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CITY OF MUSKEGON
CITY COMMISSION MEETING
DECEMBER 13, 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. Recognition of 9/11 Event Participants by BSA Troop 1053
B. Recognition of Muskegon Police Officers
C. New Staff Introductions – Planning & Economic Development
□ PUBLIC COMMENT ON AGENDA ITEMS:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Sale of 1499 Hoyt Street City Manager
C. Sale of 1318 Pine Street City Manager
D. Good Temps Staffing Services Extension EEO & Employee Relations
E. Non-Union Part Time & Limited Term Wage Matrix EEO & Employee
Relations
F. Amendments to the Muskegon Social Equity Program Application
Planning
G. Roberts Street Reconstruction Award Public Works
H. Hartshorn Marina 2023 Rates Public Works
I. Sanitation Contract Extension Public Works
J. Muskegon Conservation District (MCD) Native Planting Project
Public Works
K. MDNR SPARK Grant Resolution Public Works
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L. Non-Union Pay/Benefits 2023 City Manager
M. Virtual Public Participation Policy City Clerk
N. Conservation Easement Agreement at Remembrance Drive Site
Development Services
O. 2023 FOP Contract City Manager
□ PUBLIC HEARINGS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Housing Board of Appeals Demolition – 808 Oak Avenue Public Safety
B. Adelaide Pointe Reimbursement Agreement City Manager
□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Page 2 of 2
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 13, 2022 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the November 7, 2022 Worksession Meeting.
Detailed Summary: N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the minutes.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 7, 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., Monday, November 7,
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, Interim City Manager LeighAnn
Mikesell, City Attorney John Schrier, and City Clerk Ann Meisch.
Absent: Commissioners Eric Hood and Michael Ramsey
HONORS, AWARDS, AND PRESENTATIONS:
A. Presentation on Regional Transit Authority by Muskegon County
Bob Lukens, Community Development Director for Muskegon County, spoke
about the potential for a transit authority for Muskegon County. Muskegon
County has been in discussions with WMSRDC about the potential of a Transit
Authority. The County is seeking the appointment of a city representative to
attend meetings and participate in discussions.
Mayor Johnson suggested appointing LeighAnn Mikesell as the city
representative to participate in meetings and discussions regarding the
potential Transit Authority. A letter indicating her appointment will be sent.
PUBLIC COMMENT ON AGENDA ITEMS: No public comments were received.
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To Approve the minutes of the October 10, 2022
Worksession and October 11, 2022 Regular Meeting.
STAFF RECOMMENDATION: To approve the minutes.
C. Amendment to Marihuana Overlay District – Drive Thrus/Signs Planning
SUMMARY OF REQUEST: 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.
Page 1 of 8
After discussing the proposed ordinance at the Planning Commission meeting,
the board decided to slightly modify the proposal and request that all drive
thrus 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:
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 thrus 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.
STAFF RECOMMENDATION: 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.
D. Landscaping RFP Public Works
SUMMARY OF REQUEST: Staff requests authorization to issue a request for
proposals to obtain pricing to transition a number of downtown landscaping
areas to private contract.
Staff has worked with the Downtown BID, DDA, Chamber of Commerce,
Lakeside BID and other stakeholders to develop the 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.
Page 2 of 8
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 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 implications to
issue the RFP and obtain bids.
STAFF RECOMMENDATION: Authorize staff to issue the RFP for Landscaping
Services.
E. MDEGLE High Water Infrastructure Grant Public Works
SUMMARY OF REQUEST: Staff requests a resolution of support and commitment
of matching funds for submittal to MDEGLE through the 2023 High Water
Infrastructure Grant Program.
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
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legislative contacts, the Muskegon Conservation District, WMSRDC, Beachwood-
Bluffton Neighborhood Association, and Disability Network of West Michigan.
If successful as drafted, the grant will provide $700,000 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.
STAFF RECOMMENDATION: Approve the Resolution of Support and
Commitment of Matching Funds for the 2023 State High Water Infrastructure
Grant and authorize the Clerk to sign.
F. Roberts Street MDOT Agreement Public Works
SUMMARY OF REQUEST: 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 contract.
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.
AMOUNT REQUESTED: $675,471.25 AMOUNT BUDGETED: $825,000 Requested
$31,880.07 Expended
$793,119.93 Remaining
FUND OR ACCOUNT: 202 (Major Streets)
STAFF RECOMMENDATION: Approval of the Roberts Street MDOT Contract
and a resolution authorizing the DPW Director and Clerk to sign the contract.
H. LRS ARP Updated Construction Agreement Development Services
SUMMARY OF REQUEST: 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.
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
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have 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 to 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.
AMOUNT REQUESTED: $750,000 AMOUNT BUDGETED: N/A
FUND OR ACCOUNT: (101) TO (404)
STAFF RECOMMENDATION: To accept the construction agreement as
presented and to authorize the Mayor and Clerk to sign.
I. LRS PRI Act 99 Installment Purchase Agreement Development Services
SUMMARY OF REQUEST: Staff is requesting the Commission authorize the
statutorily required Act 99 Installment Purchase Agreement and Resolution.
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 resolution covers the requirements laid out in the Act and has the
Agreement itself that is to be executed. This item is jointly presented for
consideration along with the Amended LRS Enterprises ARP Agreement.
STAFF RECOMMENDATION: 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.
K. Sale of 1527 Hoyt Street City Manager
SUMMARY OF REQUEST: Staff is requesting approval of the purchase agreement
for 1527 Hoyt Street.
1527 Hoyt Street was constructed through the agreement with Dave Dusendang
to construct infill housing with ARPA funding.
STAFF RECOMMENDATION: To approve the purchase agreement for 1527
Hoyt Street.
Motion by Vice Mayor German, second by Commissioner St.Clair, to accept the
consent agenda as presented, minus items B, and G.
ROLL VOTE: Ayes: German, Gorman, Emory, St.Clair, and Johnson
Page 5 of 8
Nays: None
MOTION PASSES
2022-97 REMOVED FROM CONSENT AGENDA:
B. Arena Lease – Carlisle’s Arena Director
SUMMARY OF REQUEST: Seeking approval of the amended lease with Carlisle’s
at the Trinity Health Arena.
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. However, we are
reducing the credit costs by $210,780.09 due to construction overages by
Carlisle’s. Allowing Carlisle’s to utilize credit saves the City $279,259.64 in accrued
interest through 2040.
STAFF RECOMMENDATION: Approve the lease and authorize the Mayor and
Clerk to sign.
Motion by Commissioner St.Clair, second by Commissioner Gorman, to approve
the lease and authorize the Mayor and Clerk to sign.
ROLL VOTE: Ayes: German, Gorman, Emory, St.Clair, and Johnson
Nays: None
MOTION PASSES
G. Trash Compactors Public Works/Parks
SUMMARY OF REQUEST: Staff requests authorization to sign a three-year lease
for 14 self-compacting trash receptacles at Pere Marquette and Margaret
Drake Elliot Parks.
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.
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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 manufacturer does have a
subsidiary in Kentucky that can proved 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.
