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City of Muskegon
City Commission Meeting
Agenda
November 28, 2023, 5:30 pm
Muskegon City Hall
933 Terrace Street, Muskegon, MI 49440
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information is below. For more details, please visit: www.shorelinecity.com
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the
hearing impaired and audio tapes of printed materials being considered at the meeting, to individuals with
disabilities who want to attend the meeting with twenty-four (24) hours’ notice to the City of Muskegon.
Individuals with disabilities requiring auxiliary aids or services should contact the City of Muskegon by writing
or by calling the following: Ann Marie Meisch, MMC – City Clerk, 933 Terrace Street, Muskegon, MI 49440;
231-724-6705; [email protected]
Pages
1. Call To Order
2. Prayer
3. Pledge of Allegiance
4. Roll Call
5. Honors, Awards, and Presentations
5.a Recognition of Outgoing Commissioners - 87th District State Representative
Will Snyder
6. Public Comment on Agenda Items
7. Consent Agenda
7.a Approval of Minutes - City Clerk 1
7.b Cellular Water Tower Lease Negotiations - Water Department 27
7.c PFAS Settlement - Water Filtration 30
7.d Special Event Policy - Public Works 31
7.e Janitorial Services - DPW 42
7.f Sale of 730 Leonard Avenue - Manager's Office 90
7.g Sale of 750 Leonard Avenue - Manager's Office 97
7.h Sale of 1271 Spring Street - Manager's Office 104
7.i Former Employee Health Refund Calculation - City Manager 114
7.j Property Exchange for LIHTC Projects with Grace Community, LLC - 116
Development Services
8. Public Hearings
9. Unfinished Business
10. New Business
10.a Precinct Consolidation/Changes - City Clerk 123
11. Any Other Business
12. Public Comment on Non-Agenda items
13. Closed Session
14. Adjournment
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 11/28/23 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the November 13, 2023 Worksession and November
14, 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
Work Session
Minutes
November 13, 2023, 5:30 pm
Muskegon City Hall
933 Terrace Street, Muskegon, MI 49440
Present: Mayor Ken Johnson
Commissioner Rachel Gorman
Commissioner Rebecca St.Clair
Commissioner Eric Hood
Commissioner Teresa Emory
Absent: Vice Mayor Willie German, Jr.
Commissioner Michael Ramsey
Staff Present: City Manager Jonathan Seyferth
City Clerk Ann Meisch
1. Call to Order
2. New Business
2.a Bebot Report - Manager's Office
Jamie Cross presented on the beach clean up efforts with GVSU’s Bebot. Grand
Valley State University’s R.B. Annis Water Resources Institute (AWRI) is
partnering with the Great Lakes Plastic Cleanup (GLPC). AWRI is one of four
University partners in the region working on this project. As part of that
partnership, AWRI has been using an innovative pollution cleanup technology, a
remote-controlled beach cleaning robot, at Pere Marquette Park Beach. The
BeBot robot, run by AWRI staff, removes debris from the beach, which is taken
back to AWRI to be weighed and sorted. Wood and litter items are separated
from the debris. Litter items are cataloged and separated by item, size, plastic
and non-plastic material. This information is shared with the GLPC to create an
inventory for areas throughout the Great Lakes Basin. Goodwill Industries of
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West Michigan will be recycling the wood and plastic items removed from the
beach. This presentation provides an overview of the project and results to date.
2.b Regional Transit Authority Resolution - Manager's Office
The Deputy City Manager has been participating with other municipalities in an
effort to explore the establishment of a regional transit authority. Muskegon
County wishes to transition its control of public transportation services to a new
public transportation authority and are seeking confirmation and support from
the municipalities who want to continue transit service. The West Michigan
Shoreline Regional Development Commission and the Muskegon Area Transit
System will be presenting on the topic at the work session.
Staff is seeking approval of a resolution of intent to join other municipalities in
forming a regional transit authority which will establish articles of incorporation
to meet requirements in Act 196.
Discussion took place regarding this item. This will be on the agenda for the
November 14, 2023 for consideration.
2.c Local Street Reconstructions - DPW
Staff requests authorization for a change to the capital improvement plan and
FY24 budget to allow for the reconstruction of several local streets using street
fund reserves.
During discussions this past summer, the Commission expressed a desire to
begin investing street fund dollars into local streets without any assessment or
other cost implications to the homeowners. This is a shift from the current
(although long-dormant) policy of local street work being funded by special
assessments to the property owners (except the portions funded by underlying
utility work).
Staff has reviewed many local streets throughout town for street condition,
utility conditions, any related lead service line work and other factors. Staff
recommends the following locations:
New Street, Calvin to Evanston
2nd Street, Muskegon to Houston
Millard Street, Lake Dunes to the west end
Edgewater Street, Lakeshore to Thompson
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Staff proposes to design Millard and Edgewater this winter and build in the
spring, and to design New and 2nd in the spring for late summer and fall
construction. This has the following impacts on FY24:
$325,000 for engineering and construction of Millard from Lake Dunes to
the west end
$225,000 for engineering and construction of Edgewater from Lakeshore
to Thompson
$50,000 for engineering of New Street (construction dollars will fall in
FY25)
$25,000 for engineering of 2nd Street (construction dollars will fall in
FY25)
Total: $625,000
To fund the improvements, staff proposes to increase the transfer from the
Major Streets fund to the Local Streets fund by $625,000, which is allowable
under State of Michigan Act 51 rules. The Major Street fund is projected to have
approximately $5.5 million in reserves at the end of FY24, and will still have more
than six months of funds in reserve if the transfer is approved.
Discussion took place regarding this item after the information was presented by
Dan VanderHeide, Director of Public Works. This item will be on a future agenda
for further consideration.
2.d Buster Keaton Public Art - Manager's Office
Deputy City Manager, LeighAnn Mikesell, presented information to the City
Commission regarding options for a new public art piece honoring Buster
Keaton.
The Downtown Arts Committee would like to install a sculpture honoring Buster
Keaton in the artists’ colony area of the Beachwood/Bluffton Neighborhood.
This art work would be part of the ten pieces partially funded by the Muskegon
City Public Art Initiative.
Two locations are being considered: Lakeshore at Edgewater and Lakeshore at
Waterworks.
Ron Pesch also provided background and details, adding to the presentation, for
Commission consideration.
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2.e DPW Asset Management Software - DPW
Department of Public Works Director, Dan VanderHeide, presented information
to the City Commission regarding Asset Management Software he would like to
purchase for use at the Department of Public Works.
Staff has been investigating asset management software designed specifically for
public works departments. These kinds of system track assets condition and
maintenance practices and use department priorities and AI to recommend new
maintenance tasks, replacement schedules and other valuable information.
They also have the important benefit of including a work order management
system that allows for electronic work order management, improving efficiency,
providing better tools for tracking labor, equipment and materials, and
increasing the data available for reporting and decisions.
Staff will presented such a system called Cartegraph, detailed the benefits it will
provide to DPW’s operations, explained how this system would interface with
other City systems such as BS&A, and presented the short- and long-term costs
of the system.
Discussion took place, this item will appear on the November 14, 2023 Agenda
for Commission consideration.
2.f SafeBuilt Overview and Update on Short Term Rentals - Public Safety
Kathryne Leonard, from the City's Inspections Department (SafeBuilt) provided
an overview and update of the Short Term Rental program that is managed by
SafeBuilt.
Earlier this year, the city received questions and comments from residents and
business owners interested in learning more about short-term rentals and its
impact in our community. A STR Community Workshop was held on May 16 th,
2023. The city has since created an online Short-Term Rentals link for residents
to remain engaged on this topic. It includes additional information and issue
updates, along with tools for the public to provide important feedback. At the
July 10th worksession meeting it was discussed for staff to provide the
commission with an overview of the functions of SafeBuilt and update in the fall
on STRs.
3. Public Comment
Public comment was received.
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4. Adjournment
The Work Session meeting adjourned at 8:34 p.m.
Motion by: Commissioner Hood
Second by: Commissioner St.Clair
To adjourn.
MOTION PASSES
5. CRC Immediately Following
_________________________
Respectfully Submitted,
Ann Marie Meisch, MMC - City Clerk
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City of Muskegon
City Commission Meeting
Minutes
November 14, 2023, 5:30 pm
Muskegon City Hall
933 Terrace Street, Muskegon, MI 49440
Present: Mayor Ken Johnson
Commissioner Rachel Gorman
Commissioner Rebecca St.Clair
Commissioner Eric Hood (arrived at 7:15 p.m.)
Vice Mayor Willie German, Jr.
Commissioner Michael Ramsey
Commissioner Teresa Emory
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 City Commission meeting to order at 5:35 p.m.
2. Prayer
Pastor James O'Brien from Anchor Point Bible 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
5. Honors, Awards, and Presentations
5.a Introduce New Staff - Finance Clerk
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Ken Grant, Finance Director, introduced his new staff person, Laurie
Stephens. Laurie came to us from Muskegon County, started a couple
weeks ago and is doing well.
5.b Introduce New Staff - Development Analyst
Jake Eckholm, Development Services, introduced Jocelyn Hines,
Development Analyst. Jocelyn came to us from the Community
Foundation.
5.c Employee Service Awards
Mayor Johnson and Commissioners congratulated and thanked city
employees for various years of distinguished, loyal service - ranging from
5-35 years. Certificates of Appreciation were presented to those in
attendance.
6. Public Comment on Agenda Items
Public comments were received.
7. Consent Agenda
Action No. 2023-117
Motion by: Commissioner Ramsey
Second by: Commissioner Gorman
To accept the consent agenda as presented, minus item 7.b, 7.c, 7.i, 7.j, and 7.k
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Vice
Mayor German, Commissioner Ramsey, and Commissioner Emory
Absent (1): Commissioner Hood
MOTION PASSES (6 to 0)
7.a Approval of Minutes - City Clerk
To approve the minutes of the October 24, 2023 Regular Meeting.
STAFF RECOMMENDATION: To approve the minutes.
7.d Gaming Resolution - Friends of Hackley Public Library - City Clerk
Friends of Hackley Public Library is requesting Recognition as a non-profit
in the City of Muskegon for the purpose of obtaining a charitable gaming
license.
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STAFF RECOMMENDATION: To approve the request from Friends of
Hackley Public Library to be recognized as a non-profit in the City of
Muskegon for the purpose of obtaining a charitable gaming license.
7.e Sale of 1141 Jefferson Street - Manager's Office
Staff is seeking approval of the sale of 1141 Jefferson Street. In late 2020,
the commission approved an agreement with Community EnCompass to
construct affordable homes. The goals of the agreement were to further
our economic equity efforts and create diversity of housing price points as
we build housing infill. The agreement has been amended over time, and
the project is now part of our ARPA infill housing initiative and our
scattered site brownfield. We have received a purchase agreement for
the second home located at 1141 Jefferson Street. The offer is for
$180,000 with 3% toward seller concessions. The home was listed for
$199,900 and had been on the market for 88 days before an offer was
received. The Community EnCompass board accepts the offer as
reasonable given sale prices for other infill homes in the area.
STAFF RECOMMENDATION: To approve the purchase agreement for
1141 Jefferson Street.
7.f Sale of 169 McLaughlin Avenue - Manager's Office
Staff is seeking approval of the sale of 169 McLaughlin Avenue. 169
McLaughlin Avenue was constructed through the agreement with Dave
Dusendang to construct infill housing with ARPA funding. The offer is for
$12,094 over asking price with $8,094 in sellers concessions. This results
in a full price offer.
STAFF RECOMMENDATION: To approve the purchase agreement for
169 McLaughlin Avenue.
7.g DPW Asset Management Software - DPW
Staff requests authorization to enter into a contract with OpenGov for a
three-year subscription and setup services to implement an asset
management software system for DPW assets.
Cartegraph, a division of OpenGov (a government software services
company), is an asset management software designed for public works. It
tracks assets condition and maintenance practices and uses department
priorities and AI to recommend new maintenance tasks, replacement
schedules and other valuable information. It also has the important
benefit of including a work order management system that will allow for
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electronic work order management, improving efficiency at DPW,
providing better tools for supervision of labor, equipment and materials,
and increasing the data available for reporting and decisions.
Staff has evaluated several different software systems that do similar
things to Cartegraph and has found that Cartegraph offers the most
complete set of asset classes, a high and ever-increasing number of
integrations to other software, an intuitive and customizable interface, and
excellent customer support. CivicPlus, BS&A and other systems the City
already uses do not offer a comparable software. Given the breadth of
assets and operations our DPW deals with, Cartegraph is staff’s
recommendation. Cartegraph will be integrated with BS&A to allow billing
and other financial information to flow back and forth, and IT agrees the
two solutions should coexist well.
