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CITY OF MUSKEGON
CITY COMMISSION MEETING
March 12, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
☐ CALL TO ORDER:
☐ PRAYER:
☐ PLEDGE OF ALLEGIANCE:
☐ ROLL CALL:
☐ HONORS, AWARDS, AND PRESENTATIONS:
A. Police Department Accreditation Recertification Public Safety
☐ PUBLIC COMMENT ON AGENDA ITEMS:
☐ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Contingent Assignment Agreement - Choice One Bank/Adelaide Pointe
Manager's Office
C. Apple Avenue Utility Design Services Public Works
D. Sale of 307 McLaughlin Planning
E. Amended Lakeside Resolution Economic Development
F. Contract for Tree Removal Services Planning
G. Neighborhood Enterprise Zone - 242 Viridian Shores Dr. Economic
Development
H. Purchase of 346 Mclaughlin Community & Neighborhood Services
I. 811 Integration into DPW Work Order Software Public Works
J. Parks Portable Pit Toilet Contract DPW- Parks
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K. Muskegon Greenway Study Partnership DPW- Parks
L. Amendment to the Zoning Ordinance - Door Transparency Planning
M. Pere Marquette Concession Application - Lazy Dazy Coffee DPW- Parks
N. Fireworks Display Permit for Boys and Girls Club City Clerk
O. Amendment to the Zoning Ordinance - Chicken Coops Planning
P. Request to amend the Planned Unit Development at 1148 & 1204 W
Western Ave (Adelaide Point). Planning
Q. Taste of Muskegon & Lakeshore Art Festival Liquor License Application
DPW- Parks
R. Request for a DDA Liquor License at 500 Adelaide Circle Planning
S. Sale of 716 Leonard Avenue Planning
T. Sale of 438, 502, and 510 E Isabella Planning
U. Sale of 1311 Marquette Planning
V. Sale of 1328 James Planning
☐ PUBLIC HEARINGS:
A. Recommendation of Annual Renewal of Liquor Licenses City Clerk
☐ UNFINISHED BUSINESS:
☐ NEW BUSINESS:
A. Short Term Rental Enforcement & Handbook Updates Public Safety
B. New Short Term Rental Registration Temporary Pause Manager's Office
☐ ANY OTHER BUSINESS:
☐ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
☐ CLOSED SESSION:
A. Attorney/Client privileged communication Manager's Office
☐ ADJOURNMENT:
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AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF
MUSKEGON AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
To give comment on a live-streamed meeting the city will provide a call-in telephone
number to the public to be able to call and give comment. For a public meeting that is
not live-streamed, and which a citizen would like to watch and give comment, they
must contact the City Clerk’s Office with at least a two-business day notice. The
participant will then receive a zoom link which will allow them to watch live and give
comment. Contact information is below. For more details, please visit:
www.shorelinecity.com
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such
as signers for the hearing impaired and audio tapes of printed materials being
considered at the meeting, to individuals with disabilities who want to attend the
meeting with twenty-four (24) hours’ notice to the City of Muskegon. Individuals with
disabilities requiring auxiliary aids or services should contact the City of Muskegon by
writing or by calling the following:
Ann Marie Meisch, MMC. City Clerk. 933 Terrace St. Muskegon, MI 49440. (231)724-6705.
[email protected]
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 12, 2024 Title: Police Department Accreditation
Recertification
Submitted by: Timothy Kozal, Public Safety Department: Public Safety
Director
Brief Summary:
The Police Department has completed and been awarded recertification of the Michigan Law
Enforcement Accreditation Program. We will be honoring them with their accreditation certificate.
Detailed Summary & Background:
The Muskegon Police Department was most recently accredited in 2021, which lasts for 3 years.
Accreditation is a progressive and time-proven way of helping law enforcement agencies calculate
and improve their overall performances. The foundation of Accreditation lies in the voluntary
adoption of standards containing a clear statement of professional objectives. Participating
agencies conduct a thorough self-analysis to determine which of their existing operations already
meet some of the standards and/or how the procedures can be adapted to meet the standards
and professional objectives. When the procedures are in place, a team of trained Commission
assessors verifies that applicable standards have been successfully implemented and the agency is
in compliance. Accreditation status represents a significant professional achievement. Accreditation
acknowledges the implementation of written directives, policies, and procedures that are
conceptually sound and operationally effective.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
N/A
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
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Information
Technology
Other Division Heads
Communication
Legal Review
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MICHIGAN LAW ENFORCEMENT ACCREDITATION PROGRAM
Accreditation is a progressive and time-proven way of helping law enforcement
agencies calculate and improve their overall performances. The foundation of
Accreditation lies in the voluntary adoption of standards containing a clear statement of
professional objectives. Participating agencies conduct a thorough self-analysis to
determine which of their existing operations already meet some of the standards and/or
how the procedures can be adapted to meet the standards and professional objectives.
When the procedures are in place, a team of trained Commission assessors verifies
that applicable standards have been successfully implemented and the agency is in
compliance.
Accreditation status represents a significant professional achievement. Accreditation
acknowledges the implementation of written directives, policies, and procedures that are
conceptually sound and operationally effective.
The Michigan Association of Chiefs of Police (MACP) and the Michigan Sheriffs’
Association (MSA) have pursued the concept and development of a voluntary statewide
law enforcement accreditation program for Michigan. This effort has resulted in the
formation of the Michigan Law Enforcement Accreditation Commission (MLEAC). The
MLEAC consists of commissioners from law enforcement and other professions
appointed by the MACP, the MSA and the Commission itself. Personnel from the MACP
provide support services to the MLEAC and to applicant agencies.
The attitudes, training and actions of personnel of Michigan’s law enforcement agencies
best reflect compliance with the 108 standards contained in this program. Written
Directives, policies and procedures based on Accreditation will not insure mistake-free
policing or a crime-free environment for citizens. Nor will it insure an absence of
litigation against law enforcement agencies and executives, but it will put the agency in
a better position to defend their actions against law suits.
Effective and comprehensive leadership through professionally based written directive
and policy development is directly influenced by a law enforcement program that is
comprehensive, obtainable, and based on standards that reflect the delivery of
professional police service.
The MACP and the MSA believe the Michigan Law Enforcement Accreditation Program
will enhance the professionalism of police organizations in the state.
For more information, feel free to contact Deputy Director Ron Wiles, Accreditation
Program Director.
Ron Wiles
Deputy Director / Accreditation Program Director
3474 Alaiedon Parkway, Suite 600
Okemos, MI 48864
Office: 517.349.9420
Cell: 810.577.2149
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 12, 2024 Title: Approval of Minutes
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
To approve the minutes of the February 12, 2024 Worksession and February 13, 2024 Regular Meeting.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion:
Approve the minutes.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
February 12, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
2024-15 CALL TO ORDER
The Worksession Meeting of the City of Muskegon was called to order at City
hall, 933 Terrace Street, Muskegon, Michigan, at 5:30 PM, Monday, February 12,
2024.
Present: Mayor Ken Johnson, Vice Mayor Rebecca St. Clair, Commissioners
Katrina Kochin, Willie German, Jr., Destinee Keener (left at 7:10 p.m.), and Jay
Kilgo
Absent: Commissioner Rachel Gorman
NEW BUSINESS
A. Allocation of remaining ARPA Community Grant Funds Manager's Office
Staff is requesting approval to redirect $150,000 to additional applicants of the City's ARPA
Community Grant Program who were not previously selected for funding in late 2023.
Background
2/14/23: City Commission authorized $1.6M from the City’s allocation of American Rescue Plan Act
(ARPA) funds to establish the City's ARPA Community Grant Program. Eligible applicants included
non-profit orgs, small businesses and each neighborhood association.
3/1/23 - 3/31/23: Grant application period open; 60 applications received.
April 2023 - May 2023: Review of applications and established ARPA Community Grant Review
Committee. Six members included: Lawrence Baker (Ward 1), Leon Howard (Ward 2), Jennifer
Sanocki (Ward 3), Nina Leask (Ward 4), Jonathan Seyferth (City Manager), and Sharonda Carson
(Director, Community and Neighborhood Services). Two additional advisors – Community
Foundation and United Way
June 2023: The Review Committee held four public meetings at City Hall on 6/5/23, 6/7/23, 6/22/23
and 6/29/23. A multistep scoring process was used to review and evaluate all applications. The
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responses to 9 questions on the application served as the evaluation criteria on which to base the
scores. Projects were ranked by the cumulative average of each committee members scores.
The Review Committee recommended (22) project proposals for the Commission’s consideration.
On August 2, 2023, the Commission approved (21) proposals for funding. At that meeting, a
recommended proposal from Pioneer Resources in the amount of $150,000 was removed due to
conflict of interest documentation involving Commissioner Gorman which had not yet been resolved.
Upon resolution of the matter, the Pioneer Resources project was brought back to the Commission
for unanimous consideration. The proposal did not ultimately receive enough support and was
subsequently denied. Thus, $150,000 was then made available to be redirected to other applicants.
As of 12/31/23, the remaining balance of uncommitted funds from the city's ARPA (American
Rescue Plan Act) allocation ($22,881,894) is approximately $435,133.40. (Staff has an equipment
recommendation for this $435,133.40 from Public Safety.)
