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CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 7, 2022 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS, AWARDS, AND PRESENTATIONS:
A. Presentation on Regional Transit Authority by Muskegon County
□ PUBLIC COMMENT ON AGENDA ITEMS:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Arena Lease – Carlisle’s Arena Director
C. Amendment to Marihuana Overlay District – Drive Thrus/Signs Planning
D. Landscaping RFP Public Works
E. MDEGLE High Water Infrastructure Grant Public Works
F. Roberts Street MDOT Agreement Public Works
G. Trash Compactors Public Works/Parks
H. LRS ARP Updated Construction Agreement Development Services
I. LRS PRI Act 99 Installment Purchase Agreement Development Services
J. Sale of 1527 Hoyt Street City Manager
□ PUBLIC HEARINGS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
□ ANY OTHER BUSINESS:
Page 1 of 2
A. Sale of 206 Irwin Avenue City Manager
B. Sale of 291 McLaughlin City Manager
□ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Page 2 of 2
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 7, 2022 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the October 10, 2022 Worksession and October 11,
2022 Regular Meeting.
Detailed Summary: N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the minutes.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
Monday, October 10, 2022
5:30 p.m.
City Commission Chambers
933 Terrace Street, Muskegon, MI 49440
MINUTES
2022-89
Present: Mayor Johnson, Vice Mayor German, Commissioners Gorman, St.Clair, and
Emory
Absent: Commissioners Hood and Ramsey
Transportation Asset Management Plan
Public Act 325 of 2018 began a process which requires all road maintaining
agencies with at least 100 centerline miles to prepare and have on file with the state
a Transportation Asset Management Plan (TAMP) that is updated every three years.
To that end, and recognizing the value of asset management principles applied to
City infrastructure, the Commission authorized Prein & Newhof to create a plan for
the City at the May 24, 2022 meeting.
As defined by the act, asset management is “an ongoing process of maintaining,
preserving, upgrading, and operating physical assets cost effectively, based on a
continuous physical inventory and condition assessment and investment to achieve
established performance goals.” In more practical terms the plan provides a
detailed inventory of roads, bridges, culverts and traffic signals in the City, sets goals
for maintaining the overall condition of the City’s transportation infrastructure, and
makes recommendations on how to achieve the goals in the context of the funds
expected to be available.
Staff will present the plan that is required to be submitted to the State, discuss it’s
benefits and recommendations, and outline the process going forward that will allow
staff, in consultation with Prein & Newhof, to develop a more comprehensive Capital
Improvement Plan that takes into account all of the City’s major infrastructure asset
categories (water, sewer, drainage and roadways).
Dan VanderHeide, Deputy Director of the Department of Public Works, provided
background of why we need a Transportation Asset Management Plan and introduced
Barb Marczak, Team Leader for the Prein & Newhof Muskegon office. She has
addressed the commission in the past, talking about Asset Management. Barbara and
Connie, another team lead for Prein & Newhof, presented an overview of the
Transportation Asset Management Plan that will be on the agenda for consideration on
October 11, 2022.
Storm Water Management Ordinance
The City has used the Muskegon County Drain Commissioner’s Office for storm water
management reviews of new development since about October of 2016. In 2021 the
City began the process of taking back management of our own storm water reviews to
increase quality and control over the process and to speed review times. Staff has
been working with ENG. Inc. to prepare a new storm water ordinance that will allow the
City to formally take back control of storm water management with an ordinance and
other documents in compliance with our state permitting requirements and EGLE
procedures. The City attorney has reviewed the ordinance.
The new ordinance will be presented for review, together with the far more in-depth
storm water procedures manual that governs how the ordinance is enforced. Both
documents will require review by the state, however in a quirk of procedure the state
will not review or approve the documents until adopted. Given the similarity of these
documents and rules to those of other Muskegon County governments and similar
governments throughout the state, staff and the consultant anticipate minimal
comments from the state, if any.
Developers will see little change to the process, as the new ordinance and rules are
designed very similar to the County standards we now use, and reviews will continue to
be performed by ENG. Inc., the same consultant that performs reviews for the County.
What changes do occur are anticipated to be positive to both the City and developers,
with the goal of increasing service and practicality of application.
Dan VanderHeide, Deputy Director of the Department of Public Works, presented
information on a proposed Storm Water Management Ordinance. Ryan, a
representative from ENG, Inc., the same consultant that performs review for the County,
was also present and provided an explanation of the role of ENG, Inc. in the City of
Muskegon.
Discussion took place and the Storm Water Management Ordinance will appear on the
agenda for the October 25, 2022 meeting.
Special Events Policy Changes
Staff is seeking guidance on potential changes to the special event policy and fee
waivers. Jacqui Erny, DPW Clerical Supervisor, presented information about events
that have taken place this past year and provided information about feedback that
has been received regarding some events logistics. Some proposed changes to the
fee waiver process are being presented.
Discussion took place regarding the proposed changes to the Special Events Policy
and this item will appear on the agenda for the October 25, 2022 meeting.
Marihuana Ordinance/Muskegon Social Equity Program
The Planning Commission and City Commission held a joint meeting on August 4
and discussed a variety of marihuana issues related to zoning. Please see the
enclosed packet from that meeting, with notes from the meeting in red. Staff is also
requesting to amend the Muskegon Social Equity Program to allow all social equity
applicants to be considered, not just those with a prior arrest. Staff would also like to
clarify how many grants an applicant may be awarded.
To qualify as a State of Michigan social equity recipient, an individual must meet one
of the following qualifying criteria:
1. Residency in a disproportionately impacted community for at least five
cumulative years.
2. Misdemeanor or felony conviction of a marihuana related offense.
3. Registration as a primary caregiver under the Michigan Marihuana Act for at least
two years between 2008 and 2017.
Mike Franzak, Planning Manager, presented information regarding the Muskegon Social
Equity Program and is seeking to expand access to grant funds for social equity
applicants as indicated above.
Discussion took place and this item will appear on the agenda for a regular meeting at a
later date.
Pere Marquette Parking & Boardwalk Improvements
Leo Evans, Director of Department of Public Works, presented a brief update on the
plans that are just getting developed in regards to the options for expanded parking and
boardwalk improvements within Pere Marquette Park.
Commission approved engineering for this project back in January of 2022 and
requested that staff undertake additional negotiations with the engineer to further
refine the project scope. That additional negotiation was not finalized until late April.
Survey was conducted in July and the preliminary design concepts were developed
in August/September.
Director Evans presented the preliminary designs and talked through a few of the
details about the project to provide the public and Commission and update on the
project.
Discussion regarding the project took place, the Department of Public Works will
continue to move forward and inform the commission as appropriate.
Parks and Rec Reorganization
LeighAnn Mieksell, Interim City Manager, is seeking input on a plan for the new Parks
and Recreation Department.
A team consisting of all four division heads, the clerk, and the parks supervisor have
been discussing how best to organize the new Parks and Recreation Department.
There are interim and future charts showing the proposal for the new department
and the changes to the City Clerk’s office.
Parks and Rec Interim: The new department head position reports to the Public
Works Director, and the new department will include three focus areas.
Recreational programming will include coordination with existing programs until a
new supervisor position can be funded. Special event coordination will fall under the
new department.
Parks and Rec Future: Once a new supervisor is hired and funding is available for
additional staff, the new department will include recreational programming,
neighborhood appearance, special event coordination, as well as city run events.
City Clerk Interim: There are no changes proposed to this department in the interim.
City Clerk Future: Once staff are added to the Parks and Recreation Department,
city run events will be moved to the new department. At this time, the group agrees
that the Farmer’s Market and Western Market should be retained with the City Clerk
into the future.
The leadership team seeks input from the commission on this proposal. Leadership will
work together to determine details, phasing, and timing for implementation.
Discussion took place regarding the Reorganization and leadership staff will continue to
discuss and craft a transition plan.
Public Comment: Public comments were received.
Adjournment: The City of Muskegon Worksession meeting adjourned at 8:05 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 11, 2022 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, October 11, 2022,
a moment of silence was observed, after which the Commission and public
recited the Pledge of Allegiance to the Flag.
Present: Mayor Ken Johnson, Vice Mayor Willie German, Jr., Commissioners
Teresa Emory, Rebecca St.Clair, Rachel Gorman, Michael Ramsey, and Eric
Hood, Interim City Manager LeighAnn Mikesell, City Attorney John Schrier, and
City Clerk Ann Meisch.
Absent: Vice Mayor Willie German, Jr.
PUBLIC COMMENT ON AGENDA ITEMS: No public comments were received.
2022-89 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the September 12, 2022
Work Session and September 13, 2022 Regular Meeting.
STAFF RECOMMENDATION: To approve the minutes
B. MERS – Police Command DB Pension Multiplier Finance
SUMMARY OF REQUEST: The City seeks to reduce the Police Command Defined
Benefit multiplier from 3.0% to 2.67% per the Union Contract effective December
31, 2022.
The Finance Department wants permission to sign a Defined Benefit Plan
Adoption Agreement to reduce the multiplier for Police Command as
follows:
An employee who was hired before July 28, 2006 and became member of
the Police Command unit between January 1, 2019 and December 31, 2022
shall receive a retirement benefit as determined by the Police Officer’s Labor
Council contract with the City of Muskegon the following.
Page 1 of 6
An employee who retires on or after December 31, 2022 shall receive a
bridged benefit as follows:
a) A pensions multiplier of 3.0% for service prior to December 31, 2022
times the employee’s “frozen final average compensation”.
b) A pension multiplier of 2.67% for service on or after December 31, 2022
times the employee’s “termination final average compensation”.
The total pension shall not exceed 80% of the “termination final average
compensation”.
STAFF RECOMMENDATION: To reduce Defined Benefit pension multiplier from
3.0% to 2.67% for the Police Command Unit.
C. Transportation Asset Management Plan Public Works
SUMMARY OF REQUEST: Public Act 325 of 2018 began a process which
requires all road maintaining agencies with at least 100 centerline miles to
prepare and have on file with the state a Transportation Asset Management
Plan (TAMP) that is updated every three years. To that end, and recognizing
the value of asset management principles applied to City infrastructure, the
Commission authorized Prein & Newhof to create a plan for the City at the
May 24, 2022 meeting.
As defined by the act, asset management is “an ongoing process of
maintaining, preserving, upgrading, and operating physical assets cost
effectively, based on a continuous physical inventory and condition
assessment and investment to achieve established performance goals.” In
more practical terms the plan provides a detailed inventory of roads,
bridges, culverts and traffic signals in the City, sets goals for maintaining the
overall condition of the City’s transportation infrastructure, and makes
recommendations on how to achieve the goals in the context of the funds
expected to be available.
As a part of the obligations to the state, the Commission must certify the plan,
including a resolution designating the mayor and chief financial officer (Finance
Director) as the City’s authorized signers.
STAFF RECOMMENDATION: To adopt a resolution authorizing the mayor and
Finance Director to certify to the state that the City has a Transportation Asset
Management Plan, and to adopt the plan.
F. Rezoning 398 Catawba Avenue Planning
SUMMARY OF REQUEST: Request to rezone the property at 398 Catawba Ave
from R-3, Single Family High Density Residential to B-4, General Business, by
Gordon Painting and Pressure Washing, LLC.
The Planning Commission recommended approval of the rezoning by a 7-0
vote.
Page 2 of 6
STAFF RECOMMENDATION: To rezone the property at 398 Catawba Ave from
R-3, Single Family High Density Residential to B-4, General Business.
2nd READING REQUIRED
H. Ten Month Extension to Complete Construction of Home at 1210 Morgan
Avenue Planning
SUMMARY OF REQUEST: The City Commission approved the vacant lot sale of
1210 Morgan Ave. to Mr. Edward Pierce Jr. at their May 11, 2021, meeting. Mr.
Pierce was given 18 months to construct a single-family home on the property
starting from the closing date of July 7, 2021. Mr. Pierce is asking for an extension
from the January 7, 2023, deadline due to scheduling issues with a contractor for
the construction. Mr. Pierce stated that he will be trying to find another
contractor and is asking for an extension until November 30, 2023.
STAFF RECOMMENDATION: Staff recommends approval of the time
extension, as well as authorization for both the City Mayor and Clerk to sign the
resolution.
Motion by Commissioner Ramsey, second by Commissioner Emory, to accept
the consent agenda as presented, minus items D, E, and G.
ROLL VOTE: Ayes: Ramsey, Gorman, Emory, St.Clair, Johnson, and Hood
Nays: None
MOTION PASSES
2022-90 REMOVED FROM CONSENT AGENDA:
D. Combination Sewer Truck Public Works
SUMMARY OF REQUEST: The equipment division is seeking approval to
purchase one (900 ECO) Combination Sewer Truck from Fredrickson Supply
within the Sourcewell Contract in the amount of $565,555.00.
Currently we have two combination sewer trucks that are each approaching
15 years of age and are due for replacement. The existing trucks require
extensive upkeep and maintenance and have surpassed their useful life. In
the future we are looking to shorten the length of use for this piece of
equipment and only maintain one active combination sewer truck in our
fleet but cycle it through for replacement on a more frequent basis to lessen
the maintenance costs and increase operational efficiencies.
Delivery of the truck and payments are estimated at least 1 year out from
date of order.
Staff originally budgeted to finance this vehicle over 5-years with the first
payment amount shown in the 22/23 budget. Given the rapid increase in
interest rates staff plans to re-evaluate the available financing mechanisms
to best make this purchase. As noted below the first payments will not be
Page 3 of 6
due until next fiscal year which allows us additional time to research those
options.
AMOUNT REQUESTED: $565,555 (23/24) AMOUNT BUDGETED: $107,000 (22/23)
FUND OR ACCOUNT: 661-563-971
STAFF RECOMMENDATION: Authorize the purchase of a new 900 ECO
Combination Sewer Truck from Fredrickson Supply in the amount of
$565,555.00
Motion by Commissioner Emory, second by Commissioner St. Clair, to authorize
the purchase of a new 900 ECO Combination Sewer Truck from Fredrickson
Supply in the amount of $565,555.00
ROLL VOTE: Ayes: Gorman, Emory, St.Clair, Johnson, Hood, and Ramsey
Nays: None
MOTION PASSES
E. Parks Donation Policy DPW/Parks
SUMMARY OF REQUEST: Staff previously presented a new policy related to
donations made towards the City Parks at the August Work Session meeting.
Staff has made noted revisions to the document and returns it for further
discussion and/or adoption. Major revisions made are as follows:
• Added language to the “Donation Cost” section that allowed for City
to partner on specific projects at the discretion of the Parks and
Recreation Director when those projects are deemed to be in
extensive mutual interest to both the donor and the City Park system.
Intended to provide a mechanism for shared cost on select donation
items when appropriate.
• Added language to the “Donation Term” section that encouraged
donors to partner with the CFFMC on donations that are intended to
exist in perpetuity.
Added language to the “Donation Term” section to define an Act of God.
STAFF RECOMMENDATION: To approve the Donation Policy for City Parks
Motion by Commissioner Emory, second by Commissioner St. Clair, to approve
the Donation Policy for City Parks with Type 1 donation requests that are
approved for locations within the Beachwood Bluffton neighborhood parks to be
charged double the actual cost as outlined in the policy, the additional
proceeds generated will be used to provide matching amenities to parks in
other areas of the city that have not traditionally received as high of demand for
donations.
Page 4 of 6
ROLL VOTE: Ayes: Gorman, Emory, St.Clair, Johnson, Hood, and Ramsey
Nays: None
MOTION PASSES
G. Firefighting Turnout Set Public Safety/Fire
SUMMARY OF REQUEST: The Fire Department is seeking approval to
purchase ten (10) sets of firefighting turnout gear. Each set is comprised of a
coat and pants with suspenders. The current sets are worn and contain PFAS
materials that are harmful to firefighters. The waterproofing materials in
firefighting turnouts were found to contain PFAS. The vendor allowed us the
same price break the City of Grand Rapids received for their recent
purchase if turnout gear.
AMOUNT REQUESTED: $29,650 AMOUNT BUDGETED: $30,000
FUND OR ACCOUNT: 101-901-982-092114
STAFF RECOMMENDATION: To approve staff to purchase ten sets of
firefighting turnout gear from MES of Sanford Michigan.
Motion by Commissioner Ramsey, second by Commissioner Hood, to approve
staff to purchase ten sets of firefighting turnout ear from MES of Sanford,
Michigan.
ROLL VOTE: Ayes: Emory, St.Clair, Johnson, Hood, Ramsey, and Gorman
Nays: None
MOTION PASSES
2022-91 NEW BUSINESS:
A. Ordinance Amendment – Reduced Housing Unit Size Minimums
Planning
SUMMARY OF REQUEST: Staff-initiated request to amend section 2319 of the
zoning ordinance to reduce the minimum size requirements for single-family
houses, rowhomes, duplexes and small multiplexes (up to 6 units) from 850 sf of
floor area to 550 sf (total) and to also change the minimum size requirements for
large multiplexes (6 units and above), mixed-use buildings and accessory
dwelling units from 650 sf of floor area to 375 sf (total).
A motion to recommend approval of the original request failed by a 2-3 vote
at the August 11 Planning Commission meeting. At the august 23 City
Commission meeting, staff requested to remove the item from the agenda in
order to make some changes to the proposal and bring back to Planning
Commission. The proposal was amended and brought back to the Planning
Commission at their September 15 meeting, where they recommended
approval of the new amendments by a 6-1 vote.
Page 5 of 6
The changes to the original amendment include requiring an additional 100 sf
for each additional bedroom; additional language stating that all units located
in single-family residential districts must comply with Section 400 of the zoning
ordinance, which will prevent single-family houses from being split into
additional units. It should also be noted that the current minimum housing size is
measured by “floor area,” which is defined by the zoning ordinance as “the
area in a dwelling unit included in the determination of occupancy restrictions.
It includes the sum of floor areas of bedrooms, and common living areas. The
floor area of storage areas and closet, basements without a second egress,
attached garages, breezeways, and enclosed and unenclosed porches shall
be excluded.” Staff is proposing to no longer use this method in determining the
minimum size, but rather by measuring from the outside wall of the unit.
STAFF RECOMMENDATION: To approve the request to amend section 2319 of
the zoning ordinance to reduce the minimum size requirements for single-
family houses, rowhomes, duplexes and small multiplexes (up to 6 units) from
850 sf of floor area to 550 sf (total) and to also change the minimum size
requirements for large multiplexes (6 units and above), mixed-use buildings
and accessory dwelling units from 650 sf of floor area to 375 sf (total).
Motion by Commissioner Ramsey, second by Commissioner Hood, to approve
the request to amend section 2319 of the zoning ordinance to reduce the
minimum size requirements for single-family houses, rowhomes, duplexes and
small multiplexes (up to 6 units) from 850 sf of floor area to 550 sf (total) and to
also change the minimum size requirements for large multiplexes (6 units and
above), mixed-use buildings and accessory dwelling units from 650 sf of floor
area to 375 sf (total).
ROLL VOTE: Ayes: St.Clair, Johnson, Hood, Ramsey, Gorman, and Emory
Nays: None
MOTION PASSES
2ND READING REQUIRED
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public Comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 6:27 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
Page 6 of 6
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 7, 2022 Title: Arena Lease – Carlisle’s
Submitted By: Jake Laime Department: Arena Director
Brief Summary: Seeking approval of the amended lease with Carlisle’s at the Trinity Health Arena.
Detailed Summary & Background:
Amendment of Section 6 of the Agreement for Management of a Portion of a Licensed Premises
Pursuant to Participating Agreement.
To reflect the following:
Construction costs paid by Carlisle and/or reimbursed to the City of Muskegon in the amount of
$439,219.91, will result in a use credit to Carlisle at the rate of $7.00 per month for each $1,000 of
construction costs incurred together with interest on the unreimbursed construction costs calculated
at the rate of 5% per annum. Any unused credit for the month shall roll over and be added to the
total available use credit in subsequent months. These credits shall continue monthly for the term
of this Agreement and any extensions thereof to and until such time as the use credit is fully utilized
and amortized.
In the original agreement the construction cost was $650,000.00. However, we are reducing the
credit costs by $210,780.09 due to construction overages by Carlisle’s. Allowing Carlisle’s to utilize
to credit saves the City $279,259.64 in accrued interest thru 2040.
Goal/Focus Area/Action Item Addressed:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): 254 Fund(s) or Account(s):
Recommended Motion: Approve the lease and authorize the Authorize the Mayor and Clerk to sign.
Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
Legal Review
For City Clerk Use Only:
Commission Action:
Amended & Restated Agreement for Management of a Portion of
a Licensed Premises Pursuant to Participating Agreement
This Amendment is made effective as of October _____, 2022 between the
City of Muskegon
a Michigan municipal corporation
933 Terrace St.
Muskegon, MI 49440
(hereinafter "City of Muskegon"), and
Carlisle's Goods & Leisure, LLC
a Michigan limited liability
company 14716 Leonard Rd.
Spring Lake, MI 49456
(hereinafter "Carlisle")
RECITALS
A. The City of Muskegon owns the Mercy Health Arena located at 470 W. Western
Avenue, Muskegon, Michigan 49440 (“Arena”). The City of Muskegon is
responsible for operation, maintenance, and improvements for the Arena.
B. The City of Muskegon has the authority to authorize use of portions of the Arena
on an exclusive and non-exclusive basis.
C. The City of Muskegon has applied for a Class C liquor license and related permits
issued by the Michigan. Liquor Control Commission ("MLCC") for providing a
restaurant, concessions, bar, and bar service throughout the Arena (collectively
the "License").
D. The City of Muskegon proposes entering into a Participating Agreement with
Carlisle pursuant to Rule 436.1401 to permit the limited use of the license, subject
to and only upon the approval of the MLCC, upon the terms and conditions of this
Agreement.
E. In connection with this Agreement, the City of Muskegon is willing to grant to
Carlisle, and Carlisle desires to receive from the City of Muskegon, the exclusive
right to use and manage that portion of the Arena to be known as the Carlisle Area
(See attached Exhibit A) for the operation of a certain restaurant and bar business
commonly known as the "Carlisle's Goods & Leisure", subject to and in accordance
with the terms and conditions of this Agreement.
1
In consideration of the premises and the mutual promises set forth herein, the parties
agree as follows:
1. CARLISLE PARTICIPATING AGREEMENT. Upon execution of this Agreement, the
parties agree to act in good faith and to utilize their best efforts to make application to
the MLCC for a Participating Agreement/Participation Permit Application pursuant to
Rule 436.1041. Carlisle will operate a full-service restaurant, bar and bar service within
the Carlisle Space as hereinafter defined. The parties acknowledge that this
Agreement is contingent upon and shall only become effective upon approval of the
MLCC of the Participating Agreement/Participation Permit Application.
2. DESCRIPTION OF CARLISLE SPACE. Carlisle will have the right to use and manage
the Carlisle Space and fixtures as follows:
a. The exclusive right to use and manage the Carlisle Space (depicted on the
attached Exhibit A) and the Outdoor Sidewalk Patio, and a non-exclusive right of
access for Carlisle's employees, patrons and suppliers to and from the Restaurant
Space across other portions of the Arena.
b. The limited nonexclusive right to use other areas in the Arena that would not
interfere with the management and operation of the Arena by the City of Muskegon,
excluding only the area identified as the "Rad Dad's Space" in the Agreement for
Management of a Portion of a Licensed Premises Pursuant to Participating Agreement
between the City of Muskegon and Rad Dad's, LLC (depicted on Exhibit B).
c. Notwithstanding the foregoing, during events held at the Arena when it is open to
the public, the term exclusive use shall be construed to allow patrons to enter and
leave the Carlisle Space and all areas of the Arena licensed by the MLCC.
3. TERM. This Agreement shall become effective upon execution with the contingencies
provided for herein. The initial term of this Agreement shall be for a period of five (5)
years commencing with the approval of the MLCC of the Participating
Agreement/Participation Permit Application with a term extension equal to the time from
such approval to the date a certificate of occupancy is issued by the City of Muskegon,
a license is issued by the Muskegon County Department of Health or the MLCC has
approved the licensed space identified on Exhibit A, whichever date is latest. The
monthly Use Payment shall commence on the first day of the month following such
approval. In addition, Carlisle shall have six additional five (5) year options. In the
absence of any other provision herein, Carlisle shall be provided written notice of any
default and afforded not less than sixty (60) days to cure the default. Provided that
Carlisle is not in material default of this Agreement at the time of expiration of the initial
term or any option term, Carlisle shall provide the City of Muskegon with written notice
of its intent to renew this Agreement in writing no later than sixty (60) days prior to the
expiration of the initial term and any renewal term provided, however, that said sixty
(60) days shall not begin to toll until sixty (60) days after the City of Muskegon has
provided Carlisle with written notice of the expiration of the initial term or any renewal
term.