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 OR ACCOUNT: 101-770-762 (Parks)
STAFF RECOMMENDATION: 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.
Motion by Commissioner Emory, second by Vice Mayor German, to 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.
ROLL VOTE: Ayes: German, Gorman, Emory, St.Clair, and Johnson
Nays: None
MOTION PASSES
2022-98 ANY OTHER BUSINESS:
Page 7 of 8
A. Sale of 206 Irwin Avenue City Manager
SUMMARY OF REQUEST: Staff is requesting approval of the purchase agreement
for 206 Irwin Avenue.
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 fund to the city.
STAFF RECOMMENDATION: To approve the purchase agreement and
amendment for 206 Irwin Avenue.
Motion by Commissioner St.Clair, second by Commissioner Gorman, to approve
the purchase agreement and amendment for 206 Irwin Avenue.
ROLL VOTE: Ayes: Gorman, Emory, St.Clair, Johnson, and German
Nays: None
MOTION PASSES
B. Sale of 291 McLaughlin City Manager
SUMMARY OF REQUEST: Staff is requesting approval of the purchase agreement
for 291 McLaughlin Avenue
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.
STAFF RECOMMENDATION: To approve the purchase agreement for 291
McLaughlin Avenue.
Motion by Commissioner St.Clair, second by Vice Mayor German, to approve
the purchase agreement for 291 McLaughlin Avenue, to be transferred by Quit
Claim Deed.
ROLL VOTE: Ayes: Emory, St.Clair, Johnson, German, and Gorman
Nays: None
MOTION PASSES
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 6:31 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
Page 8 of 8
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 13, 2022 Title: Sale of 1499 Hoyt
Street
Submitted By: LeighAnn Mikesell Department: City Manager
Brief Summary: Staff is requesting approval of the purchase agreement for 1499 Hoyt Street.
Detailed Summary & Background:
1499 Hoyt Street was constructed through the agreement with Dave Dusendang to construct infill
housing with ARPA funding. The offer is full price 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 1499 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/wcdO-A61n-PDoa
WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
# 1
DATE: 11/25/2022 , 7pm (time) MLS # 22049089
SELLING OFFICE: West Urban Realty LLC BROKER LIC.#: REALTOR® PHONE: 616-3666-2459
LISTING OFFICE: West Urban Realty LLC 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: Mariana Murillo VanDam Email: [email protected] Lic.#:
Alternate Selling Agent Name: Email: Lic.#:
3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.)
Buyer has received the Seller’s Disclosure Statement, dated . 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: new construction. home 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 , Michigan, commonly known as (insert mailing address: street/city/state/zip code)
1499 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 RNG 17W CITY OF MUSKEGON REVISED PLAT
OF 1903 LOT 12 BLK 280
PP# 61-24-205-280-0012-00 .
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 $ 179900
one hundred seventy-nine thousand nine hundred U.S. Dollars
7. Seller Concessions, if any: 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 Conventional type 15 (year) mortgage in the amount of 80 % 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
Page 1 of 6 Rev. Date 8/2022 YP Buyer’s Initials LM Seller’s Initials
11/25/22 11/25/22
8:27 PM EST 8:37 PM EST
dotloop signature verification: dtlp.us/wcdO-A61n-PDoa
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:
fridge, stove, washer, dryer, microwave, dishwasher
but does not include:
1499 Hoyt Street, Muskegon, MI 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 8/2022 YP Buyer’s Initials LM Seller’s Initials
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8:27 PM EST 8:37 PM EST
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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 ____ 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
1499 Hoyt Street, Muskegon, MI 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 8/2022 YP Buyer’s Initials LM Seller’s Initials
11/25/22 11/25/22
8:27 PM EST 8:37 PM EST
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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:
Title work Through Transnation Title. Seller to provide a quit claim deed
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:
Builder survey to be provided.
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
12/30/2022 . 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
1499 Hoyt Street, Muskegon, MI 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
YP Buyer’s Initials LM Seller’s Initials
Revision Date 8/2022 11/25/22 11/25/22
8:27 PM EST 8:37 PM EST
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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 noon (time) on
11/28/2022 (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
1499 Hoyt Street, Muskegon, MI 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
YP Buyer’s Initials LM Seller’s Initials
Revision Date 8/2022 11/25/22 11/25/22
8:27 PM EST 8:37 PM EST
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communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’
license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the
Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with
Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme
to steal funds or use your identity.
31. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer.
Buyer 1 Address X Young Phan Buyer
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NIIY-1JBN-IZRN-DPSY
Buyer 1 Phone: (Res.) 616-537-3064 (Bus.) Young Phan
Print name as you want it to appear on documents.
Buyer 2 Address X Buyer
Buyer 2 Phone: (Res.) (Bus.)
Print name as you want it to appear on documents.
32. Seller’s Response: The above offer is approved: As written. As written except:
Counteroffer, if any, expires , at (time). Seller has the right to withdraw this
counteroffer and to accept other offers until Seller or Seller’s Agent has received notice of Buyer’s acceptance.
33. Certification of Previous Disclosure Statement: Seller certifies to Buyer that the Property is currently in the same condition as
disclosed in the Seller’s Disclosure Statement dated (choose one): Yes No. Seller agrees to inform
Buyer in writing of any changes in the content of the disclosure statement prior to closing.
34. Notice to Seller: Seller understands that consummation of the sale or transfer of the Property described in this Agreement will not
relieve Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless otherwise agreed to by
the lender or required by law or regulation. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form
is available from the respective agents via the West Michigan REALTOR® Boards.
35. Listing Office Address: Listing Broker License # 6505429509
Listing Agent Name: 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): LeighAnn Mikesell
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XQYV-9U7Q-4JCR-XYWO
LeighAnn Mikesell 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): Young Phan
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GKYK-1CQG-OQOG-HPOO
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 Mikesell
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KBEQ-RKW4-T8TF-3IID
X (Seller’s Signature, Date, Time):
1499 Hoyt Street, Muskegon, MI 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 8/2022 YP Buyer’s Initials LM Seller’s Initials
11/25/22 11/25/22
8:27 PM EST 8:37 PM EST
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 13, 2022 Title: Sale of 1318 Pine
Street
Submitted By: LeighAnn Mikesell Department: City Manager
Brief Summary: Staff is requesting approval of the purchase agreement for 1318 Pine Street.
Detailed Summary & Background:
1318 Pine 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 1318 Pine 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:
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12/06/22
12:59 PM EST
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12/06/22
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12/06/22
12:59 PM EST
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12/06/22
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Sales Price to be $178,480.00
all appliances included: washer, dryer, microwave, dishwasher, fridge, stove
$3000 seller concessions towards buyers closing costs
Builder's warranty starts from day of certificate of occupancy from the City of Muskegon. Max warranty 1 year.
Paragraph 8- will provide a quit claim deed vs a warranty deed.
12/7/2022 5pm
3478 Persimmon Ln, Holland, MI 49424
Mariana Murillo VanDam
LeighAnn Mikesell
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 12/13/2022 Title: Good Temps Staffing
Services Extension
Submitted By: Dwana Thompson Department: EEO &
Employee Relations
Brief Summary: The city is requesting an extension for the Good Temps Staffing Service
Agreement of 1 year. This agreement will be from January – December, 2023.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Approve the 1 year extension of the Good Temps Staffing Service
Agreement for 2023.