Peter Wills, Director of Government Relations and Strategic Operations,
provided an overview of the ARPA Community Grant Program and how the
funds were awarded as well as a status update on the awarded grants. Staff is
recommending additional ARPA Community Grant fund allocation based on
the applications that were received and reviewed under the original
application and deadline.
Discussion took place between Commissioners and Director Willis. This item will
appear on the agenda for February 13, 2024 for consideration to award
additional (unallocated) ARPA Community Grant Funds to four organizations.
B. Staff Recommendations for Short Term Rentals Public Safety
In 2023, the city started to engage with residents and Short-Term Rental owners
through in-person workshops and online surveys to collect feedback and learn
more about issues regarding Short-Term Rentals in our community. At the
11/13/23 worksession, it was discussed for staff to provide recommendations on
how to better regulate Short-Term Rentals to ensure quality of life for all residents
in the city. Public Safety will be providing a presentation on recommendations
to better regulate Short-Term Rentals and Planning will also provide a
presentation on potential zoning changes for Short-Term Rentals.
Chief Kozal started by providing an overview of the current Short Term Rental
program including the number of current Short Term Rentals, the number of
police calls, information from a portal where neighbors can report incidents,
etc. Information regarding registration and unregistered Short Term Rentals and
the enforcement process was also presented. Recommendations are also
being provided as to how to strengthen enforcement, among other things.
Mike Franzak, Planning Director, provided information for consideration of
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several options, including an overlay district or limit on the number of Short Term
Rentals and/or potentially splitting the city into different zones with different
caps, no caps, whatever would work best for the area. We could also limit the
number of STR's side by side or on a block so that there isn't too high of a
concentration in any one area. Commissioners provided feedback on the some
ideas and suggestions that were presented.
C. Apple Avenue Corridor Improvements Public Works
Staff presented the outcomes of the Apple Avenue traffic study, some
engagement feedback received from a core group of stakeholders over the
past several months, and funding discussions with MDOT all with the goal of
defining what Apple Avenue could look like in 2027 after MDOT's rebuild.
MDOT has programmed approximately $24 million dollars to rebuild Apple
Avenue from downtown Muskegon to US-31 in 2026. They have been open and
willing to engage with the City on what the next version of Apple Avenue might
look like, and the time has come to combine all the various sources of input and
determine the framework under which MDOT will begin to design the project.
Some of the items that staff will present for review:
The results of a traffic study by ProgressiveAE
The process by which staff, ProgressiveAE and MDOT met with stakeholders and
received input about how Apple is used and what improvements could be
made
Concept designs prepared by ProgressiveAE based on that engagement
process
The results of meetings with MDOT to determine what the state can pay for and
what may require City cost sharing
The results of utility studies and video taping, showing which utilities will need to
be replaced as a part of the project (at the City's cost)
Taking into account all of these items, staff will propose a framework for Apple
Avenue including what each item may cost the City and how it will further the
community's vision for Apple Avenue. Some of the items identified will need to
be planned and budgeted for in 2026, while others may be things the City and
MDOT partner on to create the space and opportunity for future improvements
past 2026.
Dan VanderHeide, Public Works Director presented information relating to the
option of the city assisting MDOT in the design process for the reconstruction of
Apple Avenue scheduled for 2026.
Deborah Sweet, Community Engagement Manager, reviewed the efforts the
city has made to engage the community on the topic. Engagement included
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business owners, residents, bus users, walkers, subject experts, and city staff. Dan
VanderHeide also provided an overview of the take aways from the traffic
study that was conducted and reviewed the city's potential participation in the
road project.
Discussion took place.
D. Water Affordability Grant Application Public Works
Staff presented a 100%-funded opportunity to study water affordability in the
City of Muskegon.
The State of Michigan has made available $5.7 million dollars in grant funds to
help communities study water affordability through the Affordability and
Planning Grant, part of the MI Clean Water Plan, due February 19, 2024. Staff
has long had interest in learning more about affordability in Muskegon,
including efforts by Deputy City Manager Mikesell in 2020 and 2021. To further
those efforts, Prein & Newhof has offered to help the City prepare a grant
application for this program.
The grant will be used to gather data on affordability in Muskegon, learn about
how affordability affects our residents, investigate other community efforts
around affordability and how those efforts have been received and
implemented, and determine how a community action agency (such as Mid-
Michigan Community Action Agency, the City's current partner for utility
assistance) can help the City manage a water affordability program.
The grant is a planning grant, and does not commit the City to implementing an
affordability program or any associated rate changes. Once the report is
received, the City could choose to implement any or all of the report's
recommendations.
Some of the deliverables from the grant will include mapping and other data
on affordability within the City, the time and efforts associated with current
assistance and billpay practices that could be offset by an affordability
program, the finances a program would require and ways the City could gather
the resources, the ordinance changes required and other legal ramifications,
etc. The grant allows and the process is expected to take one year to
complete. Public engagement will be a part of the effort and is planned to be
covered by the grant.
Public Works Director, Dan VanderHeide presented information regarding the
water affordability grant. Discussion took place.
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PUBLIC COMMENT
Public Comments were received.
ADJOURNMENT
Motion by Commissioner German, second by Commissioner Kilgo, to adjourn at
9:11 p.m.
MOTION PASSES
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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CITY OF MUSKEGON
CITY COMMISSION MEETING
February 13, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
CALL TO ORDER
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 PM, Tuesday, February 13, 2024.
Reverend Mackenzie Jager, First Presbyterian Church of Muskegon, opened the
meeting with prayer, after which the Commission and public recited the Pledge
of Allegiance to the Flag.
ROLL CALL
Present: Mayor Ken Johnson, Vice Mayor Rebecca St. Clair, Commissioners
Katrina Kochin, Willie German, Jr., Destinee Keener, Jay Kilgo, and Rachel
Gorman (left at 6:00 p.m.). City Manager Jonathan Seyferth, City Attorney John
Schrier, City Clerk Ann Marie Meisch, and Deputy City Clerk Kimberly Young.
2024-16 HONORS, AWARDS, AND PRESENTATIONS
A. Big Red State Champion Football Honors Manager's Office
Mayor Johnson read and presented the resolution that was adopted on
December 12, 2023 recognizing the Muskegon High School Football Team for
winning the 2023 Division II State Championship.
B. Resolution Honoring and Celebrating Black History Month City Clerk
Commissioner German offered and presented a resolution honoring and
celebrating Black History Month.
Motion by Commissioner German, second by Commissioner Keener, to adopt
the Resolution Honoring and Celebrating Black History Month.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, Keener, and
German
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Nays: None
MOTION PASSES
2024-17 MOVED TO BEFORE CONSENT
B. Sale of 720 Leonard Avenue Manager's Office
Sale of 720 Leonard is removed from the Consent agenda. Commissioner Kilgo
removed himself from the dais as he has a stated conflict of interest. 720
Leonard Avenue was constructed through the agreement with Rudy Briggs to
construct infill housing with ARPA funding. The offer is for full asking price.
Commissioner Kilgo has disclosed a conflict of interest as he represents the
buyer. A letter disclosing the conflict was provided to the Mayor Johnson on
January 17, 2024 and has been published on the city's website and Facebook
page.
STAFF RECOMMENDATION: To approve the purchase agreement for 720
Leonard Avenue.
Motion by Vice Mayor St.Clair, second by Commissioner Gorman, to approve
the purchase agreement for 720 Leonard Avenue.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, and Keener
Nays: None
MOTION PASSES
PUBLIC COMMENT ON AGENDA ITEMS
Public comments received.
2024-18 CONSENT AGENDA
Motion by Vice Mayor St.Clair, second by Commissioner Gorman, to approve
the consent agenda minus items D, E, F, H, L, M, and O.
ROLL VOTE: Ayes: Kilgo, Keener, German, Kochin, St.Clair, and Johnson
Nays: None
MOTION PASSES
A. Approval of Minutes City Clerk
To approve the minutes of the January 18, 2024 Special Meeting and the
January 23, 2024 Regular Commission Meeting.
STAFF RECOMMENDATION: Approve the minutes.
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C. Lumberjacks Build Out Arena
Seeking approval to construct updated proof of concept for construction of the
Lumberjacks space at Trinity Health Arena. Muskegon Lumberjacks Organization
LLC, parent company of the USHL’s Muskegon Lumberjacks, have been
approved to construct a second story office suite above their existing players
lounge and coaches offices. The proposed space would be built into the
necessary locker room and supporting medical space to provide the
Lumberjacks the best amenities and continued success in player recruitment
while also providing a much needed presence and access to and from the
arena concourse. All construction would be fully funded by the Muskegon
Lumberjacks Organization LLC. Due to the nature of the cost to build, the
Muskegon Lumberjacks Organization LLC is requesting 2 additional 5yr renewal
options added to their shared use agreement. Attached is the proposed sixth
amendment as well as a general concept of construction. Since the approval
on May 23, 2023...the proof of concept has changed. The Lumberjacks are
seeking a re-approval on the new concept as they would like to begin
construction as soon as April.
STAFF RECOMMENDATION: Approve new proof of concept for construction of
the Lumberjacks space at Trinity Health Arena.
