006-00
CITY OF MUSKEGON REVISED PLAT OF 1903 N 46 FT LOT 6 BLK 378
1252 5th St
Parcel #24-205-378-0006-10
CITY OF MUSKEGON REVISED PLAT OF 1903 NLY 44 FT OF SLY 86 FT LOT 6 BLK 378
1245 5th St
Parcel #24-205-377-0001-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1 EX SELY 79.5 FT TH'OF & E 1/2 OF LOT 2 EX SELY
79.5 FT TH'OF BLK 377
1261 5th St
Parcel #24-205-377-0011-00
CITY OF MUSKEGON REVISED PLAT OF 1903 N 1/4 LOT 11 & N 1/2 OF N 1/2 LOT 12 BLK 377
1342 6th St
Parcel #24-205-388-0006-20
CITY OF MUSKEGON REVISED PLAT OF 1903 SELY 44 FT OF SWLY 26 FT LOT 5 & SELY 44 FT OF LOT 6
BLK 388
1349 6th St
Parcel #24-205-389-0012-00
CITY OF MUSKEGON REVISED PLAT OF 1903 N 1/2 LOT 12 BLK 389
1352 6th St
Parcel #24-205-388-0007-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 7 BLK 388
1411 6th St
Parcel #24-205-390-0011-20
CITYOF MUSKEGON REVISED PLAT OF 1903 LOT 11 BLK 390 EXC W 92 FT TH'OF
1387 7th St
Parcel #24-205-375-0005-00
CITY OF MUSKEGON REVISED PLAT OF 1903 SELY 74 FT LOT 5 & N 30 FT LOT 8 BLK 375
395 Houston Ave
Parcel #205-369-0004-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 4 BLK 369
248 Mason Ave
Parcel #24-205-387-0007-00
CITY OF MUSKEGON REVISED PLAT OF 1903 N 1/2 LOT 7 & W 26.7 FT OF S 1/2 LOT 7 BLK 387
275 Mason Ave
Parcel #24-205-391-0003-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 3 BLK 391
346 Mason Ave
Parcel #24-205-389-0009-00
CITY OF MUSKEGON REVISED PLAT OF 1903 W 30 FT LOT 9 BLK 389
352 Mason Ave
Parcel #24-205-389-0008-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 8 BLK 389
219 Merrill Ave
Parcel # 24-205-386-0012-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 12 BLK 386
271 Merrill Ave
Parcel #24-205-387-0005-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 5 BLK 387
388 Merrill Ave
Parcel #24-205-376-0007-20
CITY OF MUSKEGON REVISED PLAT OF 1903 ELY 66 FT OF WLY 132 FT LOT 7 EXC NLY 20 FT BLK 376
235 Monroe Ave
Parcel #24-205-379-0003-10
CITY OF MUSKEGON REVISED PLAT OF 1903 E 28 FT LOT 3 BLK 379
239 Monroe Ave
Parcel #24-205-379-0003-00
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 379 W 38 FT LOT 3
240 Monroe Ave
Parcel #24-205-367-0010-00
CITY OF MUSKEGON REVISED PLAT OF 1903 W 1/2 LOT 10 BLK 367
250 Monroe Ave
Parcel #24-205-367-0009-00
CITY OF MUSKEGON REVISED PLAT OF 1903 W 1/2 LOT 9 BLK 367
254 Monroe Ave
Parcel #24-205-367-0008-10
CITY OF MUSKEGON REVISED PLAT OF 1903 E 40 FT LOT 8 BLK 367
398 Monroe Ave
Parcel #24-205-370-0011-10
CITY OF MUSKEGON REVISED PLAT OF 1903 E 27 FT OF LOT 11 BLK 370
1392 Park St
Parcel #24-205-375-0003-20
CITY OF MUSKEGON REVISED PLAT OF 1903 PART LOTS 3-4 & 11 BLK 375 COM ON S LN LOT 11 40 FT
E OF SW COR TH E 84 FT TH NLY 26 FT TH NWLY TO A PT 48.5 FT N OF S LN LOT 11 TH W 62.4 FT TH S
48.5 FT TO BEG
382 W Muskegon Ave
Parcel #24-205-336-0008-00
CITY OF MUSKEGON REVISED PLAT OF 1903 SLY 24.75 FT LOT 9 & NLY 55 FT LOT 8 BLK 336
487 W Muskegon Ave
Parcel #24-205-370-0011-10
CITY OF MUSKEGON REVISED PLAT OF 1903 E 27 FT OF LOT 11 BLK 370
420 Washington Ave
Parcel #24-205-375-0010-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 10 BLK 375
459 Washington Ave
Parcel #24-205-408-0002-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 2 &3 BLK 408
1782 5th St
Parcel #24-205-463-0004-00
CITY OF MUSKEGON REVISED PLAT 1903 LOT 4 AND N 22 FT LOT 5 BLK 463
318 W Larch Ave
Parcel #24-205-449-0010-00
CITY OF MUSKEGON REVISED PLAT OF 1903 E 18 FT LOT 9 & W 20 FT LOT 10 BLK 449
324 W Larch Ave
Parcel #24-205-449-0009-00
CITY OF MUSKEGON REVISED PLAT OF 1903 E 9 FT LOT 8 & W 29 FT LOT 9 BLK 449
1686 7th St
Parcel # 24-205-449-0001-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1 & 2 BLK 449
1660 7th St
Parcel #24-205-440-0004-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 5-6 BLK 440
408 W Dale Ave
Parcel # 24-205-439-0006-10
CITY OF MUSKEGON REVISED PLAT OF 1903 W 45 FT OF E 85 FT OF LOTS 6 & 7 BLK 439
340 W Forest Ave
Parcel # 24-205-428-0007-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 7 BLK 428
1639 5th St
Parcel #24-205-441-0003-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 3 EXC S 5.5 FT TH'OF INCLUDING S 8 FT LOT 2 EXC W
44 FT TH'OF BLK 441
1605 Sanford St
Parcel #24-205-425-0007-00
CITY OF MUSKEGON REVISED PLAT OF 1903 S 58 FT OF E 94 FT LOT 7 & S 10.4 FT OF E 94 FT LOT 8 BLK
425 (DESC CLARIFICATION 11/30/99)
487 W Southern Ave
Parcel #24-205-430-0004-00
CITY OF MUSKEGON REVISED PLAT 1903 W 1 1/2 FT LOT 3 & N 115 FT LOTS 4-5 BLK 430
305 W Grand Ave
Parcel #24-205-419-0019-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 19 BLK 419
1535 6th St
Parcel # 24-205-419-0013-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 13 BLK 419
355 W Grand Ave
Parcel #24-205-419-0001-00
CITY OF MUSKEGON REVISED PLAT OF 1903 W 46 FT LOTS 1 & 2 BLK 419
337 W Grand Ave
Parcel #24-205-419-0001-20
CITY OF MUSKEGON REVISED PLAT OF 1903 E 44 FT OF LOTS 1-2 BLK 419
1458 6th St
Parcel #24-205-405-0014-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 14 BLK 405
1464 6th St
Parcel #24-205-405-0013-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 13 BLK 405
0 Washington Ave
Parcel #24-205-375-0009-10
CITY OF MUSKEGON REVISED PLAT OF 1903 E 1/2 OF LOT 9 BLK 375
242 Strong Ave
Parcel #24-205-391-0011-00
CITY OF MUSKEGON REVISED PLAT OF 1903 W 1/2 LOT 11 BLK 391
1360 7th St
Parcel #24-205-376-0007-00
CITY OF MUSKEGON REVISED PLAT OF 1903 SLY 47 FT OF NLY 98 FT OF SW 66 FT OF LOT 7 BLK 376
1366 7th St
Parcel # 24-205-376-0007-15
CITY OF MUSKEGON REVISED PLAT OF 1903 SLY 40 FT OF WLY 66 FT LOT 7 BLK 376
1262 6th St
Parcel #24-205-369-0006-30
CITY OF MUSKEGON REVISED PLAT OF 1903 S 40 FT LOT 6 BLK 369
579 W Muskegon Ave
Parcel #24-205-345-0001-00
CITY OF MUSKEGON REVISED PLAT OF 1903 NLY 1/2 LOT 1 BLK 345
0 W Muskegon Ave
Parcel #24-205-345-0002-10
CITY OF MUSKEGON REVISED PLAT OF 1903 E 1/2 OF LOT 2 BLK 345
617 W Muskegon Ave
Parcel # 24-205-345-0006-00
CITY OF MUSKEGON REVISED PLAT OF 1903 N 71 FT LOT 6 BLK 345
1047 Ambrosia St
Parcel #24-205-232-0007-00
CITY OF MUSKEGON REVISED PLAT OF 1903 E 33 FT LOT 7 BLK 224 ALSO E 33 FT OF N 1/2 VAC DIANA
ST LOTS 7 AND 8 BLK 232 ALSO S 1/2 VAC DIANA ST ADJ TO LOT 8 SD BLK
1075 Ambrosia St
Parcel #24-205-236-0008-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 8-9 BLK 236
