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City of Muskegon
City Commission Meeting
Agenda
October 10, 2023, 5:30 pm
Muskegon City Hall
933 Terrace Street, Muskegon, MI 49440
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hearing impaired and audio tapes of printed materials being considered at the meeting, to individuals with
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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;
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Pages
1. Call To Order
2. Prayer
3. Pledge of Allegiance
4. Roll Call
5. Honors, Awards, and Presentations
5.a Memorial for Hope Griffith
5.b Recognition of Steve Hammond - Inspector of the Year
6. Public Comment on Agenda Items
7. Consent Agenda
7.a Approval of Minutes - City Clerk 1
7.b LIHWAP (Low Income Household Water Assistance Program) Agreement 18
Extension - Treasurer
7.c Final Approval of the Flock LPR Deployment - Public Safety 33
7.d Samaritas Payment if Lieu of Taxes (PILOT Agreement) - Development Services 39
7.e Samaritas Municipal Services Agreement - Development Services 57
7.f Spire Development, Allen Crossing PILOT Agreement - Development Services 64
7.g Spire Development, Allen Crossing Municipal Services Agreement - 74
Development Services
7.h Spire Development, Amity Commons PILOT Agreement - Development Services 82
7.i Spire Development, Amity Commons Municipal Services Agreement - 92
Development Services
7.j Sale of 1530 Hoyt Street - City Manager's Office 100
7.k Sale of 1647 Terrace Street - City Manager's Office 107
7.l Arena Solar Exemption Certificate Transfer - DPW 114
7.m City Hall Seagull Control System - DPW (Building Maintenance) 116
7.n Fireworks Agreement - Parks & Recreation 120
7.o Amendment to Parks & Recreation Advisory Committee Sec. 58-62 - City Clerk 125
7.p Parks & Rec Advisory Committee - Member Representing Muskegon Public 130
Schools
8. Public Hearings
8.a Establishment of an Industrial Development District - Beacon Recycling, 1241 131
East Keating - Economic Development
8.b Lakeside BID Special Assessment Tax Roll Approval - Economic Development 135
9. Unfinished Business
10. New Business
10.a City ARPA Community Grant - Pioneer Resources, Inc. - Manager's Office 143
10.b PRO Housing Grant Leverage Funds - Economic Development/CNS 149
10.c Parks & Rec Advisory Committee - Chair Appointment 151
11. Any Other Business
12. Public Comment on Non-Agenda items
13. Closed Session
13.a City Manager's Evaluation
14. Adjournment
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10/10/23 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the September 26, 2023 Regular Meeting.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Amount Requested: Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion: To approve the minutes.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
City of Muskegon
City Commission Meeting
Minutes
September 26, 2023, 5:30 pm
Muskegon City Hall
933 Terrace Street, Muskegon, MI 49440
Present: Mayor Ken Johnson
Commissioner Rebecca St.Clair
Vice Mayor Willie German, Jr.
Commissioner Michael Ramsey
Commissioner Teresa Emory
Absent: Commissioner Rachel Gorman
Commissioner Eric Hood
Staff Present: City Manager Jonathan Seyferth
City Clerk Ann Meisch
City Attorney John Schrier
Deputy City Clerk Kimberly Young
1. Call To Order
Mayor Johnson called the Muskegon City Commission meeting to order 5:30
p.m.
2. Prayer
Pastor Michael McGee, Spring Street Missionary Baptist Church, opened the
meeting with prayer.
3. Pledge of Allegiance
The Pledge of Allegiance to the Flag was recited by the Commission and the
public.
4. Roll Call
As recorded above
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5. Honors, Awards, and Presentations
5.a Commendation Letter Presentation to Muskegon Fire Department
from Lakeside Aerie #3306
Mayor Johnson read and presented a Letter of Commendation to the City
of Muskegon Fire Department for 150 years of tireless and heroic service
to the City of Muskegon and its surrounding communities, from the
Lakeside Aerie, #3306.
5.b Memorial for Larry Spataro
Mayor Johnson read and presented a Resolution of Respect and
Remembrance for Lawrence O. Spataro. The Resolution was presented
on behalf of the City Commission and citizens of Muskegon, recognizing
and expressing deep gratitude for the public service of Lawrence O.
Spataro and extending condolences to his family, friends, colleagues, and
all who were touched by his life of service.
6. City Manager Updates on Agenda
City Manager Jonathan Seyferth announced that 7.o, Drivers License for All
Resolution, would be added to the Consent Agenda, led out by Commission
Ramsey. Manager Seyferth also announced that the Commission will not be
taking action on New Business item 10.a, Rezoning of Properties in the Angel,
McLaughlin, and Jackson Hill Neighborhoods - at tonight's meeting. However,
public comments will be taken regarding the item.
7. Public Comment on Agenda Items
Public comments were received.
8. Consent Agenda
Action No. 2023-99
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To accept the Consent Agenda as presented, minus items 7b, 7e, 7j, 7l, 7m, 7n,
and 7o.
Ayes: (5): Mayor Johnson, Commissioner St.Clair, Vice Mayor German,
Commissioner Ramsey, and Commissioner Emory
Absent (2): Commissioner Gorman, and Commissioner Hood
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MOTION PASSES (5 to 0)
8.a Approval of Minutes - City Clerk
To approve the minutes of the September 11, 2023 Worksession and
September 12, 2023 Regular Meeting.
STAFF RECOMMENDATION: To approve the minutes.
8.c Amendment to the Zoning Ordinance - Residential Setback
Requirements - 2nd Reading - Planning
Staff-initiated request to amend Section 404 of the zoning ordinance to
modify rear setback requirements and to create a front build-to zone in lieu
of front setbacks in single-family residential zones. the Planning
Commission recommended approval of the amendment by a 4-1 vote at
their August 10 meeting.
STAFF RECOMMENDATION: To approve the request to amend Section
404 of the zoning ordinance as presented.
8.d 2023 Justice Assistance Grant - Police Department
The Police Department is seeking approval to enter into a Memorandum
of Understanding (MOU) with the County of Muskegon and Muskegon
Heights to apply for the allocated 2023 JAG grant funds.
The Police Department is seeking approval to enter into a MOU with the
County of Muskegon and Muskegon Heights to apply for the allocated
2023 Edward Byrne Memorial Justice Assistance Grant (JAG) program
funds. This year’s local JAG allocations to disparate jurisdictions in our
county totals $43,247. The City of Muskegon will continue to act as the
fiduciary and receive $25,571, the City of Muskegon Heights would be a
subawardee and receive $17,676 and the County of Muskegon would not
receive funding. Similar to past years, the City of Muskegon’s portion of
this grant will be used for the prosecution of city ordinance cases dealing
primarily neighborhood issues.
STAFF RECOMMENDATION: Approve the 2023 JAG Program Award
Memorandum of Understanding (MOU), authorize the Mayor to sign, and
authorize staff to apply for the 2023 JAG grant funds.
8.f Former General Fund Transfers for FY2022-23 - Finance
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During the close out of fiscal year 2022-23 and based on the financial
results for the fiscal year ended June 30, 2023 we want to transfer
$90,000 from the General Fund to the Marina Fund to eliminate a fund
balance deficit.
At the close of FY2022-23 the Marina fund requires a transfer from the
General Fund. (1) The FY2022-23 budget called for a General Fund
transfer of $90,000 to the Marina Fund to avoid a fund balance deficit.
The Marina fund despite initial transfer from $450,000 General fund needs
additional help to avoid a deficit. At the end of the 2022-23 year the
current liabilities exceed current assets by approximately $90,000.
AMOUNT REQUESTED: $90,000
FUND OR ACCOUNT: Transfer $90,000 from 101 to 594
STAFF RECOMMENDATION: To approve the General Fund transfers of
$90,000 to the Marina Fund.
8.g Sale of 1530 Hoyt Street - Manager's Office
Staff is seeking approval of the sale of 1530 Hoyt Street. 1530 Hoyt Street
was constructed through the agreement with Dave Dusendang to
construct infill housing with ARPA funding. The offer is a full price offer
with no seller concessions.
STAFF RECOMMENDATION: To approve the purchase agreement for
1530 Hoyt Street.
8.h Sale of 1647 Terrace Street - Manager's Office
Staff is seeking approval of the sale of 1647 Terrace Street. 1647 Terrace
Street was constructed through the agreement with Dave Dusendang to
construct infill housing with ARPA funding. The offer is for $18,000 over
asking price with $10,000 in sellers concessions and $8,000 toward
appliances and air conditioning. This results in a full price offer.
STAFF RECOMMENDATION: To approve the purchase agreement for
1647 Terrace Street.
8.i First Amendment to Real Estate Purchase Agreement DMDC2-Splash
Pad - Economic Development
An amendment to the Real Estate Purchase Agreement between the
Downtown Muskegon Development Center No. 2 Association (the “Seller”)
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and The City of Muskegon (the “Buyer”) for the purchase of Unit 10 ((the
“Property”) referred to as the Western Avenue Splash Pad.
On June 27, 2023, this item was presented to the City Commission and
was approved. The Seller and Buyer now wish to amend the Purchase
Agreement, as detailed in the attached amendment. Both parties propose
extending the closing date to no later than November 1, 2023.
AMOUNT REQUESTED: $1,188.75
FUND OR ACCOUNT: Planning
STAFF RECOMMENDATION: To approve the Amendment to the Real
Estate Purchase Agreement made between Downtown Muskegon
Development Center No. 2, Association and The City of Muskegon for the
purchase of Unit 10 (the “Property”) referred to as the Western Avenue
Splash Pad authorizing the Deputy City Manager to sign.
8.k Transmission Main Water Meter - DPW - Water Filtration
Staff is requesting approval to award the transmission main water meter
project to Wadel Stabilization.
A 30” water transmission main was recently constructed from the Water
Filtration Plant to the Muskegon Channel. While the primary purpose of
this water main is to provide a second connection to the Muskegon County
Northside water system, it also serves the City of Muskegon’s water
system. An existing water meter near the channel measures all water flow
into the County water system, but it does not capture any water flow into
the City. Installing a water meter near the Water Filtration Plant will
measure all the water flowing through this main, including the currently
unmetered water flowing into the City. Metering this water as it leaves the
Water Filtration Plant is critical to overseeing water plant operations,
managing the water fund, and ensuring regulatory compliance.
The Commission has already approved earlier stages of this project. At
the September 27, 2022 meeting, the Commission approved contracting
Prein&Newhof for engineering services for the design, bidding and
construction phases of this project. At the August 22, 2023 meeting, the
Commission approved an amendment to the agreement with Muskegon
County to permit the installation of the meter on the County-owned water
main.
An invitation to bid on the construction portion of this project was posted
on the City’s website and four bids were received. Prein&Newhof reviewed
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the bids and recommends the low bid of $92,580.00 from Wadel
Stabilization. This project is included in the Water Filtration Plant’s budget
for FY 23-24.
AMOUNT REQUESTED: $92,580.00
FUND OR ACCOUNT: 591-901-801-092034
STAFF RECOMMENDATION: To award the transmission main water
meter project to Wadel Stabilization.
8.b Fireworks Display for NYE Ball Drop - City Clerk
Pyrotecnico is requesting approval of a fireworks display permit for
January 1, 2024, in a parking lot between 3rd and 4th street, west of
Shoreline Drive. The fire Marshall will inspect the fireworks on the day of
the event. Contingent upon approval of insurance.
STAFF RECOMMENDATION: To approve the fireworks display permit for
Pyrotecnico, contingent upon inspection of the fireworks and approval of
the insurance.
Action No. 2023-100(b)
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To approve the fireworks display permit for Pyrotecnico, contingent upon
inspection of the fireworks and approval of the insurance.
Ayes: (5): Mayor Johnson, Commissioner St.Clair, Vice Mayor German,
Commissioner Ramsey, and Commissioner Emory
Absent (2): Commissioner Gorman, and Commissioner Hood
MOTION PASSES (5 to 0)
8.e Former Employee Health Refund Calculation - City Manager
Traditionally (and per all 5 union contracts) employees paid 10% of their
health benefits (after 2017 this included three components Health
Insurance, Co-insurance, and Deductibles). At some point, an error in the
calculation occurred, and employees began paying more than 10%. This
was brought to our attention in early 2023, and the insurance contributions
have been corrected for all active employees. The commission must now
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consider addressing this matter with former team members who left
employment between the error starting and being corrected.
Starting in 2017 the City began using three different factors to determine
employee contributions to their insurance premiums (a percent of actual
monthly premiums and a percent of City Paid Benefits (co-insurance &
deductibles)). Prior to 2017, just insurance premiums were used as a
factor. This change was made because of cost increases in co-insurance
and deductibles.
Sometime after 2017 a calculation error occurred and employee
contributions increased above the 10% level.
Earlier this year the City Commission approved repayment of benefit
overpayments to current employees. The administration is now asking the
Commission to consider reimbursement of the overpayment to former
employees who left the City between 2017 and the end of 2022 who also
overpaid insurance premiums.
During that time period, we had 58 former team members who took health
insurance and overpaid. Individual overpayment ranges from about $3,200
to less than $10. The total cost to repay these former team members the
overpayment is $51,696.83.
AMOUNT REQUESTED: $52,696.83
FUND OR ACCOUNT: Various - the appropriate departments and funds
will cover this cost.
STAFF RECOMMENDATION: To approve Repayment of overpaid
insurance premiums to former team members.
Action No. 2023-100(e)
Motion by: Vice Mayor German
Second by: Commissioner St.Clair
To approve Repayment of overpaid insurance premiums to former team
members.
Ayes: (5): Mayor Johnson, Commissioner St.Clair, Vice Mayor German,
Commissioner Ramsey, and Commissioner Emory
Absent (2): Commissioner Gorman, and Commissioner Hood
MOTION PASSES (5 to 0)
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8.j PM Restroom MNRTF Grant Agreement - Parks & Recreation
Staff is requesting approval to execute the attached agreement for the
MNRTF Grant for the construction of a new restroom building adjacent to
the “kite shack,” as well as rehabilitation of the kite shack building.
The City of Muskegon has been awarded a $300,000 Grant from the
Michigan Natural Resources Trust Fund (MNRFT) administered by the
Michigan Department of Natural Resources. The award includes a
required City match amount of $300,000, which is budgeted in this fiscal
year. The City of Muskegon is required to execute the included agreement
to meet funding requirements, which is of the standard MDNR form. The
concept drawings of the improvements are included for reference.
AMOUNT REQUESTED: $300,000
FUND OR ACCOUNT: 445(Public Improvement)
STAFF RECOMMENDATION: To approve the MNRTF Grant agreement
including the approving resolution, and authorize the DPW Director to
sign.
Action No. 2023-100(j)
Motion by: Commissioner Ramsey
Second by: Commissioner Emory
To approve the MNRTF Grant agreement including the approving
resolution and to appropriate all funds necessary to complete the project
during the project period and to provide $400,000 to match the grant
authorized by the department, and authorize the DPW Director to sign.
Ayes: (5): Mayor Johnson, Commissioner St.Clair, Vice Mayor German,
Commissioner Ramsey, and Commissioner Emory
Absent (2): Commissioner Gorman, and Commissioner Hood
MOTION PASSES (5 to 0)
8.l Filter Plant Cell Tower Verizon Lease - DPW
Staff requests authorization to enter into a lease with “Muskegon Cellular
Partnership By: Cellco Partnership d/b/a Verizon Wireless” to grant
Verizon space on the City’s cellular tower at the water filtration plant.
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In early 2021 Commission authorized the construction of a cellular
communications tower at the water filtration plant in the hope of spurring
cellular companies to provide better service in the extreme western part of
the City, including the beach. Since that time, staff has been working with
Maralat Communications to entice a cellular provider to locate on the
tower.
A lease has been negotiated with Verizon Wireless and is included for
consideration and approval. The terms are $3,500 per month for 25 years
(including extensions) with a 2% annual escalator, a total income to the
water fund of $1,345,273 over the life of the lease. At the time of tower
construction, it was anticipated we would achieve terms of $1,800 per
month with a 3% annual escalator. Over the 25-year term of the lease,
the negotiated terms will bring in more than $550,000 over expectations.
Much of the credit goes to Maralat Communications and Parmenter Law
for assisting with negotiations.
Several additional spaces on the tower are available, and staff hopes this
lease will encourage other providers to locate on the tower soon, further
improving service in the area. The construction cost of the tower will be
paid back by the end of just the fourth year of this lease.
STAFF RECOMMENDATION: To approve the presented lease with
Muskegon Cellular Partnership by: Cellco Partnership d/b/a Verizon
Wireless, and authorize the Mayor to sign.
Action No. 2023-100(L)
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To approve the presented lease with Muskegon Cellular Partnership by:
Cellco Partnership d/b/a Verizon Wireless, and authorize the Mayor to
sign.
Ayes: (5): Mayor Johnson, Commissioner St.Clair, Vice Mayor German,
Commissioner Ramsey, and Commissioner Emory
Absent (2): Commissioner Gorman, and Commissioner Hood
MOTION PASSES (5 to 0)
8.m Zencity Contract Approval - Manager's Office
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Staff is requesting approval of a 5-year contract with Zencity, the city's
community engagement tool, Connect Muskegon, that has been in trial for
the last 9 months.
In December 2022, staff began vetting several community engagement
platforms. This platform will be the go-to source for our neighbors to
engage with and provide feedback to city staff on projects or issues
impacting the community.
The Manage signed an initial 1-year contract with Zencity to test the
product and gather staff, commission and community experience. Since
launching the product in March 2023, city staff from all divisions have use
the forward-facing portion of Zencity, known publicly as "Connect
Muskegon" for over 15 projects. The product is user friendly for staff, and
has received several positive comments from community members on the
depth and detail of each project.
AMOUNT REQUESTED: $24,500 annually, for 5 years
FUND OR ACCOUNT: 101-103-801
STAFF RECOMMENDATION: To approve the 5-year contract with Zencity
Technologies US, Inc and authorize the City Manager to sign.
Action No. 2023-100(m)
Motion by: Commissioner St.Clair
Second by: Vice Mayor German
To approve the 5-year contract with Zencity Technologies US, Inc and
authorize the City Manager to sign.
Ayes: (5): Mayor Johnson, Commissioner St.Clair, Vice Mayor German,
Commissioner Ramsey, and Commissioner Emory
Absent (2): Commissioner Gorman, and Commissioner Hood
MOTION PASSES (5 to 0)
8.n Community Relations Committee Recommendations - City Clerk
To concur with the CRC recommendations to make the following
appointments to the Parks & Recreation Advisory Board.
Representatives from Ward I:
Sarah DeLarosa – Term expiring 2024
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Hillery Ross-Furse – Term expiring 2025
Representatives from Ward II:
Anthony Olshansky – Term expiring 2024
Jequan Brown – Term expiring 2026
Representatives from Ward III:
Sidney Long – Term expiring 2026
David Ruck – Term expiring 2024
Representatives from Ward IV:
Aaron Botbyl-Mast – Term expiring 2025
Leann Hayward – Term expiring 2024
Representatives At Large – (One as chair, non-voting member)
John Burt – Term expiring 2024
Roberta King – Term expiring 2025
Representative from Muskegon Public Schools
Montrell Dockery – Term expiring 2024
STAFF RECOMMENDATION: To concur with the Community Relations
Committee’s recommended appointments as stated above.
Action No. 2023-100(n)
Motion by: Commissioner Ramsey
To concur with the Community Relations Committee’s recommended
appointments as stated above.
Ayes: (5): Mayor Johnson, Commissioner St.Clair, Vice Mayor German,
Commissioner Ramsey, and Commissioner Emory
Absent (2): Commissioner Gorman, and Commissioner Hood
MOTION PASSES (5 to 0)
8.o Resolution in Support of Drive Safe Legislation - Manager's
Office/Commissioner Ramsey
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Commissioner Ramsey introduced the topic of supporting Drive Safe
Legislation at the September 10, 2023 Worksession Meeting. The state
legislature is currently considering the Drive SAFE (Safety, Access,
Freedom, and the Economy) Act, which would provide undocumented
Michigan residents with the option to obtain a Michigan Driver's License.
This is legislation that has been passed in 20 other state that allows for
driver's licenses to be issued to undocumented residents. The group
organizing the legislation feels that allowing licenses to be issued will have
various positive impacts for both the state and the individuals obtaining the
licenses. Before 2008, Michigan issued driver's licenses and IDs to
undocumented individuals. More information can be found at
www.drivemichiganforward.com
Action No. 2023-100(o)
Motion by: Commissioner Ramsey
Second by: Commissioner Emory
To adopt a resolution in support of Drive Safe Legislation.
Ayes: (5): Mayor Johnson, Commissioner St.Clair, Vice Mayor German,
Commissioner Ramsey, and Commissioner Emory
Absent (2): Commissioner Gorman, and Commissioner Hood
MOTION PASSES (5 to 0)
9. Public Hearings
9.a 2022 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 September 14 -October 6, 2023. A public Hearing is another
opportunity to comment about the Federal CDBG and HOME program
activities performed during the fiscal year 2022 (July 1,
2022 - June 30, 2023). Click on the link to view the CAPER
STAFF RECOMMENDATION: To conduct a Public Hearing for the 2022
CAPER review.
Community and Neighborhood Services Director, Sharonda Carson,
provided an overview of highlights of the 2022 Consolidated Annual
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Performance Evaluation Report. Reporting on the CDBG and HOME
funds.
PUBLIC HEARING COMMENCED: No public comments were received.
