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CITY OF MUSKEGON
CITY COMMISSION MEETING
January 23, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
☐ CALL TO ORDER:
☐ PRAYER:
☐ PLEDGE OF ALLEGIANCE:
☐ ROLL CALL:
☐ HONORS, AWARDS, AND PRESENTATIONS:
A. Big Red State Champion Football Honors - POSTPONED TO 2/13/2024
MEETING Manager's Office
☐ PUBLIC COMMENT ON AGENDA ITEMS:
☐ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Consumers Energy Easement for the Water Filtration Plant Tower Public
Works
C. 2024 User Fees Finance
D. Sale of 1278 Pine Street Planning
E. Arena Solar Interconnect Agreement Public Works
F. Acquisition of Vacant Lot at 748 Catherine for Infill Housing from
Muskegon Land Bank Economic Development
G. Chicken Ordinance Planning
H. Scattered Site Payment In Lieu of Taxes Agreement with Green
Development Ventures, LLC (Allen Edwin Homes) Economic
Development
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I. Green Development Ventures, LLC (Allen Edwin Homes) PILOT Fee
Resolution Economic Development
J. Sale of 740 Leonard Avenue Manager's Office
K. Signing Purchase and Closing Documents Manager's Office
L. Concur with CRC Acceptance of Resignations and Appointment
Recommendations City Clerk
☐ PUBLIC HEARINGS:
☐ UNFINISHED BUSINESS:
☐ NEW BUSINESS:
A. DEI Policy Audit Manager's Office
B. Adelaide Pointe Dropwell Docks Discussion Public Works
C. CFFMC Spark Grant Application Discussion Public Works
D. Sale of 720 Leonard Avenue Manager's Office
☐ ANY OTHER BUSINESS:
☐ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
☐ CLOSED SESSION:
☐ ADJOURNMENT:
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF
MUSKEGON AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
To give comment on a live-streamed meeting the city will provide a call-in telephone
number to the public to be able to call and give comment. For a public meeting that is
not live-streamed, and which a citizen would like to watch and give comment, they
must contact the City Clerk’s Office with at least a two-business day notice. The
participant will then receive a zoom link which will allow them to watch live and give
comment. Contact information is below. For more details, please visit:
www.shorelinecity.com
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such
as signers for the hearing impaired and audio tapes of printed materials being
considered at the meeting, to individuals with disabilities who want to attend the
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meeting with twenty-four (24) hours’ notice to the City of Muskegon. Individuals with
disabilities requiring auxiliary aids or services should contact the City of Muskegon by
writing or by calling the following:
Ann Marie Meisch, MMC. City Clerk. 933 Terrace St. Muskegon, MI 49440. (231)724-6705.
[email protected]
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 23, 2024 Title: Approval of Minutes
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
To approve the minutes of the January 8, 2024 Worksession and January 9, 2024 Regular meetings.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A x
Recommended Motion:
To approve the minutes.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
January 8, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
2024-07 CALL TO ORDER
The Worksession Meeting of the City of Muskegon was called to order at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 PM, Monday, January 8,
2024.
Present: Mayor Ken Johnson, Vice Mayor Rebecca St.Clair, Commissioners Willie
German, Jr., Rachel Gorman, Jay Kilgo, and Destinee Keener.
Absent: Commissioner Katrina Kochin
NEW BUSINESS
B. Muskegon Lake Development Joint Planning Manager's Office
Cindy Larsen, President of the Muskegon Chamber of Commerce, addressed
the commission to update them on a chamber-led initiative to further beautify
the lakeshore. The Chamber has been in contact with property owners, business
owners, and the county and city staff and is tentatively planning to have some
planning sessions in the spring. They will be seeking a $15,000 contribution from
the city toward the beautification project. They anticipate the planning of the
project to cost $60,000 - $80,000 with a focus on Heritage Landing, which is in
need of a "refresh". Discussions have taken place with the Smith Group that
worked on the Detroit River Walk project.
A. Greenhouse Gas Inventory - Preliminary Results Manager's Office
Peter Wills, Director of Government Relations and Strategic Operations
introduced representatives from Fishbeck. Fishbeck prepared a Greenhouse
Gas Inventory for Fiscal Year 2022. Last year the commission passed a resolution
supporting the effort to reduce emissions.
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Represenatives from Fishbeck discussed the Preliminary Report of the City's
organization-wide Greenhouse Gas (GHG) Inventory of our carbon footprint, as
prepared by Fishbeck. The City is committed to reducing its carbon footprint
while continuing to provide residents with efficient and superior infrastructure
and services. In April 2023, the Commission passed a resolution declaring the
City’s commitment to climate action initiatives and to combat the impact of
climate change on the community and planet. The City is dedicated to
reducing the risks of climate change by implementing actions that save money,
improve productivity, and lower GHG emissions. The City intends to reduce its
organizational GHG emissions through deliberative budget, policy, and
administrative actions.
In an effort to reduce GHG emissions, we must first understand our current
carbon footprint and the drivers of those emissions. The GHG Inventory will be
used to set target reductions with the goal of eliminating the City’s organization-
wide GHG emissions by 2040.
The City issued an RFP on 9/19/23 and selected Fishbeck to conduct this
Inventory on 10/16/23 at a cost of $18,000. The contracted work period was
from 10/17/23 - 12/11/23. The RFP called for a preliminary report to be delivered
for discussion with the commission by 1/8/24 and a final report submitted for
adoption in February.
https://muskegon-mi.gov/organizational-wide-greenhouse-gas-ghg-inventory/
A Fishbeck Representative reviewed the proposal in a presentation and
discussion took place. Stephanie Jarrett, Vice President - leads the Air Quality
Team and Jada Holmstrom is a quality engineer.
This is a baseline report, The baseline year is 2022, the last year that was audited.
There are some recommendations listed about how to reduce our carbon
footprint or green house gas emissions as an entity. It is recommended that we
track the infomaiton that they have collected in the various spread sheets -
tracking will be the best way to see how we're doing in achieving our goal of
net zero emissions.
The Mayor asked for an update as to what the next steps are for the committee
tasked with making these recommendations for reduction of emissions. Assistant
City Manager LeighAnn Mikesell and Director of Government Relations and
Strategic Operations Pete Wills will be taking this information back to the
workgroup.
PUBLIC COMMENT
Public comments received.
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ADJOURNMENT
Motion by Commissioner German, second by Commissioner Keener, to adjourn
at 7:07 p.m.
MOTION PASSES
Respectfully Submitted,
Ann Marie Meisch, MMC
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CITY OF MUSKEGON
CITY COMMISSION MEETING
January 9, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
CALL TO ORDER
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 PM, Tuesday, January 9, 2024.
Pastor Russell Damm, OakCrest Church of God, opened the meeting with
prayer, after which the Commission and public recited the Pledge of Allegiance
to the Flag.
ROLL CALL
Present: Mayor Ken Johnson, Vice Mayor Rebecca St.Clair, Commissioners
Destinee Keener (left at 7:00 p.m.), Katrina Kochin, Rachel Gorman, Rebecca
St.Clair, and Jay Kilgo. City Manager Jonathan Seyferth, City Attorney John
Schrier, City Clerk Ann Marie Meisch, and Deputy City Clerk Kimberly Young.
HONORS, AWARDS, AND PRESENTATIONS
A. Fire Department 150th Anniversary Recognition Manager's Office
The Muskegon City Fire Department has been in service for 150 years. Tonight
we celebrate our firefighters and the Fire Department's 150th anniversary. Mayor
Johnson and City Manager Jonathan Seyferth presented each Fire Deparment
staff person in attendance with a Certificate of Appreciation and Service and a
commemorative badge. Names of current Fire Department staff were read by
Vice Mayor St.Clair. The on-duty firefighters in attendance had to leave almost
immediately, before being recognized and presented with their certificates and
commemorative badges, to respond to a call.
B. Audit Presentation-ACFR by Brickley Delong Finance
Ken Grant, Finance Director, introduced Eric VanDop to summarize the Annual
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Financial Comprehensive Report for FY 2023, following the audit performed by
Brickley DeLong. Mr. VanDop presented information from different areas of the
AFCR, providing an overview and explanation of the city's financial position.
PUBLIC COMMENT ON AGENDA ITEMS
No public comments were received
2024-08 CONSENT AGENDA
Motion by Commissioner German, second by Vice Mayor St.Clair, to accept the
Consent Agenda as presented, except items D, F, G, H, and J.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, Keener, and
German
Nays: None
MOTION PASSES
A. Approval of Minutes City Clerk
To approve the minutes of the December 11, 2023 Worksession, December 12,
2023 Commission Meeting, December 19, 2023 Special Meeting, and January 3,
2024 Organizational Meeting.
STAFF RECOMMENDATION: Approve the minutes.
B. Sanitary Sewer Easement - 381 E Laketon DPW- Engineering
Staff is requesting approval of an easement between the owners of 381 E
Laketon (Midwest V, LLC) and the City of Muskegon.
The City's sanitary sewer main runs east to west along the south edge of 381 E
Laketon. Originally, it was within an alley. The alley was vacated years ago.
Recent development of the property, re-building of the Dollar General, has
prompted cleaning up legal rights to maintain the sewer. Easement documents
have been prepared and signed by owners. Documents have been reviewed
and accepted by John Schrier.
STAFF RECOMMENDATION: To approve the easement as presented and
authorize the Mayor to sign the easement with Midwest V, LLC.
C. Storm Water Maintenance Agreements DPW- Engineering
Staff seeks authority to sign Storm Water Maintenance Agreements when
submitted in accordance with the City's Storm Water Ordinance.
Per the City’s Storm Water Ordinance, developments are required to submit
post construction documents, one of which is a Storm Water Maintenance
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Agreement. The agreement requires the property owner to maintain the private
storm water system and allows the City to enforce maintenance if the property
owner fails to do so. The agreement is needed because the private system
leads to the public system, and a failure to maintain the private system could
negatively impact the public system or the waters that the systems eventually
drain to. The agreement is required to be recorded at the County Register of
Deeds office and runs with the property. The general format of these
agreements has been reviewed and is acceptable to the attorney's office, and
these agreements are required by the State of Michigan under the City's MS4
stormwater permit.
Due to the number of agreements required each year (approximately one per
month), the fact that each agreement follows the same approved format, that
the agreements are only required on properties that follow the Site Plan
Approval process (including the public notifications and Commission action that
may be required under that process), and that the agreements are required
both by City ordinance and the City's state-required storm water permit, staff
requests permission to enter into these agreements. An example agreement is
included for reference.
STAFF RECOMMENDATION: Approve the DPW Director, City Engineer, or Assistant
City Engineer to sign Storm Water Maintenance Agreements when submitted in
accordance with the City's Storm Water Ordinance. This approval shall remain
in place until the SWM Agreement is updated/changed.
E. Sale of 720 Leonard Avenue - REMOVED PER STAFF REQUEST Manager's
Office
I. Placement of Public Benches City Clerk
Tony Asmus recently purchased the agreement for the placement of the public
benches from Howell Sign Co. LLC. Staff has been working with the new owner
and is recommending approval of the new agreement. The agreement would
be for five years, and the cost would be $6 per month per bench. Currently,
there are 40 benches. Staff could work with the owner on the location and the
number of benches allowed.
STAFF RECOMMENDATION: Approve the agreement with Gus Benches
Advertising.
K. Amendment to the Sign Ordinance Planning
Staff initiated request to amend the form based code section of the zoning
ordinance to modify the regulations on projecting signs downtown. The
Planning Commission unanimously recommended approval of the amendment
by a 6-0 vote.
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STAFF RECOMMENDATION: To approve the request to modify the regulations on
projecting signs downtown as presented.
L. Comcast Franchise Agreement Manager's Office
The City's cable TV franchise agreement with Comcast has expired and needs
to be renewed. The City has 30 days from when Comcast submits the
agreement for renewal to approve the replacement agreement. Staff is
recommending a renewal of the franchise agreement without any changes to
the fees collected by the city. The agreement is for ten (10) years.
Following legislation adopted by the State of Michigan in the mid-2000s, the
negotiation of franchise agreements at the local level was largely standardized,
and not much flexibility was left to the communities beyond setting the
franchise fee. The City of Muskegon currently has a 5% franchise fee that is paid
by Comcast customers and passed on to the City. These funds can be used at
our discretion.
The City is not recommending any changes to the franchise fee rate. It should
also be noted the City could, but has historically elected not to, implement a
Public Education Government (PEG) fee in addition to the franchise fee. PEG
fees can only be used for the support of equipment for public access television.
STAFF RECOMMENDATION: Approve the Uniform Video Service Franchise
Agreement with Comcast as presented.
2024-09 REMOVED FROM CONSENT
D. Rezoning of 1993 Austin St Planning
Request to rezone the property at 1993 Austin St from B-4, General Business to R-
2, Single-Family Medium Density Residential, by Derek Masterman. The Planning
Commission unanimously recommended approval of the rezoning at their
December 14 meeting.
STAFF RECOMMENDATION: To approve the request to rezone the property at
1993 Austin St from B-4, General Business to R-2, Single-Family Medium Density
Residential.
Motion by Commissioner Kilgo, second by Vice Mayor St.Clair, to approve the
request to rezone the property at 1993 Austin St from B-4, General Business to R-
2, Single-Family Medium Density Residential.
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ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, Kilgo, and
Keener
Nays: None
MOTION PASSES
F. Sale of 159 McLaughlin Ave. Planning
Staff is requesting approval of a purchase agreement for 159 McLaughlin for
$179,000. 159 McLaughlin was constructed through the agreement with Dave
Dusendang to construct infill housing with ARPA funding. The offer is over the full
listing price with the seller to contribute 6% of purchase price towards buyers
closing costs, pre paids and discount points.
STAFF RECOMMENDATION: Approve the purchase agreement for 159
McLaughlin.
Motion by Commissioner Kilgo, second by Commissioner German, to approve
the purchase agreement for 159 McLaughlin.
ROLL VOTE: Ayes: Keener, German, Gorman, Kochin, St.Clair, Johnson, and
Kilgo
Nays: None
MOTION PASSES
G. DDA Liquor License – Muskegon Brewing Company, 1204 W Western Ave
Economic Development
Muskegon Brewing Company is requesting a Downtown Development Authority
On-Premise Liquor License for the building at 1204 W Western Ave. The Liquor
Control Commission allows for additional liquor licenses within Downtown
Development Authority Districts under certain conditions.
STAFF RECOMMENDATION: Approve the request for a Downtown Development
Authority On-Premise Liquor License for Muskegon Brewing Company at 1204 W
Western Ave.
Motion by Commissioner Kilgo, second by Commissioner Gorman, to approve
the request for a Downtown Development Authority On-Premise Liquor License
for Muskegon Brewing Company at 1204 W Western Ave.
ROLL VOTE: Ayes: Kilgo, Keener, German, Gorman, Kochin, St.Clair, and
Johnson
Nays: None
MOTION PASSES
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H. Amendment to the zoning ordinance - residential units in previously
existing commercial buildings Planning
Staff initiated request to amend Section 401 of the zoning ordinance to allow
multi-family residential units in previously existing commercial buildings not
already converted to residential in single-family zoning districts, as a special use
permitted. The Planning Commission unanimously recommended approval of
the request at their December meeting.
STAFF RECOMMENDATION: Approve the request to amend Section 401 of the
zoning ordinance to allow multi-family residential units in previously existing
commercial buildings not already converted to residential in single-family
residential districts, as a special use permitted.
Motion by Commissioner Kilgo, second by Vice Mayor St.Clair, to approve the
request to amend Section 401 of the zoning ordinance to allow multi-family
residential units in previously existing commercial buildings not already
converted to residential in single-family residential districts, as a special use
permitted.
ROLL VOTE: Ayes: Johnson, Kilgo, Keener, German, Gorman, Kochin, and
St.Clair
Nays: None
MOTION PASSES
J. Filter Plant Tower Lease Changes Public Works
Staff requests authorization to enter into a lease with “Muskegon Cellular
Partnership By: Cellco Partnership d/b/a Verizon Wireless” to grant Verizon
space on the City’s cellular tower at the water filtration plant. In early 2021
Commission authorized the construction of a cellular communications tower at
the water filtration plant in the hope of spurring cellular companies to provide
better service in the extreme western part of the City, including the beach.
Since that time, staff has been working with Maralat Communications to entice
a cellular provider to locate on the tower. In late September of last year, the
Commission approved a lease agreement for the antenna. Since then, Verizon
has proposed new lease terms. The changes include:
• A reduction in monthly rent from $3,500 to $2,750.
• An extension of the first term from 5 years to 10 years, which brings the
total term, including extensions, to 30 years from 25 years.
• The addition of a penalty if Verizon cancels during the first 10-year term,
the penalty being one year's full rent.
• The other terms, including the 2% annual escalator, remain unchanged.
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While the net income to the water fund is slightly reduced ($1,345,273 previously,
now $1,338,747 for a reduction of $6,526), the total term of the agreement is
extended and the income from the first 10-year term is more secure. The need
for service in this part of the community is still high, so staff recommends
approval of the revised agreement.
STAFF RECOMMENDATION: Approve the presented lease with Muskegon Cellular
Partnership by: Cellco Partnership d/b/a Verizon Wireless, and authorize the
Mayor to sign.
Motion by Vice Mayor St.Clair, second by Commissioner Keener, to approve the
presented lease with Muskegon Cellular Partnership by: Cellco Partnership
d/b/a Verizon Wireless, and authorize the Mayor to sign.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, German, Gorman, Kochin
Nays: None
MOTION PASSES
2024-10 NEW BUSINESS
A. City of Muskegon Code of Ethics Manager's Office
The City Commission had requested staff draft a code of Ethics. Upon
investigation, it was discovered that more than 10 years ago the City
Commission had adopted a Code of Ethics for the City. That Code is
recommended to be readopted by each commission going forward.
STAFF RECOMMENDATION: Readopt the City of Muskegon Ethics Policy as
presented.
Motion by Vice Mayor St.Clair, second by Commissioner Keener, to readopt the
City of Muskegon Ethics Policy as presented.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener, German, and
Gorman
Nays: None
MOTION PASSES
B. Lakeside Business Improvement District Board - City Manager/Designee
Manager's Office
The City Manager sits as a representative on the Lakeside Business Improvement
District (BID) Board. I am requesting the Commission to update the appointment
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language to the City Manager or their designee. When the Lakeside BID was
created, one of the board seats was intended for the City Manager. Because of
meeting times, it can be a challenge for the City Manager to attend the
meeting, which can create an issue with a quorum. The City Manager is asking
that the City staff representative to the Lakeside BID be given a bit more
flexibility to be the City Manager or their designee.
STAFF RECOMMENDATION: Appoint the City Manager or their designee to the
Lakeside BID board.
Motion by Commissioner Kilgo, second by Vice Mayor St.Clair, to appoint the
City Manager or their designee to the Lakeside BID board.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson,Kilgo, and German
Nays: None
MOTION PASSES
PUBLIC COMMENT ON NON-AGENDA ITEMS
Public comments received.
ADJOURNMENT
Motion by Commissioner German, second by Commissioner Kilgo, to adjourn at
7:05 p.m.
MOTION PASSES
Respectfully Submitted,
Ann Marie Meisch, MMC
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 23, 2024 Title: Consumers Energy Easement for the Water
Filtration Plant Tower
Submitted by: Dan VanderHeide, Public Works Department: Public Works
Director
Brief Summary:
Staff requests authorization to grant an easement to Consumers Energy for electric service to the
communications tower at the water filtration plant.
Detailed Summary & Background:
Verizon Wireless recently received their Critical Dune Permit from the State Department of EGLE,
which will allow them to begin installation of their antenna(s) and other equipment. In order to
supply power to the equipment, Consumers Energy needs to bring electic service to the site. This
route keeps the electric lines outside of the fence of the filtration plant, ensuring the minimal impact
on City operations. Staff recommends approval.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Sustainability in financial practices and infrastructure.
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move approval for staff to grant and easement to Consumers Energy on the water filtration plant
property for the purposes of bringing electric service to the plant's telecommunications tower.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
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Legal Review
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EASEMENT FOR ELECTRIC FACILITIES
SAP# 1068616647
Design# 11571438
Agreement# MI00000074892
CITY OF MUSKEGON, a municipal corporation, whose address is 933 Terrace Street, Muskegon, Michigan 49443 (hereinafter
“Owner”)
for $1.00 and other good and valuable consideration [exempt from real estate transfer tax pursuant to MCLA 207.505(f) and
from State real estate transfer tax pursuant to MCLA 207.526(f)] grants and warrants to
CONSUMERS ENERGY COMPANY, a Michigan corporation, One Energy Plaza, Jackson, Michigan 49201 (hereinafter “Consumers”)
a permanent easement to enter Owner’s land (hereinafter “Owner’s Land”) located in the City of Muskegon, County of Muskegon,
and State of Michigan as more particularly described in the attached Exhibit A to construct, operate, maintain, inspect (including
aerial patrol), survey, replace, reconstruct, improve, remove, relocate, change the size of, enlarge, and protect a line or lines of
electric facilities in, on, over, under, across, and through a portion of Owner's Land (hereinafter “Easement Area”) as more fully
described in the attached Exhibit B, together with any pole structures, poles, or any combination of same, wires, cables, conduits,
crossarms, braces, guys, anchors, transformers, electric control circuits and devices, location markers and signs, communication
systems, utility lines, protective apparatus and all other equipment, appurtenances, associated fixtures, and facilities, whether
above or below grade, useful or incidental to or for the operation or protection thereof, and to conduct such other activities as
may be convenient in connection therewith as determined by Consumers for the purpose of transmitting and distributing
electricity. Consumers may attach additional lines outside the Easement Area, running laterally from a line within the Easement
Area to the North, South, East and West edges of Owner’s Land, in which event the Easement Area shall include a 12-foot-wide
strip of land, being 6 feet on each side of each such lateral line.
Additional Work Space: In addition to the Easement rights granted herein, Owner further grants to Consumers, during initial
construction and installation only, the right to temporarily use such additional work space reasonably required to construct said
lines. Said temporary work space shall abut the Easement Area, on either side, as required by construction.
Access: Consumers shall have the right to unimpaired access to said line or lines, and the right of ingress and egress on, over,
and through Owner’s Land for any and all purposes necessary, convenient, or incidental to the exercise by Consumers of the rights
granted hereunder.
Trees and Other Vegetation: Owner shall not plant any trees within the Easement Area. Consumers shall have the right from time
to time hereafter to enter Owner’s Land to trim, cut down, and otherwise remove and control any trees, brush, roots, and other
vegetation within the Easement Area. Consumers shall have the right from time to time hereafter to enter Owner’s Land to trim,
cut down, and otherwise remove and control any trees, brush, or other vegetation located outside of the Easement Area which
are of such a height or are of such a species whose mature height that in falling directly to the ground could come into contact
with or land directly above Consumers’ facilities.
Buildings/Structures: Owner agrees not to build, create, construct, or permit to be built, created, or constructed, any obstruction,
building, septic system, drain field, fuel tank, pond, swimming pool, lake, pit, well, foundation, engineering works, installation or
any other type of structure over, under, or on said Easement Area, whether temporary or permanent, natural or man-made, without
a prior written agreement executed by Consumers’ Real Estate Department expressly allowing the aforementioned.
ESMT/ELEC/TM5-003 – 3/2021 Page 1 of 4
RFM – 1/27/2020
10/29/2021
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Ground Elevation: Owner shall not materially alter the ground elevation within the Easement Area without a prior written
agreement executed by Consumers Real Estate Department allowing said alteration.
Exercise of Easement: Consumers’ nonuse or limited use of this Easement shall not preclude Consumers’ later use of this
Easement to its full extent.
Ownership: Owner covenants with Consumers that they are the lawful fee simple owner of the aforesaid lands, and that they have
the right and authority to make this grant, and that they will forever warrant and defend the title thereto against all claims
whatsoever.
Successors: This Easement shall bind and benefit Owner’s and Consumers’ respective heirs, successors, lessees, licensees, and
assigns.
Counterparts: This Easement may be executed simultaneously in two or more counterparts, each of which shall be deemed an
original and all of which together shall constitute one and the same instrument. It is not necessary that all parties execute any
single counterpart if each party executes at least one counterpart.
Date: Owner: CITY OF MUSKEGON, a municipal corporation
Signature
By:
Print name
Its:
Print title
Acknowledgment
The foregoing instrument was acknowledged before me in County, ,
on by , of the City of Muskegon, a municipal
Date Name Title
corporation, on behalf of the corporation.
Notary Public
Print Name
County,
Acting in County
My Commission expires:
PROPERTY OWNERS MAIL REGISTER OF DEEDS OFFICE USE
SIGNED EASEMENT TO: ONLY
Brian Moore Prepared By: Return recorded instrument to:
Consumers Energy Company Miranda Fry 11/01/23 EP7-464 Carrie J. Main, EP7-464
700 E Sternberg Road Consumers Energy Company Consumers Energy Company
Muskegon, MI 49441 One Energy Plaza One Energy Plaza
Jackson, MI 49201 Jackson, MI 49201
Revised By: Miranda Fry 1/8/24
ESMT/ELEC/TM5-003 3/2021 Page 2 of 4
RFM – 1/27/2020
10/29/2021
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EXHIBIT A
Owner’s Land
Land situated in the City of Muskegon, County of Muskegon, State of Michigan:
A parcel of land in the Northeast 1/4 of Section 33, Town 10 North, Range 17 West, being described as: City of Muskegon Revised
Plat of 1903, that part of Block 731 Westerly of Water Works Road and Westerly of Lake Michigan Park Subdivision #1, as platted
also that part of Ash Street vacated lying Southerly of Lakeshore Drive and Westerly of Water Words Road.
Also known as: 1900 Beach Street, Muskegon, Michigan 49441
Parcel ID: 61-24-205-731-0001-00
ESMT/ELEC/TM5-003 3/2021 Page 3 of 4
RFM – 1/27/2020
10/29/2021
Page 20 of 165
EXHIBIT B
Easement Area
A 12.00-foot-wide strip of land, being 6.00 feet on each side of the centerline of the line constructed on Owner's Land, the
centerline to be located approximately as shown in the attached drawing.
ESMT/ELEC/TM5-003 3/2021 Page 4 of 4
RFM – 1/27/2020
10/29/2021
Page 21 of 165
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 23, 2024 Title: 2024 User Fees
Submitted by: Kenneth Grant, Finance Director Department: Finance
Brief Summary:
City Departments have reviewed and updated their user fees and these have been incorporated
into the Master Fee Resolution that is attached for your consideration.
Key Updates: (See Highlighted Items on the Spreadsheet for all of the changes)
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Focus Area/Action Item Addressed: Sustainability in financial practices & Increase Revenue
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion:
Approval of the 2024 Master Fee Resolution
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 22 of 165
City of Muskegon
RESOLUTION
2024-____
A resolution adopting fees for services in the City entitled "Master Fee Resolution".
The City of Muskegon hereby RESOLVES:
1. The City of Muskegon has in the past adopted resolutions from time to time which set fees for various services in the City.
2. That in addition to the specifically adopted resolution fees, there are fees which are charged pursuant to ordinances and
codes as well as the fees which are charged in the exercise of various other functions of the City which serve the public.
3. That the City Commission has reviewed all of the fees which are charged from time to time pursuant to resolution,
ordinance and in the affording of services to and for the public, and has determined to adopt the resolution a comprehensive
schedule of fees by this resolution which is hereby called the "Master Fee Resolution".
4. That the City Commission and its committees, with the advice of the staff of the City, have carefully investigated and
examined the fees set forth in this Master Resolution and have determined that they are reasonably related to the actual cost
of affording the services involved.
NOW, THEREFORE, THE CITY COMMISSION HEREBY RESOLVES:
1. That the schedule of fees attached to this resolution is hereby adopted and shall be charged for the services set forth in the
schedule and under the conditions set forth therein.
2. That any fees listed which are also listed in specific resolutions, rules or regulations, shall be charged in accordance with
those resolutions, rules and regulations, and with the practices of the City in affording the appropriate services.
3. That the adoption of this resolution does not amend or change previous specific resolutions for the charging of fees for
services, and does not preclude the existence of previous or future resolutions setting forth fees which are not included
herein.
This resolution adopted.
Ayes:
Nays:
Absent:
CITY OF MUSKEGON
____________________________________________
Ann Marie Meisch, City Clerk
CERTIFICATE
This Resolution was adopted at a meeting of the City Commission of the City of Muskegon, held on January 23, 2024.
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.
Ann Marie Meisch, City Clerk
Page 23 of 165
CITY OF MUSKEGON
2024 USER FEES
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
ADMINISTRATIVE OVERHEAD ON SALES TO
1 ALL TOTAL BALANCE DUE 15.00% 15.00%
OUTSIDE PARTIES
2 ALL COPIES FOR PUBLIC (STANDARD SIZES) PER COPY 0.25 0.25
3 ALL FAX CHARGE FOR INFORMATION REQUESTS PER PAGE 0.50 0.50
LATE FEE ON CITY RECEIVABLES (EXCEPT
4 ALL PAST DUE BALANCE 1.00% 1.00% PER MO./IMPOSED AFTER 30 DAYS
TAXES)
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
CEMETERIES EVERGREEN MAUSOLEUM
5 CEMETERIES EACH 1,500.00 1,500.00
(CRYPTS A-B)
CEMETERIES EVERGREEN MAUSOLEUM
6 CEMETERIES EACH 1,900.00 1,900.00
(CRYPTS A-B) NR *
CEMETERIES EVERGREEN MAUSOLEUM
7 CEMETERIES EACH 1,800.00 1,800.00
(CRYPTS C-F)
CEMETERIES EVERGREEN MAUSOLEUM
8 CEMETERIES EACH 2,200.00 2,200.00
(CRYPTS C-F) NR *
9 CEMETERIES CEMETERIES GRAVE PRICES (EVERGREEN) ONE GRAVE 830.00 830.00 50% GOES TO PERPETUAL CARE
10 CEMETERIES CEMETERIES GRAVE PRICES (EVERGREEN) TWO GRAVES 1,500.00 1,500.00 50% GOES TO PERPETUAL CARE
CEMETERIES GRAVE PRICES (EVERGREEN) NR
11 CEMETERIES TWO GRAVES 1,800.00 1,800.00 50% GOES TO PERPETUAL CARE
*
CEMETERIES GRAVE PRICES (EVERGREEN) NR
12 CEMETERIES ONE GRAVE 1,000.00 1,000.00 50% GOES TO PERPETUAL CARE
*
13 CEMETERIES CEMETERIES GRAVE PRICES (LAKESIDE) ONE GRAVE 830.00 830.00 50% GOES TO PERPETUAL CARE
14 CEMETERIES CEMETERIES GRAVE PRICES (LAKESIDE) TWO GRAVES 1,500.00 1,500.00 50% GOES TO PERPETUAL CARE
15 CEMETERIES CEMETERIES GRAVE PRICES (LAKESIDE) NR * ONE GRAVE 1,000.00 1,000.00 50% GOES TO PERPETUAL CARE
16 CEMETERIES CEMETERIES GRAVE PRICES (LAKESIDE) NR * TWO GRAVES 1,800.00 1,800.00 50% GOES TO PERPETUAL CARE
17 CEMETERIES CEMETERIES GRAVE PRICES (OAKWOOD) ONE GRAVE 830.00 830.00 50% GOES TO PERPETUAL CARE
18 CEMETERIES CEMETERIES GRAVE PRICES (OAKWOOD) TWO GRAVES 1,500.00 1,500.00 50% GOES TO PERPETUAL CARE
CEMETERIES GRAVE PRICES (OAKWOOD) NR
19 CEMETERIES TWO GRAVES 1,800.00 1,800.00 50% GOES TO PERPETUAL CARE
*
CEMETERIES GRAVE PRICES (OAKWOOD) NR
20 CEMETERIES ONE GRAVE 1,000.00 1,000.00 50% GOES TO PERPETUAL CARE
*
CEMETERIES GRAVE PRICES (RESTLAWN-
21 CEMETERIES ONE GRAVE 800.00 800.00 50% GOES TO PERPETUAL CARE
FLUSH MARKER)
CEMETERIES GRAVE PRICES (RESTLAWN-
22 CEMETERIES TWO GRAVES 1,435.00 1,435.00 50% GOES TO PERPETUAL CARE
FLUSH MARKER)
CEMETERIES GRAVE PRICES (RESTLAWN-
23 CEMETERIES ONE GRAVE 900.00 900.00 50% GOES TO PERPETUAL CARE
FLUSH MARKER) NR *
CEMETERIES GRAVE PRICES (RESTLAWN-
24 CEMETERIES TWO GRAVES 1,550.00 1,550.00 50% GOES TO PERPETUAL CARE
FLUSH MARKER) NR *
CEMETERIES GRAVE PRICES (RESTLAWN-
25 CEMETERIES ONE GRAVE 835.00 835.00 50% GOES TO PERPETUAL CARE
UPRIGHT MARKER)
CEMETERIES GRAVE PRICES (RESTLAWN-
26 CEMETERIES TWO GRAVES 1,500.00 1,500.00 50% GOES TO PERPETUAL CARE
UPRIGHT MARKER)
CEMETERIES GRAVE PRICES (RESTLAWN-
27 CEMETERIES ONE GRAVE 1,000.00 1,000.00 50% GOES TO PERPETUAL CARE
UPRIGHT MARKER) NR *
CEMETERIES GRAVE PRICES (RESTLAWN-
28 CEMETERIES TWO GRAVES 1,800.00 1,800.00 50% GOES TO PERPETUAL CARE
UPRIGHT MARKER) NR *
CEMETERIES IN-GOUND SPACE FOR
29 CEMETERIES EACH 350.00 350.00
CREMAINS (RESTLAWN)
CEMETERIES IN-GOUND SPACE FOR
30 CEMETERIES EACH 400.00 400.00
CREMAINS (RESTLAWN) NR*
CEMETERIES GRAVE PRICES (1/2 GRAVE--ALL
31 CEMETERIES EACH 600.00 600.00
CEMETERIES)
CEMETERIES GRAVE PRICES (1/2 GRAVE--ALL
32 CEMETERIES EACH 650.00 650.00
CEMETERIES) NR *
33 CEMETERIES CEMETERIES OPENING (1/2 GRAVE) EACH 300.00 300.00
34 CEMETERIES CEMETERIES OPENING (1/2 GRAVE) NR * EACH 350.00 350.00
35 CEMETERIES CEMETERIES OPENING (CREMATION) EACH 350.00 350.00
36 CEMETERIES CEMETERIES OPENING (CREMATION) NR * EACH 400.00 400.00
CEMETERIES SECOND CREMAINS (OPEN
37 CEMETERIES EACH 80.00 80.00 FOR ADDITIONAL ASHES
GRAVESITE)
38 CEMETERIES CEMETERIES OPENING EACH 500.00 500.00
39 CEMETERIES CEMETERIES OPENING NR * EACH 600.00 600.00
CEMETERIES OPENING (STILLBORN IN
40 CEMETERIES EACH 175.00 175.00
BABYLAND)
CEMETERIES OPENING (STILLBORN IN
41 CEMETERIES EACH 200.00 200.00
BABYLAND) NR *
CEMETERIES OPENING (STILLBORN NOT IN
42 CEMETERIES EACH 300.00 300.00
BABYLAND)
CEMETERIES OPENING (STILLBORN NOT IN
43 CEMETERIES EACH 350.00 350.00
BABYLAND) NR *
CEMETERIES OVERTIME (MON-FRI AFTER
44 CEMETERIES EACH 400.00 400.00
2:30PM)
45 CEMETERIES CEMETERIES OVERTIME (SATURDAYS) EACH 500.00 500.00
CEMETERIES OVERTIME (SUNDAYS AND
46 CEMETERIES EACH 600.00 600.00
HOLIDAYS)