1155 Ambrosia St
Parcel #24-205-250-0008-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 8-10 BLK 250
1205 Ambrosia St
Parcel #24-205-261-0008-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 8 & 9 BLK 261
1386 Ransom St
Parcel #24-205-266-0001-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1 BLK 266
1530 Hoyt St
Parcel #24-205-281-0002-10
CITY OF MUSKEGON REVISED PLAT OF 1903 S 35.7 FT LOT 2 BLK 281
292 Mason Ave
Parcel #24-205-388-0008-10
CITY OF MUSKEGON REVISED PLAT OF 1903 E 1/2 LOT 8 BLK 388
254 W Southern Ave
Parcel #24-205-420-0012-20
CITY OF MUSKEGON REVISED PLAT OF 1903 W 32 FT OF E 82 FT LOTS 12-13 BLK 420
1670 Park St
Parcel #24-205-439-0007-00
CITY OF MUSKEGON REVISED PLAT OF 1903 W 80 FT LOT 7 BLK 439
1227 Fleming Ave
Parcel #24-745-000-0033-00
CITY OF MUSKEGON ROSELINDE ADDITION LOT 33
1251 8th St
24-205-340-0001-00
CITY OF MUSKEGON REVISED PLAT OF 1903 PART OF LOTS 1 TO 7 LYING SELY OF
WEBSTER AVE BLK 340
527 Herrick St
Parcel #24-205-023-0008-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 8-14 BLK 23
530 Herrick St
Parcel #24-205-022
CITY OF MUSKEGON REVISED PLAT OF 1903 S 178 FT LOT 3 & THAT PART OF LOT 4 LYING N OF
SUMNER AVE BLK 22-0003-20
553 Jackson Ave
Parcel #24-205-022-0002-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 2 & N 150 FT LOT 3 BLK 22
601 Jackson Ave
Parcel #24-205-021-0001-00
CITY OF MUSKEGON REVISED PLAT OF 1903 W 66 FT OF N 132 FT LOT 1 BLK 21
621 Jackson Ave
Parcel #24-205-020-0001-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1& 2 BLK 20
677 Jackson Ave
Parcel #24-205-019-0002-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 2 BLK 19
558 Jackson Ave
Parcel #24-205-014-0020-00
CITY OF MUSKEGON REVISED PLAT OF 1903 E 1/2 LOT 19 & ALL LOTS 20 & 21 BLK 14
608 Jackson Ave
Parcel #24-205-015-0006-10
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 6 EX NLY 50 FT BEING 50 FT ON LANGLEY ST & 62.32
FT ON E LINE SAID LOT 6 BLK 15
704 Leonard Ave
Parcel #24-405-003-0001-00
CITY OF MUSKEGON GUNNS SUB DIV OF PART OF BLK 2 LOTS 1-2 & 3 BLK 3
740 Leonard Ave
Parcel #24-405-003-0007-00
CITY OF MUSKEGON GUNNS SUB DIV OF PART OF BLK 2 LOTS 4-5-6 & W 4 FT LOT 7 BLK 3
754 Leonard Ave
Parcel #24-405-003-0008-00
CITY OF MUSKEGON GUNNS SUB DIV OF PART OF BLK 2 E 36 FT LOT 7 ALL LOTS 8 & 9 & W 8 FT LOT
10 BLK 3
766 Leonard Ave
Parcel #24-405-003-0011-00
CITY OF MUSKEGON GUNNS SUB DIV OF PART OF BLK 2 E 42 FT LOT 10 ALL LOTS 11 & 12 BLK 3
1259 Sanford St
Parcel #24-205-384-0007-20
CITY OF MUSKEGON REVISED PLAT OF 1903 S 42 2/3 FT OF E 94 FT LOT 7 BLK 384
1280 Sanford St
Parcel #24-205-394-0001-00
CITY OF MUSKEGON REVISED PLAT OF 1903 W 98 FT LOT 1 BLK 394
1141 Jefferson St
Parcel #24-205-364-0008-10
CITY OF MUSKEGON REVISED PLAT OF 1903 S 68 FT LOT 8 BLK 364
1095 1st St
Parcel #24-205-352-0008-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 8 BLK 352
1338 Arthur
Parcel # 24-205-254-0001-00
CITY OF MUSKEGON REVISED PLAT OF 1903 NLY 84 FT LOT 1 BLK 254
204 W Dale
Parcel # 24-205-441-0007-00
CITY OF MUSKEGON REVISED PLAT OF 1903 W 47.6 FT LOT 7 & W 47.6 FT OF S 27 1/7 FT LOT 6 BLK
441
1514 Park St
Parcel # 24-205-418-0003-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 3 BLK 418
314 W Grand Ave
Parcel # 24-205-406-0018-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 18 BLK 406
237 Washington Ave
Parcel # 24-205-405-0019-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 19 BLK 405 & SUBJ TO N 1/2 VAC ALLEY ADJ TH'TO
RECOR'D 3711/266
329 Washington Ave
Parcel # 24-205-406-0007-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 7 BLK 406
1456 Park St
Parcel # 24-205-407-0004-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 4 BLK 407
1468 8th St
Parcel # 24-205-408-0007-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 7 BLK 408 EXC E 46 FT TH'OF
462 Washington Ave
Parcel # 24-205-374-0007-00
CITY OF MUSKEGON REVISED PLAT OF 1903 W 39 1/2 FT LOT 7 BLK 374
507 Houston Ave
Parcel # 24-205-371-0004-10
CITY OF MUSKEGON REVISED PLAT OF 1903 E 1/2 LOT 4 BLK 371
1370 Sanford St
Parcel # 24-205-401-0001-10
CITY OF MUSKEGON REVISED PLAT OF 1903 S 32 1/4 FT OF N 63 1/2 FT OF W 106 FT 2 1/2 IN LOT 1
BLK 401
731 Yuba St
Parcel # 24-205-183-0001-00
CITY OF MUSKEGON REVISED PLAT 1903 ENTIRE BLK 183 LYING ELY OF C & O R/W EX COM ON NLY
LINE SAID BLK 44 FT M/L SWLY OF NE COR LOT 5 TH S 24 DEG 39 MIN 59 SEC W 63 FT M/L TH NLY 39
FT M/L TO NLY LINE SAID BLK TH NELY ON NLY LINE SAID BLK 39 FT M/L TO BEG
205 E Muskegon Ave
Parcel # 24-205-192-0001-00
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 1 THRU 12 INCL BLK 192
287 E Muskegon Ave
Parcel # 24-205-193-0004-00
CITY OF MUSKEGON REVISED PLAT 1903 LOTS 4 THRU 10 INC BLK 193
225 Eastern Ave
Parcel # 24-205-182-0001-00
CITY OF MUSKEGON REVISED PLAT 1903 ENTIRE BLK 182
650 Yuba St
Parcel # 24-205-167-0001-00
CITY OF MUSKEGON REVISED PLAT OF 1903 ENTIRE BLK 167
417 Jackson Ave
Parcel # 24-205-024-0001-00
CITY OF MUSKEGON REVISED PLAT OF 1903 ENTIRE BLKS 24 25 26 ALSO BLK 27 EX LOTS 6 & 7
1078 2nd St
Parcel # 24-205-352-0004-10
CITY OF MUSKEGON REVISED PLAT OF 1903 S 1/2 LOT 4 BLK 352
1067 W Grand Ave
Parcel # 24-205-484-0004-00
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 484 LOT 4 & S 16 1/2 FT OF GRAND AVE ABUTTING
SAME
1188 4th St
Parcel # 24-205-367-0008-00
CITY OF MUSKEGON REVISED PLAT OF 1903 W 92 FT LOT 8 BLK 367
1457 7th St
Parcel # 24-205-407-0011-10
CITY OF MUSKEGON REVISED PLAT OF 1903 S 2/3 LOT 11 BLK 407
580 Catherine Ave
Parcel # 24-205-076-0009-00
CITY OF MUSKEGON REVISED PLAT 1903 LOT 9 BLK 76
1192 Pine St
Parcel # 24-205-245-0002-00
CITY OF MUSKEGON REVISED PLAT OF 1903 N 1/2 LOT 2 BLK 245
1194 Pine St
Parcel # 24-205-245-0002-10
CITY OF MUSKEGON REVISED PLAT OF 1903 S 1/2 LOT 2 BLK 245
254 W Southern Ave
Parcel # 24-205-420-0012-20
CITY OF MUSKEGON REVISED PLAT OF 1903 W 32 FT OF E 82 FT LOTS 12-13 BLK 420
435 E Isabella Ave
Parcel # 24-205-078-0004-00
CITY OF MUSKEGON REVISED PLAT 1903 LOT 4 BLK 78
248 Mason Ave
Parcel # 24-205-387-0007-00
CITY OF MUSKEGON REVISED PLAT OF 1903 N 1/2 LOT 7 & W 26.7 FT OF S 1/2 LOT 7 BLK 387
Project Breakdown:
There are 108 parcels included in this plan. Some of these lots will be split, which will result
in a total of 249 parcels.