In discussions with Cartegraph’s support staff, and due in part to the
detailed asset information already available in the City’s GIS database, the
Water Distribution and Wastewater Collection components of the software
should be prioritized and are the two specific groups of assets proposed
for the first year of the contract. Other assets such as stormwater,
sidewalks, fleet vehicles, buildings and facilities, parks assets and more
will be brought to the Commission in future years as DPW’s experience
with the system increases and our understanding of which asset classes
will most benefit improves.
This first year of the contract is higher than the annual cost of the software
to allow Cartegraph staff to help DPW implement the software and
develop customizations that will assist our operations. Additional asset
classes added in the future will include similar higher costs in the year of
implementation followed by reduced annual subscription fees after year
one.
Attachments include the fees by year, the scope of work document which
defines the implementation services, and the master services agreement
which is the three-year legal contract. Percentage breakdown by DPW
department were recommended by Cartegraph as follows based upon the
Public Service Buliding paying for the base software cost and individual
asset classes paying for specifics.
• Sewer (590): $9,873 software annual cost + $13,974.26
implementation services
• Water (591): $9,873 software annual cost + $13,974.26
implementation services
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• Public Service Building: $19,900 Base Subscription Fee + $28,166.49
implementation services
o Note: This will be further split amongst many departments
according to PSB rent.
o General fund cost will be $6,610.33 in FY23, $2,873.57 in FY24
and $3,017.25 in FY26
Additional software and device costs are necessary to make the system
function, including approximately $20,000 for in-vehicle computer systems
in the water department trucks, an increase of approximately $25,000
annually for cell phones and service lines for all DPW employees (only
about 1/3 are currently on the City’s cell phone plan), and various other
software services such as email addresses for all DPW employees totaling
about $12,000. These additional costs will be made following the
purchasing policy and will be brought to the Commission, if applicable, in
the future.
AMOUNT REQUESTED: FY23: $95,761.00 - FY24: $41,628.30
FY25: $43,709.72
FUND OR ACCOUNT: As described above
STAFF RECOMMENDATION: To approve staff to enter into a contract
with OpenGov for a three-year subscription and setup services to
implement an asset management software system for DPW assets.
7.h Emergency City Hall Chiller Repairs - DPW
Staff seeks authorization to make emergency repairs to the chiller plant at
City Hall. The chiller plant at City Hall, essentially the air conditioning unit,
unexpectedly failed when a power surge hit the equipment following the
explosion of a transformer. Many of the electrical components within the
unit were affected and needed to be replaced. Staff reached out to
American Mechanical Services of West Michigan, located just east of the
City, and they agreed to repair the unit immediately.
The damage occurred earlier this fall and staff authorized the repairs as
an emergency purchase under the procurement policy. The City Manager
approved the expense. In accordance with the policy the purchase is
being brought to the Commission for approval after-the-fact due to being
over $25,000.
AMOUNT REQUESTED: $31,286.97
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FUND OR ACCOUNT: 101-265 (City Hall Maintenance)
STAFF RECOMMENDATION: To authorize staff to make emergency
repairs to the chiller plant at City Hall.
7.l Request to rezone 162 E Apple, 170 E Apple, 974 Spring, 971 Jay,
and 151/157/171/181 Allen - Second Reading - Planning
Request to rezone 162 E Apple Ave, 170 E Apple Ave, and 974 Spring St
from B-2, Convenience & Comparison Business to FBC, Neighborhood
Core and to rezone 151/157/171/181 Allen Ave and 971 Jay St from R-3,
High Density Single Family Residential to FBC, Neighborhood Core, by
General Capital Acquisitions, LLC.
The properties are being rezoned to allow for affordable apartments. The
Planning Commission recommended approval of the request by a 7-0
vote.
STAFF RECOMMENDATION: To approve the request to rezone 162 E
Apple, 170 E Apple, 974 Spring, 971 Jay, and 151/157/171/181 Allen to
Form Based Code, Neighborhood Core.
7.m Request to Rezone 550 W Grand Ave - Second Reading - Planning
Request to rezone the property at 550 W Grand Ave from FBC, Urban
Residential to FBC, Neighborhood Core, by General Capital Acquisitions,
LLC. The properties are being rezoned to allow for affordable apartments.
The Planning Commission recommended approval of the request by a 7-0
vote.
STAFF RECOMMENDATION: To approve the request to rezone the
property at 550 W Grand Ave to Form Based Code, Neighborhood Core.
7.n City Hall Operations Space Needs Analysis Contract - Development
Services
Staff is requesting authorization to enter into a contract with Integrated
Architecture in the amount of $29,260 to complete a space needs analysis
for City Hall operations that considers a potential move to the former
Hackley Administration Building.
The City issued an RFP on October 5, 2023 to conduct a space needs
analysis for City Hall operations. The analysis will compare the available
space in both the current City Hall building at 933 Terrace Street and the
former Hackley Administration Building at 349 W. Webster Avenue to
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evaluate a potential move of City Hall staff and services to the former
Hackley Administration Building.
Three (3) proposals were received and staff is recommending award of
the services to Integrated Architecture, based on their experience with
similar projects, and proposed timeframe for completion of the
analysis.The bids received were as follows:
- Integrated Architecture – $29,260
- DLZ Michigan, Inc. – $39,000
- Short Elliott Hendrickson (SEH) – $40,770
AMOUNT REQUESTED: $29,260
FUND OR ACCOUNT: 701-801-80200
STAFF RECOMMENDATION: To authorize staff to enter into a contract
with Integrated Architecture in the amount of $29,260 to complete a space
needs analysis for City Hall operations that considers a potential move to
the former Hackley Administration Building.
7.o Contract - City Hall Floor Office Remodel - Development Services
and Public Safety
Staff is requesting authorization to accept Tridonn Construction
Company’s bid in the amount of $247,234.00 to build out the vacant office
space on the second floor of City Hall to serve the Development Services
and Public Safety Departments.
The first phase of the office remodel was completed in 2020 for the
Development Services Department; with the addition of public
engagement staff and new employees in Development Services, more
space is needed. Additionally, the Detectives in the Public Safety
Department plan to relocate to a portion of the vacant space. $200,000
was budgeted in the Public Improvement Fund for the work. The City
issued an RFP for the work on July 27, 2023 and three (3) proposals were
received:
- Tridonn Construction – $247,234
- Clifford Buck Construction – $266,226
- Erhardt Construction – $389,900
Staff is recommending award of the services to Tridonn Construction
Company, which submitted the low bid for the work.
AMOUNT REQUESTED: $247,234.00
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FUND OR ACCOUNT: 701-801-80200
STAFF RECOMMENDATION: To authorize staff to accept Tridonn
Construction Company’s bid in the amount of $247,234.00 to build out the
vacant office space on the second floor of City Hall to serve the
Development Services and Public Safety Departments.
7.p DDA and District Library Member Appointments - City Clerk
Consider appointment of:
Andrew Boyd to the DDA/BRA/TIFA Board for a partial term
expiring 01/31/2025
Thomas DeVoogd to the District Library Board for a term expiring
06/31/2027.
DDA/BRA/TIFA liaison requested consideration of Andrew Boyd, business
owner in the district, to a term vacated by the resignation of Michael
Johnson, Sr. Hackley Public Library Board of Trustees President
recommended Thomas DeVoogd, citizen, to the District Library Board for
a term vacated at the expiration of Clayton Hardiman’s regular term in
June 2023.
STAFF RECOMMENDATION: Support the recommendation of city staff,
Library Trustee and Community Relations Committee to appoint both
applicants.
7.b Local Officers Compensation Commission Recommendation - City
Clerk
The City of Muskegon’s Local Officers Compensation Commission met on
October 16, 2023 and are recommending a salary increase of $600 for the
Mayor ($8,600 to $9,200) and $600 for City Commissioners ($6,900 to
$7,500). The LOCC is also recommending an increase in the budget for
training, education, and travel from $1,500 to $2,000 and $750 to $1,000
respectively.
AMOUNT REQUESTED: $6,200
FUND OR ACCOUNT: 101-101-702
STAFF RECOMMENDATION: To concur with the recommendation of the
Local Officers Compensation Commission.
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Action No. 2023-118(b)
Motion by: Commissioner St.Clair
Second by: Commissioner Gorman
To concur with the recommendation of the Local Officers Compensation
Commission.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
Emory
Absent (1): Commissioner Hood
MOTION PASSES (6 to 0)
7.c Early Voting Plan - City Clerk
Michigan enacted early voting with prop 22-2 which is required to be in
place by the Presidential Primary election in February 2024. Early voting
can be conducted by single municipality and/or in partnership. To provide
City of Muskegon residents with every possible opportunity to register to
vote or cast their ballot, it is recommended that the Commission adopt a
Voting Plan for Single Municipality and County Participating. Muskegon
County will have one site for all county residents at their Marquette
Campus and City of Muskegon will have one site at City hall for all City of
Muskegon residents. The initial election costs include 100% of the
purchase of designated early voting equipment used at the city and
shared costs of equipment used by the county with an anticipated 40%
equipment grant reimbursement from the State. Administration of future
elections will be funded wholly by the city for the single early voting site
and shared equally among the participants of the county site. It is
estimated the cost to participate with the County in February will be
$7,603 and for the City to do it alone will be $20,148.
AMOUNT REQUESTED: $30,000
FUND OR ACCOUNT: 101-215-729
STAFF RECOMMENDATION: To approve the 9 day early voting plan for
the City of Muskegon at City Hall and with the County building and
authorize the expenditures of $30,000.
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Action No. 2023-118(c)
Motion by: Commissioner St.Clair
Second by: Commissioner Ramsey
To approve the 9 day early voting plan for the City of Muskegon at City
Hall and with the County building and authorize the expenditures of
$30,000.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
Emory
ABSTAINED: (1): Commissioner Hood
MOTION PASSES (6 to 0)
7.i Pere Marquette Restroom RFP - DPW
Staff is requesting authorization to enter into an agreement with MCSA
Group for $65,479 for design and construction services related to the Pere
Marquette South Restroom.
The city issued an RFP on October 5, 2023 seeking proposals from
qualified firms for design and construction services for the Pere Marquette
South Restroom.
Five (5) proposals were received and staff is recommending award of the
services to MCSA Group, the highest scoring firm based on qualifications
of team, understanding of the requested services, the priced proposal, and
location of the firm. MCSA Group has significant experience in the design
and construction of similar park restroom facilities including historic
rehabilitation work, the ability to complete the work plan on time, and
offers a good value.
The scores of the proposals received are as follows:
924 – MCSA Group
857 – Short Elliot Hendricksen (SEH)
813 – Fleis & Vandenbrnk
717 – Architects Collaborative Design Partnership
648 – Driven Design
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AMOUNT REQUESTED: $65,479 ($700,000 Project Budget)
FUND OR ACCOUNT: 445 (Public Improvement)
STAFF RECOMMENDATION: To authorize staff to enter into an
agreement with MCSA Group for $65,479 for design and construction
services related to the Pere Marquette South Restroom.
Action No. 2023-118(i)
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To authorize staff to enter into an agreement with MCSA Group for
$65,479 for design and construction services related to the Pere
Marquette South Restroom.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
7.j Regional Transit Authority Resolution - Manager's Office
Staff is seeking approval of a resolution of intent to join other
municipalities in forming a regional transit authority which will establish
articles of incorporation to meet requirements in Act 196.
The Deputy City Manager has been participating with other municipalities
in an effort to explore the establishment of a regional transit authority.
Muskegon County wishes to transition its control of public transportation
services to a new public transportation authority and are seeking
confirmation and support from the municipalities who want to continue
transit service. By adopting the attached resolutions, we are committing to
work with the other municipalities in developing and filing the articles of
incorporation for this new authority.
STAFF RECOMMENDATION: To approve the resolution of intent to
participate in Act 196 authority and authorize the clerk to sign.
Action No. 2023-118(j)
Motion by: Commissioner Ramsey
Second by: Vice Mayor German
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To approve the resolution of intent to participate in Act 196 authority and
authorize the clerk to sign.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
7.k Concession Contract Mac Kite - Parks & Recreation
Renewal of Mac Kite brick & mortar concessionaire agreement. Per
concession policy, Steve Negen of Mac Kite operating out of South Pere
Marquette, qualifies for up to a 5-year contract extension for brick & mortar
concessionaires. The business will be giving lessons on Wing Foil and
Efoil equipment per their proposal. The contractual fees for a brick and
mortar at this location is set at $1,000/Year + 10% of gross receipts or
$2,500/Year, whichever is expected to be more.