47 CEMETERIES CEMETERIES WEEKEND/HOLIDAY LATE FEE EACH 400.00 400.00 IF MORE THAN 1 HOUR PAST SCHEDULED BURIAL TIME.
CEMETERIES NICHES COLUMBARIUUM (TOP
48 CEMETERIES EACH 900.00 900.00
2 ROWS)
CEMETERIES NICHES COLUMBARIUM NR
49 CEMETERIES EACH 950.00 950.00
(TOP 2 ROWS)
CEMETERIES NICHES COLUMBARIUUM
50 CEMETERIES EACH 700.00 700.00
(BOTTOM 2 ROWS)
CEMETERIES NICHES COLUMBARIUM NR
51 CEMETERIES EACH 750.00 750.00
(BOTTOM 2 ROWS)
52 CEMETERIES CEMETERIES NICHES (OPEN/CLOSING) EACH 150.00 150.00
53 CEMETERIES CEMETERIES NICHES (OPEN/CLOSING) NR EACH 200.00 200.00
54 CEMETERIES CEMETERIES HEADSTONE SERVICE PER SQUARE INCH 0.55 0.55 MINIMUM $60.00
CEMETERIES SERVICE (GOVERNMENT
55 CEMETERIES EACH 60.00 60.00
MARKERS)
56 CEMETERIES CEMETERIES SERVICE (MAUSOLEUM VASES) EACH 75.00 75.00
CEMETERIES SERVICE HEADSTONE PRE-
57 CEMETERIES EACH 25.00 25.00
PLACEMENT
Page 24 of 165
CITY OF MUSKEGON
2024 USER FEES
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
ADMINISTRATIVE OVERHEAD ON SALES TO
1 ALL TOTAL BALANCE DUE 15.00% 15.00%
OUTSIDE PARTIES
2 ALL COPIES FOR PUBLIC (STANDARD SIZES) PER COPY 0.25 0.25
3 ALL FAX CHARGE FOR INFORMATION REQUESTS PER PAGE 0.50 0.50
LATE FEE ON CITY RECEIVABLES (EXCEPT
4 ALL PAST DUE BALANCE 1.00% 1.00% PER MO./IMPOSED AFTER 30 DAYS
TAXES)
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
CEMETERIES SERVICE HEADSTONE SETTING
58 CEMETERIES EACH 75.00 75.00
FEE
CEMETERIES SERVICE (SMALL VASES)
59 CEMETERIES EACH 50.00 50.00
RESTLAWN
60 CEMETERIES ENTOMBMENT - EVERGREEN MAUSOLEM EACH 300.00 300.00
ENTOMBMENT NR - EVERGREEN
61 CEMETERIES EACH 400.00 400.00
MAUSOLEUM
EVERGREEN MAUSOLEUM CRYPT COVER IF ENGRAVING NOT COMPLETED WITHIN 30 DAYS OF
62 CEMETERIES 200.00 200.00
REMOVAL ENTOMBMENT
TRANSFER & AFFIDAVIT FEE PER GRAVE
63 CEMETERIES EACH 200.00 200.00
SPACE
64 CEMETERIES CHAPEL FUNERAL SERVICE EACH 200.00 200.00
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
65 CLERK ADDRESS LABELS - VOTER REGISTRATION EACH 0.05 0.05
66 CLERK BUSINESS REGISTRATION EACH 35.00 35.00
BUSINESS TRANSIENT/PEDDLER - RENEWAL
67 CLERK ANNUAL 150.00 150.00
MAY 1ST
BUSINESS AUCTIONEER LICENSE
68 CLERK PER DAY 10.00 10.00
(INDIVIDUAL EVENT)
69 CLERK BUSINESS AUCTIONEER LICENSE (REGULAR) PER YEAR 100.00 100.00
70 CLERK AUCTION FEE PER DAY 30.00 30.00
71 CLERK BUSINESS ENTERTAINMENT OCCUPANCY PER YEAR 125.00 125.00
GAMING LICENSE REQUEST/PERMIT (30
72 CLERK EACH 75.00 75.00
DAYS OR MORE ADVANCE NOTICE)
GAMING LICENSE REQUEST (LESS THAN 30
73 CLERK EACH 100.00 100.00
DAYS ADVANCE NOTICE)
CHARGED TO LAW FIRMS AND OTHER FOR PROFIT ORGANIZATIONS
74 CLERK CITY HALL CONFERENCE ROOM RENTAL PER HOUR 25.00 25.00
WISHING TO USE FACILITIES FOR NON-CITY RELATED BUSINESS
ENCROACHMENT/RENTAL FEE (BUS
75 CLERK PER BENCH/PERMONTH 5.00 5.00
BENCHES)
FIREWORKS DISPLAY PERMIT PROCESSING
76 CLERK EACH 75.00 75.00
FEE (30 OR MORE DAYS ADVANCE NOTICE)
FIREWORKS DISPLAY PERMIT PROCESSING
77 CLERK EACH 150.00 150.00
FEE (LESS THAN 30 DAYS ADVANCE NOTICE)
LIQUOR LICENSE RENEWAL (BEFORE
78 CLERK EACH 100.00 100.00
FEBRUARY 28)
LIQUOR LICENSE RENEWAL (AFTER
79 CLERK EACH 150.00 150.00
FEBRUARY 28)
LIQUOR LICENSE TRANSFER OF OWNERSHIP
80 CLERK EACH 250.00 250.00
OR LOCATION
DEVELOPMENT DISTRICT AREA CLASS-C ON-
81 CLERK PREMISES LIQUOR LICENSE (FORMERLY EACH 2,500.00 2,500.00 SAME REVIEW PROCESS AS FOR RENEWAL
DOWNTOWN DEV AUTH LICENSE)
82 CLERK NEW LIQUOR LICENSE EACH 1,000.00 1,000.00 REPLACES FEES ABOVE
83 CLERK GOING OUT OF BUSINESS SALE EACH 50.00 50.00 UP TO ONE MONTH - RENEWABLE
LIQUOR LICENSE (EXPANSION OF EXISTING
84 CLERK EACH 25.00 25.00
LICENSE)
85 CLERK MOBILE FOOD VENDING PERMIT ANNUAL 300.00 300.00 APPROVED BY COMMISSION IN 2014
MOBILE FOOD VENDING PERMIT (BRICK &
86 CLERK ANNUAL 150.00 150.00 APPROVED BY COMMISSION IN 2014
MORTAR RESTAURANT IN CITY)
MOBILE FOOD VENDING PERMIT (BRICK &
87 CLERK ANNUAL 50.00 50.00 APPROVED BY COMMISSION IN 2014
MORTAR RESTAURANT IN DDA DISTRICT)
88 CLERK PASSPORT APPLICATION FEE EACH 35.00 35.00 PER FEDERAL LAW
89 CLERK PASSPORT PHOTO FEE EACH 15.00 15.00
90 CLERK MONEY ORDERS EACH 5.00 5.00 NEW SERVICE & FEE
91 CLERK PRECINCT MAPS (SMALL) EACH 2.00 2.00
92 CLERK PUBLIC NOTARY FEE EACH 5.00 5.00 CONSISTENT WITH COUNTY FEE
SPECIAL EVENT PARKING FEE (UNDER 50
93 CLERK PER EVENT 25.00 25.00 APPROVED BY COMMISSION IN 2014
PARKING SPOTS)
SPECIAL EVENT PARKING FEE (OVER 50
94 CLERK PER EVENT 50.00 50.00 APPROVED BY COMMISSION IN 2014
PARKING SPOTS)
TELECOMMUNICATIONS ACT NEW
95 CLERK EACH 500.00 500.00 PER NEW STATE TELECOMMUNICATIONS ACT
PROVIDER FEE
96 CLERK VOTER INFORMATION - ELECTRONIC EACH 25.00 25.00
97 CLERK VOTER REGISTRATION - HARDCOPY LIST PER LISTING 0.01 0.01
98 CLERK VOTER REGISTRATION - MAILING LABELS PER LABEL 0.05 0.05
.75 each everywhere except they are .25 for the first 1,000 for
establishments northeast of Terrace and in the separate Lakeside
99 CLERK SOCIAL DISTRICT STICKERS EACH 0.75 *NEW FEE*
Social District. This resets each year. To be purchased in increments
of 1,000 (a whole roll).
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
100 CNS MORTGAGE REFINANCE FEE EACH 50.00 50.00
101 CNS REHAB LOAN APPLICATION FEE EACH 200.00 200.00
102 CNS FAÇADE PROGRAM - 50% AMI AND BELOW EACH 60.00 60.00 ELIGIBLITY FEE
103 CNS FAÇADE PROGRAM - 51% - 60% AMI EACH 250.00 250.00 ELIGIBLITY FEE
104 CNS FAÇADE PROGRAM - 61% TO 80% AMI EACH 500.00 500.00 ELIGIBLITY FEE
105 CNS PRIORITY HOME REPAIR APPLICATION FEE EACH 60.00 60.00
106 CNS RENTAL REHAB APPLICATION FEE PER LOAN 100.00 100.00
Page 25 of 165
CITY OF MUSKEGON
2024 USER FEES
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
ADMINISTRATIVE OVERHEAD ON SALES TO
1 ALL TOTAL BALANCE DUE 15.00% 15.00%
OUTSIDE PARTIES
2 ALL COPIES FOR PUBLIC (STANDARD SIZES) PER COPY 0.25 0.25
3 ALL FAX CHARGE FOR INFORMATION REQUESTS PER PAGE 0.50 0.50
LATE FEE ON CITY RECEIVABLES (EXCEPT
4 ALL PAST DUE BALANCE 1.00% 1.00% PER MO./IMPOSED AFTER 30 DAYS
TAXES)
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
107 DPW ADDITIONAL GARBAGE SERVICE (1 TOTER) PER MONTH 13.00 13.00
108 DPW APPLIANCE STICKER EACH 25.00 25.00
109 DPW ENCROACHMENT PERMIT APPLICATION FEE EACH 100.00 100.00
110 DPW ENCROACHMENT PERMIT CERTIFICATE FEE EACH LOCATION 50.00 50.00 SAME AS RENEWAL FEE
111 DPW ENCROACHMENT 1-YEAR RENEWAL EACH 25.00 25.00
ENCROACHMENT 1-YEAR RENEWAL
112 DPW EACH 50.00 50.00
(INSPECTION REQ'D)
ENCROACHMENT PERMIT TO WORK IN R-O-
113 DPW PER UNIT 10.00 10.00 OR ACTUAL COSTS (WHICHEVER IS GREATER)
W
GARBAGE CART REPLACEMENT - DAMAGED
114 DPW EACH 55.00 55.00
BY USER
115 DPW GARBAGE SERVICE - SMALL BUSINESS PER MONTH 16.00 16.00 INCLUDES CHURCHES AND NON-PROFITS
GARBAGE SERVICE - UNAUTORIZED USE OF
116 DPW PER INCIDENT 50.00 50.00
CARTS
GARBAGE SERVICE - REPLACE LOST/STOLEN
117 DPW EACH 55.00 55.00
CART
118 DPW GARBAGE SERVICE - NEW SERVICE STARTUP EACH 55.00 55.00
119 DPW GARBAGE SERVICE - MIXED REFUSE STICKER EACH 3.00 3.00 BUY 4 FOR $10 - UNIT PRICE $2.5/EA
FEE FOR SPECIAL COLLECTION OF ILLIEGAL
120 DPW EACH 50.00 50.00 OR ACTUAL COSTS (WHICHEVER IS GREATER)
MATERIALS
FEE FOR BULK YARD WASTE DROP OFF
121 DPW (DURING REGULAR HOURS) - BY EACH 25.00 25.00
APPOINTMENT ONLY
122 DPW REPLACE EMPLOYEE ID/ACCESS TKC CARD PER LOST CARD 10.00 10.00 REACTIVATED FEE
123 ENGINEERING STORM SEWER CONNECTION FEE EACH 1,200.00 1,200.00 CONNECTION FEE ONLY, WORK BY OTHERS
124 DPW TREE REPLACEMENT PLANTING FEE EACH 200.00 200.00
TREE REMOVAL FEE (12" AND UNDER
125 DPW EACH 200.00 200.00 TREE MEASURED AT 4' ABOVE GRADE
DIAMETER)
126 DPW TREE REMOVAL FEE (12" - 18" DIAMETER) EACH 500.00 500.00 TREE MEASURED AT 4' ABOVE GRADE
127 DPW TREE REMOVAL FEE (18" - 24" DIAMETER) EACH 650.00 650.00 TREE MEASURED AT 4' ABOVE GRADE
128 DPW TREE REMOVAL FEE (24" - 30" DIAMETER) EACH 750.00 750.00 TREE MEASURED AT 4' ABOVE GRADE
129 DPW TREE REMOVAL FEE (30" - 36" DIAMETER) EACH 1,000.00 1,000.00 TREE MEASURED AT 4' ABOVE GRADE
130 DPW TREE REMOVAL FEE (36" - 42" DIAMETER) EACH 1,700.00 1,700.00 TREE MEASURED AT 4' ABOVE GRADE
TREE REMOVAL FEE (42" AND OVER
131 DPW EACH 1,900.00 1,900.00 TREE MEASURED AT 4' ABOVE GRADE
DIAMETER)
132 DPW HANG AND/OR REMOVE BANNER EACH REQUEST 450.00 450.00 EACH ADDITIONAL BANNER: $50.00
133 DPW USE OF BIKE PATH FOR ORGANIZED EVENTS EACH EVENT 200.00 200.00 PER EVENT
EXCLUSIVE USE OF HACKLEY PARK FOR EXCLUSIVE USE OF HACKLEY PARK FOR SPECIAL EVENTS USING A
134 DPW (PARKS) PER DAY 500.00 500.00
SPECIAL EVENTS LIQUOR LICENSE
EXCLUSIVE USE OF PERE MARQUETTE LARGE
135 DPW (PARKS) PER DAY 250.00 1,000.00 EACH VEHICLE MUST HAVE BEACH PARKING PASS 300.00%
OVAL FOR SPECIAL EVENTS
EXCLUSIVE USE OF OTHER PERE MARQUETTE
135 DPW (PARKS) PER DAY 400.00 EACH VEHICLE MUST HAVE BEACH PARKING PASS *NEW FEE*
PARKING LOTS FOR SPECIAL EVENTS
EXCLUSIVE USE OF HARBOUR TOWNE BEACH
136 DPW (PARKS) PER DAY 1,500.00 1,500.00
FOR SPECIAL EVENTS
USE FEE IN ADDITION TO SPECIAL EVENT
137 DPW (PARKS) PER DAY 125.00 125.00
APPLICLATION FEE
CLEANING DEPOSIT FOR EXCLUSIVE USE OF
138 DPW (PARKS) HACKLEY, PERE MARQUETTE OR MARGARET EACH 50.00 50.00
DRAKE ELLIOTT PARKS - SPECIAL EVENT
139 DPW (PARKS) PARK BUILDING USE PER SESSION 175.00 175.00 11AM-7PM RENTAL ($50 REFUNDABLE FOR CLEANING DEPOSIT)
140 DPW (PARKS) PARK BUILDING USE PER DAY 225.00 225.00 9AM-11PM RENTAL ($50 REFUNDABLE FOR CLEANING DEPOSIT)
141 DPW (PARKS) PARK BUILDING USE PER SESSION 125.00 125.00 9-3 or 4-11 SESSIONS (+$50 REFUNDABLE FOR CLEANING DEPOSIT)
PARK BUILDING USE (CLEANING/SECURITY
142 DPW (PARKS) EACH 50.00 50.00 ALL BUILDINGS
DEPOSIT)
143 DPW (PARKS) MC GRAFT PARK MUSIC BOWL HOUR 45.00 45.00
PARKS (LIGHT COSTS SPORT FIELDS &
144 DPW (PARKS) EACH 40.00 40.00
COURTS)
DELIVERY/PICK-UP NOT INCLUDED. ADDITIONAL COSTS FOR LABOR
145 DPW (PARKS) PARKS (WOOD SNOW FENCE RENTAL) EACH 30.00 30.00 ($60.00/HR)AND VEHICLE RENTAL WILL APPLY IF DELEVERY OR PICK-
UP IS REQUIRED
DELIVERY/PICK-UP NOT INCLUDED. ADDITIONAL COSTS FOR LABOR
146 DPW (PARKS) PARKS (USE OF GARBAGE CANS) EACH 5.00 10.00 ($60.00/HR)AND VEHICLE RENTAL WILL APPLY IF DELEVERY OR PICK- 100.00%
UP IS REQUIRED
SPORTS FIELD & COURT RENTAL (EXLUDES
147 DPW (PARKS) 2 HOUR RENTAL 25.00 25.00
SETUP SERVICES)
148 DPW (PARKS) CHANNEL SHELTER RENTAL PER DAY 50.00 50.00 9am-11pm
149 DPW (PARKS) CHANNEL SHELTER RENTAL EACH SESSION 25.00 25.00 Sessions are 9 am-3 pm or 4 pm-11 pm
Kruse#4 & Margaret Drake Elliot Sessions are 9 am-3 pm or 4 pm-11
150 DPW (PARKS) PICNIC SHELTER RENTAL EACH SESSION 30.00 30.00
pm
151 DPW (PARKS) PICNIC SHELTER RENTAL EACH SESSION 50.00 50.00 Seyferth Park Sessions are 9 am-3 pm or 4 pm-11 pm
152 DPW (PARKS) PICNIC SHELTER RENTAL PER DAY 60.00 60.00 Kruse#4 & Margaret Drake Elliot from 9am-11pm
153 DPW (PARKS) PICNIC SHELTER RENTAL PER DAY 100.00 100.00 Seyferth Park
154 DPW (PARKS) PICNIC SHELTER RENTAL EACH SESSION 25.00 25.00 Kruse 1, 2 and 3 from Sessions are 9 am-3 pm or 4 pm-11 pm
155 DPW (PARKS) PICNIC SHELTER RENTAL EACH SESSION 75.00 75.00 Beachwood Sessions are 9 am-3 pm or 4 pm-11 pm
Campbell and Smith Ryerson
156 DPW (PARKS) PICNIC SHELTER RENTAL EACH SESSION 50.00 50.00
Sessions are 9 am-3 pm or 4 pm-11 pm
157 DPW (PARKS) PICNIC SHELTER RENTAL PER DAY 75.00 75.00 Campbell and Smith Ryerson
Page 26 of 165
CITY OF MUSKEGON
2024 USER FEES
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
ADMINISTRATIVE OVERHEAD ON SALES TO
1 ALL TOTAL BALANCE DUE 15.00% 15.00%
OUTSIDE PARTIES
2 ALL COPIES FOR PUBLIC (STANDARD SIZES) PER COPY 0.25 0.25
3 ALL FAX CHARGE FOR INFORMATION REQUESTS PER PAGE 0.50 0.50
LATE FEE ON CITY RECEIVABLES (EXCEPT
4 ALL PAST DUE BALANCE 1.00% 1.00% PER MO./IMPOSED AFTER 30 DAYS
TAXES)
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
158 DPW (PARKS) PICNIC SHELTER RENTAL PER DAY 50.00 50.00 For Kruse 1, 2 and 3 from 9am-11pm
159 DPW (PARKS) PICNIC SHELTER RENTAL PER DAY 125.00 125.00 Beachwood 9am-11pm
160 DPW (PARKS) PICNIC SHELTER RENTAL EACH SESSION 25.00 25.00 Beukema Pavilion Sessions are 9 am-3 pm or 4 pm-11 pm
161 DPW (PARKS) PICNIC SHELTER RENTAL PER DAY 50.00 50.00 Beukema Pavilion
PICNIC SHELTER RENTAL RESERVATION
162 DPW (PARKS) EACH 15.00 15.00
CHANGE
163 DPW (PARKS) CLEANING FEE FOR RENTALS EACH 75.00 75.00 NOT CHARGED IF FACILITY LEFT CLEAN
GROUPED TABLES (4) AT DRAKE-ELLIOTT (48
164 DPW (PARKS) EACH SESSION 25.00 25.00
PEOPLE)
GROUPED TABLES (4) AT DRAKE-ELLIOTT (48
165 DPW (PARKS) PER DAY 50.00 50.00 9am-11pm
PEOPLE)
WEDDING RESERVATIONS-MCGRAFT
166 DPW (PARKS) EACH 150.00 150.00
LAGOON
167 DPW (PARKS) WEDDING RESERVATIONS-PERE MARQUETTE EACH 175.00 175.00
WEDDING RESERVATIONS-CHANNEL AREA
168 DPW (PARKS) EACH 200.00 200.00 WEDDING RESERVATIONS
(INCLUDES SHELTER)
ICE CREAM MACHINE RENTAL INCLUDING 2-
169 DPW (PARKS) EACH 500.00 500.00
BAGS OF ICE CREAM MIX
170 DPW (PARKS) ICE CREAM MACHINE DEPOSIT EACH 250.00 250.00
ICE CREAM MACHINE MIX - ADDITIONAL
171 DPW (PARKS) EACH 30.00 30.00
BAG
172 DPW (PARKS) KEY DEPOSIT (RESTROOM) EACH 25.00 25.00
DELIVERY/PICK-UP NOT INCLUDED. ADDITIONAL COSTS FOR LABOR
173 DPW (PARKS) CITY SERVICES RENTAL OF POSTS EACH POST 3.00 3.00 ($60.00/HR)AND VEHICLE RENTAL WILL APPLY IF DELEVERY OR PICK-
UP IS REQUIRED
CITY SERVICES (LABOR PARKS OR DPW
174 DPW (PARKS) PER HOUR 60.00 60.00
STAFF)
CITY SERVICES (LABOR PARKS OR DPW
175 DPW (PARKS) PER HOUR 120.00 SUNDAYS AND HOLIDAYS *NEW FEE*
STAFF)
176 DPW (PARKS) RENTAL OF BLEACHERS EACH 100.00 100.00
177 DPW (PARKS) BEACH PARKING DAILY RATE MON-THURS EACH 7.00 7.00
178 DPW (PARKS) BEACH PARKING DAILY RATE WEEKENDS EACH 10.00 10.00
179 DPW (PARKS) BEACH PARKING ANNUAL PASS EACH 20.00 20.00
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
180 ENGINEERING WIDE LOAD PERMIT EACH 50.00 50.00
CHARGE FOR BLUEPRINTS (PLANS & UTILITY
181 ENGINEERING EACH 8.00 8.00
MAPS)
182 ENGINEERING CHARGE FOR BID DOCUMENTS EACH 40.00 40.00
183 ENGINEERING STORM WATER MANAGEMENT REVIEW FEE EACH REVIEW 2,000.00 2,000.00 ADDITIONAL FEES MAY APPLY AS NEEDED
REPLACE/ INSTALL RESIDENTIAL DRIVEWAY
184 ENGINEERING EACH UNIT 25.00 25.00 SIDEWALK/DRIVE APPROACHES, LANDSCAPING
IN RIGHT OF WAY
185 ENGINEERING UTILITY ANNUAL PERMIT FEE EACH 1,750.00 1,750.00
186 ENGINEERING UTILITY CUT PERMIT FEE UNIT 20.00 20.00
UTILITY CUT (PAVEMENT REMOVAL-
187 ENGINEERING SQUARE YARD 100.00 100.00 FEES ADJUSTED TO REFLECT RESIDUAL VALUE
PAVEMENT <4 YEARSOLD)
UTILITY CUT (PAVEMENT REMOVAL-
188 ENGINEERING SQUARE YARD 75.00 75.00 FEES ADJUSTED TO REFLECT RESIDUAL VALUE
PAVEMENT 4-9 YEARSOLD)
UTILITY CUT (PAVEMENT REMOVAL-
189 ENGINEERING SQUARE YARD 50.00 50.00 FEES ADJUSTED TO REFLECT RESIDUAL VALUE
PAVEMENT >10 YEARSOLD)
ROAD CLOSURE (EXCLUDING SPECIAL
190 ENGINEERING EACH 25.00 25.00
EVENTS)
191 ENGINEERING DUMPSTER IN ROAD OR RIGHT OF WAY EACH 25.00 25.00
REPLACE/ INSTALL SIDEWALK IN RIGHT OF
192 ENGINEERING EACH UNIT 25.00 25.00
WAY
REPLACE/ INSTALL COMMERCIAL DRIVEWAY
193 ENGINEERING EACH UNIT 50.00 50.00
IN RIGHT OF WAY
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
193 ENV SERVICES ALERT NOTIFICATION - FAX ANNUAL - LOCAL SERVICE NOW FREE VIA EMAIL
194 ENV SERVICES ALERT NOTIFICATION - FAX ANNUAL - LONG DISTANCE SERVICE NOW FREE VIA EMAIL
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
PUBLIC SAFETY - CODE
195 TERRACE VIOLATIONS ADMINISTRATION FEE FIRST VIOLATION 50.00 50.00 PLUS HOURLY COST FOR WORK PERFORMED.
ENFORCEMENT
PLUS HOURLY COST FOR WORK PERFORMED. FEE FOR EACH
PUBLIC SAFETY - CODE TERRACE VIOLATIONS ADMINISTRATION FEE
196 EACH SUBSEQUENT 10.00 10.00 SUBSEQUENT VIOLATIONS INCREMENT $50 (E.G. 2ND VIOLATION =
ENFORCEMENT (EACH SUBSEQUENT IN YEAR)
$60; 3RD = $70, ETC
PUBLIC SAFETY - CODE
197 GRASS, TRASH AND LEAF VIOLATIONS FIRST VIOLATION 100.00 100.00 PLUS HOURLY COST FOR WORK PERFORMED.
ENFORCEMENT
PLUS HOURLY COST FOR WORK PERFORMED. FEE FOR EACH
PUBLIC SAFETY - CODE GRASS, TRASH AND LEAF VIOLATIONS (EACH
198 EACH SUBSEQUENT 20.00 20.00 SUBSEQUENT VIOLATIONS INCREMENT $90 (E.G. 2ND VIOLATION =
ENFORCEMENT SUBSEQUENT IN YEAR)
$105; 3RD = $120, ETC
PUBLIC SAFETY - CODE
199 LATE FEE ON INVOICES OVER 30 DAYS EACH INVOICE 15.00 15.00
ENFORCEMENT
PUBLIC SAFETY - CODE
200 CE DISPOSAL FEE EACH INVOICE 50.00 50.00
ENFORCEMENT
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
201 CITY-CODE COMPLIANCE VACANT BUILDING REGISTRATION VACANT BUILDING 0.00 0.00 VACANT LESS THAN ONE YEAR
202 CITY-CODE COMPLIANCE VACANT BUILDING REGISTRATION VACANT BUILDING 100.00 100.00 VACANT 1 YEAR OR MORE (RESIDENTIAL)
203 CITY-CODE COMPLIANCE VACANT BUILDING REGISTRATION VACANT BUILDING 500.00 500.00 VACANT 1 YEAR OR MORE (COMMERCIAL)
204 CITY-CODE COMPLIANCE VACANT BUILDING REGISTRATION VACANT BUILDING 500.00 500.00 VACANT 1 YEAR OR MORE (INDUSTRIAL)
Page 27 of 165
CITY OF MUSKEGON
2024 USER FEES
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
ADMINISTRATIVE OVERHEAD ON SALES TO
1 ALL TOTAL BALANCE DUE 15.00% 15.00%
OUTSIDE PARTIES
2 ALL COPIES FOR PUBLIC (STANDARD SIZES) PER COPY 0.25 0.25
3 ALL FAX CHARGE FOR INFORMATION REQUESTS PER PAGE 0.50 0.50
LATE FEE ON CITY RECEIVABLES (EXCEPT
4 ALL PAST DUE BALANCE 1.00% 1.00% PER MO./IMPOSED AFTER 30 DAYS
TAXES)
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
VACANT 5 YEARS BUT LESS THAN 10 YEARS. IF THIS MEETS
205 CITY-CODE COMPLIANCE VACANT BUILDING REGISTRATION VACANT BUILDING
STANDARD, THEN REDUCED TO $3,500.
206 CITY-CODE COMPLIANCE VACANT BUILDING REGISTRATION VACANT BUILDING VACANT 10 YEARS
207 CITY-CODE COMPLIANCE VACANT BUILDING REGISTRATION VACANT BUILDING EACH YEAR VACANT BEYOND 10 YEARS
VACANT BUILDING ADMINISTRATIVE
208 CITY-CODE COMPLIANCE OCCURRENCE 25.00 25.00 NON-REFUNDABLE FEE
APPEAL FEE (31-60 DAYS LATE)
VACANT BUILDING ADMINISTRATIVE
209 CITY-CODE COMPLIANCE OCCURRENCE 35.00 35.00 NON-REFUNDABLE FEE
APPEAL FEE (61-90 DAYS LATE)
VACANT BUILDING REGISTRATION - FORMAL
210 CITY-CODE COMPLIANCE OCCURRENCE 50.00 50.00 NON-REFUNDABLE FEE
APPEAL FEE
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
RENTAL PROPERTY REGISTRATION PER
211 PUBLIC SAFETY - RENTAL SINGLE UNIT 100.00 100.00 INCLUDES ONE INSPECTION EVERY 3 YEARS FOR COMPLIANCE
PARCEL (LONG TERM)
RENTAL PROPERTY REGISTRATION PER
212 PUBLIC SAFETY - RENTAL SINGLE UNIT 250.00 250.00 INSPECTIONS FOR SHORT TERM RENTALS
PARCEL (SHORT TERM)
RENTAL PROPERTY REGISTRATION PER
213 PUBLIC SAFETY - RENTAL DUPLEX 90.00 90.00 INCLUDES ONE INSPECTION EVERY 3 YEARS FOR COMPLIANCE
PARCEL (ANNUAL)
RENTAL PROPERTY REGISTRATION (ANNUAL -
214 PUBLIC SAFETY - RENTAL 3 UNITS 110.00 110.00 INCLUDES ONE INSPECTION EVERY 3 YEARS FOR COMPLIANCE
BASE)
RENTAL PROPERTY REGISTRATION (ANNUAL -
215 PUBLIC SAFETY - RENTAL PER UNIT OVER 3 15.00 15.00 INCLUDES ONE INSPECTION EVERY 3 YEARS FOR COMPLIANCE
PER PARCEL OVER 3)
RENTAL PROPERTY INSPECTION (INSPECTION
216 PUBLIC SAFETY - RENTAL NO-SHOW FIRST TIME OR LATE PER UNIT 70.00 70.00 FEE ASSESSED FOR NO-SHOW/LOCK OUT OR LATE CANCELLATION
CANCELLATION)
RENTAL PROPERTY INSPECTION FEE ASSESSED WHEN A 3RD CANCELLATION IS RECEIVED BY
217 PUBLIC SAFETY - RENTAL OCCURRENCE 70.00 70.00
CANCELLATION FEE CUSTOMER OR AGENT
RENTAL PROPERTY INSPECTION
EXTRA PER TIME AFTER ONE ADDED TO BASE CANCELLATION FEE; EACH CANCELLATION
218 PUBLIC SAFETY - RENTAL CANCELLATION FEE (STARTING WITH 4TH 15.00 15.00
OCCURRENCE INSTANCE WILL CAUSE FEE TO INCREASE BY AN ADDITIONAL $15.00
CANCELLATION)
RENTAL PROPERTY INSPECTION (INSPECTION
ADDED TO BASE NO SHOW FEE; EACH NO SHOW INSTANCE WILL
219 PUBLIC SAFETY - RENTAL NO-SHOW EACH ADDT'L TIME OR LATE PER UNIT 25.00 25.00
CAUSE INSPECTION FEE TO INCREASE BY AN ADDITIONAL $20.00
CANCELLATION)
FEE TO BE ASSESSED TO PROPERTIES NOT BROUGHT INTO
220 PUBLIC SAFETY - RENTAL RENTAL PROPERTY REINSPECTION FEE PER UNIT 50.00 50.00
COMPLIANCE AFTER THE FIRST INSPECTION
ADDED TO BASE NON-COMPLIANCE FEE; EACH REINSPECTION
RENTAL PROPERTY REINSPECTION
221 PUBLIC SAFETY - RENTAL PER UNIT 15.00 15.00 INSTANCE WILL CAUSE NON-COMPLIANCE FEE TO INCREASE BY AN
(STARTING WITH 2ND REINSPECTION)
ADDITIONAL $15.00
RENTAL PROPERTY EXTERIOR ONLY FEE ASSESSED TO PROPERTIES IN COMPLIANCE INTERIOR
222 PUBLIC SAFETY - RENTAL REINSPECTION FEE (1ST EXTERIOR ONLY PER UNIT 40.00 40.00 REQUIREMENTS BUT NOT IN COMPLIANCE WITH EXTERIOR
REINSPECTION) REQUIREMENTS BY FIRST INSPECTION
RENTAL PROPERTY EXTERIOR ONLY ADDED TO BASE EXTERIOR NON-COMPLIANCE FEE; EACH
223 PUBLIC SAFETY - RENTAL REINSPECTION FEE (STARTING WITH 2ND PER UNIT 20.00 20.00 REINSPECTION INSTANCE WILL CAUSE EXTERIOR NON-COMPLIANCE
EXTERIOR ONLY REINSPECTION) FEE TO INCREASE BY AN ADDITIONAL $15.00
LATE FEE FOR NON-PAYMENT OF RENTAL
224 PUBLIC SAFETY - RENTAL EACH PROPERTY VIOLATION 20.00 20.00 FEE CHARGED AFTER 30 DAYS
REGISTRATION ANNUAL FEE
225 PUBLIC SAFETY - RENTAL HOUSING-WARRANT INSPECTION FEE EACH 150.00 150.00
PUBLIC SAFETY - ENV
226 BOARD UP'S - FIRST 5 BOARDS PER INSTANCE 40.00 40.00 PLUS THE COST OF THE CONTRACTOR TO DO THE BOARD UP
SERVICES
PUBLIC SAFETY - ENV
227 BOARD UP'S - 6 OR MORE BOARDS PER INSTANCE 60.00 60.00 PLUS THE COST OF THE CONTRACTOR TO DO THE BOARD UP
SERVICES
PUBLIC SAFETY - ENV ADMINISTRATIVE OVERHEAD ON
228 PER UNIT 20.0% 20.0% BASED ON THE CONTRACTORS PRICE TO DEMOLISH
SERVICES DEMOLITIONS
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
229 FARMERS' MARKET DAILY - SATURDAY DAILY 36.00 36.00 SATURDAY ONLY
230 FARMERS' MARKET DAILY - WEEKDAY DAILY 20.00 20.00 WEEKDAYS WITH NO TIERS
231 FARMERS' MARKET TIER 1 - CORNER 7 MONTHS 678.00 678.00
232 FARMERS' MARKET TIER 1 - REGULAR 7 MONTHS 628.00 628.00
233 FARMERS' MARKET TIER 2 - REGULAR NO PARKING 7 MONTHS 528.00 528.00
234 FARMERS' MARKET WINTER MARKET-GARAGE DOOR DAILY 30.00 30.00
235 FARMERS' MARKET WINTER MARKET- SMALL TABLE DAILY 20.00 20.00
FARMERS' MARKET FACILITIES RENTAL -
236 FARMERS' MARKET PER SESSION 350.00 350.00 9:00 AM TO 3:00 PM OR 4:00 PM TO 10:00 PM
FACILITY A
FARMERS' MARKET FACILITIES RENTAL -
237 FARMERS' MARKET PER SESSION 350.00 350.00 9:00 AM TO 3:00 PM OR 4:00 PM TO 10:00 PM
FACILITY B
FARMERS' MARKET FACILITIES RENTAL -
238 FARMERS' MARKET PER SESSION 350.00 350.00 9:00 AM TO 3:00 PM OR 4:00 PM TO 10:00 PM
FACILITY C
FARMERS' MARKET FACILITIES RENTAL -
239 FARMERS' MARKET PER SESSION 150.00 150.00 9:00 AM TO 3:00 PM OR 4:00 PM TO 10:00 PM
FACILITY D
FARMERS' MARKET FACILITIES RENTAL - 9:00 AM TO 1:00 PM OR 1:30 PM TO 5:30 PM OR 6:00 PM TO 10:00
240 FARMERS' MARKET PER SESSION 50.00 50.00
MARKET STAGE PM
241 FARMERS' MARKET SNAP/DOUBLE-UP FOOD BUCKS ADMIN FEE 2% OF TRANSACTION 5.0% 5.0% FEE FOR COST OF TRANSACTION ADMINISTRATION
DEALERS $50/PER YEAR INCREMENTAL MAX
242 FARMERS' MARKET 100.00 100.00
$400.00
FOOD TRUCKS - SATURDAY ELECTRICITY AND
243 FARMERS' MARKET 10.00 10.00
OR WATER
244 FARMERS' MARKET CONCESSION VENDORS PER STALL 50.00 50.00
FOOD TRUCKS - SATURDAY ELECTRICITY AND
245 FARMERS' MARKET 10.00 10.00
OR WATER
KITCHEN USE - PREP/TABLETOP -REGULAR
246 FARMERS' MARKET KITCHEN PER HOUR 14.00 14.00
USER
247 FARMERS' MARKET KITCHEN KITCHEN USE - PROCESSING - REGULAR USER PER HOUR 18.00 18.00
248 FARMERS' MARKET KITCHEN KITCHEN USE - CATERING - REGULAR USER PER HOUR 18.00 18.00
249 FARMERS' MARKET KITCHEN KITCHEN DRY STORAGE SMALL - MONTHLY PER MONTH 20.00 20.00
Page 28 of 165
CITY OF MUSKEGON
2024 USER FEES
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
ADMINISTRATIVE OVERHEAD ON SALES TO
1 ALL TOTAL BALANCE DUE 15.00% 15.00%
OUTSIDE PARTIES
2 ALL COPIES FOR PUBLIC (STANDARD SIZES) PER COPY 0.25 0.25
3 ALL FAX CHARGE FOR INFORMATION REQUESTS PER PAGE 0.50 0.50
LATE FEE ON CITY RECEIVABLES (EXCEPT
4 ALL PAST DUE BALANCE 1.00% 1.00% PER MO./IMPOSED AFTER 30 DAYS
TAXES)
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
250 FARMERS' MARKET KITCHEN KITCHEN DRY STORAGE LARGE - MONTHLY PER MONTH 30.00 30.00
251 FARMERS' MARKET KITCHEN KITCHEN COOLER 1/2 SHELF - MONTHLY PER MONTH 15.00 15.00 COOLER SPACE
252 FARMERS' MARKET KITCHEN KITCHEN FREEZER FULL SHELF - MONTHLY PER MONTH 15.00 15.00 FREEZER SPACE
253 FARMERS' MARKET KITCHEN KITCHEN OTHER STORAGE PER MONTH 10.00 10.00 FREEZER SPACE
KITCHEN USE - SECURITY DEPOSIT REGULAR DEPOSIT REFUNDED IF NO DAMAGE, KITCHEN IS CLEANED,
254 FARMERS' MARKET KITCHEN PER RENTAL 50.00 50.00
USER EQUIPMENT RETURNED, ETC.