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:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 12/13/2022 Title: Non-Union Part Time &
Limited Term Wage Matrix
Submitted By: Dwana Thompson Department: EEO &
Employee Relations
Brief Summary: This is the proposed non-union, part-time and limited-term wage matrix for 2023.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Approve the non-union part-time and limited-term wage matrix for 2023.
Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head x Information Technology Yes
Other Division Heads Communication No
x
Legal Review
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
2023 WAGE MATRIX FOR NON-UNION PART-TIME AND LIMITED TERM EMPLOYEES
Michigan Minimum Wage is $ 10.10 as of January 1, 2023
JOB TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7
GRADE 1 $ 12.00 $ 12.50 $ 13.00
INTERNS AGE 16-17 (Minimum wage for Employees under Age 18)
SEASONAL YOUTH WORKERS BOYS & GIRLS CLUB & COMMUNITY ENCOMPASS
GRADE 2 $ 15.00 $ 15.50 $ 16.00 $ 16.50 $ 17.00 $ 17.50 $ 18.00
ARENA CUSTODIAN
SEASONAL LEISURE SERVICE MAINTENANCE WORKER
SEASONAL SUPERVISORS BOYS & GIRLS CLUB & COMMUNITY ENCOMPASS
GRADE 3 $ 16.00 $ 16.50 $ 17.00 $ 17.50 $ 18.00 $ 18.50 $ 19.00
BUILDING FACILITY CARETAKER
FARMERS MARKET ASSISTANT
SCHOOL CROSSING GUARD
ARENA MAINTENANCE
SOCIAL DISTRICT SEASONAL WORKER
GRADE 4 $ 16.00 $ 16.50 $ 17.00 $ 17.50 $ 18.00 $ 18.50 $ 19.00
FACILITY SUPERVISOR I
BEACH/PARK RANGERS (PUBLIC SAFETY)
GRADE 5 $ 16.00 $ 17.00 $ 18.00 $ 19.00 $ 20.00 $ 21.00
INTERNS OVER 18
GRADE 6 $ 17.00 $ 17.50 $ 18.00 $ 18.50 $ 19.00 $ 19.50 $ 20.00
FACILITY SUPERVISOR II
SUPERVISORY INTERN (OVER 18)
SEASONAL BEACH EQUIPMENT OPERATOR
GRADE 7
BOARD OF CANVASSERS $25.O0 PER DIEM
BOARD OF REVIEW $13.50 per hour / 4 hour minimum
RECEIVING BOARD $65.00 per day
ELECTION WORKERS (INSPECTORS) $13.50 per hour
ELECTION WORKER CHAIRPERSON $16.00 per hour
ELECTIONWORKER CO-CHAIRPERSON $15.00 per hour
GRADE 8 $ 21.00
POLICE RECRUIT
GRADE 9A $ 16.00 $ 16.80 $ 17.64 $ 18.52 $ 19.44 $ 20.42
EVENT SECURITY MANAGER
GRADE 9B $ 21.68 $ 22.77 $ 23.90 $ 25.10 $ 26.36
PART TIME POLICE OFFICER
STEP-2 (500 hours); STEP-3 (1000 hours); STEP-4 (1500 hours); STEP-5 (2000 hours)
GRADE 9C $ 31.00 $ 32.00 $ 33.00 $ 34.00 $ 35.00
PT - FIRE INSPECTOR
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 12, 2022 Title: Amendments to the
Muskegon Social Equity
Program Application
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to amend the programs and the requirements for the Muskegon Social
Equity Program and associated application.
Detailed Summary & Background:
Changes include:
• Clarified how much funding an applicant may receive (Up to $10,000 unless approved by
the Commission).
• For “Education/Training Scholarship”, “Business Start-Up Grant” and “Business Start-Up
Loan”, added a stipulation that a parent could also have had the conviction while the
applicant was in school.
• Created a new category, the “Marihuana Industry Training Scholarship”. This is for
residents that want to get into the marihuana industry. The are more options to qualify for
this than the “Education/Training Scholarship.”
• Removed the “Marihuana Equipment Grant” category since it could be covered by the
“Business Start-Up Grant.”
Goal/Focus Area/Action Item Addressed:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the changes to the Muskegon Social Equity Program and
associated application as presented.
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:
Muskegon Social Equity Program
Grant & Loan Application
The City of Muskegon is dedicated to giving back to the community. We are offering grant and loan
opportunities to those who have been affected by the prohibition of marihuana. This program is intended
to help qualified residents with funding for education, training and business expenses.
Please complete the information below, select from the following programs on pages 2-6 and complete
the information for that program. Completed applications must be turned into the Planning Department
at City Hall, 933 Terrace St, Muskegon, MI 49440 or email the application to: [email protected].
Please include the following documents with your application:
• For proof of residency:
o Driver’s License or State ID
• For proof of conviction, if required (one of the following):
o Judgement of Sentence
o Order on Application to Set Aside Conviction, if expunged
o Other conviction documents (documents must include name and marihuana conviction)
• For Marihuana License Grant, please provide proof of Michigan Social Equity Program approval
Additional information:
• Expenses may not be incurred before the application is approved.
• Applicant is not eligible if they have any non-marihuana related felonies within the past 5 years.
• Individual applicants may not receive more than $10,000 in funding unless approved by the City
Commission.
Contact Information
Applicant Name:
Address:
Phone Number:
Email:
Signature: Date:
For Office Use Only
Received By: Received Date:
Approved or Denied: Approval/Denial Date:
Page 1 of 6
Muskegon Social Equity Program
Grant & Loan Application
Education/Training Scholarship
Eligibility: Applicants must have been a resident of the City of Muskegon at least 12 months out of
the past 48 months and have had a previous low-level marihuana conviction (or had a parent have a
previous low-level marihuana conviction while in school) to be eligible.
Applicants may receive up to $5,000 in educational scholarships for any type of career/industry. The
educational costs (i.e. tuition, job skills training) will be paid with grant funds upon completion of
courses/training. Applicants attending a college or university must have filed a
Free Application Federal Student Aid and received eligible federal aid, this scholarship is intended to
cover a portion of the balance. The applicant must pass the course to be eligible for reimbursement.
Describe your previous low-level marihuana conviction (including date of conviction):
Name of College/University/Training Program:
Course/Training Title Credit Cost of Tuition Begin Date End Date
Hours
Total Cost:
Amount of Federal Aid:
Total Cost after Federal Aid applied:
Page 2 of 6
Muskegon Social Equity Program
Grant & Loan Application
Marihuana Industry Training Scholarship
Eligibility: Applicants must meet at least one of the following criteria:
• You are a current resident of the City and have been a resident for at least five cumulative
years.
• You are a current resident of the City and you have had misdemeanor conviction of a
marijuana-related offense (or had a parent have a previous low-level marihuana conviction
while in school).