Action No. 2023-101(a)
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To close the public hearing.
Ayes: (5): Mayor Johnson, Commissioner St.Clair, Vice Mayor German,
Commissioner Ramsey, and Commissioner Emory
Absent (2): Commissioner Gorman, and Commissioner Hood
MOTION PASSES (5 to 0)
10. Unfinished Business
11. New Business
11.a Rezoning of Properties in the Angel, McLaughlin, and Jackson Hill
Neighborhoods - Planning - REMOVED
Staff-initiated request to rezone all of the properties zoned R-1, R-2, R-3,
and RT in the McLaughlin, Angell, and Jackson Hill neighborhoods to
FBC-UR.
The Planning Commission held a public hearing on the case and voted 5-
0 in favor of denying the request.
11.b BSA Cloud Software - Information Technology/Finance Division
Staff is requesting authorization to enter into an agreement with BS&A
software to upgrade and migrate our BS&A Enterprise Resource Planning
(ERP) software to the cloud.
Since 2006, the City has been utilizing BS&A software for financial
management, payroll, utility management and billing, permitting and
inspections, assessing, human resource management, and more. The City
is at a point where our locally hosted BS&A solution needs to be
upgraded. BS&A offers an enhanced cloud-based solution. BS&A has
made it clear that they are focusing heavily on their cloud, and the on-
prem version will eventually be retired. They are no longer adding new
features to the on-prem solution. Knowing this, we would like to use this
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upgrade point as an opportunity to move to the BS&A cloud, leveraging all
the latest features it provides. The BS&A cloud will improve the City’s
efficiencies across the board by providing an always-on/available
anywhere software solution.
BS&A software has a long list of municipalities (over 230) in line to be
migrated to the cloud. The project timeline for full migration and user
training is going to be 18-24 months. To enter into this agreement to
upgrade to the cloud, we are responsible for $30,800 this budget year, In
FY 24-25, we will budget $201,675 to cover the remaining upgrade costs
due at project completion. Starting in FY 25-26, BS&A Cloud yearly
support, maintenance, and hosting will cost $132,800, budgeted annually.
We have $10,000 budgeted in 23-24 for a BS&A upgrade. A budget
amendment will happen in the first quarter re-forecast adding the
additional $20,800 to cover the initial cost.
AMOUNT REQUESTED: $30,800
FUND OR ACCOUNT: 101-228-804
STAFF RECOMMENDATION: To authorize City staff to enter into an
agreement with BS&A software for a cloud-hosted ERP solution and
authorize the Mayor to sign.
Action No. 2023-102(b)
Motion by: Commissioner St.Clair
Second by: Commissioner Ramsey
To authorize City staff to enter into an agreement with BS&A software for
a cloud-hosted ERP solution and authorize the Mayor to sign.
Ayes: (5): Mayor Johnson, Commissioner St.Clair, Vice Mayor German,
Commissioner Ramsey, and Commissioner Emory
Absent (2): Commissioner Gorman, and Commissioner Hood
MOTION PASSES (5 to 0)
12. Any Other Business
City Manager Jonathan Seyferth advised that the company providing our
playground equipment is running a half-off grant sale and we will be looking to
replace some equipment and will not be utilizing our normal procurement
procedure.
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Vice Mayor Willie German, Jr. commended the citizens for coming to the
meeting, advised that their input is valued, and encouraged them to continue to
come and be part of the process.
13. Public Comment on Non-Agenda items
Public comments were received.
14. Closed Session
14.a Pending Litigation
Action No. 2023-103(a)
Motion by: Commissioner St.Clair
Second by: Commissioner Ramsey
To go into closed session to consult with our attorneys regarding
settlement strategy in connection with Kathleen Bisard versus City of
Muskegon, Circuit Court for the County of Muskegon, Case No. 21-
002528-NI because an open meeting would have a detrimental financial
effect on the settlement position of the City of Muskegon.
Ayes: (5): Mayor Johnson, Commissioner St.Clair, Vice Mayor German,
Commissioner Ramsey, and Commissioner Emory
Absent (2): Commissioner Gorman, and Commissioner Hood
MOTION PASSES (5 to 0)
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
Adopt the approved settlement as agreed upon.
Ayes: (5): Mayor Johnson, Commissioner St.Clair, Vice Mayor German,
Commissioner Ramsey, and Commissioner Emory
Absent (2): Commissioner Gorman, and Commissioner Hood
MOTION PASSES (5 to 0)
15. Adjournment
The City Commission meeting adjourned at 8:27 p.m.
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Motion by: Commissioner Ramsey
Second by: Commissioner Emory
To adjourn.
MOTION PASSES
_________________________
Respectfully Submitted,
Ann Marie Meisch, MMC - City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10/10/2023 Title: LIHWAP Agreement Extension
Submitted By: Sarah Wilson Department: Treasurer
Brief Summary: Staff is requesting approval to extend our current contract with Mid Michigan
Community Action Agency to participate in the Low Income Household Water Assistance Program.
Detailed Summary & Background: In December of 2021, we entered into a contract with Mid
Michigan Community Action Agency (MMCAA) to participate in the Low Income Household Water
Assistance Program (LIHWAP). The program consisted of funds made available by the State of
Michigan, to be distributed to eligible low-income households, to pay water and sewer arrearages
in order to avoid discontinuance of water service due to non-payment during the COVID
emergency. Those funds were anticipated to be available through September 30, 2023; thus, the
original contract ended on that date.
It has been determined that there are still funds available, so MMCAA has provided us with a
contract extension through 3/31/2024. Unfortunately, we did not receive notice or a copy of this
contract extension until 9/28/2023, and it needed to be signed prior to 9/30/2023 in order to avoid a
lapse in LIHWAP benefits for our residents. Due to the urgent need to protect this benefit for our
residents, our Deputy City Manager has signed the contract, and we are bringing this item to the
Commission today to get your approval for that extension.
Goal/Focus Area/Action Item Addressed: Goal 4: Financial Infrastructure – Decrease infrastructure
burden on residents
Amount Requested: N/A Budgeted Item:
Yes No N/A
X
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
X
Recommended Motion: I move to approve the extension of our contract with Mid Michigan
Community Action Agency in order to continue to receive funds through the Low Income
Household Water Assistance Program through 3/31/2024.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 10, 2023 Title: Final Approval of the Flock LPR
deployment
Submitted By: Chief Kozal, Capt. Bahorski Department: Public Safety
Brief Summary:
Staff is requesting final approval for the purchase and deployment of the FLOCK license plate
reader system.
Detailed Summary & Background:
On May 8th. Chief Kozal and Capt. Bahorski presented to the commission during a work session.
The request was to move forward with the implementation of a 10-camera FLOCK license plate
reader system. That request was supported by the Commission and funding was added to the
budget. The Public Safety Department is prepared to enter into a 2-year agreement with FLOCK to
deploy the system.
Goal/Focus Area/Action Item Addressed: Use of this system will assist the 2027 Goal 1
“Destination Community & Quality of Life”. Staff believes that the use of this system is a proactive
way to reduce the instances and perception of crime in the city thereby positively affecting the
resident’s quality of life and will help attract visitors to the city.
Amount Requested: $72,000 Budgeted Item:
Yes x No N/A
Fund(s) or Account(s): 101-301-977 Budget Amendment Needed:
Yes No x N/A
Recommended Motion:
I move to approve the purchase and deployment of the Flock camera system.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head x
Information Technology Yes
Other Division Heads No x
Communication
Legal Review x
Flock Safety + MI - Muskegon PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:
Matt Wayne
[email protected]
7345586000
EXHIBIT A
ORDER FORM
Customer: MI - Muskegon PD Initial Term: 24 Months
Legal Entity Name: MI - Muskegon PD Renewal Term: 24 Months
Accounts Payable Email: [email protected] Payment Terms: Net 30
Address: 980 Jefferson Street Muskegon, Michigan 49440 Billing Frequency: 50% of Annual Contract + 100% of Implementation Invoiced
at Signing. 25% of Annual Contract Invoiced at First Camera
Validation. 25% of Annual Contract Invoiced at Last Camera
Validation. Annual payments invoiced for remainder of
subscription term.
Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $32,500.00
Flock Safety LPR Products
Flock Safety Falcon ® Included 10 Included
Flock Safety FlockOS Add Ons
Flock Safety Advanced Search $2,500.00 1 $2,500.00
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Standard Implementation Fee $650.00 10 $6,500.00
Subtotal Year 1: $39,000.00
Annual Recurring Subtotal: $32,500.00
Estimated Tax: $0.00
Contract Total: $71,500.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive
renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party
notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $22,750.00
At First Device Installed $8,125.00
At Last Device Installed $8,125.00
Annual Recurring after Year 1 $32,500.00
Contract Total $71,500.00
*Tax not included
Product and Services Description
Flock Safety Platform Items Product Description Terms
An infrastructure-free license plate reader camera that utilizes Vehicle The Term shall commence upon first installation and validation of Flock
Flock Safety Falcon ® Fingerprint® technology to capture vehicular attributes. Hardware.
One-Time Fees Service Description
Installation on existing One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with
infrastructure the Flock Safety Advanced Implementation Service Brief.
Professional Services - Standard One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance
Implementation Fee with the Flock Safety Standard Implementation Service Brief.
Professional Services - One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with
Advanced Implementation Fee the Flock Safety Advanced Implementation Service Brief.
By executing this Order Form, Customer represents and warrants that it has read and
agrees all of the terms and conditions contained in the Terms of Service located at
https://www.flocksafety.com/terms-and-conditions /L1/
The Parties have executed this Agreement as of the dates set forth below.
FLOCK GROUP, INC. Customer: MI - Muskegon PD
\FSSignature2\ \FSSignature1\
By: By:
\FSFullname2\ \FSFullname1\
Name: Name:
\FSTitle2\ \FSTitle1\
Title: Title:
\FSDateSigned2\ \FSDateSigned1\
Date: Date:
PO Number:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 10, 2023 Title: Samaritas Payment in Lieu of Taxes
(PILOT) Agreement
Submitted By: Jake Eckholm Department: Development Services
Brief Summary: City Staff has negotiated and reviewed a Payment in Lieu of Taxes agreement for
commission consideration for an adaptive reuse project at Froebel School into affordable
workforce housing apartments.
Detailed Summary & Background:
For several years staff have been attempting to find a partner that had interest and capacity in the
adaptive reuse of the long-vacant Froebel School building. Since 2019, we have toured more than
10 entities through the school, and held a community meeting offering several touring opportunities
for the public. Through these efforts we have developed interest from Samaritas for the potential
installation of affordable housing units by application to the Michigan Statewide Housing
Development Authority (MSHDA) Low Income Housing Tax Credit (LIHTC) Program. If awarded,
then Samaritas proposes historical preservation and adaptive remodel of the school building into
apartments for low to moderate income residents. The attached agreement establishes their
payment in lieu of taxes as 2% of net shelter rents. Note that this is the lowest proposed PILOT
of our proposed MSHDA submissions. This is due to the facts that we are the owners of this
facility and will incur significant costs to demolish or otherwise redevelop the site, and that
Samaritas is a non-profit housing developer with limited capacity to finance and construct
facilities compared with for-profit housing development firms.
If approved by commission, Samaritas is also proposing a Municipal Services Agreement of 3% of
net shelter rents, for a total annual payment of 5% of rents. The Municipal Services Agreement
(MSA) stays completely with the city to defray costs of public service delivery to the site, while the
PILOT payment is divided proportionally to the other taxing jurisdictions, similar to a traditional
property tax payment.
This item is connected to the Samaritas MSA agenda item, as well as the sales agreement item for
Froebel School.
Goal/Focus Area/Action Item Addressed: Goal 2.1: Diverse Housing Types, Goal 4.3 Increased
Revenue
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: Motion to approve the Contract for Housing Exemption with Samaritas
Affordable Living Froebel Limited Dividend Housing Association Limited Partnership and authorize
the mayor and clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
CITY OF MUSKEGON
CONTRACT FOR HOUSING EXEMPTION
This Agreement between SAMARITAS AFFORDABLE LIVING FROEBEL LIMITED
DIVIDEND HOUSING ASSOCIATION LIMITED PARTNERSHIP, a Michigan
limited partnership (the "Developer") and CITY OF MUSKEGON, 933 Terrace Street, Muskegon,
Michigan (the "City") is made pursuant to the following terms:
RECITALS
A. The City has adopted Chapter 82, Article II "Taxation" of the City Code of
Ordinances, providing for tax exemption (the "Ordinance and provide for a service charge in lieu of
taxes for a housing project for low income persons and families to be financed with a Federally-aided
Mortgage Loan or an advance or grant from the Authority pursuant to the provisions of the State
Housing Development Authority Act of 1966 (1966 PA 346, as amended; MCL 125.1401, et seq.)
(the "Act");
B. It is acknowledged that it is a proper public purpose of the State of Michigan and its
political subdivisions to provide housing for its low-income senior persons and families and to
encourage the development of such housing by providing for a service charge in lieu of property taxes
in accordance with the Act. The City is authorized by this Act to establish or charge the service charge
to be paid in lieu of taxes by any or all classes of housing exempt from taxation under this Act at any
amount it chooses, not to exceed the taxes that would be paid but for this Act. It is further
acknowledged that such housing for low-income persons and families is a public necessity, and as the
City will be benefited and improved by such housing, the encouragement of the same by providing
real estate tax exemption for such housing is a valid public purpose. It is further acknowledged that
the continuance of the provisions of this Ordinance for tax exemption and the service charge in lieu
of all ad valorem taxes during the period contemplated in this Ordinance are essential to the
determination of economic feasibility of the housing projects that is constructed with financing
extended in reliance on such tax exemption.
The City acknowledges that the Sponsor (as defined below) has offered, subject to receipt of
an allocation of Low Income Housing Tax Credits and/or receipt of a Mortgage Loan from the
Michigan State Housing Development Authority, to construct/acquire and rehabilitate, own and
operate a housing project identified as Samaritas Affordable Living Froebel on certain property
located at 417 Jackson Avenue, Muskegon, Michigan in the City (the "Project") to serve low income
persons, and that the Sponsor has offered to pay the City on account of this housing project an annual
service charge for public services in lieu of all ad valorem property taxes.
C. Developer has assumed an agreement to purchase a site in the City of Muskegon (417
Jackson Avenue) for the construction of a proposed low-income housing project as defined in City
Section 82-46 of the Ordinance.
D. Developer and an affiliate of Developer, to be formed, have or will enter into an
agreement to form a limited dividend housing association limited liability company to function as
owner of the proposed low-income housing Project. The owning entity to be formed will be identified
as SAMARITAS AFFORDABLE LIVING FROEBEL LIMITED DIVIDEND HOUSING
ASSOCIATION LIMITED PARTNERSHIP.
E. The City encourages construction and financing of the said low-income housing
project which is identified by the working name of Samaritas Affordable Living Froebel.
F. To further enable and encourage the construction of the housing project, Developer
and the City enter into this Agreement.
G. The legal description of the Project is set forth in Exhibit A attached to this Agreement.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Definitions.
1.1 "Authority" means the Michigan State Housing Development Authority.
1.2. "Annual Shelter Rent" means the total collections during an agreed annual
period from or paid on behalf of all occupants of a housing project representing rent or
occupancy charges, exclusive of Utilities.
1.3. "Contract Rents" means the total Contract Rents (as defined by the U.S.
Department of Housing and Urban Development in regulations promulgated pursuant to
Section 8 of the U.S. Housing Act of 1937, as amended) received in connection with the
operation of a housing project during an agreed annual period, exclusive of Utilities.
1.4. "Low Income Persons and Families" means persons and families eligible to
move into a housing project.
1.5 "Low Income Housing Tax Credits" means credits allocated under Section 42
of the Internal Revenue Code ("LIHTC")
1.6. "Mortgage Loan" means a Federally-Aided Mortgage or loan or grant made or
to be made by the Authority to the Sponsor for the construction and/or permanent financing of
the housing project, and secured by a mortgage on the housing project.
1.7. “Net Shelter Rent” means all collected rents on the subject project property
accounting for point-in-time vacancies.
1.8. "Sponsor" means SAMARITAS AFFORDABLE LIVING FROEBEL
LIMITED DIVIDEND HOUSING ASSOCIATION LIMITED PARTNERSHIP, and any
entity that receives or assumes a Mortgage Loan.
1.9. "Utilities" means charges for gas, electric, water, sanitary sewer and other
utilities furnished to the occupants that are paid by the housing project.
2
1.9 “ Low Income" means persons and families whose is income eligible according
to MSHDA income standards set by the AMI Limits for Muskegon County PMSA.
2. Grant of Exemption. As contemplated and pursuant to Act 346 of the Public Acts of
1966, as amended, the State Housing Development Authority (the "Act"), the City hereby grants an
exemption from all ad valorem property taxes attributable to the buildings which consist of rental units
offered to eligible Low-Income seniors and families as defined above.
3. Term of Exemption. This exemption shall continue for the period the housing units
remain subject to income and rent restrictions pursuant to Section 42 of Internal Revenue Service Codes
of 1986, as amended (IRS Codes), or the Authority Regulatory Agreement not to exceed 25 years.
The City agrees to be contractually bound by this Agreement to honor the exemption status of the
proposed project as provided herein and in this Agreement for the entire period during which the
Project is financed by the Authority or receives low income housing tax credits under Section 42 of
the IRS Codes, provided that the said Mortgage Loan or a loan originally financed by the low income
housing tax credits continues outstanding as more particularly set forth in Section 82-50(3)of the
Ordinance, not to exceed 25 years.
4. Responsibilities of the Developer. The Developer agrees to perform the following:
4.1 The Developer shall pay the service charge and payment in lieu of all ad
valorem taxes on or before July 1, of each year during the time the exemption is in effect. The
service charge shall equal two percent (2 %) percent of the net shelter rents charged for all of
the LIHTC certified units in the exempt housing project for the preceding calendar year,
exclusive of the utility charges paid by the project.
4.2 The Developer agrees to file all information required by the Ordinance and
further to meet its obligations to the Authority in connection with the Authority's
administration of the low income housing tax credit program.
4.3 In lieu of the requirement to submit a statement of annual shelter rents and/or
contract rents within 30 days after December 31, as required by the Ordinance, Developer
shall submit an annual audit by April 1st. If not timely filed, and 30 days after notice to
Developer of said delinquency, a penalty of 1.25% of the service charge shall be imposed.
This penalty shall be collectible in the same manner provided in Section 82-54 of the
Ordinance.
5. Interpretation of Financing. The City agrees that the use of low income housing tax
credits constitutes financing of the loan by the Authority in fulfillment of the requirements of Section
82-50(3) of the Ordinance.
6. Contractual Effect of Ordinance. Notwithstanding the provisions of section 15(a)(5)
of the Act to the contrary, a contract between the City and the Sponsor with the Authority as third
party beneficiary under the contract, to provide tax exemption and accept payments in lieu of taxes,
as previously described, is effectuated by enactment of this Ordinance.
3
7. Payment of Service Charge. The annual service charge in lieu of taxes as determined
under this Ordinance shall be payable in the same manner as general property taxes are payable to the
City and distributed to the several units levying the general property tax in the same proportion as
prevailed with the general property tax in the previous calendar year. The annual payment for each
operating year shall be paid on or before April lst of the following year. Collection procedures shall
be in accordance with the provisions of the General Property Tax Act (1893 PA 206, as amended;
MCL 211.1, et seq.).
8. Limitation on the Payment of Annual Service Charge. Notwithstanding Section 3, the
service charge to be paid each year in lieu of taxes for the part of the housing project that is tax exempt
but which is occupied by other than Low Income persons as defined in section 1.9 shall be equal to the
full amount of the taxes which would be paid on that portion of the housing project if the housing
project were not tax exempt.
9. Counterparts. This Agreement may be executed in several counterparts and an executed
copy hereof may be relied upon as an original.
10. Binding and Benefit. This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective heirs, administrators, personal representatives, successors and
assigns.
11. Effective Date. The effective date of this Agreement is the date that Developer or its
assignee completes construction and receives a temporary or permanent certificate of occupancy from
the City for the Property.
12. Severability. The various sections and provisions of this Agreement shall be deemed
to be severable, and should any section or provision of this Agreement be declared by any court of
competent jurisdiction to be unconstitutional or invalid the same shall not affect the validity of this
Agreement as a whole or any section or provision of this Agreement, other than the section or provision
so declared to be unconstitutional or invalid.
13. Inconsistent Ordinances. All ordinances or parts of ordinances inconsistent or in
conflict with the provisions of this Agreement are of no effect to the extent of such inconsistency or
conflict.
14. Choice of Law; Venue. This Agreement is executed in accordance with, shall be
governed by, and construed and interpreted in accordance with the laws of the State of Michigan. The
parties agree that for purposes of any dispute in connection with this Agreement, the Muskegon County
Circuit Court shall have exclusive personal and subject matter jurisdiction and venue.
IN WITNESS WHEREOF, the parties have signed this Agreement on the following page, on
the dates indicated.