2
4. CONSTRUCTION AND IMPROVEMENTS; USAGE. Upon approval by the MLCC of
the Participating Agreement, the City of Muskegon, at its sole cost and expense, will
undertake construction of Carlisle Space improvements substantially in accordance
with the plans, specifications, and costs identified and attached hereto as Exhibit B.
The City of Muskegon agrees to proceed in good faith and in a reasonable manner in
order to complete the work and obtain all regulatory approvals and signoffs within 60
days of this agreement provided that an additional term of 120 days will be allowed for
completion. Carlisle will repay the City of Muskegon the actual costs of the
improvements within 90 days following the completion of the construction and
issuance of approval of the License, whichever occurs later. Upon completion of the
construction, the City of Muskegon shall provide Carlisle with written confirmation of
the amounts expended by the City of Muskegon under this Section 4. The total Cost
of Improvements shall not exceed $650,000 unless mutually agreed upon by the
parties and, once repayment is made by Carlisle as set forth above, the amounts on
the amortization schedule (see the attached Exhibit C) shall be credited against the
Use Payments provided for in Paragraph 6.
Carlisle shall use and manage the Carlisle Space for purposes of operating a sports
bar and restaurant operation, including food and beverage service preparation
("Restaurant").
5. CARLISLE'S COMPENSATION. In consideration for the management and operation
of the Restaurant and the Carlisle Space, Carlisle shall retain 100% of the net profits
generated from the operation of the Restaurant, including the sale of alcoholic
beverages under the License, non-alcoholic beverages, food, merchandise, cover
charges, and other goods and services which would not constitute a violation of MLCC
rules. The term "net profits" as used in this Agreement shall mean all revenue derived
from the operation of the Restaurant less all expenses related to the operation of the
Restaurant. During the term of this Agreement, Carlisle will deliver to the City of
Muskegon at least 15 days before the end of each month an income statement
certified by an officer or manager of Carlisle setting forth its net profits of the prior
period. Carlisle grants to the City of Muskegon the right at all reasonable times to have
access to all books, accounts, records, and reports that may be kept by Carlisle
showing all financial information related to the operation of the Restaurant. If a review
discloses any discrepancy in the net profits, the parties shall mutually agree on a
Certified Public Accountant to review the financial statements and records of Carlisle
and determine the net profits. Such determination shall be binding on the parties.
6. MONTHLY USE PAYMENT. In consideration of this Agreement, Carlisle shall pay
monthly Use Payment to the City of Muskegon in an amount equal to $3,645.83
during the initial Term. Provided, each subsequent five-year renewal option
thereafter, the applicable monthly Use Payment will be adjusted as follows:
a. Option #1 $4,229.17
b. Option #2 $4,666.67
c. Option #3 $4,958.33
d. Option #4 $5,250.00
e. Option #5 $5,541.67
3
f. Option #6 $5,833.33
Construction costs paid by Carlisle and/or reimbursed to the City of Muskegon in the
amount of $439,219.91, will result in a use credit to Carlisle at the rate of $7.00 per
month for each $1,000 of construction costs incurred together with interest on the
unreimbursed construction costs calculated at the rate of 5% per annum. Any unused
credit for the month shall roll over and be added to the total available use credit in
subsequent months. These credits shall continue monthly for the term of this
Agreement and any extensions thereof to and until such time as the use credit is fully
utilized and amortized.
7. ADJUSTMENT OF MONTHLY USE PAYMENT. The monthly Use Payment shall be
adjusted upon the following events and upon the following terms:
i. Professional Hockey, Football, and Soccer Games. The amount of monthly use fee
shall periodically increase during months when there occur in the Arena USHL hockey,
professional football, and/or professional soccer games. The amount of such increase
shall be the sum of $500 per USHL hockey event day, $400 per professional football
event day, and $400 per professional soccer event day that takes place at the Arena
during a given month, and shall be paid with the payment of the following month's use
payment. For example, if during the term of this Agreement there are five hockey
events and two football events at the Arena during the month of January, Carlisle's
use fee for the month of February would be increased by $3,300 ($500 x five hockey
events ($2,500) + $400 x two football events ($800) = $3,300). Carlisle shall have no
further obligation to provide financial support or sponsorship to any event using the
Mercy Health Arena. If Carlisle can reasonably demonstrate that events held in the
Arena other than USHL hockey, professional football, and professional soccer,
negatively impact the gross sale of Carlisle, Carlisle shall not be obligated to pay a
temporary rent increase for any such other events.
ii. Suspension of Liquor License. In the event that the License issued by the MLCC
shall be suspended, Use Payments shall be suspended pro rata during such
suspension term.
8. CONTRIBUTION TO OVERHEAD AND MAINTENANCE. Carlisle shall also pay to
the City of Muskegon a contribution for overhead utilities not separately metered and
maintenance costs in an amount equal to $1,750 per month during the initial Term.
9. UTILITY COSTS. City shall pay all charges for gas, electricity, water, power,
telephone, cable television and internet service used, rendered or supplied upon or in
connection with the Carlisle Space. City shall have the discretion to set the level of
cable service provided within the Carlisle Space. Carlisle may request that the City
upgrade such services, with the additional associated costs added to Carlisle's
contribution to overhead and maintenance as outlined in Section 8 of this Agreement.
10. ASSIGNMENT. Carlisle shall not assign this Agreement without prior written consent
of the City of Muskegon and the MLCC. Such approval and consent shall not
4
unreasonably be withheld by the City of Muskegon and shall be subject to the rules
and regulations of the MLCC.
11. OBLIGATIONS OF THE CITY OF MUSKEGON. The City of Muskegon shall purchase
all alcoholic and food inventory to be used by the Restaurant. The City of Muskegon
shall furnish "janitorial services" for the exterior of the building and in lobby areas and
restrooms used by the public, exclusive of those areas used and managed by Carlisle.
The City of Muskegon agrees to maintain in satisfactory working order, all public ways
and structures of the Arena, including plate glass, roof, and outer walls and heating,
electrical and plumbing supply sites, air conditioning and hot water supply units. The
City of Muskegon agrees to allow use of its dumpsters by Carlisle, and the cost of
such service shall be shared between The City of Muskegon and Carlisle. The City of
Muskegon agrees to be responsible for any structural repairs, replacements or
changes in the Arena which affect the Carlisle Space for its intended purpose.
12. OBLIGATIONS OF CARLISLE. Carlisle shall reimburse the City of Muskegon for all
alcoholic and food inventory purchased by the City of Muskegon for the Restaurant
within 15 days of receipt of an invoice from the City of Muskegon. Carlisle agrees that
it will pay all expenses in connection with the use and management of the Carlisle
Space and fixtures, including, but not limited to, all rights and privileges granted,
including all taxes, permits, fees, license fees and assessments lawfully levied or
assessed upon Carlisle's personal property or upon its use of possession of the
Carlisle Space and fixtures. Except for the License, Carlisle agrees to secure all
permits and licenses required related to its use of the Carlisle Space, including any
other metered utility services provided to the Carlisle Space.
Carlisle agrees that it will at all times maintain the Carlisle Space and fixtures in a neat,
clean, safe, sanitary and orderly condition, and shall provide janitorial services with
respect thereto. Carlisle shall provide for the sanitary handling and disposal of trash
and other refuse from its operation in a manner satisfactory to the City of Muskegon.
Carlisle will make no structural changes or additions to the Carlisle Space without first
obtaining written approval from the City of Muskegon.
Carlisle agrees to provide and pay for any and all decorations to the Carlisle Space.
Carlisle shall provide the following services from the Carlisle Space at all times during
the term of this Agreement at its sole cost and expense:
a. Carlisle shall furnish, at its expense, all service equipment of every sort (such
as silverware, linen, glassware, crockery, utensils, pots and pans, and additional
equipment), which may be required for use in Carlisle's operation and which is not
already presently located in the Carlisle Space.
b. Carlisle shall undertake to comply with all MLCC rules and shall not allow
entertainment.
5
c. Carlisle shall cooperate with the City of Muskegon in securing all permits and
licenses required by any public agency, including the License issued by the MLCC in
connection with the operation of the Arena as a sports and entertainment venue.
d. Carlisle shall carry workers compensation insurance in the amounts required
by state law for all employees hired by Carlisle to work in the Carlisle Space.
13. ORDINANCES AND STATUTES. Carlisle shall comply with all statutes, ordinances,
and requirements of all municipal, state and federal authorities now in force or which
may be in force, pertaining to the premises, occasioned by or affecting the use there
of by Carlisle. The commencement or pendency of any state or federal court
abatement proceeding affecting the use of the Carlisle Space shall, at the option of
the City of Muskegon, be deemed a breach hereof. The City of Muskegon represents
and warrants that the Arena shall be in compliance with the Americans with
Disabilities Act, and its regulation, as of the commencement of this Agreement.
14. MAINTENANCE, REPAIRS, ALTERATIONS. Carlisle shall, at its expense and at all
times, maintain the Carlisle Space in good and safe condition, including plate glass,
electrical wiring, plumbing and heating installations. Carlisle shall also maintain in
good condition such portions adjacent to the Arena within the Carlisle Space, such
as sidewalks, driveways, lawns, and shrubbery.
15. ENTRY AND INSPECTION. Carlisle shall permit the City of Muskegon or the City of
Muskegon's agents to enter upon the Carlisle Space at reasonable times for the
purpose of performing maintenance and making repairs and replacement in any case
where the City of Muskegon is obligated, and in any other case where the City of
Muskegon determined that it was necessary to do so in order to preserve the
structural safety of the Carlisle Space to correct any condition likely to cause injuries
or damages to persons or property.
16. DAMAGE OR DESTRUCTION OF PREMISES. If by reason of any cause the Carlisle
Space is damaged to such an extent that the Carlisle Space is unusable in whole or
in substantial part, then:
a. If the repairs and rebuilding necessary to restore the Carlisle Space to its
condition prior to the occurrence or the damage can be in the reasonable judgment
of Carlisle be completed within ninety (90) days from the date on which the damage
occurred, Carlisle shall so notify the City of Muskegon in writing and shall proceed
promptly with such repairs and rebuilding, and in such event the use of said premises
shall be abated for the period from the date of the occurrence of such damage to the
date upon which such repairs and rebuilding are completed; and
b. If such repairs and rebuilding cannot, in the reasonable judgment of Carlisle,
be completed within ninety (90) days, the City of Muskegon and Carlisle can mutually
agree either to:
• Have Carlisle proceed promptly with said repairs and rebuilding, in which
event the said use shall be abated; or
• To terminate this Agreement.
6
17. RISK OF LOSS, During the term of this lease, and any extension or renewal thereof,
the risk of loss with respect to all risks insurable under a fire and extended coverage
insurance policy meeting the requirements of the laws of the State of Michigan,
together with the risk of loss with respect to all uninsurable losses to the premises
which are subject to the control or prevention by Carlisle, shall rest upon Carlisle.
18. SUBROGATION. Carlisle, its officers, agents, or employees shall not be liable for
damage to the Leased Premises or for interruption of rent resulting from any of the
perils covered by fire and extended coverage insurance, or which would be covered if
such insurance were in force, and the City of Muskegon agrees not to sue for such
damage and that every applicable policy of insurance will contain or be endorsed with
the standard waiver of subrogation clause. The City of Muskegon shall not be liable
for damage to the property or business of Carlisle in or on the Carlisle Space resulting
from any of the perils covered if such insurance were in force, and Carlisle agrees not
to sue for such damage and that every applicable policy of insurance will contain or
be endorsed with the standard waiver of subrogation clause.
19. INSURANCE. Carlisle, at its expense, shall maintain general liability insurance
insuring the City of Muskegon and Carlisle with minimum coverage as follows:
$1,000,000.00. Carlisle shall provide the City of Muskegon with a Certificate of
Insurance showing the City of Muskegon and CFMC as additional insureds. The
Certificate shall provide for a thirty (30) day written notice to the City of Muskegon
and CFMC in the event of cancellation or material change of coverage. To the
maximum extent permitted by insurance policies, which may be owned by the City of
Muskegon or Carlisle, Carlisle and the City of Muskegon, for the benefit of each other,
waive any and all rights of subrogation, which might otherwise exist. The City of
Muskegon agrees to notify Carlisle in writing as soon as practicable of any claim,
demand or action arising out of an occurrence covered, and to cooperate with Carlisle
in the investigation and defense of such claim. Carlisle and the City of Muskegon
agree that each insurance policy shall provide for a minimum of thirty (30) days written
notice of cancellation to the City of Muskegon. Carlisle shall also be responsible for
a portion of the cost of the liquor liability insurance purchased by the City of Muskegon
for the Arena. Carlisle agrees that the amount of the liquor liability premium equal to
the percent that Carlisle's alcohol sales bear to total sales under the License during
the measured period of time shall be added to the monthly Use Payment on an
estimated prorated basis, with any necessary adjustments being made within 30 days
after the end of a calendar quarter.
20. SIGNS. The City of Muskegon and Carlisle shall cooperate to secure maximum
signage area for Carlisle which shall be reasonable commensurate with its exclusive
space. All signage shall be in conformance with applicable laws and statutes and
Carlisle shall not construct the signage without the prior written consent of the City of
Muskegon which consent shall not unreasonably be withheld or delayed.
21. ABANDONMENT OF CARLISLE SPACE. If Carlisle shall abandon or vacate the
Carlisle Space, or be dispossessed by process of law, or otherwise, the City of
Muskegon shall have the right to declare this Agreement is terminated. In such event,
any personal property belonging to Carlisle left within the Carlisle Space shall be
7
deemed to be abandoned, and the City of Muskegon shall be permitted to dispose of
such personal property as it deems appropriate.
22. INSOLVENCY. In the event that a receiver shall be appointed to take over the
Carlisle's business, and such receivership is not dismissed within sixty (60) days or in
the event that the Carlisle shall make a general assignment for the benefit of creditors,
or Carlisle shall take or suffer any action under any insolvency or bankruptcy act, the
same shall constitute breach of this Agreement by Carlisle.
23. TERMINATION OF AGREEMENT. Subject to the provisions in Paragraph 25, The
City of Muskegon, at its option, may declare this Agreement terminated in its entirety
upon the happening of any one or more of the following events:
a. If the any expenses, fees, charges, and/or other money payments for which
Carlisle is financially responsible, shall be unpaid thirty (30) days from the date that
they become due;
b. If Carlisle abandons the Carlisle Space for a period of thirty (30) days at any
one time, except when such abandonment and cessation is due to fire, earthquake,
governmental action, default of the City of Muskegon, or other cause beyond it
control;
c. If Carlisle shall use or permit the use of the Carlisle Space at any time for any
purpose for which the use was not authorized by this Agreement or by a subsequent
written agreement between the parties after written notice and opportunity to cure;
and
d. If Carlisle shall use or permit the use of the Carlisle Space in violation of any
law, rule or regulation to which Carlisle had agreed in this Agreement to conform after
written notice and opportunity to cure.
24. REMEDIES OF OWNER ON DEFAULT. In the event of any material breach of
this Agreement by Carlisle, the City of Muskegon may, at its option, terminate this
Agreement and recover from Carlisle: (a) the worth at the time of award of the unpaid
monthly Use Payment which would have been earned at the time of termination; (b)
the worth at the time of award of the amount by which the unpaid monthly Use
Payment which would have been earned after termination until the time of the award
exceeds the amount of such loss of use that the Carlisle proves could have been
reasonably avoided; (c) the worth at the time of award of the amount by which the
unpaid monthly Use Payment for the balance of the term after the time of award
exceeds the amount of such loss of use that Carlisle proves could be reasonably
avoided.
The City of Muskegon may, in the alternative, continue this Agreement in effect, as
long as the City of Muskegon does not terminate Carlisle's right to use and
management, and the City of Muskegon may enforce all his rights and remedies
under this Agreement, including the right to recover the monthly Use Payment under
this Agreement, if said breach continues, the City of Muskegon may at any time
8
thereafter, elect to terminate this Agreement. Nothing contained herein shall be
deemed to limit any other rights or remedies which the City of Muskegon may have.
25. RIGHT TO CURE. In addition to the rights herein before set forth, Carlisle shall have
the right to contest any allegation of material breach in the appropriate court in
Muskegon County, Michigan. In the event of an adjudication of a material default of
this agreement by such court, the relief shall provide that Carlisle shall have 30 days
from the date of such adjudication to cure the default.
26. RESERVATION OF RIGHTS BY THE. CITY OF MUSKEGON.
a. The City of Muskegon reserves the right to further develop or improve the
Arena as it sees fits, regardless of the desires or view of Carlisle.
b. The City of Muskegon reserves the right to adopt, from time to time,
reasonable rules and regulations for the operation of the Arena which are not
inconsistent with the provisions of this Agreement. Carlisle and its agents,
employees, invitees, and licenses shall comply with all those rules and regulations.
27. SURRENDER AND HOLDING OVER. Carlisle agrees that at the expiration or
termination of this Agreement, it will quit and surrender the Carlisle Space in good
state and condition, reasonable wear and tear excepted, and also excepting
damage arising from acts, events or conditions beyond the control of Carlisle, and
that Carlisle shall forthwith remove all equipment trade fixtures and personal
property belonging to it. Carlisle shall give the City of Muskegon the first right of
refusal to purchase any equipment or trade fixtures purchased by Carlisle. Carlisle
further agrees that all structures and improvements on the Carlisle Space and all
fixtures in Exhibit B are the property of the City of Muskegon, shall remain upon the
Carlisle Space, and shall be in good usable order and condition, with allowance for
reasonable wear and tear and damage by the elements, and also excepting damage
arising from acts, events and conditions beyond the control of Carlisle. The City of
Muskegon shall have the right upon such expiration or termination to enter upon
and take possession of such property.
28. GENERAL PROVISIONS.
a. Governing Law. This Agreement is executed in accordance with, shall be
governed by, and construed and interpreted in accordance with the laws of the State
of Michigan.
b. Entire Agreement. This Agreement shall constitute the entire agreement, and
shall supersede any other agreements, written or oral, and any contemporaneous or
prior negotiations and representations that may have been made or entered into, by
and between the parties with respect to the subject matter of this Agreement and shall
not be modified or amended except in a subsequent writing signed by the party against
whom enforcement is sought.
9
c. Binding Effect. This Agreement shall be binding upon, and inure to the benefit
of and be enforceable by, the parties and their respective legal representatives,
permitted successors and assigns.
d. 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.
e. Full Execution. This Agreement requires the signature of both 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.
f. Non-Waiver. No waiver by any party of any provision of this Agreement shall
constitute a waiver by such party of such provision on any other occasion or a waiver
by such party of any other provision of this Agreement.
g. 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.
h. 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 prior written approval of the other
party, which approval may not be unreasonably withheld.
i. Venue. 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 venue.
j. Terms. Nouns and pronouns will be deemed to refer to the masculine,
feminine, neuter, singular and plural, as the identity of the person or persons, firm or
corporation may in the context require.
k. Fax Signatures. The parties have agreed that fax copies of the signed
Agreement shall constitute a valid, enforceable agreement. Each party will mail
originals to the respective party upon their execution of this Agreement.
l. Notices. Any notice which either party may or is required to give, shall be
given by mailing the same, postage prepaid, to Carlisle at' the address shown above,
or the City of Muskegon at the address shown above, or at other such places as may
be designated by the parties from time to time. Notice shall be sent by regular first-
class mail or by registered or certified mail, return receipt requested.