• You are a current resident of the City and you were registered as a caregiver under the
MMMA for at least two years.
Applicants may receive up to $5,000 in training towards a career in the marihuana industry. The
training costs will be paid with grant funds upon completion of the training. The applicant must
complete coursework to be eligible for reimbursement. Institutions providing courses will be vetted
by City staff.
If necessary, describe your previous low-level marihuana conviction (including date of conviction):
Name and Cost of Training Program:
Page 3 of 6
Muskegon Social Equity Program
Grant & Loan Application
Business Start-Up Grant
Eligibility: Applicants must have had a previous low-level marihuana conviction (or had a parent have
a previous low-level marihuana conviction while in school) to be eligible.
Applicants may receive up to $5,000 in assistance towards hard costs (i.e. equipment, etc), soft costs
(i.e. business plan development, architecture fees, engineered drawings, formative business
documents, business training courses, etc.) or rental assistance associated with opening a business in
the City. The grant will be paid by reimbursement after the applicant provides receipt of payment for
the related costs.
Describe your previous low-level marihuana conviction (including date of conviction):
Describe your proposed business (including proposed location):
Describe the soft costs associated with opening your proposed business for which you seek to be
reimbursed.
Item: Cost:
Total Cost:
Page 4 of 6
Muskegon Social Equity Program
Grant & Loan Application
Business Start-Up Loan
Eligibility: Applicants must have been a resident of the City of Muskegon at least 12 months out of
the past 48 months and have had a previous low-level marihuana conviction (or had a parent have a
previous low-level marihuana conviction while in school) to be eligible.
Applicants may receive interest-free gap loans up to $25,000 to supplement traditional financing with
a third party. All loans must be paid back within 60 months.
Describe your previous low-level marihuana conviction (including date of conviction):
Describe your proposed business (including proposed location):
Amount of Loan Requested (not to exceed $25,000):
Duration of Loan Requested (not to exceed 60 months):
Describe the need for funding and how the loan will be used:
This loan must be used in conjunction with traditional financing. Describe what other methods of
financing are being used to fund the project.
Page 5 of 6
Muskegon Social Equity Program
Grant & Loan Application
Marihuana License Grant
Eligibility: Applicants must have been a resident of the City of Muskegon at least 12 months out of
the past 48 months and designated as a social equity applicant by the State of Michigan*.
Applicants may receive up to $10,000 in assistance for the fees associated with obtaining a local or
state marihuana license. For local application fees, a credit will be given to the applicant, waiving the
$5,000 application fee (fee waived for first year only). For State license fees, the grant will be paid by
reimbursement after the applicant provides receipt of payment for the State application fee.
*To be designated as a social equity applicant by the State of Michigan (application found at
www.michigan.gov), an individual must meet one of the following criteria:
• Residency – Residency in a disproportionately impacted community for at least 5 cumulative years.
• Marihuana Conviction – Conviction of a marihuana related offense.
• Caregiver Status – Registration as a primary caregiver under the Michigan Medical Marihuana Act.
Describe your previous low-level marihuana conviction (including date of conviction) or provide your
designation as a social equity applicant by the State of Michigan:
Describe your proposed business (including proposed location):
Grant Amount Requested (not to exceed $10,000):
Describe the need for funding and how the grant will be used:
Page 6 of 6
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 13, 2022 Title: Roberts St Reconstruction Award
Submitted By: Dan VanderHeide Department: Public Works
Brief Summary:
Staff is requesting approval of a contract with McCormick Sand, Inc. in the amount of $828,230.30
for the reconstruction of Roberts Street from Sherman to Laketon, with $372,703.64 being covered
by a TEDF Category F grant from MDOT.
Detailed Summary & Background:
On November 7, 2022, Commission approved a grant agreement with MDOT that awarded up to
$375,000 to the City for a Transportation Economic Development Fund (Category F) Grant, with
the specific amount being 45% of the construction contract.
The City received bids on November 28, 2022, and McCormick Sand, Inc. was the low bidder at
$828,230.30. The grant, at 45%, will cover $372,703.64 of the project cost, leaving $455,526.66
for the City to pay out of the highway fund. The bids came in substantially below the estimate, so
this request is for over $200,000 less than was authorized at the time of the grant agreement.
McCormick Sand has performed admirably for the City in the past, and staff recommends award.