4
CITY OF MUSKEGON
By:
Ken Johnson
Its: Mayor
Dated:
By:
Ann Meisch
Its: City Clerk
Dated:
SAMARITAS AFFORDABLE LIVING FROEBEL
LIMITED DIVIDEND HOUSING ASSOCIATION
LIMITED PARTNERSHIP,
a Michigan limited partnership
By: Samaritas Affordable Living Froebel GP, LLC, a
Michigan limited liability company
Its: General Partner
By: Samaritas, a Michigan non-profit corporation
Its: Sole Member
By:
Print: David J Morin
Its: Interim CEO
Dated: 09/29/23
By:
Print: Cyndie Szczur
Its: Interim CFO
Dated: 10/2/2023
5
EXHIBIT A
LEGAL DESCRIPTION
A PORTION OF THE FOLLOWING DESCRIBED PARCEL TO BE DETERMINED BY A
SURVEY:
CITY OF MUSKEGON REVISED PLAT OF 1903 BLKS 25 & 26 ALSO BLK 27 EXCEPT LOTS
6 & 7 ALSO BLK 24 EXCEPT S 12 FT OF W 1/2 LOT 2 BLK 24
61-24-205-024-0001-00
MJ DMS 31007846v10
September 28, 2023
Muskegon City Commission
933 Terrace St
Muskegon, Michigan 49440
Attn: Jake Eckholm, Economic Development Director and Jonathan Seyfreth, City Manager
Re: Request to the City of Muskegon for a 20 Year, 2% PILOT and 3% MSA (Service
Charge in Lieu of Ad Valorem Property Tax) to facilitate the award of Tax Credits
To the Muskegon City Commission:
Samaritas, a leading human service and housing provider, is working to create the Samaritas
Affordable Living (SAL) Froebel project. This project will be owned and operated by Samaritas
Affordable Living Froebel Limited Dividend Housing Association, Limited Partnership. SAL
Froebel will provide up to 46 desirable new units of housing for individuals and families by
performing an adaptive reuse of the historical Froebel School building at 417 Jackson Avenue in
the city of Muskegon. The two-story school building, in the Jackson Hill neighborhood near
downtown Muskegon, will support and compliment the city’s revitalization efforts that began
several years ago. The project creates up to 46 needed units for residents seeking to live and
work in a beautifully restored historic building on spacious grounds.
The SAL Froebel site offers numerous amenities. It has a 400 person auditorium that will be
available to both residents and community members. The project will bring programs and
partners into this restored theatre space for meaningful experiences and community building. It
is located next to Smith Ryerson Park and boasts its own large green spaces. It is also near the
downtown commercial district which provides retail, services, and restaurants. There is a public
transportation stop on the northeast corner of the parcel. The location allows residents to easily
slip into downtown where they can enjoy various features and attractions in the downtown area,
such as the Muskegon Farmers Market, LC Walker Arena, and the shopping and dining district
on Western Avenue.
The project helps to address the lack of housing in the transition area between the downtown and
the outlying areas of the Muskegon. As an adaptive reuse project, SAL Froebel will restore a
long vacant beautiful building otherwise slated for demolition. The surface parking area will
provide ample spaces on the site. Residents can take advantage of available public transportation
or para-transit opportunities as well as pedestrian and bicycle options.
1
SAL Froebel will be financed with equity from the sale of Low Income Housing Tax Credits,
Historic Tax Credits, a permanent mortgage, a sponsor loan, and a portion of the developer fee
will be deferred with repayment over thirteen years.
The SAL Froebel project is located within an Opportunity Zone census tract and is expected to
create at least two ongoing jobs and at least 43 temporary jobs during the construction period
based on projects of similar size and scope.
Samaritas has designed the project specifically for both individuals and couples of all ages, and
families. Some of them may be working in local retail, service, restaurant, or commercial
businesses and want easy access to their place of employment, along with entertainment in the
vicinity. Some may be searching for housing but high-quality affordable housing simply is not
available. Some may not have enough income to maintain a single-family home. The SAL
Froebel project will provide housing for these residents and will also include shared community
space to meet the need for socializing. By providing a high-quality, attractive independent
living option for individuals and families in an affordable price range, the SAL Froebel project
will have a positive impact on the housing market in the City of Muskegon.
Samaritas is already significantly involved in serving the Muskegon area by managing two
affordable living communities for seniors, SAL Muskegon at 785 Spring Street and Christian
Manor at 1480 McLaughlin, operating five facilities for persons with disabilities, providing
Foster Care and Family Reunification Services, and having a corporate office located at the
Frauenthal Center in downtown Muskegon.
To discuss the possibilities of this request, please contact Joel Lautenbach, Executive Director of
Affordable Living Development at 616-916-0575 or by e-mail at [email protected].
The Samaritas development team thanks you for your consideration of our PILOT and MSA
request which is a key component to being awarded by MSHDA in the competition for Low
Income Housing Tax Credits and being able to completely finance the proposed project. The
2% Pilot and 3% MSA rate at 5% overall helps this blighted building project afford larger
permanent loan and allows for operational funds to be used to maintain the considerable
building being restored. We hope to continue to serve the Muskegon community and to create a
new housing project that we can all be proud of.
Sincerely,
Dave Morin
Interim Chief Executive Officer
Samaritas
2080 Union Avenue
Grand Rapids, Michigan, 49507
2
About Samaritas:
Samaritas, one of the state’s largest faith-based nonprofits, has been sending ripples of positive
change into Michigan communities since 1934. Samaritas serves people of all ages and
backgrounds including providing resettlement services for New Americans, adoption and foster
care, and at-home services, and residential communities for seniors and persons with disabilities,
through assisted living, skilled nursing and memory care. Affordable living residential
communities also are available for independent seniors, families and persons with disabilities.
More than safe harbor in crisis, Samaritas comes through, when others don’t, with a path home.
Samaritas connects all people based on their individual circumstances with the families and
communities that will empower them to live their fullest life possible. Potential fulfilled, those
served then promote the dignity of others, launching into the community an unending ripple
effect of transformation.
For additional information, visit www.samaritas.org.
Qualifications and Experience
Development Team members for this project will include:
Samaritas – Managing General Partner, Developer, Non-profit Sponsor and Management Agent
Pinnacle Construction Group, Inc. – West Michigan based General Contractor
KMG Prestige – Compliance Manager
Chesapeake Community Advisors – Tax Credit Housing Consultant
Samaritas is the Sponsor/Developer of the project. Samaritas, formerly known as Lutheran
Social Services, is an experienced nonprofit developer with locations throughout Michigan
including ownership in four LIHTC properties, five multifamily developments with HUD
financing, and management of six additional independent living HUD properties. Samaritas also
owns and operates four senior living campuses throughout the state that offer independent living,
assisted living, skilled nursing or memory care. Samaritas has been providing social services in
the City of Muskegon and Muskegon County for over forty years. Samaritas will be involved in
all aspects of the project’s development and operations. Samaritas has a successful and proven
track records with both MSHDA and HUD and will provide a strong and experienced ownership
team to provide quality housing. Samaritas has offices in downtown Muskegon at the Frauenthal
Center. The Samaritas Director of Affordable Housing works from our newest community at
785 Spring Street.
3
Project Site and Unit Description
The SAL Froebel site includes the school and grounds, along with an existing surface parking lot
that will be repaved. The edges of the site are bound by Jackson Avenue, Wood Street, Sumner
Avenue and Marshall Street. The historic exterior facade and windows will all be restored. The
first floor includes the entrance vestibules, community room, reception area, management office,
public restrooms and mail/package area. The first floor also contains a magnificent 400 person
auditorium which will be restored and placed into service with community programming and
partnerships. The building also has an interior courtyard for additional green space.
The first floor includes 25 units. The second floor includes 21 units. There will be 46 total
units, a mix of 2 studio, 37 one and 7 two-bedroom apartments.
The project plans for seven project-based vouchers for veterans. All unit rents will be based on
income, with six units at 30% of Area Median Income (AMI), seven units at 40% of AMI,
seventeen units at 60% of AMI, and six at 70% of AMI and, seven units at 80% of AMI.
Project amenities include energy efficient construction and Energy Star rated appliances
including dishwasher, garbage disposal, electric stove with self-cleaning oven and frost-free
refrigerator; wall to wall carpeting in both the living room and bedroom; walk-in closet; in-unit
heating/cooling system with individually controlled thermostat. The first floor includes a
computer/business center, a library, and a coffee bar in the community room.
The site will provide independent living. However, Samaritas will help to provide outside
services that facilitate the health and well-being of all residents. Although this is not permanent
supportive housing, Samaritas will have staff on site and will work directly with residents on
housing and life issues and will help locate outside resources within the community to assist
residents, enabling them to maintain their independence.
Planned services include:
• Out-patient level substance use rehabilitation services
• Physical or behavioral health services
• Behavioral health services
• Youth programming in the theatre space
• Homeownership preparation classes
• Financial literacy classes
4
Location Maps
5
Site Plan
6
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 10, 2023 Title: Samaritas Municipal Services
Agreement
Submitted By: Jake Eckholm Department: Development Services
Brief Summary: City Staff has negotiated and reviewed a Payment in Lieu of Taxes agreement for
commission consideration for an adaptive reuse project at Froebel School into affordable
workforce housing apartments.
Detailed Summary & Background:
For several years staff have been attempting to find a partner that had interest and capacity in the
adaptive reuse of the long-vacant Froebel School building. Since 2019, we have toured more than
10 entities through the school, and held a community meeting offering several touring opportunities
for the public. Through these efforts we have developed interest from Samaritas for the potential
installation of affordable housing units by application to the Michigan Statewide Housing
Development Authority (MSHDA) Low Income Housing Tax Credit (LIHTC) Program. If awarded,
then Samaritas proposes historical preservation and adaptive remodel of the school building into
apartments for low to moderate income residents. The attached agreement establishes their
Municipal Services Agreement at 3% of shelter rents.
If approved by commission, Samaritas is also proposing a PILOT payment of 2% of net shelter
rents, for a total annual payment of 5% of rents. The Municipal Services Agreement (MSA) stays
completely with the city to defray costs of public service delivery to the site, while the PILOT
payment is divided proportionally to the other taxing jurisdictions, similar to a traditional property
tax payment.
This item is connected to the Samaritas PILOT agenda item, as well as the sales agreement item
for Froebel School.
Goal/Focus Area/Action Item Addressed: Goal 2.1: Diverse Housing Types, Goal 4.3 Increased
Revenue
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: Motion to approve the Municipal Services Agreement with Samaritas
Affordable Living Froebel Limited Dividend Housing Association Limited Partnership and authorize
the mayor and clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
MUNICIPAL SERVICES AGREEMENT
THIS MUNICIPAL SERVICES AGREEMENT (“Agreement”) is entered into on
this___ day of O c t o b e r , 2023 between SAMARITAS AFFORDABLE
LIVING FROEBEL LIMITED DIVIDEND HOUSING ASSOCIATION
LIMITED PARTNERSHIP, a Michigan limited partnership its successors and/or
assigns (the “Developer”) and the CITY OF MUSKEGON, 933 Terrace Street,
Muskegon, MI 49440 (the “City”) is made pursuant to the following terms:
RECITALS
A. Developer has assumed an agreement to purchase a site in the City of Muskegon
known as 417 Jackson Avenue for the construction of a proposed low-income housing project (the
“Project”).
B. The parties recognize that due to the high concentration of persons residing at
the Project that the City will be providing a higher level and greater amount of Municipal Services
(as defined in this Agreement) to the Project.
C. The City, through its Police and Fire Departments and otherwise, provides
Municipal Services within the City. The Project will have special needs for these types of
Municipal Services and Developer acknowledges that such needs may be greater than typically
situated residential developments.
D. The Developer desires to guarantee that certain Municipal Services will be provided
to the Project during the term that the Payment in Lieu of Tax (hereinafter referred to as the
“Contract for Housing Exemption”) Ordinance for this Project is in place, such Municipal Services
to include, but not be limited to:
1. Emergency services, including police and fire services specifically administered
through the City, and, on public streets and sidewalks, maintenance, repair, snow removal,
and street lighting; also to include other matters as the City deems necessary;
2. Other miscellaneous services as may, from time to time, be mutually agreed to for
the benefit of the Project;
3. Said municipal services shall be provided in the customary way and in accordance
with all laws, rules and regulations of the United States of America, State of Michigan,
County of Muskegon and City of Muskegon or other applicable jurisdictions or bodies.
(All of the above collectively referred to as “Municipal Services”)
4. Nothing in this Agreement shall be deemed to waive any defense to claims based
on sovereign or governmental immunity.
AGREEMENT
The parties agree as follows:
1. Provision of Services. The City will provide the Municipal Services.
2. Payment. The Developer shall pay a service charge on or before July 1, of each
year during the time the CONTRACT FOR HOUSING EXEMPTION is in effect. (“Municipal
Services Fee”). The Municipal Service Fee shall be three (3%) percent of the net rent adjusted for
vacancies received annually, excluding project paid utilities, starting during the calendar year that
a unit in the Project is placed in service. The first year shall be pro-rated based on that portion of
the City’s fiscal year (July 1 – June 30) that any unit is ready to be placed in service.
3. Term. Payment for Municipal Services shall commence during the calendar year
the CONTRACT FOR HOUSING EXEMPTION Ordinance becomes effective and continue for
as long as the CONTRACT FOR HOUSING EXEMPTION is in effect.
4. Audit. Developer shall submit, upon request, a copy of the annual audit of the
Project prepared by independent CPA’s along with the payment of the service charge.
5. Exclusive Benefit. The obligations of the Developer hereunder are imposed solely
and exclusively for the benefit of the City and no other person or entity shall have the standing to
enforce such obligations or be deemed to be beneficiaries of such obligations.
6. Remedies. The Developer agrees that if it does not perform its obligations under
this Agreement the City is entitled to pursue any and all remedies legal or equitable that it is entitled
to under Michigan law. The Developer agrees to be liable for all costs of collection including
reasonable attorney's fees and costs incurred by the City in the enforcement of the terms of this
Agreement, if Developer is found to be in default of this Agreement by a court of competent
jurisdiction.
7. Assignment. Upon the written consent of the City, the Developer may transfer or
assign its rights and obligations under this Agreement to a buyer (“Transferee”) of the Project. The
Transferee must agree to assume the Developer’s obligations under this Agreement and the
Development Agreement which has been executed by the Developer with the City. Upon
assignment and assumption of this Agreement by the Transferee (or an affiliate, as provided
below), the Developer shall be relieved of any further liabilities or obligations accruing under this
Agreement or the Development Agreement. Notwithstanding the foregoing, the Developer may
assign this Agreement, without the written consent of the City, to an affiliate of Developer
(provided that such affiliate agrees to assume the Developer's obligations hereunder and provided
that the Developer and assignee give prior notice of the assignment to the City with evidence that
the assignee has agreed to assume the obligations of the Developer).
8. Severability. If any term or condition of this Agreement is found to be void,
invalid, or unenforceable, the validity or enforceability of the remaining terms and conditions shall
not be affected or impaired and will continue in full force and effect.
9. Notices. All notices under this Agreement must be in writing and sent to the
respective parties as follows:
If to Developer:
SAMARITAS AFFORDABLE LIVING FROEBEL LIMITED DIVIDEND
HOUSING ASSOCIATION LIMITED PARTNERSHIP
Attn: David Morin,
Interim CEO Samaritas
8131 E. Jefferson
Detroit, MI 48214
with a copy to:
Matt B.Van Dyk, Attorney at Law
Miller Johnson
100 W. Michigan Ave., Suite 200
Kalamazoo, MI 49007
If to the City:
City of Muskegon
Attn: City Manager
933 Terrace Street
Muskegon, MI 49440
Every notice must be in writing and sent by one of the following methods:
a. Personal delivery, in which case delivery shall be deemed to occur the day of the
delivery;
b. Certified or registered mail, postage prepaid, return receipt requested, in which case
delivery shall be deemed to occur the day it is officially recorded by the U.S. Postal Service
that is has delivered it to the intended recipient; or
c. Next day delivery by a recognized private delivery service such as Federal Express,
providing proof of mailing and delivery comparable to certified or registered mail, return
receipt requested, in which case delivery shall be deemed to occur upon delivery as
recorded by the delivery service.
Either party may change the address provided in this paragraph for itself or its attorney by
providing notice of such change to the other party as required in this paragraph.
10. No Waiver. No delay, omission, or failure of the City to act under this Agreement
or to insist upon strict compliance with any term and condition of this Agreement, and no custom
or practice of the parties at variance with the terms and conditions of this Agreement shall
constitute a waiver of City’s right to demand exact compliance with this Agreement. No waiver
of any right or remedy of City shall be construed as a bar to or a waiver of any such right or
remedy on any future occasion.
11. Headings. The headings in this Agreement have only been inserted for
convenience and shall not affect the meaning or interpretation of this Agreement. No heading
shall have any legal significance of any nature whatsoever.
12. Binding Effect. This Agreement shall be binding on the parties, their heirs,
successors, and assigns.
13. Amendments. There shall be no modification or amendments to this Agreement,
including this section, unless they are in writing and signed by all the parties to this Agreement.
14. Governing Law. This Agreement has been executed in the State of Michigan, and
shall be governed by Michigan law.
15. Complete Agreement. This Agreement contains the entire agreement between
the parties and supersedes all prior oral or written representations, negotiations and agreement on
the subject matter stated herein.
{Signatures on next page}
Municipal Services Agreement
Signature Page
IN WITNESS WHEREOF, this Municipal Services Agreement is executed as of the day and year
first written above.
City of Muskegon
Dated: , 2023 By:
Ken Johnson, Mayor
Dated: , 2023 By:
Ann Meisch, City Clerk
SAMARITAS AFFORDABLE LIVING FROEBEL
LIMITED DIVIDEND HOUSING ASSOCIATION
LIMITED PARTNERSHIP, a
Michigan limited partnership
By:
SAMARITAS AFFORDABLE LIVING
FROEBEL GP, LLC a Michigan limited liability
company
By: SAMARITAS,
a Michigan non-profit corporation,
Sole Member
Name: David Morin
Its: Interim CEO
Date: 09/29/23
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 10, 2023 Title: Spire Development, Allen Crossing
PILOT Agreement
Submitted By: Jake Eckholm Department: Development Services
Brief Summary: City Staff has negotiated and reviewed a Payment in Lieu of Taxes and Municipal
Services agreement for commission consideration for a new construction 45 unit Senior
workforce/family affordable housing complex at and around 148 Allen Avenue.
Detailed Summary & Background:
Pursuant to our 5 Year Housing Needs Assessments call for over 1,000 rental units priced under
$1,430 a month, staff has made overtures and established relationships with several new Low
Income Housing Tax Credit (LIHTC) developers. Spire Development originally responded to our
request for proposals at the former Catholic Charities site, and when they were not selected by
commission for that project we immediately introduced them to the site owners of this subject
property.
Per their request letter, Spire is seeking a PILOT Agreement of 6% of net shelter rents. This should
equal roughly $20,000-24,000 per year for all taxing jurisdictions to split. Spire is also requesting a
3% Municipal Services Charge, which is detailed in another agenda item in the packet.
Goal/Focus Area/Action Item Addressed: Goal 2.1: Diverse Housing Types, Goal 4.3 Increased
Revenue
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: Motion to approve the Contract for Housing Exemption with Allen Crossing
Limited Dividend Housing Association Limited Partnership and authorize the mayor and clerk to
sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
CITY OF MUSKEGON
CONTRACT FOR HOUSING TAX EXEMPTION
This Contract for Housing Tax Exemption (this “Agreement”) is effective on the date of
execution by the last party to execute this Agreement by and between ALLEN CROSSING
LIMITED DIVIDEND HOUSING ASSOCIATION LIMITED PARTNERSHIP, a Michigan
limited partnership, located at 330 West Spring Street, Suite 430, Columbus, Ohio 43215 (the
"Developer"), and the CITY OF MUSKEGON, located at 933 Terrace Street, Muskegon, Michigan
49440-1397 (the "City") pursuant to the following terms.
RECITALS
A. The City has adopted Chapter 82 “Taxation”, Article II " Ad Valorem Property
Taxation", Division 2 “Residential Housing Projects and Payments in Lieu Of Taxes” of the City
Code of Ordinances, providing for real property tax exemption (the "Ordinance”) and to provide
for a service charge in lieu of taxes for a housing project for low income persons and families to be
financed with a Federally-aided Mortgage Loan or an advance or grant from the Authority pursuant
to the provisions of the State Housing Development Authority Act of 1966 (1966 PA 346, as
amended; MCL 125.1401, et seq.) (the "Act");
B. It is acknowledged that it is a proper public purpose of the State of Michigan and its
political subdivisions to provide housing for its low-income seniors, individuals, and families and
to encourage the development of such housing by providing for a service charge in lieu of real
property taxes in accordance with the Act. The City is authorized by the Act and the Ordinance to
establish or charge the service charge to be paid in lieu of taxes by any or all classes of housing
exempt from taxation under this Act at any amount it chooses, not to exceed the taxes that would
be paid by the Developer but for this Act. It is further acknowledged that such housing for low-
income seniors, individuals, and families is a public necessity, and as the City will be benefited and
improved by such housing, the encouragement of the same by providing real estate tax exemption
for such housing is a valid public purpose. It is further acknowledged that the continuance of the
provisions of the Ordinance for tax exemption and the service charge in lieu of all ad valorem taxes
during the period contemplated in the Ordinance are essential to the determination of economic
feasibility of the housing projects that is constructed with financing extended in reliance on such
tax exemption.
The City acknowledges that the Sponsor (as defined below) has offered, subject to receipt
of an allocation of Low Income Housing Tax Credits and/or receipt of a Mortgage Loan from the
Michigan State Housing Development Authority (the “Authority”), to acquire, construct, own and
operate a low income housing project identified as Allen Crossing on certain property located at
and around 148 Allen Avenue, Muskegon, Michigan in the City (the "Project" or “Housing
Project”) to serve low income persons, and that the Sponsor has offered to pay the City on account
of this housing project an annual service charge for public services in lieu of all ad valorem property
taxes.
