City Commission Packet 06-26-2007

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      CITY OF MUSKEGON
           CITY COMMISSION MEETING
                         JUNE 26, 2007
     CITY COMMISSION CHAMBERS@ 5:30                                P.M.
                               AGENDA

•   CALL TO ORDER:
•   PRAYER:
•   PLEDGE OF ALLEGIANCE:
•   ROLL CALL:
•   HONORS AND AWARDS:
•   INTRODUCTIONS/PRESENTATION:
      A. 2007 Julia E. Hackley Interns. AFFIRMATIVE ACTION
•   CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
      B. Fireworks Display- Muskegon Summer Celebration. CITY CLERK
      C. 2007 Wage Matrix for Non-Union         Part-Time    and   Limited-Term
         Employees. CIVIL SERVICE
      D. FIRST READING: Amendment to the Zoning Ordinance - Section 300
         (Districts) of Article Ill. PLANNING & ECONOMIC DEVELOPMENT
      E. FIRST READING: Amendment lo the Zoning Ordinance - Remove H,
         Heritage District Reference from Table I. PLANNING & ECONOMIC
         DEVELOPMENT
      F. Approval of the Use & Maintenance of City Owned Property al 1441
         Hoyt & 360 E. Isabella by the Healthy Neighborhoods Project.
         PLANNING & ECONOMIC DEVELOPMENT
      G. lnleragency Agreement with Muskegon County Community Mental
         Health. PUBLIC SAFETY
      H. Approval of 2007 & 2008 Contract with Norton Shores for the
         Administration of their Community Development Block Grant Program.
         COMMUNITY & NEIGHBORHOOD SERVICES
      I.   City - MDOT Agreement for Federal Money Loan to Reconstruct
           McGraft Park Road, Glenside lo Addison. ENGINEERING
         J. City - MDOT Agreement for the Reconstruction of McGraft Park Road,
            Glenside to Addison. ENGINEERING
         K. Request for Encroachment Agreement for Cable Installation on Roberts
            Street. ENGINEERING
         L. Request for Encroachment Agreement for Lighted Sign on Pine Street.
             ENGINEERING
•   PUBLIC HEARINGS:
•   COMMUNICATIONS:
•   CITY MANAGER'S REPORT:
•   UNFINISHED BUSINESS:
•   NEW BUSINESS:
        A. Jurisdictional Transfer with Michigan Department of Transportation.
             CITY MANAGER
         B. Engineering Agreement for Engineering Services with Wade Trim.
            ENGINEERING
•   ANY OTHER BUSINESS:
•   PUBLIC PARTICIPATION:
•   Reminder: Individuals who would like to address the City Commission shall do the following:
•   Fil! 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 foiward 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.)


•   ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AlDS AND SERVICES TO lNDIVJDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOT!CE TO THE CITY OF MUSKEGON. PLEASE CONTACT ANN
MARIE BECKER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD:
(231) 724-4172.
Date:     June 26, 2007
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Becker, City Clerk
RE:       Approval of Minutes




                                                           th
SUMMARY OF REQUEST: To approve minutes for the June 11
Commission Worksession, and the June 12th Regular Commission
Meeting.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                         JUNE 26, 2007
    CITY COMMISSION CHAMBERS@ 5:30 P.M.
                                MINUTES

   The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, June 26,
2007.
   Mayor Warmington opened the meeting with a prayer from Pastor Penny
Johnson from the Oakcrest Church of God after which the Commission and
public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
   Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Lawrence Spataro, Sue Wierengo, Chris Carter, Kevin Davis, and
Clara Shepherd, City Manager Bryon Mazade, City Attorney John Schrier, and
Deputy City Clerk Linda Potter
2007-52 INTRODUCTIONS/PRESENTATION:
     A. 2007 Julia E. Hackley Interns. AFFIRMATIVE ACTION
Dwana Thompson, Affirmative Action Director, introduced William Vauters who is
working in the Planning Department and Brittany Tillman (not present) who is
working in the Clerk's Office
2007-53 CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the June 11 th Commission
Worksession, and the June 12th Regular Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
      B. Fireworks Display - Muskegon Summer Celebration. CITY CLERK
SUMMARY OF REQUEST: Summit Pyrotechnics is requesting approval of a
fireworks display permit for July 4th and July 8th at the Muskegon Summer
Celebration. Fire Marshall Metcalf has reviewed the request and recommends
approval contingent on inspection of the fireworks.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks
and approval of the insurance.
      C. 2007 Wage Matrix for Non-Union             Part-Time    and     Limited-Term
         Employees. CIVIL SERVICE
SUMMARY OF REQUEST: Due to an oversight of information submitted in
December 2006, the 2007 Wage Matrix for Non-Union Part-Time and Limited-
Term Employees requires a mid-year adjustment for the seasonal Recreation
Aide. With the current Michigan minimum wage at $6.95 an hour, on July 1,
2007 it increases to $7.15 an hour. The present pay range for the seasonal
Recreation Aide is :
      Step 1   Step 2   Step 3    Step 4   Step 5     Step 6     Step 7
      $5.50    $5.75    $6.00     $6.25     $6.50     $6.75      $7.00
The top of the range only just meets the current state requirements and
becomes inadequate as of July 1, 2007.
As proposed, the pay range below adequately addresses the new pay
requirements as well as anticipated future wage mandates, considering that the
federal minimum wage is expected to rise to $7.25 per hour by 2008 and the
Michigan minimum wage is scheduled to rise to $7.40 per hour as of July 1, 2008.
The below proposed range also allows for employee year-to-year wage
progression, if called for.
      Step 1   Step 2   Step 3   Step 4    Step 5       Step 6    Step 7
     $7.25     $7.50    $7.75    $8.00     $8.25       $8.50      $8.75
FINANCIAL IMPACT: Accounted for in current budget.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of request.
      D. FIRST READING: Amendment to the Zoning Ordinance - Section 300
         (Districts) of Article Ill. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 300 (Districts) of Article Ill
(Zoning Districts and Maps) of the zoning ordinance to remove the reference to
the Heritage District.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends              amendment      of     the   Zoning
Ordinance to Section 300, Article Ill to remove the reference to the Heritage
District.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their June 141h meeting. The vote unanimous.
      E. FIRST READING: Amendment to the Zoning Ordinance - Remove H,
         Heritage District Reference from Table I. PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Table l (Heights, Areas, and Yards)
and Table Notes, #6 of the zoning ordinance to remove the reference to the
Heritage zone.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to remove the reference to the Heritage zone from Table l and
Table Notes, #6.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their June 141h meeting. The vote was unanimous.
      I.   City - MDOT Agreement for Federal Money Loan to Reconstruct
           McGraft Park Road, Glenside to Addison. ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MOOT for the
reconstruction of McGraft Park Road from Glenside to Addison and to approve
the resolution authorizing the Mayor and City Clerk to sign the contract for the
federal funds loan from the state.
The advantage on this project is that this whole agreement is merely a paper
work matter since the city could not have spent any construction money
against the federal funds to accrue any interest until those funds become
available.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None at this time. The City's share of the cost will
come out of the Major Street and water funds as will be shown in the 2008
budget.
STAFF RECOMMENDATION: Approve the contract and resolution and authorize
the Mayor and Clerk to sign both.
      K. Request for Encroachment Agreement for Cable Installation on Roberts
         Street. ENGINEERING
SUMMARY OF REQUEST: West Shore Cardiology Consultants has submitted an
encroachment agreement form requesting your permission to install 66' of 2"
PVC conduit (housing a 50x24 copper cable and a 6 fiber cable) under Roberts
Street 318' north of the centerline of Sherman Blvd. to connect the
communication line between the two buildings.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the encroachment agreement with
supplemental conditions and compliance with required insurance coverage.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the Consent Agenda as read minus items F, G, H, J and L.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierenga, Carter,
           and Davis
            Nays: None
MOTION PASSES
2007-54 ITEMS REMOVED FROM THE CONSENT AGENDA:
      F. Approval of the Use & Maintenance of City Owned Property at 1441
         Hoyt & 360 E. Isabella by the Healthy Neighborhoods Project.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the use and maintenance of the City
owned property localed at 1441 Hoyt Street and 360 E. Isabella for a community
garden. The properties are buildable and the City would retain the right to sell
the properties with the Healthy Neighborhoods Project having time to remove
the garden prior to any sales. The Healthy Neighborhood Project has proposed
a garden with flowers at both locations. The neighborhood residents will be
involved in the garden and the maintenance. All gardening tools will be stored
off site. There will be no permanent structures on the site. The Healthy
Neighborhoods Project has committed to maintaining the gardens.
FINANCIAL IMPACT: None. By having the maintenance agreement with the
Healthy Neighborhoods Project, the City would not need to maintain the
properties while the gardens are localed on the properties.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and maintenance agreement.
Motion by Commissioner Shepherd, second by Commissioner Spataro to
approve the use and maintenance agreement for the City-owned property
located at 1441 Hoyt Street and 360 E. Isabella by the Healthy Neighborhoods
Project.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
            Wierengo
            Nays: None
MOTION PASSES
      G. lnteragency Agreement with Muskegon County Community Mental
         Health. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting permission to
enter into an agreement with Muskegon County Community Mental Health for
purposes of participating in a Jail Diversion/Mental Health Intervention program.
All law enforcement agencies within Muskegon County have been asked to
participate in this program.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the agreement.
Motion by Commissioner Carter, second by Commissioner Davis to approve the
interagency agreement with Muskegon County Community Mental Health.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, and Shepherd
            Nays: None
            Abstain: Spataro
MOTION PASSES
      H. Approval of 2007 & 2008 Contract with Norton Shores for the
         Administration of their Community Development Block Grant Program.
         COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To direct the Mayor and City Clerk to sign the
agreement between the City of Muskegon and the City of Norton Shores. In
reference to the City of Muskegon's Community and Neighborhood Services
office administrating the Norton Shores CDBG program for the 2007-2008 fiscal
year.
The total amount that the City of Muskegon will receive for administrating the
program is $22,500 (twenty-two thousand five hundred.)
FINANCIAL IMPACT: Funding will be added to the City's Administration funds.
BUDGET ACTION REQUIRED: None needed.
STAFF RECOMMENDATION:          To direct the Mayor and City Clerk to sign the
agreement.
Motion by Commissioner Carter, second by Vice Mayor Gawron to approve the
2007 & 2008 contract with Norton Shores for the administration of their
Community Development Block Grant Program.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
           and Gawron
             Nays: None
MOTION PASSES
      J. City - MDOT Agreement for the Reconstruction of McGraft Park Road,
         Glenside to Addison. ENGINEERING
SUMMARY OF REQUEST:            To approve the contract with MOOT for the
reconstruction of McGraft Park Road from Glenside to Addison and to approve
the resolution authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: MDOT's participation is limited to the federal funds of
$197,558 and $49,390 of state funds (Local Jobs Today Grant) for a total grant of
$246,948. The estimated total construction cost, without engineering, is $286, l 00.
The engineering cost is estimated at an additional 15% of the construction cost.
BUDGET ACTION REQUIRED: None at this time. The City's share of the cost will
come out of the Major Street fund as will appear in the 2008 budget.
STAFF RECOMMENDATOIN: Approve the contract and resolution and authorize
the Mayor and Clerk to sign both.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
City - MDOT agreement for the reconstruction of McGraft Park Road, Glenside to
Addison.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Carter
            Nays: None
MOTION PASSES
      L. Request for Encroachment Agreement for Lighted Sign on Pine Street.
         ENGINEERING
SUMMARY OF REQUEST: Bakker Auto Trim at 90 Hartford Ave. has submitted an
encroachment agreement form requesting your permission to install a lighted
sign on their building which will encroach over the sidewalk on Pine St. for
approximately 18".
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the encroachment agreement.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
encroachment agreement for a lighted sign on Pine Street for Bakker Auto Trim.
ROLL VOTE: Ayes:    Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
            Warmington
            Nays: None
MOTION PASSES
2007-55 NEW BUSINESS:
      A. Jurisdictional Transfer with Michigan Department of Transportation.
         CITY MANAGER
SUMMARY OF REQUEST: To approve the Memorandum of Understanding (MOU)
with the Michigan Department of Transportation (MOOT) for the jurisdictional
transfer of the current US 31 Business Route (Muskegon and Webster Avenues) to
the City and transfer Shoreline Drive to MDOT, and authorize the Mayor to sign
the MOU. When this transfer transaction is complete, it will enable Shoreline
Drive to become the business route and will return Muskegon and Webster
Avenues to residential streets.
FINANCIAL IMPACT: Remaining Build Michigan Ill grant funds will be available to
the City to fund eligible street work.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the MOU and the resolution authorizing
the Mayor to sign the MOU.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the jurisdictional transfer with the Michigan Department of Transportation.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
           Shepherd
            Nays: None
MOTION PASSES
      B. Engineering Agreement for Engineering Services with Wade Trim.
         ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an engineering services
agreement with Wade Trim Inc. out of Grand Rapids to provide design, plans,
specifications and bidding documents for the Muskegon & Webster conversion
into two way streets. The scope of services consists of new traffic signals at 7 th
Street as well as signal modifications at Terrace Street for a total fee of $18,600.
Wade Trim is being recommended for four main reasons:
   A- We already have a contract with them for two other projects, signal
      installation at Harvey and Marquette and traffic signals modifications
      along Laketon Ave. Corridor on with they have done an excellent job
      thus far.
   B~ Wade Trim is the engineer that assembled the conceptual plans of the
       conversion and provided recommendations which have been reviewed
       by the downtown group and the state.
   C- The proposed fee of $18,600 is very reasonable.
   D- Deadline to meet the community's desire to convert Muskegon & Webster
      into two way streets shortly after Labor Day of this year makes it difficult to
      solicit and review other proposals at this time.
FINANCIAL IMPACT:       The engineering fee of $18,600 for the design and
specifications plus construction engineering at an additional 15%.
BUDGET ACTION REQUIRED: None, the cost is budgeted for.
STAFF RECOMMENDATION:         Authorize staff to enter into an agreement with
Wade Trim Inc.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to authorize
staff to enter into an engineering services agreement with Wade Trim Inc. for the
Muskegon and Webster conversion into two way streets.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
           and Davis
            Nays: None
MOTION PASSES
      C. Liquor License Transfer - D & L of Michigan, LLC, 435-441 W. Western
         Avenue. CITY MANAGER
SUMMARY OF REQUEST:            Recommend approval to the Liquor Control
Commission of a request from D & L of Michigan, LLC, to transfer ownership of
the 2006 Class C Licensed Business with Dance Permit, located in escrow at 3621
Getty, Norton Shores, Ml 49444, from North-Saylor, Inc.; transfer location to 435-
441 W. Western Avenue, Muskegon, Ml 49440, Muskegon County; cancel existing
Outdoor Service ( 1 area); requests a new SDM License to be held in conjunction;
and requests a New Entertainment Permit and New Outdoor Service (1 area).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve, final inspections are complete.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the liquor license transfer for D & L of Michigan, LLC, at 435-441 W, Western
Avenue.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
           Wierengo
            Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Davis commented on the Farmer's Market.
Commissioner Spataro commended the Mayor, City Manager, City Attorney,
and Public Safety Director on the handling of the Sieradzki house situation.
Commissioner Shepherd commented on the Taste of Muskegon event.
Commissioner Wierengo recommended a member of staff attend the Lead
Conference.
PUBLIC PARTICIPATION:    comments were heard reference safety at Pere
Marquette and the demolition of the Sieradzki house.
ADJOURNMENT: The City Commission Meeting adjourned at 7:13 p.m.


                                         Respectfully submitted,




                                         Ann Marie Becker, MMC
                                         City Clerk
Date:      June 26, 2007
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Becker, City Clerk
RE:        Fireworks Display
           Muskegon Summer Celebration




SUMMARY OF REQUEST:              Summit Pyrotechnics is requesting
                                                 th         th
approval of a fireworks display permit for July 4 and July 8 at the
Muskegon Summer Celebration. Fire Marshall Metcalf has reviewed the
request and recommends approval contingent on inspection of the
fireworks.


FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks and approval of the insurance.
                                                                      2007-53(b)
                                                                 PERMIT
                                             FOR FIREWORKS DISPLAY
                                                 Act 358, P.A. 1968
                    This permit is not transferable. Possession of this permit by the herein named person will
                  authorize him to poss~, transport and cwplay firewodc.1 in the amounts, for the purpose, and
                                                   at the place listed below only.        ·


         TYPE OF DISPLAY:                    ( }O      PUBLIC DISPLAY                                 ( ) AGRICULTURAL PEST CONTROL


       ISSUED TO:      Summit Pyrotechnics
       NAME            Steve Franklin
       ADDllESS                                                                         AGE
                        3500    s.     Getty, Muskegon, MI

       REPRESENTING ·
       NA.'v!E OF ORGANIZATION, GROUP, FIR.'.f OR CORPORATION
                       Muskegon Summer Celebration
       ADDRESS
                       587     w.    Western Ave., Muskegon, MI


       NUMBER & TYPES OF FIREWORKS:
···'
         20 -     12", 20 -          10", 80 - 8 11               ,    400 - 6 11           ,     400 - 5", 600 - 4",
         and 1200 - 3"


       DISPLAY:               Barge - Muskegon Lake
       EXACT LOCATION
                               1000 feet north of Heritage Landing
       CITY, VILLAGE, TOWNSHIP                    DATE July 4 & 8,. 2007 ·TIME
       City of Muskegon-                     Rain Date July 5 & 9, 2007        ·1 o : 2 0 p. m.