Goal/Focus Area/Action Item Addressed:
Key Focus Area: Sustainability in financial practices and infrastructure.
Amount Requested: $455,546.66 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 contract with McCormick Sand, Inc. in the amount of
$828,230.30 for the reconstruction of Roberts Street from Sherman to Laketon.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
For City Clerk Use Only:
Commission Action:
BID TABULATION
City of Muskegon Project Engineer: Date: 11/28/2022
Egineering Department Project Number: H92032
Project description: Roberts St, Barney to Laketon
Engineers Estimate McCormick Sand K & R Wadel Stabilization Michigan Paving Matr
Line Item Pay Code Description Units Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total
1 1100001 Mobilization, Max LSUM 1 $ 98,100.00 $ 98,100.00 $ 55,000.00 $ 55,000.00 $ 95,000.00 $ 95,000.00 $ 75,000.00 $ 75,000.00 $ 45,000.00 $ 45,000.00
2 2030015 Sewer, Rem, Less than 24 inch Ft 18 $ 17.50 $ 315.00 $ 70.00 $ 1,260.00 $ 10.00 $ 180.00 $ 67.00 $ 1,206.00 $ 25.00 $ 450.00
3 2040020 Curb and Gutter, Rem Ft 729 $ 10.01 $ 7,297.29 $ 20.00 $ 14,580.00 $ 10.00 $ 7,290.00 $ 18.00 $ 13,122.00 $ 10.00 $ 7,290.00
4 2040055 Sidewalk, Rem Syd 644 $ 12.74 $ 8,204.56 $ 10.00 $ 6,440.00 $ 8.00 $ 5,152.00 $ 14.00 $ 9,016.00 $ 20.00 $ 12,880.00
5 2057002 Machine Grading, Modified Sta 33.12 $ 2,000.00 $ 66,240.00 $ 1,500.00 $ 49,680.00 $ 1,100.00 $ 36,432.00 $ 2,180.00 $ 72,201.60 $ 2,400.00 $ 79,488.00
6 2080020 Erosion Control, Inlet Protection, Fabric Drop Ea 25 $ 119.87 $ 2,996.75 $ 100.00 $ 2,500.00 $ 140.00 $ 3,500.00 $ 100.00 $ 2,500.00 $ 100.00 $ 2,500.00
7 2090001 Project Cleanup LSUM 1 $ 1,000.00 $ 1,000.00 $ 1,500.00 $ 1,500.00 $ 250.00 $ 250.00 $ 1,200.00 $ 1,200.00 $ 2,200.00 $ 2,200.00
8 3062000 Driveway Maintenance, Commercial Ea 14 $ 800.00 $ 11,200.00 $ 800.00 $ 11,200.00 $ 300.00 $ 4,200.00 $ 470.00 $ 6,580.00 $ 1,000.00 $ 14,000.00
9 3062002 Intersection Maintenance Ea 7 $ 2,300.00 $ 16,100.00 $ 1,200.00 $ 8,400.00 $ 350.00 $ 2,450.00 $ 940.00 $ 6,580.00 $ 500.00 $ 3,500.00
10 4020602 Sewer, Cl E, 18 inch, Tr Det B Ft 18 $ 97.89 $ 1,762.02 $ 175.00 $ 3,150.00 $ 115.00 $ 2,070.00 $ 223.00 $ 4,014.00 $ 150.00 $ 2,700.00
11 4030010 Dr Structure Cover, Type B Ea 35 $ 522.82 $ 18,298.70 $ 500.00 $ 17,500.00 $ 700.00 $ 24,500.00 $ 500.00 $ 17,500.00 $ 900.00 $ 31,500.00
12 4030318 Dr Structure, Tap, 18 inch Ea 2 $ 1,145.30 $ 2,290.60 $ 1,150.00 $ 2,300.00 $ 500.00 $ 1,000.00 $ 995.00 $ 1,990.00 $ 1,200.00 $ 2,400.00
13 4037001 Dr Structure Cover, Adj Add, Depth, Modified Ft 10 $ 250.00 $ 2,500.00 $ 380.00 $ 3,800.00 $ 200.00 $ 2,000.00 $ 1,260.00 $ 12,600.00 $ 400.00 $ 4,000.00
14 4037050 Dr Structure Cover, Adj, Case 1, Modified Ea 35 $ 700.00 $ 24,500.00 $ 1,250.00 $ 43,750.00 $ 900.00 $ 31,500.00 $ 1,645.00 $ 57,575.00 $ 650.00 $ 22,750.00
15 5010005 HMA Surface, Rem Syd 13792 $ 6.12 $ 84,407.04 $ 1.00 $ 13,792.00 $ 2.00 $ 27,584.00 $ 3.60 $ 49,651.20 $ 2.54 $ 35,031.68
16 5010025 Hand Patching Ton 5 $ 250.00 $ 1,250.00 $ 200.00 $ 1,000.00 $ 200.00 $ 1,000.00 $ 200.00 $ 1,000.00 $ 600.00 $ 3,000.00
17 5012025 HMA, 4EML Ton 4863 $ 110.00 $ 534,930.00 $ 94.10 $ 457,608.30 $ 94.10 $ 457,608.30 $ 94.10 $ 457,608.30 $ 99.75 $ 485,084.25
18 8017011 Driveway, Nonreinf Conc, 8 inch, Modified SFT 1323 $ 54.00 $ 71,442.00 $ 7.00 $ 9,261.00 $ 6.50 $ 8,599.50 $ 6.80 $ 8,996.40 $ 10.25 $ 13,560.75
19 8020038 Curb and Gutter, Conc, Det F4 Ft 690 $ 23.04 $ 15,897.60 $ 30.00 $ 20,700.00 $ 30.00 $ 20,700.00 $ 26.50 $ 18,285.00 $ 30.80 $ 21,252.00
20 8030010 Detectable Warning Surface Ft 95 $ 38.22 $ 3,630.90 $ 35.00 $ 3,325.00 $ 35.00 $ 3,325.00 $ 35.00 $ 3,325.00 $ 60.00 $ 5,700.00
21 8030030 Curb Ramp Opening, Conc Ft 195 $ 30.72 $ 5,990.40 $ 30.00 $ 5,850.00 $ 30.00 $ 5,850.00 $ 26.50 $ 5,167.50 $ 30.80 $ 6,006.00
22 8030044 Sidewalk, Conc, 4 inch Sft 6464 $ 5.40 $ 34,905.60 $ 4.00 $ 25,856.00 $ 3.90 $ 25,209.60 $ 4.00 $ 25,856.00 $ 5.05 $ 32,643.20
23 8030048 Sidewalk, Conc, 8 inch Sft 625 $ 9.50 $ 5,937.50 $ 7.00 $ 4,375.00 $ 6.50 $ 4,062.50 $ 6.00 $ 3,750.00 $ 5.05 $ 3,156.25
24 8032003 Curb Ramp, Conc, 7 inch Sft 972 $ 12.02 $ 11,683.44 $ 6.50 $ 6,318.00 $ 7.75 $ 7,533.00 $ 6.10 $ 5,929.20 $ 9.75 $ 9,477.00
25 8110024 Pavt Mrkg, Ovly Cold Plastic, 6 inch, Crosswalk Ft 963 $ 2.32 $ 2,234.16 $ 3.00 $ 2,889.00 $ 3.00 $ 2,889.00 $ 2.75 $ 2,648.25 $ 2.75 $ 2,648.25
26 8110044 Pavt Mrkg, Ovly Cold Plastic, 18 inch, Stop Bar Ft 140 $ 10.00 $ 1,400.00 $ 7.00 $ 980.00 $ 7.00 $ 980.00 $ 6.50 $ 910.00 $ 6.50 $ 910.00
27 8110063 Pavt Mrkg, Ovly Cold Plastic, Lt Turn Arrow Sym Ea 1 $ 182.02 $ 182.02 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00
28 8110231 Pavt Mrkg, Waterborne, 4 inch, White Ft 253 $ 0.12 $ 30.36 $ 1.00 $ 253.00 $ 1.00 $ 253.00 $ 1.00 $ 253.00 $ 1.00 $ 253.00
29 8110232 Pavt Mrkg, Waterborne, 4 inch, Yellow Ft 2980 $ 0.11 $ 327.80 $ 0.30 $ 894.00 $ 0.30 $ 894.00 $ 0.30 $ 894.00 $ 0.30 $ 894.00
30 8120012 Barricade, Type III, High Intensity, Double Sided, Lighted, Furn Ea 9 $ 92.87 $ 835.83 $ 110.00 $ 990.00 $ 70.00 $ 630.00 $ 110.00 $ 990.00 $ 110.00 $ 990.00