Parcels = 108
Parcels after splits = 249
New homes = 239
Rehabbed homes = 10
New homes with “cost of sale” concession = 195
New homes without “cost of sale” concessions = 54
“Cost of sale” concessions = $3,880,000
Public Infrastructure = $777,000
Demo & abatement = $1,200,000
Reimbursable Costs of Construction (before 15% contingency) = $5,857,000
The chart below depicts a listing of eligible properties and the basis for their eligibility.
Eligible Property Information Chart
Address Tax Identification Basis of Investment Reimbursable Approxi Zoning
Number Brownfield Cost Cost mate
Eligibility Acreage
Dusendang Project (110 Homes)
1246 5th St 24-205-378-0006-00 Cost of Sale $200,000 $20,000 0.07 FBC, UR
1252 5th St 24-205-378-0006-10 Cost of Sale $200,000 $20,000 0.07 FBC, UR
1245 5th St 24-205-377-0001-00 Cost of Sale $200,000 $20,000 0.12 FBC, UR
1261 5th St 24-205-377-0011-00 Cost of Sale $200,000 $20,000 0.1 FBC, UR
1342 6th St 24-205-388-0006-20 Cost of Sale $200,000 $20,000 0.09 FBC, UR
1349 6th St Cost of Sale $200,000 $40,000 0.19 FBC, UR
24-205-389-0012-00
(2 lots)
1352 6th St Cost of Sale $400,000 $40,000 0.2 FBC, UR
24-205-388-0007-00
(2 lots)
1411 6th St 24-205-390-0011-20 Cost of Sale $200,000 $20,000 0.1 FBC, UR
1387 7th St Cost of Sale $400,000 $40,000 0.22 FBC, UR
24-205-375-0005-00
(2 lots)
395 Houston Ave Cost of Sale $400,000 $40,000 0.21 FBC, UR
24-205-369-0004-00
(2 lots)
275 Mason Ave Cost of Sale $400,000 $40,000 0.18 FBC, UR
24-205-391-0003-00
(2 lots)
346 Mason Ave Cost of Sale $400,000 $40,000 0.09 FBC, UR
24-205-389-0009-00
(2 lots)
352 Mason Ave 24-205-389-0008-00 Cost of Sale $200,000 $20,000 0.2 FBC, UR
219 Merrill Ave 24-205-386-0012-00 Cost of Sale $200,000 $20,000 0.12 FBC, UR
271 Merrill Ave Cost of Sale $400,000 $40,000 0.19 FBC, UR
24-205-387-0005-00
(2 lots)
388 Merrill Ave Cost of Sale $400,000 $40,000 0.2 FBC, UR
24-205-376-0007-20
(2 lots)
235 Monroe Ave 24-205-379-0003-10 Cost of Sale $200,000 $20,000 0.09 FBC, UR
239 Monroe Ave 24-205-379-0003-00 Cost of Sale $200,000 $20,000 0.11 FBC, UR
240 Monroe Ave 24-205-367-0010-00 Cost of Sale $200,000 $20,000 0.11 FBC, UR
250 Monroe Ave 24-205-367-0009-00 Cost of Sale $200,000 $20,000 0.2 FBC, UR
254 Monroe Ave 24-205-367-0008-10 Cost of Sale $200,000 $20,000 0.06 FBC, UR
398 Monroe Ave 24-205-370-0011-10 Cost of Sale $200,000 $20,000 0.08 FBC, UR
1392 Park St 24-205-375-0003-20 Cost of Sale $200,000 $20,000 0.07 FBC, UR
382 W Muskegon Ave 24-205-336-0008-00 Cost of Sale $200,000 $20,000 0.24 FBC, UR
487 W Muskegon Ave 24-205-347-0004-00 Cost of Sale $200,000 $20,000 0.19 FBC, UR
420 Washington Ave Cost of Sale $400,000 $40,000 0.19 FBC, UR
24-205-375-0010-00
(2 lots)
459 Washington Ave Cost of Sale $600,000 $60,000 0.46 FBC, UR
24-205-408-0002-00
(3 lots)
1782 5th St (2 lots) 24-205-463-0004-00 Cost of Sale $400,000 $40,000 0.31 FBC, UR
318 W Larch Ave (2 Cost of Sale $400,000 $40,000 0.27 FBC, UR
24-205-449-0010-00
lots)
324 W Larch Ave 24-205-449-0009-00 Cost of Sale $200,000 $20,000 0.14 FBC, UR
1686 7th St (2 lots) 24-205-449-0001-00 Cost of Sale $400,000 $40,000 0.31 FBC, UR
1660 7th (2 lots) 24-205-440-0004-00 Cost of Sale $400,000 $40,000 0.31 FBC, UR
408 W Dale Ave 24-205-439-0006-10 Cost of Sale $200,000 $20,000 0.1 FBC, UR
340 W Forest Ave 24-205-428-0007-00 Cost of Sale $200,000 $20,000 0.15 FBC, UR
1639 5th St 24-205-441-0003-00 Cost of Sale $200,000 $20,000 0.17 FBC, UR
1605 Sanford St (2 Cost of Sale $400,000 $40,000 0.15 FBC, UR
24-205-425-0007-00
lots)
487 W Southern Ave Cost of Sale $400,000 $40,000 0.26 FBC, UR
24-205-430-0004-00
(2 lots)
305 W Grand Ave 24-205-419-0019-00 Cost of Sale $200,000 $20,000 0.17 FBC, UR
1535 6th St 24-205-419-0013-00 Cost of Sale $200,000 $20,000 0.16 FBC, UR
355 W Grand Ave 24-205-419-0001-00 Cost of Sale $200,000 $20,000 0.1 FBC, UR
337 W Grand Ave 24-205-419-0001-20 Cost of Sale $200,000 $20,000 0.1 FBC, UR
1458 6th St 24-205-405-0014-00 Cost of Sale $200,000 $20,000 0.16 FBC, UR
1464 6th St 24-205-405-0013-00 Cost of Sale $200,000 $20,000 0.17 FBC, UR
0 Washington Ave 24-205-375-0009-10 Cost of Sale $200,000 $20,000 0.15 FBC, UR
242 Strong Ave 24-205-391-0011-00 Cost of Sale $200,000 $20,000 0.08 FBC, UR
1360 7th St 24-205-376-0007-00 Cost of Sale $200,000 $20,000 0.09 FBC, UR
1366 7th St 24-205-376-0007-00 Cost of Sale $200,000 $20,000 0.07 FBC, UR
1262 6th St 24-205-369-0006-30 Cost of Sale $200,000 $20,000 0.07 FBC, UR
579 W Muskegon Ave 24-205-345-0001-00 Cost of Sale $200,000 $20,000 0.09 FBC, UR
0 W Muskegon Ave 24-205-345-0002-10 Cost of Sale $200,000 $20,000 0.1 FBC, UR
617 W Muskegon Ave 24-205-345-0006-00 Cost of Sale $200,000 $20,000 0.24 FBC, UR
1047 Ambrosia St Cost of Sale $1,400,000 $140,000 0.57 OSR
24-205-232-0007-00
(7 lots)
1075 Ambrosia St Cost of Sale $1,200,000 $120,000 0.35 OSR
24-205-236-0008-00
(6 lots)
1155 Ambrosia St Cost of Sale $1,200,000 $120,000 0.61 OSR
24-205-250-0008-00
(6 lots)
1205 Ambrosia St Cost of Sale $1,200,000 $120,000 0.41 OSR
24-205-261-0008-00
(6 lots)
1386 Ransom St 24-205-266-0001-00 Cost of Sale $200,000 $20,000 0.2 R-3
1530 Hoyt St 24-205-282-0002-10 Cost of Sale $200,000 $20,000 0.1 R-3
292 Mason Ave 24-205-388-0008-10 Cost of Sale $200,000 $20,000 0.09 FBC, UR
254 W Southern Ave 24-205-420-0012-20 Cost of Sale $200,000 $20,000 0.07 FBC, UR
1670 Park St 24-205-439-0007-00 Cost of Sale $200,000 $20,000 0.09 FBC, UR
1772 5th St 24-205-463-0003-00 Cost of Sale $200,000 $20,000 0.23 FBC, UR
1227 Fleming Ave 24-745-000-0033-00 Cost of Sale $200,000 $20,000 0.11 R-2
1251 8th St (10 lots) 24-205-340-0001-00 Cost of Sale $2,000,000 $200,000 1.14 FBC-UR
Rudy Briggs Project (32 Homes)
527 Herrick St Cost of Sale $1,800,000 $180,000 1.41 R-1
24-205-023-0008-00
(9 lots)
530 Herrick St Cost of Sale $600,000 $60,000 0.41 R-1
24-205-022-0003-20
(3 lots)
553 Jackson Ave Cost of Sale $600,000 $60,000 0.55 R-1
24-205-022-0002-00
(3 lots)
579 Jackson Ave 24-205-022-0001-00 Cost of Sale $200,000 $20,000 0.19 R-1