       BOND OR INSURANCE FILED:                         (>() YES ·               () NO                                         AMOUNT          I~ 0001 ooo

       ISSUED BY·
                                    Issued by action of the ~CTJSKEGON CITY COMMISSION
                                                                                     (-,,,ii, a,mmiuiol\ bolldl
                                    of the    CITY                              of         MUSKEGON
                                                    (c,ry, ..11,,c. ">WNllip)                   (l\lffll o(oiry, vill11c. iownahop)




                                                                                                                                      rmington, Mayor
                                                                                            (11911ruft A potillon or council, c:ommiltion or boud ,c-preu11utivc)
                                                                                                                                                        f4'
                                                                                                                                                       I
  FM- ~2( 12- 68)
                                                                                 APPLICATION
                                                                   FOR FIREWORKS DISPLAY PERMIT
                                                                          Act 358, P.A. 1968
                                                                                                                                                 I   DATE OF APPLICATION

                                                                                                                                                     &-1 '/-07

                                                             ~                                                          D
1. TYPE OF DISPLAY:                                                Public D is play                                                  Agricultural Pest Control


2, APPLICANT


                          t-- /!) ./ ,,o+,:;,,, i , ,u, c. s·
 ~:AME OF PERSON                                                           ADDRESS                                                                             AGE: Must be 21 or over

   : 1 ll"\'\ I')'\ :                                                            i .~-oo            s;;.
                                                                                                    -
                                                                                                           A
                                                                                                                    ~ ' '"-'°           \~ /4-c_ t-l. . . 1
  IF A CORPORATION : Nime of President                                     ADDRESS                                                                         I


3, PYROTECHNIC OPERATOR
                                                                                                                                                               AGE : Must be 21 or over

                                                                                                               h'i tt \/
  NAME                                                                      ADDRESS

  S--/r:..,.J t7.              --
                               / -, I\/,   IV    k. I I JV
                                                         I
                                                                                 -~ s·-oo c;'
  EXPERIENCE:                                                                                                                   I
  NUMBER OF YEARS                          I   N UMBER   OF DISPLAYS        WHERE

     ,✓ (__)
     ~
               Ll
               •J
                       .p /.J , "   '            is·ou-t                      ,~2         St<-1 t-'e s·

  NAMES OF ASSISTANTS:
  NAME                                                                      ADDRESS                                                                            AGE


  NAME                                                                      ADDRESS                                                                            AGE




4. NON -RESIDENT APPLICANT
  NAME                                                                      ADDRESS


  Name o f Mic higan Attorney or Resident Agent                             ADDRESS                                                                            TELEPH ONE NUMBER



5, EXACT LOCATION OF PROPOSED DISPLAY


    {3 Ct i"'C; €.- - n1 ~'-4-A ,\· kJL¾
                                                            A
                                           Ann Marie Becker, MMC, City Clerk
           Commission Meeting Date: June 26, 2007 - Zoning Ordinance Amendment - Section 300, Article !II



                                                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
26th day of June, 2007, at which meeting a quorum was present and remained throughout, and that the
miginal 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 Act No,
267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have
been made available as required thereby.

DATED:        June 26                 , 2007.
                                                     Ann Marie Becker, 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 June 26, 2007, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 300 (Districts), Atiicle III, (Zoning Districts and Maps) to remove the
reference to the Hetitage District.
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     Ju/y           fl ,2007.                CITY OF MUSKEGON

                                                      By _ __ _ __ _ _ __ _ __
                                                           Ann Marie Becker, MMC
                                                           City Clerk



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

Account No. 101-80400-5354




                                                                                                     7
                    Commission Meeting Date: June 26, 2007




Date:          June 15, 2007
To:            Honorable Mayor and City Commissioners
From:          Planning & Economic Development                (')!bl--
RE:            Amendment to the Zoning Ordinance - Remove H, Heritage
               District Reference from Table I


SUMMARY OF REQUEST:

Request to amend Table I (Heights, Areas, and Yards) and Table Notes, #6 of the zoning
ordinance to remove the reference to the Heritage zone.


FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends amendment of the Zoning Ordinance to remove the reference to the Heritage
zone from Table I and Table Notes, #6.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the request at their 6/14 meeting. The
vote was unanimous.
                                    Staff Report (EXCERPT)
                                      CITY OF MUSKEGON
                                    PLANNING COMMISSION
                                      REGULAR MEETING

                                            June 14, 2007




Hearing; Case 2007-24: Staff initiated request to amend Table I, (Heights, Areas, and Yards),
Table Notes, #6 of the zoning ordinance to remove the reference to the H zone.

BACKGROUND

Since the H, Heritage District has been eliminated from the Zoning Ordinance, Table I and it's "Table
Notes" need to be amended to remove any reference to it.

NEW LANGUAGE
Deletions are erossed out and additions are in bold:


6.     ***** Minimwn front setbacks for new principal structures in the R-l, RT, and B-3, and H
       zones, fronting on minor streets, may align with existing principal structures in the immediate
       area, even if the front setback is below the minimum required.




                                                                                             2
      TABLE I: HEIGHTS, AREAS, AND YARDS

 Zoning District                                      B-1               B-3                      B-5                                            WI-PLID
                                                                       ******
\{~t'_~~~{;f;' ,//1J:tf;\'
 Minimum (sq. ft.)




     Buildings:
                                                                                                                                                 75%
     Pavement:
                                                                                                                   25%             \~            25%
 Lot Width
                                                                                                                  150 ft.     ·.~i.,             150 ft.
 Maximum building
 width
 Width to depth ratio
                                                                                                                   50%             -..-
                                                                                                                                      ..

                                                                                                                               'ii                 1:3



     Minimum:


                                                                                                                                                    3
     Maximum:
                                                                                                                                                 slori-:s

\~iJii~_#1!'J~e~'.;1,1
 Front:
 Expressway & Arterial
 Front: Major/ Collector
                                                                                                                   20 ft.      !Q,!'l;"          20 ft.
     Front: Minor*****                                                                                                       . ;¥Qt!, .
                                                                                                                   10 ft.                        IO ti:.
     Rear:*
                                                                                                                   IO ft.          10:t.: :      IO ft.
     From ordinary high
     Water mark or
     Wetland****
                                                                                                                   75 ft.          ~.            75 ft.

     Side:*
        I-story (least/total)                                                                                                      __;;·,
                                                                                                                  8/20 ft.                  ,
                                                                                                                                                I 0/20 ft
                                                                                                                              .•
        2-story (!east/total)
                                                                                                                  10/14ft.    ·-                15/25 ft
        3-slory (!east/total)                                                                                                                   --
                                                                                                                                                20/30 ft


        4 or morn stories
        (least/total)



    front Expressway
 Arterial and Major
    From: Collector                                                    40 ft.   I •4o:l(, I     40 ft.
    Front: Minor                                     30 ft.   .30 It   30 fl.      3J)ft.( .I   30 ft.
     ***************See table preamble and notes**************                            ---- = Not applicable
DELIBERATION

I move that the amendment to Table I (Heights, Areas, and Yards), and Table I Notes, #6, of the City
of Muskegon Zoning Ordinance to remove references to the H zoning district, be recommended to the
City Commission for (approval/denial).




                                                                                                  4
                                 CITY OF MUSKEGON

                         MUSKEGON COUNTY, MICHIGAN

                                 ORDINANCE NO. 2 2 2 B

An ordinance to amend Table I and Table Notes, #6, to remove the reference to the
Heritage zone,

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

Table I and Table Notes, #6 are amended to remove the reference to the Heritage District, as
follows:

6.      ***** Minimum front setbacks for new principal structures in the R-1, RT, and B-3
        zones, fronting on minor streets, may align with existing principal structures in the
        immediate area, even if the front setback is below the minimum required.



This ordinance adopted:

Ayes: Gawron, Shepherd, Spataro, Warmington, Wierenga,
       Carter, and Davis
Nayes: None

AdoptionDate:            June 26, 2007

Effective Date: _ _ _J"-u=l~y_;l--'4~,__,2""0""0~7'----------

First Reading: _ _ _....,Jc..cuccn_e_2=-6-'-'-,-=-2---0__0_7_ _ _ _ _ _ _ __

Second Reading: _ __,N.,_,/--'A"----------------

                                                   CITY OF MUSKEGON
       Commission Meeting Date: June 26, 2007 - Zoning Ordinance Amendment- Table I and Table Notes, #6



                                              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
26 th day of June, 2007, 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 Act No.
267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have
been made available as required thereby.

DATED: ~-J~u=n=e~~2~6___, 2007.
                                                  Ann Marie Becker, MMC
                                                  Clerk, City of Muskegon



Publish:        Notice of Adoption to be published once within ten (I 0) days of final adoption.
                                    CITY OF MUSKEGON
                                    NOTICE OF ADOPTION

Please take notice that on June 26, 2007, the City Commission of the City of Muskegon adopted an
ordinance to amend Table I and Table Notes, #6 to remove the reference to the Heritage zone.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Te1rnce Street, Muskegon, Michigan, during regular business hours.

       This ordinance amendment is effective ten days from the date of this publication.

Published - -July                                     CITY OF MUSKEGON
             - ~ 4- - - -, 2007.
                                                      By _ _ _ _ _ _ _ _ _ _ _ __
                                                           Ann Marie Becker, MMC
                                                           City Clerk

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

Account No. 101-80400-5354
Date:         June 26, 2007
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           City - MDOT Agreement for:
              Federal money loan to reconstruct
              McGraft Park Road, Glenside to Addison


SUMMARY OF REQUEST:
To approve the attached contract with MOOT for the reconstruction of McGraft Park
Road from Glenside to Addison and to approve the attached resolution authorizing
the Mayor and City Clerk to sign the contract for the federal funds loan from the state.

The advantage on this project is that this whole agreement is merely a paper work
matter since the city could not have spent any construction money against the federal
funds to accrue any interest until those funds become available.

FINANCIAL IMPACT:
None

BUDGET ACTION REQUIRED:
None at this time. The City's share of the cost will come out of the Major Street
and water funds as will be shown in the 2008 budget.

STAFF RECOMMENDATION:
Approve the attached contract and resolution and authorize the mayor & clerk to sign
both.

COMMITTEE RECOMMENDATION:
                                   RESOLUTION #2007-53(i)


RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE
RECONSTRUCTION OF McGRAFT PARK ROAD FROM GLENSIDE TO ADDISON TOGETHER
WITH OTHER NECESSARY RELATED WORK AND AUTHORIZATION FOR THE MAYOR
STEPHEN J. WARMINGTON AND CITY CLERK ANN MARIE BECKER TO EXECUTE SAID
CONTRACT

Moved by Commissioner Carter and supported by Commissioner Shepherd that the following
Resolution be adopted:

WHEREAS, entry by the City of Muskegon into Contract no. 07-7303 between the Michigan
Department of Transportation and the City of Muskegon for the reconstruction of McGraft Park Road
within the City is in the best interests of the City of Muskegon.

RESOLVED, that entry by the City into Contract Agreement Number 07-7303 be and the same is
hereby authorized and approved and the Mayor and Clerk are authorized to execute said contract for
and on behalf of the City of Muskegon.



Adopted this 26th day of June, 2007.




                                                 s                  ton,   1   a or




                                                 Ann Marie Becker, City Clerk




                                        CERTIFICATION

This resolution was adopted at a meeting of the City Commission, held on June 26, 2007. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.


                                                     (CITY OF MUSKEGON
                                                     \
                                                     \ ~ 1)" ":'(,11 \:: i .) ~/L( _A
                                                 By,.,~,\,">  "\\              . C?,   l/
                                                          Ann Marie Becker, City Clerk
                                                          STATE OF MICIIIGAN
JENNIFER M. GRANHOLM                       DEPARTMENT OF TRANSPORTATION                                              KIRK T. STEUDLE
         GOVERNOR                                                                                                       DIRECTOR
                                                               LANSING


                                                             June 4, 2007

            Ms. Anne M. Becker
            Clerk
            City of Muskegon
            933 Terrace Street, P.O. Box 536
            Muskegon,MI 49443-0536                                                                      RECEIVED
                                                                                                  CITY OF MUSKEGON
             Dear Ms. Becker:
                                                                                                       JUN 12 2007
             RE:      MDOT Contract No.: 07-7303                                               ENGINEERING DEPARTMENT
                      Control Section:   STUL 61407
                      Job Number:        84370

             Enclosed is the original and one copy of the above described contract between your organization
             and the Michigan Department of Transportation (MDOT). Please take time to read and
             understand this contract. If this contract meets with your approval, please complete the
             following checklist:

                 PLEASE DO NOT DATE THE CONTRACTS. MDOT will date the contracts when they
             are executed. A contract is not executed unless it has been signed by both parties.

            _      Secure the necessary signatures on all contracts.

                 Include a certified resolution. The resolution should specifically name the officials who are
             authorized to sign the contracts.

            _ Return all copies of the contracts to my attention of the Department's Design Division,
            2 nd floor for MDOT execution.

             In order to ensure that the work and payment for this project is not delayed, the agreement
             needs to be returned within 35 days from the date of this letter.

             A copy of the executed contract will be forwarded to you. If you have any questions, please feel
             free to contact me at (517) 335-2264.


                                                                t~l~e~ ~(/~
                                                                JaJkfe~Burch
                                                                Contract Processing Specialist
                                                                Design Support Area
             Enclosure



                                 MURRAY D. VAN WAGONER BUILDING• P.O. BOX 30050 • LANSING, MICH!GAN 48909
                                                    www.michigan.gov • (517) 373-2090
LH·LAN·0 (01103)
                                                                           CAB
                                                            Control Section: STUL 61407
                                                            Job No.:          84370
                                                            Project:          STP 0761(018)
                                                            Federal Item No.: RR 5750
                                                            CFDA No.:         20.205 (Highway
                                                                              Research Planning
                                                                              & Construction)
                                                            Contract No.:     07-7303



                  MICHIGAN DEPARTMENT OF TRANSPORTATION

                                   CITY OF MUSK.EGON

                             LOCAL JOBS TODAY PROGRAM

                                     LOAN CONTRACT



THIS LOAN CONTRACT, hereinafter referred to as the "CONTRACT," is made and entered
into this date of      AUG O8 2007           by and between the Michigan Department of
Transportation, of 425 West Ottawa Street, P.O. Box 30050, Lansing, MI 48909, hereinafter
referred to as the "DEPARTMENT," and the CITY OF MUSKEGON, MICHIGAN, of 933
Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536, hereinafter referred to as the
"RECIPIENT."


WITNESSETH:

WHEREAS, Act 51, Public Acts of 1951, as amended, authorizes the DEPARTMENT to enter
into contracts with boards of county road commissioners, incorporated cities, and villages for the
loaning of funds for the purpose of constructing transportation infrastructure improvements, as
described in the second paragraph of Article IX, Section 9, of the Michigan Constitution of 1963,
as amended;

NOW, THEREFORE, the parties agree to the following:

Section 1.     PURPOSE

       The purpose of this CONTRACT is to assist the RECIPIENT in financing transportation
       infrastructure improvements, as described in the second paragraph of Article IX, Section
       9, of the Michigan Constitution of 1963, as amended, through the project described
       below, hereinafter referred to as the "PROJECT." Such assistance will be provided by
       the DEPARTMENT in the form of a loan. Funds will be used for pre-approved purposes
       only. The DEPARTMENT has the discretion and the authority to recall, freeze, or limit
       disbursement of any funds or a portion thereof if the purpose or manner of expenditure by

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        the RECIPIENT is inconsistent with this CONTRACT and/or with federal or state laws,
        regulations, rules, or policies.

        Reconstruction work along McGraft Park Road from Glenside Boulevard to Addison
        Street; including pavement removal, concrete sidewalk, sidewalk ramps, aggregate base,
        hot mix asphalt paving, and pavement marking work; and all together with necessary
        related work.

 Section 2.    CONTRACT TERM

        This CONTRACT will be in effect from the date of award through September 30, 2009.

Section 3.     PROJECT FUNDING, BILLINGS, AND PAYMENTS

       The DEPARTMENT will loan the RECIPIENT $197,558. The RECIPIENT will pay
       interest at the rate of 4 percent annually. The loan funds will be used only for the
       PROJECT. The DEPARTMENT will retain the loan funds and make payments to
       PROJECT contractors and subcontractors on the RECIPIENT's behalf. The RECIPIENT
       directs the DEPARTMENT to convert federal advanced construction funds as soon as
       they become available. The assessment of interest will begin when the DEPARTMENT
       expends loan funds on the RECIPIENT's behalf. It is understood that the loan funds
       provided under this CONTRACT will not be sufficient to pay all PROJECT costs.

       The loan under this CONTRACT is subject to the RECIPIENT's repayment in the
       following manner: federal aid reimbursement applicable to the PROJECT will be used to
       pay principal on the loan, and the DEPARTMENT will invoice the RECIPIENT annually
       for the actual amount of interest. The invoiced amounts will be due and payable within
       thirty days. Final payment of all principal and interest on the loan must be made on or
       before September 30, 2009.

       If the RECIPIENT fails to make any of its required payments when they are due, the
       DEPARTMENT will immediately notify the RECIPIENT of such default and of the
       amount thereof, and if such default is not corrected by payment within ten ( I 0) days, the
       DEPARTMENT is then authorized and directed to withhold from the first of such monies
       thereafter allocated by law to the RECIPIENT from the Michigan Transportation Fund,
       but only after sufficient money has been returned to the county road commission, city, or
       village to provide for the payment of contractual obligations incun-ed or to be incurred
       and principal and interest on notes or bonds issued or to be issued under 1941 PA 205,
       1943 PA 143, 1952 PA 175, or Section 18c or 18d of 1951 PA 51, sufficient monies to
       remove the default and to credit the RECIPIENT with payment thereof and to notify the
       RECIPIENT in writing of such fact.

       The RECIPIENT agrees that the costs reported to the DEPARTMENT for this
       CONTRACT will represent only those items that are properly chargeable in accordance
       with this CONTRACT. The RECIPIENT also certifies that it has read the CONTRACT
       terms and has made itself aware of the applicable laws, regulations, and terms of this
       CONTRACT that apply to the reporting of costs incun-ed under the terms of this
       CONTRACT.


5/22/2007                                      2                       Loca!JobsTodayLoan vlw
 Section 4.    ADMINISTRATION

        The DEPARTMENT will administer all phases of the PROJECT on behalf of the
        RECIPIENT, including advertising and awarding the construction contract for the
        PROJECT or portions of the PROJECT, in accordance with the Local Agency Cost
        Participation Contract, as described in Section 9.

        Any change in the scope or character of the PROJECT or in the cost, term, or other
        provision of the CONTRACT will be by a prior written amendment to this CONTRACT
        awarded by the parties.