C. Developer has entered into purchase agreement to acquire the real property in the
1
City of Muskegon (148 Allen Avenue) for the construction of the proposed low-income Housing
Project as defined in City Section 82-46 of the Ordinance.
D. Developer or an affiliate of Developer will cause to be formed with the Department
of Licensing and Regulatory Affairs of the State of Michigan a limited dividend housing
association limited partnership to function as the owner of the proposed Housing Project. The owning
entity to be formed will be identified as ALLEN CROSSING LIMITED DIVIDEND HOUSING
ASSOCIATION LIMITED PARTNERSHIP.
E. The City encourages construction and financing of the said low-income Housing
Project which is identified by the working name of Allen Crossing.
F. To further enable and encourage the construction of the Housing Project, the
Developer, and the City enter into this Agreement.
G. The legal description of the Housing Project is set forth in Exhibit A attached to this
Agreement.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Definitions.
1.1 "Authority" means the Michigan State Housing Development Authority.
1.2. "Annual Shelter Rent" means the total collections during an agreed annual
period from or paid on behalf of all occupants of a housing project representing rent or
occupancy charges less the cost of Utilities.
1.3. "Contract Rents" means the total Contract Rents (as defined by the U.S.
Department of Housing and Urban Development in regulations promulgated pursuant to
Section 8 of the U.S. Housing Act of 1937, as amended) received in connection with the
operation of a housing project during an agreed annual period, exclusive of Utilities.
1.4. "Low Income Persons and Families" means persons and families eligible to
move into a housing project whose head of household is at least 55 years of age and income
eligible according to the U.S. Department of Housing & Urban Development (“HUD”) area
median income limits for the Muskegon, Michigan Metropolitan Statistical Area (“MSA”).
1.5. "Low Income Housing Tax Credits" or “LIHTC” or “LIHTC Program” means
tax credits allocated under Section 42 of the Internal Revenue Code of 1986, as amended.
1.6. "Mortgage Loan" means a loan that is Federally-Aided (as defined in Section
11 of the Act) or a loan or grant made or to be made by the Authority to the Sponsor for the
construction, rehabilitation, acquisition and/or permanent financing of a housing project,
and secured by a mortgage on the housing project.
2
1.7. "Sponsor" means ALLEN CROSSING LIMITED DIVIDEND HOUSING
ASSOCIATION LIMITED PARTNERSHIP, and any entity that receives or assumes a
Mortgage Loan.
1.8. "Utilities" means charges for gas, electric, water, sanitary sewer and other
utilities furnished to the occupants that are paid by the housing project.
2. Class of Housing Projects. As contemplated and pursuant to the Act, it is determined
that the class of housing projects to which the tax exemption shall apply and for which a service
charge shall be paid in lieu of such taxes shall be housing projects for Low Income persons and
families that are financed with a Mortgage Loan. The City hereby grants an exemption from all ad
valorem property taxes attributable to the Housing Project which consist of rental units offered to
eligible Low-Income seniors and families as defined above. The City agrees that the use of LIHTC
constitutes financing of the loan by the Authority in fulfillment of the requirements of Section 82-
50(3) of the Ordinance. It is further determined that Allen Crossing will be of this class.
3. Establishment of Annual Service Charge.
The Housing Project identified Allen Crossing and the property on which it will be located
shall be exempt from all ad valorem property taxes from and after the commencement of construction
or rehabilitation. The City acknowledges that the Sponsor and the Authority have established the
economic feasibility of the housing project in reliance upon the enactment and continuing effect of
the Ordinance, and the qualification of the housing project for exemption from all ad valorem
property taxes and a payment in lieu of taxes as established in the Ordinance. Therefore, in
consideration of the Sponsor's offer to construct and operate the housing project, the City agrees to
accept payment of an annual service charge for public services in lieu of all ad valorem property
taxes. Subject to receipt of a Mortgage Loan, the annual service charge shall be equal to 6% of the
Annual Shelter Rents actually collected by the housing project during each operating year.
4. Responsibilities of the Developer. The Developer agrees to perform the following:
4.1 The Developer shall pay the annual service charge and payment in lieu of all
ad valorem taxes in the same manner as general property taxes are payable to the City and
distributed to the several units levying the general property tax in the same proportion as
prevailed with the general property tax in the previous calendar year. The annual payment
for each operating year shall be paid on or before July 1 of the following year.
4.2 The service charge shall equal six percent (6%) of the Annual Shelter Rents
actually collected by the Housing Project during each operating year.
4.3 The Developer agrees to file all information required by the Ordinance and
further to meet its obligations to the Authority in connection with the Authority's
administration of the LIHTC program.
4.4 In lieu of the requirement to submit a statement of Annual Shelter Rents
within 30 days after December 31, as required by the Ordinance, Developer shall submit
an annual audit by April 1st. If not timely filed, and 30 days after notice to Developer of said
3
delinquency, a penalty of 1.25% of the service charge shall be imposed. This penalty shall
be collectible in the same manner provided in Section 82-54 of the Ordinance.
5. Contractual Effect of the Ordinance. Notwithstanding the provisions of Section
15(a)(5) of the Act to the contrary, a contract between the City and the Sponsor with the Authority
as third party beneficiary under the contract, to provide tax exemption and accept payments in lieu
of taxes, as previously described, is effectuated by enactment of the Ordinance.
6. Limitation on the Payment of Annual Service Charge. Notwithstanding Section 3, the
service charge to be paid each year in lieu of ad valorem taxes for the part of the housing project
that is tax exempt but which is occupied by other than low income persons or families (as defined
in Section 1.4) shall be equal to the full amount of the taxes which would be paid on that portion of
the housing project if the housing project were not tax exempt.
7. Payment of Service Charge. The annual service charge in lieu of taxes as determined
under the Ordinance shall be payable in the same manner as general property taxes are payable to
the City and distributed to the several units levying the general property tax in the same proportion
as prevailed with the general property tax in the previous calendar year. The annual payment for
each operating year shall be paid on or before April 1 of the following year. Collection procedures
shall be in accordance with the provisions of the General Property Tax Act (1893 PA 206, as
amended; MCL 211.1, et seq.).
8. Duration. The Ordinance and this Agreement shall remain in effect and shall not
terminate so long as a Mortgage Loan remains outstanding and unpaid and or the Housing Project
remains subject to income and rent restrictions under Section 42 of the Internal Revenue Code of
1986, as amended (the “Code”), or the Regulatory Agreement of the Authority not to exceed 25
years. The City agrees to be contractually bound by this Agreement to honor the exemption status
of the proposed Project as provided herein for the entire period during which the Project is financed
by the Authority or receives LIHTC under the Code, provided that said Mortgage Loan or a loan
originally financed by the LIHTC continues outstanding as more particularly set forth in Section
82-50(3)of the Ordinance, not to exceed 25 years.
9. Severability. The various sections and provisions of the Ordinance and this
Agreement shall be deemed to be severable, and should any section or provision of this Agreement
be declared by any court of competent jurisdiction to be unconstitutional or invalid the same shall
not affect the validity of the Ordinance and this Agreement, other than the section or provision so
declared to be unconstitutional or invalid.
10. Inconsistent Ordinances. All ordinances or parts of ordinances inconsistent or in
conflict with the provisions of this Agreement are of no effect to the extent of such inconsistency
or conflict.
11. Effective Date. The Ordinance is in full force and effect, and this Agreement shall
become effective on the date of this Agreement is entered into, as provided in the City Charter.
12. Counterparts. This Agreement may be executed in several counterparts all of which
4
shall constitute one agreement, binding on all parties hereto, notwithstanding that all the parties are
not signatories to the same counterpart.
13. Binding and Benefit. This Agreement shall inure to the benefit of, be binding upon,
and be enforceable by and against the parties hereto, their heirs, executors, administrators,
successors, and assigns.
14. Choice of Law; Venue. This Agreement is executed in accordance with, shall be
governed by, and construed and interpreted in accordance with the laws of the State of Michigan.
The parties agree that for purposes of any dispute in connection with this Agreement, the Muskegon
County Circuit Court shall have exclusive personal and subject matter jurisdiction and venue.
[Remainder of page intentionally left blank.]
5
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the dates
indicated below.
CITY OF MUSKEGON
By:
Print Name: Ken Johnson
Its: Mayor
Dated:
By:
Print Name: Ann Meisch
Its: City Clerk
Dated:
ALLEN CROSSING LIMITED DIVIDEND
HOUSING ASSOCIATION LIMITED
PARTNERSHIP,
a Michigan limited partnership
By: Allen Crossing GP, LLC,
Its: General Partner
By: Spire Real Estate Holdings, LLC,
Its: Sole Member
By:
Print Name:
Its: Authorized Member
Dated:
6
EXHIBIT A
LEGAL DESCRIPTION
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 10, 2023 Title: Spire Development, Allen Crossing
Municipal Services Agreement
Submitted By: Jake Eckholm Department: Development Services
Brief Summary: City Staff has negotiated and reviewed a Payment in Lieu of Taxes and Municipal
Services agreement for commission consideration for a new construction 45 unit Senior
workforce/family affordable housing complex at and around 148 Allen Avenue.
Detailed Summary & Background:
Pursuant to our 5 Year Housing Needs Assessments call for over 1,000 rental units priced under
$1,430 a month, staff has made overtures and established relationships with several new Low
Income Housing Tax Credit (LIHTC) developers. Spire Development originally responded to our
request for proposals at the former Catholic Charities site, and when they were not selected by
commission for that project we immediately introduced them to the site owners of this subject
property.
Per their request letter, Spire is seeking a Municipal Services Agreement of 3% of net shelter
rents. This should equal roughly $10,000-$12,000 per year. Spire is also requesting a 6% PILOT,
which is detailed in another agenda item in the packet.
Goal/Focus Area/Action Item Addressed: Goal 2.1: Diverse Housing Types, Goal 4.3 Increased
Revenue
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: Motion to approve the Municipal Services Agreement with Allen Crossing
Affordable Living Froebel Limited Dividend Housing Association Limited Partnership and authorize
the mayor and clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
MUNICIPAL SERVICES AGREEMENT
THIS MUNICIPAL SERVICES AGREEMENT (this “Agreement”) is entered into on
this ___ day of October, 2023 by and between ALLEN CROSSING LIMITED DIVIDEND
HOUSING ASSOCIATION LIMITED PARTNERSHIP, a Michigan limited partnership, its
successors and/or assigns (the “Developer”) and the CITY OF MUSKEGON, 933 Terrace Street,
Muskegon, MI 49440 (the “City”) is made pursuant to the following terms:
RECITALS
A. Developer has entered into contract(s) to purchase real property in the City
of Muskegon, Muskegon County, Michigan known as 148 Allen Avenue for the acquisition,
construction, and operation of a low-income housing project to be known as Allen Crossing (the
“Project”).
B. The parties recognize that due to the increased concentration of persons
residing at the Project that the City will provide a higher level and greater amount of Municipal
Services (as defined below) to the Project.
C. The City through its Police Department, Fire Department, and otherwise,
provides Municipal Services within the City. The Project will have special needs for these types
of Municipal Services and Developer acknowledges that such needs may be greater than typically
situated residential developments.
D. The Developer desires to guarantee by payment of a Municipal Services
Fee (as defined below) that certain Municipal Services will be provided to the Project during the
entire term and duration of that certain Contract for Housing Tax Exemption between the City and
Developer pursuant to Chapter 82 of the City Code of Ordinances (the “PILOT Ordinance”).
E. The Municipal Services the City intends to provide shall include, but not be
limited to the following:
1. Emergency services, including police and fire services specifically
administered through the City, and, on public streets and sidewalks,
maintenance, repair, snow removal, and street lighting; also to include other
matters as the City deems necessary; City shall determine the level of
municipal services in it’s sole discretion.
2. Other miscellaneous services as may, from time to time, be mutually agreed
to for the benefit of the Project; and
3. Said Municipal Services shall be provided in the customary way and in
accordance with all laws, rules and regulations of the United States of
America, State of Michigan, County of Muskegon, and City of Muskegon
or other applicable jurisdictions or bodies.
(All of the above are collectively referred to as “Municipal Services.”)
F. The parties acknowledge that nothing in this Agreement shall be deemed to waive
any defense to claims based on sovereign or governmental immunity.
AGREEMENT
The parties agree as follows:
1. Incorporation of Recitals. The Recitals to this Agreement are incorporated into and
shall constitute a part of this Agreement.
2. Provision of Services. The City will provide the Municipal Services to the Project for
the benefit of the Developer pursuant to the terms and conditions herein.
3. Payment. The Developer shall pay a service charge for the Municipal Services on or
before July 1, of each year during the term and duration of the PILOT Contract for
Housing Exemption. The service charge shall be three (3%) percent of the Annual
Shelter Rents as defined in the PILOT Ordinance, excluding Project paid utilities,
starting during the calendar year that the first unit in the Project is placed in service
(“Municipal Services Fee”). The Developer shall pay a pro rata portion of the Municipal
Services Fee for first year the Project is placed into service based upon the number of
units actually in service during the fiscal year of the City (July 1 through June 30).
4. Term. Payment for the Municipal Services shall commence upon the placed in service
date of the Project and continue for as long as the PILOT Ordinance is in effect.
5. Audit. Developer shall submit together with the payment of the Municipal Services Fee
a copy of the annual audit of the Project prepared by an independent certified public
accountant.
6. Exclusive Benefit. The obligations of the Developer and the City hereunder are
imposed solely and exclusively for the benefit of one and other, and no other persons or
entities shall have standing to enforce such obligations or be deemed to be third party
beneficiaries of such obligations.
7. Remedies. If the Developer fails to perform its obligations under this Agreement, the
City may declare the Developer is in default by providing written notice to the
Developer. The Developer shall have 30 days to cure such default, or such additional
time as necessary if the nature of the default cannot be cured within 30 days so long as
the Developer is actively pursuing a cure to the reasonable satisfaction of the City. Upon
the expiration of the cure period, the City may pursue any and all remedies, legal or
equitable, that it is entitled to under the laws of the State of Michigan. Furthermore, the
Developer will be liable for all costs of collection for unpaid Municipal Services Fee
including reasonable attorney's fees and actual costs incurred by the City in the
enforcement of the terms of this Agreement if Developer adjudicated to be in default of
this Agreement by a court of competent jurisdiction beyond the time for appeal. If the
City fails to perform its obligations under this Agreement, the Developer may declare
the City is in default by providing written notice to the City. The City shall have 30
days to cure such default, or such additional time as necessary if the nature of the default
cannot be cured within 30 days so long as the City is actively pursuing a cure to the
reasonable satisfaction of the Developer. Upon the expiration of the cure period, the
Developer may pursue any and all remedies, legal or equitable, that it is entitled to under
the laws of the State of Michigan.
8. Assignment. Upon the written consent of the City, the Developer may transfer or assign
its rights and obligations under this Agreement to a third-party buyer (“Transferee”) of
the Project. The Transferee must agree to assume the Developer’s obligations under this
Agreement and the PILOT Ordinance which has been executed by the Developer and
the City. Upon assignment and assumption of this Agreement by the Transferee (or an
affiliate, as provided below), the Developer shall be relieved of any further liabilities or
obligations accruing under this Agreement or the PILOT Ordinance. Notwithstanding
the foregoing, the Developer may assign this Agreement, without the written consent of
the City, to an affiliate of Developer (provided that such affiliate agrees to assume the
Developer's obligations hereunder and provided that the Developer and assignee give
prior notice of the assignment to the City with evidence that the assignee has agreed to
assume the obligations of the Developer under this Agreement and the PILOT
Ordinance.
9. Severability. If any term or condition of this Agreement is found to be void, invalid, or
unenforceable, the validity or enforceability of the remaining terms and conditions shall
not be affected or impaired and will continue in full force and effect.
10. Notices. All notices under this Agreement must be in writing and sent to the respective
parties as follows:
If to Developer: Allen Crossing Limited Dividend Housing Association
Limited Partnership
330 West Spring Street, Suite 430
Columbus, Ohio 43215
Attn: Thomas A. Grywalski
If to the City: City of Muskegon
933 Terrace Street
Muskegon, MI 49440
Attn: City Manager
Every notice must be in writing and sent by one of the following methods:
a. Personal delivery, in which case delivery shall be deemed to occur the day
of the actual delivery;
b. Certified or registered mail, postage prepaid, return receipt requested, in
which case delivery shall be deemed to occur the day it is officially
recorded by the U.S. Postal Service that is has delivered it to the intended
recipient; or
c. Next day delivery by a recognized private delivery service such as Federal
Express, providing proof of mailing and delivery comparable to certified
or registered mail, return receipt requested, in which case delivery shall
be deemed to occur upon delivery as recorded by the delivery service.
Either party may change the address provided in this Section 10 by providing
notice of such change to the other party as required in this paragraph.
11. No Waiver. No delay, omission, or failure of the City to act under this Agreement or to
insist upon strict compliance with any term and condition of this Agreement, and no
custom or practice of the parties at variance with the terms and conditions of this
Agreement shall constitute a waiver of City’s right to demand exact compliance with
this Agreement. No waiver of any right or remedy of City shall be construed as a bar to
or a waiver of any such right or remedy on any future occasion.
12. Headings. The headings in this Agreement have only been inserted for convenience and
shall not affect the meaning or interpretation of this Agreement. No heading shall have
any legal significance of any nature whatsoever.
13. Binding Effect. This Agreement shall inure to the benefit of, be binding upon, and be
enforceable by and against the parties hereto, their heirs, executors, administrators,
successors, and assigns.
14. Amendments. There shall be no modification or amendments to this Agreement,
including this section, unless they are in writing and signed by all the parties to this
Agreement.
15. Governing Law. This Agreement has been executed in the State of Michigan and shall
be governed by the laws of the State of Michigan.
16. Complete Agreement. This Agreement contains the entire agreement between the
parties and supersedes all prior oral or written representations, negotiations and
agreement on the subject matter stated herein.
17. Counterparts. This Agreement may be executed in several counterparts all of which
shall constitute one agreement, binding on all parties hereto, notwithstanding that all the
parties are not signatories to the same counterpart.
[Remainder of page intentionally left blank, signatures on next page.]
Municipal Services Agreement
Signature Page
IN WITNESS WHEREOF, this Municipal Services Agreement is executed as of the day
and year first written above.
CITY:
CITY OF MUSKEGON
Dated: _____________, 2023 By:
Ken Johnson, Mayor
Dated: _ ___________, 2023 By:
Ann Meisch, City Clerk
DEVELOPER:
ALLEN CROSSING LIMITED DIVIDEND
HOUSING ASSOCIATION LIMITED
PARTNERSHIP,
a Michigan limited partnership
By: Allen Crossing GP, LLC,
Its General Partner
Dated: _____________, 2023 By:
Print Name:
Its: Authorized Agent
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 10, 2023 Title: Spire Development, Amity Commons
PILOT Agreement
Submitted By: Jake Eckholm Department: Development Services
Brief Summary: City Staff has negotiated and reviewed a Payment in Lieu of Taxes and Municipal
Services agreement for commission consideration for a new construction 50-unit workforce/family
affordable housing complex at and around 159 Amity Avenue.
Detailed Summary & Background:
Pursuant to our 5 Year Housing Needs Assessments call for over 1,000 rental units priced under
$1,430 a month, staff has made overtures and established relationships with several new Low
Income Housing Tax Credit (LIHTC) developers. Spire Development originally responded to our
request for proposals at the former Catholic Charities site, and when they were not selected by
commission for that project we immediately introduced them to the site owners of this subject
property.
Per their request letter, Spire is seeking a PILOT Agreement of 5% of net shelter rents. This should
equal roughly $16,500-20,000 per year for all taxing jurisdictions to split. Spire is also requesting a
3% Municipal Services Charge, which is detailed in another agenda item in the packet.
Goal/Focus Area/Action Item Addressed: Goal 2.1: Diverse Housing Types, Goal 4.3 Increased
Revenue
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: Motion to approve the Contract for Housing Exemption with Amity
Commons Limited Dividend Housing Association Limited Partnership and authorize the mayor and
clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
CITY OF MUSKEGON
CONTRACT FOR HOUSING TAX EXEMPTION
This Contract for Housing Tax Exemption (this “Agreement”) is effective on the date of
execution by the last party to execute this Agreement by and between AMITY COMMONS
LIMITED DIVIDEND HOUSING ASSOCIATION LIMITED PARTNERSHIP, a Michigan
limited partnership, located at 330 West Spring Street, Suite 430, Columbus, Ohio 43215 (the
"Developer"), and the CITY OF MUSKEGON, located at 933 Terrace Street, Muskegon, Michigan
49440-1397 (the "City") pursuant to the following terms.