601 Jackson Ave 24-205-021-0001-00 Cost of Sale $200,000 $20,000 0.2 R-1
621 Jackson Ave 24-205-020-0001-00 Cost of Sale $200,000 $20,000 0.34 R-1
677 Jackson Ave 24-205-019-0002-00 Cost of Sale $200,000 $20,000 0.24 R-1
558 Jackson Ave Cost of Sale $400,000 $40,000 0.61 R-1
24-205-014-0020-00
(2 lots)
608 Jackson Ave 24-205-015-0006-10 Cost of Sale $200,000 $20,000 0.24 R-1
704 Leonard Ave Cost of Sale $400,000 $40,000 0.38 R-1
24-405-003-0001-00
(2 lots)
740 Leonard Ave Cost of Sale $400,000 $40,000 0.37 R-1
24-205-003-0007-00
(2 lots)
754 Leonard Ave Cost of Sale $600,000 $60,000 0.37 R-1
24-205-003-0008-00
(3 lots)
766 Leonard Ave Cost of Sale $600,000 $60,000 0.38 R-1
24-405-003-0011-00
(3 lots)
Community Encompass Project (5 Homes)
1259 Sanford St (LB) 24-205-384-0007-20 Cost of Sale $200,000 $20,000 0.09 FBC, UR
1280 Sanford St (LB) 24-205-394-0001-00 Cost of Sale $200,000 $20,000 0.15 FBC, UR
1141 Jefferson St 24-205-364-0008-10 Cost of Sale $200,000 $20,000 0.1 FBC, UR
1095 1st 24-205-352-0008-00 Cost of Sale $200,000 $20,000 0.07 FBC, UR
1338 Arthur St (LB) 24-205-254-0001-00 Cost of Sale $200,000 $20,000 0.13 R-3
Land Bank Properties (12 Homes)
204 W Dale (LB) Blight $200,000 $0 0.08 FBC, UR
24-205-441-0007-00
Elimination
1514 Park St (LB) Blight $200,000 $0 0.19 FBC, UR
24-205-418-0003-00
Elimination
314 W Grand Ave (LB) Blight $200,000 $0 0.17 FBC, UR
24-205-406-0018-00
Elimination
237 Washington Ave Blight $200,000 $0 0.17 FBC, UR
24-205-405-0019-00
(LB) Elimination
329 Washington Ave Blight $200,000 $0 0.19 FBC, UR
24-205-406-0007-00
(LB) Elimination
1456 Park St (LB) Blight $200,000 $0 0.18 FBC, UR
24-205-407-0004-00
Elimination
1468 8th St (LB) (2 lots) Blight $400,000 $0 0.19 FBC, UR
24-205-408-0007-00
Elimination
462 Washington Ave Blight $200,000 $0 0.08 FBC, UR
24-205-374-0007-00
(LB) Elimination
507 Houston Ave (LB) Blight $200,000 $0 0.1 FBC, UR
24-205-371-0004-10
Elimination
1370 Sanford St (LB) Blight $200,000 $0 0.08 FBC, UR
24-205-401-0001-10
Elimination
1542 7th St (LB) Blight $200,000 $0 0.08 FBC, UR
24-205-419-0007-00
Elimination
Former Farmers Market Properties (40 Homes)
731 Yuba St Blight $1,600,000 155,400 (Public 2.71 I-1
(8 lots) Elimination (homes) Infrastructure)
24-205-183-0001-00
155,400 (Public
Infrastructure)
205 E Muskegon Ave Blight $1,600,000 155,400 (Public 2.55 I-1
(8 lots) Elimination (homes) Infrastructure)
24-205-192-0001-00 155,400
(Public/
Infrastructure)
287 E Muskegon Ave Blight $1,600,000 155,400 (Public 1.48 I-1
(8 lots) Elimination (homes) Infrastructure)
24-205-193-0004-00
155,400 (Public
Infrastructure)
225 Eastern Ave Blight $1,600,000 155,400 (Public 1.59 I-1
(8 lots) Elimination (homes) Infrastructure)
24-205-182-0001-00
155,400 (Public
Infrastructure)
650 Yuba St Blight $1,600,000 155,400 (Public 1.61 B-4
(8 lots) Elimination (homes) Infrastructure)
24-205-167-0001-00
155,400 (Public
Infrastructure)
Froebel School Property (40 Homes)
417 Jackson Ave Demo & $9,200,000 $2,000,000 7.01 R-1
Abatement ($1,200,000
24-205-024-0001-00
+ Cost of demo +
Sale
$800,000 Cost
of Sale)
City Rehab Projects (10 Homes)
nd
1078 2 St Blight $50,000 $0 0.1 FBC-UR
24-205-352-0004-10
Elimination
1067 W Grand Blight $50,000 $0 0.2 R-1
24-205-484-0004-00
Elimination
1188 4th St Blight $50,000 $0 0.13 FBC-UR
24-205-367-0008-00
Elimination
1457 7th St 24-205-407-0011-10 Cost of Sale $50,000 $20,000 0.12 FBC-UR
580 Catherine Ave 24-205-076-0009-00 Cost of Sale $50,000 $20,000 0.2 R-3
1192 Pine St 24-205-245-0002-00 Cost of Sale $50,000 $20,000 0.1 R-3
1194 Pine St 24-205-245-0002-10 Cost of Sale $50,000 $20,000 0.09 R-3
254 W Southern Ave 24-205-420-0012-20 Cost of Sale $50,000 $20,000 0.07 FBC-UR
435 E Isabella 24-205-078-0004-00 Cost of Sale $50,000 $20,000 0.2 R-3
248 Mason Ave 24-205-387-0007-00 Cost of Sale $50,000 $20,000 0.14 FBC-UR
Eligible Activities, Financing, Cost of Plan (Sec. 13(1) (a) (b) (c) (d) (g))
Eligible activities include cost of sale, demo & abatement, public infrastructure and brownfield
plan preparation and development (see chart below).
Eligible Activities Chart
Eligible Activity Cost
Cost of Sale $3,880,000
Demo & Abatement $1,200,000
Public Infrastructure $777,000
Brownfield Plan Preparation and Development $20,000
Sub-total $5,877,000
Contingency (15%) $881,550
Total Eligible Activities to be paid under this $6,758,550
Plan
The eligible activities described above will occur on the Property and are further described as
follows:
1. Cost of Sale: If the sale of a home results in a loss to the developer, the difference
between the cost of construction and the sale price is considered the cost of sale or a
seller concession. Some of these concessions could come from title work, acquisition
costs and selling costs. For this Plan, it is anticipated that each home may result in the
loss of $20,000 per unit.
2. Demo & Abatement: The cost to demolish the property and return it to a developable
state, which may include lead and asbestos abatement.
3. Public Infrastructure: The cost to construct public infrastructure like alleys and
water/sewer lines.
4. Brownfield Plan Preparation and Development: Costs incurred to prepare and develop
this brownfield plan, as required per Act 381 of 1996, as amended.
It is intended that the above eligible activities will be reimbursed with interest at 5%.
Effective Date if Inclusion in the Brownfield Plan
The amended Infill Housing Project was added to this Plan on ____________, 2020 and will be
amended accordingly upon adoption of this Plan Amendment.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 28, 2020 Title: West Urban Properties Agreement
Submitted By: Frank Peterson Department: City Manager
Brief Summary: In June, the City Commission accepted a Letter of Intent from West Urban Properties and
authorized the city manager and city attorney to finalize a development agreement. The proposed
development agreement is attached and recommended for approval.