G. Senior Municipal Funding FY24 Community & Neighborhood Services
To approve allocations of the Municipal Senior Millage funding to city programs
geared toward citizens who are 60 years of age, or older. An allocation of
$107,277.00 from the county of Muskegon FY24 Municipal Senior Millage funding
is budgeted for the following programs;
Home Repairs (CNS): $87,277.00
Senior Power of Produce: $ 20,000.00
STAFF RECOMMENDATION: To approve the budget proposed for City of
Muskegon programs utilizing FY24 Municipal Senior Millage Funds from the
County of Muskegon.
I. McCrea Baseball Field Fencing DPW- Parks
Staff requests permission to enter into a contract with Fence Consultants of West
Michigan for $51,100 for restoration of the McCrea Baseball Field. The city
issued an RFP on December 27 2023 seeking proposals from qualified
contractors for restoration of the ballfield, specifically fencing, at McCrea Park.
A large factor in the City deciding to restore this field is to support 2 local youth
programs, Muskegon Little League and Muskegon High School baseball. This will
serve not only as a recreation amenity in our park system, but also as a practice
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field for Muskegon High School as well as the home field for the older age group
(teens) who play in Muskegon Little League.
Fence Consultants - $51,200
Nationwide Construction Group - $73,300
Freedom Construction - $122,000
AMOUNT REQUESTED: $51,200
FUND OR ACCOUNT: 482 - State Grants (ARPA Funds)
STAFF RECOMMENDATION: Authorize staff to enter into a contract with Fence
Consultants of West Michigan for $51,500 for the installation of fencing for the
McCrea Park baseball field.
J. Civic Rec Agreement DPW- Parks
Staff is requesting to enter into a multi-year agreement with Civic Rec for
recreation software services. The cost for these services is $9,088 for the first year
(including startup services), with an annual recurring service fee of $5,250 with a
5% annual uplift. This also includes an agreement with their preferred payment
gateway, CSG Forte, which charges 3.20% per transaction.
AMOUNT REQUESTED: $9,088 for FY24; Annual Recurring Service Fee of $5,250
with a 5% uplift starting in year 2.
FUND OR ACCOUNT: 101-751-801
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with Civic
Rec and CSG Forte for parks and recreation management software.
K. Chicken Ordinance Planning
Request to amend the Animals section of the City Code of Ordinances to allow
residents to keep up to six chickens at their residence, under certain conditions.
The ordinance would allow residents to keep up to six female chickens (no
roosters) on a residential parcel that has at least 3,000 sf. The property must be
located in a zoning district that allows for single family houses, duplexes, triplexes
or quadplexes (Single Family Residential, RT, FBC-UR or FBC-LR). The chickens
must be kept in a coop, which shall be in a fenced or covered enclosure, and
must contain a feeding container. Chicken coops must be approved by the
Zoning Administrator through the development permit process.
STAFF RECOMMENDATION: Approve the amendments to the Animal ordinance
to allow for regulations on keeping chickens.
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N. DDA Liquor License - Muskegon Brewing Company, 500 Adelaide Circle,
Floors 2&3 Planning
Muskegon Brewing Company is requesting a Downtown Development Authority
On-Premise Liquor License for the building at 500 Adelaide Circle (floors 2 &3).
The Liquor Control Commission allows for additional liquor licenses within
Downtown Development Authority Districts under certain conditions. This request
was previously approved with an incorrect address, which was previously listed
as 1204 W Western Ave.
STAFF RECOMMENDATION: To approve the Downtown Development Authority
On-Premise Liquor License for the building at 500 Adelaide Circle, Floors 2 & 3.
P. DWRF Bonding Capacity Notice Public Works
This Resolution authorizes the publication of a Notice of Intent relating to the
City’s Bonds to be issued through the DWSRF. The enclosed Resolution and
Notice indicate the City’s intent to issue Water Supply System Revenue Bonds in
an amount not to exceed $30,000,000 to pay the cost to acquire, construct,
furnish and equip improvements to the Water Supply System of the City (the
“System”), including distribution system improvements, replacement of water
mains and lead service lines and treatment plant improvements, together with
all related appurtenances and attachments (the“Project”).
STAFF RECOMMENDATION: Staff recommends that the Commission approve the
Resolution and Notice to indicate the City’s intent to issue Water Supply System
Revenue Bonds in an amount not to exceed $30,000,000 to pay the cost to
acquire, construct, furnish and equip improvements to the Water Supply System
of the City (the “System”).
2024-19 REMOVED FROM CONSENT
D. Employee Assistance Program & UFirst Employee Relations
Staff is requesting approval of Ulliance as the vendor that will be providing our
Employee Assistance Program services and UFirst services for public safety
personnel.
In August we received a non-renewal letter from our previous EAP provider
Trinity Health Work Life Services, that they are closing. I solicited three
recommended providers Encompass, Pine Rest, and Ulliance. I recommend
Ulliance after speaking with some organizations that use them, and the
familiarity of our new human resources analyst. Response time for services is
always a concern, and those I spoke with seemed satisfied.
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AMOUNT REQUESTED: $17,000 we are currently budgeted for $10,000, I would
like to amend the budget to accommodate $17,000
FUND OR ACCOUNT: 101-269-809
STAFF RECOMMENDATION: Approve the agreement with Ulliance for EAP and
UFirst services pending final legal review and authorize the Mayor and Clerk to
sign.
Motion by Vice Mayor St.Clair, second by Commissioner German, to approve
the agreement with Ulliance for EAP and UFirst services pending final legal
review and authorize the Mayor and Clerk to sign.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener, and German
Nays: None
MOTION PASSES
E. Poverty Exemption Updates Treasury
We last updated our Poverty Exemption Policy in 2022. Our assessor reviews the
policy annually and has suggested updates this year in order to comply with
State standards. It is recommended that we remove the section regarding the
reduction and phase out. Although we added that section in 2022 and
modeled it after another (larger) city, recent decisions indicate this section
would not pass the State audit. The State audits our policy every five years.
It has also been recommended that we add a line indicating it is necessary to
file State forms 5737, Application for MCL 211.7u Poverty Exemption, and 5739,
Affirmation of Ownership and Occupancy to Remain Exempt by Reason of
Poverty, each year. The State has created these standardized forms to replace
the old forms, which were created by each municipality. A document
indicating the recommended changes is in the packet.
STAFF RECOMMENDATION: Approve the recommended changes to the
attached Poverty Exemption Policy.
Motion by Commissioner Kilgo, second by Commissioner Keener, to approve
the recommended changes to the attached Poverty Exemption Policy.
ROLL VOTE: Ayes: Johnson, Kilgo, Keener, German, Kochin, and St.Clair
Nays: None
MOTION PASSES
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F. Frosty Boyz 420 Party-Cannabis Event DPW- Parks and Recreation
Options Health Group LLC has applied to have a cannabis event at 2119
Lemuel St on 4/20/2024. All cannabis events must be approved by commission
before the City Clerk can confirm with the CRA the local municipality is aware
of the event and approves the event.
The Options Health Group LLC has plans for a new cannabis event on 4/20/2024
at 2119 Lemuel St (5 acres of land next to Grassy Knoll Dispensary). The event
would feature artists, performers, 9 cannabis vendors, a consumption lounge, 20
art and craft vendors, and 3 food trucks. A meeting was held with the event
organizers, Public Works staff, Police Department, and Fire Department to
review all requirements and address any concerns. There have been small
events held on this property previously with no complaints from Public Safety.
Since cannabis is being sold at this event, Commission approval is required.
Included is the full application and site map.
STAFF RECOMMENDATION: Approve the cannabis event for Options Health
Group LLC at 2119 Lemuel St on 4/20/2024.
Motion by Commissioner Kilgo, second by Commissioner Keener, to approve
the cannabis event for Options Health Group LLC at 2119 Lemuel St on
4/20/2024.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, German, and Kochin
Nays: None
MOTION PASSES
H. Kruse Park Stairs DPW- Parks
Staff is requesting permission to enter into a contract with North Shore Property
Solutions for $38,500 for construction of stairs at Kruse Park.
The previous stairs and ramp at Kruse Park were damaged during the Lake
Michigan high water of 2020, with the cost of replacement being estimated at
$1,025,000. The Disability Network of West Michigan has been consulted
regarding accessibility at Kruse Park, and agrees that a staircase is more
accessible than no structure at all. Staff also have heard concerns about
degradation of the dunes due to the current method of access. It is important
to note that these stairs are not the final solution to access the beach at Kruse
Park, but they are an improvement over the current lack of formal access. Staff
continues to work with disability advocates and funding agencies to improve
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access to the beach at Kruse Park.
On December 20, 2023 the Parks & Recreation Advisory Committee
unanimously voted to seek proposals for a staircase to replace the beach
access at Kruse Park. The city issued an RFP on December 27 2023 seeking
proposals from qualified contractors for construction of these stairs at Kruse Park.
Out of the 3 proposals received, North Shore Property Solutions had the lowest
cost as well as familiarity with building staircases on dunes. Specifically, dunes
that lead to beaches that have been effected by high waters. The bid tab is
shown below.