RECITALS
A. The City has adopted Chapter 82 “Taxation”, Article II " Ad Valorem Property
Taxation", Division 2 “Residential Housing Projects and Payments in Lieu Of Taxes” of the City
Code of Ordinances, providing for real property tax exemption (the "Ordinance”) and to provide
for a service charge in lieu of taxes for a housing project for low income persons and families to be
financed with a Federally-aided Mortgage Loan or an advance or grant from the Authority pursuant
to the provisions of the State Housing Development Authority Act of 1966 (1966 PA 346, as
amended; MCL 125.1401, et seq.) (the "Act");
B. It is acknowledged that it is a proper public purpose of the State of Michigan and its
political subdivisions to provide housing for its low-income seniors, individuals, and families and
to encourage the development of such housing by providing for a service charge in lieu of real
property taxes in accordance with the Act. The City is authorized by the Act and the Ordinance to
establish or charge the service charge to be paid in lieu of taxes by any or all classes of housing
exempt from taxation under this Act at any amount it chooses, not to exceed the taxes that would
be paid by the Developer but for this Act. It is further acknowledged that such housing for low-
income seniors, individuals, and families is a public necessity, and as the City will be benefited and
improved by such housing, the encouragement of the same by providing real estate tax exemption
for such housing is a valid public purpose. It is further acknowledged that the continuance of the
provisions of the Ordinance for tax exemption and the service charge in lieu of all ad valorem taxes
during the period contemplated in the Ordinance are essential to the determination of economic
feasibility of the housing projects that is constructed with financing extended in reliance on such
tax exemption.
The City acknowledges that the Sponsor (as defined below) has offered, subject to receipt
of an allocation of Low Income Housing Tax Credits and/or receipt of a Mortgage Loan from the
Michigan State Housing Development Authority (the “Authority”), to acquire, construct, own and
operate a low income housing project identified as Allen Crossing on certain property located at
and around 148 Allen Avenue, Muskegon, Michigan in the City (the "Project" or “Housing
Project”) to serve low income persons, and that the Sponsor has offered to pay the City on account
of this housing project an annual service charge for public services in lieu of all ad valorem property
taxes.
C. Developer has entered into purchase agreement to acquire the real property in the
1
City of Muskegon (159 Amity Avenue) for the construction of the proposed low-income Housing
Project as defined in City Section 82-46 of the Ordinance.
D. Developer or an affiliate of Developer will cause to be formed with the Department
of Licensing and Regulatory Affairs of the State of Michigan a limited dividend housing
association limited partnership to function as the owner of the proposed Housing Project. The owning
entity to be formed will be identified as AMITY COMMONS LIMITED DIVIDEND HOUSING
ASSOCIATION LIMITED PARTNERSHIP.
E. The City encourages construction and financing of the said low-income Housing
Project which is identified by the working name of Amity Commons.
F. To further enable and encourage the construction of the Housing Project, the
Developer, and the City enter into this Agreement.
G. The legal description of the Housing Project is set forth in Exhibit A attached to this
Agreement.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Definitions.
1.1 "Authority" means the Michigan State Housing Development Authority.
1.2. "Annual Shelter Rent" means the total collections during an agreed annual
period from or paid on behalf of all occupants of a housing project representing rent or
occupancy charges less the cost of Utilities.
1.3. "Contract Rents" means the total Contract Rents (as defined by the U.S.
Department of Housing and Urban Development in regulations promulgated pursuant to
Section 8 of the U.S. Housing Act of 1937, as amended) received in connection with the
operation of a housing project during an agreed annual period, exclusive of Utilities.
1.4. "Low Income Persons and Families" means persons and families eligible to
move into a housing project according to the U.S. Department of Housing & Urban
Development (“HUD”) area median income limits for the Muskegon, Michigan
Metropolitan Statistical Area (“MSA”).
1.5. "Low Income Housing Tax Credits" or “LIHTC” or “LIHTC Program” means
tax credits allocated under Section 42 of the Internal Revenue Code of 1986, as amended.
1.6. "Mortgage Loan" means a loan that is Federally-Aided (as defined in Section
11 of the Act) or a loan or grant made or to be made by the Authority to the Sponsor for the
construction, rehabilitation, acquisition and/or permanent financing of a housing project,
and secured by a mortgage on the housing project.
2
1.7. "Sponsor" means AMITY COMMONS LIMITED DIVIDEND HOUSING
ASSOCIATION LIMITED PARTNERSHIP, and any entity that receives or assumes a
Mortgage Loan.
1.8. "Utilities" means charges for gas, electric, water, sanitary sewer and other
utilities furnished to the occupants that are paid by the housing project.
2. Class of Housing Projects. As contemplated and pursuant to the Act, it is determined
that the class of housing projects to which the tax exemption shall apply and for which a service
charge shall be paid in lieu of such taxes shall be housing projects for Low Income persons and
families that are financed with a Mortgage Loan. The City hereby grants an exemption from all ad
valorem property taxes attributable to the Housing Project which consist of rental units offered to
eligible Low-Income seniors and families as defined above. The City agrees that the use of LIHTC
constitutes financing of the loan by the Authority in fulfillment of the requirements of Section 82-
50(3) of the Ordinance. It is further determined that Allen Crossing will be of this class.
3. Establishment of Annual Service Charge.
The Housing Project identified Allen Crossing and the property on which it will be located
shall be exempt from all ad valorem property taxes from and after the commencement of construction
or rehabilitation. The City acknowledges that the Sponsor and the Authority have established the
economic feasibility of the housing project in reliance upon the enactment and continuing effect of
the Ordinance, and the qualification of the housing project for exemption from all ad valorem
property taxes and a payment in lieu of taxes as established in the Ordinance. Therefore, in
consideration of the Sponsor's offer to construct and operate the housing project, the City agrees to
accept payment of an annual service charge for public services in lieu of all ad valorem property
taxes. Subject to receipt of a Mortgage Loan, the annual service charge shall be equal to 5% of the
Annual Shelter Rents actually collected by the housing project during each operating year.
4. Responsibilities of the Developer. The Developer agrees to perform the following:
4.1 The Developer shall pay the annual service charge and payment in lieu of all
ad valorem taxes in the same manner as general property taxes are payable to the City and
distributed to the several units levying the general property tax in the same proportion as
prevailed with the general property tax in the previous calendar year. The annual payment
for each operating year shall be paid on or before July 1 of the following year.
4.2 The service charge shall equal three percent (3%) of the Annual Shelter
Rents actually collected by the Housing Project during each operating year.
4.3 The Developer agrees to file all information required by the Ordinance and
further to meet its obligations to the Authority in connection with the Authority's
administration of the LIHTC program.
4.4 In lieu of the requirement to submit a statement of Annual Shelter Rents
within 30 days after December 31, as required by the Ordinance, Developer shall submit
an annual audit by April 1st. If not timely filed, and 30 days after notice to Developer of said
3
delinquency, a penalty of 1.25% of the service charge shall be imposed. This penalty shall
be collectible in the same manner provided in Section 82-54 of the Ordinance.
5. Contractual Effect of the Ordinance. Notwithstanding the provisions of Section
15(a)(5) of the Act to the contrary, a contract between the City and the Sponsor with the Authority
as third party beneficiary under the contract, to provide tax exemption and accept payments in lieu
of taxes, as previously described, is effectuated by enactment of the Ordinance.
6. Limitation on the Payment of Annual Service Charge. Notwithstanding Section 3, the
service charge to be paid each year in lieu of ad valorem taxes for the part of the housing project
that is tax exempt but which is occupied by other than low income persons or families (as defined
in Section 1.4) shall be equal to the full amount of the taxes which would be paid on that portion of
the housing project if the housing project were not tax exempt.
7. Payment of Service Charge. The annual service charge in lieu of taxes as determined
under the Ordinance shall be payable in the same manner as general property taxes are payable to
the City and distributed to the several units levying the general property tax in the same proportion
as prevailed with the general property tax in the previous calendar year. The annual payment for
each operating year shall be paid on or before April 1 of the following year. Collection procedures
shall be in accordance with the provisions of the General Property Tax Act (1893 PA 206, as
amended; MCL 211.1, et seq.).
8. Duration. The Ordinance and this Agreement shall remain in effect and shall not
terminate so long as a Mortgage Loan remains outstanding and unpaid and or the Housing Project
remains subject to income and rent restrictions under Section 42 of the Internal Revenue Code of
1986, as amended (the “Code”), or the Regulatory Agreement of the Authority not to exceed 25
years. The City agrees to be contractually bound by this Agreement to honor the exemption status
of the proposed Project as provided herein for the entire period during which the Project is financed
by the Authority or receives LIHTC under the Code, provided that said Mortgage Loan or a loan
originally financed by the LIHTC continues outstanding as more particularly set forth in Section
82-50(3)of the Ordinance, not to exceed 25 years.
9. Severability. The various sections and provisions of the Ordinance and this
Agreement shall be deemed to be severable, and should any section or provision of this Agreement
be declared by any court of competent jurisdiction to be unconstitutional or invalid the same shall
not affect the validity of the Ordinance and this Agreement, other than the section or provision so
declared to be unconstitutional or invalid.
10. Inconsistent Ordinances. All ordinances or parts of ordinances inconsistent or in
conflict with the provisions of this Agreement are of no effect to the extent of such inconsistency
or conflict.
11. Effective Date. The Ordinance is in full force and effect, and this Agreement shall
become effective on the date of this Agreement is entered into, as provided in the City Charter.
12. Counterparts. This Agreement may be executed in several counterparts all of which
4
shall constitute one agreement, binding on all parties hereto, notwithstanding that all the parties are
not signatories to the same counterpart.
13. Binding and Benefit. This Agreement shall inure to the benefit of, be binding upon,
and be enforceable by and against the parties hereto, their heirs, executors, administrators,
successors, and assigns.
14. Choice of Law; Venue. This Agreement is executed in accordance with, shall be
governed by, and construed and interpreted in accordance with the laws of the State of Michigan.
The parties agree that for purposes of any dispute in connection with this Agreement, the Muskegon
County Circuit Court shall have exclusive personal and subject matter jurisdiction and venue.
[Remainder of page intentionally left blank.]
5
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the dates
indicated below.
CITY OF MUSKEGON
By:
Print Name: Ken Johnson
Its: Mayor
Dated:
By:
Print Name: Ann Meisch
Its: City Clerk
Dated:
AMITY COMMONS LIMITED DIVIDEND
HOUSING ASSOCIATION LIMITED
PARTNERSHIP,
a Michigan limited partnership
By: Amity Commons GP, LLC,
Its: General Partner
By: Spire Real Estate Holdings, LLC,
Its: Sole Member
By:
Print Name:
Its: Authorized Member
Dated:
6
EXHIBIT A
LEGAL DESCRIPTION
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 10, 2023 Title: Spire Development, Amity Commons
Municipal Services Agreement
Submitted By: Jake Eckholm Department: Development Services
Brief Summary: City Staff has negotiated and reviewed a Payment in Lieu of Taxes and Municipal
Services agreement for commission consideration for a new construction 50 unit workforce/family
affordable housing complex at and around 159 Amity.
Detailed Summary & Background:
Pursuant to our 5 Year Housing Needs Assessments call for over 1,000 rental units priced under
$1,430 a month, staff has made overtures and established relationships with several new Low
Income Housing Tax Credit (LIHTC) developers. Spire Development originally responded to our
request for proposals at the former Catholic Charities site, and when they were not selected by
commission for that project we immediately introduced them to the site owners of this subject
property.
Per their request letter, Spire is seeking a Municipal Services Agreement of 3% of net shelter
rents. This should equal roughly $10,000-$12,000 per year. Spire is also requesting a 5% PILOT,
which is detailed in another agenda item in the packet.
Goal/Focus Area/Action Item Addressed: Goal 2.1: Diverse Housing Types, Goal 4.3 Increased
Revenue
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: Motion to approve the Municipal Services Agreement with Amity Commons
Affordable Living Froebel Limited Dividend Housing Association Limited Partnership and authorize
the mayor and clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
MUNICIPAL SERVICES AGREEMENT
THIS MUNICIPAL SERVICES AGREEMENT (this “Agreement”) is entered into on
this ___ day of October, 2023 by and between AMITY COMMONS LIMITED DIVIDEND
HOUSING ASSOCIATION LIMITED PARTNERSHIP, a Michigan limited partnership, its
successors and/or assigns (the “Developer”) and the CITY OF MUSKEGON, 933 Terrace Street,
Muskegon, MI 49440 (the “City”) is made pursuant to the following terms:
RECITALS
A. Developer has entered into contract(s) to purchase real property in the City
of Muskegon, Muskegon County, Michigan known as 159 Amity Avenue for the acquisition,
construction, and operation of a low-income housing project to be known as Amity Commons (the
“Project”).
B. The parties recognize that due to the increased concentration of persons
residing at the Project that the City will provide a higher level and greater amount of Municipal
Services (as defined below) to the Project.
C. The City through its Police Department, Fire Department, and otherwise,
provides Municipal Services within the City. The Project will have special needs for these types
of Municipal Services and Developer acknowledges that such needs may be greater than typically
situated residential developments.
D. The Developer desires to guarantee by payment of a Municipal Services
Fee (as defined below) that certain Municipal Services will be provided to the Project during the
entire term and duration of that certain Contract for Housing Tax Exemption between the City and
Developer pursuant to Chapter 82 of the City Code of Ordinances (the “PILOT Ordinance”).
E. The Municipal Services the City intends to provide shall include, but not be
limited to the following:
1. Emergency services, including police and fire services specifically
administered through the City, and, on public streets and sidewalks,
maintenance, repair, snow removal, and street lighting; also to include other
matters as the City deems necessary; City shall determine the level of
municipal services in its sole discretion.
2. Other miscellaneous services as may, from time to time, be mutually agreed
to for the benefit of the Project; and
3. Said Municipal Services shall be provided in the customary way and in
accordance with all laws, rules and regulations of the United States of
America, State of Michigan, County of Muskegon, and City of Muskegon
or other applicable jurisdictions or bodies.
(All of the above are collectively referred to as “Municipal Services.”)
F. The parties acknowledge that nothing in this Agreement shall be deemed to waive
any defense to claims based on sovereign or governmental immunity.
AGREEMENT
The parties agree as follows:
1. Incorporation of Recitals. The Recitals to this Agreement are incorporated into and
shall constitute a part of this Agreement.
2. Provision of Services. The City will provide the Municipal Services to the Project for
the benefit of the Developer pursuant to the terms and conditions herein.
3. Payment. The Developer shall pay a service charge for the Municipal Services on or
before July 1, of each year during the term and duration of the PILOT Contract for
Housing Exemption. The service charge shall be three (3%) percent of the Annual
Shelter Rents as defined in the PILOT Ordinance, excluding Project paid utilities,
starting during the calendar year that the first unit in the Project is placed in service
(“Municipal Services Fee”). The Developer shall pay a pro rata portion of the Municipal
Services Fee for first year the Project is placed into service based upon the number of
units actually in service during the fiscal year of the City (July 1 through June 30).
4. Term. Payment for the Municipal Services shall commence upon the placed in service
date of the Project and continue for as long as the PILOT Ordinance is in effect.
5. Audit. Developer shall submit together with the payment of the Municipal Services Fee
a copy of the annual audit of the Project prepared by an independent certified public
accountant.
6. Exclusive Benefit. The obligations of the Developer and the City hereunder are
imposed solely and exclusively for the benefit of one and other, and no other persons or
entities shall have standing to enforce such obligations or be deemed to be third party
beneficiaries of such obligations.
7. Remedies. If the Developer fails to perform its obligations under this Agreement, the
City may declare the Developer is in default by providing written notice to the
Developer. The Developer shall have 30 days to cure such default, or such additional
time as necessary if the nature of the default cannot be cured within 30 days so long as
the Developer is actively pursuing a cure to the reasonable satisfaction of the City. Upon
the expiration of the cure period, the City may pursue any and all remedies, legal or
equitable, that it is entitled to under the laws of the State of Michigan. Furthermore, the
Developer will be liable for all costs of collection for unpaid Municipal Services Fee
including reasonable attorney's fees and actual costs incurred by the City in the
enforcement of the terms of this Agreement if Developer adjudicated to be in default of
this Agreement by a court of competent jurisdiction beyond the time for appeal. If the
City fails to perform its obligations under this Agreement, the Developer may declare
the City is in default by providing written notice to the City. The City shall have 30
days to cure such default, or such additional time as necessary if the nature of the default
cannot be cured within 30 days so long as the City is actively pursuing a cure to the
reasonable satisfaction of the Developer. Upon the expiration of the cure period, the
Developer may pursue any and all remedies, legal or equitable, that it is entitled to under
the laws of the State of Michigan.
8. Assignment. Upon the written consent of the City, the Developer may transfer or assign
its rights and obligations under this Agreement to a third-party buyer (“Transferee”) of
the Project. The Transferee must agree to assume the Developer’s obligations under this
Agreement and the PILOT Ordinance which has been executed by the Developer and
the City. Upon assignment and assumption of this Agreement by the Transferee (or an
affiliate, as provided below), the Developer shall be relieved of any further liabilities or
obligations accruing under this Agreement or the PILOT Ordinance. Notwithstanding
the foregoing, the Developer may assign this Agreement, without the written consent of
the City, to an affiliate of Developer (provided that such affiliate agrees to assume the
Developer's obligations hereunder and provided that the Developer and assignee give
prior notice of the assignment to the City with evidence that the assignee has agreed to
assume the obligations of the Developer under this Agreement and the PILOT
Ordinance.
9. Severability. If any term or condition of this Agreement is found to be void, invalid, or
unenforceable, the validity or enforceability of the remaining terms and conditions shall
not be affected or impaired and will continue in full force and effect.
10. Notices. All notices under this Agreement must be in writing and sent to the respective
parties as follows:
If to Developer: Amity Commons Limited Dividend Housing Association
Limited Partnership
330 West Spring Street, Suite 430
Columbus, Ohio 43215
Attn: Thomas A. Grywalski
If to the City: City of Muskegon
933 Terrace Street
Muskegon, MI 49440
Attn: City Manager
Every notice must be in writing and sent by one of the following methods:
a. Personal delivery, in which case delivery shall be deemed to occur the day
of the actual delivery;
b. Certified or registered mail, postage prepaid, return receipt requested, in
which case delivery shall be deemed to occur the day it is officially
recorded by the U.S. Postal Service that is has delivered it to the intended
recipient; or
c. Next day delivery by a recognized private delivery service such as Federal
Express, providing proof of mailing and delivery comparable to certified
or registered mail, return receipt requested, in which case delivery shall
be deemed to occur upon delivery as recorded by the delivery service.
Either party may change the address provided in this Section 10 by providing
notice of such change to the other party as required in this paragraph.
11. No Waiver. No delay, omission, or failure of the City to act under this Agreement or to
insist upon strict compliance with any term and condition of this Agreement, and no
custom or practice of the parties at variance with the terms and conditions of this
Agreement shall constitute a waiver of City’s right to demand exact compliance with
this Agreement. No waiver of any right or remedy of City shall be construed as a bar to
or a waiver of any such right or remedy on any future occasion.
12. Headings. The headings in this Agreement have only been inserted for convenience and
shall not affect the meaning or interpretation of this Agreement. No heading shall have
any legal significance of any nature whatsoever.
13. Binding Effect. This Agreement shall inure to the benefit of, be binding upon, and be
enforceable by and against the parties hereto, their heirs, executors, administrators,
successors, and assigns.
14. Amendments. There shall be no modification or amendments to this Agreement,
including this section, unless they are in writing and signed by all the parties to this
Agreement.
15. Governing Law. This Agreement has been executed in the State of Michigan and shall
be governed by the laws of the State of Michigan.
16. Complete Agreement. This Agreement contains the entire agreement between the
parties and supersedes all prior oral or written representations, negotiations and
agreement on the subject matter stated herein.
17. Counterparts. This Agreement may be executed in several counterparts all of which
shall constitute one agreement, binding on all parties hereto, notwithstanding that all the
parties are not signatories to the same counterpart.
[Remainder of page intentionally left blank, signatures on next page.]
Municipal Services Agreement
Signature Page
IN WITNESS WHEREOF, this Municipal Services Agreement is executed as of the day
and year first written above.
CITY:
CITY OF MUSKEGON
Dated: _____________, 2023 By:
Ken Johnson, Mayor
Dated: _ ___________, 2023 By:
Ann Meisch, City Clerk
DEVELOPER:
AMITY COMMONS LIMITED DIVIDEND
HOUSING ASSOCIATION LIMITED
PARTNERSHIP,
a Michigan limited partnership
By: Amity Commons GP, LLC,
Its General Partner
Dated: _____________, 2023 By:
Print Name:
Its: Authorized Agent
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 10th, 2023 Title: Sale of 1530 Hoyt Street
Submitted By: LeighAnn Mikesell Department: City Manager’s Office
Brief Summary: Staff is requesting approval of a purchase agreement for 1530 Hoyt Street.
Detailed Summary & Background:
1530 Hoyt Street was constructed through the agreement with Dave Dusendang to construct infill
housing with ARPA funding. The offer is over the full listing price with no seller concessions.
Goal/Focus Area/Action Item Addressed: Create an environment that effectively attracts new
residents and retains existing residents by filling existing employment gaps, attracting new and
diverse businesses to the city, and expanding access to a variety of high-quality housing options in
Muskegon. Key Focus Area: Diverse Housing Types.
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion: To approve the purchase agreement for 1530 Hoyt Street.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
dotloop signature verification: dtlp.us/N5Wv-AL0t-bJNa
dtlp.us/eQXh-Ud3R-y7Jj
dtlp.us/qQf0-YlBs-rQw5
WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
#
DATE: 09/08/2023 , 11:00 AM (time) MLS # 71023031953
SELLING OFFICE: Pinnacle realty BROKER LIC.#: REALTOR® PHONE: 231-955-9545
LISTING OFFICE: West Urban Realty REALTOR® PHONE: 6163662459
1. Effective Date: This Agreement is effective on the date of Seller's acceptance of Buyer's offer or Buyer's acceptance of any
counteroffer, as the case may be, and this date shall hereafter be referred to as the "Effective Date". Further, any reference to "days"
in this Agreement refers to calendar days. The first calendar day begins at 12:01 a.m. on the day after the Effective Date. Any reference
to "time" refers to local time.