10
Signature Page to the Amendment to Agreement for Management of a
Portion of a Licensed Premises Pursuant to Participating Agreement
Effective Date October ____, 2022
THE CITY OF MUSKEGON –
By: _________________________
Name: Ken Johnson
Title: Mayor
Date: ____________________, 2022
By: _________________________
Name: Ann Meisch
Title: Clerk
Date: ____________________, 2022
CARLISLE’S GOODS & LEISURE, LLC –
By: _________________________
Name: _________________________
Title: Manager
Date: ____________________, 2022
11
Exhibit A
Carlisle Space
(attached)
12
Exhibit B
Carlisle Plans, Specifications, and Fixtures
(attached)
13
Exhibit C
Amortization Schedule
Compound Period: Monthly
Nominal Annual Rate: 5.000 %
CASH FLOW DATA
Event Date Amount Number Period End Date
1 Loan 10/01/2022 439,219.91 1
2 Payment 11/01/2022 3,074.53 216 Monthly 10/01/2040
3 Payment 11/01/2040 4,675.85 1
AMORTIZATION SCHEDULE - Normal Amortization
Date Payment Interest Principal Balance
Loan 10/01/2022 439,219.91
1 11/01/2022 3,074.53 1,830.08 1,244.45 437,975.46
2 12/01/2022 3,074.53 1,824.90 1,249.63 436,725.83
2022 Totals 6,149.06 3,654.98 2,494.08
3 01/01/2023 3,074.53 1,819.69 1,254.84 435,470.99
4 02/01/2023 3,074.53 1,814.46 1,260.07 434,210.92
5 03/01/2023 3,074.53 1,809.21 1,265.32 432,945.60
6 04/01/2023 3,074.53 1,803.94 1,270.59 431,675.01
7 05/01/2023 3,074.53 1,798.65 1,275.88 430,399.13
8 06/01/2023 3,074.53 1,793.33 1,281.20 429,117.93
9 07/01/2023 3,074.53 1,787.99 1,286.54 427,831.39
10 08/01/2023 3,074.53 1,782.63 1,291.90 426,539.49
11 09/01/2023 3,074.53 1,777.25 1,297.28 425,242.21
12 10/01/2023 3,074.53 1,771.84 1,302.69 423,939.52
13 11/01/2023 3,074.53 1,766.41 1,308.12 422,631.40
14 12/01/2023 3,074.53 1,760.96 1,313.57 421,317.83
14
2023 Totals 36,894.36 21,486.36 15,408.00
15 01/01/2024 3,074.53 1,755.49 1,319.04 419,998.79
16 02/01/2024 3,074.53 1,749.99 1,324.54 418,674.25
17 03/01/2024 3,074.53 1,744.48 1,330.05 417,344.20
18 04/01/2024 3,074.53 1,738.93 1,335.60 416,008.60
19 05/01/2024 3,074.53 1,733.37 1,341.16 414,667.44
20 06/01/2024 3,074.53 1,727.78 1,346.75 413,320.69
21 07/01/2024 3,074.53 1,722.17 1,352.36 411,968.33
22 08/01/2024 3,074.53 1,716.53 1,358.00 410,610.33
23 09/01/2024 3,074.53 1,710.88 1,363.65 409,246.68
24 10/01/2024 3,074.53 1,705.19 1,369.34 407,877.34
25 11/01/2024 3,074.53 1,699.49 1,375.04 406,502.30
26 12/01/2024 3,074.53 1,693.76 1,380.77 405,121.53
2024 Totals 36,894.36 20,698.06 16,196.30
27 01/01/2025 3,074.53 1,688.01 1,386.52 403,735.01
28 02/01/2025 3,074.53 1,682.23 1,392.30 402,342.71
29 03/01/2025 3,074.53 1,676.43 1,398.10 400,944.61
30 04/01/2025 3,074.53 1,670.60 1,403.93 399,540.68
31 05/01/2025 3,074.53 1,664.75 1,409.78 398,130.90
32 06/01/2025 3,074.53 1,658.88 1,415.65 396,715.25
33 07/01/2025 3,074.53 1,652.98 1,421.55 395,293.70
34 08/01/2025 3,074.53 1,647.06 1,427.47 393,866.23
35 09/01/2025 3,074.53 1,641.11 1,433.42 392,432.81
36 10/01/2025 3,074.53 1,635.14 1,439.39 390,993.42
37 11/01/2025 3,074.53 1,629.14 1,445.39 389,548.03
38 12/01/2025 3,074.53 1,623.12 1,451.41 388,096.62
2025 Totals 36,894.36 19,869.45 17,024.91
39 01/01/2026 3,074.53 1,617.07 1,457.46 386,639.16
15
40 02/01/2026 3,074.53 1,611.00 1,463.53 385,175.63
41 03/01/2026 3,074.53 1,604.90 1,469.63 383,706.00
42 04/01/2026 3,074.53 1,598.78 1,475.75 382,230.25
43 05/01/2026 3,074.53 1,592.63 1,481.90 380,748.35
44 06/01/2026 3,074.53 1,586.45 1,488.08 379,260.27
45 07/01/2026 3,074.53 1,580.25 1,494.28 377,765.99
46 08/01/2026 3,074.53 1,574.02 1,500.51 376,265.48
47 09/01/2026 3,074.53 1,567.77 1,506.76 374,758.72
48 10/01/2026 3,074.53 1,561.49 1,513.04 373,245.68
49 11/01/2026 3,074.53 1,555.19 1,519.34 371,726.34
50 12/01/2026 3,074.53 1,548.86 1,525.67 370,200.67
2026 Totals 36,894.36 18,998.41 17,895.95
51 01/01/2027 3,074.53 1,542.50 1,532.03 368,668.64
52 02/01/2027 3,074.53 1,536.12 1,538.41 367,130.23
53 03/01/2027 3,074.53 1,529.71 1,544.82 365,585.41
54 04/01/2027 3,074.53 1,523.27 1,551.26 364,034.15
55 05/01/2027 3,074.53 1,516.81 1,557.72 362,476.43
56 06/01/2027 3,074.53 1,510.32 1,564.21 360,912.22
57 07/01/2027 3,074.53 1,503.80 1,570.73 359,341.49
58 08/01/2027 3,074.53 1,497.26 1,577.27 357,764.22
59 09/01/2027 3,074.53 1,490.68 1,583.85 356,180.37
60 10/01/2027 3,074.53 1,484.08 1,590.45 354,589.92
61 11/01/2027 3,074.53 1,477.46 1,597.07 352,992.85
62 12/01/2027 3,074.53 1,470.80 1,603.73 351,389.12
2027 Totals 36,894.36 18,082.81 18,811.55
63 01/01/2028 3,074.53 1,464.12 1,610.41 349,778.71
64 02/01/2028 3,074.53 1,457.41 1,617.12 348,161.59
65 03/01/2028 3,074.53 1,450.67 1,623.86 346,537.73
16
66 04/01/2028 3,074.53 1,443.91 1,630.62 344,907.11
67 05/01/2028 3,074.53 1,437.11 1,637.42 343,269.69
68 06/01/2028 3,074.53 1,430.29 1,644.24 341,625.45
69 07/01/2028 3,074.53 1,423.44 1,651.09 339,974.36
70 08/01/2028 3,074.53 1,416.56 1,657.97 338,316.39
71 09/01/2028 3,074.53 1,409.65 1,664.88 336,651.51
72 10/01/2028 3,074.53 1,402.71 1,671.82 334,979.69
73 11/01/2028 3,074.53 1,395.75 1,678.78 333,300.91
74 12/01/2028 3,074.53 1,388.75 1,685.78 331,615.13
2028 Totals 36,894.36 17,120.37 19,773.99
75 01/01/2029 3,074.53 1,381.73 1,692.80 329,922.33
76 02/01/2029 3,074.53 1,374.68 1,699.85 328,222.48
77 03/01/2029 3,074.53 1,367.59 1,706.94 326,515.54
78 04/01/2029 3,074.53 1,360.48 1,714.05 324,801.49
79 05/01/2029 3,074.53 1,353.34 1,721.19 323,080.30
80 06/01/2029 3,074.53 1,346.17 1,728.36 321,351.94
81 07/01/2029 3,074.53 1,338.97 1,735.56 319,616.38
82 08/01/2029 3,074.53 1,331.73 1,742.80 317,873.58
83 09/01/2029 3,074.53 1,324.47 1,750.06 316,123.52
84 10/01/2029 3,074.53 1,317.18 1,757.35 314,366.17
85 11/01/2029 3,074.53 1,309.86 1,764.67 312,601.50
86 12/01/2029 3,074.53 1,302.51 1,772.02 310,829.48
2029 Totals 36,894.36 16,108.71 20,785.65
87 01/01/2030 3,074.53 1,295.12 1,779.41 309,050.07
88 02/01/2030 3,074.53 1,287.71 1,786.82 307,263.25
89 03/01/2030 3,074.53 1,280.26 1,794.27 305,468.98
90 04/01/2030 3,074.53 1,272.79 1,801.74 303,667.24
91 05/01/2030 3,074.53 1,265.28 1,809.25 301,857.99
17
92 06/01/2030 3,074.53 1,257.74 1,816.79 300,041.20
93 07/01/2030 3,074.53 1,250.17 1,824.36 298,216.84
94 08/01/2030 3,074.53 1,242.57 1,831.96 296,384.88
95 09/01/2030 3,074.53 1,234.94 1,839.59 294,545.29
96 10/01/2030 3,074.53 1,227.27 1,847.26 292,698.03
97 11/01/2030 3,074.53 1,219.58 1,854.95 290,843.08
98 12/01/2030 3,074.53 1,211.85 1,862.68 288,980.40
2030 Totals 36,894.36 15,045.28 21,849.08
99 01/01/2031 3,074.53 1,204.09 1,870.44 287,109.96
100 02/01/2031 3,074.53 1,196.29 1,878.24 285,231.72
101 03/01/2031 3,074.53 1,188.47 1,886.06 283,345.66
102 04/01/2031 3,074.53 1,180.61 1,893.92 281,451.74
103 05/01/2031 3,074.53 1,172.72 1,901.81 279,549.93
104 06/01/2031 3,074.53 1,164.79 1,909.74 277,640.19
105 07/01/2031 3,074.53 1,156.83 1,917.70 275,722.49
106 08/01/2031 3,074.53 1,148.84 1,925.69 273,796.80
107 09/01/2031 3,074.53 1,140.82 1,933.71 271,863.09
108 10/01/2031 3,074.53 1,132.76 1,941.77 269,921.32
109 11/01/2031 3,074.53 1,124.67 1,949.86 267,971.46
110 12/01/2031 3,074.53 1,116.55 1,957.98 266,013.48
2031 Totals 36,894.36 13,927.44 22,966.92
111 01/01/2032 3,074.53 1,108.39 1,966.14 264,047.34
112 02/01/2032 3,074.53 1,100.20 1,974.33 262,073.01
113 03/01/2032 3,074.53 1,091.97 1,982.56 260,090.45
114 04/01/2032 3,074.53 1,083.71 1,990.82 258,099.63
115 05/01/2032 3,074.53 1,075.42 1,999.11 256,100.52
116 06/01/2032 3,074.53 1,067.09 2,007.44 254,093.08
117 07/01/2032 3,074.53 1,058.72 2,015.81 252,077.27
18
118 08/01/2032 3,074.53 1,050.32 2,024.21 250,053.06
119 09/01/2032 3,074.53 1,041.89 2,032.64 248,020.42
120 10/01/2032 3,074.53 1,033.42 2,041.11 245,979.31
121 11/01/2032 3,074.53 1,024.91 2,049.62 243,929.69
122 12/01/2032 3,074.53 1,016.37 2,058.16 241,871.53
2032 Totals 36,894.36 12,752.41 24,141.95
123 01/01/2033 3,074.53 1,007.80 2,066.73 239,804.80
124 02/01/2033 3,074.53 999.19 2,075.34 237,729.46
125 03/01/2033 3,074.53 990.54 2,083.99 235,645.47
126 04/01/2033 3,074.53 981.86 2,092.67 233,552.80
127 05/01/2033 3,074.53 973.14 2,101.39 231,451.41
128 06/01/2033 3,074.53 964.38 2,110.15 229,341.26
129 07/01/2033 3,074.53 955.59 2,118.94 227,222.32
130 08/01/2033 3,074.53 946.76 2,127.77 225,094.55
131 09/01/2033 3,074.53 937.89 2,136.64 222,957.91
132 10/01/2033 3,074.53 928.99 2,145.54 220,812.37
133 11/01/2033 3,074.53 920.05 2,154.48 218,657.89
134 12/01/2033 3,074.53 911.07 2,163.46 216,494.43
2033 Totals 36,894.36 11,517.26 25,377.10
135 01/01/2034 3,074.53 902.06 2,172.47 214,321.96
136 02/01/2034 3,074.53 893.01 2,181.52 212,140.44
137 03/01/2034 3,074.53 883.92 2,190.61 209,949.83
138 04/01/2034 3,074.53 874.79 2,199.74 207,750.09
139 05/01/2034 3,074.53 865.63 2,208.90 205,541.19
140 06/01/2034 3,074.53 856.42 2,218.11 203,323.08
141 07/01/2034 3,074.53 847.18 2,227.35 201,095.73
142 08/01/2034 3,074.53 837.90 2,236.63 198,859.10
143 09/01/2034 3,074.53 828.58 2,245.95 196,613.15
19
144 10/01/2034 3,074.53 819.22 2,255.31 194,357.84
145 11/01/2034 3,074.53 809.82 2,264.71 192,093.13
146 12/01/2034 3,074.53 800.39 2,274.14 189,818.99
2034 Totals 36,894.36 10,218.92 26,675.44
147 01/01/2035 3,074.53 790.91 2,283.62 187,535.37
148 02/01/2035 3,074.53 781.40 2,293.13 185,242.24
149 03/01/2035 3,074.53 771.84 2,302.69 182,939.55
150 04/01/2035 3,074.53 762.25 2,312.28 180,627.27
151 05/01/2035 3,074.53 752.61 2,321.92 178,305.35
152 06/01/2035 3,074.53 742.94 2,331.59 175,973.76
153 07/01/2035 3,074.53 733.22 2,341.31 173,632.45
154 08/01/2035 3,074.53 723.47 2,351.06 171,281.39
155 09/01/2035 3,074.53 713.67 2,360.86 168,920.53
156 10/01/2035 3,074.53 703.84 2,370.69 166,549.84
157 11/01/2035 3,074.53 693.96 2,380.57 164,169.27
158 12/01/2035 3,074.53 684.04 2,390.49 161,778.78
2035 Totals 36,894.36 8,854.15 28,040.21
159 01/01/2036 3,074.53 674.08 2,400.45 159,378.33
160 02/01/2036 3,074.53 664.08 2,410.45 156,967.88
161 03/01/2036 3,074.53 654.03 2,420.50 154,547.38
162 04/01/2036 3,074.53 643.95 2,430.58 152,116.80
163 05/01/2036 3,074.53 633.82 2,440.71 149,676.09
164 06/01/2036 3,074.53 623.65 2,450.88 147,225.21
165 07/01/2036 3,074.53 613.44 2,461.09 144,764.12
166 08/01/2036 3,074.53 603.18 2,471.35 142,292.77
167 09/01/2036 3,074.53 592.89 2,481.64 139,811.13
168 10/01/2036 3,074.53 582.55 2,491.98 137,319.15
169 11/01/2036 3,074.53 572.16 2,502.37 134,816.78
20
170 12/01/2036 3,074.53 561.74 2,512.79 132,303.99
2036 Totals 36,894.36 7,419.57 29,474.79
171 01/01/2037 3,074.53 551.27 2,523.26 129,780.73
172 02/01/2037 3,074.53 540.75 2,533.78 127,246.95
173 03/01/2037 3,074.53 530.20 2,544.33 124,702.62
174 04/01/2037 3,074.53 519.59 2,554.94 122,147.68
175 05/01/2037 3,074.53 508.95 2,565.58 119,582.10
176 06/01/2037 3,074.53 498.26 2,576.27 117,005.83
177 07/01/2037 3,074.53 487.52 2,587.01 114,418.82
178 08/01/2037 3,074.53 476.75 2,597.78 111,821.04
179 09/01/2037 3,074.53 465.92 2,608.61 109,212.43
180 10/01/2037 3,074.53 455.05 2,619.48 106,592.95
181 11/01/2037 3,074.53 444.14 2,630.39 103,962.56
182 12/01/2037 3,074.53 433.18 2,641.35 101,321.21
2037 Totals 36,894.36 5,911.58 30,982.78
183 01/01/2038 3,074.53 422.17 2,652.36 98,668.85
184 02/01/2038 3,074.53 411.12 2,663.41 96,005.44
185 03/01/2038 3,074.53 400.02 2,674.51 93,330.93
186 04/01/2038 3,074.53 388.88 2,685.65 90,645.28
187 05/01/2038 3,074.53 377.69 2,696.84 87,948.44
188 06/01/2038 3,074.53 366.45 2,708.08 85,240.36
189 07/01/2038 3,074.53 355.17 2,719.36 82,521.00
190 08/01/2038 3,074.53 343.84 2,730.69 79,790.31
191 09/01/2038 3,074.53 332.46 2,742.07 77,048.24
192 10/01/2038 3,074.53 321.03 2,753.50 74,294.74
193 11/01/2038 3,074.53 309.56 2,764.97 71,529.77
194 12/01/2038 3,074.53 298.04 2,776.49 68,753.28
2038 Totals 36,894.36 4,326.43 32,567.93
21
195 01/01/2039 3,074.53 286.47 2,788.06 65,965.22
196 02/01/2039 3,074.53 274.86 2,799.67 63,165.55
197 03/01/2039 3,074.53 263.19 2,811.34 60,354.21
198 04/01/2039 3,074.53 251.48 2,823.05 57,531.16
199 05/01/2039 3,074.53 239.71 2,834.82 54,696.34
200 06/01/2039 3,074.53 227.90 2,846.63 51,849.71
201 07/01/2039 3,074.53 216.04 2,858.49 48,991.22
202 08/01/2039 3,074.53 204.13 2,870.40 46,120.82
203 09/01/2039 3,074.53 192.17 2,882.36 43,238.46
204 10/01/2039 3,074.53 180.16 2,894.37 40,344.09
205 11/01/2039 3,074.53 168.10 2,906.43 37,437.66
206 12/01/2039 3,074.53 155.99 2,918.54 34,519.12
2039 Totals 36,894.36 2,660.20 34,234.16
207 01/01/2040 3,074.53 143.83 2,930.70 31,588.42
208 02/01/2040 3,074.53 131.62 2,942.91 28,645.51
209 03/01/2040 3,074.53 119.36 2,955.17 25,690.34
210 04/01/2040 3,074.53 107.04 2,967.49 22,722.85
211 05/01/2040 3,074.53 94.68 2,979.85 19,743.00
212 06/01/2040 3,074.53 82.26 2,992.27 16,750.73
213 07/01/2040 3,074.53 69.79 3,004.74 13,745.99
214 08/01/2040 3,074.53 57.27 3,017.26 10,728.73
215 09/01/2040 3,074.53 44.70 3,029.83 7,698.90
216 10/01/2040 3,074.53 32.08 3,042.45 4,656.45
217 11/01/2040 4,675.85 19.40 4,656.45 0.00
2040 Totals 35,421.15 902.03 34,519.12
Grand Totals 668,774.33 229,554.42 439,219.91
22
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 8, 2022 Title: Amendment to Marihuana Overlay
District – Drive Thru’s/Signs
Submitted By: Mike Franzak Department: Planning
Brief Summary: Staff-initiated request to amend Section 2331 of the zoning ordinance to reduce
signage restrictions on marihuana businesses and to allow drive-thru marihuana facilities under
certain conditions.
Detailed Summary: After discussing the proposed ordinance at the Planning Commission meeting,
the board decided to slightly modify the proposal and request that all drive thru’s require a special
use permit. The final language approved in the motion is as follows:
Section 2331:
B. Grower, Excess Grower, and Processor Requirements:
1. Signage. Signage shall follow the regulations set forth by the underlying zoning district.
C. Provisioning Center, Retailer, Microbusiness and Designated Consumption Establishment
Requirements:
1. Signage. Signage shall follow the regulations set forth by the underlying zoning district.
4. Curbside/Drive Thru. Curbside delivery is allowed at all retail sale locations with an
approved site plan that does not impede traffic or pedestrian safety. Drive thru’s are
allowed as a special use permitted under the following conditions:
a. The underlying zoning designation must be B-2, B-4, MC, I-1, I-2 or any Form Based
Code designation/building type that allows for drive thru businesses.
b. Drive-thru windows must be located on private property. Streets and alleys may only
be used for the movement of traffic and may not be used for drive-thru vehicular
stacking.
c. A traffic study must be performed showing anticipated number of stacking spaces
and where they would be located on site.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the request to amend Section 2331 of the zoning ordinance to
reduce signage restrictions on marihuana businesses and to allow drive-thru marihuana facilities
with the conditions listed as proposed.
Planning Commission Excerpt:
SUMMARY
1. This Marihuana Facilities Overlay District currently restricts drive-thru’s at retail facilities. Curbside
sales are also prohibited, but enforcement was relaxed during the pandemic.
2. Staff has not received any complaints in the time that curbside sales have been allowed.
3. Many businesses have noted that they are in favor of allowing drive-thru’s at retail facilities. The
State of Michigan recently amended the statute to allow for them.
4. Staff recommends that drive-thru’s are only allowed in areas with heavy vehicular traffic and not
allowed in downtown, where drive-thru’s are restricted.
5. Staff also recommends that there is proper maneuvering room for vehicles to be granted the special
use permit. This will eliminate some of the existing marihuana retailers because of how their
properties are already set up.
Existing Ordinance:
SECTION 2331: MARIHUANA FACILITIES OVERLAY DISTRICT
B. Grower, Excess Grower, and Processor Requirements:
1. Signage. Signage shall be limited to one sign, no larger than 25 square feet and shall not use the
word marihuana/marijuana, cannabis or any other word or phrase which would depict
marihuana/marijuana; nor may pictures of a leaf or leaves, green cross or any other rendering which
would depict marihuana/marijuana be displayed on a sign or any part of the building.
C. Provisioning Center, Retailer, Microbusiness and Designated Consumption Establishment
Requirements:
1. Signage. Signage shall be limited to one sign, no larger than 25 square feet and shall not use the
word marihuana/marijuana, cannabis or any other word or phrase which would depict
marihuana/marijuana; nor may pictures of a leaf or leaves, green cross or any other rendering which
would depict marihuana/marijuana be displayed on a sign or any part of the building.
4. Indoor Activities. All activities of a provisioning center shall be conducted within the structure and
out of public view. Walk-up and drive thru windows are not permitted.
Proposed Ordinance:
B. Grower, Excess Grower, and Processor Requirements:
1. Signage. Signage shall follow the regulations set forth by the underlying zoning district.
C. Provisioning Center, Retailer, Microbusiness and Designated Consumption Establishment
Requirements:
1. Signage. Signage shall follow the regulations set forth by the underlying zoning district.
4. Curbside/Drive Thru. Curbside delivery is allowed at all retail sale locations with an approved
site plan that does not impede traffic or pedestrian safety. Drive thru’s are allowed under the
following conditions:
a. The underlying zoning designation must be B-2, B-4, MC, I-1, I-2 or any Form Based Code
designation/building type that allows for drive thru businesses.
b. Drive-thru windows must be located on private property. Streets and alleys may only be
used for the movement of traffic and may not be used for drive-thru vehicular stacking.
c. There must be at least three vehicle stacking spaces on site that do not impede vehicular
circulation or parking spaces.
Existing locations that are likely to meet the requirements (internal floor plans could also limit some of these
locations):
420 Harvey St 1801 Peck St
313 W Laketon Ave 580 W Hackley Ave
1965 Peck St 2125 Lemuel St
1922 Park St
Example of a location that may not work:
1839 Peck St Suite B
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 2331 of the zoning ordinance to reduce signage restrictions on marihuana
businesses and to allow drive-thru marihuana facilities under certain conditions.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2331:
D. Grower, Excess Grower, and Processor Requirements:
2. Signage. Signage shall follow the regulations set forth by the underlying zoning district.
E. Provisioning Center, Retailer, Microbusiness and Designated Consumption Establishment
Requirements:
2. Signage. Signage shall follow the regulations set forth by the underlying zoning district.
5. Curbside/Drive Thru. Curbside delivery is allowed at all retail sale locations with an approved
site plan that does not impede traffic or pedestrian safety. Drive thru’s are allowed as a special
use permitted under the following conditions:
d. The underlying zoning designation must be B-2, B-4, MC, I-1, I-2 or any Form Based Code
designation/building type that allows for drive thru businesses.
e. Drive-thru windows must be located on private property. Streets and alleys may only be
used for the movement of traffic and may not be used for drive-thru vehicular stacking.
f. A traffic study must be performed showing anticipated number of stacking spaces and
where they would be located on site.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 8th day of November 2022, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.
DATED: ___________________, 2022. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on November 8, 2022, the City Commission of the City of Muskegon adopted an
ordinance to reduce signage restrictions on marihuana businesses and to allow drive-thru marihuana
facilities under certain conditions
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk
in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2022. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 7, 2022 Title: Landscaping RFP
Submitted By: Leo Evans Department: Public Works
Brief Summary: Staff requests authorization to issue a request for proposals to obtain pricing to
transition a number of downtown landscaping areas to private contract.
Detailed Summary & Background:
Staff has worked with the Downtown BID, DDA, Chamber of Commerce, Lakeside BID and other
stakeholders to develop the attached RFP that covers a wide array of landscaping services currently
provided through the City Parks Department. There is a desire among the stakeholders to improve
the level of service being provided and a desire among city staff to free up staffing resources that are
currently expended for the services to improve service in other areas of the city parks. Issuing the
RFP will be the next step in exploring that prospect by obtaining prices from interested firms to further
inform future decisions.
The RFP proposes to obtain prices for nine (9) identified areas as follows, with each area having a
distinct scope of work and a proposed assigned cost share. The baseline RFP proposes a 3-year
contract with optional extensions for a 4th and 5th year.
• Western Avenue
• Hackley Park
• 3rd Street (Midtown)
• City Hall Grounds
• Farmers Market Grounds
• Shoreline Drive
• Scatter Flower Pots / Planters
• Citywide Irrigation Startup / Shutdown
• Lakeside BID
Once bids are obtained for the work the responsible entities will reconvene to review pricing and
make a determination on future recommendations. Future decision may have cost implications for the
City, DDA, BID, and established care funds at the Community Foundation; however there is no cost
implication to issue the RFP and obtain bids.
Goal/Focus Area/Action Item Addressed:
Destination Community & Quality of Life – Enhanced Parks & Recreation Department and Services
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Authorize staff to issue the RFP for Landscaping Services.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
NOTICE TO CONTRACTOR
REQUEST FOR PROPOSALS
PROJECT NAME: Landscaping
DATE OF ISSUANCE: August 1st, 2022
DATE PROPOSAL DUE: August 30th, 2022
ISSUING OFFICE: City of Muskegon
c/o Leo Evans
Department of Public Works
1350 Keating Ave.
Muskegon, MI 49442
Tel. (231) 724-6920
[email protected]
1
TABLE OF CONTENTS
PROPOSAL & AWARD ............................................................................................................... 3
INSTRUCTIONS TO CONSULTANTS ..................................................................................... 4
SPECIFIC PROJECT INFORMATION..................................................................................... 6
SCOPE OF SERVICES ................................................................................................................. 8
CONTENTS OF PROPOSAL ...................................................................................................... 9
EVALUATION ............................................................................................................................ 12
TENTATIVE SCHEDULE FOR AWARD ............................................................................... 13
INSURANCE REQUIREMENTS .............................................................................................. 14
Note: Should any of the pages or documents listed above be missing from your packet, or if you
have any questions regarding this RFP, please contact Leo Evans, Director of Public Works for
the City of Muskegon at (231) 724-6920 or via E-mail at [email protected]
2
PROPOSAL & AWARD
The undersigned having become thoroughly familiar with and understanding of all the proposal
documents attached hereto, agrees to provide the services as specified herein, for the total fees as
stipulated herein, subject to negotiation.
I hereby state that all of the information I have provided is true, accurate and complete. I hereby
state that I have authority to submit this proposal which will become a binding contract if accepted
by the City.
I hereby state that I have read, understand and agree to be bound by all of the terms of this proposal
document.
Signature/Date
Title
Firm Name
Address
Telephone
E-Mail
3
INSTRUCTIONS TO CONSULTANTS
PROPOSALS
All proposals must be submitted following the proposal format supplied in this document and shall
be subject to all requirements of this document.
The City may consider as irregular any proposal in which there is an alteration of or departure
from the format stated in the RFP documents, and at its option may reject the same.
Each firm will include in their proposal a listing of each principal and the names of any proposed
sub-consultant/contractor and the name and address of each office which may be involved in the
project.
Before executing any subcontract, the successful firm shall submit the name and principals of any
proposed subcontractor for prior approval.
SUBMITTAL OF PROPOSALS
Three (3) copies of the proposal documents shall be submitted in a sealed envelope to:
City of Muskegon
City Clerk’s Office
933 Terrace Street
Muskegon, MI. 49440
The envelope shall be clearly marked on the exterior denoting the name of the firm submitting the
proposal and the name of the particular professional services contract for which the proposal is
offered.