Detailed Summary: We are proposing the framework of a Pilot program that we would use to initially
partner with West Urban Properties to construct 100 units on vacant city lots. As part of the program,
either the City or West Urban Properties may choose to stop home construction prior to the completion of
the 100 homes. The program is expected to be applicable to many different builders/developers and many
different housing types and densities. As the City tries to revers 40+ years of neighborhood disinvestment,
it is important that we acknowledge the areas that make us less-attractive for development than urban
areas. Some of those items are more in our control than others. This program focuses strictly on
developer return on investment – with the goal of the city acting as a partner to help ensure that a major
investment in rental housing neither fails to cashflow nor causes unreasonable increases in local rents.
Many times, affordability and profitability contradict one another – this Pilot Program is designed to help
attain both.
Amount Requested: $ Amount Budgeted: $
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To authorize the City Manager to sign the Development Agreement.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
FINAL FROM FRANK
PILOT DEVELOPMENT AGREEMENT
THIS PILOT DEVELOPMENT AGREEMENT (the “Agreement”) is made on the ____ day of
________, 2020, by and between the CITY OF MUSKEGON, a Michigan municipal corporation,
whose address is 933 Terrace Street, Muskegon, Michigan 49440 (the “City”) and West Urban
Properties, LLC, a Michigan limited liability company, whose address is 3265 Walker Avenue,
Suite D, Grand Rapids, Michigan, 49544 (the “Developer”).
RECITALS
A. Pursuant to P.A. 381 of 1996, as amended, (“Act 381”), the Muskegon Brownfield
Authority adopted a brownfield plan on ____________ (the “Brownfield Plan”) to add numerous
vacant properties, as specified on attached Exhibit A (the “Property”).
B. The Property is included in the City’s Scattered Site Brownfield Project, as
amended by the Muskegon Brownfield Redevelopment Authority on ________.
C. The Developer intends to redevelop the Property into a 100-unit scattered site
residential rental neighborhood where no less than 40% of the units are allocated to tenants with
income levels between 70% and 120% of the Area Median Income, as defined by the Michigan
State Housing Development Authority (the “Project”).
NOW, THEREFORE, the parties agree as follows:
1. Project Completion.
a. Developer agrees to purchase the Property described in attached Exhibit A.
i. The Developer will be responsible for all survey work associated with lot line
adjustments, except that City shall be responsible for all costs, including costs associated
with any necessary survey to create tax parcels.
ii. City will waive or pay for all water and sewer connection fees. Developer shall
be responsible for all other fees, specifically including mechanical, plumbing electrical and
any other construction and building permit fees.
i. b. Operating Incentive. In exchange for the Developer’s
commitment to allocate 40% of the units to be rented by individuals with income levels between
70% and 120% of Area Median Income, as defined by the Michigan State Housing Development
Authority, the City agrees to provide an operating incentive to ensure such affordability as
provided in Paragraph 3.
2. Rental Rates.
The Developer shall be responsible for verifying tenant income to ensure his/her
qualifications for any income-restricted units. An income-qualified tenant’s rent shall be set to
follow the the RENT LIMITS established annually by the Michigan State Housing Development
Authority (MSHDA) for a Muskegon County family earning between 70% and120% AMI and
renting 1-3-bedroom home. The Developer is not obligated to rent any units below the 70%
RENT LIMIT, regardless of the tenant’s verified income level. Exhibit C of This Agreement
demonstrates that initial rent limits as established by MSHDA in April 2020.
2
3. Shared Rental Benefit.
a. As an incentive to assist moderate income renters, the Developer may from time
to time rent units at a rental rate below $1,300 per month. In the event the developer rents a
unit to an income-qualified resident for less than $1,300 per month, the city will reimburse the
Developer as follows:
(1) if the rental rate is between $1,050 and $1,300, City will reimburse the
Developer the difference between the rental rate and $1,300; and
(2) If the rental rate is below $1,050, the City will pay $250 to Developer plus 50%
of the difference between the rental rate and $1,050.
As an incentive to attract market rate renters, the Developer may from time to time rent units at
a rental rate above $1,300 per month. In the event the developer rents a unit to a tenant for
more than $1,550 per month, the Developer will remit to the city 50% of the difference between
the actual rental rate and $1,550 per month.
b. City shall establish the “West Urban Properties Rental Subsidy Fund’. The City shall
deposit $250,000 from the City of Muskegon Economic Development Revolving Loan Fund, which
was created in part by a gift from Sappi Paper Company when the company ceased operations
for economic development. All monies owed to the Developer by City pursuant to Paragraph
3(a) shall be paid from the West Urban Properties Rental Subsidy Fund and all monies owed by
the Developer to the City pursuant to Paragraph 3(a) shall be credited to the West Urban
Properties Rental Subsidy Fund. On a quarterly basis, Developer shall provide documentation, to
City’s satisfaction, as to the amount City owes Developer and/or Developer owes City pursuant
to Paragraph 3(a). Upon termination of this Pilot Development Agreement, all monies left in the
3
West Urban Properties Rental Subsidy Fund shall revert to the City of Muskegon Economic
Development Revolving Loan Fund for economic development and any amounts owed to the
Developer shall be waived. City shall have no obligation to reimburse Developer for any reason
from any other City fund.
4. Vacancy Assistance.
During the first 30 days after completion of a home with a certificate of occupancy, the
Developer shall be responsible for any vacancy losses. After the 30-day holding period and during
the first 12 months of the completion of a home with a certificate of occupancy, the City will
reimburse the Developer $1,300 per month while the unit is owned by Developer and vacant.
Any monies owed by City shall be taken from the Fund established in Paragraph 3(b) and from
no other source of City monies. Any unit that remains vacant for more than three months must
be listed on the MLS at a price not more than 110% of cost to construct, which will be accepted
by Developer. Failure to list the property for sale at not more than 110% of the cost to construct
shall render the City’s obligation to provide vacancy assistance invalid. If the provisions of this
Paragraph are exercised by Developer, then City shall have the right to terminate this Agreement
as to any building not under construction at the time the City provided notice of its intent to
terminate this Agreement pursuant to this Paragraph. Both parties agree that a building will be
considered under construction only after the foundation and/or building slab is in place.
5. Renter Opportunity to Purchase.
With a 60-day written notice from any Tenant to the Landlord. Tenant shall have the
option to purchase their occupied Leased Premises at the current appraised value plus any
4
subsidy paid from the West Urban Properties Rental Subsidy Fund for that unit, unless that value
is less than the original cost to build the residential dwelling.
6. Property Taxes.
In the event that the State Equalized Values (SEV) assigned to properties by the City Assessor at
the completion of a phase results in an initial an annual property tax bill in excess of $2,325 per
unit, parties agree to amend that Section 3(a) of this Pilot Agreement to offset the increased
property tax burden. Annually, beginning January 1, 2022, the $2,325 maximum per unit average
shall increase or decrease with the Consumers Price Index regularly used by the Muskegon City
Assessor.
7. Term of Agreement.
The Developer’s and City’s obligations under this Agreement for any individual parcel shall
terminate 20 years from the issuance of the original certificate of occupancy or upon a sale of
the parcel that results in an uncapping of the Property’s Taxable Value, but never after January
1, 2045 (the “Term”).
This 100-unit Pilot shall be completed in 4 phases of 25 home increments. The
Developer and City agree to meet upon the completion of each phase to discuss the
performance of the prior phase before proceeding onto the next phase. At that time, if either
party is dissatisfied with the performance of the phase, the upcoming phase may be postponed
for up to 12 months by providing written notice.
If Developer is not constructing units on the Property for a 12-month period, as evidenced
by the failure to pull permits and complete construction in a timely manner, the Pilot
5
Development Agreement shall terminate, after Notice as required by Paragraph 8, as to Parcels
where Developer is not pursuing construction.
Should any court of competent jurisdiction find any portion of the Pilot Development
Agreement void and/or prohibits City from funding any obligation provided in this Pilot
Development Agreement, either City or Developer may terminate this Pilot Development
Agreement with no consequences from the other party.
8. Notices.
All notices, payments, demands or requests required or permitted to be given pursuant
to this Agreement shall be in writing and shall be deemed to have been properly given or served
effective on the second (2nd) business day after being deposited in the United States mail,
postpaid and registered or certified with return receipt requested; or when sent by private
courier service for same-day delivery or one day after being sent by private courier service for
next-day delivery. Notices shall be sent via e-mail and also to the respective addresses set forth
below:
To Seller: THE CITY OF MUSKEGON
Attn: City Manager
933 Terrace St.
Muskegon, MI 49440
With copy to: Parmenter Law
P.O. Box 786
Muskegon, MI 49443-0786
6
To Purchaser: WEST URBAN PROPERTIES,LLC
Attn: Dave Dusendang
3265 Walker Avenue, Suite D,
Grand Rapids, Michigan, 49544
9. Assignment.
Developer and City shall have the right to assign all of its rights and delegate all of its
obligations under this Agreement to either an existing or a newly created entity, provided,
however, that no assignment shall operate as a release of that party without the written consent
of the other, which consent may be withheld in such other party’s sole discretion.