STAFF RECOMMENDATION: To grant staff permission to extend the
contract of Mac Kite through April of 2029.
Action No. 2023-118(k)
Motion by: Commissioner Ramsey
Second by: Commissioner Emory
To grant staff permission to extend the contract of Mac Kite through April
of 2029.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
8. Public Hearings
9. Unfinished Business
10. New Business
10.a Conflict of Interest Disclosure for Employee Request -Community &
Neighborhood Services
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Seeking approval to waive conflict pursuant to City Charter and State Law.
City staff will be seeking to submit a request to the Department of Housing
and Urban Development for an Exception for a Conflict of Interest for the
City of Muskegon Community and Neighborhood Services (CNS)
Department Priority Home Repair Program.
Under State law, a contract between a public entity and a public servant is
permissible in this particular case when:
The public servant discloses in writing to the Mayor, seven days
prior to City Commission action, their interest in the issue and the
value of benefits to be provided by the City;
The official body discloses a summary of the transaction in its
official minutes.
Where a “conflict of interest” does exist pursuant to the City Charter, the
City may still enter into the contract if all the following occurs:
The City Commission declares that it is in the best interest of the
City to enter into the contract.
The City Attorney and employee letter is in the packet.
AMOUNT REQUESTED: $1,944.75 not to exceed $3,000.
FUND OR ACCOUNT: 472-718-801
STAFF RECOMMENDATION: To waive the conflict of interest pursuant to
City Charter and State Law and request the Department of Housing and
Urban Development for an exception approve the request of Conflict of
Interest Exception for the City of Muskegon Community and Neighborhood
Services Department Priority Home Repair Program.
Action No. 2023-119(a)
Motion by: Commissioner Ramsey
Second by: Commissioner Hood
To waive the conflict of interest pursuant to City Charter and State Law
and request the Department of Housing and Urban Development for an
exception approve the request of Conflict of Interest Exception for the City
of Muskegon Community and Neighborhood Services Department Priority
Home Repair Program.
13
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
10.b Fire Engine Replacement Purchase - Fire Department
The Fire Department seeking approval to purchase a firefighting pumper
apparatus to replace a 2010 fire apparatus.
The Fire Department is seeking approval to purchase 2023 Spartan Star
Series pumper from CSI Emergency Apparatus LLC of Graying Michigan
for $972,276.00. This pumper will replace Engine 25, a 2010 Spartan
Metro Star with 137,043 miles. The mandatory replacement for frontline
fire apparatus is 15 years. The expected delivery date of this purchase is
approximately 600 days or June of 2025.
We did receive a bid for a Pierce Enforcer from Halt Fire of Wixom
Michigan for $1,167,753.00.
Sutphen Fire Apparatus of Dublin Ohio stated they would not be taking
orders until January of 2024.
A mandatory diesel emissions standard will go in effect in 2024.
Manufactures are warning of a $150,000 price increase to meet the new
emissions standards.
AMOUNT REQUESTED: $972,276.00
FUND OR ACCOUNT: 101-336-977
STAFF RECOMMENDATION: To approve staff to enter into a purchase
agreement with CSI Emergency Fire Apparatus for a 2023 Spartan Star
pumper.
Action No. 2023-119(b)
Motion by: Commissioner St.Clair
Second by: Vice Mayor German
To approve staff to enter into a purchase agreement with CSI Emergency
Fire Apparatus for a 2023 Spartan Star pumper.
14
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
10.c Final Planned Unit Development Approval - 2400/2850 Lakeshore
Drive
Request for final Planned Unit Development approval at 2400 and 2850
Lakeshore Dr for a mixed-use development including residential and
commercial, by Parkland Acquisition Six, LLC. The Planning Commission
recommended approval of the PUD, with conditions, by a 6-0 vote at their
November 6 meeting.
STAFF RECOMMENDATION: To approve the request for final Planned
Unit Development approval at 2400-2850 Lakeshore Dr, contingent upon
the acquisition of the property by Parkland Acquisition Six, LLC based on
the PUD review standards listed in Article 21, number 1, part C - 1 through
7 of the zoning ordinance, with the following conditions:
1. A traffic study be conducted, reviewed, and published by the Public
Works Director.
2. A stormwater permit is granted from the Engineering Department.
3. A utility plan is approved by the Public Works Director.
4. All applicable permits from various State Departments are
obtained.
5. A revised plan showing fire access to the marina slips is approved
by the Fire Marshall.
6. A landscape management plan will be submitted and approved by
DPW Director inclusive of the natural vegetation zone.
Action No. 2023-119(c)
Motion by: Commissioner Gorman
Second by: Commissioner Emory
To approve the request for final Planned Unit Development approval at
2400-2850 Lakeshore Dr, contingent upon the acquisition of the property
by Parkland Acquisition Six, LLC based on the PUD review standards
15
listed in Article 21, number 1, part C - 1 through 7 of the zoning ordinance,
with the following conditions:
1. A traffic study be conducted, reviewed, and published by the Public
Works Director.
2. A stormwater permit is granted from the Engineering Department.
3. A utility plan is approved by the Public Works Director.
4. All applicable permits from various State Departments are
obtained.
5. A revised plan showing fire access to the marina slips is approved
by the Fire Marshall.
6. A landscape management plan will be submitted and approved by
DPW Director inclusive of the native vegetation zone.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
10.d 1st Quarter Budget Reforecast - Finance
At this time staff is asking for approval of the 1st Quarter Budget
Reforecast for the FY2023-24 budget year.
Highlights of 1st Quarter Budget Reforecast:
101 General Fund Revenues:
There are no amendments for revenue for 1st Quarter. We are going to
take a deeper look at revenue in the 2nd quarter due to 1st quarter only
having 3 months of activity.
Expenditures:
City Commission Dept 101-Increase expenditures by $5,602 due to
passage of increase in Salary & Benefits from Local Officer Compensation
Board.
City Promotions & Public Relations Dept 103-Increase of $14,000 for
newsletter print cost, Watch Donation, and Lakeside Bid Donation.
Decrease of $39,448 to move intern’s salary to Managers Office.
16
City Manager Dept 172- Increase of $42,308 due to moving Intern from
Promotions, Human Resource Office buildout, and Human Resource
Computer.
Information Systems Dept 228-Increase of $30,800 for BSA Cloud down-
payment (Passed by Commission on September 26,2023).
Contributions Dept 252-Increase $5,000 for Lakeside Bid Fall Festival.
City Hall Maintenance Dept 265-Increase expenditures by $10,000 due to
increase in water rates.
Planning Dept 701- Total increase of $35,000. Of which $24,000 is for a
possible Planner 3 position. $10,000 is for conference and training that
was inadvertently omitted from the original budget. $1,000 is an increase
in office supplies.
Capital Projects Dept 901-Increase of $60,000 for the second-floor
remodel.
202 Major Streets Fund Revenues:
There are no amendments for Revenue.
Expenditures:
Added $40,000 for intersection repairs at Getty and Marquette.
203 Local Streets Fund Revenues:
There are no amendments for Revenue.
Expenditures:
Increased by $625,000. $275,000 each for Millard and Edgewater.
$75,000 for engineering of New and 2nd street.
Brownfield & DDA Funds Revenues:
Increase of revenue by $168,500 for treasurers’ projections of current year
tax roll.
Expenditures:
Decrease of $2,400 due to treasurers’ projections of current tax roll.
254 Trinity Health Arena Fund Revenues:
Increase Annex Revenue by $13,000 due to number of therapists
operating.
17
Expenditures:
Increase of $15,040 for arena glass and ADA.
445 Public Improvement Fund Revenues:
There are no amendments to Revenue.
Expenditures:
Increase by $60,000 for Nelson House Move and $400,000 for PM South
Restroom.
590 Sewer Fund Revenues:
There are no amendments to Revenue.
Expenditures:
Increase expenditures by $280,318 for City Service Fee and Utility
Administration Fee.
591 Water Fund Revenues:
There are no amendments to Revenue.
Expenditures:
Increase of $1,078,667 for bond payments and expenditures.
677 General Insurance Fund Revenues:
There are no amendments to Revenue.
Expenditures:
Increase of $4,103.50 for Masks, MERS Conference, JJ Keller Increase,
and EAWM table increase.
AMOUNT REQUESTED:
101 General Fund increase expenditures by $163,262.00
202 Major Street Fund increase expenditures by $40,000.00
203 Local Street Fund increase expenditures by $625,000.00
254 Trinity Health Arena Fund increase revenue by $13,000.00
254 Trinity Health Arena Fund increase expenditures by $15,040.0
445 Public Improvement Fund increase expenditures by $640,000.00
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590 Sewer Fund increase expenditures by $280,318.00
591 Water Fund increase expenditures by $1,078,677.00
677 General Insurance Fund increase expenditures by $4,103.20
FUND OR ACCOUNT: Multiple
STAFF RECOMMENDATION: To approve the 1st Quarter FY2023-24
Budget Reforecast as presented.
Action No. 2023-119(d)
Motion by: Commissioner Ramsey
Second by: Commissioner Hood
To approve the 1st Quarter FY2023-24 Budget Reforecast as presented.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner
Ramsey
Absent (1): Commissioner Emory
MOTION PASSES (6 to 0)
11. Any Other Business
12. Public Comment on Non-Agenda items
Public comments were received.
13. Closed Session
13.a Discuss Pending Litigation
Action No. 2023-120
Motion by: Commissioner St.Clair
Second by: Commissioner Emory
To go into Closed Session to consult with our attorneys regarding
settlement strategy in connection with Stephen Pase v Mason Adkins,
United States District Court for the Western District of Michigan, Southern
Division, Case No. 1:22-CV-667-PLM-PJG because an open meeting
would have a detrimental financial effect on the settlement position of the
City of Muskegon.
19
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
Motion by: Commissioner St.Clair
Second by: Commissioner Hood
To go out of Closed Session.
MOTION PASSES
Motion by: Commissioner Hood
Second by: Vice Mayor German
To pay the proposed settlement.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
14. Adjournment
The City Commission meeting adjourned at 10:28 p.m.
_________________________
Respectfully Submitted,
Ann Marie Meisch, MMC - City Clerk
20
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 28, 2023 Title: Cellular Water Tower Lease Negotiations
Submitted By: Dan VanderHeide Department: Water
Brief Summary: Staff requests authorization to enter into an agreement with Maralat
Communications to authorize them as the City’s exclusive lease negotiation consultant for three
cellular antenna leases on the City’s water towers.
Detailed Summary & Background: In the past, City staff has negotiated leases with cellular
companies that allow them to place antennas on our water towers for a fee. Based on the recent
positive experience with Maralat Communications, staff reached out and solicited a proposal from
them to act as the City’s exclusive lease negotiation consultant during three ongoing lease
negotiations. While staff has undoubtedly done a good job in the past, both Maralat and staff are
confident that a professional lease negotiator will secure the best market rates available and
increase the overall fees the City will be paid compared to staff-negotiated leases.
Although the agreement refers to four locations, two towers are under one lease so only three leases
are proposed for negotiation at this time. The fees are based on the terms Maralat is able to obtain
for the City, so the City and Maralat both benefit from strong negotiation. Staff has estimated the
fees (based on 5% of the total fees negotiated in the first term of each lease) at $49,470 based on
our current lease rates, but the actual fees will be based on the new lease rates and are capped at
$75,000 (based on the negotiation of three leases each capped at $25,000 in fees). While this is an
unbudgeted expense, staff and Maralat are confident the cost will be covered by the additional rates
that will be negotiated compared to the staff-negotiated leases.
Goal/Focus Area/Action Item Addressed: Sustainability in financial practices and infrastructure
Amount Requested: $75,000 Budgeted Item:
(Estimated at $49,470 but Capped at $75,000) Yes No N/A
Fund(s) or Account(s): 590 (Water) Budget Amendment Needed:
Yes No N/A
Recommended Motion: I move to authorize staff to enter into an agreement with Maralat
Communications to authorize them as the City’s exclusive lease negotiation consultant for three
cellular antenna leases on the City’s water towers.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
EXCLUSIVE LEASE NEGOTIATION CONSULTANT CONTRACT
This “exclusive lease negotiation consultant” agreement is made this 30th day of
October, 2023 between Maralat Communications, LLC/Timothy K. Romanowski
(hereinafter referred to as the Consultant); with an address of 15739 Churchill,
Southgate, Michigan 48195 and the City of Muskegon, with an address of 933 Terrace
Street, Muskegon, Michigan 49441 (hereinafter referred to as “the City”).
