City Commission Packet 03-14-2023

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                                               City of Muskegon
                                           City Commission Meeting
                                                    Agenda

                                           March 14, 2023, 5:30 pm
                                              Muskegon City Hall
                                   933 Terrace Street, Muskegon, MI 49440

AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF MUSKEGON AND ANY OF
ITS COMMITTEES OR SUBCOMMITTEES

To give comment on a live-streamed meeting the city will provide a call-in telephone number to the public to
be able to call and give comment. For a public meeting that is not live-streamed, and which a citizen would like
to watch and give comment, they must contact the City Clerk’s Office with at least a two-business day notice.
The participant will then receive a zoom link which will allow them to watch live and give comment. Contact
information is below. For more details, please visit: www.shorelinecity.com

The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the
hearing impaired and audio tapes of printed materials being considered at the meeting, to individuals with
disabilities who want to attend the meeting with twenty-four (24) hours’ notice to the City of Muskegon.
Individuals with disabilities requiring auxiliary aids or services should contact the City of Muskegon by writing
or by calling the following: Ann Marie Meisch, MMC – City Clerk, 933 Terrace Street, Muskegon, MI 49440;
231-724-6705; [email protected]

                                                                                                          Pages

   1.    Call To Order

   2.    Prayer

   3.    Pledge of Allegiance

   4.    Roll Call

   5.    Honors, Awards, and Presentations

          5.a     Bring it to the Table - Muskegon Community College                                           1

   6.    Public Comment on Agenda Items

   7.    Consent Agenda

          7.a     Approval of Minutes - City Clerk                                                             2
      7.b    Rules of the City Commission - City Clerk                                       27

      7.c    Sale of 363 McLaughlin Avenue - City Manager's Office                           38

      7.d    Sale of 304 McLaughlin Avenue - City Manager's Office                           47

      7.e    Sale of 269 Catherine Avenue - City Manager's Office                            55

      7.f    Fire Truck Equipment - Public Safety

      7.g    Farmers Market Rates - City Clerk                                               66

      7.h    Amend Ordinance Chapter 6, Animals - City Manager's Office                      68

       7.i   Ordinance to Establish Parks & Recreation Advisory Committee - Department of
             Public Works - REMOVED PER STAFF REQUEST

       7.j   1095 Third Street Termination of Purchase Agreement - Economic Development      90

      7.k    On-Premise Tasting Room Permit for Rake Beer Project, LLC - City Clerk          93

       7.l   USACE Right of Entry for Sewer Repair - Department of Public Works              95

      7.m    McGraft Community Building Roof Replacement - Department of Public Works       101

      7.n    Consumers Easement at Water Filtration Plant - Department of Public Works      103

      7.o    Aggregates, Maintenance Materials & Concrete - Department of Public Works      110

      7.p    Olthoff Drive Grant Agreement - Department of Public Works                     114

      7.q    1st Amendment to the Temporary Water Operator Agreement with Muskegon          128
             Heights - City Manager

 8.   Public Hearings

      8.a    Recommendation for Annual Renewal of Liquor Licenses - City Clerk              132

      8.b    Public Hearing-Brownfield Plan Amendment, 2nd Amendment, Adelaide Pointe       133
             QOZB, LLC - Development Services

 9.   Unfinished Business

      9.a    Housing Board of Appeals Demolition - 835 W. Forest - Public Safety            218

10.   New Business
      10.a    Housing Board of Appeals Demolitions - 1420 S. Getty Street, 1101 Spring
              Street - Public Safety - REMOVED PER STAFF REQUEST

      10.b    2nd Quarter Budget Reforecast - Finance                                    224

      10.c    2nd Amendment, Brownfield Development & Reimbursement Agreement,           268
              Adelaide Pointe QOZB, LLC - Development Services

      10.d    1095 Third Street Proposal Reviews - Economic Development                  281

11.   Any Other Business

12.   Public Comment on Non-Agenda items

13.   Closed Session

14.   Adjournment
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BRING IT TO THE TABLE




what:      Film Screening + Discussion with Emmy-Nominated Director Julie Winokur

when:
       Film Screening and Dialogue
where:
  Wednesday, March 15, 2023, 6:30pm
          MCC Overbrook Theater
                                                                                                bringit2thetable.org
                This program is sponsored by the Muskegon Community College Center for Experiential Learning,
                 the Muskegon Area District Library, Muskegon Center for Holocaust and Genocide Studies, and
                                         Foundation for Muskegon Community College
Packet Page 1
                         Agenda Item Review Form
                          Muskegon City Commission

    Commission Meeting Date: March 14, 2023            Title: Approval of Minutes

    Submitted By: Ann Marie Meisch, MMC                Department: City Clerk

    Brief Summary:    To approve minutes of the February 13, 2023 Worksession, February 14, 2023
    Worksession, and the February 14, 2023 Regular Meeting.



    Detailed Summary:



    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:




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                                                City of Muskegon

                                                 Work Session

                                                    Minutes


                                        February 13, 2023, 5:30 pm
                                            Muskegon City Hall
                                  933 Terrace Street, Muskegon, MI 49440

     Present:                   Mayor Ken Johnson
                                Commissioner Rachel Gorman
                                Commissioner Rebecca St.Clair
                                Commissioner Eric Hood
                                Vice Mayor Willie German, Jr.
                                Commissioner Teresa Emory

     Absent:                    Commissioner Michael Ramsey

     Staff Present:             City Manager Jonathan Seyferth
                                City Clerk Ann Meisch
                                City Attorney John Schrier
                                Deputy City Clerk Kimberly Young



     1.     Call to Order

            The Worksession meeting was called to order by Mayor Johnson at 5:30 p.m.

     2.     New Business

            2.a       Police K9 Unit Proposal

                      Sergeant Bridget Bofysil to present K9 Unit Proposal with K9 Nitro, K9 Sully and
                      K9 Conan.

                      Public Safety Director, Tim Kozal, gave an overview of the potential K9 program
                      and talked about how it would be beneficial to the city and introduce Sgt.
                      Bofysil. Sgt. Bofysil had her dog Nitro with her and comes to the City with 14
                      years of experience in training and handline K9 dogs. She provided information



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                  to the commission about the different areas that the K9's can be certified in and
                  the training that they go through.

                  The Police K9 has a unique impact on the community it serves. The K9s are, most
                  importantly, some of the best and most-loved ambassadors of the department -
                  appearing at special events and interacting with the community for public
                  relations purposes. While most people are hesitant to start a conversation with
                  an officer, they will not think twice about asking to pet the dog. A K9 can both
                  provide valuable tools for the department and break down barriers between the
                  police and the public they serve. These dogs assist in a myriad of areas: drug
                  enforcement, explosives detection, tracking, search and rescue, finding
                  evidence, officer safety and apprehending fleeing subjects through use of non-
                  lethal force. The addition of a K9 team would be another tool for the department
                  to utilize to reduce crime, provide professional police services, and create a
                  positive connection to the City of Muskegon. K9 appearances at local events are
                  natural opportunities to create a connection between the community and the
                  police.

                  Discussion took place regarding the program and the Police Department will
                  work to create policies and a budget to assess the feasibility. Sgt. Bofysil has
                  volunteered to train additional dogs as well as dog handlers and also
                  volunteered the use of her dogs for the program.

            2.b   1033 Program Presentation

                  The Law Enforcement Support Office (LESO) is a division under the United States
                  Department of Defense (DoD) responsible for managing the "1033 Program",
                  which transfers excess weapons, equipment, and vehicles from the United States
                  Armed Forces to civilian law enforcement agencies. Since inception, nearly
                  10,000 jurisdictions have received more than $7 billion worth of equipment.
                  There is no cost to become a member of this program and equipment is free.
                  Shipping costs are sometimes associated. There are strict state oversite
                  mechanisms for inventory control.

                  The Muskegon Police Department is now a part of the program. We will monitor
                  for available equipment that can benefit the department. We are not interested
                  in any vehicles.

                  Public Safety Director Tim Kozal wants to bring to the attention of the
                  commission the availability of a program by which the city of Muskegon will be



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                  able to acquire military equipment under the 1033 Program. This will help to
                  defray costs of the ongoing needs of our police department.

                  Discussion took place regarding the program.

            2.c   Marihauna Ordinance and Social Equity

                  Staff would like to discuss adding “Processing” as a special use permitted in B-2,
                  B-4, MC, I-1 and I-2 zoning districts. Staff will also present the draft Request for
                  Proposal for expungement clinics.

                  In 2020, in an effort to help residents enter the marihuana industry, the
                  Commission approved “Microbusinesses,” “Class B Rec Grows (500 plants)” and
                  “Consumption Establishments” in B-2, B-4, MC, I-1 and I-2 zoning districts. It
                  appears as though processing was overlooked, since processing is an allowed use
                  at microbusinesses. Processing was left out of the license types allowed by the
                  city for a number of reasons. It may be time to consider adding this license type
                  to what is allowed.

                  RFP for Expungement Program. This is a basic RFP to invite companies propose
                  costs and procedures to conduct a one-time clinic, three over the course of a
                  year. We anticipate the service to be at no cost to city residents, non-residents
                  may assume some costs for fingerprinting. We may only serve city residents. The
                  commission wants to pay all of the fees for residents, app fee, fingerprinting,
                  background checks, etc....we may need to have city staff available to determine
                  residency and collect appropriate fees from non-residents.

                  Discussion took place regarding the proposed revision to the Marihuana
                  Ordinance as it pertains to allowed license types. This will be addressed again at
                  a later date. The Commission also discussed the Expungement Clinic(s) RFP that
                  will go out soon.

            2.d   Arena Solar Power Purchase Agreement - DPW and Arena

                  Staff presented a revised solar power purchase agreement (PPA) for the arena.

                  This item was discussed at the July, 2020 work session and the April 27 th, 2021
                  regular meeting before being approved in a prior format at the June 8 th, 2021
                  meeting. Due to tax issues, it was then rescinded at the June 14 th, 2022 meeting.

                  The tax issues have been resolved due to additional incentives being available, so
                  a new financier (Sunwealth, LLC) has agreed to take the project on. Staff and our



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                  consultant, Charthouse Energy, will present the project and its anticipated
                  benefits for discussion. The proposed PPA agreement is included for review.

                  Discussion took place and this item will be returned to Commission at a later
                  date.

            2.e   Landscaping Contract - DPW

                  Staff will present the results of the landscaping RFP and a cost share for
                  discussion.

                  Staff has worked with the Downtown BID, DDA, Chamber and other stakeholders
                  to develop a landscaping contract 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 to improve service in other
                  areas of the city parks. The RFP was presented to the Commission at the
                  November 7, 2022 combined work session and regular meeting.

                  The contract proposes eight (8) areas identified on the included map, with each
                  area having a distinct scope of work and a proposed assigned cost share, as a 3-
                  year contract with optional extensions for a 4th and 5th year. The original RFP
                  included work in the Lakeside area, but those businesses have decided not to
                  participate at this time.

                  The DDA and Downtown BID will have a similar discussion earlier in the day on
                  the 13th of February, specifically to review the cost share proposal that is
                  included herein for your review. The Downtown BID is expiring, so the
                  organizations are jointly deciding how to fund their share going forward.
                  Depending on the outcome of all of these discussions, the City will manage the
                  contract and invoice the other organizations for their share as shown in the
                  attachment.

                  AMOUNT REQUESTED: $27,840 Parks/General           AMOUNT BUDGETED: $0 FY23

                  AMOUNT REQUESTED: $7,920 Farmers Market AMOUNT BUDGETED: As
                  Needed FY24

                  FUND OR ACCOUNTS: 101-770 (Parks) & 101-808 (Farmers Market)

                  Discussion took place regarding the landscaping contracts, this item will be
                  considered at a later date.

     3.     Public Comment

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            Public comment was received.

     4.     Closed Session

            4.a   Land Acquisition

                  No. 2023-23

                  Motion by: Commissioner St.Clair
                  Second by: Vice Mayor German

                  Motion to go into closed session to consider material exempt from discussion or
                  disclosure by state or federal statute, specifically being an attorney client
                  confidential communication.

                  YES: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair,
                  Commissioner Hood, Vice Mayor German, and Commissioner Emory

                  Absent (1): Commissioner Ramsey

                                                                           MOTION PASSES (6 to 0)


                  No. 2023-24

                  Motion by: Commissioner Gorman
                  Second by: Commissioner Emory

                  To go into open session.

                                                                                    MOTION PASSES


            4.b   Pending Litigation

                  No. 2023-25

                  Motion by: Commissioner St.Clair
                  Second by: Commissioner Gorman

                  To go into closed session to consult with our attorney regarding trial and
                  settlement strategy in connection with West Michigan Dock and Market
                  Corporation versus City of Muskegon, Muskegon County Circuit Court Case
                  Number 22-003962 CZ because an open meeting would have a detrimental
                  financial effect on the litigating and settlement position of the City of Muskegon.



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                   YES: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair,
                   Commissioner Hood, Vice Mayor German, and Commissioner Emory

                   Absent (1): Commissioner Ramsey

                                                                         MOTION PASSES (6 to 0)


                   No. 2023-26

                   Motion by: Commissioner St.Clair
                   Second by: Commissioner Gorman

                   To go into open session.

                                                                                 MOTION PASSES


     5.     Adjournment

            The Work Session meeting went into closed session at 6:55 and adjourned at 8:20 p.m..



                                                                    _________________________

                                                                           Respectfully Submitted,

                                                              Ann Marie Meisch, MMC - City Clerk




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                                 CITY OF MUSKEGON
                          SPECIAL CITY COMMISSION MEETING


                               February 14, 2023 @ 5:00 p.m.
                 Muskegon City Hall, 933 Terrace Street, Muskegon, MI 49440
                         In the Commission Chambers, Room 107

                                        MINUTES
     Present: Mayor Johnson, Vice Mayor German, Commissioners Emory, St.Clair, Hood,
     and Gorman.

     Absent: Commissioner Ramsey

     2023-27
     Motion by Commissioner St.Clair, seconded by Commissioner Emory to go into
     closed session to consult with our attorney regarding settlement strategy in
     connection with Rachel McMillan versus City of Muskegon, Jeff Lewis and Jay
     Paulson, Muskegon County Circuit Court Case Number 22-002888-CZ because an
     open meeting would have a detrimental financial effect on the settlement position
     of the City of Muskegon.

     Roll Call Vote:

     Ayes: Johnson, Hood, German, Gorman, Emory, and St.Clair.
     Nays: None.
     Absent: Ramsey

                                                             MOTION PASSES.


     2023-28
     Motion by Commissioner Gorman, seconded by Commissioner St.Clair to go into
     open session.

                                                             MOTION PASSES.




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     2023-29
     Motion by Commissioner St.Clair, seconded by Commissioner Emory to approve
     the proposed settlement and authorize the City manager to sign the Settlement
     Agreement.

     Roll Call Vote:

     Ayes: German, Gorman, Emory, St.Clair, Johnson, and Hood
     Nays: None.
     Absent: Ramsey

                                                            MOTION PASSES.

     PUBLIC PARTICIPATION

     None.

     ADJOURN

     Motion by Commissioner Gorman, seconded by Commissioner St. Clair to
     adjourn the meeting at 5:22 pm.

                                                            MOTION PASSES.



                                         Respectfully Submitted,



                                         Ann Marie Meisch, MMC – City Clerk




Packet Page 10
                                      City of Muskegon
                                  City Commission Meeting
                                           Minutes


                                 February 14, 2023, 5:30 pm
                                     Muskegon City Hall
                           933 Terrace Street, Muskegon, MI 49440

     Present:              Mayor Ken Johnson
                           Commissioner Rachel Gorman
                           Commissioner Rebecca St.Clair
                           Commissioner Eric Hood
                           Vice Mayor Willie German, Jr.
                           Commissioner Teresa Emory

     Absent:               Commissioner Michael Ramsey

     Staff Present:        City Manager Jonathan Seyferth
                           City Attorney John Schrier
                           City Clerk Ann Meisch
                           Deputy City Clerk Kimberly Young



     1.    Call To Order

           The Regular Meeting of the City of Muskegon was held at City Hall, 933 Terrace
           Street, Muskegon, Michigan at 5:30 p.m., on Tuesday, February 14, 2023.
     2.    Prayer

           Pastor E.J. Wood from All Shores Wesleyan Church opened the meeting with a
           prayer.
     3.    Pledge of Allegiance
           The Commission and public recited the Pledge of Allegiance to the Flag.
     4.    Roll Call
           As recorded above
     5.    Honors, Awards, and Presentations


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           5.a   Introduction of New Staff - Planning & Economic Development

                 Economic Development Director, Jake Eckholm, introduced Wendy
                 Webster - Administrative Assistant to the Planning and Economic
                 Development Department. She comes to us from SafeBuilt and has also
                 worked for Muskegon Public Schools in the past.
     6.    Public Comment on Agenda Items
           Public comments were received.
     7.    Consent Agenda
           Action No. 2023-30

           Motion by: Vice Mayor German
           Second by: Commissioner St.Clair
           To accept the consent agenda as presented, minus item E.
           Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair,
           Commissioner Hood, Vice Mayor German, Commissioner Emory
           Absent (1): Commissioner Ramsey

                                                                 MOTION PASSES (6 to 0)


           7.a   Approval of Minutes - City Clerk

                 To approve the minutes of the January 9, 2023 Worksession and January
                 10, 2023 Commission Meeting.
                 STAFF RECOMMENDATION: To approve the minutes.
           7.b   AgeWell Services Non-Profit Recognition - City Clerk

                 AgeWell Services is requesting recognition as a non-profit in the City of
                 Muskegon for the purpose of obtaining charitable gaming licenses for
                 raffles.

                 STAFF RECOMMENDATION: To approve the request from AgeWell
                 Services to be recognized as a non-profit in the City of Muskegon and
                 approve the Local Governing Body Resolution for Charitable Gaming
                 Licenses.
           7.c   Use of DMDC Property Downtown Muskegon - City Clerk




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                 The DMDC has been paying taxes and upkeep for many years on several
                 lots currently being used by the City or for parking by the general public in
                 downtown. The DMDC is requesting a payment of $25,500 to assist with
                 paying those expenses.

                 The DMDC is currently paying for the upkeep of 387 Morris Avenue, 401
                 Morris, 351 W. Western, 325 W. Western, 307 W. Western, 299 W.
                 Western, 295 W. Western, and 292 W. Western. The attached
                 spreadsheet indicates an estimated cost that is over $25,000 annually.
                 The DMDC has approached the City asking if we could assist in paying
                 these funds.
                 AMOUNT REQUESTED: $25,500
                 AMOUNT BUDGETED: $5,000 from Western Market
                 FUND OR ACCOUNT: $12,000 from Western Market Fund - 252-807-801
                 FUND OR ACCOUNT: $13,500 from Public Improvement Fund - 445-807-
                 801

                 STAFF RECOMMENDATION: To authorize a payment of $25,500 to the
                 DMDC for the use of the property.
           7.d   Taste of Muskegon Liquor License - City Clerk

                 The Muskegon City Clerk’s Office is seeking commission approval to
                 apply for a special liquor license for beer, wine and spirit service for the
                 Taste of Muskegon being held in Hackley Park on Friday, June 9, 2023
                 and Saturday, June 10, 2023.

                 STAFF RECOMMENDATION: Authorize the City Clerk's Office to apply
                 for a special liquor license for the Taste of Muskegon.

           7.f   FY23 Municipal Senior Millage Funding - Community &
                 Neighborhood Services

                 To approve allocations of the Municipal Senior Millage funding to city
                 programs geared toward citizens who are 60 years of age, or older. An
                 allocation of $101,234.00 from the county of Muskegon FY23 Municipal
                 Senior Millage funding is budgeted for the following programs:

                 Power of Produce (Farmer’s Market) - $ 19,700
                 Senior Project Fresh- $300
                 Home Repairs (CNS) - $ 81,234



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                 STAFF RECOMMENDATION: To approve the budget proposed for City of
                 Muskegon programs utilizing FY23 Municipal Senior Millage Funds from
                 the County of Muskegon.
           7.g   Sale of 1334 Pine Street - City Manager

                 Staff is requesting approval of a new purchase agreement for 1334 Pine
                 Street. 1334 Pine Street was constructed through the agreement with
                 Dave Dusendang to construct infill housing with ARPA funding. The
                 previous offer has been terminated through a mutual release. This new
                 offer is for the full listing price and is not contingent upon the sale of the
                 buyer’s current home.

                 STAFF RECOMMENDATION: To approve the Purchase Agreement for
                 1334 Pine Street.
           7.h   MERS-Police Command Employee Contribution Rate - Finance
                 The City seeks to adopt the Police Command Defined Benefit Employee
                 Contribution as negotiated per their contract.

                 The Finance Department wants permission to sign a Defined Benefit Plan
                 Adoption Agreement to reduce the employee contribution rate for Police
                 Command as follows:

                 A police command defined benefit employee shall effective January 1,
                 2023:

                 Employees shall contribute 3% of their compensation towards the defined
                 benefit plan as defined by MERS

                 STAFF RECOMMENDATION: To approve the required employee
                 contribution 3% for Police Command Defined Benefits.
           7.i   MERS - Police Command DC Employee Contribution Rate - Finance

                 The City seeks to adopt the Police Command Defined Contribution Plan
                 Employee’s Contribution rate as negotiated per their contract.
                 The Finance Department wants permission to sign a Defined Contribution
                 Plan Adoption Agreement to increase the employee contribution rate for
                 Police Command as follows:

                 A police command defined benefit employee shall effective January 1,
                 2023:




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                 Employees shall contribute 9% of their compensation towards the defined
                 benefit plan as defined by MERS. The previous contribution rate was 6%.

                 STAFF RECOMMENDATION: To approve the required employee
                 contribution of 9% for Police Command Defined Benefit Plan.
           7.j   MERS - Police Command HCSP Employee and Employer
                 Contribution Rates - Finance
                 The City seeks to adopt the Police Command’s Health Care Saving
                 Program contribution rates as negotiated per their contract.

                 The Finance Department wants permission to sign the Health Care
                 Savings Plan Agreement to reduce the employee contribution rate for
                 Police Command as follows:

                 A police command defined benefit employee shall effective January 1,
                 2023:

                       Police Command employees who are eligible to receive retiree
                        healthcare benefits will contribute 3 % of their Medicare taxable
                        wages towards the Health Care Savings program with no employer
                        contribution
                 Police Command employees who are not eligible to receive retiree
                 healthcare benefits will contribute 6% of their Medicare taxable wages
                 towards the Health Care Savings program with a 6% employer
                 contribution.

                 STAFF RECOMMENDATION: To approve the required employee and
                 employer Health Care Saving Program Contributions.
           7.k   Deficit Elimination Plan - Marina Fund - Finance

                 To approve the Deficit Elimination plan and resolution for the Marina Fund
                 and direct staff to submit plan to the State of Michigan.

                 At June 30, 2022 the Marina Fund had a $395,374.00 deficit. Act 275 of
                 Public Acts of 1980 requires the City to formulate a deficit elimination plan
                 and submit it to the Michigan Department of Treasury. The deficit
                 elimination plan and resolution for the Marina Fund are attached.

                 The original deficit elimination plan had to extended another year. It will
                 require a $450,000 transfer from General Fund in 2022-23 and a $260,000
                 transfer from the General Fund in 2023-24.
                 AMOUNT REQUESTED: $450,000 22-23 AND $260,000 23-24

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                 From General Fund to Marina

                 STAFF RECOMMENDATION: To approve the Deficit Elimination
                 Resolution for the Marina.
           7.l   Deficit Elimination Plan - Brownfield Redevelopment Authority
                 (combined) - Finance

                 To approve the Deficit Elimination plan and resolution for the Brownfield
                 Redevelopment Authority (combined) and direct staff to submit plan to the
                 State of Michigan.

                 At June 30, 2022 the Brownfield Redevelopment Authority (combined) had
                 a $64,211.00 deficit. Act 275 of Public Acts of 1980 requires the City to
                 formulate a deficit elimination plan and submit it to the Michigan
                 Department of Treasury. The deficit elimination plan and resolution for the
                 Brown Field Redevelopment are attached.
                 The State wanted more clarification on the deficit with a different layout,
                 plus I extended the plan one more year.

                 STAFF RECOMMENDATION: To approve the Deficit Elimination
                 Resolution for the Brownfield Redevelopment Authority.
           7.m   CSX Rail, Authorization to Close - City Manager

                 This is an authorization to close on the purchase of the CSX rail line from
                 near the Boys and Girls Club west to Windward Point though the Nims
                 and Lakeside Neighborhoods. The Commission authorized purchase of
                 the property on May 24, 2022. This is just a technical step that has to be
                 taken before closing documents are signed.
                 Related to the Windward Point development the City has agreed to use
                 about $1.688 million of APRA funding to purchase the abandoned rail road
                 spur that runs along Muskegon Lake in the Nims and Lakeside
                 neighborhoods. The City’s costs for the purchase will be reimbursable
                 through the Windward Point brownfield TIF.

                 The City has let it be known to the developers that we are willing to
                 negotiate our position within the TIF depending on what occurs with the
                 development. We’ve also indicated a willingness to reduce the amount of
                 our capture if the percent of public access to Muskegon Lake is increased.

                 Because these are both items that would be negotiated with the final
                 developer and not the current owners, those items are still to be



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                 determined. However, with the current agreement and our costs going into
                 the brownfield, the City would be reimbursed for its investment.

                 The City Commission authorized the purchase of rail road line/abandoned
                 spur on May 24, 2022 on a 6-0 vote.

                 Other past action includes the approval to extend the closing date which
                 was approved by the Commission on Nov. 22, 2022, this extended the
                 closing window to the end of the First Quarter of 2023.
                 It is anticipated closing will happen before the end of February.

                 STAFF RECOMMENDATION: To authorize the City Manager to sign
                 closing documents related to the City's purchase of the abandoned Rail
                 Road Spur owned by CSX.
           7.e   Voting Precincts - City Clerk

                 Muskegon Public Schools is currently renovating many of their buildings.
                 Several of these buildings are currently precincts. The City Clerk’s Office
                 requests to move those precincts to accommodate the renovations.

                 We have searched for new locations for precincts that must move before
                 renovations begin and before the 2024 Election cycle. After careful
                 consideration and visiting the buildings, we recommend to move Precincts
                 3 and 4 from Muskegon Middle School to Central Assembly of God, 896
                 Home Street in their gym, move Precinct 2 from Marquette Elementary to
                 Bethesda Baptist Church, 575 S. Getty, and move Precinct 11, from
                 Glenside Elementary to Celebration Community, 1260 W. Sherman. Each
                 location has received permission to offer us the locations and we would
                 pay $500 each as we currently pay Lakeside Baptist Church for their time
                 to open the building early in the morning, the use of their tables and
                 facilities, and closing late into the evening.
                 AMOUNT REQUESTED: $500 per location for each Election
                 FUND OR ACCOUNT: 101-215-801 (Elections)

                 STAFF RECOMMENDATION: To authorize the movement of Precincts 3
                 and 4 from Muskegon Middle School to Central Assembly of God, 896
                 Home Street, move Precinct 2 from Marquette Elementary to Bethesda
                 Baptist Church, 575 S. Getty, and move Precinct 11, from Glenside
                 Elementary to Celebration Community, 1260 W. Sherman.
                 Action No. 2023-31



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                 Motion by: Commissioner Gorman
                 Second by: Commissioner Emory

                 To authorize the movement of Precincts 3 and 4 from Muskegon Middle
                 School to Central Assembly of God, 896 Home Street, move Precinct 2
                 from Marquette Elementary to Bethesda Baptist Church, 575 S. Getty, and
                 move Precinct 11, from Glenside Elementary to Celebration Community,
                 1260 W. Sherman.
                 Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
                 St.Clair, Commissioner Hood, Vice Mayor German, Commissioner Emory
                 Absent (1): Commissioner Ramsey

                                                                 MOTION PASSES (6 to 0)


     8.    Public Hearings

           8.a   2021 Consolidated Annual Performance Evaluation Report (CAPER)
                 Hearing - Community & Neighborhood Services

                 The CAPER is available on our website for citizen review and comment
                 period of 15 days from January 29 -February 17, 2023. A public Hearing is
                 another opportunity to comment about the Federal CDBG and HOME
                 program activities performed during the fiscal year 2021 (July 1, 2021 -
                 June 30, 2022).

                 Click on the link to view the CAPER https://muskegon-mi.gov/city-
                 services/development-services/community-neighborhood-services/reports/

                 STAFF RECOMMENDATION: To conduct a Public Hearing for the 2021
                 CAPER review.

                 Sharonda Carson, Community and Neighborhood Services Director
                 provided a brief overview of the 2021 Consolidated Annual Performance
                 Evaluation Report.
                 Public Hearing Commenced:
                 Raynice Starr - spoke in favor of the department and it's resources.

                 Marriah McIntosh - provided comments on the issue of community land
                 trust issues; has reservations this program and wants more input from
                 community.
                 Director Carson spoke about qualifications for programs


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                 Randy VanderWhite - asked about community land trust that is referenced
                 in the CAPER on the city's website.
                 Action No. 2023-32

                 Motion by: Commissioner Gorman
                 Second by: Commissioner Hood
                 To close the public hearing.
                 Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
                 St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner
                 Emory
                 Absent (1): Commissioner Ramsey
                                                                    MOTION PASSES (6 to 0)


     9.    Unfinished Business
           9.a   ARPA Community Grant Program - Development Services

                 Seeking authorization to dedicate $1,500,000 from the City’s remaining
                 allocation of American Rescue Plan Act (ARPA) federal stimulus funds for
                 the creation of an “ARPA Community Grant” program.

                 The federal American Rescue Plan Act of 2021 (ARP), signed into law
                 3/11/21, provided $350 billion to eligible state, local, territorial, and tribal
                 governments to support and meet the public health and economic needs
                 of those impacted by the COVID-19 public health emergency in their
                 communities as well as address longstanding health and economic
                 disparities, which amplified the impact of the pandemic in disproportionally
                 impacted communities, resulting in more severe pandemic impacts. These
                 funds are being made available through the federal Coronavirus State and
                 Local Fiscal Recovery Funds (“SLFRF”) program. The program ensures
                 that governments have the resources needed to:

                       Fight the pandemic and support families and businesses struggling
                        with its public health and economic impacts,

                       Maintain vital public services, even amid declines in revenue, and

                       Build a strong, resilient, and equitable recovery by making
                        investments that support long-term growth and opportunity.




                                                 9
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                 Of the approximately $6.1M from the City’s remaining balance of federal
                 ARPA stimulus funds, $1.5M would be available to establish a new city-
                 sponsored ARPA Community Grant program.

                 Grant funds are intended to advance equity, strengthen the economic
                 vitality of the city, and strengthen the quality of life for city residents.
                 Proposals must meet the objectives of the ARPA program and be aligned
                 with the City’s Long Term Goals and strategic priorities.
                 Grant program details:

                       Eligible applicants: 501(c)(3) nonprofit organizations & small
                        businesses, located in the city.

                       Grant funds to be used for costs incurred on or after March 3, 2021.

                       Grant Applications available 3/1/23. Application deadline
                        3/31/23. ARPA Community Grant Review Committee will rank
                        eligible applications and submit recommendations to the
                        Commission. Commission will review and make funding
                        decisions at the April 25th Commission meeting. Final
                        Commission recommendations announced by April 26th.

                       ARPA Community Grant Review Committee - one City
                        Commissioner, one representative from each of the (4) City
                        Commission Wards, and City Manager. Two representative(s) from
                        local Community Based Organizations will also be included to act in
                        an advisory role only.

                       Grant award range - $25,000 to 250,000. Fixed grant requested
                        amounts in the following increments only: $25,000, $50,000,
                        $75,000, $100,000, $150,000, $200,000 or $250,000.

                       Proposed projects must be obligated/contracted by 12/31/24, and
                        funds spent by 12/31/26.

                       Applicants awarded grant funds will enter into a contractual
                        agreement (SLFRF Beneficiary Agreement) with the city which
                        outlines general obligations and reporting requirements.
                 AMOUNT REQUESTED: $1,500,000
                 AMOUNT BUDGETED: $1,500,000
                 FUND OR ACCOUNT: 101-901-982-092112



                                               10
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                 STAFF RECOMMENDATION: To authorize $1,500,000 from the City’s
                 allocation of American Rescue Plan Act (ARPA) federal stimulus funds to
                 create an ARPA Community Grant program.
                 Action No. 2023-33 - Main Motion

                 Motion by: Commissioner St.Clair
                 Second by: Commissioner Emory
                 To authorize $1,500,000 $1,600,000 from the City's allocation of American
                 Rescue Plan Act (ARPA) federal stimulus funds to create an ARPA
                 Community Grant Program, and to revisit unallocated ARPA funds as they
                 become available, before December 31, 2024. (As amended in the
                 following motions)

                 Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
                 St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner
                 Emory
                 Absent (1): Commissioner Ramsey

                                                               MOTION PASSES (6 to 0)


                 Amendment:
                 Action No. 2023-33 Primary Amendment

                 Motion by: Vice Mayor German
                 Second by: Commissioner Hood

                 To amend the motion by increasing the ARPA Community Grant allocation
                 from $1,500,00 to $2,000,000 to $1,600,000 and to revisit unallocated
                 ARPA funds as they become available, before December 31, 2024. (As
                 amended in the following Amendment to the Amendment)

                 Ayes: (5): Mayor Johnson, Commissioner Gorman, Commissioner
                 St.Clair, Commissioner Hood, and Commissioner Emory
                 Nays: (1): Vice Mayor German
                 Absent (1): Commissioner Ramsey

                                                               MOTION PASSES (5 to 1)


                 Amendment:
                 Action No. 2023-33 Secondary Amendment


                                             11
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                  Motion by: Commissioner St.Clair
                  Second by: Commissioner Emory

                  To amend the amendment and increase the amount of the ARPA
                  allocation from $1,500,00 to $1,600,000 instead of $2,000,000 and to
                  revisit unallocated ARPA funds as they become available, before
                  December 31, 2024.
                  Ayes: (5): Mayor Johnson, Commissioner Gorman, Commissioner
                  St.Clair, Commissioner Hood, and Commissioner Emory
                  Nays: (1): Vice Mayor German
                  Absent (1): Commissioner Ramsey

                                                                  MOTION PASSES (5 to 1)


     10.   New Business

           10.a   Adelaide Pointe - First Addendum - City Manager - REMOVED PER
                  STAFF REQUEST

           10.b Second Amendment to the Planned Unit Development at Adelaide
                Pointe (1148 & 1204 W. Western Avenue) - Planning

                  Request to amend the final Planned Unit Development at 1148 & 1204 W
                  Western Ave (Adelaide Point).
                  Changes from the last approved plan include the following:

                        Condo building one (west waterfront side of development) rotated
                         slightly to avoid the bike trail.

                        Swimming pool from condo building one removed.

                        East basin boat launch removed. Boats will now be launched at the
                         Hartshorn launch ramp. It will remain open to the public and also be
                         used to launch boats from the proposed Hartshorn Village boat
                         storage building.

                        Boat condo structures (C6) combined into one building.
                  A motion to recommend approval of the PUD was approved by a 5-1 vote.

                  STAFF RECOMMENDATION: To approve the request to amend the final
                  Planned Unit Development at 1148 & 1204 W. Western Avenue (Adelaide
                  Pointe).


                                               12
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                  Action No. 2023-34

                  Motion by: Commissioner St.Clair
                  Second by: Commissioner Gorman

                  To approve the request to amend the final Planned Unit Development at
                  1148 & 1204 W. Western Avenue (Adelaide Pointe).
                  Ayes: (5): Mayor Johnson, Commissioner Gorman, Commissioner
                  St.Clair, Commissioner Hood, and Commissioner Emory
                  Nays: (1): Vice Mayor German
                  Absent (1): Commissioner Ramsey

                                                                   MOTION PASSES (5 to 1)


           10.c   Second Amendment to the Planned Unit Development at Hartshorn
                  Village (920, 1050, 1060, 1000 and 1010 W. Western Ave) - Planning
                  Request to amend the final Planned Unit Development at 920, 1050,
                  1060, 1000 and 1010 W Western Ave (Hartshorn Village).
                  Changes from the last approved plan include the following:

                        The next phase (Phase 2) of the single-family development has
                         been reduced in size to what is now indicated on the plans. An
                         additional 10 units (units 11-20) are proposed. With the reduced
                         scope of Phase 2, the existing access from W Western to the
                         parking area along the lake will remain. Development plans for the
                         remaining property west of the access drive is yet to be
                         determined. Once plans are finalized, the applicant will submit
                         plans outlining the details. The parking lot to the north of the bike
                         path, adjacent to the lake, will also remain. Previous plans depicted
                         this area as public green space.

                        For the west parcel adjacent to Adelaide Point a boat storage
                         facility will be constructed in the area previously approved for eight
                         single-family houses and a 17-unit condo building. The facility will
                         provide winter storage and short-term seasonal storage and
                         launching of boats for customers. Boats will need to be transported
                         over the bike path. The proposed bike path is planned to stay in
                         place, but it will be barricaded off when a boat is being launched.
                         There will be a new alternate bike path around the building for
                         when that happens. Please note that the Adelaide Point

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                        development is no longer planning on using their east basin to
                        launch boats. Boats from that development will also be using the
                        Hartshorn launch ramp as well as the general public.

                       The existing parking for Fricano’s Place will remain as it currently is
                        and the new parking to the west will be eliminated.

                       The Hartshorn Village Condominium will be amended and all
                        documents revised to convert the condominium from a traditional
                        condominium to a site condominium.

                 A motion to approve the PUD with conditions was approved by a 4-3 vote.
                 The conditions included:

                       Stormwater permit is issued by the City Engineering Department

                       10-inch concrete to be installed where forklift operates.

                       Bike path is elevated near the wetlands.

                       Future community (building) and pool location be removed.

                       That the gate from the large boat basin be removed.

                 These conditions have been met with updates to the site plan. The
                 stormwater permit is currently being amended.

                 STAFF RECOMMENDATION: To approve the request to amend the final
                 Planned Unit Development at 920, 1050, 1060, 1000 and 1010 W.
                 Western Avenue (Hartshorn Village) with the condition that a stormwater
                 permit is issued from the Engineering Department.
                 Action No. 2023-35
                 Motion by: Commissioner St.Clair
                 Second by: Commissioner Hood

                 To approve the request to amend the final Planned Unit Development at
                 920, 1050, 1060, 1000 and 1010 W. Western Avenue (Hartshorn Village)
                 with the conditions that a stormwater permit is issued from the
                 Engineering Department, a sidewalk be added, that the driveway from
                 Western Avenue to Hartshorn parking lot/launch ramp be publicly
                 accessible, and there is a 10 ft. setback and landscaping between the
                 boat storage building and the bike path.




                                               14
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                     Ayes: (5): Mayor Johnson, Commissioner Gorman, Commissioner
                     St.Clair, Commissioner Hood, and Commissioner Emory
                     Nays: (1): Vice Mayor German
                     Absent (1): Commissioner Ramsey

                                                                     MOTION PASSES (5 to 1)


     11.   Any Other Business
           11.a      Re: Adelaide Pointe Addendum

                     Mayor Johnson spoke regarding potentially placing the Adelaide Pointe
                     Addendum on the Legislative Policy Committee meeting agenda
                     Wednesday, February 22, 2023 at 5:30 - along with other items.
           11.b Recognition of Black History Month

                     In recognition of Black History Month, Vice Mayor German spoke about
                     the events leading to the creation of the month long celebration. Vice
                     Mayor German also paid tribute to Frederick Douglass, an American
                     historical figure.
           11.c      Adelaide Pointe Public Forum

                     Mayor Johnson complimented staff on the public forum that was held at
                     City Hall on Thursday, February 2, 2023. The presentation as well as
                     FAQ's are on the city's website. He also encourages those with questions
                     to reach out to staff or the developer.
     12.   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

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                    (Speaker representing a group may be allowed 10 minutes if previously
                     registered with City Clerk.)
           Public comments were received.
     13.   Closed Session
     14.   Adjournment
           The City Commission meeting adjourned at 10:04 p.m.



                                                              _________________________
                                                                      Respectfully Submitted,
                                                         Ann Marie Meisch, MMC - City Clerk




                                                 16
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                           Agenda Item Review Form
                            Muskegon City Commission

    Commission Meeting Date: March 14, 2023                                Title: Rules of the City
                                                                           Commission

    Submitted By: Ann Meisch                                               Department: City Clerk

    Brief Summary: To modify the Rules of the City Commission under E. Citizen Participation (2) and
    remove the option for groups to be allowed to speak ten minutes.

    Detailed Summary & Background: Additional opportunities have recently been provided to the
    community to communicate at meetings including the ability to call in on meetings that are
    televised live, the ability to watch a meeting by zoom for those not televised, and the addition of
    community engagement forums.
    Because of the increase in public participation, many residents wait beyond what can be
    considered a reasonable timeframe to address the Commission.
    The Legislative Committee advises the option for groups to speak ten minutes be eliminated and
    allow all groups and citizens to speak up to three minutes so all those wishing to address the
    Commission can do so in a timely manner.

    Goal/Focus Area/Action Item Addressed:
    Community Connection – Action item 20-22-3.3 Update and implement internal communication
    policies.

    Amount Requested: NA                                  Amount Budgeted:



    Fund(s) or Account(s): NA                             Fund(s) or Account(s):

    Recommended Motion: To approve the revised Rules of the City Commission to eliminate the
    option for groups to speak ten minutes

    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:

Packet Page 27
                                            CONTENTS


                            RULES OF THE CITY COMMISSION

     A.        Regular & Special Meetings
     B.        Meeting Procedures
     C.        Closed Meetings
     D.        Voting & Discussion
     E.        Citizen Participation
     F.        Agenda
     G.        Consent Agenda
     H.        Recording of Meeting
     I.        Miscellaneous
     J.        Committee Assignments
     K.        Manager Evaluation Process




                                        GUIDELINES FOR CONDUCT


          A.   Public Relations

          B.   City Commission Relations with City Staff

          C.   City Commission Relations with Appointed City Commissions and
               Committees and Commission Member Representation to other Agencies and Groups




Packet Page 28
                                               RESOLUTION
  A RESOLUTION OF THE CITY OF MUSKEGON ADOPTING RULES OF THE CITY COMMISSION FOR THE
  CONDUCT OF COMMISSION MEETINGS AND A CODE OF CONDUCT.

  BE IT RESOLVED by the City Commission of the City of Muskegon that said Commission does hereby adopt
  certain rules of procedures and conduct as follows:

                                    RULES OF THE CITY COMMISSION



 A.      REGULAR AND SPECIAL MEETINGS:

      1. REGULAR MEETINGS

                Regular meetings of the City Commission will be held on the second and fourth Tuesday
                of each month beginning at 5:30 p.m., local prevailing time, at the City Hall, 933 Terrace
                Street, Muskegon. Regular meetings may be rescheduled to other times by a vote of the
                Commission.

      2. SPECIAL MEETINGS

                A special meeting may be called by the Mayor or any of two (2) or more members-of
                Commission and upon at least eighteen (18) hours-notice to each member.

      3. BUSINESS AT SPECIAL MEETINGS

                No business shall be transacted at any special meeting of the Commission unless the same
                has been stated in the required notice of such meeting.

      4. STUDY SESSION MEETINGS

                The Study Work Session meetings will be held on the Monday preceding the second
                Tuesday of each month at 5:30 p.m. in City Hall, 933 Terrace Street.

      5. REGULAR AND SPECIAL MEETING NOTICE (POSTING) REQUIREMENTS.

                a)      For regular meetings of the Commission, the Clerk shall post at the City Hall,
                        within three (3) days after the first meeting of the Commission in each calendar
                        year, a public notice stating the dates, times, and places of its regular meeting for
                        the year.

                b)      For a rescheduled regular or a special meeting, of the Commission, a public notice
                        stating the date, time, place and reason of the meeting shall be posted in City
                        Hall at least 18 hours before the meeting.

                c)      However, such notice, as described in 5a and b above, is not required for a
                        meeting of the Commission in emergency session in the event of a widespread
                        natural disaster or a severe and imminent threat to the health, safety or welfare




Packet Page 29
                      of the public when two-thirds of the members of the Commission determine
                      that delay would be detrimental to the City’s efforts in responding to the threat.

     6. SHARING OF MEETING AGENDAS AND PACKETS

               City Clerk shall upload every regular City Commission meeting packet to the city’s
               website at least 84 hours prior to the start of the meeting. Additionally, upon written
               request of an individual, organization, firm or corporation, and upon the requesting
               party's payments of an annual fee of not more than the reasonable estimated cost for
               printing and postage of such notices, the Clerk shall send to the requesting party by first
               class mail a copy of regular meeting agendas. Upon written request, the Clerk shall
               provide a copy of such notices of Meetings to any newspaper published in the City of
               Muskegon and to any radio and television station located in Muskegon County free of
               charge.

     7. MINUTES OF REGULAR AND SPECIAL MEETINGS

              a)      A journal of the proceedings of each regular and special meeting will be kept in
                      the English language by the Clerk and shall be signed by the City Clerk, upon
                      approval of Commission.

              b)      Unapproved minutes of regular or special meetings will be available for public
                      inspection not more than eight business days after such meeting.

              c)      Approved minutes will be available for public inspection not later than five
                      business days after the meeting at which the minutes were approved.

  B. MEETING PROCEDURES:

    1.   MEETINGS TO BE PUBLIC
                All regular and special meetings of the City Commission shall be open to the public and
                citizens shall have a reasonable opportunity to be heard under such rules and
                regulations as the Commission may prescribe.

    2. ORDER OF BUSINESS

                An agenda for each Regular Commission meeting shall be prepared by the Mayor, City
                Manager, or City Clerk in accordance with the following order of business:




Packet Page 30
                     a.       Call Meeting to Order/Welcome
                     b.       Prayer
                     c.       Pledge of Allegiance
                     d.       Roll Call
                     e.       Honors and Awards
                     f.       Public Comment on Agenda Items
                     g.       Consent Agenda
                     h.       Public Hearings
                     i.       Unfinished Business
                     j.       New Business
                     k.       Any Other Business
                     l.       Public Comment on Non-Agenda Items
                     m.       Adjournment
    3. QUORUM

              Four (4) members of the Commission in office at the time shall be a quorum for the
              transaction of business.

    4. PRESIDING OFFICER

              The presiding officer shall be responsible for enforcing the Rules of the City Commission,
              contained herein, as well as the Code of Conduct. The Mayor shall be the presiding officer
              of the Commission. In the absence of or disability of the Mayor, the Vice-Mayor shall be
              the presiding Officer of the Commission. In the absence or disability of both, the
              Commission may designate another of its members to serve as presiding during such
              absence or disability.


 C. CLOSED MEETINGS:
    1. PURPOSE

              The City Commission may only meet in closed session for purposes defined in the Michigan
              Open meetings Act as follows:

              a)     To consider the dismissal, suspension, or disciplining of, or to hear complaints or
                     charges brought against, a public officer, employee, staff member, or individual
                     agent, when the named person requests a closed hearing.

              b)     For strategy and negotiation sessions connected with the negotiation of a
                     collective bargaining agreement or related issues when either negotiating party
                     requests a closed herein

              c)     To consider the purchase or lease of real property up to the time an option to
                     purchase or lease that real property is obtained. This does not include the sale,
                     lease or other conveyance of City property to others.

              d)     To consult with its attorney regarding trial or settlement strategy in connection
                     with specific pending litigation, but only when an open meeting would have a




Packet Page 31
                       detrimental financial effect on the litigating or settlement position of the
                       Commission.


               e)      To review the specific •contents of an application for employment or
                       appointment to a public office when the candidate requests that the application
                       remain confidential. Ali interviews by a public body for employment or
                       appointment to a public office shall be held in an open meeting pursuant to this
                       act.

               f)      To consider material exempt from discussion or disclosure by state or federal
                       statute.

      2. CALLING CLOSED SESSIONS:

                A two-thirds roll call vote of the Commission members elected and serving shall be
                required, except under Sections (a) and (b) above. The roll call vote shall be taken at an
                open meeting and the purpose for calling the closed session shall be entered into the
                minutes of the meeting at which the vote is taken.


      3. MINUTES OF CLOSED MEETINGS

               A separate set of minutes •shall be taken by the Clerk or the designated Secretary at the
               closed session. These minutes will be retained by the Clerk of the Commission, shall not
               be available to the public, and shall be disclosed if required by a civil action. These minutes
               shall be kept for a period of one year from the date of the closed meeting.

      4. CONFIDENTIALITY OF CLOSED MEETING INFORMATION

               A City Commission member shall not divulge to an unauthorized person confidential
               information discussed in an executive session in advance of the time prescribed for ifs
               authorized release to the public by the City Commission. Commission members shall
               honor the confidentiality of the debate, discussion, and preliminary action taken in
               executive session, and be aware of the potential financial liability and/or harm- to the
               reputation of the City by premature disclosure.

 D.   VOTING AND DISCUSSION:

      1. ROLL CALL

               In all call votes, the names of the members of the Commission shall be called. A vote
                upon all ordinance enactments, rezoning issues, and liquor license requests shall be
                taken by a roll call vote and entered upon the records.

      2. RESULTS OF VOTING

               In all cases where a vote is taken, the Chair or Clerk shall declare the result.




Packet Page 32
    3. DUTY TO VOTE

             Whenever a question is put before the Chair, every member shall vote, provided however,
             that no member shall be required to vote if:

              a)      That member shall have a conflict of interest and shall state his/her conflict of
                      interest, or

              b)      That member shall state that he/she has inadequate information upon which to
                      base a reasonably informed vote and shall state the particulars of the
                      information desired before a reasonable informed vote can be cast.

                      Absence from a prior meeting shall not constitute the basis of the lack of
                      information referred to above

             If a member is precluded from voting pursuant to a conflict of interest, that member shall
             refrain from participating in the discussion on the issue.

    4. CONDUCT OF DISCUSSION

             The maker of the motion shall speak first, and the supporter of the motion shall speak
             second. During Commission discussion and debate, no member shall speak until
             recognized for the purpose by the Chair. After such recognition the member shall confine
             discussion to the question at hand. Personal comments about other individuals should
             be avoided. When addressing other members of the Commission they should be
             addressed by title and/or last name but not by first name. No member should request to
             speak a second time on a motion as long as another is requesting recognition to speak
             for a first time. After every member of the Commission has had the opportunity to speak
             on an item for the first time, the Mayor may ask if any member of the Commission would
             like to make a motion to call the question. If a motion is made and seconded, debate
             shall stop immediately and the Mayor will take a vote on the motion to call the question
             by a show of hands; if 2/3 of the present Commissioners agree to end the debate, the
             Clerk shall immediately take a roll call vote on the underlying motion. If the motion to
             call the question fails to garner the support of 2/3 of the present Commissioners, debate
             will continue; once every member has had an opportunity to speak on the item for a
             second time, the Mayor may ask if any member of the Commission would like to make a
             motion to call the question, and the process described above will repeat itself.

    5. COMMISSION MEMBER REQUESTS FOR POSTPONEMENTS

            Requests for postponements on agenda items from members of Commission requires
            approval by a majority of Commission present.

    6. RULES OF PARLIAMENTARY PROCEDURE

            The rules of parliamentary practice as contained in Robert's Rules of Order, most recent
            edition, shall govern the Commission in all cases to which they are applicable, provided
            they are not in conflict with these Rules or with the Ordinances and Charter of the. City
            of Muskegon.




Packet Page 33
    7. RECONSIDERATION OF MOTIONS

              When a question has been decided, it shall be in order for any Commission member who
              voted on the prevailing side of the question to move the reconsideration at the same
              meeting or at the next regularly scheduled meeting provided no action has been taken as
              a result of the previous vote.



    8. GENERAL CONSENSUS

             General consent or consensus may be used to give direction and the minutes should
             indicate that a majority consented.

 E. CITIZEN PARTICIPATION:

    1. GENERAL

             Each Commission meeting agenda shall provide for reserve time for audience
             participation, as requested

    2. REQUESTS TO SPEAK, LENGTH OF PRESENTATION - PUBLIC HEARINGS AND PARTICIPATION

             Members of the public at the meeting shall not speak unless recognized by the chair.
             Members of the public shall be limited to speaking for a maximum of three (3) minutes
             during any public hearing or public comment. A person representing a group and

    3. PERSONS ADDRESSING THE COMMISSION

              Prior to addressing Commission, members of the public shall step up to the
              microphone/podium and state their name and address. and, if appropriate, group
              affiliation. The Commission may in its discretion limit public comments to new
              information or matters not fully addressed at any previous meeting regarding the agenda
              item at issue.

    4. REQUESTS TO SPEAK ON AN AGENDA ITEM

              Prior to the start of the meeting, any member of the public may submit a written request
              form to the City Clerk requesting to speak on an agenda item. All written requests will
              be honored under the Item F – Public Comment on Agenda Items. All comments shall be
              directed to the Mayor; Commissioners shall not engage in dialogue, debate, or
              negotiation with commenters.

    5. REQUESTS TO SPEAK DURING PUBLIC PARTICIPATION.

                      a.     Any person who wishes to speak on a subject not on the printed agenda
                             may speak at this time. All rules of conduct still apply.

                      b.     Candidates or any person(s) working for a candidate shall not be allowed
                             to use public participation time for campaigning.

    6. DISORDERLY CONDUCT AT MEETINGS.




Packet Page 34
             Persons addressing the Commission shall make responsible comments and shall refrain
             from making personal, impertinent, slanderous or profane remarks. The Chairperson may
             call to order any person who is being disorderly by speaking when not recognized by the
             chair or otherwise disrupting the proceeding by failing to be germane, by speaking longer
             than the allotted time, or by speaking vulgarities. Such persons shall thereupon be seated
             until the Chair shall have determined whether the person is in order. If a person so engaged
             in presentation shall be called out of order, he or she shall not be permitted to speak at the
             same meeting, except upon special leave by the Commission. If the person shall continue
             to be disorderly and disrupt the meeting, the chair may order the Police Department to
             remove the person from the meeting.


 F. AGENDA:

      1. PREPARATION

               The City Manager and City Clerk shall prepare an agenda for each regular or special
               meeting of the City Commission. The deadline for submitting items for Commission
               agenda is 4:00 p.m. on the Tuesday preceding the Tuesday of the Commission meeting
               to the City Clerk. Agenda items from Commission members should be submitted in
               writing by this same time to the City Manager. Requested items will appear on a meeting
               agenda within three meetings after request is made.

      2. DISTRIBUTION

               Agendas, ordinances and all related background material will be delivered to City
               Commission members, via email, the Thursday before the scheduled regular meeting,
               or at least 12 hours before a scheduled special meeting.

      3. AGENDA MATERIAL

               Department Heads and all others shall submit written requests for inclusion on the
               agenda to the City Clerk with necessary supporting data. Written presentations shall be
               submitted by 4:00 p.m. on the Tuesday preceding the Tuesday Commission meeting for
               circulation with agendas. Agenda requests could be delayed to a later meeting if related
               information is not received by the City Clerk in a timely manner.

 G.   CONSENT AGENDA:

      1. PURPOSE.

                Consent agenda will be used to allow the City Commission to act one many items at one
                time.

      2. AGENDA ITEMS.

                A consent agenda will be developed by the City Clerk and/or City Manager prior to the
                regular meeting items. Any action items not requiring a formal public hearing may be
                included in the Consent Agenda. Any member of the Commission may request that an
                item be removed from the consent agenda and placed on the regular agenda for
                discussion.




Packet Page 35
 H.   RECORDING OF COMMISSION MEETINGS:

      1. MEETINGS MAY BE RECORDED

                  All regular or special meetings of the City Commission may be recorded through the use
                  of audio/visual electronic devices. Such recordings will be under the control and
                  supervision of the City Clerk. The City Clerk shall provide each member of the City
                  Commission with a copy of the audio file from each Worksession meeting.

      2. RETENTION OF RECORDS

                  Any recordings from Commission meetings may be retained by the City Clerk until the
                  meeting minutes are approved. Any recordings from Worksession meetings shall be
                  retained for a period of two (2) years from the date of the meeting.

 I.   MISCELLANEOUS:

      1. AMENDMENTS TO RULES

               The rules of the City Commission may be altered or amended by a majority vote of two-
               thirds of the entire Commission.

      2. SUSPENSION OF RULES

                 The rules of the City Commission may be suspended for good cause for a specified portion
                 of a meeting by a two-thirds majority of the entire Commission.

      3. CONTROLLING AUTHORITY

               These rules shall control, unless preempted by City Charter, State laws or the Court.
      4. REVIEW OF CONSULTANTS

                 City Commission shall make an annual internal evaluation of consultants at the time of
                 review of the City budget to determine if the services being provided are satisfactory and
                 if judged to be inappropriate, will move to proceed with establishing a more formal
                 review process.

      5. RESOLUTIONS OF RECOGNITION

                 Requests for resolutions will be made and acted on at the Community Relations
                  Committee Meeting. All Commissioners will sign resolutions voted on and approved. As
                  Mayor, the Mayor can sign any other resolutions.




Packet Page 36
  J    COMMITTEE ASSIGNMENTS

      1. ASSIGNMENTS

                   The Mayor may assign Commission members to any committee as is deemed necessary,
                   with approval of the City Commission.

      2. RESPONSIBILITIES

                  Commission member's responsibilities as committee members will be generally limited
                  to policy and not the administration of a department or appointed organization.



 K. CITY MANAGER EVALUATION PROCESS

      The City Manager will be evaluated by the members of the City Commission before July 1st each year.
      Forms and materials will be sent out by the City Clerk and all completed forms will be returned to the
      City Clerk for compiling. A report will be generated by the City Clerk with the results of the evaluations.
      A meeting with the City Manager and City Commissioners will be scheduled to review the evaluations.

 L. ITEMS REQUIRING CITY COMMISSION APPROVAL

      The City Commission authorizes the City Clerk, City Manager, and Department Heads to exercise
      discretion when determining which items require formal City Commission approval and must be
      included on a City Commission Agenda. Regardless of such discretion, the following items must be
      presented to the City Commission for formal action:

      1. All items in which City Charter, State, or Federal rules/regulations require legislative body
         approval.
      2. The annual operating budget and amendments thereto.
      3. All formal City Commission policies and procedures and amendments thereto.
      4. All Ordinances and amendments thereto.
      5. All purchases over $15,000 for which an appropriation has been not previously established as
         part of the adopted or amended annual budget.
      6. The purchase or sale of real property.
      7. Borrowing of funds.
      8. All formal agreements between the City and another party that extend beyond one year in
         duration or result in expenses to the City in excess of $25,000 annually.

  Adopted 8/27/193/14/2023




Packet Page 37
                           Agenda Item Review Form
                            Muskegon City Commission

    Commission Meeting Date: March 14, 2023                                Title: Sale of 363 McLaughlin
                                                                           Avenue

    Submitted By: LeighAnn Mikesell                                        Department: City Manager’s
                                                                           Office

    Brief Summary: Staff is requesting approval of a purchase agreement for 363 McLaughlin Avenue.



    Detailed Summary & Background:
    363 McLaughlin Avenue was constructed through the agreement with Dave Dusendang to
    construct infill housing with ARPA funding. The offer is for $10,000 over the full listing price with
    $10,000 in seller concessions. The offer also includes costs to cover additional appliances and air
    conditioning.

    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 363 McLaughlin Avenue.



    Approvals:                                                             Guest(s) Invited / Presenting
    Immediate Division Head          Information Technology
    Other Division Heads             Communication                         Yes

    Legal Review                                                           No


    For City Clerk Use Only:
    Commission Action:




Packet Page 38
     February 20, 2023

     D’Angelo Seals
     2828 7th St
     Muskegon Heights, MI 49444

     RE: Pre-Approval Letter

     Thank you for choosing Revolution Mortgage to assist you in the financing of your home purchase. This letter is to
     advise you that your loan application has been PRE-APPROVED based upon the following terms:

     Loan Type: FHA                                             Property Type: Single Family
     Closing Date: 03/17/2023 or sooner                         Property Address: 2362 Greenwood St
                                                                                  Muskegon, MI 49441

     Please understand this is a pre-approval letter, your completed application must still go through final underwriting by
     Revolution Mortgage. Once the property appraisal and any outstanding documentation are received, an underwriter
     employed by Revolution Mortgage will review the provided information. This loan is also subject to any additional
     conditions which the underwriter might require, including an acceptable appraisal and title commitment. A credit
     report has been prepared and reviewed by the lender and the loan has been run through an automated underwriting
     system prior to issuing this letter.
     If you need anything further, please let me know.

     Sincerely,

     Yvonne Manus
     Loan Officer
     NMLS # 2273983
     [email protected]




                                                       Revolution Mortgage
                                                          616.560.9596
                                                     14998 Cleveland St, Unit F

                                                        Spring Lake, MI 49456




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                                                   Please read and have buyer/s sign. Attach with offer.
                      Paragraph 8- Seller will provide a quit claim deed vs a warranty deed.
                      Builder one year warranty starts from day of Certificate of Occupancy.

                      Buyer shall bring dwelling unit into compliance with the following per the city’s Zoning Ordinance:
                      Each dwelling unit shall have an approved established vegetative ground cover, native to the immediate
                      area within 600 feet, no less than 12 months after occupancy. Approval shall be given by zoning staff of
                      the Planning Department as part of the initial residential site plan review. A minimum of one shade tree,
                      two and one-half inches (2.5") in diameter, four feet (4') from the ground or one six foot (6') evergreen
                      tree shall be provided. Existing landscaping may be accepted in lieu of this requirement. Buyer shall be
                      responsible to water and maintain vegetation.



                        D'Angelo K Seals
                                                              dotloop verified
                                                              02/27/23 3:23 AM EST
                      __________________________________________
                                                 C2JK-WCRM-PDFA-ETZV


                      Buyer


                      __________________________________________
                      Buyer

                       Mariana Murillo VanDam
                                                             dotloop verified
                                                             02/28/23 5:44 PM EST
                                                             ZVOP-FZZH-QFPN-IA01

                      __________________________________________
                      Buyer’s Agent

                       LeighAnn Mikesell
                                                             dotloop verified

                      _______________________________________
                                              03/01/23 9:34 AM EST
                                              OM7E-SZUE-MPBP-PIGK

                      LeighAnn Mikesell




            Packet Page 40
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                                                         WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
                                                                                                                                                                           #           1
         DATE:                         02/26/2023                   ,       6pm           (time)                                           MLS #                        new

         SELLING OFFICE:                          West Urban Realty           BROKER LIC.#:        6505429509               REALTOR® PHONE:                           616-366-2459

         LISTING OFFICE:                        West Urban Realty             REALTOR® PHONE:                          616-366-2459

        1. Effective Date: This Agreement is effective on the date of Seller's acceptance of Buyer's offer or Buyer's acceptance of any
            counteroffer, as the case may be, and this date shall hereafter be referred to as the "Effective Date". Further, any reference to "days"
            in this Agreement refers to calendar days. The first calendar day begins at 12:01 a.m. on the day after the Effective Date. Any reference
            to "time" refers to local time.
         2. Agency Disclosure: The Undersigned Buyer and Seller each acknowledge that they have read and signed the Disclosure Regarding
             Real Estate Agency Relationships. The selling licensee is acting as (choose one):
                  Agent/Subagent of Seller             Buyer’s Agent          Dual Agent (with written, informed consent of both Buyer and Seller)
                  Transaction Coordinator
              Primary Selling Agent Name:                       Mariana Murillo VanDam             Email: [email protected] Lic.#:                              6506015435

             Alternate Selling Agent Name:                                            Email:                               Lic.#:
         3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.)
                 Buyer has received the Seller’s Disclosure Statement, dated                          .
                 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 County             , Michigan, commonly known as (insert mailing address: street/city/state/zip code)
                                                                        363 McLaughlin Avenue, Muskegon, MI 494
             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 BLK 263 LOT 11

             PP#                                                                   61-24-205-263-0011-00                                                                                      .
           The following paragraph applies only if the Premises include unplatted land:
           Seller agrees to grant Buyer at closing the right to make (insert number)          na         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 $                                   185,943.00
                                             one hundred eighty-five thousand nine hundred forty-three                                     U.S. Dollars
        7. Seller Concessions, if any:                                                                       $10,000


        8. Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.)
           SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below
           are currently available to Buyer in cash or an equally liquid equivalent.
             If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within
             three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall
             receive a refund of Buyer’s Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price.
                   CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual Agent
                   verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information to Seller and/or
                   Seller’s Agent. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement
                   at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be
                   arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement.
                   NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to
                   obtain a              FHA               type        30       (year) mortgage in the amount of      96.5    % of the Purchase Price
                   bearing interest at a rate not to exceed                % 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                    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 $              na         representing repairs required as a
                   condition of financing. Buyer         agrees      does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from
         ©Copyright, West Michigan REALTOR® Associations
         Page 1 of 6 Rev. Date 1/2023                                                                  DKS                    Buyer’s Initials         LM                      Seller’s Initials
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                                                                                                                     West Michigan Regional Purchase Agreement           Page 2 of 6
                   Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent.
                   Exceptions:

                   SELLER FINANCING (choose one of the following):                   CONTRACT or                       PURCHASE MONEY MORTGAGE
                   In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the
                   credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if
                   Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer
                   within 48 hours. Seller is advised to seek professional advice regarding the credit report.
                   $                           upon execution and delivery of a
                   form (name or type of form and revision date), a copy of which is attached, wherein the balance of $
                   will be payable in monthly installments of $                            or more including interest at                    % per annum,
                   interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance
                   will become due and payable                            months after closing. Any appraisal required by Buyer shall be arranged and
                   paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions:


                   EQUITY (choose one of the following):         Formal Assumption or       Informal Assumption
                   Upon execution and delivery of:       Warranty Deed subject to existing mortgage OR             Assignment of Vendee Interest
                   in Land Contract, Buyer to pay the difference (approximately $                             ) between the Purchase Price above
                   provided and the unpaid balance (approximately $                             ) upon said mortgage or land contract, which Buyer
                   agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future
                   taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten
                   (10) days after the Effective Date of this Agreement. Exceptions:

                   OTHER:


         9. Contingencies: Buyer’s obligation to consummate this transaction (choose one):
                   IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer.
                   IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at:

                   A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale
                   or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in
                   writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest
                   Money Deposit.
                   IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing
                   of a sale or exchange of Buyer’s property located at
                                                         on or before                                      . Seller will have the right to continue to
                   market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy
                   thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such
                   price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified
                   promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions:

         10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All
             improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the
             following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and
             bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage
             disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached
             shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and
             pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on
             heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid
             heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete
             rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball
             backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars;
             detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door
             opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes:
                                                                          All Appliances, Washer and Dryer, AC




              but does not include:


                                                    355 McLaughlin Avenue, Muskegon, MI 49442                                                   02/26/2023                6pm
                                                 Subject Property Address/Description                                                             Date                   Time
         ©Copyright, West Michigan REALTOR® Associations
         Revision Date 1/2023                                                                        DKS                     Buyer’s Initials          LM             Seller’s Initials
                                                                                                     02/27/23                                         02/28/23


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                                                                                                                     West Michigan Regional Purchase Agreement           Page 3 of 6

           11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
               possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
               cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
               that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
               expended through normal use. Exceptions:

           12. Assessments (choose one):
               If the Property is subject to any assessments,
                      Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless
                      of any installment arrangements), except for any fees that are required to connect to public utilities.
                       Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume
                       and pay all other installments of such assessments.
                   Seller has an ongoing obligation through the Closing to disclose to the Buyer any known pending assessments, including, but not limited
                   to, any mandatory utility connection requirements, and/or benefit charges, and condominium special assessments, that have not been
                   previously disclosed in writing to Buyer.
           13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all taxes
               billed after those addressed below.
                   Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property
                   tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the
                   Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when
                   property is transferred.
                      No proration.        (Choose one):
                             Buyer             Seller    will pay taxes billed summer                         (year);
                             Buyer             Seller    will pay taxes billed winter                         (year);
                      Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if
                      necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment
                      and prorated to the date of closing with Seller paying for January 1 through the day before closing.
                      Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one):         advance.         arrears.
                      Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal
                      year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken
                      down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions:

           14. Well/Septic: Within ten (10) days after the Effective Date, (choose one)  Seller or     Buyer will arrange for, at their own expense,
               an inspection of the primary well used for human consumption (including a water quality test for coliform bacteria and nitrates) and
               septic systems in use on the Property. The inspection will be performed by a qualified inspector in a manner that meets county (or
               other local governmental authority, if applicable) protocol.
                   If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may,
                   within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a
                   refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails
                   to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as-is.
                   Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable
                   resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of
                   termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract,
                   Buyer will proceed to closing according to the terms and conditions of this Agreement.
               Other:
           15. Inspections & Investigations:
                   Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at
                   Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be
  DKS              Buyer’s responsibility and expense.
   02/27/23
 3:23 AM EST
dotloop verified   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, either (a) terminate this Agreement by
                   written notice to Seller and receive a refund of Buyer’s Earnest Money Deposit, or (b) make a written proposal to Seller to correct those
                   unsatisfactory conditions, which proposal must be in the form of a proposed addendum and must be signed by Buyer in order for it to
                   be effective. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have
                                                      355 McLaughlin Avenue, Muskegon, MI 49442                                                 02/26/2023                6pm
                                                    Subject Property Address/Description                                                          Date                   Time
            ©Copyright, West Michigan REALTOR® Associations
            Revision Date 1/2023                                                                     DKS                     Buyer’s Initials          LM             Seller’s Initials
                                                                                                     02/27/23                                         02/28/23


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                                                                                                                        West Michigan Regional Purchase Agreement           Page 4 of 6
            accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this
            Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of
            Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a refund of
            any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed
            to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this Agreement.
                Buyer has waived all rights under this Inspections & Investigations paragraph.
            Exceptions:
        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:
                                                                             Seller will use Transnation Title
        18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property
            and the location of improvements thereon.
                 Buyer or     Seller (choose one) shall within ten (10) days of the Effective Date, order, at their expense, a boundary survey with iron
              corner stakes showing the location of the boundaries, improvements and easements in connection with the Property. Upon receipt of
              the survey, Buyer will have three (3) days to review the survey. If the survey shows any condition, in Buyer’s sole discretion, which
              would interfere with Buyer’s intended use of the Property, the marketability of the title, or zoning non-compliance, then Buyer may,
              within said three (3) day period, terminate this Agreement, in writing, and Buyer will receive a full refund of Buyer’s Earnest Money
              Deposit.
                 No survey. Buyer has waived all rights under this paragraph.
              When closing occurs, Buyer shall be deemed to have accepted the boundaries of the Property and the location of such improvements
              thereon. Exceptions:
                                                                              Existing survey from builder
        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:
                                                                              Home warranty from Builder
        20. Prorations: Rent; association dues/fees, if any; insurance, if assigned; interest on any existing land contract, mortgage or lien
            assumed by Buyer; will all be adjusted to the date of closing. For the purposes of calculating prorations, it is presumed that Seller
            owns the Property through the day before closing.
        21. Closing: If agreeable to Buyer and Seller, the sale will be closed as soon as closing documents are ready, but not later than
                        02/24/2023            . An additional period of fifteen (15) days will be allowed for closing to accommodate the correction of
            title defects or survey problems which can be readily corrected, or for delays in obtaining any lender required inspections/repairs. During
            this additional period, the closing will be held within 5 days after all parties have been notified that all necessary documents have been
            prepared. Buyer and Seller will each pay their title company closing fee, if applicable, except in the case of VA financing where Seller
            will pay the entire closing fee. Exceptions:

        22. Pre-Closing Walk-Through: Buyer (choose one)                     reserves        waives the right to conduct a final walk-through of the
            Property within three (3) days of the scheduled closing date. The purpose of the walk-through is to determine that the Property is in
            a substantially similar condition as of the Effective Date, any contractually agreed upon items have been fulfilled, and that any included
            personal property is still located at the Property. Buyer shall immediately report to Seller any objections to these conditions and Buyer’s
            requested corrective action.
        23. Possession: Seller will maintain the Property in its present condition until the completion of the closing of the sale. Possession to be
            delivered to Buyer, subject to rights of present tenants, if any.
                At the completion of the closing of the sale.
                At                a.m.     p.m. on the                     day after completion of the closing of the sale, during which time Seller


                                                     355 McLaughlin Avenue, Muskegon, MI 49442                                                     02/26/2023                6pm
                                                 Subject Property Address/Description                                                                Date                   Time
         ©Copyright, West Michigan REALTOR® Associations
                                                                                                        DKS                     Buyer’s Initials          LM             Seller’s Initials
         Revision Date 1/2023                                                                           02/27/23                                         02/28/23
                                                                                                      3:23 AM EST                                      5:23 PM EST

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                                                                                                                    West Michigan Regional Purchase Agreement           Page 5 of 6
               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                              6pm                        (time) on
                          02/28/2023              (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted by
             Seller, will constitute a binding Agreement between Buyer and Seller. An Earnest Money Deposit in the amount of $                  $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
  DKS 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
   02/27/23
 3:23 AM EST     sale are adhered to before the transaction is consummated. Buyer agrees that Buyer is not relying on any representation or statement
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                 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

                                                     355 McLaughlin Avenue, Muskegon, MI 49442                                                 02/26/2023                6pm
                                                  Subject Property Address/Description                                                           Date                   Time
          ©Copyright, West Michigan REALTOR® Associations
                                                                                                    DKS                     Buyer’s Initials          LM             Seller’s Initials
          Revision Date 1/2023                                                                      02/27/23                                         02/28/23
                                                                                                  3:23 AM EST                                      5:23 PM EST

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                                                                                                                      West Michigan Regional Purchase Agreement                           Page 6 of 6
              communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’
              license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the
              Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with
              Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme
              to steal funds or use your identity.
        31. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer.

              Buyer 1 Address                                                                            X        D'Angelo K Seals                                                             Buyer
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              Buyer 1 Phone: (Res.)                                 (Bus.)                                                                D'Angelo Seals
                                                                                                                         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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                                               LeighAnn Miksell                                                       Is Seller a U.S. Citizen or Resident Alien?                   Yes            No*
                                Print name as you want it to appear on documents.

             X (Seller’s Signature, Date, Time):
                                                                                                                      Is Seller a U.S. Citizen or Resident Alien?                   Yes            No*
                                 Print name as you want it to appear on documents.
             Seller’s Address:                                                          Seller’s Phone (Res.)                                      (Bus)
                 * If Seller(s) is not a U.S. Citizen or Resident Alien, there may be tax implications and Buyer and Seller are advised to seek professional advice.


        37. Buyer’s Receipt/Acceptance: Buyer acknowledges receipt of Seller’s response to Buyer’s offer. In the event Seller’s response
            constitutes a counteroffer, Buyer accepts said counteroffer. All other terms and conditions in the offer remain unchanged.


             X (Buyer’s Signature, Date, Time):

             X (Buyer’s Signature, Date, Time):

        38. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer.
             X (Seller’s Signature, Date, Time):

             X (Seller’s Signature, Date, Time):

                                                    355 McLaughlin Avenue, Muskegon, MI 49442                                                    02/26/2023                                6pm
                                                 Subject Property Address/Description                                                              Date                                    Time
         ©Copyright, West Michigan REALTOR® Associations
         Revision Date 1/2023                                                                         DKS                     Buyer’s Initials          LM                           Seller’s Initials
                                                                                                      02/27/23                                         02/28/23


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                           Agenda Item Review Form
                            Muskegon City Commission

    Commission Meeting Date: March 14, 2023                                Title: Sale of 304 McLaughlin
                                                                           Avenue

    Submitted By: LeighAnn Mikesell                                        Department: City Manager’s
                                                                           Office

    Brief Summary: Staff is requesting approval of a purchase agreement for 304 McLaughlin Avenue.



    Detailed Summary & Background:
    304 McLaughlin Avenue was constructed through the agreement with Dave Dusendang to
    construct infill housing with ARPA funding. The offer is for $5,278 over the full listing price with
    $5,278 in seller concessions. The offer also includes costs to cover additional appliances and air
    conditioning.

    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 304 McLaughlin Avenue.



    Approvals:                                                             Guest(s) Invited / Presenting
    Immediate Division Head          Information Technology
    Other Division Heads             Communication                         Yes

    Legal Review                                                           No


    For City Clerk Use Only:
    Commission Action:




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                                                         WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
                                                                                                                                                                                     #           1
         DATE:                         02/22/2023                ,         6pm          (time)                                                       MLS #                      23001622

         SELLING OFFICE:                       West Urban Realty LLC        BROKER LIC.#:        6506015435                        REALTOR® PHONE:                              616-366-2459

         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.#:                                          6506015435

             Alternate Selling Agent Name:                                            Email:                               Lic.#:
         3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.)
                 Buyer has received the Seller’s Disclosure Statement, dated                          .
                 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 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)
                                                                       304 McLaughlin Ave, Muskegon, MI 49442
             with the following legal description and tax parcel ID numbers:
                                                               CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 7 BLK 260


             PP#                                                                   24205260000700                                                                                                       .
           The following paragraph applies only if the Premises include unplatted land:
           Seller agrees to grant Buyer at closing the right to make (insert number)          na         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 $                                    181,242
                                               one hundred eighty-one thousand two hundred forty-two                                       U.S. Dollars
        7. Seller Concessions, if any:                                                       $5278 seller concession


        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        30       (year) mortgage in the amount of       97     % of the Purchase Price
                   bearing interest at a rate not to exceed                % per annum (rate at time of loan application), on or before the date the sale is
                   to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to
                   process the application, within           5        days after the Effective Date, not to impair Buyers’ credit after the date such loan if
                   offered.      Seller    Buyer will agree to pay an amount not to exceed $              na         representing repairs required as a
                   condition of financing. Buyer         agrees      does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from
         ©Copyright, West Michigan REALTOR® Associations
         Page 1 of 6 Rev. Date 1/2023                                                                  RC                GW             Buyer’s Initials         LM                      Seller’s Initials
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                                                                                                                        West Michigan Regional Purchase Agreement                      Page 2 of 6
                   Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent.
                   Exceptions:

                   SELLER FINANCING (choose one of the following):                       CONTRACT or                        PURCHASE MONEY MORTGAGE
                   In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the
                   credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if
                   Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer
                   within 48 hours. Seller is advised to seek professional advice regarding the credit report.
                   $                           upon execution and delivery of a
                   form (name or type of form and revision date), a copy of which is attached, wherein the balance of $
                   will be payable in monthly installments of $                            or more including interest at                    % per annum,
                   interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance
                   will become due and payable                            months after closing. Any appraisal required by Buyer shall be arranged and
                   paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions:


                   EQUITY (choose one of the following):         Formal Assumption or       Informal Assumption
                   Upon execution and delivery of:       Warranty Deed subject to existing mortgage OR             Assignment of Vendee Interest
                   in Land Contract, Buyer to pay the difference (approximately $                             ) between the Purchase Price above
                   provided and the unpaid balance (approximately $                             ) upon said mortgage or land contract, which Buyer
                   agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future
                   taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten
                   (10) days after the Effective Date of this Agreement. Exceptions:

                   OTHER:


         9. Contingencies: Buyer’s obligation to consummate this transaction (choose one):
                   IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer.
                   IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at:

                   A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale
                   or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in
                   writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest
                   Money Deposit.
                   IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing
                   of a sale or exchange of Buyer’s property located at
                                                         on or before                                      . Seller will have the right to continue to
                   market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy
                   thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such
                   price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified
                   promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions:

         10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All
             improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the
             following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and
             bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage
             disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached
             shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and
             pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on
             heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid
             heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete
             rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball
             backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars;
             detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door
             opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes:
                                                                             All Appliances, Washer and Dryer, AC




              but does not include:


                                                         304 McLaughlin Ave, Muskegon, MI 49442                                                               02/22/2023                6pm
                                                 Subject Property Address/Description                                                                           Date                   Time
         ©Copyright, West Michigan REALTOR® Associations
         Revision Date 1/2023                                                                             RC                GW             Buyer’s Initials          LM             Seller’s Initials
                                                                                                        02/22/23           02/22/23                                 03/01/23


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                                                                                                                       West Michigan Regional Purchase Agreement                      Page 3 of 6

             11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
                 possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
                 cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
                 that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
                 expended through normal use. Exceptions:

             12. Assessments (choose one):
                 If the Property is subject to any assessments,
                      Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless
                      of any installment arrangements), except for any fees that are required to connect to public utilities.
                       Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume
                       and pay all other installments of such assessments.
                   Seller has an ongoing obligation through the Closing to disclose to the Buyer any known pending assessments, including, but not limited
                   to, any mandatory utility connection requirements, and/or benefit charges, and condominium special assessments, that have not been
                   previously disclosed in writing to Buyer.
             13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all taxes
                 billed after those addressed below.
                   Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property
                   tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the
                   Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when
                   property is transferred.
                      No proration.         (Choose one):
                             Buyer              Seller    will pay taxes billed summer                          (year);
                             Buyer              Seller    will pay taxes billed winter                          (year);
                      Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if
                      necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment
                      and prorated to the date of closing with Seller paying for January 1 through the day before closing.
                      Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one):         advance.         arrears.
                      Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal
                      year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken
                      down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions:

             14. Well/Septic: Within ten (10) days after the Effective Date, (choose one)  Seller or     Buyer will arrange for, at their own expense,
                 an inspection of the primary well used for human consumption (including a water quality test for coliform bacteria and nitrates) and
                 septic systems in use on the Property. The inspection will be performed by a qualified inspector in a manner that meets county (or
                 other local governmental authority, if applicable) protocol.
                   If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may,
                   within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a
                   refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails
                   to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as-is.
                   Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable
                   resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of
                   termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract,
                   Buyer will proceed to closing according to the terms and conditions of this Agreement.
                 Other:
             15. Inspections & Investigations:
                   Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at
    RC             Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be
   02/22/23        Buyer’s responsibility and expense.
 5:51 PM EST

   GW              Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances
dotloop verified


   02/22/23        and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the
 6:00 PM EST
dotloop verified   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, either (a) terminate this Agreement by
                   written notice to Seller and receive a refund of Buyer’s Earnest Money Deposit, or (b) make a written proposal to Seller to correct those
                   unsatisfactory conditions, which proposal must be in the form of a proposed addendum and must be signed by Buyer in order for it to
                   be effective. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have
                                                           304 McLaughlin Ave, Muskegon, MI 49442                                                            02/22/2023                6pm
                                                      Subject Property Address/Description                                                                     Date                   Time
              ©Copyright, West Michigan REALTOR® Associations
              Revision Date 1/2023                                                                       RC                GW             Buyer’s Initials          LM             Seller’s Initials
                                                                                                       02/22/23           02/22/23                                 03/01/23


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                                                                                                                         West Michigan Regional Purchase Agreement                      Page 4 of 6
            accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this
            Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of
            Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a refund of
            any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed
            to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this Agreement.
                Buyer has waived all rights under this Inspections & Investigations paragraph.
            Exceptions:
        16. Municipal Compliances: Seller will arrange and pay for current certificates of occupancy, sidewalk compliance, and smoke detector
            ordinances, if applicable.
        17. Title Insurance: Seller agrees to convey marketable title to the Property subject to conditions, limitations, reservation of oil, gas and
            other mineral rights, existing zoning ordinances, and building and use restrictions and easements of record. An expanded coverage
            ALTA Homeowner’s Policy of Title Insurance in the amount of the Purchase Price shall be ordered by Seller and furnished to Buyer at
            Seller’s expense, and a commitment to issue a policy insuring marketable title vested in Buyer, including a real estate tax status
            report, will be made available to Buyer within ten (10) days after the Effective Date. If Buyer so chooses, or if an expanded policy is
            not applicable, then a standard ALTA Owners’ Policy of Title Insurance shall be provided.
              If Buyer objects to any conditions, Buyer may, within three (3) days of receipt of the Title Commitment, by written notice to Seller,
              either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct
              those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
              deemed to have accepted the Title Commitment as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s
              proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days
              after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and
              shall receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day
              period, Buyer will be deemed to accept the Title Commitment as-is and will proceed to closing according to the terms and conditions
              of this Agreement. Exceptions:
                                                                                      Transnation Title
        18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property
            and the location of improvements thereon.
                 Buyer or     Seller (choose one) shall within ten (10) days of the Effective Date, order, at their expense, a boundary survey with iron
              corner stakes showing the location of the boundaries, improvements and easements in connection with the Property. Upon receipt of
              the survey, Buyer will have three (3) days to review the survey. If the survey shows any condition, in Buyer’s sole discretion, which
              would interfere with Buyer’s intended use of the Property, the marketability of the title, or zoning non-compliance, then Buyer may,
              within said three (3) day period, terminate this Agreement, in writing, and Buyer will receive a full refund of Buyer’s Earnest Money
              Deposit.
                 No survey. Buyer has waived all rights under this paragraph.
              When closing occurs, Buyer shall be deemed to have accepted the boundaries of the Property and the location of such improvements
              thereon. Exceptions:
                                                                                    Existing builder survey
        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
                        03/24/2023            . An additional period of fifteen (15) days will be allowed for closing to accommodate the correction of
            title defects or survey problems which can be readily corrected, or for delays in obtaining any lender required inspections/repairs. During
            this additional period, the closing will be held within 5 days after all parties have been notified that all necessary documents have been
            prepared. Buyer and Seller will each pay their title company closing fee, if applicable, except in the case of VA financing where Seller
            will pay the entire closing fee. Exceptions:

         22. Pre-Closing Walk-Through: Buyer (choose one)                     reserves        waives the right to conduct a final walk-through of the
             Property within three (3) days of the scheduled closing date. The purpose of the walk-through is to determine that the Property is in
             a substantially similar condition as of the Effective Date, any contractually agreed upon items have been fulfilled, and that any included
             personal property is still located at the Property. Buyer shall immediately report to Seller any objections to these conditions and Buyer’s
             requested corrective action.
         23. Possession: Seller will maintain the Property in its present condition until the completion of the closing of the sale. Possession to be
             delivered to Buyer, subject to rights of present tenants, if any.
                 At the completion of the closing of the sale.
                 At                a.m.     p.m. on the                     day after completion of the closing of the sale, during which time Seller


                                                         304 McLaughlin Ave, Muskegon, MI 49442                                                                02/22/2023                6pm
                                                 Subject Property Address/Description                                                                            Date                   Time
         ©Copyright, West Michigan REALTOR® Associations
                                                                                                           RC                GW             Buyer’s Initials          LM             Seller’s Initials
         Revision Date 1/2023                                                                            02/22/23           02/22/23                                 03/01/23
                                                                                                       5:51 PM EST        6:00 PM EST                              12:08 PM EST

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                                                                                                                     West Michigan Regional Purchase Agreement                      Page 5 of 6
              will have the privilege to occupy the Property and hereby agrees to pay Buyer $                         na                  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 $             na         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                              5pm                        (time) on
                         02/23/2023              (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted by
            Seller, will constitute a binding Agreement between Buyer and Seller. An Earnest Money Deposit in the amount of $                  $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

                                                         304 McLaughlin Ave, Muskegon, MI 49442                                                            02/22/2023                6pm
                                                 Subject Property Address/Description                                                                        Date                   Time
         ©Copyright, West Michigan REALTOR® Associations
                                                                                                       RC                GW             Buyer’s Initials          LM             Seller’s Initials
         Revision Date 1/2023                                                                        02/22/23           02/22/23                                 03/01/23
                                                                                                   5:51 PM EST        6:00 PM EST                              12:08 PM EST

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                                                                                                                          West Michigan Regional Purchase Agreement                                          Page 6 of 6
              communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’
              license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the
              Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with
              Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme
              to steal funds or use your identity.
        31. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer.