31 8120013 Barricade, Type III, High Intensity, Double Sided, Lighted, Oper Ea 9 $ 2.63 $ 23.67 $ 5.00 $ 45.00 $ 1.00 $ 9.00 $ 5.00 $ 45.00 $ 5.00 $ 45.00
32 8120170 Minor Traf Devices LSUM 1 $ 15,000.00 $ 15,000.00 $ 10,000.00 $ 10,000.00 $ 11,400.00 $ 11,400.00 $ 22,500.00 $ 22,500.00 $ 22,593.00 $ 22,593.00
33 8120210 Pavt Mrkg, Longit, 6 inch or Less Width, Rem Ft 30 $ 0.56 $ 16.80 $ 1.00 $ 30.00 $ 1.00 $ 30.00 $ 5.00 $ 150.00 $ 5.00 $ 150.00
34 8120252 Plastic Drum, Fluorescent, Furn Ea 189 $ 23.02 $ 4,350.78 $ 24.00 $ 4,536.00 $ 10.00 $ 1,890.00 $ 24.00 $ 4,536.00 $ 24.00 $ 4,536.00
35 8120253 Plastic Drum, Fluorescent, Oper Ea 189 $ 0.64 $ 120.96 $ 1.00 $ 189.00 $ 0.10 $ 18.90 $ 1.00 $ 189.00 $ 1.00 $ 189.00
36 8120330 Sign, Portable, Changeable Message, Furn Ea 3 $ 1,931.19 $ 5,793.57 $ 1,700.00 $ 5,100.00 $ 1,300.00 $ 3,900.00 $ 1,700.00 $ 5,100.00 $ 1,700.00 $ 5,100.00
37 8120331 Sign, Portable, Changeable Message, Oper Ea 3 $ 270.69 $ 812.07 $ 500.00 $ 1,500.00 $ 50.00 $ 150.00 $ 500.00 $ 1,500.00 $ 500.00 $ 1,500.00
38 8120350 Sign, Type B, Temp, Prismatic, Furn Sft 635 $ 3.55 $ 2,254.25 $ 3.00 $ 1,905.00 $ 3.00 $ 1,905.00 $ 3.00 $ 1,905.00 $ 3.00 $ 1,905.00
39 8120351 Sign, Type B, Temp, Prismatic, Oper Sft 635 $ 0.65 $ 412.75 $ 1.00 $ 635.00 $ 0.10 $ 63.50 $ 1.00 $ 635.00 $ 1.00 $ 635.00
40 8120352 Sign, Type B, Temp, Prismatic, Spec, Furn Sft 88 $ 9.90 $ 871.20 $ 7.00 $ 616.00 $ 9.00 $ 792.00 $ 7.00 $ 616.00 $ 7.00 $ 616.00
41 8120353 Sign, Type B, Temp, Prismatic, Spec, Oper Sft 88 $ 0.41 $ 36.08 $ 1.00 $ 88.00 $ 0.10 $ 8.80 $ 1.00 $ 88.00 $ 1.00 $ 88.00
42 8120370 Traf Regulator Control LSUM 1 $ 2,000.00 $ 2,000.00 $ 10.00 $ 10.00 $ 500.00 $ 500.00 $ 1,200.00 $ 1,200.00 $ 13,000.00 $ 13,000.00
43 8160062 Topsoil Surface, Furn, 4 inch Syd 625 $ 7.50 $ 4,687.50 $ 7.00 $ 4,375.00 $ 12.00 $ 7,500.00 $ 6.00 $ 3,750.00 $ 22.00 $ 13,750.00
44 8167011 Hydroseeding Syd 625 $ 1.50 $ 937.50 $ 2.00 $ 1,250.00 $ 7.00 $ 4,375.00 $ 2.00 $ 1,250.00 $ 6.00 $ 3,750.00
45 8210001 Monument Box Ea 1 $ 250.00 $ 250.00 $ 1,200.00 $ 1,200.00 $ 1,200.00 $ 1,200.00 $ 950.00 $ 950.00 $ 1,100.00 $ 1,100.00
46 8210010 Monument Preservation Ea 1 $ 800.00 $ 800.00 $ 750.00 $ 750.00 $ 750.00 $ 750.00 $ 950.00 $ 950.00 $ 600.00 $ 600.00
47 8237050 Water Valve Box and Cover, Complete Ea 18 300 $ 5,400.00 $ 1,150.00 $ 20,700.00 $ 750.00 $ 13,500.00 $ 1,000.00 $ 18,000.00 $ 1,250.00 $ 22,500.00
Total: $ 1,079,656.70 $ 828,230.30 $ 830,784.10 $ 929,862.45 $ 943,471.38
Page 1 of 1
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 13, 2022 Title: Hartshorn Marina 2023 Rates
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is seeking Commission approval to set the 2023 Rates for Hartshorn Municipal Marina.
Detailed Summary & Background:
Staff is proposing to set the rates at Hartshorn Marina for the 2023 season as follows, these rates
are also currently under review by MDNR for their concurrence as a Grant-In-Aid Harbor which we
are obligated to operate as through the 2024 boating season.
• 30 FT Slip = $2,580 (2022 Rate = $2,310)
• 40 FT Slip = $3,440 (2022 Rate = $3,080)
• 60 FT Slip = $4,620 (2022 Rate = $4,080)
• Mooring Field = $583 (2022 Rate = $583)
• Transient = Range H (2022 Rate = Range G)
This is the first fee adjustment that has been proposed since the 2019 season. The marina was
closed in 2020, and the rates shown above for 2022 were also used during the 2021 season.
It should be noted that since the loss of the T-Dock and the small boat basin following the high
water cycles there has been limited to no availability for transient slips. All of the 77 current slips
are slated for seasonal slip holders and roughly half of the mooring field is reserved on an annual
basis.
Goal/Focus Area/Action Item Addressed:
N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): 594 Fund(s) or Account(s): 594
Recommended Motion: Approve the 2023 user fee rates as proposed for Hartshorn Marina
provided the proposed rates are also approved by the MDNR.
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:
HARTSHORN MUNICIPAL MARINA 2023 SEAS
Rate 1 Rate 2 Rate 3 Rate 4 Rate 5 Rate 6
Slip Length
20 $2,200 $2,040 $1,880 $1,720 $1,540 $1,360
21 $2,310 $2,142 $1,974 $1,806 $1,617 $1,428
22 $2,420 $2,244 $2,068 $1,892 $1,694 $1,496
23 $2,530 $2,346 $2,162 $1,978 $1,771 $1,564
24 $2,640 $2,448 $2,256 $2,064 $1,848 $1,632
25 $2,750 $2,550 $2,350 $2,150 $1,925 $1,700
26 $2,860 $2,652 $2,444 $2,236 $2,002 $1,768
27 $2,970 $2,754 $2,538 $2,322 $2,079 $1,836
28 $3,080 $2,856 $2,632 $2,408 $2,156 $1,904
29 $3,190 $2,958 $2,726 $2,494 $2,233 $1,972
30 $3,300 $3,060 $2,820 $2,580 $2,310 $2,040
31 $3,410 $3,162 $2,914 $2,666 $2,387 $2,108
32 $3,520 $3,264 $3,008 $2,752 $2,464 $2,176
33 $3,630 $3,366 $3,102 $2,838 $2,541 $2,244
34 $3,740 $3,468 $3,196 $2,924 $2,618 $2,312
35 $3,850 $3,570 $3,290 $3,010 $2,695 $2,380
36 $3,960 $3,672 $3,384 $3,096 $2,772 $2,448
37 $4,070 $3,774 $3,478 $3,182 $2,849 $2,516
38 $4,180 $3,876 $3,572 $3,268 $2,926 $2,584
39 $4,290 $3,978 $3,666 $3,354 $3,003 $2,652
40 $4,400 $4,080 $3,760 $3,440 $3,080 $2,720
41 $4,510 $4,182 $3,854 $3,526 $3,157 $2,788