       In case of any discrepancies between the body of this CONTRACT and any exhibits
       hereto, the body of the CONTRACT will govern. The headings used in this
       CONTRACT are for convenience and identification purposes only and do not form a
       binding part of this CONTRACT.

Section 5.    COMPLIANCE ACTIVITIES

       The RECIPIENT will, in the performance of this CONTRACT, comply with and require
       its contractors and subcontractors to comply with all applicable federal, state, and local
       statutes, ordinances, and regulations and will obtain or have its contractors and
       subcontractors obtain all permits that are applicable to the entry into and performance of
       this CONTRACT.

       The RECIPIENT will secure any agreements or approvals from railroad companies,
       utility companies, governmental agencies, or private parties required for construction of
       the PROJECT.

       This CONTRACT will be interpreted, construed, and enforced in accordance with the
       laws of the State of Michigan.

       By signing this CONTRACT, the RECIPIENT certifies that it has obtained or will obtain
       all necessary environmental protection permits and clearances prior to the beginning of
       the construction of the PROJECT.

Section 6.    BREACH AND TERMINATION

       In the event that any of the following occur, the DEPARTMENT may consider the
       RECIPIENT to be in default with respect to this CONTRACT:

       a.     The RECIPIENT misrepresents any documentation or information provided to the
              DEPARTMENT to secure loan financing.

       b.     The RECIPIENT fails to make a payment of any installment of interest under this
              CONTRACT or fails to make a due payment of any other debt or obligation now
              or later owed by RECIPIENT to the DEPARTMENT.

       c.     The RECIPIENT defaults in the performance of any other obligation to the
              DEPARTMENT under this CONTRACT.

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        d.     The RECIPIENT becomes insolvent or makes an assignment for the benefit of
               creditors.

        e.     Any guarantee or pledge made by the RECIPIENT that now or later secures
               payment for any or all indebtedness arising from this CONTRACT becomes
               terminated or limited for any reason (except as otherwise set forth herein or in
               1951 PA 51) without the prior written consent or agreement of the
               DEPARTMENT.

        f.     At any time the DEPARTMENT, acting in good faith, has cause to believe that
               the prospect of payment or performance under this CONTRACT is impaired.

       In the event that the RECIPIENT fails to comply with the provisions of this
       CONTRACT, including the default provisions herein, and such noncompliance by the
       RECIPIENT continues for a period of ten (I 0) days after written notification of such
       noncompliance without an effort by the RECIPIENT to begin to diligently pursue
       remedies for such noncompliance, the DEPARTMENT will have the right, at its option
       and notwithstanding any waiver by the DEPARTMENT or any prior noncompliance, to
       demand the immediate return of the full outstanding balance of the loan financing and to
       terminate this CONTRACT.

       The exercise of such right by the DEPARTMENT will not impair any other rights of the
       DEPARTMENT under this CONTRACT or any rights of action against the RECIPIENT
       for the collection of remaining monies due the DEPARTMENT and/or the recovery of
       damages.

Section 7.    CONTRACTUAL OBLIGATIONS

       Both parties will make reasonable efforts to satisfy promptly their surviving obligations
       to each other necessary to complete their contractual relationships after expiration or
       termination of this CONTRACT. This provision is not intended to nor does it create or
       confer any rights upon any person or entity not a party to this CONTRACT.

Section 8.    PERFORMANCE RESPONSIBILITY

       Each party to this Contract will remain responsible for any claims arising out of that
       party's performance of this Contract, as provided by this Contract or by law.

       This Contract is not intended to increase or decrease either party's liability for or
       immunity from tort claims.

Section 9.    LOCAL AGENCY COST PARTICIPATION CONTRACT

       The DEPARTMENT and the RECIPIENT agree that, with respect to the PROJECT, the
       RECIPIENT will enter into a Local Agency Cost Participation Contract consisting of Part
       I and Part II (Standard Agreement Provisions) with the DEPARTMENT prior to the
       disbursement ofloan funds.




5/22/2007                                     4                      Loca!JobsTodayLoan vlw
 Section 10.    NOTICES

        All notices required hereunder will be in writing and will be deemed to have been duly
        given if personally delivered or sent by certified mail, return receipt requested, postage
        paid, or by telegram addressed as shown below, or by confirmed facsimile machine
        message, unless notified differently in writing by the other party.

        Ifto the DEPARTMENT:

               Michigan Department of Transportation
               Financial Operations Division
               425 West Ottawa Street
               P.O. Box 30050
               Lansing, MI 48909

       Ifto the RECIPIENT:

               City of Muskegon
               933 Terrace Street, P.O. Box 536
               Muskegon, MI 49443-0536


Section 11.    SEVERABILITY

       If any term, covenant, condition, or provision (or any part thereof) of this CONTRACT
       or the application thereof to any party or circumstance will at any time or to any extent be
       held to be invalid or unenforceable, the remainder of this CONTRACT or the application
       of such term or provision (or remainder thereof) to parties or circumstances other than
       those to which it is held to be invalid or unenforceable will not be affected thereby, and
       each term, covenant, condition, and provision of this CONTRACT will be valid and will
       be enforced to the fullest extent permitted by law.

Section 12.    ASSIGNMENT

       This CONTRACT may not be assigned without the express prior written approval of the
       non-assigning party, which approval will not be unreasonably withheld.

Section 13.    ACCESS AND AUDIT

       a.      The RECIPIENT will establish and maintain accurate records, in accordance with
               generally accepted accounting principals, of all expenses incurred for which
               payment is sought or made under this CONTRACT, said records to be hereinafter
               referred to as the "RECORDS." Separate accounts will be established and
               maintained for all costs incurred under this CONTRACT.

      b.       The RECIPIENT will maintain the RECORDS for at least three (3) years from the
               date of final payment made by the DEPARTMENT under this CONTRACT. In
               the event of a dispute with regard to the allowable expenses or any other issue

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             under this CONTRACT, the RECIPIENT will thereafter continue to maintain the
             RECORDS at least until that dispute has been finally decided and the time for all
             available challenges or appeals of that decision has expired.

       c.    The RECIPIENT will allow the DEPARTMENT or its representative to inspect,
             copy, or audit the RECORDS at any reasonable time after giving reasonable
             notice.

       d.    The RECIPIENT will comply with the Single Audit Act of 1984, as amended,
             including, but not limited to, the Single Audit Amendments of 1996 (31 U.S.C.
             7501-7507).

       e.   The RECIPIENT will comply with the requirements of the federal Office of
            Management and Budget (0MB) Circular A-133, as revised or amended.

            1.     Recipients expending a total of Five Hundred Thousand Dollars
                   ($500,000.00) or more in federal funds from one or more funding sources
                   in their fiscal year will submit two (2) copies to the address in part ii
                   below:

                   - The Reporting Package
                   - The Data Collection Form
                   - The audit firm management letter to the recipient, if issued.

                   The 0MB Circular A-133 audit must be submitted to the address below in
                   accordance with the time frame established in the circular, as revised or
                   amended.

            11.    Recipients expending less than Five Hundred Thousand Dollars
                   ($500,000.00) in federal funds must submit a letter to the DEPARTMENT
                   advising that an 0MB Circular A-133 audit was not required. The letter
                   will indicate the applicable fiscal year, the amount of federal funds spent,
                   and the name(s) of the DEPARTMENT federal programs.                    This
                   information must also be submitted to the address below.

                   Address:       Michigan Department of Transportation
                                  Financial Operations Division
                                  425 West Ottawa Street
                                  P. 0. Box 30050
                                  Lansing, MI 48909

            iii.   Recipients must also comply with applicable state laws and regulations
                   relative to audit requirements.

            1v.    Recipients will not charge audit costs to the DEPARTMENT's federal
                   programs that are not in accordance with the aforementioned 0MB
                   Circular A-133 requirements.




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               v.     All recipients are subject to the federally-required monitoring activities,
                      which may include limited scope reviews and other on-site monitoring.

       f.      If any part of the work is subcontracted, the RECIPIENT will assure compliance
               with subsections (a), (b), (c), (d), and (e) above for all subcontracted work.


Section 14.    PROHIBITION OF DISCRIMINATION

       a.     In connection with the perfonnance of the PROJECT under this CONTRACT, the
              RECIPIENT (hereinafter in Appendix A referred to as the "contractor") agrees to
              comply with the State of Michigan provisions for "Prohibition of Discrimination
              in State Contracts," as set forth in Appendix A, dated March 1998, attached hereto
              and made a part hereof. This provision will be included in all subcontracts relating
              to this CONTRACT.

       b.     During the performance of this CONTRACT, the RECIPIENT, for itself, its
              assignees, and its successors in interest (hereinafter in Appendix B referred to as
              the "contractor") agrees to comply with the Civil Rights Act of 1964, being P.L.
              88-352, 78 Stat. 241, as amended, being Title 42 U.S.C. Sections 1971, 1975a-
              1975d, and 2000a-2000h-6, and the Regulations of the Department of
              Transportation (49 CFR Part 21) issued pursuant to said Act, including Appendix
              B; dated June 2003, attached hereto and made a part hereof. This provision will be
              included in all subcontracts related to this CONTRACT.

Section 15.   ASSIGNMENT OF ANTITRUST RIGHTS

       With regard to claims based on goods or services that were used to meet the
       RECIPIENT's obligation to the DEPARTMENT under this CONTRACT, the
       RECIPIENT hereby irrevocably assigns its right to pursue any claims for relief or causes
       of action for damages sustained by the State of Michigan or the DEPARTMENT due to
       any violation of 15 USC, Sections 1 - 15, and/or 1984 PA 274, MCL 445.771 - .788,
       excluding Section 4a, to the State of Michigan or the DEPARTMENT.

      The RECIPIENT shall require any subcontractors to irrevocably assign their rights to
      pursue any claims for relief or causes of action for damages sustained by the State of
      Michigan or the DEPARTMENT with regard to claims based on goods or services that
      were used to meet the RECIPIENT's obligation to the DEPARTMENT under this
      CONTRACT due to any violation of 15 USC, Sections 1 - 15, and/or 1984 PA 274, MCL
      445.771 - .788, excluding Section 4a, to the State of Michigan or the DEPARTMENT as
      a third-party beneficiary.

      The RECIPIENT shall notify the DEPARTMENT if it becomes aware that an antitrust
      violation with regard to claims based on goods or services that were used to meet the
      RECIPIENT's obligation to the DEPARTMENT under this CONTRACT may have
      occurred or is threatened to occur.        The RECIPIENT shall also notify the
      DEPARTMENT if it becomes aware of any person's intent to commence, or of
      commencement of, an antitrust action with regard to claims based on goods or services


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        that were used to meet the RECIPIENT's obligation to the DEPARTMENT under this
        CONTRACT.

 Section 16.   AWARD CONTINGENCY

        Award of this CONTRACT will be contingent upon the RECIPIENT providing the
        DEPARTMENT with a duly adopted resolution authorizing a representative of the
        RECIPIENT to award this CONTRACT and undertake the PROJECT.

 Section 17.   FEDERAL TAX CODE

        The RECIPIENT is a political subdivision of the State of Michigan that qualifies as a
        "government unit" within the meaning of Sections 141(b)(6)(A) and 14l(c)(l) of the
        Internal Revenue Code of 1986, as amended, hereinafter referred to as the "CODE."

       The RECIPIENT hereby covenants and agrees for the benefit of the DEPARTMENT that
       it will comply with the applicable requirements of Section 149 of the CODE.

       The RECIPIENT will not permit at any time or times any of the property financed with
       the proceeds of the loan funds that would result in the exclusion of any bonds of the
       DEPARTMENT from the treatment afforded by Section 103(a) of the CODE, as from
       time to time amended, by reason of the classification of such bonds as "private activity
       bonds" within the meaning of Section 141(a) of the CODE, or as obligations guaranteed
       by the United States of America, as provided in Section 149(b) of the CODE, or cause
       interest on the bonds to be includable in gross income for federal income tax purposes.




5/22/2007                                     8                     LocalJobsTodayLoan vlw
 Section 18.   AWARD

        This CONTRACT will become binding on the parties and of full force and effect upon
        signing by the duly authorized representatives of the RECIPIENT and the
        DEPARTMENT and upon adoption of a resolution approving said CONTRACT and
        approving the signature(s) thereto of the respective representative(s) of the RECIPIENT,
        a certified copy of which resolution will be sent to the DEPARTMENT with this
        CONTRACT, as applicable.


IN WITNESS WHEREOF, the parties have caused this CONTRACT to be awarded.


CITY OF MUSKEGON




MICHIGAN DEPARTMENT OF TRANSPORTATION




5/22/2007                                     9                      LocalJobsTodayLoan vlw
                                                     APPENDIX A
                                  PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS

     In connection wilb the performance of work under this contract; the contractor agrees as follows:

     I.      In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to discriminate against an
             employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or
             as a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex,
             height, weight, or marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No.
             478, Public Acts of 1980 the contractor hereby agrees not to discriminate against an employee or applicant for
             employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or
             indirectly related to employment, because of a disability that is unrelated to the individual's ability to perform the
             duties of a particular job or position. A breach of the above covenants shall be regarded as a material breach of this
             contract.

 2.         The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in
            this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section 1 of this
            Appendix.

 3.         The contractor will take affirmative action to insure that applicants for employment and employees are treated
            without regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a disability that
            is unrelated to the individual's ability to perform the duties of a particular job or position. Such action shall include,
            but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or
            termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

4.          The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state
            that all qualified applicants will receive consideration for employment without regard to race, color, religion, national
            origin, age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the
            duties of a particular job or position.

5.          The contractor or his collective bargaining representative will send to each labor union or representative of workers
            with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said
            labor union or workers' representative of the contractor's commitments under this appendix.

6.          The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil
            Rights Commission which may be in effect prior to the taking of bids for any individual state project.

7.          The contractor will furnish and file compliance reports within such time and upon such forms as provided by the
            Michigan Civil Rights Commission, said forms may also elicit Information as to the practices, policies, program, and
            employment statistics of each subcontractor as well as the contractor himself, and said contractor will permit access to
            his books, records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes of
            investigation to ascertain compliance with this contract and relevant with rules, regulations, and orders of the
            Michigan Civil Rights Commission.

8.         In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has
           not complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its
           order based upon such findings, certify said findings to the Administrative Board of the State of Michigan, which
           Administrative Board may order the cancellation of the contract found to have been violated and/or declare the
           contractor ineligible for future contracts with the state and its political and civil subdivisions, departments, and
           officers, and including the governing boards of institutions of higher education, until the contractor complies with said
           order of the Civil Rights Commission. Notice of said declaration of future ineligibility may be given to any or all of
           the persons with whom the contractor is declared ineligible to contract as a contracting party in future contracts. In
           any case before the Civil Rights Commission in which cancellation of an existing contract is a possibility, the
           contracting agency shall be notified of such possible remedy and shall be given the option by the Civil Rights
           Commission to participate in such proceedings.

9.         The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (1) through (8) in
           every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights
           Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each
           subcontractor or seller.                                                                                  March, 1998
                                                                                                     (Rev. 03/92)

                                                  APPENDIXB

 During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
 (hereinafter referred to as the "contractor") agrees as follows:                              ·

 1.      Compliance with Regulations: The contractor shall comply with the Regulations relative to
         nondiscrimination in Federally assisted programs of the Department of Transportation, Title 49,
         Code of Federal Regulations, Part 27, as they may be amended from time to time (hereinafter
         referred to as the Regulations), which are herein incorporated by reference and made a part of this
         contract.

 2.      Nondiscrimination: The contractor, with regard to the work performed by it during the contract,
         shall not discriminate on the grounds of race, color, or natural origin in the selection and retention of
        subcontractors, including procurements of materials and leases of equipment. The contractor shall
        not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
        Regulations, including employment practices when the contract covers a program set forth in
        Appendix B of the Regulations.

3.      Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
        solicitations either by competitive bidding or negotiation made by the contractor for work to be
        performed under a subcontract, including procurements of materials or leases of equipment, each
        potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations
        under this contract and the Regulations relative to nondiscrimination on the grounds of race, color,
        or national origin.

4.      Information and Reports: The contractor shall provide all information and reports required by the
        Regulations, or directives issued pursuant thereto, and shall permit access to its books, records,
        accounts, other sources of information, and its facilities as may be determined by the Michigan
        Department of Transportation or the Federal Highway Administration to be pertinent to ascertain
        compliance with such Regulations or directives. Where any information required of a contractor is
        in the exclusive possession of another who fails or refuses to furnish this information, the contractor
        shall so certify to the Michigan Department of Transportation, or the Federal Highway
        Administration as appropriate, and shall set forth what efforts it has made to obtain the information.

5.      Sanctions for Noncompliance:         In the event of the contractor's noncompliance with the
        nondiscrimination provisions of this contract, the Michigan Department of Transportation shall
        impose such contract sanctions as it or the Federal Highway Administration may determine to be
        appropriate, including, but not limited to:

        (a)     Withholding of payments to the contractor under the contract until the contractor complies,
                and/or

        (b)     Cancellation, termination, or suspension of the contract, in whole or in part.

6.      Incorporation of Provisions: The contractor shall include the provisions of paragraphs 1 through 6
        of every subcontract, including procurements of materials and leases of equipment, unless exempt by
        the Regulations, or directives issued pursuant thereto. The contractor shall take such action with
        respect to any subcontract or procurement as the Michigan Department of Transportation or the
        Federal Highway Administration may direct as a means of enforcing such provisions including
        sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in,
        or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the
        contractor may request the Michigan Department of Transportation to enter into such litigation to
        protect the interests of the State, and, in addition, the contractor may request the United States to
        enter into such litigation to protect the interests of the United States.
Date:         June 26, 2007
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Request for Encroachment Agreement
              Cable Installation in Roberts St.




SUMMARY OF REQUEST:
West Shore Cardiology Consultants has submitted the attached encroachment agreement
form requesting your permission to install 66' of 2" PVC conduit (housing a 50x24 copper
cable and a 6 fiber cable) under Roberts St. 318' north of the centerline of Sherman Blvd. to
connect the communication line between the two buildings.