              Buyer 1 Address                                                                                X        Roque Cuellar                                                                            Buyer
                                                                                                                                                                                      dotloop verified
                                                                                                                                                                                      02/22/23 5:51 PM EST
                                                                                                                                                                                      M47U-WDBY-VAX2-TSML




              Buyer 1 Phone: (Res.)                                    (Bus.)                                                                      Roque Cuellar
                                                                                                                                 Print name as you want it to appear on documents.
                                                                                                                     Golden Weideman
                                                                                                                                                                                        dotloop verified

              Buyer 2 Address                                                                                X                                                                          02/22/23 6:00 PM EST
                                                                                                                                                                                        ZCEA-7Y74-MGQB-IP4I    Buyer
              Buyer 2 Phone: (Res.)                                    (Bus.)                                                                    Golden Weideman
                                                                                                                                 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:                        3265 Walker Ave, Suite D, Grand Rapids, MI 49544                    Listing Broker License #                                6506015435
             Listing Agent Name:                                    Mariana Murillo VanDam                                     Listing Agent License #                                6506015435

        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
                                                                                                                                                                                                          dotloop verified
                                                                                                                                                                                                          03/01/23 12:08 PM EST
                                                                                                                                                                                                          JNIW-DUQP-CXSX-ACZD



                                               LeighAnn Miksell                                                           Is Seller a U.S. Citizen or Resident Alien?                               Yes              No*
                                Print name as you want it to appear on documents.

             X (Seller’s Signature, Date, Time):
                                                                                                                          Is Seller a U.S. Citizen or Resident Alien?                               Yes              No*
                                 Print name as you want it to appear on documents.
             Seller’s Address:                                                              Seller’s Phone (Res.)                                                 (Bus)
                 * If Seller(s) is not a U.S. Citizen or Resident Alien, there may be tax implications and Buyer and Seller are advised to seek professional advice.


        37. Buyer’s Receipt/Acceptance: Buyer acknowledges receipt of Seller’s response to Buyer’s offer. In the event Seller’s response
            constitutes a counteroffer, Buyer accepts said counteroffer. All other terms and conditions in the offer remain unchanged.


             X (Buyer’s Signature, Date, Time):

             X (Buyer’s Signature, Date, Time):

        38. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer.
             X (Seller’s Signature, Date, Time):

             X (Seller’s Signature, Date, Time):

                                                         304 McLaughlin Ave, Muskegon, MI 49442                                                                 02/22/2023                                   6pm
                                                 Subject Property Address/Description                                                                             Date                                       Time
         ©Copyright, West Michigan REALTOR® Associations
         Revision Date 1/2023                                                                               RC                GW             Buyer’s Initials          LM                            Seller’s Initials
                                                                                                          02/22/23           02/22/23                                 03/01/23


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                                                  Please read and have buyer/s sign. Attach with offer.
                      Paragraph 8- Seller will provide a quit claim deed vs a warranty deed.
                      Builder one year warranty starts from day of Certificate of Occupancy.

                      Buyer shall bring dwelling unit into compliance with the following per the city’s Zoning Ordinance:
                      Each dwelling unit shall have an approved established vegetative ground cover, native to the immediate
                      area within 600 feet, no less than 12 months after occupancy. Approval shall be given by zoning staff of
                      the Planning Department as part of the initial residential site plan review. A minimum of one shade tree,
                      two and one-half inches (2.5") in diameter, four feet (4') from the ground or one six foot (6') evergreen
                      tree shall be provided. Existing landscaping may be accepted in lieu of this requirement. Buyer shall be
                      responsible to water and maintain vegetation.



                            Roque Cuellar
                                                                 dotloop verified
                                                                 02/22/23 5:50 PM EST
                      __________________________________________
                                                  P49Z-GQFH-U2CF-QOMT


                      Buyer


                       Golden Weideman
                                                             dotloop verified
                                                02/22/23 3:54 PM EST
                      __________________________________________
                                                2BMR-29Z3-SCKH-KRUD

                      Buyer


                       Mariana Murillo VanDam
                                                             dotloop verified
                                                             02/21/23 9:01 PM EST
                                                             CFSD-1A9X-QKAI-S0OR
                      __________________________________________
                      Buyer’s Agent
                      LeighAnn Mikesell
                                                            dotloop verified
                                                            02/28/23 5:19 PM EST
                                                            0YW5-OP2Q-LHPO-JINL
                      _______________________________________
                      LeighAnn Mikesell




            Packet Page 54
                           Agenda Item Review Form
                            Muskegon City Commission

    Commission Meeting Date: March 14, 2023                                Title: Sale of 269 Catherine
                                                                           Avenue

    Submitted By: LeighAnn Mikesell                                        Department: City Manager’s
                                                                           Office

    Brief Summary: Staff is requesting approval of a purchase agreement for 269 Catherine Avenue.



    Detailed Summary & Background:
    269 Catherine Avenue was constructed through the agreement with Dave Dusendang to construct
    infill housing with ARPA funding. The offer is for the full listing price with no seller concessions.
    The offer also includes costs to cover air conditioning.

    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 269 Catherine Avenue.



    Approvals:                                                             Guest(s) Invited / Presenting
    Immediate Division Head          Information Technology
    Other Division Heads             Communication                         Yes

    Legal Review                                                           No


    For City Clerk Use Only:
    Commission Action:




Packet Page 55
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                                                   Please read and have buyer/s sign. Attach with offer.
                      Paragraph 8- Seller will provide a quit claim deed vs a warranty deed.
                      Builder one year warranty starts from day of Certificate of Occupancy.

                      Buyer shall bring dwelling unit into compliance with the following per the city’s Zoning Ordinance:
                      Each dwelling unit shall have an approved established vegetative ground cover, native to the immediate
                      area within 600 feet, no less than 12 months after occupancy. Approval shall be given by zoning staff of
                      the Planning Department as part of the initial residential site plan review. A minimum of one shade tree,
                      two and one-half inches (2.5") in diameter, four feet (4') from the ground or one six foot (6') evergreen
                      tree shall be provided. Existing landscaping may be accepted in lieu of this requirement. Buyer shall be
                      responsible to water and maintain vegetation.



                              Leticia García González
                                                                   dotloop verified
                                                                   03/03/23 5:10 AM EST
                                                                   IAOR-DKU2-S15V-TMLC
                      __________________________________________
                      Buyer


                      __________________________________________
                      Buyer

                        Roberto Leon
                                                              dotloop verified
                                                              03/02/23 6:05 PM EST
                                                              I8OJ-YK0A-ETWI-XD8Q
                      __________________________________________
                      Buyer’s Agent
                         LeighAnn Mikesell
                                                              dotloop verified
                                                              03/02/23 10:21 AM EST
                      _______________________________________
                                               BINQ-8NJK-GOZ7-BD8U


                      LeighAnn Mikesell




            Packet Page 56
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                                                    Please read and have buyer/s sign. Attach with offer.
                      Paragraph 8- Seller will provide a quit claim deed vs a warranty deed.
                      Builder one year warranty starts from day of Certificate of Occupancy.

                      Buyer shall bring dwelling unit into compliance with the following per the city’s Zoning Ordinance:
                      Each dwelling unit shall have an approved established vegetative ground cover, native to the immediate
                      area within 600 feet, no less than 12 months after occupancy. Approval shall be given by zoning staff of
                      the Planning Department as part of the initial residential site plan review. A minimum of one shade tree,
                      two and one-half inches (2.5") in diameter, four feet (4') from the ground or one six foot (6') evergreen
                      tree shall be provided. Existing landscaping may be accepted in lieu of this requirement. Buyer shall be
                      responsible to water and maintain vegetation.



                      __________________________________________
                      Buyer


                      __________________________________________
                      Buyer


                      __________________________________________
                      Buyer’s Agent
                         LeighAnn Mikesell
                                                               dotloop verified
                                                               03/02/23 10:21 AM EST
                      _______________________________________
                                               BINQ-8NJK-GOZ7-BD8U


                      LeighAnn Mikesell




            Packet Page 57
     PRE-APPROVAL LETTER



     2/28/23

     Dear Leticia Garcia-Gonzalez,
     ,
     Based  on the information you provided and a preliminary review of your credit report, Private
      Borrower,
     Mortgage Guarantee has pre-approved you for a home loan subject to the conditions stated below
     and according to the following terms:
     /2019                  Loan Type:                FHA
                             Purchase Price:                   $174,000



     ALL FINANCIALS HAVE BEEN REVIEWED

     Final approval for a home loan is subject to verification of all information you provided and
     satisfaction of various conditions including, but not limited to, the following:
         ▪   An acceptable appraisal of the subject property to support the sales price
         ▪   An acceptable preliminary title commitment issued on the subject property
         ▪   Acceptable income documentation
         ▪   Proof of funds to close and final underwriting approval
         ▪   Final underwriting approval
          ▪
     This Pre-Approval Letter is valid for 90 days from the date set forth.
          ▪
     ove.
      Pre-approval reflects a preliminary determination that you qualify for Private Mortgage Guarantee
     lending standards and guidelines. This Pre-Approval Letter is not an offer to lend, a commitment for a
     loan, or a guarantee of specific rate or terms. Any rates quoted are only an indication of current rates as
     of the date of this Pre-approval Letter. If you receive a final approval for a loan, the loan amount and
     conditions may be different than what is described in this Pre- Approval Letter.

     Sincerely,


     Melissa Rincones
     Senior Loan Originator NMLS: 1323643
     C:616-581-3542 O:616-290-6308
     4364 Liberty Square SW
     Grandville, MI 49418
     [email protected]




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                                                                    WEST MICHIGAN REGIONAL
                                                          ADDENDUM TO PURCHASE AGREEMENT

         MLS #                                                                            Date: 03/01/2023                                                                         (time)
                                                                                                                                                     [email protected]
         Selling Office Keller Williams Rivertown                              , REALTOR® Phone 6168289974                                   Email
                                                                                                                                                     [email protected]
         Listing Office West Urban Realty                                      , REALTOR® Phone 616-366-2459                                 Email


         1.   Addendum # 1                               to Purchase Agreement dated 03/01/2023                                                           covering property at

              269 Catherine Avenue, Muskegon, MI 49442


         2.   This Addendum shall be an integral part of the Purchase Agreement, which is amended as follows:
              1) $2800 payable to West Urban Realty for Central Air Unit. Buyer to pay when product is installed 5 days prior to closing .




         3.   The    Seller     Buyer (check one) gives the above-named REALTOR®                                   days to obtain the written acceptance of this
              Addendum to the Purchase Agreement. If accepted, this Addendum will constitute a binding change to the Purchase Agreement.

         4.   RECEIPT IS ACKNOWLEDGED BY BUYER of a copy of this Agreement.

                                                                                                     Leticia García González
                                                                                                                                                        dotloop verified
                                                                                                                                                        03/01/23 12:22 PM EST
                Date                                                                             X                                                      MKEL-JVH5-GJV6-NUUZ     Buyer
                                                                                                     (Note: Please sign as you wish your name to appear on final papers.)


                                                                                                 X                                                                              Buyer
                                                                                                     (Note: Please sign as you wish your name to appear on final papers.)


         5.   RECEIPT IS ACKNOWLEDGED BY SELLER of a copy of this Agreement.

                                                                                                     LeighAnn Mikesell
                                                                                                                                                       dotloop verified
                                                                                                                                                       03/02/23 10:21 AM EST
                Date                                                                             X                                                     UHOJ-M23W-RC8N-PCKT      Seller
                                                                                                     (Note: Please sign as you wish your name to appear on final papers.)



                                                                                                 X                                                                              Seller
                                                                                                     (Note: Please sign as you wish your name to appear on final papers.)




         ©West Michigan REALTOR® Boards
         Rev 7/2020
              Packet Page 59
dotloop signature verification: dtlp.us/vzJ2-lWvI-UCIB

                                                         WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
                                                                                                                                                         #
         DATE: 03/01/2023                                      ,                    (time)                                    MLS #

         SELLING OFFICE:Keller Williams Rivertown                      BROKER LIC.#:6505379295                  REALTOR® PHONE:(616) 288-3244

         LISTING OFFICE: West Urban Realty(hh11563)                   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: Roberto Leon                                       Email: [email protected]                         Lic.#:

            Alternate Selling Agent Name: Larry Martin                               Email:[email protected] Lic.#:
         3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.)
                Buyer has received the Seller’s Disclosure Statement, dated                          .
                Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt
                of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this
                Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by
                registered mail. Exceptions:
                Seller is exempt from the requirements of the Seller Disclosure Act.
        4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached
           and will be an integral part of this Agreement.
        5. Property Description: Buyer offers to buy the property located in the   City     Village Township of Muskegon                       ,
           County of Muskegon County                         , Michigan, commonly known as (insert mailing address: street/city/state/zip code)
           269 Catherine Avenue
           with the following legal description and tax parcel ID numbers:
           Lot 16 Except the west 17.75 feet thereof, block 260, 1903 revised plat of the city of Muskegon, Muskegon County, Michigan


             PP#61-24-205-260-0016-00                                                                                                                                       .
           The following paragraph applies only if the Premises include unplatted land:
           Seller agrees to grant Buyer at closing the right to make (insert number)All                  division(s) under Section 108(2), (3), and
           (4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays
           with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the
           number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale
           will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or
           before                                  , of the proposed division to create the Premises.
        6. Purchase Price: Buyer offers to buy the Property for the sum of $ 170000
                                                                                                                                           U.S. Dollars
        7. Seller Concessions, if any:

        8. Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.)
           SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below
           are currently available to Buyer in cash or an equally liquid equivalent.
             If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within
             three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall
             receive a refund of Buyer’s Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price.
                   CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual Agent
                   verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information to Seller and/or
                   Seller’s Agent. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement
                   at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be
                   arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement.
                   NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to
                   obtain a FHA                            type 30              (year) mortgage in the amount of 90           % of the Purchase Price
                   bearing interest at a rate not to exceed 7.1            % per annum (rate at time of loan application), on or before the date the sale is
                   to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to
                   process the application, within 3                  days after the Effective Date, not to impair Buyers’ credit after the date such loan if
                   offered.      Seller    Buyer will agree to pay an amount not to exceed $ 0                       representing repairs required as a
                   condition of financing. Buyer         agrees      does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from
         ©Copyright, West Michigan REALTOR® Associations
         Page 1 of 6 Rev. Date 1/2023                                                           LGG              Buyer’s Initials         LM                 Seller’s Initials
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                                                                                                               West Michigan Regional Purchase Agreement          Page 2 of 6
                    Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent.
                    Exceptions:

                    SELLER FINANCING (choose one of the following):                CONTRACT or                   PURCHASE MONEY MORTGAGE
                    In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the
                    credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if
                    Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer
                    within 48 hours. Seller is advised to seek professional advice regarding the credit report.
                    $                           upon execution and delivery of a
                    form (name or type of form and revision date), a copy of which is attached, wherein the balance of $
                    will be payable in monthly installments of $                            or more including interest at                    % per annum,
                    interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance
                    will become due and payable                            months after closing. Any appraisal required by Buyer shall be arranged and
                    paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions:


                    EQUITY (choose one of the following):         Formal Assumption or       Informal Assumption
                    Upon execution and delivery of:       Warranty Deed subject to existing mortgage OR             Assignment of Vendee Interest
                    in Land Contract, Buyer to pay the difference (approximately $                             ) between the Purchase Price above
                    provided and the unpaid balance (approximately $                             ) upon said mortgage or land contract, which Buyer
                    agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future
                    taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten
                    (10) days after the Effective Date of this Agreement. Exceptions:

                    OTHER:


         9. Contingencies: Buyer’s obligation to consummate this transaction (choose one):
                    IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer.
                    IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at:

                    A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale
                    or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in
                    writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest
                    Money Deposit.
                    IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing
                    of a sale or exchange of Buyer’s property located at
                                                          on or before                                      . Seller will have the right to continue to
                    market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy
                    thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such
                    price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified
                    promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions:

         10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All
             improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the
             following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and
             bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage
             disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached
             shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and
             pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on
             heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid
             heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete
             rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball
             backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars;
             detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door
             opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes:




              but does not include:
              N/A

              269 Catherine Avenue, Muskegon, MI 49442
                                                 Subject Property Address/Description                                                       Date                  Time
         ©Copyright, West Michigan REALTOR® Associations
         Revision Date 1/2023                                                                  LGG                     Buyer’s Initials         LM             Seller’s Initials
                                                                                               03/01/23                                        03/02/23


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                                                                                                            West Michigan Regional Purchase Agreement          Page 3 of 6

         11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
             possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
             cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
             that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
             expended through normal use. Exceptions:

         12. Assessments (choose one):
             If the Property is subject to any assessments,
                  Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless
                  of any installment arrangements), except for any fees that are required to connect to public utilities.
                 Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume
                 and pay all other installments of such assessments.
             Seller has an ongoing obligation through the Closing to disclose to the Buyer any known pending assessments, including, but not limited
             to, any mandatory utility connection requirements, and/or benefit charges, and condominium special assessments, that have not been
             previously disclosed in writing to Buyer.
         13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all taxes
             billed after those addressed below.
              Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property
              tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the
              Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when
              property is transferred.
                  No proration.            (Choose one):
                         Buyer                 Seller    will pay taxes billed summer                  (year);
                         Buyer                 Seller    will pay taxes billed winter                  (year);
                  Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if
                  necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment
                  and prorated to the date of closing with Seller paying for January 1 through the day before closing.
                  Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one):         advance.         arrears.
                  Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal
                  year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken
                  down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions:

         14. Well/Septic: Within ten (10) days after the Effective Date, (choose one)  Seller or     Buyer will arrange for, at their own expense,
             an inspection of the primary well used for human consumption (including a water quality test for coliform bacteria and nitrates) and
             septic systems in use on the Property. The inspection will be performed by a qualified inspector in a manner that meets county (or
             other local governmental authority, if applicable) protocol.
              If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may,
              within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a
              refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails
              to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as-is.
              Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable
              resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of
              termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract,
              Buyer will proceed to closing according to the terms and conditions of this Agreement.
             Other:
         15. Inspections & Investigations:
              Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at
              Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be
              Buyer’s responsibility and expense.
              Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances
              and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the
              Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone.
              All inspections and investigations will be completed within ____ days after the Effective Date. If the results of Buyer’s inspections and
              investigations are not acceptable to Buyer, Buyer may, within the above referenced period, either (a) terminate this Agreement by
              written notice to Seller and receive a refund of Buyer’s Earnest Money Deposit, or (b) make a written proposal to Seller to correct those
              unsatisfactory conditions, which proposal must be in the form of a proposed addendum and must be signed by Buyer in order for it to
              be effective. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have
              269 Catherine Avenue, Muskegon, MI 49442
                                                 Subject Property Address/Description                                                    Date                  Time
         ©Copyright, West Michigan REALTOR® Associations
         Revision Date 1/2023                                                               LGG                     Buyer’s Initials         LM             Seller’s Initials
                                                                                            03/01/23                                        03/02/23


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                                                                                                            West Michigan Regional Purchase Agreement          Page 4 of 6
             accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this
             Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of
             Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a refund of
             any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed
             to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this Agreement.
                 Buyer has waived all rights under this Inspections & Investigations paragraph.
             Exceptions:
         16. Municipal Compliances: Seller will arrange and pay for current certificates of occupancy, sidewalk compliance, and smoke detector
             ordinances, if applicable.
         17. Title Insurance: Seller agrees to convey marketable title to the Property subject to conditions, limitations, reservation of oil, gas and
             other mineral rights, existing zoning ordinances, and building and use restrictions and easements of record. An expanded coverage
             ALTA Homeowner’s Policy of Title Insurance in the amount of the Purchase Price shall be ordered by Seller and furnished to Buyer at
             Seller’s expense, and a commitment to issue a policy insuring marketable title vested in Buyer, including a real estate tax status
             report, will be made available to Buyer within ten (10) days after the Effective Date. If Buyer so chooses, or if an expanded policy is
             not applicable, then a standard ALTA Owners’ Policy of Title Insurance shall be provided.
              If Buyer objects to any conditions, Buyer may, within three (3) days of receipt of the Title Commitment, by written notice to Seller,
              either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct
              those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
              deemed to have accepted the Title Commitment as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s
              proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days
              after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and
              shall receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day
              period, Buyer will be deemed to accept the Title Commitment as-is and will proceed to closing according to the terms and conditions
              of this Agreement. Exceptions:

         18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property
             and the location of improvements thereon.
                  Buyer or     Seller (choose one) shall within ten (10) days of the Effective Date, order, at their expense, a boundary survey with iron
               corner stakes showing the location of the boundaries, improvements and easements in connection with the Property. Upon receipt of
               the survey, Buyer will have three (3) days to review the survey. If the survey shows any condition, in Buyer’s sole discretion, which
               would interfere with Buyer’s intended use of the Property, the marketability of the title, or zoning non-compliance, then Buyer may,
               within said three (3) day period, terminate this Agreement, in writing, and Buyer will receive a full refund of Buyer’s Earnest Money
               Deposit.
                 No survey. Buyer has waived all rights under this paragraph.
              When closing occurs, Buyer shall be deemed to have accepted the boundaries of the Property and the location of such improvements
              thereon. Exceptions:

         19. Home Protection Plan: Buyer and Seller have been informed that home protection plans may be available. Such plans may provide
             additional protection and benefit to the parties. Exceptions:
             Seller to provide if one exists.
         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
             04/03/2023                        . An additional period of fifteen (15) days will be allowed for closing to accommodate the correction of
             title defects or survey problems which can be readily corrected, or for delays in obtaining any lender required inspections/repairs. During
             this additional period, the closing will be held within 5 days after all parties have been notified that all necessary documents have been
             prepared. Buyer and Seller will each pay their title company closing fee, if applicable, except in the case of VA financing where Seller
             will pay the entire closing fee. Exceptions:

         22. Pre-Closing Walk-Through: Buyer (choose one)                     reserves        waives the right to conduct a final walk-through of the
             Property within three (3) days of the scheduled closing date. The purpose of the walk-through is to determine that the Property is in
             a substantially similar condition as of the Effective Date, any contractually agreed upon items have been fulfilled, and that any included
             personal property is still located at the Property. Buyer shall immediately report to Seller any objections to these conditions and Buyer’s
             requested corrective action.
         23. Possession: Seller will maintain the Property in its present condition until the completion of the closing of the sale. Possession to be
             delivered to Buyer, subject to rights of present tenants, if any.
                 At the completion of the closing of the sale.
                 At                a.m.     p.m. on the                     day after completion of the closing of the sale, during which time Seller


              269 Catherine Avenue, Muskegon, MI 49442
                                                 Subject Property Address/Description                                                    Date                  Time
         ©Copyright, West Michigan REALTOR® Associations
                                                                                            LGG                     Buyer’s Initials         LM             Seller’s Initials
         Revision Date 1/2023                                                               03/01/23                                        03/02/23
                                                                                                                                          10:21 AM EST

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                                                                                                             West Michigan Regional Purchase Agreement          Page 5 of 6
              will have the privilege to occupy the Property and hereby agrees to pay Buyer $ 0                                           as an occupancy
              fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds.
              If Seller fails to deliver possession to Buyer on the agreed date, Seller shall become a tenant at sufferance and shall pay to Buyer as
              liquidated damages $0                       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 9pm                                                     (time) on
             03/02/2023                           (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted by
             Seller, will constitute a binding Agreement between Buyer and Seller. An Earnest Money Deposit in the amount of $2000
             shall be submitted toChicago 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

              269 Catherine Avenue, Muskegon, MI 49442
                                                 Subject Property Address/Description                                                     Date                  Time
         ©Copyright, West Michigan REALTOR® Associations
                                                                                             LGG                     Buyer’s Initials         LM             Seller’s Initials
         Revision Date 1/2023                                                                03/01/23                                        03/02/23
                                                                                                                                           10:21 AM EST

            Packet Page 64
                                                                                           12:22 PM EST
                                                                                          dotloop verified                                dotloop verified
dotloop signature verification: dtlp.us/vzJ2-lWvI-UCIB



                                                                                                                       West Michigan Regional Purchase Agreement                            Page 6 of 6
              communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’
              license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the
              Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with
              Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme
              to steal funds or use your identity.
         31. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer.
                                                                                                                     Leticia García González
                                                                                                                                                                        dotloop verified

              Buyer 1 Address                                                                              X                                                            03/01/23 12:22 PM EST
                                                                                                                                                                        ZOYK-WFUN-AQZA-JTKG        Buyer
              Buyer 1 Phone: (Res.)                               (Bus.)                                               Leticia García González
                                                                                                                            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:3265 Walker Ave, Suite D, Grand Rapids, MI 49544                                        Listing Broker License # 6505429509
             Listing Agent Name: Mariana Murillo VanDam                                                                    Listing Agent License # 6506015435

        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
                                                                                                                                                                                                dotloop verified
                                                                                                                                                                                                03/02/23 10:21 AM EST
                                                                                                                                                                                                KCDU-3PLP-E20U-ASSK



                     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):

             X (Buyer’s Signature, Date, Time):

        38. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer.
             X (Seller’s Signature, Date, Time):

             X (Seller’s Signature, Date, Time):


                                                 Subject Property Address/Description                                                                Date                                       Time
         ©Copyright, West Michigan REALTOR® Associations
         Revision Date 1/2023                                                                        LGG                          Buyer’s Initials       LM                            Seller’s Initials
                                                                                                     03/01/23                                           03/02/23
                                                                                                                                                      10:21 AM EST

            Packet Page 65
                                                                                                   12:22 PM EST
                                                                                                  dotloop verified                                   dotloop verified
                           Agenda Item Review Form
                            Muskegon City Commission

    Commission Meeting Date: March 14, 2023                             Title: Farmers Market Rates

    Submitted By: Ann Meisch                                            Department: City Clerk

    Brief Summary: Staff recommends increasing tier 1 – corner from $678 to $700, tier 1 regular from
    $628 to $650, and Tier 2 regular from $528 to $540, Saturday daily vendors from $36 to $40, and
    add a new fee of Tuesdays from July – Sept of $30.

    Detailed Summary & Background: The Farmers Market Advisory committee met on February 23,
    2023 to review the proposed fees and recommended approval.

    Goal/Focus Area/Action Item Addressed: Action item 2022-4.2 External Revenue Sources

    Amount Requested: NA                                Amount Budgeted:



    Fund(s) or Account(s): 252 Farmers Market           Fund(s) or Account(s):

    Recommended Motion: To approve the request to increase the vendor fees at the Farmers Market
    as outlined above.

    Approvals:                                                          Guest(s) Invited / Presenting
    Immediate Division Head         Information Technology
                                                                        Yes
    Other Division Heads            Communication
    Legal Review                                                        No


    For City Clerk Use Only:
    Commission Action:




Packet Page 66
     2023 Summer Rates (May 6 – November 25) (Closed Thanksgiving 11/23) Starting Date Tuesday May 2
                                                  per stall/per day
      TIER 1 - CORNER        7 MONTHS          700.00 7.87        WINTER MKT NOV / INSIDE / DOOR    TBD
      TIER 1 - REGULAR       7 MONTHS          650.00 7.30        WINTER MKT NOV / INSIDE / TABLE   TBD
      TIER 2 - REGULAR   7 MONTHS/NO PARK      540.00 6.08

      TUESDAY                MAY – JUNE         20.00             WINTER MKT 5 MONTHS (DEC – APR)
      TUESDAY                JULY – SEPT        30.00             WINTER MKT OUTSIDE                TBD
      TUESDAY                 OCT – NOV         20.00             WINTER MKT INSIDE/DOOR/DAILY      TBD
                                                                                                    TBD
                                                                 WINTER MKT   INSIDE/TABLE/DAILY
      THURSDAY               MAY – NOV          20.00

      SATURDAY               MAY – NOV          40.00




Packet Page 67
                           Agenda Item Review Form
                            Muskegon City Commission

    Commission Meeting Date: March 14, 2023                                Title: Amend Ordinance
                                                                           Chapter 6, Animals

    Submitted By: Jonathan Seyferth                                        Department: City Manager

    Brief Summary:
    The City Commission at their December 2022 LPC meeting directed staff to update the Animal
    Ordinance to remove all specific references to any one type of dog breed.

    Detailed Summary & Background:
    There were several references to “pit bull dog” in the ordinance. Those were all removed. The
    language that remains references “dangerous dogs” or “dangerous animals.”


    Staff also updated the definitions of Dangerous Animal and Vicious Animal.


    Staff believes this update achieves the directive of the Commission.


    It should be noted, legal counsel reviewed the update. It was point out that by having “pit bull” in
    the ordinance it does make it more straight forward to enforce on that breed if there’s an issue (the
    burden of proof on the City is less because a specific breed is called out). This update could create
    another step in the process for that breed. However, it now becomes uniform for all breed types.
    This is simply bring provided for context and transparency.

    Goal/Focus Area/Action Item Addressed:
    Community Connection, fostering stronger ties among community agencies/partners

    Amount Requested: None                               Amount Budgeted: N/A

    Fund(s) or Account(s): N/A                           Fund(s) or Account(s): N/A

    Recommended Motion: I recommend updating City Ordinance, Chapter 6, Animals 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
Packet Page 68
    For City Clerk Use Only:
    Commission Action:




Packet Page 69
                                                                    Chapter 6

                                                                  ANIMALS*
                                  Sec. 6-1.        Definitions.
                                  Sec. 6-2.        Penalties.
                                  Sec. 6-3.        Reserved.
                                  Sec. 6-4.        Responsibilities; authority.
                                  Sec. 6-5.        Owner responsibility.
                                  Sec. 6-6.        Interference; authority of police and animal control officers.
                                  Sec. 6-7.        Impoundment.
                                  Sec. 6-8.        Licensing; rabies vaccination.
                                  Sec. 6-9.        General prohibitions.
                                  Sec. 6-10.       Reserved.
                                  Sec. 6-11.       Abandonment.
                                  Sec. 6-12.       Animals running loose.
                                  Sec. 6-13.       Removal of animal excrement.
                                  Sec. 6-14.       Confinement of animals; number of dogs and cats which may be
                                                   kept.
                                   Sec. 6-15.      Dangerous dogs; confinement and handling; number.
                                   Sec. 6-16.      Other dangerous animals; confinement.
                                   Sec. 6-17.      Livestock and poultry.
                                   Sec. 6-18.      Beekeeping.
             *State law references—Animal control ordinances, MCL 287.290; Dogs Law of 1919, MCL 287.261 et seq.; dangerous
          animals, MCL 287.321 et seq.



          Supp. No. 3




                                                                      CD6:1

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                                                              ANIMALS
          Sec. 6-1. Definitions.                                   Dangerous animal does not include any of the following:(1)   An
             The following words, terms and phrases, when          animal that bites or attacks a person who is
          used in this chapter, shall have the meanings
          ascribed to them in this section, except where the       knowingly trespassing on the property of the
          context clearly indicates a different meaning:
          Animal control authority means the county and the        animal’s owner.
          city and their designated officers. The licensing
          authority and the animal control authority may be,
          but are not necessarily, the same entity. Animal
                                                                   (2) An animal that bites or attacks a person who
          control shelter means a facility operated by the
          county and, in addition, if designated and               provokes or torments the animal.
          contracted, other facilities under contract with the
          city for the impoundment and care of animals that
          are found in the streets or at large, animals that are
          otherwise held due to the violation of a municipal       (3) An animal that is responding in a manner that
          ordinance, county ordinance or state law, or animals
          that are surrendered to the animal control shelter.      an ordinary and reasonable person would conclude

             Control means having an animal in confinement         was designed to protect a person if that person is
          as described or required by this chapter, or
                                                                   engaged in a lawful activity or is the subject of an
          restrained by its owner on a leash no greater than six
          feet in length and of sufficient strength to confine     assault.
          the animal, or in certain cases where specified in
          this chapter, a shorter leash. The term "control"
          shall not mean allowing an animal to go unleashed
          outside of its confinement or pen.                         Handler means any person having control of an
                                                                   animal, whether or not by the consent or direction
             Dangerous animal means a dog or other animal          of the owner.
          that bites or attacks or threatens to attack a person
          (as evidenced by snarling, snapping or lunging); or         Impound means to place any animal in the
          a dog that bites or attacks and causes serious injury    custody or control of an animal control shelter.
          or death to another dog while the other dog is on the    Licensing authority means the county, in
          property or under the control of its owner.
          Dangerous animal also includes the following:            accordance with state law and county ordinance.
                                                                   Livestock means horses, cows, swine, sheep, goats,
            (1)   Any mammal, amphibian, reptile, or fowl
                  of a species which, due to size, vicious         or any hoofed animal.
                  nature or other characteristic, would               Owner means a person having the custody of an
                  constitute a danger to human life, physical      animal or who keeps or harbors an animal, a person
                  well-being or property, including, but not       having the authority of the owner to be the handler
                  limited to, lions, tigers, leopards, panthers,   of the animal, or a person who knowingly permits
                  bears, wolves or wolf hybrids, apes,             an animal to remain on or about any premises
                  gorillas, monkeys of a species with an           occupied by that person. Poultry includes chicken,
                  average adult weight in excess of 20             ducks, geese, pheasants, or other fowl of a type
                  pounds, foxes, elephants, alligators,            normally used for food or egg production.
                  crocodiles and snakes which are poisonous
                  or otherwise present a risk of physical harm        Restraint. A dog or cat shall be considered under
                  or death to human beings as a result of their    restraint if it is within the real property limits of its
                  nature or physical makeup, including all         owner or secured by its owner on a leash or lead no
                  constrictors.                                    greater than six feet in length and of sufficient
                                                                   strength to confine the animal. Any other animal is
            (2)   Any dog or cat having a disposition or           considered restrained only if it is effectively
                  propensity to attack or bite any person or       prevented from escape by appropriate means.
                  animal without provocation.
                                                            CD6:3

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                              MUSKEGON CITY CODE
   Vicious animal means any animal which:                     pursue, including destruction of the animal
                                                              in question.
   (1) Has killed a person; or                         (Code 2002, § 6-2; Ord. No. 2064, § 3.16, 12-
                                                       112001)
   (2) Has inflicted serious injury to a person; or
                                                       Sec. 6-3. Reserved.

   (3) Has continued to exhibit the behavior which     Sec. 6-4. Responsibilities; authority.
       resulted in a previous finding by a court or
       animal control officer that it is a dangerous      (a) It is determined by the city that ownership
       or vicious dog, provided that its owner has     of an animal is a privilege which carries with it
       been given notice of that finding               responsibilities to the city and all persons therein
                                                       with regard to the care, custody, and handling of the
                                                       animal.
   Wild animal means any living member of the             (b) This chapter shall not be construed to limit
animal kingdom, including those born or raised in      or substitute for the authority or functions of the
captivity, except the following:                       county animal control shelter or animal control
                                                       department.
   (1) Domestic dogs (excluding hybrids with
       wolves, coyotes, or jackals).                      (c) The regulations set forth in this chapter are
                                                       supplemental to and not in substitution of the county
   (2) Domestics cats (excluding hybrids with          animal control department, any county ordinance
       ocelots or margays).                            related thereto or the state law regarding county
   (3) Ferrets.                                        animal control.
   (4) Rodents.                                           (d) The provisions of this chapter shall be
                                                       construed to impose the primary responsibility for
§6-1
                                                       compliance with its provisions on the owner, the
                                                       handler, or on any person in control of any animal.
                                                       No animal of any kind shall be kept in the city or be
  (5) Captive-bred species of common cage              present in the city in violation of the provisions of
       birds. (Code 2002, § 6-1; Ord. No. 2064, §      this chapter.
       3.2, 12-112001; Ord. No. 2222, 5-22-2007;       (Code 2002, § 6-4; Ord. No. 2064, §§ 3.0, 3.1, 3.3,
       Ord. No. 2268,
                                                       12-11-2001; Ord. No. 2268, 12-8-2009)
12-8-2009)
                                                       Sec. 6-5. Owner responsibility.
Sec. 6-2. Penalties.
                                                          (a) All dogs and cats shall be kept under
  Any person violating this chapter shall be subject
                                                       restraint, except for a service animal actively
to one or more of the following penalties as
                                                       engaged in performing its duty or a dog actively
applicable:
                                                       engaged in training or performance event or
   (1) Any person violating section 6-15               competition. Dogs or cats shall not be permitted to
       involving dangerous dogs shall be guilty of     be at large in the city.
       a misdemeanor.
                                                          (b) Every vicious dog or cat, as determined by
   (2) Any person violating any other prohibition      a police officer or the animal control authority, shall
       of this chapter shall be responsible for a      be confined by its owner within a building or secure
       municipal civil infraction. The schedule of     enclosure and shall be securely muzzled or caged
       fines for municipal civil infractions is set    whenever off the premises of its owner.
       forth in section 46-204.
                                                          (c) The owner of every dog or cat shall be held
   (3) All persons found in violation shall be         responsible for every behavior of such dog or cat
       subject to further injunctive or other          under the provisions of this chapter.
       equitable relief as the city may determine to

                                      CD6:4

  Packet Page 73
                                                              ANIMALS
             (d) Fecal matter shall be collected and removed          (a) No person shall own, keep, or harbor any
          from the area where the animal is harbored or kept.      dog over four months of age within the city unless
          (Code 2002, § 6-5; Ord. No. 2064, § 3.9, 12-             such dog is vaccinated and licensed, as required by
          112001; Ord. No. 2229, 7-10-2007; Ord. No. 2268,         state law, county ordinance or both. The provisions
          12-8-2009)                                               of this section do not apply to animals owned by a
                                                                   licensed research facility or held in a veterinary
          Sec. 6-6. Interference; authority of police and          medical facility or government operated or licensed
                    animal control officers.                       animal shelter.
             (a) No person shall interfere with, oppose,             (b) All dogs shall be vaccinated against rabies,
          hinder, or molest any agent of the animal control        and certified as so vaccinated, as required by state
          authority in the performance of any duty as              law, county ordinance or both. (Code 2002, § 6-8;
          provided in this chapter.                                Ord. No. 2064, § 3.5, 12-112001; Ord. No. 2268,
             (b) If seizure and impoundment of a dangerous         12-8-2009)
          animal is not possible without risk of serious
          physical harm or death to any person, the animal         Sec. 6-9. General prohibitions.
          may be killed by a police officer or animal control
          officer at the time of seizure or impoundment.              The following actions or failures to act shall
          (Code 2002, § 6-6; Ord. No. 2064, § 3.7, 12-             constitute a violation of this chapter, in addition to
          112001)                                                  other prohibitions or violations found in this
                                                                   chapter.
          Sec. 6-7. Impoundment.                                        (1)   Training an animal to engage in vicious
             (a) Impoundment         shall     occur,    where                behavior.
          authorized by this chapter, at the county animal                                                          §6-12
          shelter or at an animal control shelter or other
          designated contracted facility registered under
          Public Act No. 287 of 1969 (MCL 287.331 et seq.)              (2)   Training any animal for fighting or contests
          to provide services to include impounding of                        with other animals; carrying on, promoting
          animals delivered to the shelter by authority of the                or being present at such a fighting event
          city or the county. A contract with an animal control               between animals.
          shelter may include shelters in addition to the
          county animal shelter for services, impoundment,              (3)   Cruelty to any animal or poisoning an
          confinement or other functions which the county                     animal.
          elects not to perform or is unable to perform. The            (4)   Molesting small wild animals, birds or
          services and functions of the animal control shelter                birds' nests.
          are governed by state law and county ordinance, if
          any.                                                          (5)   Allowing an animal to constitute a nuisance
                                                                              to surrounding properties or other persons
             (b) Any animal control shelter in which an                       in the vicinity.
          animal is impounded shall carry on release,                   (6)   Harboring or keeping any dog which
          treatment, adoption or disposal of animals in                       commits frequent or habitual barking,
          accordance with the requirements of state law. No                   yelping or howling.
          dog or cat shall be released for adoption to any
          person without being neutered. If the animal is too           (7)   Having a dog on any beach in the city, even
          young to neuter at the time of adoption, the fee shall              if controlled, except for a blind person
          be paid for services, which shall be performed at a                 controlling a guide dog at any time, and
          later date.                                                         except during the months of October
          (Code 2002, § 6-7; Ord. No. 2064, § 3.6, 12-                        through March, or except as allowed by
          112001)                                                             park rules promulgated from time to time
                                                                              by the city.
          Sec. 6-8. Licensing; rabies vaccination.                      (8)   Engaging in the feeding of wild animals,
                                                                              stray cats, or stray dogs.
                                                               CD6:5

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                                  MUSKEGON CITY CODE
(Code 2002, § 6-9; Ord. No. 2064, § 3.14, 12-11-          for such purpose is prevented by the person owning
2001; Ord. No. 2268, 12-8-2009)                           or controlling the property.
   State law references—Cruelty to animals, MCL 750.50;
poisoning, MCL 750.437.                                      (c) This section shall not apply to a person with
                                                          a leader, guide or service animal where the person
Sec. 6-10. Reserved.                                      is unable to comply due to their disability.
                                                          (Code 2002, § 6-13; Ord. No. 2064, § 3.15, 12-
See. 6-11. Abandonment.                                   112001)
   Abandonment of animals is prohibited within the
                                                          Sec. 6-14. Confinement of animals; number of dogs
city.
                                                                      and cats which may be kept.
(Code 2002, § 6-11; Ord. No. 2064, § 3.8.3, 12-
112001)                                                      (a) In other than a permitted veterinary clinic ,
                                                          kennel or commercial use, no person shall maintain
Sec. 6-12. Animals running loose.                         more than three adult dogs and four adult cats in the
  All animals, whether dangerous or not, shall be         city. Animals bom on the premises to a legally
subject to the following:                                 confined pet may remain thereon until four months
                                                          of age, after which they shall be considered adult
   (1) No person shall allow an animal to run             dogs or cats.
       loose or be unconfined in the city.
   (2) If an animal is upon the premises of the             (b) All dogs kept in the city must be licensed in
       owner, the animal shall be effectively             accordance with state law and county ordinances.
       confined as provided in this chapter.                 (c) All animals shall be confined in a pen or
   (3) No dog shall be allowed to run on any              inside the dwelling, under conditions which are
       beach, except a dog completely controlled          sanitary, safe and secure. Any pen utilized for the
                                                          outdoor confinement of a dog shall be of sturdy and
§6-12
                                                          secure construction designed to prevent the escape
                                                          of the animal.
         by a person during the months of October            (d) No female animal in heat shall be confined
         through March, or as permitted by park           in a place where other animals may have access or
         rules promulgated by the city from time to       a nuisance may be created.
         time.
                                                            (e) Any dog which habitually barks shall be
  (4) No unrestrained, unleashed or uncontrolled          kept inside the dwelling.
       dog shall be allowed in any park.                  (Code 2002, § 6-14; Ord. No. 2064, § 3.10, 12-
(Code 2002, § 6-12; Ord. No. 2064, § 3.13, 12-            112001; Ord. No. 2268, 12-8-2009)
112001; Ord. No. 2268, 12-8-2009)
                                                          Sec. 6-15. Dangerous dogs; confinement and
Sec. 6-13. Removal of animal excrement.                             handling; number.
   (a) It shall be unlawful for any person to appear        (a) All dangerous dogsshall be especially
with any animal on public property or the private         confined and treated as follows:
property of another, unless that person has in his
possession an appropriate device for removal of             (1) Leash and muzzle. No person shall permit a
animal excrement.                                               dangerous dog to go outside its kennel or
                                                                pen unless it is securely leashed with a leash
  (b) It shall be unlawful for any person to allow              no longer than four feet in length. No such
any animal to leave its excrement on any public                 dog shall be kept on a chain, rope or other
property, or upon the private property of another,              type of leash outside its kennel or pen
unless the excrement is promptly and thoroughly                 unless a person is in physical control of the
removed from the property by the use of a removal               leash. Such dogs may not be leashed or tied
device; provided, a person may fail to remove the               to inanimate objects. Any such dog on a
excrement if entry on the private property of another           leash outside its kennel or pen must be
                                      CD6:6

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                                                                    ANIMALS
                  muzzled by a muzzling device sufficient to             Sec.            6-16.       Other dangerous
                  prevent the dog from biting persons or other                               animals; confinement.
                  animals.
                                                                            (a) All other dangerous animals besides dogs
            (2) Confinement. All dangerous dogs shall be                 shall be kept and confined in completely secure
                securely confined indoors or in a securely               cages or containers which allow no access by any
                enclosed and locked pen or kennel, except                persons except by unlocking such cages or
                when leashed, muzzled and controlled as                  containers for the feeding of the animal. Such
                provided in subsection (a)(1) of this section.           dangerous animals shall be confined so that there is
                Such pen, kennel or structure must have                  no access to any other animal or humans by the
                secured sides and a secured top attached to              animals.
                the sides. All structures used to confine
                dangerous dogs must be locked with a key
                or combination lock when such animals are                Supp. No. 3
                within the structure. The structure must
                have a secure bottom or floor attached to the                                                                    §6-17
                sides of the pen or the sides of the pen must
                be embedded in the ground no less than two
                feet from the grade. All such structures                    (b) No lions, tigers, leopards, panthers, bears,
                must be adequately lighted and ventilated                wolves or wolf hybrids, apes, gorillas, monkeys in
                and kept in a clean and sanitary condition.              excess of 20 pounds, elephants, alligators,
                                                                         crocodiles, or poisonous or constrictor snakes shall
            (3) Confinement indoors. No dangerous dogs                   be kept in the city, except in a licensed zoo. (Code
                may be kept on a porch, patio, or any part               2002, § 6-16; Ord. No. 2064, § 3.12, 12-11-2001)
                of a house or structure that would allow the                  State law reference—Dangerous animals, MCL 287.321 et seq.
                dog to exit such a building. No such animal
                may be kept in a vacant house or structure.              Sec. 6-17. Livestock and poultry.
            (4) Signs. All owners or handlers of dangerous                  (a) Except as provided in subsection (e), no
                dogs within the city shall display in a                  livestock shall be kept in the city.
                prominent place on the premises and on the                 (b) No live poultry shall be kept in the city
                pen or kennel a sign stating the words                   except that one pet may be kept in a pen or
                "Beware of Dog." The letters shall be at                 confinement which is at least 25 feet from any
                least three inches in height.                            dwelling.
            (5) Insurance. All owners or handlers of                        (c) No more than two rabbits shall be kept on
                dangerous dogs must obtain public liability              any premises in the city. The two rabbits which may
                insurance in a single incident amount of at              be kept at premises shall be in a pen located at least
                least $50,000.00 for bodily injury, death or             25 feet from any dwelling and constructed and
                property damage resulting from the                       maintained in accordance with standards published
                ownership, keeping or maintenance of such                in the industry or by a 4-H organization.
                animal. (6) Number. No more than one dog
                of the description determined by this                       (d) No wild animal shall be kept permanently
                chapter to be dangerous shall be kept on any             or temporarily in the city unless affiliated with a
                premises in the city.                                    transient circus or carnival having all required
                                                                         permits to operate in the city, or a licensed zoo.
             (b) Violations of the requirements of the                        (e)   Education exception.
          provisions in subsection (a) of this section
          concerning dangerous dogs shall carry special                       (1) Upon submission of a site plan and
          penalties set forth in this chapter. (Code 2002, § 6-                   approval by the planning commission, an
          15; Ord. No. 2064, § 3.11, 12-11-2001; Ord. No.                         educational institution may keep a limited
          2268, 12-8-2009)                                                        number of livestock, poultry, fowl, rabbits
            State law reference—Dangerous animals, MCL 287.321 et seq.            and other animals for educational purposes.

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                                   MUSKEGON CITY CODE
   (2) An "educational institutional" for purposes                       ii.   Five to eight hives: 25 feet from
       of this section is defined as an accredited                             property lines.
       educational institution, such as a school
                                                                   (2)    Size of hives. A hive may not exceed 20
       within the Muskegon area intermediate
                                                                          cubic feet.
       school district, an elementary, intermediate,
       and/or     secondary     school,     college,               (3)    Number of hives allowed. Lots less than
       university or other such institutions of                          10,890 square feet may have no more than
       higher learning, public and private, offering                     two hives. Lots between 10,890 square feet
       courses in general, technical or religious                        and 21,780 square feet may have no more
       education, not operated for profit and in full                    than four hives. Lots between 21,781
       compliance with the city's zoning                                 square feet and 43,560
       ordinance.
§6-17
                                                                Supp. No. 3


                                                                         square feet may have no more than five
   (3) Measures must be taken to ensure that the                   hives. Lots larger than 43,560 square feet may
       livestock and other animals are not a                       have no more than eight hives. (4) Barriers. A
       nuisance to neighboring properties for any                  flyway barrier at least six feet in height shall
       reason, including the noise, smell, disease                 shield any part of a property line that is within 25
       or danger that they may cause.                              feet of a hive. The flyway barrier shall consist of
   (4) All livestock and other animals must be                     a wall, fence, dense vegetation or a combination
       located at least 25 feet from any dwelling.                 thereof
   (5) All state and federal laws and regulations                  (5) Water. A constant supply of water shall be
       pertaining to the housing and care of                           provided for all hives to avoid the
       animals shall be followed. In addition, the                     congregation of bees at other nearby water
       program using the animals as part of its                        sources.
       educational curriculum must comply with                    (6) Permit. A development permit is required
       the career tech program guidelines and                          in order to keep bees.
       regulations.                                             (Ord. No. 2364, 5-9-2017)
(Code 2002, § 6-17; Ord. No. 2064, § 3.4, 12-
112001; Ord. No. 2268, 12-8-2009; Ord. No. 2327,
8-26-2014)
   State law reference—Livestock at large, MCL 433.51 et seq.


Sec. 6-18. Beekeeping.
  (a) Beekeeping is permitted under the following
conditions:
   (1)    Location. Hives are permitted on all
          properties that have a principal structure
          and also in approved community gardens
          and urban farms. Hives must be located in
          backyards or on rooftops. Community
          gardens and urban farms that do not have a
          principal structure to establish a back yard
          must have the hives setback at least 50 feet
          from the front property line. Hives must be
          setback from side and rear property lines as
          follows:
         i.     One to four hives: Ten feet from
                property lines;
                                    CD6:8

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     Chapters 7—9

     RESERVED




                    CD7:1




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                                                                      ANIMALS
                                            Chapter 6

                                          ANIMALS*
                                  Sec. 6-1.        Definitions.
                                  Sec. 6-2.        Penalties.
                                  Sec. 6-3.        Reserved.
                                  Sec. 6-4.        Responsibilities; authority.
                                  Sec. 6-5.        Owner responsibility.
                                  Sec. 6-6.        Interference; authority of police and animal control officers.
                                  Sec. 6-7.        Impoundment.
                                  Sec. 6-8.        Licensing; rabies vaccination.
                                  Sec. 6-9.        General prohibitions.
                                  Sec. 6-10.       Reserved.
                                  Sec. 6-11.       Abandonment.
                                  Sec. 6-12.       Animals running loose.
                                  Sec. 6-13.       Removal of animal excrement.
                                  Sec. 6-14.       Confinement of animals; number of dogs and cats which may be
                                                   kept.
                                   Sec. 6-15.      Dangerous dogs; confinement and handling; number.
                                   Sec. 6-16.      Other dangerous animals; confinement.
                                   Sec. 6-17.      Livestock and poultry.
                                   Sec. 6-18.      Beekeeping.
             *State law references—Animal control ordinances, MCL
          287.290; Dogs Law of 1919, MCL 287.261 et seq.; dangerous
          animals, MCL 287.321 et seq.


          Supp. No. 3




                                                                        CD6:1

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                              MUSKEGON CITY CODE
                                                            (2)   Any dog or cat having a disposition or
                                                                  propensity to attack or bite any person or
Sec. 6-1. Definitions.                                            animal without provocation.
   The following words, terms and phrases, when           Dangerous animal does not include any of the
used in this chapter, shall have the meanings            following:
ascribed to them in this section, except where the            (1) An animal that bites or attacks a person
context clearly indicates a different meaning:                   who is knowingly trespassing on the
Animal control authority means the county and the                property of the animal’s owner.
city and their designated officers. The licensing
authority and the animal control authority may be,            (2) An animal that bites or attacks a person
but are not necessarily, the same entity. Animal                 who provokes or torments the animal.
control shelter means a facility operated by the              (3) An animal that is responding in a manner
county and, in addition, if designated and                       that an ordinary and reasonable person
contracted, other facilities under contract with the             would conclude was designed to protect a
city for the impoundment and care of animals that                person if that person is engaged in a lawful
are found in the streets or at large, animals that are           activity or is the subject of an assault.
otherwise held due to the violation of a municipal
ordinance, county ordinance or state law, or animals       Handler means any person having control of an
that are surrendered to the animal control shelter.      animal, whether or not by the consent or direction
                                                         of the owner.
   Control means having an animal in confinement
as described or required by this chapter, or                Impound means to place any animal in the
restrained by its owner on a leash no greater than six   custody or control of an animal control shelter.
feet in length and of sufficient strength to confine     Licensing authority means the county, in
the animal, or in certain cases where specified in
                                                         accordance with state law and county ordinance.
this chapter, a shorter leash. The term "control"
shall not mean allowing an animal to go unleashed        Livestock means horses, cows, swine, sheep, goats,
outside of its confinement or pen.                       or any hoofed animal.
   Dangerous animal means a dog or other animal             Owner means a person having the custody of an
that bites or attacks or threatens to attack a person    animal or who keeps or harbors an animal, a person
(as evidenced by snarling, snapping or lunging); or      having the authority of the owner to be the handler
a dog that bites or attacks and causes serious injury    of the animal, or a person who knowingly permits
or death to another dog while the other dog is on the    an animal to remain on or about any premises
property or under the control of its owner.              occupied by that person. Poultry includes chicken,
Dangerous animal also includes the following:            ducks, geese, pheasants, or other fowl of a type
  (1)   Any mammal, amphibian, reptile, or fowl          normally used for food or egg production.
        of a species which, due to size, vicious            Restraint. A dog or cat shall be considered under
        nature or other characteristic, would            restraint if it is within the real property limits of its
        constitute a danger to human life, physical      owner or secured by its owner on a leash or lead no
        well-being or property, including, but not       greater than six feet in length and of sufficient
        limited to, lions, tigers, leopards, panthers,   strength to confine the animal. Any other animal is
        bears, wolves or wolf hybrids, apes,             considered restrained only if it is effectively
        gorillas, monkeys of a species with an           prevented from escape by appropriate means.
        average adult weight in excess of 20
        pounds, foxes, elephants, alligators,               Vicious animal means any animal which:
        crocodiles and snakes which are poisonous           (1) Has killed a person; or
        or otherwise present a risk of physical harm
        or death to human beings as a result of their       (2) Has inflicted serious injury to a person; or
        nature or physical makeup, including all
        constrictors.

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                                                            ANIMALS
            (3) Has continued to exhibit the behavior which      with regard to the care, custody, and handling of the
                resulted in a previous finding by a court or     animal.
                animal control officer that it is a dangerous
                                                                    (b) This chapter shall not be construed to limit
                or vicious dog, provided that its owner has
                                                                 or substitute for the authority or functions of the
                been given notice of that finding.
                                                                 county animal control shelter or animal control
             Wild animal means any living member of the          department.
          animal kingdom, including those born or raised in
                                                                    (c) The regulations set forth in this chapter are
          captivity, except the following:
                                                                 supplemental to and not in substitution of the county
            (1) Domestic dogs (excluding hybrids with            animal control department, any county ordinance
                wolves, coyotes, or jackals).                    related thereto or the state law regarding county
                                                                 animal control.
            (2) Domestics cats (excluding hybrids with
                ocelots or margays).                                (d) The provisions of this chapter shall be
                                                                 construed to impose the primary responsibility for
            (3) Ferrets.
                                                                 compliance with its provisions on the owner, the
            (4) Rodents.                                         handler, or on any person in control of any animal.
                                                                 No animal of any kind shall be kept in the city or be
            (5) Captive-bred species of common cage
                                                                 present in the city in violation of the provisions of
                 birds. (Code 2002, § 6-1; Ord. No. 2064, §
                                                                 this chapter.
                 3.2, 12-112001; Ord. No. 2222, 5-22-2007;
                                                                 (Code 2002, § 6-4; Ord. No. 2064, §§ 3.0, 3.1, 3.3,
                 Ord. No. 2268,
          12-8-2009)                                             12-11-2001; Ord. No. 2268, 12-8-2009)

          Sec. 6-2. Penalties.                                   Sec. 6-5. Owner responsibility.

            Any person violating this chapter shall be subject      (a) All dogs and cats shall be kept under
          to one or more of the following penalties as           restraint, except for a service animal actively
          applicable:                                            engaged in performing its duty or a dog actively
                                                                 engaged in training or performance event or
            (1) Any person violating section 6-15                competition. Dogs or cats shall not be permitted to
                involving dangerous dogs shall be guilty of      be at large in the city.
                a misdemeanor.
                                                                    (b) Every vicious dog or cat, as determined by
            (2) Any person violating any other prohibition       a police officer or the animal control authority, shall
                of this chapter shall be responsible for a       be confined by its owner within a building or secure
                municipal civil infraction. The schedule of      enclosure and shall be securely muzzled or caged
                fines for municipal civil infractions is set     whenever off the premises of its owner.
                forth in section 46-204.
                                                                    (c) The owner of every dog or cat shall be held
            (3) All persons found in violation shall be
                                                                 responsible for every behavior of such dog or cat
                 subject to further injunctive or other
                                                                 under the provisions of this chapter.
                 equitable relief as the city may determine to
                 pursue, including destruction of the animal        (d) Fecal matter shall be collected and removed
                 in question.                                    from the area where the animal is harbored or kept.
          (Code 2002, § 6-2; Ord. No. 2064, § 3.16, 12-          (Code 2002, § 6-5; Ord. No. 2064, § 3.9, 12-
          112001)                                                112001; Ord. No. 2229, 7-10-2007; Ord. No. 2268,
                                                                 12-8-2009)
          Sec. 6-3. Reserved.
                                                                 Sec. 6-6. Interference; authority of police and
          Sec. 6-4. Responsibilities; authority.                           animal control officers.
             (a) It is determined by the city that ownership        (a) No person shall interfere with, oppose,
          of an animal is a privilege which carries with it      hinder, or molest any agent of the animal control
          responsibilities to the city and all persons therein   authority in the performance of any duty as
                                                                 provided in this chapter.
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                              MUSKEGON CITY CODE
   (b) If seizure and impoundment of a dangerous         Ord. No. 2064, § 3.5, 12-112001; Ord. No. 2268,
animal is not possible without risk of serious           12-8-2009)
physical harm or death to any person, the animal
may be killed by a police officer or animal control      Sec. 6-9. General prohibitions.
officer at the time of seizure or impoundment.
(Code 2002, § 6-6; Ord. No. 2064, § 3.7, 12-                The following actions or failures to act shall
112001)                                                  constitute a violation of this chapter, in addition to
                                                         other prohibitions or violations found in this
Sec. 6-7. Impoundment.                                   chapter.
   (a) Impoundment         shall     occur,    where        (1)   Training an animal to engage in vicious
authorized by this chapter, at the county animal                  behavior.
shelter or at an animal control shelter or other                                                                   §6-12
designated contracted facility registered under
Public Act No. 287 of 1969 (MCL 287.331 et seq.)
to provide services to include impounding of
animals delivered to the shelter by authority of the        (2)   Training any animal for fighting or contests
city or the county. A contract with an animal control             with other animals; carrying on, promoting
shelter may include shelters in addition to the                   or being present at such a fighting event
county animal shelter for services, impoundment,                  between animals.
confinement or other functions which the county             (3)   Cruelty to any animal or poisoning an
elects not to perform or is unable to perform. The                animal.
services and functions of the animal control shelter
are governed by state law and county ordinance, if          (4)   Molesting small wild animals, birds or
any.                                                              birds' nests.
                                                            (5)   Allowing an animal to constitute a nuisance
   (b) Any animal control shelter in which an                     to surrounding properties or other persons
animal is impounded shall carry on release,                       in the vicinity.
treatment, adoption or disposal of animals in
accordance with the requirements of state law. No           (6)   Harboring or keeping any dog which
dog or cat shall be released for adoption to any                  commits frequent or habitual barking,
person without being neutered. If the animal is too               yelping or howling.
young to neuter at the time of adoption, the fee shall      (7)   Having a dog on any beach in the city, even
be paid for services, which shall be performed at a               if controlled, except for a blind person
later date.                                                       controlling a guide dog at any time, and
(Code 2002, § 6-7; Ord. No. 2064, § 3.6, 12-                      except during the months of October
112001)                                                           through March, or except as allowed by
                                                                  park rules promulgated from time to time
Sec. 6-8. Licensing; rabies vaccination.                          by the city.
                                                            (8) Engaging in the feeding of wild animals,
   (a) No person shall own, keep, or harbor any                 stray cats, or stray dogs.
dog over four months of age within the city unless       (Code 2002, § 6-9; Ord. No. 2064, § 3.14, 12-11-
such dog is vaccinated and licensed, as required by
                                                         2001; Ord. No. 2268, 12-8-2009)
state law, county ordinance or both. The provisions         State law references—Cruelty to animals, MCL 750.50;
of this section do not apply to animals owned by a       poisoning, MCL 750.437.
licensed research facility or held in a veterinary
medical facility or government operated or licensed      Sec. 6-10. Reserved.
animal shelter.
                                                         See. 6-11. Abandonment.
  (b) All dogs shall be vaccinated against rabies,
and certified as so vaccinated, as required by state        Abandonment of animals is prohibited within the
law, county ordinance or both. (Code 2002, § 6-8;        city.


                                      CD6:4

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                                                             ANIMALS
          (Code 2002, § 6-11; Ord. No. 2064, § 3.8.3, 12-         Sec. 6-14. Confinement of animals; number of dogs
          112001)                                                             and cats which may be kept.

          Sec. 6-12. Animals running loose.                          (a) In other than a permitted veterinary clinic,
                                                                  kennel, or commercial use, no person shall maintain
            All animals, whether dangerous or not, shall be       more than three adult dogs and four adult cats in the
          subject to the following:                               city. Animals born on the premises to a legally
             (1) No person shall allow an animal to run           confined pet may remain thereon until four months
                 loose or be unconfined in the city.              of age, after which they shall be considered adult
                                                                  dogs or cats.
             (2) If an animal is upon the premises of the
                 owner, the animal shall be effectively             (b) All dogs kept in the city must be licensed in
                 confined as provided in this chapter.            accordance with state law and county ordinances.
             (3) No dog shall be allowed to run on any               (c) All animals shall be confined in a pen or
                 beach, except a dog completely controlled        inside the dwelling, under conditions which are
          §6-12                                                   sanitary, safe and secure. Any pen utilized for the
                                                                  outdoor confinement of a dog shall be of sturdy and
                                                                  secure construction designed to prevent the escape
                  by a person during the months of October        of the animal.
                  through March, or as permitted by park
                                                                     (d) No female animal in heat shall be confined
                  rules promulgated by the city from time to
                                                                  in a place where other animals may have access or
                  time.
                                                                  a nuisance may be created.
            (4) No unrestrained, unleashed or uncontrolled
                 dog shall be allowed in any park.                  (e) Any dog which habitually barks shall be
          (Code 2002, § 6-12; Ord. No. 2064, § 3.13, 12-          kept inside the dwelling.
          112001; Ord. No. 2268, 12-8-2009)                       (Code 2002, § 6-14; Ord. No. 2064, § 3.10, 12-
                                                                  112001; Ord. No. 2268, 12-8-2009)
          Sec. 6-13. Removal of animal excrement.
                                                                  Sec. 6-15. Dangerous dogs; confinement and
             (a) It shall be unlawful for any person to appear              handling; number.
          with any animal on public property or the private
          property of another, unless that person has in his        (a) All dangerous dogs shall be especially
          possession an appropriate device for removal of         confined and treated as follows:
          animal excrement.                                            (1) Leash and muzzle. No person shall permit a
                                                                           dangerous dog to go outside its kennel or
             (b) It shall be unlawful for any person to allow
                                                                           pen unless it is securely leashed with a leash
          any animal to leave its excrement on any public
                                                                           no longer than four feet in length. No such
          property, or upon the private property of another,
                                                                           dog shall be kept on a chain, rope or other
          unless the excrement is promptly and thoroughly
                                                                           type of leash outside its kennel or pen
          removed from the property by the use of a removal
                                                                           unless a person is in physical control of the
          device; provided, a person may fail to remove the
                                                                           leash. Such dogs may not be leashed or tied
          excrement if entry on the private property of another
                                                                           to inanimate objects. Any such dog on a
          for such purpose is prevented by the person owning
                                                                           leash outside its kennel or pen must be
          or controlling the property.
                                                                           muzzled by a muzzling device sufficient to
             (c) This section shall not apply to a person with             prevent the dog from biting persons or other
          a leader, guide or service animal where the person               animals.
          is unable to comply due to their disability.
                                                                       (2) Confinement. All dangerous dogs shall be
          (Code 2002, § 6-13; Ord. No. 2064, § 3.15, 12-
                                                                           securely confined indoors or in a securely
          112001)
                                                                           enclosed and locked pen or kennel, except
                                                                           when leashed, muzzled and controlled as
                                                                           provided in subsection (a)(1) of this section.
                                                              CD6:5

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                                 MUSKEGON CITY CODE
        Such pen, kennel or structure must have                dangerous animals shall be confined so that there is
        secured sides and a secured top attached to            no access to any other animal or humans by the
        the sides. All structures used to confine              animals.
        dangerous dogs must be locked with a key
        or combination lock when such animals are
                                                               Supp. No. 3
        within the structure. The structure must
        have a secure bottom or floor attached to the
                                                                                                                     §6-17
        sides of the pen or the sides of the pen must
        be embedded in the ground no less than two
        feet from the grade. All such structures
        must be adequately lighted and ventilated                 (b) No lions, tigers, leopards, panthers, bears,
        and kept in a clean and sanitary condition.            wolves or wolf hybrids, apes, gorillas, monkeys in
                                                               excess of 20 pounds, elephants, alligators,
  (3) Confinement indoors. No dangerous dogs                   crocodiles, or poisonous or constrictor snakes shall
      may be kept on a porch, patio, or any part               be kept in the city, except in a licensed zoo. (Code
      of a house or structure that would allow the             2002, § 6-16; Ord. No. 2064, § 3.12, 12-11-2001)
      dog to exit such a building. No such animal                 State law reference—Dangerous animals, MCL 287.321 et seq.
      may be kept in a vacant house or structure.
                                                               Sec. 6-17. Livestock and poultry.
  (4) Signs. All owners or handlers of dangerous
      dogs within the city shall display in a                     (a) Except as provided in subsection (e), no
      prominent place on the premises and on the               livestock shall be kept in the city.
      pen or kennel a sign stating the words                     (b) No live poultry shall be kept in the city
      "Beware of Dog." The letters shall be at                 except that one pet may be kept in a pen or
      least three inches in height.                            confinement which is at least 25 feet from any
                                                               dwelling.
  (5) Insurance. All owners or handlers of
      dangerous dogs must obtain public liability                 (c) No more than two rabbits shall be kept on
      insurance in a single incident amount of at              any premises in the city. The two rabbits which may
      least $50,000.00 for bodily injury, death or             be kept at premises shall be in a pen located at least
      property damage resulting from the                       25 feet from any dwelling and constructed and
      ownership, keeping or maintenance of such                maintained in accordance with standards published
      animal. (6) Number. No more than one dog                 in the industry or by a 4-H organization.
      of the description determined by this
                                                                  (d) No wild animal shall be kept permanently
      chapter to be dangerous shall be kept on any
                                                               or temporarily in the city unless affiliated with a
      premises in the city.
                                                               transient circus or carnival having all required
   (b) Violations of the requirements of the                   permits to operate in the city, or a licensed zoo.
provisions in subsection (a) of this section                      (e)   Education exception.
concerning dangerous dogs shall carry special
penalties set forth in this chapter. (Code 2002, § 6-             (1) Upon submission of a site plan and
15; Ord. No. 2064, § 3.11, 12-11-2001; Ord. No.                       approval by the planning commission, an
2268, 12-8-2009)                                                      educational institution may keep a limited
  State law reference—Dangerous animals, MCL 287.321 et seq.          number of livestock, poultry, fowl, rabbits
                                                                      and other animals for educational purposes.
Sec.         6-16.      Other dangerous                           (2) An "educational institutional" for purposes
                animals; confinement.                                 of this section is defined as an accredited
                                                                      educational institution, such as a school
  (a) All other dangerous animals besides dogs                        within the Muskegon area intermediate
shall be kept and confined in completely secure                       school district, an elementary, intermediate,
cages or containers which allow no access by any                      and/or     secondary     school,     college,
persons except by unlocking such cages or                             university or other such institutions of
containers for the feeding of the animal. Such                        higher learning, public and private, offering
                                          CD6:6

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                                                                          ANIMALS
                   courses in general, technical or religious                            10,890 square feet may have no more than
                   education, not operated for profit and in full                        two hives. Lots between 10,890 square feet
                   compliance with the city's zoning                                     and 21,780 square feet may have no more
                   ordinance.                                                            than four hives. Lots between 21,781
          §6-17
                                                                                         square feet and 43,560

                                                                               Supp. No. 3
             (3) Measures must be taken to ensure that the
                 livestock and other animals are not a                                    square feet may have no more than five
                 nuisance to neighboring properties for any                         hives. Lots larger than 43,560 square feet may
                 reason, including the noise, smell, disease                        have no more than eight hives. (4) Barriers. A
                 or danger that they may cause.                                     flyway barrier at least six feet in height shall
             (4) All livestock and other animals must be                            shield any part of a property line that is within 25
                 located at least 25 feet from any dwelling.                        feet of a hive. The flyway barrier shall consist of
                                                                                    a wall, fence, dense vegetation or a combination
             (5) All state and federal laws and regulations                         thereof
                 pertaining to the housing and care of
                 animals shall be followed. In addition, the                        (5) Water. A constant supply of water shall be
                 program using the animals as part of its                               provided for all hives to avoid the
                 educational curriculum must comply with                                congregation of bees at other nearby water
                 the career tech program guidelines and                                 sources.
                 regulations.                                                    (6) Permit. A development permit is required
          (Code 2002, § 6-17; Ord. No. 2064, § 3.4, 12-                               in order to keep bees.
          112001; Ord. No. 2268, 12-8-2009; Ord. No. 2327,                     (Ord. No. 2364, 5-9-2017)
          8-26-2014)
             State law reference—Livestock at large, MCL 433.51 et seq.


          Sec. 6-18. Beekeeping.
            (a) Beekeeping is permitted under the following
          conditions:
             (1)    Location. Hives are permitted on all
                    properties that have a principal structure
                    and also in approved community gardens
                    and urban farms. Hives must be located in
                    backyards or on rooftops. Community
                    gardens and urban farms that do not have a
                    principal structure to establish a back yard
                    must have the hives setback at least 50 feet
                    from the front property line. Hives must be
                    setback from side and rear property lines as
                    follows:
                   i.     One to four hives: Ten feet from
                          property lines;
                   ii.    Five to eight hives: 25 feet from
                          property lines.
             (2)    Size of hives. A hive may not exceed 20
                    cubic feet.
             (3)    Number of hives allowed. Lots less than

                                                                           CD6:7

Packet Page 85
     Chapters 7—9

     RESERVED




Packet Page 86
     This ordinance adopted:
     Ayes:


     Nayes:


     Adoption Date:
     Effective Date:
     First Reading:
     Second Reading:


                                     CITY OF MUSKEGON


                               By: __________________________
                                  Ann Meisch, MMC - City Clerk




Packet Page 87
                      CERTIFICATE (Update to the Animal Ordinance definitions and terms)


     The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan,
     does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City
     Commission of the City of Muskegon, at a regular meeting of the City Commission on the 14th day of
     March 2023, at which meeting a quorum was present and remained throughout, and that the original of said
     ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted
     and public notice was given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
     of 1976, and that minutes were kept and will be or have been made available as required thereby.


     DATED: March 14, 2023                                              ________________________________
                                                                              Ann Meisch, MMC
                                                                              Clerk, City of Muskegon




     Publish Notice of Adoption to be published once within ten (10) days of final adoption.




Packet Page 88
     CITY OF MUSKEGON
     NOTICE OF ADOPTION


     Please take notice that on March 14, 2023 the City Commission of the City of Muskegon adopted an
     ordinance to update the terms and definitions on the Animal Ordinance, summarized as follows:


         1. The updates to the Animal Ordinance remove all specific references to any one type of dog breed.
         2. The definitions of Dangerous Animal and Vicious Animal were also updated.


     Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in
     the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
     This ordinance amendment is effective ten days from the date of this publication.


     Published                              CITY OF MUSKEGON
                                  By: Ann Meisch, MMC, City Clerk


     ---------------------------------------------------------------------------------------------------------------------


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




Packet Page 89
                           Agenda Item Review Form
                            Muskegon City Commission

    Commission Meeting Date: 3/14/23                          Title: 1095 Third Street Termination of
                                                              Purchase Agreement

    Submitted By: Jake Eckholm                                Department: Economic Development

    Brief Summary:
    The due-diligence and closing deadline for the purchase agreement between the City and
    Suburban Properties for the redevelopment of the former Catholic Charities site has expired, and
    staff recommends formally terminating the approved purchase agreement.

    Detailed Summary & Background:
    We have been in regular contact with Mr. Shaun Burket of Suburban Properties since the August
    2022 approval of the purchase agreement by the City Commission. Unfortunately, the lending
    environment along with construction costs and delays with other active projects by Suburban
    Properties has caused us to reach a point of mutual separation. We are still working collaboratively
    with Suburban on a potential infill housing project, so we anticipate future partnerships are likely.
    We will consider proposals from other developers who have been waiting for a turn at this property
    most of the time it has been under option by Mr. Burket in another agenda item.



    Goal/Focus Area/Action Item Addressed:
    Goal 1 (Image) Housing Focus Area, Goal 2 (Quality of Life) Housing Focus Area, Action Item 21-8
    Expand Housing Options, and Goal 3 (Revitalize Revenues) Housing Focus Area, Action Item 21-
    13 Increase Property Values in Urban Core and Eastside Neighborhoods

    Amount Requested: N/A                                Amount Budgeted: N/A

    Fund(s) or Account(s): N/A                           Fund(s) or Account(s): N/A

    Recommended Motion:
    Motion to approve the Termination of Purchase Agreement as presented and authorize the Mayor
    and Clerk to sign.

    Approvals:                                                            Guest(s) Invited / Presenting:
    Immediate Division Head          Information Technology               Yes
    Other Division Heads             Communication                        No


    Legal Review
Packet Page 90
    For City Clerk Use Only:
    Commission Action:




Packet Page 91
Packet Page 92
                         Agenda Item Review Form
                          Muskegon City Commission

    Commission Meeting Date: March 14, 2023           Title: On-Premise Tasting Room Permit for
                                                      Rake Beer Project, LLC

    Submitted By: Ann Meisch                          Department: City Clerk

    Brief Summary: To adopt a resolution approving a new On-Premise Tasting Room Permit for Rake
    Beer Project, LLC at 500 W. Western Avenue, Suite 200, Muskegon, MI 49440




    Detailed Summary:




    Amount Requested:                                Amount Budgeted:

    Fund(s) or Account(s):                           Fund(s) or Account(s):

    Recommended Motion: To adopt the resolution for a new On-Premises Tasting Room Permit for
    Rake Beer Project, LLC at 500 W. Western Avenue, Suite 200, Muskegon, MI 49440.



    For City Clerk Use Only:


    Commission Action:




Packet Page 93
Packet Page 94
                           Agenda Item Review Form
                            Muskegon City Commission

    Commission Meeting Date: March 14, 2023            Title: USACE Right of Entry for Sewer Repair

    Submitted By: Dan VanderHeide                      Department: DPW

    Brief Summary:
    The U.S. Army Corps of Engineers (USACE) has requested the City authorize their work on our
    property to repair a storm sewer serving the U.S. Army Reserve base in the City.

    Detailed Summary & Background:
    The U.S. Army Corps of Engineers (USACE), on behalf of the U.S. Army Reserve base located at
    1430 Parslow Drive, plans to repair a storm sewer outlet that has severely eroded the bank of
    Ruddiman Creek. The storm sewer passes through the City’s property on it’s way to the creek.
    The storm sewer sits in an easement; however, the scope of the repair is larger than the
    easement. The USACE has requested the City sign a Right of Entry (ROE) document authorizing
    them to work on the City’s property to make the repair.

    Goal/Focus Area/Action Item Addressed:
    Goal 3 Focus Area: Foster strong ties among government & community agencies.

    Amount Requested: N/A                              Amount Budgeted: N/A

    Fund(s) or Account(s): N/A                         Fund(s) or Account(s): N/A

    Recommended Motion:
    Grant Right of Entry to the U.S. Army Corps of Engineers and authorize the Mayor and Clerk to
    sign the Right of Entry documents and certification.