North Shore Property Solutions - $38,500
Quest Design Build - $53,519
Freedom Construction - $54,677
AMOUNT REQUESTED: $38,500
FUND OR ACCOUNT: 482 - State Grants (ARPA Funds)
STAFF RECOMMENDATION: Authorize staff to enter into a contract with
Northshore Property Solutions for $38,500 for the construction of Kruse Park stairs.
Motion by Vice Mayor St.Clair, second by Commissioner Keener, to authorize
staff to enter into a contract with Northshore Property Solutions for $38,500 for the
construction of Kruse Park stairs.
ROLL VOTE: Ayes: German, Kochin, St.Clair, Johnson, Kilgo, and Keener
Nays: None
MOTION PASSES
L. Social District permit for Rake Beer Project Community Engagement
The City Commission must recommend approval of the Michigan Liquor Control
Commission permits of participating licensed establishments in the Downtown
Muskegon Social District. With the establishment of the Downtown Muskegon
Social District, participating licensed establishments must receive a Social District
permit from the Michigan Liquor Control Commission. The MLCC must first
receive a recommendation for approval from the City Commission before
granting the permits. Rake Beer Project LLC has been a social district
participating licensed establishment at its former location at 794 Pine Street.
With the move to 500 W. Western Avenue, Suite 200, Rake must receive a new
social district permit with its new MLCC license for that location. This item
corrects the business' address from city commission action on May 9, 2023.
Page 8 of 13
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STAFF RECOMMENDATION: Approve the resolution recommending Michigan
Liquor Control Commission approval of Social District permit in the Downtown
Muskegon Social District for Rake Beer Project LLC and to direct the City Clerk to
certify the City Commission action with the MLCC.
Motion by Commissioner Kilgo, second by Vice Mayor St.Clair, to approve the
resolution recommending Michigan Liquor Control Commission approval of
Social District permit in the Downtown Muskegon Social District for Rake Beer
Project LLC and to direct the City Clerk to certify the City Commission action
with the MLCC.
ROLL VOTE: Ayes: Keener, German, Kochin, St.Clair, Johnson, and Kilgo
Nays: None
MOTION PASSES
M. Allocation of remaining ARPA Community Grant Funds Manager's Office
Staff is requesting approval to redirect $150,000 to additional applicants of the
City's ARPA Community Grant Program who were not previously selected for
funding in late 2023.
Background
2/14/23: City Commission authorized $1.6M from the City’s allocation of
American Rescue Plan Act (ARPA) funds to establish the City's ARPA Community
Grant Program. Eligible applicants included non-profit orgs, small businesses and
each neighborhood association.
3/1/23 - 3/31/23: Grant application period open; 60 applications received.
April 2023 - May 2023: Review of applications and established ARPA Community
Grant Review Committee. Six members included: Lawrence Baker (Ward 1),
Leon Howard (Ward 2), Jennifer Sanocki (Ward 3), Nina Leask (Ward 4),
Jonathan Seyferth (City Manager), and Sharonda Carson (Director, Community
and Neighborhood Services). Two additional advisors – Community Foundation
and United Way
June 2023: The Review Committee held four public meetings at City Hall on
6/5/23, 6/7/23, 6/22/23 and 6/29/23. A multistep scoring process was used to
review and evaluate all applications. The responses to 9 questions on the
application served as the evaluation criteria on which to base the scores.
Projects were ranked by the cumulative average of each committee members
scores.
The Review Committee recommended (22) project proposals for the
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Commission’s consideration. On August 2, 2023, the Commission approved (21)
proposals for funding. At that meeting, a recommended proposal from Pioneer
Resources in the amount of $150,000 was removed due to conflict of interest
documentation involving Commissioner Gorman which had not yet been
resolved. Upon resolution of the matter, the Pioneer Resources project was
brought back to the Commission for unanimous consideration. The proposal did
not ultimately receive enough support and was subsequently denied. Thus,
$150,000 was then made available to be redirected to other applicants.
As of 12/31/23, the remaining balance of uncommitted funds from the city's
ARPA (American Rescue Plan Act) allocation ($22,881,894) is approximately
$435,133.40. (Public Safety has an action item later in the meeting allocating this
balance to cover a portion of the cost for a fire truck.)
AMOUNT REQUESTED: $150,000
FUND OR ACCOUNT: 101-901-982-092112
STAFF RECOMMENDATION: Authorize the distribution of $150,000, from the City's
ARPA Community Grant Fund, to the following entities - $25,000 to Mediation &
Restorative Services; $10,000 to HBCU Club of Muskegon LLC; $50,000 to Forrest
Tax & Accounting Services; and $65,000 to Muskegon Retirement Apts, Inc, dab
Jefferson Towers.
Motion by Vice Mayor St.Clair, second by Commissioner Keener, to authorize
the distribution of $150,000, from the City's ARPA Community Grant Fund, to the
following entities - $25,000 to Mediation & Restorative Services; $10,000 to HBCU
Club of Muskegon LLC; $50,000 to Forrest Tax & Accounting Services; and
$65,000 to Muskegon Retirement Apts, Inc, dba Jefferson Towers.
ROLL VOTE: Ayes: Kilgo, Keener, German, Kochin, St.Clair, Johnson
Nays:
MOTION PASSES
O. Allocate City ARPA Funds for New Fire Truck Public Safety
The city currently has $435,133.40 in uncommitted ARPA funds. The Fire
Department is requesting to use the remaining ARPA funds to go towards a new
fire truck which totals $972,276.00. At the 11/14/23 commission meeting, the
commission approved for the Fire Department to enter into a purchase
agreement with CSI Emergency Apparatus LLC for a 2023 Spartan Star pumper
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.
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AMOUNT REQUESTED: $435,133.40
FUND OR ACCOUNT: State Fund #482
STAFF RECOMMENDATION: Allocate the remaining city ARPA funds of
$435,133.40 to the purchase of a 2023 Spartan Star from CSI Emergency
Apparatus LLC.
Motion by Commissioner Kilgo, second by Vice Mayor St.Clair, to allocate the
remaining city ARPA funds of $435,133.40 to the purchase of a 2023 Spartan Star
from CSI Emergency Apparatus LLC.
ROLL VOTE: Ayes: Johnson, Kilgo, Keener, German, Kochin, and St.Clair
Nays: None
MOTION PASSES
2024-20 UNFINISHED BUSINESS
A. Acquisition of Vacant Lot at 748 Catherine for Infill Housing from
Muskegon Land Bank - Tabled on 1/23/2024 Economic Development
This lot recently had a grant funded demolition of a derelict home by the
Muskegon County Land Bank. Rather than see it sold privately to expand a lawn
or sit vacant and sporadically maintained, we would like to proactively acquire
it for future phases of City-led infill housing. We have recently been working to
strengthen ties with the Muskegon County Land Bank Authority and as a result of
this we have a great system in place where we are notified of potential lots that
may benefit our urgent housing need. This lot was recently added to the
inventory for the Land Bank after a long-vacant home was demolished using
State Land Bank grant dollars. As we finish out ARPA Infill Housing we will be
making recommendations on continued builds as part of a broader housing
strategy, and continuing our budgeted property acquisition will benefit all
aspects of that.
AMOUNT REQUESTED: $3500
FUND OR ACCOUNT: Public Improvement Fund
STAFF RECOMMENDATION: Approve the purchase of the vacant lot at 748
Catherine for the sum of $3,500 as presented, and to direct staff to close on the
property.
Motion by Commissioner Kilgo, second by Vice Mayor St.Clair, to Approve the
purchase of the vacant lot at 748 Catherine for the sum of $3,500 as presented,
and to direct staff to close on the property..
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ROLL VOTE: Ayes: None
Nays: St.Clair, Johnson, Kilgo, Keener, German, and Kochin
MOTION FAILS
2024-21 NEW BUSINESS
A. Hackley Public Library Agreement Updates Manager's Office
As Hackely Public Library continues to evolve and separate itself from Muskegon
Public Schools, there are several agreements the City was originally a party to,
which need to be amended with City approval. The City has no financial
interest in any of these transactions.
Hackley Public Library (HPL) was established pursuant to a District Library
Agreement between the District and the City of Muskegon, which is attached.
The District Library Agreement requires the District to lease the Hackley Public
Library and Torrent House to HPL and to make certain annual contributions to
HPL. The school district is looking to transfer ownership of the Torrent House to
HPL (the current user). But, because the District Library Agreement is between
the District and the City, we also need City approval to acknowledge that the
City agrees with the property transfer. An amendment to the District Library
Agreement prepared by the District and the Library is attached. Because the
District Library Establishment Act requires such amendments to be approved by
the State Librarian, HPL has also forwarded the amendment to the State
Librarian for preliminary review.
In addition, the City of Muskegon previously held title to the Torrent House, and
a deed in the chain of title grants the City of Muskegon a right of first refusal to
purchase the property if the then-current owner “intends to transfer ownership
to another than a not for profit entity.” HPL is a “not-for-profit entity” as used in
the deed, and, therefore, the property transfer from the District to HPL does not
trigger the City’s right of first refusal. However, the District and HPL request that
the City acknowledge the right of first refusal is not triggered by signing the
attached Memorandum of Understanding.