The proposals shall be submitted by no later than 2:00 PM, Tuesday, August 30th, 2022
AWARD / REJECTION OF PROPOSALS
The City reserves the right to reject any and all proposals and to waive any irregularity in proposals
received whenever such rejection or waiver is in the best interest of the City. The firm to whom
the Award is made will be notified at the earliest possible date. All firms submitting proposals
will be notified when the award is made. Award will not be completed until confirmed and
recommended by the city commission.
4
CITY RESPONSIBILITIES
The City will provide information as to the requirements for the project and make available
pertinent information which may be useful in the project work.
The City will designate a person to act as the City’s Project Manager with respect to the work to
be performed. Such person will have the authority to transmit instructions, receive information,
interpret and define the City policies and decisions with respect to elements pertinent to the project.
The Project Manager will examine all studies, reports, estimates, proposal, and other documents
prepared by the firm and render in writing, if necessary, decisions pertinent thereto within a
reasonable time.
The Project Manager will direct the consultant in writing to begin the work on each phase of the
project upon receipt of written evidence from the firm of the appropriateness of such action.
The Project Manager will direct the firm in writing to furnish any special services, sub-consultants
and/or extra work that may be required on the project upon receipt of written evidence from the
firm detailing as to cost, time schedule, and reason for such special service or extra work.
5
SPECIFIC PROJECT INFORMATION
INTRODUCTION TO PROJECT & BACKGROUND INFORMATION
The City of Muskegon is seeking bids from landscaping firms to provide a variety of landscaping
services within the core downtown area for an extended period of time. Reference the attached
map and scope of work noted below for further information.
Bid Area #001 - Western Avenue
Limits
From 5th Street to Terrace Street (6 Blocks), inclusive of ½ block on all side streets. Also
includes limited services at the Parking Lot behind the Hines Building / Russell Block and in
Alcoa Square along Western Avenue as defined below.
Scope of Work
• Spring Cleanup
• Fertilization
• Nuisance Management
• Mowing
• Fall cleanup
• Additional Bid Area #001 Specific Items
o 200 Block West Western (Alcoa Square & Splashpad)
Clean and refresh the stone landscape beds, add/remove stone as needed
Provide nuisance management to the stone beds on the same schedule as
other weed control items
o 387 & 401 Morris Avenue (Parking Lots)
Clean and refresh the stone landscape beds, add/remove stone as needed
Provide nuisance management to the stone beds on the same schedule as
other weed control items
o 479, 489, 495 & 505 Western Avenue (Parking Lot)
Include landscaping on perimeter of parking lot with remainder of
Western Avenue landscaping.
Include mowing of NE side terrace of 5th @ Clay for Monet Gardens
6
Bid Area #002 - Hackley Park
Limits
Entire boundary of Hackley Park bounded by Clay / 3rd / Webster / 4th Streets including the
internal areas of the park and the street terraces.
Scope of Work
• Spring Cleanup
• Hanging Baskets / Flower Pots (Estimated Need = 30 Baskets)
• Fertilization
• Nuisance Management
• Mowing
• Fall cleanup
• Additional Bid Area #002 – Specific Items
o Event Restoration
Restore the site following events. Work expected to include
mowing and raking grass, additional watering, fertilization, topsoil
and seeding of any damage, and similar work.
Estimated need for this service is 15 times annually.
o Many of the landscape beds within Hackley Park are planted with annual
plants in contrast to most other landscape beds which are majority
perennial plantings
Bid Area #003 - Third Street
Limits
The raised planter beds along 3rd Street from Muskegon Avenue southeast to First Street. Project
area includes five (5) irrigated raised planter beds.
Scope of Work
• Spring Cleanup
• Fertilization
• Nuisance Management
• Fall cleanup
7
Bid Area #004 - City Hall
Limits
The entire boundary of City Hall bounded by Terrace / Muskegon / Jefferson / Walton Streets
including the internal areas of the campus and the street terraces.
Scope of Work
• Spring Cleanup
• Fertilization
• Nuisance Management
• Mowing
• Fall cleanup
Bid Area #005 - Farmers Market
Limits
The entire boundary of City Farmers Market bounded by Terrace / Morris / Western Streets and
bounded by the Muskegon Poste Office. Including the internal areas of the site and the street
terraces, less the Western Avenue Terrace which is included in a separate item.
Scope of Work
• Spring Cleanup
• Fertilization
• Nuisance Management
• Mowing
• Fall cleanup
Bid Area #006 - Shoreline Drive
Limits
Shoreline Drive from West Western Avenue north and east to Ottawa Street (Approximately
1.25 Miles in length). Work areas and items includes only the landscape items within the median
and on shoulders. City staff will provide mowing and turf maintenance.
Scope of Work
• Spring Cleanup
8
• Fertilization
• Nuisance Management
• Fall cleanup
Bid Area #007 – Various Flower Pots and Planters
Limits
Spread throughout the entire core downtown area. Bid should be based on servicing the
following quantity and size of flower pots
• 9 EA – Large Diameter Concrete Pots
• 18 EA – Small Diameter Concrete Pots
• 45 EA – Galvanized Troughs
Scope of Work
• Hanging Baskets / Flower Pots
Bid Area #008 – Irrigation Startup / Shutdown
Limits
Citywide as outlined in the attachments
Scope of Work
Includes the following work:
• Seasonal startup of identified irrigation systems prior to June 1 annually.
• Identification and completion of repairs needed upon startup. Repairs needed shall be
reviewed with City staff prior to completion and can be invoiced separately on a time and
material basis.
• Seasonal shutdown and winterization of identified irrigation systems prior to October 15th
annually.
9
Bid Area #009 – Lakeside Commercial District
Limits
Lakeshore Drive from Robinson Street to Clifford Street
Scope of Work
• Spring Cleanup
• Fertilization
• Nuisance Management
• Mowing
• Fall cleanup
• Additional Bid Area #002 – Specific Items
o Area includes three irrigated, raised landscape beds that are subject to all
applicable maintenance tasks
o Areas includes the turf terrace areas along Lakeshore Drive between the
noted intersections
PURPOSE OF THE PROJECT
The proposed project seeks to provide more uniformed and routine maintenance to a wide variety
of landscaped features in and around the core downtown area for the 2023-2025 calendar years
with potential extensions for 2024 and 2025 (Base 3-Year / Max 5-Year). Currently the areas
listed above are maintained by a variety of entities and there is a desire to consolidate the services.
10
BID FORM
BIDDER TO USE THE ATTACHED BID FORM
CONTENTS OF PROPOSAL SUBMITTAL
At a minimum, each proposal shall include the following items:
1. Signed and Completed Proposal & Award Page
2. Signed and Completed Bid Form
3. Listing of any identified Subcontractors
4. Copy of Insurance
EVALUATION
Staff will review the submitted proposals and make a recommendation to the City Commission
and other controlling entities for award based on the current purchasing policies of the City.
TENTATIVE SCHEDULE FOR AWARD & IMPLEMENTATION
Issue RFP ...................................................................November 1, 2022
Proposal Due Date .....................................................November 22, 2022 (2:00 PM)
City Commission Consideration of Bids ...................December 13th, 2022
Start Date ...................................................................January 1, 2023
Completion Date ........................................................December 31, 2025 (2027 with Extensions)
11
INSURANCE REQUIRMENTS
The Consultant will be required to comply with the following insurance and indemnity
requirements BEFORE ANY AGREEMENTS CAN BE EXECUTED:
a. Hold Harmless Agreements: To the fullest extent permitted by law, Consultant agrees to
defend, pay on behalf of, indemnify, and hold harmless the City, its elected and appointed
officials, employees, volunteers and others working on behalf of the City against any and
all claims, demands, suits, or loss, including any costs connected therewith, and for any
damages which may be asserted, claimed or recovered against or from the City, its elected
and appointed officials, employees, volunteers, or others working on behalf of the City, by
reason of personal injury, including bodily injury and death, property damage, including
loss of use thereof, and/or the effects of or release of toxic and/or hazardous material which
arises out of or is in any way connected or associated with this contract. The obligation to
defend and hold harmless extends to Consultant’s employees, agents, subcontractors,
assigns and successors.
b. Consultant Insurance Requirements: Consultant shall not commence work under this
contract until obtaining the insurance required under this paragraph. All coverage shall be
with insurance companies licensed and admitted to do business in the State of Michigan
and Best Rated A VIII. All coverage shall be with insurance carriers acceptable to the City.
.
c. Workers' Compensation Insurance: The Consultant shall procure and maintain during the
life of this contract, Workers' Compensation Insurance, including Employer's Liability
coverage, in accordance with all applicable Statutes of the State of Michigan.
d. General Liability Insurance: The Consultant shall procure and maintain during the life of
this contract, commercial General Liability Insurance on an "Occurrence Basis" with limits
of liability not less than $500,000 per occurrence and/or aggregate combined single limit,
Personal Injury, Bodily Injury and Property Damage. Coverage shall include the following
extensions: (a) Contractual Liability; (b) Products and Completed Operations; (c)
Independent Contractor's Coverage; (d) Broad Form General Liability Extensions or
equivalent.
e. Motor Vehicle Liability: The Consultant shall procure and maintain during the life of this
contract Motor Vehicle Liability Insurance, including Michigan no-fault coverage, with
limits of liability of not less than $500,000 per occurrence or combined single limit Bodily
Injury and Property Damage. Coverage shall include all owned vehicles, all non-owned
vehicles and all hired vehicles.
12
f. Professional Liability Insurance: The Consultant shall procure and maintain during the life
of this contract and during the performance of all services Professional Liability Insurance
covering all performances from the beginning of the consultant's services on a "claims
made basis" and shall maintain coverage from commencement of this contract until six (6)
months following completion of the consultant's work with limits of liability not less than
$500,000 per claim.
g. Additional Insured: Commercial General Liability and Motor Vehicle Liability Insurance,
as described above, shall include an endorsement stating the following shall be "Additional
Insured": The CITY OF MUSKEGON, all elected and appointed officials, all employees
and volunteers, all boards, commissions and/or authorities and board members, including
employees and volunteers thereof.
h. Cancellation Notice: Workers' Compensation Insurance, General Liability Insurance,
Motor Vehicle Liability Insurance, and Professional Liability Insurance, as described
above, shall include an endorsement stating the following: "It is understood and agreed
that Thirty (30) Days Advance Written Notice of Cancellation, Non-Renewal, Reduction
and/or Material Change shall be sent to: CITY OF MUSKEGON ENGINEERING
DEPARTMENT.
i. Proof of Insurance Coverage: The Consultant shall provide the City at the time the
contracts are returned by him for execution, certificates and policies as listed below:
1. Two (2) copies of Certificate of Insurance for Workers' Compensation Insurance
2. Two (2) copies of Certificate of Insurance for Commercial General Liability Insurance
3. Two (2) copies of Certificate of Insurance for Vehicle Liability Insurance
4. Two (2) copies of Certificate of Insurance for Professional Liability Insurance
5. If so requested, certified copies of all policies mentioned above will be furnished.
If any of the above coverage expires during the term of this contract, the Consultant shall
deliver renewal certificates and/or policies to the City at least ten (10) days prior to the
expiration date.
13
Not Shown
Approximately 72 EA planter beds of various Farmers Market
size and shape located throughout the
downtown area, sample pictures attached.
200 Block West Western
Alcoa Square & Splashpad
(Included with Western Avenue Bid Area)
387 Morris Ave & 401 Morris Ave
Parking Lots
(Included with Western Avenue Bid Area)
Shoreline Drive
(Western to
Ottawa)
City Hall
Hackley Park Western Avenue
Third Street Fifth to Terrace
(Muskegon to First)
Lakeside
Commerical District
Raised Landscape Beds
SCOPE OF WORK
Items defined below provide a general scope of work. Each individual bid area has unique needs
and items specific to that area. Use this document as a general guidance document that covers
many of the areas that are common and duplicated throughout multiple areas. Additional
specific information for each area along with which general scope items apply are included in the
Request for Bids document. Any variances (additions/subtractions/revisions from this document
should be noted on the Bid Form in the notes section.
• Spring Cleanup - To be completed prior to May 15 annually
o Thatch and aerate all turf areas as needed
o Edge all turf areas where appropriate
o Trim all ornamental grasses and annual plants to spring start height
o Cleanout landscape beds of all trash, weeds, excess mulch, leaves and any
other landscape debris
o Trim and prune all shrubs, bushes and trees within the designated areas
o Assess landscaping, shrub, tree, and all other plantings for condition and
variety. Provide contract owner with recommendations and cost estimates to
replace plantings for conditional reasons and to provide for broader color
options and season long appeal. Contract owner will review
recommendations and will provide authorization to proceed with approved
plantings along with separate negotiated payment for new plantings.
o Install new hardwood mulch in all mulched landscape beds to provide
consistent and uniform coverage
o Repair and recommend for replacement any landscape edging
o Haul and dispose of all yard waste. Trash collected can be bagged and left
for City staff to collect
o Ensure that all sidewalks, streets, and curb lines are cleaned of all debris
created during the process
o Coordinate with DPW staff to activate irrigation at the appropriate time
• Fertilization
1
o Four (4) fertilization applications on all turf areas and any other areas as
recommended by the Contractor on the following schedule:
Spring (completed by June 1)
Early Summer (completed by July 30)
Late Summer (completed by September 30)
Fall/Winterized (completed by Nov. 30)
o Contractor shall have discretion to recommend fertilizer product as
appropriate and in compliance with all governing laws/ordinances
o Fertilizer shall be appropriate for areas with expected human/animal
contact
• Nuisance Management
o During the period of May 1 – October 31 provide weekly hand weeding
and cleanup of all landscaped areas.
o During the period of May 1 – October 31 provide weekly hand weeding or
equally effective herbicide to sidewalk and curb areas to keep them free of
nuisance weed and grass growth.
o Four (4) applications of weed control, insecticide and fungicide to all turf
areas and landscaping beds. Application rates and timing shall be at
contractor discretion to ensure proper growth and maintenance.
o Contractor shall have discretion to recommend nuisance control product as
appropriate and in compliance with all governing laws/ordinances
o Nuisance control products shall be appropriate for areas with expected
human/animal contact and shall be applied by a licensed applicator.
• Mowing
o During the period of May 1 – October 31 provide weekly mowing of all
turf areas
o All areas that can’t be accomplished with a mower to be weed whipped on
a similar schedule or have additional landscaping added to eliminate weed
whipping
o Provide weekly edging at all locations where a hard surface meets a turf
area.
2
o Ensure that all sidewalks, streets, and curb lines are cleaned of all debris
created during the process
• Fall cleanup – To be completed prior to November 15 annually
o Contractor shall have discretion to address items identified in the Seasonal
Spring Cleanup section during the fall with Contract Owner approval. This is
intended to ease spring operations and/or provide additional benefit to the
areas
o Cleanout landscape beds of all trash, weeds, excess mulch, leaves and any
other landscape debris
o Assess landscaping, shrub, tree, and all other plantings for condition and
variety. Provide contract owner with recommendations and cost estimates to
replace plantings for conditional reasons and to provide for broader color
options and season long appeal. Contract owner will review
recommendations and will provide authorization to proceed with approved
plantings along with separate negotiated payment for new plantings.
o Coordinate with DPW staff to winterize irrigation at the appropriate time
• Hanging Baskets / Flower Pots
o Hanging baskets and flower pots shall be installed and actively maintained
from May 15 – September 15 annually
o Install flowers within existing pots (Bid Area #008) or provide hanging
baskets to fit the site (Bid Area #002)
o Recommend plantings for the hanging baskets and flower pots and work
with the Contract Owner to obtain approval for the plantings to ensure
broad variety, season long appeal, and themed uniformity.
o Provide frequent watering and any other services needed to the hanging
baskets to ensure they remain vibrant and blooming throughout the
growing season
o Recommend replacement of damaged baskets/pots
o Coordinate with the city on needed relocations annually. City staff intend to set
the location prior to the Spring start date and only move planters as needed for
specific projects/events with a goal to minimize movement throughout the season.
Any additional work required to restore a planter related to mid-season
relocations is paid separately.
3
4
IRRIGATION SYSTEM LOCATION & GENERAL INFORMATION
General Notes
• Approximate location map - https://earth.google.com/earth/d/1JNK-
m4_iHKpD5zXqTVkQX9Woks9HtrVT?usp=sharing
• Check all locations for hose bibs or any other locations where water may be present
• Ensure all pumps are deactivated prior to starting blowout. Turn all irrigation controllers to off
when done
• 1/4 turn all valves after shutoffs and when done with blowouts. Open all drains at lowest point
of water lines in chases if possible
• Pits with meters that are shallow or pullable, disconnect and let drain, leave in pit
Locations For Inclustion In Bid Item
• Aamodt (2 taps)
o Shutoff for E. half of park on Marquette by front of park. Close both valves in pit
and open drain. Quick coupler by 3 valve boxes by controller. Can blow through
pit or quick coupler.
o Shutoff for W. half of park on Erickson. Can blow through quick coupler, or
valve in pits.
• City Hall (2 taps)
o Median: Shutoff for median in road on Terrace/Walton. ¼ turn valve in water
meter box by big breaker in the median. Do not blow median just turn off and ¼
turn valve to drain.
o Building grounds: Meter pit by vacuum breaker by building, shutoff and drain in
pit. Blow point silver pipe in ground valve box sticking up.
• Day of Caring
o Shutoff and drain in pit. Blowout on breaker – remove plug
Page 1 of 5
• Dog Park
o Shut off, meter drain and pull. Drain in valve box. Blowout in black panel behind
brick wall.
• Greenwood
o Shutoff in meter pit, blow out w/quick coupler by breaker, pull meter and let
drain.
• Hackley Park
o Pit by Clay on Northside of park. Shutoff ball valve and open drain when done.
NO Gate Valve.
o Vacuum breaker in center monument. Quick coupler for blowout next to it, ¼ turn
when done.
• Indian Cemetery
o Shutoff in road in front of Indian entrance. Pit only has drain, blowout on breaker,
pull plug on white pvc. Controller in traffic box in bushes to east next to post
office parking.
• Joe Clifford
o Shutoff by sidewalk, pit in front of it.
o 2 valves in pit – 1 shutoff for fountain (closest to road), 1 drain (closest to park).
For main line open drain when done.
o Blowout quick coupler in valve box in front of pit.
o Metal case with lock may have to be lifted if no key, check under there to ensure
blowout is complete. Be sure to open valve to blowout splash pad. Controller is in
the back by electrical boxes and pavilion.
• Lakeshore Dr. and Addison St.
o Shutoff at breaker and blowout. Manually turn on if necessary, 4 zones down by
lagoon, 1 up by road across street by Lakeside sign. Solar controller further up
Addison by guardrail, battery key needed to operate.
• Lakeshore Dr. and Frisbie St. & Lakeshore Dr. North
o Controller on pole. Valves do not turn on, had to turn on manually. On Frisbee
turn off valve by curb, manhole has drain, blow point on hose bib. (Lakeshore Dr.
North) Across street by Amoco site behind wall shutoff closer to road and drain
by backflow. 1 valve with controller on it.
Page 2 of 5
• Lakeshore Dr. (meter pit 1 and 2) (2 taps)
o 50-55psi. End of Mann St. pull meter, drain, leave. Blowout at breaker and also
across street by Marine Tap, also can on southside Torrent St. flower bed.
• Laketon Bike Path (3 taps)
o By Mission:
Manhole has shutoff and drain. Quick coupler is the blowout. From the
mission to Southern.
o Elwood/Laketon:
Pump-pit-controller
o Pine/Laketon:
Controls Leahy to 1 block west of Wood St.
Shut off.
Take wire off pump start to deactivate pump – wired to controller.
Blowout in pump box, remove plug, close last valve. Pressure gauge, pull
drain on pump.
• Lighton
o Drain in curb stop by RPZ. In pit across from county building shutoff water.
Either pull plug right after the meter, or blow from backside of second check on
RPZ. 1 zone, puck by RPZ in valve box. Pull batteries and set to off when done.
• McLaughlin Community Park
o Meter pit behind box, shutoff and pull meter. Get in irrigation box, controller in
pavilion. Blowout from hose bib on side of box.
• Monet
o Meter pit for shutoff by controller. Blow point on breaker. Do not do anything for
pond other than blow out fill valve. 1 zone does not work and has a nelson puck
(probably zone 2ish). Blow, turn off, and remove batteries. Puck in valve box on
left side of sidewalk across from controller (may be covered). Not sure about
drinking fountain.
Page 3 of 5
• Shoreline Drive (6 taps)
o Tap #1: (Southern to Western, median and sides)
Just past Southern in median manhole by breaker, may have to pump out
pit.
Shutoff and drain in pit by breaker. Quick coupler by base of breaker for
blowout. Controller at end of Western ? (Zones 23 and higher)
o Tap #2: (Western to 7th) (Zones 14-21?)
Shutoff and drain in pit. Blow the same as the others.
o Tap #3: (7th to 4th?) (9-13 or 1-8?)
Tap in median across from the Amazon just past 7th. Deep pit, allow to air
out. Same as others.
o Tap #4: (4th to 3rd)
Controller on light pole (6-8 stations?). Shutoff in water cover. Drain in
curb stop by quick coupler. Valve by quick coupler and breaker.
o Tap #5: (Between 3rd and 1st)
Pull up from south side to prevent damage to irrigation. Pole has
controller. Shutoff, blow point in pit.
o Tap #6 at end of Terrace (1st to Moses J. Jones and medians on Terrace)
Manhole, close ball valve, open drain. Blow point on breaker by ground,
¼ turn when done.
• St. Joseph
o Shutoff in meter pit. Pull meter if possible. Blow through breaker w/ ¼ inch
adapter. Valve next to breaker for fountain. Remove y-strainer if possible from
fountain to prevent freezing.
• Terrace Point
o Shutoff, meter, and drain across from Shoreline Inn parking lot. Shutoff, blow
through RPZ. Open drain when done. Controller down the road in the trees.
• Third St.
o Shutoff and meter in pit in landscape. Blow point on breaker. Pull meter and drain
when done. Drain in curb stop by meter pit.
Page 4 of 5
• Western Ave. (2 taps)
o Tap #1: (Terrace to 1st)
Located at Jefferson and Western in landscape. Shutoff in pit and drain is
blowout.
o Tap #2: (1st to 3rd)
Located at 2nd and Western in landscape. Shutoff is curb stop in sidewalk
and drain by RPZ. Blowout from RPZ.
• Young Park
o Shutoff, pull meter from pit and drain. Controller on valve, blow from breaker.
Page 5 of 5
BID FORM - DOWNTOWN LANDSCAPING
COMPANY NAME:
ADDRESS:
PHONE / EMAIL:
NAME / TITLE:
SIGNATURE / DATE:
Line Item Description Year #1 (2023 Season) Year #2 (2024 Season) Year #3 (2025 Season) Year #4 (2026 Season) / Optional Year #5 (2027 Season) / Optional
1 Bid Area #001 - Western Avenue
2 Bid Area #002 - Hackley Park
3 Bid Area #003 - Third Street
4 Bid Area #004 - City Hall
5 Bid Area #005 - Farmers Market
6 Bid Area #006 - Shoreline Drive
7 Bid Area #007 - Various Flower Pots and Planters
8 Bid Area #008 - Irrigation Startup / Shutdown
9 Bid Area #009 - Lakeside Commercial District
BID NOTES / CONDITIONS
Bid Tabulation 1 of 1
Description DT BID LS BID DDA City GF CFFMC Farmers Market TOTAL
Bid Area #001 - Western Avenue 100% 100%
Bid Area #002 - Hackley Park 100% 100%
Bid Area #003 - Third Street 100% 100%
Bid Area #004 - City Hall 100% 100%
Bid Area #005 - Farmers Market 100% 100%
Bid Area #006 - Shoreline Drive 100% 100%
Bid Area #007 - Various Flower Pots and Planters 100% 100%
Bid Area #008 - Irrigation Startup / Shutdown 10% 10% 80% 100%
Bid Area #009 - Lakeside Commercial District 100% 100%
Bid Tabulation 1 of 1
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 7, 2022 Title: MDEGLE High Water
Infrastructure Grant
Submitted By: Leo Evans Department: Public Works
Brief Summary: Staff requests a resolution of support and commitment of matching funds for
submittal to MDEGLE through the 2023 High Water Infrastructure Grant Program.
Detailed Summary & Background:
The Michigan Legislature appropriated $14.25 million to the Michigan Department of Environment,
Great Lakes, and Energy (EGLE) for a grant program to provide infrastructure and planning grants
that directly address the impacts and vulnerabilities presented by severe weather events, with a focus
on projects that address flooding, coastline erosion, urban heat, and storm water management.