    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:




Packet Page 95
                                        DEPARTMENT OF THE ARMY
                                      U. S. ARMY ENGINEER DISTRICT, LOUISVILLE
                                                CORPS OF ENGINEERS
                                                     P. O. BOX 59
                                               LOUISVILLE KY 40201-0059




                                                February 28, 2023

     Real Estate Division



     Dan VanderHeide
     Public Works Director, City of Muskegon
     1350 E. Keating Ave.
     Muskegon, MI 49442


     Re: Right-of-Entry DACA27-9-23-269, 2LT Walter Haupt Army Reserve Center, 1430 Parslow Dr.,
     Muskegon, MI 49441-2799

     Dear Mr. VanderHeide:

              The United States Army Corps of Engineers (USACE) needs your cooperation in assisting the 88th
     Readiness Division (RD) to complete a remediation project located near the Muskegon Army Reserve
     Center. The 88th RD is planning a project to repair the storm water manhole as well as the pipe from our
     property line to the spillway. The project will also repair the washed-out bank to include removing soil
     from Ruddiman Creek. The land on which this work is to be completed is owned by the City of
     Muskegon. A partnership between the USACE and yourself is needed for the successful outcome of the
     project and gaining access to your organization’s property is essential.

             Enclosed is a copy of Right-of-Entry No. DACA27-9-23-269. Also, enclosed is the Certificate of
     Authority which must be completed and signed by someone other than the person signing the ROE. Please
     return a signed copy of the Right-of-Entry and signed copy of the Certificate of Authority to
     [email protected].

             We look forward to working with you to conduct this work on your property. Your cooperation and
     quick response would be appreciated. If you have any questions in this matter, please contact Mr. Richard
     Madley (502) 315-6942.


                                                      Sincerely,

                                                     PRESTON.JACKI       Digitally signed by
                                                                         PRESTON.JACKIE.L.1230321171

                                                     E.L.1230321171      Date: 2023.02.28 13:58:48
                                                                         -05'00'
                                                      Jackie L. Preston
                                                      Chief, Military Branch
     Enclosures
     Right-of-Entry
     Certificate of Authority




Packet Page 96
                                                                         ROE No. DACA27-9-23-269


                                   DEPARTMENT OF THE ARMY

                             RIGHT-OF-ENTRY FOR CONSTRUCTION


     2LT Walter Haupt Army Reserve Center                   FACID: MO023, Site Code: 26895
     Project, Installation or Activity                      Tract No. or Other Property Identification


     The undersigned, hereinafter called the "Owner", hereby grants to the United States of America,
     hereinafter called the "Government", a permit or right-of-entry upon the following terms and
     conditions:

     1. The Owner hereby grants to the Government subject to coordination with Owner, an
     irrevocable right to enter upon the lands hereinafter described at any time within a period of
     Fifteen (15) months from the date of this instrument, for use by the Government, its
     representatives, agents, contractors, and assigns, in order to repair the storm water manhole and
     pipe from our property line to the spillway at the bottom of the ravine and repair the washed-out
     bank caused by the broken storm pipe to include removing soil from Ruddiman Creek.

     2. All tools, equipment, improvements, and other property taken upon or placed upon the land by
     the Government shall remain the property of the Government and may be removed by the
     Government at any time within a reasonable period after the expiration of this permit or right-of-
     entry.

     3. The Government subject to coordination with Owner, shall have the right to patrol and police
     the lands hereinafter described during the period of this permit or right-of-entry.

     4. If any action of the Government's employees or agents in the exercise of this right-of-entry
     results in damage to the real property, the Government will, in its sole discretion, either repair
     such damage or make an appropriate settlement with the Owner. In no event shall such repair or
     settlement exceed the fair market value of the fee title to the real property at the time
     immediately preceding such damage. The Government's liability under this clause is subject to
     the availability of appropriations for such payment, and nothing contained in this agreement may
     be considered as implying that Congress will at a later date appropriate funds sufficient to meet
     any deficiencies. The provisions of this clause are without prejudice to any rights the Owner may
     have to make a claim under applicable laws for any damages other than those provided for herein.

           The land affected by this right-of-entry is located in the County of Muskegon, State of
     Michigan, and is described in Exhibit A (Map).




Packet Page 97
                                                           ROE No. DACA27-9-23-269


     WITNESS MY HAND AND SEAL this _____ day of ________________, 2023.


                                               CITY OF MUSKEGON



                                               Signature

                                               ______________________________
                                               Print Name



                                               UNITED STATES OF AMERICA


                                               ______________________________
                                               Jackie Preston
                                               Chief, Military Branch




Packet Page 98
Packet Page 99
                                                                       DACA27-9-23-269
                                              (2LT WALTER HAUPT ARMY RESERVE CENTER)



                                    CERTIFICATE OF AUTHORITY


        I, __________________________________ certify that I am the ____________________
           (Name of clerk or appropriate official)                          (Title)

        of the ______________________________ and that________________________________,
                   (name of govt entity)                (Name of Officer Signing Agreement)

        who signed the foregoing instrument on behalf of the grantee, was then the

        _______________________of ____________________________________________
            (Office Held)               (name of govt entity)

        I further certify that the said officer was acting within the scope of powers delegated

        to this officer by the governing body of the grantee in executing said instrument.


                                 ________________________________
                                (Signature of clerk or appropriate official)

                                 ________________________________
                                               (Date)




Packet Page 100
                         Agenda Item Review Form
                          Muskegon City Commission
      Commission Meeting Date: March 14, 2023         Title: McGraft Community Building Roof Replacement
      Submitted By: Kyle Karczewski                   Department: Parks
      Brief Summary:
      Staff proposes to replace the roof at the McGraft Community Building due to leaks.
      Detailed Summary & Background:
      The current roof is beyond life expectancy and some minor leaking is occurring. Interior
      renovations done in 2021 and 2022 may be compromised if corrective action is not taken. Three
      bids have been obtained. Two were in excess of $60,000 but the third from Schmidt Roofing for
      $29,284.00 is recommended for acceptance.
      Funding will be provided through the McGraft Endowment fund, which performed very well in the
      market last year and contributed approximately $120,000 to fund improvements to the park this
      year and next.
      Goal/Focus Area/Action Item Addressed:
      Goal 1 Key Focus Area: Enhanced Parks and Recreation Department and Services
      Amount Requested: $29,284.00                          Amount Budgeted: $100,000 (All Building Repair)
      Fund(s) or Account(s): McGraft Endowment              Fund(s) or Account(s): 101-757-986
      Recommended Motion:
      Authorize staff to enter into a contract with Schmidt Roofing for $29,284 to replace the roof at the
      McGraft Park Community Building.
      Approvals:                                                             Guest(s) Invited / Presenting
      Immediate Division Head     ☒      Information Technology ☐            Yes ☐
      Other Division Heads        ☐       Communication            ☐         No    ☒
      Legal Review                 ☐
      For City Clerk Use Only:
      Commission Action:




Packet Page 101
                                                                    Rick A. Hines
                                                                      President                                                  Estimate
                                                                  Residential                                          Rep               Date            Estimate #
                                                               Builders License #                                      RJR              1/26/2023           12565
                                                                 2102 180586
                                                                                                               Color -

                                  Name / Address                                                                      Job Address
                               McGraft Park                                                                        McGraft Park
                               Tim Harvey                                                                          Tim Harvey
   "The Old Roofers"           2204 Wickham Dr                                                                     2204 Wickham Dr
                               Muskegon, MI 49441                                                                  Muskegon, MI 49441



          Since
           1953
                                     P.O. Number                       Credit cards are charged 2%-3% each use.                                     Phone Number

                                                                              1/2 down, balance on completion                                       616-566-3577

                                                                                Description                                                             Total
  Roofing - Siding - Windows
                               This bid is for the main lodge. Tear off all layers of roofing down to wood deck                                                  29,284.00
       Doors - Shutters
                               and haul away debris. Install ice shield 6ft up on all eaves of roof, followed by
     Ice & Snow Removal        a synthetic felt then followed by IKO laminated shingles. All edges of roof to
                               receive new drip edge. All peaks of roof to receive shingles over ridge vent. All
         Remodeling            walls to receive aluminum step flashing. All valleys to receive ice shield, 90lb
    Chimney and Masonry
                               rolled roofing and weaved shingles. All pipes to receive new flashing boots.
          Repair               Reflash chimney at base. Install a granulized torch down on lower sloped area's.
                               Reflash all walls.

                               Lifetime Manufacturer’s Warranty on Shingles
SCHMIDT ROOFING &              15 Year Iron Clad
CONSTRUCTION, INC.              3 Year Workmanship


  552 W Southern Ave
  Muskegon, MI 49441


       Muskegon
     (231) 726-2020
   Fax: (231) 726-5695


       Grand Haven
      (616) 847-0577
                               All material guaranteed to be as specified. All work to be completed in a workmanlike
                               manner according to standard practices. Any board repair shall be an extra charge. All
                               agreements contingent upon strikes, accidents or delays beyond our control. Our workers          Total                           $29,284.00
          Hart                 are fully covered by Workmen's Compensation Insurance. Contractor shall be liable for
     (231) 873-0904            neither incidental nor consequential damages other than reasonable repair of installed work.

                                                                                                                               Authorized Signature:
                               Unpaid contract shall constitute a lien against this property until paid. Homeowner shall be
                               liable for actual and reasonable attorney fees incurred by contractor. Any claims for defects
                               not corrected within a reasonable time after notice shall be subject to arbitration in
          Email:               accordance with the rules of the Better Business Bureau, any award rendered thereon shall
                               be fixed and binding in the parties hereto, and judgment may be entered thereon by a court      Ricky A Hines
[email protected]    having jurisdiction thereof. NOTE: This estimate becomes a legal contract upon signing
                               and dating.

                               Date Signed                                                                   Signature
      Web Site:
www.schmidt-roofing.com




Packet Page 102
                           Agenda Item Review Form
                            Muskegon City Commission

    Commission Meeting Date: March 14, 2023             Title: Consumers Easement @ Water Filter Plant

    Submitted By: Dan VanderHeide                       Department: DPW

    Brief Summary:
    Consumers Energy has requested an easement for a utility pole support (guy wire) on the water
    filter plant property to allow for new electric service for 3421 Lakeshore Drive (a private residence).

    Detailed Summary & Background:
    Consumers Energy has requested an easement for a utility pole support (guy wire) on the water
    filter plant property (1900 Beach Street) to allow for new electric service for 3421 Lakeshore Drive
    (a private residence).
    Joe Buthker, Water Filter Plant Superintendent, has review the easement and is confident that the
    easement and pole support will not impact the water filter plant operations nor stand in the way of
    any future planned improvements.

    Goal/Focus Area/Action Item Addressed:
    Goal 3 Focus Area: Foster strong ties among government & community agencies.

    Amount Requested: N/A                                  Amount Budgeted: N/A

    Fund(s) or Account(s): N/A                             Fund(s) or Account(s): N/A

    Recommended Motion:
    Grant an easement to Consumers Energy on the City’s property at 1900 Beach Street and
    authorize the Mayor to sign the easement documents.

    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:




Packet Page 103
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Packet Page 109
                           Agenda Item Review Form
                            Muskegon City Commission

    Commission Meeting Date: March 14, 2023            Title: Aggregates, Maintenance Materials & Concrete

    Submitted By: Dan VanderHeide                      Department: DPW

    Brief Summary:
    Award supply of aggregates, highway maintenance materials and ready-mixed concrete for 2023
    to selected bidders.

    Detailed Summary & Background:
    Bids were solicited for aggregates, highway maintenance materials and ready-mixed concrete for
    purchase in 2022. Purchases will be made from the recommended bidders highlighted in yellow on
    the attached bid tabs. Purchases are contingent upon product availability, timely deliveries, and
    prices as quoted.

    Goal/Focus Area/Action Item Addressed:
    Goal 4 Key Focus Area: Sustainability in infrastructure and financial practices.

    Amount Requested: Variable                            Amount Budgeted: Variable

    Fund(s) or Account(s): 101, 202, 203, 590, 591        Fund(s) or Account(s): 101, 202, 203, 590, 591

    Recommended Motion:
    Award bids for aggregates, highway maintenance materials and ready-mixed concrete purchases
    for 2023 as presented.

    Approvals:                                                            Guest(s) Invited / Presenting
    Immediate Division Head          Information Technology               Yes
    Other Division Heads             Communication                        No

    For City Clerk Use Only:
    Commission Action:




Packet Page 110
                                                                                 Highway Maintenance Materials
                                                                                       BID TABULATION
                                                                                       February 28, 2023

                                          Contractor            Great Lakes Chloride            Michigan Paving                 P&T Products               Sherwin Industries         Unique Paving Materials
                                            Address                 PO Box 634                  1950 Williams St              472 Industrial Pkwy         2129 West Morgan Ave            3993 E 93rd St
                                             City/St              Grand Haven, MI                  Alma, MI                     Sandusky, OH                 Milwaukee, WI                Cleveland, OH
                                             Phone                 574-527-0287                  989-600-4253                    419-621-1966                 414-281-6400                 231-883-3030
                                                     Deliver                 TOTAL                         TOTAL                          TOTAL                        TOTAL                        TOTAL
             DESCRIPTION              QTY      UNIT or Pickup UNIT PRICE     PRICE          UNIT PRICE     PRICE           UNIT PRICE     PRICE         UNIT PRICE     PRICE         UNIT PRICE     PRICE

        38% Liquid Calcium Chloride
    1                                 40,000   GAL     DEL        $0.649    $25,960.00                             $0.00                        $0.00                        $0.00                         $0.00

        32% Liquid Calcium Chloride
    2                                 15,000   GAL     DEL        $0.618     $9,270.00                             $0.00                        $0.00                        $0.00                         $0.00

        Hot Mix Asphalt, 3C Base
    3                                  200     TON     PU                           $0.00                          $0.00                        $0.00                        $0.00                         $0.00

        Hot Mix Asphalt, 4C Top
    4                                 1000     TON     PU                           $0.00                          $0.00                        $0.00                        $0.00                         $0.00

                                                       DEL                          $0.00                          $0.00                        $0.00                        $0.00      $146.70    $29,340.00
    5 Sylvax Patching Materials        200     TON

                                                       PU                           $0.00                          $0.00                        $0.00                        $0.00      $122.00    $24,400.00

        AE90 Asphalt Emulsion
    6                                 20,000   GAL     DEL                          $0.00        $3.93    $78,600.00                            $0.00                        $0.00                         $0.00

                                                       DEL                          $0.00                          $0.00       $0.527    $26,350.00           $0.65   $32,250.00                           $0.00
    7 Crack Sealant                   50,000   LBS

                                                       PU                           $0.00                          $0.00       $0.494    $24,700.00           $0.60   $30,125.00                           $0.00

                                          Contractor              Michigan Paving               Ashphalt Paving
                                           Address                 3566 Millcreek                  45 S Getty
                                             City/St             Comstock Park, MI               Muskegon, MI
                                             Phone                 517-740-4960                  231-531-8054
                                                     Deliver                 TOTAL                         TOTAL                          TOTAL                        TOTAL                        TOTAL
             DESCRIPTION              QTY      UNIT or Pickup UNIT PRICE     PRICE          UNIT PRICE     PRICE           UNIT PRICE     PRICE         UNIT PRICE     PRICE         UNIT PRICE     PRICE

        38% Liquid Calcium Chloride
    1                                 40,000   GAL     DEL                          $0.00                          $0.00                        $0.00                        $0.00                         $0.00

        32% Liquid Calcium Chloride
    2                                 15,000   GAL     DEL                          $0.00                          $0.00                        $0.00                        $0.00                         $0.00

        Hot Mix Asphalt, 3C Base
    3                                  200     TON     PU         $81.00    $16,200.00          $79.50    $15,900.00                            $0.00                        $0.00                         $0.00

        Hot Mix Asphalt, 4C Top
    4                                 1000     TON     PU         $81.00    $81,000.00          $79.50    $79,500.00                            $0.00                        $0.00                         $0.00

                                                       DEL                          $0.00                          $0.00                        $0.00                        $0.00                         $0.00
    5 Sylvax Patching Materials        200     TON

                                                       PU                           $0.00                          $0.00                        $0.00                        $0.00                         $0.00

        AE90 Asphalt Emulsion
    6                                 20,000   GAL     DEL                          $0.00                          $0.00                        $0.00                        $0.00                         $0.00

                                                       DEL                          $0.00                          $0.00                        $0.00                        $0.00                         $0.00
    7 Crack Sealant                   50,000   LBS

                                                       PU                           $0.00                          $0.00                        $0.00                        $0.00                         $0.00
Packet Page 111
                                                                 Aggregates
                                                              BID TABULATION
                                                              February 28, 2023

                                           Contractor                Verplank Trucking             McCormick Sand               Accurate Excavators
                                             Address                     PO Box 8                   5430 Russell Rd               2821 Central Rd
                                              City/St                 Ferrysburg, MI                 Twin Lake, MI                 Muskegon, MI
                                              Phone                    616-935-9025               231-766-0466 x 109               231-766-0557
                                                     Deliver      UNIT                            UNIT                         UNIT
           DESCRIPTION            QUANTITY     UNIT or Pickup    PRICE      TOTAL PRICE          PRICE     TOTAL PRICE        PRICE     TOTAL PRICE

                                                        DEL        $26.25          $6,562.50                          $0.00                         $0.00
1 32FA/H1 (Coarse stone-sand)       250        TON

                                                        PU         $25.00          $6,250.00                          $0.00                         $0.00

2 Road Slag, 22A                   5,000       TON
                                                        DEL        $17.85         $89,250.00                          $0.00                         $0.00

                                                        DEL        $15.00          $3,750.00                          $0.00                         $0.00
3 Natural Road Gravel, 22A, 23A     250        TON

                                                        PU                               $0.00                        $0.00                         $0.00

                                                        DEL        $13.00          $3,250.00                          $0.00                         $0.00
4 2NS Sand/Torpedo Sand             250        TON

                                                        PU                               $0.00                        $0.00                         $0.00

                                                        DEL        $12.00          $6,000.00      $16.05       $8,025.00       $11.50         $5,750.00
5 Screened Top Soil                 500        CYD

                                                        PU                               $0.00    $12.60       $6,300.00       $10.00         $5,000.00

                                                        DEL         $8.50         $17,000.00       $7.05      $14,100.00        $8.20       $16,400.00
6 Fill Sand (Class II or IIIA)     2,000       CYD

                                                        PU                               $0.00     $3.25       $6,500.00        $3.25         $6,500.00
                                           Contractor                Ryerson Brothers              Stone of Michigan           Top Grade Aggregates
                                             Address                2979 Industrial Pkwy           3700 Patterson Rd               3407 58th St
                                              City/St                  Muskegon, MI                  Middleville, MI               Hamilton, MI
                                              Phone                    231-888-4020                  269-509-2637                  269-751-8898

                                                     Deliver      UNIT                            UNIT                         UNIT
           DESCRIPTION            QUANTITY     UNIT or Pickup    PRICE      TOTAL PRICE          PRICE     TOTAL PRICE        PRICE     TOTAL PRICE

                                                        DEL        $38.00          $9,500.00                          $0.00                         $0.00
1 32FA/H1 (Coarse stone-sand)       250        TON

                                                        PU                               $0.00                        $0.00                         $0.00

2 Road Slag, 22A                   5,000       TON
                                                        DEL        $28.00      $140,000.00                            $0.00                         $0.00

                                                        DEL        $25.00          $6,250.00      $19.15       $4,787.50       $22.25         $5,562.50
3 Natural Road Gravel, 22A, 23A     250        TON

                                                        PU                               $0.00     $8.75       $2,187.50       $12.00         $3,000.00

                                                        DEL        $30.00          $7,500.00      $15.40       $3,850.00       $18.30         $4,575.00
4 2NS Sand/Torpedo Sand             250        TON

                                                        PU                               $0.00     $6.40       $1,600.00        $5.50         $1,375.00

                                                        DEL        $22.00         $11,000.00                          $0.00    $25.10       $12,550.00
5 Screened Top Soil                 500        CYD

                                                        PU                               $0.00                        $0.00    $15.50         $7,750.00

                                                        DEL        $12.00         $24,000.00      $17.95      $35,900.00                            $0.00
6 Fill Sand (Class II or IIIA)     2,000       CYD

                                                        PU                               $0.00     $3.40       $6,800.00                            $0.00




 Packet Page 112
                                                                                    Concrete
                                                                                BID TABULATION
                                                                                February 28, 2023

          *Bid selection based on 7-sack mix which is the most commonly used product, inclusion of other charges for “multiple drop locations” and “small load charges”.
        It should also be noted that concrete purchases may include several miscellaneous charges, including, but not limited to, hot water, chloride, winter price, and extra
                                                                                   unload time.


                                                                                           Contractor         Port City Redi Mix                     High Grade
                                                                                            Address           1780 Sheridan Rd                     767 E Sharman
                                                                                              City/St           Muskegon, MI                        Muskegon, MI
                                                                                              Phone             231-277-2777                        231-733-8247

                                DESCRIPTION                                    UNIT                             UNIT PRICE                          UNIT PRICE

         1 5 Sack Mix                                                        CU.YD.                                            $134.00                               $131.00

         2 6 Sack Mix                                                        CU.YD.                                            $142.00                               $139.00

         3 7 Sack Mix*                                                       CU.YD.                                            $150.00                               $147.00

         4 9 Sack Mix                                                        CU.YD.                                            $166.00                               $163.00

         5 Minimum Load                                                      # CU YD
                                                                                                                                      2                                      1

                                                                             CU.YD.          4-5                               $100.00                                 $75.00

                                                                             CU.YD.          3-4                               $100.00                                 $90.00
         6 Small Load charge, add
                                                                             CU.YD.          2-3                               $150.00                               $110.00

                                                                             CU.YD.          1-2                                     na                              $130.00

         7 Separate location drop charge                                     per drop                                           $50.00                                 $50.00

         8 Extra Unloading Time                                             $ per min                       $95 per hour over 60 min               $100 charge after 60 min

           Winter Price from ___Dec______ to ____March___                       CY                                              $11.00                                 $12.00

           Winter Price from ____Nov______ and____April______                   CY                                               $6.00                                  $6.00

           Chloride - 1%                                                     CU.YD.                                              $3.00                                  $2.50

           Chloride - 2%                                                     CU.YD.                                              $6.00                                  $5.00

           Other charges                                                                                    Fuel Surcharge $20/load                                         na



Packet Page 113
                           Agenda Item Review Form
                            Muskegon City Commission
     Commission Meeting Date: March 14, 2023                 Title: Olthoff Drive Grant Agreement

    Submitted By: Dan VanderHeide                            Department: Public Works

    Brief Summary: Staff is requesting approval of a contract with MDOT for a grant for the
    construction of Olthoff Drive from its east end extended 1,400 feet into the former prison industrial
    park, and approval of a resolution authorizing the DPW Director and Clerk to sign the contract.

    Detailed Summary & Background:
    This is the standard contract that governs construction contracts that use federal funds and/or are
    administered through MDOT. The estimated cost of the project is $1,600,000, with $630,000 of that
    being Category A Transportation Economic Development Fund (TEDF) grant dollars. The reminder of
    $970,000 is accounted for in the City’s planned distribution of the remaining MEDC grant used to
    prepare the industrial park for development. $320,000 will be used to provide the match for this TEDF
    grant, and $650,000 will be used for the construction of the water and sewer lines. Of the project
    budget, $53,875 has been spent on design engineering services, and $62,600 is planned for
    construction engineering services. These were awarded to HRC by Commission on May 11, 2021.
    The project has been bid, but award to the contractor cannot be made until MDOT has approved
    the grant agreement and issued a notice to proceed. The construction contract will be brought to
    the Commission in late March or early April for award.

    Goal/Focus Area/Action Item Addressed:
    Key Focus Area: Sustainability in financial practices and infrastructure.

    Amount Requested: $950,000 Road                       Amount Budgeted: $630,000 MDOT TEDF
                         $650,000 Utilities                                     $970,000 MEDC
                       $1,600,000 Total                                     $1,600,000 Total

    Fund(s) or Account(s): Varies                         Fund(s) or Account(s): N/A (100% Grant)

    Recommended Motion: Approval of the Olthoff Drive MDOT Contract and a resolution authorizing
    the DPW Director and Clerk to sign the contract.

    Approvals:                                                             Guest(s) Invited / Presenting:
    Immediate Division Head          Information Technology                Yes
    Other Division Heads             Communication                         No

    For City Clerk Use Only:
    Commission Action:

Packet Page 114
                                  RESOLUTION __________

        RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE
        MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF
        MUSKEGON FOR HOT MIX ASPHALT ROAD CONSTRUCTION ALONG
        OLTHOFF DRIVE FROM THE CUL-DE-SAC AT THE EAST END, EASTERLY AND
        SOUTHERLY APPROXIMATELY 0.30 MILES, INCLUDING EARTHWORK,
        AGGREGATE BASE, CONCRETE CURB AND GUTTER, STORM SEWER AND
        PERMANENT PAVEMENT MARKINGS; AND ALL TOGETHER WITH
        NECESSARY RELATED WORK.

        Moved by Commissioner ________________ and supported by Commissioner
        ______________ the following Resolution be adopted:

        WHEREAS, entry by the City of Muskegon into Contract no. 23-5027 between the
        Michigan Department of Transportation and the City of Muskegon for the Extension
        of Olthoff Drive from the east cul-de-sac to the southeast approximately 0.30
        miles within the City is in the best interests of the City of Muskegon.

        RESOLVED, that entry by the City into Contract Agreement Number 23-5027 be and
        the same is hereby authorized and approved and the DPW Director and Clerk are
        authorized to execute said contract for and on behalf of the City of Muskegon.



        Adopted this 7TH day of November, 2022.

                                             BY

                                                  Dan VanderHeide, Director of Public Works

                                         ATTEST

                                                      Ann Meisch, City Clerk



                                       CERTIFICATION

        This resolution was adopted at a meeting of the City Commission, held on
        March 14, 2023. The meeting was properly held and noticed pursuant to the
        Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.
                                                       CITY OF MUSKEGON

                                                   By___________________________
                                                        Ann Meisch, City Clerk




Packet Page 115
     TED (A)                                                  COM
     NON FED                                    Control Section   EDA 61000
                                                Job Number        218123CON
                                                Contract No.      23-5027


             THIS CONTRACT is made by and between the MICHIGAN DEPARTMENT OF
     TRANSPORTATION, hereinafter referred to as the "DEPARTMENT;" and the CITY OF
     MUSKEGON, a Michigan municipal corporation, hereinafter referred to as the “REQUESTING
     PARTY;” for the purpose of fixing the rights and obligations of the parties in agreeing to the
     following improvements, in Muskegon, Michigan, hereinafter referred to as the "PROJECT" and
     estimated in detail on EXHIBIT "I," dated January 17, 2023, attached hereto and made a part
     hereof:

            Hot mix asphalt road construction along Olthoff Drive from the cul-de-sac at the east
            end, easterly and southerly approximately 0.30 miles, including earthwork, aggregate
            base, concrete curb and gutter, storm sewer and permanent pavement markings; and all
            together with necessary related work.


            WITNESSETH:

            WHEREAS, the State of Michigan is hereinafter referred to as the “State;” and

             WHEREAS, the PROJECT has been approved for financing in part with funds from the
     State appropriated to the Transportation Economic Development Fund, hereinafter referred to as
     "TED FUNDS," qualifies for funding pursuant to PA 231, Section 11(3)(a); Public Act of 1987,
     as amended, and is categorized as:


                                 CATEGORY “A” FUNDED PROJECT


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

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

             1.      The parties hereto shall undertake and complete the PROJECT in accordance with
     the terms of this contract.




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            2.      The term "PROJECT COST," as herein used, is hereby defined as the cost of the
     physical construction necessary for the completion of the PROJECT.

            The costs incurred by the REQUESTING PARTY for preliminary engineering,
     construction engineering and inspection, and right-of-way are excluded from the PROJECT
     COST as defined by this contract.

             The Michigan Department of Environment, Great Lakes, and Energy has informed the
     DEPARTMENT that it adopted new administrative rules (R 325.10101, et. seq.) which prohibit
     any governmental agency from connecting and/or reconnecting lead and/or galvanized service
     lines to existing and/or new water main. Questions regarding these administrative rules should
     be directed to the Michigan Department of Environment, Great Lakes, and Energy. The cost
     associated with replacement of any lead and/or galvanized service lines, including but not limited
     to contractor claims, will be the sole responsibility of the REQUESTING PARTY.

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

            The DEPARTMENT shall provide the REQUESTING PARTY with a notice to proceed
     with the award of the construction contract for the PROJECT.

            The DEPARTMENT shall make a final acceptance inspection of the PROJECT as
     necessary to ensure the PROJECT meets State requirements. Failure to comply with State
     requirements may result in forfeiture of future distributions of the Michigan Transportation Fund
     as described in Section 5. No charges will be made by the DEPARTMENT to the PROJECT for
     any inspection work or construction engineering.

            4.    The REQUESTING PARTY, under the terms of this contract, shall advertise and
     award the PROJECT work in accordance with the following:

                    A.     The REQUESTING PARTY will, at no cost to the DEPARTMENT or the
                           PROJECT, design, or cause to be designed, the PROJECT, and shall
                           accept full responsibility for that design. Any review undertaken by the
                           DEPARTMENT is for its own purposes and is not to nor does it relieve
                           the REQUESTING PARTY of liability for any claims, causes of action or
                           judgments arising out of the design of the PROJECT.

                    B.     The REQUESTING PARTY, hereby, certifies to the DEPARTMENT that
                           the plans, specifications, and estimates for the PROJECT have been
                           prepared in compliance with applicable State laws, standards, and
                           regulations.


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

                       (1)    The REQUESTING PARTY shall not award the construction
                              contract prior to receipt of a notice to proceed from the
                              DEPARTMENT.

                       (2)    Upon verification that contractor selection by the REQUESTING
                              PARTY was made in accordance with the terms of this contract
                              and upon receipt of the “Request for Payment” form from the
                              REQUESTING PARTY, the DEPARTMENT will authorize
                              payment to the REQUESTING PARTY for the eligible amount in
                              accordance with Section 5.

                  D.   The REQUESTING PARTY will, at no cost to the PROJECT or the
                       DEPARTMENT, comply with all applicable State statutes and regulations,
                       including, but not limited to, those specifically relating to construction
                       contract administration and obtain all permits and approvals with railway
                       companies, utilities, concerned State, Federal, and local agencies, etc., and
                       give appropriate notifications as may be necessary for the performance of
                       work required for the PROJECT.

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

                  E.   All work in connection with the PROJECT shall be performed in
                       conformance with the DEPARTMENT’S current Standard Specifications
                       for Construction, special provisions, and the supplemental specifications
                       and plans pertaining to the PROJECT. All materials furnished and used in
                       the construction of the PROJECT shall conform to the aforesaid
                       specifications. Any changes in the scope of work for the PROJECT will
                       require approval by the DEPARTMENT.


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                  F.     The REQUESTING PARTY shall, at no cost to the PROJECT or to the
                         DEPARTMENT, appoint a project engineer who shall administer the
                         PROJECT and ensure that the plans and specifications are followed, and
                         shall perform or cause to be performed the construction engineering and
                         inspection services necessary for the completion of the PROJECT.

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

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

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

                         (2)    Provide owner's protective liability insurance naming as insureds
                                the State of Michigan, the Michigan State Transportation
                                Commission, the DEPARTMENT and its officials, agents and
                                employees, the REQUESTING PARTY and any other party with
                                jurisdiction for the roadway being constructed as the PROJECT,
                                and their employees, for the duration of the PROJECT and to
                                provide copies of certificates of insurance to the insureds. It is
                                understood that the DEPARTMENT does not assume either
                                ownership of any portion of the PROJECT or jurisdiction of any
                                REQUESTING PARTY highway as a result of being named as an
                                insured on the owner's protective liability insurance policy.

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

           5.      The PROJECT COST shall be met in part by contributions by TED FUNDS.
     TED FUNDS Category A shall be applied to the eligible items of the PROJECT COST up to an
     amount not to exceed the lesser of: (1) 78 percent of the approved and responsible low bid
     amount, or (2) $630,000. The balance, if any, of the PROJECT COST, after deduction of TED
     FUNDS, is the sole responsibility of the REQUESTING PARTY.



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Packet Page 119
            The REQUESTING PARTY shall be responsible for the payment of all costs and
     expenses incurred in the performance of PROJECT work.

             Based upon the final cost of the PROJECT, the final costs included in the grant, and/or a
     request by the REQUESTING PARTY, a payment adjustment may be initiated and/or authorized
     by the DEPARTMENT for eligible items of the PROJECT COST such that the total amount of
     TED FUNDS does not exceed $630,000. The grant includes those activities of preliminary
     engineering, right-of-way acquisition, construction, and construction engineering related to the
     grant. The REQUESTING PARTY shall certify all actual costs incurred for work performed
     under this contract that are eligible for payment with TED FUNDS and will be required to repay
     any TED FUNDS it received in excess of 78 percent of the total of such costs.

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

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

            The REQUESTING PARTY, within six (6) months of completion of the PROJECT and
     payment of all items of PROJECT COST related thereto, shall make a final reporting of
     construction costs to the DEPARTMENT and certify that the PROJECT has been constructed in
     accordance with the PROJECT plans, specifications, and construction contract.

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

            Within sixty (60) days after the date of the Notice of Audit Results, the REQUESTING
     PARTY shall: (a) respond in writing to the responsible Bureau or the DEPARTMENT indicating
     whether or not it concurs with the audit report, (b) clearly explain the nature and basis for any
     disagreement as to a disallowed item of expense, and (c) submit to the DEPARTMENT a written
     explanation as to any questioned or no opinion expressed item of expense, hereinafter referred to
     as the “RESPONSE”. The RESPONSE shall be clearly stated and provide any supporting
     documentation necessary to resolve any disagreement or questioned or no opinion expressed
     item of expense. Where the documentation is voluminous, the REQUESTING PARTY may
     supply appropriate excerpts and make alternate arrangements to conveniently and reasonably
     make that documentation available for review by the DEPARTMENT. The RESPONSE shall


     01/23/03 TEDDIR.FOR 1/17/23                      5

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     refer to and apply the language of the contract. The REQUESTING PARTY agrees that failure
     to submit a RESPONSE within the sixty (60) day period constitutes agreement with any
     disallowance of an item of expense and authorizes the DEPARTMENT to finally disallow any
     items of questioned or no opinion expressed cost.

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

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

            7.      Upon completion of construction of the PROJECT, the REQUESTING PARTY
     will cause to be enacted and enforced such ordinances or regulations as may be necessary to
     prohibit parking in the roadway right-of-way throughout the limits of the PROJECT.

             8.       The REQUESTING PARTY certifies that it is not aware if and has no reason to
     believe that the property on which the work is to be performed under this agreement is a facility,
     as defined by the Michigan Natural Resources and Environmental Protection Act [(NREPA), PA
     451, 1994, as amended 2012]; MCL 324.20101(1)(s). The REQUESTING PARTY also
     certifies that it is not a liable party pursuant to either Part 201 or Part 213 of NREPA, MCL
     324.20126 et seq. and MCL 324.21323a et seq. The REQUESTING PARTY is a local unit of
     government that has acquired or will acquire property for the use of either a transportation
     corridor or public right-of-way and was not responsible for any activities causing a release or
     threat of release of any hazardous materials at or on the property. The REQUESTING PARTY



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     is not a person who is liable for response activity costs, pursuant to MCL 324.20101 (vv) and
     (ww).

             9.     If, subsequent to execution of this contract, previously unknown hazardous
     substances are discovered within the PROJECT limits, which require environmental remediation
     pursuant to either State or federal law, the REQUESTING PARTY, in addition to reporting that
     fact to the Michigan Department of Environment, Great Lakes, and Energy , shall immediately
     notify the DEPARTMENT, both orally and in writing of such discovery. The DEPARTMENT
     shall consult with the REQUESTING PARTY to determine if it is willing to pay for the cost of
     remediation and to determine the eligibility, for reimbursement, of the remediation costs. The
     REQUESTING PARTY shall pay all costs associated with such remediation, including all delay
     costs of the contractor for the PROJECT. If the REQUESTING PARTY refuses to participate in
     the cost of remediation, the amount of TED FUNDS the REQUESTING PARTY received from
     Grant #1422 shall be forfeited back to the DEPARTMENT.

            10.     If State funds administered by the DEPARTMENT are used to pay the cost of
     remediating any hazardous substances discovered after the execution of this contract and if there
     is a reasonable likelihood of recovery, the REQUESTING PARTY, in cooperation with the
     Michigan Department of Environment, Great Lakes, and Energy and the DEPARTMENT, shall
     make a diligent effort to recover such costs from all other possible entities. If recovery is made,
     the DEPARTMENT shall be reimbursed from such recovery for the proportionate share of the
     amount paid by the DEPARTMENT and the DEPARTMENT shall credit such sums to the
     appropriate funding source.

         11.   The DEPARTMENT'S sole reason for entering into this contract is to enable the
     REQUESTING PARTY to obtain and use funds provided by the State.

             Any and all approvals of, reviews of, and recommendations regarding contracts,
     agreements, permits, plans, specifications, or documents, of any nature, or any inspections of
     work by the DEPARTMENT pursuant to the terms of this contract are done to assist the
     REQUESTING PARTY in meeting program guidelines in order to qualify for available funds.
     Such approvals, reviews, inspections and recommendations by the DEPARTMENT shall not
     relieve the REQUESTING PARTY and the local agencies, as applicable, of their ultimate
     control and shall not be construed as a warranty of their propriety or that the DEPARTMENT is
     assuming any liability, control or jurisdiction.

             The providing of recommendations or advice by the DEPARTMENT does not relieve the
     REQUESTING PARTY and the local agencies, as applicable, of their exclusive jurisdiction of
     the highway and responsibility under MCL 691.1402 et seq., as amended.

            When providing approvals, reviews and recommendations under this contract, the
     DEPARTMENT is performing a governmental function, as that term is defined in MCL
     691.1401 et seq. as amended, which is incidental to the completion of the PROJECT.



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             12.    The DEPARTMENT, by executing this contract, and rendering services pursuant
     to this contract, has not and does not assume jurisdiction of the highway, described as the
     PROJECT for purposes of MCL 691.1402 et seq., as amended. Exclusive jurisdiction of such
     highway for the purposes of MCL 691.1402 et seq., as amended, rest with the REQUESTING
     PARTY and other local agencies having respective jurisdiction.

             13.    The REQUESTING PARTY shall approve all of the plans and specifications to
     be used on the PROJECT and shall be deemed to have approved all changes to the plans and
     specifications when put into effect. It is agreed that ultimate responsibility and control over the
     PROJECT rests with the REQUESTING PARTY and local agencies, as applicable.

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

             15.     Each party to this contract will remain responsible for any and all claims arising
     out of its own acts and/or omissions during the performance of the contract, as provided by this
     contract or by law. In addition, this is not intended to increase or decrease either party’s liability
     for or immunity from tort claims. This contract is also not intended to nor will it be interpreted
     as giving either party a right of indemnification, either by contract or by law, for claims arising
     out of the performance of this contract.

             16.     In connection with the performance of PROJECT work under this contract the
     parties hereto (hereinafter in Appendix “A” referred to as the “contractor”) agree to comply with
     the State of Michigan provisions for “Prohibition of Discrimination in State Contracts,” as set
     forth in Appendix A, attached hereto and made a part hereof. The parties further covenant that
     they will comply with the Civil Rights Acts of 1964 being P.L. 88-352, 78 Stat. 241, as
     amended, being Title 42 U.S.C. Sections 1971, 1975a-1975d, and 2000a-2000h-6, and will
     require similar covenants on the part of any contractor or subcontractor employed in the
     performance of this contract.

             17.     The REQUESTING PARTY and other local agencies, as applicable parties,
     understand and agree that the highway(s) or street(s) being improved under the terms of this
     agreement and funded with Transportation Economic Development Funds, shall not be subject to
     any restriction by local authorities in using certain commercial vehicles on such highway(s) or
     street(s). Such restrictions are in conflict with the basic concept of the Transportation Economic
     Development Program and Funding. The REQUESTING PARTY, by signing this agreement,
     agrees to obtain concurrence from other local governmental agencies within whose jurisdiction
     or control the highway(s) or street(s) are being improved.




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

             IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed as
     written below.

     CITY OF MUSKEGON




     By___________________________                        By____________________________
      Title:                                               Department Director MDOT


     By___________________________
      Title:                                                        REVIEWED
                                                                    By Larry Doyle at 11:21 am, 1/30/23




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                                                                               January 17, 2023

                                            EXHIBIT I

                                CONTROL SECTION             EDA 61000
                                JOB NUMBER                  218123CON


                                        ESTIMATED COST


     Estimated PROJECT COST

           Contracted Work                                                $803,000




                               ESTIMATED COST PARTICIPATION

     GRAND TOTAL ESTIMATED COST                                           $803,000
     Less TED FUNDS*                                                      $626,340
     BALANCE (REQUESTING PARTY'S SHARE)                                   $176,660


     NO DEPOSIT

     *TED FUNDS for the PROJECT are limited to an amount as described in Section 5.




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                                     APPENDIX A
                  PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS

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

     1.     In accordance with Public Act 453 of 1976 (Elliott-Larsen Civil Rights Act), the
            contractor shall not discriminate against an employee or applicant for employment with
            respect to hire, tenure, treatment, terms, conditions, or privileges of employment or a
            matter directly or indirectly related to employment because of race, color, religion,
            national origin, age, sex, height, weight, or marital status. A breach of this covenant will
            be regarded as a material breach of this contract. Further, in accordance with Public Act
            220 of 1976 (Persons with Disabilities Civil Rights Act), as amended by Public Act 478
            of 1980, the contractor shall not discriminate against any employee or applicant for
            employment with respect to hire, tenure, terms, conditions, or privileges of employment
            or a matter directly or indirectly related to employment because of a disability that is
            unrelated to the individual’s ability to perform the duties of a particular job or position. A
            breach of the above covenants will be regarded as a material breach of this contract.

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

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

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

     5.     The contractor or its collective bargaining representative shall send to each labor union or
            representative of workers with which the contractor has a collective bargaining
            agreement or other contract or understanding a notice advising such labor union or
            workers’ representative of the contractor’s commitments under this Appendix.

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




Packet Page 126
     7.    The contractor shall furnish and file compliance reports within such time and upon such
           forms as provided by the Michigan Civil Rights Commission; said forms may also elicit
           information as to the practices, policies, program, and employment statistics of each
           subcontractor, as well as the contractor itself, and said contractor shall permit access to
           the contractor’s books, records, and accounts by the Michigan Civil Rights Commission
           and/or its agent for the purposes of investigation to ascertain compliance under this
           contract and relevant rules, regulations, and orders of the Michigan Civil Rights
           Commission.

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

     9.    The contractor shall include or incorporate by reference, the provisions of the foregoing
           paragraphs (1) through (8) in every subcontract or purchase order unless exempted by
           rules, regulations, or orders of the Michigan Civil Rights Commission; all subcontracts
           and purchase orders will also state that said provisions will be binding upon each
           subcontractor or supplier.


                                                                                    Revised June 2011




Packet Page 127
                          Agenda Item Review Form
                           Muskegon City Commission

    Commission Meeting Date: March 14, 2023                               Title: 1st Amendment to the
                                                                          Temporary Water Operator
                                                                          Agreement with Muskegon
                                                                          Heights

    Submitted By: Jonathan Seyferth                                       Department: City
                                                                          Manager/DPW (water)

    Brief Summary:
    The City of Muskegon has been providing Operators in Charge (OIC) for the City of Muskegon
    Heights since Jan. 1, 2023 for both water treatment and water distribution. The is an amendment
    to that agreement which will temporarily provide water plant operators to Muskegon Heights. This
    will expire on March 31, 2023.

    Detailed Summary & Background:
    During the month of March, the Muskegon Heights water plant will be short a fulltime operator
    which will cause a staffing issue for a few shifts during the balance of the month. In an effort to
    assist, Muskegon will provide plant operators on a limited basis during this time. It is anticipated
    that Muskegon staff will be operating the Muskegon Heights plant for 10 to 16 hours per week (two
    shifts per week). These Muskegon operators have volunteered for the additional duty and will be
    provided in a way that does not negatively impact staffing at the Muskegon water filtration plant.


    Muskegon Heights will be charged $100 per hour per operator. Muskegon will pay the operators
    out of the funds received from the City of Muskegon Heights.

    Goal/Focus Area/Action Item Addressed:
    Goal 3 – Community Connection, creating an environment of mutual respect and trust

    Amount Requested: N/A (Muskegon will                 Amount Budgeted: $0
    charge Muskegon Heights a rate of $100 per
    hour for these operators)

    Fund(s) or Account(s): Water Fund                    Fund(s) or Account(s): Water Fund

    Recommended Motion: I motion to approve the 1st Amendment between the Cities of Muskegon
    and Muskegon Heights for Water operations and authorize the City Manager to sign.



    Approvals: Get approval from division head at a minimum prior         Guest(s) Invited / Presenting
    to sending to the Clerk.
Packet Page 128
    Immediate Division Head    Information Technology   Yes
    Other Division Heads       Communication            No
    Legal Review

    For City Clerk Use Only:
    Commission Action:




Packet Page 129
                                    FIRST AMENDMENT TO
                   SHORT TERM AGREEMENT BETWEEN THE CITY OF MUSKEGON
                 AND THE CITY OF MUSKEGON HEIGHTS FOR PROVIDING NECESSARY
                  SERVICES IN COMPLIANCE WITH THE MICHIGAN SAFE DRINKING
                  WATER ACT IN THE OPERATING OF BOTH ITS WATER FILTRATION
                               PLANT AND DISTRIBUTION SYSTEM

             THE AGREEMENT made this _________ day of March, 2023 between the City of Muskegon,
     located at 933 Terrace Street, Muskegon, Michigan 49443-0536 ( “Muskegon”) and the City of Muskegon
     Heights, located at 2724 Peck Street, Muskegon Heights, Michigan 49444 ( “Muskegon Heights”).

                                                     RECITALS

              A. On December 28, 2022 Muskegon and Muskegon Heights entered into the Short Term
     Agreement Between the City of Muskegon and the City of Muskegon Heights for Providing Necessary
     Services in Compliance with the Michigan Safe Drinking Water Act in the Operating of Both its Water
     Filtration Plant and Distribution System Agreement (“Original Agreement”).

             B. Muskegon and Muskegon Heights now desire to amend that Agreement for Muskegon to
     provide water filtration plant operators, subject to this Agreement.

     Section 1        Recitals

             The parties agree that the Recitals provided above are true and correct and are incorporated into the
     body of this Agreement.

     Section 2        Short-Term Assistance for the Muskegon Heights Water Filtration Plant

              Muskegon shall use its best efforts to provide operators for the Muskegon Heights Water Filtration
     Plant.
              Muskegon shall use its best efforts to schedule an operator to be at the Muskegon Heights Water
     Filtration Plant. To the extent that Muskegon is requested to provide an operator at times not scheduled,
     Muskegon shall use its best efforts to provide an operator within 24 hours. Muskegon shall not be required
     to provide an operator when it would affect the operations of Muskegon’s Water Filtration Plant, in
     Muskegon’s sole discretion.

     Section 3        Entire Agreement and Amendment

              In conjunction with the matters considered herein, this Agreement contains the entire understanding
     and agreement of the parties and there have been no promises, representations, agreements, warranties, or
     undertakings by any of the parties, either oral or written, of any character or nature hereafter binding except
     as set forth herein. This Agreement may be altered, amended, or modified only by an instrument in writing,
     executed by the parties to this Agreement and by no other means. Each party waives their future right to
     claim, contest or assert that this Agreement was modified, canceled, superseded, or changed by any oral
     agreements, course of conduct waiver or estoppel.




Packet Page 130
     Section 4        Terms and Conditions

              The terms and conditions used in this Agreement shall be given their common and ordinary
     definition and will not be construed against either party.

     Section 5        Authority

              All parties to this Agreement warrant and represent that they have the power and authority to enter
     into this Agreement in the names, titles, and capacities herein stated and on behalf of any entities, person,
     or firms represented or purported to be represented by such entity(ies), person(s), or firm(s) and that all
     formal requirements necessary or required by any State and/or Federal law in order to enter into this
     Agreement have been fully complied with.

     Section 6        Term

               This Agreement shall continue until terminated by either party upon 14 days-notice, but in no event
     shall it continue beyond March 31, 2023.

     Section 7        Compensation

              A.       Services provided by Muskegon to Muskegon Heights shall be billed on the basis of One
     Hundred and 00/100 ($100.00) Dollars per hour should the services be available through frontline (non-
     supervisory staff) and on the basis of One Hundred Twenty and 00/100 ($120.00) Dollars per hour should
     it be necessary to utilize supervisory staff to provide the noted services. This will include travel costs within
     the corporate limits of the City of Muskegon Heights and/or its filtration plant located in the corporate limits
     of the City of Norton Shores. If additional travel outside the corporate limits of the City of Muskegon
     Heights or the City of Norton Shores is necessary mileage will be billed at the prevailing IRS rate.

             B.      Muskegon shall bill Muskegon Heights on a monthly basis. Muskegon Heights shall pay
     the invoices within fifteen (15) days of receipt.

     Section 8        As to all other respects, the Original Agreement shall continue in force as if restated
     herein.

             In Witness Whereof the parties have executed this Agreement in their respective cities.


      City of Muskegon Heights                                City of Muskegon

      _______________________________                         ___________________________________
      By: Melvin Burns                                        By: Jonathan Seyferth
      Its: Interim City Manager                               Its: City Manager




Packet Page 131
                           Agenda Item Review Form
                            Muskegon City Commission

    Commission Meeting Date: March 14, 2023                 Title: Recommendation for Annual Renewal
                                                            of Liquor Licenses

    Submitted By: Ann Marie Meisch                          Department: City Clerk

    Brief Summary: To adopt a resolution recommending the State withhold renewal of those liquor license
    establishments who are in violation of Section 50-146 and 50-147 of the Code of Ordinances for the City of
    Muskegon. These establishments have been found to be in non-compliance with the City Code of Ordinances
    and renewal of their liquor licenses should not be recommended by the City Commission. If any of these
    establishments come into compliance by March 23, 2023, they will be removed from this resolution.


    Detailed Summary & Background:

    Goal/Focus Area/Action Item Addressed:

    Amount Requested: None                                Amount Budgeted: None



    Fund(s) or Account(s):                                Fund(s) or Account(s):

    Recommended Motion: Adoption of the resolution.



    Approvals: Get approval from division head at a         Guest(s) Invited / Presenting
    minimum prior to sending to the Clerk.
    Immediate Division Head          Information            Yes
    Technology
                                                            No
    Other Division Heads             Communication
    Legal Review

    For City Clerk Use Only:
    Commission Action:




Packet Page 132
                             Agenda Item Review Form
                              Muskegon City Commission

Commission Meeting Date: March 14, 2023                                     Title: Public Hearing Brownfield
                                                                            Plan Amendment, 2nd
                                                                            Amendment, Adelaide Pointe
                                                                            QOZB, LLC

Submitted By: Contessa Alexander                                            Department: Development Services

Brief Summary: Approval for Brownfield Plan Amendment, 2nd Amendment for Adelaide Pointe QOZB, LLC
(Adelaide Pointe Project) and to consider the attached resolution.

Detailed Summary & Background:
Adelaide Pointe QOZB, LLC has submitted a Brownfield Plan Amendment (2nd Amendment) for the Adelaide Pointe
Project – a 35-acre mixed use waterfront development project including winter boat storage, marina space, In/Out
forklift boat storage, commercial/retail, and up to 400 housing units.

This 2nd Amendment BPA has been prepared due to the developer no longer seeking the City of Muskegon’s bonds
to pay for eligible costs related to public infrastructure. The developer will pay for the following public
infrastructure costs: public roadways, a reconfiguration of West Western Ave, as well as water main, sanitary
sewer and storm sewer utilities. This will cause a shift in the Brownfield Tax Increment Funds to allow for the
developer to receive 100% reimbursement for eligible activities. The BRA will be meeting on the morning of
March 14. The public hearing has been scheduled and is under the assumption that the BRA will approve this 2nd
amendment.

The BPA for APQ was approved by the BRA on Oct. 12, 2021 and by City Commission on Oct. 26, 2021. The 1st
Amendment to the BPA for APQ was approved by BRA on Dec. 13, 2022 and by City Commission on Jan. 10, 2023.

Goal/Focus Area/Action Item Addressed:
Focus Area: improved access to the waterfront, blight cleanup, progress toward completion of
ongoing economic development projects.

Amount Requested: N/A                                       Amount Budgeted: N/A

Fund(s) or Account(s): N/A                                  Fund(s) or Account(s): N/A

Recommended Motion: Motion to close the public hearing and to approve the resolution for the Brownfield Plan
Amendment, 2nd Amendment for the Adelaide Pointe Project authorizing the Mayor and City Clerk to sign.

Approvals:                                                                  Guest(s) Invited / Presenting


    Packet Page 133
Immediate Division Head    Information Technology   Yes
Other Division Heads       Communication            No
Legal Review

For City Clerk Use Only:
Commission Action:




    Packet Page 134
                  RESOLUTION APPROVING THE BROWNFIELD PLAN AMENDMENT

                        Adelaide Pointe QOZB, LLC (1148-1204 West Western)

                               Adelaide Pointe Project, 2nd Amendment

                                    County of Muskegon, Michigan

                                             2023-March 14



           Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of
    Muskegon, Michigan (the "City"), held in the City Commission Chambers on the 14th day of
    March, 2023 at 5:30 p.m., prevailing Eastern Time.

    PRESENT:

    ABSENT:

           The following preamble and resolution were offered by ______________ and
    supported by ______________.

           WHEREAS, in accordance with the provisions of Act 381, Public Acts of Michigan, 1996,
    as amended ("Act 381"), the City of Muskegon Brownfield Redevelopment Authority (the
    "Authority") has prepared and approved a Development and Reimbursement Agreement; and

           WHEREAS, the Authority has forwarded the Development and Reimbursement
    Agreement (1st Amendment) to the City Commission requesting its approval of the Development
    and Reimbursement Agreement (1st Amendment); and

           NOW, THEREFORE, BE IT RESOLVED THAT:

           1. That the Brownfield Plan constitutes a public purpose under Act 381.
           2. That the Brownfield Plan meets all the requirements of Section 13(1) of Act 381.
           3. That the proposed method of financing the costs of the eligible activities, as identified
              in the Brownfield Plan and defined in Act 381, is feasible and the Authority has the
              authority to arrange the financing.
           4. That the costs of the eligible activities proposed in the Brownfield Plan are
              reasonable and necessary to carry out the purposes of Act 381.




Packet Page 135
           5. That the amount of captured taxable value estimated to result from the adoption of the
               Brownfield Plan is reasonable.
           6. That the Brownfield Plan in the form presented is approved and is effective immediately.
           7. That all resolutions or parts of resolutions in conflict herewith shall be and the same are
               hereby rescinded.

           Be it Further Resolved that the Mayor and City Clerk are hereby authorized to execute all
    documents necessary or appropriate to implement the provisions of the Brownfield Plan.




           AYES:

           NAYS:

           ABSENT:

           RESOLUTION DECLARED APPROVED.




                                                       _____________________________________
                                                               Ann Marie Meisch, City Clerk



                                                         _____________________________________
                                                               Kenneth D. Johnson, Mayor




Packet Page 136
           I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the
    City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a regular
    meeting held on March 14, 2023 and that said meeting was conducted and public notice of said
    meeting was given pursuant to and in full compliance with the Open Meetings Act,being Act 267,
    Public Acts of Michigan, 1976, as amended, and that the minutes of said meetingwere kept and will
    be or have been made available as required by said Act.




                                                                 ______________________________

                                                                 Ann Marie Meisch, City Clerk




Packet Page 137
                                           City of Muskegon
                                  Brownfield Redevelopment Authority
                                 County of Muskegon, State of Michigan

                     RESOLUTION APPROVING BROWNFIELD PLAN AMENDMENT

                         Adelaide Pointe QOZB LLC (1148-1204 West Western)

                                              2nd Amendment




            Minutes of a regular meeting of the Board of the City of Muskegon Brownfield

     Redevelopment Authority, County of Muskegon, State of Michigan, held on the 14th day of March

     2023 at 10:30 a.m., prevailing Eastern Time.

            PRESENT:       Members ____________________________________________________

     ______________________________________________________________________________

            ABSENT:        Members ____________________________________________________



            The following preamble and resolution were offered by Member ______________              and

     supported by Member ___________________:

            WHEREAS, a Brownfield Plan has been adopted pursuant to Act 381, Public Acts of

     Michigan, 1996, as amended (“Act 381”), a copy of which is on file with the Secretary of the City of

     Muskegon Brownfield Redevelopment Authority (the “Authority”); and

            WHEREAS, the Authority is authorized to approve amendments to the Brownfield Plan and

     recommends the Amendment to add eligible properties within the Adelaide Pointe Project for

     approval to the City of Muskegon, County of Muskegon, State of Michigan (the “City”).


            NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

            1.     Approval of Brownfield Plan.       The Board hereby adopts and approves the

            Brownfield Plan Amendment (2ndAmendment) for the Adelaide Pointe Project and

            recommends the approval of the Brownfield Plan Amendments by the Muskegon City




Packet Page 138
           Commission.

           2.      Public Hearing. The Board hereby requests city personnel to provide a notice of

           Public Hearing on the proposed Brownfield Plan Amendments, and further requests that

           such hearing notice be provided to all taxing jurisdictions. Notice of the time and place of

           the hearing shall be given pursuant to Act 267, Public Acts of Michigan, 1976, as amended

           (“Open Meetings Act”).

           3.      Deliver Resolution and Brownfield Plan to City.         The Chair of the Authority is

           directed to deliver a certified copy of this resolution and the Brownfield Plan Amendments to

           the City Clerk.

           4.      Disclaimer.   By adoption of this resolution and approval of the Brownfield Plan

           Amendments, the Authority assumes no obligation or liability to the owner, developer or

           lessor of the Eligible Property for any loss or damage that may result to such persons from

           the adoption of this resolution and Brownfield Plan Amendments.

           5.      Work Plan Transmittal. The Chair of the Authority shall be authorized to transmit to

           the Michigan Strategic Fund, the Michigan Economic Development Corporation and/or the

           Michigan Department of Environmental Quality, on behalf of the Authority, a final Act 381

           Work Plan that has been reviewed and approved by the Authority.

           6.      Repealer. All resolutions and parts of resolution in conflict with the provisions of this

           resolution are hereby repealed or amended to the extent of such conflict.

           AYES:

           NAYS:



     RESOLUTION DECLARED ADOPTED.


                                          ____________________________
                                          Martha Bottomley, Chair
                                          City of Muskegon Brownfield Redevelopment Authority


                                                    -2-
Packet Page 139
     I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Board

     of the City of Muskegon Brownfield Redevelopment Authority, County of Muskegon, State of

     Michigan, at a regular meeting held on March 14, 2023, and that said meeting was conducted and

     public notice of said meeting was given pursuant to and in full compliance with the Open Meetings

     Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept

     and will be or have been made available as required by said Act.



                                          _____________________________
                                          Martha Bottomley, Chair
                                          City of Muskegon Brownfield Redevelopment Authority




                                                   -3-
Packet Page 140
 City of Muskegon
 Brownfield Redevelopment Authority

 2nd Amendment to Brownfield Plan Amendment for the
 Adelaide Pointe Project at
 1204 West Western Avenue
 Muskegon, Michigan


 Initial Brownfield Plan Amendment Approved by the City of Muskegon
                                                                         October 12, 2021
 Brownfield Redevelopment Authority
 Initial Brownfield Plan Amendment Approved by the City of Muskegon Board
 of Commissioners                                                         October 26, 2021


 1st Amendment to Brownfield Plan Amendment Approved by the City of      December 13, 2022
 Muskegon Brownfield Redevelopment Authority

 1st Amendment to Brownfield Plan Amendment Approved by the City of December 13, 2022
 Muskegon Board of Commissioners


 2nd Amendment to Brownfield Plan Amendment Approved by the City of
 Muskegon Brownfield Redevelopment Authority

 2nd Amendment to Brownfield Plan Amendment Approved by the City of
 Muskegon Board of Commissioners


 Prepared with the assistance of:
 Fishbeck
 1515 Arboretum Drive SE
 Grand Rapids, Michigan 49546
 616-464-3876


Packet Page 141
 Table of Contents                                                                                                                            Fishbeck | Page ii




 1.0    Introduction ...................................................................................................................................................1
        1.1     Proposed Redevelopment and Future Use for the Eligible Property ................................................1
        1.2     Eligible Property Information ............................................................................................................2

 2.0    Information Required by Section 13(2) of the Statute ...................................................................................2
        2.1    Description of Costs to Be Paid for With Tax Increment Revenues ..................................................2
        2.2    Summary of Eligible Activities ...........................................................................................................4
        2.3    Estimate of Captured Taxable Value and Tax Increment Revenues ..................................................5
        2.4    Maximum Amount of Note or Bonded Indebtedness .......................................................................5
        2.5    Duration of Brownfield Plan..............................................................................................................5
        2.6    Estimated Impact of Tax Increment Financing on Revenues of Taxing Jurisdiction ..........................5
        2.7    Legal Description, Property Map, Statement of Qualifying Characteristics and Personal Property..5
        2.8    Estimates of Residents and Displacement of Individuals/Families....................................................5
        2.9    Plan for Relocation of Displaced Persons..........................................................................................6
        2.10 Provisions for Relocation Costs .........................................................................................................6
        2.11 Strategy for Compliance with Michigan’s Relocation Assistance Law...............................................6
        2.12 Other Material that the Authority or Governing Body Considers Pertinent .....................................6

 List of Figures
 Figure 1 – Location Map
 Figure 2 – Site Layout Map

 List of Tables
 Table 1 – Tax Increment Revenue Capture
 Table 2 – Tax Increment Revenue Reimbursement Allocation

 List of Attachments
 Attachment A       Resolution(s)
 Attachment B       Conceptual Renderings
 Attachment C       Environmental Data Tables and Exceedance Map
 Attachment D       Reimbursement Agreement




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 March 1, 2023                                                                                                                         Fishbeck | Page 1



 1.0              Introduction
 The City of Muskegon Brownfield Redevelopment Authority (the “Authority” or MBRA) was established by the City
 of Muskegon pursuant to the Brownfield Redevelopment Financing Act, Michigan Public Act 381 of 1996, as
 amended (“Act 381”). The primary purpose of Act 381 is to encourage the redevelopment of eligible property by
 providing economic development incentives through tax increment financing for certain eligible properties.
 On October 26, 2021, the City of Muskegon (the “City”) approved a Brownfield Plan Amendment (BPA) to
 incorporate 1148 and 1204 West Western Avenue (“Eligible Property”, “Site”, or “Property”) into the City’s
 existing Brownfield Plan. The BPA detailed redevelopment plans for a five-phase redevelopment at the Eligible
 Property, including eligible activity costs and related reimbursement through local-only tax increment financing.
 The 1st Amendment to the BPA was prepared to add state school tax capture for reimbursement of costs related
 to Michigan Strategic Fund (MSF) eligible activities during the first three immediate phases of redevelopment.
 This 2nd Amendment to the BPA has been prepared to reflect changes relating to Developer and City-led
 completion of eligible activities. Previous versions of this Brownfield Plan included eligible activities that would be
 completed by both the Developer and City. This 2nd Amendment to the BPA documents that all previously
 approved eligible activities will now be performed by the Developer. Reimbursement of eligible activity costs
 incurred by the Developer will conform to the provisions of this 2nd Amendment to the BPA and related
 agreements between the Developer and City (e.g., Development and Reimbursement Agreement). This 2nd
 Amendment to the BPA does not alter the type or cost of previously approved eligible activities.
 Future amendments to this amended BPA may be pursued for phases four and five of the development. See
 Attachment A for copies of amended BPA resolutions.

 1.1              Proposed Redevelopment and Future Use for the Eligible Property
 The Developer, Adelaide Pointe QOZB, LLC, is proposing to redevelop a former industrial site located at 1204
 West Western Avenue (1148 & 1204 West Western Avenue are now combined), Muskegon, Michigan. Figures 1
 and 2 depict the Eligible Property location and layout.

 Redevelopment consists of five phases that are anticipated to be completed by 2030. Phases one through three
 are the focus of this amended BPA. Development phasing is described below:

           Development Phase                                                            Anticipated/Actual               Desired/Actual
                                                                                        Start Date                       Completion Date

           Phase I – Revitalize existing buildings for boat                                Spring/Summer                        Spring 2022
           storage                                                                              2021

           Phase II – Construction of marina, mixed-use                                       Spring 2023                    Fall/Winter 2024
           building, boater services building*

           Phase III – Construction of 55-unit residential condo                              Spring 2023                    Fall/Winter 2024
           building*

           Phase IV – Construction of hotel and 50 boat                                       Spring 2024                         Fall 2027
           storage units and warehouse




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 March 1, 2023                                                                                                                         Fishbeck | Page 2


           Phase V – Construction of residential condos                                       Spring 2025                         Fall 2030

 Phases one through three include revitalizing the existing site structures for boat storage, business offices, and
 lease space (approx. 218,000 sf); creation of a new 172 slip marina and construction of a new three-story, mixed-
 use building with ground level retail and office space (approximately 14,700 gross sf), a second-floor restaurant
 (approximately 3,700 sf), and third floor deck area (approx. 3,700 sf) (the “Project”). The Project will also create
 an approximately 4,300 sf boater services and a 55 unit 4-story (90,000 gross sf) residential condo building. The
 Project will create a walkable community that incorporates public access to waterfront activities (e.g., swimming,
 fishing, boating), inviting greenspace areas, and transient docking. Sustainable development techniques are
 proposed throughout the Project, including mass timber construction, solar boardwalks and roof systems, electric
 vehicle charging stations, low-impact development stormwater management, and integrated parking. Total
 private investment in Phases one through three, not including property acquisition, is approximately $85,000,000.
 The mixed-use waterfront development will create approximately 100 new jobs (retail, office, restaurant, marina)
 and provide contractor work for hundreds of temporary construction workers.

 In addition to environmental activities, this amendment to the BPA includes non-environmental eligible activities
 necessary to complete the Project. Non-environmental activities will include demolition, lead/asbestos
 abatement, site preparation and public infrastructure improvements. Public infrastructure improvements will
 include upgrades to the public utilities (water main, sanitary sewer, and storm sewer), public roadways, marina
 and solar docks. Site preparation activities will include specialized foundations, clearing and grubbing, dredging,
 compaction and sub-base preparation, cut and fill, excavation for unstable material, geotechnical engineering,
 grading/land balancing, relocation of utilities, temporary erosion controls, temporary site control, surveying and
 staking, architectural and engineering costs and mass grading.

 1.2              Eligible Property Information
 The 35-acre Property is located at the west end of West Western Avenue on the south shore of Muskegon Lake.
 Since the late 1800s, the Property has been utilized for industrial purposes, primarily a lumberyard followed by
 foundry operations. Based on a recent Phase II Environmental Site Assessment (ESA), completed in December
 2020, these past industrial uses have resulted in widespread contamination across the Property. Known
 contaminants in the soil with concentrations exceeding Michigan Department of Environment, Great Lakes, and
 Energy (EGLE) Part 201 Generic Residential Cleanup Criteria (GRCC) include tetrachloroethylene (PCE), arsenic,
 cadmium, chromium (total), copper, mercury, selenium, silver and zinc. Groundwater contaminants with
 concentrations identified above Part 201 GRCC consist of benzene, 2-methylnaphthalene, naphthalene, cadmium,
 chromium (total), copper, lead, mercury, and zinc.
 The Developer is not a liable party and completed a Baseline Environmental Assessment (BEA) in accordance with
 Part 201 of the Natural Resources and Environmental Protect Act, 1995 PA 451, as amended (NREPA).
 Given the known contamination, the Property is a “facility” pursuant to Part 201 of NREPA. As such, it is
 considered an “eligible property” as defined by the Michigan Redevelopment Financing Act, Act 381 of 1996.
 The location and layout of the Property are depicted in Figures 1 and 2. Environmental data tables and an
 exceedance map are provided in Attachment C.

 2.0              Information Required by Section 13(2) of the Statute
 2.1              Description of Costs to Be Paid for With Tax Increment Revenues
 Tax increment revenues will be used to reimburse the Developer, for the following eligible activities.


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 March 1, 2023                                                                                                                           Fishbeck | Page 3


 •    Pre-approved BEA, documentation of due care, asbestos/lead paint survey, and additional due care
      assessment
 •    Due care activities
 •    Asbestos, lead paint, and mold abatement
 •    Select building and site demolition
 •    Site preparation
 •    Infrastructure improvements (public)
 •    15% contingency
 •    Brownfield Plan Amendment
 •    Brownfield Plan Amendment Implementation
 •    Interest

 The table below provides an eligible activity cost summary for the Project.



                                            Summary of Eligible Activity Costs- Developer EGLE

 EGLE Eligible Activities                                                                                                              Estimated Cost

        Department Specific Activities
 Pre-Approved Sub-Total                                                                                                                        $350,000
 BEA activities                                                                                                                                 $52,000
 Documentation of due care                                                                                                                      $33,000
 Hazardous materials survey (e.g., asbestos, lead paint, etc.)                                                                                  $20,000
 Due care assessment                                                                                                                           $245,000
                                                                             EGLE Eligible Activities Total Costs                              $350,000
 Interest (5%)                                                                                                                                   $15,354
 EGLE Eligible Costs Sub-Total                                                                                                                 $365,354



                                             Summary of Eligible Activity Costs - Developer MSF

                                                                                                                       Estimated         Redevelopment
                                                                                                 Developer
                    MSF Eligible Activities                                Total Cost                                 Completion          Phase Related
                                                                                                   Cost
                                                                                                                       Schedule             to Activity

  Public Infrastructure Improvements Sub-Total                           $14,843,620           $14,843,620

  Public Parks (Linear Park, East Peninsula Park,                          $2,000,000            $2,000,000           2023-2024            Phase II & III
  Commuter Bike Path)

  Public Shopper Dock and Public Transient Dock                            $1,300,000            $1,300,000           2023-2024              Phase II




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  Marina Basin- (breakwater system/public                                  $4,300,000            $4,300,000           2023-2024            Phase II
  access path)

  Solar Powered Docks                                                        $500,000               $500,000          2023-2024            Phase II

  Public Roadways                                                          $4,000,000            $4,000,000           2023-2024            Phase II

  West Western                Avenue         Reconfiguration-              $1,023,620            $1,023,620           2023-2024            Phase II
  Roadway

  Water Main                                                                 $850,000               $850,000          2023-2024            Phase II

  Sanitary Sewer                                                             $600,000               $600,000          2023-2024            Phase II

  Storm Sewer                                                                $270,000               $270,000          2023-2024            Phase II

  Site Preparation Sub-Total                                               $6,750,000            $6,750,000

  Specialized Foundations                                                    $905,000               $905,000          2023-2024           Phase II-V

  Clearing and Grubbing                                                      $300,000               $300,000          2023-2024         Phase II & III

  Dredging                                                                   $800,000               $800,000          2023-2024         Phase II & III

  Compaction and Sub-Base Preparation                                        $350,000               $350,000          2023-2024         Phase II & III

  Cut and Fill                                                               $300,000               $300,000          2023-2024            Phase II

  Excavation for Unstable Material                                             $70,000                $70,000         2023-2024         Phase II & III

  Fill                                                                       $850,000               $850,000          2023-2024         Phase II & III

  Geotechnical Engineering                                                   $180,000               $180,000          2023-2024        Phase I, II & III

  Grading/Land Balancing                                                   $1,550,000            $1,550,000           2023-2024         Phase II & III

  Relocation of Active Utilities                                             $350,000               $350,000          2023-2024         Phase II & III

  Temporary Erosion Controls                                                 $110,000               $110,000          2023-2024         Phase II & III

  Temporary Facility                                                         $165,000               $165,000          2023-2024         Phase II & III

  Temporary Site Control                                                     $195,000               $195,000          2023-2024         Phase II & III

  Surveying and Staking                                                      $125,000               $125,000          2023-2024         Phase II & III

  Architectural/Engineering Costs Related to                                 $500,000               $500,000          2023-2024         Phase II & III
  Eligible Activities



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                       MSF Eligible Activities Sub-Total                 $21,593,620           $21,593,620

  Contingency (15 %)                                                       $3,239,043            $3,239,043                                Phase II-V

  Interest (5 %)*                                                          $7,715,569            $7,715,569                                 Phase I-V

  Brownfield Plan and Work Plan Preparation                                    $10,000                $10,000                                Phase I

  Brownfield   Plan                 and         Work          Plan             $10,000                $10,000                                Phase I
  Implementation

                     MSF Eligible Activities Total Costs                 $32,568,232           $32,568,232

            *Interest collected at a 5% rate and capped at less than $8,000,000



                                           LOCAL ONLY ELIGIBLE ACTIVITIES COST SUMMARY (Developer)

                                           Local Only Eligible Activities                                                              Estimated Cost

           Department Specific Activities

           Due Care Sub-Total                                                                                                            $3,250,000
           Vapor intrusion mitigation                                                                                                    $500,000
           Soil capping                                                                                                                  $1,500,000
           Dewatering                                                                                                                    $250,000
           Contaminated Soil/Dredge Materials Removal and Disposal                                                                       $1,000,000

            Local Only Department Specific Activities Total Costs                                                                        $3,250,000

           Non-Environmental Activities

           Asbestos, Lead based Paint and Mold Abatement                                                                                 $250,000

           Demolition                                                                                                                    $500,000

           Site Preparation (Sub-total)                                                                                                  $3,160,000

           Specialized Foundations                                                                                                       $1,250,000

           Clearing and Grubbing                                                                                                         $150,000

           Compaction and Sub-Base Preparation                                                                                           $10,000

           Geotechnical Engineering                                                                                                      $50,000




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           Relocation of Active Utilities                                                                                              $100,000

           Surveying & Staking                                                                                                         $100,000

           Architectural/Engineering Costs Related to Eligible Activities                                                              $1,500,000

           Public Infrastructure (Sub-total)                                                                                           $1,900,000

           Solar Powered Docks (public)                                                                                                $500,000

           Community Building/Clubhouse and Pool (Public)                                                                              $1,400,000

           Non-Environmental Local Only Eligible Costs                                                                                 $5,810,000

           Contingency (15%)                                                                                                           $871,500

           Brownfield Plan/Act 381 Workplan Preparation                                                                                $10,000

           Interest (5%)*                                                                                                              $2,462,900

           Total EGLE and Non-Environmental Local Only Eligible Costs                                                                  $12,404,400
            *5% Interest capture begins after MSF Non-Environmental Costs are reimbursed

 2.2              Summary of Eligible Activities
 Eligible activities as defined by Act 381 and included in this amended BPA consist of the following:
 Pre-Approved Activities: These activities are permitted to occur prior to amended BPA approval. Preparation of a
 Phase I ESA, BEA and Documentation of Due Care Compliance were necessary to protect the new Property
 owner/Developer from liability for environmental contamination. A Hazardous Materials Investigation was
 conducted to evaluate potential asbestos, lead paint, and other hazardous materials, as required by regulatory
 agencies prior to select building demolition activities. Due care assessment will be conducted to verify compliance
 with applicable due care obligations. Pre-approved activities can be reimbursed from state school and local tax
 increment revenues.
 Due Care Activities: Due care activities will include implementation of vapor intrusion mitigation systems, as
 applicable, to prevent unacceptable exposures to potential indoor air inhalation concerns. Soil capping will be
 completed to protect against direct contact concerns related to known contamination. Contaminated
 soils/dredge materials which cannot be utilized on the Property will be hauled to an appropriate Type 2 landfill for
 disposal. During construction activities, dewatering may be necessary. Contaminated groundwater will be
 properly managed to comply with due care. Due care costs will include environmental oversight and
 management.
 Asbestos, Lead Paint, and Mold Abatement: Prior to select building demolition activities, asbestos, lead paint, and
 mold were abated, as applicable, in accordance with applicable regulatory guidelines.
 Demolition: Select building and Site demolition will be necessary to facilitate safe redevelopment and reuse of the
 Property.
 Site Preparation: Site preparation is expected to include specialized foundations due to unsuitable urban fill
 material across the Site, clearing and grubbing in preparation for redevelopment, dredging, compaction and sub-



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 base preparation, cut and fill, excavation for unstable material, fill, geotechnical engineering, grading, land
 balancing, relocation of active utilities, temporary erosion control, temporary facility, temporary site control,
 surveying, staking, and appropriate associated professional engineering/architectural fees related to the eligible
 activities. All the site preparation activities are necessary to support the redevelopment.
 Public Infrastructure Improvements: Public Infrastructure improvements will be made by the Developer in the
 public right-of-way and on publicly accessible land as outlined in the signed Cooperative Use Agreement between
 the City of Muskegon and AP dated September 13, 2022. Public infrastructure activities, including public parks
 (Linear Park, East Peninsula Park and the commuter bike path), public roadways (Adelaide Avenue), West Western
 Avenue reconstruction, public/transient shopper and dockage and dock slips, new and upgraded water main,
 sanitary sewer and storm sewer utilities, solar power infrastructure for the public shopper and transient dockage
 and marina upgrades including the breakwater with public access path.
 Amended BPA Preparation: This amended BPA was required for authorization of reimbursement to the
 Developer, as applicable, from tax increment revenues under Public Act 381 of 1996, as amended.
 Amended BPA Implementation: Tracking, submittal, review of invoices for reimbursement, plan compliance, and
 data reporting will be conducted.
 Contingency: A 15% contingency is included for those activities not already completed.
 Interest: A 5% interest on unreimbursed eligible activities is included.

 2.3              Estimate of Captured Taxable Value and Tax Increment Revenues
 The base year of this amended BPA is 2021, as established in the approved BPA. The 2021 taxable value of the
 eligible property was $903,810. After completion of the development (Phases one, two and three), the taxable
 value is estimated at $42,875,000. This amended BPA assumes a 1.0% annual increase in the taxable value of the
 Eligible Property. Initial capture is anticipated to begin in 2023.
 The estimated captured taxable value for the redevelopment by year and in aggregate for each taxing jurisdiction
 is depicted in tabular form (Table 1: Tax Increment Revenue Capture). Actual taxable values and tax increment
 revenues may vary year to year based on economic and market conditions, tax incentives, building additions, and
 property improvements, among other factors.
 A summary of the estimated reimbursement schedule by year and in aggregate is presented as Table 2: Tax
 Increment Revenue Reimbursement Allocation.
 Method of Financing and Description of Advances Made by the Municipality
 The cost of the eligible activities included in this amended BPA will be paid for by the Developer. The Developer
 will seek reimbursement for eligible activity costs through capture of available local and state (as applicable)
 school tax increment revenues as permitted by Act 381. Additionally, as necessary personal property taxes may
 be utilized as well for reimbursement. Refer to Attachment D for a copy of the Reimbursement Agreement.

 2.4              Maximum Amount of Note or Bonded Indebtedness
 This 2nd Amendment to the BPA does not include a City note or bonded indebtedness. The Developer will be
 responsible for the cost of eligible activities.

 2.5              Duration of Brownfield Plan
 Capture of tax increment revenues for the Developer reimbursement are anticipated to commence in 2023 and
 end in 2046. It is projected that the amended BPA will extend 29 years, which assumes five years of additional
 capture of tax increment revenues for deposit into a Local Brownfield Revolving Fund, if available.



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 2.6              Estimated Impact of Tax Increment Financing on Revenues of Taxing
                  Jurisdiction
 The estimated amount of tax increment revenues to be captured for this redevelopment from each taxing
 jurisdiction by year and in aggregate is presented in Tables 1 and 2.