It should be noted that the City's first right of refusal to the property will be
maintained with this property transfer. So, if, in the future, HPL were to look to sell
the property to an entity other than a non-profit, the City would still have its right
of first refusal. This is primarily an acknowledgment that this property transfer
doesn't trigger the first right of refusal.
STAFF RECOMMENDATION: Approve the agreements as presented and
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authorize the City Manager to sign.
Motion by Commissioner Kochin, second by Commissioner German, to approve
the agreements as presented and authorize the City Manager to sign.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener, and German
Nays: None
MOTION PASSES
PUBLIC COMMENT ON NON-AGENDA ITEMS
Public comments received.
ADJOURNMENT
Motion by Vice Mayor St.Clair, second by Commissioner Kilgo, to adjourn at
7:55 p.m.
MOTION PASSES
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 12, 2024 Title: Contingent Assignment Agreement -
Choice One Bank/Adelaide Pointe
Submitted by: Jonathan Seyferth, City Manager Department: Manager's Office
Brief Summary:
Choice One Bank, has asked the City to approve a Contingent Assignment Agreement between the
bank and AP. The agreement provides limited rights to the bank for the use of the boat launch at
Hartshorn (the same agreement we have with AP). This agreement would only come into play if AP
were to default on its agreement with the bank. This ensures business operations can continue.
Detailed Summary & Background:
Choice One Bank has asked the City to approve a Contingent Assignment Agreement between itself
and AP. The agreement provides limited rights to Choice One Bank for using the boat launch at
Hartshorn (the same agreement we have with AP) to continue in/out boat operations. This
agreement would only come into play if AP defaulted on its agreement with Choice One Bank. This is
not confirming new operations options and is only an insurance policy for the Bank that the City
needs to be a party to for full effect.
City staff has agreed to this as it is simply an insurance policy for Choice One Bank and does not
materially change any of the operations, agreements, PUD, etc... that are in place. Because it is an
agreement the City would be a party to, it needs to be approved by the Commission.
The City's legal counsel was party to the development of the agreement.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Improved access to the waterfront
Goal/Action Item:
Amount Requested: Budgeted Item:
n/a Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
n/a Yes No N/A X
Recommended Motion:
Approve the Contingent Assignment Agreement between Choice One Bank and Adelaide Point
and authorize the City Manager to sign.
Approvals: Guest(s) Invited / Presenting:
Page 26 of 220
Immediate Division X
Head No
Information
Technology
Other Division Heads X
Communication
Legal Review X
Page 27 of 220
CONTINGENT ASSIGNMENT AGREEMENT
This Contingent Assignment Agreement (“Agreement”), by and between, Adelaide Pointe
QOZB, LLC (“Adelaide” or “Borrower”) and ChoiceOne Bank (“ChoiceOne” or “Lender”) is
made on December 12, 2023 (the “Effective Date”) on the terms and conditions set forth below.
BACKGROUND
In order to secure a loan entered into by Adelaide and ChoiceOne on _______________, 20__,
for the construction of a boat storage building, Adelaide wishes to assign and ChoiceOne
wishes to accept an assignment of the limited rights and responsibilities pertaining to the
use of City property for the purpose of using a certain boat launch (the “Boat Launch”)
adjacent to a certain dry boat storage building on Adelaide property (the “Boat Storage
Building”), pursuant to the terms of the Cooperative Development and Use Agreement. The
exercise of such rights by ChoiceOne shall be contingent upon the default of Adelaide under
the terms of the loan documents.
NOW THEREFORE, in consideration of the promises and the respective and mutual
agreements contained herein, said parties hereby agree as follows:
1. Purpose. This Assignment is made for valuable consideration received to secure the
payment of Borrower’s debt to Lender under the loan documents and to secure the
performance of Borrower’s obligations under the documents.
2. Assignment. Borrower, contingent on the default described in Paragraph 3 of this
Agreement, assigns and transfers to Lender the limited rights and responsibilities of the use
of the Boat Launch, as set forth in Paragraph 2 of the Cooperative Development and Use
Agreement, in the name of the Borrower. Such assignment shall only be effective for the
owner of the Boat Storage Building.
Such assignment does not alter, and is subject to, the rights, responsibilities, remedies, and
obligations held by Adelaide or City under the terms of the Cooperative Development and
Page 28 of 220
Use Agreement as a whole. If such assignment itself results in any alteration of the
responsibilities and obligations under the terms of the Cooperative Development and Use
Agreement as a whole held by Borrower or Lender, such alteration must be specifically
approved, in writing, by City, prior to the vesting of any rights in Lender as an assignee. If
the Cooperative Development and Use Agreement is terminated or expires, this assignment
is voided.
3. Contingent on default. Borrower agrees that the assignment described in
Paragraph 2 of this Agreement, which is limited to the use of the Boat Launch, shall
automatically assign and transfer to Lender upon a default under the loan documents that
continues beyond the cure period for such a default, upon written notice to Borrower after
such a default, and when Lender becomes the owner of the Boat Storage Building.
4. Status of the Cooperative Use Agreement. Borrower warrants to Lender that the
Cooperative Use Agreement is in effect; that Borrower has not assigned, pledged, transferred,
or otherwise encumbered the Cooperative Use Agreement or Borrower’s rights or interests in
that agreement; and that no party to the Cooperative Development and Use Agreement is in
default under that agreement except as previously disclosed in writing to Lender.
5. Transferability. Lender may assign its limited rights to the use of the Boat Launch,
as set forth in this Agreement, to a subsequent buyer of the Boat Storage Building. Such
assignment shall only vest when such sale is closed and the buyer becomes the owner of the
Boat Storage Building. In the event that Lender does not assign its limited rights to a
subsequent buyer of the Boat Storage Building and such buyer in fact becomes the owner of
the Boat Storage Building, this Agreement is terminated.
6. Notices. All notices under this Agreement shall be effective upon receipt and shall
be addressed as follows:
To Borrower:
Adelaide
Address
Page 29 of 220
To Lender:
ChoiceOne
Address
To City:
City of Muskegon
Attn: City Manager
933 Terrace Street
Muskegon, MI 49440
With copy to:
Parmenter Law
Attn: City Attorney
601 Terrace Street
Muskegon, MI 49440
7. Miscellaneous.
(a) Binding effect. This Agreement shall bind the Lender and Borrower and their
respective assigns.
(b) Full execution. This Agreement requires the signature of the Lender and Borrower,
and the consent of City. Until fully executed, this Agreement is of no binding force or
effect and, if not fully executed, this Agreement is void.
(c) Governing law. This Agreement shall by governed by, and interpreted in
accordance with, the laws of the State of Michigan.
(d) Counterparts. This Agreement may be executed in counterparts, and each set of
duly delivered identical counterparts which includes all signatories, shall be deemed
to be one original document.
(e) Electronic signatures. Electronic copies of the signed Agreement shall constitute a
valid, enforceable agreement.
(f) Effective date. This Agreement is effective as of the Effective Date, defined above.
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The foregoing Agreement is accepted and agreed to:
BORROWER LENDER
Adelaide ChoiceOne
_________________________ _________________________
Name Name
Title Title
Date Date
Page 31 of 220
ACKNOWLEDGEMENT AND AGREEMENT TO
CONTINGENT ASSIGNMENT
1. Acknowledgement. City, under the Cooperative Development and Use Agreement
subject to the above Contingent Assignment Agreement (“Agreement”), acknowledges and
consents to the preceding Agreement. This acknowledgement is effective as of the Effective
Date of the Agreement.
2. Recognition of Lender. City agrees that, on notification to City by Lender, if there
has been a default of the loan between Adelaide and ChoiceOne and that Lender has elected
to exercise its rights under that Agreement, City will recognize Lender as the holder of the
rights described in this Agreement.
3. Agreements of City. City agrees, after the Effective Date of the Agreement, as
follows:
(a) City shall notify Lender in writing of any default by Borrower under the
Cooperative Development and Use Agreement.
(b) City recognizes that, under this subsection, Lender may cure any such default of
Borrower under the Cooperative Development and Use Agreement, subject to the
timeliness requirements set forth therein.
CITY
City of Muskegon
_________________________
Name
Title
Date
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 12, 2024 Title: Apple Avenue Utility Design Services
Submitted by: Dan VanderHeide, Public Works Department: Public Works
Director
Brief Summary:
Staff requests approval to enter into a contract with Prein & Newhof in the amount of $65,800 for
design of utility improvements in Apple Avenue that will be included in MDOT's 2026 reconstruction of
Apple.
Detailed Summary & Background:
MDOT is rebuilding Apple Avenue from downtown to US-31 in 2026. They have offered that the City
may include utility improvements within the project limits in their contract, as long as the City pays for
the improvements. The City will save quite a bit of money by being included in the MDOT contract,
as we only have to pay for the specific utility work - none of the pavement costs, and a large
reduction in mobilization and other related costs. In order to take advantage of the offer, the City
needs to design the improvements to MDOT's standards and on MDOT's timeline.