Staff has identified restoration of the beach access at Kruse Park as a target for this program. Staff
has previously conducted community engagement on this project and developed a master plan for the
site that is available on our website here - https://www.muskegon-mi.gov/cresources/Kruse-Park-
Master-Plan-compressed.pdf
Staff has prepared an application to pursue funds to support the work identified in Phase 1 of the
Master Plan as well as obtaining letters of support from our legislative contacts, the Muskegon
Conservation District, WMSRDC, Beachwood-Bluffton Neighborhood Association, and Disability
Network West Michigan.
If successful as drafted the grant will provide $700,000.00 towards the project and will require a
commitment of matching cash/in-kind funds from the City in the amount of $343,915.00 during the
23/24 fiscal year.
Goal/Focus Area/Action Item Addressed:
Destination Community & Quality of Life – Enhanced Parks & Recreation Department and Services
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Approve the Resolution of Support and Commitment of Matching Funds for
the 2023 State High Water Infrastructure Grant and authorize the Clerk to sign.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head Information Technology
Yes
Other Division Heads Communication
No
For City Clerk Use Only:
Commission Action:
City of Muskegon
RESOLUTION OF SUPPORT & COMMITMENT OF MATCHING FUNDS for
Kruse Park Beach Access Restoration
WHEREAS, Muskegon City Commission supports the submission of an application titled, “Kruse Park
Beach Access Restoration” to the Michigan Department of Environment, Great Lakes and Energy within
the 2023 State High Water Infrastructure Grant Program for completion of Phase 1 improvements at
Kruse Park; and,
WHEREAS, the City of Muskegon desires to make improvements on the site to provide increased access
to the shoreline and enhanced recreational activities; and,
WHEREAS, the proposed application is supported by the Community’s 5-year Approved Parks and
Recreation Plan; and,
WHEREAS, funding is available from the State of Michigan through a legislative appropriation, and
WHEREAS, the City of Muskegon is hereby making a financial commitment to the project in the amount
of $343,915.00 matching funds in cash and in-kind services should the project be selected; and
NOW, THEREFORE LET IT BE RESOLVED, that Muskegon City Commissioners hereby authorizes
and supports submission of a 2023 State high Water Infrastructure Grant for $700,000.00 for completion
of Phase 1 Kruse Park Beach Access Restoration, and further resolves to make available its financial
obligation amount of $343,915.00 for a total project cost of $1,043,915.00 during the Cities 2023-2024
fiscal year.
Yeas:
Nays:
Absent:
I certify that the above Resolution was adopted by the City Commission of the City of Muskegon on
November 7th, 2022.
BY: Ann Meisch, City Clerk
______________________________________________________________________________
Signature Date
M ICHIGAN C OASTAL MANAGEMENT P ROGRAM
M ICHIGAN DEPARTMENT OF ENVIRONMENT , GREAT LAKES , AND ENERGY
W ATER R ESOURCES DIVISION
State High Water Infrastructure Grant Program
2023 Grant Application
Proposed Grant Title: Kruse Park Beach Access Restoration
Applicant Information
Name of Agency/Organization: City of Muskegon
Address: 933 Terrace Street City: Muskegon ZIP: 49440
Applicant Contact Name: Leo Evans
Title: DPW Director
Phone Number: 231-724-6920
Email Address: [email protected]
Authorized Representative Name: Leo Evans
Title: DPW Director
Phone Number: 231-724-6920
Email Address: [email protected]
List of counties work will take place in:
Muskegon
If your project is site-specific, please include the latitude and longitude coordinates of the site
entrance location. Is your project site specific? ☐ Yes ☐ No
LAT: N 43.205029 LONG: W 86.320437
US Congressional District 3 Fed ID# 38-6004522
State Senate District 32 UEI# NVASZGCGV2Z5
State House District 87 Grant Amount $700,000.00
Great Lake or Match Amount $343,915.00
Connecting Waterway Lake Michigan Project Total $1,043,915.00
Michigan.gov/EGLE Page 1 of 3 EQP9315 (Rev. 9/2022)
M ICHIGAN D EPARTMENT OF E NVIRONMENT , G REAT L AKES , AND ENERGY
W ATER R ESOURCES D IVISION
Project Description
A. Provide a concise description of project scope and how the project addresses the impacts and
vulnerabilities presented by severe weather events, with a focus on projects that address flooding,
coastline erosion, urban heat, and stormwater management.
Project scope includes completion of Phase 1 of the attached master planning document to restore
safe and accessible beach access at Kruse Park. The original access at the site was destroyed by
coastline erosion during the high water levels on Lake Michigan in 2019 and 2020, the continued use
of the site by the public has led to erosion of the critical dune in the area. The proposed project
takes into account the higher levels of fluctuation expected within the great lakes and seeks to utilize
construction elements that will provide greater resiliency and restoration of the critical dunes.
B. Provide a detailed description of the proposed project tasks, activities, outcomes, and work
products. The description should fully explain the details of each task and provide greater context
to information supplied in the Project Tasks and Schedule section. Descriptions should include
details on project readiness and transferability of project results.
The project includes all items identified in Phase 1 of the attached master plan document; which
includes demolition of the remaining sections of the lower portion of the beach access walkway, and
construction of a new beach access ramp/stair combo. The new access will confine the erosion that
is resulting from pedestrians traversing the dune and allow the eroded areas to be restored with
native plantings. The project has gone through extensive master planning with the community to
reach the level it is currently at and is ready to be pushed forward into design/permitting.
C. Provide a description of the source of secured or committed (20%) match funds with letters of
commitment from each source. A letter from each entity contributing match, with amount
specified, must be received alongside the application.
Matching funds will be provided by the City of Muskegon General Fund.
D. Provide a description of how the proposed project leverages other technical and/or financial
resources.
The project will restore access to the beach that has been fully lost as a result of coastal erosion.
The site serves as the City of Muskegon Dog Beach which was a regional attraction for visitors.
Kruse Park itself falls within the area where the city charges for parking, so improving amenities at
this site will in turn attract more visitors and generate additional revenue for the city to help support
the implementation of other parks capital projects within the city.
E. Provide a description of your organizational capability to administer the grant; including outlining
the qualifications of all individuals anticipated to work on the project tasks with indication of their
roles and responsibilities of oversight of contractual service providers.
The project will be led by the Department of Public Works which includes a staff of 2 registered
professional engineers and an 4 staff within the engineering department. The staff routinely delivers
a large capital program and has successfully delivered previous state grant projects through
MDEGLE, MDNR, and MDOT. City staff will provide oversight and administration and anticipates
consulting to develop the site specific plans, permit, and bid package necessary for the project.
Michigan.gov/EGLE Page 2 of 3 EQP9315 (Rev. 9/2022)
M ICHIGAN D EPARTMENT OF E NVIRONMENT , G REAT L AKES , AND ENERGY
W ATER R ESOURCES D IVISION
F. Project Tasks and Schedule:
Please provide a Gantt Chart that outlines proposed tasks, the expected timeline that tasks are
expected to be completed, and work products to be created from completion of tasks as an
attachment with your application.
Project Budget
Download and use the Budget Form available on the MCMP’s website,
Michigan.gov/CoastalManagement.
When completing the Budget Form, select one of three cost accounting approaches for project
indirect costs. Indirect accounting options include:
1) The applicant’s federally negotiated indirect rate, which must be accompanied by a
Negotiated Indirect Cost Rate Agreement (NICRA)
2) A 10 percent de minimis rate; or
3) Zero indirect expenses for projects that do not require any reimbursement of indirect costs.
Required Attachments
Please provide the following items as attachments with your application:
• Project location map for proposed project.
• Proof of Audit
o Applicants must provide documentation of financial stability by providing proof of a
financial audit within 24 months of the announcement of this GFO. The audit date is
based on the audit period and not the date of the audit or audit letter.
• Resolution or Letters of Support
o A Resolution of Support is required for applications from local units of government or
other partner organizations. A sample Resolution of Support is available on the MCMP’s
website, Michigan.gov/CoastalManagement.
• Letters of Commitment
o Provide any letters or commitments of support from partner organizations.
If you need this information in an alternate format, contact [email protected] or
800-662-9278.
EGLE does not discriminate on the basis of race, sex, religion, age, national origin, color, marital
status, disability, political beliefs, height, weight, genetic information, or sexual orientation in the
administration of any of its programs or activities, and prohibits intimidation and retaliation, as
required by applicable laws and regulations. Questions or concerns should be directed to the
Nondiscrimination Compliance Coordinator at [email protected] or
517-249-0906.
This form and its contents are subject to the Freedom of Information Act and may be released to the
public.
Michigan.gov/EGLE Page 3 of 3 EQP9315 (Rev. 9/2022)
Cr
ea Kruse Park Beach Access Restoration SIMPLE GANTT CHART by Vertex42.com
https://www.vertex42.com/ExcelTemplates/simple-gantt-chart.html
City
Enter of Muskegon
Company Name in cell B2.
Department of Public Works Mon, 4/3/2023
Enter the name of the Project Lead in cell B3. Enter the Project Start date in cell E3. Pooject Start: labelStart:
Project is in cell C3.
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e Display Week:
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Project Startup
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Issue RFP for Design Consultant (Pending Grant Notice) DPW 4/3/23 5/1/23
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Score Proposals DPW 5/1/23 5/9/23
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Submit Recommendation to City Commission DPW 5/9/23 5/9/23
Commission Consideration of Recommendation DPW 5/23/23 5/23/23
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Design & Permitting
e
Field Survey Consultant 6/1/23 6/15/23
Preliminary Design Consultant 6/15/23 7/15/23
70% Plan Review Consultant / DPW 7/15/23 7/15/23
Critical Dune Permit Application Consultant 8/1/23 2/1/24
Final Design Consultant 7/15/23 8/1/23
Bidding Consultant / DPW 8/1/23 8/30/23
Contract Award DPW / City Commisison 9/19/23 9/19/23
Construction (Spring 2024 Shown, Could be Fall 2023 Depending on CD Permit Status)
Sample phase title block
Removals Contractor 4/1/24 4/15/24
Site Grading Contractor 4/15/24 4/30/24
Helical Piers Contractor 5/1/24 5/10/24
Framing Contractor 5/11/24 5/31/24
Decking & Rails Contractor 6/1/24 6/15/24
Armoring Contractor 6/15/24 6/25/24
Dune Grass Plantings (Seasonally Restricted) Contractor 10/1/24 10/15/24
MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
WATER RESOURCES DIVISION
COASTAL MANAGEMENT PROGRAM
PROJECT BUDGET
Organization Name: City of Muskegon
Project Name: Kruse Park Beach Access Restoration
Project Number: TBD
Staffing
Name and Title of Staff Hours Rate Grant Amount Local Match Amount Total
Leo Evans / DPW Director & City Engineer 100.00 $ 56.99 $ - $ 5,699.00 $ 5,699.00
Dan VanderHeide / Deputy DPW Director 100.00 $ 47.52 $ - $ 4,752.00 $ 4,752.00
Matt Schwemin / Parks Supervisor 100.00 $ 31.12 $ - $ 3,112.00 $ 3,112.00
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
Staffing Subtotal $ - $ 13,563.00 $ 13,563.00
Fringe Benefits
Fringe Rate Grant Amount Local Match Amount Total
Leo Evans / DPW Director & City Engineer 40.00% $ - $ 2,279.60 $ 2,279.60
Dan VanderHeide / Deputy DPW Director 40.00% $ - $ 1,900.80 $ 1,900.80
Matt Schwemin / Parks Supervisor 40.00% $ - $ 1,244.80 $ 1,244.80
0 $ - $ - $ -
0 $ - $ - $ -
0 $ - $ - $ -
0 $ - $ - $ -
0 $ - $ - $ -
0 $ - $ - $ -
0 $ - $ - $ -
Fringe Benefits Subtotal $ - $ 5,425.20 $ 5,425.20
Staffing and Fringe Benefits Subtotal $ - $ 18,988.20 $ 18,988.20
Contractual Services
Name of Contractor Hours or Units Rate or Total Grant Amount Local Match Amount Total
Engineer / Architect 1.00 $ 84,627.00 $ - $ 84,627.00 $ 84,627.00
Contractors - Various 1.00 $ 940,299.80 $ 700,000.00 $ 240,299.80 $ 940,299.80
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
Contractual Services Subtotal $ 700,000.00 $ 324,926.80 $ 1,024,926.80
Supplies and Materials
Itemized Supplies and Materials Quantity Cost Grant Amount Local Match Amount Total
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
Supplies and Materials Subtotal $ - $ - $ -
Equipment (Any Item Over $5,000)
Itemized Equipment Quantity Cost Grant Amount Local Match Amount Total
$ - $ - $ - $ -
$ - $ - $ - $ -
Equipment Subtotal $ - $ - $ -
Travel
Mileage Miles Rate Grant Amount Local Match Amount Total
$ - $ - $ - $ -
Lodging Nights Rate Grant Amount Local Match Amount Total
$ - $ - $ - $ -
Meals Quantity Rate Grant Amount Local Match Amount Total
$ - $ - $ - $ -
Other Travel (Tolls, Parking, Etc.) Quantity Rate Grant Amount Local Match Amount Total
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
Travel Subtotal $ - $ - $ -
Other
Description Quantity Cost Grant Amount Local Match Amount Total
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
Other Subtotal $ - $ - $ -
Project Subtotal
Grant Amount Local Match Amount Total
Project Subtotal $ 700,000.00 $ 343,915.00 $ 1,043,915.00
Indirect
Indirect Approach
Rate 0.00%
Indirect Subtotal $ - $ - $ -
What expense categories are included in the
indirect calculation (e.g. salary and fringe,
travel)?
Grant and Match Budget
Grant and Match Total $ 700,000.00 $ 343,915.00 $ 1,043,915.00
Project Percentage Split 67.06% 32.94%
Sources of Match
Organization Dollar Value Committed
In Kind Cash Total
City of Muskegon $ 18,988.20 $ 324,926.80 $ 343,915.00
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
Subtotal $ 18,988.20 $ 324,926.80
Total Match Must Equal Local Match Amount
in Budget Sheet Above $ 343,915.00
If you need this information in an alternate format, call 800-662-9278 or contact: [email protected]
EGLE does not discriminate on the basis of race, sex, religion, age, national origin, color, marital status, disability, political beliefs, height,
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 7, 2022 Title: Roberts Street MDOT Agreement
Submitted By: Dan VanderHeide Department: Public Works
Brief Summary: Staff is requesting approval of a contract with MDOT for the repaving of Roberts
Street from Sherman Boulevard to Laketon Avenue, and approval of resolution authorizing the
Mayor and Clerk to sign the contract.
Detailed Summary & Background: This is the standard contract that governs construction contracts
that use federal funds and/or are administered through MDOT. The estimated cost of the project is
$1,046,811.25, with $371,340 of that being Category F Transportation Economic Development Fund
(TEDF) grant dollars. The reminder of $675,471.25 is accounted for in the City’s FY22 Major Street
fund capital budget. Of the $825,000 budgeted for the project, $31,880.07 has been spent on
engineering and other design phase services.
The project will be bid this fall and begin construction in the spring; the exact schedule is not
known at this time but will be communicated to the businesses and residents in the area once
known.
Goal/Focus Area/Action Item Addressed:
Key Focus Area: Sustainability in financial practices and infrastructure.
Amount Requested: $675,471.25 Amount Budgeted: $825,000.00 Requested
$ 31,880.07 Expended
$793,119.93 Remaining
Fund(s) or Account(s): 202 (Major Streets) Fund(s) or Account(s): 202 (Major Streets)
Recommended Motion: Approval of the Roberts Street MDOT Contract and a resolution
authorizing the DPW Director and Clerk to sign the contract.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
For City Clerk Use Only:
Commission Action:
RESOLUTION __________
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE
MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF
MUSKEGON FOR ROADWAY RECONSTRUCTION WORK ALONG ROBERTS
STREET FROM BARNEY AVENUE NORTH TO LAKETON AVENUE, INCLUDING
HOT MIX ASPHALT SURFACING, CONCRETE CURB AND GUTTER, AND
PERMANENT PAVEMENT MARKING WORK.
Moved by Commissioner ________________ and supported by Commissioner
______________ the following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 22-5487 between the
Michigan Department of Transportation and the City of Muskegon for the
Reconstruction of Roberts Street between Barney Avenue and Laketon
Avenue within the City is in the best interests of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 22-5487 be and
the same is hereby authorized and approved and the DPW Director and Clerk are
authorized to execute said contract for and on behalf of the City of Muskegon.
Adopted this 7TH day of November, 2022.
BY
Leo Evans, Director of Public Works
ATTEST
Ann Meisch, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
November 7, 2022. 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
TED (F) COM
NON FED Control Section EDF 61000
Job Number 215087CON
Contract No. 22-5487
THIS CONTRACT is made by and between the MICHIGAN DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as the "DEPARTMENT;" and the CITY OF
MUSKEGON, a Michigan municipal corporation, hereinafter referred to as the “REQUESTING
PARTY;” for the purpose of fixing the rights and obligations of the parties in agreeing to the
following improvements, in Muskegon, Michigan, hereinafter referred to as the "PROJECT" and
estimated in detail on EXHIBIT "I," dated October 6, 2022, attached hereto and made a part
hereof:
Hot mix asphalt reconstruction along Roberts Street from Laketon Avenue to Barney
Avenue, including earthwork, aggregate base, concrete curb and gutter, sidewalk and
permanent pavement markings; and all together with necessary related work.
WITNESSETH:
WHEREAS, the State of Michigan is hereinafter referred to as the “State;” and
WHEREAS, the PROJECT has been approved for financing in part with funds from the
State appropriated to the Transportation Economic Development Fund, hereinafter referred to as
"TED FUNDS," qualifies for funding pursuant to PA 231, Section 11(2)(b); Public Act of 1987,
as amended, and is categorized as:
CATEGORY “F” FUNDED PROJECT
WHEREAS, the parties hereto have reached an understanding with each other regarding
the performance of the PROJECT work and desire to set forth this understanding in the form of a
written contract.
NOW, THEREFORE, in consideration of the premises and of the mutual undertakings of
the parties and in conformity with applicable law, it is agreed:
1. The parties hereto shall undertake and complete the PROJECT in accordance with
the terms of this contract.
2. The term "PROJECT COST," as herein used, is hereby defined as the cost of the
physical construction necessary for the completion of the PROJECT.
01/23/03 TEDDIR.FOR 10/6/22 1
The costs incurred by the REQUESTING PARTY for preliminary engineering,
construction engineering and inspection, and right-of-way are excluded from the PROJECT
COST as defined by this contract.
The Michigan Department of Environment, Great Lakes, and Energy has informed the
DEPARTMENT that it adopted new administrative rules (R 325.10101, et. seq.) which prohibit
any governmental agency from connecting and/or reconnecting lead and/or galvanized service
lines to existing and/or new water main. Questions regarding these administrative rules should
be directed to the Michigan Department of Environment, Great Lakes, and Energy. The cost
associated with replacement of any lead and/or galvanized service lines, including but not limited
to contractor claims, will be the sole responsibility of the REQUESTING PARTY.
3. The DEPARTMENT is authorized by the REQUESTING PARTY to perform, at
no cost to the PROJECT, such administration of the PROJECT covered by this contract as is
necessary to assist the REQUESTING PARTY to qualify for funding. Such administration may
include performing such review, legal, financing, any other PROJECT related activities as are
necessary to assist the REQUESTING PARTY in meeting applicable State requirements.
The DEPARTMENT shall provide the REQUESTING PARTY with a notice to proceed
with the award of the construction contract for the PROJECT.
The DEPARTMENT shall make a final acceptance inspection of the PROJECT as
necessary to ensure the PROJECT meets State requirements. Failure to comply with State
requirements may result in forfeiture of future distributions of the Michigan Transportation Fund
as described in Section 5. No charges will be made by the DEPARTMENT to the PROJECT for
any inspection work or construction engineering.
4. The REQUESTING PARTY, under the terms of this contract, shall advertise and
award the PROJECT work in accordance with the following:
A. The REQUESTING PARTY will, at no cost to the DEPARTMENT or the
PROJECT, design, or cause to be designed, the PROJECT, and shall
accept full responsibility for that design. Any review undertaken by the
DEPARTMENT is for its own purposes and is not to nor does it relieve
the REQUESTING PARTY of liability for any claims, causes of action or
judgments arising out of the design of the PROJECT.
B. The REQUESTING PARTY, hereby, certifies to the DEPARTMENT that
the plans, specifications, and estimates for the PROJECT have been
prepared in compliance with applicable State laws, standards, and
regulations.
C. The REQUESTING PARTY, hereby, certifies to the DEPARTMENT that
the contracting procedures to be followed by the REQUESTING PARTY
01/23/03 TEDDIR.FOR 10/6/22 2
in connection with the solicitation of the construction contract for the
PROJECT shall be based on an open competitive bid process. It is
understood that the proposal for the PROJECT shall be publicly advertised
and the contract awarded on the basis of the lowest responsive and
responsible bid in accordance with applicable State statutes and
regulations.
(1) The REQUESTING PARTY shall not award the construction
contract prior to receipt of a notice to proceed from the
DEPARTMENT.
(2) Upon verification that contractor selection by the REQUESTING
PARTY was made in accordance with the terms of this contract
and upon receipt of the “Request for Payment” form from the
REQUESTING PARTY, the DEPARTMENT will authorize
payment to the REQUESTING PARTY for the eligible amount in
accordance with Section 5.
D. The REQUESTING PARTY will, at no cost to the PROJECT or the
DEPARTMENT, comply with all applicable State statutes and regulations,
including, but not limited to, those specifically relating to construction
contract administration and obtain all permits and approvals with railway
companies, utilities, concerned State, Federal, and local agencies, etc., and
give appropriate notifications as may be necessary for the performance of
work required for the PROJECT.
The REQUESTING PARTY agrees to comply with all applicable
requirements of Part 91, Soil Erosion and Sedimentation Control of the
Natural Resources and Environmental Protection Act, 1994 PA 451 as
amended by 1995 PA 60 and 1996 PA 173, MCL 324.9101 et. seq., for all
PROJECT work performed under this contract, and the REQUESTING
PARTY shall require its contractors and subcontractors to comply with the
same.
E. All work in connection with the PROJECT shall be performed in
conformance with the DEPARTMENT’S current Standard Specifications
for Construction, special provisions, and the supplemental specifications
and plans pertaining to the PROJECT. All materials furnished and used in
the construction of the PROJECT shall conform to the aforesaid
specifications. Any changes in the scope of work for the PROJECT will
require approval by the DEPARTMENT.
F. The REQUESTING PARTY shall, at no cost to the PROJECT or to the
DEPARTMENT, appoint a project engineer who shall administer the
01/23/03 TEDDIR.FOR 10/6/22 3
PROJECT and ensure that the plans and specifications are followed, and
shall perform or cause to be performed the construction engineering and
inspection services necessary for the completion of the PROJECT.
Should the REQUESTING PARTY elect to use consultants for
construction engineering and inspection, the REQUESTING PARTY shall
provide a full-time project manager employed by the REQUESTING
PARTY who shall ensure that the plans and specifications are followed.
G. The REQUESTING PARTY shall require the contractor who is awarded
the contract for the construction of the PROJECT to provide, as a
minimum, insurance in the amounts specified in and in accordance with
the DEPARTMENT'S current Standard Specifications for Construction,
and to:
(1) Maintain bodily injury and property damage insurance for the
duration of the PROJECT.
(2) Provide owner's protective liability insurance naming as insureds
the State of Michigan, the Michigan State Transportation
Commission, the DEPARTMENT and its officials, agents and
employees, the REQUESTING PARTY and any other party with
jurisdiction for the roadway being constructed as the PROJECT,
and their employees, for the duration of the PROJECT and to
provide copies of certificates of insurance to the insureds. It is
understood that the DEPARTMENT does not assume either
ownership of any portion of the PROJECT or jurisdiction of any
REQUESTING PARTY highway as a result of being named as an
insured on the owner's protective liability insurance policy.
(3) Comply with the requirements of notice of cancellation and
reduction of insurance set forth in the current Standard
Specifications for Construction and to provide copies of notices
and reports prepared to those insured.
5. The PROJECT COST shall be met in part by contributions by TED FUNDS.
TED FUNDS Category F shall be applied to the eligible items of the PROJECT COST up to an
amount not to exceed the lesser of: (1) 45 percent of the approved and responsible low bid
amount, or (2) $375,000, the grant amount. The balance, if any, of the PROJECT COST, after
deduction of TED FUNDS, is the sole responsibility of the REQUESTING PARTY.