 2.7              Legal Description, Property Map, Statement of Qualifying Characteristics and
                  Personal Property
       •    The legal description is as follows:

            1204 W. Western Avenue
            CITY OF MUSKEGON PART OF SECTION 25 T10N R17W PRT OF BLKS 578-580 DESC AS FOLS COM AT SE
            COR LOT 4 BLK 577 TH S 88D 15M W ALG SLY LN SD BLK 577 EXTND (ALSO BEING NLY LN WESTERN AVE)
            847.15 FT FOR POB TH N 01D 56M 50S W 256.10 FT TH N 31D 37M 35S E 47 FT TH N 55D 15M 15S E
            89.20 FT TH N 35D 54M 50S W 127.65 FT TH N 02D 52M 10S W 553 FT TH S 55D 13 M W 243 FT TH N
            34D 47M W 330 FT M/L TO SHORE OF MUSKEGON LAKE REFERRED TO AS PT B TH RECOM AT POB TH S
            88D 15M W ALG NLY LN WESTERN AVE 18.65 FT TH SWLY ALG SD NLY LN WESTERN AVE ALG ARC OF A
            430.61 FT RAD CURVE TO LT 158.33 FT (LC SD CURVE BEARS S 77D 43M 00S W 157.44 FT & CENTRAL ANG
            SD CURVE IS 21D 04M 00) TO WLY LN NELY 200 FT OF SD BLK 580 TH N 35D 2M 10S W ALG SD WLY LN
            SD NELY 200 FT DIST 850 FT M/L TO SHORE OF MUSKEGON LAKE REFERRED TO AS PT C TH NWLY SELY &
            NELY ALG SHORE OF MUSKEGON LAKE 1300 FT M/L FROM SD PT C TO SD PT B EXC THAT PRT OF ABOVE
            DESC PARCEL THAT LIES WITHIN THE CHESAPEAKE & OHIO RR ROW EXC THAT PART TAKEN BY THE CITY
            OF MUSKEGON FOR THE LAKESHORE TRAIL BIKE PATH DESC AS THAT PART OF BLKS 578 & 580 DESC
            AS COM @ SE COR LOT 4 BLK 577 TH S 88D 40M 42S W ALG N ROW LN WESTERN AVE 847.60 FT TH N
            01D 31M 57S W 256.10 FT TH N 32D 02M 28S E 47 FT TH N 55D 40M 08S E 89.20 FT TH N 35D 29M 57S
            W 127.65 FT TH N 02D 27M 17S W 553 FT TH S 55D 37M 53S W 243 FT TH N 34D 22M 07S W 235.92 FT
            TO POB TH S 50D 44M 04S W 329.75 FT TH S 20D 19M 09S W 96.30 FT TH S 23D 53M 54S E 405.55
            FT TH N 34D 34M 00S W ALG NE LN LAKESHORE YACHT HARBOUR 86.43 FT TH N 23D 53M 54S W 327.11
            FT TH N 20D 19M 09S E 107.14 FT TH N 50D 44M 04S E 335.70 FT TH S 33D 32M 57S E 16.08 FT TO
            POB TAKEN FOR LAKESHORE TRAIL BIKE PATH ACROSS SD PROPERTY AND COM AT SE COR LOT 4 BLK
            577 FOR POB TH N 1 DEG 41 MIN W 158.40 FT TH N 76 DEG 43 MIN W 103.55 FT TH NWLY ON THE ARC
            OF A 492.47 FT RAD CURVE TO THE RT 110.31 FT (LONG CORD BEARS N 70D 18M W 110.07 FT CENTRAL
            ANGLE IS 12D 50M 00S) TH N 63 DEG 53 MIN W 67 FT TH N 2 DEG 4 MIN W 33.8 FT TO RR R/W TH
            CON'T N 2 DEG 4 MIN W 367.7 FT TH N 37 DEG W 730 FT TH N 48 DEG W 600 FT M/L TO MUSKEGON
            LAKE TO A PT A RECOM AT POB TH S 88 DEG 15 MIN W 847.15 FT TH N 1 DEG 56 MIN 50 SEC W 256.1
            FT TH N 31 DEG 37 MIN 35 SEC E 47 FT TH N 55 DEG 15 MIN 15 SEC E 89.2 FT TH N 35 DEG 54 MIN 50
            SEC W 127.65 FT TH N 2 DEG 52 MIN 10 SEC W 553 FT TH S 55 DEG 13 MIN W 243 FT TH N 34 DEG 47
            MIN W 330 FT M/L TO THE SHORE OF MUSKEGON LAKE TO A PT REFERRED TO AS PT B TH WLY ALG
            SHORE LN 1500 FT M/L TO SD PT A EXC THAT PART LYING WITHIN C&O RR R/W RECORDED IN L 702 P
            134 ALSO EXC COM AT SW COR LOT 4 BLK 574 FOR POB TH WLY ALG WESTERN AVE 20.5 FT TO SE COR
            LOT 5 TH NLY TO SLY LN C&O RR R/W TH SELY ALG SLY LN OF SD R/W TO NW COR LOT 3 BLK 577 TH S
            ALG W LN LOT 3 TO NE COR LOT 4 TH WLY ALG NLY LN LOT 4 40 FT TO NW COR SD LOT TH SLY ALG W LN
            TO POB EXC THAT PART OF BLK 578 DESCRIBED AS COM AT THE SE COR OF LOT 4 BLK 577 TH S 88D
            40M 42S W ALG N R-O-W LINE OF WESTERN AVE 847.60 FT TH N 01D 31M 57S W 256.10 FT TH N 32 D
            02M 28S E 47 FT TH N 55D 40M 08S E 89.20 FT TH N 35D 29M 57S W 127.65 FT TH N 02D 27M 17S W


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            553 FT TH S 55D 37M 53S W 243 FT TH N 34D 22M 07S W 235.92 FT TO POB TH N 33D 32M 57S W
            16.08FT TH N 62D 10M 01S E 211.19 FT TH S 87D 42M 46S E 126.81 FT TH N 71D 39M 34S E 169.45
            FT TH S 53D 57M 29S E 104.89 FT TH S 36D 27M 44S E 604.13 FT TH S 01D 31M 44S E 16 FT TH S 38D
            27M 16S W 8.34 FT TH N 36D 27M 44S W 610.01FT TH N 53D 57M 29S W 94.21 FT TH S 71D 39M 34S
            W 164.14 FT TH N 87D 42M 46S W 125.42 FT TH S 62D 10M 01S W 205.29 FT TO POB
       •    The Property layout is depicted on Figure 2.
       •    The Property is considered an “eligible property” as defined by Act 381 because the Property is a facility
            pursuant to Part 201. Facility verification is included in Attachment C.
       •    New personal property added to the Property is included as part of the Eligible Property to the extent it is
            taxable.

 2.8              Estimates of Residents and Displacement of Individuals/Families
 No residents or families will be displaced because of the Project.

 2.9              Plan for Relocation of Displaced Persons
 Not applicable.

 2.10             Provisions for Relocation Costs
 Not applicable.

 2.11             Strategy for Compliance with Michigan’s Relocation Assistance Law
 Not applicable.

 2.12             Other Material that the Authority or Governing Body Considers Pertinent
 The Project will significantly improve the Muskegon Lake shoreline through revitalization of Property once used
 for industrial purposes. Existing structures will be revitalized, and environmental exposure risks mitigated. A new
 marina with transient boat slips will provide local citizens and tourists with opportunities to access the vibrant
 Muskegon downtown and other nearby recreational activities. Construction of new boat storage and residential
 condominiums will expand Muskegon Lake access and increase long-term tax revenues for the City of Muskegon
 and the State of Michigan. The Development will also create numerous job opportunities for the community.




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                                                             Figure 1
                                                            Location Map




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                                                                                                                      VICINITY MAP
                                                                                                                        MICHIGAN




                                                                                                                 CITY OF
                                                                                                               MUSKEGON
                                                                                                                              _
                                                                                                                              ^
                                                                                                            MUSKEGON COUNTY




                                                                                                                                                                                                         Hard copy is
                                                                                                                                                                                                       intended to be
                                                                                                                                                                                                       8.5"x11" when
                                                                                                                                                                                                      plotted. Scale(s)
                                                                                                                                                                                                        indicated and
                                                                                                                                                                                                    graphic quality may
                                                                                                                                                                                                    not be accurate for
                                                                                                                                                                                                       any other size.




                                                                                                                                                                                                            1148 & 1204 West Western Ave., Muskegon, Muskegon County MI 49441
                                                                                                                                                                                         Leesta Management, LLC

                                                                                                                                                                                                                                                                                Baseline Environmental Assessment
                                                                                                                                     SITE
 PLOT INFO: Z:\2020\201515\CAD\GIS\mapdoc\FIG01_LocationMap.mxd Date: 5/25/2021 1:59:36 PM User: bahannah




                                                                                                                                                                                                     PROJECT NO.
                                                                                                                                                                                                          201515

                                                                                                                                                       LOCATION MAP                                    FIGURE NO.

                                                                                                                                                                         FEET

                                                                                                            Packet Page 153
                                                                                                                                            NORTH   0      1,000     2,000
                                                                                                                                              © OpenStreetMap (and) contributors, CC-BY-SA                               1
©Copyright 2021 All Rights Reserved
                   Figure 2
                  Site Layout Map




Packet Page 154
                                                                                                            LEGEND

                                                                                                                           Approximate Property Boundary




                                                                                                                                                                                                                                         Hard copy is
                                                                                                                                                                                                                                       intended to be
                                                                                                                                                                                                                                       8.5"x11" when
                                                                                                                                                                                                                                      plotted. Scale(s)
                                                                                                                                                                                                                                        indicated and
                                                                                                                                                                                                                                    graphic quality may
                                                                                                                                                                                                                                    not be accurate for
                                                                                                                                                                                                                                       any other size.




                                                                                                                                                                                                                                            1148 & 1204 West Western Ave., Muskegon, Muskegon County MI 49441
                                                                                                                                                                                                                         Leesta Management, LLC

                                                                                                                                                                                                                                                                                                                Baseline Environmental Assessment
PLOT INFO: Z:\2020\201515\CAD\GIS\mapdoc\FIG03_SiteMap.mxd Date: 5/25/2021 2:03:18 PM User: bahannah




                                                                                                                                                                                                                                     PROJECT NO.
                                                                                                                                                                                                                                          201515
                                                                                                                                                                                               SITE MAP
                                                                                                                                                           Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus
                                                                                                                                                                                                                                       FIGURE NO.
                                                                                                                                                           DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community,
                                                                                                                                                           Esri, HERE, Garmin, (c) OpenStreetMap contributors, Esri, HERE,
                                                                                                                                                                                                                      FEET
                                                                                                                                                           Garmin, (c) OpenStreetMap
                                                                                                                                                           community
                                                                                                                                                                                    NORTH        0 and the150
                                                                                                                                                                                      contributors,        GIS user300
                                                                                                                                                                                                                                                                2
                                                                                                         Packet Page 155
                                                                                                       ©Copyright 2021 All Rights Reserved
                          Table 1
                  Tax Increment Revenue Capture




Packet Page 156
 Table 1 - Estimate of Total Incremental Taxes Available for Capture                                                                                                                                                                                   1 of 3
 1148 and 1204 West Western Avenue, Muskegon, Muskegon County, Michigan




                   Estimated Taxable Value (TV) Increase Rate:     1%

                                                       Plan Year              0               1             2                 3            4            5           6            7             8            9            10
                                                   Calendar Year            2021            2022          2023              2024         2025         2026        2027         2028          2029         2030         2031
                                              Base Taxable Value        $    903,810 $        903,810 $    903,810 $          903,810 $   903,810 $    903,810 $    903,810 $    903,810 $     903,810 $    903,810 $    903,810
                                               Estimated New TV         $          - $      1,750,000   $14,875,000        $42,875,000 $43,303,750  $43,736,788  $44,174,155  $44,615,897 $ 45,062,056 $ 45,512,676 $ 45,967,803
                    Incremental Difference (New TV - Base TV)1          $       -       $    846,190 $ 13,971,190 $        41,971,190 $ 42,399,940 $ 42,832,978 $ 43,270,345 $            43,712,087 $ 44,158,246 $ 44,608,866 $ 45,063,993

 School Capture                             Millage Rate
 State Education Tax (SET)                        6.00000               $       -       $        -       $    83,827 $        251,827 $   254,400 $         256,998 $       259,622 $        262,273 $       264,949 $       267,653 $       270,384
 School Operating Tax                            17.98380               $       -       $        -       $   251,255 $        754,801 $   762,512 $         770,300 $       778,165 $        786,109 $       794,133 $       802,237 $       810,422
                             School Total        23.9838                $       -       $        -       $   335,082 $      1,006,629 $ 1,016,912 $       1,027,298 $     1,037,787 $      1,048,382 $     1,059,083 $     1,069,890 $     1,080,806

 Local Capture                              Millage Rate
 County Museum                                    0.32200               $           -   $            -   $     4,499   $       13,515   $    13,653   $      13,792   $      13,933   $       14,075   $      14,219   $      14,364   $      14,511
 County Veterans                                  0.07150               $           -   $            -   $       999   $        3,001   $     3,032   $       3,063   $       3,094   $        3,125   $       3,157   $       3,190   $       3,222
 Senior Citzens Services                          0.49990               $           -   $            -   $     6,984   $       20,981   $    21,196   $      21,412   $      21,631   $       21,852   $      22,075   $      22,300   $      22,527
 Central Dispatch                                 0.29999               $           -   $            -   $     4,191   $       12,591   $    12,720   $      12,849   $      12,981   $       13,113   $      13,247   $      13,382   $      13,519
 Community College                                2.20340               $           -   $            -   $    30,784   $       92,479   $    93,424   $      94,378   $      95,342   $       96,315   $      97,298   $      98,291   $      99,294
 M.A.I.S.D                                        4.75410               $           -   $            -   $    66,420   $      199,535   $   201,574   $     203,632   $     205,712   $      207,812   $     209,933   $     212,075   $     214,239
 City Operating                                  10.07540               $           -   $            -   $   140,765   $      422,877   $   427,196   $     431,559   $     435,966   $      440,417   $     444,912   $     449,452   $     454,038
 City Sanitation                                  2.99790               $           -   $            -   $    41,884   $      125,825   $   127,111   $     128,409   $     129,720   $      131,044   $     132,382   $     133,733   $     135,097
 Hackley Library                                  2.39970               $           -   $            -   $    33,527   $      100,718   $   101,747   $     102,786   $     103,836   $      104,896   $     105,967   $     107,048   $     108,140
 MPS Sinking                                      0.99810               $           -   $            -   $    13,945   $       41,891   $    42,319   $      42,752   $      43,188   $       43,629   $      44,074   $      44,524   $      44,978
 County Operating                                 5.69780               $           -   $            -   $    79,605   $      239,143   $   241,586   $     244,054   $     246,546   $      249,063   $     251,605   $     254,172   $     256,766
                              Local Total        30.3198                $       -       $        -       $   423,604   $    1,272,558   $ 1,285,557   $   1,298,687   $   1,311,948   $    1,325,341   $   1,338,869   $   1,352,531   $   1,366,331

 Non-Capturable Millages                    Millage Rate
 Community College Debt                           0.34000               $         - $              - $         4,750   $      14,270    $    14,416   $     14,563    $     14,712    $      14,862    $     15,014    $     15,167    $     15,322
 Hackley Debt                                     0.45320               $         - $              - $         6,332   $      19,021    $    19,216   $     19,412    $     19,610    $      19,810    $     20,013    $     20,217    $     20,423
 MPS Debt - 1995                                  3.86000               $         - $              - $        53,929   $     162,009    $   163,664   $    165,335    $    167,024    $     168,729    $    170,451    $    172,190    $    173,947
 MPS Debt - 2009                                  3.50000               $         -                  $        48,899   $     146,899    $   148,400   $    149,915    $    151,446    $     152,992    $    154,554    $    156,131    $    157,724
          Total Non-Capturable Taxes              8.1532                $       -   $            -   $       113,910   $     342,200    $   345,695   $    349,226    $    352,792    $     356,393    $    360,031    $    363,705    $    367,416



 1
 Assumes 1% annual increase for inflation
     Total Tax Increment Revenue (TIR) Available for Capture            $           - $              - $     758,686 $      2,279,186 $ 2,302,469 $       2,325,984 $     2,349,735 $      2,373,723 $     2,397,951 $     2,422,422 $     2,447,137

 Notes-
 Table 2 assumes incremental annual investment with
 project completion in 2025.

 For the purpose of Table 2 the new taxable value is
 estimated based on 50% of a total overall investment
 of $85,000,000



Packet  Page 157
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 Table 1 - Estimate of Total Incremental Taxes Available for Capture                                                                                                                                                                                      2 of 3
 1148 and 1204 West Western Avenue, Muskegon, Muskegon County, Michigan




                   Estimated Taxable Value (TV) Increase Rate:

                                                       Plan Year     11           12           13           14           15           16           17           18           19          20           21           22
                                                   Calendar Year   2032         2033         2034         2035         2036         2037         2038         2039         2040         2041         2042         2043
                                              Base Taxable Value $   903,810 $    903,810 $    903,810 $    903,810 $    903,810 $    903,810 $    903,810 $    903,810 $    903,810 $    903,810 $    903,810 $    903,810
                                               Estimated New TV $ 46,427,481 $ 46,891,756 $ 47,360,674 $ 47,834,280 $ 48,312,623 $ 48,795,749 $ 49,283,707 $ 49,776,544 $ 50,274,309 $ 50,777,052 $ 51,284,823 $ 51,797,671
                    Incremental Difference (New TV - Base TV)1 $ 45,523,671 $ 45,987,946 $ 46,456,864 $ 46,930,470 $ 47,408,813 $ 47,891,939 $ 48,379,897 $ 48,872,734 $ 49,370,499 $ 49,873,242 $ 50,381,013 $ 50,893,861

 School Capture                             Millage Rate
 State Education Tax (SET)                        6.00000        $     273,142 $       275,928 $       278,741 $       281,583 $       284,453 $       287,352 $       290,279 $       293,236 $       296,223 $       299,239 $       302,286 $       305,363
 School Operating Tax                            17.98380        $     818,689 $       827,038 $       835,471 $       843,988 $       852,591 $       861,279 $       870,054 $       878,917 $       887,869 $       896,910 $       906,042 $       915,265
                             School Total        23.9838         $   1,091,831 $     1,102,966 $     1,114,212 $     1,125,571 $     1,137,043 $     1,148,631 $     1,160,334 $     1,172,154 $     1,184,092 $     1,196,150 $     1,208,328 $     1,220,628

 Local Capture                              Millage Rate
 County Museum                                    0.32200        $      14,659   $      14,808   $      14,959   $      15,112   $      15,266   $      15,421   $      15,578   $      15,737   $      15,897   $      16,059   $      16,223   $      16,388
 County Veterans                                  0.07150        $       3,255   $       3,288   $       3,322   $       3,356   $       3,390   $       3,424   $       3,459   $       3,494   $       3,530   $       3,566   $       3,602   $       3,639
 Senior Citzens Services                          0.49990        $      22,757   $      22,989   $      23,224   $      23,461   $      23,700   $      23,941   $      24,185   $      24,431   $      24,680   $      24,932   $      25,185   $      25,442
 Central Dispatch                                 0.29999        $      13,657   $      13,796   $      13,937   $      14,079   $      14,222   $      14,367   $      14,513   $      14,661   $      14,811   $      14,961   $      15,114   $      15,268
 Community College                                2.20340        $     100,307   $     101,330   $     102,363   $     103,407   $     104,461   $     105,525   $     106,600   $     107,686   $     108,783   $     109,891   $     111,010   $     112,140
 M.A.I.S.D                                        4.75410        $     216,424   $     218,631   $     220,861   $     223,112   $     225,386   $     227,683   $     230,003   $     232,346   $     234,712   $     237,102   $     239,516   $     241,955
 City Operating                                  10.07540        $     458,669   $     463,347   $     468,071   $     472,843   $     477,663   $     482,530   $     487,447   $     492,412   $     497,428   $     502,493   $     507,609   $     512,776
 City Sanitation                                  2.99790        $     136,475   $     137,867   $     139,273   $     140,693   $     142,127   $     143,575   $     145,038   $     146,516   $     148,008   $     149,515   $     151,037   $     152,575
 Hackley Library                                  2.39970        $     109,243   $     110,357   $     111,483   $     112,619   $     113,767   $     114,926   $     116,097   $     117,280   $     118,474   $     119,681   $     120,899   $     122,130
 MPS Sinking                                      0.99810        $      45,437   $      45,901   $      46,369   $      46,841   $      47,319   $      47,801   $      48,288   $      48,780   $      49,277   $      49,778   $      50,285   $      50,797
 County Operating                                 5.69780        $     259,385   $     262,030   $     264,702   $     267,400   $     270,126   $     272,879   $     275,659   $     278,467   $     281,303   $     284,168   $     287,061   $     289,983
                              Local Total        30.3198         $   1,380,268   $   1,394,345   $   1,408,562   $   1,422,922   $   1,437,425   $   1,452,074   $   1,466,868   $   1,481,811   $   1,496,903   $   1,512,146   $   1,527,542   $   1,543,091

 Non-Capturable Millages                    Millage Rate
 Community College Debt                           0.34000        $     15,478    $     15,636    $     15,795    $     15,956    $     16,119    $     16,283    $     16,449    $     16,617    $     16,786    $     16,957    $     17,130    $     17,304
 Hackley Debt                                     0.45320        $     20,631    $     20,842    $     21,054    $     21,269    $     21,486    $     21,705    $     21,926    $     22,149    $     22,375    $     22,603    $     22,833    $     23,065
 MPS Debt - 1995                                  3.86000        $    175,721    $    177,513    $    179,323    $    181,152    $    182,998    $    184,863    $    186,746    $    188,649    $    190,570    $    192,511    $    194,471    $    196,450
 MPS Debt - 2009                                  3.50000        $    159,333    $    160,958    $    162,599    $    164,257    $    165,931    $    167,622    $    169,330    $    171,055    $    172,797    $    174,556    $    176,334    $    178,129
          Total Non-Capturable Taxes              8.1532         $    371,164    $    374,949    $    378,772    $    382,634    $    386,534    $    390,473    $    394,451    $    398,469    $    402,528    $    406,627    $    410,766    $    414,948



 1
 Assumes 1% annual increase for inflation
     Total Tax Increment Revenue (TIR) Available for Capture $       2,472,099 $     2,497,311 $     2,522,774 $     2,548,493 $     2,574,469 $     2,600,704 $     2,627,202 $     2,653,965 $     2,680,995 $     2,708,296 $     2,735,870 $     2,763,719

 Notes-
 Table 2 assumes incremental annual investment with
 project completion in 2025.

 For the purpose of Table 2 the new taxable value is
 estimated based on 50% of a total overall investment
 of $85,000,000



Packet  Page 158
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 Table 1 - Estimate of Total Incremental Taxes Available for Capture                                                                                                                                            3 of 3
 1148 and 1204 West Western Avenue, Muskegon, Muskegon County, Michigan




                   Estimated Taxable Value (TV) Increase Rate:

                                                       Plan Year    23           24           25           26           27           28           29           30         TOTAL
                                                   Calendar Year   2044         2045         2046         2047         2048         2049         2050         2051
                                              Base Taxable Value $   903,810 $    903,810 $    903,810 $    903,810 $    903,810 $    903,810 $    903,810 $    903,810 $       -
                                               Estimated New TV $ 52,315,648 $ 52,838,804 $ 53,367,192 $ 53,900,864 $ 54,439,873 $ 54,984,272 $ 55,534,115 $ 56,089,456 $       -
                    Incremental Difference (New TV - Base TV)1 $ 51,411,838 $ 51,934,994 $ 52,463,382 $ 52,997,054 $ 53,536,063 $ 54,080,462 $ 54,630,305 $ 55,185,646 $                                    -

 School Capture                             Millage Rate
 State Education Tax (SET)                        6.00000        $     308,471 $       311,610 $       314,780 $       317,982 $       321,216 $       324,483 $       327,782 $       331,114 $ 8,197,197
 School Operating Tax                            17.98380        $     924,580 $       933,989 $       943,491 $       953,088 $       962,782 $       972,572 $       982,460 $       992,448 $ 24,569,459
                             School Total        23.9838         $   1,233,051 $     1,245,599 $     1,258,271 $     1,271,071 $     1,283,998 $     1,297,055 $     1,310,242 $     1,323,561 $ 32,766,656

 Local Capture                              Millage Rate
 County Museum                                    0.32200        $      16,555   $      16,723   $      16,893   $      17,065   $      17,239   $      17,414   $      17,591   $      17,770   $    439,916
 County Veterans                                  0.07150        $       3,676   $       3,713   $       3,751   $       3,789   $       3,828   $       3,867   $       3,906   $       3,946   $     97,683
 Senior Citzens Services                          0.49990        $      25,701   $      25,962   $      26,226   $      26,493   $      26,763   $      27,035   $      27,310   $      27,587   $    682,963
 Central Dispatch                                 0.29999        $      15,423   $      15,580   $      15,738   $      15,899   $      16,060   $      16,224   $      16,389   $      16,555   $    409,846
 Community College                                2.20340        $     113,281   $     114,434   $     115,598   $     116,774   $     117,961   $     119,161   $     120,372   $     121,596   $ 3,010,284
 M.A.I.S.D                                        4.75410        $     244,417   $     246,904   $     249,416   $     251,953   $     254,516   $     257,104   $     259,718   $     262,358   $ 6,495,049
 City Operating                                  10.07540        $     517,995   $     523,266   $     528,590   $     533,967   $     539,397   $     544,882   $     550,422   $     556,017   $ 13,765,007
 City Sanitation                                  2.99790        $     154,128   $     155,696   $     157,280   $     158,880   $     160,496   $     162,128   $     163,776   $     165,441   $ 4,095,730
 Hackley Library                                  2.39970        $     123,373   $     124,628   $     125,896   $     127,177   $     128,470   $     129,777   $     131,096   $     132,429   $ 3,278,469
 MPS Sinking                                      0.99810        $      51,314   $      51,836   $      52,364   $      52,896   $      53,434   $      53,978   $      54,527   $      55,081   $ 1,363,604
 County Operating                                 5.69780        $     292,934   $     295,915   $     298,926   $     301,967   $     305,038   $     308,140   $     311,273   $     314,437   $ 7,784,332
                              Local Total        30.3198         $   1,558,796   $   1,574,658   $   1,590,679   $   1,606,860   $   1,623,202   $   1,639,708   $   1,656,379   $   1,673,217   $ 41,422,883

 Non-Capturable Millages                    Millage Rate
 Community College Debt                           0.34000        $     17,480    $     17,658    $     17,838    $     18,019    $     18,202    $     18,387    $     18,574    $     18,763    $    464,508
 Hackley Debt                                     0.45320        $     23,300    $     23,537    $     23,776    $     24,018    $     24,263    $     24,509    $     24,758    $     25,010    $    619,162
 MPS Debt - 1995                                  3.86000        $    198,450    $    200,469    $    202,509    $    204,569    $    206,649    $    208,751    $    210,873    $    213,017    $ 5,273,530
 MPS Debt - 2009                                  3.50000        $    179,941    $    181,772    $    183,622    $    185,490    $    187,376    $    189,282    $    191,206    $    193,150    $ 4,781,698
          Total Non-Capturable Taxes              8.1532         $    419,171    $    423,436    $    427,744    $    432,096    $    436,490    $    440,929    $    445,412    $    449,940    $ 11,138,898



 1
 Assumes 1% annual increase for inflation
     Total Tax Increment Revenue (TIR) Available for Capture $       2,791,847 $     2,820,257 $     2,848,950 $     2,877,930 $     2,907,200 $     2,936,763 $     2,966,622 $     2,996,779 $ 74,189,539

 Notes-
 Table 2 assumes incremental annual investment with
 project completion in 2025.

 For the purpose of Table 2 the new taxable value is
 estimated based on 50% of a total overall investment
 of $85,000,000



Packet  Page 159
 Z:\2020\201515\WORK\Rept\Brownfield Plan Amendment\2023 2nd Amendment\TB 1 TBL02 and TBL03_TIF_ Adelaide rev 22823.xlsx
                       Table 2
      Tax Increment Revenue Reimbursement Allocation




Packet Page 160
Table 2 - Estimate of Total Incremental Taxes Available for Reimbursement                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  1 of 1
1148 1204 West Western Avenue, Muskegon, Muskegon County, Michigan



                                                                              Developer
                                                         Proportionality      Maximum          School &
                                                                           Reimbursement      Local Taxes                                                                                                                                                                                                                                                                                                                                                                                                                                                           Estimated Developer Capture           $   45,337,986
                                                              44.1%              State        $ 13,953,983 $                0                                                                                                                                                                                                                                                                                                                                                                                                                                       Estimated City of Muskegon Capture    $            -
                                                              55.9%              Local         31,384,003                                   Estimated Years of Capture: 29 years                                                                                                                                                                                                                                                                                                                                                                                    BRA Administrative Fee                $     290,000
                                                                                TOTAL         $ 45,337,986                                                                                                                                                                                                                                                                                                                                                                                                                                                          State Brownfield Redevelopment Fund   $    4,098,599
                                                                                 EGLE         $ 365,354                                                                                                                                                                                                                                                                                                                                                                                                                                                             Local Brownfield Revolving Fund       $   11,967,816
                                                                                 MSF          $32,568,232
                                                                                 Local Only   $ 12,404,400

                                                                                                                 2021             2022           2023             2024              2025          2026          2027          2028         2029        2030        2031        2032        2033        2034        2035        2036        2037                              2038         2039        2040        2041        2042        2043        2044        2045        2046        2047        2048        2049        2050        2051       TOTAL
Total State Incremental Revenue                                                                              $              - $           - $      335,082 $      1,006,629 $       1,016,912 $   1,027,298 $   1,037,787 $   1,048,382 $ 1,059,083 $ 1,069,890 $ 1,080,806 $ 1,091,831 $ 1,102,966 $ 1,114,212 $ 1,125,571 $ 1,137,043 $ 1,148,631 $                        1,160,334 $ 1,172,154 $ 1,184,092 $ 1,196,150 $ 1,208,328 $ 1,220,628 $ 1,233,051 $ 1,245,599 $ 1,258,271 $ 1,271,071 $ 1,283,998 $ 1,297,055 $ 1,310,242 $ 1,323,561 $ 32,766,656
State Brownfield Redevelopment Fund (50% of SET)                                                             $              - $           - $       41,914 $        125,914 $         127,200 $     128,499 $     129,811 $     131,136 $   132,475 $   133,827 $   135,192 $   136,571 $   137,964 $   139,371 $   140,791 $   142,226 $   143,676 $                          145,140 $   146,618 $   148,111 $   149,620 $   151,143 $   152,682 $   154,236 $   155,805 $   157,390 $   158,991 $   160,608 $   162,241 $   163,891 $   165,557 $ 4,098,599
State TIR Available for Reimbursement                                                                        $              - $           - $      293,169 $        880,715 $         889,712 $     898,799 $     907,976 $     917,246 $   926,608 $   936,064 $   945,614 $   955,260 $   965,002 $   974,842 $   984,780 $   994,817 $ 1,004,955 $                        1,015,194 $ 1,025,536 $ 1,035,981 $ 1,046,530 $ 1,057,185 $ 1,067,947 $ 1,078,816 $ 1,089,794 $ 1,100,881 $ 1,112,080 $ 1,123,390 $ 1,134,814 $ 1,146,351 $ 1,158,005 $ 28,668,058

Total Local Incremental Revenue                                                                              $              - $           - $       423,604 $      1,272,558 $      1,285,557 $   1,298,687 $   1,311,948 $    1,325,341 $ 1,338,869 $ 1,352,531 $ 1,366,331 $ 1,380,268 $ 1,394,345 $ 1,408,562 $ 1,422,922 $ 1,437,425 $ 1,452,074 $                       1,466,868 $ 1,481,811 $ 1,496,903 $ 1,512,146 $ 1,527,542 $ 1,543,091 $ 1,558,796 $ 1,574,658 $ 1,590,679 $ 1,606,860 $ 1,623,202 $ 1,639,708 $ 1,656,379 $ 1,673,217 $ 41,422,883
BRA Administrative Fee                                                                                       $              -               $        10,000 $         10,000 $         10,000 $      10,000 $      10,000 $       10,000 $    10,000 $    10,000 $    10,000 $    10,000 $    10,000 $    10,000 $    10,000 $    10,000 $    10,000 $                          10,000 $    10,000 $    10,000 $    10,000 $    10,000 $    10,000 $    10,000 $    10,000 $    10,000 $    10,000 $    10,000 $    10,000 $    10,000 $    10,000 $    290,000
Local TIR Available for Reimbursement                                                                        $              - $           - $       413,604 $      1,262,558 $      1,275,557 $   1,288,687 $   1,301,948 $    1,315,341 $ 1,328,869 $ 1,342,531 $ 1,356,331 $ 1,370,268 $ 1,384,345 $ 1,398,562 $ 1,412,922 $ 1,427,425 $ 1,442,074 $                       1,456,868 $ 1,471,811 $ 1,486,903 $ 1,502,146 $ 1,517,542 $ 1,533,091 $ 1,548,796 $ 1,564,658 $ 1,580,679 $ 1,596,860 $ 1,613,202 $ 1,629,708 $ 1,646,379 $ 1,663,217 $ 41,132,883

Total State & Local TIR Available                                                                            $              - $           - $       706,772 $      2,143,273 $      2,165,269 $   2,187,486 $   2,209,924 $    2,232,587 $ 2,255,477 $ 2,278,595 $ 2,301,945 $ 2,325,528 $ 2,349,347 $ 2,373,404 $ 2,397,702 $ 2,422,242 $ 2,447,028 $                       2,472,062 $ 2,497,347 $ 2,522,884 $ 2,548,676 $ 2,574,727 $ 2,601,038 $ 2,627,612 $ 2,654,452 $ 2,681,560 $ 2,708,939 $ 2,736,592 $ 2,764,522 $ 2,792,731 $ 2,821,222 $ 69,800,941

                                                                               Beginning
DEVELOPER                                                                       Balance
Developer Reimbursement Balance                                            $     45,337,986                  $              - $   13,640,735 $   24,906,510 $     36,503,115 $ 35,826,374 $ 34,755,285 $ 36,266,681 $         34,034,094 $ 31,778,617 $ 29,500,022 $ 27,198,077 $ 24,872,550 $ 22,523,203 $ 20,149,799 $ 17,752,097 $ 15,329,855 $ 12,882,827 $ 11,425,958 $ 9,954,147 $ 8,467,244 $ 6,965,098 $ 5,447,556 $ 3,914,465 $ 2,365,669 $               801,011 $         - $        - $          - $         - $         - $         -




Pre-Approved Environmental Costs                                           $        365,354                  $              - $     365,354 $       365,354   $              -
    State Tax Reimbursement                                                $        293,169                  $          -                   $       293,169   $          -                                                                                                                                                                                                                                                                                                                                                                           $    293,169
    Local Tax Reimbursement                                                $         72,185                  $          -                   $        72,185   $          -                                                                                                                                                                                                                                                                                                                                                                           $     72,185
    Interest (5%)                                                          $         18,268                  $          -     $      18,268 $           -     $          -                                                                                                                                                                                                                                                                                                                                                                           $     18,268
    Total EGLE Reimbursement Balance**                                                                       $              - $     365,354 $             -   $              -                                                                                                                                                                                                                                                                                                                                                                       $        -

Non Environmental Costs                                                    $     32,568,232                  $              - $   13,027,293 $   22,797,762   $   32,568,232     $ 30,424,959 $ 28,259,690   $ 26,072,205 $   23,862,281   $ 21,629,694   $ 19,374,217   $ 17,095,622   $ 14,793,677   $ 12,468,150   $ 10,118,803   $ 7,745,399 $ 5,347,697 $ 2,925,455 $    478,427
   State Tax Reimbursement                                                 $     13,660,814                                                  $            -   $      880,715     $    889,712 $    898,799   $    907,976 $      917,246   $    926,608   $    936,064   $    945,614   $    955,260   $    965,002   $    974,842   $   984,780 $   994,817 $ 1,004,955 $    478,427                                                                                                                                                                $ 13,660,814
   Local Tax Reimbursement                                                 $     18,907,418                  $          -                    $          -     $    1,262,558     $ 1,275,557 $ 1,288,687     $ 1,301,948 $     1,315,341   $ 1,328,869    $ 1,342,531    $ 1,356,331    $ 1,370,268    $ 1,384,345    $ 1,398,562    $ 1,412,922 $ 1,427,425 $ 1,442,074 $        -                                                                                                                                                                  $ 18,907,418
   Total Non Environmental Reimbursement Balance**                                                           $              - $   13,027,293 $   22,797,762   $   30,424,959     $ 28,259,690 $ 26,072,205   $ 23,862,281 $   21,629,694   $ 19,374,217   $ 17,095,622   $ 14,793,677   $ 12,468,150   $ 10,118,803   $ 7,745,399    $ 5,347,697 $ 2,925,455 $   478,427 $          - $         -                                                                                                                                                    $          -

Local Only Costs                                                           $     12,404,400                  $            - $       248,088 $     2,108,748 $      6,078,156 $      7,566,684 $   8,683,080 $ 12,404,400 $    12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 11,425,958 $ 9,954,147 $ 8,467,244 $ 6,965,098 $ 5,447,556 $ 3,914,465 $ 2,365,669 $              801,011
   Local Tax Reimbursement                                                 $     12,404,400                  $          -   $           -   $           -   $            -   $            -   $         -   $        -   $           -   $        -   $        -   $        -   $        -                $        -   $        -   $        -   $        -   $    978,442 $ 1,471,811 $ 1,486,903 $ 1,502,146 $ 1,517,542 $ 1,533,091 $ 1,548,796 $ 1,564,658 $               801,011                                                               $ 12,404,400
   Interest (5%)                                                           $      2,467,057                  $          -                                                                                                                                                                                                                                     $    571,298 $    497,707 $   423,362 $   348,255 $   272,378 $   195,723 $   118,283 $    40,051 $                  -                                                                 $ 2,467,057
   Total Non Environmental Reimbursement Balance**                                                           $            - $       248,088 $     2,108,748 $      6,078,156 $      7,566,684 $   8,683,080 $ 12,404,400 $    12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 12,404,400 $ 11,425,958 $ 9,954,147 $ 8,467,244 $ 6,965,098 $ 5,447,556 $ 3,914,465 $ 2,365,669 $    801,011 $                    -                                                               $          -
Total Annual Developer Reimbursement                                                                         $              - $           - $       365,354 $      2,143,273 $      2,165,269 $   2,187,486 $   2,209,924 $    2,232,587 $ 2,255,477 $ 2,278,595 $ 2,301,945 $ 2,325,528 $ 2,349,347 $ 2,373,404 $ 2,397,702 $ 2,422,242 $ 2,447,028 $                       1,456,868 $ 1,471,811 $ 1,486,903 $ 1,502,146 $ 1,517,542 $ 1,533,091 $ 1,548,796 $ 1,564,658 $   801,011                                                               $ 45,337,986



LOCAL BROWNFIELD REVOLVING FUND
LBRF Deposits *
      State Tax Capture                                                    $      4,701,999                                                                                                                                                                                                                                                                              $    536,767 $ 1,025,536 $ 1,035,981 $ 1,046,530 $ 1,057,185                                                                                                                $ 4,701,999
      Local Tax Capture                                                    $      7,265,817                                                                                                                                                                                                                                                                                                                                                                                $   779,668 $ 1,596,860 $ 1,613,202 $ 1,629,708 $ 1,646,379               $ 7,265,817
      Total LBRF Capture                                                   $     11,967,816                                                                                                                                                                                                                                                                                                                                                                                                                                                          $ 11,967,816
 * Up to five years of capture for LBRF Deposits after
eligible activities are reimbursed
 ** 5% Interest Included




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                    Attachment A
                  Brownfield Plan Resolution(s)




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 City of Muskegon
 Brownfield Redevelopment Authority

 Amendment to Brownfield Plan Amendment for the
 Adelaide Pointe Project at
 1204 West Western Avenue
 Muskegon, Michigan


 Initial Brownfield Plan Amendment Approved by the City of Muskegon
                                                                         October 12, 2021
 Brownfield Redevelopment Authority

 Initial Brownfield Plan Amendment Approved by the City of Muskegon Board October 26, 2021
 of Commissioners


 Amendment to Brownfield Plan Amendment Approved by the City of
 Muskegon Brownfield Redevelopment Authority

 Amendment to Brownfield Plan Amendment Approved by the City of
 Muskegon Board of Commissioners


 Prepared with the assistance of:
 Fishbeck
 1515 Arboretum Drive SE
 Grand Rapids, Michigan 49546
 616-464-3876




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 1.0    Introduction ...................................................................................................................................................1
        1.1     Proposed Redevelopment and Future Use for the Eligible Property ................................................1
        1.2     Eligible Property Information ............................................................................................................2

 2.0    Information Required by Section 13(2) of the Statute ...................................................................................2
        2.1    Description of Costs to Be Paid for With Tax Increment Revenues ..................................................2
        2.2    Summary of Eligible Activities ...........................................................................................................4
        2.3    Estimate of Captured Taxable Value and Tax Increment Revenues ..................................................5
        2.4    Maximum Amount of Note or Bonded Indebtedness .......................................................................5
        2.5    Duration of Brownfield Plan..............................................................................................................5
        2.6    Estimated Impact of Tax Increment Financing on Revenues of Taxing Jurisdiction ..........................5
        2.7    Legal Description, Property Map, Statement of Qualifying Characteristics and Personal Property..5
        2.8    Estimates of Residents and Displacement of Individuals/Families....................................................5
        2.9    Plan for Relocation of Displaced Persons..........................................................................................6
        2.10 Provisions for Relocation Costs .........................................................................................................6
        2.11 Strategy for Compliance with Michigan’s Relocation Assistance Law...............................................6
        2.12 Other Material that the Authority or Governing Body Considers Pertinent .....................................6

 List of Figures
 Figure 1 – Location Map
 Figure 2 – Site Layout Map

 List of Tables
 Table 1 – Tax Increment Revenue Capture
 Table 2 – Tax Increment Revenue Reimbursement Allocation

 List of Attachments
 Attachment A       Resolution(s)
 Attachment B       Conceptual Renderings
 Attachment C       Environmental Data Tables and Exceedance Map
 Attachment D       Reimbursement Agreement




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 1.0              Introduction
 The City of Muskegon Brownfield Redevelopment Authority (the “Authority” or MBRA) was established by the City
 of Muskegon pursuant to the Brownfield Redevelopment Financing Act, Michigan Public Act 381 of 1996, as
 amended (“Act 381”). The primary purpose of Act 381 is to encourage the redevelopment of eligible property by
 providing economic development incentives through tax increment financing for certain eligible properties.
 On October 26, 2021, the City of Muskegon (the “City”) approved a Brownfield Plan Amendment (BPA) to
 incorporate 1148 and 1204 West Western Avenue (“Eligible Property”, “Site”, or “Property”) into the City’s
 existing Brownfield Plan. The BPA detailed redevelopment plans for a five-phase redevelopment at the Eligible
 Property, including eligible activity costs and related reimbursement through local-only tax increment financing.
 This amendment to the BPA has been prepared to add state school tax capture for reimbursement of costs
 related to Michigan Strategic Fund (MSF) eligible activities during the first three immediate phases of
 redevelopment. Future amendments to this amended BPA may be pursued for phases four and five of the
 development. See Attachment A for copies of amended BPA resolutions.

 1.1              Proposed Redevelopment and Future Use for the Eligible Property
 The Developer, Adelaide Pointe QOZB, LLC, is proposing to redevelop a former industrial site located at 1204
 West Western Avenue (1148 & 1204 West Western Avenue are now combined), Muskegon, Michigan. Figures 1
 and 2 depict the Eligible Property location and layout.

 Redevelopment consists of five phases that are anticipated to be completed by 2030. Phases one through three
 are the focus of this amended BPA. Development phasing is described below:

           Development Phase                                                            Anticipated/Actual              Desired/Actual
                                                                                        Start Date                      Completion Date

           Phase I – Revitalize existing buildings for boat                                Spring/Summer                        Spring 2022
           storage                                                                              2021

           Phase II – Construction of marina, mixed-use                                       Spring 2023                   Fall/Winter 2024
           building, boater services building*

           Phase III – Construction of 55-unit residential condo                              Spring 2023                   Fall/Winter 2024
           building*

           Phase IV – Construction of hotel and 50 boat                                       Spring 2024                            Fall 2027
           storage units and warehouse

           Phase V – Construction of residential condos                                       Spring 2025                            Fall 2030

 Phases one through three include revitalizing the existing site structures for boat storage, business offices, and
 lease space (approx. 218,000 sf); creation of a new 280 slip marina and construction of a new three-story, mixed-
 use building with ground level retail and office space (approximately 14,700 gross sf), a second-floor restaurant
 (approximately 3,700 sf), and third floor deck area (approx. 3,700 sf) (the “Project”). The Project will also create
 an approximately 4,300 sf boater services and a 55 unit 4-story (90,000 gross sf) residential condo building. The
 Project will create a walkable community that incorporates public access to waterfront activities (e.g., swimming,



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 fishing, boating), inviting greenspace areas, and transient docking. Sustainable development techniques are
 proposed throughout the Project, including mass timber construction, solar boardwalks and roof systems, electric
 vehicle charging stations, low-impact development stormwater management, and integrated parking. Total
 private investment in Phases one through three, not including property acquisition, is approximately $85,000,000.
 The mixed-use waterfront development will create approximately 100 new jobs (retail, office, restaurant, marina)
 and provide contractor work for hundreds of temporary construction workers.

 In addition to environmental activities, this amendment to the BPA includes non-environmental eligible activities
 necessary to complete the Project. Non-environmental activities will include demolition, lead/asbestos
 abatement, site preparation and public infrastructure improvements. Public infrastructure improvements will
 include upgrades to the public utilities (water main, sanitary sewer, and storm sewer), public roadways, marina
 and solar docks. Site preparation activities will include specialized foundations, clearing and grubbing, dredging,
 compaction and sub-base preparation, cut and fill, excavation for unstable material, geotechnical engineering,
 grading/land balancing, relocation of utilities, temporary erosion controls, temporary site control, surveying and
 staking, architectural and engineering costs and mass grading.

 1.2              Eligible Property Information
 The 35-acre Property is located at the west end of West Western Avenue on the south shore of Muskegon Lake.
 Since the late 1800s, the Property has been utilized for industrial purposes, primarily a lumberyard followed by
 foundry operations. Based on a recent Phase II Environmental Site Assessment (ESA), completed in December
 2020, these past industrial uses have resulted in widespread contamination across the Property. Known
 contaminants in the soil with concentrations exceeding Michigan Department of Environment, Great Lakes, and
 Energy (EGLE) Part 201 Generic Residential Cleanup Criteria (GRCC) include tetrachloroethylene (PCE), arsenic,
 cadmium, chromium (total), copper, mercury, selenium, silver and zinc. Groundwater contaminants with
 concentrations identified above Part 201 GRCC consist of benzene, 2-methylnaphthalene, naphthalene, cadmium,
 chromium (total), copper, lead, mercury, and zinc.
 The Developer is not a liable party and completed a Baseline Environmental Assessment (BEA) in accordance with
 Part 201 of the Natural Resources and Environmental Protect Act, 1995 PA 451, as amended (NREPA).
 Given the known contamination, the Property is a “facility” pursuant to Part 201 of NREPA. As such, it is
 considered an “eligible property” as defined by the Michigan Redevelopment Financing Act, Act 381 of 1996.
 The location and layout of the Property are depicted in Figures 1 and 2. Environmental data tables and an
 exceedance map are provided in Attachment C.

 2.0              Information Required by Section 13(2) of the Statute
 2.1              Description of Costs to Be Paid for With Tax Increment Revenues
 Tax increment revenues will be used to reimburse the Developer and City, as applicable, for the following eligible
 activities.
 •     Pre-approved BEA, documentation of due care, asbestos/lead paint survey, and additional due care
       assessment
 •     Due care activities
 •     Asbestos, lead paint, and mold abatement
 •     Select building and site demolition
 •     Site preparation
 •     Infrastructure improvements (public)



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 •    15% contingency
 •    Brownfield Plan Amendment
 •    Brownfield Plan Amendment Implementation
 •    Interest

 The table below provides an eligible activity cost summary for the Project.



 EGLE Eligible Activities                                                                                                            Estimated Cost

        Department Specific Activities
 Pre-Approved Sub-Total                                                                                                                      $350,000
 BEA activities                                                                                                                               $52,000
 Documentation of due care                                                                                                                    $33,000
 Hazardous materials survey (e.g., asbestos, lead paint, etc.)                                                                                $20,000
 Due care assessment                                                                                                                         $245,000
                                                                             EGLE Eligible Activities Total Costs                            $350,000
 Interest (5%)                                                                                                                                 $15,354
 EGLE Eligible Costs Sub-Total                                                                                                               $365,354



                                                Summary of Eligible Activity Costs - Developer MSF

                                                                                                                      Estimated        Redevelopment
                                                                                                 Developer
                    MSF Eligible Activities                               Total Cost                                 Completion         Phase Related
                                                                                                   Cost
                                                                                                                      Schedule            to Activity

  Public Infrastructure Improvements Sub-Total                            $8,100,000             $8,100,000

  Public Parks (Linear Park, East Peninsula Park,                         $2,000,000             $2,000,000           2023-2024          Phase II & III
  Commuter Bike Path)

  Public Shopper Dock and Public Transient Dock                           $1,300,000             $1,300,000           2023-2024            Phase II

  Marina Basin- (breakwater system/public                                 $4,300,000             $4,300,000           2023-2024            Phase II
  access path)

  Solar Powered Docks                                                        $500,000              $500,000           2023-2024            Phase II

  Site Preparation Sub-Total                                              $6,750,000             $6,750,000

  Specialized Foundations                                                    $905,000              $905,000           2023-2024           Phase II-V




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  Clearing and Grubbing                                                      $300,000              $300,000           2023-2024       Phase II & III

  Dredging                                                                   $800,000              $800,000           2023-2024       Phase II & III

  Compaction and Sub-Base Preparation                                        $350,000              $350,000           2023-2024       Phase II & III

  Cut and Fill                                                               $300,000              $300,000           2023-2024          Phase II

  Excavation for Unstable Material                                             $70,000               $70,000          2023-2024       Phase II & III

  Fill                                                                       $850,000              $850,000           2023-2024       Phase II & III

  Geotechnical Engineering                                                   $180,000              $180,000           2023-2024      Phase I, II & III

  Grading/Land Balancing                                                  $1,550,000             $1,550,000           2023-2024       Phase II & III

  Relocation of Active Utilities                                             $350,000              $350,000           2023-2024       Phase II & III

  Temporary Erosion Controls                                                 $110,000              $110,000           2023-2024       Phase II & III

  Temporary Facility                                                         $165,000              $165,000           2023-2024       Phase II & III

  Temporary Site Control                                                     $195,000              $195,000           2023-2024       Phase II & III

  Surveying and Staking                                                      $125,000              $125,000           2023-2024       Phase II & III

  Architectural/Engineering Costs Related to                                 $500,000              $500,000           2023-2024       Phase II & III
  Eligible Activities

                       MSF Eligible Activities Sub-Total                 $14,850,000           $14,850,000

  Contingency (15 %)                                                      $2,227,500             $2,227,500                             Phase II-V

  Interest (5 %)*                                                         $7,281,564              $7281,564                             Phase I-V

  Brownfield Plan and Work Plan Preparation                                    $10,000               $10,000                             Phase I

  Brownfield   Plan                 and         Work          Plan             $10,000               $10,000                             Phase I
  Implementation

                     MSF Eligible Activities Total Costs                 $24,379,064           $24,379,064

            *Interest collected at a 5% rate and capped at less than $8,000,000




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                                 ELIGIBLE ACTIVITIES COST SUMMARY- City of Muskegon Activities

  MSF Eligible Non-Environmental Activities                              Total Cost            City of     Estimated                   Redevelopment
                                                                                            Muskegon Cost Completion                    Phase Related
                                                                                                           Schedule                        Activity

Public Infrastructure (sub-total)
                                                                        $6,743,620             $6,743,620
Public Roadways                                                         $4,000,000             $4,000,000             2023-2024           Phase II

West Western Avenue Reconfiguration-Roadway                             $1,023,620             $1,023,620             2023-2024           Phase II

Water Main                                                                 $850,000               $850,000            2023-2024           Phase II

Sanitary Sewer                                                             $600,000               $600,000            2023-2024           Phase II

Storm Sewer                                                                $270,000               $270,000            2023-2024           Phase II

Local Only Non-Environmental Activities Total
Costs                                                                   $6,743,620             $6,743,620

Interest (5%)
                                                                        $1,357,768             $1,357,768

Total City of Muskegon Bond Eligible Costs
                                                                        $8,101,388             $8,101,388



                                           LOCAL ONLY ELIGIBLE ACTIVITIES COST SUMMARY (Developer)

                                           Local Only Eligible Activities                                                            Estimated Cost

           Department Specific Activities

           Due Care Sub-Total                                                                                                          $3,250,000
           Vapor intrusion mitigation                                                                                                  $500,000
           Soil capping                                                                                                                $1,500,000
           Dewatering                                                                                                                  $250,000
           Contaminated Soil/Dredge Materials Removal and Disposal                                                                     $1,000,000

            Local Only Department Specific Activities Total Costs                                                                      $3,250,000

           Non-Environmental Activities




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           Asbestos, Lead based Paint and Mold Abatement                                                                             $250,000

           Demolition                                                                                                                $500,000

           Site Preparation (Sub-total)                                                                                              $3,160,000

           Specialized Foundations                                                                                                   $1,250,000

           Clearing and Grubbing                                                                                                     $150,000

           Compaction and Sub-Base Preparation                                                                                       $10,000

           Geotechnical Engineering                                                                                                  $50,000

           Relocation of Active Utilities                                                                                            $100,000

           Surveying & Staking                                                                                                       $100,000

           Architectural/Engineering Costs Related to Eligible Activities                                                            $1,500,000

           Public Infrastructure (Sub-total)                                                                                         $1,900,000

           Solar Powered Docks (public)                                                                                              $500,000

           Community Building/Clubhouse and Pool (Public)                                                                            $1,400,000

           Non-Environmental Local Only Eligible Costs                                                                               $5,810,000

           Contingency (15%)                                                                                                         $871,500

           Brownfield Plan/Act 381 Workplan Preparation                                                                              $10,000

           Interest (5%)*                                                                                                            $2,462,900

           Total EGLE and Non-Environmental Local Only Eligible Costs                                                                $12,404,400
            *5% Interest capture begins after MSF Non-Environmental Costs are reimbursed

 2.2              Summary of Eligible Activities
 Eligible activities as defined by Act 381 and included in this amended BPA consist of the following:
 Pre-Approved Activities: These activities are permitted to occur prior to amended BPA approval. Preparation of a
 Phase I ESA, BEA and Documentation of Due Care Compliance were necessary to protect the new Property
 owner/Developer from liability for environmental contamination. A Hazardous Materials Investigation was
 conducted to evaluate potential asbestos, lead paint, and other hazardous materials, as required by regulatory
 agencies prior to select building demolition activities. Due care assessment will be conducted to verify compliance
 with applicable due care obligations. Pre-approved activities can be reimbursed from state school and local tax
 increment revenues.




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 Due Care Activities: Due care activities will include implementation of vapor intrusion mitigation systems, as
 applicable, to prevent unacceptable exposures to potential indoor air inhalation concerns. Soil capping will be
 completed to protect against direct contact concerns related to known contamination. Contaminated
 soils/dredge materials which cannot be utilized on the Property will be hauled to an appropriate Type 2 landfill for
 disposal. During construction activities, dewatering may be necessary. Contaminated groundwater will be
 properly managed to comply with due care. Due care costs will include environmental oversight and
 management.
 Asbestos, Lead Paint, and Mold Abatement: Prior to select building demolition activities, asbestos, lead paint, and
 mold were abated, as applicable, in accordance with applicable regulatory guidelines.
 Demolition: Select building and Site demolition will be necessary to facilitate safe redevelopment and reuse of the
 Property.
 Site Preparation: Site preparation is expected to include specialized foundations due to unsuitable urban fill
 material across the Site, clearing and grubbing in preparation for redevelopment, dredging, compaction and sub-
 base preparation, cut and fill, excavation for unstable material, fill, geotechnical engineering, grading, land
 balancing, relocation of active utilities, temporary erosion control, temporary facility, temporary site control,
 surveying, staking, and appropriate associated professional engineering/architectural fees related to the eligible
 activities. All the site preparation activities are necessary to support the redevelopment.
 Public Infrastructure Improvements: Public Infrastructure improvements will be made by both the Developer and
 City of Muskegon in the public right-of-way and publicly accessible land as outlined in the signed Cooperative Use
 Agreement between the City of Muskegon and AP dated September 13, 2022. Public infrastructure activities,
 including public parks (Linear Park, East Peninsula Park and the commuter bike path), public roadways (Adelaide
 Avenue), West Western Avenue reconstruction, public/transient shopper and dockage and dock slips, new and
 upgraded water main, sanitary sewer and storm sewer utilities, solar power infrastructure for the public shopper
 and transient dockage and marina upgrades including the breakwater with public access path.
 Amended BPA Preparation: This amended BPA was required for authorization of reimbursement to the
 Developer and City, as applicable, from tax increment revenues under Public Act 381 of 1996, as amended.
 Amended BPA Implementation: Tracking, submittal, review of invoices for reimbursement, plan compliance, and
 data reporting will be conducted.
 Contingency: A 15% contingency is included for those activities not already completed.
 Interest: A 5% interest on unreimbursed eligible activities is included.

 2.3              Estimate of Captured Taxable Value and Tax Increment Revenues
 The base year of this amended BPA is 2021, as established in the approved BPA. The 2021 taxable value of the
 eligible property was $903,810. After completion of the development (Phases one, two and three), the taxable
 value is estimated at $42,875,000. This amended BPA assumes a 1.0% annual increase in the taxable value of the
 Eligible Property. Initial capture is anticipated to begin in 2023.
 The estimated captured taxable value for the redevelopment by year and in aggregate for each taxing jurisdiction
 is depicted in tabular form (Table 1: Tax Increment Revenue Capture). Actual taxable values and tax increment
 revenues may vary year to year based on economic and market conditions, tax incentives, building additions, and
 property improvements, among other factors.
 A summary of the estimated reimbursement schedule by year and in aggregate is presented as Table 2: Tax
 Increment Revenue Reimbursement Allocation.




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 Method of Financing and Description of Advances Made by the Municipality
 The cost of the eligible activities included in this amended BPA will be paid for by the Developer and the City. The
 Developer and City will seek reimbursement for eligible activity costs through capture of available local and state
 (as applicable) school tax increment revenues as permitted by Act 381. Additionally, as necessary personal
 property taxes may be utilized as well for reimbursement. Refer to Attachment D for a copy of the
 Reimbursement Agreement.

 2.4              Maximum Amount of Note or Bonded Indebtedness
 The City of Muskegon may finance eligible public infrastructure improvements and other eligible activities, as
 applicable, via municipal bonds with tax increment financing as the pay back mechanism subject to the terms
 outlined in the Reimbursement/Development Agreement (Attachment D). The estimated total bond amount will
 not exceed $10,500,000 with interest added at 5 %.

 2.5              Duration of Brownfield Plan
 Capture of tax increment revenues for the City reimbursement is anticipated to commence in 2023 and end in
 2031. Developer reimbursement will follow with an estimated start date of 2023. The anticipated end date for
 Developer reimbursement is 2046. It is projected that the amended BPA will extend 29 years, which assumes five
 years of additional capture of tax increment revenues for deposit into a Local Brownfield Revolving Fund, if
 available.

 2.6              Estimated Impact of Tax Increment Financing on Revenues of Taxing
                  Jurisdiction
 The estimated amount of tax increment revenues to be captured for this redevelopment from each taxing
 jurisdiction by year and in aggregate is presented in Tables 1 and 2.


 2.7              Legal Description, Property Map, Statement of Qualifying Characteristics and
                  Personal Property
       •    The legal description is as follows:

            1204 W. Western Avenue
            CITY OF MUSKEGON PART OF SECTION 25 T10N R17W PRT OF BLKS 578-580 DESC AS FOLS COM AT SE
            COR LOT 4 BLK 577 TH S 88D 15M W ALG SLY LN SD BLK 577 EXTND (ALSO BEING NLY LN WESTERN AVE)
            847.15 FT FOR POB TH N 01D 56M 50S W 256.10 FT TH N 31D 37M 35S E 47 FT TH N 55D 15M 15S E
            89.20 FT TH N 35D 54M 50S W 127.65 FT TH N 02D 52M 10S W 553 FT TH S 55D 13 M W 243 FT TH N
            34D 47M W 330 FT M/L TO SHORE OF MUSKEGON LAKE REFERRED TO AS PT B TH RECOM AT POB TH S
            88D 15M W ALG NLY LN WESTERN AVE 18.65 FT TH SWLY ALG SD NLY LN WESTERN AVE ALG ARC OF A
            430.61 FT RAD CURVE TO LT 158.33 FT (LC SD CURVE BEARS S 77D 43M 00S W 157.44 FT & CENTRAL ANG
            SD CURVE IS 21D 04M 00) TO WLY LN NELY 200 FT OF SD BLK 580 TH N 35D 2M 10S W ALG SD WLY LN
            SD NELY 200 FT DIST 850 FT M/L TO SHORE OF MUSKEGON LAKE REFERRED TO AS PT C TH NWLY SELY &
            NELY ALG SHORE OF MUSKEGON LAKE 1300 FT M/L FROM SD PT C TO SD PT B EXC THAT PRT OF ABOVE
            DESC PARCEL THAT LIES WITHIN THE CHESAPEAKE & OHIO RR ROW EXC THAT PART TAKEN BY THE CITY
            OF MUSKEGON FOR THE LAKESHORE TRAIL BIKE PATH DESC AS THAT PART OF BLKS 578 & 580 DESC
            AS COM @ SE COR LOT 4 BLK 577 TH S 88D 40M 42S W ALG N ROW LN WESTERN AVE 847.60 FT TH N
            01D 31M 57S W 256.10 FT TH N 32D 02M 28S E 47 FT TH N 55D 40M 08S E 89.20 FT TH N 35D 29M 57S


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            W 127.65 FT TH N 02D 27M 17S W 553 FT TH S 55D 37M 53S W 243 FT TH N 34D 22M 07S W 235.92 FT
            TO POB TH S 50D 44M 04S W 329.75 FT TH S 20D 19M 09S W 96.30 FT TH S 23D 53M 54S E 405.55
            FT TH N 34D 34M 00S W ALG NE LN LAKESHORE YACHT HARBOUR 86.43 FT TH N 23D 53M 54S W 327.11
            FT TH N 20D 19M 09S E 107.14 FT TH N 50D 44M 04S E 335.70 FT TH S 33D 32M 57S E 16.08 FT TO
            POB TAKEN FOR LAKESHORE TRAIL BIKE PATH ACROSS SD PROPERTY AND COM AT SE COR LOT 4 BLK
            577 FOR POB TH N 1 DEG 41 MIN W 158.40 FT TH N 76 DEG 43 MIN W 103.55 FT TH NWLY ON THE ARC
            OF A 492.47 FT RAD CURVE TO THE RT 110.31 FT (LONG CORD BEARS N 70D 18M W 110.07 FT CENTRAL
            ANGLE IS 12D 50M 00S) TH N 63 DEG 53 MIN W 67 FT TH N 2 DEG 4 MIN W 33.8 FT TO RR R/W TH
            CON'T N 2 DEG 4 MIN W 367.7 FT TH N 37 DEG W 730 FT TH N 48 DEG W 600 FT M/L TO MUSKEGON
            LAKE TO A PT A RECOM AT POB TH S 88 DEG 15 MIN W 847.15 FT TH N 1 DEG 56 MIN 50 SEC W 256.1
            FT TH N 31 DEG 37 MIN 35 SEC E 47 FT TH N 55 DEG 15 MIN 15 SEC E 89.2 FT TH N 35 DEG 54 MIN 50
            SEC W 127.65 FT TH N 2 DEG 52 MIN 10 SEC W 553 FT TH S 55 DEG 13 MIN W 243 FT TH N 34 DEG 47
            MIN W 330 FT M/L TO THE SHORE OF MUSKEGON LAKE TO A PT REFERRED TO AS PT B TH WLY ALG
            SHORE LN 1500 FT M/L TO SD PT A EXC THAT PART LYING WITHIN C&O RR R/W RECORDED IN L 702 P
            134 ALSO EXC COM AT SW COR LOT 4 BLK 574 FOR POB TH WLY ALG WESTERN AVE 20.5 FT TO SE COR
            LOT 5 TH NLY TO SLY LN C&O RR R/W TH SELY ALG SLY LN OF SD R/W TO NW COR LOT 3 BLK 577 TH S
            ALG W LN LOT 3 TO NE COR LOT 4 TH WLY ALG NLY LN LOT 4 40 FT TO NW COR SD LOT TH SLY ALG W LN
            TO POB EXC THAT PART OF BLK 578 DESCRIBED AS COM AT THE SE COR OF LOT 4 BLK 577 TH S 88D
            40M 42S W ALG N R-O-W LINE OF WESTERN AVE 847.60 FT TH N 01D 31M 57S W 256.10 FT TH N 32 D
            02M 28S E 47 FT TH N 55D 40M 08S E 89.20 FT TH N 35D 29M 57S W 127.65 FT TH N 02D 27M 17S W
            553 FT TH S 55D 37M 53S W 243 FT TH N 34D 22M 07S W 235.92 FT TO POB TH N 33D 32M 57S W
            16.08FT TH N 62D 10M 01S E 211.19 FT TH S 87D 42M 46S E 126.81 FT TH N 71D 39M 34S E 169.45
            FT TH S 53D 57M 29S E 104.89 FT TH S 36D 27M 44S E 604.13 FT TH S 01D 31M 44S E 16 FT TH S 38D
            27M 16S W 8.34 FT TH N 36D 27M 44S W 610.01FT TH N 53D 57M 29S W 94.21 FT TH S 71D 39M 34S
            W 164.14 FT TH N 87D 42M 46S W 125.42 FT TH S 62D 10M 01S W 205.29 FT TO POB
       •    The Property layout is depicted on Figure 2.
       •    The Property is considered an “eligible property” as defined by Act 381 because the Property is a facility
            pursuant to Part 201. Facility verification is included in Attachment C.
       •    New personal property added to the Property is included as part of the Eligible Property to the extent it is
            taxable.

 2.8              Estimates of Residents and Displacement of Individuals/Families
 No residents or families will be displaced because of the Project.

 2.9              Plan for Relocation of Displaced Persons
 Not applicable.

 2.10             Provisions for Relocation Costs
 Not applicable.

 2.11             Strategy for Compliance with Michigan’s Relocation Assistance Law
 Not applicable.

 2.12             Other Material that the Authority or Governing Body Considers Pertinent
 The Project will significantly improve the Muskegon Lake shoreline through revitalization of Property once used
 for industrial purposes. Existing structures will be revitalized, and environmental exposure risks mitigated. A new



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 marina with transient boat slips will provide local citizens and tourists with opportunities to access the vibrant
 Muskegon downtown and other nearby recreational activities. Construction of new boat storage and residential
 condominiums will expand Muskegon Lake access and increase long-term tax revenues for the City of Muskegon
 and the State of Michigan. The Development will also create numerous job opportunities for the community.




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 City of Muskegon
 Brownfield Redevelopment Authority

 Brownfield Plan Amendment for the
 Adelaide Pointe Project at
 1148 & 1204 West Western Avenue
 Muskegon, Michigan


 Approved by the City of Muskegon Brownfield Redevelopment Authority
 Approved by the City of Muskegon Board of Commissioners




 Prepared with the assistance of:
 Fishbeck
 1515 Arboretum Drive SE
 Grand Rapids, Michigan 49546
 616-464-3876




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 1.0    Introduction ...................................................................................................................................................1
        1.1     Proposed Redevelopment and Future Use for the Eligible Property ................................................1
        1.2     Eligible Property Information ............................................................................................................1

 2.0    Information Required by Section 13(2) of the Statute ...................................................................................2
        2.1    Description of Costs to Be Paid for With Tax Increment Revenues ..................................................2
        2.2    Summary of Eligible Activities ...........................................................................................................4
        2.3    Estimate of Captured Taxable Value and Tax Increment Revenues ..................................................5
        2.4    Maximum Amount of Note or Bonded Indebtedness .......................................................................5
        2.5    Duration of Brownfield Plan..............................................................................................................5
        2.6    Estimated Impact of Tax Increment Financing on Revenues of Taxing Jurisdiction ..........................5
        2.7    Legal Description, Property Map, Statement of Qualifying Characteristics and Personal Property..5
        2.8    Estimates of Residents and Displacement of Individuals/Families....................................................5
        2.9    Plan for Relocation of Displaced Persons..........................................................................................6
        2.10 Provisions for Relocation Costs .........................................................................................................6
        2.11 Strategy for Compliance with Michigan’s Relocation Assistance Law...............................................6
        2.12 Other Material that the Authority or Governing Body Considers Pertinent .....................................6

 List of Figures
 Figure 1 – Location Map
 Figure 2 – Site Layout Map

 List of Tables
 Table 1 – Tax Increment Revenue Capture
 Table 2 – Tax Increment Revenue Reimbursement Allocation

 List of Attachments
 Attachment A       Brownfield Plan Resolution(s)
 Attachment B       Conceptual Renderings
 Attachment C       Environmental Data Tables and Map
 Attachment D       Reimbursement Agreement




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 1.0              Introduction
 The City of Muskegon Brownfield Redevelopment Authority (the “Authority” or MBRA) was established by the City
 of Muskegon pursuant to the Brownfield Redevelopment Financing Act, Michigan Public Act 381 of 1996, as
 amended (“Act 381”). The primary purpose of Act 381 is to encourage the redevelopment of eligible property by
 providing economic development incentives through tax increment financing for certain eligible properties.
 This Brownfield Plan Amendment (“Plan Amendment”) serves as an amendment to the City of Muskegon’s
 existing Brownfield Plan, allowing inclusion of the eligible property described in Sections 1.1 and 1.2 below.
 Incorporation of eligible property into the City’s Brownfield Plan permits the use of tax increment financing to
 reimburse Adelaide Pointe QOZB, LLC (“Developer”) for the cost of eligible activities required to redevelop the
 eligible property. See Attachment A for copies of Plan Amendment resolutions.

 1.1              Proposed Redevelopment and Future Use for the Eligible Property
 The Developer is proposing to redevelop a former industrial site located at 1148 and 1204 West Western Avenue,
 Muskegon, Michigan (the “Property”). Proposed redevelopment activities include: revitalizing existing site
 structures for boat storage, busines offices, and lease space (approx. 218,000 sf); creation of a new 280 slip
 marina and construction of a three-story, mixed-use building with ground level retail and office space, a second-
 floor restaurant, and third floor deck area (approx. 7,500 sf); 50 boat condos (totaling approx. 250,000 gross sf);
 and 250 - 300 residential condo units (averaging approx. 1,500 sf each) within a six building footprint (the
 “Project”). The Project will create a walkable community that incorporates public access to waterfront activities
 (e.g., swimming, fishing, boating), inviting greenspace areas, and transient docking. Sustainable development
 techniques are proposed throughout the Project, including solar boardwalks and roof systems, electric vehicle
 charging stations, low-impact development stormwater management, and integrated parking. Total private
 investment, not including property acquisition, is approximately $250,000,000. The mixed-use waterfront
 development will create approximately 100 new jobs (retail, office, restaurant, marina) and provide contractor
 work for hundreds of temporary construction workers. Conceptual renderings are provided in Attachment B.
 The structured five-phase development is summarized in the table below.

  Development Phase                                                                    Anticipated Start Date Desired Completion Date

  Phase I – Revitalize existing buildings for boat storage                              Spring/Summer 2021            Summer/Fall 2021

  Phase II – Creation of forklift in/out service                                              Spring 2022            Spring/Summer 2022

  Phase III – Construction of marina, mixed-use building                                      Spring 2022                 Fall 2022

  Phase IV – Construction of 50 boat storage and                                              Spring 2024                 Fall 2027
  warehouse

  Phase V – Construction of residential condos                                                Spring 2025                 Fall 2030



 1.2              Eligible Property Information
 The 35-acre Property is located at the west end of West Western Avenue on the south shore of Muskegon Lake.
 Since the late 1800s, the Property has been utilized for industrial purposes, primarily a lumberyard followed by
 foundry operations. Based on a recent Phase II Environmental Site Assessment (ESA) completed in December


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 2020, these past industrial uses have resulted in widespread contamination across the Property. Known
 contaminants in the soil with concentrations exceeding Michigan Department of Environment, Great Lakes, and
 Energy (EGLE) Part 201 Generic Residential Cleanup Criteria (GRCC) include tetrachloroethylene (PCE), arsenic,
 cadmium, chromium (total), copper, and selenium. Groundwater contaminants with concentrations identified
 above Part 201 GRCC consist of benzene, cadmium, chromium (total), copper, lead, mercury, and zinc.
 The Developer is not a liable party and completed a Baseline Environmental Assessment (BEA) in accordance with
 Part 201 of the Natural Resources and Environmental Protect Act, 1995 PA 451, as amended (NREPA).
 Given the known contamination, the Property is a “facility” pursuant to Part 201 of NREPA. As such, it is
 considered an “eligible property” as defined by the Michigan Redevelopment Financing Act, Act 381 of 1996.
 Maps depicting the location and layout of the Property are attached as Figures 1 and 2. Environmental data
 tables and map are provided in Attachment C.

 2.0              Information Required by Section 13(2) of the Statute
 2.1              Description of Costs to Be Paid for With Tax Increment Revenues
 Act 381 provides pre-approval for certain activities that have been conducted at the Property. Additional activities
 require BRA approval for reimbursement from local, school operating, and state education taxes. Tax increment
 revenues will be used to reimburse the Developer and the City of Muskegon for the following eligible activities.
 •     Pre-approved BEA, documentation of due care, asbestos/lead paint survey, and additional due care
       assessment
 •     Due care activities
 •     Asbestos, lead paint, and mold abatement
 •     Select building and site demolition
 •     Site preparation
 •     Infrastructure improvements (public)- Developer & City
 •     15% contingency
 •     Brownfield Plan Amendment
 •     Brownfield Plan Amendment Implementation
 •     Interest

 The table below provides an eligible activity cost summary for the Project.




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                                                       ELIGIBLE ACTIVITIES COST SUMMARY
              EGLE Eligible Activities                                                                               Estimated Cost
                     Department Specific Activities
                                                                                                                          $350,000
                     1. Pre-Approved Sub-Total
                                                                                                                           $52,000
                        a. BEA activities
                                                                                                                           $33,000
                        b. Documentation of due care
                                                                                                                           $20,000
                        c. Hazardous materials survey (e.g., asbestos, lead paint, etc.)
                        d. Due care assessment
                                                                                                                          $245,000
                                                                      EGLE Eligible Activities Total Costs                $350,000
              Interest (5%)                                                                                                 $15,354
              EGLE Eligible Costs Sub-Total                                                                               $365,354


              Local Only Eligible Activities                                                                         Estimated Cost
                     Department Specific Activities
                     2. Due Care Sub-Total                                                                               $3,250,000
                        a. Vapor intrusion mitigation                                                                      $500,000
                        b. Soil capping                                                                                  $1,500,000
                        c. Dewatering                                                                                      $250,000
                           d. Contaminated Soil/Dredge Materials Removal and Disposal                                    $1,000,000
                                          Local Only Department Specific Activities Total Costs                          $3,250,000
                     Non-Environmental Activities
                     3. Asbestos, lead paint, and mold abatement Sub-Total                                               $1,250,000
                     4. Demolition (select interior and site grounds) Sub-Total                                          $1,500,000




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                     5. Site preparation Sub-Total                                                                    $5,545,000
                           a. Clearing and grubbing                                                                    $300,000
                           b. Dredging                                                                                 $800,000
                           c. Compaction and sub-base preparation                                                      $350,000
                           d. Cut and fill                                                                             $300,000
                           e. Excavation for unstable material                                                          $70,000
                           f.    Fill                                                                                  $850,000
                           g. Geotechnical engineering                                                                 $180,000
                           h. Grading/land balancing                                                                  $1,250,000
                           i. Relocation of active utilities                                                           $350,000
                           j. Temporary erosion control                                                                $110,000
                           k. Temporary facility                                                                       $165,000
                           l.    Temporary site control                                                                $195,000
                           m. Surveying and staking                                                                    $125,000
                           n. Architectural/engineering costs related to eligible activities                           $500,000


                     6. Infrastructure improvements (Public)                                                         $13,000,000
                        a. Marina basin (breakwater system/gangway/dockage)                                          $10,000,000
                           b. Parks (Linear Park, East Peninsula Park, Commuter Bike                                  $2,000,000
                              Path)
                           c. East Basin Launch Well                                                                  $1,000,000
                                            Local Only Non-Environmental Activities Total Costs                      $21,295,000
                                                       EGLE and Local Only Eligible Costs Sub-Total                  $24,910,354
              Contingency (15%)*                                                                                      $3,681,750
              Brownfield Plan Amendment Preparation                                                                     $10,000
              Brownfield Plan Amendment Implementation                                                                  $10,000
              Interest (5%)                                                                                          $25,554,653
              Total EGLE and Local Only Eligible Costs                                                               $54,166,757
                        *Not applied to previously completed Department Specific Activities


                                     ELIGIBLE ACTIVITIES COST SUMMARY- City of Muskegon Bond
                                                                        Local Only Activities Total Costs
                     1. Public Infrastructure (sub-total)                                                            $10,000,000
                           a. Roadways (Adelaide Point Ave, East Circle Drive, West                                   $6,840,000



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                                 Circle Drive, Adelaide Point Drive, South Circle Drive)
                           b. West Western Reconfiguration                                                            $1,035,000
                           c. East Basin Launch Well                                                                  $1,615,000
                     2. Site Preparation (sub-total)
                        a. Mass Grade Site                                                                             $510,000
              Local Only Non-Environmental Activities Total Costs                                                    $10,000,000
              Interest (5%)                                                                                           $2,608,621
              Total City of Muskegon Bond Eligible Costs                                                             $12,608,621
 2.2              Summary of Eligible Activities
 Eligible activities as defined by Act 381 and included in this Plan Amendment consist of the following:
 Pre-Approved Activities: These activities are permitted to occur prior to Plan Amendment approval. Preparation
 of a Phase I ESA, BEA and Documentation of Due Care Compliance are necessary to protect the new Property
 owner/Developer from liability for environmental contamination. A Hazardous Materials Investigation was
 conducted to evaluate potential asbestos, lead paint, and other materials, as required by regulatory agencies
 prior to select building demolition activities. Due care assessment will be conducted to verify compliance with
 applicable due care obligations. Pre-approved activities can be reimbursed from state school and local tax
 increment revenues.
 Due Care Activities: Due care activities will include implementation of vapor intrusion mitigation systems, as
 applicable, to prevent unacceptable exposures to potential indoor air inhalation concerns. Soil capping will be
 completed to protect against direct contact concerns related to known contamination. Contaminated
 soils/dredge materials which cannot be utilized on the Site will be hauled to an appropriate Type 2 landfill for
 disposal. During construction activities, dewatering may be necessary. Contaminated groundwater will be
 properly managed to comply with due care. Due care costs will include environmental oversight and
 management.
 Asbestos, Lead Paint, and Mold Abatement: As applicable, and prior to select building demolition activities,
 asbestos, lead paint, and mold must be abated in accordance with applicable regulatory guidelines.
 Demolition: Select building and Site demolition will be necessary to facilitate safe redevelopment and reuse of the
 Property.
 Site Preparation: Site preparation is expected to include clearing and grubbing, dredging, compaction and sub-base
 preparation, cut and fill, excavation for unstable material, fill, geotechnical engineering, grading, land balancing,
 relocation of active utilities, temporary erosion control, temporary facility, temporary site control, surveying,
 staking and associated professional fees.
 Public Infrastructure Improvements: Infrastructure improvements will include marina launch and basin
 enhancements, sidewalks, bike paths, boardwalks, fishing docks, roadways, curb and gutter, lighting, landscaping,
 irrigation, low-impact design stormwater management, utilities, and other streetscape improvements. Costs will
 include oversight, management, and associated professional fees.
 Plan Amendment Preparation: This Plan Amendment was required for authorization of reimbursement to the
 Developer from tax increment revenues under Public Act 381 of 1996, as amended.
 Plan Amendment Implementation: Tracking, submittal, review of invoices for reimbursement, plan compliance,
 and data reporting will be conducted.



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 Contingency: A 15% contingency is included for those activities not already completed.

 2.3              Estimate of Captured Taxable Value and Tax Increment Revenues
 For the purposes of this Plan Amendment, the taxable value base year is 2021. The 2021 taxable value of the
 eligible property is $903,810. After completion of the development, the taxable value is estimated at
 $87,500,000. This Plan Amendment assumes a 1.0% annual increase in the taxable value of the eligible property.
 Initial capture is anticipated to begin in 2022.
 The estimated captured taxable value for the redevelopment by year and in aggregate for each taxing jurisdiction
 is depicted in tabular form (Table 1: Tax Increment Revenue Capture). Actual taxable values and tax increment
 revenues may vary year to year based on economic and market conditions, tax incentives, building additions, and
 property improvements, among other factors.
 A summary of the estimated reimbursement schedule by year and in aggregate is presented as Table 2: Tax
 Increment Revenue Reimbursement Allocation.
 Method of Financing and Description of Advances Made by the Municipality
 The cost of the eligible activities included in this Plan Amendment will be paid for by the Developer and the City of
 Muskegon. The Developer and City of Muskegon will seek reimbursement for eligible activity costs through
 capture of available local and state (as applicable) tax increment revenues as permitted by Act 381. Additionally,
 as necessary personal property taxes may be utilized as well for reimbursement. Refer to Attachment D for a copy
 of the Reimbursement Agreement.

 2.4              Maximum Amount of Note or Bonded Indebtedness
 The City of Muskegon plans to utilize bond proceeds to pay for certain eligible site preparation and public
 infrastructure costs incurred by the City, which will be repaid via tax increment revenues generated by
 redevelopment of the Site, and subject to the Reimbursement/Development Agreement. Refer to the table in
 Section 2.1 for additional information relative to the costs and breakdown of costs associated with the bond.
 Refer to Table 2 for the reimbursement schedule.

 2.5              Duration of Brownfield Plan
 Capture of tax increment revenues for City reimbursement is anticipated to commence in 2023 and end in 2029.
 Developer reimbursement will follow with an estimated start date of 2029. The anticipated end date for
 Developer reimbursement is 2048. It is projected that the Plan Amendment will extend 30 years, which assumes
 four years of additional capture of tax increment revenues for deposit into a Local Brownfield Revolving Fund, if
 available.

 2.6              Estimated Impact of Tax Increment Financing on Revenues of Taxing
                  Jurisdiction
 The estimated amount of tax increment revenues to be captured for this redevelopment from each taxing
 jurisdiction by year and in aggregate is presented in Tables 1 and 2.




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 2.7              Legal Description, Property Map, Statement of Qualifying Characteristics and
                  Personal Property
       •    The legal description is as follows:

            1148 W. Western Avenue
            COM AT SE COR LOT 4 BLK 577 FOR POB TH N 1 DEG 41 MIN W 158.40 FT TH N 76 DEG 43 MIN W 103.55
            FT TH NWLY ON THE ARC OF A 492.47 FT RAD CURVE TO THE RT 110.31 FT (LONG CORD BEARS N 70D
            18M W 110.07 FT CENTRAL ANGLE IS 12D 50M 00S) TH N 63 DEG 53 MIN W 67 FT TH N 2 DEG 4 MIN W
            33.8 FT TO RR R/W TH CON'T N 2 DEG 4 MIN W 367.7 FT TH N 37 DEG W 730 FT
            1204 W. Western Avenue
            PART OF SECTION 25 T10N R17W PRT OF BLKS 578-580DESC AS FOLS COM AT SE COR LOT 4 BLK 577
            TH S 88D 15M W ALG SLY LN SD BLK 577 EXTND (ALSO BEING NLY LN WESTERN AVE) 847.15 FT FOR POB
            TH N 01D 56M 50S W 256.10 FT TH N 31D 37M 35S E 47 FT TH N 55D 15M 15S E 89.20 FT TH N 35D 54M
            50S W 127.65 FT TH N 02D 52M 10S W 553 FT TH S 55D 13 M W 243 FTCOM 375 FT N OF SW COR OF SW
            ¼ OF NW ¼, TH N TO A POINT745 FT S OF NW COR, TH E 225 FT, TH S TO A POINT DUE E OF POB; TH W
            225 FT TO POB. SEC 16, T10N RSW. 1.03 AC M/L.
       •    The Property layout is depicted on Figure 2.
       •    The Property is considered an “eligible property” as defined by Act 381 because the Property is a facility
            pursuant to Part 201. Facility verification is included in Attachment C.
       •    New personal property added to the Property is included as part of the Eligible Property to the extent it is
            taxable.