10. Arbitration.
Any and all disputes, controversies, or claims arising out of or in connection with or
relating to this Agreement, or any breach or alleged breach thereof, shall, on the request of either
party, be submitted to and settled by arbitration in the State of Michigan pursuant to the rules,
then in effect, of the American Arbitration Association (or at any other place or under any other
form of arbitration mutually acceptable to the parties involved). This Agreement to arbitrate shall
be specifically enforceable under the prevailing arbitration law. Notice of the demand for
arbitration shall be filed, in writing, within a reasonable time after the claim, dispute, or other
matter in question arose where the party asserting the claim should reasonably have been aware
of it, but in no event later than the applicable Michigan statute of limitations. Cost of arbitration
shall be shared equally by the parties, provided that each party shall pay for and bear the cost of
7
his or her own experts, evidence, and attorney fees. Judgment on the award rendered by the
arbitrator may be entered in any court having jurisdiction to do so.
11. Entire Agreement.
This Agreement supersedes all agreements previously made between the parties relating
to the subject matter. There are no other understandings or agreements between them.
12. Non-Waiver.
No delay or failure by any party to exercise any right under this Agreement, and no partial
or single exercise of that right, constitutes a waiver of that or any other right, unless otherwise
expressly provided herein.
13. Headings.
Headings in this Agreement are for convenience only and shall not be used to interpret
or construe its provisions.
14. Governing Law.
This Agreement shall be construed in accordance with and governed by the laws of the
State of Michigan.
15. Counterparts.
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original but all of which together shall constitute one and the same instrument.
16. Binding Effect.
The provisions of this Agreement shall be binding upon and inure to the benefit of all the
parties and their respective heirs, legal representatives, successors and assigns.
The parties have executed this Agreement on the date set forth above.
8
CITY OF MUSKEGON
By:_____________________________
Its:_____________________________
WEST URBAN PROPERTIES, LLC
By:_____________________________
Its:_____________________________
9
EXHIBIT A
TO DEVELOPMENT AGREEMENT
DESCRIPTION OF ALL PARCELS SUBJECT TO THIS AGREEMENT
10
EXHIBIT B
TO DEVELOPMENT AGREEMENT
PARCEL PURCHASE AGREEMENT
This PARCEL PURCHASE AGREEMENT (this “Agreement”) is made on the ____ day of
__________, 2020, by and between WEST URBAN PROPERTIES, LLC, a Michigan limited liability
company of 3265 Walker Avenue, Suite D, Grand Rapids, Michigan, 49544 (“Purchaser”) and THE
CITY OF MUSKEGON, a Michigan municipal corporation, of 933 Terrace Street, Muskegon,
Michigan 49440 (“Seller”) as follows:
BACKGROUND
Purchaser and Seller entered into a Development Agreement which contemplates that
Purchaser will purchase up to 100 separate parcels of land. The parcels are both located in the
City of Muskegon, Muskegon County, Michigan, and are depicted on the attached Exhibit A.
AGREEMENT
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS
SET FORTH HEREIN THE PARTIES AGREE AS FOLLOWS:
1. Phase Parcels. Seller agrees to sell and Purchaser agrees to Purchase the parcels,
as depicted on the attached Exhibit A. The precise description of each project and any individual
building sites within each property will be agreed to by the parties prior to closing, as
contemplated by the Development Agreement.
2. Purchase Price. The Purchase Price shall be one dollar ($1.00) for each parcel.
The Purchase Price shall be delivered at Closing in immediately available funds subject to
the terms and conditions stated in this Agreement. The Purchaser’s obligations under this
Agreement are not contingent upon financing.
3. Investigation Period; Right to Terminate. The “Investigation Period” shall expire
ninety (90) days following the date this Parcel Purchase Agreement has been executed by both
parties (the “Effective date”). During the Investigation Period, Purchaser shall have the right to
have the Parcel inspected, surveyed, evaluated, analyzed, tested, appraised and/or assessed for
any matter whatsoever, including but not limited to, market value; soil conditions; location of
flood plains; presence of wetland and necessary mitigation, if any; storm water drainage systems;
presence of environmental contamination; health and safety conditions; access to utilities;
access to public roads; zoning; entitlement; compliance with laws, codes and ordinances and any
other matter desired by Purchaser. Seller hereby grants Purchaser and Purchaser’s agents,
employees, representatives, consultants, and contractors a nonexclusive license during the term
of this Agreement, to enter and have access to the Parcel for purposes of having such
investigations performed and the right to discuss the Parcel and the conditions related thereto
with governmental authorities. During the Investigation Period, and any extensions thereof,
Purchaser has sole discretion to terminate this Agreement. All investigations, testing, and
inspections by Purchaser shall be at Purchaser’s sole cost and expense. Any permits or permitting
requested or required by Purchaser shall be at Purchaser’s sole cost and expense, and at
Purchaser’s sole risk. Purchaser may extend the Investigation Period for up to an additional
ninety (90) days if Purchaser in good faith decides to do so based on information learned during
the Investigation Period. The Parcels shall be returned to the condition of the Parcels as of the
date of the Pilot Development Agreement.
4. Payment of Property Taxes. Purchaser shall have no obligation to pay any amount
for Property taxes that may have been assessed through the date of closing.
5. Closing Deadline; Schedule. The parties agree to schedule closings at the earliest
possible time following the latter end of the Investigation Period, or any extension thereof.
6. Seller’s Closing Deliveries. At the Closing, Seller shall deliver to the Purchaser, the
following items, which shall be in a form and substance satisfactory to Purchaser:
A. A Quit Claim Deed conveying to Purchaser Seller’s interest to the Parcel,
executed and acknowledged by Seller in recordable form. The Quit Claim Deed shall include a
covenant as to the use of the Parcels and the income and rental limitations provided in the Pilot
Development Agreement;
B. Such other documents, including a signed Closing Statement, as are
necessary and appropriate for the consummation of this transaction by Seller.
7. Purchaser’s Closing Deliveries. At Closing, Purchaser shall deliver to Seller: a)
approved building plans and permits for the Parcel; b) the Purchase Price; and c) such other
documents, including a signed Closing Statement, as are necessary and appropriate for the
consummation of this transaction by Purchaser.
8. Special Assessments. Seller and Buyer acknowledge that the Parcels are subject to
Special Assessments as listed on Exhibit B.
9. Title. It is Purchaser’s obligation, at its expense, to order a commitment for an
owner’s policy of title insurance for each Parcel from Transnation Title, 570 Seminole Road,
Muskegon, Michigan (the “Title Policy”) within ten (10) days of the date of this Agreement. If
Purchaser has any objections to matters disclosed in the title commitment, Purchaser has the
right to terminate this Agreement without further obligation.
10. Representations and Warranties of Seller. Seller, which is limited to the personal
knowledge of Frank Peterson, the City Manager, hereby represents and warrants to Purchaser
that to the best of Seller’s knowledge, as of the date hereof and on the date of Closing, which
representations and warranties shall survive Closing, but without additional investigation by
Seller:
12
A. Seller has the right, power and authority to enter into this Agreement and
to sell the Parcel in accordance with the terms hereof, and Seller has granted no option or right
of first refusal to any other person or entity to purchase the Parcel and has not entered into any
contract to sell the Parcel as of the date of the Agreement. The individuals signing this Agreement
and all other documents executed or to be executed pursuant hereto on behalf of Seller are and
shall be duly authorized to sign the same on Seller's behalf and to bind Seller thereto.
B. Except as disclosed in the writing to Purchaser by Seller, Seller has not
received any notice of, and has no knowledge within the past ten (10) years, of existing violations
on the Parcel or any portion thereof of any zoning, building, fire, health, pollution, environmental
protection, hazardous or toxic substance or waste disposal law or ordinance.
C. At the Closing, there will be no parties in possession of the Parcels or
entitled to possession thereof other than Seller. There will be no leases, agreements, options or
other instruments or agreements in effect with respect to the Parcel.
D. There are no existing or pending condemnations or sales in lieu thereof
with respect to the Parcel, or any part thereof, nor have any such actions, suits, proceedings or
claims been threatened or asserted.
E. There are no delinquent assessments. Current assessments with
obligations to make future assessment payments are disclosed on Exhibit B.