The REQUESTING PARTY shall be responsible for the payment of all costs and
expenses incurred in the performance of PROJECT work.
01/23/03 TEDDIR.FOR 10/6/22 4
Based upon the final cost of the PROJECT and/or a request by the REQUESTING
PARTY, a payment adjustment may be initiated and/or authorized by the DEPARTMENT for
eligible items of the PROJECT COST such that the total amount of TED FUNDS does not
exceed the grant amount. The REQUESTING PARTY shall certify all actual costs incurred for
work performed under this contract that are eligible for payment with TED FUNDS and will be
required to repay any TED FUNDS it received in excess of 45 percent of the total of such costs.
6. The REQUESTING PARTY shall establish and maintain adequate records and
accounts relative to the cost of the PROJECT. Said records shall be retained for a period of three
(3) years after completion of construction of the PROJECT and shall be available for audit by the
DEPARTMENT. In the event of a dispute with regard to allowable expenses or any other issue
under this contract, the REQUESTING PARTY shall continue to maintain the records at least
until that dispute has been finally decided and the time after all available challenges or appeals of
that decision has expired.
The DEPARTMENT, or its representative, may inspect, copy, or audit the records at any
reasonable time after giving reasonable notice.
The REQUESTING PARTY, within six (6) months of completion of the PROJECT and
payment of all items of PROJECT COST related thereto, shall make a final reporting of
construction costs to the DEPARTMENT and certify that the PROJECT has been constructed in
accordance with the PROJECT plans, specifications, and construction contract.
In the event that an audit performed by or on behalf of the DEPARTMENT indicates an
adjustment to the costs reported under this contract or questions the allowability of an item of
expense, the DEPARTMENT shall promptly submit to the REQUESTING PARTY a Notice of
Audit Results and a copy of the audit report which may supplement or modify any tentative
findings verbally communicated to the REQUESTING PARTY at the completion of an audit.
Within sixty (60) days after the date of the Notice of Audit Results, the REQUESTING
PARTY shall: (a) respond in writing to the responsible Bureau or the DEPARTMENT indicating
whether or not it concurs with the audit report, (b) clearly explain the nature and basis for any
disagreement as to a disallowed item of expense, and (c) submit to the DEPARTMENT a written
explanation as to any questioned or no opinion expressed item of expense, hereinafter referred to
as the “RESPONSE”. The RESPONSE shall be clearly stated and provide any supporting
documentation necessary to resolve any disagreement or questioned or no opinion expressed
item of expense. Where the documentation is voluminous, the REQUESTING PARTY may
supply appropriate excerpts and make alternate arrangements to conveniently and reasonably
make that documentation available for review by the DEPARTMENT. The RESPONSE shall
refer to and apply the language of the contract. The REQUESTING PARTY agrees that failure
to submit a RESPONSE within the sixty (60) day period constitutes agreement with any
disallowance of an item of expense and authorizes the DEPARTMENT to finally disallow any
items of questioned or no opinion expressed cost.
01/23/03 TEDDIR.FOR 10/6/22 5
The DEPARTMENT shall make its decision with regard to any Notice of Audit Results
and RESPONSE within one hundred twenty (120) days after the date of the Notice of Audit
Results. If the DEPARTMENT determines that an overpayment has been made to the
REQUESTING PARTY, the REQUESTING PARTY shall repay that amount to the
DEPARTMENT or reach agreement with the DEPARTMENT on a repayment schedule within
thirty (30) days after the date of an invoice from the DEPARTMENT. If the REQUESTING
PARTY fails to repay the overpayment or reach agreement with the DEPARTMENT on a
repayment schedule within the thirty (30) day period, the REQUESTING PARTY agrees that the
DEPARTMENT shall deduct all or a portion of the overpayment from any funds then or
thereafter payable by the DEPARTMENT to the REQUESTING PARTY under this contract or
any other agreement, or payable to the REQUESTING PARTY under the terms of 1951 PA 51,
as applicable. Interest will be assessed on any partial payments or repayment schedules based on
the unpaid balance at the end of each month until the balance is paid in full. The rate of interest
will be based on the Michigan Department of Treasury common cash funds interest earnings.
The rate of interest will be reviewed annually by the DEPARTMENT and adjusted as necessary
based on the Michigan Department of Treasury common cash funds interest earnings. The
REQUESTING PARTY expressly consents to this withholding or offsetting of funds under those
circumstances, reserving the right to file a lawsuit in the Court of Claims to contest the
DEPARTMENT’S decision only as to any item of expense the disallowance of which was
disputed by the REQUESTING PARTY in a timely filed RESPONSE.
The REQUESTING PARTY shall comply with the Single Audit Act of 1984, P.L.
998-502 and applicable State laws and regulations relative to audit requirements.
7. Upon completion of construction of the PROJECT, the REQUESTING PARTY
will cause to be enacted and enforced such ordinances or regulations as may be necessary to
prohibit parking in the roadway right-of-way throughout the limits of the PROJECT.
8. The REQUESTING PARTY certifies that it is not aware if and has no reason to
believe that the property on which the work is to be performed under this agreement is a facility,
as defined by the Michigan Natural Resources and Environmental Protection Act [(NREPA), PA
451, 1994, as amended 2012]; MCL 324.20101(1)(s). The REQUESTING PARTY also
certifies that it is not a liable party pursuant to either Part 201 or Part 213 of NREPA, MCL
324.20126 et seq. and MCL 324.21323a et seq. The REQUESTING PARTY is a local unit of
government that has acquired or will acquire property for the use of either a transportation
corridor or public right-of-way and was not responsible for any activities causing a release or
threat of release of any hazardous materials at or on the property. The REQUESTING PARTY
is not a person who is liable for response activity costs, pursuant to MCL 324.20101 (vv) and
(ww).
9. If, subsequent to execution of this contract, previously unknown hazardous
substances are discovered within the PROJECT limits, which require environmental remediation
pursuant to either State or federal law, the REQUESTING PARTY, in addition to reporting that
fact to the Michigan Department of Environment, Great Lakes, and Energy , shall immediately
01/23/03 TEDDIR.FOR 10/6/22 6
notify the DEPARTMENT, both orally and in writing of such discovery. The DEPARTMENT
shall consult with the REQUESTING PARTY to determine if it is willing to pay for the cost of
remediation and to determine the eligibility, for reimbursement, of the remediation costs. The
REQUESTING PARTY shall pay all costs associated with such remediation, including all delay
costs of the contractor for the PROJECT. If the REQUESTING PARTY refuses to participate in
the cost of remediation, the amount of TED FUNDS the REQUESTING PARTY received from
Grant #1009 shall be forfeited back to the DEPARTMENT.
10. If State funds administered by the DEPARTMENT are used to pay the cost of
remediating any hazardous substances discovered after the execution of this contract and if there
is a reasonable likelihood of recovery, the REQUESTING PARTY, in cooperation with the
Michigan Department of Environment, Great Lakes, and Energy and the DEPARTMENT, shall
make a diligent effort to recover such costs from all other possible entities. If recovery is made,
the DEPARTMENT shall be reimbursed from such recovery for the proportionate share of the
amount paid by the DEPARTMENT and the DEPARTMENT shall credit such sums to the
appropriate funding source.
11. The DEPARTMENT'S sole reason for entering into this contract is to enable the
REQUESTING PARTY to obtain and use funds provided by the State.
Any and all approvals of, reviews of, and recommendations regarding contracts,
agreements, permits, plans, specifications, or documents, of any nature, or any inspections of
work by the DEPARTMENT pursuant to the terms of this contract are done to assist the
REQUESTING PARTY in meeting program guidelines in order to qualify for available funds.
Such approvals, reviews, inspections and recommendations by the DEPARTMENT shall not
relieve the REQUESTING PARTY and the local agencies, as applicable, of their ultimate
control and shall not be construed as a warranty of their propriety or that the DEPARTMENT is
assuming any liability, control or jurisdiction.
The providing of recommendations or advice by the DEPARTMENT does not relieve the
REQUESTING PARTY and the local agencies, as applicable, of their exclusive jurisdiction of
the highway and responsibility under MCL 691.1402 et seq., as amended.
When providing approvals, reviews and recommendations under this contract, the
DEPARTMENT is performing a governmental function, as that term is defined in MCL
691.1401 et seq. as amended, which is incidental to the completion of the PROJECT.
12. The DEPARTMENT, by executing this contract, and rendering services pursuant
to this contract, has not and does not assume jurisdiction of the highway, described as the
PROJECT for purposes of MCL 691.1402 et seq., as amended. Exclusive jurisdiction of such
highway for the purposes of MCL 691.1402 et seq., as amended, rest with the REQUESTING
PARTY and other local agencies having respective jurisdiction.
01/23/03 TEDDIR.FOR 10/6/22 7
13. The REQUESTING PARTY shall approve all of the plans and specifications to
be used on the PROJECT and shall be deemed to have approved all changes to the plans and
specifications when put into effect. It is agreed that ultimate responsibility and control over the
PROJECT rests with the REQUESTING PARTY and local agencies, as applicable.
Upon completion of the PROJECT, the REQUESTING PARTY shall accept the facilities
constructed as built to specifications within the contract documents. It is understood that the
REQUESTING PARTY shall own the facilities and shall operate and maintain the facilities in
accordance with all applicable Federal and State laws and regulations, including, but not limited
to, Title II of the Americans with Disabilities Act (ADA), 42 USC 12131 et seq., and its
associated regulations and standards, and DEPARTMENT Road and Bridge Standard Plans and
the Standard Specifications for Construction.
14. The REQUESTING PARTY agrees that the costs reported to the DEPARTMENT
for this contract will represent only those items that are properly chargeable in accordance with
this contract. The REQUESTING PARTY also certifies that it has read the contract terms and
has made itself aware of the applicable laws, regulations, and terms of this contract that apply to
the reporting of costs incurred under the terms of this contract.
15. Each party to this contract will remain responsible for any and all claims arising
out of its own acts and/or omissions during the performance of the contract, as provided by this
contract or by law. In addition, this is not intended to increase or decrease either party’s liability
for or immunity from tort claims. This contract is also not intended to nor will it be interpreted
as giving either party a right of indemnification, either by contract or by law, for claims arising
out of the performance of this contract.
16. In connection with the performance of PROJECT work under this contract the
parties hereto (hereinafter in Appendix “A” referred to as the “contractor”) agree to comply with
the State of Michigan provisions for “Prohibition of Discrimination in State Contracts,” as set
forth in Appendix A, attached hereto and made a part hereof. The parties further covenant that
they will comply with the Civil Rights Acts of 1964 being P.L. 88-352, 78 Stat. 241, as
amended, being Title 42 U.S.C. Sections 1971, 1975a-1975d, and 2000a-2000h-6, and will
require similar covenants on the part of any contractor or subcontractor employed in the
performance of this contract.
17. The REQUESTING PARTY and other local agencies, as applicable parties,
understand and agree that the highway(s) or street(s) being improved under the terms of this
agreement and funded with Transportation Economic Development Funds, shall not be subject to
any restriction by local authorities in using certain commercial vehicles on such highway(s) or
street(s). Such restrictions are in conflict with the basic concept of the Transportation Economic
Development Program and Funding. The REQUESTING PARTY, by signing this agreement,
agrees to obtain concurrence from other local governmental agencies within whose jurisdiction
or control the highway(s) or street(s) are being improved.
01/23/03 TEDDIR.FOR 10/6/22 8
18. This contract shall become binding on the parties hereto and of full force and
effect upon the signing thereof by the duly authorized officials for the parties hereto and upon the
adoption of the necessary resolution approving said contract and authorizing the signatures
thereto of the respective officials of the REQUESTING PARTY, a certified copy of which
resolution shall be attached to this contract.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed as
written below.
CITY OF MUSKEGON MICHIGAN DEPARTMENT
OF TRANSPORTATION
By___________________________ By____________________________
Title: Department Director MDOT
By___________________________
Title:
REVIEWED
By Larry Doyle at 11:00 am, 10/24/22
01/23/03 TEDDIR.FOR 10/6/22 9
October 6, 2022
EXHIBIT I
CONTROL SECTION EDF 61000
JOB NUMBER 215087CON
ESTIMATED COST
Estimated PROJECT COST
Contracted Work $825,200
ESTIMATED COST PARTICIPATION
GRAND TOTAL ESTIMATED COST $825,200
Less TED FUNDS* $371,340
BALANCE (REQUESTING PARTY'S SHARE) $453,860
NO DEPOSIT
*TED FUNDS for the PROJECT are limited to an amount as described in Section 5.
01/23/03 TEDDIR.FOR 10/6/22 10
APPENDIX A
PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
In connection with the performance of work under this contract; the contractor agrees as follows:
1. In accordance with Public Act 453 of 1976 (Elliott-Larsen Civil Rights Act), the
contractor shall not discriminate against an employee or applicant for employment with
respect to hire, tenure, treatment, terms, conditions, or privileges of employment or a
matter directly or indirectly related to employment because of race, color, religion,
national origin, age, sex, height, weight, or marital status. A breach of this covenant will
be regarded as a material breach of this contract. Further, in accordance with Public Act
220 of 1976 (Persons with Disabilities Civil Rights Act), as amended by Public Act 478
of 1980, the contractor shall not discriminate against any employee or applicant for
employment with respect to hire, tenure, terms, conditions, or privileges of employment
or a matter directly or indirectly related to employment because of a disability that is
unrelated to the individual’s ability to perform the duties of a particular job or position. A
breach of the above covenants will be regarded as a material breach of this contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a
portion of the work set forth in this contract is to be performed, shall contain a covenant
the same as hereinabove set forth in Section 1 of this Appendix.
3. The contractor will take affirmative action to ensure that applicants for employment and
employees are treated without regard to their race, color, religion, national origin, age,
sex, height, weight, marital status, or any disability that is unrelated to the individual’s
ability to perform the duties of a particular job or position. Such action shall include, but
not be limited to, the following: employment; treatment; upgrading; demotion or transfer;
recruitment; advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
4. The contractor shall, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, national origin, age, sex, height,
weight, marital status, or disability that is unrelated to the individual’s ability to perform
the duties of a particular job or position.
5. The contractor or its collective bargaining representative shall send to each labor union or
representative of workers with which the contractor has a collective bargaining
agreement or other contract or understanding a notice advising such labor union or
workers’ representative of the contractor’s commitments under this Appendix.
6. The contractor shall comply with all relevant published rules, regulations, directives, and
orders of the Michigan Civil Rights Commission that may be in effect prior to the taking
of bids for any individual state project.
7. The contractor shall furnish and file compliance reports within such time and upon such
forms as provided by the Michigan Civil Rights Commission; said forms may also elicit
information as to the practices, policies, program, and employment statistics of each
subcontractor, as well as the contractor itself, and said contractor shall permit access to
the contractor’s books, records, and accounts by the Michigan Civil Rights Commission
and/or its agent for the purposes of investigation to ascertain compliance under this
contract and relevant rules, regulations, and orders of the Michigan Civil Rights
Commission.
8. In the event that the Michigan Civil Rights Commission finds, after a hearing held
pursuant to its rules, that a contractor has not complied with the contractual obligations
under this contract, the Michigan Civil Rights Commission may, as a part of its order
based upon such findings, certify said findings to the State Administrative Board of the
State of Michigan, which State Administrative Board may order the cancellation of the
contract found to have been violated and/or declare the contractor ineligible for future
contracts with the state and its political and civil subdivisions, departments, and officers,
including the governing boards of institutions of higher education, until the contractor
complies with said order of the Michigan Civil Rights Commission. Notice of said
declaration of future ineligibility may be given to any or all of the persons with whom the
contractor is declared ineligible to contract as a contracting party in future contracts. In
any case before the Michigan Civil Rights Commission in which cancellation of an
existing contract is a possibility, the contracting agency shall be notified of such possible
remedy and shall be given the option by the Michigan Civil Rights Commission to
participate in such proceedings.
9. The contractor shall include or incorporate by reference, the provisions of the foregoing
paragraphs (1) through (8) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Michigan Civil Rights Commission; all subcontracts
and purchase orders will also state that said provisions will be binding upon each
subcontractor or supplier.
Revised June 2011
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 7, 2022 Title: Trash Compactors
Submitted By: Matt Schwemin, Parks Supervisor Department: Parks
Brief Summary: Staff requests authorization to sign a three-year lease for 14 self-compacting
trash receptacles at Pere Marquette and Margaret Drake Elliot parks.
Detailed Summary & Background:
These 50 gallon capacity, self-compacting units from Connect by BigBelly would enhance the
shoreline look and be one direct result of the paid for parking benefit. Not only will the units look
aesthetically pleasing as opposed to the current metal open face cans, but with a fully enclosed
system, less trash would blow out of the units onto the beach.
Current walkway pads allow for placement and not block those with ADA needs. The units are sturdy
in nature and can handle the winds and sands at the beach location according to the manufacturer.
The biggest goal with the three-year lease period is to not only see how much the cans get used, but
also to see how the units stand up to the elements. We will have the ability to extend the lease or
purchase units at the end of the three-year period.
Local suppliers can provide liners for the units. The manufacture does have a subsidiary in Kentucky
that can provide liners if need be. The units also provide options to advertise or brand; staff is still
discussing the pros and cons of this option and will proceed carefully, if at all. The units do connect to
the internet if available, and will notify staff of the need for emptying and include usage data.
During the off season, roughly October through April, we have enclosed storage available at Margaret
Drake Elliot for the units. Depending on how maneuverable they are and the installation needs, staff
is considering locating them downtown during the off season. The three-year lease provides annual
maintenance and troubleshooting, however placement of the units and removal each season would
depend on Parks staff. The units are large and would require heavy machinery to move.
Staff has performed a financial comparison, and while these units are about twice as expensive as
traditional receptacles we calculate we will recoup that cost and more by reducing the times they need
to be emptied and reducing litter cleanup in the area. The current budget includes $10,000 for these
units. The actual impact to this year’s budget will be approximately $4,549.11 (for three months of
lease payments). Future budgets will include for the exact lease amounts per fiscal year.
Goal/Focus Area/Action Item Addressed:
Destination Community & Quality of Life – Enhanced Parks & Recreation Department and Services
Amount Requested: $ 4,549.11 (FY22) Amount Budgeted: $10,000 (FY22)
$54,589.32 (Over 3 Years) $54,589.32 (Total Including Future Budgets)
Fund(s) or Account(s): 101-770-762 (Parks) Fund(s) or Account(s): 110-770-762 (Parks)
Recommended Motion: Authorize staff to enter into a three-year lease agreement with Connect by
BigBelly for a total of $54,589.32 over three years for 14 self-compacting 50 gallon trash receptacles.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
For City Clerk Use Only:
Commission Action:
Quote Number: Q39726-4
October 4, 2022
Executive Summary Proposal
CITY OF MUSKEGON
Program Overview
Connect LX is Bigbelly’s turnkey smart city solution which delivers a connected smart waste and recycling platform and
provides Customers with a partner to help deploy, manage, and optimize their customized solution over a 36-month term.
This subscription-based service was designed to deliver a flexible, scalable, smart platform that transforms waste
operations today, and enables Customers to benefit from the technology innovations of the future.
Connect LX 36 Month Term
System Software Automated System Monitoring
CLEAN Management Console Licenses for Full Term
Automated System Diagnostics and Alerts
CLEAN Mobile Software Licenses for Full Term
Equipment/Hardware Cleaning and Inspection
Custom Configuration as Detailed Below Annual Comprehensive Station Cleaning
Annual Station Inspection
Station Installation Warranty
Hardware Parts Warranty for Full Term
Expanded Warranty Coverage for Battery End-of-Life
On-Site Installation for Stations
Replacement and Network Communication
Upgrades for Full Term
Setup and Training Customer Support
CLEAN Software Account Setup Customer Support Hotline and Trained Field Service
System Training & Onboarding Professionals
Equipment/Hardware Configuration
12 HC5 Single Station with Foot Pedal
Total Monthly System Cost $1,502.28
One Time Fees
(5) Boxes of HC Bags (Box of 50) $192.50
Shipping $2,130.00
1Pricing is valid for 60 days from October 4, 2022.
2Sales Tax is NOT included in above pricing.
3Pricing is subject to Connect Program Terms and Conditions.
Connect LX by Bigbelly Executive Summary Proposal Bigbelly 2022
v2022Jan19
Quote Number: Q41098-1
October 4, 2022
Executive Summary Proposal
CITY OF MUSKEGON
Program Overview
Connect LX is Bigbelly’s turnkey smart city solution which delivers a connected smart waste and recycling platform and
provides Customers with a partner to help deploy, manage, and optimize their customized solution over a 36-month term.
This subscription-based service was designed to deliver a flexible, scalable, smart platform that transforms waste
operations today, and enables Customers to benefit from the technology innovations of the future.
Connect LX 36 Month Term
System Software Automated System Monitoring
CLEAN Management Console Licenses for Full Term
Automated System Diagnostics and Alerts
CLEAN Mobile Software Licenses for Full Term
Equipment/Hardware Cleaning and Inspection
Custom Configuration as Detailed Below Annual Comprehensive Station Cleaning
Annual Station Inspection
Station Installation Warranty
Hardware Parts Warranty for Full Term
Expanded Warranty Coverage for Battery End-of-Life
On-Site Installation for Stations
Replacement and Network Communication
Upgrades for Full Term
Setup and Training Customer Support
CLEAN Software Account Setup Customer Support Hotline and Trained Field Service
System Training & Onboarding Professionals
Equipment/Hardware Configuration
2 HC5/SC5.5 Double Station with Hoppers and Foot Pedals
Total Monthly System Cost $432.96
One Time Fees
(1) Box of HC Bags (Box of 50) $38.50
(1) Box of SC Bags (Box of 100) $58.00
Shipping $980.00
1Pricing is valid for 60 days from October 4, 2022.
2Sales Tax is NOT included in above pricing.
3Pricing is subject to Connect Program Terms and Conditions.
Connect LX by Bigbelly Executive Summary Proposal Bigbelly 2022
v2022Jan19
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 7th, 2022 Title: LRS ARP Updated Construction
Agreement
Submitted By: Jake Eckholm Department: Development Services
Brief Summary:
Staff is requesting that Commission amend the construction and development agreement with Mr.
Rubin Briggs, LRS Enterprises to accommodate a Priority Related Investment Loan from the
Community Foundation for Muskegon County.
Detailed Summary & Background:
Mr. Briggs proved capable of working with the city during the Jackson Hill Infill Housing Pilot,
where 2 homes on Leonard were constructed. Commission awarded LRS Enterprises with an ARP
agreement for 6 homes, with half the money from ARP and the other half from the developer’s own
financing. We have found this to be a hardship for smaller, minority owned builders who do not
have the access to capital of some of our larger partners.
In an effort to be equitable and not let a systemic barrier to our own program disqualify builders of
color, staff has secured a Priority Related Investment Loan from the Community Foundation for
Muskegon County to cover Mr. Briggs’ $750,000 of the original contract. This would be a loan in
the city’s name at prime (5.5%) plus 2 percent interest with a .5% increase on January 1, 2023,
and would be paid back first as the homes sell. Any additional profits from sale would go the Public
Improvement Fund. The updated purchase agreement reflects this PRI, which will return to the
Commission for final approval and signatures. The Act 99 Installment Purchase Agreement
agenda item on this docket is a precursor to the PRI approval.
Goal/Focus Area/Action Item Addressed:
Goal 1 (Image) Housing Focus Area, Goal 2 (Quality of Life) Housing Focus Area, Action Item 21-8
Expand Housing Options, Goal 3 (Revitalize Revenues) Social Equity Focus Area, Action Item 21-
11 Increase Opportunities for Minorities in Economic Development, and Goal 3 (Revitalize
Revenues) Housing Focus Area, Action Item 21-13 Increase Property Values in Urban Core and
Eastside Neighborhoods
Amount Requested: $750,000 Amount Budgeted: N/A
Fund(s) or Account(s): (101) to (404) Fund(s) or Account(s): N/A
Recommended Motion: Motion to accept the construction agreement as presented and to
authorize the Mayor and Clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
For City Clerk Use Only:
Commission Action:
RESIDENTIAL CONSTRUCTION AGREEMENT
This Agreement is effective on __________________, 2022 (“Effective Date”) between LRS
Enterprises of 525 South Dangl Street, Muskegon, MI 49442 (“Builder”) and THE CITY OF
MUSKEGON of 933 Terrace Street, Muskegon, MI 49440 (“Owner”) with reference to the following
facts:
Background
Builder and Owner (individually, a “Party” or collectively, “Parties”) agree that Builder shall
develop five (5) lots with six (6) owner-occupied housing units (collectively the “Residences”) for Owner
on the terms and conditions set forth in this Agreement and in the general conditions attached as Exhibit
A (“General Conditions”).