 2.8              Estimates of Residents and Displacement of Individuals/Families
 No residents or families will be displaced because of the Project.

 2.9              Plan for Relocation of Displaced Persons
 Not applicable.

 2.10             Provisions for Relocation Costs
 Not applicable.

 2.11             Strategy for Compliance with Michigan’s Relocation Assistance Law
 Not applicable.

 2.12             Other Material that the Authority or Governing Body Considers Pertinent
 The Project will significantly improve the Muskegon Lake shoreline through revitalization of Property once used
 for industrial purposes. Existing structures will be revitalized, and environmental exposure risks mitigated. A new
 marina with transient boat slips will provide boaters with opportunities to access the vibrant Muskegon
 downtown and other nearby recreational activities. Construction of new boat storage and residential
 condominiums will expand Muskegon Lake access and increase long-term tax revenues for the City of Muskegon
 and the State of Michigan. The Development will also create numerous job opportunities for the community.




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                  Attachment B
                  Conceptual Renderings




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                       Attachment C
                  Environmental Data Tables and Map




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  Table 1 - Soil Data Summary
  Baseline Environmental Assessment
  Leestma Management, LLC, 1148 & 1204 West Western Ave., Muskegon, Muskegon County, MI
  December 2020
  Sample Location:                                             SB-01         SB-01         SB-02                               SB-03            SB-04             SB-05            SB-06            SB-07              FB-01
                                                                                                                                                                                                                                      Statewide                                                                                     Finite VSIC      Finite VSIC
  Depth Interval (ft):                                          (4-5)         (4-5)         (4-5)                               (3-4)            (4-5)             (2-3)            (1-2)            (2-3)                                           Drinking Water                          Soil Volatilization to   Infinite                                      Particulate          Direct        Soil Saturation
                                                                                                                                                                                                                                       Default                                GSIP                                                 for 5 Meter      for 2 Meter
  Investigative/Field Duplicate/QC:                         Investigative  Duplicate    Investigative                       Investigative    Investigative     Investigative    Investigative    Investigative          QC                             Protection                           Indoor Air Inhalation     Source                                       Soil Inhalation      Contact        Concentration
                                                                                                                                                                                                                                     Background                            Criteria   (1)                                             Source           Source
  Laboratory ID:                                             20L0979-01   20L0979-02     20L0979-03                          20L0979-04       20L0979-05        20L0979-06       20L0979-07       20L0979-08        20L0979-09                          Criteria (1)                              Criteria (1)         VSIC (1)                                      Criteria (1)      Criteria (1)         SL (1)
                                                                                                                                                                                                                                       Levels (1)                                                                                  Thickness (1)   Thickness (1)
  Collection Date:                                            12/30/20     12/30/20       12/30/20                            12/30/20         12/30/20          12/30/20         12/30/20         12/30/20          12/30/20
  Volatile Organic Compounds                CAS Number
  Tetrachloroethene                            127-18-4          170           150             58 U                                57 U             50 U             50 U              61 U              50 U             50 U            NA                100             1,200 (X)              11,000             1.70E+05       4.80E+05        1.10E+06         2.70E+09       2.00E+05 (C)          88,000
  Polynuclear Aromatic Compounds            CAS Number
  Benzo(a)pyrene                               50-32-8           330 U         330 U         350                                  330 UJ           330 U            330 U            330 UJ             430                --             NA                NLL                NLL                   NLV                NLV            NLV              NLV           1.50E+06           2,000               NA
  Benzo(b)fluoranthene                         205-99-2          330 U         400           550                                  330 UJ           330 U            330 U            330 UJ             520                --             NA                NLL                NLL                    ID                 ID             ID               ID              ID              20,000              NA
  Metals, Total                             CAS Number
  Arsenic (B)                                 7440-38-2        4,000 J       3,600         5,900                               2,000 U          3,500            4,900            2,000 U           19,000                  --          5,800              4,600              4,600                 NLV                 NLV            NLV             NLV            7.20E+05           7,600               NA
  Barium (B)                                  7440-39-3       15,000       18,000         10,000                              15,000           23,000           16,000           11,000            100,000                  --         75,000            1.30E+06         4.40E+05 (G)              NLV                 NLV            NLV             NLV            3.30E+08         3.70E+07              NA
  Cadmium (B)                                 7440-43-9        1,700         1,600         8,100                               2,400            3,600            4,900              720             13,000                  --          1,200              6,000           3,600 (G,X)              NLV                 NLV            NLV             NLV            1.70E+06         5.50E+05              NA
  Chromium, Total (B, H)                      7440-47-3        6,700        5,900         24,000                              27,000           30,000           49,000           14,000            190,000                  --      18,000 (total)        30,000              3,300                 NLV                 NLV            NLV             NLV            2.60E+05         2.50E+06              NA
  Copper (B)                                  7440-50-8       38,000 J     20,000         34,000                              34,000           53,000           76,000           12,000            430,000                  --         32,000            5.80E+06          75,000 (G)               NLV                 NLV            NLV             NLV            1.30E+08         2.00E+07              NA
  Lead (B)                                    7439-92-1       22,000       20,000         34,000                              27,000           19,000           20,000           12,000             66,000                  --         21,000            7.00E+05        5.10E+06 (G,X)             NLV                 NLV            NLV             NLV            1.00E+08         4.00E+05              NA
  Mercury (Total) (B)                         7439-97-6            50 U          50 U          50 U                               57               50 U             64               50 U               50 U                --           130               1,700           50 (M); 1.2             48,000              52,000         52,000          52,000          2.00E+07         1.60E+05              NA
  Selenium (B)                                7782-49-2        1,400         1,400         1,000                               1,100              600              770              960               560                   --           410               4,000               400                  NLV                 NLV            NLV             NLV            1.30E+08         2.60E+06              NA
  Silver (B)                                  7440-22-4          490 U         470 U         490 U                               490 U            490 U            460 U            470 U              430 U                --          1,000              4,500           100 (M); 27              NLV                 NLV            NLV             NLV            6.70E+06         2.50E+06              NA
  Zinc (B)                                    7440-66-6       15,000       14,000         23,000                              47,000           40,000           62,000           33,000             74,000                  --         47,000            2.40E+06         1.70E+05 (G)              NLV                 NLV            NLV             NLV               ID            1.70E+08              NA
  Solids, Total (%)                               --              90            91            88                                  89               89               90               87                 92                 --             --                 --                 --                   --                  --             --              --                --               --                --
  Results expressed in µg/Kg dry weight (except for FB-01, which is µg/Kg wet weight).
  Bolded values exceed Statewide Default Background Level and an applicable criterion or screening level.
  Italicized values are below Statewide Default Background Level but exceed an applicable criterion or screening level.
  Underlined parameters are classified as Polynuclear Aromatic Compounds.
  Data Qualifiers:
  J      Estimated value
  U      Not detected
  Footnotes/Abbreviations:
  (1)
      Part 201 Residential Soil Generic Cleanup Criteria and Screening Levels/Part 213 Risk-based Screening Levels, December 30, 2013 (GSI Criteria Updated June 25, 2018).
  (2)
      EGLE Volatilization to Indoor Air Pathway Screening Levels, September 4, 2020.
  (B)       Background, as defined in R 299.5701(b), may be substituted if higher than the calculated criterion.
  (C)       Value is screening level based on the chemical-specific generic soil saturation concentration (Csat).
  (G)       Criterion dependent on receiving surface water (SW) hardness; calculated criteria based on water hardness of 150 mg/L.
  (H)       Data provided for total chromium only; evaluated against hexavalent chromium criteria.
  (J)       Hazardous substance may be present in several isomer forms. Isomer-specific concentrations must be added together for comparison to criteria.
  (JT)      Hazardous substance may be present in several isomer forms. The VIAP SL may be used for the individual isomer provided that it is the sole isomer detected; however, when multiple isomers are detected in a medium, the isomer-specific concentrations must be added together and compared to the most restrictive VIAP SL of the detected isomers.
  (M)       Calculated criterion is below the target detection limit (TDL); first number is the criterion (TDL), the second is the risk-based value.
  (M*) The VIAP SL may be below TDL. In accordance with Sec. 20120a(10) when the TDL for a hazardous substance is greater than the developed VIAP SL, the TDL is used to evaluate the risk posed from the pathway.
  (W)       Concentrations of trihalomethanes must be added together to determine compliance with criterion.
  (X)       Criterion is not protective for SW used as a drinking water (DW) source.
  (DD) Hazardous substance causes developmental effects. Residential VIAP SLs are protective of both prenatal exposure using a pregnant female receptor and postnatal exposure using a child receptor. Prenatal developmental effects may occur after an acute (i.e. short- term) or full-term exposure.
  (EE)      The acceptable air concentration (AAC) for the volatile hazardous substances is not derived using standard equations. The hazardous substance may cause adverse human health effects for less than chronic exposures (i.e. short-term or acute). The AAC for these hazardous substances is the acute or intermediate minimum risk level (MRL) developed by the Agency for Toxic Substances and Disease
            Registry (ATSDR), a USEPA Integrated Risk Information System (IRIS) acute reference concentration, or an acute initial threshold screening level (ITSL) by the EGLE’s Air Quality Division.
  (MM) Hazardous substance is a carcinogen with a mutagenic mode of action. The cancer potency values used in calculating VIAP SLs are modified using age-dependent adjustment factors for those carcinogenic chemicals identified as mutagenic.
  DATA Insufficient physical chemical parameters to calculate a VIAP SL for specified media. If detections are present in specified media, health-based soil vapor value should be used to evaluate risk.
  GSIP groundwater surface water interface protection
  ID        Insufficient data to develop criterion.
  NA        not available
  NLL       Not likely to leach under most soil conditions.
  NLV       Not likely to volatilize under most conditions.
  SL        screening level
  VIAP volatilization to indoor air pathway
  VSIC volatile soil inhalation criteria




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                                                                                                                                                                                                                                                                                                           Fishbeck | 1 of 1
  Table 2 - Groundwater Data Summary
  Baseline Environmental Assessment
  Leestma Management, LLC, 1148 & 1204 West Western Ave., Muskegon, Muskegon County, MI
  December 2020
  Monitoring Location:                                         TW-01         TW-02                             TW-03           TW-03              TB-01
                                                                                                                                                                                                               Residential                             Flammability
  Field Duplicate:                                                                                                            Duplicate                           Residential                GSI                                      Water
                                                                                                                                                                             (1)                     (1)      Groundwater                       (1)   and Explosivity
  Laboratory ID:                                             20L0979-10   20L0979-11                        20L0979-12       20L0979-14        20L0979-15           DWC                   Criteria                       (1)       Solubility                   (1)
                                                                                                                                                                                                                 VIAIC                                     SL
  Collection Date:                                            12/30/20     12/30/20                          12/30/20         12/30/20          12/30/20
  Volatile Organic Compounds                CAS Number
  Benzene                                      71-43-2              1U           1U                               9.7              9.9                 1U              5.0                 200 (X)                5,600             1.75E+06              68,000
  Polychlorinated Biphenyls                 CAS Number
  Total PCBs (J)                              1336-36-3           0.2 U        0.2 U                              0.2 UJ           0.2 UJ             --              0.50           0.20 (M); 2.60E-05           45 (S)               44.7                  ID
  Metals, Total                              CAS Number
  Arsenic (B)                                 7440-38-2             5U           5U                              7.7               7.9                --                10                   10                    NLV                  NA                   ID
  Barium (B)                                  7440-39-3          100 U         100 U                             220               240                --              2,000                670 (G)                 NLV                  NA                   ID
  Cadmium (B)                                 7440-43-9             1U           1U                              7.2               7.3                --               5.0                3.0 (G,X)                NLV                  NA                   ID
  Chromium, Total (B, H)                      7440-47-3            10 U         10 U                              33                34                --               100                   11                    NLV                  NA                   ID
  Copper (B)                                  7440-50-8             5U           5U                             150               150                 --            1,000 (E)               13 (G)                 NLV                  NA                   ID
  Lead (B)                                    7439-92-1             3U           3U                             180               180                 --             4.0 (L)              34 (G,X)                 NLV                  NA                   ID
  Mercury (B)                                 7439-97-6           0.2 U        0.2 U                            0.65              0.61                --               2.0                 0.0013                 56 (S)                56                   ID
  Selenium (B)                                7782-49-2             5U           5U                                5U                5U               --                50                   5.0                   NLV                  NA                   ID
  Silver (B)                                  7440-22-4             1U           1U                                1U                1U               --                34             0.20 (M); 0.060             NLV                  NA                   ID
  Zinc (B)                                    7440-66-6            50 U         50 U                            190               190                 --              2,400                170 (G)                 NLV                  NA                   ID
  Results expressed in µg/L.
  Bolded values exceed an applicable criterion and/or screening level.
  Underlined compounds classified as polynuclear aromatic compounds.
  Data Qualifiers:
  J      Estimated value
  U      Not detected above the given limit
  Footnotes/Abbreviations:
  (1)
      Part 201 Groundwater Generic Cleanup Criteria/Part 213 Tier 1 Risk-based Screening Levels, January 10, 2018 (GSI Criteria Updated June 25, 2018).
  (2)
      EGLE Volatilization to Indoor Air Pathway Screening Levels, September 4, 2020.
  (B)       Background, as defined in R 299.5701(b), may be substituted if higher than the calculated criterion.
  (E)       Aesthetic drinking water (DW) value. Notice of aesthetic impact may be employed as an institutional control if concentration exceeds the aesthetic DWC but not the health-based DW value.
  (G)       Criterion dependent on receiving surface water (SW) hardness; calculated criteria based on water hardness of 150 mg/L.
  (H)       Data provided for total Chromium only; compare to hexavalent Chromium criteria.
  (J)       Substance present in several isomer forms; isomer concentrations must be added together for comparison to criteria.
  (JT)      Substance present in several isomer forms. The VIAP SL may be used for the individual isomer provided that it is sole isomer detected; however, when multiple isomers are detected in a medium,
  (L)       Concentrations up to the State action level of 15 µg/L may still allow for DW use if soil concentrations are below 400 mg/Kg.
  (M)       Calculated criterion is below the target detection limit (TDL); first number is the criterion (TDL), the second is the risk-based value.
  (M*) The VIAP SL may be below target detection limits (TDL). In accordance with Sec. 20120a(10) when the TDL for a hazardous substance is greater than the developed VIAP SL, the TDL is used to
  (S)       Criterion defaults to the hazardous substance-specific water solubility limit.
  (W)       Concentrations of trihalomethanes must be added together to determine compliance with the DWC.
  (X)       Criterion is not protective for SW used as a DW source.
  (AA)      Use 10,000 µg/L where GW enters a structure through the use of a water well, sump or other device. Use 28,000 µg/L for all other uses.
  (CC)      Insufficient chemical-physical input parameters have been identified to allow the development of a VIAP SL using standard equations. The VIAP SL for GW is developed based solely on the approach that the department uses for shallow GW. If GW detections
            are present, soil vapor may be the most appropriate media to evaluate risk.
  (DD) Hazardous substance causes developmental effects. Residential VIAP SLs are protective of both prenatal exposure using a pregnant female receptor and postnatal exposure using a child receptor. Prenatal developmental effects may occur after an acute (i.e. short- term) or full-term exposure.
  (EE*) The acceptable air concentration (AAC) for the volatile hazardous substance is not derived using standard equations. The hazardous substance may cause adverse human health effects for less than chronic exposures (i.e. short-term or acute). The AAC for this
            hazardous substance is the acute or intermediate minimum risk level (MRL) developed by the Agency for Toxic Substances and Disease Registry (ATSDR), a USEPA Integrated Risk Information System (IRIS) acute reference concentration, or an acute initial
  (FF*) The AAC for the volatile hazardous substances are based on toxicity values that have been identified to have the potential to cause adverse human health effects for less than chronic exposures (i.e. short-term or acute). The short-term exposure for shallow
            groundwater VIAP SLs are based on modification of the standard equations by the department to develop applicable shallow groundwater VIAP SLs.
  (MM) Hazardous substance is a carcinogen with a mutagenic mode of action. The cancer potency values used in calculating VIAP SLs are modified using age-dependent adjustment factors for those carcinogenic chemicals identified as mutagenic.
  DWC drinking water criterion
  GSI       groundwater surface water interface
  ID        Insufficient data to develop criterion.
  NA        not available
  NLV       Not likely to volatilize under most conditions.
  SL        screening level
  TX        The Remediation and Redevelopment Division Toxicology Unit has not identified an inhalation toxicity value for the hazardous substance at the date of publication of these values.
  VIAIC volatilization to indoor air inhalation criteria
  VIAP volatilization to indoor air pathway




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 Table 1 - Soil Data Summary
 Direct Contact Evaluation
 1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan
 August 2021
 Sample Location:                                                                                     Soil                                                                 Residential                                                                                                          Nonresidential                                                           AP-SS-1        AP-SS-2        AP-SS-3       AP-SS-4       AP-SS-5        AP-SS-6       AP-SS-7
                                                                       GSIP
 Laboratory ID:                                     SDBL (1)                                          Csat           DWP           SVIAI        Inf. Source   Finite VSIC - Finite VSIC -        PSI            DC              Soil          DWP                              Inf. Source   Finite VSIC - Finite VSIC -       PSI            DC            Soil       21H0909-01     21H0909-02     21H0909-03    21H0909-04    21H0909-05     21H0909-06    21H0909-07
                                                                    Criteria (1)                                                                                                                                                                          SVIAI Criteria (1)
 Collection Date:                                                                                     SL (1)      Criteria (1)   Criteria (1)     VSIC (1)      5 MST  (1)
                                                                                                                                                                                 2 MST (1)   Criteria (1)   Criteria (1)     VIAP SL (2)   Criteria (1)                          VSIC (1)      5 MST (1)     2 MST (1)     Criteria (1)   Criteria (1)   VIAP SL (2)    08/20/21       08/20/21       08/20/21      08/20/21      08/20/21       08/20/21      08/20/21
 Polynuclear Aromatic Compounds     CAS Number
 2-Methylnaphthalene                   91-57-6         NA             4,200                            NA          57,000        2.70E+06       1.50E+06       1.50E+06       1.50E+06       6.70E+08       8.10E+06            1,700      1.70E+05          4.90E+06          1.80E+06       1.80E+06       1.80E+06      2.90E+08       2.60E+07        30,000           330   UJ       330   UJ       330   U       330   U        330   U       330   U       440   UJ
 Acenaphthene                          83-32-9         NA             8,700                            NA         3.00E+05       1.90E+08       8.10E+07       8.10E+07       8.10E+07       1.40E+10       4.10E+07          2.00E+05     8.80E+05          3.50E+08          9.70E+07       9.70E+07       9.70E+07      6.20E+09       1.30E+08       3.60E+06          330   UJ       330   UJ       330   U       330   U        330   U       330   U       330   UJ
 Acenaphthylene                       208-96-8         NA               ID                             NA           5,900        1.60E+06       2.20E+06       2.20E+06       2.20E+06       2.30E+09       1.60E+06            DATA        17,000           3.00E+06          2.70E+06       2.70E+06       2.70E+06      1.00E+09       5.20E+06         DATA            330   UJ       330   UJ       330   U       330   U        330   U       330   U       330   UJ
 Anthracene                           120-12-7         NA               ID                             NA          41,000        1.00E+09       1.40E+09       1.40E+09       1.40E+09       6.70E+10       2.30E+08          1.30E+07      41,000           1.00E+09          1.60E+09       1.60E+09       1.60E+09      2.90E+10       7.30E+08       2.20E+08          330   UJ       330   UJ       330   U       330   U        330   U       330   U       330   UJ
 Benzo(a)anthracene                    56-55-3         NA              NLL                             NA            NLL            NLV            NLV            NLV            NLV            ID           20,000        1.60E+05 (MM)      NLL               NLV               NLV            NLV            NLV           ID           80,000        1.10E+07          330   UJ       330   UJ       330   U       330   U        330   U       330   U       330   UJ
 Benzo(a)pyrene                        50-32-8         NA              NLL                             NA            NLL            NLV            NLV            NLV            NLV         1.50E+06         2,000              NA           NLL               NLV               NLV            NLV            NLV        1.90E+06         8,000           NA             330   UJ       330   UJ       330   U       330   U        330   U       330   U       330   UJ
 Benzo(b)fluoranthene                 205-99-2         NA              NLL                             NA            NLL             ID             ID             ID             ID            ID           20,000              NA           NLL                ID                ID             ID             ID           ID           80,000           NA             330   UJ       330   UJ       330   U       330   U        330   U       330   U       330   UJ
 Benzo(g,h,i)perylene                 191-24-2         NA              NLL                             NA            NLL            NLV            NLV            NLV            NLV         8.00E+08       2.50E+06             NA           NLL               NLV               NLV            NLV            NLV        3.50E+08       7.00E+06          NA             330   UJ       330   UJ       330   U       330   U        330   U       330   U       330   UJ
 Benzo(k)fluoranthene                 207-08-9         NA              NLL                             NA            NLL            NLV            NLV            NLV            NLV            ID          2.00E+05             NA           NLL               NLV               NLV            NLV            NLV           ID          8.00E+05          NA             330   UJ       330   UJ       330   U       330   U        330   U       330   U       330   UJ
 Chrysene                             218-01-9         NA              NLL                             NA            NLL             ID             ID             ID             ID            ID          2.00E+06             NA           NLL                ID                ID             ID             ID           ID          8.00E+06          NA             330   UJ       330   UJ       330   U       330   U        330   U       330   U       330   UJ
 Dibenzo(a,h)anthracene                53-70-3         NA              NLL                             NA            NLL            NLV            NLV            NLV            NLV            ID            2,000              NA           NLL               NLV               NLV            NLV            NLV           ID            8,000           NA             330   UJ       330   UJ       330   U       330   U        330   U       330   U       330   UJ
 Fluoranthene                         206-44-0         NA             5,500                            NA         7.30E+05       1.00E+09       7.40E+08       7.40E+08       7.40E+08       9.30E+09       4.60E+07             NA        7.30E+05          1.00E+09          8.90E+08       8.80E+08       8.80E+08      4.10E+09       1.30E+08          NA             330   UJ       330   UJ       330   U       330   U        330   U       330   U       330   UJ
 Fluorene                              86-73-7         NA             5,300                            NA         3.90E+05       5.80E+08       1.30E+08       1.30E+08       1.30E+08       9.30E+09       2.70E+07          4.70E+05     8.90E+05          1.00E+09          1.50E+08       1.50E+08       1.50E+08      4.10E+09       8.70E+07       8.30E+06          330   UJ       330   UJ       330   U       330   U        330   U       330   U       330   UJ
 Indeno(1,2,3-cd)pyrene               193-39-5         NA              NLL                             NA            NLL            NLV            NLV            NLV            NLV            ID           20,000              NA           NLL               NLV               NLV            NLV            NLV           ID           80,000           NA             330   UJ       330   UJ       330   U       330   U        330   U       330   U       330   UJ
 Naphthalene                           91-20-3         NA              730                             NA          35,000        2.50E+05       3.00E+05       3.00E+05       3.00E+05       2.00E+08       1.60E+07           67 (M*)     1.00E+05          4.70E+05          3.50E+05       3.50E+05       3.50E+05      8.80E+07       5.20E+07         1,900           330   UJ       330   UJ       330   U       330   U        330   U       330   U       330   UJ
 Phenanthrene                         85-01-8          NA             2,100                            NA          56,000        2.80E+06       1.60E+05       1.60E+05       1.60E+05       6.70E+06       1.60E+06            1,700      1.60E+05          5.10E+06          1.90E+05       1.90E+05       1.90E+05      2.90E+06       5.20E+06        29,000           330   UJ       330   UJ       330   U       330   U        330   U       330   U       330   UJ
 Pyrene                               129-00-0         NA               ID                             NA         4.80E+05       1.00E+09       6.50E+08       6.50E+08       6.50E+08       6.70E+09       2.90E+07          2.50E+07     4.80E+05          1.00E+09          7.80E+08       7.80E+08       7.80E+08      2.90E+09       8.40E+07       4.40E+08          330   UJ       330   UJ       330   U       330   U        330   U       330   U       330   UJ
 Metals, Total                      CAS Number
 Arsenic (B)                         7440-38-2       5,800            4,600                            NA           4,600          NLV             NLV           NLV             NLV         7.20E+05         7,600             NA           4,600             NLV               NLV            NLV            NLV         9.10E+05        37,000          NA            5,500   J      2,000   U      2,000 U       2,000 U       12,000         5,100         2,000   U
 Barium (B)                          7440-39-3       75,000       4.40E+05 (G)                         NA         1.30E+06         NLV             NLV           NLV             NLV         3.30E+08       3.70E+07            NA         1.30E+06            NLV               NLV            NLV            NLV         1.50E+08       1.30E+08         NA           14,000         15,000         11,000        15,000         16,000        22,000         8,200
 Cadmium (B)                         7440-43-9        1,200        3,600 (G,X)                         NA           6,000          NLV             NLV           NLV             NLV         1.70E+06       5.50E+05            NA           6,000             NLV               NLV            NLV            NLV         2.20E+06       2.10E+06         NA              200   U        200   U        470           250            360         1,700           200   U
 Chromium, Total (B, H)              7440-47-3   18,000 (total)       3,300                            NA          30,000          NLV             NLV           NLV             NLV         2.60E+05       2.50E+06            NA          30,000             NLV               NLV            NLV            NLV         2.40E+05       9.20E+06         NA           27,000          6,800         39,000        19,000        570,000        62,000        13,000
 Copper (B)                          7440-50-8       32,000        75,000 (G)                          NA         5.80E+06         NLV             NLV           NLV             NLV         1.30E+08       2.00E+07            NA         5.80E+06            NLV               NLV            NLV            NLV         5.90E+07       7.30E+07         NA           56,000   J     10,000         31,000        15,000        400,000        98,000        15,000
 Lead (B)                            7439-92-1       21,000      5.10E+06 (G,X)                        NA         7.00E+05         NLV             NLV           NLV             NLV         1.00E+08       4.00E+05            NA         7.00E+05            NLV               NLV            NLV            NLV         4.40E+07       9.00E+05         NA           10,000          5,700         20,000        14,000         39,000        32,000        12,000
 Mercury (Total) (B)                 7439-97-6         130         50 (M); 1.2                         NA           1,700         48,000          52,000        52,000          52,000       2.00E+07       1.60E+05          22 (M*)        1,700            89,000            62,000         62,000         62,000       8.80E+06       5.80E+05       390 (M*)           50   U         50   U         50 U          50 U           50 U          50 U          50   U
 Selenium (B)                        7782-49-2         410             400                             NA           4,000          NLV             NLV           NLV             NLV         1.30E+08       2.60E+06            NA           4,000             NLV               NLV            NLV            NLV         5.90E+07       9.60E+06         NA              640            630          2,600           670         10,000         3,600           730
 Silver (B)                          7440-22-4        1,000        100 (M); 27                         NA           4,500          NLV             NLV           NLV             NLV         6.70E+06       2.50E+06            NA          13,000             NLV               NLV            NLV            NLV         2.90E+06       9.00E+06         NA              460   U        460   U        480 U         520 U          390 U         470 U         430   U
 Zinc (B)                            7440-66-6       47,000       1.70E+05 (G)                         NA         2.40E+06         NLV             NLV           NLV             NLV            ID          1.70E+08            NA         5.00E+06            NLV               NLV            NLV            NLV            ID          6.30E+08         NA           20,000         14,000         99,000        50,000         94,000       140,000        26,000
 Solids, Total (%)                        --            --               --                            --             --            --              --            --              --             --             --               --            --               --                --             --             --             --             --            --              93             91             95            95             97            91            95
 Results expressed in µg/Kg dry weight.
 Bolded values exceed an applicable criterion.
 Italicized values are below Statewide Default Background Level but exceed an applicable criterion or screening level.
 Data Qualifiers:
 J      Estimated value
 U      Not detected
 Footnotes/Abbreviations:
 (1)
    Part 201 Soil Generic Cleanup Criteria and Screening Levels/Part 213 Risk-based Screening Levels, December 30, 2013 (GSI Criteria Updated June 25, 2018).
 (2)
    EGLE Volatilization to Indoor Air Pathway Screening Levels, September 4, 2020.
 (B)      Background, as defined in R 299.5701(b), may be substituted if higher than the calculated criterion.
 (G)      Criterion dependent on receiving surface water hardness; calculated criteria based on water hardness of 150 mg/L.
 (H)      Data provided for total chromium only; evaluated against hexavalent Chromium criteria.
 (M)      Calculated criterion is below the target detection limit (TDL); first number is the criterion (TDL), the second is the risk-based value.
 (M*) The VIAP SL may be below TDL. In accordance with Sec. 20120a(10) when the TDL for a hazardous substance is greater than the developed VIAP SL, the TDL is used to evaluate the risk posed from the pathway.
 (X)      Criterion is not protective for surface water used as a drinking water source.
 (MM) Hazardous substance is a carcinogen with a mutagenic mode of action. The cancer potency values used in calculating VIAP SLs are modified using age-dependent adjustment factors for those carcinogenic chemicals identified as mutagenic.
 Csat saturation concentration
 DC       direct contact
 DWP drinking water protection
 GSIP groundwater surface water interface protection
 ID       Insufficient data to develop criterion.
 MST meter source thickness
 NA       not available
 NLL      Not likely to leach under most soil conditions.
 NLV      Not likely to volatilize under most conditions.
 PSI      particulate soil inhalation
 SDBL statewide default background levels
 SL      screening level
 SVIAI   soil volatilization to indoor air inhalation
 VIAP    volatilization to indoor air pathway
 VSIC    volatile soil inhalation criteria




Packet Page 197
 Table 1 - Soil Data Summary
 Direct Contact Evaluation
 1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan
 August 2021
 Sample Location:                                                                                     Soil                                                                 Residential                                                                                                          Nonresidential                                                           AP-SS-8       AP-SS-9      AP-SS-10      AP-SS-11       AP-SS-12       AP-SS-13
                                                                       GSIP
 Laboratory ID:                                     SDBL (1)                                          Csat           DWP           SVIAI        Inf. Source   Finite VSIC - Finite VSIC -        PSI            DC              Soil          DWP                              Inf. Source   Finite VSIC - Finite VSIC -       PSI            DC            Soil       21H0909-08    21H0909-09    21H0909-10    21H0909-11     21H0909-12     21H0909-13
                                                                    Criteria (1)                                                                                                                                                                          SVIAI Criteria (1)
 Collection Date:                                                                                     SL (1)      Criteria (1)   Criteria (1)     VSIC (1)      5 MST  (1)
                                                                                                                                                                                 2 MST (1)   Criteria (1)   Criteria (1)     VIAP SL (2)   Criteria (1)                          VSIC (1)      5 MST (1)     2 MST (1)     Criteria (1)   Criteria (1)   VIAP SL (2)    08/20/21      08/20/21      08/20/21      08/20/21       08/20/21       08/20/21
 Polynuclear Aromatic Compounds     CAS Number
 2-Methylnaphthalene                   91-57-6         NA             4,200                            NA          57,000        2.70E+06       1.50E+06       1.50E+06       1.50E+06       6.70E+08       8.10E+06            1,700      1.70E+05          4.90E+06          1.80E+06       1.80E+06       1.80E+06      2.90E+08       2.60E+07        30,000           430   U       330   U       430   U       430   UJ       330   UJ         330    U
 Acenaphthene                          83-32-9         NA             8,700                            NA         3.00E+05       1.90E+08       8.10E+07       8.10E+07       8.10E+07       1.40E+10       4.10E+07          2.00E+05     8.80E+05          3.50E+08          9.70E+07       9.70E+07       9.70E+07      6.20E+09       1.30E+08       3.60E+06          330   U       330   U       330   U       330   UJ       330   UJ         330    U
 Acenaphthylene                       208-96-8         NA               ID                             NA           5,900        1.60E+06       2.20E+06       2.20E+06       2.20E+06       2.30E+09       1.60E+06            DATA        17,000           3.00E+06          2.70E+06       2.70E+06       2.70E+06      1.00E+09       5.20E+06         DATA            330   U       330   U       330   U       330   UJ       330   UJ         330    U
 Anthracene                           120-12-7         NA               ID                             NA          41,000        1.00E+09       1.40E+09       1.40E+09       1.40E+09       6.70E+10       2.30E+08          1.30E+07      41,000           1.00E+09          1.60E+09       1.60E+09       1.60E+09      2.90E+10       7.30E+08       2.20E+08          330   U       330   U       330   U       330   UJ       330   UJ         330    U
 Benzo(a)anthracene                    56-55-3         NA              NLL                             NA            NLL            NLV            NLV            NLV            NLV            ID           20,000        1.60E+05 (MM)      NLL               NLV               NLV            NLV            NLV           ID           80,000        1.10E+07          330   U       330   U       330   U       330   UJ       330   UJ         330    U
 Benzo(a)pyrene                        50-32-8         NA              NLL                             NA            NLL            NLV            NLV            NLV            NLV         1.50E+06         2,000              NA           NLL               NLV               NLV            NLV            NLV        1.90E+06         8,000           NA             330   U       330   U       330   U       330   UJ       330   UJ         330    U
 Benzo(b)fluoranthene                 205-99-2         NA              NLL                             NA            NLL             ID             ID             ID             ID            ID           20,000              NA           NLL                ID                ID             ID             ID           ID           80,000           NA             330   U       330   U       330   U       330   UJ       330   UJ         330    U
 Benzo(g,h,i)perylene                 191-24-2         NA              NLL                             NA            NLL            NLV            NLV            NLV            NLV         8.00E+08       2.50E+06             NA           NLL               NLV               NLV            NLV            NLV        3.50E+08       7.00E+06          NA             330   U       330   U       330   U       330   UJ       330   UJ         330    U
 Benzo(k)fluoranthene                 207-08-9         NA              NLL                             NA            NLL            NLV            NLV            NLV            NLV            ID          2.00E+05             NA           NLL               NLV               NLV            NLV            NLV           ID          8.00E+05          NA             330   U       330   U       330   U       330   UJ       330   UJ         330    U
 Chrysene                             218-01-9         NA              NLL                             NA            NLL             ID             ID             ID             ID            ID          2.00E+06             NA           NLL                ID                ID             ID             ID           ID          8.00E+06          NA             330   U       330   U       330   U       330   UJ       330   UJ         330    U
 Dibenzo(a,h)anthracene                53-70-3         NA              NLL                             NA            NLL            NLV            NLV            NLV            NLV            ID            2,000              NA           NLL               NLV               NLV            NLV            NLV           ID            8,000           NA             330   U       330   U       330   U       330   UJ       330   UJ         330    U
 Fluoranthene                         206-44-0         NA             5,500                            NA         7.30E+05       1.00E+09       7.40E+08       7.40E+08       7.40E+08       9.30E+09       4.60E+07             NA        7.30E+05          1.00E+09          8.90E+08       8.80E+08       8.80E+08      4.10E+09       1.30E+08          NA             330   U       330   U       330   U       330   UJ       330   UJ         330    U
 Fluorene                             86-73-7          NA             5,300                            NA         3.90E+05       5.80E+08       1.30E+08       1.30E+08       1.30E+08       9.30E+09       2.70E+07          4.70E+05     8.90E+05          1.00E+09          1.50E+08       1.50E+08       1.50E+08      4.10E+09       8.70E+07       8.30E+06          330   U       330   U       330   U       330   UJ       330   UJ         330    U
 Indeno(1,2,3-cd)pyrene               193-39-5         NA              NLL                             NA            NLL            NLV            NLV            NLV            NLV            ID           20,000              NA           NLL               NLV               NLV            NLV            NLV           ID           80,000           NA             330   U       330   U       330   U       330   UJ       330   UJ         330    U
 Naphthalene                          91-20-3          NA              730                             NA          35,000        2.50E+05       3.00E+05       3.00E+05       3.00E+05       2.00E+08       1.60E+07           67 (M*)     1.00E+05          4.70E+05          3.50E+05       3.50E+05       3.50E+05      8.80E+07       5.20E+07         1,900           330   U       330   U       330   U       330   UJ       330   UJ         330    U
 Phenanthrene                         85-01-8          NA             2,100                            NA          56,000        2.80E+06       1.60E+05       1.60E+05       1.60E+05       6.70E+06       1.60E+06            1,700      1.60E+05          5.10E+06          1.90E+05       1.90E+05       1.90E+05      2.90E+06       5.20E+06        29,000           330   U       330   U       330   U       330   UJ       330   UJ         330    U
 Pyrene                               129-00-0         NA               ID                             NA         4.80E+05       1.00E+09       6.50E+08       6.50E+08       6.50E+08       6.70E+09       2.90E+07          2.50E+07     4.80E+05          1.00E+09          7.80E+08       7.80E+08       7.80E+08      2.90E+09       8.40E+07       4.40E+08          330   U       330   U       330   U       330   UJ       330   UJ         330    U
 Metals, Total                      CAS Number
 Arsenic (B)                         7440-38-2        5,800           4,600                            NA           4,600          NLV             NLV           NLV             NLV         7.20E+05         7,600             NA           4,600             NLV               NLV            NLV            NLV         9.10E+05        37,000          NA            2,900         2,000   U     2,000   U     2,200           2,400           13,000
 Barium (B)                          7440-39-3       75,000       4.40E+05 (G)                         NA         1.30E+06         NLV             NLV           NLV             NLV         3.30E+08       3.70E+07            NA         1.30E+06            NLV               NLV            NLV            NLV         1.50E+08       1.30E+08         NA           17,000         4,300         7,500         9,400          10,000           16,000
 Cadmium (B)                         7440-43-9        1,200        3,600 (G,X)                         NA           6,000          NLV             NLV           NLV             NLV         1.70E+06       5.50E+05            NA           6,000             NLV               NLV            NLV            NLV         2.20E+06       2.10E+06         NA              400           200   U       200   U       570             240            5,200
 Chromium, Total (B, H)              7440-47-3   18,000 (total)       3,300                            NA          30,000          NLV             NLV           NLV             NLV         2.60E+05       2.50E+06            NA          30,000             NLV               NLV            NLV            NLV         2.40E+05       9.20E+06         NA           62,000        11,000        28,000        76,000         100,000        1,600,000
 Copper (B)                          7440-50-8       32,000        75,000 (G)                          NA         5.80E+06         NLV             NLV           NLV             NLV         1.30E+08       2.00E+07            NA         5.80E+06            NLV               NLV            NLV            NLV         5.90E+07       7.30E+07         NA           48,000        12,000        68,000        38,000          59,000          380,000
 Lead (B)                            7439-92-1       21,000      5.10E+06 (G,X)                        NA         7.00E+05         NLV             NLV           NLV             NLV         1.00E+08       4.00E+05            NA         7.00E+05            NLV               NLV            NLV            NLV         4.40E+07       9.00E+05         NA           25,000         4,200         8,300        16,000          18,000          240,000
 Mercury (Total) (B)                 7439-97-6         130         50 (M); 1.2                         NA           1,700         48,000          52,000        52,000          52,000       2.00E+07       1.60E+05          22 (M*)        1,700            89,000            62,000         62,000         62,000       8.80E+06       5.80E+05       390 (M*)           50 U          50   U        50   U        50 U            50 U            140
 Selenium (B)                        7782-49-2         410             400                             NA           4,000          NLV             NLV           NLV             NLV         1.30E+08       2.60E+06            NA           4,000             NLV               NLV            NLV            NLV         5.90E+07       9.60E+06         NA            3,700         4,400         1,300         2,700             560 U          1,200
 Silver (B)                          7440-22-4        1,000        100 (M); 27                         NA           4,500          NLV             NLV           NLV             NLV         6.70E+06       2.50E+06            NA          13,000             NLV               NLV            NLV            NLV         2.90E+06       9.00E+06         NA              520 U         500   U       460   U       520 U           470 U          2,900
 Zinc (B)                            7440-66-6       47,000       1.70E+05 (G)                         NA         2.40E+06         NLV             NLV           NLV             NLV            ID          1.70E+08            NA         5.00E+06            NLV               NLV            NLV            NLV            ID          6.30E+08         NA           74,000        15,000        24,000        66,000          67,000        1,900,000
 Solids, Total (%)                        --            --               --                            --             --            --              --            --              --             --             --               --            --               --                --             --             --             --             --            --              97            94            97            96              86               88
 Results expressed in µg/Kg dry weight.
 Bolded values exceed an applicable criterion.
 Italicized values are below Statewide Default Background Level but exceed an applicable criterion or screening level.
 Data Qualifiers:
 J      Estimated value
 U      Not detected
 Footnotes/Abbreviations:
 (1)
    Part 201 Soil Generic Cleanup Criteria and Screening Levels/Part 213 Risk-based Screening Levels, December 30, 2013 (GSI Criteria Updated June 25, 2018).
 (2)
    EGLE Volatilization to Indoor Air Pathway Screening Levels, September 4, 2020.
 (B)      Background, as defined in R 299.5701(b), may be substituted if higher than the calculated criterion.
 (G)      Criterion dependent on receiving surface water hardness; calculated criteria based on water hardness of 150 mg/L.
 (H)      Data provided for total chromium only; evaluated against hexavalent Chromium criteria.
 (M)      Calculated criterion is below the target detection limit (TDL); first number is the criterion (TDL), the second is the risk-based value.
 (M*) The VIAP SL may be below TDL. In accordance with Sec. 20120a(10) when the TDL for a hazardous substance is greater than the developed VIAP SL, the TDL is used to evaluate the risk posed from the pathway.
 (X)      Criterion is not protective for surface water used as a drinking water source.
 (MM) Hazardous substance is a carcinogen with a mutagenic mode of action. The cancer potency values used in calculating VIAP SLs are modified using age-dependent adjustment factors for those carcinogenic chemicals identified as mutagenic.
 Csat saturation concentration
 DC       direct contact
 DWP drinking water protection
 GSIP groundwater surface water interface protection
 ID       Insufficient data to develop criterion.
 MST meter source thickness
 NA       not available
 NLL      Not likely to leach under most soil conditions.
 NLV      Not likely to volatilize under most conditions.
 PSI      particulate soil inhalation
 SDBL statewide default background levels
 SL      screening level
 SVIAI   soil volatilization to indoor air inhalation
 VIAP    volatilization to indoor air pathway
 VSIC    volatile soil inhalation criteria




Packet Page 198
Packet Page 199
                                                                                                                                                                                                                                                                                                                               Fishbeck | 1 of 2
  Table 1 - Soil Data Summary
  Leestma Management, LLC, 1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan
  October 2022
  Sample Location:                                      APNSB-01      APNSB-02       APNSB-03        APNSB-04      APNSB-05    Field Blank                                                          Soil
                                                                                                                                              Statewide                                                                       Finite VSIC   Finite VSIC    Particulate
  Depth Interval (ft):                                    (2-4)         (6-8)          (1-3)          (4.5-6.5)      (4-6)                                  Drinking Water                    Volatilization to   Infinite                                                    Direct        Soil Saturation
                                                                                                                                                Default                           GSIP                                       for 5 Meter for 2 Meter           Soil                                                Soil
  Investigative/Field Duplicate/QC:                   Investigative Investigative  Investigative   Investigative Investigative     QC                         Protection                         Indoor Air       Source                                                     Contact        Concentration
                                                                                                                                             Background                        Criteria (1)                                     Source        Source       Inhalation                                           VIAP SL
                                                                                                                                                                                                                                                                                                                        (2)
  Laboratory ID:                                     22102086-07 22102086-08      22102086-09      22102086-10 22102086-11 22102086-12                         Criteria (1)                     Inhalation        VSIC (1)                                                  Criteria (1)         SL   (1)
                                                                                                                                               Levels (1)                                                                    Thickness (1) Thickness (1)   Criteria (1)
  Collection Date:                                      10/21/22      10/21/22       10/21/22        10/21/22      10/21/22     10/21/22                                                         Criteria (1)
  Volatile Organic Compounds            CAS Number
  1,1,1,2-Tetrachloroethane               630-20-6           20 U          21 U            23 U         22   U        20   U        30   U       NA              1,500              ID             6,200           36,000      54,000        1.00E+05       4.20E+08        4.80E+05 (C)      4.40E+05             3.2 (M*)
  1,1,1-Trichloroethane                   71-55-6            20 U          21 U            23 U         22   U        20   U        30   U       NA              4,000            1,800          2.50E+05         3.80E+06    1.20E+07       2.80E+07       6.70E+10        5.00E+08 (C)      4.60E+05             450 (EE)
  1,1,2,2-Tetrachloroethane               79-34-5            20 U          21 U            23 U         22   U        20   U        30   U       NA               170           1,600 (X)          4,300           10,000      10,000         14,000        5.40E+07           53,000         8.70E+05             2.7 (M*)
  1,1,2-Trichloro-1,2,2-trifluoroethane   76-13-1            20 U          21 U            23 U         22   U        20   U        30   U       NA          9.00E+06 (C)         1,700        5.10E+06 (C)       1.80E+08    8.80E+08       2.10E+09       5.10E+12       1.00E+09 (C,D)     5.50E+05               860
  1,1,2-Trichloroethane                   79-00-5            20 U          21 U            23 U         22   U        20   U        30   U       NA               100           6,600 (X)          4,600           17,000      21,000         44,000        1.90E+08          1.80E+05        9.20E+05            0.37 (M*)
  1,1-Dichloroethane                      75-34-3            20 U          21 U            23 U         22   U        20   U        30   U       NA             18,000           15,000          2.30E+05         2.10E+06    5.90E+06       1.40E+07       3.30E+10        2.70E+07 (C)      8.90E+05             2.6 (M*)
  1,1-Dichloroethene                      75-35-4            20 U          21 U            23 U         22   U        20   U        30   U       NA               140             2,600              62             1,100       5,300         13,000        6.20E+07          2.00E+05        5.70E+05             12 (M*)
  1,2,3-Trichloropropane                  96-18-4            20 U          21 U            23 U         22   U        20   U        30   U       NA               840              NA              4,000            9,200       9,200         11,000        2.00E+07        1.30E+06 (C)      8.30E+05             2.6 (M*)
  1,2,4-Trichlorobenzene                  120-82-1           68 U          70 U            76 U         72   U        68   U       100   U       NA              4,200          5,900 (X)      9.60E+06 (C)       2.80E+07    2.80E+07       2.80E+07       2.50E+10       9.90E+05 (DD)      1.10E+06             53 (M*)
  1,2,4-Trimethylbenzene                  95-63-6            20 U          21 U            23 U         22   U        20   U        30   U       NA              2,100             570         4.30E+06 (C)       2.10E+07    5.00E+08       5.00E+08       8.20E+10        3.20E+07 (C)      1.10E+05             150 (JT)
  1,2-Dibromo-3-chloropropane (DBCP)      96-12-8            68 U          70 U            76 U         72   U        68   U       100   U       NA           10 (M); 4.0           ID              220              260         260            260         5.60E+05          4,400 (C)         1,200               DATA
  1,2-Dibromoethane (EDB)                 106-93-4           20 U          21 U            23 U         22   U        20   U        30   U       NA           20 (M); 1.0        110 (X)            670             1,700       1,700          3,300        1.40E+07              92          8.90E+05           0.074 (M*)
  1,2-Dichlorobenzene                     95-50-1            20 U          21 U            23 U         22   U        20   U        30   U       NA             14,000             280         1.10E+07 (C)       3.90E+07    3.90E+07       5.20E+07       1.00E+11        1.90E+07 (C)      2.10E+05              1,500
  1,2-Dichloroethane                      107-06-2           68 U          70 U            76 U         72   U        68   U       100   U       NA               100           7,200 (X)          2,100            6,200      11,000         26,000        1.20E+08           91,000         1.20E+06            0.82 (M*)
  1,2-Dichloropropane                     78-87-5            20 U          21 U            23 U         22   U        20   U        30   U       NA               100           4,600 (X)          4,000           25,000      50,000        1.10E+05       2.70E+08          1.40E+05        5.50E+05             2.1 (M*)
  1,3,5-Trimethylbenzene                  108-67-8           68 U          70 U            76 U         72   U        68   U       100   U       NA              1,800            1,100        2.60E+06 (C)       1.60E+07    3.80E+08       3.80E+08       8.20E+10        3.20E+07 (C)       94,000              100 (JT)
  1,3-Dichlorobenzene                     541-73-1           20 U          21 U            23 U         22   U        20   U        30   U       NA               170              680            26,000           79,000      79,000        1.10E+05       2.00E+08        2.00E+05 (C)      1.70E+05             10 (M*)
  1,3-Dichloropropene, cis-              10061-01-5          20 U          21 U            23 U         22   U        20   U        30   U       --                --               --                --              --          --             --             --                --               --                  --
  1,3-Dichloropropene, trans-            10061-02-6          20 U          21 U            23 U         22   U        20   U        30   U       --                --               --                --              --          --             --             --                --               --                  --
  1,3-Dichloropropene (Total)             542-75-6           40 U          42 U            46 U         44   U        40   U        60   U       NA               170            180 (X)           1,000           18,000      68,000        1.60E+05       7.80E+08           10,000         6.20E+05            3.1 (J,M*)
  1,4-Dichlorobenzene                     106-46-7           20 U          21 U            23 U         22   U        20   U        30   U       NA              1,700             360            19,000           77,000      77,000        1.10E+05       4.50E+08          4.00E+05           NA                23 (M*)
  2-Butanone (MEK)                        78-93-3          140 U         140 U            150 U        140   U       140   U       200   U       NA            2.60E+05          44,000        5.40E+07 (C)       2.90E+07    2.90E+07       3.50E+07       6.70E+10      1.20E+08 (C,DD)     2.70E+07          31,000 (DD*)
  2-Hexanone                              591-78-6           20 U          21 U            23 U         22   U        20   U        30   U       NA             20,000              ID           9.90E+05         1.10E+06    1.10E+06       1.40E+06       2.70E+09        3.20E+07 (C)      2.50E+06            210 (M*)
  2-Methylnaphthalene                     91-57-6            68 U          70 U            36 J         44   J        68   U       100   U       NA             57,000            4,200          2.70E+06         1.50E+06    1.50E+06       1.50E+06       6.70E+08          8.10E+06           NA                 1,700
  4-Methyl-2-pentanone (MIBK)             108-10-1           20 U          21 U            23 U         22   U        20   U        30   U       NA             36,000              ID         3.70E+07 (C)       4.50E+07    4.50E+07       6.70E+07       1.40E+11        5.60E+07 (C)      2.70E+06              3,300
  Acetone                                 67-64-1          140           170               76 U        170           180           340           NA             15,000           34,000        2.90E+08 (C)       1.30E+08    1.30E+08       1.90E+08       3.90E+11          2.30E+07        1.10E+08         2.60E+05 (EE)
  Acrylonitrile                           107-13-1           68 U          70 U            76 U         72   U        68   U       100   U       NA          100 (M); 52      100 (M); 40          6,600            5,000       5,100         10,000        4.60E+07           16,000         8.30E+06             1.2 (M*)
  Benzene                                 71-43-2            20 U          21 U            23 U         22   U        20   U        30   U       NA               100           4,000 (X)          1,600           13,000      34,000         79,000        3.80E+08          1.80E+05        4.00E+05             1.7 (M*)
  Bromochloromethane                      74-97-5            20 U          21 U            23 U         22   U        20   U        30   U       --                --               --               --               --          --             --             --                --              ---                  --
  Bromodichloromethane                    75-27-4            20 U          21 U            23 U         22   U        20   U        30   U       NA           1,600 (W)             ID             1,200            9,100       9,700         19,000        8.40E+07          1.10E+05        1.50E+06            0.61 (M*)
  Bromoform                               75-25-2            20 U          21 U            23 U         22   U        20   U        30   U       NA           1,600 (W)             ID           1.50E+05         9.00E+05    9.00E+05       9.00E+05       2.80E+09          8.20E+05        8.70E+05             45 (M*)
  Bromomethane                            74-83-9            68 U          70 U            76 U         72   U        68   U       100   U       NA               200              100              860            11,000      57,000        1.40E+05       3.30E+08          3.20E+05        2.20E+06            0.90 (M*)
  Carbon disulfide                        75-15-0            20 U          21 U            23 U         22   U        20   U        30   U       NA             16,000              ID            76,000          1.30E+06    7.90E+06       1.90E+07       4.70E+10      7.20E+06 (C,DD)     2.80E+05             52 (M*)
  Carbon tetrachloride                    56-23-5            20 U          21 U            23 U         22   U        20   U        30   U       NA               100            760 (X)            190             3,500      12,000         28,000        1.30E+08           96,000         3.90E+05            0.31 (M*)
  Chlorobenzene                           108-90-7           20 U          21 U            23 U         22   U        20   U        30   U       NA              2,000             500           1.20E+05         7.70E+05    9.90E+05       2.10E+06       4.70E+09        4.30E+06 (C)      2.60E+05                82
  Chloroethane                            75-00-3            68 U          70 U            76 U         72   U        68   U       100   U       NA              8,600         22,000 (X)      2.90E+06 (C)       3.00E+07    1.20E+08       2.80E+08       6.70E+11        2.60E+06 (C)      9.50E+05               330
  Chloroform                              67-66-3            20 U          21 U            23 U         22   U        20   U        30   U       NA           1,600 (W)           7,000            7,200           45,000     1.20E+05       2.70E+05       1.30E+09          1.20E+06        1.50E+06            0.26 (M*)
  Chloromethane                           74-87-3            68 U          70 U            76 U         72   U        68   U       100   U       NA              5,200              ID             2,300           40,000     4.10E+05       1.00E+06       4.90E+09        1.60E+06 (C)      1.10E+06             6.9 (M*)
  cis-1,2-Dichloroethene                  156-59-2           20 U          21 U            23 U         22   U        20   U        30   U       NA              1,400           12,000           22,000          1.80E+05    4.20E+05       9.90E+05       2.30E+09        2.50E+06 (C)      6.40E+05             2.1 (M*)
  Dibromochloromethane                    124-48-1           20 U          21 U            23 U         22   U        20   U        30   U       NA           1,600 (W)             ID             3,900           24,000      24,000         33,000        1.30E+08          1.10E+05        6.10E+05         0.40 (M*,MM)
  Dibromomethane                          74-95-3            20 U          21 U            23 U         22   U        20   U        30   U       NA              1,600             NA                ID               ID          ID             ID            ID           2.50E+06 (C)      2.00E+06             3.5 (M*)
  Dichlorodifluoromethane                 75-71-8            68 U          70 U            76 U         72   U        68   U       100   U       NA             95,000              ID           9.00E+05         5.30E+07    5.50E+08       1.40E+09       3.30E+12        5.20E+07 (C)      1.00E+06             12 (M*)
  Diethyl ether                           60-29-7            20 U          21 U            23 U         22   U        20   U        30   U       NA               200               ID         2.80E+07 (C)       8.50E+07    1.50E+08       3.40E+08       8.00E+11        1.10E+08 (C)      7.40E+06               350
  Ethylbenzene                            100-41-4           20 U          21 U            23 U         22   U        20   U        30   U       NA              1,500             360            87,000          7.20E+05    1.00E+06       2.20E+06       1.00E+10        2.20E+07 (C)      1.40E+05             12 (M*)
  Hexachloroethane                        67-72-1            68 U          70 U            76 U         72   U        68   U       100   U       NA               430           1,800 (X)         40,000          5.50E+05    9.30E+05       9.30E+05       2.30E+08          2.30E+05           NA                3.2 (M*)
  Iodomethane                             74-88-4          340 U         350 U            380 U        360   U       340   U       500   U       --                --               --               --               --          --             --             --                --              --                   --
  Isopropyl benzene (Cumene)              98-82-8            20 U          21 U            23 U         22   U        20   U        30   U       NA             91,000            3,200        4.00E+05 (C)       1.70E+06    1.70E+06       2.80E+06       5.80E+09        2.50E+07 (C)      3.90E+05             3.8 (M*)
  Methyl-tert-butyl ether (MTBE)         1634-04-4           20 U          21 U            23 U         22   U        20   U        30   U       NA               800         1.40E+05 (X)     9.90E+06 (C)       2.50E+07    3.90E+07       8.70E+07       2.00E+11          1.50E+06        5.90E+06             74 (M*)
  Methylene chloride                      75-09-2          170 U         170 U            190 U        180   U       170   U       250   U       NA               100          30,000 (X)         45,000          2.10E+05    5.90E+05       1.40E+06       6.60E+09          1.30E+06        2.30E+06               130
  n-Propylbenzene                         103-65-1           20 U          21 U            23 U         22   U        20   U        30   U       NA              1,600              ID               ID               ID          ID             ID         1.30E+09          2.50E+06        1.00E+07           1,800 (DD*)
  Naphthalene                             91-20-3            68 U          70 U            76 U         89            68   U       100   U       NA             35,000             730           2.50E+05         3.00E+05    3.00E+05       3.00E+05       2.00E+08          1.60E+07           NA                67 (M*)
  Styrene                                 100-42-5           20 U          21 U            23 U         22   U        20   U        30   U       NA              2,700          2,100 (X)        2.50E+05         9.70E+05    9.70E+05       1.40E+06       5.50E+09          4.00E+05        5.20E+05               150
  Tetrachloroethene (PCE)                 127-18-4           20 U          21 U            23 U         22   U        20   U        30   U       NA               100           1,200 (X)         11,000          1.70E+05    4.80E+05       1.10E+06       2.70E+09        2.00E+05 (C)       88,000            6.2 (M*,EE)
  Toluene                                 108-88-3           20 U          21 U            23 U         22   U        20   U        30   U       NA             16,000            5,400        3.30E+05 (C)       2.80E+06    5.10E+06       1.20E+07       2.70E+10        5.00E+07 (C)      2.50E+05              3,700
  trans-1,2-Dichloroethene                156-60-5           20 U          21 U            23 U         22   U        20   U        30   U       NA              2,000         30,000 (X)         23,000          2.80E+05    8.30E+05       2.00E+06       4.70E+09        3.80E+06 (C)      1.40E+06             12 (M*)
  trans-1,4-Dichloro-2-butene             110-57-6           20 U          21 U            23 U         22   U        20   U        30   U       --                --               --               --               --          --             --             --                --              --                   --
  Trichloroethene (TCE)                   79-01-6            20 U          21 U            23 U         22   U        20   U        30   U       NA               100           4,000 (X)          1,000           11,000      25,000         57,000        1.30E+08       1.10E+05 (DD)      5.00E+05        0.33 (M*,DD*)
  Trichlorofluoromethane                  75-69-4            20 U          21 U            23 U         22   U        20   U        30   U       NA             52,000             NA          2.80E+06 (C)       9.20E+07    6.30E+08       1.50E+09       3.80E+12        7.90E+07 (C)      5.60E+05             19 (M*)
  Vinyl acetate                           108-05-4         170 U         170 U            190 U        180   U       170   U       250   U       NA             13,000             NA            7.90E+05         1.70E+06    2.60E+06       5.80E+06       1.30E+10        5.80E+06 (C)      2.40E+06            160 (M*)
  Vinyl chloride                          75-01-4            20 U          21 U            23 U         22   U        20   U        30   U       NA                40            260 (X)            270             4,200      30,000         73,000        3.50E+08            3,800         4.90E+05        0.082 (M*,MM)
  Xylenes, meta- & para-                179601-23-1          41 U          42 U            46 U         43   U        41   U        60   U       --                --               --               --               --          --             --             --                --              --                   --
  Xylene, ortho-                          95-47-6            20 U          21 U            23 U         22   U        20   U        30   U       --                --               --               --               --          --             --             --                --              --                   --
  Xylenes, Total                         1330-20-7           61 U          63 U            68 U         65   U        61   U        90   U       NA              5,600             980         6.30E+06 (C)       4.60E+07    6.10E+07       1.30E+08       2.90E+11        4.10E+08 (C)      1.50E+05              280 (J)




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  Table 1 - Soil Data Summary
  Leestma Management, LLC, 1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan
  October 2022
  Sample Location:                                      APNSB-01      APNSB-02       APNSB-03                               APNSB-04      APNSB-05    Field Blank                                                                   Soil
                                                                                                                                                                          Statewide                                                                               Finite VSIC   Finite VSIC       Particulate
  Depth Interval (ft):                                    (2-4)         (6-8)          (1-3)                                 (4.5-6.5)      (4-6)                                        Drinking Water                       Volatilization to     Infinite                                                           Direct       Soil Saturation
                                                                                                                                                                            Default                              GSIP                                            for 5 Meter for 2 Meter              Soil                                                   Soil
  Investigative/Field Duplicate/QC:                   Investigative Investigative  Investigative                          Investigative Investigative     QC                               Protection                            Indoor Air         Source                                                            Contact       Concentration
                                                                                                                                                                         Background                           Criteria (1)                                          Source        Source          Inhalation                                              VIAP SL
                                                                                                                                                                                                                                                                                                                                                                  (2)
  Laboratory ID:                                     22102086-07 22102086-08      22102086-09                             22102086-10 22102086-11 22102086-12                               Criteria (1)                        Inhalation          VSIC (1)                                                         Criteria (1)         SL   (1)
                                                                                                                                                                           Levels (1)                                                                            Thickness (1) Thickness (1)      Criteria (1)
  Collection Date:                                      10/21/22      10/21/22       10/21/22                               10/21/22      10/21/22     10/21/22                                                                  Criteria (1)
  Polynuclear Aromatic Compounds       CAS Number
  2-Methylnaphthalene                    91-57-6             4.4 U         47 U            4.6 U                               4.5 U          62   U            --            NA             57,000             4,200             2.70E+06         1.50E+06        1.50E+06        1.50E+06        6.70E+08          8.10E+06              NA               1,700
  Acenaphthene                           83-32-9             4.4 U         47 U            4.6 U                               30             62   U            --            NA            3.00E+05            8,700             1.90E+08         8.10E+07        8.10E+07        8.10E+07        1.40E+10          4.10E+07              NA             2.00E+05
  Acenaphthylene                         208-96-8            4.4 U         47 U            4.6 U                               4.5 U          62   U            --            NA              5,900               ID              1.60E+06         2.20E+06        2.20E+06        2.20E+06        2.30E+09          1.60E+06              NA               DATA
  Anthracene                             120-12-7            4.4 U         47 U            4.6 U                              210             62   U            --            NA             41,000               ID              1.00E+09         1.40E+09        1.40E+09        1.40E+09        6.70E+10          2.30E+08              NA             1.30E+07
  Benzo(a)anthracene                     56-55-3             8.3           47 U            4.6 U                              230             65                --            NA               NLL               NLL                 NLV              NLV             NLV             NLV             ID              20,000               NA          1.60E+05 (MM)
  Benzo(a)pyrene                         50-32-8             7.2           47 U            4.6 U                              180             70                --            NA               NLL               NLL                 NLV              NLV             NLV             NLV          1.50E+06            2,000               NA                NA
  Benzo(b)fluoranthene                   205-99-2            8.8           47 U            4.6 U                              210            130                --            NA               NLL               NLL                  ID               ID              ID              ID             ID              20,000               NA                NA
  Benzo(g,h,i)perylene                   191-24-2            4.9           47 U            4.6 U                              120             89                --            NA               NLL               NLL                 NLV              NLV             NLV             NLV          8.00E+08          2.50E+06              NA                NA
  Benzo(k)fluoranthene                   207-08-9            5.7           47 U            4.6 U                              110             61   J            --            NA               NLL               NLL                 NLV              NLV             NLV             NLV             ID             2.00E+05              NA                NA
  Chrysene                               218-01-9            13            63              5.0                                260            130                --            NA               NLL               NLL                  ID               ID              ID              ID             ID             2.00E+06              NA                NA
  Dibenzo(a,h)anthracene                 53-70-3             4.4 U         47 U            4.6 U                               19             62   U            --            NA               NLL               NLL                 NLV              NLV             NLV             NLV             ID               2,000               NA                NA
  Fluoranthene                           206-44-0            18            60              6.6                                700             98                --            NA            7.30E+05            5,500             1.00E+09         7.40E+08        7.40E+08        7.40E+08        9.30E+09          4.60E+07              NA                NA
  Fluorene                               86-73-7             4.4 U         47 U            4.6 U                               49             62   U            --            NA            3.90E+05            5,300             5.80E+08         1.30E+08        1.30E+08        1.30E+08        9.30E+09          2.70E+07              NA             4.70E+05
  Indeno(1,2,3-cd)pyrene                 193-39-5            4.4           47 U            4.6 U                              150             71                --            NA               NLL               NLL                 NLV              NLV             NLV             NLV             ID              20,000               NA                NA
  Naphthalene                            91-20-3             4.4 U         47 U            4.6 U                               4.5 U          62   U            --            NA             35,000              730              2.50E+05         3.00E+05        3.00E+05        3.00E+05        2.00E+08          1.60E+07              NA              67 (M*)
  Phenanthrene                           85-01-8             4.4 U         47 U            4.6 U                              620             62   U            --            NA             56,000             2,100             2.80E+06         1.60E+05        1.60E+05        1.60E+05        6.70E+06          1.60E+06              NA               1,700
  Pyrene                                 129-00-0            18            77              8.7                                580            120                --            NA            4.80E+05              ID            1.00E+09 (D)       6.50E+08        6.50E+08        6.50E+08        6.70E+09          2.90E+07              NA             2.50E+07
  Metals, Total                        CAS Number
  Arsenic (B)                           7440-38-2         3,900         3,700           9,100                               4,400         9,100                 --          5,800             4,600              4,600              NLV               NLV            NLV             NLV           7.20E+05            7,600               NA                NA
  Barium (B)                            7440-39-3         9,500        18,000 J         9,200                               7,000        14,000                 --         75,000           1.30E+06         4.40E+05 (G)           NLV               NLV            NLV             NLV           3.30E+08          3.70E+07              NA                NA
  Cadmium (B)                           7440-43-9            76 J         790           1,000                                 120 J         150    U            --          1,200             6,000           3,600 (G,X)           NLV               NLV            NLV             NLV           1.70E+06          5.50E+05              NA                NA
  Chromium, Total (B, H)                7440-47-3       20,000        50,000          140,000                              22,000        38,000                 --      18,000 (total)       30,000              3,300              NLV               NLV            NLV             NLV           2.60E+05          2.50E+06              NA                NA
  Copper (B)                            7440-50-8        19,000        32,000          77,000                              48,000        89,000                 --         32,000           5.80E+06          75,000 (G)            NLV               NLV            NLV             NLV           1.30E+08          2.00E+07              NA                NA
  Lead (B)                              7439-92-1        16,000        38,000          65,000                               6,900         4,600                 --         21,000           7.00E+05        5.10E+06 (G,X)          NLV               NLV            NLV             NLV           1.00E+08          4.00E+05              NA                NA
  Mercury (Total) (B)                   7439-97-6            19 U          24             280                                 940            19    U            --           130              1,700           50 (M); 1.2          48,000            52,000         52,000          52,000         2.00E+07          1.60E+05              NA              22 (M*)
  Selenium (B)                          7782-49-2           350 U         390 U        36,000                                 390 U         380    U            --           410              4,000               400               NLV               NLV            NLV             NLV           1.30E+08          2.60E+06              NA                NA
  Silver (B)                            7440-22-4           350 U          62 J           410                                  69 J         380    U            --          1,000             4,500           100 (M); 27           NLV               NLV            NLV             NLV           6.70E+06          2.50E+06              NA                NA
  Zinc (B)                              7440-66-6        19,000        30,000         290,000                              15,000         7,000                 --         47,000           2.40E+06         1.70E+05 (G)           NLV               NLV            NLV             NLV              ID             1.70E+08              NA                NA
  Solids, Total (%)                         --             93.4          91.1            89.0                                90.3          92.8                --             --                --                 --                --                --             --              --               --                --                --                 --
  Results expressed in µg/Kg dry weight.
  Bolded values exceed Statewide Default Background Level and an applicable criterion or screening level.
  Italicized values are below Statewide Default Background Level but exceed an applicable criterion or screening level.
  Underlined parameters are classified as Polynuclear Aromatic Compounds.
  Data Qualifiers:
  J      Estimated value
  U      Not detected
  Footnotes/Abbreviations:
  (1)
      Part 201 Residential Soil Generic Cleanup Criteria and Screening Levels/Part 213 Risk-based Screening Levels, December 30, 2013 (GSI Criteria Updated June 25, 2018).
  (2)
      EGLE Volatilization to Indoor Air Pathway Screening Levels, September 4, 2020.
  (B)       Background, as defined in R 299.5701(b), may be substituted if higher than the calculated criterion.
  (C)       Value is screening level based on the chemical-specific generic soil saturation concentration (Csat).
  (D)       Calculated criterion exceeds 100 percent; hence it is reduced to 100 percent or 1.00E+09 parts per billion (ppb).
  (G)       Criterion dependent on receiving surface water (SW) hardness; calculated criteria based on water hardness of 150 mg/L.
  (H)       Data provided for total chromium only; evaluated against hexavalent chromium criteria.
  (J)       Hazardous substance may be present in several isomer forms. Isomer-specific concentrations must be added together for comparison to criteria.
  (JT)      Hazardous substance may be present in several isomer forms. The VIAP SL may be used for the individual isomer provided that it is the sole isomer detected; however, when multiple isomers are detected in a medium, the isomer-specific concentrations must be added together and compared to the most restrictive VIAP SL of the detected isomers.
  (M)       Calculated criterion is below the target detection limit (TDL); first number is the criterion (TDL), the second is the risk-based value.
  (M*) The VIAP SL may be below TDL. In accordance with Sec. 20120a(10) when the TDL for a hazardous substance is greater than the developed VIAP SL, the TDL is used to evaluate the risk posed from the pathway.
  (W)       Concentrations of trihalomethanes must be added together to determine compliance with criterion.
  (X)       Criterion is not protective for SW used as a drinking water (DW) source.
  (DD) Hazardous substance causes developmental effects. Residential direct contact criteria are protective of both prenatal and postnatal exposure.
  (DD*) Hazardous substance causes developmental effects. Residential VIAP SLs are protective of both prenatal exposure using a pregnant female receptor and postnatal exposure using a child receptor. Prenatal developmental effects may occur after an acute (i.e. short- term) or full-term exposure.
  (EE)      The acceptable air concentration (AAC) for the volatile hazardous substances is not derived using standard equations. The hazardous substance may cause adverse human health effects for less than chronic exposures (i.e. short-term or acute). The AAC for these hazardous substances is the acute or intermediate minimum risk level (MRL) developed by
            the Agency for Toxic Substances and Disease Registry (ATSDR), a USEPA Integrated Risk Information System (IRIS) acute reference concentration, or an acute initial threshold screening level (ITSL) by the EGLE’s Air Quality Division.
  (MM) Hazardous substance is a carcinogen with a mutagenic mode of action. The cancer potency values used in calculating VIAP SLs are modified using age-dependent adjustment factors for those carcinogenic chemicals identified as mutagenic.
  DATA Insufficient physical chemical parameters to calculate a VIAP SL for specified media. If detections are present in specified media, health-based soil vapor value should be used to evaluate risk.
  GSIP groundwater surface water interface protection
  ID        Insufficient data to develop criterion.
  NA        not available
  NLL       Not likely to leach under most soil conditions.
  NLV       Not likely to volatilize under most conditions.
  SL        screening level
  VIAP volatilization to indoor air pathway
  VSIC volatile soil inhalation criteria




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  Table 2 - Groundwater Data Summary
  Leestma Management, LLC, 1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan
  October 2022
  Monitoring Location:                                  APNTW-01      APNTW-02      APNTW-03  APNTW-04   APNTW-05   Trip Blank
                                                                                                                                                                Residential                       Flammability     Residential GW-     Residential GW-
  Depth Interval (ft):                                   (6.5-11.5)     (6-11)        (7-12)  (9.5-14.5) (7.5-12.5)              Residential        GSI                           Water
                                                                                                                                                               Groundwater                       and Explosivity       Shallow        Not in Contact VIAP
  Laboratory ID:                                      22102086-01 22102086-02 22102086-03 22102086-04 22102086-05 22102086-06     DWC (1)       Criteria (1)           (1)      Solubility (1)
  Collection Date:                                                                                                                                               VIAIC                                SL (1)          VIAP SL
                                                                                                                                                                                                                              (2)
                                                                                                                                                                                                                                              SL
                                                                                                                                                                                                                                                 (2)
                                                         10/21/22      10/21/22      10/21/22  10/21/22   10/21/22  10/21/22
  Volatile Organic Compounds            CAS Number
  1,1,1,2-Tetrachloroethane              630-20-6               1U          1U             1U       1U         1U          1U         77             ID            15,000        1.10E+06              ID                  3.1                 89
  1,1,1-Trichloroethane                   71-55-6               1U          1U             1U       1U         1U          1U       200 (A)          89           6.60E+05       1.33E+06              ID               180 (FF*)         17,000 (EE*)
  1,1,2,2-Tetrachloroethane               79-34-5               1U          1U             1U       1U         1U          1U         8.5          78 (X)          12,000        2.97E+06              ID                  2.4                 71
  1,1,2-Trichloro-1,2,2-trifluoroethane   76-13-1               1U          1U             1U       1U         1U          1U    1.70E+05 (S)        32         1.70E+05 (S)     1.70E+05              ID                  840                2,700
  1,1,2-Trichloroethane                   79-00-5               1U          1U             1U       1U         1U          1U       5.0 (A)       330 (X)          17,000        4.42E+06             NA               0.47 (M*)               14
  1,1-Dichloroethane                      75-34-3               1U          1U             1U       1U         1U          1U         880           740           1.00E+06       5.06E+06          3.80E+05                4.7                 130
  1,1-Dichloroethene                      75-35-4               1U          1U             1U       1U         1U          1U       7.0 (A)         130              200         2.25E+06           97,000                  18                 330
  1,2,3-Trichloropropane                  96-18-4               1U          1U             1U       1U         1U          1U         42             NA             8,300        1.90E+06             NA                   1.9                 57
  1,2,4-Trichlorobenzene                 120-82-1               1U          1U             1U       1U         1U          1U       70 (A)         99 (X)       3.00E+05 (S)     3.00E+05             NA                3.8 (M*)               110
  1,2,4-Trimethylbenzene                  95-63-6               1U          1U           3.8        1U         1U          1U    63/1,000 (E)        17          56,000 (S)       55,890           56,000 (S)            25 (JT)            670 (JT)
  1,2-Dibromo-3-chloropropane (DBCP)      96-12-8               1U          1U             1U       1U         1U          1U      0.20 (A)          ID              220           1,230              NA           0.00045 (M*,MM)   0.00045 (CC*,M*,MM)
  1,2-Dibromoethane (EDB)                106-93-4               1U          1U             1U       1U         1U          1U      0.050 (A)       5.7 (X)          2,400        4.20E+06              ID                 0.13                 3.8
  1,2-Dichlorobenzene                     95-50-1               1U          1U             1U       1U         1U          1U       600 (A)          13         1.60E+05 (S)     1.56E+05             NA                   370               11,000
  1,2-Dichloroethane                     107-06-2               1U          1U             1U       1U         1U          1U       5.0 (A)       360 (X)           9,600        8.52E+06          2.50E+06                1.4                 41
  1,2-Dichloropropane                     78-87-5               1U          1U             1U       1U         1U          1U       5.0 (A)       230 (X)          16,000        2.80E+06          5.50E+05                2.6                 74
  1,3,5-Trimethylbenzene                 108-67-8               1U          1U           1.4        1U         1U          1U    72/1,000 (E)        45          61,000 (S)       61,150               ID                18 (JT)            470 (JT)
  1,3-Dichlorobenzene                    541-73-1               1U          1U             1U       1U         1U          1U         6.6            28            18,000        1.11E+05              ID                  2.6                 75
  1,3-Dichloropropene, cis-             10061-01-5              1U          1U             1U       1U         1U          1U          --             --              --             --                --                   --                  --
  1,3-Dichloropropene, trans-           10061-02-6              1U          1U             1U       1U         1U          1U          --             --              --             --                --                   --                  --
  1,3-Dichloropropene (Total) (Calc.)    542-75-6               2U          2U             2U       2U         2U          2U         8.5          9.0 (X)          3,900        2.80E+06          1.30E+05              3.3 (J)              95 (J)
  1,4-Dichlorobenzene                    106-46-7               1U          1U             1U       1U         1U          1U       75 (A)           17            16,000         73,800              NA                   5.9                 170
  2-Butanone (MEK)                        78-93-3             2.2 J         5U             5U       5U         5U        2.0 J      13,000         2,200        2.40E+08 (S)     2.40E+08              ID              2,600 (DD)        4.30E+06 (DD)
  2-Hexanone                             591-78-6               5U          5U             5U       5U         5U          5U        1,000           ID           4.20E+06       1.60E+07             NA                   660               20,000
  2-Methylnaphthalene                     91-57-6             25 U         77             43       28          5U        1.5 J        260            19          25,000 (S)       24,600               ID                   66                2,000
  4-Methyl-2-pentanone (MIBK)            108-10-1               1U          1U             1U       1U         1U          1U        1,800           ID         2.00E+07 (S)     2.00E+07              ID                  660               20,000
  Acetone                                 67-64-1             10 U         10 U          10 U      10 U       10 U        10 U        730          1,700       1.00E+09 (D,S)    1.00E+09          1.50E+07           50,000 (FF*)           50,000
  Acrylonitrile                          107-13-1               1U          1U             1U       1U         1U          1U         2.6       2.0 (M); 1.2       34,000        7.50E+07          6.40E+06                4.6                 140
  Benzene                                 71-43-2               1U          1U           3.7        1U         1U          1U       5.0 (A)       200 (X)           5,600        1.75E+06           68,000                 1.0                 28
  Bromochloromethane                      74-97-5               1U          1U             1U       1U         1U          1U          --             --              --             --                --                   --                  --
  Bromodichloromethane                    75-27-4               1U          1U             1U       1U         1U          1U      80 (A,W)          ID             4,800        6.74E+06              ID                  1.2                 34
  Bromoform                               75-25-2               1U          1U             1U       1U         1U          1U      80 (A,W)          ID           4.70E+05       3.10E+06              ID                   89                2,700
  Bromomethane                            74-83-9               1U          1U             1U       1U         1U          1U         10        5.0 (M); 4.2        4,000        1.45E+07              ID               2.1 (M*)               55
  Carbon Disulfide                        75-15-0               1U          1U           1.1        1U         1U          1U         800            ID           2.50E+05       1.19E+06           13,000                  92                2,100
  Carbon Tetrachloride                    56-23-5               1U          1U             1U       1U         1U          1U       5.0 (A)        38 (X)            370         7.93E+05              ID              0.41 (M*)               7.7
  Chlorobenzene                          108-90-7               1U          1U             1U       1U         1U          1U       100 (A)          25           2.10E+05       4.72E+05          1.60E+05                 33                 940
  Chloroethane                            75-00-3               1U          1U             1U       1U         1U        4.6          430        1,100 (X)      5.70E+06 (S)     5.74E+06          1.10E+05                620               15,000
  Chloroform                              67-66-3               1U          1U             1U       1U         1U          1U      80 (A,W)         350            28,000        7.92E+06              ID              0.49 (M*)               14
  Chloromethane                           74-87-3               1U          1U             1U       1U         1U          1U         260            ID             8,600        6.34E+06           36,000                  15                 380
  cis-1,2-Dichloroethene                 156-59-2               1U          1U             1U       1U         1U          1U       70 (A)          620            93,000        3.50E+06          5.30E+05                3.4                 95
  Dibromochloromethane                   124-48-1               1U          1U             1U       1U         1U          1U      80 (A,W)          ID            14,000        2.60E+06              ID            0.78 (M*,MM)           23 (MM)
  Dibromomethane                          74-95-3               1U          1U             1U       1U         1U          1U         80             NA               ID         1.10E+07              ID                  8.8                 260
  Dichlorodifluoromethane                 75-71-8               1U          1U             1U       1U         1U          1U        1,700           ID           2.20E+05       3.00E+05              ID                   13                 49
  Diethyl Ether                           60-29-7               1U          1U             1U       1U         1U          1U    10/3,700 (E)        ID         6.10E+07 (S)     6.10E+07          6.50E+05              1,200               36,000
  Ethylbenzene                           100-41-4               1U          1U             1U       1U         1U          1U     74/700 (E)         18           1.10E+05       1.69E+05           43,000                 2.8                 74
  Hexachloroethane                        67-72-1               1U          1U             1U       1U         1U          1U         7.3          6.7 (X)         27,000         50,000               ID               1.5 (M*)               43




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                                                                                                                                                                                                                                                                 Fishbeck | 2 of 3
  Table 2 - Groundwater Data Summary
  Leestma Management, LLC, 1148 & 1204 West Western Ave., Muskegon, Muskegon County, Michigan
  October 2022
  Monitoring Location:                                  APNTW-01      APNTW-02      APNTW-03   APNTW-04   APNTW-05   Trip Blank
                                                                                                                                                                        Residential                     Flammability     Residential GW-    Residential GW-
  Depth Interval (ft):                                   (6.5-11.5)     (6-11)        (7-12)   (9.5-14.5) (7.5-12.5)               Residential             GSI                          Water
                                                                                                                                                                       Groundwater                     and Explosivity       Shallow       Not in Contact VIAP
  Laboratory ID:                                      22102086-01 22102086-02 22102086-03 22102086-04 22102086-05 22102086-06         DWC (1)          Criteria (1)            (1)    Solubility (1)           (1)                  (2)               (2)
  Collection Date:                                                                                                                                                       VIAIC                              SL              VIAP SL                SL
                                                         10/21/22      10/21/22      10/21/22   10/21/22   10/21/22  10/21/22
  Iodomethane                             74-88-4               5U           5U            5U         5U         5U         5U           --                  --              --            --                --                 --                  --
  Isopropylbenzene (Cumene)               98-82-8               1U           1U            1U         1U         1U         1U          800                 28          56,000 (S)      56,000            29,000           0.60 (M*)               15
  Methyl tert-Butyl Ether (MTBE)         1634-04-4              1U           1U            1U         1U         1U         1U      40/240 (E)          7,100 (X)      4.70E+07 (S)    4.68E+07             ID                 250                7,400
  Methylene Chloride                      75-09-2               5U           5U            5U         5U         5U         5U        5.0 (A)           1,500 (X)        2.20E+05      1.70E+07             ID              79 (FF*)              8,400
  n-Propylbenzene                        103-65-1               1U           1U            1U         1U         1U         1U          80                  ID               ID           NA                ID               43 (DD)           6,100 (DD)
  Naphthalene                             91-20-3             25 U          57            22         12          5U         5U          520                 11          31,000 (S)      31,000              NA              4.2 (M*)               130
  Styrene                                100-42-5               1U           1U            1U         1U         1U         1U        100 (A)            80 (X)          1.70E+05      3.10E+05          1.40E+05               33                 960
  Tetrachloroethene (PCE)                127-18-4               1U           1U            1U         1U         1U         1U        5.0 (A)            60 (X)           25,000       2.00E+05             ID              1.5 (FF*)          130 (EE*)
  Toluene                                108-88-3               1U           1U          2.0          1U         1U         1U    790/1,000 (E)            270         5.30E+05 (S)    5.26E+05           61,000            300 (FF*)            41,000
  trans-1,2-Dichloroethene               156-60-5               1U           1U            1U         1U         1U         1U        100 (A)           1,500 (X)         85,000       6.30E+06          2.30E+05               16                 390
  trans-1,4-Dichloro-2-butene            110-57-6               2U           2U            2U         2U         2U         2U           --                  --              --            --                --                 --                  --
  Trichloroethene (TCE)                   79-01-6               1U           1U            1U         1U         1U         1U        5.0 (A)            200 (X)           2,200       1.10E+06             ID           0.073 (M*,DD)           10 (DD)
  Trichlorofluoromethane                  75-69-4               1U           1U            1U         1U         1U         1U         2,600               NA          1.10E+06 (S)    1.10E+06             ID                  22                 190
  Vinyl Acetate                          108-05-4               5U           5U            5U         5U         5U         5U          640                NA            4.10E+06      2.00E+07          1.80E+06              690               21,000
  Vinyl Chloride                          75-01-4               1U           1U            1U         1U         1U         1U        2.0 (A)            13 (X)            1,100       2.76E+06           33,000         0.12 (M*,MM)           2.1 (MM)
  Xylenes, meta- & para-                179601-23-1           2.4            2U            2U         2U         2U         2U           --                  --              --            --                --                 --                  --
  Xylene, ortho-                          95-47-6               1U           1U          1.0          1U         1U         1U           --                  --              --            --                --                 --                  --
  Xylenes, Total                         1330-20-7            2.4 J          3U          1.0 J        3U         3U         3U   280/10,000 (E)             49         1.90E+05 (S)    1.86E+05           70,000              75 (J)            2,000 (J)
  Polynuclear Aromatic Compounds        CAS Number
  2-Methylnaphthalene                     91-57-6               5U           5U         120 U       3.9 J        5U         --          260                19           25,000 (S)      24,600               ID                 66                2,000
  Acenaphthene                            83-32-9               1U      0.074 J          24 U     0.37 J         1U         --         1,300               38           4,200 (S)       4,240                ID             3,900 (S)           3,900 (S)
  Acenaphthylene                         208-96-8               1U           1U          24 U     0.10 J         1U         --          52                 ID           3,900 (S)       3,930                ID                 65              65 (CC*)
  Anthracene                             120-12-7               1U      0.087 J          24 U    0.045 J         1U         --         43 (S)              ID             43 (S)         43.4                ID               43 (S)              43 (S)
  Benzo(a)anthracene                      56-55-3               1U       0.36 J          24 U     0.14 J         1U         --          2.1                ID              NLV           9.4                 ID            9.4 (S,MM)          9.4 (S,MM)
  Benzo(a)pyrene                          50-32-8               1U       0.43 J          24 U     0.18 J         1U         --        5.0 (A)              ID              NLV           1.62                ID                NA                  NA
  Benzo(b)fluoranthene                   205-99-2               1U       0.65 J          24 U     0.31 J         1U         --      1.5 (S,AA)             ID               ID           1.5                 ID                NA                  NA
  Benzo(g,h,i)perylene                   191-24-2               1U       0.31 J          24 U     0.13 J         1U         --  1.0 (M); 0.26 (S)          ID              NLV           0.26                ID                NA                  NA
  Benzo(k)fluoranthene                   207-08-9               1U       0.28 J          24 U         1U         1U         --  1.0 (M); 0.80 (S)          NA              NLV           0.80                ID                NA                  NA
  Chrysene                               218-01-9               1U       0.54 J          24 U     0.27 J         1U         --        1.6 (S)              ID               ID           1.6                 ID                NA                  NA
  Dibenzo(a,h)anthracene                  53-70-3               2U           2U          48 U         2U         2U         --    2.0 (M); 0.21            ID              NLV           2.49                ID                NA                  NA
  Fluoranthene                           206-44-0               1U       0.79 J          24 U     0.26 J         1U         --        210 (S)              1.6           210 (S)         206                 ID                NA                  NA
  Fluorene                                86-73-7               1U           1U          24 U     0.65 J         1U         --          880                12           2,000 (S)       1,980                ID             1,700 (S)           1,700 (S)
  Indeno(1,2,3-cd)pyrene                 193-39-5               2U       0.32 J          48 U         2U         2U         --  2.0 (M); 0.022 (S)         ID              NLV          0.022                ID                NA                  NA
  Naphthalene                             91-20-3               1U           1U          24 U       2.5          1U         --          520                11           31,000 (S)      31,000               NA             4.2 (M*)               130
  Phenanthrene                            85-01-8               1U       0.21 J          24 U     0.76 J         1U         --          52            2.0 (M); 1.7      1,000 (S)       1,000                ID                9.5                 290
  Pyrene                                 129-00-0               1U       0.89 J          24 U     0.39 J         1U         --        140 (S)              ID            140 (S)         135                 ID              140 (S)             140 (S)
  Metals, Total                         CAS Number
  Arsenic                                7440-38-2            1.0 J        8.2 J         28 J       8.6 J      6.1          --        10 (A)               10              NLV             NA                ID               NA                   NA
  Barium (B)                             7440-39-3            37          210           250        180         70           --       2,000 (A)           674 (G)           NLV             NA                ID               NA                   NA
  Cadmium (B)                            7440-43-9              1U         2.4 J         10 U       2.5 J        1U         --        5.0 (A)           3.0 (G,X)          NLV             NA                ID               NA                   NA
  Chromium, Total (B,H)                  7440-47-3            2.7 J         47 J          93         22 J      2.2 J        --        100 (A)              11              NLV             NA                ID               NA                   NA
  Copper (B)                             7440-50-8            1.6 J         71          140          60        1.3 J        --   1,000/1,400 (E)         13 (G)            NLV             NA                ID               NA                   NA
  Lead (B)                               7439-92-1          0.58 J        200           150          88      0.54 J         --        4.0 (L)           34 (G,X)           NLV             NA                ID               NA                   NA
  Mercury (Total) (B)                    7439-97-6            0.2 U        0.2 U         0.2 U    0.31         0.2 U        --        2.0 (A)            0.0013           56 (S)           56                ID              0.088                 2.5
  Selenium (B)                           7782-49-2              5U         50 U          5.5 J      50 U     0.54 J         --        50 (A)               5.0             NLV             NA                ID               NA                   NA
  Silver (B)                             7440-22-4          0.84 U         8.4 U         6.3 J      8.4 U    0.84 U         --          34           0.20 (M); 0.060       NLV             NA                ID               NA                   NA
  Zinc (B)                               7440-66-6            3.9 J        96 J         280        660         12 J         --         2,400             167 (G)           NLV             NA                ID               NA                   NA




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                   Attachment D
                  Reimbursement Agreement




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                           Agenda Item Review Form
                            Muskegon City Commission

    Commission Meeting Date: March 14, 2023              Title: Housing Board of Appeals, Demolitions

    Submitted By: Director Timothy E Kozal               Department: Public Safety

    Brief Summary: To concur with the Housing Board of Appeals decision to demolish and
    authorize administration to obtain bids for the demolition and that the Mayor and Clerk be
    authorized and directed to execute a contract for demolition with the lowest responsible bidder.