FINANCIAL IMPACT:
None



BUDGET ACTION REQUIRED:
None



STAFF RECOMMENDATION:
To approve the encroachment agreement with supplemental conditions and compliance
with required insurance coverage.



COMMITTEE RECOMMENDATION:
                                                                                                                                                                DATE (MM/0D/YYYYJ
     ACORQ., CERTIFICATE OF LIABILITY INSURANCE                                                                                      06/11/2007          I
PROOUCER            (616)866-4488                          FAX (616)866-2901            THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
 Morris, Schnoor & Gremel                                                               ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
                                                                                        HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
 65 S. Main                                                                             ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
 P. 0. Box 599
 Rockford, MI 49341                                                                   INSURERS AFFORDING COVERAGE                                                   NAIC#
INSURED WEST SHORE CARDIOLOGY CONSULTANTS                                             INSURER A    Netherlands                                                      24171
        1212 E SHERMAN                                                                INSURER B    Indiana                                                          22659
        MUSKEGON, MI 49444                                                            INSURER C    Peerless Insurance Company                                       24198
                                                                                      INSURER D

                                                                                      INSURER E:

COVERAGES
   THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
   ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
   MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
   POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
                                                                                   P.f>HSY EFFECTIVE   POLICY EXPIRATION
11N§~   ~R..12:            TYPE OF INSURANCE                     POLICY NUMBER                                                                        LIMITS

                                                                        BOP9885305 08/01/2006          08/01/2007          EACH OCCURRENCE                            1,000,000
                   GENERAL LIABILITY

                  "x                                                                                                       DAMAGE TO RENTED                     '       300,000
                        COMMERCIAL GENERAL LIABILITY

                                             0                                                                                                                  '         5,000
 A
                          1 CLAIMS MADE           OCCUR                                                                    MED EXP (Any one person)
                                                                                                                                                                '     1,000,000
                  f--
                                                                                                                           PERSONAL & ADV INJURY

                                                                                                                           GENERAL AGGREGATE                    '     2,000,000
                  ~
                                                                                                                                                                '
                  n
                  GEN'L AGGREGATE LIMIT APPLIES PER:

                        POLICY nPRO-
                                  JECT         n,ac
                                                                                                                           PRODUCTS - COMP/OP AGG
                                                                                                                                                                '     2,000,000

                  AUTOMOBILE LIABILITY                                                                                     COMBINED SINGLE LIMIT
                  ~                                                                                                                                             $
                                                                                                                           (Ea accident)
                        ANY AUTO
                  ~

                        ALL OWNED AUTOS                                                                                    BODILY INJURY
                  f--                                                                                                                                           $
                                                                                                                           (Per person)
                        SCHEDULED AUTOS
                  ~

                        HIRED AUTOS                                                                                        BODILY INJURY
                  ~-
                  ~
                        NON-OWNED AUTOS
                                                                                                                           (Per accident)
                                                                                                                                                                '
                                                                                                                           PROPERTY DAMAGE
                  ~
                                                                                                                           (Per accident)
                                                                                                                                                                '
                  R
                  GARAGE LIABILITY

                        ANY AUTO
                                                                                                                           AUTO ONLY • EA ACCIDENT

                                                                                                                           OTHER THAN
                                                                                                                           AUTO ONLY
                                                                                                                                                 EAACC

                                                                                                                                                     AGG
                                                                                                                                                                $


                                                                                                                                                                '
                                                                                                                                                                $



                  ~                  •
                   EXCESS/UMBRELLA LIABILITY

                        OCCUR                CLAIMS MADE
                                                                         CU9880406 08/01/2006          08/01/2007          EACH OCCURRENCE

                                                                                                                           AGGREGATE
                                                                                                                                                                $


                                                                                                                                                                '
                                                                                                                                                                      2,000,000
                                                                                                                                                                      2,000,000
 B
                  =i    OEDUCTIBLE
                                                                                                                                                                $


                                                                                                                                                                '
                        RETENTION

         WORKERS COMPENSATION AND
                                         $
                                                                         WC9887505 08/01/2006          08/01/2007             l ~~J!~1¥S I          IOJ!_-l·    '
         !:MPLOYERS' lli\BlllTY
                                                                                                                           El. Ef-,CH ACCIDENT                           ,00,000·
 C      ANY PROPRIETOR/PARTNER/EXECUTIVE
        OFFICER/MEMBER EXCLUDED?                                                                                           E.L. DISEASE - EA EMPLOYEE $
                                                                                                                                                                '        500,000
        II yes, describe under
                                                                                                                           El. DISEASE. POLICY LIMIT                     500,000
        SPECIAL PROVISIONS below
        OTHER
                                                                                                                                                                '

DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS                         MC:'    ·,.;_1v·t:u
                                                                                                                       CITY OF MUSKEGON
                                                                                                                   '
                                                                                                                            JUN 12 2007
                                                                                                                  ENGINEERING DEPARTMENT
CERTIFICATE HOLDER                                                                    CANCELLATION
                                                                                         SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

                                                                                         EXPIRATION DATE THEREOF, THE ISSUING INSURER Will ENDEAVOR TO MAIL
                  City of Muskegon                                                       ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
                  Engineering Deptartment
                                                                                         BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
                  Attn: Mohammed Al-Shatel
                                                                                         OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
                  933 Terrace Street
                                                                                      AUTHORIZED REPRESENTATIVE
                  Muskegon, MI 49440
                                                                                                                                     17km. . J ,;.,;;,,.&.L,.
                                                                                      Patricia Wittekind/PATW
ACORD 25 (2001/08)                                                                                                                        ©ACORD CORPORATION 1988
                                                                                                                                 2990
                                                                                          ,
                                                                                  COMMUNITY
                                                                                  Sl!OROyB~MX


            West Shore Cardiology CONSULTANTS
             1212 E. Sherman Boulevard, Muskegon, Michigan 49444                 74-1394/724                       6/20/2007

PAY
TO THE          City of Muskegon                                                                              $    **100.00
ORDER OF
    One Hundred and 00/100*** *** *** ********** **** ** ** **************** ***** ************** *** ****                    DOLLARS

             City of Muskegon
                                                                                                  VOID AFTER 90 DAYS
             P.O. Box 1825
             Troy, Ml 48099-1825

                                                                                                   AlJTHORIZED SIGNATURE
MEMO

                          11•00 299011•        ,:o 7 2i. i :191. 21: ioooo 2 :lBtitill'
West Shore Cardiology CONSULTANTS                                                                                                2990
           City of Muskegon                                                                     6/20/2007
                                                       Fee for meeting regarding encroachment                              100.00
                                                       Diagnostic Center




    Community Shores B                                                                                                     100.00
                                                                                                        F'.tJ2/D7




                                        CITY 01" MUSKEGON

                         ENCROACHMENT AGREEMENT AND PERMIT

        THIS AGREEMENT is made and entered into this         ...d..C.day of     , hll'J.c._ 20..2._'7_., by

and between the CITY OF MUSKEGON, a municipal corporation (hereina~er called CITY), and

 West Shore Cardiology Consultants (hereinafler called LlCEl':SEE).

                                               RECITALS

        I. LICENSEE proposes to install, repair or maintain improvements or facilities ("the

encroaclunent"), in or abutting" street, alley, sidewalk, park, terrace or other property controlled or

owned by the Ciry of Muskegon, the encroachment being described as

 Place a two inch I.D. PVC conduit under Roberts St. 318 feet

 north of the centerline of Sherman Blvd. with a 50x24 copper
 cable and a 6 fiber cable placed in the conduit.
     2. The City-owned or controlled property (herein "property") subject to the encroachment is

described as:

[please insert a general description, and if required by the CITY, an accurate legal description]

 Crossing the R/W of Roberts St. 318 feet north of the centerline

 of Sherman Blvd.

        3. The CITY is willing to grant such privilege upon the terms and conditions herein. This

agreement shall constitute a pirmit under section 18-19 of the Code of Ordinances, but shall apply to

any encroachment on public ways or property.

       THEREFORE,

        1.      CITY does hereby grant unto LICENSEE the privilege of _ _ _ constructing,

  -~ installing,--~- maintaining, _ _ _ repairing and perfom1ing all necessary functions

relating to the encroachment, and for that purpose to enter the property, for the tenn herein stated.
                                                  Ci TY    u=    1·1u:.vECOt·l Et iG It IEEP




 This privilege shall be effective upon the issuance of an encroach.rnent permit, which shall be issued

 only after approval of this agreement by the City Commission and delivery to the CITY of the required

 evidence of insurance coverages.
                                                   ,
             This grant is subject to the following special conditions:

-~1,..·.,,,·~~---~------------

             2.           That LJCENSEE shall pay to the CITY for the privilege hereby granted !he sum of

_____________ Dollars($ _____ , such payment to be made upon the signing

of this agreement to be dated as of the ___ day of _ _ _ _ _ _ _ _ 20__ , to the City

Treasurer of the City of Muskegon, and the privilege hereby granted shall continue for a period to

terminate the first day of May, 20                               unless sooner tem1inated as hereinafter provided.

             3. INDE!'v!NIFICAT!ON. The LICE:'ISEE shall indemnify and save ham1less said GRANTOR

of and from any liability for claims, damages, costs, expenses, or fees, including any attorney fees, or

fines or awm·ds brought ngainst or charged to the CITY by any person, firm or corporation on account

of or arising from the privilege hereby granted to LICENSEE or the activities of the LICENSEE

related to the encroachment or this privilege. This indemnification obligation shall include all liabilities

for envirnrunental damage or re:eases of hazardous substances subject to any goverrunental or third

party action. "Hazardous substance" is defined as any material constituting a prohibited or regulated

substance under governmental law, rule, statute or regulation in force at any time, including future

times.

             4. INSURANCE. LICENSEE shall at all times carry liability insurance in such amounts as are

satisfactory to CITY, and issued by companies acceptable to the CITY, licensed in the State of

Michigan, naming CITY OF MUSKEGON as an additional in,,ured on any such policy. LICENSEE

will file with


                                                                                       2
\'.M usXdat:a\Da111',E.:'>!"i:N 1::2 Rf:--:G 1 C0;>.•1 ~!ON'.PER.M!T FOR~S\Eilcro:ichr:icrll ,\~-te.!t1mt ,inJ Pcrn11: .doe
                                         CI T'{ OF r·1u·:::vECi01·l Et iCi I 1!Et:R




the CITY certificates or policies evidencing such insurance cov2rage. The insurance policies or

certificates shall provide that the CITY shall be given thirty days written notice before a cancellation or

change in coverage may occur. The types of coverage and coverage limits to be required shall be as

follows:
          rf /dd        () 0     () ()




           5.         BONDING. Before this agreement/pem1it becomes valid, LICENSEE shall file with the

CJTY a bond confomting with the requirements of any ordinance, and shall keep same in force during

the entire tem1 of this agreemrnt.

           6.         The privilege hereby granted may be canceled and revoked by the CITY at any time

upon giving said LICENSEE __ days of v.'Titten notice of such cancellation 2nd revocation.

           7.         LICENSEE may surrender up the privilege hereby granted at any time upon giving

notice in v.'Titing to the CITY _ _ _ days prior to such surrender; provided, however, that upon the

voluntary relinquishment or abandonment of this privilege, or upon cancellation or revocation thereof

by the CITY, the LICENSEE shall remove any structure(s) erected upon, within or overhanging the

area of encroachment and restore the property at LICENSEE'S expense and in a manner satisfactory to

the CITY and in default thereof shall be liable to the CITY for any cost, damage or expense the CITY

may sustain in such restoration.

           8.         That should said LICENSEE fail or refuse to confom1 to any of the conditions on its

part to be perfonned hereunder, the privikge hereby granted shall immediately tenminate and become

null and void.




                                                                           "
                                                                           ,)

\\J\.1u~'dnt..1\Dne-J\l:NGNE[iRNG\COMMO:-.IV'>ER,\.llT ro1Uv!S\Fnno:1C:hn~en1 Agreemer1t ::rnd Pc:nnii doc
            9.          This agreement sh2JI be binding upon the respective heirs, representatives, successors

and assigns of the parties hereto.




Witnesses:




                                                                                               Al1~~1)~l~c,,1                      i~ccf{__L ~
                                                                                               B () r4 (~).0 r·       1   1   ~,(~_(_dill. Clerk



                                                                                               LICENSEE:




                                                                                 4
\\M usktl~!:i\Dai.!!\E NG l}j EERrNG\COM MON\J'}E Ri'-1 IT FQR..\.!$\Enc: ro11c hrm:n t A grccrncnt wd Ptrr:111.doc
                          SUPPLEMENTAL CONDITIONS




1-   The grantee shall, within a reasonable time, be fully responsible for the maintenance
     of the cables/conduits and any removal or relocation that becomes necessary to
     facilitate other public improvements within the right of way.

2-   Grantee will be responsible for the maintenance and upkeep, for the duration of this
     agreement, a valid insurance coverage satisfactory to the City.

3-   If approved (by City Commission), a permit to work in the right of way must be
     obtained from the Engineering Department before any work begins.

4-   This system, if approved by commission, must be placed on the Miss Dig System as
     soon as installation is complete. Furthermore, this shall be the responsibility of the
     grantee.
                                                                                                                                                                                                      r ,,,.,    ,.,-'i!~
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                                                                                            ~N                         ----                    0       GVL/STN                0 S0U0R0CK                       APPROVED                 ,WP.
                                                                                                                                                                                                                                          SEC.                       T      R              J        a, /
               Commission Meeting Date: June 26, 2007

Date:               June 18, 2007
To:                 Honorable Mayor & City Commission
From:               Planning & Economic Development Department
RE:                 Approval of the Use & Maintenance of City Owned
                    Property at 1441 Hoyt & 360 E. Isabella by the
                    Healthy Neighborhoods Project.


SUMMARY OF REQUEST:
To approve the use and maintenance of the City owned property located at 1441 Hoyt
Street and 360 E. Isabella for a community garden. The properties are buildable and the
City would retain the right to sell the properties with the Healthy Neighborhoods Project
having time to remove the garden prior to any sales. The Healthy Neighborhoods Project
has proposed a garden with flowers at both locations. The neighborhood residents will be
involved in the garden and the maintenance. All gardening tools will be stored off site.
There will be no permanent structures on the site. The Healthy Neighborhoods Project has
committed to maintaining the gardens.

FINANCIAL IMPACT:
None. By having the maintenance agreement with the Healthy Neighborhoods Project, the
City would not need to maintain the properties while the gardens are located on the
properties.

BUDGET ACTION REQUIRED:
None

STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution and maintenance agreement.

COMMITTEE RECOMMENDATION:
None.
      '
,-. --1~
    ,\
           I.
                                   Resolution No. 2007-54( f)

                            MUSKEGON CITY COMMISSION


RESOLUTION APPROVING THE USE AND MAINTENANCE OF TWO BUILDABLE
LOTS AT 1441 HOYT & 360 E. ISABELLA IN THE MCLAUGHLIN NEIGHBORHOOD.

WHEREAS, The Healthy Neighborhoods Project be allowed to use and maintain the parcels
designated as parcel numbers 24-205-273-0015-00 & 24-205-247-0006-00, located at 1441 Hoyt
& 360 E. Isabella; and

WHEREAS, the City would reserve the right to sell the property and give the Healthy
Neighborhoods Project time to remove the gardens prior to any sales; and

WHEREAS, the maintenance would relieve the City from having to maintain the prope11ies and
the maintenance costs while the gardens are there; and

NOW THEREFORE BE IT RESOLVED, that parcel numbers 24-205-273-0015-00 & 24-205-
247-0006-00, located at 1441 Hoyt & 360 E. Isabella be maintained for a community gardens by
the Healthy Neighborhoods Project.

           CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 15 BLK 273

           CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 6 BLK 247

Adopted this 26 th dayofJune,    2007.

Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington,
      and Wierenga
Nays: None

Absent   None


                                                                (
                                                                    Ma
                                                                              _______
                                                                         ,_,,,_
                                                                \\                _/\)   .P . i
                                                          Attest: "-l,:rJf, "'-le\ u \:f=c. LA/1.
                                                                      Ann Marie Becker, MMC
                                                                         City Clerk
                                       CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on June 26, 2007.
                                                                 l) \\,, . (h
                                                                B · j_\ :v\ :-,\   V,) ,l 1 . Q .,
                                                                         Ann Marie Becker, MMC
                                                                                                     /   l ,

                                                                           City Clerk
                                                Maintenance Agreement
        This Agreement is made July I, 2007 ("Effective Date"), by and between the City of Muskegon
("City"), of933 Terrace Street, Muskegon, Michigan 49440, and the Healthy Neighborhoods Project, 304
E. Isabella, Muskegon, Michigan, 49442.

                                                             Background

           A. "City" is the owner of the vacant lot located at 360 E. Isabella ("Property").

        B. The parties wish to enter into an agreement regarding the installation and maintenance of a
flower garden located at the Property.

        C. Individual has agreed to perform the installation and physical maintenance of the garden at
the Property pursuant to the terms set forth in this maintenance agreement.

          Therefore, the parties agree as follows:

          I. General Agreement. Individual ab>rees, at the sole cost of the Individual, to perform the
installation and physical maintenance of a flower garden at the Property.

        2. Site Design. Individnal shall submit a garden design for the Property, and receive design
approval from the City, prior to installation. City agrees not to unreasonably withhold its approval of the
garden design. Any necessary permits or variances (fencing, lighting, electrical, plumbing, etc.) are the
responsibility of the Individual and not the City and must be obtained prior to performing any work.

        3. Maintenance, Individual shall be responsible for the physical installation of the flower
garden and continuing maintenance of the Property, including i) mowing, trimming, fertilizing, weed
control and any other routine maintenance of the grass, trees, shrubs and plantings at the Property, and ii)
trash and litter removal from the Property.

        4. Buildable Lot. City retains the right to sell the property at any time without prior notice to
the Individual. In the event the property is sold, City shall notify the Individual, who shall have 30 days
to remove any plantings and other items installed by the Individual.