2. Agency Disclosure: The Undersigned Buyer and Seller each acknowledge that they have read and signed the Disclosure Regarding
Real Estate Agency Relationships. The selling licensee is acting as (choose one):
Agent/Subagent of Seller Buyer’s Agent Dual Agent (with written, informed consent of both Buyer and Seller)
Transaction Coordinator
Primary Selling Agent Name: Adrian Valdez Email: [email protected] Lic.#: 6501437937
Alternate Selling Agent Name: Email: Lic.#:
3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.)
Buyer has received the Seller’s Disclosure Statement, dated .
Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt
of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this
Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by
registered mail. Exceptions:
Seller is exempt from the requirements of the Seller Disclosure Act.
4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached
and will be an integral part of this Agreement.
5. Property Description: Buyer offers to buy the property located in the City Village Township of Muskegon ,
County of Muskegon , Michigan, commonly known as (insert mailing address: street/city/state/zip code)
1530 Hoyt St, Muskegon, MI 49442
with the following legal description and tax parcel ID numbers:
CITY OF MUSKEGON REVISED PLAT OF 1903 S 35.7 FT LOT 2 BLK 281
PP# 24205281000210 .
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 10/16/2023 , of the proposed division to create the Premises.
6. Purchase Price: Buyer offers to buy the Property for the sum of $ 160,000
one hundred sixty thousand U.S. Dollars
7. Seller Concessions, if any: N/A
8. Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.)
SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below
are currently available to Buyer in cash or an equally liquid equivalent.
If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within
three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall
receive a refund of Buyer’s Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price.
CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual Agent
verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information to Seller and/or
Seller’s Agent. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement
at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be
arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement.
NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to
obtain a FHA type 30 (year) mortgage in the amount of 96.5 % of the Purchase Price
bearing interest at a rate not to exceed 8 % per annum (rate at time of loan application), on or before the date the sale is
to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to
process the application, within N/A 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
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Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent.
Exceptions:
SELLER FINANCING (choose one of the following): CONTRACT or PURCHASE MONEY MORTGAGE
In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the
credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if
Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer
within 48 hours. Seller is advised to seek professional advice regarding the credit report.
$ upon execution and delivery of a
form (name or type of form and revision date), a copy of which is attached, wherein the balance of $
will be payable in monthly installments of $ or more including interest at % per annum,
interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance
will become due and payable months after closing. Any appraisal required by Buyer shall be arranged and
paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions:
EQUITY (choose one of the following): Formal Assumption or Informal Assumption
Upon execution and delivery of: Warranty Deed subject to existing mortgage OR Assignment of Vendee Interest
in Land Contract, Buyer to pay the difference (approximately $ ) between the Purchase Price above
provided and the unpaid balance (approximately $ ) upon said mortgage or land contract, which Buyer
agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future
taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten
(10) days after the Effective Date of this Agreement. Exceptions:
OTHER:
9. Contingencies: Buyer’s obligation to consummate this transaction (choose one):
IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer.
IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at:
A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale
or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in
writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest
Money Deposit.
IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing
of a sale or exchange of Buyer’s property located at
on or before . Seller will have the right to continue to
market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy
thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such
price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified
promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions:
10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All
improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the
following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and
bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage
disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached
shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and
pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on
heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid
heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete
rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball
backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars;
detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door
opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes:
N/A
but does not include:
N/A
1530 Hoyt St, Muskegon, MI 49442 09/08/2023 11:00 AM
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023 EJB
09/08/23
1:57 PM EDT
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Buyer’s Initials
LM Seller’s Initials
09/14/23
6:01 PM EDT
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11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
expended through normal use. Exceptions:
N/A
12. Assessments (choose one):
If the Property is subject to any assessments,
Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless
of any installment arrangements), except for any fees that are required to connect to public utilities.
Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume
and pay all other installments of such assessments.
Seller has an ongoing obligation through the Closing to disclose to the Buyer any known pending assessments, including, but not limited
to, any mandatory utility connection requirements, and/or benefit charges, and condominium special assessments, that have not been
previously disclosed in writing to Buyer.
13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all taxes
billed after those addressed below.
Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property
tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the
Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when
property is transferred.
No proration. (Choose one):
Buyer Seller will pay taxes billed summer (year);
Buyer Seller will pay taxes billed winter (year);
Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if
necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment
and prorated to the date of closing with Seller paying for January 1 through the day before closing.
Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one): advance. arrears.
Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal
year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken
down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions:
14. Well/Septic: Within ten (10) days after the Effective Date, (choose one) Seller or Buyer will arrange for, at their own expense,
an inspection of the primary well used for human consumption (including a water quality test for coliform bacteria and nitrates) and
septic systems in use on the Property. The inspection will be performed by a qualified inspector in a manner that meets county (or
other local governmental authority, if applicable) protocol.
If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may,
within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a
refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails
to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as-is.
Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable
resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of
termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract,
Buyer will proceed to closing according to the terms and conditions of this Agreement.
Other: N/A
15. Inspections & Investigations:
Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at
Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be
Buyer’s responsibility and expense.
Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances
and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the
Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone.
All inspections and investigations will be completed within ____10 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
1530 Hoyt St, Muskegon, MI 49442 09/08/2023 11:00 AM
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023 EJB
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accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this
Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of
Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a refund of
any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed
to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this Agreement.
Buyer has waived all rights under this Inspections & Investigations paragraph.
Exceptions: N/A
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:
N/A
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:
Buyer will accept one if one exists
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:
N/A
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
10/17/2023 . 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:
N/A
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
1530 Hoyt St, Muskegon, MI 49442 09/08/2023 11:00 AM
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
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will have the privilege to occupy the Property and hereby agrees to pay Buyer $ N/A 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 $ N/A 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:
N/A
24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 1 PM (time) on
09/09/2023 (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 $ 500
shall be submitted to ATA National 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:
N/A
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
1530 Hoyt St, Muskegon, MI 49442 09/08/2023 11:00 AM
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023
EJB
09/08/23
1:57 PM EDT
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Buyer’s Initials
LM Seller’s Initials
09/14/23
6:01 PM EDT
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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 Elza J Beard
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HHGK-9PLR-E40V-X017 Buyer
Buyer 1 Phone: (Res.) (Bus.) Elza Beard
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 NW,, Suite D, Grand Rapids, MI 49544 Listing Broker License #
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.
LeighAnn Mikesell
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09/14/23 6:01 PM EDT
X (Seller’s Signature, Date, Time): VCQS-OXF8-AD55-UEJH
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.
Elza J Beard
dotloop verified
X (Buyer’s Signature, Date, Time): 09/14/23 6:37 PM EDT
ZC4M-ACC7-FDSK-ZB7R
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):
1530 Hoyt St, Muskegon, MI 49442 09/08/2023 11:00 AM
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023 EJB
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1:57 PM EDT
Buyer’s Initials
LM Seller’s Initials
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 10th, 2023 Title: Sale of 1647 Terrace Street
Submitted By: LeighAnn Mikesell Department: City Manager’s Office
Brief Summary: Staff is requesting approval of a purchase agreement for 1647 Terrace Street.
Detailed Summary & Background:
1647 Terrace Street was constructed through the agreement with Dave Dusendang to construct
infill housing with ARPA funding. The offer is over the full listing price with $10,000 in seller
concessions.
Goal/Focus Area/Action Item Addressed: Create an environment that effectively attracts new
residents and retains existing residents by filling existing employment gaps, attracting new and
diverse businesses to the city, and expanding access to a variety of high-quality housing options in
Muskegon. Key Focus Area: Diverse Housing Types.
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion: To approve the purchase agreement for 1647 Terrace Street.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
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WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
# 1
DATE: 09/11/2023 , 7pm (time) MLS #
SELLING OFFICE: City2Shore Port City Associates BROKER LIC.#: 6505424129 REALTOR® PHONE: 2316552944
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: Emmersyn Sheaks Email: emmersyn.sheaks@city2shore. Lic.#: 6501451220
Alternate Selling Agent Name: Email: Lic.#:
3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.)
Buyer has received the Seller’s Disclosure Statement, dated .
Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt
of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this
Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by
registered mail. Exceptions:
Seller is exempt from the requirements of the Seller Disclosure Act.
4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached
and will be an integral part of this Agreement.
5. Property Description: Buyer offers to buy the property located in the City Village Township of Muskegon ,
County of Muskegon , Michigan, commonly known as (insert mailing address: street/city/state/zip code)
1647 Terrace Street Muskegon Michigan 49442
with the following legal description and tax parcel ID numbers:
CITY OF MUSKEGON REVISED PLAT OF 1903 N 51 2/3 FT OF S 103 1/3 FT OF LOT 25 BLK 292
PP# 61-24-205-292-0025-10 .
The following paragraph applies only if the Premises include unplatted land:
Seller agrees to grant Buyer at closing the right to make (insert number) division(s) under Section 108(2), (3), and
(4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays
with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the
number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale
will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or
before , of the proposed division to create the Premises.
6. Purchase Price: Buyer offers to buy the Property for the sum of $ 178000
one hundred seventy-eight thousand U.S. Dollars
7. Seller Concessions, if any: 10000
concessions
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 VA type 30 (year) mortgage in the amount of 100 % of the Purchase Price
bearing interest at a rate not to exceed 7.25 % 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 4 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 $ 500 representing repairs required as a
condition of financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from
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Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent.
Exceptions:
SELLER FINANCING (choose one of the following): CONTRACT or PURCHASE MONEY MORTGAGE
In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the
credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if
Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer
within 48 hours. Seller is advised to seek professional advice regarding the credit report.
$ upon execution and delivery of a
form (name or type of form and revision date), a copy of which is attached, wherein the balance of $
will be payable in monthly installments of $ or more including interest at % per annum,
interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance
will become due and payable months after closing. Any appraisal required by Buyer shall be arranged and
paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions:
EQUITY (choose one of the following): Formal Assumption or Informal Assumption
Upon execution and delivery of: Warranty Deed subject to existing mortgage OR Assignment of Vendee Interest
in Land Contract, Buyer to pay the difference (approximately $ ) between the Purchase Price above
provided and the unpaid balance (approximately $ ) upon said mortgage or land contract, which Buyer
agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future
taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten
(10) days after the Effective Date of this Agreement. Exceptions:
OTHER:
9. Contingencies: Buyer’s obligation to consummate this transaction (choose one):
IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer.
IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at:
A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale
or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in
writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest
Money Deposit.
IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing
of a sale or exchange of Buyer’s property located at
on or before . Seller will have the right to continue to
market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy
thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such
price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified
promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions:
10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All
improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the
following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and
bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage
disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached
shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and
pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on
heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid
heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete
rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball
backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars;
detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door
opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes:
GE Dishwasher, GE Fridge, GE Range, GE Microwave, GE washer and GE dryer.
Also to include A/c.
but does not include:
1647 Terrace Street Muskegon 09/11/2023 7pm
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023 JT
09/12/23
11:36 AM EDT
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LM Seller’s Initials
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11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
expended through normal use. Exceptions:
N/A
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 ____10 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
1647 Terrace Street Muskegon 09/11/2023 7pm
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
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accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this
Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of
Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a refund of
any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed
to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this Agreement.
Buyer has waived all rights under this Inspections & Investigations paragraph.
Exceptions:
16. Municipal Compliances: Seller will arrange and pay for current certificates of occupancy, sidewalk compliance, and smoke detector
ordinances, if applicable.
17. Title Insurance: Seller agrees to convey marketable title to the Property subject to conditions, limitations, reservation of oil, gas and
other mineral rights, existing zoning ordinances, and building and use restrictions and easements of record. An expanded coverage
ALTA Homeowner’s Policy of Title Insurance in the amount of the Purchase Price shall be ordered by Seller and furnished to Buyer at
Seller’s expense, and a commitment to issue a policy insuring marketable title vested in Buyer, including a real estate tax status
report, will be made available to Buyer within ten (10) days after the Effective Date. If Buyer so chooses, or if an expanded policy is
not applicable, then a standard ALTA Owners’ Policy of Title Insurance shall be provided.
If Buyer objects to any conditions, Buyer may, within three (3) days of receipt of the Title Commitment, by written notice to Seller,
either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct
those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
deemed to have accepted the Title Commitment as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s
proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days
after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and
shall receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day
period, Buyer will be deemed to accept the Title Commitment as-is and will proceed to closing according to the terms and conditions
of this Agreement. Exceptions:
18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property
and the location of improvements thereon.
Buyer or Seller (choose one) shall within ten (10) days of the Effective Date, order, at their expense, a boundary survey with iron
corner stakes showing the location of the boundaries, improvements and easements in connection with the Property. Upon receipt of
the survey, Buyer will have three (3) days to review the survey. If the survey shows any condition, in Buyer’s sole discretion, which
would interfere with Buyer’s intended use of the Property, the marketability of the title, or zoning non-compliance, then Buyer may,
within said three (3) day period, terminate this Agreement, in writing, and Buyer will receive a full refund of Buyer’s Earnest Money
Deposit.
No survey. Buyer has waived all rights under this paragraph.
When closing occurs, Buyer shall be deemed to have accepted the boundaries of the Property and the location of such improvements
thereon. Exceptions:
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
10/11/2023 . An additional period of fifteen (15) days will be allowed for closing to accommodate the correction of
title defects or survey problems which can be readily corrected, or for delays in obtaining any lender required inspections/repairs. During
this additional period, the closing will be held within 5 days after all parties have been notified that all necessary documents have been
prepared. Buyer and Seller will each pay their title company closing fee, if applicable, except in the case of VA financing where Seller
will pay the entire closing fee. Exceptions:
22. Pre-Closing Walk-Through: Buyer (choose one) reserves waives the right to conduct a final walk-through of the
Property within three (3) days of the scheduled closing date. The purpose of the walk-through is to determine that the Property is in
a substantially similar condition as of the Effective Date, any contractually agreed upon items have been fulfilled, and that any included
personal property is still located at the Property. Buyer shall immediately report to Seller any objections to these conditions and Buyer’s
requested corrective action.
23. Possession: Seller will maintain the Property in its present condition until the completion of the closing of the sale. Possession to be
delivered to Buyer, subject to rights of present tenants, if any.
At the completion of the closing of the sale.
At a.m. p.m. on the day after completion of the closing of the sale, during which time Seller
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will have the privilege to occupy the Property and hereby agrees to pay Buyer $ as an occupancy
fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds.
If Seller fails to deliver possession to Buyer on the agreed date, Seller shall become a tenant at sufferance and shall pay to Buyer as
liquidated damages $ 300 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 12pm (time) on
09/13/2023 (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 $ 500
shall be submitted to City2Shore Port City Associates (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
1647 Terrace Street Muskegon 09/11/2023 7pm
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
JT Buyer’s Initials Seller’s Initials
Revision Date 1/2023 09/12/23
11:36 AM EDT
dotloop verified
LM
09/15/23
10:02 AM EDT
dotloop verified
dotloop signature verification: dtlp.us/GoGg-aSmc-g4Fp
dtlp.us/qTc0-gQcm-RDo5
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 Jermichael Tanner
dotloop verified
X 09/12/23 11:36 AM EDT
XGTY-GUWU-MXXF-19Z0 Buyer
Buyer 1 Phone: (Res.) (321)960-0058 (Bus.)
Print name as you want it to appear on documents.
Buyer 2 Address X Buyer
Buyer 2 Phone: (Res.) (Bus.)
Print name as you want it to appear on documents.
32. Seller’s Response: The above offer is approved: As written. As written except:
Counteroffer, if any, expires , at (time). Seller has the right to withdraw this
counteroffer and to accept other offers until Seller or Seller’s Agent has received notice of Buyer’s acceptance.
33. Certification of Previous Disclosure Statement: Seller certifies to Buyer that the Property is currently in the same condition as
disclosed in the Seller’s Disclosure Statement dated (choose one): Yes No.
Seller agrees to inform Buyer in writing of any changes in the content of the disclosure statement prior to closing.
34. Notice to Seller: Seller understands that consummation of the sale or transfer of the Property described in this Agreement will not
relieve Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless otherwise agreed to by
the lender or required by law or regulation. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form
is available from the respective agents via the West Michigan REALTOR® Boards.
35. Listing Office Address: Listing Broker License #
Listing Agent Name: 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.
LeighAnn Miksell
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09/15/23 10:02 AM EDT
X (Seller’s Signature, Date, Time): EQCS-93YX-S8KV-9GIM
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):
1647 Terrace Street Muskegon 09/11/2023 7pm
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Buyer’s Initials Seller’s Initials
Revision Date 1/2023 LM
09/15/23
10:02 AM EDT
dotloop verified
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 10, 2023 Title: Arena Solar Exemption Certificate Transfer
Submitted By: Dan VanderHeide Department: DPW
Brief Summary: Staff requests approval of the attached resolution, supporting the transfer of the PA
328 Exemption Certificate for the Arena Solar Project from New Energy Equity to Sunwealth LLC.
Detailed Summary & Background:
In 2019 the Commission approved a Power Purchase Agreement (PPA) with New Energy Equity
(NEE) to place solar on the arena roof. After the pause due to COVID restrictions, New Energy
Equity was not interested in continuing the project, so a new agreement was secured with
Sunwealth LLC and approved by this Commission earlier this year.
As a part of the previous negotiation a Public Act 328 Personal Property Tax Exemption Certificate
was obtained for the project, however it was issued with the system owner named as New Energy
Equity. In order to allow the DDA (which would have received the taxes) to transfer the certificate
into Sunwealth LLC’s name, the City must pass a resolution supporting the transfer.
The attached resolution indicates the City’s support for the transfer, and will allow Sunwealth LLC
to make formal application to the DDA for the transfer. This is an important component of the
financial benefits to the City, since the tax exemption is a part of the calculations that allow the City
to pay a reduced rate for the solar energy compared to grid energy.
Goal/Focus Area/Action Item Addressed: Sustainability in Financial Practices & Infrastructure
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: I move approval of the attached resolution, supporting the transfer of the PA
328 Exemption Certificate for the Arena Solar Project from New Energy Equity to Sunwealth LLC
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
RESOLUTION _____________
TRANSFERING A NEW PERSONAL PROPERTY
(PA 328) EXEMPTION CERTIFICATE
WHEREAS, the City Commission of the City of Muskegon established a Downtown Development
Authority in 1988 as required under PA 328 of 1998 after a public hearing held on July 12, 1988;
and
WHEREAS, the City of Muskegon meets the definition of an “Eligible Local Assessing District”
under PA 328 of 1998, Section 9(h), by virtue of containing an eligible distressed area as defined
by Section 7(f)(i), in accordance with PA 346 of 1966, Section 11; and
WHEREAS, Sunwealth LLC has filed an application for a transfer of PA 328 Exemption
Certificate 509-2021 with respect to $1,163,214 of new personal property located in or to be
located in Downtown Development Authority; and
WHEREAS, the applicant Sunwealth LLC meets the definition of an “Eligible Business” as
defined by PA 328 of 1998 and is engaged primarily in manufacturing solar development at the
location of 470 W Western Ave, Muskegon, MI 49440; and
WHEREAS, Sunwealth LLC has substantially met all the requirements under Public Act 328 of
1998, as amended, for the transfer of PA 328 Exemption Certificate 509-2021;
NOW, THEREFORE, BE IT RESOLVED BY the City Commission of City of Muskegon that:
1. The application from Sunwealth LLC for a transfer of PA 328 Exemption Certificate
509-2021, with respect to new personal property on the following described parcel of real
property situated within the Downtown Development Authority to wit: Property Number:
24-205-567-0001-30 be and the same is hereby approved.
2. The PA 328 Exemption Certificate when issued shall remain in force for the remaining
years approved under PA 328 Exemption certificate 509-2021 with an end date of
12/30/2046.
Motion by _________________________, supported by _____________________.
AYES:
NAYS:
RESOLUTION DECLARED ADOPTED.
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular
meeting held on October 10, 2023.
________________________
Ann Meisch, City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 10, 2023 Title: City Hall Seagull Control System
Submitted By: Tim Harvey Department: Building Maintenance (DPW)
Brief Summary: Staff requests approval to enter into a contract with Seagull Control Systems of
City Island, NY for a post-and-wire seagull control system in the amount of $27,880.
Detailed Summary & Background: City Hall has become an annual nesting ground for seagulls, with
detrimental effects to the building and surrounding area. The seagulls get very territorial during
nesting season and have been known to dive at employees and visitors in an attempt to drive them
away. Once hatched the young seagulls are a protected species, so the key is to prevent the nesting
behavior in the first place.
Staff solicited proposals and recommends Seagull Control Systems from City Island, New York based
on their proposal being the lowest cost post-and-wire system. Great Lakes Nuisance Animal Control
is a local option, however they did not respond to our request for a proposal and staff understands the
post-and-wire system to be more effective for our issues than the netting system GLNAC would use.
1. Seagull Control Systems (City Island, NY): $27,880
2. Aviaway Bird Control Systems (Wall Township, NJ): $36,500
Portions of the City Hall roof are planned for replacement in FY24-25, however this system will be
able to be reinstalled after that process with minimal new parts. The effort would be paid for with
funds budgeted for the boiler replacement project, which had bids come in under budget.