F. There is no litigation, proceeding or investigation pending or, to Seller’s
knowledge, threatened against or involving Seller or the Parcel, and Seller does not know or have
reason to know of any grounds as to the sale of the Parcels for any such litigation, proceeding or
investigation, which could have an adverse impact on Purchaser or Purchaser’s title to or use of
the Parcel, either before or after Closing. No such warranty is made as to the proposed Rental
Subsidy.
G. Seller has not received any notice of assessment or proposed assessment
in connection with the Parcel, except as disclosed in Exhibit B.
H. Seller is not a “foreign person” as that term is defined in section 1445 of
the Internal Revenue Code of 1986, as amended.
I. Except as set forth in documents provided by Seller to Purchaser, the
Parcels and Seller are in full compliance with all requirements of federal, state and local
environmental, health or safety laws, regulations and administrative or judicial decrees, as
amended (the “Environmental Laws”).
J. With the exception of the documents available in the public domain and
the documents provided by Seller to the Purchaser, there are no reports, studies, appraisals,
engineering reports, agreements with governmental authorities, wetland studies or reports,
flood plain studies or reports related to the Parcel of which Seller is aware within the last ten (10)
years, or that are in Seller’s possession or control.
13
11. Representations and Warranties of Purchaser. Purchaser hereby represents and
warrants to Seller, which representations and warranties shall survive Closing, that as of the date
hereof, and on the date of Closing:
A. Purchaser has the full power and authority to execute, deliver and perform
this Agreement and all of Purchaser’s obligations under this Agreement; and
B. The individuals signing this Agreement and all other documents executed
or to be executed pursuant hereto on behalf of Purchaser are and shall be duly authorized to sign
the same on Purchaser’s behalf and to bind Purchaser thereto.
12. Indemnification. Purchaser agrees to indemnify and hold Seller and its managers,
members, and successors and assigns and their members, managers and representatives (the
"Seller Group") harmless from and against any and all liabilities, claims, demands, and expenses,
of any kind or nature, including but not limited to, all expenses related thereto, including, without
limitation, court costs and attorney’s fees for matters (i) arising or accruing after the Closing and
which are in any way related to Purchaser’s ownership, maintenance, or operation of the Parcel;
and/or (ii) arising from or related to the inaccuracy or breach of any of Purchaser’s
representations and warranties. It is expressly stipulated and agreed that the provisions of this
Section shall survive the Closing.
13. Default and Remedies.
A. Purchaser’s Default; Seller’s Remedy. If the Purchaser fails to close on the
purchase of the Parcel, Seller may, as its sole and exclusive remedy, terminate this Agreement by
giving an appropriate Notice of Default as provided below. If Purchaser agrees to close on some
but not all of the Parcels, the obligations in the Pilot Development Agreement shall be reduced
on a prorate basis.
B. Seller’s Default; Purchaser’s Remedies. If the Seller fails to close on the
purchase of the Parcel, Purchaser may, as its sole and exclusive remedy, terminate this
Agreement by giving an appropriate Notice of Default as provided below.
C. Notice of Default. In the event either party declares the other to be in
default, such declaration shall be in writing, with an outline of the actions required to cure such
default. The recipient of such notice of default shall have 15 days to cure the alleged default.
14. This Paragraph is intentionally left blank.15. Sale and Assignment of Agreement.
Purchaser and City shall have the right to assign all of its rights and delegate all of its obligations
under this Agreement to either an existing or a newly created entity, provided however, that no
assignment shall operate as a release of that party without the written consent of the other,
which consent may be withheld in such other party's sole discretion.
16. This Paragraph is intentionally left blank.
17. Miscellaneous.
14
A. TIME IS OF THE ESSENCE OF THIS AGREEMENT.
B. This Agreement shall be governed by and construed under the laws of the
State of Michigan.
C. This Agreement supersedes all prior discussions and agreements between
Seller and Purchaser with respect to the conveyance of the Parcel and all other matters contained
herein and constitutes the sole and entire agreement between Seller and Purchaser with respect
thereto. This Agreement may not be modified or amended unless such amendment is set forth
in writing and signed by both Seller and Purchaser.
D. All notices, payments, demands or requests required or permitted to be
given pursuant to this Agreement shall be in writing and shall be deemed to have been properly
given or served effective on the second (2nd) business day after being deposited in the United
States mail, postpaid and registered or certified with return receipt requested; or when sent by
private courier service for same-day delivery or one day after being sent by private courier service
for next-day delivery. Notices shall be sent via e-mail and also to the respective addresses set
forth below:
To Seller: THE CITY OF MUSKEGON
Attn: City Manager
933 Terrace St.
Muskegon, MI 49440
With copy to: Parmenter Law
P.O. Box 786
Muskegon, MI 49443-0786
To Purchaser: WEST URBAN PROPERTIES, LLC
Attn: Dave Dusendang
3265 Walker Avenue, Suite D,
Grand Rapids, Michigan, 49544
E. This Agreement shall inure to the benefit of and bind the parties hereto
and their respective heirs, legal representatives, successors and permitted assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
SELLER:
THE CITY OF MUSKEGON
15
By:
Its:
PURCHASER:
WEST URBAN PROPERTIES
By:
Dave Dusendang
Its:
16
EXHIBIT A
TO PURCHASE AGREEMENT
DESCRIPTION OF ALL PARCELS SUBJECT TO THIS AGREEMENT
17
EXHIBIT B
EXISTING SPECIAL ASSESSMENTS
18
EXHIBIT C
MSHDA 4/1/2020 INCOME AND RENT LIMITS
19
04/01/2020 INCOME AND RENT LIMITS
County: 61 Muskegon Effective Date: 4/1/2020
Income 1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person
20% 8,960 10,240 11,520 12,780 13,820 14,840 15,860 16,880
25% 11,200 12,800 14,400 15,975 17,275 18,550 19,825 21,100
30% 13,440 15,360 17,280 19,170 20,730 22,260 23,790 25,320
35% 15,680 17,920 20,160 22,365 24,185 25,970 27,755 29,540
40% 17,920 20,480 23,040 25,560 27,640 29,680 31,720 33,760
45% 20,160 23,040 25,920 28,755 31,095 33,390 35,685 37,980
50% 22,400 25,600 28,800 31,950 34,550 37,100 39,650 42,200
55% 24,640 28,160 31,680 35,145 38,005 40,810 43,615 46,420
60% 26,880 30,720 34,560 38,340 41,460 44,520 47,580 50,640
70% 31,360 35,840 40,320 44,730 48,370 51,940 55,510 59,080
80% 35,840 40,960 46,080 51,120 55,280 59,360 63,440 67,520
100% 44,800 51,200 57,600 63,900 69,100 74,200 79,300 84,400
120% 53,760 61,440 69,120 76,680 82,920 89,040 95,160 101,280
125% 56,000 64,000 72,000 79,875 86,375 92,750 99,125 105,500
140% 62,720 71,680 80,640 89,460 96,740 103,880 111,020 118,160
150% 67,200 76,800 86,400 95,850 103,650 111,300 118,950 126,600
Rent By Person 1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person
20% 224 256 288 319 345 371 396 422
25% 280 320 360 399 431 463 495 527
30% 336 384 432 479 518 556 594 633
35% 392 448 504 559 604 649 693 738
40% 448 512 576 639 691 742 793 844
45% 504 576 648 718 777 834 892 949
50% 560 640 720 798 863 927 991 1,055
55% 616 704 792 878 950 1,020 1,090 1,160
60% 672 768 864 958 1,036 1,113 1,189 1,266
80% 896 1,024 1,152 1,278 1,382 1,484 1,586 1,688
100% 1,120 1,280 1,440 1,597 1,727 1,855 1,982 2,110
120% 1,344 1,536 1,728 1,917 2,073 2,226 2,379 2,532
125% 1,400 1,600 1,800 1,996 2,159 2,318 2,478 2,637
140% 1,568 1,792 2,016 2,236 2,418 2,597 2,775 2,954
150% 1,680 1,920 2,160 2,396 2,591 2,782 2,973 3,165
Rent By Bedroom 0 Bedroom 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom
20% 224 240 288 332 371 409
25% 280 300 360 415 463 511
30% 336 360 432 498 556 613
35% 392 420 504 581 649 716
40% 448 480 576 665 742 818
45% 504 540 648 748 834 920
50% 560 600 720 831 927 1,023
55% 616 660 792 914 1,020 1,125
60% 672 720 864 997 1,113 1,227
70% 784 840 1,008 1,163 1,298 1,432
80% 896 960 1,152 1,330 1,484 1,637
100% 1,120 1,200 1,440 1,662 1,855 2,046
120% 1,344 1,440 1,728 1,995 2,226 2,455
125% 1,400 1,500 1,800 2,078 2,318 2,557
140% 1,568 1,680 2,016 2,327 2,597 2,864
150% 1,680 1,800 2,160 2,493 2,782 3,069
Eligible Property Information Chart
Address
1246 5 St
th
1252 5th St
1245 5th St
1261 5th St
1342 6th St
1349 6th St (2 lots)
1352 6th St (2 lots)
1411 6th St
1387 7th St (2 lots)
395 Houston Ave (2 lots)
275 Mason Ave (2 lots)
346 Mason Ave (2 lots)
352 Mason Ave
219 Merrill Ave
271 Merrill Ave (2 lots)
388 Merrill Ave (2 lots)
235 Monroe Ave
239 Monroe Ave
240 Monroe Ave
250 Monroe Ave
254 Monroe Ave
398 Monroe Ave
1392 Park St
382 W Muskegon Ave
487 W Muskegon Ave
420 Washington Ave (2 lots)
459 Washington Ave (3 lots)
1782 5th St (2 lots)
318 W Larch Ave (2 lots)
324 W Larch Ave
1686 7th St (2 lots)
1660 7th (2 lots)
408 W Dale Ave
340 W Forest Ave
1639 5th St
1605 Sanford St (2 lots)
487 W Southern Ave (2 lots)
305 W Grand Ave
1535 6th St
1542 7th St
355 W Grand Ave
337 W Grand Ave
1458 6th St
1464 6th St
0 Washington Ave
242 Strong Ave
1360 7th St
1366 7th St
1262 6th St
579 W Muskegon Ave
0 W Muskegon Ave
617 W Muskegon Ave
1047 Ambrosia St (7 lots)
1075 Ambrosia St(6 lots)
1155 Ambrosia St(6 lots)
1205 Ambrosia St(6 lots)
1386 Ransom St
1530 Hoyt St
292 Mason Ave
254 W Southern Ave
1670 Park St
1772 5th St
1227 Fleming Ave
553 Jackson Ave (3 lots)
579 Jackson Ave
601 Jackson Ave
621 Jackson Ave
558 Jackson Ave (2 lots)
608 Jackson Ave
445 Marquette Ave
527 Herrick St
530 Herrick St
270 Meeking St
329 Leonard Ave
366 Bennett St.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 28, 2020 Title: Amendment to the Temporary Uses
Ordinance
Submitted By: Mike Franzak Department: Planning
Brief Summary: Staff initiated request to amend section 2324 of the zoning ordinance to allow
mobile food vending as a temporary use.