KITCHEN USE -APPLICATION FEE FOR
255 FARMERS' MARKET KITCHEN PER RENTAL 20.00 20.00 INCLUDES ONE KEY CARD
REGULAR USER
KITCHEN USE -OCCASIONAL OR ONE TIME
256 FARMERS' MARKET KITCHEN PER HOUR 40.00 40.00
USE
KITCHEN USE - SECURITY DEPOSIT DEPOSIT REFUNDED IF NO DAMAGE, KITCHEN IS CLEANED,
257 FARMERS' MARKET KITCHEN PER RENTAL 100.00 100.00
OCCASIONAL OR ONE TIME USE EQUIPMENT RETURNED, ETC
KITCHEN USE - APPLICATION FEE
258 FARMERS' MARKET KITCHEN PER RENTAL 20.00 20.00
OCCASIONAL OR ONE TIME USE
259 FARMERS' MARKET KITCHEN KITCHEN USE - REPLACEMENT KEY PER CARD 10.00 10.00
CANCELLATION IS WITHOUT CHARGE IF MADE UP TO SEVEN DAYS
260 FARMERS MARKET KITCHEN CANCELLATION FEE PER OCCURRENCE IN ADVANCE; LESS THAN 7 DAYS NOTICE CHARGED THE FULL
RENTAL RATE
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
261 FINANCE REPLACEMENT OF LOST PAYROLL CHECK EACH OCCURRENCE 25.00 25.00
262 FINANCE COPIES OF CITY BUDGET OR CAFR EACH 25.00 25.00
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
263 FIRE FIRE REPORT COPY (MAJOR FIRE) EACH 15.00 15.00
264 FIRE FIRE REPORT COPY (REGULAR) EACH 5.00 5.00
265 FIRE PHOTOGRAPH REPRODUCTION (ENLARGED) EACH 12.00 12.00
266 FIRE PHOTOGRAPH REPRODUCTION (STD SIZE) EACH 15.00 15.00
267 FIRE PHOTOGRAPH REPRODUCTION (CD-ROM) EACH 15.00 15.00
268 FIRE INSURANCE ADMINISTRATION ESCROW EACH INCIDENT 15.00 33.00 PLUS RELATED COURT COSTS 120.00%
269 FIRE FIRE INSPECTION ADDITIONAL VISIT EACH INCIDENT 20.00 50.00 RE-INSPECTION/REPAIR/COMPLAINT 150.00%
270 FIRE ARSON FIRE RESTITUTION FEE EACH INCIDENT 50.00 MIN $500 PLUS RELATED COURT COSTS RATE CHANGE
$100, $250,
271 FIRE FALSE ALARM FEE EACH INCIDENT 30.00 1ST OFFENSE: $100, 2ND OFFENSE $250, 3RD OFFENSE AND ON $500 RATE CHANGE
$500
$100, $250,
272 FIRE WILLFUL NEGLIGENCE FIRE FEE PER HR ON CALL 25.00 1ST OFFENSE: $100, 2ND OFFENSE $250, 3RD OFFENSE AND ON $500 RATE CHANGE
$500
273 FIRE CONFINED SPACE RESCUE FEE PER HR ON CALL 100.00 500.00 400.00%
274 FIRE ICE RESCUE CALL PER RESPONDING COMPANY 60.00 500.00 RATE IS CHARGED PER RESPONDING COMPANY 733.33%
275 FIRE DOWNED POWER LINE PER HR 60.00 60.00 AFTER FIRST FIFTEEN MINUTES, PER HOUR RATE
276 FIRE SPECIAL USE PERMITS (PER IFC) EACH PER YEAR 25.00 600.00 2300.00%
277 FIRE STRUCTURE FIRE RESPONSE EACH 500.00 500.00 CHARGED TO OWNER'S INSURANCE (RESIDENTAL / COMMERCIAL)
RATE IS CHARGED PER RESPONDING COMPANY, CHARGED TO AT
278 FIRE PI ACCIDENT RESPONSE PER RESPONDING COMPANY 60.00 500.00 733.33%
FAULT DRIVER'S AUTO INSURANCE COMPANY
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
279 FLEA MARKET DEALERS SPACE - CORNER COVERED SPACE DAILY 15.00 15.00
280 FLEA MARKET DEALERS SPACE - 10 x 15 COVERED SPACE DAILY 12.00 12.00
281 FLEA MARKET DEALERS SPACE - 10 x 30 ASHPHALT SPACE DAILY 10.00 10.00
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
DELINQUENT PAYMENT AGREEMENT
282 INCOME TAX EACH 15.00 15.00 PLUS RELATED PENALTIES & INTEREST
ADMINISTRATION FEE
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
283 PUBLIC SAFETY - BUILDING BUILDING CONTRACTOR REGISTRATION FEE EACH 25.00 25.00
BUILDING DEMOLITION PERMIT 25% of Value; 25% of Value;
284 PUBLIC SAFETY - BUILDING EACH
(COMMERCIAL) Min $150.00 Min $150.00
285 PUBLIC SAFETY - BUILDING BUILDING DEMOLITION PERMIT (GARAGE) EACH 75.00 75.00
BUILDING DEMOLITION PERMIT
286 PUBLIC SAFETY - BUILDING EACH 150.00 150.00
(RESIDENTIAL)
287 PUBLIC SAFETY - BUILDING BUILDING PERMIT FEES ($1-$1,000 VALUE) EACH 65.00 65.00
BUILDING PERMIT FEES ($1,001-$2,000
288 PUBLIC SAFETY - BUILDING BASE 65.00 65.00
VALUE)
BUILDING PERMIT FEES ($1,000-$2,000
289 PUBLIC SAFETY - BUILDING EACH ADDITIONAL $100 3.50 3.50
VALUE)
BUILDING PERMIT FEES ($2,001-$25,000
290 PUBLIC SAFETY - BUILDING BASE 92.75 92.75
VALUE)
BUILDING PERMIT FEES ($2,001-$25,000
291 PUBLIC SAFETY - BUILDING EACH ADDITIONAL $1,000 15.38 15.38
VALUE)
BUILDING PERMIT FEES ($25,001-$50,000
292 PUBLIC SAFETY - BUILDING BASE 463.00 463.00
VALUE)
Page 29 of 165
CITY OF MUSKEGON
2024 USER FEES
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
ADMINISTRATIVE OVERHEAD ON SALES TO
1 ALL TOTAL BALANCE DUE 15.00% 15.00%
OUTSIDE PARTIES
2 ALL COPIES FOR PUBLIC (STANDARD SIZES) PER COPY 0.25 0.25
3 ALL FAX CHARGE FOR INFORMATION REQUESTS PER PAGE 0.50 0.50
LATE FEE ON CITY RECEIVABLES (EXCEPT
4 ALL PAST DUE BALANCE 1.00% 1.00% PER MO./IMPOSED AFTER 30 DAYS
TAXES)
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
BUILDING PERMIT FEES ($25,001-$50,000
293 PUBLIC SAFETY - BUILDING EACH ADDITIONAL $1,000 11.50 11.50
VALUE)
BUILDING PERMIT FEES ($50,001-$100,000
294 PUBLIC SAFETY - BUILDING BASE 753.00 753.00
VALUE)
BUILDING PERMIT FEES ($50,001-$100,000
295 PUBLIC SAFETY - BUILDING EACH ADDITIONAL $1,000 8.00 8.00
VALUE)
BUILDING PERMIT FEES ($100,001-$500,000
296 PUBLIC SAFETY - BUILDING BASE 1,150.00 1,150.00
VALUE)
BUILDING PERMIT FEES ($100,001-$500,000
297 PUBLIC SAFETY - BUILDING EACH ADDITIONAL $1,000 6.40 6.40
VALUE)
BUILDING PERMIT FEES ($500,001-$1,000,000
298 PUBLIC SAFETY - BUILDING BASE 3,731.00 3,731.00
VALUE)
BUILDING PERMIT FEES ($500,001-$1,000,000
299 PUBLIC SAFETY - BUILDING EACH ADDITIONAL $1,000 5.45 5.45
VALUE)
BUILDING PERMIT FEES (OVER $1,000,000
300 PUBLIC SAFETY - BUILDING BASE 6,449.00 6,449.00
VALUE)
BUILDING PERMIT FEES (OVER $1,000,000
301 PUBLIC SAFETY - BUILDING EACH ADDITIONAL $1,000 4.15 4.15
VALUE)
BUILDING PERMIT (INSPECTION-SPECIAL.
302 PUBLIC SAFETY - BUILDING PER HOUR 150.00 150.00 NO MINIMUM
REINSPECTION, ETC.)
BUILDING PERMIT (PRE-MANUFACTURED
303 PUBLIC SAFETY - BUILDING EACH 50.00% 50.00% OF REGULAR BUILDING PERMIT FEE
RESIDENTIAL STRUCTURE)
BUILDING PLAN REVIEW FEE (INCL FIRE
304 PUBLIC SAFETY - BUILDING PERMIT FEE 65.00% 65.00% OF APPLICABLE PERMIT FEE
REVIEW)
CONSTRUCTION BOARD OF APPEALS
305 PUBLIC SAFETY - BUILDING EACH 500.00 500.00
APPLICATION FEE
306 PUBLIC SAFETY - BUILDING ELECTRICAL PERMIT (BASE PERMIT) BASE 75.00 75.00
ELECTRICAL PERMIT (BASEBOARD HEAT
307 PUBLIC SAFETY - BUILDING EACH 9.00 9.00
UNITS)
308 PUBLIC SAFETY - BUILDING ELECTRICAL PERMIT (CIRCUITS) EACH 6.00 6.00
309 PUBLIC SAFETY - BUILDING ELECTRICAL PERMIT (DISHWASHER) EACH 9.00 9.00
ELECTRICAL PERMIT (ENERGY
310 PUBLIC SAFETY - BUILDING EACH 45.00 45.00
RETROFIT/TEMP CONTROL)
ELECTRICAL PERMIT (FEEDERS, BUS DUCTS,
311 PUBLIC SAFETY - BUILDING EACH 50' 9.00 9.00
ETC.)
ELECTRICAL PERMIT (FIRE ALARM 1-10
312 PUBLIC SAFETY - BUILDING EACH 75.00 75.00
DEVICES)
ELECTRICAL PERMIT (FIRE ALARM 11-20
313 PUBLIC SAFETY - BUILDING EACH 150.00 150.00
DEVICES)
ELECTRICAL PERMIT (FIRE ALARM EA.
314 PUBLIC SAFETY - BUILDING EACH DEVICE 8.00 8.00
STATION OVER 20 DEV)
ELECTRICAL PERMIT (FURNACE-UNIT
315 PUBLIC SAFETY - BUILDING EACH 9.00 9.00
HEATER)
ELECTRICAL PERMIT (INSPECTION-
316 PUBLIC SAFETY - BUILDING PER HOUR 45.00 45.00 MINIMUM 1 HOUR
ADDITIONAL)
317 PUBLIC SAFETY - BUILDING ELECTRICAL PERMIT (INSPECTION-FINAL) EACH 45.00 45.00
ELECTRICAL PERMIT (INSPECTION-HOURLY
318 PUBLIC SAFETY - BUILDING HOUR 60.00 60.00 MINIMUM 1 HOUR
FEE)
ELECTRICAL PERMIT (INSPECTION-
319 PUBLIC SAFETY - BUILDING HOUR 50.00 50.00 MINIMUM 1 HOUR
SPECIAL/SAFETY)
320 PUBLIC SAFETY - BUILDING ELECTRICAL PERMIT (KVA OR HP UP TO 20) EACH 9.00 9.00
321 PUBLIC SAFETY - BUILDING ELECTRICAL PERMIT (KVA & HP 21 TO 50) EACH 15.00 15.00
ELECTRICAL PERMIT (KVA & HP 50 AND
322 PUBLIC SAFETY - BUILDING EACH 18.00 18.00
OVER)
ELECTRICAL PERMIT (LIGHTING FIXTURES-
323 PUBLIC SAFETY - BUILDING EACH 10.00 10.00
PER 25)
ELECTRICAL PERMIT (METER
324 PUBLIC SAFETY - BUILDING EACH 45.00 45.00
INSPECTION/POWER TURN-ON)
325 PUBLIC SAFETY - BUILDING ELECTRICAL PERMIT (MOBILE HOME SITE) EACH 9.00 9.00
ELECTRICAL PERMIT (POWER OUTLETS-INC
326 PUBLIC SAFETY - BUILDING EACH 10.00 10.00
RANGES, DRYERS)
ELECTRICAL PERMIT (RECREATIONAL
327 PUBLIC SAFETY - BUILDING EACH 8.00 8.00
VEHICLE SITE)
ELECTRICAL PERMIT (SERVICES 0 TO 200
328 PUBLIC SAFETY - BUILDING EACH 15.00 15.00
AMP)
ELECTRICAL PERMIT (SERVICES 201 TO 600
329 PUBLIC SAFETY - BUILDING EACH 20.00 20.00
AMP)
ELECTRICAL PERMIT (SERVICES 601 TO 800
330 PUBLIC SAFETY - BUILDING EACH 23.00 23.00
AMP)
ELECTRICAL PERMIT (SERVICES 801 TO 1200
331 PUBLIC SAFETY - BUILDING EACH 30.00 30.00
AMP)
ELECTRICAL PERMIT (SERVICES OVER 1200
332 PUBLIC SAFETY - BUILDING EACH 50.00 50.00
AMP/GFI ONLY)
333 PUBLIC SAFETY - BUILDING ELECTRICAL PERMIT (SIGNS LETTER) EACH 15.00 15.00
334 PUBLIC SAFETY - BUILDING ELECTRICAL PERMIT (SIGNS NEON) EACH 25' 2.00 2.00
335 PUBLIC SAFETY - BUILDING ELECTRICAL PERMIT (SIGNS UNIT) EACH 10.00 10.00
ELECTRICAL PERMIT (SPECIAL
336 PUBLIC SAFETY - BUILDING EACH 45.00 45.00
CONDUIT/GROUNDING)
337 PUBLIC SAFETY - BUILDING ELECTRICAL PLAN REVIEW FEE EACH 25.00% 25.00% OF APPLICABLE PERMIT FEE
338 PUBLIC SAFETY - BUILDING FIRE ALARM PLAN REVIEW FEE EACH 25.00% 25.00% OF PERMIT FEE FOR ANY SYSTEM OVER 10 DEVICES
339 PUBLIC SAFETY - BUILDING GARAGE MOVING FEE EACH 200.00 200.00
340 PUBLIC SAFETY - BUILDING BUILDING MOVING FEE (EXCEPT GARAGE) EACH 500.00 500.00
341 PUBLIC SAFETY - BUILDING LIQUOR LICENSE INSPECTION FEE EACH 100.00 100.00
342 PUBLIC SAFETY - BUILDING LIQUOR LICENSE RE-INSPECTION FEE EACH 50.00 50.00
MECHANICAL PERMIT (AIR HANDLERS-
343 PUBLIC SAFETY - BUILDING EACH 20.00 20.00
COMMERCIAL HOODS)
MECHANICAL PERMIT (AIR HANDLERS-OVER
344 PUBLIC SAFETY - BUILDING EACH 60.00 60.00
10,000 CFM)
Page 30 of 165
CITY OF MUSKEGON
2024 USER FEES
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
ADMINISTRATIVE OVERHEAD ON SALES TO
1 ALL TOTAL BALANCE DUE 15.00% 15.00%
OUTSIDE PARTIES
2 ALL COPIES FOR PUBLIC (STANDARD SIZES) PER COPY 0.25 0.25
3 ALL FAX CHARGE FOR INFORMATION REQUESTS PER PAGE 0.50 0.50
LATE FEE ON CITY RECEIVABLES (EXCEPT
4 ALL PAST DUE BALANCE 1.00% 1.00% PER MO./IMPOSED AFTER 30 DAYS
TAXES)
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
MECHANICAL PERMIT (AIR HANDLERS-RES
345 PUBLIC SAFETY - BUILDING EACH 5.00 5.00
BATH & KITCHEN)
MECHANICAL PERMIT (AIR HANDLERS-
346 PUBLIC SAFETY - BUILDING EACH 20.00 20.00
UNDER 10,000 CFM)
MECHANICAL PERMIT (A/C & REFRIG-
347 PUBLIC SAFETY - BUILDING EACH 30.00 30.00
CHILLER)
MECHANICAL PERMIT (A/C & REFRIG-
348 PUBLIC SAFETY - BUILDING EACH 30.00 30.00
COMPRESSOR)
MECHANICAL PERMIT (A/C & REFRIG-
349 PUBLIC SAFETY - BUILDING EACH 30.00 30.00
COOLING TOWERS)
MECHANICAL PERMIT (A/C & REFRIG-
350 PUBLIC SAFETY - BUILDING EACH 30.00 30.00
EVAPORATOR COILS)
MECHANICAL PERMIT (A/C & REFRIG-
351 PUBLIC SAFETY - BUILDING EACH 30.00 30.00
REFRIGERATION SPLIT SYSTEM)
352 PUBLIC SAFETY - BUILDING MECHANICAL PERMIT (BASE PERMIT) EACH 75.00 75.00
MECHANICAL PERMIT (FIRE
353 PUBLIC SAFETY - BUILDING PER FOOT 0.10 0.10 $25.00 MINIMUM FEE
SUPPRESSION/DUCT)
MECHANICAL PERMIT (FIRE
354 PUBLIC SAFETY - BUILDING PER FOOT 0.10 0.10 $25.00 MINIMUM FEE
SUPPRESSION/PIPING)
MECHANICAL PERMIT (FIRE
355 PUBLIC SAFETY - BUILDING EACH 150.00 150.00
SUPPRESSION/RESTAURANT HOODS)
MECHANICAL PERMIT (FIRE
356 PUBLIC SAFETY - BUILDING PER HEAD 0.75 0.75 $20.00 MINIMUM FEE
SUPPRESSION/SPRINKLER HEADS)
MECHANICAL PERMIT (HEAT RECOVERY
357 PUBLIC SAFETY - BUILDING EACH 10.00 10.00
UNITS/THRU-WALL FAN COILS)
MECHANICAL PERMIT (HEATING-BOILER
358 PUBLIC SAFETY - BUILDING EACH 10.00 10.00
CONTROLS, PUMPS)
359 PUBLIC SAFETY - BUILDING MECHANICAL PERMIT (HEATING-BOILERS) EACH 30.00 30.00
MECHANICAL PERMIT (HEATING-CHIMNEY,
360 PUBLIC SAFETY - BUILDING EACH 25.00 25.00
FACTORY BUILT)
MECHANICAL PERMIT (HEATING-FLUE/VENT
361 PUBLIC SAFETY - BUILDING EACH 8.00 8.00
DAMPER)
MECHANICAL PERMIT (HEATING-GAS FIRE
362 PUBLIC SAFETY - BUILDING EACH 20.00 20.00
PLACES)
MECHANICAL PERMIT (HEATING-GAS PIPE
363 PUBLIC SAFETY - BUILDING EACH 45.00 45.00
TESTING NEW SERVICE)
MECHANICAL PERMIT (HEATING-GAS PIPING
364 PUBLIC SAFETY - BUILDING EACH 5.00 5.00
EACH OPENING)
MECHANICAL PERMIT (HEATING-GAS/OIL
365 PUBLIC SAFETY - BUILDING EACH 30.00 30.00
BURNING EQUIPMENT)
MECHANICAL PERMIT (HEATING-HEAT
366 PUBLIC SAFETY - BUILDING EACH 30.00 30.00
PUMPS COMMERCIAL)
MECHANICAL PERMIT (HEATING-HEAT
367 PUBLIC SAFETY - BUILDING EACH 30.00 30.00
PUMPS, COMPLETE RESIDENT)
MECHANICAL PERMIT (HEATING-HEAT
368 PUBLIC SAFETY - BUILDING EACH 30.00 30.00
PUMPS, COMPLETE RESIDENT)
MECHANICAL PERMIT (HEATING-
369 PUBLIC SAFETY - BUILDING EACH 30.00 30.00
RESIDENTIAL A/C)
MECHANICAL PERMIT (HEATING-
370 PUBLIC SAFETY - BUILDING EACH 50.00 50.00
RESIDENTIAL SYSTEM)
MECHANICAL PERMIT (HEATING-SOLAR, SET
371 PUBLIC SAFETY - BUILDING EACH 20.00 20.00
OF 3 PANELS)
MECHANICAL PERMIT (HEATING-SOLID FUEL
372 PUBLIC SAFETY - BUILDING EACH 30.00 30.00
EQUIPMENT COMPLETE)
MECHANICAL PERMIT (HEATING-WATER
373 PUBLIC SAFETY - BUILDING EACH 10.00 10.00
HEATER)
374 PUBLIC SAFETY - BUILDING MECHANICAL PERMIT (HUMIDIFIERS) EACH 10.00 10.00
MECHANICAL PERMIT (INSPECTION-
375 PUBLIC SAFETY - BUILDING EACH 45.00 45.00
ADDITIONAL)
376 PUBLIC SAFETY - BUILDING MECHANICAL PERMIT (INSPECTION-FINAL) EACH 45.00 45.00
MECHANICAL PERMIT (INSPECTION-HOURLY
377 PUBLIC SAFETY - BUILDING EACH 60.00 60.00
RATE)
MECHANICAL PERMIT (INSPECTION-
378 PUBLIC SAFETY - BUILDING EACH 50.00 50.00
SPECIAL/SAFETY)
MECHANICAL PERMIT (INSPECTION-TURN
379 PUBLIC SAFETY - BUILDING EACH 45.00 45.00
ON GAS)
MECHANICAL PERMIT (PROCESS
380 PUBLIC SAFETY - BUILDING EACH 5.00 5.00
PIPING/HAZARDOUS 1-4 OUTLETS)
MECHANICAL PERMIT (PROCESS
381 PUBLIC SAFETY - BUILDING PER OUTLET 1.00 1.00
PIPING/HAZARDOUS 5+ MORE OUTLETS)
MECHANICAL PERMIT (PROCESS
382 PUBLIC SAFETY - BUILDING EACH 2.00 2.00
PIPING/NON-HAZARDOUS 1-4 OUTLETS)
MECHANICAL PERMIT (PROCESS
383 PUBLIC SAFETY - BUILDING PER OUTLET 0.50 0.50
PIPING/NON-HAZARDOUS 5+ OUTLETS)
MECHANICAL PERMIT (ROOFTOP HVAC
384 PUBLIC SAFETY - BUILDING EACH 60.00 60.00
UNIT)
MECHANICAL PERMIT (TANKS-
385 PUBLIC SAFETY - BUILDING EACH 20.00 20.00
ABOVEGROUND)
MECHANICAL PERMIT (TANKS-
386 PUBLIC SAFETY - BUILDING EACH 25.00 25.00
UNDERGROUND)
MECHANICAL PERMIT (UNIT
387 PUBLIC SAFETY - BUILDING EACH 15.00 15.00
HEATERS/TERMINAL UNITS)
388 PUBLIC SAFETY - BUILDING MECHANICAL PERMIT (UNIT VENTILATORS) EACH 10.00 10.00
389 PUBLIC SAFETY - BUILDING MECHANICAL PLAN REVIEW FEE EACH 25.00% 25.00% OF APPLICABLE PERMIT FEE
390 PUBLIC SAFETY - BUILDING PLUMBING PERMIT (BASE PERMIT) EACH 75.00 75.00
PLUMBING PERMIT (CONNECTION BLDG.
391 PUBLIC SAFETY - BUILDING EACH 9.00 9.00
DRAIN; SEWERS AT STREET)
Page 31 of 165
CITY OF MUSKEGON
2024 USER FEES
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
ADMINISTRATIVE OVERHEAD ON SALES TO
1 ALL TOTAL BALANCE DUE 15.00% 15.00%
OUTSIDE PARTIES
2 ALL COPIES FOR PUBLIC (STANDARD SIZES) PER COPY 0.25 0.25
3 ALL FAX CHARGE FOR INFORMATION REQUESTS PER PAGE 0.50 0.50
LATE FEE ON CITY RECEIVABLES (EXCEPT
4 ALL PAST DUE BALANCE 1.00% 1.00% PER MO./IMPOSED AFTER 30 DAYS
TAXES)
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
PLUMBING PERMIT (FIXTURES, FLOOR
392 PUBLIC SAFETY - BUILDING EACH 9.00 9.00
DRAINS, LAB DEVICES)
PLUMBING PERMIT (INSPECTION
393 PUBLIC SAFETY - BUILDING EACH 45.00 45.00
ADDITIONAL)
394 PUBLIC SAFETY - BUILDING PLUMBING PERMIT (INSPECTION FINAL) EACH 45.00 45.00
PLUMBING PERMIT (INSPECTION HOURLY
395 PUBLIC SAFETY - BUILDING EACH 60.00 60.00 MINIMUM TWO HOURS
FEE)
PLUMBING PERMIT (INSPECTION
396 PUBLIC SAFETY - BUILDING EACH 50.00 50.00
SPECIAL/SAFETY)
PLUMBING PERMIT (MANHOLES-
397 PUBLIC SAFETY - BUILDING EACH 10.00 10.00
CATCHBASINS)
PLUMBING PERMIT (MEDICAL GAS
398 PUBLIC SAFETY - BUILDING PER OUTLET 8.00 8.00
INSTALLATION)
PLUMBING PERMIT (REDUCED PRESSURE
399 PUBLIC SAFETY - BUILDING EACH 10.00 10.00
BACKFLOW PREVENTER 1/4" TO 2")
PLUMBING PERMIT (REDUCED PRESSURE
400 PUBLIC SAFETY - BUILDING EACH 20.00 20.00
BACKFLOW PREVENTER OVER 2")
PLUMBING PERMIT (SEWAGE SUMPS &
401 PUBLIC SAFETY - BUILDING EACH 10.00 10.00
EJECTORS)
PLUMBING PERMIT (SEWERS-SANITARY OR
402 PUBLIC SAFETY - BUILDING EACH 25.00 25.00
STORM OVER 6")
PLUMBING PERMIT (SEWERS-SANITARY OR
403 PUBLIC SAFETY - BUILDING EACH 10.00 10.00
STORM UNDER 6")
PLUMBING PERMIT (STACKS, VENTS,
404 PUBLIC SAFETY - BUILDING EACH 6.00 6.00
CONDUCTORS)
405 PUBLIC SAFETY - BUILDING PLUMBING PERMIT (SUB-SOIL DRAINS) EACH 9.00 9.00
PLUMBING PERMIT (WATER DISTRIBUTION
406 PUBLIC SAFETY - BUILDING EACH 30.00 30.00
SYSTEM--1-1/2")
PLUMBING PERMIT (WATER DISTRIBUTION
407 PUBLIC SAFETY - BUILDING EACH 23.00 23.00
SYSTEM--1-1/4")
PLUMBING PERMIT (WATER DISTRIBUTION
408 PUBLIC SAFETY - BUILDING EACH 15.00 15.00
SYSTEM--1")
PLUMBING PERMIT (WATER DISTRIBUTION
409 PUBLIC SAFETY - BUILDING EACH 38.00 38.00
SYSTEM--2")
PLUMBING PERMIT (WATER DISTRIBUTION
410 PUBLIC SAFETY - BUILDING EACH 8.00 8.00
SYSTEM--3/4")
PLUMBING PERMIT (WATER DISTRIBUTION
411 PUBLIC SAFETY - BUILDING EACH 45.00 45.00
SYSTEM--OVER 2")
PLUMBING PERMIT (WATER SERVICE 2" TO
412 PUBLIC SAFETY - BUILDING EACH 25.00 25.00
6")
PLUMBING PERMIT (WATER SERVICE LESS
413 PUBLIC SAFETY - BUILDING EACH 10.00 10.00
THAN 2")
PLUMBING PERMIT (WATER SERVICE OVER
414 PUBLIC SAFETY - BUILDING EACH 50.00 50.00
6")
415 PUBLIC SAFETY - BUILDING PLUMBING PLAN REVIEW FEE EACH 25.00% 25.00% OF APPLICABLE PERMIT FEE
PLUMBING PERMIT (GREASE TRAP
416 PUBLIC SAFETY - BUILDING EACH 45.00 45.00
INSPECTION)
PROPERTY MAINTENANCE CODE APPEAL
417 PUBLIC SAFETY - BUILDING EACH 100.00 100.00
APPLICATION FEE
ROOFING PERMIT (RE-ROOF OVER OLD
418 PUBLIC SAFETY - BUILDING PER SQUARE 150.00 150.00
ROOF/1LAYERS MAX)
419 PUBLIC SAFETY - BUILDING ROOFING PERMIT (STRIP THEN RE-ROOF) PER SQUARE 250.00 250.00
ROOFING PERMIT (STRIP, RE-SHEET, THEN RE-
420 PUBLIC SAFETY - BUILDING PER SQUARE 300.00 300.00
ROOF)
421 PUBLIC SAFETY - BUILDING Telecommunications Outlets 1 - 10 Outlets 50.00 50.00
422 PUBLIC SAFETY - BUILDING Telecommunications Outlets 11 - 20 Outlets 100.00 100.00
423 PUBLIC SAFETY - BUILDING Telecommunications Outlets Over 20 Outlets - Per Outlet 2.00 2.00
DEPARTMENT DESCRIPTION UNIT 2023 FEES 2024 FEES COMMENTS CHANGE (IN %)
424 MARINA 27 FOOT & UNDER (LIMITED ACCESS SLIP) EACH 2,236.00 *NEW FEE*
425 MARINA 30 FOOT SLIP EACH 2,580.00 2,820.00 5% DISCOUNT IS GIVEN IF FEE PAID IN FULL BY JANUARY 31ST 9.30%
426 MARINA 40 FOOT SLIP EACH 3,440.00 3,760.00 5% DISCOUNT IS GIVEN IF FEE PAID IN FULL BY JANUARY 31ST 9.30%
427 MARINA 60 FOOT SLIP EACH 4,620.00 5,160.00 5% DISCOUNT IS GIVEN IF FEE PAID IN FULL BY JANUARY 31ST 11.69%
HARD ACCESS (SLIPS 37-46, 69) UNDER 27'
428 MARINA EACH 1,800.00 1,800.00
ONLY
429 MARINA CLASS A MOORING EACH 583.00 583.00 5% DISCOUNT IS GIVEN IF FEE PAID IN FULL BY JANUARY 31ST
430 MARINA DAILY LAUNCH RAMP EACH 10.00 10.00
431 MARINA SEASONAL LAUNCH RAMP STICKER RESIDENT 50.00 50.00
432 MARINA SEASONAL LAUNCH RAMP STICKER NON-RESIDENT 70.00 70.00
SEASONAL LAUNCH RAMP STICKER
433 MARINA RESIDENT 30.00 30.00
(SENIOR/HANDICAPPED)
SEASONAL LAUNCH RAMP STICKER
434 MARINA NON-RESIDENT 45.00 45.00
(SENIOR/HANDICAPPED)
435 MARINA END OF SEASON LAUNCH RAMP PERMIT EACH 30.00 30.00 SOLD AFTER SEPTEMBER 15
MINIMUM - FEE CHARGED BASED ON TRANSIENT VESSEL RATES
436 MARINA END OF SEASON LATE REMOVAL FEE PER DAY MINIMUM 44.00 44.00
(VESSEL LENGTH) PER STATE DNR
437 MARINA SHOPPERS DOCK EACH 10.00 10.00 $10 PER 3 HOURS, 35' DOCKS ONLY
NR * = FEES APPLICABLE TO NON-RESIDENTS OF THE CITY
Page 32 of 165
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 23, 2024 Title: Sale of 1278 Pine Street
Submitted by: Samantha Pulos, Planner Department: Planning
Brief Summary:
Staff is seeking authorization to sell the City-owned vacant lot at 1278 Pine Street to Caleb Schuyten.
Detailed Summary & Background:
Caleb Schuyten would like to purchase the City-owned buildable lot at 1278 Pine Street for $1,125
(75% of the True Cash Value of $1,500) plus half of the closing costs and the fee to register the deed.
Caleb Schuyten will be constructing a single-family home on the property.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Focus Area/Action Item Addressed:
Create an environment that effectively attracts new residents and retains existing residents by
filling existing employment gaps, attracting new and diverse businesses to the city, and
expanding access to a variety of high-quality housing options in Muskegon. Diverse housing
types.
Goal/Action Item:
Amount Requested: Budgeted Item:
n/a Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A x
Recommended Motion:
Authorize the Code Coordinator to complete the sale of 1278 Pine Street, as described in the
attached purchase agreement, and to have the Mayor and Clerk sign both the purchase
agreement and the deed.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads x
Page 33 of 165
Communication
Legal Review x
Page 34 of 165
PURCHASE AND DEVELOPMENT AGREEMENT
This Purchase and Development Agreement (“Agreement”) is made January 23, 2024 (“Effective
Date”), between the City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street,
Muskegon, Michigan 49440 (“City”), and Caleb Schuyten, of 6751 14 Mile Road, Rockford, MI, 49341,
(“Developer”), with reference to the following facts:
Background
A. Developer proposes to purchase and develop one (1) vacant property owned by City which
is located in the City of Muskegon, Muskegon County, Michigan, and each commonly known and legally
described on the attached Exhibit A (each property individually, a “Parcel” and collectively “Project
Property”).
B. City and Developer desire to establish the terms, covenants, and conditions upon which
City will sell and Developer will purchase and develop the Project Property. Developer intends to develop
on the Project Property one (1) single-family house. (the “Project”).
Therefore, for good and valuable consideration, the parties agree as follows:
1. Sale and Purchase of Project Properties. City agrees to sell to Developer, and Developer
agrees to purchase from City, on the terms and subject to the conditions set forth in this Agreement, the
Project Property, subject to reservations, restrictions, and easements of record.
2. Purchase Price. The total purchase price for the Project Property shall be $1,125, which
shall be paid in cash or other immediately available funds at Closing (defined below) less the $400 deposit
that the Developer has paid to the City of Muskegon.
Pursuant to Paragraph 3(b) below, the parties acknowledge and agree that Developer shall be eligible to be
reimbursed all or a portion of the purchase price for the Parcel upon the completion of certain design
standards as further described herein.
3. Construction and Development Requirements.
a. Construction Dates. The parties acknowledge and agree that Developer shall have
a period of eighteen (18) months from the date of Closing to complete the Project (“Construction
Period”), except as otherwise provided in this Agreement or as otherwise mutually agreed upon by
the parties in writing.
b. Construction Details; Purchase Price Reimbursement. Developer’s construction
and development of the Project Properties shall be in substantial conformance with its plans and
specifications provided to City by Developer or as otherwise agreed upon in writing between City
and Developer. As referenced above, Developer shall be eligible for reimbursement of all or a
portion of the purchase price for the Project Properties upon Developer’s satisfaction of the
following design standards for each single-family home it constructs on the Project Properties:
Page 35 of 165
Design Standard Purchase Price Reimbursement for Parcel
Open front porch of at least 60 sq. ft. 20%
Picture or bay window 20%
Alley-loaded parcel 20%
Shutter or other acceptable window 20%
treatments
Underground Sprinkling 20%
(By way of example only: If Developer completes three of the design standards listed above for
the construction at the Parcel located at 1278 Pine Street, Developer would be reimbursed $675.00,
which is 60% of the $1,125.00 purchase price for this Parcel. If Developer completes all five design
standards, Developer would be reimbursed the entire purchase price for this Parcel.)