Whereas the City wishes to retain the exclusive services of the Consultant to
negotiate the inception and/or renewal of site telecommunication leases for the city
at the following specific locations and other future locations at the option of the city:
1. Water Tower located at 275 Marshall Street, County of Muskegon
2. Water Tower located at 719 Nims Street, County of Muskegon
3. Land lease at “Muskegon County APN: 24-133-400-0013-00”.
4. Water Tower located at 1596 Superior Street, County of Muskegon
and,
Whereas the consultant is a licensed real estate broker for the State of Michigan
and is also an experienced telecommunications developer and project manager,
Both the city and the consultant now wish to enter into this agreement whereby
the consultant will negotiate the telecommunication site leases and/or land lease
renewals referenced above in a fiduciary capacity for the best interest of the city,
and any other additional leases that the city may decide to include in this
agreement. The city may add additional leases for the consultant to negotiate, by
reference of a letter of inclusion or an email referencing the inclusion of additional
leases in this agreement. Such communication would then be confirmed by the
consultant.
As consideration for the efforts of the consultant to negotiate with and/or meet with
as necessary, telecommunication carriers on behalf of the city, the City hereby agrees
to pay the consultant a commission of five percent (5%) of the aggregate lease
amount for the initial lease term of each individual lease and all additional monies
and/or fees paid to the city during the initial lease term, with the total commission
not to exceed $25,000.00 for any one lease. The consultant fee or commission shall
be paid in full to the consultant upon the execution of the referenced lease or lease
renewal.
This exclusive agreement between Maralat Communications, LLC/Timothy K.
Romanowski as consultant and the City of Muskegon shall be in effect for a period of
one year from the date of full execution of this agreement and shall automatically
renew at each one year anniversary of the date of full execution unless a NOTICE OF
CANCELLATION has been sent by either party to the other, provided that no such
notice can take effect if it is sent during any ongoing communication and/or
negotiation by the consultant with a telecommunications carrier on behalf of the city.
The NOTICE OF CANCELLATION may be sent by either party via first class mail or
email.
Page 1 of 2
As the undersigned below, Jonathan Seyferth hereby warrants and affirms that he is
authorized to execute this agreement on behalf of the City of Muskegon.
__________________________
Timothy K. Romanowski
Maralat Communications, LLC | Managing Member
Consultant
Dated:
__________________________
Jonathan Seyferth
City of Muskegon | City Manager
Dated:
Page 2 of 2
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 28, 2023 Title: PFAS Settlement
Submitted By: Dan VanderHeide Department: Water Filtration
Brief Summary: Staff requests concurrence on the decision to remain a part of class-action
lawsuits against 3M and DuPont.
Detailed Summary & Background: The class action suits and associated settlement is for
contaminated drinking water only (not PFAS contamination in the environment). There are two
separate settlements, one from 3M and one from Dupont. The settlement is divided into phases,
and we qualify for money allocated in the first phase due to PFAS detections in our source water
prior to June 22, 2023. Opt-out deadlines for both settlements are in early December of this year.
A score will be calculated to determine how the funds will be allocated. The score will include the
size of the source (production capacity and actual capacity) and the levels of PFAS detected. Our
source water PFAS detections have mostly been in the range of 0-3 ppt, below the current
and proposed maximum contaminant levels (MCLs) for drinking water. We did have one
abnormally high source water sample from April 2022: PFOA 13 ppt (Michigan MCL 8 ppt, EPA
proposed MCL 4 ppt) and PFOS 4 ppt (Michigan MCL 16 ppt, EPA proposed 4 ppt). This should
work in our favor, but to what extent is hard to say. Money will also be set aside for additional
claims until 2030 if our source was to exceed an MCL. This violation of an MCL could be due to
either an increase in PFAS levels or a decrease in the MCL. There are no conditions on how the
funds need to be spent, however we will not know the amount until after the opt-out deadline.
The City attorney has recommended we remain in the settlement based on a very low chance of
receiving more funds than the settlement if we were to opt out.
More information is available at the website: https://www.pfaswatersettlement.com/
Goal/Focus Area/Action Item Addressed: Sustainability in financial practices and infrastructure
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): 591 (Water) Budget Amendment Needed:
Yes No N/A
Recommended Motion: I move that the City of Muskegon remain a part of class-action lawsuits
against 3M and DuPont.
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: November 28, Title: Special Event Policy
2023
Submitted By: Jacqui Erny Department: Public Works
Brief Summary: Staff is seeking approval to the proposed changes to the Special Event Policy.
Detailed Summary & Background: Included is the Special Event Policy with proposed changes.
Changes include:
Applications need to be submitted at least 45 days in advance to allow enough time for staff
to review and approve event requests. Then staff communicates to the event conditions
that must be met for the event to be held. Many of these conditions must be two weeks
before the event is held.
Application fee changes to simplify the fee structure.
Providing food vendor requirements in policy as suggested by the Fire Marshal.
Increasing the footprint of who is notified when a street is closed.
Begin to offer card board trash bins for events to use so events have an option of a trash
receptacle they could pick up or have delivered for free.
Increase fee for trash cans/bins to cover costs.
Picnic Tables will no longer be rented and delivered by staff. A group of tables will be
available for events to pick up and return for free.
No longer offer an hourly rate to have a liquor license in Hackley Park. Only one event can
occur in the park per day.
Remove fee for using bike and walking paths. Using the bike path is encouraged versus
using a street.
Change Pere Marquette Use fees to be year-round and based on area zones instead of
number of attendees. Basing the fees on attendees is difficult to determine and can change
year to year. Zone based fees will help events know their fees when applying and can
encourage events to move to a less populated area of the beach.
Change Pere Marquette user fees to daily fees and have different fees for weekends vs
weekdays. Daily fees can encourage events to have a faster setup and tear down period.
Lower weekday fees can encourage events to move to a weekday to save money and have
less fees during their setup period.
Increase parking fees in lots around Pere Marquette. The impact of events at the beach is
significant for availability of parking. As many spaces as possible should be left available to
residents and visitors.
Goal/Focus Area/Action Item Addressed: Proceed with events and activities.
Amount Requested: NA Budgeted Item:
Yes No N/A
Fund(s) or Account(s): NA Budget Amendment Needed:
Yes No N/A
Recommended Motion: I move to approve changes to the Special Event Policy.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
CITY OF MUSKEGON
SPECIAL EVENT POLICY
The City of Muskegon has many parks and facilities available for use. A
Special Event Application is required for any public event held on City
property or requiring City services. While there are several City departments
involved in the special event process, this policy centralizes the
administration of special events with the Department of Public Works. Email
[email protected] or call (231) 724-6907 for any questions.
For events where alcohol is served, applicants must also obtain
approval from the State of Michigan Liquor Control Commission and the Muskegon Police
Department (231-724-6750), in addition to completing the Special Event Application. Liquor
license approval is a separate process from the Special Event Application, with its own fees and
regulations. The final authority for signing special liquor licenses is with the Public Safety Director. For
State of Michigan liquor license regulations and information, please visit the State of Michigan’s website
at www.michigan.gov/lara.
SPECIAL EVENT APPLICATION PROCEDURE
I. Special Event Application (“Application”) Submission & Fee Schedule
All Applications shall be filed with the Department of Public Works at least forty-five (45)thirty (30) days
prior to the event. The non-refundable Application fee must be paid at the time the Application is
submitted.
Events occurring during peak event season Events occurring outside of peak season
April 15 – September 30 January 1 – April 14 / October 1 – Dec. 31
$100 fee for applications submitted 60 days or more $100 fee for applications submitted 60 days or
prior to the event date more prior to the event date
$250 fee for applications submitted 45-5946-59 days $200 fee for applications submitted 45-59 days
prior to the event date prior to the event date
$400.00 fee for applications submitted 30-44 days $300.00 fee for applications submitted 33-44 days
prior to the event prior to the event
Applications submitted less than 4530 days prior $400 fee for applications submitted less than 30
to the event date will not be accepted. days prior to the event
Application and parade event fees may be waived for Veteran’s groups. In addition, the City’s
recognized Neighborhood Associations are entitled to two Application and event fee waivers per year
in addition to National Night Out festivities, provided that the Application is submitted to the Department
of Public Works at least 3045 days in advance of the event date. Up to two application fees may be waived
for a non-profit organization in its lifetime. The non-profit must serve City of Muskegon residents to
qualify.
The Application shall be submitted on the appropriate form. The Application fee must be paid at the
time of Application submission or the Application will not be considered. The City of Muskegon
Request for Special Event Application form can be found on the City’s website at www.muskegon-
mi.gov, or you may email [email protected] or call (231) 724-6907 to have one mailed,
or visit the Department of Public works at 1350 E Keating Ave, Monday – Friday from 8:00 am. Until
4:300 p.m. excluding holidays.
Block Parties. The City has a separate Block Party Policy and Application. Contact the Department of
Public Works at [email protected] or 231-724-6907 for further information about block
parties.
4th of July weekend. Margaret Drake Elliott Park is not available for special events on the 4th of July,
including the entire weekend if July 4 falls on a Friday, Saturday, or Sunday. The park is reserved for
-1-
picnicking during this holiday.
-2-
Reserving event dates for multiple years. As long as prior year event fees are paid in full, established
events may reserve their event date(s) and location for future years. A completed special event
application must be received by February 1 of each year in order to hold the date(s) and location.
II. Event Requirements
All Special Event permittees must adhere to the following rules and regulations. Failure to do
so may result in the applicant having any conditional approvals revoked, being held responsible for
any damages and/or denial of future event Applications.
(a) Public Safety Personnel. While the presence of public safety personnel
(police/fire/medical) may not be required at all special events, it shall be the discretion of the Public
Safety Director if city police and/or fire officials may be required. The applicant/organization will be
responsible for payment of public safety personnel services. See Fee Schedule (Section IV) for fee
estimates. If an event is cancelled with less than 72 hours’ notice, the applicant/organization will be
responsible for paying two hours’ pay per officer, per union contract requirements. Applicants are not
allowed to provide their own public safety staff (police/fire/medical) without prior approval of the City of
Muskegon’s Public Safety Director.
(b) Liability Insurance. The applicant must provide proof of liability insurance in the amount
of $1,000,000 naming the City of Muskegon as an additional insured. You may use an insurance agent
of your choice. An acceptable certificate of insurance must be submitted no later than 10 days before
the event date. Please inform your insurance agent that the wording on the certificate must read:
“The City of Muskegon, all elected and appointed officials, all employees and volunteers, all boards,
commissions and/or authorities and board members, including employees and volunteers thereof; it
is understood and agreed that by naming the City of Muskegon as additional insured, coverage
afforded is considered to be primary and any other insurance the City of Muskegon may have in
effect shall be considered secondary and/or excess.”
(c) Restroom Facilities. All outdoor events shall provide adequate restroom facilities (i.e.
portable toilets) including handicapped-accessible facilities per ADA requirements. Restroom
placement shall not impede sidewalk traffic.
(d) Digging & Staking. Digging or staking at into paved areas, including roadways, sidewalks,
and public parking areas, is not permitted. Digging or staking into non-paved ground shall be cleared
through Miss Dig in order to avoid damage to underground utilities. The Applicant Organization is
responsible for contacting Miss Dig (1-800-482-7171, or dial 811) a minimum of 5 working days prior to
event set-up. The applicant will also be responsible for paying an electrician to locate underground utility
lines and a City employee to location irrigation/water lines, if required. A penalty of $100 will be charged
for an unapproved staking and the Applicant Organization will be responsible for the cost of any
damages to underground utilities, including irrigation lines, caused by digging or staking.
(e) Electrical and Water Hook-up The applicant must adapt to electrical power available on-
site, or provide their own generator. When using City electrical panels, the applicant shall read the meter
before and after the event, and report those numbers to the City’s special event coordinator upon
request. City fire hydrants may be used as a water source for a fee (see Fee Schedule - Section IV) for
cost. It is the responsibility of the applicant to provide acceptable hoses for potable water usage, which
meet Health Department requirements.
(f) Inspections. The event location is subject to all building, plumbing, mechanical, electrical,
and fire codes. It is the permittee’s responsibility to schedule an inspection by any and all required
inspectors and pay the required inspection fee(s). The City’s building inspection department
(SAFEbuilt), requires an inspection of assembly tents that are 400 sq ft or greater. See Fee Schedule
(Section IV) for costs. For events having multiple tents, contact the City’s Building Official for inspection
fees.