Due to their familiarity with the City's utility systems and standards, with MDOT's design and
construction requirements and staff, and with other area projects such as a County force main
project crossing Apple on a similar timeline, staff solicited a proposal from Prein & Newhof to design
the utility improvements. Prein & Newhof has been assisting the City with capital planning efforts and
the state revolving loan fund projects, and was instrumental in helping the City identify which portions
of which utilities in Apple are in need of replacement. Due to the timeline associated with the
design, this expense will be budgeted in the 2024-25 fiscal year. Any portions that fall in this current
fiscal year will be accommodated by existing budgeted line items. The cost of the actual
improvements will fall in fiscal years 2025-26 and 2026-27 and will be budgeted appropriately at that
time.
With Prein & Newhof's help, staff have identified the following improvements that are planned for
design and inclusion in MDOT's project:
• Replace water main from Muskegon Avenue to Jefferson Street.
• Replace water main from Getty to approximately 550 ft west of Getty.
• Replace sanitary sewer from Muskegon Avenue to Sanford Street.
• Replace sanitary sewer from Getty Avenue to approximately 550 ft west of Getty Avenue.
• Replace sanitary sewer crossing at Spring Street.
• Replace north side sanitary sewer from Oak Grove to Creston, extend laterals across to the
south side to connect the south properties, abandon the south side sanitary sewer.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Sustainability in financial practices and infrastructure
Page 33 of 220
Goal/Action Item:
Amount Requested: Budgeted Item:
$65,800 Yes No X N/A
Fund(s) or Account(s): Budget Amendment Needed:
590 (Sewer) and 591 (Water) Yes No X N/A
Recommended Motion:
Approval for staff to enter into a contract with Prein & Newhof in the amount of $65,800 for design of
utility improvements in Apple Avenue.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 34 of 220
February 16, 2024
Mr. Dan VanderHeide, P.E.
City of Muskegon
Department of Public Works
1350 Keating Avenue
Muskegon, MI 49442
Re: Proposal for Professional Engineering Services for Apple Avenue Utility Replacements
Dear Mr. VanderHeide:
We appreciate this opportunity to provide a proposal for professional engineering services to assist
you with designing utility replacements to be included in the upcoming MDOT Apple Avenue
Reconstruction. We understand the utility improvements will be designed in coordination with
MDOT and provided to MDOT to include in their project.
The specific project scope is as follows:
Replace water main from Muskegon Avenue to Jefferson Street.
Replace water main from Getty to approximately 550 ft west of Getty.
Replace sanitary sewer from Muskegon Avenue to Sanford Street.
Replace sanitary sewer from Getty Avenue to approximately 550 ft west of Getty Avenue.
Replace sanitary sewer crossing at Spring Street.
Replace north side sanitary sewer from Oak Grove to Creston, extend laterals across to the
south side to connect the south properties, abandon the south side sanitary sewer.
We have not included design of storm sewer improvements based on preliminary zoom camera
review indicating no concerns with the sewers at this time. Additional zoom camera work to fully
assess the storm sewer crossings is included in our fee.
Preliminary Design
Gather and review record plans, CCTV inspections (inspection completed by others), zoom
camera results, and soil borings (provided by MDOT);
Complete survey of sanitary sewer inverts, review topographic survey performed by MDOT;
Perform zoom camera inspections of City storm sewer assets within the project area, this will
be performed with City Staff assisting with traffic control.
Design and Bidding Phase
Complete design of proposed sanitary sewer, and water main using survey provided by
MDOT;
Develop plans to meet MDOT drawing requirements;
Coordinate design with MDOT and MDOT Consultants;
Develop special provisions;
Attend up to 12 design progress meetings;
Prepare and submit Act 399 and Part 41 permit applications;
4910 Stariha Drive Muskegon, MI 49441 t. 231-798-0101 f. 231-798-0337 www.preinnewhof.com
R:\PRP - Proposal Preparation\City of Muskegon\2024-01 Apple Ave Utilities\prp 2024-02-05 Vanderheide.doc
Page 35 of 220
Mr. Dan VanderHeide
February 16, 2024
Page 2
Prepare opinion of probable cost based on final design;
Answer questions as necessary during bidding process, MDOT will take lead on bidding;
Fee
Based on the scope of work described above, we propose to complete the work for a not to exceed cost of
$65,800.00. Our estimated time/work level of effort is attached. All design work is anticipated to be
completed this year with anticipated design phase completion by October 2024.
Construction phase services are not included in this proposal.
Thank you for the opportunity to provide this proposal. Please contact us if you have any questions.
Sincerely,
Prein&Newhof
Matthew Hulst, P.E. Jason Washler, P.E.
Enclosures: Estimated work effort/fee, Professional Services Agreement
R:\PRP - Proposal Preparation\City of Muskegon\2024-01 Apple Ave Utilities\prp 2024-02-05 Vanderheide.doc
Page 36 of 220
Project No.
Professional Services Agreement
This Professional Services Agreement is made this 12th day of March, 2024 (“Agreement”) by
and between Prein & Newhof, Inc. (“P&N”), of 3355 Evergreen Drive, NE, Grand Rapids, MI
49525, and City of Muskegon (“Client”), of 933 Terrace Street, Muskegon, MI 49443.
WHEREAS Client intends to:
Replace sanitary sewer, water main and various storm sewer crossings in Apple Avenue as part
of the upcoming MDOT Reconstruction project.
NOW THEREFORE, for and in consideration of the terms and conditions contained herein, the
parties agree as follows:
ARTICLE 1 – DESIGNATED REPRESENTATIVES
Client and P&N each designate the following individuals as their representatives with respect to
the Project.
For Client For P&N
Name: Dan Vander Heide, P.E. Name: Matt Hulst, P.E.
Title: Director of Public Works Title: Project Manager
Phone Number: 231-724-4100 Phone Number: 231-798-0101
Facsimile Number: 231-722-4188 Facsimile Number: 231-798-0337
E-Mail Address: [email protected] E-Mail Address: [email protected]
ARTICLE 2 – GENERAL CONDITIONS
This Agreement consists of this Professional Services Agreement and the following documents
which by this reference are incorporated into and made a part of this Agreement.
☐ P&N Standard Terms and Conditions for Professional Services
☒ P&N Proposal dated February 16, 2024
☒ P&N Standard Rate Schedule
☐ P&N Supplemental Terms and Conditions
☒ Other: P&N Modified Standard Terms and Conditions for Professional Services (Limitation
of Liability)
3355 Evergreen Drive, NE Grand Rapids, MI 49525 t.616-364-8491 f. 616-364-6955 www.preinnewhof.com
Page 1 of 2
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ARTICLE 3 – ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT:
Client hereby requests, and P&N hereby agrees to provide, the following services:
☒ P&N Scope of Services per Proposal dated February 16, 2024
☐ Scope of Services defined as follows:
NA
ARTICLE 4 – COMPENSATION:
☐ Lump Sum for Services Described in Article 3 above - $.
Additional services to be billed per P&N’s Standard Rate Schedule in effect on the date
the additional service are performed.
☐ Hourly Billing Rates plus Reimbursable Expenses per P&N’s Standard Rate Schedule in effect
on the date services are performed.
☒ Other: Hourly rates and expenses as described in February 16, 2024 proposal. Maximum not
to exceed $65,800 without City of Muskegon authorization.
ARTICLE 5 – ADDITIONAL TERMS (If any)
None
This Agreement constitutes the entire Agreement between P&N and Client and supersedes all prior
written or oral understandings. This Agreement may not be altered, modified or amended, except
in writing properly executed by authorized representatives of P&N and Client.
Accepted for: Accepted for:
Prein&Newhof, Inc. City of Muskegon
By: By:
Printed Name: Jason Washler, P.E. Printed Name: Dan Vander Heide, P.E.
Title: Vice President Title: Director of Public Works
Date: Date:
Page 2 of 2
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Page 38 of 220
Standard Terms & Conditions
A. General - As used in this Prein&Newhof Standard Terms and Conditions for Professional Services (hereinafter “Terms and
Conditions”), unless the context otherwise indicates: the term “Agreement” means the Professional Services Agreement
inclusive of all documents incorporated by reference including but not limited to this P&N Standard Terms and Conditions
for Professional Services; the term “Engineer” refers to Prein & Newhof, Inc.; and the term “Client” refers to the other party
to the Professional Services Agreement.
These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of
the State of Michigan.
B. Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under
the Agreement will be the care and skill ordinarily used by members of Engineer’s profession of ordinary learning, judgment
or skill practicing under the same or similar circumstances in the same or similar community, at the time the services are
provided.
C. Disclaimer of Warranties - Engineer makes no warranties, expressed or implied, under the Agreement or otherwise.
D. Construction/Field Observation - If Client elects to have Engineer provide construction/field observation, client
understands that construction/field observation is conducted to reduce, not eliminate the risk of problems arising during
construction, and that provision of the service does not create a warranty or guarantee of any type. In all cases, the
contractors, subcontractors, and/or any other persons performing any of the construction work, shall retain responsibility for
the quality and completeness of the construction work and for adhering to the plans, specifications and other contract
documents.
E. Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for
construction means, methods, techniques, sequences, or procedures, or for any safety precautions and programs in
connection with the construction work, for the acts or omissions of the Contractor, Subcontractors, or any other persons
performing any of the construction work, or for the failure of any of them to carry out the construction work in accordance
with the plans, specifications or other contract documents.
F. Opinions of Probable Costs - Client acknowledges that Engineer has no control over market or contracting conditions and
that Engineer’s opinions of costs are based on experience, judgment, and information available at a specific period of time.