4. Right of Reversion. Notwithstanding anything herein to the contrary, and as security for
Developer’s obligation to commence and complete construction of a single-family house on each of the
Project Properties, the quit claim deed conveying the Project Properties to Developer shall contain a right
of reversion in all of the Project Properties (“City’s Reversionary Right”), which may be exercised by City,
in its sole and absolute discretion, if any of the following conditions occur:
a. Developer does not commence construction within sixty (60) days after the date of
Closing, in which case title to all of the Project Properties shall automatically revert to City upon
the terms and conditions further provided in this Paragraph 4 below. For purposes of this Paragraph
4(a), commencing construction means furnishing labor and materials to the Parcel of the Project
Property and beginning installation of the approved single-family home.
b. Developer does not complete construction of the Project Property prior to
expiration of the Construction Period, in which case title to any of the Project Properties that are
not complete by the end of the Construction Period shall automatically revert to City upon the terms
and conditions further provided in this Paragraph 4 below. For purposes of this Paragraph 4(b),
completing construction means the issuance of an occupancy permit by City for the Project
Property. Provided, however, the parties agree to reasonably negotiate an extension of the
Construction Period up to a period of six (6) months for the Project Property that have a completed
foundation before the expiration of the initial Construction Period.
If any of the above conditions occur, City shall automatically have City’s Reversionary Right to reacquire
title to the Project Property, as the case may be. To exercise City’s Reversionary Right described herein,
City must provide written notice to Developer (or its permitted successors, assigns, or transferees) within
thirty (30) days of Developer’s failure under this Agreement, but in any event prior to Developer satisfying
the conditions set forth in Paragraph 4(a) or Paragraph 4(b) above, as the case may be, and record such
notice with the Muskegon County Register of Deeds. Upon request of City, Developer shall take all
reasonable steps to ensure City acquires marketable title to the Project Property, as the case may be, through
its exercise of its rights under this Paragraph within thirty (30) days of City’s demand, including without
limitation, the execution of appropriate deeds and other documents.
In addition, if the Project Property revert to City, City may retain the purchase price for such Project
Property free and clear of any claim of Developer or its assigns. In the event of reversion of title of the
Project Property, improvements made on such Project Property shall become the property of City. In no
Page 36 of 165
event shall the Project Property be in a worse condition than upon the date of Closing. These covenants and
conditions shall run with the land and be recorded in the quit claim deed from City to Developer.
5. Title Insurance. Within five (5) days after the Effective Date, Developer shall order a title
commitment for an extended coverage ALTA owner’s policy of title insurance issued by Transnation Title
Agency (the “Title Company”) for the Project Property in the amount of the total purchase price for the
Project Property and bearing a date later than the Effective Date, along with copies of all of the underlying
documents referenced therein (the “Title Commitment”). Developer shall cause the Title Company to issue
a marked-up commitment or pro forma owner’s policy with respect to the Project Property at the Closing
naming Developer as the insured and in form and substance reasonably satisfactory to Developer, but
subject to Permitted Exceptions (defined below). As soon as possible after the Closing, Developer shall
cause the Title Company to furnish to Developer an extended coverage ALTA owner’s policy of title
insurance with respect to the Project Property (the “Title Policy”). City shall be responsible for the cost of
the Title Policy; provided, however, Developer shall be solely responsible for the cost of any endorsements
to the Title Policy that Developer desires.
6. Title Objections. Developer shall have until the end of the Inspection Period (as defined
below) within which to raise objections to the status of City’s title to the Project Properties. If objection to
the title is made, City shall have seven (7) days from the date it is notified in writing of the particular defects
claimed to either (a) remedy the objections, or (b) notify Developer that it will not remedy the objections.
If Developer does not notify City in writing as to any title or survey objections, then Developer will be
deemed to have accepted the condition of title as set forth in the Title Commitment. If City is unwilling or
unable to remedy the title or obtain title insurance over such defects within the time period specified, then
notwithstanding anything contained herein to the contrary, Developer may, at its option, upon written notice
to City, either (i) terminate this Agreement and neither City nor Developer shall have any further obligation
to the other pursuant to this Agreement, except as otherwise provided herein, or (ii) waive such objection,
in which case such objection shall become a Permitted Exception, and thereafter proceed to the Closing
according to the terms of this Agreement. Any matter disclosed on the Title Commitment that is waived or
not objected to by Developer shall be deemed a “Permitted Exception.”
7. Property Taxes and Assessments. City shall be responsible for the payment of all real
estate taxes and assessments that become due and payable prior to Closing, without proration. Developer
shall be responsible for the payment of all real estate taxes and assessments that become due and payable
after Closing, without proration.
8. Survey. Developer at its own expense may obtain a survey of any or all of the Project
Property, and Buyer or its surveyor or other agents may enter any of the Project Property for that purpose
prior to Closing. If no survey is obtained, Developer agrees that Developer is relying solely upon
Developer's own judgment as to the location, boundaries, and area of the Project Property and
improvements thereon without regard to any representations that may have been made by City or any other
person. In the event that a survey by a registered land surveyor made prior to Closing discloses an
encroachment or substantial variation from the presumed land boundaries or area, City shall have the option
of affecting a remedy within seven (7) days after disclosure, or terminate this Agreement. Developer may
elect to purchase the Project Property subject to said encroachment or variation.
9. Inspection Period. At Developer’s sole option and expense, Developer and Developer’s
agents may conduct inspections of each of the Project Property within thirty (30) days after the Effective
Date (“Inspection Period”). Developer’s inspection under this Paragraph may include, by way of example
but not limitation, inspections of any existing improvements to each Parcel, other systems servicing the
Parcel, zoning, and the suitability for Developer’s intended purposes for each Parcel. If Developer, in
Developer’s reasonable discretion, is not satisfied with the results of the inspections for any reason,
Page 37 of 165
Developer shall notify City in writing of Developer’s prior to expiration of the 30-day Inspection Period. If
Developer so notifies City, this Agreement shall be terminated and have no further force and effect. If no
written objection is made by Developer within the stated period, this inspection contingency shall be
deemed to be waived by Developer and the parties shall proceed to Closing in accordance with the terms
of this Agreement.
10. Condition of Project Property. City and Developer acknowledge and agree that the Parcel
in the Project Property is being sold and delivered “AS IS”, “WHERE IS” in its present condition. Except
as specifically set forth in this Agreement or any written disclosure statements, City has not made, does not
make, and specifically disclaims any and all representations, warranties, or covenants of any kind or
character whatsoever, whether implied or express, oral or written, as to or with respect to (i) the value,
nature, quality, or condition of any of the Project Property, including without limitation, soil conditions,
and any environmental conditions; (ii) the suitability of the Project Property for any or all of Developer’s
activities and uses; (iii) the compliance of or by the Project Property with any laws, codes, or ordinances;
(iv) the habitability, marketability, profitability, or fitness for a particular purpose of the Project Property;
(v) existence in, on, under, or over the Project Property of any hazardous substances; or (vi) any other matter
with respect to the Project Property. Developer acknowledges and agrees that Developer has or will have
the opportunity to perform inspections of the Project Property pursuant to this Agreement and that
Developer is relying solely on Developer’s own investigation of the Project Property and not on any
information provided to or to be provided by City (except as specifically provided in this Agreement). If
the transaction contemplated herein closes, Developer agrees to accept the respective Project Property
acquired by Developer and waive all objections or claims against City arising from or related to such Project
Property and any improvements thereon except for a breach of any representations or warranties or
covenants specifically set forth in this Agreement. In the event this transaction closes, then subject to City’s
express representations, warranties, and covenants in this Agreement, Developer acknowledges and agrees
that it has determined that the respective Project Property it has acquired and all improvements thereon are
in a condition satisfactory to Developer based on Developer’s own inspections and due diligence, and
Developer has accepted such Project Property in their present condition and subject to ordinary wear and
tear up to the date of Closing. The terms of this Paragraph shall survive the Closing and/or the delivery of
the deed.
11. Developer’s Representations and Warranties of Developer. Developer represents,
covenants, and warrants the following to be true:
a. Authority. Developer has the power and authority to enter into and perform
Developer’s obligations under this Agreement.
b. Litigation. No judgment is outstanding against Developer and no litigation, action,
suit, judgment, proceeding, or investigation is pending or outstanding before any forum, court, or
governmental body, department or agency or, to the knowledge of Developer, threatened, that has
the stated purpose or the probable effect of enjoining or preventing the Closing.
c. Bankruptcy. No insolvency proceeding, including, without limitation, bankruptcy,
receivership, reorganization, composition, or arrangement with creditors, voluntary or involuntary,
affecting Developer or any of Developer's assets or properties, is now or on the Closing Date will
be pending or, to the knowledge of Developer, threatened.
12. Conditions Precedent. This Agreement and all of the obligations of Developer under this
Agreement are, at Developer’s option, subject to the fulfillment, before or at the time of the Closing, of
each of the following conditions:
Page 38 of 165
a. Performance. The obligations, agreements, documents, and conditions required to
be signed and performed by City shall have been performed and complied with before or at the date
of the Closing.
b. City Commission Approval. This Agreement is approved by the Muskegon City
Commission.
13. Default.
a. By Developer. In the event Developer fails to comply with any or all of the
obligations, covenants, warranties, or agreements under this Agreement and such default is not
cured within ten (10) days after receipt of notice (other than Developer’s failure to tender the
purchase price in full at Closing, a default for which no notice is required), then City may terminate
this Agreement.
b. By City. In the event City fails to comply with any or all of the obligations,
covenants, warranties or agreements under this Agreement, and such default is not cured within ten
(10) days after receipt of notice, then Developer may either terminate this Agreement or Developer
may pursue its legal and/or equitable remedies against City including, without limitation, specific
performance.
14. Closing.
a. Date of Closing. The closing date of this sale shall be as mutually agreed by the
parties, but in no event later than 60 days from the City Commission’s approval of the sale
(“Closing”), unless this Agreement is terminated in accordance with its provisions. The Closing
shall be conducted at such time and location as the parties mutually agree.
b. Costs. The costs associated with this Agreement and the Closing shall be paid as
follows: (i) Developer shall pay any state and county transfer taxes in the amount required by law;
(ii) City shall pay the premium for the owner’s Title Policy, provided that Developer shall pay for
any and all endorsements to the Title Policy that Developer desires; (iii) City shall be responsible
to pay for the recording of any instrument that must be recorded to clear title to the extent required
by this Agreement; (iv) Developer shall pay for the cost of recording the deed; and (v) Developer
and City shall each pay one-half of any closing fees charged by the Title Company.
c. Deliveries. At Closing, City shall deliver a quit claim deed for the Project
Properties and Developer shall pay the purchase price. The quit claim deed to be delivered by City
at closing shall include the City Right of Reversion described in Paragraph 4 above. The parties
shall execute and deliver such other documents reasonably required to effectuate the transaction
contemplated by this Agreement.
15. Real Estate Commission. Developer and City shall each be responsible for any fees for
any real estate agents, brokers, or salespersons regarding this sale that it has hired, but shall have no
obligation as to any fees for any real estate agents, brokers, or salespersons regarding this sale that the other
party has hired.
16. Notices. All notices, approvals, consents and other communications required under this
Agreement shall be in writing and shall be deemed given: (i) when delivered in person; (ii) when sent by
fax or email: (iii) when sent by a nationally-recognized receipted overnight delivery service with delivery
fees prepaid; or (iv) when sent by United States first-class, registered, or certified mail, postage prepaid.
Page 39 of 165
The notice shall be effective immediately upon personal delivery or upon transmission of the fax or email;
one day after depositing with a nationally recognized overnight delivery service; and five (5) days after
sending by first class, registered, or certified mail.
Notices shall be sent to the parties as follows:
To City: City of Muskegon
Attn.: LeighAnn Mikesell, Deputy City Manager
933 Terrace Street
Muskegon, MI 49440
w/ copy to: Parmenter Law
Attn.: John C. Schrier
601 Terrace Street, Suite 200
Muskegon, MI 49440
Email: [email protected]
To Developer: Caleb Schuyten
6751 14 Mile Road
Rockford, MI
49341
Email: [email protected]
17. Miscellaneous.
a. Governing Law. This Agreement will be governed by and interpreted in
accordance with the laws of the state of Michigan.
b. Entire Agreement. This Agreement constitutes the entire agreement of the parties
and supersedes any other agreements, written or oral, that may have been made by and between the
parties with respect to the subject matter of this Agreement. All contemporaneous or prior
negotiations and representations have been merged into this Agreement.
c. Amendment. This Agreement shall not be modified or amended except in a
subsequent writing signed by all parties.
d. Binding Effect. This Agreement shall be binding upon and enforceable by the
parties and their respective legal representatives, permitted successors, and assigns.
e. Counterparts. This Agreement may be executed in counterparts, and each set of
duly delivered identical counterparts which includes all signatories, shall be deemed to be one
original document.
f. Full Execution. This Agreement requires the signature of all parties. Until fully
executed, on a single copy or in counterparts, this Agreement is of no binding force or effect and if
not fully executed, this Agreement is void.
g. Non-Waiver. No waiver by any party of any provision of this Agreement shall
constitute a waiver by such party of any other provision of this Agreement.
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h. Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
enforceability of the remaining provisions of this Agreement shall not in any way be impaired or
affected.
i. No Reliance. Each party acknowledges that it has had full opportunity to consult
with legal and financial advisors as it has been deemed necessary or advisable in connection with
its decision to knowingly enter into this Agreement. Neither party has executed this Agreement in
reliance on any representations, warranties, or statements made by the other party other than those
expressly set forth in this Agreement.
j. Assignment or Delegation. Except as otherwise specifically set forth in this
Agreement, neither party shall assign all or any portion of its rights and obligations contained in
this Agreement without the express or prior written approval of the other party, in which approval
may be withheld in the other party's sole discretion.
k. Venue and Jurisdiction. The parties agree that for purposes of any dispute in
connection with this Agreement, the Muskegon County Circuit Court shall have exclusive personal
and subject matter jurisdiction and that Muskegon County is the exclusive venue.
This Agreement is executed effective as of the Effective Date set forth above.
CITY: DEVELOPER:
CITY OF MUSKEGON CALEB SCHUYTEN
By: _______________________________ By: _______________________________
Name: Ken Johnson Name: Caleb Schuyten
Title: Mayor Dated: __________________
Dated: __________________
By: _______________________________
Name: Ann Marie Meisch
Title: City Clerk
Dated: __________________
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Exhibit A
The following described premises located in the City of Muskegon, County of Muskegon, State of
Michigan, and legally described as follows:
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 S 45 FT OF W 112 FT LOT
2 BLK 260
Address: 1278 PINE STREET MUSKEGON, MI 49442
Parcel #: 61-24-205-260-0002-00
Price: $1,125.00
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 23, 2024 Title: Arena Solar Interconnect Agreement
Submitted by: Dan VanderHeide, Public Works Department: Public Works
Director
Brief Summary:
Staff requests approval of an Interconnect Agreement with Consumers Energy to allow for the
equipment and operations necessary for automatic switching between grid energy and the solar
system on the arena roof.
Detailed Summary & Background:
The solar system on the arena is complete. In order to allow for the automatic switch equipment to
be installed and for the operations necessary for switching between grid energy and the solar system,
the attached agreement is required to be executed with Consumers Energy. The agreement has
been reviewed by the attorney. It is an electronic signature, so staff requests the Director of Public
Works be authorized to sign.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Sustainability in financial practices and infrastructure
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move approval of an Interconnect Agreement with Consumers Energy to allow for the equipment
and operations necessary for automatic switching between grid energy and the solar system on the
arena roof, and authorize the Director of Public Works to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
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Communication
Legal Review X
Page 44 of 165
GENERATOR INTERCONNECTION & OPERATING AGREEMENT
FOR CATEGORY 3 – 5 PROJECTS
WITH AGGREGATE GENERATOR OUTPUT OF GREATER THAN 150 kW
BETWEEN CONSUMERS ENERGY COMPANY
AND
CITY OF MUSKEGON
GENERATOR INTERCONNECTION & OPERATING AGREEMENT (hereinafter, this Agreement), is made and
entered into on , (hereinafter, the Effective Date), between CONSUMERS ENERGY
COMPANY, a Michigan corporation, with offices located at One Energy Plaza, Jackson, MI 49201, herein termed
"Consumers”, and CITY OF MUSKEGON with offices located at 933 Terrace Street, Muskegon, MI 49440, herein
termed "Project Developer." Consumers and Project Developer are hereinafter sometimes referred to individually as
"Party" and collectively as "Parties" where appropriate.
WITNESSETH:
WHEREAS, Consumers owns electric facilities and is engaged in the generation, purchase, distribution and sale of
electric energy in the State of Michigan; and
WHEREAS, Project Developer intends to construct and own a photovoltaic plant, known as the Trinity Health Arena
Generating Plant, herein termed "Project", with a generator design capacity nameplate rating not to exceed 400 kWac
and located at 470 W Western Ave, Muskegon, Mi 49440; and
WHEREAS, This Agreement does not address the sale of electricity to or from Consumers; and
WHEREAS, The Parties desire to enter into this Agreement for the purposes, among others, of (a) describing (i) the
facilities and associated appurtenances to interconnect the Project to Consumers’ distribution system, including
defining the Point of Delivery and Interconnection Point, (ii) the facilities required for providing and regulating reactive
power supply (kilovars) at the Project, and (iii) any modifications and additions necessary on Consumers’ distribution
system as a result of the operation of the Project; (b) establishing the ownership interests of Consumers and Project
Developer in such facilities; (c) establishing the respective obligations and rights of the Parties with respect to the
procurement, construction, installation, operation and maintenance of such facilities.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the Parties hereto
agree as follows:
Form 1200 6-2022 Page 1 of 13
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SECTION 1
INTERCONNECTION FACILITIES
1.1 General
The Parties shall provide, as specified in this Section 1, certain facilities and associated appurtenances required
to interconnect the Project to Consumers’ distribution system, consistent with the Michigan Electric Utility
Generator Interconnection Requirements. Such facilities and associated appurtenances include, but shall not
be limited to, interconnection, transformation, switching, control, metering, telemetering, protective relaying
equipment (such protective relaying equipment required by Consumers or Project Developer to protect
Consumers’ distribution system, its customers, and the Project from electrical faults occurring at the Project or
on Consumers’ distribution system or on the systems of others to which Consumers’ distribution system is
directly or indirectly connected) and any necessary additions or reinforcements by Consumers to Consumers’
distribution system required as a result of the interconnection of the Project to Consumers’ distribution system.
The facilities and associated appurtenances described in Exhibit 1 – Scope of Facilities, Subsections 1.2,
"Project Developer's Interconnection Facilities," and 1.3, "Consumers’ Interconnection Facilities," are hereinafter
sometimes referred to as the "Interconnection Facilities." Project Developer shall be responsible for the cost of
the Interconnection Facilities, unless otherwise specified in this Agreement.
The Project, configured as discussed in this Agreement and depicted in Exhibit 2 – Wiring Diagram, will be
comprised of photovoltaic generators with a total generation output of 400 kW, which can be connected to
Consumers’ distribution system as described herein. In the future, if the Project Developer desires to install
additional generating units at this present location, the Project Developer must submit a written application to
Consumers. Consumers will evaluate its distribution system to determine, in its sole discretion, if conditions at
that time will allow said system to support additional capacity.
In the event future changes in (a) the design or operation of the Project, (b) Federal, State or local laws,
regulations, ordinances or codes, (c) Project Developer's requirements (such as additional generators located
at the site location identified above) or (d) Consumers’ requirements necessitate additional facilities or
modifications to the then existing Interconnection Facilities, the Parties shall undertake such additions or
modifications as may be necessary. Before undertaking such future additions or modifications, the Parties shall
consult, develop plans and coordinate schedules of activities so as to minimize disruption of the Interconnection
Facilities and Consumers’ distribution system. The cost of such future additions or modifications to the
Interconnection Facilities shall be borne by the Project Developer, unless agreed upon otherwise at the time.
The ownership, operation and maintenance responsibilities for any such future additions or modifications shall
be made consistent with the responsibilities allocated in this Agreement.
1.2 Project Developer's Interconnection Facilities
Project Developer’s Interconnection Facilities and associated appurtenances are described in Subsection 1.2 of
Exhibit 1 – Scope of Facilities.
Project Developer shall bear the cost of its Project unless otherwise specified in this Agreement. Project
Developer shall be solely responsible for all permits, zoning reviews, and other matters associated with obtaining
rights from any governmental body or agency to construct its Project. Prior to Consumers beginning construction
of its Interconnection Facilities, Project Developer shall provide a copy of all necessary documents granting
Project Developer the right to construct its Project.
1.3 Consumers’ Interconnection Facilities
Consumers’ Interconnection Facilities and associated appurtenances are described in Subsection 1.3 of Exhibit
1 – Scope of Facilities.
Project Developer shall bear the cost of Consumers’ Interconnection Facilities unless otherwise specified in this
Agreement. Consumers shall be responsible for all permits, zoning reviews, and other matters associated with
obtaining rights from any governmental body or agency to construct its Interconnection Facilities. Project
Developer shall reimburse Consumers for all costs associated with the installation and connection of Consumers’
Interconnection Facilities. Project Developer shall solely assume the risk that Consumers may be unable to
complete its Interconnection Facilities due to factors beyond its reasonable control.
Form 1200 6-2022 Page 2 of 13
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1.4 Easements and Permits
If necessary, prior to the installation of the Interconnection Facilities, Consumers will acquire required permits
and necessary easements for its Interconnection Facilities. These easements / permits may include, but shall
not be limited to, rights of ingress and egress, rights to clear trees, and all necessary rights-of-way for installation
and maintenance of Interconnection Facilities. The Project Developer shall reimburse Consumers for the costs
and expenses Consumers incurs in acquiring such easements / permits.
1.5 Relocation by Project Developer
If at any time the Project Developer requires Consumers’ Interconnection Facilities located on its premises to be
relocated on such premises, Consumers shall, at Project Developer's expense and upon its request, relocate
the same or give permission for Project Developer to relocate the same. Project Developer shall provide
Consumers with all necessary easement rights as required for the Interconnection Facilities located on Project
Developer’s premises.
SECTION 2
DESIGN AND CONSTRUCTION OF THE INTERCONNECTION FACILITIES
2.1 Authority for Construction
Except as provided in the following paragraph, Project Developer will have sole authority to manage, design,
supervise, construct, procure materials for, control and will take all steps which it deems necessary or
appropriate for the installation of the Interconnection Facilities required pursuant to Subsection 1.2, "Project
Developer's Interconnection Facilities."
The design, specifications, installation and construction of the Interconnection Facilities required pursuant to
Subsection 1.2 shall be in accordance with standards no less stringent than those used by Consumers for its
own distribution voltage level installations and shall be inspected and commented on by Consumers prior to
being placed into initial operation. However, Consumers has no liability, obligation or responsibility with respect
to such design, plans, specifications, installation or construction regardless of its inspection and comment
thereon. Inspection of and comments by Consumers shall not relieve Project Developer of any of its obligations
under this Agreement.
Consumers shall exercise sole authority to manage, design, supervise, construct, procure materials for, control
and take all steps which it deems necessary or appropriate for the installation and connection of the
Interconnection Facilities required pursuant to Subsection 1.3, "Consumers' Interconnection Facilities."
2.2 Interconnection of the Project
Interconnection of the Project to Consumers' distribution system shall be made after the following conditions
have been satisfied:
2.2.1 Both Parties have declared their Interconnection Facilities ready for service;
2.2.2 Project Developer has met the design, specifications, installation and construction requirements of the
second paragraph of Subsection 2.1, Authority for Construction;
2.2.3 Project Developer has provided adequate protective equipment to protect the equipment and service of
Consumers from damage or interruption from electrical faults occurring at the Project;
2.2.4 Consumers has tested and accepted the billing meters and associated telemetry for the collection of the
metered data required pursuant to Exhibit 1 – Scope of Facilities, Subsection 1.3;
2.2.5 Project Developer and Consumers have agreed to a procedure to describe the process (i) for switching
and tagging the interconnection facilities for workers’ protection during periods when such equipment
must be removed from service and (ii) for returning the equipment to service. Both Parties agree to follow
the procedure for disconnecting and re-connecting the interconnection as outlined in Appendix G of the
appropriate Michigan Electric Utility Generator Interconnection Requirements document;
2.2.6 If the Project Developer requires backup power from Consumers, the Project Developer shall be
responsible for contracting with Consumers for the delivery of said backup power. The Project Developer
shall provide Consumers satisfactory evidence that it has purchased the resources to supply backup
power pursuant to Subsection 6.6, Project Backup Power; and
2.2.7 Project Developer has reimbursed Consumers for all costs associated with the installation of Consumers’
Interconnection Facilities as identified in Subsection 1.3 and 1.4.
Form 1200 6-2022 Page 3 of 13
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2.3 Parallel Operation of the Project With Consumers' Distribution System
Parallel operation of the Project with Consumers' distribution system shall only begin after the following
conditions have been satisfied and confirmed in writing by Consumers to Project Developer:
2.3.1 Project Developer has met all of the requirements of Subsection 2.2;
2.3.2 Project Developer has obtained written approval by Consumers of all protective relay equipment required
pursuant to Exhibit 1 – Scope of Facilities, Subsection 1.2 and the direct transfer trip equipment required
pursuant to Subsections 1.2 and 1.3 for the protection of Consumers' distribution system. Approval will
be granted after the required protective relay equipment is inspected and calibrated in accordance with
the relay setting data issued by Consumers. Inspection and calibration must be either performed or
witnessed by Consumers' personnel at Project Developer's expense. Project Developer must record the
actual settings and inspection data on the relay-setting document furnished by Consumers and return
such document to Consumers for approval;
2.3.3 Project Developer has developed operating and maintenance procedures, which Consumers has
accepted in writing, for those protective devices which directly connect to Consumers’ distribution system
or interface with Consumers’ protective devices;
2.3.4 Consumers has tested and accepted the telemetry / SCADA interface and concurs they meet the technical
requirements as identified in the Telemetry and Disturbance Monitoring Requirements Section and the
Communication Circuits Section of the Michigan Electric Utility Generator Interconnection Requirements.
Testing must be performed by Consumers’ personnel at Project Developer’s expense and acceptance
will be communicated to Project Developer in writing; and
2.3.5 Project Developer has developed operating procedures to manually trip generation for system security
pursuant to Subsection 6.4, System Security.
2.4 Subcontractors
Either Party may hire a subcontractor to perform its obligations under this Agreement and shall incorporate the
obligations of this Agreement into its respective subcontracts, agreements and purchase orders. Each Party
shall remain liable to the other Party for the performance of such subcontractor under this Agreement and shall
fully defend, indemnify and hold the other Party harmless from all acts or omissions of its subcontractors.
SECTION 3
OPERATION AND MAINTENANCE
3.1 Operation and Maintenance By Consumers
Consumers shall have sole authority and responsibility to operate and maintain Consumers' Interconnection
Facilities required pursuant to Subsection 1.3, and in accordance with the applicable good utility practice
standards of Consumers. Consumers may manually operate, when necessary, Consumers' Interconnection
Facilities and the isolation device provided by Project Developer pursuant to Exhibit 1 – Scope of Facilities,
Subsection 1.2, and may perform preventive or emergency maintenance, or make system modifications, when
necessary, on Consumers' Interconnection Facilities. Normal maintenance shall be scheduled on Consumers'
Interconnection Facilities taking into consideration Project Developer's schedule of maintenance for the Project.
Such authority and responsibility shall include removing the Interconnection Facilities from service, when
necessary, as determined by Consumers. Consumers shall not be required to deliver energy to the Project or
provide a temporary connection to the Project when maintenance or system modifications require disconnecting
Consumers’ Interconnection Facilities from Consumers' distribution system.
3.1.1 Project Developer shall reimburse Consumers for all direct and indirect costs and expenses (including but
not limited to, overtime pay, property taxes, insurance, equipment testing and inspections) incurred by
Consumers in owning, operating and maintaining Consumers’ Interconnection Facilities from the point in
time in which Consumers’ Interconnection Facilities are ready for service. Such costs and expenses shall
be determined by Consumers in accordance with the standard practices and policies followed by
Consumers and in effect at the time such operation and maintenance is performed. As used in this
Agreement, the term "maintenance" includes inspection, repair and replacement. Payment by Project
Developer of such costs and expenses shall be made in accordance with Subsection 3.1.4. In the event
that Consumers uses any part of Consumers’ Interconnection Facilities defined in Subsection 1.3 for the
benefit of Consumers' customers, then the allocation of the ongoing costs and expenses which are due
to the ownership, operation and maintenance of Consumers’ Interconnection Facilities provided pursuant
to Subsection 1.3, shall be re-determined with consideration for possible changes in: (a) Point of Delivery,
(b) metering location, (c) operation and maintenance costs to Project Developer to new Point of Delivery,
if any, and (d) compensation to Consumers for appropriate operating and maintenance costs from the
new Point of Delivery, if any. Consumers shall not be restricted in the use of Consumers’ Interconnection
Facilities while such redetermination is being made.
Form 1200 6-2022 Page 4 of 13
Page 48 of 165
3.1.2 If Consumers performs the following tasks on the Project Developer’s behalf, the Project Developer shall
reimburse Consumers for costs associated with (a) testing of metering and associated telemetry required
pursuant to Subsection 2.2.4, (b) the relay setting information, inspection and calibration required
pursuant to Subsection 2.3.2 and (c) the testing of the dispatching interface required pursuant to
Subsection 2.3.4, which shall be separately billed by Consumers.
3.1.3 Project Developer shall be solely responsible for ordering, acquiring and all continuing operating expenses
associated with the telephone circuits pursuant Exhibit 1 – Scope of Facilities, Subsection 1.2 as well as
the proper safety equipment required for the proper installation of said telephone circuits. Additional
operation and maintenance expenses associated with telemetry facilities are the responsibility of the
Project Developer pursuant to Subsection 5.4.
3.1.4 Payments by Project Developer of the costs and expenses described in Subsections 3.1.1 and 3.1.2 are
as follows:
3.1.4.1 As soon as practicable after the end of each month in which operation and maintenance costs
and expenses were incurred by Consumers pursuant to Subsection 3.1.1 and 3.1.2, Consumers
shall furnish Project Developer a statement describing the work performed or expense incurred
and showing the amount of the payment to be made therefore by Project Developer.
3.1.4.2 Each statement shall be paid by Project Developer so that Consumers will receive the funds by
the 20th day following the date of such statement, or the first business day thereafter if the
payment date falls on a non-business day.
3.1.4.3 All payments shall be made payable to Consumers Energy Company and shall be sent to
Consumers, Attention: Consumers Energy Company, P.O. Box 740309, Cincinatti, Ohio 45274-
0309, or by wire transfer to a Consumers’ bank account or such other manner or at such place
as Consumers shall, from time to time, designate by written notice to Project Developer.
Payments made by wire transfer shall reference the appropriate invoice number for which
payment is being made.
3.1.4.4 Any payment not made on or before the due date shall bear interest, from the date due until the
date upon which payment is made, at an annual percentage rate of interest equal to the lesser of
(a) the prime rate published by the Wall Street Journal (which represents the base rate on
corporate loans posted by at least 75% of the nation's banks) on the date due, plus 2%, or (b) the
highest rate permitted by law.
3.2 Operation and Maintenance By Project Developer
Except as provided in Subsections 2.3.2 and 3.1 and the provisions of this Subsection 3.2, Project Developer
shall have sole authority and responsibility to operate and maintain the Project Developer’s Interconnection
Facilities required pursuant to Subsection 1.2 in accordance with prudent industry practices.
Relay settings, for protective devices required by Consumers, may be revised and documents stating such
revisions may be issued by Consumers if it determines that it is necessary to do so. The settings for these
devices may be revised only if Consumers issues documents specifying such revisions. In such event, the
protective relay equipment shall be recalibrated by Project Developer in accordance with such revised relay
settings within a reasonable period specified by Consumers. The procedure for recalibration and approval shall
be the same as stated for the initial calibration pursuant to Subsection 2.3.2.
The protective relay equipment shall be tested every two (2) years (unless an extension is agreed to by
Consumers) to verify the calibration indicated on the latest relay setting document issued by Consumers. If the
protective relay equipment is not calibrated in accordance with the latest relay-setting document, it shall be
recalibrated in accordance with Subsection 2.3.2, to conform with such data. Tests shall be conducted or
witnessed by Consumers at Project Developer's expense. The results of such tests shall be provided to
Consumers in writing for review and approval.
Consumers may, at any time in addition to that specified in the preceding paragraph, at Consumers' expense,
inspect and test Project Developer's Interconnection Facilities to verify that the required protective
interconnection equipment is in service, properly maintained, and calibrated to provide the intended protection.
If necessary, this inspection may also include a review of Project Developer's pertinent records.
Inspection, testing and/or approval by Consumers or the omission of any inspection, testing and/or approval by
Consumers pursuant to this Agreement shall not relieve Project Developer of any obligations or responsibility
assumed under this Agreement.
Form 1200 6-2022 Page 5 of 13
Page 49 of 165
SECTION 4
ACCESS
Consumers, its agents and employees, shall have full right and authority of ingress and egress at all reasonable times
on and across the premises of Project Developer for the purpose of installing, operating, maintaining, inspecting,
replacing, repairing, and removing its Interconnection Facilities located on the premises. The right of ingress and
egress, however, shall not unreasonably interfere with Project Developer's use of its premises.
SECTION 5
INTERCONNECTION POINT; POINT OF DELIVERY; METERING; TELEMETERING
5.1 Interconnection Point
The Interconnection Point shall be where the Project Developer’s Interconnection Facilities connect to
Consumers’ distribution system.
5.2 Point of Delivery
If the Project is connected to a distribution line serving other customers, the Point of Delivery shall be at the high
voltage side of the Project supplied isolation transformer connecting the Project to Consumers’ distribution
system. Otherwise, the Point of Delivery shall be the point at which the radial line connecting the Project to
Consumers’ distribution system terminates at the first substation beyond the Project’s isolation transformer.
5.3 Metering
Measurements of electric energy deliveries shall be made by standard types of electric meters installed and
maintained by Consumers pursuant to Exhibit 1 – Scope of Facilities, Subsection 1.3.
The standard electric meters shall be tested by Consumers at least once every six (6) years. On request and
at the expense of the Project Developer, a special test may be performed. Representatives of Project Developer
shall be afforded the opportunity to be present at all routine or special tests and upon occasions when any
readings, for purposes of settlements, are taken from meters not bearing an automatic record.
5.4 Telemetering
Certain telemetry facilities will be provided by Consumers pursuant to Exhibit 1 – Scope of Facilities, Subsection
1.3 as a part of the Interconnection Facilities as being necessary for the proper and efficient collection of metering
and control data. The cost and maintenance of such telemetry facilities and associated phone lines shall be
borne by Project Developer.
SECTION 6
SERVICE CONDITIONS
6.1 Site Preparation
At its own expense, the Project Developer shall make the proposed Project site available to Consumers. Said
site shall be free from hazard and shall be adequate for the operation and construction of distribution facilities
necessary to interconnect the proposed Project.
6.2 Parallel Operation
It is understood that the Project will normally remain connected to and be operated in parallel with Consumers'
distribution system. The Project Developer shall, at its expense, install and properly maintain protective
equipment and devices and provide sufficiently trained personnel to protect its equipment and service, and the
equipment and service of Consumers from damage, injury or interruptions during the Project’s parallel operation
with Consumers' distribution system, and, without limiting the indemnity provided in Subsection 7.1 herein,
Project Developer shall assume any loss, liability or damage to Project Developer and Consumers’ distribution
system and equipment caused by lack of or failure of such protection. Such protective equipment specifications
and design shall be consistent with the Michigan Electric Utility Industry Generator Interconnection
Requirements, and any successor and/or supplemental documents. Prior to the Project operating in parallel
with Consumers’ distribution system, the Project Developer shall provide satisfactory evidence to Consumers
that it has met the Michigan Electric Utility Generator Interconnection Requirements that are on file with the
Michigan Public Service Commission and complied with all applicable laws, rules, regulations, guidelines, and
safety standards.
Form 1200 6-2022 Page 6 of 13
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6.3 Voltage Control
Project Developer shall cooperate with Consumers to regulate the voltage level at the Point of Delivery by
controlling its generators in accordance with Consumers' instructions. Such instructions shall include, but
not be limited to, (a) maintaining voltage or (b) delivering real and reactive power to the Point of Delivery at levels
specified by Consumers. The instructions given by Consumers shall be consistent with the normal practices
adhered to by Consumers with respect to its own generators located on its system.
6.4 System Security
Installation, inspection, and calibration of relaying to trip generation for under- or over-frequency operation shall
be coordinated with Consumers, pursuant to Subsection 2.3.2, so as not to degrade the security of Consumers'
distribution system. Operating practices developed by Project Developer which call for manual tripping of
generation for under-or over-frequency operation shall likewise be coordinated and be consistent with the
provisions of East Central Area Reliability Document 3, "Emergency Procedures” During Declining System
Frequency, and any successor and/or supplemental documents, which are incorporated herein by reference.