-3-
(g) Food trucksFood Vendors. Any food trucks or vendors using deep fryers and/or propane
cylinders must be inspected and approved by the Fire Marshal prior to participation in a special event.
These vendors are required to have no less than a 5 lbs ABC-type fire extinguisher which has a current
inspection tag and a class K type fire extinguisher for any deep-frying equipment wherein oils and/or
grease is used as a medium. Contact the Fire Marshall for an inspection at (231) 724-6793.
• Food trucks/trailers. All food trucks or trailers must be inspected and approved by the Fire
Marshal at least 2 weeks prior to participation in a special event. A current, completed and
approved Muskegon County, Grand Rapids FD, Holland FD, Grand Haven DPS or Kalamazoo
County inspection will be accepted. Contact the Fire Marshal for an inspection at (231) 724-
6793.
• Food vendor tents. All vendors cooking in a tent must have tar paper on the ground in their
whole footprint. Food tent vendors are required to have at a minimum: a 3A-40BC ABC-type
fire extinguisher and a Class-K type fire extinguisher for any deep-frying equipment or when
oil and/or grease is used/produced during food preparation. These extinguishers must have
a current inspection tag from a third-party vendor. Additional extinguishers and
requirements may be required and enforced by the inspecting Fire Official. Food vendors
using a tent are subject to site inspection that shall be performed after the tent and all
equipment are in place and operational.
(g)(h) Camping/Campgrounds. Approval must be given by the City Commission to have
camping at your event at least 60 days before the event. The Department of Public Works will submit the
request to the City Commission. Events that include overnight camping or a campground area also
require a permit from the Muskegon County Health Department and Department of Environment, Great
Lakes and Energy. To obtain information about this permit, call (231) 724-6208. A copy of an approved
permit must be provided to the City.
(h)(i) Event Set-up and Tear-down. For events utilizing any public roadway, no tents, booths,
vendors, or equipment shall be set up in the roadway prior to 6:00 p.m. the day before the event. All
signs, tents, booths, vendors, and equipment must be removed from the roadway prior to 6:00 a.m. the
day after the event.
(i)(j) Site Clean-up and Trash Disposal. The Applicant shall be responsible for clean-up of
City facilities after the event. This includes the removal of trash from the site (do not leave full trash cans
on site). Applicants shall provide their own Dumpster. The City shall have the right to enforce cleanup
measures, including but not limited to entry and cleaning of property by City personnel with costs
charged to the owner, occupant, or applicant. City staff may require a walk-through after the event to
ensure satisfactory clean-up.
(j)(k)Merchandise Sales. Sales of all merchandise for Special Events must be out of the public
right-of-way, unless prior authorization is received.
(k)(l) Events Using Water. Events utilizing a body of water such as Muskegon Lake and/or Lake
Michigan require Coast Guard (414-747-7100) and/or Department of Natural Resources (269-685-
6851) special event approval.
(l)(m) Pyrotechnics. Events utilizing any kind of pyrotechnics must contact the Fire Marshal (231-
724-6793) and must also obtain the appropriate permits from the City Clerk’s Office (231-724-6705).
(m)(n) Compliance with all regulations. Special Event applicants/organizations are
responsible to ensure that all applicable laws and ordinances are followed. Failure to comply with all city
ordinances, rules and regulations may result in the denial of future special event requests.
III. Special Event Application Processing
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(a) Application Intake. Department of Public Works Office staff shall be responsible for intake
of Special Event Applications and dissemination to appropriate City staff for review and approval. The
Application fee must be submitted with the Application. Liquor license Applications shall be filed with
the Public Safety Director.
(b) Event Approval. The City will issue a conditional approval or denial no later than 30 days
after the Application date whenever possible. Preliminary approval may be given to allow the applicant
to advertise the event, with final details to be worked out with staff. An approval letter will be issued,
listing conditions of approval.
(c) Application Denial. If City staff reviews an Application and denies same, it shall be stated
in writing the reasons for the denial. An appeal of that decision may be made to the City Commission,
whose decision shall be final.
(d) Unpaid Invoices Due the City. Any past due fees/invoices owed to the City will result in
denial of the event Application and/or future Special Event requests until paid in full.
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(e) Meetings with Staff. City staff will meet with applicants to discuss event details if needed.
Contact the City’s special event coordinator in the Department of Public Works to request a meeting.
There may also be instances when City staff may require a meeting with the applicant. Failure to attend
a requested meeting may result in denial of the Application.
(f) Street Closures/Barricading. Requests for City road closings/barricading require approval
of the Public Safety Director and the DPW Superintendent. DPW Office staff will forward requests to the
appropriate personnel once the Application and fee are submitted. The applicant is responsible for all
associated costs, which may include barricades, public safety services, etc. There is an additional $50
fee for each block closed beyond 2 blocks. City Commission approval may be required in some cases.
If a street closure is approved for an event, the Applicant must provide written notification to all
businesses and residences located along the affected street(s) and one block surrounding event
footprint at least 10 days prior to the event date. Changes to street closures requested within 30 days
of the event date will incur a $50 fee. No route and/or road closure changes will be allowed within 14
days of an event.
(f)(1) Time Restrictions Streets shall not be closed prior to 6:00 p.m. the day before the event
and must be open by 6:00 a.m. the day following the conclusion of the event.
(f)(2) Parking along event routes. The applicant shall be responsible for posting “No Parking”
signs along the closed streets of an event route at least 48 hours in advance of the event date.
The City’s Department of Public Works may have No Parking signs available for use. However,
the applicant/organization must attach 5 ½” by 8 ½” addendums to the signs noting the name of
the event and date and time the parking restrictions will be in effect.
(g) Runs/Walks. For races, runs, walks, or parades, the applicant must submit a map with the
Application, showing the proposed route. In addition, if any streets will be closed or partially closed, the
applicant must provide written notification to all residents and businesses along the route as stated
above in paragraphs (f) and (f)(1). The City’s special event coordinator can provide the names and
addresses of affected homes and businesses to be notified. The applicant is responsible for any public
safety and/or DPW costs for street closures (barricades, police presence at intersections if needed,
etc). Western Ave from Shoreline Dr to 8th St will not be closed for a walk or run.
(g)(1) Use of Lakeshore Trail bike path. For events utilizing the Lakeshore Trail bike path,
there is a trail use fee that will be billed upon completion of the event (see Fee Schedule) to
help cover trail maintenance expenses. In addition, any events using the path must post
signage at trail entry points on the day of the event, notifying users that there is an event
occurring on the trail. Signs may be generic, such as “EVENT ON BIKE PATH TODAY”
(organizations using the path for events may share signs to reduce costs). The City’s Parks
Supervisor can assist you in locating sign placement locations.
(h) Site Plan. The City may require submittal of a site plan showing the event grounds and
the location of tents, vendors, portable toilets, and other structures.
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IV. Special Event Fee Schedule (Use of City Equipment, Labor Charges, Liquor Licenses,
Inspections, Park use fees)
ITEM / SERVICE RENTAL FEE (plus labor if necessary)
55-gallon metal trash can 55 gallon metal trash can $510.00 each
or Cardboard Bins (cardboard delivered for free)
Plastic trash bags (1 case) $40.00 per case or actual cost
Standard Traffic Cone $1.00 each
Tall “Grab” Cone $3.00 each
Picnic tables $10.00 each
Fire hydrant use (installation & removal of
$100.00 flat rate per hydrant
hydrant tree, water testing, and water usage)
DPW/Parks personnel labor costs $60.00/hour ($120/hour for Sundays and holidays)
(Transportation of Barricades/Cones/tables, etc) Truck/ trailer rental may also be charged
PUBLIC SAFETY SERVICES / FEES
NOTE: Liquor License fees are lowest when applied for at least 45 days in advance of the event date.
Liquor licenses will not be issued within 15 days of an event.
Special liquor license (non-profit)/New event $150.00 (if applied for at least 45 days in advance of event)
Special liquor license (non-profit)/Return event
$125.00 (if applied for at least 45 days in advance of event)
Organization located outside City of Muskegon
Special liquor license/Return event, in-City rate $ 75.00 (if applied for at least 45 days in advance of event)
Special liquor license (all) within 15-44 days of
$250.00
event
Liquor license/Temporary authorization –
$40.00 ($60 if within 15-44 days of event)
existing business/club
Public safety labor charges (police/fire/medical) $60.00 per hour (time and ½)
Public safety labor charges (police/fire/medical) $120.00 per hour (triple time/holidays)
INSPECTIONS
Inspection of assembly tent $50.00 (if multiple tents, contact building official for fees)
Contact the building inspection department to see if
Electrical or plumbing inspections
these are required
Fire Department inspection of food trucks Included with application fee
PARK USE FEES
Hackley Park exclusive use fee with Liquor License $100/hour or $500/day
Hackley Park use fee per quadrant $50/day per quadrant
Harbour Towne Beach user fee $1500.00 per event
Trail bicycle/walking paths $200 per event
Pere Marquette Park user fees (applicable May 15 through September 15) Costs are per day
Zone 1 Events less than 100 people $100 per event $400 weekdays; $600 Sat, Sun, and
Holidays
Zone 2 Events with 100 - 250 people $200 per event$300 weekdays; $450 Sat, Sun, and
Holidays
Zone 3 Events with 250 – 500 people $350 per event$200 weekdays; $300 Sat, Sun, and
Holidays
Zone 4 Events with 500 - 2000 people $500 per event$100 weekdays; $150 Sat, Sun, and
Holidays
Events with a Liquor LicenseEvents over 2000 $1500.00 per event (includes 20 reserved parking spaces)
people $1,500 per day
Parking spaces for event use $10 15 per parking space reserved per day (max 15
spaces) and each vehicle must have Beach Parking pass
Exclusive use fee of Ovals parking lot area $250 1,000 per day and each vehicle must have Beach
Parking pass
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Exclusive use fee of smaller parking lots near Pere $400 per day and each vehicle must have a Beach Parking
Marquette (Margaret Drake Elliott Lot, smaller lot Pass
near ovals, and lot near the roundabout.)
Camping at Pere Marquette Park $20 per night per camper or tent*
*The City Commission may opt to collect a percentage of
camping revenue for larger events in lieu of the $20 per unit
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Pere Marquette Fees
Pere Marquette Use Fees
Zone 1
Zone 2
Zone 3
Zone 4
Parking Fees 1
2
Parking 1
3
Parking 2
Parking 3
Parking 4 4
Reserved Parking Space
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 28, 2023 Title: Janitorial Services
Submitted By: Dan VanderHeide Department: DPW
Brief Summary: Staff is requesting authorization to approve a janitorial contract with Professional
Building Services to provide services at City Hall, Public Works and Water Filtration Plant buildings
and a janitorial contract with Goodwill Industries to provide services at Trinity Health Arena.
Detailed Summary & Background:
Staff solicited bids for a new three-year janitorial contract with fourth- and fifth-year options for City
Hall, Public Service Building, Water Filtration Plant, Trinity Health Arena for events and Trinity
Health Arena for locker room cleanings. The three-year bid total for each building are as follows:
City Hall
Goodwill Industries-$177,520.09
Reliant Professional Cleaning-$347,845.00
Detail XPerts-$141,000.00
Professional Building Services-$137,280.00
Cleaning by Francisca-$945,360.00
Public Service Building
Goodwill Industries-$104,790.13
Reliant Professional Cleaning-$117,294.00
Detail XPerts-$59,500.00
Professional Building Services-$64,350.00
Cleaning by Francisca-$641,520.00
Water Filtration Plant
Goodwill Industries-$34,184.86
Detail XPerts-$9,200.00
Professional Building Services-$25,500.00
Cleaning by Francisca-$460,440.00
Trinity Health Arena (Assuming 45 Events per year)
Goodwill Industries-$464,171.85
Cleaning by Francisca-$238,950.00
Trinity Health Arena (Per Locker Room Cleaning 1st year bid)
Goodwill Industries-$188.00
Cleaning by Francisca-$125.00
Staff is recommending to award the janitorial contract to Professional Building Services for City
Hall, Public Service Building and the Water Filtration Plant. Professional is the second lowest
bidder, they are a local company and have positive references.
Staff is recommending to award the janitorial contract to Goodwill Industries for Trinity Health
Arena. Goodwill has experience cleaning the Arena and has proven they are qualified to complete
the work.