Client agrees that Engineer makes no guarantees or warranties, express or implied, that costs will not vary from such
opinions.
G. Client Responsibilities
1. Client shall provide all criteria, Client Standards, and full information as to the requirements necessary for Engineer to
provide the professional services. Client shall designate in writing a person with authority to act on Client’s behalf on all
matters related to the Engineer’s services. Client shall assume all responsibility for interpretation of contract documents
and construction observation/field observation during times when Engineer has not been contracted to provide such
services and shall waive any and all claims against Engineer that may be connected thereto.
2. In the event the project site is not owned by the Client, the Client must obtain all necessary permission for Engineer to
enter and conduct investigations on the project site. It is assumed that the Client possesses all necessary permits and
licenses required for conducting the scope of services. Access negotiations may be performed at additional costs.
Engineer will take reasonable precaution to minimize damage to land and structures with field equipment. Client
assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to
Engineer’s performance of services.
3. The Client, on behalf of all owners of the subject project site, hereby grants permission to the Engineer to utilize a small
unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition. The Client is responsible to provide
required notifications to the property owners of the subject project site and affected properties where the sUAS services
will be performed. The Engineer will operate the sUAS in accordance with applicable State and Federal Laws.
H. Hazardous or Contaminated Materials/Conditions
1. Client will advise Engineer, in writing and prior to the commencement of its services, of all known or suspected
Hazardous or Contaminated Materials/Conditions present at the site.
2. Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated
Materials/Conditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate
its services. Engineer and Client also agree that the discovery of said Materials/Conditions may make it necessary for
Engineer to take immediate measures to protect health, safety, and welfare of those performing Engineer’s services.
Client agrees to compensate Engineer for any costs incident to the discovery of said Materials/Conditions.
3. Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site. Similarly, a site
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which is in fact unaffected by contaminants at the time of Engineer’s surface or subsurface exploration may later, due to
natural phenomena or human intervention, become contaminated. The Client waives any claim against Engineer, and
agrees to defend, indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that
Engineer does not detect the presence of contaminants through techniques commonly employed.
4. The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the
laws pertaining to environmental issues, Engineer cannot offer legal advice to the Client. Engineer urges that the Client
seek legal assistance from a qualified attorney when such assistance is required. Furthermore, the Client is cautioned to
not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal
representation of environmental law or practice.
5. Unless otherwise agreed to in writing, the scope of services does not include the analysis, characterization or disposal of
wastes generated during investigation procedures. Should such wastes be generated during this investigation, the Client
will contract directly with a qualified waste hauler and disposal facility.
I. Underground Utilities – To the extent that the Engineer, in performing its services, may impact underground utilities,
Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the
services for which Engineer has been contracted, including contacting the appropriate underground utility locating entities
and reviewing utility drawings provided by others. Engineer will take reasonable precautions to avoid damage or injury to
underground utilities and other underground structures. Client agrees to hold Engineer harmless for any damages to below
ground utilities and structures not brought to Engineers attention and/or accurately shown or described on documents
provided to Engineer.
J. Insurance
1. Engineer will maintain insurance for professional liability, general liability, worker’s compensation, auto liability, and
property damage in the amounts deemed appropriate by Engineer. Client will maintain insurance for general liability,
worker’s compensation, auto liability, and property damage in the amounts deemed appropriate by Client. Upon request,
Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages.
2. Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as
specified in project contract documents. Client shall cause Engineer, Engineer’s consultants, employees, and agents to be
listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer
provides services. Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect
that, in the event of payment of any loss or damages, subrogation rights under these Terms and Conditions are hereby
waived by the insurer with respect to claims against Engineer.
K. Limitation of Liability - The total liability, in the aggregate, of Engineer and Engineer’s officers, directors, partners,
employees, agents, and consultants, whether jointly, severally or individually, to Client and anyone claiming by, through, or
under Client, for any and all injuries, losses, damages and expenses, whatsoever, arising out of, resulting from, or in any
way related to the Project or the Agreement, including but not limited to the performance of services under the Agreement,
from any cause or causes whatsoever, including but not limited to the negligence, professional errors or omissions, strict
liability or breach of contract or warranty, expressed or implied, of Engineer or Engineer’s officers, directors, partners,
employees, agents, consultants, or any of them, shall not exceed the amount of the compensation paid to Engineer under this
Agreement, or the sum of fifty thousand dollars and no cents ($50,000.00), whichever is less. Recoverable damages shall be
limited to those that are direct damages. Engineer shall not be responsible for or held liable for special, indirect or
consequential losses or damages, including but not limited to loss of use of equipment or facility, and loss of profits or
revenue.
Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or
omission of any director, officer, or employee of Engineer, in the execution or performance of the Agreement, shall be made
against Engineer and not against such director, officer, or employee.
L. Documents and Data
1. All documents prepared or furnished by Engineer under the Agreement are Engineer’s instruments of service, and are
and shall remain the property of Engineer.
2. Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format. Client
recognizes that data provided in electronic format can be corrupted or modified by the Client or others, unintentionally or
otherwise. Consequently, the use of any data, conclusions or information obtained or derived from electronic media
provided by Engineer will be at the Client’s sole risk and without any liability, risk or legal exposure to Engineer, its
employees, officers or consultants.
3. Any extrapolations, conclusions or assumptions derived by the Client or others from the data provided to the Client,
either in hard copy or electronic format, will be at the Client’s sole risk and full legal responsibility.
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M. Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test
locations used by Engineer as the basis of its design. Consequently, Engineer does not guarantee or warrant that actual site
conditions will not vary from those used as the basis of Engineer’s design, interpretations and recommendations. Engineer is
not responsible for any costs or delays attributable to differing site conditions. .
N. Terms of Payment - Unless alternate terms are included in the Agreement, Client will be invoiced on a monthly basis until
the completion of the Project. All monthly invoices are payable within 30 days of the date of the invoice. Should full
payment of any invoice not be received within 30 days, the amount due shall bear a service charge of 1.5 percent per month
or 18 percent per year plus the cost of collection, including reasonable attorney’s fees. If Client has any objections to any
invoice submitted by Engineer, Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice.
Unless otherwise agreed, Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of
service performance. Outside costs such as, but not limited to, equipment, meals, lodging, fees, and subconsultants shall be
actual costs plus 10 percent. In addition to any other remedies Engineer may have, Engineer shall have the absolute right to
cease performing any services in the event payment has not been made on a current basis.
O. Termination - Either party may terminate services, either in part or in whole, by providing 10 calendar days written notice
thereof to the other party. In such an event, Client shall pay Engineer for all services performed prior to receipt of such
notice of termination, including reimbursable expenses, and for any shut–down costs incurred. Shut–down costs may, at
Engineer’s discretion, include expenses incurred for completion of analysis and records necessary to document Engineer’s
files and to protect its professional reputation.
P. Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under
any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
Client and P&N, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a
valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Non-
enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the
enforceability of that provision or of the remainder of the Agreement.
Q. Dispute Resolution - If a dispute arises between the parties relating to the Agreement, the parties agree to use the following
procedure prior to either party pursuing other available remedies:
1. Prior to commencing a lawsuit, the parties must attempt mediation to resolve any dispute. The parties will jointly appoint
a mutually acceptable person not affiliated with either of the parties to act as mediator. If the parties are unable to agree
on the mediator within twenty (20) calendar days, they shall seek assistance in such regard from the Circuit Court of the
State and County wherein the Project is located, who shall appoint a mediator. Each party shall be responsible for paying
all costs and expenses incurred by it, but shall split equally the fees and expenses of the mediator. The mediation shall
proceed in accordance with the procedures established by the mediator.
2. The parties shall pursue mediation in good faith and in a timely manner. In the event the mediation does not result in
resolution of the dispute within thirty (30) calendar days, then, upon seven (7) calendar days’ written notice to the other
party, either party may pursue any other available remedy.
3. In the event of any litigation arising from the Agreement, including without limitation any action to enforce or interpret
any terms or conditions or performance of services under the Agreement, Engineer and Client agree that such action will
be brought in the District or Circuit Court for the County of Kent, State of Michigan (or, if the federal courts have
exclusive jurisdiction over the subject matter of the dispute, in the U.S. District Court for the Western District of
Michigan), and the parties hereby submit to the exclusive jurisdiction of said court.
R. Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called
for under the Agreement resulting from any cause beyond Engineer’s reasonable control.
S. Assignment - Neither party shall assign its rights, interests or obligations under this Agreement without the express written
consent of the other party.
T. Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is
sought to be enforced.
U. Survival - All express representations, indemnifications, or limitations of liability included in the Agreement shall survive
its completion or termination for any reason.
V. Third-Party Beneficiary - Client and Engineer agree that it is not intended that any provision of this Agreement establishes
a third-party beneficiary giving or allowing any claim or right of action whatsoever by a third party.
W. Fee Escalation - Engineer’s fees are based on its billing rates, which are adjusted annually. For multi-year projects,
Engineer’s fees incorporate an estimate of future billing rates. If inflation causes actual billing rates to exceed these
estimates, Engineer reserves the right to adjust its fees accordingly.