        5. Term. This maintenance agreement shall continue in effect until terminated by either party.
Upon termination, Individual waives any claim against City for installation or maintenance of any item on
the Property.

       6. Insurance. Should the Individual place any items (picnic tables, grills, etc.) that are to
remain on the property for an extended period of time, the Individual must purchase liability insurance
and provide proof of the insurance to the City.

         7. Hold Harmless. Individual shall indemnify, defend and save City harmless from and against
any and all claims, actions, damages, liability and expense in connection with the loss oflife, personal
injury or damage to property arising from any occurrence in or about the Property or from the occupancy
or use by Individual of the Property or any part thereof or resulting in whole or part from any act or
omission of Individual, its employees, invitees, licensees, contractors or agents. City shall not be liable
for any injury to the person or property of Individual or any other persons on the Property resulting from
the criminal or negligent acts of third persons occurring on or nearby the Property.


                                             [signatures appear on following page]

C:\Oocuments and Settings\Administrator\Local Settings\Temporary Internet Files\Content.lE5\IZ612LYH\maintenanceagreement[2].DOC
                                                                          (~                           ."'\
                                                                     By:   _:----~~~tt~~~==--
                                                                     Name: -
                                                                     Title:
                                                                     Date:          7- c2- 0       7

                                                                     By~''-'\\v'\.u,;\..,~,               G.---~ t t' _:,.,,i
                                                                     Name: Ann Marie Becker, MMC
                                                                     Title: Clerk
                                                                     Date:    7 - .2 -0 7


                                                                        {!Merl~~
                                                                     Name: Carol Spencer, Member of the Healthy
                                                                     Neighborhood Project
                                                                     Date:    (o ·-/:;;:--07
                                                                     Contact#: ;l3/- SJS.f"-093'1




C:\Documents and Settings\Administrator\Local Settings\Temporary Internet Files\Content.lE5\IZ612LYH\maintenanceagreement[2].DOC
                                               Maintenance Agreement
        This Agreement is made July 1, 2007 ("Effective Date"), by and between the City of Muskegon
("City"), of 933 Terrace Street, Muskegon, Michigan 49440, and the Healthy Neighborhoods Project,
1589 Hoyt St. Apt. G, Muskegon, Michigan, 49442.

                                                            Background

          A. "City" is the owner of the vacant lot located at 1441 Hoyt ("Property").

        B. The parties wish to enter into an agreement regarding the installation and maintenance of a
flower garden located at the Property.

        C. Individual has agreed to perform the installation and physical maintenance of the garden at
the Property pursuant to the terms set forth in this maintenance agreement.

          Therefore, the parties agree as follows:

         1. General Agreement. Individual agrees, at the sole cost of the Individual, to perform the
installation and physical maintenance of a flower garden at the Property.

        2. Site Design. Individual shall submit a garden design for the Property, and receive design
approval from the City, prior to installation. City agrees not to unreasonably withhold its approval of the
garden design. Any necessary permits or variances (fencing, lighting, electrical, plumbing, etc.) are the
responsibility of the Individual and not the City and must be obtained prior to performing any work.

        3. Maintenance. Individual shall be responsible for the physical installation of the flower
garden and continuing maintenance of the Property, including i) mowing, trimming, fertilizing, weed
control and any other routine maintenance of the grass, trees, shrubs and plantings at the Property, and ii)
trash and litter removal from the Property.

        4. Buildablc Lot. City retains the right to sell the property at any time without prior notice to
the Individual. In the event the property is sold, City shall notify the Individual, who shall have 30 days
to remove any plantings and other items installed by the Individual.

        5. Term. This maintenance agreement shall continue in effect until terminated by either party.
Upon termination, Individual waives any claim against City for installation or maintenance of any item on
the Property.

       6. Insnrance. Should the Individual place any items (picnic tables, grills, etc.) that are to
remain on the property for an extended period of time, the Individual must purchase liability insurance
and provide proof of the insurance to the City.

        7. Hold Harmless. Individual shall indemnify, defend and save City harmless from and against
any and all claims, actions, damages, liability and expense in connection with the loss of life, personal
injury or damage to property arising from any occurrence in or about the Property or from the occupancy
or use by Individual of the Property or any part thereof or resulting in whole or part from any act or
omission of Individual, its employees, invitees, licensees, contractors or agents. City shall not be liable
for any injury to the person or property of Individual or any other persons on the Property resulting from
the criminal or negligent acts of third persons occurring on or nearby the Property.


                                             [signatures appear on following page]

C:\Documents and Setlings\Administrator\Local Settlngs\Temporary Internet Files\Content.lE5\SP30PESl\maintenanceagreement[2].DOC
                                                                      City of Muskego ,
                                                                         ~
                                                                     By:
                                                                          -.--="'-'.~P.,.,.~;;;..<:'l\::...._~r"-.A...-_,;..-,,::::::.:___---=---
                                                                     Name: ✓-
                                                                     Title:
                                                                     Date:                           - o 7
                                                                         \                  I\\ _,.. · .
                                                                                               Q ,, )/ .
                                                                      B y ~ \----\--=" v ~ vL, ·.::;;11---cL,.'-,
                                                                    · Name: Ann Marie Becker, MMC
                                                                     Title:        Clerk
                                                                     Date:            7 - c2 -          o 7



                                                                     Name: Christina Rupert,Member of the Healthy
                                                                     Neighborhoods Project
                                                                     Date:    ~ .,../,J: ~ 0 7
                                                                     Contact#:~;}/ - cJKl::l.:.lUN t.NLi I Nt:tr<


                                          CITY OF MUSKEGON
                                    ENCROACHMENTPERMITAGREEMENT


 REQUEST: A one-hundred dollar ($100.00) non-refundable fee is required for processing of request.
          I. LICENSEE proposes to install, repair or maintain improvements or facilities (''the encroachment"), in
 or abutting a stree1, alley, sidewalk, park, terrace or o1her property controlled or owned by 1he City of
 Muskegon, the encroachment being described as: (Attach exhibits) 1 unit equals 0-99 lineal feet)
      _..., ·i .                L~- · , i'c                             ~ wch.,                   · "    A

         2.      The City-owned or controlled property (herein "property") subject to the encroachment is
describe~: [pleas:,insert a general descriptio/")~~- ifrequir;.d by the CITY, an ac~urate legal description]
        ~ sJ;L~d-\\~- - ~/Jd.,                                                0+,e& <::~ c@         I




         3.      The CITY is willing to grant such privilege upon the tenns and conditions herein. This
agreement shall constitute a permit under Chapter 74 of the Code of City Ordinances, and with all future
amendments shall apply to any encroachment on public right of way or property. ·


PERMIT AGREEMENT:
         THIS AGREEMENT is made and entered into this                       d6 fli    day of   $Linc;.   20Q2, by and
between 1he CITY OF MUSKEGON, a municipal corporation (hereinafter called CITY), and                         80. Kl(ec
 .Au fo Jcr'rn                    (hereinafter called LICENSEE).


THEREFORE,
         I.      CITY does hereby grant unto LICENSEE 1he privilege of constructing, installing, maintaining,
repairing and performing all necessary functions relating to the encroachment, and for 1hat purpose to enter 1he
property, for the term herein stated. This privilege shall be effective upon the delivery to the CITY of the
required evidence of insurance coverage as outlined in paragraph 4 under this section and only after approval of
this agreement by the City Commission and at which time an encroachment permit will be issued.
        This grant is subject to the following special conditions: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __




O;\ENGINP-ERING\COMMON\ENCROACHMENT AGREEMENTS\Blank Encroachment l\8r«ment and Ponni1,do,
                                    C!IY Ur MU~KctiUN cNtilNtc~


        2.      That LICENSEE shall pay to the CITY for the privilege hereby granted the sum of
_ _ _ _ _ _ _ _ _ _ _ _Dolllll's ($_ _ _~, per unit as described under Request, paragraph 1,
applicable to the current Master Fee Resolution. Such payment is to be made upon the signing of this
agreement to the City of Muskegon, and the privilege hereby granted shall continue for a period of five years
from said date and renewal payment as set in the Master Fee Resolution to continue in five year intervals due on
the first day of May unless sooner terminated as hereinafter provided.
        3.      INDEMNIFICATION. The LICENSEE shall indemnify and save harmless said GRANTOR of
and from any liability for claims, damages, costs, expenses, or fees, including any attorney fees, or fines or
awards brought against or charged to the CITY by any person, firm or corporation on account of or arising from
the privilege hereby granted to LICENSEE or the activities of the LICENSEE related to the encroachment or
this privilege. This indemnification obligation shall include all liabilities for environmental damage or releases
of hazardous substances subject to any governmental or third party action. "Hazardous substance" is defined as
any material constituting a prohibited or regulated substance under governmental Jaw, rule, statute or regulation
in force at any time, including future times.
        4.      INSURANCE. LICENSEE shall at all times carry liability insurance in such amounts as are
satisfactory to CITY, and issued by companies acceptable to the CITY, licensed iri the State of Michigan,
naming CITY as an additional insured on any such policy. LICENSEE will file yearly with the CITY
certificates or policies evidencing such insurance coverage. The insurance policies or certificates shall provide
that the CITY shall be given thirty days written notice before a cancellation or change in coverage may occur.
The types of coverage and coverage limits as required by City Engineer shall be as follows:




        5.      BONDING. Before this agreement permit becomes valid, LICENSEE shall file with the CITY a
bond conforming to the requirements of all applicable ordinances, and to cover removal of said encroachment in
part or whole, if essential for CITY to do so. This Bond shall keep same in force during the entire term of this
agreement.
        6.      The privilege hereby granted may be canceled and revoked in part or whole by the CITY at any
time upon giving said LICENSEE thirty (30) days of written notice of such cancellation and revocation; with no
refund of the fee required in paragraph 2 of Permit Agreement.
        7.      LICENSEE may surrender up the privilege hereby granted at any time upon giving notice in
writing to the CITY thirty (30) days prior to such surrender with no refund of the fee required in paragraph 2 of
Pemtlt Agreement; provided, however, that upon the volunwy relinquishment or abandonment of this privilege,
or upon cancellation or revocation thereof by the CITY, the LICENSEE shall remove any structure(s) erected
upon, within or overhanging the area of encroachment and restore the property at LICENSEE'S expense and in
O:\ENGJNEERfNG\COMMON\ENCROACHMENT AGREEMBNTS\Blank Emm:mchment Agreement and Pennit.doc
  ,JUI,   .I.<=.   -=-~~   I    .1...J• ,_/.L                                                                                      r.lLl'-f/~'-f




 a manner satisfactory to the CITY and in default thereof shall be liable to the CITY for any cost, damage or
 expense the CITY may sustain in such restoration.
              8.               That should said LICENSEE fail or refuse to conform to any of the conditions on its part to be
performed hereunder, the privilege her.eby granted shall immediately terminate and become null and void.
              9.               This agreement shall be binding upon the respective heirs, representatives, successors and
assigns of the parties hereto.


Witnesses:                                                                         CITY OF MUS
                                                                                        ~
                                                                                   By




                                                                                   AnN;1~)~, ~ 1C>L, lc                        0

                                                                                    \An n,">'),Q, r, s- G✓i?._1..,/(' J   ,<,Clerk

                                                                                   UCENSEE:




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                                                                        WESTERN MICHIGAN
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g                    Muskegon, Ml 49445
                                                                       GRAND RAPIDS, Ml 49503

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       BAKKER AUTO & MARINE TRIM, INC.                                                          2527
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                                                                                    1182
                          AGENDA ITEM NO. _ _ _ _ _ _ __

                CITY COMMISSION MEETING _ _ _ _ _ _ _ _ __


TO:          Honorable Mayor and City Commissioners

FROM:        Bryon L. Mazade, City Manager

DATE:        June 19, 2007

RE:          Jurisdictional Transfer with Michigan Department of Transportation



SUMMARY OF REQUEST:
To approve the Memorandum of Understanding (MOU) with the Michigan Department of
Transportation (MOOT) for the jurisdictional transfer of the current US 31 Business Route
(Muskegon and Webster Avenues) to the City and transfer Shoreline Drive to MOOT, and
authorize the Mayor to sign the MOU. When this transfer transaction is complete, it will enable
Shoreline Drive to become the business route and will return Muskegon and Webster Avenues
to residential streets.


FINANCIAL IMPACT:
Remaining Build Michigan Ill grant funds will be available to the City to fund eligible street work.




BUDGET ACTION REQUIRED:
None.




STAFF RECOMMENDATION:
To approve the MOU and the attached resolution authorizing the Mayor to sign the MOU.




COMMITTEE RECOMMENDATION:
None.




pb\AGENDA\JURISDCTNL TRNSFR US31BR 061907
                                        RESOLUT[ON

                                   CITY OF MUSKEGON
                                       2007-SS(a)

Resolution for Jurisdictional Transfer ofUS-31 Business Route, northbound and southbound to
the City of Muskegon and the Jurisdictional Transfer of Shoreline Drive to MDOT

WHEREAS, the City of Muskegon is interested in the public welfare, safety and economic
development of the community, and

WHEREAS, the City of Muskegon is in support of assuming jurisdictional control ofUS-31
Business Route, northbound/Muskegon Avenue (from 50 feet southwest of the centerline of
Ninth Street to a point 0.263 miles northeast of the centerline of Spring Street, for a total
segment distance of 1.29 miles) and US-3 I Business Route, southbound/Webster Avenue (from
50 feet southwest of the centerline of Ninth Street, to a point 0.168 miles northeast of the
centerline of Spring Street, for a total segment distance of 1.21 miles) from MDOT, thereby
making Muskegon and Webster City Streets, and

WHEREAS, the City of Muskegon is in support of transferring jurisdictional control of both
directions of Shoreline Drive (beginning at the US-31 Business Route/Seaway Drive, northerly
and easterly to the US-31 Business Route/Skyline Drive, for a total distance of approximately
l.70 miles) to MOOT

NOW THEREFORE, BE IT RESOLVED that the City of Muskegon authorizes Stephen
Warmington, Mayor to sign the Memorandum of Understanding relating to these transfers.

Signed this -1.~~11_ day of June , 2007.

Ayes: Spataro, Warmington, Wierenga, Carter, Davis, Gawron, and
      Shepherd
Nays: None
                                      CERTIFICATION
                                        2007-55(a)


This resolution was adopted at a regular meeting of the City Commission, held on June 26, 2007.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.

                                           CITY OF MUSKEGON



                                             ~
                                             . ~. '--·'""-
                                           By.
                                                       . ,~'r"4;\
                                                               . . ,\,   ·., . 1l<-.jJ
                                                                    . ..01:itt,   ' .
                                                   Ann Marie Becker, MMC
                                                   City Clerk
                                                                          MDOTNO. 2007-0617
                                                                             AGENDA:CAB




                        MEMORANDUM OF UNDERSTANDING

                                          BETWEEN

                 MICHIGAN DEPARTMENT OF TRANSPORTATION

                                              AND

                                   CITY OF MUSKEGON


I.    PURPOSE

      This Memorandum of Understanding is entered into this date of _ _ _ _ _ __
      between the Michigan Department of Transportation (MDOT) and the City of Muskegon
      (CITY) for the purpose of transferringjurisdiction of the road segments described in Part I of
      Attachment A, dated May 2, 2007, from MDOT to the CITY, said road segments hereinafter
      referred to as the "PART I ROAD SEGMENTS," and for the purpose of transferring
      jurisdiction of the road segments described in Part II of Attachment A, dated May 2, 2007,
      from the CITY to MDOT, said road segments hereinafter referred to as the "PART II ROAD
      SEGMENTS." This Memorandum ofUnderstanding will begin upon award and will remain
      in effect unless it is modified according to Section V below.

II.   BACKGROUND

      The PART I ROAD SEGMENTS are within the CITY boundaries and are no longer
      functioning as a state trunklines. MDOT is willing to transfer jurisdictional control of the
      PART I ROAD SEGMENTS to the CITY, and the CITY is willing to accept jurisdictional
      control of the PART I ROAD SEGMENTS. The transfer of jurisdictional control of the
      PART I ROAD SEGMENTS will make these roadways City Major Streets.

      The PART II ROAD SEGMENTS provide a state trunkline function in that they connect to
      and maintain continuity for the existing state trunkline system. The CITY is willing to
      transfer jurisdictional control of the PART II ROAD SEGMENTS to MDOT, and MDOT is
      willing to accept jurisdictional control of the PART II ROAD SEGMENTS. The transfer of
      jurisdictional control of the PART II ROAD SEGMENTS will make these roadways state
      trunklines.



                                                 1
       MDOT and the CITY currently have in force a Municipal Trunkline Maintenance Contract
       for portions of the state trunkline located within the Muskegon city boundaries.

III.   AGREEMENT

       Upon award and acceptance of this Memorandum of Understanding by both parties, the
       parties agree to the following:

       A.     MDOT agrees:

              1.     To transfer jurisdictional control of the PART I ROAD SEGMENTS to the
                     CITY, and the CITY agrees to accept jurisdictional control of the PART I
                     ROAD SEGMENTS, thereby making these roadways City Major Streets.

              2.     To assume full jurisdictional control of the PART II ROAD SEGMENTS,
                     thereby making these roadways state trnnklines.

              3.     To accept maintenance responsibility and perform maintenance for thePART
                     II ROAD SEGMENTS for which jurisdictional control is transferred to
                     MDOT by this Memorandwn of Understanding.

              4.     To pursue modification of the current Municipal Trunkline Maintenance
                     Contract to reflect this Memorandwn of Understanding.

       B.     The CITY agrees:

              1.     To transfer jurisdictional control of the PART II ROAD SEGMENTS to
                     MDOT, and MDOT agrees to accept jurisdictional control of the PART II
                     ROAD SEGMENTS, thereby making these roadways state trunklines.

              2.     To assume full jurisdictional control of the PART I ROAD SEGMENTS,
                     thereby making these roadways City Major Streets.

              3.     To accept maintenance responsibility and perform maintenance for the PART
                     I ROAD SEGMENTS for which jurisdictional control is transferred to the
                     CITY by this Memorandum of Understanding.