6.5 Continuity of Service
Each Party shall exercise reasonable care to maintain continuity of service in the delivery and receipt of electric
energy. If service becomes interrupted for any reason, the cause of such interruption shall be removed and
normal operating conditions restored as soon as practicable.
6.6 Project Backup Power
If the Project Developer requires backup power from Consumers, the Project Developer will contract with
Consumers for the delivery of power provided to the Project under one of Consumers' established retail rates
set forth in Consumers’ tariffs, which are incorporated herein by reference. The provisions of such contract shall
be applied during periods when the Project is not delivering energy to Consumers. The Project Developer will
contract with Consumers for the purchase of energy or provide satisfactory evidence of the purchase of energy
from an alternative energy supplier for the purpose of providing power to the Project during periods when the
Project is not delivering energy to Consumers’ distribution system.
Project Developer shall have sufficient voltage regulation at the Project to maintain an acceptable voltage level
for Project equipment during such periods when the Project's generation is off line.
6.7 Consumers' Obligation to Connect
Consumers shall not be obligated to continue the electrical interconnection to the Project if it determines, in its
sole discretion, that any one or more of the following conditions exist, including but not limited to: (a) those
conditions listed in the Miscellaneous Operational Requirements section of the Michigan Electric Utility
Generator Interconnection Requirements, (b) electrical characteristics of the Project are not compatible with the
electrical characteristics of Consumers' distribution system, (c) the Project Developer is deficient in following
either the voltage schedule or reactive power schedule established by Consumers, (d) an emergency condition
exists on Consumers’ distribution system, (e) Project Developer's protective relay equipment fails, resulting in a
lack of the level of protection required by prudent utility practice, (f) the Project Developer’s Project is determined
to be disrupting Consumers customers, (g) Consumers requires disconnection of the Project in order to
construct, install, maintain, repair, replace, remove, investigate, inspect or test any part of Consumers’
Interconnection Facilities or any other Consumers equipment associated with the interconnection (also if a
required component (example: phone line) or required modification to allow interconnection fails or becomes
incapacitated and is not repaired in a timely manner), (h) by mutual consent, (i) Project Developer commits a
material breach of this agreement or (j) Project Developer’s failure to execute this agreement or upon
cancellation or termination of this agreement. Consumers shall electrically connect or reconnect its distribution
system to the Project when, in Consumers' sole opinion, the conditions named above cease to exist. Under any
of the conditions listed above, Consumers will follow the procedures for disconnecting and re-connecting the
interconnection as outlined in Appendix G of the appropriate Michigan Electric Utility Generator Interconnection
Requirements document.
Form 1200 6-2022 Page 7 of 13
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SECTION 7
INDEMNITY; INSURANCE
7.1 Indemnity
To the extent permitted by law, Project Developer covenants and agrees that it shall hold the Consumers, and
all of its agents, employees, officers and affiliates harmless for any claim, loss, damage, cost, charge, expense,
lien, settlement or judgment, including interest thereon, whether to any person or property or both, arising directly
or indirectly out of, or in connection with this Agreement, the Project, or any of Project Developer’s facilities and
associated appurtenances, to which the Consumers or any of its agents, employees, officers or affiliates may
be subject or put by reason of any act, action, neglect or omission on the part of the Consumers or the Project
Developer or any of its contractors or subcontractors or any of their respective officers, agents, employees, and
affiliates (excluding claims based on the Consumers’ reckless or intentional misconduct). If this Agreement is
one subject to the provisions of Michigan Act No. 165, PA 1966, as amended, then Project Developer will not
be liable under this section for damages arising out of injury or damage to persons or property directly caused
or resulting from the sole negligence of the Consumers, or any of its officers, agents or employees. The
provisions of this Subsection 7.1 shall survive termination or expiration of this Agreement.
7.2 Insurance
Project Developer shall obtain and continuously maintain throughout the term of this Agreement General Liability
insurance written on a standard occurrence form, or other form acceptable to Consumers, and covering bodily
injury and property damage liability with a per occurrence and annual policy aggregate amount of at least:
Minimum Limit
$1,000,000
When requested in writing by Consumers, said limit shall be increased each year that this Agreement is in force
to a limit no greater than the amount arrived at by increasing the original limit by the same percentage change
as the Consumer Price Index - All Urban Workers (CPI-U.S. Cities Average). Such policy shall include, but not
be limited to, contractual liability for indemnification assumed by Project Developer under this Agreement.
Consumers shall be named as an additional insured under such policy. The policy shall be primary coverage
with no contribution from any insurance maintained by Consumers. Consumers shall not be responsible for any
unpaid premiums under Project Developer policy.
Evidence of insurance coverage on a certificate of insurance shall be provided to Consumers upon execution of
this Agreement and thereafter within ten (10) days after expiration of coverage; however, if evidence of insurance
is not received by the 11th day, Consumers has the right, but not the duty, to purchase the insurance coverage
required under this Section and to charge the annual premium to Project Developer. Consumers shall receive
thirty (30) days advance written notice if the policy is cancelled or substantial changes are made that affect the
additional insured. At Consumers' request, Project Developer shall provide a copy of the policy to Consumers.
All certificates and notices CONSUMERS ENERGY COMPANY
shall be mailed to: Corporate Insurance Department, EP7-415
One Energy Plaza
Jackson, MI 49201-2276
SECTION 8
LIMITATION ON LIABILITY
Neither party shall in any event be liable to the other for any incidental or consequential damages such as, but not
limited to, lost profits, revenue or good will, interest, loss by reason of shutdown or non-operation of equipment or
machinery, increased expense of operation of equipment or machinery, cost of purchased or replacement power or
services or claims by customers, whether such loss is based on contract, warranty, negligence, strict liability or
otherwise, even if it has been advised of the possibility of such damages.
SECTION 9
FORCE MAJEURE
Neither Party shall be liable for failure to perform any of its obligations hereunder, to the extent due to fire, flood,
storm, other natural disaster, national emergency or war (referred to collectively as “Force Majeure”), and not due to
labor problems, inability to obtain financing, negligence or other similar condition of such Party, provided thateither
Party has given the other prompt notice of such occurrence. The Party affected shall exercise due diligence to
remove such Force Majeure with reasonable dispatch, but shall not be required to accede or agree to any provision
Form 1200 6-2022 Page 8 of 13
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not satisfactory to it in order to settle and terminate a strike or other labor disturbance.
SECTION 10
DEFAULT
A default of this Agreement (“Default”) shall occur upon the failure of a Party to perform or observe any material term
or condition of this Agreement, which includes, but is not limited to:
a. Failure to pay money when due;
b. Failure to comply with any material term or condition of this Agreement, including but not limited to any breach
of any material representation, warranty or covenant made in this Agreement;
c. A Party: (i) becomes insolvent; (ii) files a voluntary petition in bankruptcy under any provision of any federal or
state bankruptcy law or shall consent to the filing of any bankruptcy or reorganization petition against it under
any similar law; (iii) makes a general assignment for the benefit of its creditors or (iv) consents to the
appointment of a receiver, trustee or liquidator;
d. Assignment of this Agreement in a manner inconsistent with the terms of this Agreement;
e. Failure of either Party to provide information or data to the other Party as required under this Agreement,
provided the Party entitled to the information or data under this Agreement requires such information or data to
satisfy its obligations under this Agreement.
In the event of a Default by either Party, the Parties shall continue to operate and maintain, as applicable, its
Interconnection Facilities, protection and Metering Equipment, transformers, communication equipment, building
facilities, software, documentation, structural components and other facilities and appurtenances that are reasonably
necessary for Consumers to operate and maintain Consumers’ distribution system and for the Project Developer to
operate and maintain its Project in a safe and reliable manner. Upon a Default, the non-defaulting Party shall give
written notice of such Default to the defaulting Party. The defaulting Party then has 30 days to cure the Default. If a
Default is not cured within the period provided for herein or as agreed to by the Parties, the non-defaulting Party shall
have the right to terminate this Agreement and recover any damages and/or pursue any other remedies available
under this Agreement, by law, or in equity. Termination is not the non-defaulting Party’s exclusive remedy and is in
addition to any other rights and remedies it may have under this Agreement or by law. Failure of non-defaulting Party
to exercise any of its rights under this Section shall not excuse defaulting Party from compliance with the provisions
of this Agreement nor prejudice rights of Consumers to recover damages for such default.
SECTION 11
SUCCESSORS AND ASSIGNS
This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the respective Parties
hereto. This Agreement shall not be assigned, transferred or otherwise alienated without the other Party's prior
written consent, which consent shall not unreasonably be withheld. Any attempted assignment, transfer or alienation
without such written consent shall be void.
SECTION 12
GOVERNING LAW
This Agreement shall be deemed to be a Michigan contract and shall be construed in accordance with and governed
by the laws of Michigan, exclusive of its conflict of laws principles.
SECTION 13
EFFECTIVE DATE, TERM AND TERMINATION
The Effective Date of this Agreement shall be the date of execution and shall continue in effect until this Agreement
is terminated as provided herein. The Agreement may be terminated at any time by mutual agreement of both Parties,
or by either Party upon giving the other at least ninety (90) days written notice if one or more of the conditions exist
as outlined in Subsection 6.7, Consumers’ Obligation to Connect.
Form 1200 6-2022 Page 9 of 13
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SECTION 14
RETIREMENT
Upon termination of this Agreement pursuant to Section 13 or at such time after any of the Interconnection Facilities
described herein are no longer required, the Parties shall mutually agree upon the retirement of said Interconnection
Facilities which may include without limitation (i) dismantling, demolition, and removal of equipment, facilities, and
structures, (ii) security, (iii) maintenance and (iv) disposing of debris. The cost of such removal shall be borne by the
Party owning such Interconnection Facilities.
SECTION 15
ENTIRE AGREEMENT AND AMENDMENTS
This Agreement and the Michigan Electric Utility Generator Interconnection Requirements shall constitute the entire
understanding between the Parties with respect to the subject matter hereof, supersedes any and all previous
understandings between the Parties with respect to the subject matter hereof, and bind and inure to the benefit of
the Parties, their successors, and permitted assigns. No amendments or changes to this Agreement shall be binding
unless made in writing and duly executed by both Parties.
SECTION 16
NO PARTNERSHIP
This Agreement shall not be interpreted or construed to create an association, joint venture, agency relationship, or
partnership between the Parties or to impose any partnership obligation or partnership liability upon either Party.
Neither Party shall have any right, power or authority to enter into any agreement or undertaking for, or act on behalf
of, or to act as or be an agent or representative of, or to otherwise bind, the other Party.
SECTION 17
SEVERABILITY
If any provision or portion of this Agreement shall for any reason be held or adjudged to be invalid or illegal or
unenforceable by any court of competent jurisdiction or other Governmental Authority, (i) such portion or provision
shall be deemed separate and independent, (ii) the Parties shall negotiate in good faith to restore insofar as
practicable the benefits to each Party that were affected by such ruling, and (iii) the remainder of this Agreement shall
remain in full force and effect.
SECTION 18
NOTICE TO PARTIES
Unless otherwise provided in this Agreement, any notice, consent or other communication required to be made under
this Agreement, shall be in writing and (i) mailed postage prepaid, by certified or registered mail, return receipt
requested; (ii) mailed via a nationally recognized overnight delivery service, or (iii) delivered in person to the address
as the receiving Party may designate in writing.
All notices shall be effective when received.
SECTION 19
NO THIRD PARTY BENEFICIARIES
This Agreement is intended for the benefit of the Parties hereto and does not grant any rights to any third parties
unless otherwise specifically stated herein.
Form 1200 6-2022 Page 10 of 13
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SECTION 20
SECTION HEADINGS
The various headings set forth in this Agreement are for convenience of reference only and shall in no way affect the
construction or interpretation of this Agreement.
SECTION 21
COUNTERPARTS AND ELECTRONIC DOCUMENTS
This Agreement may be executed and delivered in counterparts, including by a facsimile or an electronic transmission
thereof, each of which shall be deemed an original. Any document generated by the Parties with respect to this
Agreement, including this Agreement, may be imaged and stored electronically and introduced as evidence in any
proceeding as if original business records. Neither Party will object to the admissibility of such images as evidence
in any proceeding on account of having been stored electronically.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement.
CONSUMERS ENERGY COMPANY CITY OF MUSKEGON
By: By:
(Signature) (Signature)
Gregory E. Kral Dan Vanderheide
(Print or Type Name) (Print or Type Name)
Title: Senior Engineer Lead Title:
Date: Date:
By:
(Signature)
(Print or Type Name)
Title:
Date:
Review and Approval
Reviewer Initials Date
NB Tenney
Form 1200 6-2022 Page 11 of 13
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EXHIBIT 1
SCOPE OF FACILITIES
1.1 General Facilities
Such facilities and associated appurtenances as required to interconnect Consumers’ existing Western Avenue
Substation – West Business Circuit distribution line to the Project Developer’s new 400 kW Project by way of a
new or modified interconnection, which shall include, but shall not be limited to the following:
1.2 Project Developer’s Interconnection Facilities
1.2.1 Four (4) SolarEdge SE100KUS inverters with a maximum real power rating of 100 kWAC per at 25°C
with nominal output voltage of 480 VAC and power factor of ±0.95 leading/lagging or better, certified in
compliance with IEEE 1547.1 and commissioning testing for anti-islanding.
1.2.2 A solar array consisting of solar modules with aggregate rating not to exceed 450 kWDC.
1.2.3 One (1) 1,600 A, 480 VAC, 3-phase, 3 wire, main disconnect switch.
1.2.4 One (1) 400A main distribution panel.
1.3 Consumers’ Interconnection Facilities
1.3.1 The existing service currently serving the site.
Form 1200 6-2022 Page 12 of 13
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EXHIBIT 2
WIRING DIAGRAM
Form 1200 6-2022 Page 13 of 13
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 23, 2024 Title: Acquisition of Vacant Lot at 748 Catherine
for Infill Housing from Muskegon Land Bank
Submitted by: Jake Eckholm, Development Department: Economic Development
Services Director
Brief Summary:
This lot recently had a grant funded demolition of a derelict home by the Muskegon County Land
Bank. Rather than see it sold privately to expand a lawn or sit vacant and sporadically maintained,
we would like to proactively acquire it for future phases of City-led infill housing.
Detailed Summary & Background:
We have recently been working to strengthen ties with the Muskegon County Land Bank Authority
and as a result of this we have a great system in place where we are notified of potential lots that
may benefit our urgent housing need. This lot was recently added to the inventory for the Land Bank
after a long-vacant home was demolished using State Land Bank grant dollars. As we finish out ARPA
Infill Housing we will be making recommendations on continued builds as part of a broader housing
strategy, and continuing our budgeted property acquisition will benefit all aspects of that.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse housing types
Progress toward completion of ongoing economic development projects
Goal/Action Item:
Amount Requested: Budgeted Item:
$3500 Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Public Improvement Fund Yes No N/A
Recommended Motion:
Motion to approve the purchase of the vacant lot at 748 Catherine for the sum of $3,500 as
presented, and to direct staff to close on the property.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
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Information
Technology
Other Division Heads
Communication
Legal Review
Page 59 of 165
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 23, 2024 Title: Chicken Ordinance
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Request to amend the Animals section of the City Code of Ordinances to allow residents to keep up
to six chickens at their residence, under certain conditions.
Detailed Summary & Background:
The ordinance would allow residents to keep up to six female chickens (no roosters) on a residential
parcel that has at least 3,000 sf. The property must be located in a zoning district that allows for single
family houses, duplexes, triplexes or quadplexes (Single Family Residential, RT, FBC-UR or FBC-LR). The
chickens must be kept in a coop, which shall be in a fenced or covered enclosure, and must contain
a feeding container. Chicken coops must be approved by the Zoning Administrator through the
development permit process.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
To approve the amendments to the Animal ordinance to allow for regulations on keeping chickens.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads X
Communication
Legal Review X
Page 62 of 165
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City of Muskegon
Muskegon County, Michigan
Ordinance Amendment No.
THE CITY OF MUSKEGON HEREBY ORDAINS:
Sec. 6-17. Livestock and poultry.
(a) Except as provided in this section, no livestock shall be kept in the city.
(b) No live poultry, excluding chickens kept pursuant to section (f) below, shall be kept in
the city.
(c) No more than two (2) rabbits shall be kept on any premises in the city. The two (2)
rabbits which may be kept at premises shall be in a pen located at least 25 feet from
any dwelling and constructed and maintained in accordance with standards published
in the industry or by a 4-H organization.
(d) No wild animal shall be kept permanently or temporarily in the city unless affiliated
with a transient circus or carnival having all required permits to operate in the city, or
a licensed zoo.
(e) Education Exception
1. Upon submission of a site plan and approval by the Planning Commission, an
educational institution may keep a limited number of livestock, poultry, fowl,
rabbits and other animals for educational purposes.
2. An “educational institutional” for purposes of this ordinance is defined as an
accredited educational institution, such as a school within the Muskegon Area
Intermediate School District, an elementary, intermediate, and/or secondary
school, college, university or other such institution of higher learning, public
and private, offering courses in general, technical or religious education, not
operated for profit and in full compliance with the City’s Zoning Ordinance.
3. Measures must be taken to ensure that the livestock and other animals are not a
nuisance to neighboring properties for any reason, including the noise, smell,
disease or danger that they may cause.
4. All livestock and other animals must be located at least 25 feet from any
dwelling.
5. All state and federal laws and regulations pertaining to the housing and care of
animals shall be followed. In addition, the program using the animals as part of
its educational curriculum must comply with the career tech program guidelines
and regulations.
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(f) Keeping of Chickens
1. Up to six (6) female chickens may be kept on a tax parcel having at least 3,000
square feet and located in a Single-Family Residential District, RT Two Family
Residential District, Form Based Code, Urban Residential District or Form
Based Code, Lakeside Residential District. Roosters may not be kept in the city.
2. The female chickens shall be kept in a chicken coop, which shall be in a fenced
or covered enclosure. The fenced or covered enclosure shall comply with
setback requirements established in the City’s Zoning Ordinance and shall not
cover more than 50% of the rear yard. All aspects of the fenced or covered
enclosure shall be as provided for in a development permit approved by the
Planning Department and shall be repaired and maintained in a manner resistant
to predators.
3. In addition to the chicken coop, the fenced or covered enclosure shall contain a
feeding container. Ground feeding is prohibited. All unused or unconsumed
food shall be adequately secured and stored after every feeding. All unused or
unconsumed food shall not be left open to or accessible by other animals.
4. The keeping of chickens shall be done in such a manner that all health and safety
standards of the City’s Property Maintenance Code are satisfied.
(g) Violation and Penalties
1. The owner and occupant of a tax parcel shall insure compliance with all
provisions of this Section.
2. Any person who violates any provision of this Section shall be responsible for
a municipal civil infraction.
(h) Civil Remedies for Violation
1. In case any dwelling, property, chicken coop, fenced or covered enclosure, or
feeding container is maintained in violation of any provision of this Section, the
city may institute an action in circuit court to prevent such unlawful
maintenance; to restrain correct or abate such violation or nuisance, or to
prevent conduct on such tax parcel.
2. The judgement of the court in such cause may direct the correction, repair or
rehabilitation of the dwelling or building or the abatement of the violation, may
authorize a reasonable time within which the defendant may make such
2
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correction or abatement and may authorize the city to execute and carry out the
provisions of the judgment in case of default of the defendant. Whenever the
city has incurred any expense in the enforcement of this article or in obtaining
a judgement of the court or if inspection fees are due, such expenses and fees
may be recovered.
3. The city shall have a lien upon the premises for all fees due and amounts
expended to correct, repair, rehabilitate or abate a condition or violation thereon
and for expenses necessarily incurred in the obtaining and executing of a
judgment, which shall be a lien placed on the tax parcel and may be placed on
the tax bill and have priority over all other liens or encumbrances except taxes
or assessments may be enforced by levy as in the case of real property taxes, by
personal action or judicial foreclosure. The lien shall be effective on the date
billed by the city.
4. In any action instituted by the city under this section, the city attorney may file
in the office of the register of deeds of the county a notice of the pendency of
the action or proceedings. A notice may be filed as the time of the
commencement of the action or proceeding or at any time thereafter before final
judgment or order or at any time after the service of any notice or order issued
by the city. The notice shall have the same force and effect as a lis pendens.
Such notice may be vacated upon the order of the judge of the court in which
the action or proceeding was instituted or is pending or by consent in writing of
the city of the city attorney.
This Ordinance Adopted:
Ayes:
Nays:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: ______________________________
Ann Marie Meisch, MMC
Clerk, City of Muskegon
CERTIFICATE
3
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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 day of , 2024 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.
CITY OF MUSKEGON
Published: _________________, 2024 By:
Ann Marie Meisch, MCC
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
4
Page 67 of 165
TO: ALL PERSONS INTERESTED
Please take notice that on ___________________, 2024 the City Commission of the City
of Muskegon adopted an amendment to Chapter 6 “Animals”, whereby the following changes were
made:
(f) Was added to permit the keeping of up to six (6) chickens under certain conditions and
in certain zoning districts.
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, 49440 during regular business
hours.
This ordinance amendment is effective ten (10) days from the date of this publication.
CITY OF MUSKEGON
Published: _________________, 2024 By:
Ann Marie Meisch, MCC
Clerk, City of Muskegon
------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
5
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 23, 2024 Title: Scattered Site Payment In Lieu of Taxes
Agreement with Green Development Ventures,
LLC (Allen Edwin Homes)
Submitted by: Jake Eckholm, Development Department: Economic Development
Services Director
Brief Summary:
This is our first opportunity to take advantage of the new "scattered site" Payment in lieu of Taxes law
passed in Michigan last year, which will allow Green Development Ventures, LLC (Allen Edwin) to infill 36
homes over the next several years for workforce rental housing.
Detailed Summary & Background:
For nearly a year, the Development Services Division has been exploring opportunities to broaden the
scope of our current infill housing program. A new tool has come online in Michigan through Public
Act 239, an amendment to the State's main affordable housing legislation. Previously, the State of
Michigan only allowed cities to issue housing tax exemptions (PILOT) to Low Income Housing Tax
Credit developments, which are almost always larger format multifamily apartment buildings. This has
made it difficult to subsidize single family or smaller multiplexes for working families and often results in
new construction rental stock that is only at higher market rates. This has also led to a market where
often the only subsidized units are geared towards people at or below 80% of the area median
income, though there is still a sizable shortage of those units as well.
Our 2023-2027 Housing Needs Assessment illustrates a need for 295 units in the next five years with
rents between $1,431-$2,145,and 403 between $895 and $1,430. The 36 units proposed by Allen Edwin
will largely be 4 bedroom, 2 bathroom homes that will rent between $1,400 and $1,700 per month.
Staff has attached the latest MSHDA rents table that would restrict Allen Edwin to charge rents below
120% Area Median Income thresholds throughout the life of this agreement. To put this in context for
our community, examples of households earning 100-120% of the AMI would be a single adult who is
a full-time teacher in their first five years, or wherein one adult works full time in entry level
manufacturing and the other works part-time in retail. Essentially, these houses will be targeting
"working class" people who are often house burdened and until recently have had few options
available to them for subsidy.
As with other PILOT agreements, the City would forego traditional property taxes, and instead be
paid a percentage of the gross rents paid during the tax year. The relevant state statute defines 10%
of gross rents as the minimum, which is what is proposed here. It should be noted that this is slightly to
considerably higher than the typical LIHTC deal we have seen in past years. For example, if the
average rent collected on these 36 houses is $1,500 a month, the total portfolio once complete will
gross $648,000 annually. The city would assess $64,800, or 10%, and then distribute that
proportionately to the various taxing jurisdictions as though it were traditional property taxes. The
city's share of this annual PILOT would be roughly $14,000, as compared with roughly $45,000 if they
were taxed traditionally. These savings of 2/3rds of the taxes is the incentive for the developer to
agree to restrict the rents to the limits set by MSHDA for the 15-year time period of this agreement.
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Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse housing types
Progress toward completion of ongoing economic development projects
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
Motion to approve the Workforce Housing Restrictive Covenant between Green Development
Ventures, LLC and the City of Muskegon as presented and to authorize the mayor and clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head Yes
Information
Technology
Other Division Heads
Communication
Legal Review
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Thomas Larabel (Jun 8, 2023 16:58 EDT)
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Muskegon Infill 36 Lot PA - WFH
Final Audit Report 2023-06-08
Created: 2023-06-08
By: Kimi Warner ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAf0a0EPAzZpbHjbHEU87pdVfN6N33rng3
"Muskegon Infill 36 Lot PA - WFH" History
Document created by Kimi Warner ([email protected])
2023-06-08 - 5:15:08 PM GMT- IP address: 205.178.102.241
Document emailed to Thomas Larabel ([email protected]) for signature
2023-06-08 - 5:15:40 PM GMT
Email viewed by Thomas Larabel ([email protected])
2023-06-08 - 8:04:43 PM GMT- IP address: 104.47.58.126
Document e-signed by Thomas Larabel ([email protected])
Signature Date: 2023-06-08 - 8:58:34 PM GMT - Time Source: server- IP address: 174.240.117.37
Agreement completed.
2023-06-08 - 8:58:34 PM GMT
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WORKFORCE HOUSING RESTRICTIVE COVENANT
This Workforce Housing Restrictive Covenant (“Restrictive Covenant”) is made by and between
the City of Muskegon, Michigan (“Municipality”) and Green Development Ventures LLC (“Sponsor”) as
of ________________, 2023.
R E C I T A L S:
A. Sponsor is the owner of certain real property in the City of Muskegon, County of
Muskegon, Michigan, and more particularly described by Exhibit A (the “Property”), which is attached
hereto and incorporated by reference into this Agreement.
B. Sponsor has offered to provide thirty-six workforce housing units on the Property (the
“Project”) and has applied to Municipality for a workforce housing exemption from ad valorem property
taxes under Section 15a of the State Housing Development Authority Act, being Public Act 346 of 1966,
as amended (the “Act”).
C. In consideration of Sponsor’s offer to undertake the Project, Municipality has agreed to
exempt the Project from all ad valorem property taxes imposed by any taxing jurisdiction and to accept in
lieu thereof payment of an annual service charge for a period of 15-years as provided by Chapter 82 of the
City Code of Ordinances, as amended (“Ordinance”).
D. Upon completion of the Project, the annual service charge paid in lieu of all ad valorem
property taxes shall be equal to ten percent (10%) of the annual shelter rents collected from the Project and
shall be paid as provided in the Ordinance.
E. Sponsor and Municipality agree that the economic feasibility of the Project depends upon
the continuing effect of the annual service charge in lieu of all ad valorem taxes approved by Municipality
for the 15-year exemption period.
F. Accordingly, upon recording with the Muskegon County Register of Deeds, this Restrictive
Covenant will restrict use of the Project to workforce housing for the 15-year exemption period.
NOW, THEREFORE, in consideration of Municipality’s acceptance of payment of the annual
service charge in lieu of all ad valorem property taxes and Sponsor’s commitment to construct or rehabilitate
the Project, Sponsor and Municipality hereby covenant as follows:
1. Recitals. The above recitals are acknowledged as true and correct, and are incorporated by
reference into this paragraph.
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2. Definitions. All words and phrases used in this Restrictive Covenant have the same
meaning as defined in the Act or the Ordinance.
3. Workforce Housing Covenant. The Project will, upon completion of the proposed
construction or rehabilitation, constitute workforce housing for households for persons and families whose
household income is not greater than 120% of the area median income, as published by the Michigan State
Housing Development Authority (“the Authority) for Muskegon County, adjusted for family size. All of
the housing units in the Project will be rented, or available for rental, on a continuous basis to members of
the general public throughout the term of this Restrictive Covenant.
4. Term of Exemption. The exemption from ad valorem property taxes approved by
Municipality shall remain in effect in accordance with this Restrictive Covenant restricting use of the Project
to workforce housing for a period of 15-years, ending on December 31, 2039, or so long as the Project is
used as workforce housing, whichever is less.
5. No Violation. Sponsor agrees that it will not knowingly take or permit any action that
would result in a violation of the requirements of this Restrictive Covenant or the Ordinance, which is
incorporated herein as if a part of this Restrictive Covenant. Further, Sponsor agrees to take any required
action, including the amendment of this Restrictive Covenant, as may be necessary, in the determination of
the Municipality or of the Michigan State Housing Development Authority (the “Authority”), to comply
with the Ordinance. If Municipality determines that the Project is not in compliance with the requirements
of this Restrictive Covenant, and Sponsor, after receiving written notice of the non-compliance from
Municipality, does not correct such non-compliance within thirty (30) days, Municipality shall be entitled
to take such actions as it deems necessary to enforce the provisions of this Restrictive Covenant.
6. Sponsor to Demonstrate Compliance. Sponsor will provide Municipality with such
certifications, reports and other information as are required by Municipality to demonstrate compliance
with the Ordinance. Sponsor will provide Municipality and Authority with an annual verification of
compliance with this Restrictive Covenant, in a form specified by the Authority.
7. Transfer of Ownership. Sponsor will, prior to a sale or other voluntary transfer of
ownership of the Project or any part thereof, notify Municipality in writing, and will enter into any
agreements with the purchaser or transferee as may be prescribed by Municipality to ensure such purchaser's
or transferee's compliance with this Restrictive Covenant and Michigan law.
8. Enforceability. This Restrictive Covenant is enforceable in any court in the State of
Michigan having jurisdiction thereof, by Municipality, and to the extent required by the Ordinance, by any
individuals who are tenants of the Project.
9. Covenant Running with the Land; Binding Effect. The foregoing covenant shall
constitute and be enforced as a covenant running with the land under Michigan law and shall be binding on
all successors or assigns of Sponsor or Municipality and any future owner or operator of the Project for the
full 15-year exemption period.
10. Miscellaneous. In the event of any conflict between the terms of this Restrictive Covenant
and the requirements of the Ordinance the requirements of the Ordinance shall prevail. This Restrictive
Covenant may only be amended or terminated by a writing signed by both Sponsor and Municipality. The
invalidity of any clause or provision of this Restrictive Covenant shall not affect the validity of the
remaining portions thereof.
IN WITNESS WHEREOF, is this Covenant is effective as of January 23rd, 2024.
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[Signature Pages Follow]
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CITY OF MUSKEGON
By: ________________________________________
Its: ________________________________________
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
The foregoing instrument was acknowledged before me this day of January 24th, 2024 by Kenneth
Johnson, as Mayor of the City of Muskegon, a municipal corporation of the State of Michigan.
Notary Public, ________________County, MI
My Commission Expires:
Acting in _________________ County, MI
4
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SPONSOR
GREEN DEVELOPMENT VENTURES LLC
By: _____________________________________
Its:
STATE OF )
) ss
COUNTY OF NEWAYGO )
The foregoing instrument was acknowledged before me this ____ day of __________, by
______________________, as the ___________________________ of ______________________, a
Michigan _______________, on behalf of said _______________.
Notary Public, __________County, MI
My Commission Expires:
Acting in ________________County, MI
DRAFTED BY:
WHEN RECORDED RETURN TO:
5
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EXHIBIT A
Legal Description of Property
6
MJ_DMS 36842302v2
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 23, 2024 Title: Green Development Ventures, LLC (Allen
Edwin Homes) PILOT Fee Resolution
Submitted by: Jake Eckholm, Development Department: Economic Development
Services Director
Brief Summary:
A resolution is required to establish the annual Payment in lieu of Taxes (PILOT) fee for the proposed
infill housing scattered site project proposed by Green Development Ventures, LLC (Allen Edwin).
Detailed Summary & Background:
This reolution acts in concert with the proposed Restrictive Covenant on the agenda as necessary
documents to be passed by a local municipality in order to establish a PILOT for scattered site homes.
The resolution sets the annual payment at 10% of gross shelter rents for the life of the PILOT.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse housing types
Progress toward completion of ongoing economic development projects
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
Motion to adopt the Resolution establishing the annual PILOT fee as presented, and authorize the
mayor and clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head Yes
Information
Technology
Other Division Heads
Communication
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Legal Review
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Resolution Setting Annual Service Fee
for the Workforce Housing Development
by Green Development Ventures, LLC
Whereas, Green Development Ventures, LLC (the “Sponsor”), has applied to the City of
Muskegon for a determination that a proposed workforce housing project sponsored
by it at 1227 Adams, 514 Oak, 1919 Elwood, 733 Marcoux, 586 Orchard,912 E.
Isabella, 501 E. Apple, 499 Ada, 1115 Chestnut, 1123 Chestnut, 613 E. Isabella,
1968 Park, 1280 Sanford, 1338 Arthur, 1459 Terrace, 1694 Pine, 1691 Smith, 204
W. Dale, 237 Washington, 1259 Sanford, 390 Catherine, 430 Langley, 730
Marcoux, 1725 Wood, 367 E. Holbrook, 1874 Manz, 582 Amity, 586 Allen, 1282
Fleming, 1773 Superior, 741 Getty, 1778 Pine, 1867 Austin, 357 E. Isabella, 1303
Sixth Street, and unaddressed parcel 24-205-406-0009-00 is entitled to the
exemption from taxes authorized by Chapter 82 of the City of Muskegon Code of
Ordinances; now therefore, be it
Resolved, that the proposed workforce housing project is within the class of housing
developments entitled to an exemption under Chapter 82, if it meets the following
contingencies:
a. Sponsor shall provide documentation to the City substantiating ownership
of the subject properties.
b. Construction of at least 12 units of the proposed workforce housing project
shall be commenced within twelve (12) months from the date of the
Michigan State Housing Development Authority’s (MSHDA) notification
of exemption, or this resolution shall be void and of no effect.
c. For the life of the this Workforce Housing Resolution, 100% of the dwelling
units in the proposed workforce housing project will be restricted to rental
units or other housing options that are reasonably affordable to, and
occupied by, a household whose total household income is not greater than
120% of the area median income published by the United States Department
of Housing and Urban Development.
d. The Sponsor shall submit an affidavit to MSHDA in the form required by
MSHDA for certification that the workforce housing project is eligible for
the workforce housing exemption.
e. Upon receipt of notification from MSHDA that the workforce housing
project is eligible for a workforce housing exemption, the Sponsor shall file
the certified notification of exemption with the City Assessor before
November 1 of the year preceding the tax year in which the exemption is to
effective; and,
f. Sponsor shall record a restrictive covenant in a form acceptable to the City
Attorney. The restrictive covenant shall be recorded in the register of deeds
for the county in which the workforce housing project is located and shall
comply with the requirements of Chapter 82; and, further be it
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Resolved, that in lieu of ad valorem property taxes, the Sponsor shall pay an annual service
charge equal to ten percent (10%) of the “Annual Shelter Rents” as defined in
Section 82-52 for that portion of the workforce housing project occupied for
Workforce Housing; and, further be it
Resolved, that annually, no later than April 29, the Sponsor shall provide the City Assessor
the Sponsor’s budget for Annual Shelter Rent for the current calendar year and a
copy of Sponsor’s audited financial statements for the preceding calendar year,
prepared in accordance with generally accepted auditing standards or, if Sponsor is
not subject to an audit requirement, Sponsor’s compiled financial statements for the
preceding calendar year prepared in accordance with generally accepted accounting
principles and certified by Sponsor; and, further be it
Resolved, that the tax exempt status granted by this Resolution shall remain in effect for 15
years, unless otherwise terminated pursuant to Chapter 82 or this Resolution; and,
further be it
Resolved, that all portions of Chapter 82 are hereby incorporated by reference; and, further be
it
Resolved, that this Resolution may be assigned by the Sponsor only to subsequent owners of
the workforce housing project who shall agree to abide to its terms. If not assigned,
to and accepted by subsequent owners of the workforce housing project, it shall
automatically terminate; and further be it
Resolved, that the Mayor and City Clerk execute a contract with the Sponsor providing the
tax exemption and acceptance of payments in lieu of taxes as defined within this
resolution and its application, such contract subject to approval as to substance by
the City Manager and as to form by the City Attorney.
YEAS: _______
NAYS: _______
I hereby certify that the above Resolution was adopted
by the City Commission of the City of Muskegon at its
regular meeting held on ________, in the Commission
Chambers, City Hall, 933 Terrace, Muskegon, Michigan.
Ann Meisch, City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 23, 2024 Title: Sale of 740 Leonard Avenue
Submitted by: LeighAnn Mikesell, Deputy City Department: Manager's Office
Manager
Brief Summary:
Staff is seeking approval of the sale of 740 Leonard Avenue.
Detailed Summary & Background:
740 Leonard Avenue was constructed through the agreement with Rudy Briggs to construct infill
housing with ARPA funding. The offer is for full asking price.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A x
Recommended Motion:
to approve the purchase agreement for 740 Leonard Avenue.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
#
DATE: 12/15/2023 , 1:00PM (time) MLS #
SELLING OFFICE: Nexes Realty BROKER LIC.#: REALTOR® PHONE: 2319550169
LISTING OFFICE: TLK Real Estate Inc. REALTOR® PHONE: 231-375-8779
1. Effective Date: This Agreement is effective on the date of Seller's acceptance of Buyer's offer or Buyer's acceptance of any
counteroffer, as the case may be, and this date shall hereafter be referred to as the "Effective Date". Further, any reference to "days"
in this Agreement refers to calendar days. The first calendar day begins at 12:01 a.m. on the day after the Effective Date. Any reference
to "time" refers to local time.