Goal/Focus Area/Action Item Addressed: Destination Community & Quality of Life
Amount Requested: $27,880 Budgeted Item:
Yes No N/A
Fund(s) or Account(s): 445 (Public Improvement) Budget Amendment Needed:
Yes No N/A
Recommended Motion: I move to authorize staff to enter into a contract with Seagull Control
Systems of City Island, NY for a post-and-wire seagull control system in the amount of $27,880.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
City Island, Bronx, NY 10464
www.seagullcontrol.com 347-389-5533 [email protected]
Seagull Deterrent Proposal: Muskegon City Hall
TO: Tim Harvey, Building Maintenance Supervisor 3/16/2023
FR: Barry Fast, President, Seagull Control Systems®
Seagull Infestation Problem: Seagulls are roosting, feeding, and nesting on the flat
roofs of the Muskegon City Hall. The Center for Disease Control and Prevention states:
Seagulls are a serious “disease vector.” Their feces can spread E. coli, salmonella and
other pathogens. They pollute the public areas and shorten the life of the roofs. Their
pollution can enter the HVAC, creating a potential health issue inside buildings.
Feathers, nesting debris and food scraps can clog drains, and their polluted droppings
on walkways can be tracked into workspaces and vehicles.
The Solution: To protect the flat roof sections, we design and install the SCS Grid Wire
Deterrent System™ to permanently end the seagull infestation on the roof sections
shown in the accompanying sketch. The US Dept. of Agriculture Wildlife Service
recommends this as a permanently effective, non-harmful method for preventing
seagulls from roosting and nesting on flat roofs, docks and other open areas you want
to protect.
To permantely end the infestation on the upper roof perimeter, which is now severely
stained with gull droppings, we will install the Flock Off Bird Deterrent System. This
cretes a narrow five-foot diameter electromagnetic field along this roof perimeter
feature. When gulls enter the field their ability to naviget in the air is disrupted, causing
them to avoid the area entirely. Long term roosting/nesting locations strongly attract
gulls to return, but this technology mitigates the motivation to return, and in combination
with the grid wire deterent, the negative effect is powerful. Gulls cannot acclimate to
this. The system does not harm them or other birds, does not interfere with any other
electrical equipment, and has been certified safe around people.
Cost: $27,880 This includes design, delivery, installation of the SCS Grid Wire Seagull
Deterrent System and the Flock Off Bird Deterrent. Seagulls will immediately cease
landing and roosting on your roofs, and the effect is permanent.
Note: The grids are formed with 0.9mm thick Kevlar™ synthetic cord, coated with
polyurethane for UV protection. This is marine-grade material, strong, non-stretch. .
The grids do not entangle seagulls, which would be upsetting to most people, nor do
they act like a net. They create a threatening environment that seagulls will avoid.
Page 2
Details: Poles are spaced 30-40 feet apart supporting the grids 6-8 feet above the roof
surface to enable routine maintenance to take place. The poles are mounted in heavy
gauge aluminum brackets with welded pole holders. These pole holders are attached to
parapets with screws and sealed. Interior poles are stabilized with paving stones so
there is no penetration of the roof membrane. The grids are strung on the pole tops in a
pattern we design (see sketch for examples). The aluminum poles are only ¾ inch
diameter so not very noticeable, and the cords are virtually invisible from the street.
On the lower roof parapets another cord is strung pole to pole just a few inches above
the parapet to prevent seagulls from landing there. This avoids the need for stainless
steel seagull spikes around the roof perimeter where the deterrent effect of grid wires is
weaker. The entire grid pattern is a design proprietary to us, that we developed and
tested in hundreds of locations. We have never failed to permanently end seagull
infestations with this deterrent system.
Maintenance/Warranty: A 5-year parts replacement warranty on the pole units. A one-
year warranty of the Flock Off system. Once the system is installed it can easily be
partially or completely removed temporarily for major roof maintenance or the
installation of new roof-mounted equipment. Maintaining the entire system requires
occasional inspection to tighten loose lines or fix a pole that has been damaged by a
major storm or careless roof worker. There are no moving parts and the entire system
is designed and installed for harsh
roof top conditions.
Bracket supporting parapet
mounted pole
Typical pole layout supporting grids on a large
warehouse foof. No roof penetration.
Muskegon, MI City Hall seagull deterrent design
Install Flock Off on roof perimeter, creating a 5 ft wide electromagnetic field that disrupts gulls’ ability to navigate in flight
Install SCS Grid Wire Seagull Deterrent on 23 poles as shown on upper & lower roofs
Upper roof pole holder brackets are stabilized with pavers—no roof membrane penetration
Install SCS Grid Wire Seagull Deterrent on lower roofs parapets, grids from poles to building wall
Lower roofs pole holder brackets are screwed into parapets and sealed
FlockOff-Approx 450ft
Nesting evidence
Severe seagull feces
staining & runoff
Pole layout & grid wiring pattern on upper & lower roofs
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 10, 2023 Title: Fireworks Agreement
Submitted By: Kyle Karczewski Department: Parks & Recreation
Brief Summary: Staff is requesting authorization to enter into an agreement with Pyrotecnico
Fireworks for $40,000 for the annual fireworks show in downtown Muskegon, and approval of the
fireworks display permit for Pyrotecnico contingent upon inspection of the fireworks and approval
of the insurance.
Detailed Summary & Background:
The annual Fireworks contract of $40,000 will be scheduled for July 4th, 2024. The agreement is of
the standard form with Pyrotecnico that the City has entered into for the past several years.
Goal/Focus Area/Action Item Addressed: Destination Community & Quality of Life (Events & Activities)
Amount Requested: $40,000 Budgeted Item:
Yes No N/A
Fund(s) or Account(s): 101 (General) Budget Amendment Needed:
Yes No N/A
Recommended Motion:
I move to authorize staff to enter into an agreement with Pyrotecnico Fireworks for $40,000 for the
annual fireworks show in downtown Muskegon, and approval of the fireworks display permit for
Pyrotecnico contingent upon inspection of the fireworks and approval of the insurance.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
PYROTECNICO FIREWORKS, INC.
This Fireworks Display Agreement (“Agreement”) entered into this on September 19, 2023 by and between PYROTECNICO FIREWORKS, INC.
(“Pyrotecnico”) and City of Muskegon, MI (CUSTOMER).
Pyrotecnico, for and in consideration of the terms hereinafter mentioned, agrees to furnish to the CUSTOMER Fireworks Display(s) and related
services (“Fireworks Display”), including the services of Pyrotecnico’s on-site representative to take charge of and perform the Fireworks Display
under the supervision and direction of the CUSTOMER. The Firework Display to be given on July 4, 2024 (the “Display Date”), weather permitting.
Customer agrees to pay Pyrotecnico the sum of $40,000.00 (the “Contract Price”). Pyrotecnico will invoice CUSTOMER a deposit of $20,000.00 is
due April 4, 2024 and the final balance shall be due Net 10 from the Display Date. A service fee of 1 ½% per month shall be added if the account is
not paid in full within 30 days of the Display Date. CUSTOMER agrees to pay any and all collection costs, including reasonable attorney’s fees and
court costs incurred by Pyrotecnico for any amount due under this Agreement.
Pyrotecnico and CUSTOMER agree that should inclement weather prevent the performance of the Fireworks Display on the Display Date, the parties
shall agree to a mutually convenient alternate date, within three (3) months of the Display Date. If the show is rescheduled prior to Pyrotecnico’s
truck leaving the facility, CUSTOMER shall remit to Pyrotecnico an additional $6,000.00 for additional expenses in presenting the Fireworks
Display on an alternate date. If the show is rescheduled after Pyrotecnico’s truck leaves the facility, CUSTOMER shall remit to Pyrotecnico an
additional $16,000.00 for additional expenses incurred. The determination to cancel the show because of inclement or unsafe weather conditions
shall rest within the sole discretion of Pyrotecnico. In the event the CUSTOMER does not choose to reschedule another date or cannot agree to a
mutually convenient date, Pyrotecnico shall be entitled to $20,000.00.
Pyrotecnico agrees to furnish all necessary fireworks display materials and personnel for fireworks display in accordance with the program approved
by the parties. Quantities and varieties of products in the program are approximate. After final design, exact specifications will be supplied upon
request. Should this display require any Union, permit, or fire department related costs; their fees are not included in the Contract Price.
CUSTOMER will timely secure and provide the following: (a) Sufficient area for the display, including a minimum spectator set back distance of 350
FEET at all points from the discharge area reflective in the attached site diagram; (b) Funds for all permits, licenses, and approvals as required by
local, state and federal laws for the Fireworks Display; (c) Protection of the display area by roping-off or similar facility; (d) Adequate police
protection to prevent spectators from entering display area; (e) Search of the fallout area at first light following a nighttime display; and (f) Provide
credit as “Fireworks by Pyrotecnico” in all advertising and marketing materials.
Pyrotecnico will maintain general liability, property damage, transportation and workers compensation insurance. All those entities/individuals who
are listed on the certificate of insurance, provided by Pyrotecnico, will be deemed to be an additional insured on such policy. This insurance coverage
specifically does not include coverage for any independent acts of negligence of any additional insured.
CUSTOMER shall indemnify, defend and hold harmless Pyrotecnico and its shareholders, directors, officers, employees, agents, representatives and
insurers from any and all demands, claims, causes of action, judgments or liability (including the costs of suit and reasonable attorneys’ fees) arising
from damage to or destruction of property (including both real and personal) or bodily or personal injuries (including death), whether arising from
tort, contract or otherwise, that occur directly or indirectly from (a) the negligence or willful misconduct of CUSTOMER or its employees, agents,
contractors or representatives, (b) the failure of CUSTOMER to comply with its obligations under this Agreement, or (c) any claims or actions
arising out of Pyrotecnico's use of the show site. This Agreement contains the entire agreement between the Parties for this show and any prior
agreements are terminated. This Agreement may only be amended, revised or terminated in writing, executed by the Party against which enforcement
is asserted. The parties hereto do mutually and severally guarantee terms, conditions, and obligations under this Agreement to be binding upon the
parties, themselves, their successors and assigns.
PYROTECNICO : CUSTOMER:
By (sign):________________________________________ By (sign) :______________________________________
Name:__________________________________________ Name:_________________________________________
Title: ___________________________________________ Title:_____________________________________________
Date:___________________________________________ Date: __________________________________________
Address: PO Box 149 Address: _______________________________________
New Castle PA 16103 _________________________________________
Phone: (724) 652-9555 Phone:___________________________________________
Email: [email protected] Email: :___________________________________________
Pyrotecnico Fireworks Display Agreement 2023 Page 1 of 2
Sponsor Initials: ____________________
Muskegon, MI Pyrotecnico Fireworks Inc.
Terrace Point & Nelson Rd, Muskegon MI 49440 11/10/2021 Michael Falk
Spectators Spectators Road, railroad & trail
on water Road shut down Shut down during show
during setup
Spectators
No boats allowed
In this area during show 100’ 425’
Spectators
No public within 100 feet
during setup.
No spectators inside RED
safety circle during the show. Parking lot Road, railroad & trail
empty during Shut down during show
show
Launch Location Setup area: 100’ X 50’ Radius from setup area: 425’
CONTACT/INSURANCE INFORMATION FORM
You must return this form with your signed Agreement for the Certificate of Insurance to be issued, and for the permit application to be
completed and submitted. If information isn’t applicable, please state such by indicating “N/A”.
Customer Name (Entity Contracting Pyrotecnico): __________________________________________________________________
Primary Point of Contact Name: _______________________________________________________________________________
Phone: ________________________________________ Fax: ____________________________________________
Email:____________________________________________________________________________________________________
Billing Address:____________________________________________________________________________________________
City, State & Zip: ___________________________________________________________________________________________
Accounts Payable Contact: ___________________________________________________________________________________
Accounts Payable Email: ____________________________________________________________________________________
Date(s) of Show: _____________________________________ Display Start Time(s): ______________________________
Rain/Postponed Date(s): ________________________________________
Day-of-Show Contact Name:__________________________________________________________________________________
Day-of-Show Mobile Phone Number:___________________________________________________________________________
Day-of-Show Email:_________________________________________________________________________________________
Display Site Location(s) and
Address(es):_______________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
If Pyrotecnico has produced a show at this site, has the geography changed (i.e, new structures, new terrain, etc.)? If yes, please describe:
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
Additionally Insured – If Applicable:
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
Deposit Invoice
Pyrotecnico Fireworks Inc. Date: 09/05/2023
Bin : 10
PO Box 14470 INV#: SO-C51450
St. Louis MO 63178-4470
United States
Sold To:
City of Muskegon, MI
Muskegon City Hall
933 Terrace Street
Muskegon MI 49440
United States
Description Amount
Fireworks Display Date - 7/4/2024 $ 40,000.00
Pre-Show Advance Due 04/04/2024 $ 20,000.00
We accept WIRE, ACH, and Check Payments.
Wire Remit To:
Busey Bank 100 W University Ave. Champaign IL 61820
ABA: 071102568
Account Number: 130586822088
SWIFT/BIC Code: BUYEUS44
ACH Remit to:
Busey Bank
ACH Account: 130586822088
Routing: 071102568
Check Remit to:
Pyrotecnico Fireworks, Inc
Bin : 10
PO Box 14470
St. Louis, MO 63178-4470
1
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10/10/23 Title: Amendment to Parks & Recreation
Advisory Committee Sec 58-62
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To amend Sec. 58-62 of the Parks & Recreation Advisory Committee to reflect two
Representative At-Large positions for a total of twelve members. To further amend the ordinance
to reflect that the member appointed by and from the Commission will serve as chair and be a non-
voting member.
Detailed Summary & Background: On Friday, October 22, 2023 the Community Relations
Committee held a special meeting to discuss and make initial appointments to the recently
established Parks & Recreation Advisory Committee. The Committee’s discussion led to the
necessity to amend the ordinance to include two At-large members instead of one At-Large
Member and to clarify that the member appointed by and from the Commission will serve as chair
and be a non-voting member.
Goal/Focus Area/Action Item Addressed: Goal 1: Establish a robust Parks & Recreation
improvement plan.
Amount Requested: Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion: To approve the amendment to Sec. 58-62 of the Parks & Recreation
Advisory Committee Ordinance.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. _________
The purpose is to amend Sec. 58-62 of Article III – Parks and Recreation Advisory Committee
ARTICLE III. PARKS AND RECREATION ADVISORY COMMITTEE*
Sec. 68-61 Definition.
As used in this article, the term “board” means the Parks and Recreation Advisory Committee created by
this article.
Sec. 58-62. Created; composition; appointment of members.
There is hereby created a parks and recreation advisory committee consisting of eleven twelve members
as follows:
(1) One shall be a member of the city commission to be selected by and from the city
commission that will serve as the board chair and be a non-voting member.
(2) One shall be a member from Muskegon Public Schools.
(3) One Two shall be a citizen who resides in the City of Muskegon.
(4) Eight shall be citizens who reside in the City of Muskegon with two being representative of
each of the four wards.
Sec. 58-63. Terms of members; filling of vacancies.
(a) The term of any member of the board shall not exceed three years.
(b) Notwithstanding subsection (a) of this section, any member of the board shall serve at the
pleasure of the city commission.
(c) Vacancies on the board shall be filled by mayoral appointment with the approval of the city
commission.
Sec. 58-64. Selection of officers; general powers and duties of board.
(a) The members of the board shall meet and organize by selecting such officers as may be
necessary and adopt any rules or bylaws deemed necessary by the board to discharge in an
orderly manner those duties hereafter assigned.
(b) It shall be the duty of the board to advise the city commission upon those matters relating
to the proper conduct of public recreation, programs and/or facilities within the city which
shall be referred to such board from time to time, by the director of parks & recreation;
provided, however, nothing contained in this article shall prohibit any member of the board
from placing any item of business on the agenda of any board meeting. In addition, thereto,
the board shall advise the city commission upon matters referred to the board from time to
time by the city commission.
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC - City Clerk
CERTIFICATE (Amend Sec. 58-62 of Article III - Parks & Recreation Advisory Committee)
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 10th day of
October 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: _____________ ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish
Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on October 10, 2023 the City Commission of the City of Muskegon adopted an
ordinance to amend Sec. 58-62 of Article III - Parks & Recreation Advisory Committee, summarized as
follows:
1. The board shall consist of twelve members including a city commissioner that will serve as chair
and be a non-voting member.
2. Two members shall be a citizen who resides in the City of Muskegon
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.
Publish: _______________ CITY OF MUSKEGON
By: Ann Meisch, MMC, City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10/10/23 Title: Parks & Rec Advisory Committee –
Member Representing from Muskegon Public
Schools
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To replace the appointment of the Member Representing Muskegon Public
Schools made on 9/22/23 and affirmed on 10/10/23 and to appoint Lynnette Marks, President of
the Muskegon Public School Board to this position.
Detailed Summary & Background: Muskegon Public School Administration provided feedback on
the appointment to this position and would like to have the School Board President appointed to
represent the School District on this board.
Goal/Focus Area/Action Item Addressed: Goal 1: Establish a robust Parks & Recreation
improvement plan.
Amount Requested: Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion: To replace the previous appointment and to appoint Lynnette Marks as
member representing Muskegon Public Schools on the Parks and Recreation Advisory Committee.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 10, 2023 Title: Public Hearing- Establishment of an
Industrial Development District- Beacon
Recycling 1241 East Keating
Submitted By: Contessa Alexander Department: Economic Development
Brief Summary: Beacon Recycling has requested the establishment of an Industrial Development
District at 1241 East Keating in order to further their expansion plans in the City of Muskegon.
Detailed Summary & Background:
On September 8, 2023, city staff received a letter from Beacon Recycling to request the
establishment of an Industrial Development District. Beacon is pursuing an expansion project that
will involve the purchase of a new shredder machine to support its existing metal recycling
business and the creation of a new materials services division to support the re-use of certain
metals. This project has a total capitol investment of $17,500,000 and the creation of up to 36 new
jobs. If the district is passed, Beacon will seek a PA 198 tax abatement to support its development
in the City of Muskegon.
Goal/Focus Area/Action Item Addressed:
Economic Development, Housing, And Business
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: I move to approve the resolution establishing an Industrial Development
District at 1241 East Keating and authorize the City Mayor and Clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING AN INDUSTRIAL DEVELOPMENT DISTRICT AT 1241 EAST KEATON,
City of Muskegon
County of Muskegon, Michigan
WHEREAS, pursuant to PA 198 of 1974, as amended, the City Commission of the City of Muskegon has
the authority to establish an Industrial Development Districts within the City of Muskegon; and
WHEREAS, Beacon Recycling has petitioned the City Commission of the City of Muskegon to
establish an Industrial Development District on its property located in the City of Muskegon hereinafter
described; and
WHEREAS, construction, acquisition, alteration, or installation of a proposed facility has not commenced
at the time of filing the request to establish this district; and
WHEREAS, written notice has been given by mail to all owners of real property located within the
district, and to the public by newspaper advertisement in the Muskegon Chronicle and public posting of
the hearing on the establishment of the proposed district; and
WHEREAS, on October 10, 2023 a public hearing was held at which all owners of real property within the
proposed Industrial Development District and all residents and taxpayers of the City of Muskegon were
afforded an opportunity to be heard thereon; and
WHEREAS, the City Commission of the City of Muskegon deems it to be in the public interest of the City
of Muskegon to establish the Industrial Development District as proposed.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Muskegon that the following
described parcel of land situated in the City of Muskegon, Muskegon County, and State of Michigan, to
wit:
CITY OF MUSKEGON ALL THAT PART OF SW 1/4 NE 1/4 OF SEC 33 T10N R16W is established as an
Industrial Development District pursuant to the provisions of PA 198 of 1974, as amended,
to be known as ( ) Industrial Development District.
Adopted this 10th Day of October 2023.
Ayes
Nays
BY: __________________________________
Ken Johnson, Mayor
BY: __________________________________
Ann Marie Meisch, Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting held on October 10,
2023.
______________________________
Ann Marie Meisch, Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 10, 2023 Title: Public Hearing- Lakeside BID Special
Assessment Tax Roll Approval
Submitted By: Contessa Alexander Department: Economic Development
Brief Summary: A public hearing has been scheduled to receive comment on a proposed Lakeside
Business Improvement District special assessment roll for 2024-2026.
Detailed Summary & Background:
The Muskegon City Commission approved a three-year renewal of the Lakeside BID at its
September 12, 2023 meeting, including the district and special assessment rate. The special
assessment roll includes 41 parcels and annually would generate $22,457.44 for the BID at a 20%
reduction than the previous 3 years. There were no parcels that have objected to this renewal. The
three-year BID budget would focus downtown work on seasonal landscaping, winter sidewalk
snow removal, holiday decorations and marketing and events. The City Commission created a
Board of Assessors that includes Commissioners Teresa Emory and Michael Ramsey, who will
certify the special assessment roll. After hearing public comment, the attached resolution would
confirm the BID’s special assessment roll for three years.
Goal/Focus Area/Action Item Addressed:
ECONOMIC DEVELOPMENT, HOUSING, AND BUSINESS
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: To close the public hearing and approve the resolution to confirm the
Lakeside Business Improvement District special assessment roll for the winter tax bills
for 2024-2026 and authorize the Mayor and Clerk sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
RESOLUTION CONFIRMING THE SPECIAL ASSESSMENT ROLL
OF THE LAKESIDE BUSINESS IMPROVEMENT DISTRICT
2023-2026
City of Muskegon
County of Muskegon, Michigan
Properties Assessed: See Exhibit A attached to this resolution
RECITALS:
1. The City Commission created a special assessment district covering the properties
set forth in Exhibit A attached to this resolution on September 13, 2023, at a first
public hearing.