              4.     To assume responsibility, costs, and liability for the maintenance and
                     operation and all future modifications required of the irrigation system that
                     was constructed along the PART II ROAD SEGMENTS.

              5.     To assume all responsibility for culvert maintenance and all future costs
                     related to Ryerson Creek along the PART I ROAD SEGMENTS.


                                               2
             6.     To assume responsibility for providing new business information or
                    advertising signs for the PART II ROAD SEGMENTS. If any existing signs
                    are required to be moved, they will be moved by the CITY and will be paid
                    for by the CITY as previously agreed upon in MDOT Contract No. 2002-
                    0672, attached hereto as Attachment B.

      C.     The parties agree that the CITY will maintain the remainder of the State Build
             Michigan Ill Funds granted to the CITY as provided in MDOT Contract No. 02-
             5019, attached hereto as Attachment C, and as subsequently amended, said funds
             hereinafter referred to as the "GRANT." The parties agree that the GRANT was
             issued by the State of Michigan for the reconstruction and restoration of the PART II
             ROAD SEGMENTS. The GRANT remainder will be maintained and expended by
             the CITY in accordance with the requirements of Act 51, Public Acts of 1951,
             Section 13, as amended.

      D.     The parties agree that no additional funding beyond the GRANT will be paid to the
             CITY by MDOT for the jurisdictional transfer of the PART I ROAD SEGMENTS
             and/or the PART II ROAD SEGMENTS.

      E.     Unless otherwise addressed by this Memorandum of Understanding, both parties
             agree that the transfer of jurisdictional control of the PART I ROAD SEGMENTS
             from MDOT to the CITY and the transfer of jurisdictional control of the PART II
             ROAD SEGMENTS from the CITY to MOOT will include the transfer of utility,
             operational, drive or right-of-way usage, and drainage permits, whether recorded or
             otherwise; all bridges, culverts, signs, signals, and/or other structures or traffic
             control devices; and any and all features and appurtenances now existing for highway
             purposes on and along the PART I ROAD SEGMENTS and the PART II ROAD
             SEGMENTS.

      F.     The parties agree that the jurisdictional transfer of the PART I ROAD SEGMENTS
             are subject to the provisions of Act 296, Public Acts of 1969, Section 2. The parties
             agree that the PART I ROAD SEGMENTS are not in need of renovation, repair,
             and/or reconstruction, pursuant to Act 296, Public Acts of 1969; Section 2.

IV.   TERM

      This Memorandum of Understanding will take effect upon award and will remain in effect
      unless it is modified according to Section V below.

V.    MODIFICATION

      This Memorandum of Understanding may be modified, in writing, upon the mutual
      agreement of the parties. Any modification must be signed by the authorized representative
      of each agency or his/her designee.

                                               3
VI.      SIGNATURE

         This Memorandum of Understanding is entered into upon signing by the duly authorized
         officials for the CITY and for MOOT.


CITY OF MUSKEGON




Title;




MICHIGAN DEPARTMENT OF TRANSPORTATION


                                                          "it,tn
Title: Director
                                                            r,
                                                          f;f['.°:
Michigan Department of Transportation                        l:t'::•,': ..




                                               4
                                       ATTACHMENT A
                                           May 2, 2007

Part I

ROADWAY SEGMENTS proposed for Transfer from MDOT to the CITY, to become City Major
Streets:

    US-31 Business Route, northbound/Muskegon Avenue, from a point 50 feet southwest of the
    centerline of Ninth Street, northeasterly to a point 0.263 miles northeast of the centerline of
    Spring Street, said point being approximately 150 feet south ofnorthbound Shoreline Drive, for
    a total segment distance of approximately 1.29 miles, in control sections 61151 and 61153;

      US-31 Business Route, southbound/Webster Avenue, from a point 50 feet southwest of the
  · · centerline of Ninth Street, northeasterly to a point 0.168 miles northeast of the centerline of
      Spring Street, said point being approximately 100 feet south ofnorthbound Shoreline Drive, for
      a total segment distance of approximately 1.21 miles, in control sections 61151 and 61153;

Comprising a grand total distance of approximately 2.50 miles.

Partn

ROADWAY SEGMENTS proposed for Transfer from the CITY to MDOT, to become state
trunkline:

    Both directions of Shoreline Drive, a divided highway facility, beginning at the US-31 Business
    Route/Seaway Drive, a divided highway facility; thence northerly and easterly to the US-31
    Business Route/Skyline Drive, a divided highway facility, for a total distance of approximately
    1. 70 route miles.



NOTE: Page 2 of this Attachment A is a map which depicts the locations of the road segments
described above.




                                                  1
                                             I
                                         /
                                             '   ',,
                                  ~;_.
                                  ;/'
                                 ;;




                ,,
           ,,
           I''
                                                                                     in Muskegon
           ,\
           \          '\                                                     111111 !MOOT to Muskegon
             \
                                                                             ---Muskegon to MOOT
                 \\
                      \
                          ('1
                            I                                                        Other Roads
                            I
                            I,                                               --State Trunkline
US-31 BR                                                                     --Other
                                                       I   I   I   I I IMap by MOOT, for 06/28/2007 STC
                                                                            MDOT NO. 2002-0672
                                                                                AGENDA: DAB


                     MICHIGAN DEPARTMENT OF TRANSPORTATION

                                     CITY OF MUSKEGON

                                          AGREEMENT


WHEREAS,      The City of Muskegon. (the City) and the Michigan Department of Transportation
              (MDOT), are jointly developing these roadway jurisdictional transfers; and ·

WHEREAS,      the City has jurisdiction over Shoreline Drive from Southern Avenue to Terrace
              Street; and                                             ·

WHEREAS, . The City shall construct a new segment of Shoreline Drive (Shoreline Dr. Extension)
           from Terrace Street to Business US-31 (US-31BR), as well as reoonstru_ct and/or
           rehabilitate the existing segment between Southern Avenue and Terrace Street
           (see attached map); and

WHEREAS,      US-31BR, from south of Ninth Street to north of Eastern Street, are a pair of one-
              way State Trunklines U(lder the jurisdiction of MDOT; and

WHEREAS,      the City and MOOT will exchange jurisdiction of the aforementioned streets upon
              completion and acceptance of construction, reconstruction, and/or rehabilitation of
              Shoreline Drive, as described above, and per the conditions described in this
              Agreement, and this transfer will be done under a separate agreement at that time.

NOW, THEREFORE, the City and MDOT agree as 'follows:

1.     The City shall acqu_ire the necessary property at its expense, and ccmplete environmental
       mitigation as required by the Phase II Environmental Review and by federal and state
       regulations, and obtain MDOT approval of the required environmental clearance issues,
       prior to and during construction. If additional costs are incurred during project
       construction, for either the Shoreline Drive Extension or the existing Shoreline Drive
       roadway, due to hazardous contaminated material disposal and/or other environmental
       Issues, the City is required to pay 100% of the additional excavation costs, beyond.that
       which would normally be classified as normal non-hazardous and/or non-hazardous
       contaminated material excavation, as it relates to all disposal, handling and mitigation for
       the Shoreline Drive Extension, as described above and on the attached map.

2.     The City shall arrange for completion of design plans, engineering, and construction
       including construction engineering (CE} of the Shoreline Drive Extension as described
       herein, upon MOOT review and approval offinal design plans; the City shall advertise, let,
       and award the project to the lowest bidder; MDOT also shall approve construction staging.
       in coordination with other Muskegon area projects to minimize impacts o,:i the users of th,:
       system. The City will be reimbursed for construction costs for the project through th,
       transfer of state Build Michigan 111 funds to the City; specific terms and conditions of th!.
                                                                                      ~,, .. ,.•-··· ··"''·'·"'·' -·-<•·




               'fft::X<"""~'•"

              )f-r shall be addressed by &l!p11ra1a      agr0ement    between the    City and MOOT.
               ·. ng Items shall be the respective responslbllltles of the City and MOOT:
          J\:'MOOT shall provide Build Michigan Ill funds not to exceed $11,850,000 for the
             followlng predetermined, eligible items within the limits of the Shoreline Drive
             Extension project and the reconstruction and rehabilitation of the existng section
             between Terrace Street and existing US-31 BR (Southern Avenue): roadway
             construction, roadway reconstruction. roadway rehabilitation, PE for the portion of
             existing Shoreline Drive, CE, railroad relocat!TJn, standard traffic signals, streei-
             lighting replacement. public utility pole relocation, relocation of existing public utility
             service (as per MOOT guidelines for utility relocations), with the following
             exceptions as listed in Items 2b, 2c, and 8 below;

     b.        The City shall provide the following items, including required audits, related to the
               Shoreline Drive at its expense: street-lighting operations and maintenance,
               including utility billings; all• sanitary force-main modifications and/or upgrades
               resulting from existing condition defects; non-moforii:ed trail construction and all
             . future maintenance; expansion and upgrades of existing utility service beyond
            ··existing facilities unless replaced as a direct conflict to the new construction (all
               cost associated with replacement of existing utilities, due to age of the facility, will
               be shared evenly by MDOT and the City and all upgrades to replaced utilities will
               be at 100% city cost); and design engineering and environmental clearance per
               previous agreements, including mitigation and cleanup of any additional
               environmental issues discovered during the life of the construction project MOOT
               shall have no responsibility for sanitary sewer force-main and its existing condition.
               The City shall be responsible for all needed sanitary sewer upgrades, and to
               assure its structural integrity for the Shoreline Drive Extension.

     c.      Local road (such as Western Avenue) modifications, outside the agreed on limits
             of direct tie-ins to the Shoreline Drive, shall be the responsibility of the City.

     d.       The City shall be responsible for the design of the reconstruction project (as
              approved by MOOT) on existing Shoreline Drive, from Fourth Street to Terrace
              Street. In addition, the City shall be responsible for the design of the rehabilitation
              project (as approved by MDOT) on existing Shoreline Drive, from existing US-
              31 BR (north of Southern Avenue) to Fourth Street. The two segments mentioned
              in this section shall be done separately from the Shoreline Drive Extension
              construction project, but shall also be included in the Build Michigan Ill funding,
             .with MOOT approval. This portion of the Build Michigan Ill funding will be part of
              the total funding limit mentioned in section ·a• and ·any additional costs for these
              projects will be at 100% City of Muskegon costs - per agreement).

3.     The City'shall obtain MOOT approval of final design plans and environmental mitigation
       plans prior to contract letting for construction, reconstruction, and rehabilitation of the
       Shoreline Drive project. The City will arrange for advertising, letting, CE, construction of
       the Shoreline Drive, designing, rehabilitation, and reconstruction of the existing Shoreline
       Drive from Terrace Street to Southern Avenue, and will be reimbursed with Build Michigan
     · 111 funds, per Item #2a above. It is further agreed that the City shall either perform the
       above noted work or award the same to the lowest bidder.
                               . ~-·""-·''.'·•···,·,   .   ,'   .... , ... ,·• -••····•"•,-...-, .

                               the 8Mrellne Dtlve Exteni1on IM d0acrltl@a h~r#in. ano upon
                    .        }1qi'o!lne Drive lmprovementll III descrtbod lo Item 112 above, and
        . f)ttn®.of lh!iail profects by MOOT, the City will transfer jurtsdictlonal control of
       · orolfne Orlve, from south of Ninth. Street to north ot Sutern Avenue (MP to be
      assigned), to MDOT to be a State Trunkline, designated aa a &egmant of the US-3i8R,
      under a separate agreement.

5.   The City shall, as long as the contract is in placa for such procedures, perform trunkline
     highway maintenance of Shoreline Drive, for which Jurlsdlcllonat control will be transferred ·
     to MDOT under a separate agreement, and receive reimbursement from the State for such
     maintenance in accordance with the. duration, terms, and conditions of its existing
     Municipal Trunkline Maintenance contract, and In accordance with any future Municipal
     Trunkline Maintenance Contract as renewed and agreed upon by the City and MOOT.

6.   . MOOT arranged for rehabilitation, at its expense, of US-31 BR from near Southern Avenue
       to north US-3i during 1999. MOOT also made repairs on southbound US-31 BR at Spring
       Street and on northbo(!nd US-31 BR between Eighth and Ninth Streets; this project was .
       completed and accepted by MDOTin 1999, per contract 61153 / 45782.                  ·

7.   Upon .completion of the Shoreline Drive Extension and reconstruction/rehabilitation of
     exisiing Shoreline Drive as described herein, MDOTwlll transfer Jurisdiction of US-31 BR,
     which includes the one-way pair of Webster Avenue and Muskegon Avenue, from south
     of Ninth Street to north of Eastern Avenue (NB: South Spring Point of Ninth Street North
     to North Spring Point of Eastern Street-CS 61151 BMP = 5.796 EMP ""6.066 and CS
     61153 BMP:: 0.000 EMP 1.000; and SB: South Spring Point of Ninth Street North to
     approximately 500 feet South of Eastern Street CS 61151 BMP = 5. 796 EMP 6.066 and
     CS 61153 BMP = 0.000 EMP 0.860), to. the City, under a separate agreement. Upon
     completion of the transfer, the City shall have complete responsibility and authority over
     the referenced streets, including maintenance responsibility for these streets. MOOT will
     have no further maintenance responsibilities or obligations for these referenced streets.
     Upon transfer, the streets will become a part of the City's Street Plan and eligible for
     maintenance cost reimbursement under Act 51. A separate agreement to transfer
     Jurisdiction will be initiated between the City and MDOT•.

     a.      After the transfer of jurisdiction is completed, Right-of-Way (ROW) transfer will
             take place and will be done as an easement for highway purposes. This process
             will be initiated by MDOT and the City of Muskegon at a later date.·

     b.      MOOT will not own fee ROW for existing Shoreline Drive or the Shoreline Drive
             Extension, but shall be in easement form for the above mentioned. segments. As
             such, the City, not MDOT will be liable and responsible for all environmental and
             other issues related to all Shoreline Drive ROW. In the event MOOT is the fee
             owner of Muskegon and Webster, it shall convey ownership to the City. The
           . respective environmental liabilities shall be governed by the laws of the State.

     c.      Liability and responsibility for the condition of the highway and streets under MCLA
             691.1402 and the Liability Exemption Section of Part 201, ACT 451 (Section
             20i 26) shall follow the transfers of jurisdiction,. regardless of fee ownership. No
             liability. under the highway execption to governmental imrnvnity evidenced by that
             statute or any successor or amendment thereof shall remain with either party after
             .           . m>'"'"•""''·''·e,·:-   ···••"11•'-"'"''·!:~ff,)'f'r'""''"'"''''.,.,•...••.,,..,~···""'"'"''""""'-"-~"""''""'-•·<''""'"="•"~"--·-.
      '"~'""",a006n h11SP(!Gn trai'l-fB~~:                              '.
     - laxlstln~ traffic a_nd parking control!, lqG!u5!Jn9 apeed limits, parking regulations, truck
       restrictions, traffic signs and &lgn11ts;·fl-1Jl1vomonl marking$ (on the street segments
       defined, for which jurisdictional contt'QI Willl>e 1ransr1med to MDOT), will be retained by
       MOOT after the jurisdictional transfGr~ under a separate agreement, so long as--
       traffic operations are not negatively 6ci®, Any future changes to the existing traffic
       controls, or placement of new control! or dlWlooa, and maintenance on these transferred
       streets within the City, will be done In. con&ultaUon with the City, per existing MDOT
       procedures, policies, and agreement& for_irlm1(ffmnoutes withinihe City.         .
                                                                 .,-
                                                               ·t' . •

      a.          MDOT will participate in th~~sfdf :Wfflc signals which meet MDOT's current
                  st.andards and as provided :!n ·UY& eummt signal maintenance agreements.
                  Additional costs to provide deool'.llive !raffle signals shall be 100% paid by the City
                  of Muskegon. The City of Muskegon wlll also be responsible for providing all
                  r13placement parts required for llny and all decorative traffic signals, within this
                 .Shor~lfne Drive corridor.                                                      ·

     ''b,   . - MDOT will not participate in the cost of placing _new business informational or
                advertising signs as part of the Shoreline Drive Extension or existing roadway
                projects as described herein, If any existing signs are required to be moved, they
                will be moved by the City and shall be paid for by the City,

9.     In accordance with MDOT's guidelines for public participation in planning such projects,
      MOOT and the Citywilf jointly provide opportunities for public input and involvement before
      implementing any future major Improvement projects on the street segments described
      herein, for which jurisdictional control will be transferred to MOOT.


!~WITNESS W~OF, the parties hereto have caused this Agreement to be executed on this
    . day of , , 2002.                         ·


WITNESSES:




                                                                          Gall A. Kundinger, Clerk



WITNESSES:                                                                STATE OF MICHIGAN
                                                                          DEPARTMENT OF TRANSPORTATION:



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                                                                          By:
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           BUILD MICHIGAN III                                           CAB
                                                                                             APR      l 5 2002
           NON FED                                      Job Number                56;lY,i ~9.5J7.       -- ,               .• ~
                                                        Control Section           MPf'lft\:~i~:' ~l 15lf;.
                                                        Contract No.              02-5019


                   THIS CONTRACT is made and entered into this date of.JUL 2 3 2.0U2               , by and
           between the MICHIGAN DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the
           "DEPARTMENT;" and the CITY OF MUSKEGON, a Michigan municipal corporation, hereinafter
           referred to as the "REQUESTING PARTY;" for the purpose of fixing the rights and obligations of
           the parties in agreeing to the following improvements, in the City of Muskegon, Michigan,
           hereinafter referred to as the "PROJECT" and estimated in detail on EXHIBIT "I," dated March 26,
           2002, attached hereto and made a part hereof:

                   PART A-MBS 61153: JOB# 56028
                   New construction work for the Shoreline Drive Connector from Highway US-3 IBR to the
                   existing Shoreline Drive at Terrace Street; and all together with necessary related work.

                   PART B - MBS 61151: JOB# 59527
                   Coldmilling and bituminous resurfacing work along Shoreline Drive from the existing
                   Highway US-3 lBR northerly to Fourth Street and Pavement and removal and replacement
                   work along Shoreline Drive from Fourth Street northerly to Terrace Street; and all together
                   with necessary related work.