2. Agency Disclosure: The Undersigned Buyer and Seller each acknowledge that they have read and signed the Disclosure Regarding
Real Estate Agency Relationships. The selling licensee is acting as (choose one):
Agent/Subagent of Seller Buyer’s Agent Dual Agent (with written, informed consent of both Buyer and Seller)
Transaction Coordinator
Primary Selling Agent Name: Blake Evans Email: [email protected] Lic.#:
Alternate Selling Agent Name: Email: Lic.#:
3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.)
Buyer has received the Seller’s Disclosure Statement, dated .
Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt
of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this
Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by
registered mail. Exceptions:
Seller is exempt from the requirements of the Seller Disclosure Act.
4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached
and will be an integral part of this Agreement.
5. Property Description: Buyer offers to buy the property located in the City Village Township of Muskegon ,
County of Muskegon County , Michigan, commonly known as (insert mailing address: street/city/state/zip code)
740 Leonard Avenue, Muskegon, MI 49442
with the following legal description and tax parcel ID numbers:
PP# .
The following paragraph applies only if the Premises include unplatted land:
Seller agrees to grant Buyer at closing the right to make (insert number) All division(s) under Section 108(2), (3), and
(4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays
with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the
number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale
will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or
before NA , of the proposed division to create the Premises.
6. Purchase Price: Buyer offers to buy the Property for the sum of $ 225,000.00
two hundred twenty-five thousand U.S. Dollars
7. Seller Concessions, if any: 5000.00
8. Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.)
SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below
are currently available to Buyer in cash or an equally liquid equivalent.
If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within
three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall
receive a refund of Buyer’s Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price.
CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual Agent
verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information to Seller and/or
Seller’s Agent. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement
at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be
arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement.
NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to
obtain a CONV. type 30 (year) mortgage in the amount of 85 % of the Purchase Price
bearing interest at a rate not to exceed MRKT % per annum (rate at time of loan application), on or before the date the sale is
to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to
process the application, within 5 days after the Effective Date, not to impair Buyers’ credit after the date such loan if
offered. Seller Buyer will agree to pay an amount not to exceed $ representing repairs required as a
condition of financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from
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Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent.
Exceptions:
SELLER FINANCING (choose one of the following): CONTRACT or PURCHASE MONEY MORTGAGE
In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the
credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if
Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer
within 48 hours. Seller is advised to seek professional advice regarding the credit report.
$ upon execution and delivery of a
form (name or type of form and revision date), a copy of which is attached, wherein the balance of $
will be payable in monthly installments of $ or more including interest at % per annum,
interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance
will become due and payable months after closing. Any appraisal required by Buyer shall be arranged and
paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions:
EQUITY (choose one of the following): Formal Assumption or Informal Assumption
Upon execution and delivery of: Warranty Deed subject to existing mortgage OR Assignment of Vendee Interest
in Land Contract, Buyer to pay the difference (approximately $ ) between the Purchase Price above
provided and the unpaid balance (approximately $ ) upon said mortgage or land contract, which Buyer
agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future
taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten
(10) days after the Effective Date of this Agreement. Exceptions:
OTHER:
9. Contingencies: Buyer’s obligation to consummate this transaction (choose one):
IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer.
IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at:
A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale
or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in
writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest
Money Deposit.
IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing
of a sale or exchange of Buyer’s property located at
on or before . Seller will have the right to continue to
market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy
thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such
price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified
promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions:
10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All
improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the
following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and
bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage
disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached
shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and
pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on
heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid
heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete
rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball
backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars;
detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door
opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes:
All Appliances, stove, refrigerator, microwave, dishwasher and all window treatments to remain with home
but does not include:
720 Leonard Avenue, Muskegon, MI 49442 12/15/2023 1:00PM
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
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LM Seller’s Initials
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11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
expended through normal use. Exceptions:
12. Assessments (choose one):
If the Property is subject to any assessments,
Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless
of any installment arrangements), except for any fees that are required to connect to public utilities.
Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume
and pay all other installments of such assessments.
Seller has an ongoing obligation through the Closing to disclose to the Buyer any known pending assessments, including, but not limited
to, any mandatory utility connection requirements, and/or benefit charges, and condominium special assessments, that have not been
previously disclosed in writing to Buyer.
13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all taxes
billed after those addressed below.
Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property
tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the
Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when
property is transferred.
No proration. (Choose one):
Buyer Seller will pay taxes billed summer (year);
Buyer Seller will pay taxes billed winter (year);
Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if
necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment
and prorated to the date of closing with Seller paying for January 1 through the day before closing.
Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one): advance. arrears.
Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal
year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken
down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions:
14. Well/Septic: Within ten (10) days after the Effective Date, (choose one) Seller or Buyer will arrange for, at their own expense,
an inspection of the primary well used for human consumption (including a water quality test for coliform bacteria and nitrates) and
septic systems in use on the Property. The inspection will be performed by a qualified inspector in a manner that meets county (or
other local governmental authority, if applicable) protocol.
If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may,
within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a
refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails
to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as-is.
Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable
resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of
termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract,
Buyer will proceed to closing according to the terms and conditions of this Agreement.
Other:
15. Inspections & Investigations:
Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at
Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be
Buyer’s responsibility and expense.
Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances
and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the
Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone.
All inspections and investigations will be completed within ____7 days after the Effective Date. If the results of Buyer’s inspections and
investigations are not acceptable to Buyer, Buyer may, within the above referenced period, either (a) terminate this Agreement by
written notice to Seller and receive a refund of Buyer’s Earnest Money Deposit, or (b) make a written proposal to Seller to correct those
unsatisfactory conditions, which proposal must be in the form of a proposed addendum and must be signed by Buyer in order for it to
be effective. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have
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accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this
Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of
Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a refund of
any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed
to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this Agreement.
Buyer has waived all rights under this Inspections & Investigations paragraph.
Exceptions:
16. Municipal Compliances: Seller will arrange and pay for current certificates of occupancy, sidewalk compliance, and smoke detector
ordinances, if applicable.
17. Title Insurance: Seller agrees to convey marketable title to the Property subject to conditions, limitations, reservation of oil, gas and
other mineral rights, existing zoning ordinances, and building and use restrictions and easements of record. An expanded coverage
ALTA Homeowner’s Policy of Title Insurance in the amount of the Purchase Price shall be ordered by Seller and furnished to Buyer at
Seller’s expense, and a commitment to issue a policy insuring marketable title vested in Buyer, including a real estate tax status
report, will be made available to Buyer within ten (10) days after the Effective Date. If Buyer so chooses, or if an expanded policy is
not applicable, then a standard ALTA Owners’ Policy of Title Insurance shall be provided.
If Buyer objects to any conditions, Buyer may, within three (3) days of receipt of the Title Commitment, by written notice to Seller,
either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct
those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
deemed to have accepted the Title Commitment as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s
proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days
after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and
shall receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day
period, Buyer will be deemed to accept the Title Commitment as-is and will proceed to closing according to the terms and conditions
of this Agreement. Exceptions:
18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property
and the location of improvements thereon.
Buyer or Seller (choose one) shall within ten (10) days of the Effective Date, order, at their expense, a boundary survey with iron
corner stakes showing the location of the boundaries, improvements and easements in connection with the Property. Upon receipt of
the survey, Buyer will have three (3) days to review the survey. If the survey shows any condition, in Buyer’s sole discretion, which
would interfere with Buyer’s intended use of the Property, the marketability of the title, or zoning non-compliance, then Buyer may,
within said three (3) day period, terminate this Agreement, in writing, and Buyer will receive a full refund of Buyer’s Earnest Money
Deposit.
No survey. Buyer has waived all rights under this paragraph.
When closing occurs, Buyer shall be deemed to have accepted the boundaries of the Property and the location of such improvements
thereon. Exceptions:
Seller to provide existing survey if available
19. Home Protection Plan: Buyer and Seller have been informed that home protection plans may be available. Such plans may provide
additional protection and benefit to the parties. Exceptions:
20. Prorations: Rent; association dues/fees, if any; insurance, if assigned; interest on any existing land contract, mortgage or lien
assumed by Buyer; will all be adjusted to the date of closing. For the purposes of calculating prorations, it is presumed that Seller
owns the Property through the day before closing.
21. Closing: If agreeable to Buyer and Seller, the sale will be closed as soon as closing documents are ready, but not later than
01/15/2023 . An additional period of fifteen (15) days will be allowed for closing to accommodate the correction of
title defects or survey problems which can be readily corrected, or for delays in obtaining any lender required inspections/repairs. During
this additional period, the closing will be held within 5 days after all parties have been notified that all necessary documents have been
prepared. Buyer and Seller will each pay their title company closing fee, if applicable, except in the case of VA financing where Seller
will pay the entire closing fee. Exceptions:
22. Pre-Closing Walk-Through: Buyer (choose one) reserves waives the right to conduct a final walk-through of the
Property within three (3) days of the scheduled closing date. The purpose of the walk-through is to determine that the Property is in
a substantially similar condition as of the Effective Date, any contractually agreed upon items have been fulfilled, and that any included
personal property is still located at the Property. Buyer shall immediately report to Seller any objections to these conditions and Buyer’s
requested corrective action.
23. Possession: Seller will maintain the Property in its present condition until the completion of the closing of the sale. Possession to be
delivered to Buyer, subject to rights of present tenants, if any.
At the completion of the closing of the sale.
At a.m. p.m. on the day after completion of the closing of the sale, during which time Seller
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will have the privilege to occupy the Property and hereby agrees to pay Buyer $ as an occupancy
fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds.
If Seller fails to deliver possession to Buyer on the agreed date, Seller shall become a tenant at sufferance and shall pay to Buyer as
liquidated damages $ 350 per day plus all of the Buyer’s actual reasonable attorney's fees incurred in removing the Seller
from the Property.
If Seller occupies the Property after closing, Seller will pay all utilities during such occupancy. Buyer will maintain the structure and
mechanical systems at the Property. However, any repairs or replacements necessitated by Seller’s misuse, abuse, or neglect of any
portion of the Property will be Seller’s responsibility and expense.
On the agreed delivery date, Seller shall deliver the Property free of trash and debris and in broom-clean condition, shall remove all
personal property (unless otherwise stated in this or an additional written agreement), shall make arrangements for final payment on
all utilities, and shall deliver all keys to Buyer. Exceptions:
24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 9:00AM (time) on
12/18/2023 (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted by
Seller, will constitute a binding Agreement between Buyer and Seller. An Earnest Money Deposit in the amount of $ 2500.00
shall be submitted to TrANSNATION TITLE (insert name of broker, title
company, other) within 72 hours of the Effective Date of this Agreement, and shall be applied against the Purchase Price. If the Earnest
Money Deposit is not received within 72 hours of the Effective Date or is returned for insufficient funds, Seller may terminate this
Agreement until such time as the Earnest Money Deposit is received. If Seller terminates this Agreement under this provision, Seller
waives any claim to the Earnest Money Deposit. If the sale is not closed due to a failure to satisfy a contingency for a reason other
than the fault of Buyer, the Earnest Money Deposit shall be refunded to Buyer. If the sale is not closed as provided in this Agreement
and Buyer and Seller do not agree to the disposition of the Earnest Money Deposit, then Buyer and Seller agree that the Broker holding
the Earnest Money Deposit may notify Buyer and Seller, in writing, of Broker’s intended disposition of the Earnest Money Deposit. If
Buyer and Seller do not object to such disposition in writing within fifteen (15) days after the date of Broker’s notice, they will be deemed
to have agreed to Broker’s proposed disposition; if either Buyer or Seller object and no mutually agreeable disposition can be
negotiated, Broker may deposit the funds by interpleader with a court of proper jurisdiction or await further actions by Buyer and Seller.
In the event of litigation involving the deposit, in whole or in part, either the Seller or the Buyer that is not the prevailing party, as
determined by the court, will reimburse the other for reasonable attorneys’ fees and expenses incurred in connection with the litigation,
and will reimburse the Broker for any reasonable attorneys’ fees and expenses incurred in connection with any interpleader action
instituted. If the entity holding the Earnest Money Deposit is not the Broker, then to the extent that the terms of any escrow agreement
conflict with this paragraph, then the terms and conditions of the escrow agreement shall control.
25. Professional Advice: Broker hereby advises Buyer and Seller to seek legal, tax, environmental and other appropriate professional
advice relating to this transaction. Broker does not make any representations or warranties with respect to the advisability of, or the
legal effect of this transaction. Buyer further acknowledges that REALTOR® above named in the Agreement hereby recommends to
Buyer that an attorney be retained by Buyer to pass upon the marketability of the title and to ascertain that the required details of the
sale are adhered to before the transaction is consummated. Buyer agrees that Buyer is not relying on any representation or statement
made by Seller or any real estate salesperson (whether intentionally or negligently) regarding any aspect of the Property or this sale
transaction, except as may be expressly set forth in this Agreement, a written amendment to this Agreement, or a disclosure statement
separately signed by Seller.
26. Disclosure of Information: Buyer and Seller acknowledge and agree that the Purchase Price, terms, and other details with respect
to this transaction (when closed) are not confidential, will be disclosed to REALTORS® who participate in the applicable Multiple Listing
Service, and may otherwise be used and/or published by that Multiple Listing Service in the ordinary course of its business.
27. Other Provisions:
-BUYER TO BE ABLE TO CREATE A PUNCH AND SELLER TO BE ABLE TO RECIEW AND APPROVE
28. Mergers and Integrations: This Agreement is the final expression of the complete agreement of Buyer and Seller, and there are no
oral agreements existing between Buyer and Seller relating to this transaction. This Agreement may be amended only in writing signed
by Buyer and Seller and attached to this Agreement.
29. Fax/Electronic Distribution and Electronic Signatures: Buyer and Seller agree that any signed copy of this Agreement, and any
amendments or addendums related to this transaction, transmitted by facsimile or other electronic means shall be competent evidence
of its contents to the same effect as an original signed copy. Buyer and Seller further agree that an electronic signature is the legal
equivalent of a manual or handwritten signature, and consent to use of electronic signatures. Buyer and Seller agree that any notice(s)
required or permitted under this Agreement may also be transmitted by facsimile or other electronic means.
30. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic
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communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’
license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the
Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with
Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme
to steal funds or use your identity.
31. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer.
Buyer 1 Address X Tracy Byers Buyer
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Buyer 1 Phone: (Res.) (Bus.) Tracy Byers
Print name as you want it to appear on documents.
Buyer 2 Address X Buyer
Buyer 2 Phone: (Res.) (Bus.)
Print name as you want it to appear on documents.
32. Seller’s Response: The above offer is approved: As written. X As written except:
1. Builder must review, negotiate, and approve punch list, per seller's request.
2. Any customized request(s) will be at the buyer's expense.
3. The seller will execute and deliver a quit claim deed at the closing.
Counteroffer, if any, expires 12/20/2023
12/11/2023 , at 9:00pm (time). Seller has the right to withdraw this
counteroffer and to accept other offers until Seller or Seller’s Agent has received notice of Buyer’s acceptance.
33. Certification of Previous Disclosure Statement: Seller certifies to Buyer that the Property is currently in the same condition as
disclosed in the Seller’s Disclosure Statement dated N/A (choose one): Yes No.
Seller agrees to inform Buyer in writing of any changes in the content of the disclosure statement prior to closing.
34. Notice to Seller: Seller understands that consummation of the sale or transfer of the Property described in this Agreement will not
relieve Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless otherwise agreed to by
the lender or required by law or regulation. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form
is available from the respective agents via the West Michigan REALTOR® Boards.
35. Listing Office Address: TLK Real Estate Inc Listing Broker License # 6505432389
Listing Agent Name: Terri Kitchen Listing Agent License # 6502432205
36. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s
response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required
below.
X (Seller’s Signature, Date, Time): LeighAnn Mikesell
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CITY OF MUSKEGON Is Seller a U.S. Citizen or Resident Alien? Yes No*
Print name as you want it to appear on documents.
X (Seller’s Signature, Date, Time):
Is Seller a U.S. Citizen or Resident Alien? Yes No*
Print name as you want it to appear on documents.
Seller’s Address: Seller’s Phone (Res.) (Bus)
* If Seller(s) is not a U.S. Citizen or Resident Alien, there may be tax implications and Buyer and Seller are advised to seek professional advice.
37. Buyer’s Receipt/Acceptance: Buyer acknowledges receipt of Seller’s response to Buyer’s offer. In the event Seller’s response
constitutes a counteroffer, Buyer accepts said counteroffer. All other terms and conditions in the offer remain unchanged.
X (Buyer’s Signature, Date, Time): Tracy Byers
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38. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer.
X (Seller’s Signature, Date, Time): LeighAnn Mikesell
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X (Seller’s Signature, Date, Time):
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 23, 2024 Title: Signing Purchase and Closing Documents
Submitted by: LeighAnn Mikesell, Deputy City Department: Manager's Office
Manager
Brief Summary:
Staff is requesting approval of a resolution which specifies who can sign purchase agreements and
closing documents on behalf of the city.
Detailed Summary & Background:
The resolution names Samantha Pulos as a city employee who is authorized to sign purchase
agreements and closing documents on behalf of the city. This authority fits into Samantha's new role
as the Code Coordinator in the Planning Department.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse housing types
Diversity reflected in businesses and business owners Improved reputation for inspections department
Micro-commercial areas in neighborhoods
Retain youth within the city
Neighborhood commercial center development
Progress toward completion of ongoing economic development projects
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A x
Recommended Motion:
to approve the resolution authorizing specific city staff to sign purchase agreements and closing
documents on behalf of the city.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information
Technology
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Other Division Heads
Communication
Legal Review
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Resolution ________________
RESOLUTION AUTHORIZING SAMANTHA PULOS TO SIGN ALL PURCHASE AGREEMENTS AND
CLOSING DOCUMENTS FOR PROPERTY TRANSACTIONS ON BEHALF OF THE CITY OF MUSKEGON.
Adopted this 23rd Day of January, 2024
By: _________________________________
Ken Johnson, Mayor
Attest: ______________________________
Ann Meisch, City Clerk
Certification
This resolution was adopted at a meeting of the City Commission, held on January 23,
2024. 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: _________________________________
Ann Meisch, City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 23, 2024 Title: Concur with CRC Acceptance of
Resignations and Appointment
Recommendations
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
To concur with the Community Relations Committees recommendation and accept resignations and
make appointments to various boards.
Detailed Summary & Background:
CRC recommendation to City Commission to accept resignations of:
Downtown Development/Brownfield Redevelopment/TIF Authority
John Riegler, Resident of District-term expiring 1/31/2026
Lakeside Business Improvement District
Andrea Chambers, Owner or representative term expiring 01/31/2025
Allen Serio, Owner or representative term expiring 01/31/25
And *reappointment/appointment of:
Board of Review
*David Medendorp, Citizen term expiring 01/31/2026
*Martha Bottomley, Citizen term expiring 01/31/2026
*Sherry Burt, Citizen term expiring 01/31/2026
Charlotte Barnes-Evans, Citizen expiring 01/31/2025
Citizen’s Police Review Board
*Shaundrica Roberts, move to Member of a Minority Based Organization expiring 01/31/2026
*Eric Hood, Law Enforcement Professional expiring 1/31/2026
Sarah Overly, Citizen At Large expiring 01/31/2025
Community Development Block Grant-Citizen’s District Council
*Perry Dennie, Representative of Ward 1 expiring 01/31/2027
DErika Nicholas-Lewis, Representative of Ward 2 expiring 01/31/2027
Construction Code Board of Appeals
*Brion Boucher, Architect expiring 01/31/2026
*Michael McPhall, Fire expiring 01/31/2026
Walter Christophersen, Electrical expiring 01/31/2026
Downtown Development/Brownfield Redevelopment/TIF Authority
*Michael Kleaveland, Interest of property in district expiring 01/31/2028
*Sherri Black, Citizen expiring 01/31/2028
Page 102 of 165
Kaja Thornton, Resident of district expiring 01/31/2026
Election Commission
*Betty Ivory-Roberts, Citizen expiring 01/31/2027
Equal Opportunity Committee
No action
Farmers Market Advisory Board
*Kim Martens, Seasonal farmer expiring 01/31/2027
*John Zandstra, Seasonal farmer expiring 01/31/2027
Historic District Commission
*Steven Radtke, local preservation society expiring 01/31/2027
*Jacquelyn Huss, local preservation society expiring 01/31/2027
Housing Code Board of Appeals
*Ed Simmons, Citizen expiring 01/31/2027
Housing Commission
Oneata Bailey, Citizen expiring 01/31/2029
Income Tax Board of Review
Patrick Kiely, Resident expiring 01/31/2027
Local Development Finance Authority
*Andrew Wible, Citizen with interest in district expiring 01/31/2028
Bennie Chambers, Citizen with interest in district expiring 01/31/2028
Local Officer’s Compensation Commission
Heather Hill, Citizen expiring 01/31/2031
Parks and Recreation Advisory Committee
*Lynnette Marks, Muskegon Schools representative expiring 01/31/2027
*Sarah DeLaRosa, Citizen Ward 1 expiring 01/31/2027
*Anthony Olshansky, Citizen Ward 2 expiring 01/31/2027
*David Ruck, Citizen Ward 3 expiring 01/31/2027
*Leann Heywood, Citizen Ward 4 expiring 01/31/2027
*John Burt, Citizen At large expiring 01/31/2027
Planning Commission
Lea Willett LeRoi, Citizen expiring 01/31/2027
Steve Gawron, Citizen expiring 01/31/2027
Zoning Board of Appeals
Deborah Crockett, Resident expiring 014/31/2027
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Page 103 of 165
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion:
Concur with the Community Relations Committees recommendation to accept resignations and
make appointments to various boards.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 104 of 165
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 23, 2024 Title: DEI Policy Audit
Submitted by: LeighAnn Mikesell, Deputy City Department: Manager's Office
Manager
Brief Summary:
Staff is requesting approval of the selection of MGT to review a number of city policies for their
impact on equity and provide recommendations for changes to existing policies as well as for new
policies that further our efforts to realize our equity vision.
Detailed Summary & Background:
Staff advertised a request for proposals (RFP) in mid October with proposals due November 14. Nine
firms provided on time proposals, and the GARE Core Team members each reviewed the proposals
according to the information provided in the RFP. This is a qualifications based selection so scores
were weighted as follows: qualifications of the team at 40%, understanding of service at 30%,
relevant experience at 20% and cost at 10%. The team met in mid December to discuss the scores
and come to a consensus on which firm to recommend for approval. Two firms rose to the top, and
references were checked for both.
Staff submits to the commission our recommendation to hire MGT located in Tampa, FL with recent
experience assisting the Ann Arbor Area Community Foundation, Oregon City, Utah Office of Tourism,
Sacramento County, and the City of Shaker Heights, OH.
The cost will depend on how many policies are reviewed. The GARE Core Team has narrowed the list
to 43 policies. The RFP had contemplated review of up to 100 policies, and priced proposals were
based on that figure. The lead team will negotiate a price for the 43 policies recommended for
review. A budget amendment may be requested in the future, or funding may be requested to
continue work in the next fiscal year.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Destination Community and Quality of Life
Goal/Action Item:
Amount Requested: Budgeted Item:
$40,000 Yes x No N/A
Fund(s) or Account(s): Budget Amendment Needed:
101-172-801 Yes x No N/A
Page 105 of 165
Recommended Motion:
To approve the selection of MGT to audit city policies and authorize the Deputy City Manager to sign
a contract not to exceed $40,000.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 106 of 165
Diversity, Equity,
and Inclusion
Audit
CITY OF MUSKEGON,
MICHIGAN
Original
NOVEMBER 14, 2023
RFP
Submitted by:
KRYSTAL O’LEARY
DIRECTOR
4320 West Kennedy Boulevard
Suite 200
Tampa, Florida 33609
951.741.5737
[email protected]
Page 107 of 165
CITY OF MUSKEGON, MI
RFP | DIVERSITY, EQUITY, AND INCLUSION AUDIT
NOVEMBER 14, 2023
Table of Contents
COVER LETTER ................................................................................................................ 1
FIRM PROFILE ................................................................................................................. 2
MGT HISTORY AND ORGANIZATION STRUCTURE .............................................................. 2
EXPERIENCE OF FIRM AND PERSONNEL ............................................................................. 3
WORKFORCE AND ORGANIZATION .................................................................................... 3
DEI PROJECT EXPERIENCE ................................................................................................... 5
PROJECT TEAM & EXPERIENCE ....................................................................................... 6
PROJECT TEAM AND QUALIFICATIONS............................................................................... 6
REFERENCES ........................................................................................................................ 7
PROPOSED APPROACH & METHODOLOGY ..................................................................... 8
PROJECT UNDERSTANDING ................................................................................................ 8
METHODOLOGY .................................................................................................................. 8
COMMUNITY ENGAGEMENT .............................................................................................. 8
PROJECT MANAGEMENT AND QUALITY ASSURANCE ........................................................ 8
DATA SECURITY ................................................................................................................... 9
PROPOSED WORKPLAN ...................................................................................................... 9
PROJECT SCHEDULE .......................................................................................................... 13
APPENDIX I: TEAM RESUMES ....................................................................................... 15
APPENDIX II: WORK SAMPLES ...................................................................................... 24
APPENDIX III: ADDITIONAL CONSULTING SERVICES ...................................................... 26
REQUIRED FORMS ........................................................................................................ 32
MG T C O N S U L T I N G . C O M
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Cover Letter
November 14, 2023
City of Muskegon, City Manager’s Office
c/o – LeighAnn Mikesell
933 Terrace Street
Muskegon, MI 49440
SUBJECT: RFP - DIVERSITY, EQUITY, AND INCLUSION AUDIT
Dear Ms. Mikesell:
MGT of America Consulting, LLC (MGT) is pleased to present this proposal to the City of Muskegon
(City) in response to the request for a Diversity, Equity, And Inclusion (DEI) Audit. For more than 49 years,
MGT has worked with Cities, Counties, non-profits, and K-12 & Higher Education Institutions in the areas
of DEI, human resources evaluation, strategic planning, organizational assessment, and DEI Training for
staff and boards. Having conducted over 350 studies related to advancing the tenets of DEI and
opportunity for all, our team of seasoned professionals offer the expertise and knowledge to exceed your
expectations in conducting this important project.
While we are nationally recognized, we have staff on the proposed project team who has local familial
roots and first-hand experience in the City of Muskegon. Our proposed project team has experience with
issues related to DEI and Organizational Improvement throughout the State of Michigan. We understand
the complexities of community and organizational change work, and approach the work with compassion,
empathy, and transparent communication as we build trust with the communities and people we work
closely with. Our experience with the City of Battle Creek, Michigan, on their evaluation of human
resource and police department policies and practices, as well as our work in developing an Aging Strategy
Plan for Washtenaw County demonstrates the diversity of the needs of our clients and the needs
throughout the state, and excited about the opportunity to expand our connections in the northwestern
Michigan.
We are excited about the opportunity to work with the City of Muskegon to provide these important
services and look forward to further discussion about this engagement. I confirm that all the information
and data submitted are true and complete to the best of my knowledge. If you have questions concerning
any aspect of this proposal, please contact Krystal O’Leary at 951.741.5737 or
[email protected].
Sincerely,
Patrick Dyer. Vice President, Authorized to bind the firm
4320 West Kennedy Blvd, Suite 200 | Tampa, FL 33609 | 888.302.0899 | mgtconsulting.com
Page 109 of 165
Firm Profile
MGT History and Organization Structure
MGT began operations in 1974 as a public sector research
firm and has expanded its consulting capabilities and
client offerings over the years. We are a national
consulting firm specializing in assisting public sector MGT of America Consulting, LLC, is a
clients to operate more efficiently and effectively. A financially stable national consulting
significant portion of MGT’s work is repeat business, firm with local offices and 400+
reflecting a high level of customer satisfaction in our staff throughout the country.
ability to provide exceptional professional services.
Founded in Florida in 1974 as a
MGT has acquired a keen understanding of the structures, public-sector research firm, MGT
operations, and issues facing public agencies. This has always taken pride in providing
understanding comes from over 49 years of extensive fiercely independent analysis and
experience providing management consulting services to thoughtful advice to all our clients.
state and local governments, and the prior work MGT is a privately held and quickly
experience of our consultants. We are not the biggest, growing limited liability company
oldest, or highest profile consulting firm; just the best for with a deep roster of experienced
combining firm qualifications and staff expertise and management consulting experts and
experience in promoting DEI for our clients. national resources. This ownership
structure creates a mindset that
Prior to working as consultants, many of our 400+ permeates through every MGT
employees worked in public sector agencies as managers owner: we change the communities
and staff. This inside knowledge and understanding of we serve – for good.
government give our consultants an ability to hit the
ground running from the very start of a project. MGT
consultants understand what it means to work within constrained timelines, and the need to produce a
product that concisely and clearly articulates findings, results, and practical recommendations and
strategies for improvement.
Defined by Impact
MGT strives to make a positive difference in the world and each community
we are fortunate to support. Our DEI practice has equity embedded within
every step of our work, including program management and our customized
solutions that advance marginalized communities by reducing achievement
and opportunity gaps. This is in our work, and we are proud to work with you
toward the goal of ensuring a strong organizational culture that fosters
diversity and inclusion for all stakeholders including leadership, staff, and the
people served most by the City of Muskegon.
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FIRM PROFILE
Experience of Firm and Personnel
MGT has successfully delivered more than 20,000 projects through a careful balance of addressing the
immediate needs of our clients, while maintaining the vision and direction towards their long-term goals
and monitoring industry best practices. Some of the services MGT has delivered are listed below:
AUDITS | BUSINESS PROCESS REENGINEERING | COMMUNICATIONS AND MARKETING CONSULTING
COMMUNITY COLLABORATION | COSTING SERVICES | DEMOGRAPHIC STUDIES | DISPARITY STUDIES
DIVERSITY, EQUITY, AND INCLUSION STUDIES | EFFICIENCY AND EFFECTIVENESS REVIEWS
FACILITIES PLANNING AND ANALYSIS | FACILITY MASTER PLANNING | FINANCIAL ANALYSIS
FISCAL IMPACT STUDIES AND MODELS | FUNDING STUDIES AND MODELS
GEOGRAPHIC INFORMATION SYSTEMS | HUMAN RESOURCE CONSULTING SERVICES
IT/CYBER SECURITY CONSULTING | MARKET AND OPINION RESEARCH | NEEDS ASSESSMENTS
ORGANIZATIONAL/MANAGEMENT REVIEWS | PERFORMANCE AUDITS
POLICY RESEARCH |PROGRAM EVALUATION | PROGRAM REVIEWS | STRATEGIC PLANNING | DEI TRAINING
For nearly 50 years, our ability to excel has been driven by our
expertise, quality, and our commitment to exceeding client
expectations.
Throughout our history, our ability to excel has been driven by our expertise, quality, and our commitment
to exceeding client expectations. Part of MGT’s success is based upon our promise to be flexible and
responsive. We are acutely aware of the political, economic, social, and technological factors that impact
today’s local municipalities.
Workforce and Organization
Diversity is at the core of MGT’s culture. We are not only the firm that helped to start racial and gender
disparity studies but also have experience humbly and confidently going into challenging politically and
socially charged environments, such as with the City of Charlottesville city leadership, by providing a road
map for addressing community engagement and disproportionality in policing. We live a culture of DEI
not only in the work we do, but in the way we demand it of ourselves as exemplified by our 2020 founding
of the Institute of Racial Injustice Solutions (IRIS), a non-profit organization founded to address issues of
social unrest.
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FIRM PROFILE
THE MGT
MGT offers an impartial perspective of outcomes and findings. As an independent
entity, our only interest is that of our clients. We apply our extensive experience to
generating objective practical solutions to advance our clients’ strategic priorities.
MGT understands that lasting and meaningful changes require innovative and bold
thinking. We do not shy away from questioning everything from organizational
structures and work processes to the very statutes and ordinances that guide the
work of an agency or institution. MGT offers useful recommendations that lead to
positive results with sensitivity to social and political realities that may exist.
A significant portion of MGT’s work is repeat business, reflecting a high level of
customer satisfaction and our team’s ability to do the job and do it right.
MGT provides solutions which are specifically tailored to meet the needs of our
clients. Our team has an impressive history of providing customized solutions,
objective research, and quality services that respond to each client's unique needs.
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data story-telling fit for your organization
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w Bento site access for all key organization members and identified constituents
w Evergreen data that is easily accessible, dynamic, and always yours
CITY OF MUSKEGON, MI | NOVEMBER 14, 2023
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FIRM PROFILE
DEI Project Experience
MGT is one of the premier social impact firms in the country, conducting over 350 DEI studies for a wide
and diverse array of organizations since 1990. Overall, these studies are designed to promote and
advance access and opportunity for organizations and their communities.
The City of Battle Creek (MI) hired MGT to conduct an equity audit of the human resource and
« police department policies and practices, which informed the development of a DEI Action Plan
to improve the City’s culture and outcomes related to DEI.
MGT partnered with the County of Sacramento (CA) to assess the state of equity for employees
« and residents and craft a DEI action plan to improve access and success for people in a manner
that reflects the County’s acknowledgement of racism as a public health crisis.
MGT has been retained by Pitkin County (CO) for an Equity, Diversity, and Inclusion Study. Our
« firm is well under way with providing a full report containing our organizational assessment,
community landscape analysis, and recommendations. Our ongoing partnership with Pitkin
County provides us a rich understanding of the localized concerns and opportunities for growth
within its diverse communities.
MGT is conducting a DEI assessment for the Housing Authority of the City of Austin (TX). This
« project includes analysis of organizational policies and practices and feedback from staff and
leaders, all of which will be used to craft a comprehensive DEI Action Plan. The project concludes
with staff and leadership training on key DEI topics based on the organizational assessment.
MGT conducted a Community Equity Profile for the County of Hillsborough (FL). Our public
« engagement process resulted in more than 300 community members providing insight into
barriers across their community and suggestions for improvement. MGT created an Equity Lens
Decision guide to drive policy and practice decisions of county leaders and elected officials.
MGT conducted a DEI assessment for Arapahoe County (CO) that consisted of extensive input
« and ownership by key stakeholders who not only provided critical input but were led by MGT in
the collaborative design of DEI action plan for the County and training for commissioners.
MGT conducted an Equity and Inclusion assessment for the city of Shaker Heights (OH) which
« includes a comprehensive assessment of policy and practice and stakeholder engagement. The
project concludes with an Equity and Inclusion Action Plan for the city.
MGT’s work with the City of Charlottesville (VA) following the unrest that put Charlottesville in
« the national spotlight included data analysis from three different systems in the City and County
to determine whether there were disparities in the adult criminal justice system.
MGT contracted with the City of Oregon City (OR) to conduct a DEI assessment of operations
« and practices and the impact on City staff and residents. Our work entailed surveying staff,
leading focus groups, and facilitating a Community DEI Task Force and DEI Action Plan.
The Utah Office of Tourism hired MGT to conduct an equity assessment of the organization
« which included a pay audit equity. Throughout the partnership, MGT staff facilitated DEI-related
training to the Board of directors, staff, and at the annual Utah Tourism Conference.
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Project Team & Experience
Project Team and Qualifications
MGT thrives on providing a high level of customer service throughout the life of our partnership. Krystal
O’Leary will serve as project lead for this project. She is joined by a team of consultants who are experts
in equity evaluation, social justice initiatives, data analysis, survey design and administration, community
engagement, strategic planning, project management, training facilitation, and various diversity and
organizational improvement frameworks. We have worked on a diverse range of DEI projects with a wide
array of clients with the following initiatives:
w Creating strategies for equity and inclusion that allow for the engagement of all stakeholders
w Root cause analysis of persistent gaps in access and opportunity
w Building operational structures to ensure ongoing internal and external DEI success.
w Assessing policies, procedures, and practices in service of eliminating organizational barriers
w Analyzing complex issues regarding race, class, gender, and other unique differences
w Effectively guiding stakeholders in developing a shared understanding and commitment to DEI
KRYSTAL O’LEARY, Director, DEI and Education Solutions
Expertise: DEI Training Development & Facilitation, Strategic Planning, Organizational Culture
Years of Related Project Experience: 17 Length of Team Service: 1 year
JUAN OSUNA, Senior Consultant
Expertise: DEI Policy and Practice Analysis, Stakeholder Engagement
Years of Related Project Experience: 6 Length of Team Service: 1 year
ZUNILDA RODRIGUEZ, Project Manager
Expertise: DEI Training Development, Organizational Culture
Years of Related Project Experience: 20 Length of Team Service: 1 year
DAVID BUSHNELL, Senior Consultant
Expertise: Quantitative Data Analysis DEI Best Practices, Analysis of Policy, Practice, &
Intersectionality, DEI Toolkit)
Years of Related Project Experience: 4 Length of Team Service: 2 years
JAIME HOFFMAN, Consultant
Expertise: Stakeholder Engagement, Qualitative Analysis, Policy Analysis, DEI Toolkit
Years of Related Project Experience: 5 Length of Team Service: 1 year
RACHEL KING, Analyst
Expertise: Human Resources, Research, Product Development, and Talent Management
Years of Related Project Experience: 7 Length of Team Service: 1 year
SOPHIA BURGESS, Analyst
Expertise: Survey Design and Qualitative Analysis
Years of Related Project Experience: 1 Length of Team Service: 1 year
Please see Appendix I for the resumes of each project team member.