Detailed Summary: The Planning Commission unanimously voted in favor of the ordinance
amendment.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion:
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 2324 of the Zoning Ordinance to allow mobile food vending as a temporary
use permitted.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
NEW LANGUAGE (additions in bold)
SECTION 2324: TEMPORARY BUILDINGS, STRUCTURES AND USES
I. Mobile Food Vending: Mobile food vending options permitted by City Ordinance Sec. 50-301 thru 50-
304 may be temporarily located in B-2, B-4, LR, WM, I-1, I-2 districts and all Form Based Code context
areas except Urban Residential and Lakeside Residential; under the following conditions:
(1) Food trucks and trailers must be placed at least ten feet away from any principal
structure and at least five feet from any lot line. They may be placed on grass,
pavement or in the parking lot, but may not impede proper vehicular flow on the
site.
(2) Trash receptacles must be located on site.
(3) Permits for mobile food vending between 1 and 89 days will be reviewed
administratively.
(4) Permits for mobile food vending between 90 days and one year will require the
notification of all properties within 300 feet. If no concerns are received within 15
days, the permit application will be reviewed administratively. If there are concerns,
a public hearing at the Planning Commission will be required. Administrative and
Planning Commission reviews must use the following review standards:
i. Will the use contribute to the vitality and experience of the business
district?
ii. Will the use support or detract from existing brick and mortar
establishments?
iii. Is there an appropriate separation distance between temporary and
permanent uses so as to not impair the long-term viability of nearby
businesses?
iv. Will the use add variety to the types of food or beverage offerings in
the district or compete with area businesses in close proximity?
v. Will the proposed mobile food vendor contribute to the general
aesthetic of the business district and include high quality materials and
finishes?
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 July 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 July 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 mobile food vending as a temporary use permitted.
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
Planning Commission Excerpt:
Hearing, Case 2020-12: Staff initiated request to amend section 2324 of the zoning ordinance to
allow mobile food vending as a temporary use.
SUMMARY
1. Please see Section 2324 of the zoning ordinance (enclosed). This section allows for
temporary buildings, structures and uses.
2. Mobile food vending is allowed by Sec. 50-301 thru 50-304 of the City Ordinances
(enclosed). However, it was initially developed to allow food vendors in the City right-
of-way. Since its inception, it has mainly been utilized by vendors on private property.
They City Commission has asked the Planning Commission to develop an ordinance that
dictates where they may locate, their placement on site and how long they may be
permitted.
Proposed Addition to Section 2324.
I. Mobile Food Vending: Mobile food vending options permitted by City Ordinance Sec.
50-301 thru 50-304 may be temporarily located in B-2, B-4, LR, WM, I-1, I-2 districts
and all Form Based Code context areas except Urban Residential and Lakeside
Residential; under the following conditions:
(1) Food trucks and trailers must be placed at least ten feet away from
any principal structure and at least five feet from any lot line. They
may be placed on grass, pavement or in the parking lot, but may not
impede proper vehicular flow on the site.
(2) Trash receptacles must be located on site.
(3) Permits for mobile food vending between 1 and 89 days will be
reviewed administratively.
(4) Permits for mobile food vending between 90 days and one year will
require the notification of all properties within 300 feet. If no
concerns are received within 15 days, the permit application will be
reviewed administratively. If there are concerns, a public hearing at
the Planning Commission will be required. Administrative and
Planning Commission reviews must use the following review
standards:
i. Will the use contribute to the vitality and experience of the
business district?
ii. Will the use support or detract from existing brick and mortar
establishments?
iii. Is there an appropriate separation distance between temporary
and permanent uses so as to not impair the long-term viability
of nearby businesses?
iv. Will the use add variety to the types of food or beverage
offerings in the district or compete with area businesses in
close proximity?
v. Will the proposed mobile food vendor contribute to the general
aesthetic of the business district and include high quality
materials and finishes?
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 7/28/2020 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. Based on community and Commission feedback,
staff has identified some language updates to more effectively regulate mobile food vendors and
areas they operate.
Detailed Summary:
The City Commission held work sessions to update the mobile food vending ordinance on February 10
and March 9. Based on the feedback received from the community and Commission, the following
changes are before you for recommended approval:
Regulatory Ordinance
Changes to Chapter 50 include requiring proof of permission to be on private property, compliance
with fire safety, code, and all other legal requirements (including health department inspections and
licenses), and display of city license. The updates also include a change to allow temporary approval
by the City Clerk to allow overnight parking on public property or streets and a clarification that a
mobile food vendor cannot operate on public or private property within 1,000 of an event or the
Farmers Market during market hours. As requested, a map showing this distance is attached. The
required distance from brick and mortars is increased to 100 ft as measured from the service window
to the lot line. A formal complaint, revocation, and appeals process was also added. A red lined copy
of all these changes is attached.
Public Areas and Streets
Allowing mobile food vending on private property in B-2, B-4, LR, WM, I-1, I-2, MC and all Form Based
Code context areas except Urban Residential and Lakeside Residential was added and addressed
through the amendment to the temporary uses in the Zoning Ordinance.
A resolution allowing mobile food vendors on public property and streets in the same areas is attached
along with rescinding the previously identified areas.
Amount Requested: None Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Motion to amend and adopt Chapter 50, Article VIII Sections 50-303
through 50-305 and approve the resolution for mobile food vending in public 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 in Public Areas
2020-
WHEREAS; Chapter 50-304(a) of the Mobile Food Vending Ordinance states the
City Commission shall by resolution identify streets and public 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, Lakeside Business District,
commercial properties in the 1600 block of Glade as well as areas in the
downtown area as defined by the DDA map, business district, and industrial
parks.
NOW THEREFORE BE IT RESOLVED, the previously approved areas for
mobile food vending is hereby rescinded.
BE IT FURTHER RESOLVED, mobile food vending is now permitted on the
streets and public areas of the following districts: B-2, B-4, LR, WM, I-1, I-2, MC
and all Form Based Code context areas except Urban Residential and Lakeside
Residential.
Adopted this 28th day of July 2020.
_____________________________________
Ann Meisch
City Clerk