                   WITNESSETH:

                   ·wHEREAS, the State of Michigan is hereinafter referred to as the "State;" and

                 WHEREAS, the PROJECT has been approved for financing in part with State Build
           Michigan III Funds; and

                    WHEREAS, the parties hereto have reached an understanding with each other regarding the
           · performance of the PROJECT work and desire to set forth this understanding in the form of a written
             contract.

                    NOW, THEREFORE, in consideration of the premises and of the mutual undertakings of the
            parties and in conformity with applicable law, it is agreed:

                    I.     _The parties hereto shall undertake and complete thp.f JWf&CiT _in accordance with
            the terms ofth1s contract.                               . 1\ i.- \.., t. I V t. -·
                                                                          CITY OF MIJSKEGON
                                                                              1
                                                                              JUL     o9 2002
            1/2/02 BMIIIDIR.WPD 4/5/02                        1.
        2.     The term "PROJECT COST", as herein used, is hereby defined as the cost of the
construction or reconstruction of the PROJECT, including the costs of preliminary engineering,
plans, and specifications for the PART B portion of the PROJECT; physical construction necessary
for the completion of the PROJECT; and engineering, legal, appraisal, financing, and any and all
other expenses in connection with any of the above, except for those costs otherwise specified in this
contract.

        The costs incurred by the REQUESTING PARTY for preliminary engineering for the PART
A portion of the PROJECT and right-of-way are excluded from the PROJECT COST as defined by
this contract. The preliminary engineering perfonned by the REQUESTING PARTY for the PART
A portion of the PROJECT work is covered by a separate contract (#95-0842 as amended by
#00-5445) under job number 38765.

         3.     The DEPARTMENT is authorized by the REQUESTING PARTY fo perform, at no
 cost to the PROJECT, such administration of PROJECTS covered by this contract as is necessary
 to assist the REQUESTING PARTY to qualify for funding. Such administration may include
 performing such review, legal, financing, any other PROJECT related activities as are necessary to
 assist the REQUESTING PARTY in meeting applicable State requirements.

          The DEPARTMENT shall make a final acceptance inspection of the PROJECT as necessary
· to ensure the PROJECT meets State requirements. Failure to comply with State requirements may
  result in forfeiture of future distributions of the Michigan Transportation Fund as described in
  Section 8. No charges will be made by the DEPARTMENT to the PROJECT for any inspection
  work or construction engineering.                                       ·

         4.     The REQUESTING PARTY shall perform or cause to be performed all the
 PROJECT work. It is understood that portions or all of the PROJECT work will be placed under
 contract by the REQUESTING PARTY. The perfonnance of the PROJECT work will be subject
 to the following conditions:

                 A.      The REQUESTING PARTY, at PROJECT COST, shall appoint a project
                         engineer who shall oversee the PROJECT and ensure the PROJECT work is
                         performed in accordance with this contract.

                 B.      The REQUESTING PARTY will design or cause to be designed the
                         PROJECT and shall accept full responsibility for that design. Any review
                         undertaken by the DEPARTMENT is for its own purposes and is not to nor
                         does it relieve the REQUESTING PARTY ofliability for any claims, causes
                         of action or judgments arising out of the design of the PROJECT.




  1/2/02 BMITIDiR.WPD 3/28/02                        2
           C.     Should all or portions of the PROJECT work be accomplished by a
                  consulting firm, a railway company, or governmental agency, firm, person,
                  or corporation, under a subcontract with the REQUESTING PARTY at
                  PROJECT expense, such subcontracted arrangements will be covered by
                  formal writteu agreement between the REQUESTING PARTY and that party.

                 _This formal written agreement shall: include a reference to the specific prime
                  contract to which it pertains; include provisions which clearly set forth the
                  maximum reimbursable and the basis of payment; provide for the
                  maintenance of accounting records in accordance with generally accepted
                  accounting principles, which clearly document the actual cost of the services
                  provided; provide that costs eligible for reimbursement shall be in accordance
                  with clearly defined cost criteria such as 49 CFRPart 18, 48 CFR Part 31, 23
                  CFRPart 140, 0MB Circular A-87, etc. as applicable; provide for access tci
                  the DEPARTMENT or its representative to inspect and audit all data and
                  records related to the agreement for a minimum of three years after the
                  DEPARTMENT'S final payment to the REQUESTING PARTY.

                  All such agreements will be submitted for approval by the DEPARTMENT.
                  Any such approval by the DEPARTMENT shall in no way be construed as
                  a warranty of the subcontractor's qualifications, financial integrity, or ability
                  to perfoan the work being subcontracted.

           D.      All work by a consulting firm will be performed in compliance with the
                   applicable provisions ofl980 PA 299, Subsection 201, MCL 339 .2001; MSA
                   18.425(2001).

            E.     The REQUESTING PARTY, hereby, certifies to the DEP ARTMENTthatthe
                   plans, specifications, and estimates for the PROJECT have been prepared in
                   compliance with applicable State laws, local ordinances, and State and local
                   standards and regulations.

            F.     The REQUESTING PARTY, hereby, certifies to theDEP ARTMENTthatthe
                   contracting procedures to be followed by the REQUESTING PARTY in
                   connection with the solicitation of the construction contract for the PROJECT
                   shall be based on an open competitive bid process. It is understood that the
                   proposal for the PROJECT shall be publicly advertised and the contract
                   awarded on the basis of the lowest responsive and responsible bid in
                   accordance with applicable State statutes, local ordinances, and State and
                   local regulations.




1/2/02 BMIIIDIR.WPD 3/28/02                   3
          G.     The REQUESTING PARTY, at no cost to the PROJECT or the
                 DEPARTMENT, will comply with all applicable State statutes, local
                 ordinances, and State and local regulations, including, but not limited to,
                 those specifically relating to construction contract administration and obtain
                 all permits and approvals with railway companies, utilities, concerned State,
                 Federal, and local agencies, etc., and give appropriate notifications as maybe
                 necessary for the performance of work required for the PROJECT.

                 The REQUESTING PARTY agrees to comply with all applicable
                 requirements of Part 91, Soil Erosion and Sedimentation Control of the
                 Natural Resources and Enviromnental Protection Act, 1994 PA 451 as
                 amended by 1995 PA 60 and 1996 PA 173, MCL 324.9101 et. seq., for all
                 P_ROJECT work performed under this contract, and the REQUESTING
                 PARTY shall require its contractors and subcontractors to ·comply with the
                  same.

           H.     The REQUESTING PARTY, at PROJECT COST, shall appoint a project
                  engineer who shall be in responsible charge of the PROJECT and ensure that
                  the plans and specifications are followed, and shall perform or cause to be
                  performed the construction engineering and inspection services necessary for
                  the completion of the PROJECT.

                  Should the REQUESTING PARTY elect to use consultants for construction
                  engineering and inspection, the REQUESTING PARTY shall provide a full-
                  time project manager employed by the REQUESTING PARTY who shall
                  ensure that the plans and specifications are followed.

           I.     The REQUESTING PARTY shall provide all construction engineering and
                  inspection necessary for the PROJECT; however, the DEPARTMENT may,
                  at its own expense, provide a competent inspector. Said inspector, acting
                  through the REQUESTING PARTY'S engineer, shall have the right to reject
                  any or all portions of the work which are not executed pursuant to the plans
                  and specifications.

            J.       The REQUESTING PARTY shall require the contractor who is awarded the
                     contract for the construction of the PROJECT to provide, as a minimum,
                     insurance in the amounts specified in and in accordance with the
                 · · DEPARTMENT'S current Standard Specifications for Construction, and to:

                   (1)    Maintain bodily injury and property damage insurance for the
                          duration of the PROJECT.




1/2/02 BMTIIDIR.WPD 3/28/02                  4
                      (2)     Provide owner's protective liability insurance naming as insureds the
                              State of Michigan, the Michigan State Transportation Commission,
                              the DEPARTMENT and its officials, agents and employees, the
                              REQUESTING PARTY and any other party with jurisdiction for the
                              roadway being constructed as the PROJECT, and their employees, for
                              the duration of the PROJECT and to provide copies of certificates of
                              insurance to the insureds. It is understood that the DEP ART:v!ENT
                              does not assume either ownership of any_portion of the PROJECT or
                              jurisdiction of any REQUESTING PARTY highway as a result of
                              being named as an insured on the owner's protective liability
                               insurance policy.

                       (3)     Comply with the requirements of notice of cancellation and reduction
                               of insurance set forth in the current Standard Specifications for
                               Construction and to provide copies ofnotices and reports prepared to
                               those insured.

               K.      The REQUESTING PARTY shall be responsible for the payment ofall costs
                       and expenses incurred in the performance of PROJECT work.

                L.     The REQUESTING PARTY shall notify the DEPARTMENT:

                       (1)     Within thirty (30}days of the completion of preliminary engineering
                               for the PART B portion of the PROJECT.

                       (2)     Thirty (30) days prior to the anticipated opening of the PROJECT to
                               traffic and certify that the PROJECT has been constructed in
                               accordance with the PROJECT plans, specifications, and construction
                               contract.

         5.      The_PART A and B portions of the PROJECT COST shall be met by contributions
  by State Build Michigan ill Funds. State Build Michigan ill Funds shall be applied to the eligible
  items of the PART A and B portions of the PROJECT COST up to an amount not to exceed
  $8,800,000 and $3,050,000, the respective grant amounts. The balance, if any, of the PART A and
: B portions of the PROJECT COST, after deduction of State Build Michigan ill Funds, is the sole
  responsibility of the REQUESTING PARTY.

         Costs for PROJECT work performed by the REQUESTING PARTY that are eligible for
 payment under this contract will be based on the actual labor, material, and equipment supp lied by
 the REQUESTING PARTY for the PROJECT and under the REQUESTING PARTY'S direct
 control. Costs for PROJECT work performed under subcontract with the REQUESTING PARTY
 that are eligible for payment under this contract will be based on the terms and conditions set forth
 in the formal written agreement between the REQUESTING PARTY and the subcontractor and
 approved by the DEPARTMENT as applicable.

 1/2/02 BMIIJDIR.WPD 3/28/02                       5
       It is understood that payment of costs is subject to cost criteria set forth in Section 4C and
 anychauges in the scope of work for the PROJECT will require approval by the DEP ARTrvlENT.

         Upon receipt of the"Request for Payment Fonn" from the REQUESTING PARTY, the
  DEPARTMENT will authorize payment to the REQUESTING PARTY for one halfofthe eligible
· grant amounts upon execution of this contract and the balance of the eligible grant amounts six (6)
  months after execution of this contract.

        6.      The REQUESTING PARTY shall begin the perfonnance of the PROJECT work
 within six (6) months of the execution of this contract and proceed with the PROJECT work in
                   a
 accordance with reasonable schedule as agreed upon by all parties to this contract.

          7.     The REQUESTlNG PARTY agrees that the costs reported to the DEPARTrvlENT
 for this contract will represent only those items that are properly chargeable in accordance with this
 contract. The REQUESTING PARTY also certifies that it has read the contract terms and has made
 itself aware of the applicable laws, regulations, and terms of this contract that apply to the reporting
 of costs incurred under the terms of this contract.

         8.      The REQUESTING PARTY shall establish and maintain adequate records and
 accounts relative to the cost of the PROJECT. Said records shall be retained for a period of three
 (3) years after completiou of construction of the PROJECT and shall be available for audit by the
 DEPARTMENT. In the event of a dispute wi.th regard to allowable expenses or any other issue
 under this contract, the REQUESTlNG PARTY shall continue to maintain the records ·at least until
 that dispute has been finally decided and the time after all available challenges or appeals of that
 decision has expired.

         The DEPARTMENT, or its representative, may inspect, copy, or audit the records at any
· reasonable time after giving reasonable notice.

         The REQUESTING PARTY shall submit to the DEPARTMENT certified costs for
 preliminary engineering for the PART B portion of the PROJECT within three (3) months of
 completion and shall make a final reporting of construction costs and all items of PROJECT COST
 related thereto within six (6) months of completion of the PROJECT.

          In the event that an audit performed by or on behalf of the DEPARTMENT indicates an
   adjustment to the costs reported under this contract or questions the allowability of an item of
·. expense, the DEPARTMENT shall promptly submit to the REQUESTING PARTY a Notice of
   Audit Results and a copy of the audit report which may supplement or modify any tentative findings
 · verbally communicated to the REQUESTING PARTY at the completion of an audit.

        Within sixty (60) days after the date of the Notice of Audit Results, the REQUESTING
 · PARTY shall: (a) respond in writing to the responsible Bureau or the DEPARTMENT indicating


 · li2l02 BMIIIDIR.WPD 3/28/02                        6
  whether or not it concurs with the audit report, (b) clearly explain the nature and basis for any
  disagreement as to a disallowed item of expense, and (c) submit to the DEPARTMENT a written
  explanation as to any questioned or no opinion expressed item of expense; hereinafter referred to as
  the "RESPONSE". The RESPONSE shall be clearly stated and provide any supporting
  documentation necessary to resolve any disagreement or questioned or no opinion expressed item
  of expense. Where the documentation is voluminous, the REQUESTING PARTY may supply
  appropriate excerpts and make alternate arrangements to conveniently and reasonably make that
  documentation available for review by the DEPARTMENT. The RESPONSE shall refer to and
  apply the language of the contract. The REQUESTING PARTY agrees that failure to submit a
  RESPONSE within the sixty (60) day period constitutes agreement with any disallowance of an item
  of expense and authorizes the DEPARTMENT to finally disallow any items of questioned or no
· opinion expressed cost.                                                                            ·

       · The DEPARTMENT shall make its decision with regard to any Notice of Audit Results and
 RESPONSE within one hundred twenty (120) days after the date of the Notice of Audit Results. If
 the DEPARTMENT determines that an overpayment has been made to the REQUESTING PARTY,
 the REQUESTING PARTY shall repay that amount to theDEP ARTMENT orreach agreement with
 the DEPARTMENT on a repayment schedule within thirty (30) days after the date of an invoice
 from the DEPARTMENT. If the REQUESTING PARTY fails to repay the overpayment or reach
 agreement with the DEPARTMENT on a repayment schedule within the thirty (30) day period, the
 REQUESTING PARTY agrees that the DEPARTMENT shall deduct all or a portion of the
 .overpayment from any funds then or thereafter payable by the DEPARTMENT to the
 REQUESTING PARTY under this contract or any other agreement, or payable to the
 REQUESTING PARTY under the terms of 1951 PA 51, as applicable. Interest will be assessed on
  any partial payments or repayment schedul·es based on the unpaid balance at the end of each month·
 until the balance is paid in full. The rate of interest will be based on the Michigan Department of
 Treasury common cash funds interest earnings. The rate ofinterest will be reviewed annually by the
 DEPARTMENT and adjusted as necessary based on the Michigan Department ofTreasury common
  cash funds inter.est earnings. The ·REQUESTING PARTY expressly consents to this withholding
  or offsetting of funds under those circumstances, reserving the right to file a lawsuit in the Court of
  Claims to contest the DEPARTMENT'S decision only as to any item of expense the disallowance
  of which was disputed by the REQUESTING PARTY in a timely filed RESPONSE.

         The REQUESTING PARTY shall comply with the Single Audit Act of 1984, P.L. 998-502
  and applicable State laws and regulations relative to audit requirements.

       9.     The DEPARTMENT is entering into this contract to enable the REQUESTING
  PARTY to obtain and use funds provided by the State.

         Any and all approvals of, reviews of, and recommendations regarding contracts, agreements,
  permits, plans, specifications, or documents, of any nature, or any inspections of work by the
  DEPARTMENT pursuant to the terms of this contract are done to assist the REQUESTING PARTY
  in meeting program guidelines in order to qualify for available funds.


  1/2/02 BMIBDIR.WPD 3/28/02                         7
    The providing of recommendations or advice by the DEPARTMENT does not relieve the
REQUESTING PARTY of its exclusive jurisdiction of any of its highways and responsibility under
MCL691.1402, MSA 3.996(102).

     When providing approvals, reviews and recommendations under this contract, the
DEPARTMENT is perfonning a governmental function, as that tennis defined in MCL 691.1401;
MSA 3.996(101), which is incidental to the completion of the PROJECT.

        10.     The DEPARTMENT, by executing this contract, and rendering services pursuant to
this contract, has not and does not assume jurisdiction of any REQUESTING PARTY highway for
purposes ofMCL 691.1402; MSA 3.996(102). Exclusive jurisdiction of such highway for the
purposes ofMCL 691.1402; MSA3.996(102) rests with the REQUESTING PARTY.

       11.    In addition to any protection afforded by a policy of insurance, the REQUESTING
PARTY agrees to indemnify .and save hannless the State of Michigan, the Michigan State
Transportation Commission, the DEPARTMENT and all officers, agents, and employees thereof:

                A.      From any and all claims by persons, !inns, or corporations for labor,
                        materials, supplies or services provided to the REQUESTING PARTY in
                        connection with the contract which the REQUESTING PARTY shall perform
                        under the tenns of this contract; and

                B.       From any and all claims for injuries to, or death of, any and all persons, for
                         loss of or damage to property, environmental damage, degradation, response
                         and cleanup costs, and attorney fees or other related costs, arising out of,
                         under, or by reason ofthe Agreement, including the design of the PROJECT,
                         except claims resulting from the sole negligence or wilful acts or omissions
                         of said indemnitee, its agents or employees.

       The DEPARTMENT shall not be subject to any obligations or liabilities by contractors of
the REQUESTING PARTY or their subcontractors or any other person not a party to this contract
without its specific consent and notwithstanding Its concurrence in or approval of the award of any
contract or subcontract or the solicitation thereof.

        It is expressly understood and agreed that the REQUESTING PARTY shall take no action
 or conduct which arises either directly or indirectly out ofits obligations, responsibilities, and duties
 under this contract, which results in claims being asserted against or judgments being imposed
 against the State of Michigan, the DEPARTMENT, and/or the Michigan State Transportation
 Commission.