Goal/Focus Area/Action Item Addressed: Sustainability in financial practices and infrastructure
Amount Requested: Budgeted Item:
$691,301.85 (3 years) Yes No N/A
*Additional Budget of $14,189.92 for FY 23/24
Fund(s) or Account(s): Budget Amendment Needed:
101-265-801, 642-441-801, 591-558-801, 254-
Yes No N/A
806-801
Recommended Motion: I move to authorize staff to award the City Hall, Public Service Building
and Water Filtration Plan janitorial contract to Professional Building Services for 3 years with
optional 4th and 5th year at $77,980 per year and award the Trinity Health Arena janitorial contract
to Goodwill Industries for 3 years.
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: November 28, Title: Sale of 730 Leonard Avenue
2023
Submitted By: LeighAnn Mikesell Department: Manager’s Office
Brief Summary: Staff is seeking approval of the sale of 730 Leonard Avenue.
Detailed Summary & Background:
730 Leonard Avenue was constructed through the agreement with Rudy Briggs to construct infill
housing with ARPA funding. The offer is for full asking price with seller concession of $4,950.
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.
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 approve the purchase agreement for 730 Leonard Avenue.
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
#
DATE: 11/07/2023 , (time) MLS #
SELLING OFFICE: Core Realty Partners BROKER LIC.#: 6505385692 REALTOR® PHONE:
LISTING OFFICE: REALTOR® PHONE:
1. Effective Date: This Agreement is effective on the date of Seller's acceptance of Buyer's offer or Buyer's acceptance of any
counteroffer, as the case may be, and this date shall hereafter be referred to as the "Effective Date". Further, any reference to "days"
in this Agreement refers to calendar days. The first calendar day begins at 12:01 a.m. on the day after the Effective Date. Any reference
to "time" refers to local time.
2. Agency Disclosure: The Undersigned Buyer and Seller each acknowledge that they have read and signed the Disclosure Regarding
Real Estate Agency Relationships. The selling licensee is acting as (choose one):
Agent/Subagent of Seller Buyer’s Agent Dual Agent (with written, informed consent of both Buyer and Seller)
Transaction Coordinator
Primary Selling Agent Name: Meisha Brown Email: [email protected] Lic.#: 6501419867
Alternate Selling Agent Name: Email: Lic.#:
3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.)
Buyer has received the Seller’s Disclosure Statement, dated .
Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt
of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this
Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by
registered mail. Exceptions:
Seller is exempt from the requirements of the Seller Disclosure Act.
4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached
and will be an integral part of this Agreement.
5. Property Description: Buyer offers to buy the property located in the City Village Township of Muskegon ,
County of Muskegon County , Michigan, commonly known as (insert mailing address: street/city/state/zip code)
730 Leonard Avenue, Muskegon, MI 49442
with the following legal description and tax parcel ID numbers:
LOT 5, EXCEPT THE WEST 0.66 FEET AND THE WEST 15.55 FEET OF LOT 6 BLOCK 3, GUNNS SUBDIVISION OF PART OF BLOCK 2, CITY OF
MUSKEGON, MUSKEGON COUNTY, MICHIGAN
PP# 6124405003000500 .
The following paragraph applies only if the Premises include unplatted land:
Seller agrees to grant Buyer at closing the right to make (insert number) max 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 $ 220,000.00
two hundred twenty thousand U.S. Dollars
7. Seller Concessions, if any: Seller to contribute 2.25% of purchase price towards buyer's closing costs,
prepaids ,discount and/or upfront mortgage insurance.
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 MSHDA type 30 (year) mortgage in the amount of 96.5 % of the Purchase Price
bearing interest at a rate not to exceed 7 % 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 10 days after the Effective Date, not to impair Buyers’ credit after the date such loan if
offered. Seller Buyer will agree to pay an amount not to exceed $ representing repairs required as a
condition of financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from
©Copyright, West Michigan REALTOR® Associations
Page 1 of 6 Rev. Date 1/2023 AB Buyer’s Initials LM Seller’s Initials
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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:
REFRIDGERATOR, STOVE, MICROWAVE, DISHWASHER
but does not include:
730 Leonard Avenue, Muskegon, MI 49442 11/07/2023
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023 AB Buyer’s Initials LM Seller’s Initials
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11:54 PM EST 8:49 AM EST
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11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
expended through normal use. Exceptions:
12. Assessments (choose one):
If the Property is subject to any assessments,
Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless
of any installment arrangements), except for any fees that are required to connect to public utilities.
Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume
and pay all other installments of such assessments.
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
730 Leonard Avenue, Muskegon, MI 49442 11/07/2023
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023 AB Buyer’s Initials LM Seller’s Initials
11/11/23 11/16/23
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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
12/22/2023 . 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
730 Leonard Avenue, Muskegon, MI 49442 11/07/2023
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
AB Buyer’s Initials LM Seller’s Initials
Revision Date 1/2023 11/11/23 11/16/23
11:54 PM EST 8:49 AM EST
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will have the privilege to occupy the Property and hereby agrees to pay Buyer $ as an occupancy
fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds.
If Seller fails to deliver possession to Buyer on the agreed date, Seller shall become a tenant at sufferance and shall pay to Buyer as
liquidated damages $ 150.00 per day plus all of the Buyer’s actual reasonable attorney's fees incurred in removing the Seller
from the Property.
If Seller occupies the Property after closing, Seller will pay all utilities during such occupancy. Buyer will maintain the structure and
mechanical systems at the Property. However, any repairs or replacements necessitated by Seller’s misuse, abuse, or neglect of any
portion of the Property will be Seller’s responsibility and expense.
On the agreed delivery date, Seller shall deliver the Property free of trash and debris and in broom-clean condition, shall remove all
personal property (unless otherwise stated in this or an additional written agreement), shall make arrangements for final payment on
all utilities, and shall deliver all keys to Buyer. Exceptions:
24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 5pm (time) on
11/14/2023 (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 $ 500.00
shall be submitted to Transnation Title Company (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:
Seller to provide scope and schedule of remaining work to be completed in comparison to completed units.
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
730 Leonard Avenue, Muskegon, MI 49442 11/07/2023
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
AB Buyer’s Initials LM Seller’s Initials
Revision Date 1/2023 11/11/23 11/16/23
11:54 PM EST 8:49 AM EST
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communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’
license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the
Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with
Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme
to steal funds or use your identity.
31. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer.
Anthony Beckem
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Buyer 1 Address X 11/11/23 11:54 PM EST
SD9B-N15I-LAHS-SY1N Buyer
Buyer 1 Phone: (Res.) (Bus.) Anthony Beckem
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.
X (Seller’s Signature, Date, Time): LeighAnn Mikesell
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PH68-OBKJ-M7RM-ZJTP
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):
730 Leonard Avenue, Muskegon, MI 49442 11/07/2023
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023 AB Buyer’s Initials LM Seller’s Initials
11/11/23 11/16/23
11:54 PM EST 8:49 AM EST
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 28, Title: Sale of 750 Leonard Avenue
2023
Submitted By: LeighAnn Mikesell Department: Manager’s Office
Brief Summary: Staff is seeking approval of the sale of 750 Leonard Avenue.
Detailed Summary & Background:
750 Leonard Avenue was constructed through the agreement with Rudy Briggs to construct infill
housing with ARPA funding. The offer is for full asking price.
Goal/Focus Area/Action Item Addressed: 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.
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 approve the purchase agreement for 750 Leonard Avenue.
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
#
DATE: 11/15/2023 , 10:37 (time) MLS #
SELLING OFFICE: Pinnacle Realty BROKER LIC.#: REALTOR® PHONE: 2319559545
LISTING OFFICE: TLK Real Estate Inc. REALTOR® PHONE: 231-740-1034
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 04/13/2023 .
Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt
of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this
Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by
registered mail. Exceptions:
Seller is exempt from the requirements of the Seller Disclosure Act.
4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached
and will be an integral part of this Agreement.
5. Property Description: Buyer offers to buy the property located in the City Village Township of Muskegon ,
County of Muskegon County , Michigan, commonly known as (insert mailing address: street/city/state/zip code)
750 Leonard Avenue, Muskegon, MI 49442
with the following legal description and tax parcel ID numbers:
LOT 5, EXCEPT THE WEST 0.66 FEET AND THE WEST 15.55 FEET OF LOT 6, BLOCK 3, GUNNS SUBDIVISION OF PART OF BLOCK 2, CITY OF
MUSKEGON, MUSKEGON COUNTY, MICHIGAN.
PP# 6124405003000800 .
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 11/30/2023 , of the proposed division to create the Premises.
6. Purchase Price: Buyer offers to buy the Property for the sum of $ 220,000
two hundred twenty 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 type (year) mortgage in the amount of % of the Purchase Price
bearing interest at a rate not to exceed % per annum (rate at time of loan application), on or before the date the sale is
to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to
process the application, within days after the Effective Date, not to impair Buyers’ credit after the date such loan if
offered. Seller Buyer will agree to pay an amount not to exceed $ representing repairs required as a
condition of financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from
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Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent.
Exceptions:
SELLER FINANCING (choose one of the following): CONTRACT or PURCHASE MONEY MORTGAGE
In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the
credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if
Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer
within 48 hours. Seller is advised to seek professional advice regarding the credit report.
$ upon execution and delivery of a
form (name or type of form and revision date), a copy of which is attached, wherein the balance of $
will be payable in monthly installments of $ or more including interest at % per annum,
interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance
will become due and payable months after closing. Any appraisal required by Buyer shall be arranged and
paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions:
EQUITY (choose one of the following): Formal Assumption or Informal Assumption
Upon execution and delivery of: Warranty Deed subject to existing mortgage OR Assignment of Vendee Interest
in Land Contract, Buyer to pay the difference (approximately $ ) between the Purchase Price above
provided and the unpaid balance (approximately $ ) upon said mortgage or land contract, which Buyer
agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future
taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten
(10) days after the Effective Date of this Agreement. Exceptions:
OTHER:
9. Contingencies: Buyer’s obligation to consummate this transaction (choose one):
IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer.
IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at:
A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale
or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in
writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest
Money Deposit.
IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing
of a sale or exchange of Buyer’s property located at
on or before . Seller will have the right to continue to
market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy
thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such
price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified
promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions:
10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All
improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the
following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and
bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage
disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached
shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and
pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on
heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid
heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete
rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball
backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars;
detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door
opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes:
All appliances seen on 11/10/23
but does not include:
N/A
750 Leonard Avenue, Muskegon, MI 49442 11/15/2023 10:37
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023 LL Buyer’s Initials LM Seller’s Initials
11/15/23 11/16/23
11:14 AM EST 8:55 AM EST
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11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
expended through normal use. Exceptions:
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
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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:
N/A
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
12/15/2023 . An additional period of fifteen (15) days will be allowed for closing to accommodate the correction of
title defects or survey problems which can be readily corrected, or for delays in obtaining any lender required inspections/repairs. During
this additional period, the closing will be held within 5 days after all parties have been notified that all necessary documents have been
prepared. Buyer and Seller will each pay their title company closing fee, if applicable, except in the case of VA financing where Seller
will pay the entire closing fee. Exceptions:
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
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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 $ 100 per day plus all of the Buyer’s actual reasonable attorney's fees incurred in removing the Seller
from the Property.
If Seller occupies the Property after closing, Seller will pay all utilities during such occupancy. Buyer will maintain the structure and
mechanical systems at the Property. However, any repairs or replacements necessitated by Seller’s misuse, abuse, or neglect of any
portion of the Property will be Seller’s responsibility and expense.
On the agreed delivery date, Seller shall deliver the Property free of trash and debris and in broom-clean condition, shall remove all
personal property (unless otherwise stated in this or an additional written agreement), shall make arrangements for final payment on
all utilities, and shall deliver all keys to Buyer. Exceptions:
N/A
24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 9 PM (time) on
11/15/2023 (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
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communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’
license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the
Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with
Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme
to steal funds or use your identity.
31. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer.
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Buyer 1 Address X Lois Lohman 11/15/23 11:14 AM
EST
FY0H-KYG8-HI13-6JIH Buyer
Buyer 1 Phone: (Res.) (Bus.) Lois Lohman
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.
X (Seller’s Signature, Date, Time): LeighAnn Mikesell
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Is Seller a U.S. Citizen or Resident Alien? Yes No*
Print name as you want it to appear on documents.
X (Seller’s Signature, Date, Time):
Is Seller a U.S. Citizen or Resident Alien? Yes No*
Print name as you want it to appear on documents.
Seller’s Address: Seller’s Phone (Res.) (Bus)
* If Seller(s) is not a U.S. Citizen or Resident Alien, there may be tax implications and Buyer and Seller are advised to seek professional advice.