The parties agree as follows:
1. Building Site. Owner owns the building sites located at 754 Leonard, 750 Leonard, 740
Leonard, 730 Leonard, and 628 Mulder Street, Muskegon, Michigan 49442 and legally described on
Exhibit B (the “Property”). Owner has agreed to hire Builder to build the Residences on the Property.
2. The Residences. Builder shall build the Residences in accordance with the plans and
specifications attached as Exhibit C (the “Plans”).
3. Price. The total price for constructing the Residences shall be One Million Five Hundred
Thousand Dollars and 00/100 ($1,500,000.00) (“Price”).
4. Estimated Completion Date. Builder shall commence construction of the Residences within
____ days from the Effective Date (“Commencement Date”). Builder shall complete the Residences
within ____ weeks of the Commencement Date (“Completion Date”).
5. General Conditions. Owner and Builder agree to all of the General Conditions attached to
this Agreement as Exhibit A.
Builder – LRS Enterprises
By: ________________________________
Name: ________________________________
Title: ________________________________
Date: ________________________________
Owner –THE CITY OF MUSKEGON
By: ________________________________
Name: ________________________________
Title: ________________________________
Date: ________________________________
EXHIBIT A
GENERAL CONDITIONS
1. Payment of the Price. The Price shall be paid in accordance with the following schedule
(“Payment Schedule”):
a. Foundation installed……………………………… 20% of the Price
b. Mechanicals installed…………………………….. 40% of the Price
c. Certification of Occupancy……………………..... 30% of the Price
d. Completion of Punch List Items………….……… 10% of the Price
2. Costs Included in Price. Unless excluded by Section 3 or adjusted as set forth in Sections 4,
the Price is fixed and includes all cost of labor and materials purchased, including all sales taxes
incurred by Builder, for complete construction of the Residences. Price is not based on allowances or
estimates of costs for items to be added to the Residences. The Price includes:
a. A security system;
b. A driveway;
c. Curb cut (Builder may use existing curb cut unless damaged);
d. Sod/seed over the entire front, back and side yards;
e. A street tree;
f. A small landscape package along each side of the Residences with street frontage;
g. Edging and mulch;
h. Builder fee in the amount of 10% of the Price.
3. Costs Excluded From Price. Owner shall be responsible for each of the following items and
the cost of each item shall be excluded from the Price and the sole responsibility of Owner:
a. Lot Lines. Prior to the Commencement Date Owner shall own the Property with new
lot lines established as depicted on the Site Plan.
b. Site Preparation. Prior to the Commencement Date, Owner will prepare the Property
for construction of the Residence, including the removal of the following:
i. existing fences;
ii. community garden;
iii. existing sidewalks; and,
iv. debris.
c. Water and Sewer Leads. Owner will provide water and sewer leads to the Residence.
d. Permit and Connection Fees. Owner shall be responsible for any municipal permits,
connection fees, tap fees or assessments, including sewer and water connection fees.
e. Site Variance. Any abnormal site conditions discovered during excavation will be
communicated to Owner along with an estimated cost to proceed with construction.
Examples include such items as buried debris, bad soils, or rear yard drainage constraints.
Any additional site work required will be corrected by Owner unless Owner authorizes
Builder to correct any site variance issues in writing and the appropriate Change Order is
fully executed.
1
f. Damaged Curb Cuts. Any damaged curb cuts will either be approved for use or
removed by Owner.
g. Irrigation. Irrigation can be added for $3,000, provided the appropriate Change Order
is fully executed.
h. Future Security System Service Fees. Ongoing monitoring service fees will be the
responsibility of Owner or subsequent owner.
4. Modifications/Extras. No modifications to the Plans (“Modifications”) or requests for
additional construction (“Extras”) shall be binding upon either party, unless the Modifications or
Extras are set forth on a written Change Order that is signed by Builder and Owner in substantially
the form as attached Exhibit E (“Change Order”). The Change Order must provide a detailed
description of the Modifications or Extras and the cost or credit to be charged. In those instances
where a Change Order increases or decreases the Price by more than $200 (“Adjusted Price”), the
Adjusted Price shall be paid according to the remaining portion of the Payment Schedule.
5. Payments, Sworn Statement and Lien Waivers. Payments required by the Payment
Schedule shall be made within 10 days of Builder’s invoice by Owner to Transnation Title Insurance
Company of 570 Seminole, Muskegon, Michigan 49441(the “Title Company”). Builder will deliver
to the Title Company a sworn statement showing all amounts due for labor and materials furnished in
connection with construction of the Residences or other improvements to the Property through the
date of Builder’s invoice together with waivers of lien showing all amounts from any previous draw
have been paid in full. The Title Company shall pay Builder per the Payment Schedule within 2
business days of approval by the Title Company of the last sworn statement provided proper partial
unconditional waivers of lien from Builder and for each supplier and sub-contractor to whom
payment has been made are received and approved by the Title Company.
6. Possession. Owner shall be entitled to possession of the Residences upon payment of the
Price in full.
7. Extension of Dates. Any date may be extended by agreement of the Builder and Owner and
the Commencement Date and the Completion Date may be extended as a result of circumstances
beyond the control of Builder, including, but not limited to, delays caused by suppliers or
subcontractors, delays for utility hook-ups, Acts of God, labor disputes, governmental inspections,
regulations, or permit processes, material back orders, Owner’s requests for Change Orders, fire,
injury or disability to Builder, or weather.
8. Builder's Warranties. Builder shall complete the Residences and all improvements on the
Property timely and in a first class manner. All building materials used in the construction of the
Residences shall be new. Builder guarantees its workmanship for a period of 12 months from the
date of sale or lease of the Residences to a party other than Owner or 24 months from the date of the
Certificate of Occupancy, whichever first occurs (“Warranty Period”). This warranty is fully
transferable by Owner and may be assigned to a 3rd party. Within the Warranty Period, Builder may
replace, at its option, any materials incorporated into the Residences which are defective. To make a
claim under this warranty, Owner or its successor must give Builder written notice of any such defect
in the workmanship and/or materials promptly upon discovery and not later than expiration of the
Warranty Period. This warranty does not apply to workmanship or materials requiring repair or
replacement because of normal wear and tear, natural settling or mold. Builder shall turn over and
transfer to Owner all manufacturers’ warranties that are delivered directly to Builder by the
manufacturer at the time of final payment by Owner. In addition to this warranty between Builder and
Owner and successors of Owner, Builder shall also provide to Owner and successors of Owner at no
cost to Owner the Ten Year Warranty for New Homes provided by Residential Warranty Company,
2
LLC attached as Exhibit F (“Long Term Warranty”). Nothing in the Long Term Warranty shall limit
the scope of the warranties provided by Builder to Owner or its successors.
9. Owner's Warranties. Owner covenants and warrants that Owner owns the Property in fee
simple, free and clear of all liens, except for those encumbrances specifically set forth on Exhibit G.
Owner shall provide evidence satisfactory to Builder, such as a commitment for title insurance issued
by the Title Company, which indicates such ownership. Owner shall locate the exact location of the
Residences on the Property. All corners of the Property and the Residences shall be clearly marked
with surveyor stakes. Owner covenants and agrees that such location is in compliance with all
applicable federal, state, and local rules and regulations, including, but not limited to, building
restrictions, set-back requirements and zoning ordinances.
10. License. Builder is a residential builder and a residential maintenance and alteration
contractor and is required to be licensed under article 24 of Act 299 of the Public Acts of 1980, as
amended, being sections 339.2401 to 399.2412 of the Michigan Compiled Laws. An electrician is
required to be licensed under Act No. 217 of the Public Acts of 1956, as amended, being sections
338.881 to 338.892 of the Michigan Compiled Laws. A Plumber is required to be licensed under Act
No. 266 of the Public Acts of 1929, as amended, being sections 338.901 to 338.917 of the Michigan
Compiled Laws. Builder is licensed by the State of Michigan as a licensed Michigan Contractor and
maintains its license in good standing. Builder's License number is 2101155717 respectively.
11. Laws, Ordinances and Regulations. In connection with the construction of the Residences,
Builder shall meet and comply with all applicable laws, ordinances, and regulations, including the
Muskegon Historical District rules.
12. Notice of Commencement. Owner shall deliver a Notice of Commencement in accordance
with the Michigan Construction Lien Act within ten days of the Effective Date.
13. Risk of Loss. Until a Certificate of Occupancy is issued for the Residences the risk of loss for
the Residences lies solely with Builder. Provided, Owner shall be solely responsible for building
materials on Property and Owner shall reimburse Builder for the cost of building materials vandalized
or stolen from the Property.
14. Insurance. Builder shall procure and maintain an “all risk” insurance policy and shall name
Owner as an additional named insured. Builder shall maintain a policy of builder's insurance fully
insuring the Residences from the date construction commences until the date of substantial
completion. Owner may also maintain a policy of insurance on their interest in the Residences.
Builder shall also carry public liability insurance with coverage limits not less than $1,000,000
single-limit coverage and worker's compensation insurance in an amount not less than the statutory
minimum. Such policies shall name Owner as an additional named insured. Builder shall provide
Owner with evidence of such insurance upon request. Owner and Builder waive all rights against
each other for damages caused by fire or other perils to the extent covered by insurance provided
under this paragraph.
15. Diligent Pursuit. Builder shall diligently pursue its obligations under this Agreement.
16. Default. If either Party believes that the other Party has failed to comply with this
Agreement (“Default”), the non-defaulting Party shall provide the Defaulting Party not less than 10
days written notice of such non-compliance, a list of the non-defaulting Party’s specific complaints,
and a reasonable time within which the defaulting Party shall cure the Default (“Default Notice”). If
the defaulting Party fails to cure the Default within the period of time specified in the Default Notice,
the non-defaulting Party may pursue any and all remedies available, including specific performance
in that there may not be an adequate remedy at law. In addition, Owner may replace Builder with
3
another party to complete construction and may deduct from the Price any amount paid by Owner to
such third party to complete construction in accordance with the Plans. In the event either Party takes
any action to enforce this Agreement, the prevailing Party shall reimburse the other Party for all
expenses incurred by the prevailing Party, including attorney fees.
17. Cross Default. Contemporaneously with the execution of this Agreement, Owner and
Builder are entering into ___ similar agreements for the construction of homes similar to the
Residences on each of the ___ lots depicted on the Site Plan (“Other Agreements”). Owner and
Builder agree that a default of this Agreement or any of the Other Agreements shall constitute a
default of all Other Agreements and this Agreement.
18. Dispute Resolution. Any claim or demand of either party arising out of this Agreement,
including without limitation, claims of fraud, misrepresentation, warranty or negligence and that
exceeds $5,500 in value shall be submitted to binding arbitration. The parties shall attempt to agree
on a mutually agreeable independent arbitrator. If the parties are unable to mutually agree on an
arbitrator, and arbitrator shall be selected in accordance with the rules of the American Arbitration
Association. The arbitration shall be conducted in accordance with the rules of the American
Arbitration Association, Home Construction Arbitration Rules and Mediation Procedures. A Circuit
Court judgment may render judgment upon the award made pursuant to this Agreement. This
Agreement is specifically made subject to and incorporates the provisions of the Michigan Arbitration
Act, MCL 600.5001 et seq. The cost of such arbitration shall be divided equally between both
parties. Neither Party shall be required to submit to arbitration any claim or demand of a value less
than $5,500.
19. Miscellaneous.
a. Authority to Bind Owner. No approval, agreement or consent and no document
signed in connection with this Agreement shall be binding on Owner unless made, given or
signed by Frank Peterson, Cathy Brubaker-Clarke, or Derrick Smith.
b. Applicable Law. This Agreement is executed in, shall be governed by, and construed
and interpreted in accordance with the laws of the State of Michigan.
c. Entire Agreement. This writing shall constitute the entire Agreement, and shall
supersede any other Agreements, written or oral, that may have been made or entered into by the
parties with respect to the subject matter hereof, and shall not be modified or amended, except in
a subsequent writing signed by the party against whom enforcement thereof is sought.
d. Binding Effect. This Agreement shall be binding upon, inure to the benefit of, and be
enforceable by the parties and their respective legal representatives, successors, assigns, officers,
directors, employees, agents, heirs, executors, and administrators.
e. Full Execution. This Agreement requires the signature of both 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.
f. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original as against any party whose signature appears thereon, and all
of which together shall constitute one and the same instrument. This Agreement shall become
binding upon the parties when one or more counterparts, individually or taken together, shall bear
the signatures of all parties.
4
g. Non-Waiver. No waiver by any party of any provision of this Agreement shall
constitute a waiver by such party of such provision on any other occasion or a waiver by such
party of any other provision of the Agreement.
h. Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
enforceability of the remaining provisions shall not in any way be impaired or affected.
i. No Discrimination. Discrimination on the basis of religion, race, creed, color,
national origin, age, sex, marital status, or handicapped condition by either party in respect to the
construction of the Residences is prohibited.
j. Assignment or Delegation. Neither Builder nor Owner may assign all or any part of
this Agreement. Provided, that Builder may delegate all or any part of its obligations to perform
the services under this Agreement, to any persons or entities that Builder, in its sole discretion,
deems appropriate, including sub-contractors. Such delegation shall be at the sole expense of
Builder unless otherwise provided.
k. Notices. Any notices required or permitted to be given under this Agreement must be
in writing and sent to the address shown below (or such subsequent address as may be designated
by either party in writing) by certified mail, return receipt requested and postage prepaid, a
recognized courier service (Federal Express, UPS, or DHL), or by email with confirmation of
delivery received. The notice will be effective upon receipt.
To Builder:
LRS Enterprises
525 South Dangl Street
Muskegon, MI 49442
Attn: Rubin Briggs
Phone: 231-855-3775
E-mail: [email protected]
To Owner:
City of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon, MI 49443-0536
Attn: Jake Eckholm
Phone: 231-724-6780
Fax: 231-722-1214
E-mail: [email protected]
With a contemporaneous copy to:
Parmenter Law
601 Terrace Street
P.O. Box 786
Muskegon, Michigan 49443-0786
Attn: John Schrier
Phone: 231-722-5401
Fax: 231-722-5501
Email: [email protected]
5
l. Time is of the Essence. Builder and Owner acknowledge and agree that the time
related provisions set forth herein are critical and essential terms of this Agreement and that time
is of the essence with regard to the transactions contemplated in this Agreement. Failure to
strictly comply with the time related provisions of this Agreement will be considered a breach of
the entire Agreement.
m. Pronouns. For convenience, Owner has been referred to this Agreement sometimes in
the singular and at other times in the plural.
n. Notice of Sale or Lease. Upon the sale or lease of the Residences by Owner to a third
party, Owner shall provide notice to Builder of such sale or lease and provide builder with all
contact information for the buyer/tenant, including a phone number and an email address.
6
EXHIBIT B
LEGAL DESCRIPTION
EXHIBIT C
PLANS AND SPECIFICATIONS
EXHIBIT D
SITE PLAN
EXHIBIT E
CHANGE ORDERS
Owner has requested, and Builder agrees to the following Modifications to the Plans with the
cost/credit set forth below:
MODIFICATION COST CREDIT ADJUSTED PRICE
Builder -
By: ________________________________
Name: ________________________________
Title: ________________________________
Date: ________________________________
Owner – THE CITYOF MUSKEGON
By: ________________________________
Name: ________________________________
Title: ________________________________
Date: ________________________________
EXHIBIT F
LONG TERM WARRANTY
EXHIBIT G
PERMITTED ENCUMBRANCES
__________________________________
RESIDENTIAL CONSTRUCTION AGREEMENT
OWNER
THE CITY OF MUSKEGON
BUILDER
LRS Enterprises
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 7th, 2022 Title: LRS PRI Act 99 Installment
Purchase Agreement
Submitted By: Jake Eckholm Department: Development Services
Brief Summary:
Staff is requesting that Commission authorize the statutorily required Act 99 Installment Purchase
Agreement and Resolution.
Detailed Summary & Background:
Public Act 99 of 1933 is a statute which allows municipalities to borrow funds for real estate related
endeavors. We have previously used this Act to partner with the Community Foundation for
Muskegon County on the Jackson Hill Infill Pilot.
The attached resolution covers the requirements laid out in the Act, and has the Agreement itself
attached that is to be executed. This item is jointly presented for consideration along with the
Amended LRS Enterprises ARP Agreement.
Goal/Focus Area/Action Item Addressed:
Goal 1 (Image) Housing Focus Area, Goal 2 (Quality of Life) Housing Focus Area, Action Item 21-8
Expand Housing Options, Goal 3 (Revitalize Revenues) Social Equity Focus Area, Action Item 21-
11 Increase Opportunities for Minorities in Economic Development, and Goal 3 (Revitalize
Revenues) Housing Focus Area, Action Item 21-13 Increase Property Values in Urban Core and
Eastside Neighborhoods
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Motion to adopt the Resolution Authorizing the Installment Purchase
Agreement related to the Jackson Hill ARP Infill Housing Project as presented, and to authorize
the Mayor and Clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
For City Clerk Use Only:
Commission Action:
INSTALLMENT PURCHASE AGREEMENT
THIS AGREEMENT, dated as of _______________, 2022, by and among the City of
Muskegon, County of Muskegon, State of Michigan (the “City”), LRS Enterprises, Muskegon,
Michigan (the “Builder”), and the Community Foundation for Muskegon County, as assignee of
the Builder (the “Lender”), is as follows:
1. Purchase Price, Title and Useful Life. The City agrees to purchase and the Builder
agrees to construct, sell and deliver 6 single family residences on the property located at 754, 750,
740, 730, 720, and 716 Leonard Street (collectively, the “Property”), all as set forth in the
Residential Construction Agreement between the City and the Builder, dated as of November 7th,
2022 (the “Construction Agreement”) as attached hereto as Exhibit A, for the sum of $1,500,000
(the “Purchase Price”). The City will finance $750,000 of the Purchase Price by this Agreement
(the “Financed Price” or the “Loan”) and the balance of the Purchase Price will be paid by the City
to the Builder from its available funds.
The Financed Price will be payable by the City to the Lender as assignee of the Builder in
accordance with Section 3 hereof within three years from the anniversary date of the Loan. Upon
sale of each home, the resulting net proceeds shall be paid to the Lender and applied to the
outstanding Loan balance. If there remains a Loan balance after the sale of both homes, then the
City shall pay equal monthly payments of principal and interest on the first day of each month, at
the then applicable Interest Rate, amortized by the time remaining to three years from the
anniversary date of the Loan. Notwithstanding the foregoing, the entire principal balance and
accrued interest shall be due and payable in full on the three (3) year anniversary of the Loan. The
Loan may be prepaid at any time, in whole or in part, without penalty.
The City shall pay interest on the unpaid balance of the Financed Price to the Lender as the
assignee of the Builder in accordance with Section 3 hereof, at a rate of interest equal to the Federal
prime interest rate (currently 5.50%) plus two (2.0%) percent per annum on the outstanding
principle balance. Notwithstanding the foregoing, the interest rate will be adjusted annually, and
determined in December for the forthcoming year, not to exceed .50% or 50 basis points change in
any one year. The annual prime portion of the interest rate on the Note will be adjusted as defined
above, plus two (2.0%) percent (the “Interest Rate”), and readjusted in a like manner thereafter.
Upon receipt by the Builder of the Purchase Price for the Property, title and occupancy to
the Property shall vest in the City. The City agrees that the useful life of the Property is at least equal
to or longer than the date of the final payment hereunder.
2. Incorporation by Reference. The Builder and the City agree to all the instructions,
terms and conditions as may be outlined in the Construction Agreement and any supplements
thereto, which are hereby incorporated by reference in full herein. In the event of a conflict in terms
between this Agreement and the Construction Agreement regarding the financing of the Financed
Price, the specific terms of this Agreement shall govern.
3. Assignment to the Lender; Disbursement of Funds. The Builder hereby irrevocably
assigns this Agreement immediately to the Lender in consideration for and effective upon a
payment from the Lender to the Builder of the first draw of funds under this Agreement. The City
1
shall make a written request for disbursement for each draw of funds of the Loan, with a written
request by the City and submitted to the Lender at least 5 business days in advance of the
disbursement. The request for a disbursement shall specify the amount of the draw. The date of
receipt by the city of the first draw will mark the anniversary date of the Loan. Draws shall not be
made more frequently than once per calendar month. The proceeds of the draw shall only be used
to pay the Builder for the Property in accordance with the terms of the Construction Agreement
with the Builder.
The City hereby consents to said assignment, except with respect to the warranties and other
obligations of the Builder set forth in Section 2 and 5 of this Agreement, all of which shall remain
the sole responsibility of the Builder and shall not be assignable. With respect to the Lender, the
City hereby waives any defenses based upon warranty, failure, or inability of the Builder to perform
its non-assignable obligations or the failure of the Property to perform its intended function. To the
extent that funds are received by the City from the Lender in accordance with this paragraph, the
City’s obligation to the Lender is absolute and unconditional and shall remain in full force and
effect until the amount of the payment to the City by the Lender as specified in this paragraph
together with interest thereon shall have been paid by the City to the Lender, and such obligation
shall not be affected, modified or impaired upon the happening from time to time of any event,
including without limitation any of the following:
(a) Any failure of title with respect to the Builder’s or the City’s interest
in the Property specified herein or the invalidity, enforceability, or termination of
this Agreement;
(b) The modification or amendment (whether material or otherwise) of
any obligation, covenant or agreement set forth in this Agreement;
(c) The voluntary or involuntary liquidation, dissolution, sale or other
disposition of all or substantially all of the assets, marshaling of assets and
liabilities, receivership, insolvency, bankruptcy, assignment for the benefit of
creditors, reorganization, arrangement, composition with creditors or readjustment
or other similar proceedings affecting the Builder or any of its assets or any
allocation or contest of the validity of this Agreement, or the disaffirmance of this
Agreement in any such proceeding;
(d) To the extent permitted by law, any event or action which would, in
the absence of this clause, result in release or discharge by operation of law of the
Builder from the performance or observation of any obligation, covenant or
agreement contained in this Agreement; or
(e) The default or failure of the Builder fully to perform any of its
obligations set forth in this Agreement.
The City shall make payments to the Lender when due and shall not withhold any such
payments as a result of any disputes arising between the City and the Builder or any other person,
nor shall the City assert any right of set-off or counterclaim against its obligation to make such
2
payments or be entitled to any abatement of such payments as a result of accident or unforeseen
circumstances, or the Property being defective.
It is expressly agreed between the Builder, the City and the Lender, by acceptance of the
assignment of this Agreement, that the City shall make all payments of principal and interest of the
Financed Price directly to the Lender.
4. Reporting. The City covenants and agrees that until all payments of principal
and interest under this Agreement have been paid in full, it will:
(a) Use the funds strictly in accordance with the terms of this
Agreement.
(b) Permit the Lender to review and evaluate the Property funded by the
Loan, including visits to the Project and discussions with the City’s staff and City
Council.
(c) Provide the Lender with a quarterly written progress report on the
project.
5. Warranty. The Builder warrants its Property as set forth in the Construction
Agreement. Any warranties with respect to the Property shall not be assigned, but shall remain
enforceable by the City.
The Builder represents and warrants that the assignment to the Lender of this Agreement
does not violate any agreement, contract or loan agreement to which it is a party, and that the
Agreement has been duly executed and delivered by the Builder.
The Lender makes no warranty or representation, express or implied, as to any matter
whatsoever, including, without limitation, as to the merchantability or fitness for any particular
purpose of any of the Property or as to the value, design, condition, use, capacity or durability of
any of the Property. The City agrees that (a) the Lender has no liability for the delivery or
installation of the Property, (b) the Lender assumes no obligation with respect to any
manufacturer’s or Builder’s product warranties or guaranties, (c) neither Builder nor any
manufacturer or any representative of said parties is an agent of the Lender, and (d) any warranty,
representation, guaranty or agreement made by any manufacturer or by the Builder or any
representative of said parties shall not be binding upon the Lender.
6. Borrower Representations. The City makes the following representations to induce
the Lender to make the Loan:
(a) The City is a duly created, validly existing and fully constituted
political subdivision of the State of Michigan and has the power and authority to enter
into the Agreement.
3
(b) The Agreement is a valid and binding obligation of the City
enforceable against the City in accordance with its terms.
(c) There is no action, suit or proceeding pending or threatened
against the City in any material respect that could adversely impact its repayment
of the Loan.