         In the event that the same occurs, for the purpose of this contract, it will be considered as a
. breach of this contract thereby giving the State of Michigan, the DEPARTMENT, and/or the
  Michigan State Transportation Commission a right to seek and obtain any necessary relief or remedy,
  including but not by way oflimitation, a judgment for money damages.
 1/2/02 BMIIIDIR..WPD 3/28/02                        8
        12.    In connection with theperfonnance of PROJECT work under this contract the parties
hereto (hereinafter in Appendix "A" referred to as the "contractor") agree to comply with the State
of Michigan provisions for "Prohibition of Discrimination in State Contracts," as set forth in
Appendix A, attached hereto and made a part hereof. The parties further covenant that they will
comply with the Civil Rights Acts of 1964 being P.L. 88-352, 78 Stat. 241, as amended, being Title .
42 U.S.C. Sections 1971, 1975a-1975d, and 2000a-2000h-6, and will require similar covenants on
the part of any contractor or subcontractor employed in the performance of this contract.

        13.     This contract shall become binding on the parties hereto and of full force and effect
upon the signing thereof by the duly authorized officials for the parties hereto and upon the adoption
of the necessary resolution approving said contract and authorizing the signatures thereto of the
respective officials of the REQUESTING PARTY, a certified copy of which resolution shall be
attached to this contract; and with approval by the State Administrative Board.

       IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.

CITY OF MUSKEGON                                        MICHIGAN DEPARTMENT
                                                        OF TRANSPORTATION




By_:--c'f-..,,,.,.,SL,____Lc'.==~=---
 Title: Gail Kundinger,




                                                            APPROVED MICHIGAN
                                                                TRANSPORTATION
                                                                  COMMISSION
                                                                            4-15 -6~




 1/2/02 BMillDIR.WPD 3/28/02                        9
                                                                                  March 26, 2002

                                            EXHIBIT I

                               JOB NUMBER                    56028;59527
                               CONTROL SECTION               MES 61153; MBS 61151


                                       ESTIMATED COST

                                                       PART A       PARTB          TOTAL
 Estimated PROJECT COST                                $8,800,000   $3,050,000     $11,850.000




                             ESTIMATED COST PARTICIPATION

 GRAND TOTAL ESTIMATED COST                            $8,800,000   $3,050,000     $11,850,000
 Less State Build Michigan ill FUI1ds*                 $8,800.000   $3,050.000     $11,850.000
 BALANCE (REQUESTING PARTY'S SHARE)                    $ -0-        $ -0-          $    -0-


 NO DEPOSIT

  *State Build Michigan ill Funds for the p ART A and B portions of the PROJECT are limited to
. $8,800,000 and $3,050,000, the respe_ctive grant amounts. PART A and B portions (funding
  amounts) can be modified with a future amendment tci this agreement, with the total of PART A and
  PART B not to exceed $11,850,000, as approved and processed by MOOT.




  1/2/02 BMIIlDJR.WPD 6/25/02                     10
                                                  APPENDIX A
                               PROHIBITION OF D!SCR!M[NAT!Oi'i !N STAT£ CONTRACTS

[n connection with the performance of work under this contract; the contractor agrees as follows:

1.       [n accordance with Act No . .453 1 Public Acts oft 976, the contractor hereby agrees n.ot to discriminnte ugainst an emplo;ee
         or·appiicant for emptoymen t with respect to hire. tenure, terms. conditions. or privileges of employment. or as a matter
         directly or indirectly related to employment, because of race, color, religion, national origin, nge, sex. height, weight. or
         marital status. Further, in accordance with Act No. 220, Public Acts of 19i6 as amended by Act No. ~78. Public Acts of
         l 980 the contrac~or hereby agrees not to discriminate ag'Jinst an employee or applicant for employrnent with resp!.!ct to
         hire! tenure. terms, conditions, or privileges of employment. or a matter directly or indirectly related to employmt!nt.
         because of a disability that is unrelated to the individual's ability to perform the duties of a particular job or position .
        .A breach of the above covenants shall be regarded as a material breach of this contract.

2.      The contractor hereby agrees that any and all subcontracts to this contract. whereby a portion of the work set forth in
        this contract is to be perfo.rmed, shall contain a covenant the same as hereinabove set forth in Section l of this Appendix.

3~      The contractor will take affirmative a<:tion to insure that npplkants for employment and employees are treated without
        regard to their race1 color, religion, national origin, age, sex, height, weight; marital status or a disability that is·unrehted
        'to the individual's ability to perforin the duties of a particular job or position. Such action shall include, but not be limited
         to, the foUowing: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of
         puy or other forms of compensation; and selection for training, including apprenticeship.

4.      The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that
        all qualified applicants will receive consideration for employment without regard to race-, cotor1religion: national origin,
        age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the duties of a
        particular job or position.

5.       The contractor or his collective bargaining representative will send to each tabor union or representatjve of workers with
         which he has a collective bargaining agreement or other contractor understanding, a notice advising the said labor union
         or workers' representative of the contractor's commitments under this appendix.

6.       The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil
        •Rights Commission which may ·be in effect prior to the taking of bids for any individual state project.

7.       The contractor will furnish and file compliance reports within such time and upon such forms as provided by the Michigan
         Ciyil Rights Commission, said forms may also elicit informntion as to tl:te practices, policies, program, a.nd employment
         statistics of each subcontractor as well as the contractor himself, and said contractor wUI permit access to his books,
         records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes of investigation to ascertain
         compliance with this contract and relevant with rules, regulations, and orders of the Michigan Civil Rights Commission.


 8.      In the event that the Civil Rights Commission finds, after a hearing held pursuant to Its rules, that a contractor has not
         complied with the contractual obligations under this agreement. the Civil Rights Corninission may, as part of its order
          based upon such findings, certify said findings to the Administrative Board of the State of Michigan, which Administrative
          Board may order the cancellation of the contract found to have been violated and/or declare the contractor ineligible for
        · future contracts with the state and its political and civil subdivisions, departments,·and officers, and including the
          goverIJin.g boards of institutions of higher education 1_ until the contractor complies with said order of the Civil Rights
          Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons with whom the
          eon tractor is declared ineligible to contra.ct as a c·ontracting party in future contracts. In any case before the Civil Rights
          Commission in which cancellation of an existing contract is a possibility, the contracting agency shalt be notified of such
          ·possible remedy and shall be given the option by the Civil Rights Commission to parti!:ipate in such proceedings.

 9.      The contractor will include, or incorporate by reference., the provisions of the foregoing paragraphs (.1) through (S) in
         every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan CivU Rights
         Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each
         subcontractor or seller.                                                                                     March. 1998
Date:    June 26, 2007

To:      Honorable Mayor and City Commissioners

From:    Engineering

RE:      Engineering Services Agreement for Engineering Services with Wade
         Trim


SUMMARY OF REQUEST:

Authorize staff to enter into an engineering services agreement with Wade Trim Inc. out
of Grand Rapids to provide design, plans, specifications and bidding documents for the
Muskegon & Webster conversion into two way streets. The scope of services consists
of new traffic signals at th Street as well as signal modifications at Terrace Street for a
total fee of $18,600.

Wade Trim is being recommended for four main reasons:

   A- we already have a contract with them for two other projects, signal installation at
      Harvey & Marquette and traffic signals modifications along Laketon Ave. Corridor
      on which they have done an excellent job thus far.
   B- Wade Trim is the engineer that assembeled the conceptual plans of the
      conversirsion and provided recommendations which had been reviewed by the
      downtown group and the state.
   C- The proposed fee of $18,600 is very reasonable
   D- Deadline to meet the commuinty's desire to convert Muskegon & Webster into
      two way streets shortely after labor day of this year makes it difficult to slocit and
      review other proposals at this time.

FINANCIAL IMPACT:
The engineering fee of $18,600 for the design and specifications plus construction
engineering at an additional 15%.

BUDGET ACTION REQUIRED:
None, the cost is budgeted for.



STAFF RECOMMENDATION:
Authorize staff to enter into an agreement with Wade Trim Inc.

COMMITTEE RECOMMENDATION:
                                                                                                 ISO 9001:2000 Hegistered




WADETRIM

June 15, 2007




City of Muskegon
933 Terrace Street
PO Box 536
Muskegon, Ml 49443-0536

Attention: Mr. Mohammed AI-Shatel, PE
           City Engineer

Re:   Preparation of Bidding Plans for the Muskegon/Webster Two Way Traffic Conversion
      and the Seventh Street Traffic Signal Installations

Dear Mr. AI-Shatel:

Based on a review of our previously submitted two way traffic conversion plans, and our
subsequent conversations, we have developed a scope of services to prepare a bid
package for the Muskegon/Webster Two Way Traffic Conversion and the Traffic Signal
Installations at Seventh Street and Muskegon Avenue and Seventh Street and Webster
Avenue. The traffic signal installation plans and two way traffic conversion plans will be
packaged together in order to save on both design and construction costs.

The bid package for the Muskegon/Webster Two Way Traffic Conversion and the Seventh
Street Traffic Signal Installations will include the following:

           •    A title sheet

           •    A legend and construction notes sheet

           •    Traffic signal plan sheets for the four (4) intersections requiring full
                modernization:

                        1.   Seventh Street at Muskegon Avenue       (Diagonal span)
                        2.   Seventh Street at Webster Avenue        (Diagonal span)
                        3.   Terrace Street at Muskegon Avenue       (Box span)
                        4.   Terrace Street at Webster Avenue        (Box span)

           •    Simplified traffic signal plan sheets for the remaining thirteen (13) affected
                intersections along the Webster Avenue and Muskegon Avenue corridor

           •    Traffic signal detail sheets

           •    Two way traffic conversion signing and pavement marking plans


                                                         Wade Trim, Inc.             616,363.8181
                                                         2944 Fuller Avenue, N.E.    800.931.9135
                                                         Grand Rapids, MI 49505      616.363.5656 fax
                                                                                     www.wadetrim.com


·•·•••·iiilM;iilill·iiiiiii44·11Wi·illii·ilii·lih·IWliiii44111
City of Muskegon
June 15, 2007
Page 2




           •    Two way traffic conversion implementation plan sheet

           •    All necessary special provisions for construction

           •    Engineers estimate.


The City of Muskegon will provide survey for the four (4) intersections requiring full
modernization, as listed above. This survey should be submitted electronically to Wade
Trim, and will be used for the traffic signal base files.

The traffic signal plan sheets for the four (4) intersections requiring full modernization will
include a removal plan, a removal wiring diagram, an installation plan, an installation wiring
diagram, a materials list, span and wattage calculations, and utility coordination notes.

The simplified traffic signal plan sheets for the eleven (11) intersections requiring vehicle
head and case sign replacements will include an intersection sketch, installation wiring
diagram, a materials list, and span and wattage calculations.

The two way traffic conversion signing and pavement marking plans will detail measurement
and pay items for the signing and pavement marking removal and installation. The
conversion implementation plan will detail the implementation techniques and maintenance
of traffic methods recommended for the two way traffic conversion on Muskegon Avenue
and Webster Avenue.

Preliminary copies of the bid package will be provided for your review and comment. All
comments and revisions will be incorporated into the final set of plans.

We propose to complete the services, as described above, for a not to exceed fee as
detailed below:

            •   Part I - Preparation of Bidding Plans for the Muskegon/Webster Two Way
                Traffic Conversion, including the full traffic signal modernization at Terrace
                Avenue and Muskegon Avenue and Terrace Avenue at Webster Avenue:
                $12,600.

            •   Part II - Preparation of Traffic Signal Installation Plans at Seventh Street and
                Muskegon Avenue and Seventh Street and Webster Avenue: $6,000.

Both Part I and II will be packaged together for a total of $18,600. Any additional services
will be billed at our standard hourly billing rates.
  City of Muskegon
  June 15, 2007
  Page 3




  If you have any questions regarding the above information, or wish to make changes to the
  scope of the project, please feel free to contact us at (616) 363-8181. We look forward to
  working with you on this project.

  Very truly yours,



 2;1'.inc·13~                                                                          ~                 L-,,/2.,VM

                                                                                     Terry A. 1§/rt~ls, PE
1~~~~osserd                                                                          Principal
  Transportation Engineer

  JNB:TAB:alt
  AAA8010.07N
  R:\letter proposals\transportation\Muskegon, MI\MuskegonWebster\MuskegonWebster_SeventhSt_061507.doc
                            AGENDA ITEM NO. _ _ _ _ _ _ __

                 CITY COMMISSION MEETING _ _ _ _ _ _ _ _ __


TO:          Honorable Mayor and City Commissioners

FROM:        Bryon Mazade, City Manager

DATE:        June 22, 2007

RE:          Liquor License Transfer, D & L of Michigan, LCC
             435-441 W. Western Avenue



SUMMARY OF REQUEST:
Recommend approval to the Liquor Control Commission of a request from D & L of Michigan,
LLC to transfer ownership of 2006 Class C Licensed Business with Dance Permit, located in
escrow at 3621 Getty, Norton Shores, Ml 49444, from North-Saylor, Inc.; transfer location to
435-441 W. Western Avenue, Muskegon Ml 49440, Muskegon County; cancel existing Outdoor
Service (1 area); requests a New SOM License to be held in conjunction; and requests a New
Entertainment Permit and New Outdoor Service (1 area).


FINANCIAL IMPACT:
None.




BUDGET ACTION REQUIRED:
None.




STAFF RECOMMENDATION:
Approve; final inspections are complete.




COMMITTEE RECOMMENDATION:
None.




pb\AGENDA\D&L SOM LIQ LIC 062207
                                                          City Manager's Office


Memo
 To:               Mayor Warmington & City Commissioners
 From:             Bryon L. Mazade, City Manager
 Date:             June 22, 2007
 Re:               Liquor License Request, D & L of Michigan, LCC, for
                   435-441 W. Western Avenue



 You may recall that on January 23, 2007 the Commission recommended approval of
 this liquor license request, contingent upon final inspection.

 In light of the contingency, the Liquor Control Commission requires City Commission
 recommendation upon completion of the final inspection. Final inspection was
 recently performed and was acceptable.

 I am requesting the City Commission recommend approval of the request from D &
 L of Michigan, LLC to transfer ownership of 2006 Class C Licensed Business with
 Dance Permit, located in escrow at 3621 Getty, Norton Shores, Ml 49444, from
 North-Saylor, Inc.; transfer location to 435-441 W. Western Avenue, Muskegon Ml
 49440, Muskegon County; cancel existing Outdoor Service (1 area); requests a New
 SOM License to be held in conjunction; and requests a New Entertainment Permit
 and New Outdoor Service (1 area).

 /pb




 pmbVBLM O&L UQ UC REQ 062207




 • Page 1
                                                                                                                                                     Request ID# 380192                       :=J
                                                           2007 -5 5(c)
                                                           RESOLUTION
At a _ _R_e_g_u_l_a_r_ _ _ _ __ _ _ meeting of the ___c_i""""t_y_ C_o_m_m
                                                                        _1_·s_s_io
                                                                                 _ n _ __ __
           (Regular or Special)                     (Township Board, City or Village Council)

called to order by Mayol'.' Warmington                            on             June 26,                  2007 at                 5: 30 · .·..            P.M.

The following resolution was offered:

Moved by Commissioner Spataro and supported by Commissioner Carter

             TRANSFER OWNERSHIP OF 2006 CLASS C LICENSED BUSINESS WITH
That the request to
DANCE PERMIT, LOCATED IN ESCROW AT 3621 GETTY, NORTON SHORES, Ml 49444, PO:
MUSKEGON, MUSKEGON COUNTY, FROM NORTH-SAYLOR, INC. TOD & L OF MICHIGAN ,._ .
LLC; TRANSFER LOCATION (GOVERNMENTAL UNIT) (MCL 436.1531(1) TO 441 W. WESTERN,
MUSKEGON, Ml 4944·0, MUSKEGON COUNTY; AND REQUEST A NEW ENTERTAINMENT
PERMIT. A-DO(Z,'£.55 IS l./35 rlfl./1 (/J. wt:.sT~r,J.
be considered for _ _ __ ...:...A--=p--=p;....r;....o;....v_a;....l:;:___ _ _ _ _ _ _ _ _ _ _ __ __ __ __ _
                                                                      (Approval or Disapproval)

                                     APPROVAL                                                                DISAPPROVAL

                  Yeas: _ _ _
                            7 _ _ _ _ _ __                                              Yeas: _ _ _ _ _ _ __ __
                            ·n,_ _ _ _ _ __
                  Nays: _ _ _                                                           Nays: _ _ _ _ _ _ _ _ __

                            o_______
                  Absent: ___                                                           Absent: _ __ __ _ _ __


It is the consensus of this legislative body that the application be:

_ _ _ _ _ _ _ __R
                """:~..__co_
                          m_ m_e_n_a_e_a_ _ _ __ _ _ _ _ _ _ _ _ _ _ forissuance
                                  (Recommended or Not Recommended)

State of Michigan _ _ _ __

County of            Muskegon_

I hereby certify that the fore~oing is a true and complete copy of a resolution offered and
adopted by the              C i ty   Commission                                     at a _ _R_e-=g: -u_l_a_r_ _ _ _ _ _ _ __
                          (Township Board, City or Village Council)                                 (Regular or Special)

meetingheldon June 02 6 , 200 7
                 (Date)

                                                                                                      (Signed)            ~           ~
                                                                                                              (Township, City or Village Clerk)
                                                                                                                                                '

                          SEAL
                                                                                                           933 Terrace, Muskegon MI 49440
                                                                                                       Mailin address of Townshi , Cit or Vil la e
LC-1305 (Rev. 0812006)                         The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion. age,
Authority: MCL 436.1501                        national origin, color, marital status, disability, or political beliefs. If you need help wilh reading, writing, hearing, etc., under the Americans
Completion: Mandatory                          with Disabililies Act, you may make your needs known lo this agency.
Penall . No License
933 Terrace Street       OFFICE 231-724-6705           CIIT Or= MUSl\~f30~
Muskegon, MI 49440       FAX 231-724-4178
                                                       CL~t:21\~S Ot=t=IC~


rAX COVHJ Stil:H
       To:     ~LL( .                          From:


      Fax:                                     Pages(including cover)    o<
      Phone:                                   Date:


      Re:                                      CC:


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