42 $4,620 $4,284 $3,948 $3,612 $3,234 $2,856
43 $4,730 $4,386 $4,042 $3,698 $3,311 $2,924
44 $4,840 $4,488 $4,136 $3,784 $3,388 $2,992
45 $4,950 $4,590 $4,230 $3,870 $3,465 $3,060
46 $5,060 $4,692 $4,324 $3,956 $3,542 $3,128
47 $5,170 $4,794 $4,418 $4,042 $3,619 $3,196
48 $5,280 $4,896 $4,512 $4,128 $3,696 $3,264
49 $5,390 $4,998 $4,606 $4,214 $3,773 $3,332
50 $5,500 $5,100 $4,700 $4,300 $3,850 $3,400
51 $5,610 $5,202 $4,794 $4,386 $3,927 $3,468
52 $5,720 $5,304 $4,888 $4,472 $4,004 $3,536
53 $5,830 $5,406 $4,982 $4,558 $4,081 $3,604
54 $5,940 $5,508 $5,076 $4,644 $4,158 $3,672
55 $6,050 $5,610 $5,170 $4,730 $4,235 $3,740
56 $6,160 $5,712 $5,264 $4,816 $4,312 $3,808
57 $6,270 $5,814 $5,358 $4,902 $4,389 $3,876
58 $6,380 $5,916 $5,452 $4,988 $4,466 $3,944
59 $6,490 $6,018 $5,546 $5,074 $4,543 $4,012
60 $6,600 $6,120 $5,640 $5,160 $4,620 $4,080
Over 60 ft $110/ft $102/ft $94/ft $86/ft $77/ft $68/ft
HARTSHORN MUICIPAL MARINA 2023 TRANSIENT SLIP RATES
Boat Length A B C D E F G H I
25 $19 $22 $27 $31 $32 $37 $40 $44 $48
26 $20 $23 $28 $32 $34 $38 $42 $46 $49
27 $21 $24 $29 $33 $34 $40 $43 $47 $51
28 $21 $25 $30 $35 $38 $41 $45 $49 $53
29 $22 $26 $31 $36 $39 $43 $46 $51 $55
30 $23 $27 $32 $37 $41 $44 $48 $53 $57
31 $24 $28 $33 $37 $42 $46 $50 $54 $59
32 $24 $29 $34 $40 $43 $47 $51 $56 $61
33 $25 $30 $35 $41 $45 $49 $53 $58 $63
34 $26 $31 $36 $42 $46 $50 $54 $60 $65
35 $27 $32 $37 $43 $48 $52 $56 $61 $67
36 $27 $32 $38 $45 $49 $53 $58 $63 $68
37 $28 $33 $39 $46 $50 $55 $59 $65 $70
38 $29 $34 $40 $47 $52 $56 $61 $67 $72
39 $30 $35 $41 $48 $53 $58 $62 $68 $74
40 $30 $36 $42 $50 $54 $59 $64 $70 $76
41 $31 $37 $43 $51 $56 $61 $66 $72 $78
42 $32 $38 $45 $52 $57 $62 $67 $74 $80
43 $33 $38 $46 $53 $58 $64 $69 $76 $82
44 $33 $40 $47 $55 $60 $65 $70 $77 $84
45 $34 $41 $48 $56 $61 $67 $72 $79 $86
46 $35 $41 $49 $57 $63 $68 $74 $81 $87
47 $36 $42 $50 $58 $64 $70 $75 $83 $89
48 $36 $43 $51 $60 $65 $71 $77 $84 $91
49 $37 $44 $52 $61 $67 $73 $78 $86 $93
50 $38 $45 $53 $62 $68 $74 $80 $88 $95
51 $39 $46 $54 $63 $69 $75 $82 $89 $97
52 $40 $47 $55 $64 $71 $77 $83 $91 $99
53 $40 $48 $56 $66 $72 $78 $85 $93 $101
54 $41 $48 $57 $67 $73 $80 $86 $95 $103
55 $42 $49 $58 $68 $75 $81 $88 $96 $105
56 $43 $50 $59 $69 $76 $83 $90 $98 $106
57 $43 $51 $60 $71 $78 $84 $91 $100 $108
58 $44 $52 $61 $72 $79 $86 $93 $102 $110
59 $45 $53 $63 $73 $80 $87 $94 $103 $112
60 $46 $54 $64 $74 $82 $89 $96 $105 $114
61 $46 $55 $65 $76 $83 $90 $98 $107 $116
62 $47 $56 $66 $77 $84 $92 $99 $109 $118
63 $48 $57 $67 $78 $86 $93 $101 $110 $120
64 $49 $58 $68 $79 $87 $95 $102 $112 $122
65 $49 $59 $69 $81 $88 $96 $104 $114 $124
66 $50 $59 $70 $82 $90 $98 $106 $116 $126
67 $51 $60 $71 $83 $91 $99 $107 $118 $127
68 $52 $61 $72 $84 $92 $101 $109 $119 $129
69 $52 $62 $73 $86 $94 $102 $110 $121 $131
70 $53 $63 $74 $87 $95 $104 $112 $123 $133
71 $54 $64 $75 $88 $97 $105 $114 $124 $135
72 $55 $65 $76 $89 $98 $107 $115 $126 $137
73 $55 $66 $77 $91 $99 $108 $117 $128 $139
74 $56 $67 $78 $92 $101 $110 $118 $130 $141
75 ft or greater $0.76 $0.90 $1.06 $1.24 $1.36 $1.48 $1.60 $1.75 $1.90
J
$52
$54 2023 Transient Rates
$56
$58
$60
$62
$64
$66
$68
$70
$72
$74
$76
$78
$80
$82
$84
$87
$89
$91
$93
$95
$97
$99
$101
$103
$105
$107
$109
$111
$113
$115
$117
$119
$122
$124
$126
$128
$130
$132
$134
$136
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$140
$142
$144
$146
$148
$150
$152
$2.06
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 13, 2022 Title: Sanitation Contract Extension
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is seeking Commission approval to adopt a proposed 5.5 Year Extension of Sanitation
Services with Republic Services, Inc. to provide Solid Waste, Recycling and Yard Waste Services
for city residents.
Detailed Summary & Background:
The attached proposal from Republic Services proposed to largely extend the existing services in
place. The major changes are highlighted as follows:
• 5.5 Year Extension (January 1, 2023 – June 30, 2028). Similar to previous extension terms
but modified to align with the city fiscal year with a 4% rate increase on January 1 annually
each year starting in 2024.
• Solid Waste cost per unit (residence) in 2023 at $12.26/Unit (2022 Rate is $11.62/Unit)
• Recycling cost per unit in 2023 is $4.78/Unit (2022 Rate is $4.50/Unit)
• Solid Waste Cost is $100/Load (2022 Rate is $10.50/Ton or roughly $125/Load)
• Offers a soft reopener clause for changes in material elements of work greater than 15%
year over year.
• Provides complimentary service to several city utilized dumpsters around town that support
Park and event operations
• Provides that by 2027 Republic Services will implement a tracking mechanism to record
which properties are collected and which are not on a daily basis and report that out in
electronic format to the City. This information can be the basis of considering an alternative
funding mechanism in future extensions if there is a desire to switch to a pay per use model
rather than a pay per unit model, or to explore options that further incentivize recycling
similar to how Grand Rapids handles their solid waste programming.