    Detailed Summary & Background: Housing Board of Appeals has deemed 835 W. Forest Ave to
    be in property maintenance violation. Property has been a long-standing area of blight and public
    nuisance/hazard.

    Goal/Focus Area/Action Item Addressed:
    Refer to the 2022-2027 Long Term Goals document.

    Amount Requested: BIDS                               Amount Budgeted:
                                                         Contact Finance if your item does not fit into
                                                         the current budget.

    Fund(s) or Account(s):                               Fund(s) or Account(s):

    Recommended Motion: To concur with the Housing Board of Appeals decision to demolish and
    authorize administration to obtain bids for the demolition and that the Mayor and Clerk be
    authorized and directed to execute a contract for demolition with the lowest responsible bidder

    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:




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                           Agenda Item Review Form
                            Muskegon City Commission

    Commission Meeting Date: March 14, 2023                              Title: 2nd Quarter
                                                                         Budget Reforecast

    Submitted By: Kenneth D. Grant                                       Department:
                                                                         Finance

    Brief Summary: At this time staff is asking for approval of the 2nd Quarter Budget
    Reforecast for the FY2022-23 budget year.

    Detailed Summary & Background: Summary: Staff has prepared the 2nd Quarter Budget
    Reforecast a memo outlining some of the highlights is attached and supporting
    documentation.


    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 2nd Quarter FY2022-23 Budget Reforecast as
    presented.

    Approvals: Get approval from division head at a minimum              Guest(s) Invited /
    prior to sending to the Clerk.                                       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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Memo
        To:       City Commission

        From:     Finance Director
        Date:     2/28/2023
        Re:       2nd Quarter Budget Reforecast FY2022-23 - Highlights



        GENERAL FUND

        Revenues:

        Income Tax revenues continue to exceed expectations. So again, we are amending the
        revenue projection for the current fiscal year to $10,750,000. The original budget for this year
        was $9,300,000.

        The Marihuana excise tax payment was significantly larger than expected last year. This year
        we are scheduled to receive $622,095. Last year we received $451,627. This revenue is in
        our State grant fund 101-0000-540.

        Expenses:

        We had to increase Police and Fire salaries this quarter.

        Police salaries have been increased from $9,100,000 to $9,300,000.

        Fire salaries have been increased from $2,700,000 to $3,000,000.

        Both of Police and Fire increases are based on higher salaries and benefit costs along with
        overtime.

        The General Fund will need to transfer $450,000 to the Marina to eliminate the deficit.

        The General Fund will need to transfer an additional $185,000 to the Engineering Services
        Fund.

        Half way thru the fiscal year the General Fund revenues exceed expenditures by a little more
        than $3,000,000. We expect to have some significant expenditures in the second half of fiscal
        year. By the end of the fiscal year our expenditures and revenues will align closer to each other.



         Page 1

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        TRINITY HEALTH ARENA FUND

        The Arena Director has made some minor tweaks the Arena budget to better track revenue
        and expenditures.

        Last quarter, we requested that the General Fund transfer $350,000 to Arena. Based on
        revenue projects thru December 2022 the Arena will still have a deficit of $350,000 despite
        transfer request from the 1st quarter. Last year, the General Fund had to transfer $865,000 to
        the Arena. We may need to request additional funds in the 3rd Quarter. However, expect more
        revenue in the third quarter because the arena will be hosting more hockey, arena football, and
        inside soccer games.

        ENGINEERING SERVICES

        The Public Works Director has lowered the Interdepartmental Engineering Fees by $185,000
        and is requesting that General Fund cover to lost in revenue with a transfer.

        MARINA FUND

        The Public Works Director has slightly increased the contractual services due to electrical rate
        increases.

        The Marina fund a $450,000 transfer from to General fund to eliminate the deficit balance. The
        deficit elimination plan has been filed with the State of Michigan.




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 02/13/2023                              REVENUE AND EXPENDITURE REPORT FOR CITY OF MUSKEGON                                        
                                                      PERIOD ENDING 12/31/2022                                                      
                 THIS REPORT COMPARES CY ACTUAL REVENUES/EXPENSES WITH BUDGETED AMOUNTS AND WITH PRIOR YEAR ACTUALS                 

                                                                                                                                    2022‐23
                                                                                                    END BALANCE                    ORIGINAL    YTD BALANCE    YTD BALANCE            2022‐23
 GL NUMBER                   DESCRIPTION                                                              06/30/2022                    BUDGET       12/31/2022     12/31/2021   AMENDED BUDGET

 Fund 101 ‐ GENERAL

 Revenues
 Dept 000
 TAXES & SPECIAL ASSESSMENTS
 101‐000‐402               PROPERTY TAX                                                             5,955,859.48                6,275,000.00           0.00     508,720.80       6,275,000.00
 101‐000‐432               IN LIEU OF TAX                                                             126,266.30                  132,022.00           0.00           0.00         132,022.00
 101‐000‐436               PROPERTY TAX SANITATION                                                  1,772,209.09                1,875,000.00           0.00     151,409.26       1,875,000.00
 101‐000‐437               IFT/CFT TAX                                                                155,353.45                  175,000.00           0.00           0.00         175,000.00
 101‐000‐438               INCOME TAX                                                              10,002,623.19                9,300,000.00   5,248,369.41   4,189,913.88      10,750,000.00
 101‐000‐451               SPECIAL ASSESSMENTS                                                        252,816.20                  200,000.00      20,546.50      29,594.45         200,000.00
 TAXES & SPECIAL ASSESSMENTS                                                                       18,265,127.71               17,957,022.00   5,268,915.91   4,879,638.39      19,407,022.00

 LICENSES & PERMITS
 101‐000‐476‐004202          BUSINESS LICENSES & PERMITS                                               43,875.00                   50,000.00       6,100.00       9,015.00          50,000.00
 101‐000‐476‐004217          SHORT TERM RENTALS                                                         9,110.00                   10,000.00       3,040.00       1,430.00          10,000.00
 101‐000‐476‐004642          LIEN LOOK UPS                                                             16,806.00                   12,000.00       6,690.00       8,886.00          12,000.00
 101‐000‐477                 CABLE TV LICENSES OR FEES                                                369,420.36                  370,000.00      89,217.54      94,383.35         370,000.00
 101‐000‐478                 LIQUOR LICENSES & TAX REBATE                                              59,849.05                   60,000.00      40,907.35      45,615.30          60,000.00
 101‐000‐480‐004207          CEMETERY‐BURIAL PERMITS                                                   69,200.00                   75,000.00      32,610.00      36,840.00          75,000.00
 101‐000‐480‐004649          CEMETERY‐MISC. INCOME                                                     32,614.70                   40,000.00      11,260.03      21,155.04          40,000.00
 101‐000‐480‐004657          COLUMBARIUM NICHE                                                              0.00                        0.00         900.00           0.00           1,000.00
 101‐000‐481                 BUILDING PERMITS                                                         755,346.47                  810,000.00     539,289.60     388,012.72         810,000.00
 101‐000‐482                 ELECTRICAL PERMITS                                                       172,505.81                  195,000.00      91,404.75      86,874.81         195,000.00
 101‐000‐483                 PLUMBING PERMITS                                                          87,561.70                  105,000.00      49,062.25      45,924.50         105,000.00
 101‐000‐484                 HEATING PERMITS                                                          130,774.78                  146,000.00      64,939.07      65,336.76         146,000.00
 101‐000‐486                 RENTAL PROPERTY REGISTRATION                                             383,148.00                  375,000.00     197,535.00     171,980.00         375,000.00
 101‐000‐487                 TEMPORARY LIQUOR LICENSE                                                   5,205.00                    5,000.00       2,253.75       1,210.00           5,000.00
 101‐000‐488                 MARIHUANA FACILITIES LICENSE                                             175,500.00                  195,000.00      81,337.38      74,400.00         195,000.00
 101‐000‐495                 VACANT BUILDING FEE                                                       24,585.00                   30,000.00       2,700.00      23,085.00          30,000.00
 101‐000‐684‐004800          MISC. & SUNDRY                                                           324,396.36                   12,000.00      36,472.64       8,302.43         100,000.00
 LICENSES & PERMITS                                                                                 2,659,898.23                2,490,000.00   1,255,719.36   1,082,450.91       2,579,000.00

 FEDERAL GRANTS
 101‐000‐502                 FEDERAL GRANTS                                                           291,918.20                 250,000.00      60,777.02     120,403.47         250,000.00
 FEDERAL GRANTS                                                                                       291,918.20                 250,000.00      60,777.02     120,403.47         250,000.00

 STATE GRANTS
 101‐000‐540                 STATE GRANTS                                                             463,596.16                  460,000.00     49,608.75       7,998.24          630,000.00
 101‐000‐542                 STATE REPLACEMENT REV FOR PPT                                            928,806.35                  900,000.00          0.00           0.00          900,000.00
 STATE GRANTS                                                                                       1,392,402.51                1,360,000.00     49,608.75       7,998.24        1,530,000.00

 STATE SHARED
 101‐000‐549                 STATE CVTRS/EVIP PAYMENTS                                              1,195,945.00                1,315,540.00    211,283.00     199,324.00        1,315,540.00
 101‐000‐574                 STATE SALES TAX CONSTITUTIONAL                                         3,891,642.00                3,488,013.00    726,424.00     666,512.00        3,748,408.00




Packet Page 227
 STATE SHARED                                              5,087,587.00   4,803,553.00    937,707.00     865,836.00    5,063,948.00

 CHARGES FOR SERVICE
 101‐000‐603           CITY SERVICE FOR ENTERPRISE FUNDS     530,519.04     530,519.00     265,259.52     265,259.52     530,519.00
 101‐000‐604           TAX COLLECTION FEE                    389,160.72     386,000.00      35,235.00      35,017.50     386,000.00
 101‐000‐606‐004604    GARBAGE COLLECTION                     63,290.89      50,000.00      35,726.16       5,146.18      50,000.00
 101‐000‐614‐004617    REIMBURSEMENT INCOME                    6,421.73       7,000.00          90.00       5,894.20       7,000.00
 101‐000‐615‐004615    POLICE DEPARTMENT INCOME              219,741.56     210,000.00      34,687.42      49,693.63     210,000.00
 101‐000‐615‐004648    FALSE ALARM FEES/POLICE                 7,785.00       7,000.00       2,835.00       4,455.00       7,000.00
 101‐000‐615‐004806    BIKE/PROPERTY AUCTIONS‐POLICE           4,872.49         500.00       1,100.00         296.49       1,100.00
 101‐000‐616           FIRE PROTECTION‐STATE PROP            101,157.53     119,574.00      99,233.06     101,157.53      99,233.06
 101‐000‐617           ZONING & ENCROACHMENT FEES             17,280.00      17,300.00       7,440.00       7,940.00      17,300.00
 101‐000‐618‐004622    MISC. CLERK FEES                       32,493.37       2,000.00       3,950.68       8,074.81       5,000.00
 101‐000‐618‐004634    PASSPORTS                              45,480.00      50,000.00      29,280.00      22,075.00      50,000.00
 101‐000‐620‐004619    MISC. SALES AND SERVICES               33,531.50      22,000.00      35,479.88       9,695.50      40,000.00
 101‐000‐620‐004660    MISC RECREATION INCOME                 22,041.85      12,000.00       4,046.87       4,207.85      12,000.00
 101‐000‐626‐004631    REIMBURSEMENT SCHOOL OFFICER           27,685.30      27,000.00      11,627.80      11,074.12      27,000.00
 101‐000‐626‐004651    REIMBURSEMENT LOT MOWING                    0.00       5,000.00           0.00           0.00       5,000.00
 101‐000‐626‐004659    CODE ENFORCEMENT LABOR                 25,783.00      30,000.00      20,825.00      16,089.00      30,000.00
 101‐000‐626‐004666    SNOW PLOWING ‐DOWNTOWN BID             55,239.06      70,000.00           0.00      20,239.06      70,000.00
 101‐000‐626‐004672    SAFEBUILT LOT MOWING                    2,049.00       5,000.00       2,093.00       1,306.00       5,000.00
 101‐000‐626‐004676    SAFEBUILT ‐ TRASH PICKUP                  986.00       2,500.00         796.00         806.00       2,500.00
 101‐000‐629           REIMBURSEMENT ELECTIONS                 2,463.76           0.00          25.00       2,385.66           0.00
 101‐000‐630           INDIRECT COST ALLOCATION            1,440,115.92   1,587,749.00     793,874.58     720,057.96   1,587,749.00
 101‐000‐631           PROCUREMENT CARD REBATE                65,068.98      65,069.00           0.00           0.00      65,069.00
 101‐000‐633           SPECIAL EVENTS REIMBURSEMENT           22,620.67      27,000.00      28,288.06      11,999.67      28,288.06
 101‐000‐634           CEMETERY SALE OF LOTS                  33,492.53      40,000.00      18,280.50      16,330.04      40,000.00
 101‐000‐636           REIMBURSEMENT LOT CLEAN UP                  0.00       2,000.00           0.00           0.00       2,000.00
 101‐000‐640           TAX ABATEMENT APPLICATION FEES          7,280.00      14,400.00          50.00       5,050.00      14,400.00
 101‐000‐642‐004652    MUSK HEIGHTS ZONING                     2,310.00      15,000.00           0.00       2,310.00      15,000.00
 101‐000‐642‐004654    FIRE RESPONSE FEE                       4,500.00      10,000.00       2,000.00       2,000.00      10,000.00
 101‐000‐643‐004625    MISC. TREAS. FEES                      59,814.63      30,000.00       8,938.44       7,522.54      30,000.00
 101‐000‐643‐004818    RECOVERY OF BAD DEBT                    3,052.50       3,000.00         110.00       1,490.00       3,000.00
 101‐000‐647‐004635    START UP CHARGE/REFUSE                  8,476.00       7,000.00       3,465.00       3,190.00       7,000.00
 101‐000‐647‐004636    REFUSE BAG & BULK SALES                40,364.85      30,000.00      19,416.00      19,408.85      30,000.00
 101‐000‐647‐004637    APPLIANCE STICKER                           0.00         100.00           0.00           0.00         100.00
 101‐000‐647‐004638    MISC. SALES CHARGE/REFUSE             338,905.88     475,000.00     226,857.38     169,252.50     475,000.00
 101‐000‐651           ADMINISTRATION FEES                   309,999.84     310,000.00     154,999.92     154,999.92     310,000.00
 101‐000‐652‐004644    DOWNTOWN PARKING                          150.00           0.00           0.00         100.00           0.00
 101‐000‐652‐004655    PAID PARKING ‐ BEACH                  837,124.75     730,000.00     459,173.95     528,792.75     800,000.00
 101‐000‐659‐004656    SITE PLAN REVIEW                       10,900.00      10,000.00       5,000.00       7,900.00      10,000.00
 101‐000‐659‐004658    IMPOUND FEES                           37,902.66      40,000.00      16,215.00      18,102.66      40,000.00
 101‐000‐659‐004679    CODE ENFORCEMENT ADMIN                 24,773.00      30,000.00      15,146.00      16,383.00      30,000.00
 101‐000‐667‐004669    SMITH RYERSON                          25,971.50      15,000.00       7,866.75      10,696.25      15,000.00
 101‐000‐667‐004670    PICNIC SHELTER                         13,037.75      10,000.00       4,177.00       4,656.50      10,000.00
 101‐000‐667‐004671    MCGRAFT PARK                           92,841.39      65,000.00     112,468.86      77,099.94     140,000.00
 101‐000‐667‐004673    RENTAL ‐ CENTRAL DISPATCH             353,578.91     480,708.00     236,829.15     248,918.90     480,708.00
 101‐000‐667‐004674    RENTAL ‐ CITY HALL                     25,450.14      15,000.00      12,346.66      11,103.48      15,000.00
 101‐000‐667‐004677    RENT                                    2,000.00           0.00           0.00       2,000.00           0.00
 101‐000‐671           LEASE BILLBOARDS                        2,400.00       6,800.00           0.00           0.00       6,800.00
 101‐000‐681           DOWNTOWN SOCIAL DISTRICT               79,102.05     100,000.00      35,550.00      66,952.05     100,000.00
 101‐000‐692‐004661    LEASE GREAT LAKES NAVAL MEMORIAL            0.00      15,000.00           0.00           0.00      15,000.00
 CHARGES FOR SERVICE                                       5,429,215.75   5,687,219.00   2,750,783.64   2,677,130.06   5,834,766.12




Packet Page 228
 FINES & PENALTIES
 101‐000‐607‐004758         CRITICAL DUNE FEES                           10,504.60         5,500.00           0.00         3,300.00          5,500.00
 101‐000‐607‐004759         STORM WATER FEES                              6,000.00        10,000.00      18,000.00         4,000.00         25,000.00
 101‐000‐608                COURT FEES                                   74,788.50        90,000.00      25,014.91        33,478.54         90,000.00
 101‐000‐656                TRAFFIC FINES & FEES                        249,725.00       250,000.00     106,256.50       183,312.00        250,000.00
 101‐000‐657‐004702         DELINQUENT FEES                              17,878.15        20,000.00           0.00             0.00         20,000.00
 101‐000‐657‐004704         PENALTIES/INTEREST/FINES                     13,827.83        13,400.00       8,688.27         6,991.14         13,400.00
 101‐000‐657‐004706         LATE FEE ON INVOICES OVER 45 DAYS             3,949.00         6,000.00       1,971.00         2,144.00          6,000.00
 101‐000‐657‐004708         LATE FEE ON RENTAL REGISTRATION              19,967.00        18,700.00      16,335.00        12,752.00         18,700.00
 101‐000‐657‐004751         CIVIL INFRACTIONS                            31,331.95        23,500.00      12,622.30        13,796.50         23,500.00
 101‐000‐657‐004802         REIMB:DEMOS AND BOARD‐UPS                     6,743.28        45,000.00         995.00           245.00         45,000.00
 101‐000‐657‐004803         CDBG PROGRAM REIMBURSEMENTS                 405,525.54       393,910.00           0.00             0.00        393,910.00
 101‐000‐665‐004701         INCOME TAX‐PENALTY & INTEREST               189,868.32       230,000.00     145,882.35        75,450.17        230,000.00
 101‐000‐665‐004970         INTEREST INCOME                             254,523.70       100,000.00     252,355.22        35,919.10        325,000.00
 FINES & PENALTIES                                                    1,284,632.87     1,206,010.00     588,120.55       371,388.45      1,446,010.00

 CONTRIBUTIONS & MISCELLANEOUS
 101‐000‐645              FISHERMANS LANDING REIMBURSEMENT              28,038.77        25,000.00            0.00             0.00        25,000.00
 101‐000‐674‐004805       CONTRIBUTIONS                                132,348.63       130,000.00        3,875.51       103,920.64       130,000.00
 101‐000‐674‐004821       CONTRIBUTIONS/GRANTS                          87,773.00        75,000.00            0.00        54,500.00        75,000.00
 101‐000‐674‐004825       CONTRIBUTIONS ‐ VETERAN'S PARK MAINT          16,888.58        18,500.00            0.00            40.00        18,500.00
 101‐000‐674‐004828       DONATION ‐ POLICE DEPT                         3,447.20             0.00            0.00           825.00             0.00
 101‐000‐675              COMMUNITY FOUNDATION GRANT ‐ MCGRAFT PAR      10,690.93        10,000.00            0.00             0.00        10,885.00
 101‐000‐677‐004808       SALE OF PROPERTY AND EQUIPMENT                   356.48             0.00            0.00             0.00             0.00
 101‐000‐678              GRANT: COMMUNITY FOUNDATION                        0.00        25,534.00            0.00             0.00        25,534.00
 101‐000‐683‐004816       CONTRIBUTIONS/MARIHUANA STREET LIGHTS         43,578.00        67,000.00            0.00        39,208.00        67,000.00
 101‐000‐683‐004820       MARIHUANA CONTRIBUTIONS                        2,000.00        12,000.00       11,000.00             0.00        12,000.00
 101‐000‐689              CASH OVER/SHORT                                    3.70             0.00            0.00             3.70             0.00
 CONTRIBUTIONS & MISCELLANEOUS                                         325,125.29       363,034.00       14,875.51       198,497.34       363,919.00

 INTEREST & OPERATING TRANSFERS
 101‐000‐669              GAIN ON INVESTMENT                           (918,391.50)            0.00     (423,621.56)     (148,173.17)     (450,000.00)
 101‐000‐696‐004963       LOAN PROCEEDS                               1,370,873.00             0.00            0.00     1,370,873.00             0.00
 101‐000‐699              OPERATING TRANSFERS IN                      6,123,548.66     4,105,000.00    2,772,257.05        25,000.02     4,706,500.00
 INTEREST & OPERATING TRANSFERS                                       6,576,030.16     4,105,000.00    2,348,635.49     1,247,699.85     3,988,320.00
                                                                                                                                         8,244,820.00
 Total Dept 000                                                      41,311,937.72    38,221,838.00   13,275,143.23    11,451,042.71    43,189,485.12

 Dept 172 ‐ CITY MANAGER
 LICENSES & PERMITS
 101‐172‐684‐004800         MISC. & SUNDRY                                 126.01             0.00             8.99             0.00             0.00
 LICENSES & PERMITS                                                        126.01             0.00             8.99             0.00             0.00

 Total Dept 172 ‐ CITY MANAGER                                             126.01             0.00             8.99             0.00             0.00

 Dept 202 ‐ FINANCE ADMINSTRATION
 LICENSES & PERMITS
 101‐202‐684‐004800        MISC. & SUNDRY                                  174.70             0.00           26.57              0.00             0.00
 LICENSES & PERMITS                                                        174.70             0.00           26.57              0.00             0.00

 Total Dept 202 ‐ FINANCE ADMINSTRATION                                    174.70             0.00           26.57              0.00             0.00




Packet Page 229
 Dept 215 ‐ CITY CLERK
 LICENSES & PERMITS
 101‐215‐684‐004800            MISC. & SUNDRY    146.99    0.00    18.01   0.00   0.00
 LICENSES & PERMITS                              146.99    0.00    18.01   0.00   0.00

 Total Dept 215 ‐ CITY CLERK                     146.99    0.00    18.01   0.00   0.00

 Dept 265 ‐ CITY HALL MAINTENANCE
 LICENSES & PERMITS
 101‐265‐684‐004800         MISC. & SUNDRY        33.05    0.00     4.51   0.00   0.00
 LICENSES & PERMITS                               33.05    0.00     4.51   0.00   0.00

 Total Dept 265 ‐ CITY HALL MAINTENANCE           33.05    0.00     4.51   0.00   0.00

 Dept 269 ‐ INSURANCE SERVICES
 LICENSES & PERMITS
 101‐269‐684‐004800         MISC. & SUNDRY        39.59    0.00     5.40   0.00   0.00
 LICENSES & PERMITS                               39.59    0.00     5.40   0.00   0.00

 Total Dept 269 ‐ INSURANCE SERVICES              39.59    0.00     5.40   0.00   0.00

 Dept 301 ‐ FIRE INSPECTION SERVICES
 LICENSES & PERMITS
 101‐301‐684‐004800           MISC. & SUNDRY    1,439.65   0.00   180.06   0.00   0.00
 LICENSES & PERMITS                             1,439.65   0.00   180.06   0.00   0.00

 Total Dept 301 ‐ FIRE INSPECTION SERVICES      1,439.65   0.00   180.06   0.00   0.00

 Dept 336 ‐ FIRE DEPARTMENT
 LICENSES & PERMITS
 101‐336‐684‐004800         MISC. & SUNDRY        65.99    0.00     9.01   0.00   0.00
 LICENSES & PERMITS                               65.99    0.00     9.01   0.00   0.00

 Total Dept 336 ‐ FIRE DEPARTMENT                 65.99    0.00     9.01   0.00   0.00

 Dept 387 ‐ FIRE INSPECTION SERVICES
 LICENSES & PERMITS
 101‐387‐684‐004800           MISC. & SUNDRY     131.99    0.00    18.01   0.00   0.00
 LICENSES & PERMITS                              131.99    0.00    18.01   0.00   0.00

 Total Dept 387 ‐ FIRE INSPECTION SERVICES       131.99    0.00    18.01   0.00   0.00

 Dept 521 ‐ SANITATION
 LICENSES & PERMITS
 101‐521‐684‐004800            MISC. & SUNDRY     13.17    0.00     1.79   0.00   0.00
 LICENSES & PERMITS                               13.17    0.00     1.79   0.00   0.00

 Total Dept 521 ‐ SANITATION                      13.17    0.00     1.79   0.00   0.00

 Dept 701 ‐ PLANNING
 LICENSES & PERMITS
 101‐701‐684                   MISC. & SUNDRY     82.50    0.00    11.27   0.00   0.00
 LICENSES & PERMITS                               82.50    0.00    11.27   0.00   0.00




Packet Page 230
 Total Dept 701 ‐ PLANNING                                            82.50            0.00           11.27            0.00            0.00

 Dept 772 ‐ PAID BEACH PARKING
 LICENSES & PERMITS
 101‐772‐684‐004800         MISC. & SUNDRY                             0.52            0.00            0.00            0.00            0.00
 LICENSES & PERMITS                                                    0.52            0.00            0.00            0.00            0.00

 Total Dept 772 ‐ PAID BEACH PARKING                                   0.52            0.00            0.00            0.00            0.00

 TOTAL REVENUES                                                41,314,191.88   38,221,838.00   13,275,426.85   11,451,042.71   43,189,485.12


 Expenditures
 Dept 101 ‐ CITY COMMISSION
 SALARIES & BENEFITS
 101‐101‐702                BUDGETED SALARIES & BENEFITS               0.00       84,046.00            0.00            0.00       84,046.00
 101‐101‐703                SALARY PERMANENT                      13,954.97            0.00        6,737.06        6,315.05            0.00
 101‐101‐705                TEMPORARY SALARY                      48,774.88            0.00       24,550.96       23,006.54            0.00
 101‐101‐708                VACATION PAY                           3,097.67            0.00          345.25          300.83            0.00
 101‐101‐709                LONGEVITY PAY                            375.02            0.00          187.51          187.51            0.00
 101‐101‐710                PERSONAL & OTHER LEAVE                   122.68            0.00           56.95           55.83            0.00
 101‐101‐711                HOLIDAY PAY                              771.91            0.00          398.59          390.41            0.00
 101‐101‐712                RETIREE HEALTHCARE ‐ GENERAL           5,486.96            0.00        2,590.05        2,390.89            0.00
 101‐101‐714                MERS RETIREMENT SYSTEM                 1,632.62            0.00          770.68          711.40            0.00
 101‐101‐717                HEALTH INSURANCE                       3,711.93            0.00        2,074.52        1,992.45            0.00
 101‐101‐718                LIFE INSURANCE                            64.73            0.00           35.86           32.92            0.00
 101‐101‐719                DENTAL INSURANCE                         234.16            0.00          126.12          126.06            0.00
 101‐101‐721                DISABILITY INSURANCE                      54.05            0.00           30.41           27.99            0.00
 101‐101‐722                SOCIAL SECURITY                        5,021.73            0.00        2,681.26        2,505.91            0.00
 101‐101‐723                WORKERS' COMPENSATION                    184.65            0.00           90.80           90.02            0.00
 101‐101‐724                UNEMPLOYMENT                              71.40            0.00          190.82            0.00            0.00
 SALARIES & BENEFITS                                              83,559.36       84,046.00       40,866.84       38,133.81       84,046.00

 SUPPLIES
 101‐101‐727                 BUDGETED SUPPLIES                          0.00        9,880.00         349.45            0.00         9,880.00
 101‐101‐728                 OFFICE SUPPLIES                        1,896.92            0.00         161.98          330.15             0.00
 101‐101‐730                 PUBLICATIONS & MEMBERSHIPS               140.00            0.00      10,237.50          140.00             0.00
 SUPPLIES                                                           2,036.92        9,880.00      10,748.93          470.15         9,880.00

 OTHER EXPENSES
 101‐101‐778                 BUDGETED OTHER EXPENSES                    0.00      13,870.00           530.44           0.00       13,870.00
 101‐101‐861                 CONFERENCE, TRAINING AND TRAVEL        1,134.98           0.00         5,195.84         868.98            0.00
 OTHER EXPENSES                                                     1,134.98      13,870.00         5,726.28         868.98       13,870.00

 CONTRACTUAL SERVICES
 101‐101‐801                 CONTRACTUAL SERVICES                 14,400.00       14,630.00         7,879.90            0.00      14,630.00
 101‐101‐810                 PUBLIC RELATIONS                      3,140.02            0.00           246.90        1,003.44           0.00
 101‐101‐902                 PRINTING                                438.60            0.00           105.40           69.10           0.00
 101‐101‐903                 ADVERTISING                               5.00            0.00            66.19            0.00           0.00
 CONTRACTUAL SERVICES                                             17,983.62       14,630.00         8,298.39        1,072.54      14,630.00

 CAPITAL OUTLAYS




Packet Page 231
 101‐101‐971                BUDGETED CAPITAL OUTLAYS                  0.00     3,534.00        0.00         0.00      3,534.00
 101‐101‐980                COMPUTER HARDWARE & SOFTWARE          2,265.28         0.00      111.95       521.71          0.00
 CAPITAL OUTLAYS                                                  2,265.28     3,534.00      111.95       521.71      3,534.00

 Total Dept 101 ‐ CITY COMMISSION                               106,980.16   125,960.00    65,752.39    41,067.19   125,960.00

 Dept 103 ‐ CITY PROMOTIONS & PUBLIC RELATIONS
 SUPPLIES
 101‐103‐730                PUBLICATIONS & MEMBERSHIPS           10,000.00         0.00         0.00         0.00         0.00
 101‐103‐749                MISCELLANEOUS MATERIAL & SUPPLIES       636.50         0.00         0.00     6,290.65         0.00
 SUPPLIES                                                        10,636.50         0.00         0.00     6,290.65         0.00

 CONTRACTUAL SERVICES
 101‐103‐801                CONTRACTUAL SERVICES                  4,079.16    76,000.00     4,079.57     5,154.50    76,000.00
 101‐103‐810                PUBLIC RELATIONS                     50,366.50         0.00    74,086.30    27,606.71         0.00
 101‐103‐902                PRINTING                                  0.00         0.00         0.00        63.60         0.00
 101‐103‐903                ADVERTISING                           1,599.80         0.00        50.00     1,579.80         0.00
 CONTRACTUAL SERVICES                                            56,045.46    76,000.00    78,215.87    34,404.61    76,000.00

 Total Dept 103 ‐ CITY PROMOTIONS & PUBLIC RELATIONS             66,681.96    76,000.00    78,215.87    40,695.26    76,000.00

 Dept 172 ‐ CITY MANAGER
 SALARIES & BENEFITS
 101‐172‐702                BUDGETED SALARIES & BENEFITS              0.00   518,971.00         0.00         0.00   518,971.00
 101‐172‐703                SALARY PERMANENT                    250,092.54         0.00    77,116.99   124,884.52         0.00
 101‐172‐708                VACATION PAY                         69,659.67         0.00     4,510.60     5,126.07         0.00
 101‐172‐709                LONGEVITY PAY                         1,713.44         0.00       600.00       862.49         0.00
 101‐172‐710                PERSONAL & OTHER LEAVE                1,950.33         0.00       645.73       613.98         0.00
 101‐172‐711                HOLIDAY PAY                          12,508.91         0.00     4,222.49     6,411.74         0.00
 101‐172‐712                RETIREE HEALTHCARE ‐ GENERAL         24,412.00         0.00     9,870.62    11,016.75         0.00
 101‐172‐714                MERS RETIREMENT SYSTEM               43,359.18         0.00     8,360.78    19,265.55         0.00
 101‐172‐717                HEALTH INSURANCE                     11,830.86         0.00     8,710.31     5,977.19         0.00
 101‐172‐718                LIFE INSURANCE                        1,282.91         0.00       379.11       622.27         0.00
 101‐172‐719                DENTAL INSURANCE                      2,608.99         0.00       899.86     1,385.05         0.00
 101‐172‐721                DISABILITY INSURANCE                    868.28         0.00       292.61       324.15         0.00
 101‐172‐722                SOCIAL SECURITY                      22,668.79         0.00     6,957.62     8,576.32         0.00
 101‐172‐723                WORKERS' COMPENSATION                 4,382.94         0.00     1,433.00     2,126.02         0.00
 101‐172‐724                UNEMPLOYMENT                            185.47         0.00       122.90         0.00         0.00
 SALARIES & BENEFITS                                            447,524.31   518,971.00   124,122.62   187,192.10   518,971.00

 SUPPLIES
 101‐172‐727                BUDGETED SUPPLIES                         0.00     7,885.00         0.00         0.00     7,885.00
 101‐172‐728                OFFICE SUPPLIES                         312.22         0.00        62.50       251.15         0.00
 101‐172‐730                PUBLICATIONS & MEMBERSHIPS            3,094.50         0.00     1,720.58     1,465.50         0.00
 101‐172‐731                POSTAGE                                 246.77         0.00        20.82       179.30         0.00
 SUPPLIES                                                         3,653.49     7,885.00     1,803.90     1,895.95     7,885.00

 OTHER EXPENSES
 101‐172‐778                BUDGETED OTHER EXPENSES                   0.00     9,120.00         0.00         0.00     9,120.00
 101‐172‐861                CONFERENCE, TRAINING AND TRAVEL      15,900.70         0.00     5,986.27    10,242.19         0.00
 OTHER EXPENSES                                                  15,900.70     9,120.00     5,986.27    10,242.19     9,120.00

 CONTRACTUAL SERVICES




Packet Page 232
 101‐172‐776                COPY MACHINE CHARGES                  5,753.60         0.00     2,453.49     2,627.60         0.00
 101‐172‐801                CONTRACTUAL SERVICES                 12,800.00    34,580.00       496.68         0.00    34,580.00
 101‐172‐810                PUBLIC RELATIONS                          0.00         0.00     7,568.35         0.00         0.00
 101‐172‐850                TELEPHONE                             1,572.29         0.00       646.42       753.32         0.00
 101‐172‐902                PRINTING                                 77.00         0.00       179.90        77.00         0.00
 101‐172‐903                ADVERTISING                           1,303.70         0.00     9,125.00       155.20         0.00
 CONTRACTUAL SERVICES                                            21,506.59    34,580.00    20,469.84     3,613.12    34,580.00

 CAPITAL OUTLAYS
 101‐172‐971                BUDGETED CAPITAL OUTLAYS                  0.00     8,740.00         0.00        0.00      8,740.00
 101‐172‐979                OFFICE FURNITURE&EQUIPMENT                0.00         0.00     3,718.65        0.00          0.00
 101‐172‐980                COMPUTER HARDWARE & SOFTWARE          2,413.82         0.00     4,243.91      228.00          0.00
 101‐172‐985                OFFICE FURNITURE&EQUIPMENT REPAIR         0.00         0.00     4,131.88        0.00          0.00
 CAPITAL OUTLAYS                                                  2,413.82     8,740.00    12,094.44      228.00      8,740.00

 Total Dept 172 ‐ CITY MANAGER                                  490,998.91   579,296.00   164,477.07   203,171.36   579,296.00

 Dept 202 ‐ FINANCE ADMINSTRATION
 SALARIES & BENEFITS
 101‐202‐702               BUDGETED SALARIES & BENEFITS               0.00   547,912.00         0.00         0.00   547,912.00
 101‐202‐703               SALARY PERMANENT                     296,742.04         0.00   141,039.54   137,626.45         0.00
 101‐202‐707               OVERTIME                               7,829.90         0.00     3,780.09     3,809.99         0.00
 101‐202‐708               VACATION PAY                          48,326.45         0.00    15,465.40     8,077.04         0.00
 101‐202‐709               LONGEVITY PAY                          1,350.00         0.00       750.00       600.00         0.00
 101‐202‐710               PERSONAL & OTHER LEAVE                 3,242.21         0.00         0.00       636.84         0.00
 101‐202‐711               HOLIDAY PAY                           15,757.53         0.00    14,141.19     8,234.11         0.00
 101‐202‐712               RETIREE HEALTHCARE ‐ GENERAL          51,586.58         0.00    24,912.39    22,654.45         0.00
 101‐202‐714               MERS RETIREMENT SYSTEM                18,701.08         0.00    10,804.91     9,155.74         0.00
 101‐202‐717               RX CLAIMS (ACTIVE)                    34,012.29         0.00    20,417.50    16,828.57         0.00
 101‐202‐718               LIFE INSURANCE                         1,404.18         0.00       811.61       706.27         0.00
 101‐202‐719               DENTAL INSURANCE                       3,435.82         0.00     1,922.37     1,773.56         0.00
 101‐202‐721               DISABILITY INSURANCE                   1,149.29         0.00       599.50       573.49         0.00
 101‐202‐722               SOCIAL SECURITY                       27,113.48         0.00    13,995.31    12,619.68         0.00
 101‐202‐723               WORKERS' COMPENSATION                  1,564.51         0.00       775.27       730.89         0.00
 101‐202‐724               UNEMPLOYMENT                             260.48         0.00         0.00         5.40         0.00
 SALARIES & BENEFITS                                            512,475.84   547,912.00   249,415.08   224,032.48   547,912.00

 SUPPLIES
 101‐202‐727                BUDGETED SUPPLIES                         0.00     3,325.00         0.00         0.00     3,325.00
 101‐202‐728                OFFICE SUPPLIES                       2,418.15         0.00     1,320.58     1,199.02         0.00
 101‐202‐730                PUBLICATIONS & MEMBERSHIPS              410.00         0.00         0.00       410.00         0.00
 101‐202‐731                POSTAGE                               1,398.38         0.00     1,018.23       595.41         0.00
 101‐202‐753                COMPUTER SUPPLIES                         0.00         0.00        12.99         0.00         0.00
 SUPPLIES                                                         4,226.53     3,325.00     2,351.80     2,204.43     3,325.00

 OTHER EXPENSES
 101‐202‐778                BUDGETED OTHER EXPENSES                   0.00     1,425.00         0.00        0.00      1,425.00
 101‐202‐861                CONFERENCE, TRAINING AND TRAVEL       1,452.04         0.00     2,171.64      829.65          0.00
 OTHER EXPENSES                                                   1,452.04     1,425.00     2,171.64      829.65      1,425.00

 CONTRACTUAL SERVICES
 101‐202‐776                COPY MACHINE CHARGES                  3,695.84         0.00     1,604.47     1,641.33         0.00
 101‐202‐801                CONTRACTUAL SERVICES                 31,949.28    90,250.00     7,151.34    11,261.50    90,250.00




Packet Page 233
 101‐202‐803               AUDIT FEES                          58,845.00           0.00      41,640.00      41,755.00           0.00
 101‐202‐850               TELEPHONE                            4,438.30           0.00       1,127.68       1,684.39           0.00
 101‐202‐902               PRINTING                             1,894.12           0.00           0.00           0.00           0.00
 101‐202‐903               ADVERTISING                            322.18           0.00           0.00           0.00           0.00
 101‐202‐963               BANK CHARGES                        20,498.42           0.00         337.85       9,222.81           0.00
 CONTRACTUAL SERVICES                                         121,643.14      90,250.00      51,861.34      65,565.03      90,250.00

 CAPITAL OUTLAYS
 101‐202‐971               BUDGETED CAPITAL OUTLAYS                 0.00       4,750.00           0.00           0.00       4,750.00
 101‐202‐980               COMPUTER HARDWARE & SOFTWARE         2,745.85           0.00          12.86       1,011.21           0.00
 CAPITAL OUTLAYS                                                2,745.85       4,750.00          12.86       1,011.21       4,750.00

 Total Dept 202 ‐ FINANCE ADMINSTRATION                       642,543.40     647,662.00     305,812.72     293,642.80     647,662.00

 Dept 203 ‐ PENSION ADMINISTRATION
 SALARIES & BENEFITS
 101‐203‐714                MERS RETIREMENT SYSTEM           2,908,506.48   3,393,940.00   1,327,898.64   1,454,253.24   3,393,940.00
 SALARIES & BENEFITS                                         2,908,506.48   3,393,940.00   1,327,898.64   1,454,253.24   3,393,940.00

 Total Dept 203 ‐ PENSION ADMINISTRATION                     2,908,506.48   3,393,940.00   1,327,898.64   1,454,253.24   3,393,940.00

 Dept 205 ‐ INCOME TAX
 SALARIES & BENEFITS
 101‐205‐702               BUDGETED SALARIES & BENEFITS             0.00     315,054.00           0.00           0.00     315,054.00
 101‐205‐703               SALARY PERMANENT                   146,514.85           0.00      78,941.64      57,726.63           0.00
 101‐205‐708               VACATION PAY                        17,661.22           0.00       7,616.82      13,903.15           0.00
 101‐205‐709               LONGEVITY PAY                        1,050.00           0.00         600.00         450.00           0.00
 101‐205‐710               PERSONAL & OTHER LEAVE               1,785.26           0.00       1,992.54         959.29           0.00
 101‐205‐711               HOLIDAY PAY                          8,024.48           0.00       4,721.63       3,641.40           0.00
 101‐205‐712               RETIREE HEALTHCARE ‐ GENERAL        22,759.38           0.00       9,775.74      14,280.31           0.00
 101‐205‐714               MERS RETIREMENT SYSTEM              13,976.81           0.00       9,357.51       6,033.78           0.00
 101‐205‐717               RX CLAIMS (ACTIVE)                  37,031.28           0.00      23,384.85      17,752.02           0.00
 101‐205‐718               LIFE INSURANCE                         505.59           0.00         313.16         240.90           0.00
 101‐205‐719               DENTAL INSURANCE                     3,128.63           0.00       1,771.47       1,613.23           0.00
 101‐205‐721               DISABILITY INSURANCE                   610.93           0.00         370.26         304.25           0.00
 101‐205‐722               SOCIAL SECURITY                     12,680.86           0.00       7,492.14       6,289.30           0.00
 101‐205‐723               WORKERS' COMPENSATION                  747.93           0.00         415.58         369.75           0.00
 101‐205‐724               UNEMPLOYMENT                           237.13           0.00           0.00           0.00           0.00
 SALARIES & BENEFITS                                          266,714.35     315,054.00     146,753.34     123,564.01     315,054.00

 SUPPLIES
 101‐205‐727               BUDGETED SUPPLIES                        0.00      13,300.00           0.00           0.00      13,300.00
 101‐205‐728               OFFICE SUPPLIES                      1,473.42           0.00         446.94         151.10           0.00
 101‐205‐730               PUBLICATIONS & MEMBERSHIPS              40.00           0.00           0.00           0.00           0.00
 101‐205‐731               POSTAGE                              8,652.98           0.00      11,859.52       2,033.82           0.00
 101‐205‐753               COMPUTER SUPPLIES                       40.84           0.00           0.00          40.84           0.00
 SUPPLIES                                                      10,207.24      13,300.00      12,306.46       2,225.76      13,300.00

 OTHER EXPENSES
 101‐205‐778               BUDGETED OTHER EXPENSES                  0.00         950.00         562.00           0.00         950.00
 101‐205‐861               CONFERENCE, TRAINING AND TRAVEL      1,187.94           0.00         409.59           0.00           0.00
 OTHER EXPENSES                                                 1,187.94         950.00         971.59           0.00         950.00




Packet Page 234
 CONTRACTUAL SERVICES
 101‐205‐776                   COPY MACHINE CHARGES                1,982.29         0.00       780.33       870.77         0.00
 101‐205‐801                   CONTRACTUAL SERVICES              115,486.93    95,000.00    36,298.84    48,871.55    95,000.00
 101‐205‐850                   TELEPHONE                             817.44         0.00       510.00       425.00         0.00
 101‐205‐902                   PRINTING                            4,534.75         0.00     2,204.87         0.00         0.00
 CONTRACTUAL SERVICES                                            122,821.41    95,000.00    39,794.04    50,167.32    95,000.00

 CAPITAL OUTLAYS
 101‐205‐971                   BUDGETED CAPITAL OUTLAYS                0.00     4,750.00        0.00          0.00     4,750.00
 101‐205‐979                   OFFICE FURNITURE&EQUIPMENT            149.97         0.00       81.16          0.00         0.00
 101‐205‐980                   COMPUTER HARDWARE & SOFTWARE        2,457.34         0.00       69.31          0.00         0.00
 CAPITAL OUTLAYS                                                   2,607.31     4,750.00      150.47          0.00     4,750.00

 Total Dept 205 ‐ INCOME TAX                                     403,538.25   429,054.00   199,975.90   175,957.09   429,054.00

 Dept 215 ‐ CITY CLERK
 SALARIES & BENEFITS
 101‐215‐702                   BUDGETED SALARIES & BENEFITS            0.00   568,971.00         0.00         0.00   568,971.00
 101‐215‐703                   SALARY PERMANENT                  298,423.41         0.00   143,859.96   144,464.72         0.00
 101‐215‐705                   TEMPORARY SALARY                   35,250.77         0.00    39,670.49    22,362.59         0.00
 101‐215‐707                   OVERTIME                           12,956.87         0.00     9,722.05     5,793.72         0.00
 101‐215‐708                   VACATION PAY                       27,303.86         0.00     8,929.25     5,409.41         0.00
 101‐215‐709                   LONGEVITY PAY                       1,350.00         0.00       600.00       600.00         0.00
 101‐215‐710                   PERSONAL & OTHER LEAVE              3,395.83         0.00     1,373.87     1,811.90         0.00
 101‐215‐711                   HOLIDAY PAY                        16,912.05         0.00     8,963.40     8,618.86         0.00
 101‐215‐712                   RETIREE HEALTHCARE ‐ GENERAL       41,086.34         0.00    21,050.47    19,872.74         0.00
 101‐215‐714                   MERS RETIREMENT SYSTEM             30,892.55         0.00    16,252.08    15,646.56         0.00
 101‐215‐717                   HEALTH INSURANCE                   56,960.65         0.00    30,752.47    30,520.03         0.00
 101‐215‐718                   LIFE INSURANCE                      1,276.70         0.00       700.58       654.05         0.00
 101‐215‐719                   DENTAL INSURANCE                    5,105.14         0.00     2,660.24     2,784.62         0.00
 101‐215‐721                   DISABILITY INSURANCE                1,191.73         0.00       656.75       627.18         0.00
 101‐215‐722                   SOCIAL SECURITY                    25,909.69         0.00    13,937.59    13,058.34         0.00
 101‐215‐723                   WORKERS' COMPENSATION               1,619.15         0.00       908.76       821.89         0.00
 101‐215‐724                   UNEMPLOYMENT                          487.01         0.00       368.29        16.67         0.00
 SALARIES & BENEFITS                                             560,121.75   568,971.00   300,406.25   273,063.28   568,971.00

 SUPPLIES
 101‐215‐727                   BUDGETED SUPPLIES                       0.00    74,214.00       800.83         0.00    74,214.00
 101‐215‐728                   OFFICE SUPPLIES                     5,939.91         0.00     2,983.87     1,541.25         0.00
 101‐215‐729                   ELECTION SUPPLIES                  27,086.87         0.00    17,039.44    25,158.35         0.00
 101‐215‐730                   PUBLICATIONS & MEMBERSHIPS          2,763.92         0.00       385.49     1,939.96         0.00
 101‐215‐731                   POSTAGE                            17,788.84         0.00    23,757.43     5,759.80         0.00
 101‐215‐760                   CUSTODIAL SUPPLIES                    368.05         0.00         0.00       153.45         0.00
 101‐215‐900                   PUBLICATIONS                        1,910.93         0.00         0.00         0.00         0.00
 SUPPLIES                                                         55,858.52    74,214.00    44,967.06    34,552.81    74,214.00

 OTHER EXPENSES
 101‐215‐778                   BUDGETED OTHER EXPENSES                 0.00    11,210.00        0.00          0.00    11,210.00
 101‐215‐861                   CONFERENCE, TRAINING AND TRAVEL     9,215.77         0.00      867.38      4,312.97         0.00
 OTHER EXPENSES                                                    9,215.77    11,210.00      867.38      4,312.97    11,210.00

 CONTRACTUAL SERVICES
 101‐215‐776                   COPY MACHINE CHARGES                5,065.57         0.00     4,215.20     1,860.53         0.00




Packet Page 235
 101‐215‐801                   CONTRACTUAL SERVICES                 55,887.98    47,234.00    28,483.06    21,151.88    47,234.00
 101‐215‐804                   COMPUTER SERVICES                         0.00         0.00        58.40         0.00         0.00
 101‐215‐810                   PUBLIC RELATIONS                      6,392.37         0.00         0.00     6,394.71         0.00
 101‐215‐850                   TELEPHONE                             3,647.53         0.00     2,080.66     1,624.42         0.00
 101‐215‐902                   PRINTING                              7,913.16         0.00         0.00         0.00         0.00
 101‐215‐903                   ADVERTISING                             210.00         0.00         0.00       210.00         0.00
 101‐215‐963                   BANK CHARGES                             97.35         0.00         0.00        97.35         0.00
 CONTRACTUAL SERVICES                                               79,213.96    47,234.00    34,837.32    31,338.89    47,234.00

 CAPITAL OUTLAYS
 101‐215‐971                   BUDGETED CAPITAL OUTLAYS                  0.00     4,275.00         0.00         0.00     4,275.00
 101‐215‐979                   OFFICE FURNITURE&EQUIPMENT               56.99         0.00     7,549.77         0.00         0.00
 101‐215‐980                   COMPUTER HARDWARE & SOFTWARE          4,993.03         0.00        39.48     1,016.42         0.00
 101‐215‐983                   EQUIPMENT REPAIR                        136.24         0.00         0.00         0.00         0.00
 CAPITAL OUTLAYS                                                     5,186.26     4,275.00     7,589.25     1,016.42     4,275.00

 Total Dept 215 ‐ CITY CLERK                                       709,596.26   705,904.00   388,667.26   344,284.37   705,904.00

 Dept 228 ‐ INFORMATION SYSTEMS ADMINISTRATION
 SALARIES & BENEFITS
 101‐228‐702               BUDGETED SALARIES & BENEFITS                  0.00   458,530.00         0.00         0.00   458,530.00
 101‐228‐703               SALARY PERMANENT                        243,032.12         0.00   112,419.71   112,772.47         0.00
 101‐228‐707               OVERTIME                                 12,029.90         0.00     3,780.10     4,710.00         0.00
 101‐228‐708               VACATION PAY                             75,500.08         0.00     2,391.64    23,152.44         0.00
 101‐228‐709               LONGEVITY PAY                             3,357.69         0.00     1,200.00     1,650.00         0.00
 101‐228‐710               PERSONAL & OTHER LEAVE                    2,207.13         0.00       542.09         0.00         0.00
 101‐228‐711               HOLIDAY PAY                              13,306.27         0.00     6,407.34     6,554.38         0.00
 101‐228‐712               RETIREE HEALTHCARE ‐ GENERAL             93,455.29         0.00    34,857.25    36,871.07         0.00
 101‐228‐714               MERS RETIREMENT SYSTEM                    3,843.47         0.00     2,161.94     3,843.47         0.00
 101‐228‐717               HEALTH INSURANCE                         47,741.64         0.00    25,538.87    23,560.30         0.00
 101‐228‐718               LIFE INSURANCE                            1,273.81         0.00       570.35       661.63         0.00
 101‐228‐719               DENTAL INSURANCE                          2,747.89         0.00     1,292.70     1,476.00         0.00
 101‐228‐721               DISABILITY INSURANCE                      1,069.15         0.00       466.90       561.67         0.00
 101‐228‐722               SOCIAL SECURITY                          25,724.86         0.00    10,112.46    11,805.37         0.00
 101‐228‐723               WORKERS' COMPENSATION                     1,465.93         0.00       539.41       676.15         0.00
 101‐228‐724               UNEMPLOYMENT                                196.37         0.00        67.45         0.00         0.00
 SALARIES & BENEFITS                                               526,951.60   458,530.00   202,348.21   228,294.95   458,530.00

 SUPPLIES
 101‐228‐727                   BUDGETED SUPPLIES                         0.00      950.00         0.00          0.00      950.00
 101‐228‐728                   OFFICE SUPPLIES                         382.87        0.00        66.56         58.93        0.00
 101‐228‐730                   PUBLICATIONS & MEMBERSHIPS               36.00        0.00         0.00         16.00        0.00
 101‐228‐749                   MISCELLANEOUS MATERIAL & SUPPLIES       709.23        0.00        14.00        111.27        0.00
 101‐228‐753                   COMPUTER SUPPLIES                     1,591.36        0.00       109.91      1,332.55        0.00
 SUPPLIES                                                            2,719.46      950.00       190.47      1,518.75      950.00

 OTHER EXPENSES
 101‐228‐778                   BUDGETED OTHER EXPENSES                   0.00    14,250.00        0.00          0.00    14,250.00
 101‐228‐861                   CONFERENCE, TRAINING AND TRAVEL       4,421.00         0.00      294.00      3,548.00         0.00
 OTHER EXPENSES                                                      4,421.00    14,250.00      294.00      3,548.00    14,250.00

 CONTRACTUAL SERVICES
 101‐228‐776                   COPY MACHINE CHARGES                   197.78          0.00         2.79      126.61          0.00




Packet Page 236
 101‐228‐801                 CONTRACTUAL SERVICES               28,491.26    32,300.00    11,918.81    14,839.31    46,300.00
 101‐228‐804                 COMPUTER SERVICES                  21,197.05         0.00    21,822.00    21,123.00         0.00
 101‐228‐850                 TELEPHONE                           7,445.42         0.00     1,210.94     5,535.47         0.00
 101‐228‐963                 BANK CHARGES                            0.30         0.00         0.00         0.30         0.00
 CONTRACTUAL SERVICES                                           57,331.81    32,300.00    34,954.54    41,624.69    46,300.00

 CAPITAL OUTLAYS
 101‐228‐971                 BUDGETED CAPITAL OUTLAYS                0.00   123,500.00         0.00         0.00   123,500.00
 101‐228‐979                 OFFICE FURNITURE&EQUIPMENT            737.77         0.00     4,290.80        59.97         0.00
 101‐228‐980                 COMPUTER HARDWARE & SOFTWARE       59,770.22         0.00    65,009.90    17,716.78         0.00
 CAPITAL OUTLAYS                                                60,507.99   123,500.00    69,300.70    17,776.75   123,500.00

 Total Dept 228 ‐ INFORMATION SYSTEMS ADMINISTRATION           651,931.86   629,530.00   307,087.92   292,763.14   643,530.00

 Dept 251 ‐ CONTINGENCY
 OTHER EXPENSES
 101‐251‐778                 BUDGETED OTHER EXPENSES                 0.00    47,500.00         0.00         0.00    47,500.00
 101‐251‐965                 BAD DEBTS                          34,305.05         0.00         0.00         0.00         0.00
 OTHER EXPENSES                                                 34,305.05    47,500.00         0.00         0.00    47,500.00

 Total Dept 251 ‐ CONTINGENCY                                   34,305.05    47,500.00         0.00         0.00    47,500.00

 Dept 252 ‐ CONTRIBUTIONS
 CONTRACTUAL SERVICES
 101‐252‐801                 BUDGETED CONTRACTUAL SERVICES           0.00   535,285.00     2,200.00         0.00   535,285.00
 101‐252‐956                 PAYING AGENT FEES/CONTRIBUTIONS   567,951.50         0.00   255,534.00   298,220.00         0.00
 CONTRACTUAL SERVICES                                          567,951.50   535,285.00   257,734.00   298,220.00   535,285.00

 Total Dept 252 ‐ CONTRIBUTIONS                                567,951.50   535,285.00   257,734.00   298,220.00   535,285.00

 Dept 253 ‐ CITY TREASURER
 SALARIES & BENEFITS
 101‐253‐702                 BUDGETED SALARIES & BENEFITS            0.00   411,592.00         0.00         0.00   411,592.00
 101‐253‐703                 SALARY PERMANENT                  226,624.27         0.00   129,057.26   103,766.72         0.00
 101‐253‐708                 VACATION PAY                       21,943.43         0.00    16,323.27    11,891.43         0.00
 101‐253‐709                 LONGEVITY PAY                       1,650.00         0.00       900.00       900.00         0.00
 101‐253‐710                 PERSONAL & OTHER LEAVE              1,842.01         0.00     2,046.92     1,235.38         0.00
 101‐253‐711                 HOLIDAY PAY                        12,896.84         0.00     7,541.89     6,881.94         0.00
 101‐253‐712                 RETIREE HEALTHCARE ‐ GENERAL       20,555.58         0.00    11,797.77    10,946.22         0.00
 101‐253‐714                 MERS RETIREMENT SYSTEM             20,486.43         0.00    13,196.18    11,166.63         0.00
 101‐253‐717                 HEALTH INSURANCE                   74,610.89         0.00    38,843.37    44,246.31         0.00
 101‐253‐718                 LIFE INSURANCE                        890.67         0.00       554.97       481.94         0.00
 101‐253‐719                 DENTAL INSURANCE                    4,850.97         0.00     3,065.81     2,659.37         0.00
 101‐253‐721                 DISABILITY INSURANCE                1,009.10         0.00       640.21       549.84         0.00
 101‐253‐722                 SOCIAL SECURITY                    19,716.76         0.00    12,472.23    10,611.36         0.00
 101‐253‐723                 WORKERS' COMPENSATION               1,126.87         0.00       681.44       592.50         0.00
 101‐253‐724                 UNEMPLOYMENT                          374.97         0.00        63.23         5.40         0.00
 SALARIES & BENEFITS                                           408,578.79   411,592.00   237,184.55   205,935.04   411,592.00

 SUPPLIES
 101‐253‐727                 BUDGETED SUPPLIES                       0.00    76,000.00         0.00         0.00   100,000.00
 101‐253‐728                 OFFICE SUPPLIES                     3,688.72         0.00     1,475.58     1,630.48         0.00
 101‐253‐730                 PUBLICATIONS & MEMBERSHIPS            240.00         0.00       243.00       200.00         0.00




Packet Page 237
 101‐253‐731                 POSTAGE                            71,521.46         0.00    48,304.26    31,099.82         0.00
 SUPPLIES                                                       75,450.18    76,000.00    50,022.84    32,930.30   100,000.00

 OTHER EXPENSES
 101‐253‐778                 BUDGETED OTHER EXPENSES                 0.00     1,900.00        0.00         0.00      1,900.00
 101‐253‐861                 CONFERENCE, TRAINING AND TRAVEL     1,464.55         0.00       45.00       689.00          0.00
 OTHER EXPENSES                                                  1,464.55     1,900.00       45.00       689.00      1,900.00

 CONTRACTUAL SERVICES
 101‐253‐776                 COPY MACHINE CHARGES                1,850.36         0.00       610.04       880.58         0.00
 101‐253‐801                 CONTRACTUAL SERVICES                  536.45   104,500.00        50.41        82.11   104,500.00
 101‐253‐804                 COMPUTER SERVICES                  13,042.00         0.00     5,489.00     4,345.00         0.00
 101‐253‐850                 TELEPHONE                             980.93         0.00       510.00       510.00         0.00
 101‐253‐902                 PRINTING                           31,978.25         0.00    10,691.57    17,204.59         0.00
 101‐253‐957                 PARKING TICKET FEES                57,243.54         0.00         0.00    44,430.56         0.00
 101‐253‐963                 REFUNDS/RESALES                    43,197.34         0.00    21,661.70    24,102.72         0.00
 CONTRACTUAL SERVICES                                          148,828.87   104,500.00    39,012.72    91,555.56   104,500.00

 CAPITAL OUTLAYS
 101‐253‐971                 BUDGETED CAPITAL OUTLAYS                0.00     2,850.00         0.00        0.00      3,300.00
 101‐253‐980                 COMPUTER HARDWARE & SOFTWARE        3,299.62         0.00     3,261.56       87.19          0.00
 CAPITAL OUTLAYS                                                 3,299.62     2,850.00     3,261.56       87.19      3,300.00

 Total Dept 253 ‐ CITY TREASURER                               637,622.01   596,842.00   329,526.67   331,197.09   621,292.00

 Dept 257 ‐ CITY ASSESSOR
 SALARIES & BENEFITS
 101‐257‐702                 BUDGETED SALARIES & BENEFITS            0.00     2,678.00        0.00         0.00      2,678.00
 101‐257‐705                 TEMPORARY SALARY                    1,080.00         0.00      420.00       120.00          0.00
 101‐257‐722                 SOCIAL SECURITY                        64.26         0.00       22.95         9.18          0.00
 101‐257‐723                 WORKERS' COMPENSATION                   4.64         0.00        1.68         0.52          0.00
 101‐257‐724                 UNEMPLOYMENT                            6.89         0.00        2.98         0.08          0.00
 SALARIES & BENEFITS                                             1,155.79     2,678.00      447.61       129.78      2,678.00

 OTHER EXPENSES
 101‐257‐861                 CONFERENCE, TRAINING AND TRAVEL      156.21          0.00         0.00         0.00         0.00
 OTHER EXPENSES                                                   156.21          0.00         0.00         0.00         0.00

 CONTRACTUAL SERVICES
 101‐257‐801                 CONTRACTUAL SERVICES              413,348.00   413,348.00   215,660.10   206,674.00   413,348.00
 101‐257‐903                 ADVERTISING                         1,257.40         0.00         0.00         0.00         0.00
 CONTRACTUAL SERVICES                                          414,605.40   413,348.00   215,660.10   206,674.00   413,348.00

 Total Dept 257 ‐ CITY ASSESSOR                                415,917.40   416,026.00   216,107.71   206,803.78   416,026.00

 Dept 265 ‐ CITY HALL MAINTENANCE
 SALARIES & BENEFITS
 101‐265‐702                BUDGETED SALARIES & BENEFITS             0.00    80,000.00         0.00         0.00    95,000.00
 101‐265‐703                SALARY PERMANENT                    61,725.13         0.00    30,406.02    31,870.14         0.00
 101‐265‐707                OVERTIME                               263.21         0.00       425.32       247.00         0.00
 101‐265‐708                VACATION PAY                         6,374.31         0.00     1,829.04     2,696.14         0.00
 101‐265‐709                LONGEVITY PAY                          300.03         0.00       187.53       150.02         0.00
 101‐265‐710                PERSONAL & OTHER LEAVE                 361.14         0.00       386.10       168.54         0.00




Packet Page 238
 101‐265‐711                HOLIDAY PAY                           2,727.15         0.00     1,645.13     1,531.12         0.00
 101‐265‐712                RETIREE HEALTHCARE ‐ GENERAL          3,411.76         0.00     1,166.72     2,336.85         0.00
 101‐265‐714                MERS RETIREMENT SYSTEM                6,282.45         0.00     3,362.17     3,443.04         0.00
 101‐265‐717                HEALTH INSURANCE                      6,832.47         0.00     3,273.10     4,608.36         0.00
 101‐265‐718                LIFE INSURANCE                          244.92         0.00       140.18       133.93         0.00
 101‐265‐719                DENTAL INSURANCE                      1,148.61         0.00       600.14       672.43         0.00
 101‐265‐721                DISABILITY INSURANCE                    227.16         0.00       124.44       130.48         0.00
 101‐265‐722                SOCIAL SECURITY                       5,303.57         0.00     2,836.54     2,939.78         0.00
 101‐265‐723                WORKERS' COMPENSATION                 3,368.36         0.00     1,642.32     1,931.86         0.00
 101‐265‐724                UNEMPLOYMENT                             75.17         0.00         0.00         0.00         0.00
 SALARIES & BENEFITS                                             98,645.44    80,000.00    48,024.75    52,859.69    95,000.00

 SUPPLIES
 101‐265‐727                BUDGETED SUPPLIES                         0.00    38,000.00         0.00         0.00    38,000.00
 101‐265‐734                CLOTHING & UNIFORMS                     114.23         0.00       128.47         0.00         0.00
 101‐265‐741                TOOLS                                 2,235.97         0.00       351.41     1,590.41         0.00
 101‐265‐749                MISCELLANEOUS MATERIAL & SUPPLIES     1,401.05         0.00       871.47       714.94         0.00
 101‐265‐758                BUILDING SUPPLIES                    10,340.25         0.00    12,322.32     4,645.91         0.00
 101‐265‐760                CUSTODIAL SUPPLIES                    7,998.35         0.00     6,704.70     4,004.37         0.00
 101‐265‐762                EQUIPMENT SUPPLIES                    2,814.28         0.00       485.16     2,814.28         0.00
 101‐265‐767                SEEDING & PLANTING SUPPLIES           2,100.00         0.00         0.00         0.00         0.00
 101‐265‐900                PUBLICATIONS                              0.00         0.00        29.40         0.00         0.00
 SUPPLIES                                                        27,004.13    38,000.00    20,892.93    13,769.91    38,000.00

 CONTRACTUAL SERVICES
 101‐265‐776                COPY MACHINE CHARGES                    193.52         0.00         3.98       126.34         0.00
 101‐265‐801                CONTRACTUAL SERVICES                 48,415.29   182,392.00    61,130.30    20,107.67   200,000.00
 101‐265‐850                TELEPHONE                             5,864.47         0.00     2,848.33     2,639.69         0.00
 101‐265‐920                ELECTRICITY                         108,233.27         0.00    53,397.10    52,226.44         0.00
 101‐265‐921                HEAT                                 31,187.48         0.00     6,551.43     7,929.09         0.00
 101‐265‐922                WATER & SEWER                         9,378.90         0.00     2,738.03     5,601.46         0.00
 101‐265‐944                VEHICLE RENTAL                        5,991.00         0.00     3,318.00     2,995.50         0.00
 CONTRACTUAL SERVICES                                           209,263.93   182,392.00   129,987.17    91,626.19   200,000.00

 CAPITAL OUTLAYS
 101‐265‐971                BUDGETED CAPITAL OUTLAYS                  0.00    54,150.00         0.00         0.00    54,150.00
 101‐265‐982                BUILDING PURCHASES&CONSTRUCTION         386.99         0.00         0.00        34.99         0.00
 101‐265‐986                BUILDING REPAIR                      29,887.81         0.00    13,576.69    10,897.65         0.00
 CAPITAL OUTLAYS                                                 30,274.80    54,150.00    13,576.69    10,932.64    54,150.00

 Total Dept 265 ‐ CITY HALL MAINTENANCE                         365,188.30   354,542.00   212,481.54   169,188.43   387,150.00

 Dept 266 ‐ CITY ATTORNEY
 SUPPLIES
 101‐266‐730                PUBLICATIONS & MEMBERSHIPS                0.00         0.00      990.00          0.00         0.00
 SUPPLIES                                                             0.00         0.00      990.00          0.00         0.00

 CONTRACTUAL SERVICES
 101‐266‐801                CONTRACTUAL SERVICES                  2,813.00   420,000.00         0.00     2,030.00   420,000.00
 101‐266‐802                LEGAL FEES                          403,571.00         0.00   210,000.00   223,571.00         0.00
 101‐266‐963                MISC. SERVICES & CHARGES            119,931.35         0.00     1,610.98     8,145.98         0.00
 CONTRACTUAL SERVICES                                           526,315.35   420,000.00   211,610.98   233,746.98   420,000.00




Packet Page 239
 Total Dept 266 ‐ CITY ATTORNEY                                     526,315.35   420,000.00   212,600.98    233,746.98   420,000.00

 Dept 269 ‐ CIVIL SERVICE
 SALARIES & BENEFITS
 101‐269‐702                      BUDGETED SALARIES & BENEFITS            0.00    87,790.00         0.00          0.00    87,790.00
 101‐269‐703                      SALARY PERMANENT                   43,394.84         0.00    22,460.31     20,416.41         0.00
 101‐269‐708                      VACATION PAY                        7,422.14         0.00       363.19        992.75         0.00
 101‐269‐709                      LONGEVITY PAY                         450.00         0.00       270.00        180.00         0.00
 101‐269‐710                      PERSONAL & OTHER LEAVE                260.17         0.00       209.50        260.17         0.00
 101‐269‐711                      HOLIDAY PAY                         2,400.74         0.00     1,303.59      1,246.03         0.00
 101‐269‐712                      RETIREE HEALTHCARE ‐ GENERAL       16,154.16         0.00     8,274.11      7,645.07         0.00
 101‐269‐713                      RETIREE HEALTHCARE ‐ P&F              279.81         0.00       410.62        279.81         0.00
 101‐269‐714                      MERS RETIREMENT SYSTEM              4,799.90         0.00     2,457.92      2,268.26         0.00
 101‐269‐717                      HEALTH INSURANCE                    4,364.62         0.00     3,198.79      2,544.04         0.00
 101‐269‐718                      LIFE INSURANCE                        219.84         0.00       135.18        116.02         0.00
 101‐269‐719                      DENTAL INSURANCE                      598.92         0.00       374.65        340.10         0.00
 101‐269‐721                      DISABILITY INSURANCE                  177.21         0.00        99.63         91.88         0.00
 101‐269‐722                      SOCIAL SECURITY                     4,130.91         0.00     2,367.39      2,020.78         0.00
 101‐269‐723                      WORKERS' COMPENSATION                 322.69         0.00       251.37        202.17         0.00
 101‐269‐724                      UNEMPLOYMENT                           40.47         0.00         0.00          0.00         0.00
 SALARIES & BENEFITS                                                 85,016.42    87,790.00    42,176.25     38,603.49    87,790.00

 SUPPLIES
 101‐269‐727                      BUDGETED SUPPLIES                      0.00       950.00         0.00          0.00       950.00
 101‐269‐728                      OFFICE SUPPLIES                      336.57         0.00       304.92        285.28         0.00
 101‐269‐730                      PUBLICATIONS & MEMBERSHIPS           373.36         0.00       324.00          0.00         0.00
 101‐269‐731                      POSTAGE                                0.00         0.00         6.53          0.00         0.00
 101‐269‐753                      COMPUTER SUPPLIES                      9.11         0.00         0.00          0.00         0.00
 SUPPLIES                                                              719.04       950.00       635.45        285.28       950.00

 OTHER EXPENSES
 101‐269‐861                      CONFERENCE, TRAINING AND TRAVEL    15,474.17         0.00     9,370.04     12,390.65         0.00
 OTHER EXPENSES                                                      15,474.17         0.00     9,370.04     12,390.65         0.00

 CONTRACTUAL SERVICES
 101‐269‐801                      CONTRACTUAL SERVICES              108,433.50   142,500.00    40,197.68     41,847.50   142,500.00
 101‐269‐809                      MEDICAL SERVICES                   26,121.11         0.00    11,010.10     10,382.61         0.00
 101‐269‐850                      TELEPHONE                             480.78         0.00       189.18        254.70         0.00
 CONTRACTUAL SERVICES                                               135,035.39   142,500.00    51,396.96     52,484.81   142,500.00

 CAPITAL OUTLAYS
 101‐269‐971                      BUDGETED CAPITAL OUTLAYS                0.00         0.00      (787.15)         0.00         0.00
 CAPITAL OUTLAYS                                                          0.00         0.00      (787.15)         0.00         0.00

 Total Dept 269 ‐ CIVIL SERVICE                                     236,245.02   231,240.00   102,791.55    103,764.23   231,240.00

 Dept 272 ‐ INSURANCE SERVICES
 CONTRACTUAL SERVICES
 101‐272‐726                OTHER INSURANCE&BONDS                   450,719.16   407,941.00   250,000.00          0.00   750,000.00
 CONTRACTUAL SERVICES                                               450,719.16   407,941.00   250,000.00          0.00   750,000.00

 Total Dept 272 ‐ INSURANCE SERVICES                                450,719.16   407,941.00   250,000.00          0.00   750,000.00




Packet Page 240
 Dept 301 ‐ POLICE DEPARTMENT
 SALARIES & BENEFITS
 101‐301‐702               BUDGETED SALARIES & BENEFITS               0.00   9,100,000.00           0.00           0.00   9,300,000.00
 101‐301‐703               SALARY PERMANENT                   4,978,738.11           0.00   2,346,059.08   2,292,852.85           0.00
 101‐301‐704               COURT TIME                             2,377.96           0.00       1,734.00         847.96           0.00
 101‐301‐705               TEMPORARY SALARY                      66,701.18           0.00      35,389.82      33,915.37           0.00
 101‐301‐707               OVERTIME                             550,031.50           0.00     422,268.66     376,343.30           0.00
 101‐301‐708               VACATION PAY                         711,051.17           0.00     260,974.24     224,242.99           0.00
 101‐301‐709               LONGEVITY PAY                         39,040.52           0.00      17,170.88      20,425.00           0.00
 101‐301‐710               PERSONAL & OTHER LEAVE               157,698.86           0.00      52,612.34      49,877.48           0.00
 101‐301‐711               HOLIDAY PAY                          152,527.60           0.00      74,471.24      82,995.13           0.00
 101‐301‐712               RETIREE HEALTHCARE ‐ GENERAL         194,667.46           0.00      52,499.98      70,057.72           0.00
 101‐301‐713               RETIREE HEALTHCARE ‐ P&F             897,548.20           0.00     732,187.20     468,672.33           0.00
 101‐301‐714               MERS RETIREMENT SYSTEM               511,342.68           0.00      93,212.66     253,628.77           0.00
 101‐301‐717               RX CLAIMS (ACTIVE)                   696,857.47           0.00     367,042.06     388,922.51           0.00
 101‐301‐718               LIFE INSURANCE                        21,461.28           0.00      12,366.76      11,134.21           0.00
 101‐301‐719               DENTAL INSURANCE                      72,512.92           0.00      38,696.23      38,903.04           0.00
 101‐301‐721               DISABILITY INSURANCE                  17,676.83           0.00      10,489.69       8,893.46           0.00
 101‐301‐722               SOCIAL SECURITY                      144,392.11           0.00      70,870.20      73,862.54           0.00
 101‐301‐723               WORKERS' COMPENSATION                169,874.55           0.00      88,877.24      86,842.77           0.00
 101‐301‐724               UNEMPLOYMENT                           6,057.95           0.00         556.29          64.27           0.00
 101‐301‐725               EDUCATION INCENTIVE PAY               38,250.00           0.00      38,000.00      38,250.00           0.00
 SALARIES & BENEFITS                                          9,428,808.35   9,100,000.00   4,715,478.57   4,520,731.70   9,300,000.00