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PROJECT TEAM & EXPERIENCE
References
MGT has earned a reputation as a leader in using surveys and strong community engagement to support
organizational audits, strategic plans, and DEI projects. We focus on partnering with each client to
appropriately merge industry best practice with unique client requirements. Many of our clients have
contracted with MGT for multiple projects or updates; this repeat business is the greatest testament to
our commitment to customer service and client satisfaction. We encourage you to contact any of our
references to learn of our professionalism, performance quality, and expertise of our staff.
Ann Arbor Area Community Foundation (MI)
Aging Strategy Study
06/2023 – Ongoing
Christopher Lemon, Vice President for Community Investment
[email protected] | 734.663.0401 x121
CITY OF OREGON CITY (OR)
DEI Assessment, Community Task Force, and DEI Action Planning
04/2022 – 12/2022
PATRICK FOILES, Human Resources Director
[email protected] | 503.496.1528
UTAH OFFICE of TOURISM
Equity, Diversity, Inclusion, and Access Assessment
2/2022 – 9/2022
DAVE WILLIAMS, Associate Managing Director
[email protected] | 801.538.1317
COUNTY OF SACRAMENTO (CA)
DEI Assessment, Planning, and DEI Action Plan
4/2022 – 5/2023
RAMI ZAKARIA, Chief Information Officer
[email protected] | 916.508.5296
CITY OF SHAKER HEIGHTS (OH)
DEI Organizational Assessment and DEI Action Plan
7/2022 – 3/2023
JERI CHAIKIN, Chief Administrative Officer
[email protected] | 216-570-9089
COLLEEN JACKSON, Chief Diversity, Equity, and Inclusion Officer
[email protected] | 440-673-8248
CITY OF MUSKEGON, MI | NOVEMBER 14, 2023
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Proposed Approach & Methodology
Project Understanding
We understand that the City desires to become a stronger equity-focused organization with a culture of
inclusion that drives decision-making and encourages a welcoming and supportive working environment
for all its employees. Identified as a next step by the Core Team, the City is seeking support in auditing
approximately 100 policies which outline processes and procedures and their impacts on equity and how
policies are being implemented. MGT understands the importance of this work and its place as a tool for
the City’s decision-making guide and the expertise to help the City embed equity in its policy reviews.
Methodology
MGT’s methodology is rooted in human-centered design and participatory learning. Using a mixed-
methods approach, MGT uses data-driven discovery to create change and solutions to system-level
problems. Utilizing both quantitative data and research and qualitative narrative, MGT weaves together
both the objective and subjective nature of the data to best tell client stories.
Using a fit-for-purpose approach, MGT works alongside clients to find solutions to meet the needs of each
organization and community.
Community Engagement
Community Engagement is key in understanding feedback from people at all levels of the organization
and community. MGT’s team is trained in dynamic facilitation and culturally responsive communication
techniques, allowing the best opportunity for historically and systemically excluded groups and people to
be heard. Our team is responsive to the challenging conversations which come along with the DEI learning
journey and are prepared to support the City’s staff and community as they learn together.
Project Management and Quality Assurance
MGT uses proven project management methodologies, to ensure we deliver project results that are on
time, on budget, and meet or exceed client expectations by identifying the most effective long-term,
decision-making solutions. MGT Client Satisfaction Components
Responsive and
Throughout the project, we will maintain frequent, Ini4al Project Flexible to Client
Planning
transparent, and authentic communication with the Concerns
client to avoid surprises or conflict. Our lead project
consultants will be primarily responsible for quality Assignment Sa#sfied
Timely
of Quality Client With
assurance. Our project team will be in regular contact Staff Quality
Performance
with the Project Executive, providing regular project Product
status updates and bi-weekly status calls to provide a Communica4on
Quality Review
through
summary of progress and to address any risks or Throughout the
Compara4ve
Project Lifecycle
variances from the planned schedule. Variance Analysis
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PROPOSED APPROACH & METHODOLOGY
Data Security
MGT prides itself in ensuring that all data and information that is provided by clients or voluntarily sourced
through focus groups, surveys, or other means is securely maintained. MGT leverages its SharePoint site
to securely facilitate the transfer of documents and other pieces of information. Access to our SharePoint
site is only given to members of the core project team, no one else from other parts of MGT or outside of
MGT will have access to this information. Additionally, only select members of the client team will have
access to the shared SharePoint site to funnel information and prevent accidental access to the site by
unauthorized people. This authorization will be determined by the client’s project leader. Members of the
client team will only have access to the SharePoint site for the duration of the project; afterwards their
access will be revoked, and all shared information will be securely deleted by MGT 30 days after the end
of the project. The client will keep all approved final deliverables (e.g., reports, presentations, survey data,
strategic plans, etc.) developed by MGT.
Proposed Workplan
CLIENT ENGAGEMENT
1.1 Project Kickoff
MGT will facilitate an initial meeting for key members of the project team to meet each other, identify
desired communication strategies, ensure mutual understanding of the project goals and outcomes,
identify potential barriers, and establish consensus regarding activities, timelines, deliverables, and
mutual expectations.
DELIVERABLES
w Finalized work plan and project schedule
w Description of deliverables
w Identification of key stakeholders, engagement expectations, responsibilities, and project roles
w Logistics for project management meeting schedule, agenda, and reporting protocols
w List of potential stakeholders who might advise the project and provide valuable insight
1.2 Client Engagement
MGT prioritizes effective communication with our clients to maximize trust, clarity of project progress and
action steps, and ensure timely and successful execution of all components of the project. Regular
collaborative engagement in a manner that meets our clients’ availability and interest allows mutual
certainty that all aspects of our work align with the organization’s mission and ultimate goals.
DELIVERABLES
w Facilitation of regular (weekly, bi-weekly, or monthly) meeting agendas and minutes
w Meeting documents including PowerPoint presentations and related materials
w Documentation of decisions made, action steps, responsibility matrix, and deadlines
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PROPOSED APPROACH & METHODOLOGY
ORGANIZATIONAL ASSESSMENT
MGT will conduct an assessment of the organization to determine strengths, weaknesses, DEI
understanding, and readiness to embrace and infuse DEI through all levels of the organization’s structure
and operations. This will involve an analysis of quantitative and qualitative data and other information to
ensure a comprehensive understanding of the state of the organization related to DEI.
MGT uses several tools to effectively execute our organizational assessment. In order to identify the
strengths, weaknesses, opportunities and threats (SWOT) to DEI, MGT operationalizes a policy analysis
rubric. Our rubric is rooted in a historic understanding of systemic racism and focuses on hiring, pay and
promotion transparency, antidiscrimination, antiharassment, benefits, and good faith efforts.
2.1 Analysis of Relevant Internal Policies
MGT will work with the City’s project leadership to establish a comprehensive list of documents and
formal policies to be included in the equity audit. Each of these will be strategically organized for effective
assessment by our expert consultants. This assessment will include analysis of internal polices with special
emphasis on the impact of policies and practices on people from historically marginalized demographic
groups.
An equity lens will be applied to our analysis of the following topics:
w Candidate Selection
w Assessment of candidate selection practices including emergent practices around diversifying
candidate pools.
w Identification of policies and practices that are either contributing to or inhibiting the success of
people from historically marginalized backgrounds.
w Employee Lifecycle
w Evaluate opportunities for all staff including accessibility to support networks, coaching, and
continuing education
w Review of performance evaluation metrics focused on equitable application of internal policies.
w Anti-Discrimination
w Conduct review of Equal Employment Opportunity Commission (EEOC) statement and disability
accommodation process ensure alignment with federal guidelines.
w Identification of policies and practices that are either contributing to or inhibiting the success of
people from historically marginalized backgrounds.
w Benefits
w Assess current benefits meets federal requirements (i.e., lactation break policies)
w Review for emergent practice that equitably benefits all people.
w Harassment and Retaliation
w Evaluate the anti-harassment policy and reporting process ensuring compliance with both
emergent and established practices.
w Language and Accessibility
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PROPOSED APPROACH & METHODOLOGY
w Review all policies to ensure proper and equitable language in line with emergent practices.
DELIVERABLES
w Comprehensive set of policies, practices, and documents for review and analysis
w Proprietary MGT rubric and score coupled with policy maturity model related to equity and
inclusion
w Summary of interview with leadership and HR representatives to discuss organizational and/or
department-specific practices (if necessary)
w A written analysis of existing organizational strengths and gaps with clear recommendations on
how to best build upon strengths that will enhance equity throughout the organization and for
its stakeholders
2.2 Analysis of External Operations
MGT will conduct an external audit of the organization’s external policies and practices. We will determine
strengths and weaknesses of the City’s work and identify opportunities for change to elevate its success
in ensuring equity for all residents without exception to one’s race, ethnicity, gender, disability, age, sexual
orientation, gender identity, or religion. This will involve a gap analysis of documented policies and
processes to ensure a comprehensive understanding of the impact of the City’s work related to ensuring
equity. A sample of the items for analysis are as follows:
w External Operations
w Community engagement
w External communications
w Interactions between the Insert city/county name and its residents
w Breadth and access to community support programming
DELIVERABLES
w Gap analysis and recommendations to address shortfalls in externally facing policies
2.3 Staff Outreach Plan
MGT will develop a comprehensive communication and outreach plan to ensure widespread
understanding, representative participation, and authentic engagement in this important work. To
maximize awareness of the City’s commitment to equity, build interest and motivation to engage in the
organization’s DEI-related vision and this assessment, we will create an internal staff outreach plan to
boost authentic engagement. This staff outreach plan will provide a strategic road map for informing staff
of the importance of their participation.
DELIVERABLE
w Employee Outreach Plan to maximize awareness and motivation for internal stakeholders to
engage in the feedback portion of the DEI assessment
2.4 Staff Engagement
MGT will design and administer a set of protocols to garner insight of staff and leadership perspective
regarding organizational culture, equity in the workplace, and the employee experience. We will design
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PROPOSED APPROACH & METHODOLOGY
and administer an employee DEI survey, interview leadership, and conduct focus groups of the staff,
middle managers, and leadership team. Upon completion, we will evaluate all insight collected to ensure
representative participation from all stakeholder groups and re-administer with targeted outreach if
necessary.
DELIVERABLES
w Focus Group Interview Guide and Protocol
w DEI Survey
w Quantitative and Qualitative analysis of survey results
SUMMARY REPORT AND PRESENTATION
3.1 DEI Assessment Report
The assessment concludes with the delivery of a report and presentation that provides a comprehensive
synopsis of what was learned in the assessment, as well as our observations and recommendations from
internal and external stakeholders. Ultimately, the DEI audit is intended to be used to drive the design
and successful implementation a comprehensive multi-year DEI Action Plan that elevates equity through
all aspects of the organization’s policies and practices.
DELIVERABLES
w Written delivery of final report: The Current State of DEI at City of Muskegon
w Comprehensive list of recommendations for prioritization of actions to take to elevate equity,
access, and opportunity for City employees and stakeholders
3.2 Presentation of Findings and Recommendations
Our team will deliver an oral presentation of the project methodology, findings, recommendations, and
suggested action steps to City leaders to ensure widespread understanding and internalization of
strengths, gaps and improvement actions needed to meet the goals and performance expectations of the
organization.
DELIVERABLES
w Oral presentation of final report
w Presentation materials including PowerPoint and related documents
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Project Schedule
MGT prides itself on excellent service that leads to client satisfaction, and we know that timeliness,
efficiency, and cost effectiveness is key to this end result. Our project team routinely completes projects
within budget when the scope of work does not change from the agreed upon contract.
Based on our experience, this work can be completed with high quality within 6 months which may be
advantageous to you in your quest to promptly become a DEI-driven municipality. However, we are happy
to work with you to determine the ideal timeframe for this project and will shorten or lengthen the
timeline accordingly.
2023- 2024
Work Plan Tasks
Dec. Jan. Feb. Mar. Apr. May
TASK 1: CLIENT ENGAGEMENT
1.1 Project Kickoff
1.2 Client Engagement
TASK 2: ORGANIZATIONAL ASSESSMENT
2.1 Analysis of Relevant Internal Policies
2.2 Analysis of External Operations
2.3 Staff Outreach Plan
2.4 Staff Engagement
TASK 3: SUMMARY REPORT AND PRESENTATION
3.1 DEI Assessment Report
3.2 Presentation of Findings and Recommendations
Encountering Resistance
MGT has extensive experience engaging internal and external project stakeholders. The biggest hurdle to
overcome is getting a participant to believe in the work and commitment of their organization or their
community and then to “sit at the table” when asked to engage. We are sensitive to the perspectives,
concerns, and doubts that people may have, and we work diligently to overcome these barriers –
sometimes from residents and staff, sometimes even from representatives of the client.
We believe that humility, empathy, and effective communication is crucial to the success of a project. DEI
work can be sensitive, emotionally taxing, and politically charged. The ability to remain objective,
emotionally stable, and sensitive to the feelings, perspectives, and lived experience of all stakeholders is
crucial. We aim to engage this work in a way that is inviting to all people, not just those on one side or
another of a divisive topic. We customize our communication to allow for the inclusion of a broad and
diverse array of stakeholders. We listen, we empathize, and we withhold judgement to promote all voices
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PROPOSED APPROACH & METHODOLOGY
that ultimately provide for a more diverse set of input, higher level of engagement, and stronger
commitment to the project and to our client’s mission.
Example: In our City of Charlottesville project, there was resistance to participate from a few
departments, but once we demonstrated consistency in having a genuine and authentic dialogue with
those that were resistant, they became supportive, engaged, and ultimate served as the biggest
proponents of the project and quickly became supportive of our client.
Sustainable Approach to Organizational Equity
Equity and anti-bias work is not a one-time institutional inoculation against the deleterious effects of
institutional racism, group-based prejudices, or demographic marginalization. Lack of inclusion for
members of historically marginalized groups has been hundreds of years in the making, so it’s unrealistic
to expect that lasting changes can be made overnight. However, a comprehensive assessment followed
by an action plan that is buoyed by authentic long-term commitment is needed. This plan must address
the improvement (or eradication) of policies, procedures, programs, and processes in the organization
that adversely affect stakeholders from particular groups or allow others’ biases to adversely impact
people.
A sustainable approach requires thinking about diversity and inclusion from a broader perspective.
Abiding change means implementing a diversity and inclusion strategy that adapts to evolving social issues
and to changes within your own organization. It is an ongoing commitment to self- and organizational-
reflection, evaluation, and re-evaluation. Reducing bias in a lasting way is not about solving a static one-
time “problem”; it is about creating a cultural environment where diversity and inclusion are valued and
where ongoing improvement in addressing conscious and unconscious biases is encouraged and fostered.
The goal of a diversity and inclusion strategy is to create an environment in which – because people from
diverse perspectives and with different backgrounds can thrive – the City will be more successful.
Our DEI work promotes an identity-inclusive environment where individuals have the skills and confidence
necessary to foster equity and inclusion in today’s increasingly diverse, opportunistic, and complex living
and work environment. Our work allows partners to own the data and the action plan and feel confident
in long-term success of this initiative.
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Appendix I: Team Resumes
Page 123 of 165
Krystal O’Leary, M.Ed
Director DEI Solutions
MGT
Proposed Role: Executive in Charge
Summary
Krystal has nearly 20 years of experience working as an
Education
organizational improvement leader for schools and
University of California, Los organizations through leadership development, strategic
Angeles planning, and equity-driven practices. She has led projects for
Bachelor of Arts in History, Cum school districts, nonprofits, and consulting firms on DEI
Laude Master of Arts in Education strategy, training, community engagement, and strategic
planning – working in service of populations that are often
Master of Arts in Education
underserved. She brings the experience of building a DEI unit,
Certifications providing DEI-focused professional development, and
Diversity, Equity, and Inclusion in assessing DEI readiness to her work.
the Workplace What I Bring to the Engagement:
ProInspire Leadership Institute Equity is at the core of my professional work. My experience
Public School Social Studies teaching, facilitating training, leading teams, and working in
Teacher partnership with clients and communities is founded on
listening and valuing the experiences of those we work in
School District Leadership
service of. My nonprofit and consulting work has provided me
Acknowledgements with the opportunity to launch and grow equity work
internally and co-create a strong DEI foundation with external
Equity Advisory Council, Claremont
Unified School District 2022 - Present partners. My personal work in equity-focused roles within my
and cross-cultural conversations. local community support the development and
implementation of equity plans at both the school site and
district levels. I bring my full commitment and passion for
increasing access and ensuring equitable outcomes to all of
my work.
Relevant Project Experience
• County of Snohomish (WA) | Equity Assessment and
Action Plan
• Pittsburgh Public Schools (PA) | Racial Equity Audit and
Plan
• Oregon Cascades West Council of Governments (OR) |
Equity Assessment and Training Facilitation
• Claremont Unified School District (CA) | Equity Plan and
DEI Facilitation
• Camden Education Fund (NJ) | Equity in Recruitment and
Hiring
• BranchED (GA)| Strategic Plan
Page 124 of 165
APPENDIX I: TEAM RESUMES
• Black Educators-United | Organizational Assessment and
Strategic Plan
• CollegeSpring (CA)| DEI Strategic Plan and Facilitation,
Organizational Assessment
• Kitamba (NJ) | DEI Strategic Plan, Facilitation, and Staff
Training
• Los Angeles Unified School District (CA)| Community
Engagement, Staff Training
Page 125 of 165
Zunilda Rodriguez
Project Manager, DEI Solutions, MGT
Proposed Role: Project Manager
Summary
Zunilda is a results-oriented, driven DEI Project Manager with
more than 20-years of background supporting public sector
communities and DEI efforts through urban planning, project
management, and consulting. Zunilda has proven success
delivering solutions to improve a diverse range of employee
experiences by collaborating with organizations and
communities to develop culture and leadership practices with
Education sensitivity to DEI. Additionally, she is skilled at driving and
Rutgers University, The State University of innovating organizational change and developing and
New Jersey implementing new processes that emphasize diversity, equity,
Master’s Degree in City and Regional Planning and inclusion.
Skidmore College What I Bring to the Engagement
Bachelor of Arts Degree in Government and Dedicated team member with steep knowledge on public
American Studies sector including municipal and county client needs and
experience with project management and consulting with over
60 local, national, and international organizations across
Certifications multiple industries to assess current DEI practices, policies, and
American Institute Certified Planner (AICP) procedures as a Consultant and Project Manager. I have a
Event Planning and Meeting Management successful history of improving company culture, enhancing
strategic planning value, and maximizing opportunities to
increase diversity, equity, and inclusivity.
Acknowledgements
Designed DEI Charrettes Relevant Project Experience
• Hannover Insurance Group, Inc. | DEI Assessment
• The Pew Charitable Trusts | DEI Assessment
• Metro-North Railroad | DEI Assessment
• Yale School of Drama | DEI Assessment
• Planned Parenthood of Greater New York | DEI
Assessment
• National Association for Music Education (NAfME) | DEI
Assessment
• Third Way | DEI Assessment
• National Air and Space Museum | DEI Assessment
• Rand Corp. | DEI Assessment & Communications Plan
• Children’s Minnesota | DEI Assessment
• Federal Reserve Bank of Chicago| DEI Assessment
• Charles River & Associates| DEI Assessment
• Winnebago Industries| DEI Assessment & Strategy
• Mazda North American Organization | DEI Assessment &
Strategy
Page 126 of 165
David Bushnell, M.A.
Consultant, DEI Solutions
MGT
Proposed Role: Consultant
Summary
David is a passionate and innovative DEI consultant who is
dedicated to social justice advocacy and culturally competent
and effective policy development. A graduate of the University
Education of Washington holding an undergraduate degree in Law,
Economics, and Public Policy combined with a master’s degree
University of Washington in Policy Studies. Brings multiple years of experience working
Master of Science - Policy Studies in law and policy. Has extensive experience collaborating with
University of Washington stakeholders to achieve directives set by employers
Bachelor of Arts - Law, Economics, Public throughout Washington State (including the City of Ellensburg
Policy and Thurston County). Has also worked closely with
community-based organizations to consult regarding capacity
Certifications building. Widely trusted by all former employers to efficiently
Data Science Specialization identify and solve problems as they arise.
Acknowledgements What I Bring to the Engagement:
Successfully led an Equity Audit for the A dedicated team member skilled in diversity, equity, and
Center for Creative Leadership inclusion policy. Tasked with participating in the evaluation,
implementation, and support of our public sector clients’ DEI
2021 Recipient of the MGT Consulting strategies and programs
Group’s Rookie of the Year Award Relevant Project Experience
• Center For Creative Leadership (NC) | Equity Audit
• City of Battle Creek (MD) | Equity Audit & Equity Plan
• City of Baltimore (MD) | Disparity Study
• County of Essex (NJ) | Disparity Study
• City of Riviera Beach (FL)| Pre-disparity Study
• City of Riverside (CA) | Diversity, Equity, and Inclusion
Study
• County of Hillsborough (FL) | Equity Plan
• Housing Authority of Baltimore (MD) | Disparity Study
• Osceola County School District (FL) | Equity Master Plan
• Tallahassee City (FL) | Disparity Study
• Washington Suburban Sanitary Commission | Disparity
Study
Page 127 of 165
Juan Osuna, M.A.
Consultant, DEI Solutions
MGT
Proposed Role: Senior Consultant
Summary
Juan is an experienced analyst with a demonstrated history of
working in cross-functional teams to help organizations
Education transform their culture and drive growth. Juan has worked
with 15+ organizations, across multiple industries, to solve
American University School of strategic business challenges and help build more diverse and
International Service inclusive workspaces. Juan has coordinated with clients’
Master of Arts - International Affairs human resources teams to collect, review, and maintain
current diversity statistics and collated information into
University of California Santa Barbara analyses of workforce trends. He has also designed and
Bachelor of Arts – Chicano Studies and developed Inclusion, Diversity, Equity, and Accessibility
Political Science strategies.
What I Bring to the Engagement:
Certifications A dedicated team member skilled in diversity, equity, and
inclusion policy. Tasked with participating in the evaluation,
Diversity, Equity, and Inclusion
implementation, and support of our public sector clients’ DEI
Changemaker
strategies and programs. An experienced analyst with a
demonstrated history of working in cross-functional teams to
Data Analytics
help organizations transform their culture and drive growth.
Relevant Project Experience
• City of Richmond (VA) | Disparity Study
• County of Essex (NJ) | Disparity Study
• Tallahassee City (FL) | Disparity Study
• Hannover Insurance Group, Inc. | DEI Assessment
• The Pew Charitable Trusts | DEI Assessment
• Metro-North Railroad | DEI Assessment
• Yale School of Drama | DEI Assessment
• Planned Parenthood of Greater New York | DEI
Assessment
• National Association for Music Education (NAfME) | DEI
Assessment
• Curriculum Associates Inc. | DEI Assessment
• Raise Against Hunger | DEI Assessment
• Draper Laboratory | DEI Assessment
• Howard Hughes Medical Institute (HHMI) | DEI
Assessment
Page 128 of 165
Jaime Hoffman, LLMSW
Consultant, DEI Solutions
MGT
Proposed Role: Policy Analysis and DEI
Training
Summary
Jaime has over seven years of experience working in program
Education evalaution and data analysis. She uses data to shape change
and demonstrate community impact through evaluation and
University of Michigan, Ann Arbor
policy. Jaime will provide thorough DEI policy and practice
Master of Social Work, macro analysis with a focus on race equity and social justice.
Michigan State University What I Bring to the Engagement:
Bachelor of Arts – Human Development Demonstrated experience in designing evaluation tools and
and Family Studies analyzing findings. Experience in policy analysis using a DEI
lens. Experience working with communities of color and
additional historically excluded groups. Familial connections
License and first-hand experience to the City of Muskegon.
State of Michigan Relevant Project Experience
Limited License Master of Social Work,
• Snohomish County (WA) | DEI Assessment
Licensing and Regulatory Affairs
• Loudoun County (VA) | DEI Assessment
• Pittsburgh Public Schools (PA) | DEI Assessment
• City of Arvada (CO) | DEI Assessment
• Housing Authority of the City of Austin (TX) | DEI
Assessment
• Pitkin County (CO) |DEI Assessment
• Housing Authority of the City of San Buenaventura | DEI
Assessment
• Michigan Department of Health and Human Services (MI)
| Community Engagement and Evaluation Services
• United Way of Washtenaw County (MI) | Community
Impact Manager; 2021 and 2022 Equity Challenge –
content creator, group facilitator
• Ralph C. Wilson Jr. (MI) | Community Researcher,
Alzheimer’s Disease and Related Dementias
• The Children's Center of Wayne County (MI) | Quality
and Compliance Specialist, Policy Analysis
• Quality Improvement, Program Process Improvement,
and Utilization Management Audit Experience
• Council on Accreditation Experience
Page 129 of 165
Rachel King, B.S.
DEI Solutions
MGT
Proposed Role: Analyst
Summary
Rachel has nearly 7 years of experience devising and
implementing HR procedures. Her areas of expertise include
policy development, employee recognition and engagement,
Education classification and compensation, benefits reviews, and
Southern New Hampshire University performance management. Ms. King also has experience with
Bachelor of Science – Human Resource the management and development of annual operating
Management budgets, preparing monthly financial reports and analysis and
contributing to the maintenance of accurate, up-to-date
Acknowledgements general ledgers. Her primary responsibilities include obtaining,
Initiated and awarded Great Place to compiling, and analyzing complex information and data for
Work™ Certification projects, survey administration, supporting the project
director with project communications, and writing and editing
reports. Ms. King will support the team in enhancing strategies
to advance inclusion and collect data metrics on ongoing DEI
initiatives in the United States and globally.
What I Bring to the Engagement:
Expert in policy development, inclusion, and equity.
Ownership of the analysis process and assisting in developing
reports to senior management.
Relevant Project Experience
• Contexture (CO) (AZ) | Organizational Review and DEIB Study
• Housing Authority of the City of San Buenaventura (CA) | DEIB
Study
• Chester County Wastewater Recovery (SC) l Classification and
Compensation Study
• Iowa Central Community College (IA) l Classification and
Compensation Study
• Lapeer County (MI) l Classification and Compensation Study
• Lenawee County (MI) l Classification and Compensation Study
• Livingston Community Mental Health Authority (MI) l
Classification and Compensation Study
• Livingston County (MI) l Classification and Compensation Study
• Sangamon County (IL) l Attorney Salary Compensation Study
• Southern Nevada Regional Housing Authority (NV) l
Performance Evaluation Review
Page 130 of 165
Sophia Burgess
Performance Solutions
MGT
Proposed Role: Analyst
Summary
Sophia is an Analyst with MGT and has a background in
financial analysis and compliance. She has experience with
Education engaging city leaders to better serve their needs, conducting
surveys, research projects and developing presentations. Ms.
Arizona State University Burgess also has a background in community analysis and
Bachelor of Arts (BA), Digital Culture engagement, event planning, public speaking, and mentoring.
She has experience working with complex software interfaces,
Affiliations including Adobe products, Microsoft Office products (most
Arizona State University, Herberger Institute notably Excel and Photoshop), Clip Studio,and Prezi, and is a
for Design and the Arts, Creative Fellow prolific digital artist.
What I Bring to the Engagement:
Diligent notetaking, Qualtrics survey set-up, analysis and
report formatting, assessment writing and editing.
Relevant Project Experience
• Gary, IN | Education Survey
• SMUD | Utility Survey
• City of Livingston, MI |Resume Editing
• City of Shaker Heights | DEI Survey
• Contexture| DEI Survey
• City of Oregon City | DEI Survey
• City of Oregon City | DEI Task Force
• HACSB | DEI Survey
• UOT EDIA | DEI Survey
• City of Riverside | DEI Assessment
• FRA | DEI Survey
• Apprenticeship South Carolina | DEI Assessment
• Arapahoe County | DEI Assessment
• Sacramento County | DEI Assessment
Page 131 of 165
Appendix II: Work Samples
CITY OF MUSKEGON, MI | NOVEMBER 14, 2023
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RFP | DIVERSITY, EQUITY, AND INCLUSION AUDIT
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APPENDIX II: WORK SAMPLES
CITY OF MUSKEGON, MI | NOVEMBER 14, 2023
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RFP | DIVERSITY, EQUITY, AND INCLUSION AUDIT
Page 133 of 165
Appendix III: Additional Consulting
Services
The RFP for the City’s equity audit stated the City’s interest to learn about additional services we can
provide that can drive a more comprehensive scope of work. To this end, we would like to share
information about additional phases you may want to consider that MGT would be happy to fully engage.
OPTIONAL SERVICES
1) DEI Action Plan
2) DEI Education and Training Plan
3) DEI Progress Monitoring and Evaluation
4) Bento – Survey Data Visualization
Please review the information below for suggested objectives and deliverables for each additional service.
ADDITIONAL SERVICE #1: DEI ACTION PLAN
Task A: Future Envisioning Analysis
MGT will design and facilitate a workshop with a representative sample of the organization’s leaders to
conduct future envisioning focused on building themes and initiatives around the desire for the state of
equity across the organization. This work will result in the identification of a “North Star” for the
organization to strive to become. This North Star will drive the work of the DEI Action Plan.
DELIVERABLES
w Future Envisioning Workshop
w DEI Goals for City of Muskegon
Task B: Development of DEI Action Plan
The North Star established during the future envisioning analysis will inform the development of a DEI
Action Plan that includes goals, metrics, actions, owners, deliverables, timelines, and accountability
measures to ensure the implementation of best practices that are strategically designed to meet the
highest leverage needs of the organization (e.g., workforce diversity, workplace inclusion/belonging,
sustainability). Material gathered from the survey, interviews, and focus groups will drive development of
a strategic roadmap for advancing DEI within the organization. MGT will facilitate a series of workshops
with a diverse set of the organization’s leaders to collaboratively build the DEI action plan.
DELIVERABLES
w Written action plan document
w Development of a shared organizational goal and public DEI statement
CITY OF MUSKEGON, MI | NOVEMBER 14, 2023
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RFP | DIVERSITY, EQUITY, AND INCLUSION AUDIT
Page 134 of 165
APPENDIX III: ADDITIONAL CONSULTING SERVICES
Task C: Implementation Strategy for DEI Action Plan
MGT believes that the quality of a plan (DEI Action Plan) is inextricably tied to the quality of its delivery
(Implementation Strategy). With this as our guide, we are committed to supporting leadership by outlining
specific steps that need to be taken to ensure implementation fidelity of the DEI Action Plan and
meaningful engagement from staff, leaders, and elected officials. We will help identify human capital,
financial, and other resources needed. We will also support any communication needs such as facilitating
a meeting to share the plan with stakeholders.
DELIVERABLES
w Implementation framework that assigns responsibility, accountability, resource allocation, key
milestones, and dates for each strategic action
w Detailed implementation plan inclusive of a strategic implementation timeline and list of
resources needed
w Communication plan for informing stakeholders of the DEI Action Plan process, approach, and
critical next steps
Task D: Communication Plan for DEI Action Strategic Plan
MGT will develop a strategic communications plan that will meaningfully engage City leaders and
employees in the efforts outlined in the DEI strategic Plan and prepare them to related changes to come.
The plan will help develop messaging and activities that reinforce that DEI is first and foremost about
City’s people, and that when people feel a sense of belonging their work will benefit.
DELIVERABLE
w Detailed strategic communications plan that outlines communication tactics or activities,
channels, audiences, and key performance indicators (KPI)
ADDITIONAL SERVICE #2: DEI EDUCATION AND TRAINING PLAN
MGT believes that high quality staff training can elevate and accelerate the City’s commitment to promote
and sustain a culture of DEI. We included this section to inform the City of MGT’s ability to provide world-
class equity-related training and coaching. Our team is made up of seasoned educators who are skilled in
the art of adult learning, design, and facilitation.
In addition to 1:1 executive coaching for current and aspiring leaders, we also often equity-driven training
that includes topics including but not limited to the sample list below, as well as the topics and session
descriptions listed on the following page.
w Systemic Racism – what is it and how to recognize it
w Implicit/Unconscious Bias – how it shows up and how to recognize it
w Micro-Aggressions – how to recognize them and respond appropriately when encountering
them
CITY OF MUSKEGON, MI | NOVEMBER 14, 2023
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RFP | DIVERSITY, EQUITY, AND INCLUSION AUDIT
Page 135 of 165
APPENDIX III: ADDITIONAL CONSULTING SERVICES
w Cultural Awareness and Inclusion – understanding and create a safe space for people from
different backgrounds so they feel ling they belong on the team or in the organization
w Gender and Sex – Select topics on the importance of LGBTQIA+ representation and effective
inclusion strategies.
w Avoiding Ableism – Provide leadership with strategies to attract, retain and support people living
with various disabilities
w Stop Asian American Pacific Islander (API) Hate – Orientalism and the rebirth of API hate post
WWII.
w Neurodiversity – Training around needs of neurodiverse populations and how to include and
maximize neurodiverse members of the team.
CITY OF MUSKEGON, MI | NOVEMBER 14, 2023
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RFP | DIVERSITY, EQUITY, AND INCLUSION AUDIT
Page 136 of 165
APPENDIX III: ADDITIONAL CONSULTING SERVICES
EXAMPLE OF PROFESSIONAL TRAINING OPTIONS
Exploring the Benefits of a DEI-Driven Organization
Description: Organizations that genuinely and meaningfully focus on employing a diverse staff and
establishing and sustaining a culture of equity and inclusion experience significant improvements in
employee engagement and retention, service delivery, financial health, and student success and
satisfaction. This session will examine the benefits of being a DEI-driven organization.
Objectives: Participants will be able to…
• Increase awareness and sensitivity to diversity, equity, and inclusion and its impact on people in
society and in the workplace
• Demonstrate the knowledge and understanding required to create a welcoming and inclusive
environment across the organization
• Articulate how a focus on DEI can improve outcomes for employees and citizens
Creating a Culture of Awareness and Inclusion
Description: While subject matter expertise is important, effective leaders also possess ever-growing
cultural awareness that allows them to understand the motivations and sensitivities of others so that all
stakeholders can feel safe, cared for, and comfortable being authentic.
Objectives: Participants will be able to…
• Understand and articulate how political, cultural, social, and economic issues affect teams,
organizations, and society
• Identify the impact of bias in the workplace and communicate strategies to create a safe and
objective environment
• Self-assess and acknowledge their personality traits and leadership style and the impact it has on
their team’s culture and employee experience
Maximizing Diversity and Difference
Description: This session will enhance the capacity of senior leaders to have the awareness to understand
difference, value diversity, and create a culture of inclusion so that all employees and key stakeholders feel
emotionally safe, respected, and comfortable being authentic in the workplace.
Objectives: Participants will be able to…
• Explain the importance of developing and sustaining various types of diversity on employee teams
• Understand and articulate how implicit bias impacts people effectiveness and team success
• Identify and execute strategies that foster a culture of inclusion and ensure an emotionally safe
environment for all employees
• Model and hold people accountable for ensuring fair treatment and opportunity for employees.
CITY OF MUSKEGON, MI | NOVEMBER 14, 2023
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RFP | DIVERSITY, EQUITY, AND INCLUSION AUDIT
Page 137 of 165
APPENDIX III: ADDITIONAL CONSULTING SERVICES
ADDITIONAL SERVICE #3: DEI PROGRESS MONITORING AND EVALUATION
Task A: Progress Monitoring Tool
To assist the City in its desire to adequately assess its DEI progress, MGT will create a comprehensive
assessment tool to be used annually by leadership to assess the organization’s progress towards meetings
its DEI goals including but not limited to:
1) Implementation fidelity of DEI Action Plan
2) Impact of DEI Action Steps
3) Performance metrics of DEI goals and Action Plan milestones
DELIVERABLES
w Comprehensive progress evaluation tool inclusive of metrics, targets, and quarterly dashboard
w Live leader training of required and optional analytic tools for use in quarterly and annual
assessments
w Training materials to be used in training for City’s leaders
Task B: Assessment of Progress
To ensure that the DEI Action Plan is being implemented with fidelity and meeting the goals of the
organization, MGT will evaluate stakeholder satisfaction data regarding implementation of initiatives to
strengthen the culture of equity though stakeholder interviews and surveys.