37. Buyer’s Receipt/Acceptance: Buyer acknowledges receipt of Seller’s response to Buyer’s offer. In the event Seller’s response
constitutes a counteroffer, Buyer accepts said counteroffer. All other terms and conditions in the offer remain unchanged.
X (Buyer’s Signature, Date, Time):
X (Buyer’s Signature, Date, Time):
38. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer.
X (Seller’s Signature, Date, Time):
X (Seller’s Signature, Date, Time):
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 28, Title: Sale of 1271 Spring Street
2023
Submitted By: LeighAnn Mikesell Department: Manager’s Office
Brief Summary: Staff is seeking approval of the sale of 1271 Spring Street.
Detailed Summary & Background:
1271 Spring Street was constructed through the agreement with Dave Dusendang to construct infill
housing with ARPA funding. The offer is for $4,000 over asking price with the overage covering
the cost of central air. This results in a full price offer.
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.
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 approve the purchase agreement for 1271 Spring 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
#
DATE: 11/03/2023 , (time) MLS # 23140881
SELLING OFFICE: Re/Max West BROKER LIC.#: 6505356201 REALTOR® PHONE: 231-830-2251
LISTING OFFICE: West Urban Realty REALTOR® PHONE: 616-368-2459
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: Kurt Pieczynski Email: [email protected] Lic.#: 6502356202
Alternate Selling Agent Name: Cell 231-638-1389 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)
1271 Spring Street, Muskegon, MI 49442
with the following legal description and tax parcel ID numbers:
The east 74' of lot 10 Blk 264 Revised Plat of 1903, City of Muskegon, Muskegon County
PP# 24205264001000 .
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 $ 159900
one hundred fifty-nine thousand nine hundred U.S. Dollars
7. Seller Concessions, if any: NONE
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 current % 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 $ 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:
but does not include:
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©Copyright, West Michigan REALTOR® Associations
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11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
expended through normal use. Exceptions:
12. Assessments (choose one):
If the Property is subject to any assessments,
Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless
of any installment arrangements), except for any fees that are required to connect to public utilities.
Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume
and pay all other installments of such assessments.
Seller has an ongoing obligation through the Closing to disclose to the Buyer any known pending assessments, including, but not limited
to, any mandatory utility connection requirements, and/or benefit charges, and condominium special assessments, that have not been
previously disclosed in writing to Buyer.
13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all taxes
billed after those addressed below.
Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property
tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the
Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when
property is transferred.
No proration. (Choose one):
Buyer Seller will pay taxes billed summer (year);
Buyer Seller will pay taxes billed winter (year);
Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if
necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment
and prorated to the date of closing with Seller paying for January 1 through the day before closing.
Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one): advance. arrears.
Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal
year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken
down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions:
14. Well/Septic: Within ten (10) days after the Effective Date, (choose one) Seller or Buyer will arrange for, at their own expense,
an inspection of the primary well used for human consumption (including a water quality test for coliform bacteria and nitrates) and
septic systems in use on the Property. The inspection will be performed by a qualified inspector in a manner that meets county (or
other local governmental authority, if applicable) protocol.
If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may,
within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a
refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails
to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as-is.
Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable
resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of
termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract,
Buyer will proceed to closing according to the terms and conditions of this Agreement.
Other: City Utilities
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 ____0 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
1271 Spring Street, Muskegon, MI 49442 11/03/2023
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023 JJ Buyer’s Initials LM Seller’s Initials
11/03/23 11/08/23
2:57 PM EDT 3:42 PM EST
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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:
Buyer side to close at Premier Lakeshore Title Muskegon
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
12/15/2023 . An additional period of fifteen (15) days will be allowed for closing to accommodate the correction of
title defects or survey problems which can be readily corrected, or for delays in obtaining any lender required inspections/repairs. During
this additional period, the closing will be held within 5 days after all parties have been notified that all necessary documents have been
prepared. Buyer and Seller will each pay their title company closing fee, if applicable, except in the case of VA financing where Seller
will pay the entire closing fee. Exceptions:
Buyer and seller agree to close as soon as all documents are ready for closing
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
1271 Spring Street, Muskegon, MI 49442 11/03/2023
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©Copyright, West Michigan REALTOR® Associations
JJ Buyer’s Initials LM Seller’s Initials
Revision Date 1/2023 11/03/23 11/08/23
2:57 PM EDT 3:42 PM EST
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will have the privilege to occupy the Property and hereby agrees to pay Buyer $ as an occupancy
fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds.
If Seller fails to deliver possession to Buyer on the agreed date, Seller shall become a tenant at sufferance and shall pay to Buyer as
liquidated damages $ per day plus all of the Buyer’s actual reasonable attorney's fees incurred in removing the Seller
from the Property.
If Seller occupies the Property after closing, Seller will pay all utilities during such occupancy. Buyer will maintain the structure and
mechanical systems at the Property. However, any repairs or replacements necessitated by Seller’s misuse, abuse, or neglect of any
portion of the Property will be Seller’s responsibility and expense.
On the agreed delivery date, Seller shall deliver the Property free of trash and debris and in broom-clean condition, shall remove all
personal property (unless otherwise stated in this or an additional written agreement), shall make arrangements for final payment on
all utilities, and shall deliver all keys to Buyer. Exceptions:
24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 5 (time) on
11/07/2023 (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted by
Seller, will constitute a binding Agreement between Buyer and Seller. An Earnest Money Deposit in the amount of $ 1000
shall be submitted to Premier Lakeshore 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:
Per City of Muskegon offer to include $4000 appliances allowance and central air to be installed.
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
1271 Spring Street, Muskegon, MI 49442 11/03/2023
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
JJ Buyer’s Initials LM Seller’s Initials
Revision Date 1/2023 11/03/23 11/08/23
2:57 PM EDT 3:42 PM EST
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West Michigan Regional Purchase Agreement Page 6 of 6
communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’
license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the
Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with
Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme
to steal funds or use your identity.
31. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer.
Jazmin Johnson
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Buyer 1 Address 1941 Westwood Dr. Grand Rapids, MI 49525 X 11/03/23 2:57 PM EDT
0Q6V-I0GH-YGWO-XXUY Buyer
Buyer 1 Phone: (Res.) 616-364-5128 (Bus.) Jazmin Johnson
Print name as you want it to appear on documents.
Buyer 2 Address Email [email protected] X Buyer
Buyer 2 Phone: (Res.) (Bus.)
Print name as you want it to appear on documents.
32. Seller’s Response: The above offer is approved: As written. As written except:
Counteroffer, if any, expires , at (time). Seller has the right to withdraw this
counteroffer and to accept other offers until Seller or Seller’s Agent has received notice of Buyer’s acceptance.
33. Certification of Previous Disclosure Statement: Seller certifies to Buyer that the Property is currently in the same condition as
disclosed in the Seller’s Disclosure Statement dated (choose one): Yes No.
Seller agrees to inform Buyer in writing of any changes in the content of the disclosure statement prior to closing.
34. Notice to Seller: Seller understands that consummation of the sale or transfer of the Property described in this Agreement will not
relieve Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless otherwise agreed to by
the lender or required by law or regulation. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form
is available from the respective agents via the West Michigan REALTOR® Boards.
35. Listing Office Address: 3265 Walker Ave, Suite D, Grand Rapids, MI 49544 Listing Broker License # 6506015435
Listing Agent Name: Mariana Murillo VanDam Listing Agent License #
36. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s
response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required
below.
X (Seller’s Signature, Date, Time): LeighAnn Mikesell
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Y2AD-P8AL-RYG2-CBDA
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):
1271 Spring Street, Muskegon, MI 49442 11/03/2023
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023 Buyer’s Initials LM Seller’s Initials
11/08/23
3:42 PM EST
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Disclosure Regarding Real Estate Agency Relationships
Before you disclose confidential information to a real estate licensee regarding a real estate transaction, you should understand what type of Agency relationship you have
with that licensee. A real estate transaction is a transaction involving the sale or lease of any legal or equitable interest in real estate consisting of not less than 1 or not more
than 4 residential dwelling units or consisting of a building site for a residential unit on either a lot as defined in section 102 of the land division act, 1967 PA 288, MCL
560.102, or a condominium unit as defined in section 4 of the condominium act, 1978 PA 59, MCL 559.104. Michigan law requires real estate licensees who are acting as
agents of sellers or buyers of real property to advise the potential sellers or buyers with whom they work of the nature of their agency relationship.
(1) An agent providing services under any service provision agreement owes, at a minimum, the following duties to the client:
a. The exercise of reasonable care and skill in representing the client and carrying out the responsibilities of the agency relationship.
b. The performance of the terms of the service provision agreement.
c. Loyalty to the interest of the client.
d. Compliance with the laws, rules, and regulations of this state and any applicable federal statutes or regulations.
e. Referral of the client to other licensed professionals for expert advice related to material matters that are not within the expertise of the licensed agent.
f. An accounting in a timely manner of all money and property received by the agent in which the client has or may have an interest.
g. Confidentiality of all information obtained within the course of the agency relationship, unless disclosed with the client’s permission or as provided by
law, including the duty not to disclose confidential information to any licensee who is not an agent of the client.
(2) A real estate broker or real estate salesperson acting pursuant to a service provision agreement shall provide the following services to his or her client:
a. When the real estate broker or real estate salesperson is representing a seller or lessor, the marketing of the client’s property in the manner agreed
upon in the service provision agreement.
b. Acceptance of delivery and presentation of offers and counteroffers to buy, sell, or lease the client’s property or the property the client seeks to purchase
or lease.
c. Assistance in developing, communicating, negotiating, and presenting offers, counteroffers, and related documents or notices until a purchase or lease
agreement is executed by all parties and all contingencies are satisfied or waived.
d. After execution of a purchase agreement by all parties, assistance as necessary to complete the transaction under the terms specified in the purchase
agreement.
e. For a broker or associate broker who is involved at the closing of a real estate or business opportunity transaction, furnishing, or causing to be
furnished, to the buyer and seller, a complete and detailed closing statement signed by the broker or associate broker showing each party all receipts
and disbursements affecting that party.
SELLER’S AGENTS
A seller’s agent, under a listing agreement with the seller, acts solely on behalf of the seller. A seller can authorize a seller’s agent to work with subagents, buyer’s agents
and/or transaction coordinators. A subagent of the seller is one who has agreed to work with the listing agent, and who, like the listing agent, acts solely on behalf of the seller.
Seller’s agents and their subagents will disclose to the seller known information about the buyer which may be used to the benefit of the seller.
Individual services may be waived by the seller through execution of a limited service agreement. Only those services set forth in paragraph (2) (b), (c), and (d) above may be
waived by the execution of a limited service agreement.
BUYER’S AGENTS
A buyer’s agent, under a buyer’s agency agreement with the buyer, acts solely on behalf of the buyer. A subagent of the buyer is one who has agreed to work with the buyer’s
agent and who, like the buyer’s agent, acts solely on behalf of the buyer. Buyer’s agents and their subagents will disclose to the buyer known information about the seller
which may be used to benefit the buyer.
Individual services may be waived by the buyer through execution of a limited service agreement. Only those services set forth in paragraph (2) (b), (c), and (d) above may be
waived by the execution of a limited service agreement.
DUAL AGENTS
A real estate licensee can be the agent of both the seller and the buyer in a transaction, but only with the knowledge and informed consent, in writing, of both the seller and
the buyer.
In such a dual agency situation, the licensee will not be able to disclose all known information to either the seller or the buyer. As a dual agent, the licensee will not be able to
provide the full range of fiduciary duties to the seller or the buyer.
The obligations of a dual agent are subject to any specific provisions set forth in any agreement between the dual agent, the seller, and the buyer.
TRANSACTION COORDINATORS
A transaction coordinator is a licensee who is not acting as an agent of either the seller or the buyer, yet is providing services to complete a real estate transaction. The
transaction coordinator is not an agent for either party and therefore owes no fiduciary duty to either party.
DESIGNATED AGENCY
A buyer or seller with a designated agency agreement is represented only by agents specifically named in the agreement. Any agents of the firm not named in the agreement
do not represent the buyer or seller. The named “designated” agent acts solely on behalf of his or her client and may only share confidential information about the client with
the agent’s supervisory broker who is also named in the agreement. Other agents in the firm have no duties to the buyer or seller and may act solely on behalf of another
party in the transaction.
REAL ESTATE LICENSEE DISCLOSURE – THIS IS NOT A CONTRACT FOR AGENCY SERVICES
I hereby disclose that the agency status I/we have with the buyer and/or seller below is (choose one):
Seller’s agent or subagent
Seller’s agent – limited service agreement
Buyer’s agent or subagent
Buyer’s agent – limited service agreement
Dual agent
Transaction Coordinator (A licensee who is not acting as an agent of either the seller or the buyer.)