 SUPPLIES
 101‐301‐727              BUDGETED SUPPLIES                          0.00     130,430.00           0.00           0.00     130,430.00
 101‐301‐728              OFFICE SUPPLIES                        6,766.45           0.00       4,268.58       3,583.08           0.00
 101‐301‐730              PUBLICATIONS & MEMBERSHIPS            12,460.75           0.00       1,758.50       9,543.84           0.00
 101‐301‐731              POSTAGE                                6,957.67           0.00       3,509.51       1,310.23           0.00
 101‐301‐732              AMMUNITION                            21,508.44           0.00       8,537.18      15,627.68           0.00
 101‐301‐734              CLOTHING & UNIFORMS                   55,820.71           0.00      30,582.28      23,606.00           0.00
 101‐301‐739              TESTING SUPPLIES                       4,977.37           0.00       4,223.95       2,340.85           0.00
 101‐301‐745              MOTOR FUEL & LUBRICANTS                   25.00           0.00          30.00          25.00           0.00
 101‐301‐748              MEDICAL SUPPLIES                       2,719.45           0.00         878.99       1,719.03           0.00
 101‐301‐749              MISCELLANEOUS MATERIAL & SUPPLIES     12,979.26           0.00      14,353.55       3,318.63           0.00
 101‐301‐752              PHOTOGRAPHIC SUPPLIES                  2,738.10           0.00           0.00           0.00           0.00
 101‐301‐753              COMPUTER SUPPLIES                      2,826.36           0.00          70.87       2,807.81           0.00
 101‐301‐756              REPAIR SUPPLIES                           49.98           0.00           0.00           0.00           0.00
 101‐301‐762              EQUIPMENT SUPPLIES                    18,277.15           0.00      36,285.00      18,263.16           0.00
 101‐301‐769              COMMUNICATIONS SUPPLIES                3,000.00           0.00       3,000.00       3,000.00           0.00
 SUPPLIES                                                      151,106.69     130,430.00     107,498.41      85,145.31     130,430.00

 OTHER EXPENSES
 101‐301‐778              BUDGETED OTHER EXPENSES                    0.00      28,500.00           0.00           0.00      28,500.00
 101‐301‐861              CONFERENCE, TRAINING AND TRAVEL       59,275.79           0.00      18,129.83      45,915.37           0.00
 OTHER EXPENSES                                                 59,275.79      28,500.00      18,129.83      45,915.37      28,500.00

 CONTRACTUAL SERVICES
 101‐301‐773              LAUNDRY & UNIFORM CLEANING             6,326.02            0.00      5,422.27       2,209.99            0.00
 101‐301‐776              COPY MACHINE CHARGES                  12,152.50            0.00      3,787.60       5,945.43            0.00
 101‐301‐801              CONTRACTUAL SERVICES                  28,264.16    1,031,235.00     30,483.75      11,289.87    1,031,235.00
 101‐301‐808              POLICE INVESTIGATIONS                  7,753.50            0.00        517.00           0.00            0.00
 101‐301‐809              MEDICAL SERVICES                          26.00            0.00        435.00          26.00            0.00




Packet Page 241
 101‐301‐850                TELEPHONE                               23,859.06            0.00     12,873.42      11,624.45             0.00
 101‐301‐902                PRINTING                                 6,605.19            0.00      2,938.50       3,381.49             0.00
 101‐301‐941                VEHICLE LEASING & MAINTENANCE           34,092.09            0.00     14,475.05      22,500.00             0.00
 101‐301‐944                VEHICLE RENTAL                         682,302.00            0.00    497,860.02     341,151.00             0.00
 101‐301‐959                PAYMENT TO OTHER GOVERNMENT            259,404.86            0.00    142,388.16      92,197.01             0.00
 101‐301‐963                BANK CHARGES                             3,049.77            0.00          0.00       2,556.98             0.00
 CONTRACTUAL SERVICES                                            1,063,835.15    1,031,235.00    711,180.77     492,882.22     1,031,235.00

 CAPITAL OUTLAYS
 101‐301‐971                BUDGETED CAPITAL OUTLAYS                    0.00       70,000.00           0.00           0.00       70,000.00
 101‐301‐977                EQUIPMENT PURCHASES                    17,169.88            0.00       8,878.35      13,873.88            0.00
 101‐301‐979                OFFICE FURNITURE&EQUIPMENT                164.79            0.00         895.46         164.79            0.00
 101‐301‐980                COMPUTER HARDWARE & SOFTWARE           37,795.96            0.00       3,472.39      32,247.98            0.00
 101‐301‐985                OFFICE FURNITURE&EQUIPMENT REPAIR           0.00            0.00         960.22           0.00            0.00
 CAPITAL OUTLAYS                                                   55,130.63       70,000.00      14,206.42      46,286.65       70,000.00

 Total Dept 301 ‐ POLICE DEPARTMENT                             10,758,156.61   10,360,165.00   5,566,494.00   5,190,961.25   10,429,735.00

 Dept 333 ‐ POLICE DRUG FORFEITURES
 CONTRACTUAL SERVICES
 101‐333‐808                POLICE INVESTIGATIONS                     500.00            0.00       8,446.31           0.00         8,446.31
 CONTRACTUAL SERVICES                                                 500.00            0.00       8,446.31           0.00             0.00

 Total Dept 333 ‐ POLICE DRUG FORFEITURES                             500.00            0.00       8,446.31           0.00         8,446.31

 Dept 336 ‐ FIRE DEPARTMENT
 SALARIES & BENEFITS
 101‐336‐702                BUDGETED SALARIES & BENEFITS                 0.00    2,700,000.00           0.00           0.00    3,000,000.00
 101‐336‐703                SALARY PERMANENT                     1,486,198.84            0.00     794,857.51     717,543.25            0.00
 101‐336‐707                OVERTIME                               237,855.16            0.00     185,460.86     104,761.98            0.00
 101‐336‐708                VACATION PAY                            94,586.47            0.00      48,668.29      43,857.18            0.00
 101‐336‐709                LONGEVITY PAY                            2,100.00            0.00       1,050.00       1,050.00            0.00
 101‐336‐710                PERSONAL & OTHER LEAVE                  31,625.00            0.00      27,772.86      20,515.34            0.00
 101‐336‐711                HOLIDAY PAY                              3,183.95            0.00       2,374.57         983.62            0.00
 101‐336‐712                RETIREE HEALTHCARE ‐ GENERAL            33,286.54            0.00       4,477.01      17,841.21            0.00
 101‐336‐713                RETIREE HEALTHCARE ‐ P&F                57,987.51            0.00      51,822.68      30,248.25            0.00
 101‐336‐714                MERS RETIREMENT SYSTEM                 213,989.25            0.00     142,980.83     112,817.63            0.00
 101‐336‐717                RX CLAIMS (ACTIVE)                     212,618.72            0.00     140,762.11     110,500.85            0.00
 101‐336‐718                LIFE INSURANCE                           3,365.13            0.00       2,084.52       1,798.39            0.00
 101‐336‐719                DENTAL INSURANCE                        22,927.56            0.00      13,108.69      12,490.65            0.00
 101‐336‐721                DISABILITY INSURANCE                     5,802.72            0.00       3,680.34       3,118.59            0.00
 101‐336‐722                SOCIAL SECURITY                         31,300.24            0.00      19,380.66      16,621.01            0.00
 101‐336‐723                WORKERS' COMPENSATION                   77,135.11            0.00      50,224.24      41,116.32            0.00
 101‐336‐724                UNEMPLOYMENT                             1,798.23            0.00         294.35          10.03            0.00
 SALARIES & BENEFITS                                             2,515,760.43    2,700,000.00   1,488,999.52   1,235,274.30    3,000,000.00

 SUPPLIES
 101‐336‐727                BUDGETED SUPPLIES                           0.00      160,835.00           0.00           0.00      180,835.00
 101‐336‐728                OFFICE SUPPLIES                         1,074.10            0.00         199.02         418.43            0.00
 101‐336‐730                PUBLICATIONS & MEMBERSHIPS              2,914.20            0.00         432.37         225.00            0.00
 101‐336‐731                POSTAGE                                   678.46            0.00         294.22         472.78            0.00
 101‐336‐734                CLOTHING & UNIFORMS                    21,361.90            0.00      25,317.85       9,672.39            0.00
 101‐336‐741                TOOLS                                   3,274.46            0.00       5,902.22       1,978.21            0.00




Packet Page 242
 101‐336‐743                FOOD                                   7,532.00           0.00       3,750.00       3,750.00           0.00
 101‐336‐745                MOTOR FUEL & LUBRICANTS               34,309.24           0.00      24,584.28      13,797.48           0.00
 101‐336‐748                MEDICAL SUPPLIES                      17,314.31           0.00       9,955.55       9,597.17           0.00
 101‐336‐749                MISCELLANEOUS MATERIAL & SUPPLIES     24,868.47           0.00       9,251.55       6,151.47           0.00
 101‐336‐751                OXYGEN,ACETYLENE & OTHER GASES         1,854.67           0.00       1,467.95         541.21           0.00
 101‐336‐753                COMPUTER SUPPLIES                          0.00           0.00       7,040.69           0.00           0.00
 101‐336‐756                REPAIR SUPPLIES                       10,640.29           0.00       8,212.37       2,523.46           0.00
 101‐336‐758                BUILDING SUPPLIES                      5,746.04           0.00      11,656.04          15.96           0.00
 101‐336‐760                CUSTODIAL SUPPLIES                     3,165.42           0.00       2,295.62       1,103.84           0.00
 101‐336‐762                EQUIPMENT SUPPLIES                     2,749.80           0.00       2,800.16       1,117.16           0.00
 101‐336‐764                FIRE EQUIPMENT REPAIR SUPPLIES        52,989.83           0.00      44,410.56      13,778.44           0.00
 101‐336‐767                SEEDING & PLANTING SUPPLIES            1,608.75           0.00         847.16         349.23           0.00
 SUPPLIES                                                        192,081.94     160,835.00     158,417.61      65,492.23     180,835.00

 OTHER EXPENSES
 101‐336‐778                BUDGETED OTHER EXPENSES                    0.00      23,750.00           0.00           0.00      23,750.00
 101‐336‐861                CONFERENCE, TRAINING AND TRAVEL       13,428.86           0.00      10,057.97       1,175.90           0.00
 OTHER EXPENSES                                                   13,428.86      23,750.00      10,057.97       1,175.90      23,750.00

 CONTRACTUAL SERVICES
 101‐336‐726                OTHER INSURANCE&BONDS                 30,181.26           0.00           0.00           0.00           0.00
 101‐336‐776                COPY MACHINE CHARGES                   2,842.86           0.00         462.64       1,687.66           0.00
 101‐336‐801                CONTRACTUAL SERVICES                  40,349.69     174,620.00      19,704.04      21,673.45     174,620.00
 101‐336‐809                MEDICAL SERVICES                       6,353.60           0.00          58.50       6,353.60           0.00
 101‐336‐810                PUBLIC RELATIONS                       1,636.22           0.00         574.26       1,636.22           0.00
 101‐336‐850                TELEPHONE                              9,384.45           0.00       3,855.10       4,716.68           0.00
 101‐336‐902                PRINTING                               1,143.24           0.00         699.94         780.24           0.00
 101‐336‐920                ELECTRICITY                           11,093.87           0.00       5,136.23       5,211.78           0.00
 101‐336‐921                HEAT                                   7,419.15           0.00       1,471.53       1,813.65           0.00
 101‐336‐922                WATER & SEWER                          3,518.72           0.00       2,534.57       2,595.52           0.00
 101‐336‐944                VEHICLE RENTAL                        24,962.04           0.00      17,163.52      12,481.02           0.00
 101‐336‐959                PAYMENT TO OTHER GOVERNMENT           26,162.11           0.00      11,983.66       9,348.74           0.00
 101‐336‐963                MISC. SERVICES & CHARGES              11,911.09           0.00       1,210.42       1,228.15           0.00
 CONTRACTUAL SERVICES                                            176,958.30     174,620.00      64,854.41      69,526.71     174,620.00

 CAPITAL OUTLAYS
 101‐336‐971                BUDGETED CAPITAL OUTLAYS                   0.00      30,780.00       2,169.06           0.00      30,780.00
 101‐336‐977                EQUIPMENT PURCHASES                    9,199.00           0.00      24,367.31           0.00           0.00
 101‐336‐980                COMPUTER HARDWARE & SOFTWARE           4,881.75           0.00          59.99         112.55           0.00
 101‐336‐981                COMMUNICATIONS EQUIPMENT                   0.00           0.00       1,887.12           0.00           0.00
 101‐336‐983                EQUIPMENT REPAIR                      23,139.82           0.00         854.57       5,122.44           0.00
 101‐336‐986                BUILDING REPAIR                        3,500.25           0.00       5,720.45         475.80           0.00
 CAPITAL OUTLAYS                                                  40,720.82      30,780.00      35,058.50       5,710.79      30,780.00

 OTHER FINANCING USES
 101‐336‐991                PRINCIPAL EXP (CAPITAL LEASE)        197,462.34           0.00     133,545.31      65,084.75           0.00
 101‐336‐993                INTEREST EXP. (CAPITAL LEASE)         17,592.66           0.00       9,824.69       6,600.25           0.00
 101‐336‐995‐005900         BUDGETED OTHER FINANCING USES              0.00     286,740.00           0.00           0.00     286,740.00
 OTHER FINANCING USES                                            215,055.00     286,740.00     143,370.00      71,685.00     286,740.00

 Total Dept 336 ‐ FIRE DEPARTMENT                               3,154,005.35   3,376,725.00   1,900,758.01   1,448,864.93   3,696,725.00

 Dept 340 ‐ NEW CENTRAL FIRE STATION




Packet Page 243
 SUPPLIES
 101‐340‐767                SEEDING & PLANTING SUPPLIES                 0.00           0.00       386.80           0.00          0.00
 SUPPLIES                                                               0.00           0.00       386.80           0.00          0.00

 CONTRACTUAL SERVICES
 101‐340‐801                CONTRACTUAL SERVICES                       0.00       92,500.00          0.00          0.00     92,500.00
 101‐340‐920                ELECTRICITY                           69,942.90            0.00     36,434.04     31,771.57          0.00
 101‐340‐921                HEAT                                  19,596.53            0.00      4,918.18      5,239.54          0.00
 101‐340‐922                WATER & SEWER                          5,883.69            0.00      3,800.27      3,435.21          0.00
 CONTRACTUAL SERVICES                                             95,423.12       92,500.00     45,152.49     40,446.32     92,500.00

 Total Dept 340 ‐ NEW CENTRAL FIRE STATION                        95,423.12       92,500.00     45,539.29     40,446.32     92,500.00

 Dept 387 ‐ FIRE INSPECTION SERVICES
 SALARIES & BENEFITS
 101‐387‐702                  BUDGETED SALARIES & BENEFITS             0.00      208,654.00          0.00          0.00    208,654.00
 101‐387‐703                  SALARY PERMANENT                    95,569.43            0.00     43,105.18     43,267.30          0.00
 101‐387‐708                  VACATION PAY                        15,416.07            0.00      8,693.41      8,862.27          0.00
 101‐387‐709                  LONGEVITY PAY                        1,800.00            0.00      1,050.00        900.00          0.00
 101‐387‐710                  PERSONAL & OTHER LEAVE                 619.70            0.00      1,796.96        119.59          0.00
 101‐387‐711                  HOLIDAY PAY                          6,085.03            0.00      3,156.88      3,105.52          0.00
 101‐387‐712                  RETIREE HEALTHCARE ‐ GENERAL        35,628.89            0.00     19,394.63     18,409.55          0.00
 101‐387‐714                  MERS RETIREMENT SYSTEM               4,576.72            0.00      2,530.54      2,320.08          0.00
 101‐387‐717                  HEALTH INSURANCE                    31,118.30            0.00     13,598.69     19,012.00          0.00
 101‐387‐718                  LIFE INSURANCE                         392.74            0.00        213.62        205.23          0.00
 101‐387‐719                  DENTAL INSURANCE                     1,872.00            0.00      1,005.66      1,008.00          0.00
 101‐387‐721                  DISABILITY INSURANCE                   439.98            0.00        240.95        229.04          0.00
 101‐387‐722                  SOCIAL SECURITY                      8,406.46            0.00      4,617.47      4,307.61          0.00
 101‐387‐723                  WORKERS' COMPENSATION                  683.86            0.00        345.39        352.01          0.00
 101‐387‐724                  UNEMPLOYMENT                           134.90            0.00          0.00          0.00          0.00
 SALARIES & BENEFITS                                             202,744.08      208,654.00     99,749.38    102,098.20    208,654.00

 SUPPLIES
 101‐387‐727                BUDGETED SUPPLIES                          0.00       19,000.00          0.00          0.00     19,000.00
 101‐387‐728                OFFICE SUPPLIES                          871.44            0.00        537.00        599.44          0.00
 101‐387‐731                POSTAGE                                9,000.00            0.00      1,300.00      5,000.00          0.00
 101‐387‐749                MISCELLANEOUS MATERIAL & SUPPLIES      3,603.25            0.00          0.00          0.00          0.00
 SUPPLIES                                                         13,474.69       19,000.00      1,837.00      5,599.44     19,000.00

 OTHER EXPENSES
 101‐387‐778                BUDGETED OTHER EXPENSES                     0.00       2,850.00          0.00          0.00      2,850.00
 OTHER EXPENSES                                                         0.00       2,850.00          0.00          0.00      2,850.00

 CONTRACTUAL SERVICES
 101‐387‐776                COPY MACHINE CHARGES                    5,417.63            0.00     2,204.52      2,520.14           0.00
 101‐387‐801                CONTRACTUAL SERVICES                1,413,853.17    1,710,000.00   913,285.40    617,563.27   1,710,000.00
 101‐387‐850                TELEPHONE                               3,498.86            0.00     1,735.78      1,648.12           0.00
 101‐387‐902                PRINTING                                2,424.79            0.00     4,330.60        856.79           0.00
 101‐387‐931                DEMOLITION                             (9,360.92)           0.00      (525.00)         0.00           0.00
 101‐387‐932                BOARD UP'S                             10,194.80            0.00     8,122.00      5,345.00           0.00
 101‐387‐933                LOT MOWING                             53,450.90            0.00    76,810.10     43,092.00           0.00
 101‐387‐934                LOT CLEAN UP'S                         31,835.00            0.00    68,869.85     18,768.10           0.00
 101‐387‐944                VEHICLE RENTAL                              0.00            0.00     1,089.00          0.00           0.00




Packet Page 244
 101‐387‐963                 BANK CHARGES                                3.18           0.00           0.00         3.18           0.00
 CONTRACTUAL SERVICES                                            1,511,317.41   1,710,000.00   1,075,922.25   689,796.60   1,710,000.00

 CAPITAL OUTLAYS
 101‐387‐980                 COMPUTER HARDWARE & SOFTWARE             416.26           0.00           0.00          0.00          0.00
 CAPITAL OUTLAYS                                                      416.26           0.00           0.00          0.00          0.00

 Total Dept 387 ‐ FIRE INSPECTION SERVICES                       1,727,952.44   1,940,504.00   1,177,508.63   797,494.24   1,940,504.00

 Dept 446 ‐ HIGHWAY NONCHARGEABLE
 SALARIES & BENEFITS
 101‐446‐702              BUDGETED SALARIES & BENEFITS                  0.00      40,106.00           0.00          0.00     40,106.00
 101‐446‐703              SALARY PERMANENT                         20,626.73           0.00       8,683.75      8,317.44          0.00
 101‐446‐706              LEAD PERSON & SHIFT PREMIUM                   0.00           0.00       1,316.00          0.00          0.00
 101‐446‐707              OVERTIME                                  7,153.82           0.00       1,926.82      3,597.62          0.00
 101‐446‐712              RETIREE HEALTHCARE ‐ GENERAL              1,049.30           0.00         352.08        637.69          0.00
 101‐446‐714              MERS RETIREMENT SYSTEM                    1,794.92           0.00       1,099.91        850.97          0.00
 101‐446‐717              HEALTH INSURANCE                          7,457.46           0.00       3,615.15      4,242.17          0.00
 101‐446‐718              LIFE INSURANCE                               45.24           0.00          24.53         22.50          0.00
 101‐446‐719              DENTAL INSURANCE                            492.58           0.00         248.82        282.81          0.00
 101‐446‐721              DISABILITY INSURANCE                         76.83           0.00          41.60         38.24          0.00
 101‐446‐722              SOCIAL SECURITY                           1,952.68           0.00       1,000.26      1,080.39          0.00
 101‐446‐723              WORKERS' COMPENSATION                     1,395.99           0.00         655.09        789.86          0.00
 101‐446‐724              UNEMPLOYMENT                                 37.93           0.00           0.00          0.14          0.00
 SALARIES & BENEFITS                                               42,083.48      40,106.00      18,964.01     19,859.83     40,106.00

 SUPPLIES
 101‐446‐727                 BUDGETED SUPPLIES                          0.00       8,170.00           0.00          0.00      8,170.00
 101‐446‐737                 IRRIGATION SUPPLIES                       80.54           0.00           0.00          0.00          0.00
 101‐446‐749                 MISCELLANEOUS MATERIAL & SUPPLIES     14,513.80           0.00           0.00      5,931.00          0.00
 101‐446‐765                 ROAD MAINTENANCE SUPPLIES                  0.00           0.00       1,775.00          0.00          0.00
 101‐446‐767                 SEEDING & PLANTING SUPPLIES            1,560.00           0.00           0.00          0.00          0.00
 SUPPLIES                                                          16,154.34       8,170.00       1,775.00      5,931.00      8,170.00

 CONTRACTUAL SERVICES
 101‐446‐801                 CONTRACTUAL SERVICES                  64,860.49      93,575.00      22,139.98     19,395.13     93,575.00
 101‐446‐944                 VEHICLE RENTAL                         7,100.00           0.00           0.00      1,775.00          0.00
 CONTRACTUAL SERVICES                                              71,960.49      93,575.00      22,139.98     21,170.13     93,575.00

 Total Dept 446 ‐ HIGHWAY NONCHARGEABLE                           130,198.31     141,851.00      42,878.99     46,960.96    141,851.00

 Dept 448 ‐ STREET LIGHTING
 CONTRACTUAL SERVICES
 101‐448‐801                CONTRACTUAL SERVICES                   23,030.78     350,000.00       4,728.56      6,254.00    350,000.00
 101‐448‐923                STREET LIGHTING                       333,942.53           0.00     141,579.04    151,904.75          0.00
 CONTRACTUAL SERVICES                                             356,973.31     350,000.00     146,307.60    158,158.75    350,000.00

 Total Dept 448 ‐ STREET LIGHTING                                 356,973.31     350,000.00     146,307.60    158,158.75    350,000.00

 Dept 521 ‐ SANITATION
 SALARIES & BENEFITS
 101‐521‐702                 BUDGETED SALARIES & BENEFITS               0.00      38,489.00           0.00          0.00     38,489.00
 101‐521‐703                 SALARY PERMANENT                      22,688.77           0.00       8,797.19      9,120.61          0.00




Packet Page 245
 101‐521‐707                   OVERTIME                               2,045.52           0.00        844.21         850.94            0.00
 101‐521‐708                   VACATION PAY                           1,458.54           0.00        538.14         593.57            0.00
 101‐521‐709                   LONGEVITY PAY                            299.99           0.00        149.99         150.00            0.00
 101‐521‐710                   PERSONAL & OTHER LEAVE                   263.79           0.00        134.53         263.79            0.00
 101‐521‐711                   HOLIDAY PAY                            1,502.63           0.00        914.80       1,276.64            0.00
 101‐521‐712                   RETIREE HEALTHCARE ‐ GENERAL           7,952.32           0.00      3,842.28       3,996.47            0.00
 101‐521‐714                   MERS RETIREMENT SYSTEM                    80.40           0.00         82.36          15.11            0.00
 101‐521‐717                   HEALTH INSURANCE                       2,433.02           0.00      1,173.00       1,126.06            0.00
 101‐521‐718                   LIFE INSURANCE                            92.15           0.00         48.33          47.68            0.00
 101‐521‐719                   DENTAL INSURANCE                         332.58           0.00        165.04         161.25            0.00
 101‐521‐721                   DISABILITY INSURANCE                      91.37           0.00         47.30          45.33            0.00
 101‐521‐722                   SOCIAL SECURITY                        2,010.62           0.00      1,025.01         990.86            0.00
 101‐521‐723                   WORKERS' COMPENSATION                    682.03           0.00        307.06         292.60            0.00
 101‐521‐724                   UNEMPLOYMENT                              17.20           0.00          0.00           0.00            0.00
 SALARIES & BENEFITS                                                 41,950.93      38,489.00     18,069.24      18,930.91       38,489.00

 SUPPLIES
 101‐521‐727                   BUDGETED SUPPLIES                          0.00       7,600.00         0.00            0.00        7,600.00
 101‐521‐741                   TOOLS                                    472.54           0.00         0.00          472.54            0.00
 101‐521‐749                   MISCELLANEOUS MATERIAL & SUPPLIES         57.95           0.00       788.58           32.95            0.00
 SUPPLIES                                                               530.49       7,600.00       788.58          505.49        7,600.00

 OTHER EXPENSES
 101‐521‐778                   BUDGETED OTHER EXPENSES                  240.00           0.00          0.00         240.00            0.00
 OTHER EXPENSES                                                         240.00           0.00          0.00         240.00            0.00

 CONTRACTUAL SERVICES
 101‐521‐801                   CONTRACTUAL SERVICES                   51,767.25   2,332,500.00    15,759.97       20,009.78    2,332,500.00
 101‐521‐806                   REFUSE COLLECTION                   2,244,873.37           0.00   927,126.22      998,698.25            0.00
 101‐521‐850                   TELEPHONE                                   0.00           0.00       (14.99)         (19.30)           0.00
 101‐521‐902                   PRINTING                                2,083.21           0.00         0.00        2,083.21            0.00
 101‐521‐920                   ELECTRICITY                               387.63           0.00       192.76          162.60            0.00
 101‐521‐940                   RENTAL OF BUILDINGS                     2,352.96           0.00     1,600.50        1,176.48            0.00
 CONTRACTUAL SERVICES                                              2,301,464.42   2,332,500.00   944,664.46    1,022,111.02    2,332,500.00

 Total Dept 521 ‐ SANITATION                                       2,344,185.84   2,378,589.00   963,522.28    1,041,787.42    2,378,589.00

 Dept 550 ‐ STORM WATER MANAGEMENT
 SUPPLIES
 101‐550‐900              PUBLICATIONS                                    0.00           0.00       780.00             0.00           0.00
 SUPPLIES                                                                 0.00           0.00       780.00             0.00           0.00

 CONTRACTUAL SERVICES
 101‐550‐801                   CONTRACTUAL SERVICES                  22,232.61      28,500.00     19,159.81        6,198.66      28,500.00
 CONTRACTUAL SERVICES                                                22,232.61      28,500.00     19,159.81        6,198.66      28,500.00

 Total Dept 550 ‐ STORM WATER MANAGEMENT                             22,232.61      28,500.00     19,939.81        6,198.66      28,500.00

 Dept 567 ‐ CEMETERIES
 SALARIES & BENEFITS
 101‐567‐702                   BUDGETED SALARIES & BENEFITS               0.00     183,170.00          0.00           0.00      140,000.00
 101‐567‐703                   SALARY PERMANENT                      78,234.40           0.00     37,663.08      32,865.24            0.00
 101‐567‐707                   OVERTIME                               5,182.74           0.00      1,828.92       2,185.04            0.00




Packet Page 246
 101‐567‐708                   VACATION PAY                          7,459.91         0.00     4,157.72     4,402.54         0.00
 101‐567‐709                   LONGEVITY PAY                           300.00         0.00       337.50       150.00         0.00
 101‐567‐710                   PERSONAL & OTHER LEAVE                2,008.43         0.00     2,468.88       899.47         0.00
 101‐567‐711                   HOLIDAY PAY                           3,030.67         0.00     1,391.07     1,722.15         0.00
 101‐567‐712                   RETIREE HEALTHCARE ‐ GENERAL         10,783.68         0.00     3,874.31     3,798.38         0.00
 101‐567‐714                   MERS RETIREMENT SYSTEM                5,279.87         0.00     3,344.41     2,985.22         0.00
 101‐567‐717                   HEALTH INSURANCE                     21,926.30         0.00    13,240.98    10,842.16         0.00
 101‐567‐718                   LIFE INSURANCE                          231.63         0.00       130.91       111.52         0.00
 101‐567‐719                   DENTAL INSURANCE                      1,574.28         0.00       868.56       808.96         0.00
 101‐567‐721                   DISABILITY INSURANCE                    346.54         0.00       191.80       166.03         0.00
 101‐567‐722                   SOCIAL SECURITY                       6,916.03         0.00     3,725.96     3,289.11         0.00
 101‐567‐723                   WORKERS' COMPENSATION                 4,226.82         0.00     1,975.05     1,925.49         0.00
 101‐567‐724                   UNEMPLOYMENT                            121.77         0.00         0.00         0.00         0.00
 SALARIES & BENEFITS                                               147,623.07   183,170.00    75,199.15    66,151.31   140,000.00

 SUPPLIES
 101‐567‐727                   BUDGETED SUPPLIES                         0.00    23,655.00         0.00         0.00    23,655.00
 101‐567‐728                   OFFICE SUPPLIES                           0.00         0.00       179.00         0.00         0.00
 101‐567‐730                   PUBLICATIONS & MEMBERSHIPS               40.00         0.00       276.06         0.00         0.00
 101‐567‐734                   CLOTHING & UNIFORMS                     510.98         0.00       612.96         0.00         0.00
 101‐567‐737                   IRRIGATION SUPPLIES                   4,111.71         0.00        75.87     1,140.58         0.00
 101‐567‐741                   TOOLS                                 1,279.17         0.00       100.47       955.01         0.00
 101‐567‐745                   MOTOR FUEL & LUBRICANTS               1,314.62         0.00     1,968.07     1,314.62         0.00
 101‐567‐749                   MISCELLANEOUS MATERIAL & SUPPLIES     4,980.60         0.00     4,008.84     1,907.49         0.00
 101‐567‐758                   BUILDING SUPPLIES                       970.00         0.00       152.50       970.00         0.00
 101‐567‐760                   CUSTODIAL SUPPLIES                    2,972.15         0.00        97.17     1,644.27         0.00
 101‐567‐762                   EQUIPMENT SUPPLIES                    3,054.39         0.00     7,918.98     1,967.61         0.00
 101‐567‐767                   SEEDING & PLANTING SUPPLIES           7,649.57         0.00       487.14     7,169.72         0.00
 SUPPLIES                                                           26,883.19    23,655.00    15,877.06    17,069.30    23,655.00

 OTHER EXPENSES
 101‐567‐778                   BUDGETED OTHER EXPENSES                  0.00       475.00         0.00         0.00       475.00
 101‐567‐861                   CONFERENCE, TRAINING AND TRAVEL        555.18         0.00       276.06       277.18         0.00
 OTHER EXPENSES                                                       555.18       475.00       276.06       277.18       475.00

 CONTRACTUAL SERVICES
 101‐567‐773                   LAUNDRY & UNIFORM CLEANING              267.41         0.00       117.30       129.37         0.00
 101‐567‐801                   CONTRACTUAL SERVICES                164,430.92   337,725.00   106,066.47   106,229.83   337,725.00
 101‐567‐809                   MEDICAL SERVICES                         25.50         0.00         0.00        25.50         0.00
 101‐567‐920                   ELECTRICITY                          13,218.13         0.00     5,569.76     6,583.28         0.00
 101‐567‐921                   HEAT                                  5,157.46         0.00     1,209.37     1,011.97         0.00
 101‐567‐922                   WATER & SEWER                        55,072.50         0.00    46,549.45    46,582.94         0.00
 101‐567‐940                   RENTAL OF BUILDINGS                  19,257.00         0.00    12,904.98     9,628.50         0.00
 101‐567‐944                   VEHICLE RENTAL                       49,925.04         0.00    33,536.54    24,962.52         0.00
 CONTRACTUAL SERVICES                                              307,353.96   337,725.00   205,953.87   195,153.91   337,725.00

 CAPITAL OUTLAYS
 101‐567‐971                   BUDGETED CAPITAL OUTLAYS              4,850.00    56,525.00         0.00     4,850.00    56,525.00
 101‐567‐977                   EQUIPMENT PURCHASES                  22,215.20         0.00     1,084.89    11,250.44         0.00
 101‐567‐983                   EQUIPMENT REPAIR                         34.51         0.00     2,399.17        34.51         0.00
 CAPITAL OUTLAYS                                                    27,099.71    56,525.00     3,484.06    16,134.95    56,525.00

 Total Dept 567 ‐ CEMETERIES                                       509,515.11   601,550.00   300,790.20   294,786.65   558,380.00




Packet Page 247
 Dept 701 ‐ PLANNING
 SALARIES & BENEFITS
 101‐701‐702                 BUDGETED SALARIES & BENEFITS              0.00   430,116.00         0.00         0.00   430,116.00
 101‐701‐703                 SALARY PERMANENT                    232,350.40         0.00    91,492.72   114,005.27         0.00
 101‐701‐708                 VACATION PAY                         37,505.48         0.00     6,426.22    15,166.77         0.00
 101‐701‐709                 LONGEVITY PAY                           637.52         0.00       450.00       225.01         0.00
 101‐701‐710                 PERSONAL & OTHER LEAVE                1,633.08         0.00       608.53     1,175.09         0.00
 101‐701‐711                 HOLIDAY PAY                          11,270.31         0.00     5,424.10     6,269.98         0.00
 101‐701‐712                 RETIREE HEALTHCARE ‐ GENERAL         14,538.37         0.00     6,889.73     7,868.67         0.00
 101‐701‐714                 MERS RETIREMENT SYSTEM               25,516.97         0.00    10,400.88    13,367.49         0.00
 101‐701‐717                 HEALTH INSURANCE                     35,463.64         0.00    10,560.42    21,028.72         0.00
 101‐701‐718                 LIFE INSURANCE                        1,018.19         0.00       413.43       571.04         0.00
 101‐701‐719                 DENTAL INSURANCE                      3,565.10         0.00     1,477.72     2,014.26         0.00
 101‐701‐721                 DISABILITY INSURANCE                    886.73         0.00       375.66       495.27         0.00
 101‐701‐722                 SOCIAL SECURITY                      20,626.41         0.00     8,539.50    10,729.89         0.00
 101‐701‐723                 WORKERS' COMPENSATION                 1,200.75         0.00       562.41       630.37         0.00
 101‐701‐724                 UNEMPLOYMENT                            298.61         0.00        35.35         0.00         0.00
 SALARIES & BENEFITS                                             386,511.56   430,116.00   143,656.67   193,547.83   430,116.00

 SUPPLIES
 101‐701‐727                 BUDGETED SUPPLIES                         0.00    13,015.00         0.00         0.00    13,015.00
 101‐701‐728                 OFFICE SUPPLIES                       1,623.32         0.00     1,061.28       317.98         0.00
 101‐701‐730                 PUBLICATIONS & MEMBERSHIPS           15,903.59         0.00       818.50     2,862.92         0.00
 101‐701‐731                 POSTAGE                               8,485.35         0.00     3,516.89     6,773.26         0.00
 101‐701‐749                 MISCELLANEOUS MATERIAL & SUPPLIES    26,868.65         0.00     3,198.00    20,962.85         0.00
 101‐701‐753                 COMPUTER SUPPLIES                         0.00         0.00        16.67         0.00         0.00
 SUPPLIES                                                         52,880.91    13,015.00     8,611.34    30,917.01    13,015.00

 OTHER EXPENSES
 101‐701‐778                 BUDGETED OTHER EXPENSES                   0.00    23,750.00         0.00         0.00    23,750.00
 101‐701‐861                 CONFERENCE, TRAINING AND TRAVEL      14,293.89         0.00     4,416.73    12,194.75         0.00
 OTHER EXPENSES                                                   14,293.89    23,750.00     4,416.73    12,194.75    23,750.00

 CONTRACTUAL SERVICES
 101‐701‐776                 COPY MACHINE CHARGES                    232.18         0.00        13.94       139.61         0.00
 101‐701‐801                 CONTRACTUAL SERVICES                 53,128.88    85,500.00    78,546.28    12,029.75    85,500.00
 101‐701‐850                 TELEPHONE                             2,843.89         0.00     1,887.50     1,377.85         0.00
 101‐701‐902                 PRINTING                                293.70         0.00        74.50        77.40         0.00
 101‐701‐903                 ADVERTISING                          13,722.34         0.00     3,778.65     7,362.87         0.00
 101‐701‐920                 ELECTRICITY                           4,609.74         0.00     3,691.82     1,248.15         0.00
 101‐701‐944                 VEHICLE RENTAL                        6,657.00         0.00     5,436.52     3,328.50         0.00
 101‐701‐963                 BANK CHARGES                              1.29         0.00         0.00         1.29         0.00
 CONTRACTUAL SERVICES                                             81,489.02    85,500.00    93,429.21    25,565.42    85,500.00

 CAPITAL OUTLAYS
 101‐701‐971                 BUDGETED CAPITAL OUTLAYS                  0.00    19,950.00         0.00         0.00    19,950.00
 101‐701‐980                 COMPUTER HARDWARE & SOFTWARE          6,830.22         0.00    12,713.57     1,831.84         0.00
 101‐701‐985                 OFFICE FURNITURE&EQUIPMENT REPAIR       185.00         0.00     4,131.87         0.00         0.00
 CAPITAL OUTLAYS                                                   7,015.22    19,950.00    16,845.44     1,831.84    19,950.00

 Total Dept 701 ‐ PLANNING                                       542,190.60   572,331.00   266,959.39   264,056.85   572,331.00




Packet Page 248
 Dept 707 ‐ NEIGHBORHOOD & CONSTRUCTION SERVICES
 SUPPLIES
 101‐707‐749              MISCELLANEOUS MATERIAL & SUPPLIES         0.00        0.00        0.00        0.00       70.00
 SUPPLIES                                                           0.00        0.00        0.00        0.00       70.00

 CONTRACTUAL SERVICES
 101‐707‐776                COPY MACHINE CHARGES                    43.65       0.00       42.06        19.37       0.00
 101‐707‐801                CONTRACTUAL SERVICES                   165.45       0.00        0.00         0.00      32.00
 101‐707‐850                TELEPHONE                              126.84       0.00       62.64        38.08       0.00
 101‐707‐934                LOT CLEAN UP'S                         968.80       0.00        0.00       968.80       0.00
 CONTRACTUAL SERVICES                                            1,304.74       0.00      104.70     1,026.25      32.00

 CAPITAL OUTLAYS
 101‐707‐980                COMPUTER HARDWARE & SOFTWARE          196.98         0.00    2,075.01      16.94     2,075.00
 CAPITAL OUTLAYS                                                  196.98         0.00    2,075.01      16.94     2,075.00

 Total Dept 707 ‐ NEIGHBORHOOD & CONSTRUCTION SERVICES           1,501.72       0.00     2,179.71    1,043.19    2,177.00

 Dept 757 ‐ MC GRAFT PARK
 SALARIES & BENEFITS
 101‐757‐702                BUDGETED SALARIES & BENEFITS             0.00   43,866.00        0.00        0.00   43,866.00
 101‐757‐703                SALARY PERMANENT                    19,292.74        0.00    7,089.17   17,082.45        0.00
 101‐757‐707                OVERTIME                             3,095.81        0.00    1,784.21    3,079.10        0.00
 101‐757‐712                RETIREE HEALTHCARE ‐ GENERAL         1,019.96        0.00      185.65      973.15        0.00
 101‐757‐714                MERS RETIREMENT SYSTEM               1,827.11        0.00      742.66    1,684.70        0.00
 101‐757‐717                HEALTH INSURANCE                     5,697.06        0.00    2,118.99    5,297.55        0.00
 101‐757‐718                LIFE INSURANCE                          49.24        0.00       16.87       45.19        0.00
 101‐757‐719                DENTAL INSURANCE                       485.49        0.00      178.86      449.58        0.00
 101‐757‐721                DISABILITY INSURANCE                    83.64        0.00       28.67       76.77        0.00
 101‐757‐722                SOCIAL SECURITY                      1,791.44        0.00      665.81    1,661.03        0.00
 101‐757‐723                WORKERS' COMPENSATION                1,230.50        0.00      315.11    1,163.35        0.00
 101‐757‐724                UNEMPLOYMENT                             0.53        0.00        0.00        0.00        0.00
 SALARIES & BENEFITS                                            34,573.52   43,866.00   13,126.00   31,512.87   43,866.00

 SUPPLIES
 101‐757‐727                BUDGETED SUPPLIES                        0.00    7,030.00        0.00        0.00   25,000.00
 101‐757‐735                PLAYGROUND & ATHLETIC SUPPLIES           0.00        0.00   10,134.00        0.00        0.00
 101‐757‐749                MISCELLANEOUS MATERIAL & SUPPLIES      932.03        0.00      108.88      519.16        0.00
 101‐757‐758                BUILDING SUPPLIES                    1,829.76        0.00    2,557.33      693.76        0.00
 101‐757‐760                CUSTODIAL SUPPLIES                   3,293.50        0.00        0.00    3,293.50        0.00
 101‐757‐765                ROAD MAINTENANCE SUPPLIES            3,574.25        0.00        0.00    3,574.25        0.00
 101‐757‐767                SEEDING & PLANTING SUPPLIES            234.12        0.00        0.00        0.00        0.00
 SUPPLIES                                                        9,863.66    7,030.00   12,800.21    8,080.67   25,000.00

 CONTRACTUAL SERVICES
 101‐757‐801                CONTRACTUAL SERVICES                69,694.75   65,698.00   22,759.38   32,530.86   65,698.00
 101‐757‐850                TELEPHONE                              617.76        0.00      258.73      259.65        0.00
 101‐757‐920                ELECTRICITY                          8,423.88        0.00    3,215.74    5,353.60        0.00
 101‐757‐921                HEAT                                 2,287.16        0.00      600.99      513.57        0.00
 101‐757‐922                WATER & SEWER                           39.60        0.00       16.48       37.62        0.00
 101‐757‐940                RENTAL OF BUILDINGS                      0.00        0.00      817.98        0.00        0.00
 101‐757‐945                OTHER EQUIPMENT RENTAL                 916.12        0.00        0.00      916.12        0.00
 CONTRACTUAL SERVICES                                           81,979.27   65,698.00   27,669.30   39,611.42   65,698.00




Packet Page 249
 CAPITAL OUTLAYS
 101‐757‐971                BUDGETED CAPITAL OUTLAYS             16,371.05    42,750.00         0.00     16,371.05    42,750.00
 101‐757‐986                BUILDING REPAIR                          52.98         0.00    11,150.00         52.98         0.00
 CAPITAL OUTLAYS                                                 16,424.03    42,750.00    11,150.00     16,424.03    42,750.00

 Total Dept 757 ‐ MC GRAFT PARK                                 142,840.48   159,344.00    64,745.51     95,628.99   177,314.00

 Dept 770 ‐ PARKS MAINTENANCE
 SALARIES & BENEFITS
 101‐770‐702               BUDGETED SALARIES & BENEFITS               0.00   921,559.00     2,225.04          0.00   921,559.00
 101‐770‐703               SALARY PERMANENT                     457,078.06         0.00   214,971.65    204,064.60         0.00
 101‐770‐706               LEAD PERSON & SHIFT PREMIUM               70.48         0.00         0.00          0.00         0.00
 101‐770‐707               OVERTIME                              16,706.95         0.00    10,132.16      9,193.26         0.00
 101‐770‐708               VACATION PAY                          68,326.87         0.00    18,605.32     43,572.56         0.00
 101‐770‐709               LONGEVITY PAY                          2,862.48         0.00     1,350.00      1,512.48         0.00
 101‐770‐710               PERSONAL & OTHER LEAVE                11,037.34         0.00     6,203.42      6,549.47         0.00
 101‐770‐711               HOLIDAY PAY                           14,958.02         0.00     6,949.76      8,749.15         0.00
 101‐770‐712               RETIREE HEALTHCARE ‐ GENERAL          56,921.59         0.00    23,500.88     32,184.49         0.00
 101‐770‐714               MERS RETIREMENT SYSTEM                33,560.95         0.00    18,229.70     17,121.32         0.00
 101‐770‐717               HEALTH INSURANCE                     122,367.18         0.00    62,835.18     70,784.71         0.00
 101‐770‐718               LIFE INSURANCE                         1,373.02         0.00       703.96        730.62         0.00
 101‐770‐719               DENTAL INSURANCE                       9,891.39         0.00     4,976.00      5,447.79         0.00
 101‐770‐721               DISABILITY INSURANCE                   2,106.33         0.00     1,045.64      1,108.26         0.00
 101‐770‐722               SOCIAL SECURITY                       41,312.25         0.00    20,649.22     21,716.87         0.00
 101‐770‐723               WORKERS' COMPENSATION                 22,010.54         0.00    10,634.89     11,280.50         0.00
 101‐770‐724               UNEMPLOYMENT                             783.70         0.00         0.00          0.98         0.00
 SALARIES & BENEFITS                                            861,367.15   921,559.00   403,012.82    434,017.06   921,559.00

 SUPPLIES
 101‐770‐727                BUDGETED SUPPLIES                         0.00   162,640.00         0.00          0.00   162,640.00
 101‐770‐728                OFFICE SUPPLIES                         263.91         0.00        52.07          0.00         0.00
 101‐770‐730                PUBLICATIONS & MEMBERSHIPS              883.00         0.00     1,978.00        383.00         0.00
 101‐770‐731                POSTAGE                                   0.00         0.00        12.15          0.00         0.00
 101‐770‐734                CLOTHING & UNIFORMS                   3,554.61         0.00     1,097.32        561.78         0.00
 101‐770‐735                PLAYGROUND & ATHLETIC SUPPLIES       17,557.06         0.00       (71.60)    16,035.81         0.00
 101‐770‐737                IRRIGATION SUPPLIES                  15,664.66         0.00     5,611.85      9,644.76         0.00
 101‐770‐741                TOOLS                                 6,754.12         0.00     5,863.16      3,662.96         0.00
 101‐770‐745                MOTOR FUEL & LUBRICANTS               1,200.36         0.00         0.00        770.70         0.00
 101‐770‐747                LICENSES                                993.50         0.00       351.81        564.00         0.00
 101‐770‐748                MEDICAL SUPPLIES                         43.80         0.00       (21.50)        43.80         0.00
 101‐770‐749                MISCELLANEOUS MATERIAL & SUPPLIES    45,768.93         0.00    29,600.06     22,535.66         0.00
 101‐770‐751                OXYGEN,ACETYLENE & OTHER GASES        1,202.09         0.00       155.52        129.63         0.00
 101‐770‐753                COMPUTER SUPPLIES                        79.56         0.00        69.29          0.00         0.00
 101‐770‐756                REPAIR SUPPLIES                      36,758.52         0.00     8,363.49     19,096.63         0.00
 101‐770‐758                BUILDING SUPPLIES                    12,584.11         0.00    11,152.31      2,468.23         0.00
 101‐770‐760                CUSTODIAL SUPPLIES                   26,892.63         0.00    17,313.32     10,174.96         0.00
 101‐770‐762                EQUIPMENT SUPPLIES                    2,944.94         0.00     7,553.56        185.00         0.00
 101‐770‐765                ROAD MAINTENANCE SUPPLIES               905.00         0.00     1,356.79          0.00         0.00
 101‐770‐767                SEEDING & PLANTING SUPPLIES           2,556.13         0.00    11,470.31      2,186.21         0.00
 SUPPLIES                                                       176,606.93   162,640.00   101,907.91     88,443.13   162,640.00

 OTHER EXPENSES




Packet Page 250
 101‐770‐778                 BUDGETED OTHER EXPENSES                    0.00          950.00           0.00           0.00          950.00
 101‐770‐861                 CONFERENCE, TRAINING AND TRAVEL          450.00            0.00           0.00         450.00            0.00
 OTHER EXPENSES                                                       450.00          950.00           0.00         450.00          950.00

 CONTRACTUAL SERVICES
 101‐770‐773                 LAUNDRY & UNIFORM CLEANING              1,603.01            0.00        573.85         760.20             0.00
 101‐770‐801                 CONTRACTUAL SERVICES                  585,660.59    1,230,684.00    282,723.07     287,036.12     1,230,684.00
 101‐770‐806                 REFUSE COLLECTION                           0.00            0.00        426.35           0.00             0.00
 101‐770‐809                 MEDICAL SERVICES                          405.50            0.00        208.26         310.50             0.00
 101‐770‐810                 ENGINEERING SERVICES                    1,873.29            0.00          0.00       1,167.29             0.00
 101‐770‐850                 TELEPHONE                               5,648.19            0.00      1,504.76       2,185.78             0.00
 101‐770‐920                 ELECTRICITY                            76,915.87            0.00     36,300.78     (11,015.60)            0.00
 101‐770‐921                 HEAT                                    6,147.59            0.00      1,193.54       1,465.94             0.00
 101‐770‐922                 WATER & SEWER                         247,069.50            0.00     77,856.32     215,025.04             0.00
 101‐770‐923                 STREET LIGHTING                             0.00            0.00      3,206.19           0.00             0.00
 101‐770‐940                 RENTAL OF BUILDINGS                   143,889.00            0.00     98,356.02      71,944.50             0.00
 101‐770‐944                 VEHICLE RENTAL                        249,623.04            0.00    159,530.23     124,811.52             0.00
 101‐770‐945                 OTHER EQUIPMENT RENTAL                 14,454.24            0.00      9,348.37       1,409.83             0.00
 101‐770‐958                 CREDIT CARD FEES ‐ ACTIVENET            4,515.25            0.00      1,664.61       1,929.52             0.00
 CONTRACTUAL SERVICES                                            1,337,805.07    1,230,684.00    672,892.35     697,030.64     1,230,684.00

 CAPITAL OUTLAYS
 101‐770‐971                 BUDGETED CAPITAL OUTLAYS               1,292.54       54,150.00      19,992.00       1,292.54       54,150.00
 101‐770‐973                 LAND IMPROVEMENTS                     55,755.00            0.00       9,400.00      55,755.00            0.00
 101‐770‐977                 EQUIPMENT PURCHASES                   27,281.17            0.00         645.87       2,494.51            0.00
 101‐770‐980                 COMPUTER HARDWARE & SOFTWARE           8,250.35            0.00         178.17       8,194.41            0.00
 101‐770‐983                 EQUIPMENT REPAIR                      13,193.78            0.00       7,651.72       3,962.33            0.00
 101‐770‐986                 BUILDING REPAIR                          187.46            0.00       1,045.41         143.17            0.00
 CAPITAL OUTLAYS                                                  105,960.30       54,150.00      38,913.17      71,841.96       54,150.00

 Total Dept 770 ‐ PARKS MAINTENANCE                              2,482,189.45    2,369,983.00   1,216,726.25   1,291,782.79    2,369,983.00

 Dept 771 ‐ FORESTRY
 SALARIES & BENEFITS
 101‐771‐722                 SOCIAL SECURITY                            (0.28)          0.00           0.00           (0.28)          0.00
 SALARIES & BENEFITS                                                    (0.28)          0.00           0.00           (0.28)          0.00

 SUPPLIES
 101‐771‐727                 BUDGETED SUPPLIES                          0.00        2,375.00           0.00           0.00        2,375.00
 101‐771‐741                 TOOLS                                     36.06            0.00           0.00          36.06            0.00
 101‐771‐749                 MISCELLANEOUS MATERIAL & SUPPLIES      1,256.68            0.00       3,254.27         468.58            0.00
 101‐771‐762                 EQUIPMENT SUPPLIES                     1,661.64            0.00         401.21         198.19            0.00
 101‐771‐767                 SEEDING & PLANTING SUPPLIES            1,472.35            0.00           0.00         121.20            0.00
 SUPPLIES                                                           4,426.73        2,375.00       3,655.48         824.03        2,375.00

 CONTRACTUAL SERVICES
 101‐771‐801                 CONTRACTUAL SERVICES                  77,075.00       71,250.00      10,000.00           0.00       20,000.00
 CONTRACTUAL SERVICES                                              77,075.00       71,250.00      10,000.00           0.00       20,000.00

 Total Dept 771 ‐ FORESTRY                                         81,501.45       73,625.00      13,655.48         823.75       22,375.00

 Dept 772 ‐ PAID BEACH PARKING
 SALARIES & BENEFITS




Packet Page 251
 101‐772‐702                  BUDGETED SALARIES & BENEFITS              0.00   265,000.00         0.00         0.00    265,000.00
 101‐772‐703                  SALARY PERMANENT                      1,191.45         0.00    75,488.82       924.25          0.00
 101‐772‐707                  OVERTIME                              1,917.47         0.00     1,825.61     1,407.19          0.00
 101‐772‐708                  VACATION PAY                              0.00         0.00     9,107.75         0.00          0.00
 101‐772‐709                  LONGEVITY PAY                             0.00         0.00       750.00         0.00          0.00
 101‐772‐710                  PERSONAL & OTHER LEAVE                   16.09         0.00     1,357.46        16.09          0.00
 101‐772‐711                  HOLIDAY PAY                              29.11         0.00     3,749.82        29.11          0.00
 101‐772‐712                  RETIREE HEALTHCARE ‐ GENERAL            164.90         0.00     4,450.66        88.35          0.00
 101‐772‐714                  MERS RETIREMENT SYSTEM                  341.51         0.00     2,089.88       274.21          0.00
 101‐772‐717                  HEALTH INSURANCE                      1,268.10         0.00    10,723.51     1,034.13          0.00
 101‐772‐718                  LIFE INSURANCE                            6.79         0.00        73.66         6.19          0.00
 101‐772‐719                  DENTAL INSURANCE                         78.93         0.00       706.17        65.32          0.00
 101‐772‐721                  DISABILITY INSURANCE                      6.95         0.00       118.44         5.93          0.00
 101‐772‐722                  SOCIAL SECURITY                         271.12         0.00     2,603.32       216.11          0.00
 101‐772‐723                  WORKERS' COMPENSATION                    58.12         0.00     2,420.78        37.01          0.00
 101‐772‐724                  UNEMPLOYMENT                              3.10         0.00         0.00         0.00          0.00
 SALARIES & BENEFITS                                                5,353.64   265,000.00   115,465.88     4,103.89    265,000.00

 SUPPLIES
 101‐772‐727                  BUDGETED SUPPLIES                        0.00       760.00          0.00        0.00        760.00
 101‐772‐734                  CLOTHING & UNIFORMS                      0.00         0.00      3,548.63        0.00          0.00
 101‐772‐749                  MISCELLANEOUS MATERIAL & SUPPLIES      255.90         0.00        226.65      255.90          0.00
 101‐772‐756                  REPAIR SUPPLIES                         69.96         0.00          0.00        0.00          0.00
 SUPPLIES                                                            325.86       760.00      3,775.28      255.90        760.00

 CONTRACTUAL SERVICES
 101‐772‐801                  CONTRACTUAL SERVICES                 59,515.60    42,560.00    46,489.97     5,639.89     42,560.00
 101‐772‐850                  TELEPHONE                                 0.00         0.00       (75.60)       (6.50)         0.00
 101‐772‐920                  ELECTRICITY                           2,666.50         0.00     1,145.69     1,283.61          0.00
 101‐772‐963                  BANK CHARGES                         32,660.11         0.00    19,921.56    21,864.33          0.00
 CONTRACTUAL SERVICES                                              94,842.21    42,560.00    67,481.62    28,781.33     42,560.00

 Total Dept 772 ‐ PAID BEACH PARKING                              100,521.71   308,320.00   186,722.78    33,141.12    308,320.00

 Dept 773 ‐ SOCIAL DISTRICT
 SALARIES & BENEFITS
 101‐773‐703                  SALARY PERMANENT                          0.00         0.00       757.74         0.00          0.00
 101‐773‐712                  RETIREE HEALTHCARE ‐ GENERAL              0.00         0.00        15.16         0.00          0.00
 101‐773‐714                  MERS RETIREMENT SYSTEM                    0.00         0.00        60.61         0.00          0.00
 101‐773‐717                  HEALTH INSURANCE                          0.00         0.00        91.03         0.00          0.00
 101‐773‐718                  LIFE INSURANCE                            0.00         0.00         1.71         0.00          0.00
 101‐773‐719                  DENTAL INSURANCE                          0.00         0.00        14.96         0.00          0.00
 101‐773‐721                  DISABILITY INSURANCE                      0.00         0.00         2.90         0.00          0.00
 101‐773‐722                  SOCIAL SECURITY                           0.00         0.00        55.49         0.00          0.00
 101‐773‐723                  WORKERS' COMPENSATION                     0.00         0.00        27.48         0.00          0.00
 SALARIES & BENEFITS                                                    0.00         0.00     1,027.08         0.00          0.00

 SUPPLIES
 101‐773‐728                  OFFICE SUPPLIES                        177.74     12,000.00         0.00    (6,099.26)    12,000.00
 SUPPLIES                                                            177.74     12,000.00         0.00    (6,099.26)    12,000.00

 CONTRACTUAL SERVICES
 101‐773‐801                  CONTRACTUAL SERVICES                 26,727.52    44,386.00    28,132.79    14,250.05     44,386.00




Packet Page 252
 CONTRACTUAL SERVICES                                          26,727.52      44,386.00     28,132.79    14,250.05      44,386.00

 CAPITAL OUTLAYS
 101‐773‐971                  BUDGETED CAPITAL OUTLAYS              0.00      14,250.00          0.00         0.00      14,250.00
 CAPITAL OUTLAYS                                                    0.00      14,250.00          0.00         0.00      14,250.00

 Total Dept 773 ‐ SOCIAL DISTRICT                              26,905.26      70,636.00     29,159.87     8,150.79      70,636.00

 Dept 775 ‐ GENERAL RECREATION
 CONTRACTUAL SERVICES
 101‐775‐801                CONTRACTUAL SERVICES                5,340.00           0.00          0.00     5,000.00           0.00
 101‐775‐810                PUBLIC RELATIONS                      141.75           0.00          0.00         0.00           0.00
 CONTRACTUAL SERVICES                                           5,481.75           0.00          0.00     5,000.00           0.00

 Total Dept 775 ‐ GENERAL RECREATION                            5,481.75           0.00          0.00     5,000.00           0.00

 Dept 805 ‐ L C WALKER ADMINISTRATION
 CONTRACTUAL SERVICES
 101‐805‐726                OTHER INSURANCE&BONDS               8,176.08           0.00          0.00        0.00            0.00
 101‐805‐801                CONTRACTUAL SERVICES                   19.53           0.00          0.00       10.96            0.00
 CONTRACTUAL SERVICES                                           8,195.61           0.00          0.00       10.96            0.00

 Total Dept 805 ‐ L C WALKER ADMINISTRATION                     8,195.61           0.00          0.00       10.96            0.00

 Dept 808 ‐ FARMERS & FLEA MARKET
 SALARIES & BENEFITS
 101‐808‐722                SOCIAL SECURITY                         0.00           0.00          0.00        (0.05)          0.00
 SALARIES & BENEFITS                                                0.00           0.00          0.00        (0.05)          0.00

 Total Dept 808 ‐ FARMERS & FLEA MARKET                             0.00           0.00          0.00        (0.05)          0.00

 Dept 810 ‐ FARMERS MARKETS EBT PROGRAM
 CONTRACTUAL SERVICES
 101‐810‐801               CONTRACTUAL SERVICES                    41.26           0.00          0.00         0.00           0.00
 CONTRACTUAL SERVICES                                              41.26           0.00          0.00         0.00           0.00

 Total Dept 810 ‐ FARMERS MARKETS EBT PROGRAM                      41.26           0.00          0.00         0.00           0.00

 Dept 901 ‐ ADA PROJECT 
 SALARIES & BENEFITS
 101‐901‐703‐091116           SALARY PERMANENT                    145.93           0.00          0.00      145.93            0.00
 101‐901‐712‐091116           RETIREE HEALTHCARE ‐ GENERAL          4.17           0.00          0.00        4.17            0.00
 101‐901‐714‐091116           MERS RETIREMENT SYSTEM               16.69           0.00          0.00       16.69            0.00
 101‐901‐717‐091116           HEALTH INSURANCE                     35.58           0.00          0.00       35.58            0.00
 101‐901‐718‐091116           LIFE INSURANCE                        0.47           0.00          0.00        0.47            0.00
 101‐901‐719‐091116           DENTAL INSURANCE                      4.22           0.00          0.00        4.22            0.00
 101‐901‐721‐091116           DISABILITY INSURANCE                  0.79           0.00          0.00        0.79            0.00
 101‐901‐722‐091116           SOCIAL SECURITY                      11.72           0.00          0.00       11.72            0.00
 101‐901‐723‐091116           WORKERS' COMPENSATION                14.77           0.00          0.00       14.77            0.00
 SALARIES & BENEFITS                                              234.34           0.00          0.00      234.34            0.00

 CONTRACTUAL SERVICES
 101‐901‐801                  CONTRACTUAL SERVICES           2,511,586.83   3,255,000.00   204,160.95   885,051.69    2,791,585.00




Packet Page 253
 CONTRACTUAL SERVICES                                           2,511,586.83     3,255,000.00     204,160.95       885,051.69      2,791,585.00

 CAPITAL OUTLAYS
 101‐901‐971                 BUDGETED CAPITAL OUTLAYS                   0.00      150,000.00             0.00             0.00      150,000.00
 101‐901‐977                 EQUIPMENT PURCHASES                1,373,689.63            0.00             0.00     1,373,689.63            0.00
 101‐901‐982‐092048          BUILDING PURCHASES&CONSTRUCTION      772,732.21            0.00             0.00       289,176.16            0.00
 101‐901‐982‐092112          BUILDING PURCHASES&CONSTRUCTION            0.00            0.00     2,957,451.31             0.00      578,415.00
 101‐901‐982‐092114          BUILDING PURCHASES&CONSTRUCTION        4,435.00      148,000.00        68,473.79             0.00      148,000.00
 101‐901‐986‐092019          BUILDING REPAIR                            0.00      100,000.00             0.00             0.00      100,000.00
 CAPITAL OUTLAYS                                                2,150,856.84      398,000.00     3,025,925.10     1,662,865.79      976,415.00

 Total Dept 901 ‐ CAPITAL OUTLAYS                               4,662,678.01     3,653,000.00    3,230,086.05     2,548,151.82     3,768,000.00

 Dept 906 ‐ DEBT SERVICE
 CONTRACTUAL SERVICES
 101‐906‐956                 PAYING AGENT FEES/CONTRIBUTIONS         750.00             0.00             0.00             0.00            0.00
 CONTRACTUAL SERVICES                                                750.00             0.00             0.00             0.00            0.00

 OTHER FINANCING USES
 101‐906‐992                 PRINCIPAL EXP (BONDS)                710,000.00             0.00     720,000.00       710,000.00              0.00
 101‐906‐994                 INTEREST EXPENSE (BONDS)             372,428.29             0.00     180,367.50       191,648.87              0.00
 101‐906‐995‐005900          BUDGETED OTHER FINANCING USES              0.00     1,069,246.00           0.00             0.00      1,069,246.00
 101‐906‐996                 BOND ISSUANCE COSTS                    1,000.00             0.00           0.00         1,000.00              0.00
 OTHER FINANCING USES                                           1,083,428.29     1,069,246.00     900,367.50       902,648.87      1,069,246.00

 Total Dept 906 ‐ DEBT SERVICE                                  1,084,178.29     1,069,246.00     900,367.50       902,648.87      1,069,246.00

 Dept 999 ‐ TRANSFERS TO OTHER FUNDS
 OTHER FINANCING USES
 101‐999‐995                OPERATING TRANSFER OUT              4,298,250.18     1,075,000.00     100,000.02       100,000.02      2,110,000.00
 OTHER FINANCING USES                                           4,298,250.18     1,075,000.00     100,000.02       100,000.02      2,110,000.00

 Total Dept 999 ‐ TRANSFERS TO OTHER FUNDS                      4,298,250.18     1,075,000.00     100,000.02       100,000.02      2,110,000.00

 TOTAL EXPENDITURES                                            41,750,659.54    38,218,591.00   20,601,917.90    18,464,853.24    38,983,407.00

 Fund 101 ‐ GENERAL:
 TOTAL REVENUES                                                41,314,191.88    38,221,838.00   13,275,426.85    11,451,042.71    43,189,485.12
 TOTAL EXPENDITURES                                            41,750,659.54    38,218,591.00   20,601,917.90    18,464,853.24    40,105,451.31
 NET OF REVENUES & EXPENDITURES                                  (436,467.66)        3,247.00   (7,326,491.05)   (7,013,810.53)    3,084,033.81




Packet Page 254
                                      BUDGET REPORT FOR CITY OF MUSKEGON
                                        ADDITIONAL DETAIL GENERAL FUND

                                                       Actual 2021‐             Original Budget                            Actual                                                   FY2022‐2023 2nd 
                                Agency                        2022                  FY2022‐23                         12/31/2022                        Amended                      Quarter Budget
       Muskegon Area Transit (MATS)                                141,468                   141,468                               35,637                                                            141,468
       Muskegon Area Transit (MATS) Micro Transit                    71,745                     71,117                             17,667                                                               71,117
       Muskegon Beautification Award                                                              24,000                                                                                                24,000
       Neighborhood Association Grants                             225,760                   150,000                                                                                                 150,000
       YMCA                                                          25,000                                ‐                                                                                                      ‐
       Boys & Girls Club                                             80,000                     80,000                                                                                                  80,000
       Muskegon Public Schools Youth Recreation                                                   20,000                                                                                                20,000
       Port City Football                                               5,000                        5,000                                                                                                5,000
       Muskegon Area First                                                                                   ‐                                                                                                    ‐
       Veterans Memorial Day Costs                                      4,627                        7,000                                    ‐                                                           7,000
       Downtown Muskegon Now                                                                                 ‐                                ‐                                                                   ‐
       West Michigan Lake Hawks                                                                      4,500                                    ‐                                                           4,500
       Lakeside Business District                                                                    2,500                                                                                                2,500
       Latinos Working for the Future                                                                        ‐                                ‐                                                                   ‐
       community Encompass 3rd Street Mural                                                                  ‐                                ‐                                                                   ‐
       Cogic Community Center                                                                                                                 ‐
       211 Service                                                      2,500                        2,500                                                                                                2,500
       Harmony Park ‐ Rotary
       Muskegon Museum of Art Expansion                                                                                                                                              
       Community Foundation DEI Taskforce                                                               25,000                                                                                          25,000
       Muskegon Beautification Award                                    4,500
       Public Art Hubert Massey Mural
       MLK Diversity Program                                            2,000                        2,200                    2,200                                                                       2,200
       Muskegon Area Loabor Management (MALMC)                                                                                         ‐
       Black Business Expo                                              2,400
       Steelhead Scuplture                                                                                                                                                                 ‐
       Support to Outside Agencies                                 565,000                   535,285                  55,504                               ‐                  535,285




                                                       Actual 2021‐             Original Budget                        Actual                                                       FY2022‐2023 2nd 
                              Fund                            2022                   FY2022‐23                     12/31/2022                           Amended                      Quarter Budget
       Major Street Fund                                                        ‐
                                                                                                             ‐
       Local Street Fund                                           100,000                      235,000                                                            285,000                           285,000
       Farmers Market Fund                                           40,000                       50,000                                                             50,000                             50,000
       Mercy Health Arena Fund                                     815,000                                   ‐                                                                  ‐                                 ‐
       LDFA Debt Service Fund ( Smartzone)                         200,000                      200,000                100,000                                     200,000                           200,000
       DDA Debt Service Fund                                                                                 ‐                             ‐                                    ‐                                 ‐
       Public Improvement Fund                                       50,000                     50,000                                                               50,000                             50,000
       Tree Replacement Fund                                            2,500
       State Grants Fund                                             90,750
       Arena                                                                                                                                                       350,000                  350,000
       Marina                                                                                                                                                                   ‐                  450,000
       Community Development Block Grant Fund
       Public Service Building                                     400,000                   500,000                                       500,000                  500,000
       Engineering Services Fund                                                               40,000                                        40,000                  225,000
       Budget Stabilization                                        100,000
       Convention Center Fund                                   2,500,000                                ‐                                                                        ‐
                                                                4,298,250                1,075,000                100,000               1,475,000               2,110,000




Packet Page 255
 02/14/2023                              REVENUE AND EXPENDITURE REPORT FOR CITY OF MUSKEGON                                     
                                                      PERIOD ENDING 12/31/2022                                                     
                                                   % Fiscal Year Completed: 50.41                                                
                                                          CITY OF MUSKEGON                                                      
                                                    MONTHLY BUDGET SUMMARY REPORT                                                

                                                                                                                 2022‐23
                                                                                   END BALANCE                  ORIGINAL        2022‐23              YTD BALANCE    YTD BALANCE          2022‐23
 GL NUMBER                     DESCRIPTION                                           06/30/2022                  BUDGET AMENDED BUDGET                 12/31/2022     12/31/2021 AMENDED BUDGET

 Fund 254 ‐ MERCY HEALTH ARENA

 Revenues
 Dept 000
 FEDERAL GRANTS
 254‐000‐502                   FEDERAL GRANTS                                         625,497.92                     0.00                    0.00           0.00     625,497.92             0.00
 FEDERAL GRANTS                                                                       625,497.92                     0.00                    0.00           0.00     625,497.92             0.00

 CHARGES FOR SERVICE
 254‐000‐613‐004691            EVENT REVENUE                                          560,849.91               20,000.00                550,000.00    127,844.43     231,926.82       420,000.00
 254‐000‐613‐004692            ARENA MAINTENANCE CHARGE                               860,780.09                    0.00                      0.00          0.00           0.00             0.00
 254‐000‐613‐004695            SHOP RENTAL                                                  0.00                2,000.00                  2,000.00          0.00           0.00         2,000.00
 254‐000‐613‐004696            CONCESSION NON ALCHOLIC                                 60,860.49                    0.00                 12,696.00     30,822.69       5,404.72        80,000.00
 254‐000‐613‐004699            FOOD HUB                                                     0.00               72,500.00                 72,500.00      8,021.76           0.00        25,000.00
 254‐000‐614‐004630            CARLISLES                                                4,412.15              185,000.00                185,000.00     47,169.09           0.00        90,000.00
 254‐000‐614‐004639            RAD DADS                                               271,468.02              250,000.00                250,000.00    127,486.62     131,373.89       250,000.00
 254‐000‐614‐004640            TICKET SURCHARGE                                        34,484.16              480,000.00                 20,000.00     13,545.46       7,656.25        35,000.00
 254‐000‐614‐004646            CONCESSIONS FOOD                                        88,202.44                    0.00                  1,203.00     28,946.80      16,214.52        90,000.00
 254‐000‐614‐004697            ALCOHOLIC BEVERAGE                                     209,759.92                    0.00                  6,767.00     52,418.24      24,461.05       200,000.00
 254‐000‐614‐004698            FLOOR RENTAL                                           250,700.24              250,000.00                260,000.00    113,643.00      23,638.24       260,000.00
 254‐000‐620‐004619            MISC. SALES AND SERVICES                                 6,190.07                3,000.00                  3,000.00      2,734.66       1,212.46         5,000.00
 254‐000‐626‐004666            PARKING LOT RENTAL ‐ WESTERN AVEN                       45,266.00               36,000.00                 36,000.00     11,935.50      17,900.00        30,000.00
 254‐000‐632                   ANNEX REVENUE                                           42,282.50              117,000.00                 42,000.00     28,670.00      31,695.00        42,000.00
 254‐000‐642‐004652            SALES & SERVICE                                            550.00                    0.00                      0.00      1,185.05         550.00             0.00
 254‐000‐667‐004667            PARKING LOT RENTAL ‐ SHORELINE                          16,967.50               15,000.00                 15,000.00        520.00       8,494.50         3,000.00
 254‐000‐667‐004677            RENT                                                    88,739.99              100,000.00                100,000.00    106,245.26      91,631.75       175,000.00
 254‐000‐671                   ADVERTISING REVENUE                                    139,687.94              225,000.00                140,000.00    102,000.00     106,000.00       140,000.00
 CHARGES FOR SERVICE                                                                2,681,201.42            1,755,500.00              1,696,166.00    803,188.56     698,159.20     1,847,000.00

 FINES & PENALTIES
 254‐000‐657‐004802            REIMB:SERVICES RENDERED                                  2,366.02                     0.00                    0.00      11,079.00           0.00        11,000.00
 254‐000‐665‐004970            INTEREST INCOME                                         79,781.75                     0.00                3,097.00       7,640.06         340.20         7,600.00
 FINES & PENALTIES                                                                     82,147.77                     0.00                3,097.00      18,719.06         340.20        18,600.00

 CONTRIBUTIONS & MISCELLANEOUS
 254‐000‐677‐004808    SALE OF PROPERTY AND EQUIPMENT                                         0.00             10,000.00                     0.00           0.00           0.00            0.00
 CONTRIBUTIONS & MISCELLANEOUS                                                                0.00             10,000.00                     0.00           0.00           0.00            0.00

 LICENSES & PERMITS
 254‐000‐684‐004800            MISC. & SUNDRY                                          14,904.31                 5,000.00               38,570.00      35,789.80         652.24        40,000.00



Packet Page 256
 LICENSES & PERMITS                                         14,904.31       5,000.00      38,570.00     35,789.80        652.24      40,000.00

 INTEREST & OPERATING TRANSFERS
 254‐000‐699‐100000     OP. TRANS FROM GENERAL FUND        865,000.00           0.00     350,000.00          0.00          0.00     350,000.00
 254‐000‐699‐400000     OP. TRANS FROM CAPITAL PROJECTS          0.00     450,000.00     450,000.00     28,767.74          0.00     450,000.00
 INTEREST & OPERATING TRANSFERS                            865,000.00     450,000.00     800,000.00     28,767.74          0.00     800,000.00

 Total Dept 000                                           4,268,751.42   2,220,500.00   2,537,833.00   886,465.16   1,324,649.56   2,705,600.00

 TOTAL REVENUES                                           4,268,751.42   2,220,500.00   2,537,833.00   886,465.16   1,324,649.56   2,705,600.00


 Expenditures
 Dept 806 ‐ MERCY HEALTH ARENA
 SALARIES & BENEFITS
 254‐806‐702            BUDGETED SALARIES & BENEFITS             0.00     418,301.00     418,301.00          0.00          0.00     418,301.00
 254‐806‐703            SALARY PERMANENT                   274,351.51           0.00           0.00    131,670.01    125,180.59           0.00
 254‐806‐707            OVERTIME                            14,229.88           0.00           0.00      4,304.78      9,640.46           0.00
 254‐806‐708            VACATION PAY                         5,989.90           0.00           0.00     13,595.93        852.48           0.00
 254‐806‐709            LONGEVITY PAY                            0.00           0.00           0.00         37.51          0.00           0.00
 254‐806‐710            PERSONAL & OTHER LEAVE                 974.09           0.00           0.00        978.64        653.73           0.00
 254‐806‐711            HOLIDAY PAY                          8,503.62           0.00           0.00      4,538.86      5,002.37           0.00
 254‐806‐712            RETIREE HEALTHCARE ‐ GENERAL        18,370.63           0.00           0.00      4,709.93     13,800.37           0.00
 254‐806‐714            MERS RETIREMENT SYSTEM              20,643.34           0.00           0.00     13,765.71      9,345.00           0.00
 254‐806‐717            HEALTH INSURANCE                    37,909.37           0.00           0.00     19,564.23     24,099.43           0.00
 254‐806‐718            LIFE INSURANCE                       1,125.40           0.00           0.00        648.24        584.27           0.00
 254‐806‐719            DENTAL INSURANCE                     4,972.28           0.00           0.00      2,818.27      2,669.25           0.00
 254‐806‐721            DISABILITY INSURANCE                   922.29           0.00           0.00        550.23        484.87           0.00
 254‐806‐722            SOCIAL SECURITY                     21,904.33           0.00           0.00     12,717.69     11,182.57           0.00
 254‐806‐723            WORKERS' COMPENSATION                8,337.70           0.00           0.00      4,726.45      4,106.37           0.00
 254‐806‐724            UNEMPLOYMENT                           486.25           0.00           0.00          0.00          4.80           0.00
 SALARIES & BENEFITS                                       418,720.59     418,301.00     418,301.00    214,626.48    207,606.56     418,301.00

 CONTRACTUAL SERVICES
 254‐806‐726            OTHER INSURANCE&BONDS                5,654.00           0.00           0.00          0.00      3,667.00            0.00
 254‐806‐774            ANNEX EXPENSES                      65,740.94           0.00           0.00     32,193.82     29,752.10            0.00
 254‐806‐775            OPERATIONAL EXPENSE                 15,084.53           0.00           0.00     21,218.41      8,186.45            0.00
 254‐806‐776            COPY MACHINE CHARGES                   212.16           0.00           0.00         88.40         88.40            0.00
 254‐806‐801            OUTSIDE CONTRACTS                  145,499.29     800,000.00     800,000.00    111,515.50     33,040.57    1,100,000.00
 254‐806‐804            COMPUTER SERVICES                   30,359.81           0.00           0.00      3,554.61     14,358.23            0.00
 254‐806‐806            REFUSE COLLECTION                   12,827.61           0.00           0.00     12,387.00      5,774.32            0.00
 254‐806‐807            PEST CONTROL                           903.00           0.00           0.00        570.00        570.00            0.00
 254‐806‐850            TELEPHONE                            7,619.16           0.00           0.00      2,367.03      4,389.98            0.00
 254‐806‐903            ADVERTISING                            139.18           0.00           0.00          0.00        139.18            0.00
 254‐806‐920            ELECTRICITY                        222,483.12           0.00           0.00     86,676.09     84,609.21            0.00
 254‐806‐921            HEAT                                76,283.40           0.00           0.00     37,068.81     31,868.74            0.00
 254‐806‐922            WATER & SEWER                       31,467.93           0.00           0.00     26,921.34     10,441.13            0.00
 254‐806‐924            CABLE/INTERNET SERVICES              8,497.55           0.00           0.00     13,184.99      1,609.96            0.00
 254‐806‐945            OTHER EQUIPMENT RENTAL               5,242.75           0.00           0.00        625.00      4,642.75            0.00
 254‐806‐958            CREDIT CARD FEES ‐ ACTIVENET           535.29           0.00           0.00          0.00          4.05            0.00



Packet Page 257
 254‐806‐962          SETTLEMENTS                            656,542.91          0.00           0.00    167,538.28   192,137.54           0.00
 254‐806‐963          REFUNDS/RESALES                         16,214.72          0.00           0.00      7,966.82     4,248.97           0.00
 CONTRACTUAL SERVICES                                      1,301,307.35    800,000.00     800,000.00    523,876.10   429,528.58   1,100,000.00

 SUPPLIES
 254‐806‐727            BUDGETED SUPPLIES                         0.00     230,000.00     230,000.00          0.00         0.00    380,000.00
 254‐806‐728            OFFICE SUPPLIES                         708.87           0.00           0.00        235.33        45.21          0.00
 254‐806‐736            CONCESSION DISPOSABLE                     0.00           0.00           0.00      8,730.53         0.00          0.00
 254‐806‐738            WINE                                  4,072.56           0.00           0.00      1,259.60     1,449.20          0.00
 254‐806‐740            LIQUOR                               10,533.88           0.00           0.00      9,111.91     5,411.22          0.00
 254‐806‐742            BEER                                 32,873.16           0.00           0.00     18,267.87     9,378.20          0.00
 254‐806‐743            FOOD & BEVERAGES                      8,509.11           0.00           0.00     27,551.24       998.64          0.00
 254‐806‐744            RAD DAD'S ALCOHOL                   237,979.61           0.00           0.00     89,790.64   114,167.20          0.00
 254‐806‐746            BEVERAGE                             15,270.66           0.00           0.00        436.63     5,904.83          0.00
 254‐806‐747            LICENSES                             38,050.00           0.00           0.00        397.36        40.00          0.00
 254‐806‐749            MISCELLANEOUS MATERIAL & SUPPLIE      5,610.66           0.00           0.00      1,500.00     4,545.70          0.00
 254‐806‐751            OXYGEN,ACETYLENE & OTHER GASES       16,664.14           0.00           0.00      7,760.51     6,610.88          0.00
 254‐806‐753            COMPUTER SUPPLIES                       106.34           0.00           0.00      3,545.13        85.91          0.00
 254‐806‐759            CONCESSION SUPPLIES                  19,107.19           0.00           0.00      3,719.13       370.47          0.00
 254‐806‐760            CUSTODIAL SUPPLIES                   16,010.62           0.00           0.00     12,889.85     6,062.74          0.00
 254‐806‐761            MAINTENANCE SUPPLIES                  6,776.27           0.00           0.00      3,377.99     3,649.81          0.00
 254‐806‐772            PROMOTIONAL SUPPLIES                  3,346.89           0.00           0.00      2,179.65        97.46          0.00
 SUPPLIES                                                   415,619.96     230,000.00     230,000.00    190,753.37   158,817.47    380,000.00

 OTHER EXPENSES
 254‐806‐778            BUDGETED OTHER EXPENSES              20,000.00      20,000.00      20,000.00     20,000.00         0.00     30,000.00
 254‐806‐783            YOUTH HOCKEY SUPPORT                 13,800.00           0.00           0.00          0.00     7,450.00          0.00
 254‐806‐861            CONFERENCE, TRAINING AND TRAVEL         770.08           0.00           0.00         27.00       691.60          0.00
 OTHER EXPENSES                                              34,570.08      20,000.00      20,000.00     20,027.00     8,141.60     30,000.00