• No change to the bulk item (pink sticker) program, or the Neighborhood Dumpster Day
program. Those remain in place at the costs established in previous contracts.
The current contract is set to expire at the end of the calendar year. Staff is very satisfied with the
service that Republic provides in terms of the level of support and cooperation that is involved, as
well as the price per unit to deliver this service to the city.
The first full year of the program is expected to cost approximately $2.2M. The 22/23 budget
includes $2.075M for Republic Services. Being that only ½ of the fiscal year will fall under this new
contract we expect that the 22/23 budgeted amount will very nearly cover the cost of this increase.
Revenue to support these costs are derived from the 3 mill sanitation fee levied on all properties in
the city, in addition to the Sanitation Fee charged on all water bills, and any user fees collected for
bulk item stickers, etc… These revenue sources should continue to fully support the expenses of
this contract with the potential need for minor annual adjustments depending on the growth of the
levied millage.
Goal/Focus Area/Action Item Addressed:
Blight Cleanup / Sustainability In Financial Practices and Infrastructure
Amount Requested: Amount Budgeted:
No Change to Budgeted Amount (22/23) $2.075M (22/23)
$2.20M (23/24) TBD (23/24, and beyond)
$2.29M (24/25)
$2.38M (25/26)
$2.47M (26/27)
$2.57M (27/28)
Fund(s) or Account(s): 101-521 (Sanitation) Fund(s) or Account(s): 101-521 (Sanitation)
Recommended Motion: Approve the 5.5 Year contract extension for sanitation with Republic
Services, Inc.
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:
November 29, 2022
Mr. Leo Evans
Director of Public Works
1350 East Keating Street
Muskegon, MI 49442
Dear Leo,
Republic Services is please to present you with the following contract extension, based
upon our negotiations with yourself and your team:
Contract will be for a 5-years and 6 months term beginning January 1, 2023 and
running through June 30, 2028.
City will own all solid waste containers and will purchase any containers that
may be needed in the future. Republic Services will take those purchased
containers and deliver and/or exchange, the existing containers as directed by
the City of Muskegon.
The agreed upon base price for the start of the new contract will be:
o $12.26/per unit
o $4.78/per unit Recycle based on current count (See Table below)
1x/Mth
Participation # Homes Service
1200 or less $5.26
1200 to 2000 $5.03
2001 to 3500 $4.78
3501 to 5000 $4.46
5001 to 7000 $4.20
7001 + $3.94
Yard waste Disposal to be $100 per load.
All Individual Rates listed in this extension shall be adjusted as follows. January 1, 2023
rates above will be applied; 4% Increase January 1, 2024; 4% Increase January 1, 2025,
4% Increase January 1, 2026; 4% Increase January 1, 2027; 4% Increase January 1,
2028.”
In the event that one or more material elements of cost to provide Service under this
Agreement experiences a year over year (YoY) change greater than 15%, Company
may have a discussion with the City about increasing the Annual Rate Adjustment
above the fixed rate by an additional amount equal to the additional cost increase. A
material element of cost shall be defined as a category of cost making up 5% or more
of the annual costs to provide the Services.
The fuel recovery fee will be modified to a baseline of $4.50/gallon, with
the change being modified to 1%. The city will receive a credit for fuel if
price per gallon falls below $3.15. The credit would then mirror the fuel
recovery fee of 1% at $.25 increments in price.
City will be serviced at no charge at the following sites for front load service:
Marsh Field Pere Marquette Park
McCrea Field Kruse Park
Sheldon Park Reese Field Park
Campbell Field Park Seyferth Park
McGraft Park Smith Ryerson Park
Beukma Park Muskegon DPW
DPW/ Salt Shed 30yd roll-off will be $147.34 per haul / $27.00 per ton
By January 1, 2027, Republic Services will be able to provide the city a “Service Exception
Report”, that will identify residents by address that are not putting their containers out
on their service day. This report will give the city insight into the number of homes that
are using the service and those that are not in any given week. This information will not
be used to make any adjustments to the number of “units” served during the term of this
contract, but rather will be used to collect data and allow for consideration of alternative
billing methods in future contracts for sanitation services. Frequency of reporting,
collection software, reporting output, and other factors to be determined jointly between
Republic Services and the City of Muskegon ahead of implementation.”
Republic Services would like to thank the City of Muskegon for the opportunity to service
you waste removal needs. We believe that we have an excellent working relationship
with the City and its residents and look forward to continuing the relationship in the
future. We appreciate the opportunity to provide you with this proposal for your review
and consideration.
Respectfully,
Jack Brown
Municipal Relationship Manager
Republic Services
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 13, 2022 Title: MCD Native Planting Project
Submitted By: Leo Evans Department: Public Works
Brief Summary: Staff is requesting a letter of support, and commitment of matching funds to
support a joint initiative with the Silversides Museum and the Muskegon Conservation District for a
native planting project.
Detailed Summary & Background:
The Silversides Museum has worked with the City and the Muskegon Conservation District (MCD) to
identify several areas surrounding the museum campus that they would like to see converted into
native plantings. Much of the area is currently maintained as lawn and provides limited
recreational/pollinator value while requiring routine maintenance to maintain. The conversion of these
areas to native plantings would achieve all of goals outlined on page 3 of the 2018 Urban Pollinator
Habitat Plan (attached). This area was not specifically identified in the 2018 plan, however most of
the areas that were identified have already been accomplished or have run into obstacles that have
prevented or delayed implementation.
The project has received a letter of support from the Silversides Museum who is currently responsible
for the maintenance of a portion of the designated area, and is also supported by City staff that
maintain the remainder of the area. Staff from the Silversides Museum has also engaged the
Beachwood-Bluffton Neighborhood Association and has solicited a letter of support from that group.
Staff from the Silversides Museum will also be engaging with the six (6) residents along Channel
Drive regarding the conversion of the property across from them.
MCD is currently in the process of applying for a grant through the Wildflower Association of Michigan
to partially fund this project and is seeking a formal letter of support from the City, authorization to use
the property (City is the underlying land owner of all the impacted property), and a commitment of up
to $4,500 in matching funds to support the invoiced implementation costs. In addition the city will
provide in kind services to support the implementation should the grant be successful by assisting
with yard waste removal and cleanup on the site. A majority of the work will be completed by MCD
staff with assistance from volunteer groups organized through the Silversides Museum.
Though this project was not specifically identified in the initial budget drafting the expense is relatively
small and staff is comfortable that it can be allocated within the existing Parks budget with minimal to
no adverse impacts.
Goal/Focus Area/Action Item Addressed:
Financial Infrastructure / Sustainability / Investigate options to improve environmental sustainability
for projects within the city
Amount Requested: $4,500 Amount Budgeted: $0
Fund(s) or Account(s): 101-770 (Parks Maint) Fund(s) or Account(s): 101-770 (Parks Maint)
Recommended Motion: Authorize the DPW Director to sign the letter of support, the grant
authorization and property access letter, the MCD Cooperator Agreement and commit up to $4,500
in matching funds towards the project implementation should the grant be successful.
Approvals: Legal Review 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 Utility Map Date: 8/3/2022
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