None of the above
AFFILIATED LICENSEE DISCLOSURE (Check one)
Check here if acting as a designated agent. Only the licensee’s broker and a named supervisory broker have the same agency relationship as the licensee named below.
If the other party in a transaction is represented by an affiliated licensee, then the licensee’s broker and all named supervisory brokers shall be considered disclosed
consensual dual agents.
Check here if not acting as a designated agent. All affiliated licensees have the same agency relationships as the licensee named below.
Further, this form was provided to the buyer or seller before disclosure of confidential information.
Licensee Date Licensee Date
The undersigned does does not have an agency relationship with any other real estate licensee. If an agency relationship exists, the undersigned is represented as a
Buyer Seller.
ACKNOWLEDGMENT: By signing below, the parties confirm that they have received and read the information on this agency disclosure statement and that this form was
provided to them before the disclosure of any confidential information specific to the potential sellers or buyers. THIS IS NOT A CONTRACT.
Jazmin Johnson
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11/03/23 2:57 PM EDT
KITA-XI6Q-2XAM-BWTY
Potential Buyer Seller (check one) Date Potential Buyer Seller (check one) Date
© Grand Rapids Association of REALTORS® 2008 Rev. 6/08 Form #34
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23140881 11/08/2023
Re/Max West 231-830-2251
West Urban Realty 616-366-2459
11/03/2023
1271 Spring Street, Muskegon, MI 49442
Sale price to be $163,900 with central air to be included.
No appliances to be included in sale.
1
Jazmin Johnson
dotloop verified
11/08/23 11:41 AM EST
ZWC7-MYPG-YTN5-DCIW
11/08/2023
LeighAnn Mikesell
dotloop verified
11/08/23 3:43 PM EST
FK8K-LMN8-678B-FVNH
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 21, Title: Former Employee Health Refund
2023 Calculation
Submitted By: Jonathan Seyferth Department: City Manager
Brief Summary:
This is a clarification action from our Sept. 26, 2023 meeting where the Commission approved
repayment of overpayments by former team members for health insurance. The clarification is,
that the repayments go back to January 1, 2020 (this is consistent with what was done for current
employees).
(summary from original memo)
Traditionally (and per all five union contracts), employees paid 10% of their health benefits (after
2017, this included three components: Health Insurance, Co-insurance, and Deductibles). An error
in the calculation occurred at some point, 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 consider addressing this matter with former team
members who left employment between the error starting and being corrected.
Detailed Summary & Background:
Starting in 2017, the city began using three different factors to determine employee contributions to
their insurance premiums (a percentage of actual monthly premiums and a percentage of City Paid
Benefits (co-insurance & deductibles)). Before 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 (Jan. 1, 2020 through early 2023). The administration is now asking the Commission to
consider reimbursement of the overpayment to former employees who left the City between
January 1, 2020, and the end of 2022 and who also overpaid insurance premiums.
During that period, 58 former team members 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.
Goal/Focus Area/Action Item Addressed: N/A
Amount Requested: $52,696.83 Budgeted Item:
Yes No
Fund(s) or Account(s): Various – the Budget Amendment Needed:
appropriate departments and funds will cover
Yes No
this cost.
Recommended Motion: Motion to Approve Repayment of overpaid insurance premiums to former
team members for the period from January 1, 2020, through January 2023.
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: November 28th, Title: Property Exchange for LIHTC Projects
2023 with Grace Community, LLC
Submitted By: Jake Eckholm Department: Development Services
Brief Summary: In order to move forward on Berkshire Spring Street from General Capital and
Allen Crossing/Amity Commons from Spire Development, staff recommends the proposed property
exchange in the attached letter to remedy a reverter clause discovered during title work.
Detailed Summary & Background:
The City sold parcels at 159 Amity Avenue, 158 Allen Avenue, 923 Jay Street, 201 Jay Street, and
974 Spring Street to Grace Community, LLC with the intention of their developing a
commercial/retail complex onsite. The quit claim deed includes a reverter clause if complex was
not completed in 3 years, which passed in July of 2022. Since then, the city has identified the sites
as ideal for LIHTC development and has standing approved agreements with both Spire
Development as well as General Capital for a proposed set of 4 buildings that include nearly 150
affordable apartment units.
For these 3 LIHTC projects that have been previously approved by city commission to move
forward, the developers must demonstrate site control to MSHDA. These deed reversions result in
Grace Community, LLC being unable to convey small portions of the total development site to
Spire and General Capital thereby jeopardizing 3 of the 5 Low Income Housing Tax Credit
developments we have been working on. Upon finding this out from representatives of Grace
Community, staff worked with them on a mutually beneficial solution.
Essentially, pending appropriate title work and a third-party appraisal of all lots staff is proposing
an exchange of properties with Grace Community, LLC reflected in the attached map, where
Grace Community keeps the properties the city previously sold them for roughly $11,5000 in 2019
minus 201 Jay Street which we take back, and gives the City of Muskegon 970 Jay, 973 Jay, 200
East Apple, 212 East Apple, and 218 East Apple. This results in both parties ending up with
contiguous properties, and preserves the property necessary for all approved LIHTC proposals.
Goal/Focus Area/Action Item Addressed: Goal 1.4 Improved Public Spaces, Goal 2.1 Increased
Housing Variety Goal 4.3 Increased Revenue
Amount Requested: $0 Budgeted Item:
Yes No N/A
Fund(s) or Account(s): TBD Budget Amendment Needed: No
Yes No N/A
Recommended Motion: Motion to approve the exchange of 159 Amity Avenue, 158 Allen Avenue,
923 Jay Street, and 974 Spring Street for 970 Jay Street, 974 Jay Street, 200 East Apple, 212 East
Apple, and 218 East Apple as presented, pending a third party appraisal of all sites and completed
title work prior to closing, and to 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
November 21, 2023
Jake Eckholm
City of Muskegon
933 Terrace Street
Muskegon, MI 49440 via email: [email protected]
Jake,
Per our email exchanges last week, we were recently made aware that five parcels purchased by Grace
Community, LLC from the City of Muskegon in July of 2019 carried a clause in the quit claim deed that required
the properties to revert back to City ownership in the event Grace Community, LLC did not complete
construction of a commercial/retail development on the premises within three (3) years.
Within six months of Grace Community’s purchase of the parcels, a worldwide pandemic wreaked havoc on
much of the United States, including Muskegon. One of the many lasting outcomes of the pandemic was the
near collapse of the professional office rental market. Another outcome of the pandemic was a need to build
more housing at several price points. As you can imagine, Grace Community’s plan for an office and retail
building needed to change. Beginning in early 2022, our leadership shifted its focus away from office/retail and
decided to partner for the construction of affordable housing on the site.
Currently, we have three separate projects planned for the site that we intend to submit for MSHDA approval
on December 1, 2023. The City’s Planning Commission and City Commission have collectively completed
several approvals to move this effort forward.
We are seeking one additional approval. We are asking the City Commission to consider retroactively
eliminating the reversion language on four of the five parcels and allow the fifth to revert to city ownership as
follows:
1. 159 Amity Ave (Eliminate Language)
2. 158 Allen Ave (Eliminate Language)
3. 923 Jay St (Eliminate Language)
4. 201 Jay St (Revert to City Ownership)
5. 974 Spring (Eliminate Language)
In exchange for the approval, Grace Community will issue a quit claim deed for Grace Community-owned
properties as follows: 970 Jay Street, 974 Jay Street, 200 E. Apple Ave.,212 E. Apple Ave., and 218 E. Apple Ave.
It is important to note that this property is not owned by the WheelFish Group. Grace Community, LLC is a
community-based company owned by Brad Playford with the goal of raising funds to meet the various
community missions of both The WheelFish Group and our Private Foundation, Reset Ventures.
One of our more important community missions is the building of affordable and attainable housing in
Muskegon County. In the big picture, we would like to lead, assist, or support construction of 3,000 residential
units in Muskegon County. This project will help us move closer to that goal, and any profits derived from the
transaction will be reinvested in the community through our very active charitable giving plan that includes
more than $1.5M in charitable gifts scheduled for disbursement over the next 18 months.
Grace Community shouldered significant risk in collecting the 23 parcels needed to accommodate the 4
proposed Affordable Housing projects. Over the course of the last four years, Grace Community has incurred
more than $680,000 in costs buying properties, demolishing blighted buildings, quieting title issues, and
carrying the properties as we worked to find a solution in a difficult post-COVID building environment. In
addition to the dollars spent, we have paid several staff members to meet with potential sellers, negotiate
purchases, and manage the collection. It’s been a monumental effort and expensive effort. But that effort
would end today if the five parcels are reverted to City ownership.
With all of this in mind, Grace Community would like to propose the following to cure the reversion and ensure
that the City is compensated for their efforts as well. As shown on the attached Exhibit, Grace Community
would re-establish ownership of 159 Amity, 158 Allen, 923 Jay, 201 Jay, and 974 Spring. Grace Commounty
would allow 923 Jay to return to City ownership and additionally would deed 970 Jay, 974 Jay, 200 E Apple, 212
E Apple, and 218 E Apple to the City.
Grace Community would own the following parcels unencumbered totaling .87 acres with a collective $6,000
SEV:
Adress Acres 2023 SEV
159 Amity .41 $2,100
158 Allen .21 $1,600
923 Jay .07 $700
974 Spring .18 $1,600
TOTAL .87 $6,000
The City of Muskegon would own the following parcels unencumbered totaling .68 acres with a collective
$16,800 SEV:
Adress Acres 2023 SEV
201 Jay .11 $1,600
970 Jay .13 $1,400
974 Jay .18 $1,600
200 E Apple .17 $8,300
212 E Apple .06 $1,400
218 E Apple .03 $2,500
TOTAL .68 $16,800
We ask that this request be taken to the City Commission for consideration prior to November 30, 2023.
Sincerely,
Brad Playford
Grace Community, LLC
Exhibit A
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 28, Title: Precinct Consolidation/Changes
2023
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: The law was recently changed allowing precincts sizes to change from 2,999
voters to 4,999 voters. This in conjunction with nine days of early voting, the usage of our voting
trailer, and the expansion of absentee voting gives the City the opportunity to reduce the number of
precincts needed in the City.
Detailed Summary & Background: Staff proposes to do the following:
Ward 1: Combine Precinct 1 (MCC) and Precinct 2 (Bethesda Church) and move to Central
Assembly of God that has a large gym building separate from the church and an expansive parking
lot. We also recommend combining Precincts 3 (Central Assembly of God) and 4 (Central
Assembly of God) that are already located in this building. There are two sides to the building that
can comfortably accommodate both precincts.
Ward 2: Move voters that reside in Precinct 6 (City Hall) from Wood Street, Apple, Forest, Getty,
Evanston, McLaughlin, and Chestnut (approximately 361 voters) to Precinct 5 (Smith Ryerson).
Combine Precincts 6 (City Hall) and Precinct 7 (City Hall).
Ward 3: Eventually we would like to combine Precincts 8 (DPW) and 9 (Muskegon High School)
after completion of construction and move Precinct 10 (Muskegon Farmers Market) to Boys and
Girls Club upon completion of renovations.
Ward 4: Combine Precincts 11 (Celebration Community Church) and Precinct 12 (McGraft Park)
and move to Celebration Community Church that has a large open space and plenty of parking.
We also recommend combining Precincts 13 (Lakeside Baptist Church) and 14 (Great Lakes
Museum) and move to Great Lakes Museum.
Goal/Focus Area/Action Item Addressed: Action Item 2022-3.2 Increase education and outreach to
voters.
Amount Requested: Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion: Recommend to the Election Commission to combine Precinct 1 (MCC) and
Precinct 2 (Bethesda Church) and move to Central Assembly of God, combine Precincts 3 (Central
Assembly of God) and 4 (Central Assembly of God), move voters that reside in the following
boundaries of Precinct 6 (City Hall) from Wood Street, Apple, Forest, Getty, Evanston, McLaughlin,
and Chestnut (approximately 361 voters) to Precinct 5 (Smith Ryerson), combine Precincts 6 (City
Hall) and Precinct 7 (City Hall), combine Precincts 11 (Celebration Community Church) and
Precinct 12 (McGraft Park) and move to Celebration Community Church, combine Precincts 13
(Lakeside Baptist Church) and 14 (Great Lakes Museum) and move to Great Lakes Museum.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review