 CAPITAL OUTLAYS
 254‐806‐971            BUDGETED CAPITAL OUTLAYS                  0.00      65,000.00      55,000.00          0.00         0.00     71,000.00
 254‐806‐977            EQUIPMENT PURCHASES                     501.71           0.00           0.00      7,587.68         0.00
 254‐806‐980            COMPUTER HARDWARE & SOFTWARE         10,284.18           0.00           0.00        536.02     4,240.00
 254‐806‐982            BUILDING PURCHASES&CONSTRUCTIO       20,836.23           0.00           0.00      8,775.09    18,423.77
 254‐806‐983            EQUIPMENT REPAIR                      3,982.75           0.00           0.00      1,086.40     1,963.53
 254‐806‐986            BUILDING REPAIR & MAINTENANCE        64,334.09           0.00           0.00     24,138.26    49,705.15
 CAPITAL OUTLAYS                                             99,938.96      65,000.00      55,000.00     42,123.45    74,332.45     71,000.00

 Total Dept 806 ‐ MERCY HEALTH ARENA                       2,270,156.94   1,533,301.00   1,523,301.00   991,406.40   878,426.66   1,999,301.00

 Dept 812 ‐ CARLISLE
 CONTRACTUAL SERVICES
 254‐812‐801          CONTRACTUAL SERVICES                        0.00           0.00           0.00          0.00    10,185.68          0.00
 CONTRACTUAL SERVICES                                             0.00           0.00           0.00          0.00    10,185.68          0.00

 SUPPLIES
 254‐812‐742            ALCOHOL CARLISLES                     4,412.70           0.00      22,360.00     34,647.06         0.00     55,000.00
 SUPPLIES                                                     4,412.70           0.00      22,360.00     34,647.06         0.00     55,000.00




Packet Page 258
 Total Dept 812 ‐ CARLISLE                                         4,412.70           0.00      22,360.00             34,647.06        10,185.68      55,000.00

 Dept 901 ‐ UTILITY ASSISTANCE
 CONTRACTUAL SERVICES
 254‐901‐801‐092113        CONTRACTUAL SERVICES                  472,538.08           0.00           0.00                75.00        251,810.96          75.00
 254‐901‐801‐092128        CONTRACTUAL SERVICES                  424,585.32           0.00       1,995.00             7,318.80              0.00       7,320.00
 254‐901‐801‐092201        CONTRACTUAL SERVICES                   78,767.74           0.00     450,000.00           297,771.26              0.00     450,000.00
 254‐901‐801‐092204        BUDGETED CONTRACTUAL SERVICES               0.00           0.00       8,824.00             8,823.81              0.00       8,824.00
 254‐901‐801‐092205        BUDGETED CONTRACTUAL SERVICES               0.00           0.00     140,000.00           137,340.25              0.00     137,341.00
 CONTRACTUAL SERVICES                                            975,891.14           0.00     600,819.00           451,329.12        251,810.96     603,560.00

 SUPPLIES
 254‐901‐749‐092113          MISCELLANEOUS MATERIAL & SUPPLIE     14,329.80           0.00           0.00                   0.00       14,329.80            0.00
 SUPPLIES                                                         14,329.80           0.00           0.00                   0.00       14,329.80            0.00

 CAPITAL OUTLAYS
 254‐901‐971                 BUDGETED CAPITAL OUTLAYS            438,181.90     590,000.00     380,833.00           380,833.10         10,000.00     380,883.10
 254‐901‐982‐092128          BUILDING PURCHASES&CONSTRUCTIO      558,738.50           0.00           0.00                 0.00         93,150.00           0.00
 CAPITAL OUTLAYS                                                 996,920.40     590,000.00     380,833.00           380,833.10        103,150.00     380,883.10

 Total Dept 901 ‐ CARLISLE BUILDOUT                             1,987,141.34    590,000.00     981,652.00           832,162.22        369,290.76     984,443.10

 TOTAL EXPENDITURES                                             4,261,710.98   2,123,301.00   2,527,313.00        1,858,215.68       1,257,903.10   3,038,744.10

 Fund 254 ‐ MERCY HEALTH ARENA:
 TOTAL REVENUES                                                 4,268,751.42   2,220,500.00   2,537,833.00          886,465.16       1,324,649.56   2,705,600.00
 TOTAL EXPENDITURES                                             4,261,710.98   2,123,301.00   2,527,313.00        1,858,215.68       1,257,903.10   3,038,744.10
 NET OF REVENUES & EXPENDITURES                                     7,040.44      97,199.00      10,520.00         (971,750.52)         66,746.46    (333,144.10)
 BEG. FUND BALANCE                                                 54,928.22      61,968.66      61,968.66           61,968.66          54,928.22      61,968.66
 END FUND BALANCE                                                  61,968.66     159,167.66      72,488.66         (909,781.86)        121,674.68    (271,175.44)




                                                                                                             reversal of Carlisle       $210,000




Packet Page 259
 02/14/2023                              REVENUE AND EXPENDITURE REPORT FOR CITY OF MUSKEGON                                        
                                                      PERIOD ENDING 12/31/2022                                                     
                                                   % Fiscal Year Completed: 50.41                                                   
                                                          CITY OF MUSKEGON                                                          
                                                    MONTHLY BUDGET SUMMARY REPORT                                                   

                                                                                                                   2022‐23
                                                                                     END BALANCE                  ORIGINAL        2022‐23           YTD BALANCE    YTD BALANCE          2022‐23
 GL NUMBER                      DESCRIPTION                                            06/30/2022                  BUDGET AMENDED BUDGET              12/31/2022     12/31/2021 AMENDED BUDGET

 Fund 643 ‐ ENGINEERING SERVICES

 Revenues
 Dept 000
 LICENSES & PERMITS
 643‐000‐498                    LICENSE AND PERMIT MISC.                                15,636.25                    0.00                3,400.00      7,200.00      11,248.25         3,400.00
 643‐000‐684‐004680             INTERDEPT.ENGINEERING FEES                             575,183.35              637,000.00              637,000.00    291,382.09     307,524.43       452,000.00
 LICENSES & PERMITS                                                                    590,819.60              637,000.00              640,400.00    298,582.09     318,772.68       455,400.00

 FINES & PENALTIES
 643‐000‐665‐004970             INTEREST INCOME                                             335.52                     0.00                  0.00         83.19        184.83              0.00
 FINES & PENALTIES                                                                          335.52                     0.00                  0.00         83.19        184.83              0.00

 CHARGES FOR SERVICE
 643‐000‐682                    ENGINEERING FEES                                         53,858.00               50,000.00              50,000.00     38,113.00      13,073.00        50,000.00
 CHARGES FOR SERVICE                                                                     53,858.00               50,000.00              50,000.00     38,113.00      13,073.00        50,000.00

 INTEREST & OPERATING TRANSFERS
 643‐000‐699‐100000     OPERATING TRANSFER FROM GENERAL                                        0.00              40,000.00              40,000.00          0.00           0.00       225,000.00
 INTEREST & OPERATING TRANSFERS                                                                0.00              40,000.00              40,000.00          0.00           0.00       225,000.00

 Total Dept 000                                                                        645,013.12              727,000.00              730,400.00    336,778.28     332,030.51       730,400.00

 Dept 447 ‐ ENGINEERING


Packet Page 260
 LICENSES & PERMITS
 643‐447‐684              MISC. & SUNDRY                    214.53          0.00         0.00        29.26         0.00         0.00
 LICENSES & PERMITS                                         214.53          0.00         0.00        29.26         0.00         0.00

 Total Dept 447 ‐ ENGINEERING                               214.53          0.00         0.00        29.26         0.00         0.00

 TOTAL REVENUES                                          645,227.65   727,000.00   730,400.00   336,807.54   332,030.51   730,400.00


 Expenditures
 Dept 203 ‐ PENSION ADMINISTRATION
 SALARIES & BENEFITS
 643‐203‐714             MERS RETIREMENT SYSTEM           55,861.20    65,038.00    65,038.00    25,479.41    27,930.60    65,038.00
 SALARIES & BENEFITS                                      55,861.20    65,038.00    65,038.00    25,479.41    27,930.60    65,038.00

 Total Dept 203 ‐ PENSION ADMINISTRATION                  55,861.20    65,038.00    65,038.00    25,479.41    27,930.60    65,038.00

 Dept 447 ‐ ENGINEERING
 SALARIES & BENEFITS
 643‐447‐702              BUDGETED SALARIES & BENEFITS         0.00   467,500.00   467,500.00         0.00         0.00   467,500.00
 643‐447‐703              SALARY PERMANENT               205,399.92         0.00         0.00   114,758.68    78,875.04         0.00
 643‐447‐705              TEMPORARY SALARY                 8,765.66         0.00         0.00         0.00     8,765.66         0.00
 643‐447‐707              OVERTIME                        15,358.85         0.00         0.00     9,130.82     9,954.92         0.00
 643‐447‐708              VACATION PAY                    25,978.09         0.00         0.00    14,861.25    11,481.90         0.00
 643‐447‐709              LONGEVITY PAY                    1,050.00         0.00         0.00       600.00       450.00         0.00
 643‐447‐710              PERSONAL & OTHER LEAVE           5,777.85         0.00         0.00     1,516.18     2,068.76         0.00
 643‐447‐711              HOLIDAY PAY                      6,918.97         0.00         0.00     3,903.59     3,750.68         0.00
 643‐447‐712              RETIREE HEALTHCARE ‐ GENERAL    22,368.63         0.00         0.00    12,785.37    11,352.05         0.00
 643‐447‐714              MERS RETIREMENT SYSTEM          20,396.16         0.00         0.00    13,425.67     9,877.13         0.00
 643‐447‐717              HEALTH INSURANCE                66,033.06         0.00         0.00    44,288.84    31,573.58         0.00
 643‐447‐718              LIFE INSURANCE                     737.87         0.00         0.00       497.12       364.05         0.00
 643‐447‐719              DENTAL INSURANCE                 3,486.76         0.00         0.00     2,241.98     1,674.08         0.00
 643‐447‐721              DISABILITY INSURANCE               869.92         0.00         0.00       560.07       414.39         0.00
 643‐447‐722              SOCIAL SECURITY                 18,006.31         0.00         0.00    11,325.28     9,048.20         0.00


Packet Page 261
 643‐447‐723            WORKERS' COMPENSATION                 2,239.20         0.00         0.00     2,329.10       878.06         0.00
 643‐447‐724            UNEMPLOYMENT                            275.82         0.00         0.00         0.00         0.00         0.00
 SALARIES & BENEFITS                                        403,663.07   467,500.00   467,500.00   232,223.95   180,528.50   467,500.00

 CONTRACTUAL SERVICES
 643‐447‐726            OTHER INSURANCE&BONDS                 3,229.82         0.00         0.00         0.00         0.00         0.00
 643‐447‐801            CONTRACTUAL SERVICES                  7,261.98   192,319.00   192,319.00     3,879.75     6,980.04   192,319.00
 643‐447‐850            TELEPHONE                             3,862.86         0.00         0.00     1,691.52     1,482.25         0.00
 643‐447‐940            RENTAL OF BUILDINGS                  49,862.04         0.00         0.00    35,248.98    24,931.02         0.00
 643‐447‐944            VEHICLE RENTAL                       19,970.04         0.00         0.00    14,392.98     9,985.02         0.00
 643‐447‐955            INDIRECT COST ALLOCATION             55,953.00         0.00         0.00    38,654.52    27,976.50         0.00
 643‐447‐963            REFUNDS/RESALES                          31.00         0.00         0.00         0.00         0.00         0.00
 CONTRACTUAL SERVICES                                       140,170.74   192,319.00   192,319.00    93,867.75    71,354.83   192,319.00

 SUPPLIES
 643‐447‐727            BUDGETED SUPPLIES                         0.00     5,350.00     5,350.00         0.00         0.00     5,350.00
 643‐447‐728            OFFICE SUPPLIES                          72.99         0.00         0.00       106.00        72.99         0.00
 643‐447‐730            PUBLICATIONS & MEMBERSHIPS                0.00         0.00         0.00        25.00         0.00         0.00
 643‐447‐734            CLOTHING & UNIFORMS                   1,076.12         0.00         0.00       454.02       387.35         0.00
 643‐447‐741            TOOLS                                   172.75         0.00         0.00     1,121.09        86.42         0.00
 643‐447‐747            LICENSES                                 80.00         0.00         0.00       780.00        80.00         0.00
 643‐447‐749            MISCELLANEOUS MATERIAL & SUPPLIES     3,202.98         0.00         0.00       394.39     1,643.29         0.00
 643‐447‐753            COMPUTER SUPPLIES                        79.99         0.00         0.00     1,054.21         0.00         0.00
 643‐447‐765            ROAD MAINTENANCE SUPPLIES                32.88         0.00         0.00         0.00        21.12         0.00
 643‐447‐900            PUBLICATIONS                              0.00         0.00         0.00       117.07         0.00         0.00
 SUPPLIES                                                     4,717.71     5,350.00     5,350.00     4,051.78     2,291.17     5,350.00

 OTHER EXPENSES
 643‐447‐778            INVENTORY YARDS                           0.00     5,000.00     5,000.00        0.00          0.00     5,000.00
 643‐447‐861            CONFERENCE, TRAINING AND TRAVEL       2,766.85         0.00         0.00      977.00      2,644.00         0.00
 OTHER EXPENSES                                               2,766.85     5,000.00     5,000.00      977.00      2,644.00     5,000.00

 OTHER FINANCING USES
 643‐447‐968            DEPRECIATION EXPENSE                  2,499.12         0.00         0.00      416.52      1,249.56         0.00


Packet Page 262
 OTHER FINANCING USES                                     2,499.12         0.00          0.00        416.52      1,249.56         0.00

 CAPITAL OUTLAYS
 643‐447‐971             BUDGETED CAPITAL OUTLAYS             0.00    25,000.00     25,000.00          0.00          0.00    25,000.00
 643‐447‐977             EQUIPMENT PURCHASES              7,400.73         0.00          0.00          0.00      7,400.73         0.00
 643‐447‐980             COMPUTER HARDWARE & SOFTWARE    14,021.32         0.00          0.00     19,742.70     13,721.28         0.00
 CAPITAL OUTLAYS                                         21,422.05    25,000.00     25,000.00     19,742.70     21,122.01    25,000.00

 Total Dept 447 ‐ ENGINEERING                           575,239.54   695,169.00    695,169.00    351,279.70    279,190.07   695,169.00

 TOTAL EXPENDITURES                                     631,100.74   760,207.00    760,207.00    376,759.11    307,120.67   760,207.00

 Fund 643 ‐ ENGINEERING SERVICES:
 TOTAL REVENUES                                         645,227.65   727,000.00    730,400.00    336,807.54    332,030.51   730,400.00
 TOTAL EXPENDITURES                                     631,100.74   760,207.00    760,207.00    376,759.11    307,120.67   760,207.00
 NET OF REVENUES & EXPENDITURES                          14,126.91   (33,207.00)   (29,807.00)   (39,951.57)    24,909.84   (29,807.00)
 BEG. FUND BALANCE                                       36,058.53    50,185.44     50,185.44     50,185.44     36,058.53    50,185.44
 END FUND BALANCE                                        50,185.44    16,978.44     20,378.44     10,233.87     60,968.37    20,378.44




Packet Page 263
 02/14/2023                              REVENUE AND EXPENDITURE REPORT FOR CITY OF MUSKEGON                                       
                                                      PERIOD ENDING 12/31/2022                                                     
                                                   % Fiscal Year Completed: 50.41                                                  
                                                          CITY OF MUSKEGON                                                        
                                                    MONTHLY BUDGET SUMMARY REPORT                                                  

                                                                                                                   2022‐23
                                                                                     END BALANCE                  ORIGINAL        2022‐23          YTD BALANCE   YTD BALANCE         2022‐23
 GL NUMBER                      DESCRIPTION                                            06/30/2022                  BUDGET AMENDED BUDGET            12/31/2022    12/31/2021 AMENDED BUDGET

 Fund 594 ‐ MARINA AND LAUNCH RAMP

 Revenues
 Dept 000
 CHARGES FOR SERVICE
 594‐000‐631                    ICE SALES                                                  587.00                    0.00                   0.00        247.00        443.00            0.00
 594‐000‐644‐004626             LARGE BASIN FEES                                       161,528.58              170,000.00             170,000.00    106,511.50     90,650.23      170,000.00
 594‐000‐644‐004627             SMALL BASIN FEES                                          (795.00)                   0.00                   0.00          0.00          0.00            0.00
 594‐000‐644‐004628             MOORING FEES                                            15,219.79               15,000.00              15,000.00      9,000.81      8,370.50       15,000.00
 594‐000‐644‐004629             TRANSIENT FEES                                           5,064.00                7,500.00               7,500.00      1,813.00      4,752.00        7,500.00
 594‐000‐653                    LAUNCH RAMP                                            101,801.50               75,000.00              75,000.00     45,447.00     43,416.00       75,000.00
 CHARGES FOR SERVICE                                                                   283,405.87              267,500.00             267,500.00    163,019.31    147,631.73      267,500.00

 FINES & PENALTIES
 594‐000‐656                    TRAFFIC FINES & FEES                                        976.80                2,500.00              2,500.00       140.00        871.80         2,500.00
 594‐000‐665‐004970             INTEREST INCOME                                               0.00                   50.00                 50.00        20.13          0.00            50.00
 FINES & PENALTIES                                                                          976.80                2,550.00              2,550.00       160.13        871.80         2,550.00

 LICENSES & PERMITS
 594‐000‐684‐004800             MISC. & SUNDRY                                            8,033.59                     0.00                 0.00       200.00        470.00             0.00
 LICENSES & PERMITS                                                                       8,033.59                     0.00                 0.00       200.00        470.00             0.00

 594‐000‐699‐100000             TRANSFER FROM GF                                               0.00                    0.00                 0.00          0.00          0.00      450,000.00


 Total Dept 000                                                                        292,416.26              270,050.00             270,050.00    163,379.44    148,973.53      720,050.00

 TOTAL REVENUES                                                                        292,416.26              270,050.00             270,050.00    163,379.44    148,973.53      720,050.00


 Expenditures
 Dept 597 ‐ MUNICIPAL MARINA
 SALARIES & BENEFITS
 594‐597‐702             BUDGETED SALARIES & BENEFITS                                          0.00              41,900.00             41,900.00          0.00          0.00       41,900.00



Packet Page 264
 594‐597‐703            SALARY PERMANENT                     14,209.54         0.00         0.00     8,192.96     8,029.04         0.00
 594‐597‐707            OVERTIME                              2,184.87         0.00         0.00     1,166.38     1,063.15         0.00
 594‐597‐708            VACATION PAY                            147.68         0.00         0.00         0.00         0.00         0.00
 594‐597‐709            LONGEVITY PAY                            37.50         0.00         0.00       187.50        37.50         0.00
 594‐597‐710            PERSONAL & OTHER LEAVE                   32.70         0.00         0.00         0.00         0.00         0.00
 594‐597‐711            HOLIDAY PAY                              18.68         0.00         0.00         0.00         0.00         0.00
 594‐597‐712            RETIREE HEALTHCARE ‐ GENERAL          5,601.62         0.00         0.00     2,636.82     2,769.03         0.00
 594‐597‐714            MERS RETIREMENT SYSTEM                  641.35         0.00         0.00       130.55       122.72         0.00
 594‐597‐717            HEALTH INSURANCE                      3,485.84         0.00         0.00       459.41     1,526.11         0.00
 594‐597‐718            LIFE INSURANCE                           91.70         0.00         0.00        40.02        39.32         0.00
 594‐597‐719            DENTAL INSURANCE                        340.49         0.00         0.00       123.38       146.39         0.00
 594‐597‐721            DISABILITY INSURANCE                     90.51         0.00         0.00        36.74        37.52         0.00
 594‐597‐722            SOCIAL SECURITY                       1,885.72         0.00         0.00       777.69       791.40         0.00
 594‐597‐723            WORKERS' COMPENSATION                 1,614.01         0.00         0.00       661.77       697.01         0.00
 594‐597‐724            UNEMPLOYMENT                             19.98         0.00         0.00         0.00         0.00         0.00
 SALARIES & BENEFITS                                         30,402.19    41,900.00    41,900.00    14,413.22    15,259.19    41,900.00

 CONTRACTUAL SERVICES
 594‐597‐726            OTHER INSURANCE&BONDS                11,917.51         0.00         0.00     3,243.77     4,478.48         0.00
 594‐597‐776            COPY MACHINE CHARGES                    200.86         0.00         0.00         9.46       132.59         0.00
 594‐597‐801            CONTRACTUAL SERVICES                170,421.11   262,212.00   262,212.00    81,853.67    73,087.75   289,500.00
 594‐597‐807            PEST CONTROL/AQUATIC NUISANCE           500.00         0.00         0.00         0.00         0.00         0.00
 594‐597‐850            TELEPHONE                             2,200.58         0.00         0.00       523.07       863.83         0.00
 594‐597‐920            ELECTRICITY                          66,087.61         0.00         0.00    31,544.62    36,750.06         0.00
 594‐597‐921            HEAT                                    674.35         0.00         0.00       499.80       364.83         0.00
 594‐597‐922            WATER & SEWER                        16,195.96         0.00         0.00     7,628.93     5,629.70         0.00
 594‐597‐940            RENTAL OF BUILDINGS                       0.00         0.00         0.00     1,363.02         0.00         0.00
 594‐597‐944            VEHICLE RENTAL                       16,641.96         0.00         0.00    11,416.48     8,320.98         0.00
 594‐597‐955            INDIRECT COST ALLOCATION             11,169.00         0.00         0.00     5,866.98     5,584.50         0.00
 594‐597‐956            CITY SERVICE FEE/CONTRIBUTIONS       13,499.64         0.00         0.00     6,749.82     6,749.82         0.00
 594‐597‐963            BANK CHARGES                          3,904.41         0.00         0.00     3,183.82     2,279.08         0.00
 CONTRACTUAL SERVICES                                       313,412.99   262,212.00   262,212.00   153,883.44   144,241.62   289,500.00

 SUPPLIES
 594‐597‐727            BUDGETED SUPPLIES                         0.00    18,000.00    18,000.00        0.00          0.00    18,000.00
 594‐597‐728            OFFICE SUPPLIES                         544.20         0.00         0.00        0.00         94.20         0.00
 594‐597‐730            PUBLICATIONS & MEMBERSHIPS              275.00         0.00         0.00        0.00          0.00         0.00
 594‐597‐731            POSTAGE                                   0.00         0.00         0.00       55.57          0.00         0.00
 594‐597‐737            IRRIGATION SUPPLIES                     479.18         0.00         0.00        0.00          6.06         0.00
 594‐597‐749            MISCELLANEOUS MATERIAL & SUPPLIES     1,508.20         0.00         0.00      866.31        114.02         0.00
 594‐597‐753            COMPUTER SUPPLIES                       858.29         0.00         0.00      386.67        289.24         0.00
 594‐597‐758            BUILDING SUPPLIES                        71.36         0.00         0.00        0.00          0.00         0.00
 594‐597‐760            CUSTODIAL SUPPLIES                    2,531.27         0.00         0.00      838.73      1,809.34         0.00
 594‐597‐762            EQUIPMENT SUPPLIES                      142.37         0.00         0.00      157.76         39.99         0.00



Packet Page 265
 SUPPLIES                                                      6,409.87     18,000.00    18,000.00     2,305.04     2,352.85    18,000.00

 OTHER EXPENSES
 594‐597‐778             BUDGETED OTHER EXPENSES                   0.00       500.00       500.00          0.00         0.00      500.00
 594‐597‐861             CONFERENCE, TRAINING AND TRAVEL       1,053.05         0.00         0.00          0.00         0.00        0.00
 OTHER EXPENSES                                                1,053.05       500.00       500.00          0.00         0.00      500.00

 OTHER FINANCING USES
 594‐597‐968             DEPRECIATION EXPENSE                107,417.58          0.00         0.00    18,811.47    53,708.79         0.00
 OTHER FINANCING USES                                        107,417.58          0.00         0.00    18,811.47    53,708.79         0.00

 CAPITAL OUTLAYS
 594‐597‐973             LAND IMPROVEMENTS                   (34,438.62)         0.00         0.00         0.00         0.00         0.00
 594‐597‐980             COMPUTER HARDWARE & SOFTWARE            209.04          0.00         0.00         0.00       114.00         0.00
 594‐597‐983             EQUIPMENT REPAIR                      3,598.79          0.00         0.00         0.00     1,298.79         0.00
 CAPITAL OUTLAYS                                             (30,630.79)         0.00         0.00         0.00     1,412.79         0.00

 Total Dept 597 ‐ MUNICIPAL MARINA                           428,064.89    322,612.00   322,612.00   189,413.17   216,975.24   349,900.00

 Dept 759 ‐ LAUNCH RAMPS
 SALARIES & BENEFITS
 594‐759‐702             BUDGETED SALARIES & BENEFITS              0.00     22,875.00    22,875.00        0.00          0.00    22,875.00
 594‐759‐703             SALARY PERMANENT                     11,533.17          0.00         0.00      494.60      6,768.56         0.00
 594‐759‐712             RETIREE HEALTHCARE ‐ GENERAL          2,106.08          0.00         0.00      112.15      1,072.01         0.00
 594‐759‐714             MERS RETIREMENT SYSTEM                  752.26          0.00         0.00       57.36        580.82         0.00
 594‐759‐717             HEALTH INSURANCE                      3,792.69          0.00         0.00      124.46      2,505.26         0.00
 594‐759‐718             LIFE INSURANCE                           26.55          0.00         0.00        1.60         16.31         0.00
 594‐759‐719             DENTAL INSURANCE                        220.12          0.00         0.00       11.22        144.74         0.00
 594‐759‐721             DISABILITY INSURANCE                     45.03          0.00         0.00        2.75         27.71         0.00
 594‐759‐722             SOCIAL SECURITY                         838.20          0.00         0.00       52.40        512.49         0.00
 594‐759‐723             WORKERS' COMPENSATION                   814.94          0.00         0.00       49.73        515.40         0.00
 594‐759‐724             UNEMPLOYMENT                              1.17          0.00         0.00        0.00          0.00         0.00
 SALARIES & BENEFITS                                          20,130.21     22,875.00    22,875.00      906.27     12,143.30    22,875.00

 CONTRACTUAL SERVICES
 594‐759‐801             CONTRACTUAL SERVICES                 10,690.24     10,500.00    10,500.00     8,262.00     4,749.47    10,500.00
 594‐759‐963             BANK CHARGES                            905.31          0.00         0.00         0.00       905.31         0.00
 CONTRACTUAL SERVICES                                         11,595.55     10,500.00    10,500.00     8,262.00     5,654.78    10,500.00

 SUPPLIES
 594‐759‐727             BUDGETED SUPPLIES                         0.00      3,700.00     3,700.00         0.00         0.00     3,700.00
 594‐759‐749             MISCELLANEOUS MATERIAL & SUPPLIES     2,290.68          0.00         0.00         0.00     1,582.19         0.00
 594‐759‐758             BUILDING SUPPLIES                     1,758.90          0.00         0.00         0.00       887.78         0.00
 SUPPLIES                                                      4,049.58      3,700.00     3,700.00         0.00     2,469.97     3,700.00



Packet Page 266
 CAPITAL OUTLAYS
 594‐759‐971              BUDGETED CAPITAL OUTLAYS             0.00     35,000.00      35,000.00           0.00           0.00     35,000.00
 594‐759‐983              EQUIPMENT REPAIR                    51.20          0.00           0.00           0.00           0.00          0.00
 CAPITAL OUTLAYS                                              51.20     35,000.00      35,000.00           0.00           0.00     35,000.00

 Total Dept 759 ‐ LAUNCH RAMPS                           35,826.54      72,075.00      72,075.00       9,168.27     20,268.05      72,075.00

 Dept 901 ‐ DOCKS & BUILDING UPGRADE MARINA
 CONTRACTUAL SERVICES
 594‐901‐801‐091809       CONTRACTUAL SERVICES          177,824.71            0.00           0.00          0.00     83,506.87           0.00
 CONTRACTUAL SERVICES                                   177,824.71            0.00           0.00          0.00     83,506.87           0.00

 CAPITAL OUTLAYS
 594‐901‐988              FIXED ASSETS CAPITALIZATION   (177,824.71)          0.00           0.00          0.00     (34,438.62)         0.00
 CAPITAL OUTLAYS                                        (177,824.71)          0.00           0.00          0.00     (34,438.62)         0.00

 Total Dept 901 ‐ FIXED ASSETS CAPITALIZATION                  0.00           0.00           0.00          0.00     49,068.25           0.00

 TOTAL EXPENDITURES                                     463,891.43     394,687.00     394,687.00     198,581.44    286,311.54     421,975.00

 Fund 594 ‐ MARINA AND LAUNCH RAMP:
 TOTAL REVENUES                                          292,416.26     270,050.00     270,050.00    163,379.44     148,973.53    720,050.00
 TOTAL EXPENDITURES                                      463,891.43     394,687.00     394,687.00    198,581.44     286,311.54    421,975.00
 NET OF REVENUES & EXPENDITURES                         (171,475.17)   (124,637.00)   (124,637.00)   (35,202.00)   (137,338.01)   298,075.00
 BEG. FUND BALANCE                                       757,577.60     586,102.43     586,102.43    586,102.43     757,577.60    586,102.43
 END FUND BALANCE                                        586,102.43     461,465.43     461,465.43    550,900.43     620,239.59    884,177.43




Packet Page 267
                           Agenda Item Review Form
                            Muskegon City Commission

    Commission Meeting Date: March 14, 2023                                Title: 2nd Amendment,
                                                                           Brownfield Development &
                                                                           Reimbursement Agreement,
                                                                           Adelaide Pointe QOZB, LLC

    Submitted By: Contessa Alexander                                       Department: Department of
                                                                           Development Services

    Brief Summary: Staff is seeking approval for the 2nd Amendment, Brownfield Development &
    Reimbursement Agreement, for Adelaide Pointe QOZB, LLC (Adelaide Pointe Project) and to consider
    the attached resolution.

    Detailed Summary & Background:
    Contingent upon the approval of the 2nd Amendment to the BPA for Adelaide Pointe, the 2nd
    Amendment to the Brownfield Development & Reimbursement Agreement for Adelaide Pointe
    QOZB, LLC has been prepared. This will cause a shift in the Brownfield Tax Increment Funds to
    allow the developer to receive 100% reimbursement for eligible activities. The City is no longer
    using bonds to pay for public infrastructure. The developer will undertake the public infrastructure
    expenses moving forward. The BRA will meet on the morning of March 14. It is under the
    assumption that the 2nd Amendment to the DRA will be approved during that meeting.
    The 1st Amendment to the DRA for APQ was approved by the BRA and CC on Jan. 10, 2023.

    Goal/Focus Area/Action Item Addressed:
    Focus Area: improved access to the waterfront, blight cleanup, progress toward completion of
    ongoing economic development projects
    Action Item 2022-2.6: Complete Adelaide Pointe public improvements

    Amount Requested: N/A                                 Amount Budgeted: N/A

    Fund(s) or Account(s): N/A                            Fund(s) or Account(s): N/A

    Recommended Motion: Motion to approve the resolution for the Brownfield Development and
    Reimbursement Agreement for Adelaide Pointe QOZB, LLC authorizing the Mayor and City Clerk
    to sign.

    Approvals: Get approval from division head at a minimum prior          Guest(s) Invited / Presenting
    to sending to the Clerk.
    Immediate Division Head          Information Technology                Yes
    Other Division Heads             Communication                         No
    Legal Review

    For City Clerk Use Only:
    Commission Action:
Packet Page 268
                            RESOLUTION APPROVING THE BROWNFIELD

                         DEVELOPMENT AND REIMBURSEMENT AGREEMENT

                        Adelaide Pointe QOZB, LLC (1148-1204 West Western)

                               Adelaide Pointe Project, 2nd Amendment

                                    County of Muskegon, Michigan

                                             2023-March 14



           Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of
    Muskegon, Michigan (the "City"), held in the City Commission Chambers on the 14th day of
    March 2023 at 5:30 p.m., prevailing Eastern Time.

    PRESENT:

    ABSENT:

           The following preamble and resolution were offered by ______________ and
    supported by ______________.

           WHEREAS, in accordance with the provisions of Act 381, Public Acts of Michigan, 1996,
    as amended ("Act 381"), the City of Muskegon Brownfield Redevelopment Authority (the
    "Authority") has prepared and approved a Development and Reimbursement Agreement; and

           WHEREAS, the Authority has forwarded the Development and Reimbursement
    Agreement (2nd Amendment) to the City Commission requesting its approval of the
    Development and Reimbursement Agreement (2nd Amendment); and

           NOW, THEREFORE, BE IT RESOLVED THAT:

           1. That the Brownfield Plan constitutes a public purpose under Act 381.
           2. That the Brownfield Plan meets all the requirements of Section 13(1) of Act 381.
           3. That the proposed method of financing the costs of the eligible activities, as identified
              in the Brownfield Plan and defined in Act 381, is feasible and the Authority has the
              authority to arrange the financing.
           4. That the costs of the eligible activities proposed in the Brownfield Plan are
              reasonable and necessary to carry out the purposes of Act 381.




Packet Page 269
           5. That the amount of captured taxable value estimated to result from the adoption of the
               Brownfield Plan is reasonable.
           6. That the Development and Reimbursement Agreement (2nd Amendment) is approved
               and is effective immediately.
           7. That all resolutions or parts of resolutions in conflict herewith shall be and the same are
               hereby rescinded.

           Be it Further Resolved that the Mayor and City Clerk are hereby authorized to execute all
    documents necessary or appropriate to implement the provisions of the Brownfield Plan.




           AYES:

           NAYS:

           ABSENT:

           RESOLUTION DECLARED APPROVED.




                                                       _____________________________________
                                                               Ann Marie Meisch, City Clerk



                                                         _____________________________________
                                                               Kenneth D. Johnson, Mayor




Packet Page 270
           I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the
    City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a regular
    meeting held on March 14, 2023 and that said meeting was conducted and public notice of said
    meeting was given pursuant to and in full compliance with the Open Meetings Act,being Act 267,
    Public Acts of Michigan, 1976, as amended, and that the minutes of said meetingwere kept and will
    be or have been made available as required by said Act.




                                                                 ______________________________

                                                                 Ann Marie Meisch, City Clerk




Packet Page 271
                  SECOND AMENDMENT TO DEVELOPMENT AND
                        REIMBURSEMENT AGREEMENT
                                               ADELAIDE POINTE

             This FIRST AMENDMENT TO DEVELOLPMENT AND REIMBURSEMENT AGREEMENT
     (“Agreement”) is made __________, 2022 (“Effective Date”) between the City of Muskegon
     Brownfield Redevelopment Authority (“Authority”), a Michigan public body corporate, with an
     address of 933 Terrace Street, Muskegon, MI 49440 (“Authority”), City of Muskegon, a Michigan
     Municipal Corporation (“City”), with an address of 933 Terrace St., Muskegon, MI 49440, and Adelaide
     Pointe Qozb, LLC (“APQ”), with an address of 1204 W. Western Avenue, Muskegon, MI 49441.
     Authority, City and APQ are at times referred to as a “Party” or together as “Parties”.

                                                   Background
             APQ owns approximately 30 acres of waterfront brownfield property which is located at the west
     end of West Western Avenue within the City of Muskegon.

              The City owns certain property adjacent to, and to the east of, the APQ Property commonly known
     as Hartshorn Marina which the City has previously used for public small boat slip rentals and related
     activities. The APQ Property and the City Property may be collectively referred to as the “Property”.

             APQ and the City have entered into a “Cooperative Use and Development Agreement” which
     substantiates APQ’s and the City’s desire to a) utilize each other’s specified property for beneficial use b)
     cooperate in the pursuit of funding for improvements to each other’s Property c) assist one another with
     applications and approvals for improvements and d) make improvements as specified in the APQ PUD
     approved by the City Commission on September 13, 2022.

             APQ intends to develop the Property for mixed uses including boat storage, boat dockage, in-out
     boat service, marinas, residential condominiums, commercial uses, and open space and recreational areas
     (“Development”). The specific improvements to be included in the Development will be defined in the
     Cooperative Use Agreement, addendums to this Agreement and the Planned Unit Development Agreement
     (“PUD”) to be submitted to the City (“Development Agreements”).

            Authority, City and APQ entered into a Development and Reimbursement Agreement effective
     ____, 202___, which was approved by the Authority on November 9, 2021 and by the City on November
     23, 2021. Pursuant to that Agreement, APQ and City were to perform “eligible activities” and be
     reimbursed, as defined and provided for in that Agreement.

     The Parties agree as follows and that to the extent this Agreement and the
     Development and Reimbursement Agreement vary, this Agreement shall control:
             1.      Background. The Parties agree the Background paragraphs are true and correct and are
                     incorporated into the body of this Agreement.

             2.      Improvements. APQ will develop both the APQ Property and the City Property as a
                     mixed-use development including boat storage, boat dockage, in-out boat service, marinas,
                     residential condominiums, commercial uses, and open space and recreational areas.



                                                          1

Packet Page 272
           3.     Indemnity and Insurance. APQ holds the City harmless and will indemnify the City for
                  any liability, including attorney fees, resulting from the engineering, design and
                  construction of the Project. City and APQ will name the other on their respective general
                  liability insurance policies.

           4.     Changes, Standards and Dedication. All improvements must be made according to the
                  plans and specifications of the APQ PUD approved by the City. All construction of Public
                  Improvements must be completed to the standards established by the City of Muskegon
                  (“City Standard”). The City will accept a dedication of all or any portion of the Public
                  Improvements only if built to City Standards.

           5.     Addendum Presentation. APQ shall, from time to time, present addendums to the City
                  that detail discrete development projects that improve the Property according to the PUD.
                  To the extent the addendums addresses “eligible expenses” and expenses to be reimbursed
                  by the Authority, the addendums shall also be provided to the Authority for purposes of
                  Amending the Development and Reimbursement Agreement and the Brownfield Plan.
                  These addendum shall detail Authority, City and APQ obligations to one another and shall
                  include but not be limited to:
                  a. Architectural and/or Engineering drawings
                  b. Construction schedules
                  c. Construction budgets
                  d. Itemization of relevant Brownfield Reimbursements that will be paid to APQ by City
                  e. Proof of financing

           6.     Addendum Approvals. Upon receiving necessary Authority and City approvals of each
                  Addendum all parties shall be obligated to perform under the obligations detailed in the
                  addendum. Approvals by Authority and City shall not be unreasonably withheld if they
                  are compliant with improvements approved in APQ’s PUD.

           7.     Funding for Brownfield Reimbursements.


                  a. Brownfield Tax Increment Financing. APQ has submitted to the Authority an
                     amendment to the current brownfield plan. Pursuant to the Brownfield Redevelopment
                     Financing Act, Act 381 of the Public Acts of Michigan of 1996 as amended (“Act
                     381”) the Authority adopted the brownfield plan amendment on October 12, 2021 (the
                     “Brownfield Plan Amendment”) to add the APQ Property.

                          i. The Property is included in the Brownfield Plan Amendment as an “eligible
                             property” because it is a “facility” as defined by Part 201 of the Natural
                             Resources and Environmental Protection Act (“Part 201”).

                          ii. Neither the City nor APQ is a liable party, under Part 201, for remediation of
                              any existing contamination on the Property.

                         iii. APQ has and will continue to conduct Eligible Activities (as defined in Act
                              381) on the Property to address environmental and other brownfield
                              conditions, in addition to the construction of roads, water mains and sewer
                              mains, in a collaborative effort to position the Property for redevelopment.
                              Actual expenditures by the Parties to undertake eligible environmental
                              activities on the Property are estimated to be $35 million dollars not including

                                                      2

Packet Page 273
                        interest. Eligible demolition and site preparation costs incurred by these same
                        parties is estimated to exceed $13 million dollars. These efforts are aimed at
                        facilitating the redevelopment of the Property as a transformational mixed-use
                        project, including residential and various commercial uses (the “Project”).

                   iv. The Project will include demolition activities, performance of baseline
                       environmental assessment activities, due care and other environmental
                       response activities, site preparation activities, demolition activities,
                       construction of infrastructure improvements, Brownfield Plan Amendment
                       and work plan preparation, contingency, interest and other Eligible Activities,
                       all as described in the Brownfield Plan Amendment and eligible for
                       reimbursement under Act 381.

                    v. The cost of Eligible Activities may be incurred by the City and APQ, The total
                       cost of the Eligible Activities in the Brownfield Plan Amendment, including
                       contingencies, is estimated to be $35 million dollars (the “Total Eligible
                       Brownfield TIF Costs”). To accommodate the lapse in time from when costs
                       of Eligible Activities are incurred to when tax increment revenues become
                       available for reimbursement of those costs, interest at the rate of 5% per annum
                       is also included in the Brownfield Plan Amendment in the estimated total
                       amount of $28 million dollars (collectively, the interest plus the costs of
                       Eligible Activities are referred to as the “Total Eligible Brownfield TIF
                       Costs”).

                   vi. The Eligible Activities will facilitate redevelopment of the Property which will
                       improve the environmental and aesthetic condition of the Property, increase
                       employment within the City, increase tax base within the City, and otherwise
                       enhance the economic vitality, environmental health and quality of life in the
                       City.

                  vii. Act 381 permits the Authority to capture and use the school tax (where
                       applicable), if permitted by the state, and local property tax revenues (both real
                       and personal property) generated from the incremental increase in property
                       value of a redeveloped brownfield site constituting an “eligible property”
                       under Act 381 to pay or to reimburse the cost of Eligible Activities conducted
                       on the “eligible property” (the “Brownfield TIF Revenue”).

                  viii. In accordance with Act 381, the parties desire to establish a procedure for using
                        the available Brownfield TIF Revenue generated from the Property to
                        reimburse APQ for completion of Eligible Activities on the Property in
                        amounts not to exceed the Total Eligible Brownfield TIF Costs.

                   ix. During the Term (defined below) of this Agreement, the Authority shall
                       reimburse APQ for the cost of Eligible Activities conducted on the Property
                       from the Brownfield TIF Revenue collected from the Property in accordance
                       with the Brownfield Plan Amendment, unless modified by later addendums or
                       amendments. The amount reimbursed to the APQ for the Eligible Activities
                       shall not exceed the lesser of (a) the cost of Eligible Activities incurred by the
                       Property Owner plus interest, or (b) the Total Eligible Brownfield TIF Costs
                       plus interest. The Authority shall capture Brownfield TIF Revenue from the
                       Property and reimburse APQ for the cost of Eligible Activities incurred until

                                                 3

Packet Page 274
                       the earlier of being fully reimbursed or December 31, 2056 (“Term”). If the
                       Term ends before the full reimbursement of all Total Eligible Brownfield TIF
                       Costs, the last reimbursement payment by the Authority shall be the summer
                       and winter tax increment collected during the final year of this Agreement.

                   x. Reimbursement payments shall be made on a semi-annual basis as incremental
                      local and school taxes are captured and available.

                   xi. During the term of this Agreement, the Authority shall capture all approved
                       and authorized Brownfield TIF Revenue from the Property and use those
                       revenues as provided in this Agreement.

                  xii. Intentionally left blank.

                  xiii. Reimbursement Process.

                           1. APQ shall periodically submit to the Authority a “Request for Cost
                              Reimbursement” of Eligible Activities paid for by APQ during the
                              term of this Agreement. All costs for the Eligible Activities must be
                              consistent with the approved Brownfield Plan Amendment. APQ must
                              include documentation sufficient for the Authority to determine
                              whether the costs incurred were for Eligible Activities, including
                              detailed construction draws or invoices and proof of payment or lien
                              waivers. Copies of all invoices for Eligible Activities must note what
                              Eligible Activities they support.

                           2. Within forty-five (45) days after a Request for Cost Reimbursement
                              has been reviewed and approved by the City’s or Authority’s agent or
                              employee as required in Section 7.a and reviewed and approved by the
                              Authority or designate as to whether it is an “eligible expense”, the
                              Authority shall pay to APQ the amounts for which submissions have
                              been made pursuant to this Agreement. The Authority’s obligation to
                              pay APQ is limited to available Brownfield TIF Revenue from the
                              Property.



                           3. All requests for Cost reimbursement submitted by APQ for each
                              approved Addendum between City, APQ, and the City of Muskegon
                              Brownfield Redevelopment Authority and all requests for cost
                              reimbursement submitted by future owners of all or a portion of the
                              APQ Property pursuant to a separate Development and
                              Reimbursement Agreement(s), shall be reimbursed in the order in
                              which they are received by the City of Muskegon Brownfield
                              Redevelopment Authority from the portion of the Brownfield TIF
                              revenue, as described above.

                           4. The Parties shall cooperate with the Authority’s review by providing
                              information and documentation to supplement the Request for Cost
                              Reimbursement which may be reasonably requested by the Authority
                              during its review period.

                                                   4

Packet Page 275
                           5. All or any portion of any Request for Cost Reimbursement that is not
                              paid within 45 days after receipt by the Authority shall accrue simple
                              interest at the rate of five percent (5%) per annum from the date the
                              Request for Cost Reimbursement is submitted to the Authority for
                              payment until the earlier of the date of full reimbursement, including
                              interest. The payment of interest shall be subject to the following
                              limitations (i) to the extent there is not sufficient Brownfield TIF
                              Revenue captured and collected in a fiscal year and permitted to be
                              used to pay interest accruing in such fiscal year, any unpaid interest
                              shall not be paid, but shall carry over to the next fiscal year, (ii) interest
                              carried over to subsequent fiscal years shall not accrue interest (i.e.,
                              no interest on interest), and (iii) interest on School Taxes captured
                              shall only be payable to the extent permitted by the Michigan Strategic
                              Fund (“MSF”) and/or the Michigan Department of Environment,
                              Great Lakes and Energy (“MEGLE”).

                           6. The Authority shall have no obligation to reimburse the City or any
                              other entity for Eligible Costs or interest from Brownfield TIF
                              Revenue captured after 35 years after the date of the adoption of the
                              Development and Reimbursement Agreement.

                  xiv. Allocation of Base Value and Priority of Reimbursements.

                           1. The initial taxable value of the Property as of the date of this
                              Agreement is $903,810, as set forth in the Brownfield Plan
                              Amendment (“Base Value”). If the Property is divided into two or
                              more separate taxable parcels in connection with the development of
                              the Project, the Base Value shall be allocated to each resulting parcel
                              based upon the relative number of square feet of each parcel. The Base
                              Value allocated to a separate undeveloped parcel in this manner shall
                              be the base value of that parcel for purposes of calculating Brownfield
                              TIF Revenue, regardless of when any Development and
                              Reimbursement Agreement is entered into in connection with the
                              redevelopment of that parcel. Brownfield TIF Revenue generated
                              from any separate parcel divided from the Property after the date of
                              this Agreement shall be available for reimbursement of the
                              Authority’s Administrative Fee and payment of all requests for cost
                              reimbursement submitted by owners of all or any portion of the
                              Property.

                           2. Notwithstanding any provision in this Agreement to the contrary, the
                              Authority’s annual TIF Management Administrative Fee, as described
                              in the Brownfield Plan Amendment, shall be paid to the Authority
                              each year to the extent that Brownfield TIF Revenue has been captured
                              and collected during that year, prior to the payment of any Request for
                              Cost Reimbursement.

                  xv. Adjustments.


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                                   1. Until the cost of eligible activities is fully reimbursed, APQ agrees to
                                      waive any appeal of any tax assessment or reassessment of any portion
                                      of the Property; provided, however, that this waiver shall not be
                                      binding on any person or entity who acquires title to all or any portion
                                      of the Property after the date of this Agreement.

                                   2. If, due to an appeal of any tax assessment or reassessment of any
                                      portion of the Property, or for any other reason the Authority is
                                      required to reimburse any Brownfield TIF Revenue previously paid to
                                      APQ or any future owner to any tax levying unit of government, the
                                      Authority may deduct the amount of any such reimbursement,
                                      including interest and penalties, from any amounts due and owing
                                      APQ. If all amounts due APQ under this Agreement have been fully
                                      paid or the Authority is no longer obligated to make any further
                                      payments to APQ, the Authority shall invoice APQ for the amount of
                                      such reimbursement and APQ shall pay the Authority such invoiced
                                      amount within 45 days of receipt of the invoice. Amounts invoiced
                                      and paid to the Authority by APQ pursuant to this Section shall be
                                      reinstated as Eligible Activities for which APQ shall have the
                                      opportunity to be reimbursed in accordance with the terms, conditions
                                      and limitations of this Agreement.

                        xvi. Legislative Authorization.

                               This Agreement is governed by and subject to the restrictions set forth in Act
                               381. If there is legislation enacted in the future that alters or affects the amount
                               of Brownfield TIF Revenue subject to capture, eligible property, or Eligible
                               Activities, then the Property Owner’s rights and the Authority’s obligations
                               under this Agreement shall be modified accordingly as required by law, or by
                               agreement of the parties.

           8.     Notices. All notices, approvals, consents and other communications required under this
                  Agreement shall be in writing and shall be deemed given: (i) when delivered in person; (ii)
                  when sent by fax or email: (iii) when sent by a nationally-recognized receipted overnight
                  delivery service with delivery fees prepaid; or (iv) when sent by united states first-class,
                  registered, or certified mail, postage prepaid. The notice shall be effective immediately
                  upon personal delivery or upon transmission of the fax or email; one day after depositing
                  with a nationally recognized overnight delivery service; and five days after sending by first
                  class, registered, or certified mail. Notices shall be sent to the parties as follows:


                  To: City of Muskegon                                         To: APQ
                  933 Terrace Street                                           1204 W. Western Ave.
                  Muskegon, MI 49440                                           Muskegon, MI 49440
                  Attn: City Manager                                           Attn: Ryan Leestma

                  w/copy to:                                                   w/copy to:

                  Parmenter Law                                                Jaffe, Raitt Heuer & Weiss, P.C.
                  601 Terrace Street                                           27777 Franklin Rd. Suite 2500

                                                        6

Packet Page 277
                  Muskegon, Michigan 49440                                   Southfield, Michigan 48034
                  Attn: City Attorney                                        Attn: Kenneth J. Clarkson

           9.     Recording. This Agreement shall not be recorded; however, upon the request of either
                  party hereto, the other party shall join in the execution of a memorandum or "short form"
                  of this Agreement for the purposes of recordation.

           10.    Force Majeure. Notwithstanding anything herein to the contrary, if due to a Force
                  Majeure Event (defined below), APQ, Authority and/or City is prevented from timely
                  performing under this Agreement or any third‐party providing services or required
                  information in connection with this Agreement (e.g.: lender, appraiser, title company,
                  surveyor, environmental consultants, governmental jurisdictions, etc.) closes its offices,
                  suspends operations or otherwise prevents APQ and/or the City from timely performing
                  under the Agreement as originally contemplated, then the applicable outstanding dates,
                  deadlines or time periods herein, shall each be extended for the duration of the Force
                  Majeure Event and shall resume on such date that APQ and the City, as applicable, are
                  once again able to perform their obligations under this Agreement. To invoke the tolling
                  of time periods as set forth herein for a Force Majeure Event, the applicable party must
                  send written notice to the other party specifying the reason for invocation and the date on
                  which the tolling of time begins and a subsequent notice shall be delivered to confirm the
                  date the Force Majeure Event ended. The term "Force Majeure Event" as used herein shall
                  mean the following: Act of God; strike, lockout, or other labor or industrial disturbance;
                  war; blockade; public riot; fire; storm; flood; explosion; or other delay caused by
                  unforeseeable circumstances beyond the reasonable control of APQ or the City as
                  applicable, including widespread sickness (including sickness causing quarantine and other
                  "stay at home" or "shelter in place" orders, and including, but not limited to, the
                  Coronavirus                                   Disease                                2019.

           11.    Severability. If any term, provision or condition contained in this Agreement shall, to any
                  extent, be invalid or unenforceable, the remainder of this Agreement (or the application of
                  such term, provision or condition to persons or circumstances other than those in respect
                  of which it is invalid or unenforceable) shall not be affected thereby, and each term,
                  provision or condition of this Agreement shall be valid and enforceable to the fullest extent
                  permitted by law.

           12.    Miscellaneous. This Agreement may be amended or modified only by the written
                  agreement of APQ, Authority, and City. Each exhibit attached to this Agreement is
                  incorporated and made a part of this Agreement as though more fully set forth in this
                  Agreement. If the deadline for performing any act would otherwise fall on a weekend day
                  or a holiday, such deadline shall automatically be extended to the next succeeding business
                  day. This Agreement shall be interpreted under and governed by the laws of the State of
                  Michigan. All representations and warranties made in this Agreement by APQ, Authority,
                  and City shall survive the termination of this Agreement for a period of one year.

           13.    Counterparts; Electronic Signatures. This Agreement may be executed in any number
                  of counterparts, each of which shall be deemed to be an original, but all of which together
                  shall be deemed to be one and the same instrument. Electronically imaged signatures may
                  be used in place of original signatures on this Agreement. APQ, Authority and City intend
                  to be bound by the signatures on the electronically imaged document, are aware that the

                                                       7

Packet Page 278
                  other party will rely on such signatures, and hereby waive any defenses to the enforcement
                  of the terms of this Agreement based on the form of signature.

           14.    Binding Effect. This Agreement shall be binding upon and enforceable by the parties and
                  their respective legal representatives, successors, and assigns.

           15.    Assignment or Delegation. No party shall assign or delegate all or any portion of its rights
                  or obligations contained in this Agreement without the express or prior written approval of
                  the other parties, in which approval may be withheld in each other party’s sole discretion.

           16.    Estoppel. If requested by APQ, City will provide an estoppel certificate to such party as
                  requested by APQ which certificate shall provide, if true, that the Development
                  Agreement and the exhibits represent the entire agreement between APQ and City and
                  that no defaults exist under the Development Agreement and no events have occurred
                  that would, with notice or the expiration of a period of time, constitute a default.


                                          [Signature Page Follows]




                                                      8

Packet Page 279
     AUTHORITY:


     CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY,
     a Michigan public body


     BY________________________

     Name:
     Title: Chair
     Date: ____________________, 2023


     BY:     ________________________

     Name:
     Title: Secretary
     Date: ____________________, 2023



     CITY:


     CITY OF MUSKEGON,
     a municipal corporation


     BY________________________

     Name: Kenneth D. Johnson
     Title: Mayor
     Date: ____________________, 2023


     BY:     ________________________

     Name: Ann Meisch
     Title: Clerk
     Date: ____________________, 2023

     APQ:

     ADELAIDE POINTE QOZB, LLC,
     A Michigan limited liability company


     By
     Name: Ryan M. Leestma
     Title: Owner
                 3-2-23
     Date: ____________________, 2023

                                            9

Packet Page 280
                          Agenda Item Review Form
                           Muskegon City Commission

    Commission Meeting Date: 3/14/23                           Title: 1095 Third Street Proposal Reviews

    Submitted By: Jake Eckholm                                 Department: Economic Development

    Brief Summary:
    Two Low Income Housing Tax Credit firms and one market rate developer have all approached us
    on the Catholic Charities parcel, and we have solicited proposals on their concepts for staff and
    commission review

    Detailed Summary & Background:
    We have received consistent interest in this site over the past 8-10 months, but it has been under
    contract with another developer. Now that firm has bowed out due to market conditions, and we
    have proposals from other entities that wish to complete infill housing and/or mixed-use projects at
    the site. The building currently sits empty, and we have our facilities team routinely checking it for
    utility issues and any potential dumping/blight/vandalism problems. Thus far we have been quite
    lucky and there are minimal issues. We did just have a boiler component fail, so we cut off the gas
    and turned off the water to the building to avoid any damage.


    The building should not sit vacant under our ownership for another year as it will continue to
    deteriorate, and it presents a powerful opportunity to address the housing shortage we are
    experiencing in the community. To that end, staff has requested the various firms that have
    inquired about the building to show us what they are proposing, and would like commission
    feedback in selecting a preferred firm. As this was not a formal RFP, rather than make a specific
    recommendation staff will review each proposal and highlight pros and cons from each. We hope
    to move forward with direction on a preferred private sector partner from the commission’s
    perspective as they all offer different scopes, and will return to you with a proposed development
    agreement in an upcoming meeting.



    Goal/Focus Area/Action Item Addressed:
    Goal 1 (Image) Housing Focus Area, Goal 2 (Quality of Life) Housing Focus Area, Action Item 21-8
    Expand Housing Options, and Goal 3 (Revitalize Revenues) Housing Focus Area, Action Item 21-
    13 Increase Property Values in Urban Core and Eastside Neighborhoods

    Amount Requested: N/A                                 Amount Budgeted: N/A

    Fund(s) or Account(s): N/A                            Fund(s) or Account(s): N/A




Packet Page 281
    Recommended Motion: Motion to accept the proposal from (_______________) as presented and
    direct the Development Services Director to negotiate a purchase and development agreement for
    1095 Third Street for commission consideration.

    Approvals:                                                        Guest(s) Invited / Presenting:
    Immediate Division Head        Information Technology             Yes
    Other Division Heads           Communication                      No


    Legal Review

    For City Clerk Use Only:
    Commission Action:




Packet Page 282
West Urban Properties, LLC
Presents:

1095 Third Street
Redevelopment Project

Program and Proposed
Development
  Packet Page 283
Packet Page 284
                     A Culture Of
                      Inclusivity
                  A Conceptual View of West Urban
                     Properties contribution to
                  Muskegon’s Revitalization into the
                      21st Century and Beyond.




Packet Page 285
       Blending Past, Present and
                 Future
  • Inclusivity of a community does not happen solely on a
  horizontal plane. It is NOT merely about mixing cultures.
  Integration is horizontal and vertical.

  • Inclusivity happens from the center of the neighborhoods to
  the borders of the community and from the borders back in.

  • Simply put- a community is blended from the ground to the
  sky and aim to capture all the beating hearts in between.


Packet Page 286
                           Socio Economic


                                                     Muskegon Recaptured!

                                                                        The chasm of
                                                                        empty space left
                                                                        behind after the
                                                                        Muskegon Mall
                                                                        demolition
                                                                        eventually
                                                                        became
                                                                        recognized as an
                                                                        opportunity
                                                                        to re-imagine
                                                                        the cultural
                                                                        identity of this
                                                                        lakeshore
                                                                        community.




  The efforts to revitalize the downtown Muskegon area are undeniably
  successful.
  Embracing the rich history of the city and its architecture has maintained a
  sense of place and character.

  Now, in 2023, Muskegon boasts a diverse population that attracts varied
  businesses, residents and tourists.

  The next step-
  • Bring that same success into local neighborhoods!
  • Address the ongoing housing shortage across income
     groups while honoring the rich history of Muskegon
     and building community!



Packet Page 287
                  1095 Third Street, Muskegon, MI 49440
                        Historic Preservation

Why preserve?
     “….to enrich the cultural identity of a community; to stabilize and
     strengthen property values; to attract businesses, residents of place
     and give a sense of history and character. “

                                                             This structure was
                                                             built in 1927 in the
                                                             Morderne Art Deco
                                                             style which
                                                             celebrated the
                                                             modern
                                                             machine and
                                                             promoted
                                                             geometric
                                                             forms.




                                              A remodel that
                                              ignores the historical
                                              elements of the
                                              architectural style.




         Our Proposed design plans to use the original structure,
         exterior elements such as brick, if found safe for use, and
         include decorative design elements from the Moderne Art
         Deco Period blended with contemporary elements and
         materials of today.

 Packet Page 288
                   1095 Third Street, Muskegon, MI 49440
                                Area Housing

   A concern for the citizens and government of Muskegon
   has long been the procurement of affordable housing.




                                              A city filled with beautiful but
                                              aging houses adds visual culture
                                              but without funds and fortitude
                                              this may also lead to an
                                              overwhelming amount of unsafe
                                              living environments and create a
                                              housing shortage.

Size of families within a household as well
as the culture and lifestyle are always
changing. Flexible design is needed to
meet the widest variety of family needs.         West Urban Properties
                                                 will explore incorporating
                                                 HCV/Section 8 Vouchers
                                                 into our program as well
                                                   as market rate value
                                                   within the “MidTown
                                                       Center” project.



  Packet Page 289
                1095 Third Street, Muskegon, MI 49440
                                    Area Housing

           West Urban Properties, LLC. sets forth the goal
                  meeting the housing needs of
                 Culture and Community.
 Within 3 to 6 minutes walking distance of MidTown
 Square there are approximately 560 affordable
 housing units in existing apartment buildings in
 the city of Muskegon.




                                                                                                Walking
                                                                                                distance




                                                                                                Driving
                                                                                                distance




                                                     Within 4 miles of MidTown Square there
                                                     are approximately 972 affordable housing
                                                     units.




             • Muskegon has a shortage of housing in all
               demographic groups.

             • West Urban Properties, LLC. aims to
               provide a rich quality of life to all
               demographic groups.


Packet Page 290
                     1095 Third Street, Muskegon, MI 49440
                                          Area Housing
                 West Urban Properties, LLC. sets forth the goal
                   Of responding to a growing community.

                                                                                               •   Not enough
                                                                                                   vacancies.

                                                                                               •   Family
                                                                                                   Housing- 2+
                                                                                                   bedrooms.

                                                                                               •   71.8% Want
                                                                                                   more
                                                                                                   apartments.

                                                                                               •   Housing for
                                                                                                   ages 25-40.

                                                                                               •   WEST URBAN
                                                                                                   PROPERTIES,
                                                                                                   LLC. CAN
                                                                                                   HELP!


Graphic table is taken from the Muskegon Housing Needs Assessment, Bowen
National Research, 2023



West Urban Properties, LLC commits to exploring the possibility of meeting a mix of
the following needs.

                                                    Low Income                Community
                                                   HCV/Section 8              Out/RETAIL
                                1
                                                     Vouchers
                             bedroom
                                                                                            Millennials
   Employee
    growth


                           Studio
                                                   Inclusivity                   2
                                                                              bedroom
                         Apartment                                                                 Medical
                                                                                                    Field
                                                                                                   Growth
                                                                  Community
                                         White                      within/       Empty
           Blue collar                    collar                   HEALTH         Nesters
            Growth                       Growth                   WELLNESS

  Packet Page 291
                           1095 Third Street, Muskegon, MI 49440
                  Corner of Houston and Third Street




                                      Presents

                  MidTown Center
             A Mixed Use Residential and Retail Project
          Focused on Providing an Inclusive and Integrated
                        Living Community.
                  *All Drawings and designs dependent on feasibility study.

Packet Page 292
                                                 3 Story
                                               Townhomes




                                                Third St.
                   Houston St.




         3 Story
       Townhomes
                                               Mixed Use
                                               Apartments




                         Site Plan:
                                 MidTown Center
                                 1095 Third St.
                                 Muskegon, MI 49440
Packet Page 293
    Side views of MidTown Center.
    Townhomes having individual parcel numbers so that the units can be
    rented or sold.




                                                                          Third Street View




3rd Street Side of MidTown Center Building




                                                3rd Street MidTown Center Town Homes



   Packet Page 294
                     *All Drawings and designs dependent on feasibility study.
Corner view of MidTown Center Town Homes,
corner of Third St. and W. Muskegon Ave.




                   *All Drawings and designs dependent on feasibility study.
 Packet Page 295
 Side views of MidTown Center.
 Townhomes having individual parcel numbers so that the
 units can be rented or sold.




Houston Street View




                                              MidTown Center on Houston Street




 MidTown Center Town Houses on Houston Street


                     *All Drawings and designs dependent on feasibility study.
   Packet Page 296
Lower Level




First Level Showing Potential Apartment Layout at Full Capacity.
 Packet Page 297
    Second Level Showing Potential Apartment Layout at Full
    Capacity.



 General Feel of Town Homes-
 Large windows with expansive
 views. Easy living Luxury vinyl
 Floors. Contemporary Cabinets
 will lead to an overall warm
 and modern feeling.




                                    Source: Pictures taken from
                                    Western Place Condominiums
Packet Page 298
Proposed Option pending feasibility
study. West Urban Properties proposes
to explore the potential for 2 additional
added to the first two floors.




    Packet Page 299
                      *All Drawings and designs dependent on feasibility study.
                             Third Street View of 4 story option.

Basic floor plan 3rd and
4th, floors.




  The addition of two more stories will allow for 2-
  bedroom apartments or 34 more single apartments-
  17 on each floor

Packet Page 300
                  *All Drawings and designs dependent on feasibility study.
                      With Sincere Appreciation
                  for the opportunity to share in the
                        growth of Muskegon.




                    Questions may be directed to:
                          Dave Dusendang
                           616 874 7085




Packet Page 301
     Mr. Jake Eckholm
     Director of Development Services
     City of Muskegon Development Services Department
     933 Terrace Street
     Muskegon, MI 49440


     RE:     Letter of Intent to Redevelop City Owned Property
             1095 3rd Street, Muskegon, MI 49441
             PIDN: 61-24-205-350-0009-00, 61-24-205-350-0001-00
             1.16 +/- Acres

     Mr. Eckholm,

     Please accept this letter of intent as a formal request by Spire Development (“Spire”) to redevelop
     approximately 1.16 +/- acres of City of Muskegon owned property, located at 1095 3rd Street, Muskegon,
     MI 49441 and identified in Exhibit A (PIDN: 61-24-205-350-0009-00, 61-24-205-350-0001-00) (the
     “Property”).

     Project Description

     Spire intends to redevelop the Property as a 45-55 unit, 100% affordable, workforce housing community
     (the “Project”) that will be financed in-part with the Michigan State Housing Development Authority
     (“MSHDA”) tax credit program. The Project’s 1, 2, and 3-BR units will be affordable to residents up to
     80% of the Area Median Income (“AMI”). The Project will be designed as a 2-3 story enclosed garden
     walk-up and will feature multiple amenities such as a community room, leasing office, resident storage
     space, and indoor bicycle storage. The Project will be highly energy efficient, meeting Enterprise Green or
     LEED standards. The Project will be designed with input from the local historic district and will
     complement the architectural character of the area.

     Spire is committed to preserving and or replicating the old façade of the existing building underneath the
     currently plastered exterior as shown in the attached Exhibit B, subject to structural integrity. The
     reconstructed building will include common space, residential units, and a potential white-box commercial
     space, should market conditions support it. A three-story building will be built on the 0.21-acre lot on the
     corner of Muskegon Avenue and 3rd Street, and an additional two to three story building will be built along
     Houston Avenue. Buildings will be designed to maximize frontage along all roads. Parking will be designed
     to be accessed from the alley.

     Project Need in the Community

     The Project will benefit the city in multiple ways. It will directly fulfill a measured need for tax credit
     workforce housing in the community, as identified in the 2023 Muskegon Housing Needs Assessment and
     the 2019 Multi-Family Housing Study, City of Muskegon, Michigan. The Project will re-develop a vacant
     infill lot in a historical district along a public transportation corridor, which will encourage further
     development along Muskegon Avenue and 3rd Street. The Project will create jobs and support local
     businesses by employing numerous local subcontractors and tradesmen who will construct and consume in
     the vicinity. Working families will benefit from the Project’s proximity public transportation and major
     employers, while seniors looking to downsize from single family homes will have a new housing option
     built to modern accessibility standards. Finally, residents will be able to live in an environment where they
     are not rent burdened and therefore will have more disposable income to support the local economy.




Packet Page 302
     Project Ownership and Management

     Spire Development will serve as the developer and long-term owner of the Project, which we anticipate
     will be managed by KMG Prestige. KMG Prestige is one of the largest affordable housing management
     companies in the state of Michigan and has partnered with Spire on prior projects, the most recent being
     Center City Lofts, a 55-unit workforce housing development in Midland, Michigan. Spire will engage a
     third-party general contractor via a competitive bid process to construct the project, which will support
     local subcontractors.

     Project Timeline

     Should Spire be selected for redevelopment of the Property, we will immediately engage with city staff to
     present concept plans and solicit feedback. The goal of outreach will be to determine the ideal architectural
     design and site plan layout to best serve the needs of the community. Spire has a history of welcoming and
     incorporating stakeholder input to deliver projects that enhance the communities in which they are located.

     After city staff’s input has been received, Spire will apply for tax credits in the October 2023 funding round.
     Should Spire successfully receive a funding award, groundbreaking will occur in the spring of 2024. The
     project will be completed in the summer of 2025.

     Spire Development appreciates the opportunity to present a concept plan for the subject Property. Please
     do not hesitate to contact the undersigned with any questions you may have.

     Sincerely,



     Sean McMickle
     Development Vice President
     Spire Development, Inc.

     Attachments
         - Exhibit A: Property map
         - Exhibit B: Existing structure historical photographs
         - Exhibit C: Example Spire Development Projects




Packet Page 303
                  Exhibit A: Property Map

                       +/- 1.16 acres

                          PIDN#s:
                   61-24-205-350-0009-00
                   61-24-205-350-0001-00




Packet Page 304
                  Exhibit B: Existing structure historical photographs




Packet Page 305
                  Exhibit C: Example Spire Development Projects


                     Lofts at Milnes Plaza, Coldwater, Michigan




Packet Page 306
Packet Page 307
                   Center City Lofts, Midland, Michigan




                  Austin Commons, Miami Township, Ohio




Packet Page 308
           THIRD STREET LIVE/WORK LOFTS




                      1095 THIRD STREET
                  REDEVELOPMENT PROPOSAL
                     Submitted by General Capital Group
                              MARCH 5, 2023




                          Josh Hafron, 414-228-3518
                            General Capital Group



Packet Page 309
                                                      COLLABORATE · INNOVATE · EXECUTE

                                         6938 N S A N TA M O N I C A B LV D
                                               MILWAUKEE, WI 53217                   P: 414.228.3500
                                                                                     F: 414.228.3700
                                        G E N E R A L C A P I TA L G R O U P.C O M




                  TABLE OF CONTENTS
                  1.   Cover Letter
                  2.   Proposed Development Vision
                  3.   Financial Structure and Financial Stability
                  4.   Appendix
                        a. General Capital and Bedrock Construction Company
                        b. Hooker DeJong Architects
                        c. Progressive A/E
                        d. KMG Prestige




Packet Page 310
                                                                            COLLABORATE · INNOVATE · EXECUTE

                                                               6938 N S A N TA M O N I C A B LV D
                                                                     MILWAUKEE, WI 53217                   P: 414.228.3500
                                                                                                           F: 414.228.3700
                                                              G E N E R A L C A P I TA L G R O U P.C O M




     March 5, 2023

     Mr. Jake Eckholm
     Director of Development Services
     City of Muskegon
     933 Terrace Street
     Muskegon, MI 49440

     Re:     Redevelopment Proposal for Third Street Live/Work Loft Apartments
             1095 Third Street


     Dear Jake:

     General Capital Group is pleased to present our proposed redevelopment plan for 1095 Third Street in
     Muskegon’s vibrant Nelson neighborhood. The attached proposal responds to the City of Muskegon’s
     specific development goals. We are familiar with the site and have been interested in pursuing a
     development in this area for several years. While our previous efforts to secure a site in the neighborhood
     (at 1144 Third Street) did not come to fruition, we are excited by the opportunity to propose a large-scale
     redevelopment of this property. We believe this site presents an excellent opportunity for a vibrant,
     mixed-use workforce housing community with state-of-the-art residential amenities and a combination
     of retail and live/work opportunities that will activate and engage both Third Street and Houston Avenue.
     Our research indicates a tremendous demand for high-quality affordable housing in Downtown Muskegon
     and our track record demonstrates our ability to turn this project into a reality. In addition, our proposal
     directly responds to the City’s recently released “Housing Needs Assessment” conducted by Bowen
     National Research, which indicates tremendous housing demand in our target demographic and rental
     price points.

     As the City is aware, General Capital is active in Downtown Muskegon; we developed both the Berkshire
     – Muskegon independent senior project as well as our recently opened TEN21 Apartments on Jefferson
     Street, only a couple of blocks away from the proposed site. In addition, General Capital recently acquired
     the Village at Jackson Hill on the City’s east side. As we have done in the past with our projects in
     Muskegon, General Capital takes particular care in developing designs that reflect the local neighborhood
     fabric. We don’t use building prototypes and standard floorplans. Each housing community is unique to
     its placement in the neighborhood and surrounding community. We find this approach generates long-
     term value for us, as owners, as well as the communities in which we operate. Our projects blend
     seamlessly with the neighborhood as we have demonstrated with both our Berkshire and TEN21 projects
     in Downtown Muskegon.

     General Capital’s plan for this site reflects the City’s “Preferred Development Vision” as a point of
     departure. The City is seeking a multi-story mixed-use development with a focus on the pedestrian
     environment and active first floor uses to complement the neighborhood. Our plan enlivens the public



Packet Page 311
     realm by providing active uses on the ground floor including commercial space in live/work units that help
     incubate and foster small businesses and increase urban vitality. We will incorporate the historic Catholic
     Charities building into our development as the cornerstone of the project, providing a beautiful two-story
     “Main Street” style frontage to our 51-unit development. We are proposing to restore and repurpose this
     two-story structure with a new commercial storefront with a “Community Serving Facility,” community
     space and loft-style apartments. General Capital has specific experience renovating historic structures,
     similar to what we are proposing here. We are proposing to activate the Houston Street frontage with
     live/work units with active pedestrian storefronts lining the street, offering residents the opportunity to
     operate a business or studio on the ground floor of these unique two-story units. Together, our scheme
     creates a cohesive, multi-building development that fits the scale and character of the neighborhood.
     Given the high priority the City has placed on restoring this structure, our group has the experience it
     takes to realize the successful combination of an historic building and a new construction addition as we
     are proposing. We have done very similar historic renovation/new construction combinations with our
     Niles Post Office Apartments and Albert Kahn Apartments in Jackson, Michigan.

     In addition to contributing to the vitality of Downtown, our project will be a showcase for sustainable
     urban infill development. Our project will be LEED®- certified and will use state-of-the-art infrastructure;
     high efficiency plumbing fixtures; energy efficient lighting; EnergyStar® furnaces and appliances; certain
     recycled building materials and other green/sustainable features. Participation in the LEED program
     assures the City that our project will meet a stringent third-party green building verification process.
     General Capital’s project will also include numerous Universal Design features to ensure that the entire
     community can enjoy our property. All outdoor spaces will be designed with accessibility in mind and our
     units will include flexible designs that provide opportunities for increased accessibility. For example,
     cabinets that can be converted to accommodate individuals with physical disabilities. All units will be
     visitable and 10% of the units will be barrier free. Together, our forward-thinking design, approach to
     sustainability, diversity and inclusion, will make our project a cornerstone of the lively Nelson
     neighborhood.

     As a brief introduction, General Capital is a leading Milwaukee-area based real estate development firm
     focused on developing high-quality, sustainable projects in established urban neighborhoods, each with
     a unique character reflecting the community in which it is developed. Our firm is a recognized leader in
     the development of high-quality affordable housing communities using federal, state and local housing
     financing programs in Wisconsin, Michigan and Illinois. Our core business also includes the development
     and acquisition of office, industrial, retail and market-rate multi-family assets. The firm was established
     in 1994 and has developed over 37 housing tax credit projects to date.

     General Capital develops or repositions institutional quality assets that are typically held in the company’s
     portfolio for the long term. In selecting and executing its projects, General Capital works closely with
     municipalities to ensure that projects enhance long-term community goals and objectives. We have a
     well-established track record in Michigan (nine projects to date) and are familiar with funding programs
     available for this project. We find that generating good ideas is the “easy part” of development. The
     challenge is to close these deals in today’s high cost and high interest rate environment. Our team has a
     long and successful track record of choosing projects carefully and executing the details with great
     care. Our ideas get done. Structuring innovative transactions with a deep understanding of property
     subsidy, public and private financing structures and other soft money financing vehicles is a strong suit of
     our development team. This project is no exception, and our development team has the expertise
     required to navigate the complexity to execute our plan. We encourage you to visit our website to view
     the depth of our experience and portfolio: www.generalcapitalgroup.com.


     1095 Third Street RFP – Muskegon, MI                                                  GENERAL CAPITAL GROUP
Packet Page 312
     Over the years, we have developed strong relationships with Michigan-based firms to ensure the best fit
     of professionals with local knowledge and expertise. Our team will consist of Hooker DeJong Architects
     (Muskegon), Progressive A/E for civil engineering (Grand Rapids) and KMG Prestige, our Michigan-based
     property manager (Mt. Pleasant, MI). In addition, Tom Lapka of Mallory, Lapka, Scott and Selin (Lansing)
     will serve as our Michigan-based counsel. Together, this core group has successfully collaborated on nine
     projects with excellent, proven results. General Capital’s subsidiary, Bedrock Construction Company, will
     act as General Contractor for the project. Bedrock has built over 25 tax credit projects over the years. We
     have found that we get the best results by building our projects ourselves. While we do not self-perform
     any trades, we have deep relationships with the industry and have found that we can best control
     schedule and delivery with this approach. More specifically, we typically hire local and/or regionally-based
     superintendents and use a Construction Manager form of delivery in the field. This allows us to tap local
     subcontractors and professional trades. After construction is complete, KMG will typically hire a local on-
     site property manager and maintenance personnel to run the property on a day-to-day basis. This allows
     us to maintain a connection with the local community on an ongoing basis.

     We believe our approach will yield an outstanding realistic, achievable project for the Catholic Charities
     site. The enclosed supporting materials reflect our concept design and site plan, which we believe is a
     great fit for the site. We are also including an overview of our firm, projects and professional team.
     Together, we have accomplished this before with excellent outcomes, as evidenced by our existing
     projects in Muskegon. Even though the City is familiar with our team, we encourage you to contact our
     references to confirm our ongoing reputation with municipal and banking partners. You will find that our
     team is professional and straightforward, with a particular emphasis of creating “win-win” scenarios for
     the communities in which we work.

     We look forward to presenting our proposal in more detail. In the meantime, please don’t hesitate to
     contact Josh Hafron, our primary contact, at 414-228-3518 with any questions regarding our proposal. As
     a final note, because of the similar nature of our proposal to previous historic renovation projects we have
     developed, we are happy to set up site visits for you to view our projects in Niles and Jackson firsthand.
     As always, thank you for your time and consideration.

     Sincerely,
     General Capital Group



     Josh Hafron




     1095 Third Street RFP – Muskegon, MI                                                 GENERAL CAPITAL GROUP
Packet Page 313
                  SECTION 2


Proposed Development Vision and Program




Packet Page 314
     PROPOSED DEVELOPMENT VISION AND PROGRAM
     General Capital is proposing a 51-unit mixed-use development called “Third Street Live/Work Loft
     Apartments” consisting of a combination of adaptive re-use units and commercial space in the existing
     building as well as a 3-story addition along Houston Avenue. In developing the proposal, our Muskegon-
     based architect Hooker DeJong considered the existing fabric of the neighborhood including massing,
     streetscape and architectural character of surrounding buildings. The result is a scheme with three
     primary components:

         1. Adaptive Re-use of the Historic Catholic Charities Building. We have recently renovated such
            historic structures and incorporated them into new developments in both Niles and Jackson,
            Michigan. In both cases, the renovations received the nod of the state’s Historic Preservation
            Office without going through the formality of the National Park Service process. In other words,
            we have done this successfully before and understand what it takes to accomplish this. In the case
            of the Catholic Charities building, we intend to remove the existing stucco exterior to expose the
            original brick and storefront super structure below. We intend to replace the storefront on the
            ground floor and open the structural bays on the upper floor to authentically reproduce the spirit
            of the original building. We then intend to renovate the ground floor into commercial space,
            community meeting and amenity space and loft-style units on the back of the building and second
            floor. To allow us the greatest flexibility in repurposing this structure, we do not intend to pursue
            historic preservation tax credits. This will allow us to use as much of the existing structure and
            character as possible, while allowing us to make the building work for us.

         2. A 3-story new construction addition with unique two-story “live/work” units. We intend to
            connect the existing Catholic Charities building to a new 3-story structure that will include 35 units
            in a combination of one-, two- and three-bedroom configurations. The unique live/work units will
            include direct entries from the street, allowing for residents to “hang their shingle” and promote
            their home-based business in a separate space. Uses we have seen is such spaces include artists’
            studios, hairdressers, accountants, architects and therapists. These spaces works nicely as
            incubator spaces for new businesses before finding outside commercial space. These units will
            create a lively, active frontage along Houston Avenue, rather than the typical apartment building
            up against the sidewalk.

         3. Pocket Park and Food Truck/Market Space. We intend to preserve the parking lot at the corner
            of Third Street and Muskegon Avenue to support area businesses with public parking and offer a
            potential gathering space for food trucks and/or market stalls as the community sees fit. We
            intend to work with City to program and fund this space. Our intent is to keep it separate from
            our primary proposal. We believe it should be maintained as a gateway site with a special public
            purpose.

     We believe our project offers the City a vibrant, mixed-use community that responds to the needs of the
     neighborhood. General Capital has a tremendous track record of getting these projects off the ground,
     from initial concept to the groundbreaking. We believe our concept has merit and is the right size and
     scale for this site.




     1095 Third Street RFP – Muskegon, MI                                                  GENERAL CAPITAL GROUP
Packet Page 315
                       Muskegon, MI
                        03.03.2023
                  Conceptual Design Review




Packet Page 316
PROJECT OVERVIEW | PROJECT LOCATION
Site Location: 1095 Third Street Muskegon, Michigan


A0.95-acre site at the intersection of Houston Ave and 3rd Street in the City’s Nelson Neighborhood, in close
proximity to the Downtown Heritage District. The site serves as a connector gateway between the outer
residential neighborhoods and the Downtown Heritage District.




                                                                                            PROPOSED SITE




                                                                                                  W APPLE AVE


 HACKLEY PARK
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                                                                                                  HAMILTON AVE
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       Nelson Place
       Apartments                                       E
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                                                                                                  MERRILL AVE
                                                                        VE           First
                                                                   L  LA         Congregational
                                                                 RI
                                                             ER                     Church
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    Packet Page 317
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           PROJECT BRIEF | ZONING INFORMATION
           Zoning Classification: FBC-MS: FBC - Mainstreet / Non Form Based Code Zoning Areas


           The site is included in the form-based code and is also specified within the PUD district. The site is zoned FBC-
           MS (FBC Mainstreet), which is intended to provide a focal point that serves the city’s neighborhoods by accom-
           modating retail, service, and residential uses in a compact, walkable urban form. The Mainstreet area is charac-
           terized by mixed use buildings set next to the sidewalk in order to create a street wall and promote commerce
           and shopping. These buildings contain primarily street level retail use; however, residential and service uses may
           occur on the ground floor so that the area can mature over time. This district also supports live/work establish-
           ments, multi-plex housing and some rowhouses, with a high level of walkability and vibrancy at the street level.


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