DELIVERABLES
w Written assessment of progress to date inclusive of highlights, errors, unanticipated challenges,
and real-time impact analysis
w Updated set of recommendations and next steps
w Presentation of progress review, programmatic updates, and recommended next steps
ADDITIONAL SERVICE #4 BEN TO: DATA VISUALIZATION AT YOUR FINGERTIPS
Return learning to your staff and community by putting the data back into the hands of those closest to
it. Add this visualization tool to your project to amplify your storytelling and shift power back to
community.
What can Bento do for my project?
w Help leaders make decisions by making easy-to-read charts and graphs for all people
w Tell your organization’s story through helpful data visualizations while also building trust and
maintaining the anonymity of survey participants
w Analyze your data by creating custom intersections of demographics, such as viewing your data
by race, gender, and age with one easy click of a button
CITY OF MUSKEGON, MI | NOVEMBER 14, 2023
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RFP | DIVERSITY, EQUITY, AND INCLUSION AUDIT
Page 138 of 165
APPENDIX III: ADDITIONAL CONSULTING SERVICES
Deliverables:
w Initial meeting to determine Bento goals and data visualization expectations to demonstrate
data story-telling fit for your organization
w Identified and agreed upon data for upload
w Bento site access for all key organization members and identified constituents
w Evergreen data that is easily accessible, dynamic, and always yours
CITY OF MUSKEGON, MI | NOVEMBER 14, 2023
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RFP | DIVERSITY, EQUITY, AND INCLUSION AUDIT
Page 139 of 165
Required Forms
The completed Proposal & Award form is provided on the following page.
CITY OF MUSKEGON, MI | NOVEMBER 14, 2023
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RFP | DIVERSITY, EQUITY, AND INCLUSION AUDIT
Page 140 of 165
Page 141 of 165
NATIONAL FIRM LOCAL FOCUS
Alabama Florida Michigan Texas
Birmingham Tampa HQ Bay City Dallas
Arizona New York Austin
Georgia
NYC San Antonio
Phoenix Savannah
Houston
California Atlanta North Carolina
Alpharetta Raleigh Utah
Sacramento Salt Lake City
Riverside Illinois South Carolina
Chicago Metro Columbia Virginia
Carlsbad
Richmond
Indiana Tennessee
Gary Nashville Washington, D.C
4320 West Kennedy Boulevard, Tampa, Florida 33609
888.302.0899 | www.mgtconsulting.com
Page 142 of 165
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 23, 2024 Title: Adelaide Pointe Dropwell Docks Discussion
Submitted by: Dan VanderHeide, Public Works Department: Public Works
Director
Brief Summary:
Adelaide Pointe has proposed new docks at the dropwell location in Hartshorn Park under the
Cooperative Use Agreement and will present the plan for consideration.
Detailed Summary & Background:
Adelaide Pointe has proposed a set of docks that would be attached to the seawall just east of the
Hartshorn boat launch. The docks would allow for boats dropped into the lake by the In/Out
operations, and would provide additional public dock space for shopping and water access. While
the docks are not shown on the currently approved site plan/PUD plan, the Cooperative Use
Agreement would support the concept if the updated plans showing the docks were to be
approved by the City and EGLE. Adelaide Pointe will present the plan in detail for review and
discussion.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Improved access to the waterfront, Sustainability in financial practices and infrastructure
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
For discussion only.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head Yes
Information
Technology
Other Division Heads X
Communication
Page 143 of 165
Legal Review
Page 144 of 165
E
PROJECT LOCATION N LAK
GO
920 W WESTERN AVE SKE
MU
MUSKEGON, MI 49441
SCALE: NOT TO SCALE
*
DI
VI
.
VE
SI
NA
NO
ER
ST
ST
WE
.
W WESTERN AVE. W
DIVISION ST.
.
DR
E
OR
SH
KE
I
SHORELINE DR. US-31
LA
O N, M
S KEG
MU
WISCONSIN
LAKE HURON
MICHIGAN
LAKE
*
MICHIGAN
ILLINOIS LAKE ERIE
INDIANA OHIO
LOCATION MAP
APPLICANT: ADELAIDE POINTE QOZB LLC
WATERWAY: MUSKEGON LAKE
CITY: MUSKEGON, MI
518 BROAD STREET, SUITE 200 COUNTY: MUSKEGON
ST. JOSEPH, MI 49085 DATE: 01/09/2024
P: 269.932.4502 DATUM: IGLD85
edgewaterresources.com
SHEET: 1 OF 5
Page 145 of 165
NOTES:
1. TOPOGRAPHIC AND BATHYMETRIC SURVEY PERFORMED BY
5
EDGEWATER RESOURCES ON 04/13/2023 NORTH
2 OF
2. VERTICAL DATUM IS IGLD'85
3. HORIZONTAL DATUM IS MICHIGAN STATE PLANE, SOUTH ZONE, 0 50' 100'
NAD83,INTERNATIONAL FOOT.
SHEET:
EXISTING CONDITIONS
4. AVERAGE WATER LEVEL ON DAY OF SURVEY (USACE) = 579.23' IGLD'85 SCALE: 1" = 100'
5. PROPERTY LINES ARE APPROXIMATE.
ADELAIDE POINTE
6. USACE OHWM = 581.5 (IGLD'85), EGLE OHWM = 580.5' (IGLD'85)
MUSKEGON LAKE
MUSKEGON, MI
7. LWD = 577.5' (IGLD'85)
MUSKEGON
01/08/2024
IGLD85
MUSKEGON LAKE
WATERWAY:
APPLICANT:
COUNTY:
DATUM:
DATE:
CITY:
PG. 4
1
560
570
EXISTING SHEET
560 PILE WALL
57
0
ADJACENT PROPERTY OWNER: 580
CITY OF MUSKEGON EXISTING
933 TERRACE ST. RIP-RAP
MUSKEGON, MI 49440
PROPERTY OWNER:
CITY OF MUSKEGON
USACE OHWM
933 TERRACE ST.
581.5'
MUSKEGON, MI 49440
PARKING LOT
518 BROAD STREET, SUITE 200
EXISTING
FENCE
ADJACENT PROPERTY OWNER:
HARTSHORN HOLDINGS LLC PROPERTY LINES
edgewaterresources.com
ADJACENT PROPERTY OWNER:
ST. JOSEPH, MI 49085
17923 WILDWOOD SPRINGS PRKWY
ADELAIDE POINTE QOZB LLC
SPRING LAKE, MI 49456
220 LYON ST NW STE 400
P: 269.932.4502
GRAND RAPIDS, MI 49503
Page 146 of 165
NOTES: TOTAL AREA OF PROPOSED DOCK
1. TOPOGRAPHIC AND BATHYMETRIC SURVEY PERFORMED BY SYSTEM: 2880 SF
5
EDGEWATER RESOURCES ON 04/13/2023 MUSKEGON LAKE NORTH
3 OF
2. VERTICAL DATUM IS IGLD'85
ADELAIDE POINTE QOZB LLC
3. HORIZONTAL DATUM IS MICHIGAN STATE PLANE, SOUTH ZONE, 0 20' 40'
NAD83,INTERNATIONAL FOOT.
560
PROPOSED CONDITIONS
SHEET:
4. AVERAGE WATER LEVEL ON DAY OF SURVEY (USACE) = 579.23' IGLD'85 SCALE: 1" = 40'
5. PROPERTY LINES ARE APPROXIMATE.
FLOATING WAVE ATTENUATOR
6. USACE OHWM = 581.5 (IGLD'85), EGLE OHWM = 580.5' (IGLD'85)
MUSKEGON LAKE
MUSKEGON, MI
7. LWD = 577.5' (IGLD'85) 120'
MUSKEGON
01/09/2024
8'
IGLD85
570
3
WATERWAY:
APPLICANT:
PG. 5
COUNTY:
TYP. GUIDE PILES (8)
DATUM:
DATE:
12" DIA.
CITY:
FLOATING DOCK
560
120'
TYP. GUIDE PILES (3) 8'
12" DIA.
1
TYP. 40'
TYP. 40' PG. 5
57
0
TYP. SPUD PILES (16)
2
3" DIA. PG. 5 TYP. 20'X6' GANGWAY (4)
580
TYP. FLOATING PIERS (3)
PG. 4
2
518 BROAD STREET, SUITE 200
USACE OHWM
581.5' EXISTING PARKING LOT
edgewaterresources.com
ST. JOSEPH, MI 49085
P: 269.932.4502
Page 147 of 165
NOTES:
1. TOPOGRAPHIC AND BATHYMETRIC SURVEY PERFORMED BY
5
EDGEWATER RESOURCES ON 04/13/2023
4 OF
2. VERTICAL DATUM IS IGLD'85
ADELAIDE POINTE QOZB LLC
3. AVERAGE WATER LEVEL ON DAY OF SURVEY (USACE) = 579.23' IGLD'85
4. USACE OHWM = 581.5 (IGLD'85), EGLE OHWM = 580.5' (IGLD'85)
SHEET:
5. LWD = 577.5' (IGLD'85) EXISTING PROFILE
1
PROFILE VIEW
TOP OF PARKING SCALE: 1" = 20'
MUSKEGON LAKE
LOT - 582.5'
MUSKEGON, MI
595 595
MUSKEGON
01/09/2024
590 590
IGLD85
585 USACE OHWM 581.5' 585
WATERWAY:
580 580
APPLICANT:
COUNTY:
DATUM:
575 EXISTING 575
DATE:
CITY:
GRADE USACE LWD 577.5'
570 570
565 565
560 560
555 555
550 550
545 545
-10 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150
PROPOSED PROFILE
TOP OF PARKING
LOT - 582.5'
2 SCALE: 1" = 20'
595 595
20' ALUMINUM GANGWAY FLOATING WAVE ATTENUATOR
590 590
585 FLOATING DOCK USACE OHWM 581.5' 585
580 580
575 575
3" SPUD PILES
570 EXISTING USACE LWD 577.5' 570
518 BROAD STREET, SUITE 200
GRADE
565 12" GUIDE PILE 12" GUIDE PILE 565
560 560
edgewaterresources.com
ST. JOSEPH, MI 49085
555 555
P: 269.932.4502
550 550
545 545
-10 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150
Page 148 of 165
6X6 TREATED TIMBER
5
FENDERS
5 OF
ADELAIDE POINTE QOZB LLC
12" UV-STABLE PLASTIC
PILE CAP, BLACK
SHEET:
8'
STEEL PIPE PILE - 12" DIAMETER
MUSKEGON LAKE
DETAILS
MUSKEGON, MI
WATER LEVEL (VARIES)
MUSKEGON
01/09/2024
FLOATATION
IGLD85
PROPOSED
FLOATING DOCK
WATERWAY:
PROPOSED SPUD
APPLICANT:
PILE ANCHORAGE (TYP.)
COUNTY:
DECKING - TO MATCH
DATUM:
FLOATING DOCKS
DATE:
CITY:
EXISTING GRADE HINGE ASSEMBLY
(VARIES) 8'
WATER LEVEL (VARIES)
TYPICAL 8' WIDE FLOATING DOCK (MAIN PIERS)
1
7'
SCALE: 1"=4'
INTEGRAL
UPPER HANDRAIL FLOTATION UNIT
72" MAX.
60" CLEAR
2"x12" TIMBER STEEL FRAMING
BAFFLE BOARDS
LOWER HANDRAIL
WITH RAIL RETURN
NOTE:
ATTENUATOR SHOWN IS SCHEMATIC.
CONTRACTOR RESPONSIBLE FOR
EXISTING GRADE FINAL DESIGN PER SPECIFICATIONS.
(VARIES)
518 BROAD STREET, SUITE 200
RAILING POST
edgewaterresources.com
ST. JOSEPH, MI 49085
TYPICAL FLOATING WAVE ATTENUATOR SECTION
NON-SLIP DECKING
3 SCALE: 1"=40'
P: 269.932.4502
UTILITIES BENEATH MATERIAL
TYPICAL GANGWAY SECTION
2 SCALE: 1"=5'
Page 149 of 165
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 23, 2024 Title: CFFMC Spark Grant Application Discussion
Submitted by: Kyle Karczewski, Parks and Department: Public Works
Recreation Director
Brief Summary:
Staff requests approval to work with the Community Foundation for Muskegon County (CFFMC) to
apply for a Spark Grant for a new skate park at Rotary Park.
Detailed Summary & Background:
The Spark Grant program includes a round of funding designated specifically for communities that
have historically been looked over for grant funding in parks and public spaces. Each community
was assigned to a Community Foundation in order to assist in distributing the funds outside of the
traditional scoring process. Although Muskegon was successful during the competitive round, and
that may slightly reduce the amount the City could receive, staff has heard positive reinforcement
from knowledgeable individuals that the City could expect to receive funding from this process.
Due to the compressed application time frame, staff was required to select a project that had
budgetary numbers and conceptual plans already completed. The only project that met that
criteria was the new skate park proposed at Rotary Park, which is an excellent candidate for the
program and furthers several staff and Commission goals. The concept plan, prepared by nationally-
recognized skate park design firm Grindline, is included for review and has been budgeted at
$1,000,000. If less than the full project amount is funded a group of community stakeholders has
indicated a willingness to raise funds and they believe some funds to support the project exist in the
community, but due to the compressed timeline no formal campaign has been launched. If the
project is selected, funding would be identified prior to entering into any formal grant agreement.
If the project is selected for funding, the City and County will need to negotiate a lease for a portion
of Rotary Park. The County has indicated they are willing to enter into those discussions when the
time is right, and has previously indicated a willingness to host the skate park in this location. A wide-
ranging community engagement campaign conducted in 2021-22 identified Rotary Park as the
community's preferred location and provided many ideas for elements that will be included in the
park.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Enhanced Parks and Recreation Department and Services
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Page 150 of 165
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
For Discussion Only
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads X
Communication X
Legal Review X
Page 151 of 165
Muskegon Skatepark Concept Muskegon Skatepark Concept
Muskegon, MI PC013123 | January 31st, 2023
[email protected] | grindline.com
Page 152 of 165
Muskegon Skatepark Concept Muskegon Skatepark Concept
Muskegon, MI PC013123 | January 31st, 2023
[email protected] | grindline.com
Page 153 of 165
Muskegon Skatepark Concept Muskegon Skatepark Concept
Muskegon, MI PC013123 | January 31st, 2023
[email protected] | grindline.com
Page 154 of 165
Muskegon Skatepark Concept Muskegon Skatepark Concept
Muskegon, MI PC013123 | January 31st, 2023
[email protected] | grindline.com
Page 155 of 165
4' 6''
4' 6''
5' 4' 6''
2' 2' 0'
4'
2' 0'
0' 0'
3' 6''
0' 2' 6'' 1' 6''
0'
0' 1' 6''
2'
2'
5'
Muskegon Skatepark Concept Muskegon Skatepark Concept
Muskegon, MI PC013123 | January 31st, 2023
[email protected] | grindline.com
Page 156 of 165
Muskegon Skatepark Concept Muskegon Skatepark Concept
Muskegon, MI PC013123 | January 31st, 2023
[email protected] | grindline.com
Page 157 of 165
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 23, 2024 Title: Sale of 720 Leonard Avenue
Submitted by: LeighAnn Mikesell, Deputy City Department: Manager's Office
Manager
Brief Summary:
Staff is seeking approval of the sale of 720 Leonard Avenue.
Detailed Summary & Background:
720 Leonard Avenue was constructed through the agreement with Rudy Briggs to construct infill
housing with ARPA funding. The offer is for full asking price.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A x
Recommended Motion:
to approve the purchase agreement for 720 Leonard Avenue.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 158 of 165
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WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
#
DATE: 11/16/2023 , (time) MLS # 71023133675
SELLING OFFICE: Pinnacle Realty BROKER LIC.#: 6505 REALTOR® PHONE: 2313275332
LISTING OFFICE: TLK Realty REALTOR® PHONE:
1. Effective Date: This Agreement is effective on the date of Seller's acceptance of Buyer's offer or Buyer's acceptance of any
counteroffer, as the case may be, and this date shall hereafter be referred to as the "Effective Date". Further, any reference to "days"
in this Agreement refers to calendar days. The first calendar day begins at 12:01 a.m. on the day after the Effective Date. Any reference
to "time" refers to local time.
2. Agency Disclosure: The Undersigned Buyer and Seller each acknowledge that they have read and signed the Disclosure Regarding
Real Estate Agency Relationships. The selling licensee is acting as (choose one):
Agent/Subagent of Seller Buyer’s Agent Dual Agent (with written, informed consent of both Buyer and Seller)
Transaction Coordinator
Primary Selling Agent Name: Jay Kilgo Email: [email protected] Lic.#: 6504431414
Alternate Selling Agent Name: Email: Lic.#:
3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.)
Buyer has received the Seller’s Disclosure Statement, dated .
Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt
of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this
Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by
registered mail. Exceptions:
Seller is exempt from the requirements of the Seller Disclosure Act.
4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached
and will be an integral part of this Agreement.
5. Property Description: Buyer offers to buy the property located in the City Village Township of Muskegon ,
County of Muskegon , Michigan, commonly known as (insert mailing address: street/city/state/zip code)
720 Leonard Avenue, Muskegon, MI 49442
with the following legal description and tax parcel ID numbers:
LOT 3, EXCEPT THE WEST 25.77 FEET, LOT 4, AND THE WEST 0.66 FEET OF LOT 5, BLOCK 3, GUNNS SUBDIVIDON OF PART OF BLOCK 2, CITY OF
MUSKEGON, MUSKEGON COUNTY, MICHIGAN.
PP# 61-24-405-003-0001-00 .
The following paragraph applies only if the Premises include unplatted land:
Seller agrees to grant Buyer at closing the right to make (insert number) ALL division(s) under Section 108(2), (3), and
(4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays
with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the
number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale
will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or
before 12/29/2023 , of the proposed division to create the Premises.
6. Purchase Price: Buyer offers to buy the Property for the sum of $ 224500
two hundred twenty-four thousand five hundred U.S. Dollars
7. Seller Concessions, if any: Seller to contribute $5,000 towards buyers closing costs, discount points and prepaid
8. Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.)
SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below
are currently available to Buyer in cash or an equally liquid equivalent.
If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within
three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall
receive a refund of Buyer’s Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price.
CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual Agent
verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information to Seller and/or
Seller’s Agent. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement
at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be
arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement.
NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to
obtain a FHA type 30 (year) mortgage in the amount of 96.5 % of the Purchase Price
bearing interest at a rate not to exceed 8.5 % per annum (rate at time of loan application), on or before the date the sale is
to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to
process the application, within 3 days after the Effective Date, not to impair Buyers’ credit after the date such loan if
offered. Seller Buyer will agree to pay an amount not to exceed $ 0 representing repairs required as a
condition of financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from
©Copyright, West Michigan REALTOR® Associations
Page 1 of 6 Rev. Date 1/2023 JM Buyer’s Initials MF Seller’s Initials
11/20/23 12/07/23
4:43 PM EST 4:11 PM EST
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West Michigan Regional Purchase Agreement Page 2 of 6
Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent.
Exceptions:
SELLER FINANCING (choose one of the following): CONTRACT or PURCHASE MONEY MORTGAGE
In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the
credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if
Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer
within 48 hours. Seller is advised to seek professional advice regarding the credit report.
$ upon execution and delivery of a
form (name or type of form and revision date), a copy of which is attached, wherein the balance of $
will be payable in monthly installments of $ or more including interest at % per annum,
interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance
will become due and payable months after closing. Any appraisal required by Buyer shall be arranged and
paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions:
EQUITY (choose one of the following): Formal Assumption or Informal Assumption
Upon execution and delivery of: Warranty Deed subject to existing mortgage OR Assignment of Vendee Interest
in Land Contract, Buyer to pay the difference (approximately $ ) between the Purchase Price above
provided and the unpaid balance (approximately $ ) upon said mortgage or land contract, which Buyer
agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future
taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten
(10) days after the Effective Date of this Agreement. Exceptions:
OTHER:
9. Contingencies: Buyer’s obligation to consummate this transaction (choose one):
IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer.
IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at:
A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale
or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in
writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest
Money Deposit.
IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing
of a sale or exchange of Buyer’s property located at
on or before . Seller will have the right to continue to
market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy
thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such
price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified
promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions:
10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All
improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the
following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and
bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage
disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached
shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and
pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on
heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid
heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete
rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball
backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars;
detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door
opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes:
Stove, Fridge, Microwave Prefers Stainless Steel Appliances
but does not include:
720 Leonard Avenue, Muskegon, MI 49442 11/16/2023
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023 JM Buyer’s Initials MF Seller’s Initials
11/20/23 12/07/23
4:43 PM EST 4:11 PM EST
dotloop verified dotloop verified
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West Michigan Regional Purchase Agreement Page 3 of 6
11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
expended through normal use. Exceptions:
NONE
12. Assessments (choose one):
If the Property is subject to any assessments,
Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless
of any installment arrangements), except for any fees that are required to connect to public utilities.
Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume
and pay all other installments of such assessments.
Seller has an ongoing obligation through the Closing to disclose to the Buyer any known pending assessments, including, but not limited
to, any mandatory utility connection requirements, and/or benefit charges, and condominium special assessments, that have not been
previously disclosed in writing to Buyer.
13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all taxes
billed after those addressed below.
Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property
tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the
Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when
property is transferred.
No proration. (Choose one):
Buyer Seller will pay taxes billed summer (year);
Buyer Seller will pay taxes billed winter (year);
Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if
necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment
and prorated to the date of closing with Seller paying for January 1 through the day before closing.
Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one): advance. arrears.
Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal
year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken
down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions:
14. Well/Septic: Within ten (10) days after the Effective Date, (choose one) Seller or Buyer will arrange for, at their own expense,
an inspection of the primary well used for human consumption (including a water quality test for coliform bacteria and nitrates) and
septic systems in use on the Property. The inspection will be performed by a qualified inspector in a manner that meets county (or
other local governmental authority, if applicable) protocol.
If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may,
within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a
refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails
to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as-is.
Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable
resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of
termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract,
Buyer will proceed to closing according to the terms and conditions of this Agreement.
Other: N/A
15. Inspections & Investigations:
Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at
Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be
Buyer’s responsibility and expense.
Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances
and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the
Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone.
All inspections and investigations will be completed within ____7 days after the Effective Date. If the results of Buyer’s inspections and
investigations are not acceptable to Buyer, Buyer may, within the above referenced period, either (a) terminate this Agreement by
written notice to Seller and receive a refund of Buyer’s Earnest Money Deposit, or (b) make a written proposal to Seller to correct those
unsatisfactory conditions, which proposal must be in the form of a proposed addendum and must be signed by Buyer in order for it to
be effective. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have
720 Leonard Avenue, Muskegon, MI 49442 11/16/2023
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023 JM Buyer’s Initials MF Seller’s Initials
11/20/23 12/07/23
4:43 PM EST 4:11 PM EST
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West Michigan Regional Purchase Agreement Page 4 of 6
accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this
Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of
Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a refund of
any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed
to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this Agreement.
Buyer has waived all rights under this Inspections & Investigations paragraph.
Exceptions: NONE
16. Municipal Compliances: Seller will arrange and pay for current certificates of occupancy, sidewalk compliance, and smoke detector
ordinances, if applicable.
17. Title Insurance: Seller agrees to convey marketable title to the Property subject to conditions, limitations, reservation of oil, gas and
other mineral rights, existing zoning ordinances, and building and use restrictions and easements of record. An expanded coverage
ALTA Homeowner’s Policy of Title Insurance in the amount of the Purchase Price shall be ordered by Seller and furnished to Buyer at
Seller’s expense, and a commitment to issue a policy insuring marketable title vested in Buyer, including a real estate tax status
report, will be made available to Buyer within ten (10) days after the Effective Date. If Buyer so chooses, or if an expanded policy is
not applicable, then a standard ALTA Owners’ Policy of Title Insurance shall be provided.
If Buyer objects to any conditions, Buyer may, within three (3) days of receipt of the Title Commitment, by written notice to Seller,
either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct
those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
deemed to have accepted the Title Commitment as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s
proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days
after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and
shall receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day
period, Buyer will be deemed to accept the Title Commitment as-is and will proceed to closing according to the terms and conditions
of this Agreement. Exceptions:
NONE
18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property
and the location of improvements thereon.
Buyer or Seller (choose one) shall within ten (10) days of the Effective Date, order, at their expense, a boundary survey with iron
corner stakes showing the location of the boundaries, improvements and easements in connection with the Property. Upon receipt of
the survey, Buyer will have three (3) days to review the survey. If the survey shows any condition, in Buyer’s sole discretion, which
would interfere with Buyer’s intended use of the Property, the marketability of the title, or zoning non-compliance, then Buyer may,
within said three (3) day period, terminate this Agreement, in writing, and Buyer will receive a full refund of Buyer’s Earnest Money
Deposit.
No survey. Buyer has waived all rights under this paragraph.
When closing occurs, Buyer shall be deemed to have accepted the boundaries of the Property and the location of such improvements
thereon. Exceptions:
NONE
19. Home Protection Plan: Buyer and Seller have been informed that home protection plans may be available. Such plans may provide
additional protection and benefit to the parties. Exceptions:
20. Prorations: Rent; association dues/fees, if any; insurance, if assigned; interest on any existing land contract, mortgage or lien
assumed by Buyer; will all be adjusted to the date of closing. For the purposes of calculating prorations, it is presumed that Seller
owns the Property through the day before closing.
21. Closing: If agreeable to Buyer and Seller, the sale will be closed as soon as closing documents are ready, but not later than
02/20/2024 . An additional period of fifteen (15) days will be allowed for closing to accommodate the correction of
title defects or survey problems which can be readily corrected, or for delays in obtaining any lender required inspections/repairs. During
this additional period, the closing will be held within 5 days after all parties have been notified that all necessary documents have been
prepared. Buyer and Seller will each pay their title company closing fee, if applicable, except in the case of VA financing where Seller
will pay the entire closing fee. Exceptions:
The Buyer would like to close before Feb, 20th
22. Pre-Closing Walk-Through: Buyer (choose one) reserves waives the right to conduct a final walk-through of the
Property within three (3) days of the scheduled closing date. The purpose of the walk-through is to determine that the Property is in
a substantially similar condition as of the Effective Date, any contractually agreed upon items have been fulfilled, and that any included
personal property is still located at the Property. Buyer shall immediately report to Seller any objections to these conditions and Buyer’s
requested corrective action.
23. Possession: Seller will maintain the Property in its present condition until the completion of the closing of the sale. Possession to be
delivered to Buyer, subject to rights of present tenants, if any.
At the completion of the closing of the sale.
At a.m. p.m. on the day after completion of the closing of the sale, during which time Seller
720 Leonard Avenue, Muskegon, MI 49442 11/16/2023
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
JM Buyer’s Initials MF Seller’s Initials
Revision Date 1/2023 11/20/23 12/07/23
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will have the privilege to occupy the Property and hereby agrees to pay Buyer $ 0 as an occupancy
fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds.
If Seller fails to deliver possession to Buyer on the agreed date, Seller shall become a tenant at sufferance and shall pay to Buyer as
liquidated damages $ 100 per day plus all of the Buyer’s actual reasonable attorney's fees incurred in removing the Seller
from the Property.
If Seller occupies the Property after closing, Seller will pay all utilities during such occupancy. Buyer will maintain the structure and
mechanical systems at the Property. However, any repairs or replacements necessitated by Seller’s misuse, abuse, or neglect of any
portion of the Property will be Seller’s responsibility and expense.
On the agreed delivery date, Seller shall deliver the Property free of trash and debris and in broom-clean condition, shall remove all
personal property (unless otherwise stated in this or an additional written agreement), shall make arrangements for final payment on
all utilities, and shall deliver all keys to Buyer. Exceptions:
NONE
24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 5:00PM (time) on
11/27/2023 (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted by
Seller, will constitute a binding Agreement between Buyer and Seller. An Earnest Money Deposit in the amount of $ 1,000
shall be submitted to Transnation Title (insert name of broker, title
company, other) within 72 hours of the Effective Date of this Agreement, and shall be applied against the Purchase Price. If the Earnest
Money Deposit is not received within 72 hours of the Effective Date or is returned for insufficient funds, Seller may terminate this
Agreement until such time as the Earnest Money Deposit is received. If Seller terminates this Agreement under this provision, Seller
waives any claim to the Earnest Money Deposit. If the sale is not closed due to a failure to satisfy a contingency for a reason other
than the fault of Buyer, the Earnest Money Deposit shall be refunded to Buyer. If the sale is not closed as provided in this Agreement
and Buyer and Seller do not agree to the disposition of the Earnest Money Deposit, then Buyer and Seller agree that the Broker holding
the Earnest Money Deposit may notify Buyer and Seller, in writing, of Broker’s intended disposition of the Earnest Money Deposit. If
Buyer and Seller do not object to such disposition in writing within fifteen (15) days after the date of Broker’s notice, they will be deemed
to have agreed to Broker’s proposed disposition; if either Buyer or Seller object and no mutually agreeable disposition can be
negotiated, Broker may deposit the funds by interpleader with a court of proper jurisdiction or await further actions by Buyer and Seller.
In the event of litigation involving the deposit, in whole or in part, either the Seller or the Buyer that is not the prevailing party, as
determined by the court, will reimburse the other for reasonable attorneys’ fees and expenses incurred in connection with the litigation,
and will reimburse the Broker for any reasonable attorneys’ fees and expenses incurred in connection with any interpleader action
instituted. If the entity holding the Earnest Money Deposit is not the Broker, then to the extent that the terms of any escrow agreement
conflict with this paragraph, then the terms and conditions of the escrow agreement shall control.
25. Professional Advice: Broker hereby advises Buyer and Seller to seek legal, tax, environmental and other appropriate professional
advice relating to this transaction. Broker does not make any representations or warranties with respect to the advisability of, or the
legal effect of this transaction. Buyer further acknowledges that REALTOR® above named in the Agreement hereby recommends to
Buyer that an attorney be retained by Buyer to pass upon the marketability of the title and to ascertain that the required details of the
sale are adhered to before the transaction is consummated. Buyer agrees that Buyer is not relying on any representation or statement
made by Seller or any real estate salesperson (whether intentionally or negligently) regarding any aspect of the Property or this sale
transaction, except as may be expressly set forth in this Agreement, a written amendment to this Agreement, or a disclosure statement
separately signed by Seller.
26. Disclosure of Information: Buyer and Seller acknowledge and agree that the Purchase Price, terms, and other details with respect
to this transaction (when closed) are not confidential, will be disclosed to REALTORS® who participate in the applicable Multiple Listing
Service, and may otherwise be used and/or published by that Multiple Listing Service in the ordinary course of its business.
27. Other Provisions:
28. Mergers and Integrations: This Agreement is the final expression of the complete agreement of Buyer and Seller, and there are no
oral agreements existing between Buyer and Seller relating to this transaction. This Agreement may be amended only in writing signed
by Buyer and Seller and attached to this Agreement.
29. Fax/Electronic Distribution and Electronic Signatures: Buyer and Seller agree that any signed copy of this Agreement, and any
amendments or addendums related to this transaction, transmitted by facsimile or other electronic means shall be competent evidence
of its contents to the same effect as an original signed copy. Buyer and Seller further agree that an electronic signature is the legal
equivalent of a manual or handwritten signature, and consent to use of electronic signatures. Buyer and Seller agree that any notice(s)
required or permitted under this Agreement may also be transmitted by facsimile or other electronic means.
30. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic
720 Leonard Avenue, Muskegon, MI 49442 11/16/2023
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
JM Buyer’s Initials MF Seller’s Initials
Revision Date 1/2023 11/20/23 12/07/23
4:43 PM EST 4:11 PM EST
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communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’
license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the
Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with
Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme
to steal funds or use your identity.
31. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer.
Buyer 1 Address X Jabrea Mcquarter Buyer
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Buyer 1 Phone: (Res.) (Bus.) Jabrea Mcquarter
Print name as you want it to appear on documents.
Buyer 2 Address X Buyer
Buyer 2 Phone: (Res.) (Bus.)
Print name as you want it to appear on documents.
32. Seller’s Response: The above offer is approved: As written. As written except:
Counteroffer, if any, expires , at (time). Seller has the right to withdraw this
counteroffer and to accept other offers until Seller or Seller’s Agent has received notice of Buyer’s acceptance.
33. Certification of Previous Disclosure Statement: Seller certifies to Buyer that the Property is currently in the same condition as
disclosed in the Seller’s Disclosure Statement dated (choose one): Yes No.
Seller agrees to inform Buyer in writing of any changes in the content of the disclosure statement prior to closing.
34. Notice to Seller: Seller understands that consummation of the sale or transfer of the Property described in this Agreement will not
relieve Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless otherwise agreed to by
the lender or required by law or regulation. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form
is available from the respective agents via the West Michigan REALTOR® Boards.
35. Listing Office Address: Listing Broker License #
Listing Agent Name: Terri Kitchen Listing Agent License #
36. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s
response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required
below.
X (Seller’s Signature, Date, Time): Mike Franzak
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Is Seller a U.S. Citizen or Resident Alien? Yes No*
Print name as you want it to appear on documents.
X (Seller’s Signature, Date, Time):
Is Seller a U.S. Citizen or Resident Alien? Yes No*
Print name as you want it to appear on documents.
Seller’s Address: Seller’s Phone (Res.) (Bus)
* If Seller(s) is not a U.S. Citizen or Resident Alien, there may be tax implications and Buyer and Seller are advised to seek professional advice.
37. Buyer’s Receipt/Acceptance: Buyer acknowledges receipt of Seller’s response to Buyer’s offer. In the event Seller’s response
constitutes a counteroffer, Buyer accepts said counteroffer. All other terms and conditions in the offer remain unchanged.
X (Buyer’s Signature, Date, Time):
X (Buyer’s Signature, Date, Time):
38. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer.
X (Seller’s Signature, Date, Time):
X (Seller’s Signature, Date, Time):
720 Leonard Avenue, Muskegon, MI 49442 11/16/2023
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023 JM Buyer’s Initials MF Seller’s Initials
11/20/23 12/07/23
4:43 PM EST 4:11 PM EST
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Affirmative Action
(231)724-6703
FAX (231)722-1214
Assessor/
Equalization Co.
(231)724-6386
FAX (231)724-1129
Cemetery/Forestry
(231)724-6783
FAX (231)724-4188
City Manager
(231)724-6724
FAX (231)722-1214 January 17th, 2024
Clerk
(231)724-6705
FAX (231)724-4178
Comm. & Neigh.
Services
(231)724-6717
FAX (231)726-2501 Mayor Ken Johnson
Muskegon City Hall
Computer Info.
Technology 933 Terrace Street
(231)724-4126
FAX (231)722-4301 Muskegon, MI 49440
Engineering
(231)724-6707 Re: Conflict of Interest: Jay Kilgo Pinnacle Realty
FAX (231)727-6904
Finance Dear Mayor Johnson:
(231)724-6713
FAX (231)726-2325
The City of Muskegon is considering approving the sale of 720 Leonard St. Muskegon, MI 49442. The
Fire Department
(231)724-6795 city will be using brownfield funds to off set the cost of this sale. As a City Commissioner for the City
FAX (231)724-6985 of Muskegon, the following letter is provided.
Human Resources
Co. (Civil Service) It is my understanding that the city of Muskegon is considering selling 720 Leonard St. for a sale price
(231)724-6442
FAX (231)724-6840 of $224,500 & the seller to contribute $5,000 towards buyers closing costs, discount points and
prepaids to help cover the closing costs for the buyer.
Income Tax
(231)724-6770
FAX (231)724-6768 I Jay Kilgo City Commissioner Wrote this Purchase agreement for one of my Clients who is looking to
Mayor’s Office buy this property. As you are aware I am a licensed Real Estate Broker in the state of Michigan, and I
(231)724-6701 love helping new homeowners here in the city. My client qualifies for the income requirements for the
FAX (231)722-1214
infill housing here in the city, and she identified these homes in Jackson Hill to attempt to purchase. I
Planning/Zoning hope that the city can approve the sale to this client for this property.
(231)724-6702
FAX (231)724-6790
Police Department
If you have any questions, please feel free to contact me.
(231)724-6750
FAX (231)722-5140
Very truly yours,
Public Works
(231)724-4100
FAX (231)722-4188 Jay Kilgo
SafeBuilt City Commissioner Ward 1
(Inspections)
(231)724-6715
FAX (231)728-4371
Treasurer
(231)724-6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
(231)724-4106
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
https://muskegon-mi.gov
Page 165 of 165