(d) The City agrees that, in the performance of this Agreement,
it will not unlawfully discriminate in its employment practices, volunteer
opportunities, or the delivery of programs or services, on the basis of race, religion,
gender, national origin, age, medical condition, handicap, veteran status, marital
status, or sexual orientation.
7. Entire Agreement. This Agreement and the documents expressly incorporated by
reference herein constitute the entire agreement of the parties with respect to the financing of the
Property. All prior or contemporaneous agreements, understandings, representations, and
statements, oral or written, are hereby terminated.
8. Amendments. Any attempt to modify the terms of this Agreement or of any
supporting document shall be ineffectual unless in writing, signed by all parties and the City agrees
to secure the consent of the Lender to any such modifications, provided that the consent of the
Builder to the modification of any of the terms of payment by the City to the Lender shall not be
required.
9. Security. The obligation of the City to pay principal and interest under this
Agreement is a limited tax general obligation of the City. The City shall include in its budget and
pay each year, until this Agreement is paid in full, as a first budget obligation, such sum as may
be necessary each year to make all payments hereunder, when due. In addition, the City hereby
pledges to levy in each fiscal year ad valorem taxes on all taxable property in the City each year
in an amount necessary to make its debt service payments under this Agreement, subject to
applicable constitutional, statutory and charter tax rate limitations.
10. Legislative Authorization; Governing Law. This Agreement is made in accordance
with and pursuant to Act 99, Public Acts of Michigan, 1933, as amended. This Agreement shall
be construed in all respects in accordance with the laws of the State of Michigan.
10. Severability. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
11. Binding Effect. The covenants herein contained shall bind, and the benefits and
advantages shall inure to, the respective successors and permitted assigns of the parties hereto.
4
12. Counterparts. This Agreement may be signed in any number of counterparts, which
counterparts shall be considered as one and the same instrument. Facsimile copies of this
Agreement shall have the full force and effect of an original document.
CITY OF MUSKEGON
By:
Its: Mayor
By:
Its: City Clerk
COMMUNITY FOUNDATION FOR
MUSKEGON COUNTY
as Lender
By:
Its: _____________________
LRS ENTERPRISES
as Builder
By:
Its: Authorized Representative
5
EXHIBIT A
36892771.1/063684.00048
6
RESOLUTION AUTHORIZING
INSTALLMENT PURCHASE AGREEMENT
CITY OF MUSKEGON
County of Muskegon, State of Michigan
_______________________________________
Minutes of a regular meeting of the City Commission of the City of Muskegon, County of
Muskegon, State of Michigan, held on the 7th Day of November, 2022 at 5:30 p.m., prevailing
Eastern Time.
PRESENT: Members____________________________________________________
____________________________________________________________
ABSENT: Members____________________________________________________
The following preamble and resolution were offered by Member ___________________
and supported by Member _________________________:
WHEREAS, the City of Muskegon, County of Muskegon, State of Michigan (the “City”)
desires to acquire six single family residences on the property located at 754, 750, 740, 730, 720,
and 716 Leonard Street (collectively, the “Property”), all as set forth in the Residential
Construction Agreement between the City and LRS Enterprises, Muskegon, Michigan (the
“Builder”), dated as of November 7th, 2022 (the “Construction Agreement”); and
WHEREAS, under the provisions of Act No. 99, Public Acts of Michigan, 1933, as
amended (“Act 99”), the City is authorized to enter into any contracts or agreements for the
purchase of the Property to be paid for in installments over a period of not to exceed the useful life
of the Property acquired as determined by resolution of the City; and
WHEREAS, an Installment Purchase Agreement (the “Agreement”) between the City, the
Builder, and Community Foundation for Muskegon County (the “Lender”), for the installment
purchase of the Property has been prepared; and
WHEREAS, the City shall acquire the Property for the sum of $1,500,000 (the “Purchase
Price”) of which amount the total of $750,000 (the “Financed Price”) shall be financed through
the execution of the Agreement; and
WHEREAS, the outstanding balance of all purchases by the City under Act 99, exclusive
of interest, shall not exceed one and one quarter percent (1-1/4%) of the taxable value of the real
and personal property in the City at the date of such contract or agreement; and
WHEREAS, purchase of the Property pursuant to an installment purchase agreement will
not result in the outstanding balance of all such purchases in excess of the limitation contained
within Act 99 as set forth above; and
WHEREAS, the Agreement is to be assigned to the Lender; and
WHEREAS, it is necessary to approve the Agreement and authorize the Mayor and City
Clerk to execute the Agreement and authorize City officials to execute certain other documentation
relative thereto.
NOW THEREFORE, BE IT RESOLVED THAT;
1. Approval of Agreement; Agreement Terms. The Agreement is hereby approved
substantially in the form attached hereto as Exhibit A. The City shall incur the debt described in
the Agreement through execution of the Agreement by the officers authorized below which debt
shall consist of the Financed Price of $750,000 which shall be payable within three years of the
anniversary date of the first draw of the Financed Price, at a rate of interest equal to the federal
prime interest rate (currently 5.5%) plus two percent (2.0%) per annum from the date funds are
distributed by the Lender. The rate of interest on the Loan will be adjusted to the federal prime
interest rate then in effect plus two percent (2.0%) and readjusted on the yearly anniversary date of
the Loan, provided that the rate of interest will be adjusted annually on the yearly anniversary date
of the Loan to the federal prime interest rate then in effect plus (2.0%) percent per annum. The
Mayor, City Clerk and Finance Director are each hereby authorized to adjust the payment dates
and final details set forth herein to the extent necessary or convenient to complete the transaction
authorized herein, and in pursuance of the foregoing are each authorized to make determinations
regarding the principal and interest payment dates.
2. Execution and Delivery of Agreement. The Mayor and City Clerk are hereby
authorized and directed to execute the Agreement and deliver it to the Builder, substantially in the
form attached hereto with such additions, changes and modifications as shall be approved by the
City’s Bond Counsel.
3. Useful Life of Property. The useful life of the Property is hereby determined to be
not less than fifteen (15) years.
4. Authorization of Officers. The Mayor, City Clerk and City Treasurer are each
hereby authorized and directed to execute such additional documentation and open such accounts
as shall be necessary to effectuate the closing of the Agreement and the assignment thereof to the
Lender within the parameters set forth in this resolution.
5. Assignment of Agreement. The assignment of the Agreement by the Builder to the
Lender is hereby approved.
6. Security; Limited Tax Pledge. The City hereby agrees to include in its budget for
each year, commencing with the present fiscal year, a sum which will be sufficient to pay the
principal of and the interest coming due under the Agreement during such fiscal year. In addition,
the City hereby pledges to levy ad valorem taxes on all taxable property in the City each year in
an amount necessary to make its debt service payments under the Agreement, subject to applicable
constitutional, statutory and charter tax rate limitations.
-2-
7. Rescission. All resolutions and parts of resolutions insofar as they conflict with the
provisions of this resolution be and the same hereby are rescinded to the extent of such conflict.
AYES: Members _________________________________________________________
__________________________________________________________________
NAYS: Members _________________________________________________________
RESOLUTION DECLARED ADOPTED.
____________________________________
Ann Marie Meisch
City Clerk
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on December 8, 2020, and that said meeting was conducted and public notice
of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being
Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will
be or have been made available as required by said Act.
____________________________________
Ann Marie Meisch
City Clerk
-3-
Exhibit A
[Attach Form of Installment Purchase Agreement here]
36892841.1/063684.00048
A-1
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 7, 2022 Title: Sale of 1527 Hoyt
Street
Submitted By: LeighAnn Mikesell Department: City Manager
Brief Summary: Staff is requesting approval of the purchase agreement for 1527 Hoyt Street.
Detailed Summary & Background:
1527 Hoyt Street was constructed through the agreement with Dave Dusendang to construct infill
housing with ARPA funding.
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
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: to approve the purchase agreement for 1527 Hoyt Street.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head Information Technology
Other Division Heads Communication Yes
Legal Review No
For City Clerk Use Only:
Commission Action:
dotloop signature verification: dtlp.us/fF6C-Wamk-ejib
WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
# 1
DATE: 11/01/2022 , (time) MLS # 22025427
SELLING OFFICE: West Urban Realty BROKER LIC.#: 6505429509 REALTOR® PHONE: 616-366-2459
LISTING OFFICE: West Urban Realty REALTOR® PHONE: 6163662459
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: Mariana Murillo VanDam Email: [email protected] Lic.#: 6506015435
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 . Seller certifies to Buyer that the Property
is currently in the same condition as Seller previously disclosed in that statement. Seller agrees to inform Buyer in writing of any
changes in the content of the disclosure statement.
Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt
of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this
Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by
registered mail. Exceptions:
Seller is exempt from the requirements of the Seller Disclosure Act.
4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached
and will be an integral part of this Agreement.
5. Property Description: Buyer offers to buy the property located in the City Village Township of Muskegon ,
County of Muskegon , Michigan, commonly known as (insert mailing address: street/city/state/zip code)
1527 Hoyt Street, Muskegon, MI 49442
with the following legal description and tax parcel ID numbers:
DIST:24 SUBD:CITY OF MUSKEGON REVISED PLAT (OF 1903) SEC/TWN/RNG/MER:SEC 05 TWN 9N
PP# 61-24-205-280-0009-00 .
The following paragraph applies only if the Premises include unplatted land:
Seller agrees to grant Buyer at closing the right to make (insert number) 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 , of the proposed division to create the Premises.
6. Purchase Price: Buyer offers to buy the Property for the sum of $ 189900
one hundred eighty-nine thousand nine hundred U.S. Dollars
7. Seller Concessions, if any: Seller concessions of $10,000
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 % per annum (rate at time of loan application), on or before the date the sale is
to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to
process the application, within 3 days after the Effective Date, not to impair Buyers’ credit after the date such loan if
offered. Seller Buyer will agree to pay an amount not to exceed $ representing repairs required as a
condition of financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from
©Copyright, West Michigan REALTOR® Associations
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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: Builders home warranty effective from date of occupancy permit issued by the city of muskegon
Paragraph 8- will provide a quit claim deed vs a warranty deed.
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:
Fridge, Stove, Dishwasher, microwave, washer and dryer
but does not include:
1527 Hoyt Street, Muskegon, MI 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 8/2022 AKW DDJ Buyer’s Initials LM Seller’s Initials
11/02/22 11/02/22 11/02/22
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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.
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 3____ days after the Effective Date. If the results of Buyer’s inspections and
investigations are not acceptable to Buyer, Buyer may, within the above referenced period, by written notice to Seller, either terminate
this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those
unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
1527 Hoyt Street, Muskegon, MI 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 8/2022 AKW DDJ Buyer’s Initials LM Seller’s Initials
11/02/22 11/02/22 11/02/22
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deemed to have accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal
or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s
receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a
refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will
be deemed to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this
Agreement.
Buyer has waived all rights under this Inspections & Investigations paragraph.
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:
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
11/30/2022 . 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
1527 Hoyt Street, Muskegon, MI 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
AKW DDJ Buyer’s Initials LM Seller’s Initials
Revision Date 8/2022 11/02/22 11/02/22 11/02/22
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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 $ 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 5:00pm (time) on
11/02/2022 (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 $ $1000
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
1527 Hoyt Street, Muskegon, MI 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
AKW DDJ Buyer’s Initials LM Seller’s Initials
Revision Date 8/2022 11/02/22 11/02/22 11/02/22
2:15 PM EDT 1:35 PM EDT 3:49 PM EDT
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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 Alexandrea Kristeen Wilson Buyer
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Buyer 1 Phone: (Res.) (Bus.) Alexandrea Wilson
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Buyer 2 Address X DeQuinis Dominic Jones Buyer
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Buyer 2 Phone: (Res.) (Bus.)
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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: 3478 Persimmon Ln, Holland, MI 49424 Listing Broker License #
Listing Agent Name: Mariana Murillo VanDam Listing Agent License # Mariana Murillo VanDam
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 Miksell
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LeighAnn Miksell 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): LeighAnn Miksell
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X (Seller’s Signature, Date, Time):
1527 Hoyt Street, Muskegon, MI 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 8/2022 AKW DDJ Buyer’s Initials LM Seller’s Initials
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 7, 2022 Title: Sale of 206 Irwin
Avenue
Submitted By: LeighAnn Mikesell Department: City Manager
Brief Summary: Staff is requesting approval of the purchase agreement and amendment for 206
Irwin Avenue.
Detailed Summary & Background:
206 Irwin Avenue was constructed through the agreement with Dave Dusendang to construct infill
housing with ARPA funding. After signing the purchase agreement, the buyer elected to update
the purchase price and seller concessions which equate to a net zero change in funds to the city.
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
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: to approve the purchase agreement and amendment for 206 Irwin Avenue.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head Information Technology
Other Division Heads Communication Yes
Legal Review No
For City Clerk Use Only:
Commission Action:
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WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
# 1
DATE: 10/25/2022 , (time) MLS # 22045125
SELLING OFFICE: West Urban Realty BROKER LIC.#: 6506015435 REALTOR® PHONE:
LISTING OFFICE: West Urban Realty REALTOR® PHONE: 6163662459
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: Mariana Murillo VanDam Email: mariana@westurbanrealtymi. Lic.#: 6506015435
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 . Seller certifies to Buyer that the Property
is currently in the same condition as Seller previously disclosed in that statement. Seller agrees to inform Buyer in writing of any
changes in the content of the disclosure statement.
Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt
of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this
Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by
registered mail. Exceptions: Builder Warranty
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)
206 Irwin Avenue, Muskegon, MI 49442
with the following legal description and tax parcel ID numbers:
City of Muskegon Revised Plat of 1903 Lot 5 Blk 266
PP# 24-205-266-0005-00 .
The following paragraph applies only if the Premises include unplatted land:
Seller agrees to grant Buyer at closing the right to make (insert number) 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 , of the proposed division to create the Premises.
6. Purchase Price: Buyer offers to buy the Property for the sum of $ $180,000
one hundred eighty thousand U.S. Dollars
7. Seller Concessions, if any: $6800
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 % 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:
Microwave, Dishwasher
but does not include:
206 Irwin Avenue, Muskegon, MI 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 8/2022 PJ Buyer’s Initials LM Seller’s Initials
10/26/22 10/26/22
2:46 PM EDT 3:16 PM EDT
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11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
expended through normal use. Exceptions:
12. Assessments (choose one):
If the Property is subject to any assessments,
Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless
of any installment arrangements), except for any fees that are required to connect to public utilities.
Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume
and pay all other installments of such assessments.
13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all
taxes billed after those addressed below.
Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property
tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the
Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when
property is transferred.
No proration. (Choose one):
Buyer Seller will pay taxes billed summer (year);
Buyer Seller will pay taxes billed winter (year);
Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if
necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment
and prorated to the date of closing with Seller paying for January 1 through the day before closing.
Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one): advance. arrears.
Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal
year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken
down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions:
14. Well/Septic: Within ten (10) days after the Effective Date, (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:
Seller to include fridge, stove, washer, and dryer
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 ____ days after the Effective Date. If the results of Buyer’s inspections and
investigations are not acceptable to Buyer, Buyer may, within the above referenced period, by written notice to Seller, either terminate
this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those
unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
206 Irwin Avenue, Muskegon, MI 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 8/2022 PJ Buyer’s Initials LM Seller’s Initials
10/26/22 10/26/22
2:46 PM EDT 3:16 PM EDT
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West Michigan Regional Purchase Agreement Page 4 of 6
deemed to have accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal
or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s
receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a
refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will
be deemed to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this
Agreement.
Buyer has waived all rights under this Inspections & Investigations paragraph.
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:
Transnation Title
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:
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
11/30/2022 . 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
206 Irwin Avenue, Muskegon, MI 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
PJ Buyer’s Initials LM Seller’s Initials
Revision Date 8/2022 10/26/22 10/26/22
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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 $ 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 3pm (time) on
10/26/2022 (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 $ $1000
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
206 Irwin Avenue, Muskegon, MI 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
PJ Buyer’s Initials LM Seller’s Initials
Revision Date 8/2022 10/26/22 10/26/22
2:46 PM EDT 3:16 PM EDT
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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 Phylicia Joseph Buyer
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Buyer 1 Phone: (Res.) (Bus.) Phylicia Joseph
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:
Seller to provide a quit claim deed
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: 3478 Persimmon Ln, Holland, MI 49424 Listing Broker License #
Listing Agent Name: Mariana Murillo VanDam Listing Agent License # Mariana Murillo VanDam
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 Miksell
dotloop verified
10/26/22 3:16 PM EDT
7JIY-6NDB-CYZR-P77M
LeighAnn Miksell 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): LeighAnn Miksell
dotloop verified
10/26/22 3:16 PM EDT
JJBC-NKYD-HJHN-8YC0
X (Seller’s Signature, Date, Time):
206 Irwin Avenue, Muskegon, MI 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 8/2022 PJ Buyer’s Initials LM Seller’s Initials
10/26/22 10/26/22
2:46 PM EDT 3:16 PM EDT
dotloop verified dotloop verified
dotloop signature verification: dtlp.us/5OjH-S1GR-moz1
WEST MICHIGAN REGIONAL
ADDENDUM TO PURCHASE AGREEMENT
MLS # 22045125 Date: 11/03/2022 (time)
[email protected]
Selling Office West Urban Realty , REALTOR® Phone 616-366-2459 Email
[email protected]
Listing Office West Urban Realty , REALTOR® Phone 616-366-2459 Email
1. Addendum # 1 to Purchase Agreement dated 10/26/2022 covering property at
206 Irwin Avenue, Muskegon, MI 49442
2. This Addendum shall be an integral part of the Purchase Agreement, which is amended as follows:
Purchase price to be increased to $182900
Seller concessions to be $8800.
3. The Seller Buyer (check one) gives the above-named REALTOR® 2 days to obtain the written acceptance of this
Addendum to the Purchase Agreement. If accepted, this Addendum will constitute a binding change to the Purchase Agreement.
4. RECEIPT IS ACKNOWLEDGED BY BUYER of a copy of this Agreement.
Phylicia Joseph
dotloop verified
11/03/22 6:39 PM EDT
Date X TQIE-AJ5X-DV5K-5NI5 Buyer
(Note: Please sign as you wish your name to appear on final papers.)
X Buyer
(Note: Please sign as you wish your name to appear on final papers.)
5. RECEIPT IS ACKNOWLEDGED BY SELLER of a copy of this Agreement.
LeighAnn Miksell
dotloop verified
11/03/22 6:19 PM MST
Date X HMUR-GSCK-BTCX-KV21 Seller
(Note: Please sign as you wish your name to appear on final papers.)
X Seller
(Note: Please sign as you wish your name to appear on final papers.)
©West Michigan REALTOR® Boards
Rev 7/2020
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 7, 2022 Title: Sale of 291 McLaughlin
Avenue
Submitted By: LeighAnn Mikesell Department: City Manager
Brief Summary: Staff is requesting approval of the purchase agreement for 291 McLaughlin
Avenue.
Detailed Summary & Background:
291 McLaughlin Avenue is being constructed through the agreement with Dave Dusendang to
construct infill housing with ARPA funding. The home is under construction with a planned cost of
$235,000. The offer presented is for a sales price of $172,500 with no seller concessions.
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
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: to approve the purchase agreement for 291 McLaughlin Avenue.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head Information Technology
Other Division Heads Communication Yes
Legal Review No
For City Clerk Use Only:
Commission Action:
WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
#
DATE: 10/26/2022 , 6:00p.m. (time) MLS # not currently listed
SELLING OFFICE: Five Star Real Estate Leaders BROKER LIC.#: 6501280679 REALTOR® PHONE: 616-638-1627
LISTING OFFICE: West Urban Realty REALTOR® PHONE: 616-366-2459
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: Patti Styburski Email: [email protected] Lic.#:
Alternate Selling Agent Name: Randy Styburski Email: [email protected] 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 . Seller certifies to Buyer that the Property
is currently in the same condition as Seller previously disclosed in that statement. Seller agrees to inform Buyer in writing of any
changes in the content of the disclosure statement.
Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt
of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this
Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by
registered mail. Exceptions:
Seller is exempt from the requirements of the Seller Disclosure Act.
4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached
and will be an integral part of this Agreement.
5. Property Description: Buyer offers to buy the property located in the City Village Township of Muskegon ,
County of Muskegon , Michigan, commonly known as (insert mailing address: street/city/state/zip code)
291 McLaughlin Avenue, Muskegon, MI 49442
with the following legal description and tax parcel ID numbers:
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 12 BLK 264 EX W 4 FT FOR ALLEY
PP# 24-31-29-182-00 .
The following paragraph applies only if the Premises include unplatted land:
Seller agrees to grant Buyer at closing the right to make (insert number) 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 , of the proposed division to create the Premises.
6. Purchase Price: Buyer offers to buy the Property for the sum of $ 172,500.00
one hundred seventy-two thousand five hundred U.S. Dollars
7. Seller Concessions, if any: none
0
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 97 % of the Purchase Price
bearing interest at a rate not to exceed TBD % 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 8/2022 Buyer’s Initials Seller’s Initials
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:
The following Stainless appliance package of a dishwasher and a microwave to be included, along with central air to be included. Laundry in the
basement, with a gas dryer hook up. Same color interior as your new build located at 1227 Pine St. White cabinets in the kitchen and both
bathrooms.
but does not include:
291 McLaughlin Avenue, Muskegon, MI 49442 11/01/2022
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 8/2022 Buyer’s Initials Seller’s Initials
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:
natural gas
12. Assessments (choose one):
If the Property is subject to any assessments,
Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless
of any installment arrangements), except for any fees that are required to connect to public utilities.
Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume
and pay all other installments of such assessments.
13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all
taxes billed after those addressed below.
Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property
tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the
Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when
property is transferred.
No proration. (Choose one):
Buyer Seller will pay taxes billed summer (year);
Buyer Seller will pay taxes billed winter (year);
Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if
necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment
and prorated to the date of closing with Seller paying for January 1 through the day before closing.
Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one): advance. arrears.
Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal
year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken
down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions:
14. Well/Septic: Within ten (10) days after the Effective Date, (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:
City water and City sewer
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 tbd
____ days after the Effective Date. If the results of Buyer’s inspections and
investigations are not acceptable to Buyer, Buyer may, within the above referenced period, by written notice to Seller, either terminate
this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those
unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
291 McLaughlin Avenue, Muskegon, MI 49442 11/01/2022
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 8/2022 Buyer’s Initials Seller’s Initials
West Michigan Regional Purchase Agreement Page 4 of 6
deemed to have accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal
or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s
receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a
refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will
be deemed to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this
Agreement.
Buyer has waived all rights under this Inspections & Investigations paragraph.
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:
Buyers side to be prepared by and closed with Star Title.
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 an existing copy of the survey prior to closing.
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
TBD . 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:
upon completion of the build and the appraisal and lender clear to close.
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
291 McLaughlin Avenue, Muskegon, MI 49442 11/01/2022
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Revision Date 8/2022 Buyer’s Initials Seller’s Initials
West Michigan Regional Purchase Agreement Page 5 of 6
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 $ 100.00 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 6:00p.m. (time) on
11/02/2022 (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 $ 5,000.00
shall be submitted to Five Star Real Estate Leaders (NON REFUNDABLE) (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:
This in a new build and is currently under construction.
This home will be a 2 bedroom 1 and 1/2 bath, with the laundry in the basement, Please install a gas line in the laundry room.
includes dishwasher, microwave, and central air conditioning. This home is to have White Cabinets in the kitchen and both bathrooms. The
front home to be styled like the front of 1527 Hoyt St. "door to be to the left like Hoyt street and the two front windows in the kitchen in the
kitchen and dining room to be side by side". Siding to be light grey color with white trim.
#24 Non refundable Earnest Deposit of $5000.00.
Builder to supply the buyer with a front design of the home and a floor plan drawing within 4 weeks of acceptance.
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
291 McLaughlin Avenue, Muskegon, MI 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 8/2022 Buyer’s Initials Seller’s Initials
West Michigan Regional Purchase Agreement Page 6 of 6
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 Buyer
Buyer 1 Phone: (Res.) (Bus.)
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:
front elevation has been predetermined per builder. Buyer has received front elevation and changes to the floorplan.
Counteroffer, if any, expires 11/08/2022 , at 12pm (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: 3478 Persimmon Ln, Holland Mi 49424 Listing Broker License #
Listing Agent Name: Mariana Murillo VanDam 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):
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):
291 McLaughlin Avenue, Muskegon, MI 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 8/2022 Buyer’s Initials Seller’s Initials