2. The City Commission had a public hearing Oct. 10, 2023, at 5:30 p.m. at the City
Commission Chambers to hear comments on the proposed BID special assessment
roll. Notice was given by mail and publication as required by law.
3. The City has reviewed the special assessment roll which is based a special
assessment in the district levying on “Class A” Properties, as defined in the BID
Bylaws, shall be assessed an annual assessment of up to $0.04/sf with no
assessment to exceed $1,600 and “Class B” Properties, as defined in the BID
Bylaws, shall be assessed an annual assessment of up to $0.02/sf with no
assessment to exceed $1,600.
4. The City Commission has heard all objections to the special assessment roll filed
before or at the hearing.
THEREFORE, BE IT RESOLVED:
1. That the BID special assessment roll submitted by the Board of Assessors is hereby
approved.
2. That the assessments levied will be placed on the Winter 2024-2026 property tax bills.
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor to endorse the resolution bearing the date of this resolution which is the date
of confirmation.
This resolution adopted.
Ayes
Nays
CITY OF MUSKEGON
By
Ken Johnson, Mayor
By
Ann Marie Meisch, Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on October 10, 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, as amended and modified by the governor’s
COVID-19 executive order and that the minutes of said meeting were kept and will be or have
been made available as required by said Act.
CITY OF MUSKEOGN
By
Ann Marie Meisch, City Clerk
SPECIAL ASSESSMENT DISTRICT PROPERTIES
EXHIBIT A
ADDRESS Name Parcel Number S/F Pr Assessing Amount Class
1950 LAKESHORE DR 1950 LAKESHORE DRIVE LLC 24-205-596-0004-20 15,060.50 $ 602.42 A
1983 LAKESHORE DR 1983 LAKESHORE LLC 24-205-635-0001-00 13,171.88 $ 526.88 A
2445 LAKESHORE DR BLAKE TOM/EVANS BLAKE 24-205-677-0005-00 8,712.00 $ 348.48 A
1991 LAKESHORE DR BTBG INVESTMENTS LLC 24-205-635-0002-00 40,617.80 $ 1,600.00 A
1700 LAKESHORE DR STAG PROPERTIES LLC 24-205-609-0002-00 26,400.00 $ 1,056.00 A
2182 LAKESHORE DR CENTRAL PAPER EMPLOYEES FCU 24-205-597-0017-00 37,644.29 $ 1,505.77 A
1794 LAKESHORE DR CROW INVESTMENTS LLC 24-205-594-0001-00 19,694.80 $ 1,600.00 A
1786 LAKESHORE DR CROW INVESTMENTS LLC 24-205-609-0013-00 6,210.00 $ 248.40 A
1756 LAKESHORE DR RAANS PROPERTIES LLC 24-205-609-0010-00 19,800.00 $ 792.00 A
2034 LAKESHORE DR DONE BACH LLC 24-900-251-1330-00 10,767.00 $ 215.34 B
1930 LAKESHORE DR SAMPLES GARY/LAUREEN F 24-900-251-4315-00 18,144.00 $ 725.76 A
2054 LAKESHORE DR FUNK EDWARD W TRUST 24-205-597-0004-00 8,600.00 $ 172.00 B
1732 LAKESHORE DR GARRETT LORIL 24-205-609-0007-00 8,750.00 $ 350.00 A
2020 LAKESHORE DR GAWKOWSKI PROPERTIES LAKESHORE LLC 24-205-596-0007-00 6,675.23 $ 267.01 A
2017 LAKESHORE DR GHEZZI RICHARD P 24-900-251-4237-00 8,170.80 $ 326.83 A
1812 LAKESHORE DR GHEZZI RICHARD A ESTATE 24-205-596-0001-00 19,386.00 $ 775.44 A
1937 LAKESHORE DR GHEZZI RICHARD P 24-205-627-0002-00 9,529.00 $ 381.16 A
2033 LAKESHORE DR WESTRA BRUCE 24-205-636-0001-00 7,425.00 $ 297.00 A
2341 LAKESHORE DR H2O ENTERPRISES LLC 24-205-664-0011-00 7,700.00 $ 308.00 A
1883 LAKESHORE DR KORNDORFER PAUL R 24-205-625-0001-00 7,078.00 $ 283.12 A
1891 LAKESHORE DR KORNDORFER PAUL R 24-205-625-0002-00 7,407.00 $ 296.28 A
2465 LAKESHORE DR M J BLAIS LLC 24-205-678-0001-02 16,665.00 $ 666.60 A
2565 LAKESHORE DR MOJI INC 24-900-251-0980-00 39,275.00 $ 1,571.00 A
1864 LAKESHORE DR PPJ INVESTMENTS LLC 24-900-251-5485-00 13,600.00 $ 544.00 A
1920 LAKESHORE DR CITY OF MUSKEGON 24-900-251-3938-00 344,124.00 $ 1,600.00 A
2080 LAKESHORE DR SHORELINE SERVICE INC 24-205-597-0005-00 16,920.00 $ 676.80 A
2009 LAKESHORE DR STEINBACH JOHN E ET AL 24-205-635-0006-00 5,321.00 $ 212.84 A
2167 LAKESHORE DR SWARVAR DANIEL C 24-490-000-0004-00 3,825.00 $ 153.00 A
2173 LAKESHORE DR SWARVAR DANIEL C 24-490-000-0005-00 4,165.00 $ 166.60 A
2187 LAKESHORE DR SWARVAR DANIEL C 24-205-641-0005-00 10,795.00 $ 431.80 A
1945 LAKESHORE DR THORSEN SHEILA P TRUST 24-205-627-0003-00 5,445.00 $ 217.80 A
1953 LAKESHORE DR SKEGON LLC 24-205-627-0004-00 8,170.80 $ 326.83 A
1831 LAKESHORE DR VERIZON INC 24-205-624-0001-00 12,556.00 $ 251.12 B
1927 LAKESHORE DR VF VENTURES LLC 24-205-627-0001-00 9,529.00 $ 381.16 A
1845 LAKESHORE DR VF VENTURES LLC 24-205-624-0003-00 19,272.00 $ 770.88 A
1595 LAKESHORE DR WASSERMAN PROPERTY 24-205-529-0004-00 8,976.00 $ 359.04 A
1965 LAKESHORE DR WILLIAM J GIBNER LLC 24-205-627-0005-00 8,167.00 $ 326.68 A
1878 LAKESHORE DR HRYNEWICH REED 24-205-596-0002-30 8,642.00 $ 345.68 A
2245 LAKESHORE DR MCCALL WENDY 24-205-658-0004-00 9,098.00 $ 363.92 A
1824 LAKESHORE DR HINTERMEISTER RENTALS 24-205-596-0001-10 4,240.00 $ 169.60 A
1910 LAKESHORE DR SAND DOCK PROPERTIES LLC 24-205-596-0003-20 6,105.00 $ 244.20 A
Total 861,834.10 $ 22,457.44
Assessment Amount
Class Amt per s/f
A 0.04
B 0.02
BOARD OF ASSESSORS:
___________________________________
Michael Ramsey, City Commissioner
___________________________________
Teresa Emory, City Commissioner
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 10, 2023 Title: City ARPA Community Grant – Pioneer
Resources, Inc.
Submitted By: Peter Wills Department: Manager’s Office
Brief Summary: To approve the City ARPA Community Grant proposal received from Pioneer
Resources, Inc.
Detailed Summary & Background:
As part of the City’s ARPA Community Grant program, a proposal from Pioneer Resources, Inc.
was received and included within the initial slate of 22 projects recommended for approval by the
Commission. It was tentatively removed from the formal motion by the Commission at the August
7th Regular Meeting pending completion of conflict of interest documentation.
Current City Commissioner Rachel Gorman is a former employee of Pioneer Resources, Inc. Ms.
Gorman was not involved in Pioneer's decision to apply, involved in discussions with either City
staff or Pioneer staff concerning this project or involved in the discussion or decision by the City
Commission concerning Pioneer's grant proposal.
Staff has sent notice to the U.S. Department of Treasury that the city has followed the
requirements for a waiver of the conflict of interest pursuant to the City Charter and state law. We
are requesting their concurrence with the City’s decision and waive any conflict.
Goal/Focus Area/Action Item Addressed: Community Connection; Foster strong ties among
government and community agencies.
Amount Requested: $150,000 Budgeted Item:
Yes No
Fund(s) or Account(s): 482-901-982- Budget Amendment Needed:
Yes No
Recommended Motion:
I move to approve the City ARPA Community Grant proposal received from Pioneer Resources,
Inc., subject to receiving acknowledgement from the U.S. Department of Treasury that they concur
with the City’s decision and waive any conflict.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
Pioneer Resources, Inc.
Project Name
Pioneer Resources Walking Path in the Marquette Neighborhood
Requested $200,000 Total Project Cost $209,690.00
Executive Summary
Pioneer Resources owns property at 1145 and 1175 East Wesley Street. This property is west of US 31
and borders ten acres of unused green space owned by the City of Muskegon. Both the City’s and
Pioneer Resources’ properties border two acres in this area that are often the site of discarded tires and
other large pieces of castoff garbage.
The Pioneer Resources front-facing three acres of property currently houses program site buildings for
services for seniors, youth diagnosed with Autism and Adults with varying disabilities. Our agency is
requesting ARPA grant to support the development of a paved, accessible, community walking path with
quiet resting points and seating along the walkway that will bring residents through the wooded, hillside
of the unused green space on the back two acres of the Pioneer Resources’ Property that meets the City
of Muskegon’s unused wooded area. This paved walking path could potentially connect with the existing
paved path that goes through Ryerson Creek.
This walking path would offer an immersion into nature, peaceful strolls, and a place for exercise. Our
agency hopes to invite our community to utilize this walkway and join in creating natural gardens along
the paths that are accessible to all. Further, our agency would encourage the path to be utilized by those
who have dogs with our intent to provide path accessories that include dog waste bags and collection
receptacles.
Creating opportunities for community is the mission of our organization and we feel the accessibility of
this effort will benefit many while creating a wonderful ability to preserve this green space for our
community. According to the US Census Bureau, Muskegon County has 19,000 residents with disabilities
under the age of 65. If you include those over 65 it would include another 29,000 residents. Accessibility
is key in meeting the needs of these 48,000 residents. Community is critical to our Culture at Pioneer
Resources and this project can meet the needs to improve the unused property and create a benefit to
48,000 County residents. This project will improve the value of these properties and local properties
while creating a way that all members of the community can come together in an accessible space
where nature is the focus.
Purpose of Grant
Creating opportunities for participation in the community for the participants and seniors is the mission
of Pioneer Resources. This project will not only provide an accessible opportunity for participation for
residents in the City of Muskegon, but also help preserve this green space in the City.
42 | P a g e
The participants served by Pioneer Resources and the residents in the Marquette Neighborhood need
more outdoor recreational options and this is the target population this grant request aims to serve.
Currently, the only parks and recreational opportunities in this neighborhood are Beukema Playfield,
Ryerson Creek, and Fourmile Creek and at this time there are not any immediate additions included in
the City of Muskegon Parks and Recreation 5 Year Plan. The proposed walking trail would address the
gap between the limited recreational offerings presently available in the Marquette Neighborhood and
the desire for more recreational options and connecting existing sidewalks walking route options.
Pioneer Resources is dedicated to working in partnership with the City of Muskegon to oversee the
construction and production of this walking path. Our administrative staff is dedicated to maintain
records of grant funding and to produce reporting to accurately reflect grant fund spent for the project
that can be available to the public. Our qualified staff has capacity to help oversee the construction of
the path. Once completed, our agency is committed to leading the efforts from our agency and with the
neighborhood association to maintain that the path is clean, clear, and accessible.
Participants of Pioneer Resources’ Senior Services, Leisure and Recreation Club, Community Living
Support Services, and Applied Behavior Analysis Programs will directly benefit from access to this
walking trail. Although these services are accessed through our agency, Pioneer Resources works in
partnership with HealthWest, LifeCircles PACE, Michigan Rehabilitation Services, the MAISD, and Senior
Resources to provide these services and these partners would be invited and encouraged to utilize this
walking path for their programming!
The Community Foundation for Muskegon County has granted the agency with $7,351 to support this
project from the William Munroe Memorial Friends of the Disabled Fund.
Pioneer Resources recognizes the various walking trails and recreational opportunities throughout the
City of Muskegon that add to the incredible quality of life for those that work and live in the City! Our
agency views this new walking trail as a welcome addition to these important offerings and we hope it
highlights the Marquette Neighborhood that does not currently have as many recreational parks and
offerings as other neighborhoods within the City.
Additionally, if this project moves forward, we are excited for the opportunity to utilize the new Parks
and Recreation Advisory Committee to explore opportunities to promote and support this new walking
trail cooperatively alongside the other walking paths and recreational amenities in the City of
Muskegon.
Renovations are underway at Pioneer Resources’ Wesley Campus to bring all administrative teams to
the Marquette Neighborhood and to restructure all primary services that have remained at this location
the City of Muskegon. These renovations have been in progress since 2022 and despite the expected
interruptions from an active construction site at the Wesley Campus, there was no interruption of
services provided to over 300 participants location during the last year.
Pioneer Resources currently employs over 150 full time employees who, after construction, will all begin
utilizing these renovated administrative offices at Wesley. In addition to the nearly 500 people
mentioned from our agency, this walking path would be beneficial to the nearly 3,000 residents in the
Marquette Neighborhood. This is a wonderful part of the City of Muskegon with many natural resources
that can be better accessed with this walking path while supporting a healthy lifestyle to those
mentioned.
43 | P a g e
Pioneer Resources is committed to offering the utilization of the agency’s maintenance team to
regularly monitor the walking path and path accessories for any needed repair, conservation, and safety.
Following the end of the grant period, our agency anticipates minimal costs related to the walking path
maintenance. The capital needed to construct the walking path is the greatest financial need for this
project.
Those living with a disability are regularly disproportionately supported in our community. Pioneer
Resources works each day to provide opportunities for these individuals to participate in life alongside
each of us with dignity and empowerment to help them reach their personal goals. During the COVID-19
pandemic, this population was disproportionately impacted and continues to still be more severely
impacted post-pandemic. Although protections and restrictions are coming to an end, this population
still needs greater protections than the general public from COVID-19 from our team that works with
them each day.
This Walking Path project provides an accessible opportunity for them to gain recreation in their
communities that is safe and naturally integrates with those that live and work in the Marquette
Neighborhood.
Evaluation
Pioneer Resources is committed to supporting efforts alongside the City of Muskegon to evaluate the
use and satisfaction of the proposed walking path! Tracking the number of people utilizing the walking
path during the first year will be critical in building the foundation of data to benchmark to in succeeding
years. Ideally, we would present this data to the Marquette Neighborhood Association and Parks and
Recreation Advisory Committee to promote the walking path and its use. These presentations would
also offer constituents the opportunity to provide feedback about the walking path. Further, signage
opportunities along the walking path could allow for options for users to provide feedback all year and
for an annual survey.
Budget Narrative/Justification
The Grant Budget reflects the costs associated to the Walking Path construction and path accessories.
The Grant Budget Plan details how each budget items relates to the Walking Path and where how the
listed costs were calculated. The Community Foundation for Muskegon County has granted the agency
with $7,351 to support this project from the William Munroe Memorial Friends of the Disabled Fund.
The priority of items listed in the proposed budget is first the walking path construction and then the
path accessories.
44 | P a g e
RATED PROJECT PROPOSALS (45) Total Pts Requested Recommended Funded $0.00
Organization Average $2,875,000.00 $1,600,000.00
AgeWell Services* 42.3 $25,000.00 $25,000.00 100.00% nonprofit 13 nonprofit's
Every Woman's Place* 41.5 $120,000.00 $120,000.00 100.00% nonprofit (housing) 4 NA's
MI Crossroads Council, BSA 40.2 $25,000.00 $25,000.00 100.00% non-profit (youth) 5 small businesses
Samaritas 39.8 $250,000.00 $100,000.00 40.00% nonprofit (housing) 22 recommended
NA McLaughlin 39.7 $250,000.00 $100,000.00 40.00% NA (youth)
Seaway to Southern LLC 39 $50,000.00 $0.00 0.00% created after March 2020
NA Nelson Neighborhood Improvement Association* 38.7 $168,000.00 $100,000.00 59.52% NA (youth)
West Michigan Concert WINDS 38 $50,000.00 $50,000.00 100.00% non-profit (youth)
Pioneer Resources, Inc.* 37.3 $200,000.00 $150,000.00 75.00% nonprofit
Volunteer for Dental* 37.2 $50,000.00 $50,000.00 100.00% nonprofit
Muskegon Christian School 37.2 $175,000.00 $175,000.00 100.00% non-profit (youth)
West Michigan Symphony 37 $200,000.00 $100,000.00 50.00% non-profit (youth)
Unity Beauty Salon & Spa LLC* 36.3 $50,000.00 $50,000.00 100.00% small business
Tiki Boiz LLC 36 $50,000.00 $50,000.00 100.00% small business
Rake Beer Project LLC 35 $25,000.00 $25,000.00 100.00% small business
Kids Food Basket* 34.8 $250,000.00 $100,000.00 40.00% non-profit (youth)
Mount Zion Church of God in Christ 34.5 $37,000.00 $37,000.00 100.00% non-profit (youth)
Boys and Girls Club* 34.3 $250,000.00 $50,000.00 20.00% non-profit (youth)
Open Gates of Grace Ministries* 33.3 $250,000.00 $100,000.00 40.00% nonprofit (housing)
Soul Filled Enterprises* 33.2 $100,000.00 $100,000.00 100.00% small business
Servicios De Esperanza LLC* 33 $25,000.00 $25,000.00 100.00% small business
Mediation & Restorative Services 31.7 non-profit (youth)
Aldea Coffee LLC 31.3 small business
HBCU Club of Muskegon LLC 30.8 small business
MMA Foundation 30.5 nonprofit
Forrest Tax & Accounting Services 30.5 small business
NA Sheldon Park Neighborhood Improvement Association 30 $25,000.00 $8,000.00 32.00% NA
490 Bakery LLC 29.7 small business
Viking Custom Canvas 29.4 small business
Fresh Coast Alliance 28.8 nonprofit
Central United Methodist Church 27.7 nonprofit
NA Jackson Hill* 27.3 $250,000.00 $60,000.00 24.00% NA
Muskegon Retirement Apts, Inc dba Jefferson Towers 26.5 nonprofit (housing)
Stand Up Speak Out 25.2 non-profit (youth)
Linda E. Dennie-Malone Community Center 23.5 nonprofit
Muskegon YMCA 23 nonprofit
Embrace Muskegon_Books 21.2 small business
USS Silverside Submarine Museum 20.6 nonprofit
Bethany Christian Services 16.3 nonprofit
Elite Fine Foods and Catering 14 small business
NOTE* - women- and minority owned business/org
NOTE - The Review Committee established a "cut off" line of funding 5|Page
between the Servicios De Esperanza LLC & Mediation and
Restorative Services projects. It was at that point where there was
more than (1) point of separation between applicant scores.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 10, 2023 Title: PRO Housing Grant Leverage Funds
Submitted By: Jake Eckholm Department: Economic Development/CNS
Brief Summary:
The Development Services Division is seeking a firm commitment of $2 million in Public Improvement funds
to be used a match/leverage for the Pathways to Removing Obstacles to Housing (PRO Housing) Grant. The
City is seeking $10 million in grant funds through this program that is a unique extension of the Community
Development Block Grant (CDBG) program from the US Department of Housing and Urban Development.
Detailed Summary & Background:
The Pro Housing Grant is intended to identify and remove obstacles to the production and
preservation of affordable housing such as: gaps in resources available for development,
deteriorating infrastructure, challenges to preserving existing housing stock, and many more. The
City is requesting $10 million for the following eligible activities that will benefit only those residents
at or below 80% of area median income:
- $3.5 million to establish a Housing Preservation Fund
o $1.5 million for rental rehabilitation
o $2 million for owner-occupied housing
- $6 million to finance the construction or rehabilitation of affordable housing
o $1 million for acquisition/rehabilitation/resale projects and nonprofit capacity building
o $5 million for construction of new units
- $500,000 for homebuyer down payment assistance
Committed leverage funds would allow the application to have an additional 4 points awarded
when being considered and ranked for this opportunity. It will serve as proof of the city’s
investment in affordable housing and maximize the use of the grant funds.
Goal/Focus Area/Action Item Addressed:
2027 Goal 2 Action item 2022-2.4
Amount Requested: $2 million commitment of Budgeted Item:
public improvement funds Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion: To approve the commitment of $2 million in Public Improvement funds as
leverage for the PRO Housing Grant.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10/10/23 Title: Parks & Rec Advisory Committee –
Chair Appointment
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: Pursuant to the Parks & Recreation Advisory Committee Ordinance the
composition of the board shall include one member of the City Commission to be selected by and
from the City Commission that will serve as board chair and be a non-voting member.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed: Goal 1: Establish a robust Parks & Recreation
improvement plan.
Amount Requested: Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion: To appoint a member of the City Commission to serve on the Parks &
Recreation Advisory Committee as chair to the committee, as a non-voting member.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review