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Professional Hours Worksheet
City of Muskegon - Apple Avenue Utilities
Sen. PM II Sen. PM PM Sen Eng II Eng. Sen Tech III Tech IV Survey II Surveyor IV Expense
Staff Member Mileage Total Cost
Marczak Houk Hulst Staff Staff Staff TBD TBD TBD Item Cost
Preliminary Design
Scoping Meeting 4 10 $700
Preliminary Engineering 20 10 4 $5,300
Zoom Camera Storm Sewer 2 4 20 10 $3,200
Structure Measure Downs 33 5 90 $5,300
Environmental Review 5 $800
Progress Meetings (12) 12 5 $2,700
Review Meeting 2 2 10 $600
Preliminary Subtotals 0 0 40 26 4 0 20 33 5 0 0 $0 120 $18,600
Apple Design
Sanitary Sewer Design 5 20 70 $13,900
Water Main Design 5 4 70 $11,400
Storm Sewer Design 5 4 70 $11,400
EGLE Part 41 Permit 1 3 $600
EGLE Water Permit Application 1 3 $600
Coordination with MDOT and Subconsultants 6 3 $1,400
Special Provisions 2 8 8 $2,700
Meeting w/ Client (1) 2 10 $300
Cost Estimate 1 7 $1,200
QA/QC 4 4 4 2 $2,200
Design Subtotals 0 4 32 52 0 222 2 0 0 0 0 $0 10 $45,700
Bid, Award, and Contract Phase
Bidder Questions 4 $700
Addenda (1) 1 3 2 $800
Bid, Award, and Contract Phase Subtotals 0 0 5 0 3 2 0 0 0 0 0 $0 0 $1,500
Page 1 of 2
Page 42 of 220
Professional Hours Worksheet
City of Muskegon - Apple Avenue Utilities
Sen. PM II Sen. PM PM Sen Eng II Eng. Sen Tech III Tech IV Survey II Surveyor IV Expense
Staff Member Mileage Total Cost
Marczak Houk Hulst Staff Staff Staff TBD TBD TBD Item Cost
Project Grand Total 0 4 77 78 7 224 22 33 5 0 0 $0 130 $65,800
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 12, 2024 Title: Sale of 307 McLaughlin
Submitted by: Samantha Pulos, Planner Department: Planning
Brief Summary:
Staff is requesting approval of a purchase agreement for 307 McLaughlin for $140,520.
Detailed Summary & Background:
307 McLaughlin was constructed through the agreement with Dave Dusendang to construct infill
housing with ARPA funding. The offer is over the full listing price with the seller to contribute 4% of
purchase price towards buyers closing costs, pre paids and discount points.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Create an environment that effectively attracts new residents and retains existing residents by filling
existing employment gaps, attracting new and diverse businesses to the city, and expanding access
to a variety of high-quality housing options in Muskegon. Key Focus Area: Diverse housing types
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A x
Recommended Motion:
Approve the purchase agreement for 307 McLaughlin.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads x
Communication
Legal Review x
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WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
#
DATE: 02/08/2024 , (time) MLS # 71023143835
SELLING OFFICE: bHome Realty BROKER LIC.#: 650377080 REALTOR® PHONE: 615-870-7117
LISTING OFFICE: West Urban Realty REALTOR® PHONE: 616-366-2459
1.Effective Date: This Agreement is effective on the date of Seller's acceptance of Buyer's offer or Buyer's acceptance of any
counteroffer, as the case may be, and this date shall hereafter be referred to as the "Effective Date". Further, any reference to "days"
in this Agreement refers to calendar days. The first calendar day begins at 12:01 a.m. on the day after the Effective Date. Any
reference to "time" refers to local time.
2. Agency Disclosure: The Undersigned Buyer and Seller each acknowledge that they have read and signed the Disclosure Regarding
Real Estate Agency Relationships. The selling licensee is acting as (choose one):
Agent/Subagent of Seller Buyer’s Agent Dual Agent (with written, informed consent of both Buyer and Seller)
Transaction Coordinator
Primary Selling Agent Name: Olivia Fenlon Email: [email protected] Lic.#: 6501445616
Alternate Selling Agent Name: Dirk Stone Email: [email protected] Lic.#: 6501335451
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: Exempt - new construction
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)
307 McLaughlin Ave, Muskegon, MI 49442
with the following legal description and tax parcel ID numbers:
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 10 EXC THE EAST 74.00 FT TH'OF BLK 264
PP# 6124205264001010 .
The following paragraph applies only if the Premises include unplatted land:
Seller agrees to grant Buyer at closing the right to make (insert number) any/all division(s) under Section 108(2), (3), and
(4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays
with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the
number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale
will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or
before , of the proposed division to create the Premises.
6. Purchase Price: Buyer offers to buy the Property for the sum of $ 134,900
one hundred thirty-four thousand nine hundred U.S. Dollars
7.Seller Concessions, if any: Seller to pay 4% towards Buyer's prepays, closing costs, and escrows.
8.Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.)
SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below
are currently available to Buyer in cash or an equally liquid equivalent.
If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within
three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall
receive a refund of Buyer’s Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price.
CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual Agent
verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information to Seller and/or
Seller’s Agent. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement
at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be
arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement.
NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to
obtain a VA type 30 (year) mortgage in the amount of 100 % of the Purchase Price
bearing interest at a rate not to exceed 7.25 % per annum (rate at time of loan application), on or before the date the sale is
to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to
process the application, within 4 days after the Effective Date, not to impair Buyers’ credit after the date such loan if
offered. Seller Buyer will agree to pay an amount not to exceed $ 500 representing repairs required as a
condition of financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from
©Copyright, West Michigan REALTOR® Associations
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02/08/24 02/08/24
4:30 PM EST 7:14 PM EST
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Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent.
Exceptions:
SELLER FINANCING (choose one of the following): CONTRACT or PURCHASE MONEY MORTGAGE
In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the
credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if
Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer
within 48 hours. Seller is advised to seek professional advice regarding the credit report.
$ upon execution and delivery of a
form (name or type of form and revision date), a copy of which is attached, wherein the balance of $
will be payable in monthly installments of $ or more including interest at % per annum,
interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance
will become due and payable months after closing. Any appraisal required by Buyer shall be arranged and
paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions:
EQUITY (choose one of the following): Formal Assumption or Informal Assumption
Upon execution and delivery of: Warranty Deed subject to existing mortgage OR Assignment of Vendee Interest
in Land Contract, Buyer to pay the difference (approximately $ ) between the Purchase Price above
provided and the unpaid balance (approximately $ ) upon said mortgage or land contract, which Buyer
agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future
taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten
(10) days after the Effective Date of this Agreement. Exceptions:
OTHER:
9. Contingencies: Buyer’s obligation to consummate this transaction (choose one):
IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer.
IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at:
A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale
or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in
writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest
Money Deposit.
IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing
of a sale or exchange of Buyer’s property located at
on or before . Seller will have the right to continue to
market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy
thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such
price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified
promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions:
10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All
improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the
following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and
bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage
disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached
shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and
pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on
heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid
heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete
rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball
backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars;
detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door
opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes:
N/A
but does not include:
307 McLaughlin Ave, Muskegon, MI 49442 02/08/2024
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2024 TG Buyer’s Initials
SP Seller’s Initials
02/08/24 02/08/24
4:30 PM EST 7:14 PM EST
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11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
expended through normal use. Exceptions:
N/A Electric Heat Source
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 for future connection 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: Public water and sewer
15. Inspections & Investigations:
Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at
Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be
Buyer’s responsibility and expense.
Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances
and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the
Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone.
All inspections and investigations will be completed within ____ 4 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
307 McLaughlin Ave, Muskegon, MI 49442 02/08/2024
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2024 TG Buyer’s Initials
SP Seller’s Initials
02/08/24 02/08/24 Page 48 of 220
4:30 PM EST 7:14 PM EST
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West Michigan Regional Purchase Agreement Page 4 of 6
accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this
Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of
Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a refund of
any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed
to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this Agreement.
Buyer has waived all rights under this Inspections & Investigations paragraph.
Exceptions: Buyer to conduct inspections on pass/fail basis.
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
03/15/2024 . 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
will have the privilege to occupy the Property and hereby agrees to pay Buyer $ 0 as an occupancy
fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds.
307 McLaughlin Ave, Muskegon, MI 49442 02/08/2024
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2024 TG Buyer’s Initials
SP Seller’s Initials
02/08/24 02/08/24 Page 49 of 220
4:30 PM EST 7:14 PM EST
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West Michigan Regional Purchase Agreement Page 5 of 6
For purposes of determining possession, the transaction will be considered closed once all necessary documents have been signed
and received by escrow agent and funds have been received by the escrow agent.
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 $ 500 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. Seller shall also be responsible for snow
removal and/or landscape maintenance. 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.
In the event of possession by Seller after close, Buyer and Seller agree do not agree to sign the West Michigan Regional
Temporary Occupancy Addendum to the Purchase Agreement. If signed, that Addendum shall become an integral part of this
Agreement.
Exceptions:
24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 4pm (time) on
02/09/2024 (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 Home Realty (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 Buyer is entitled to a refund of the Earnest Money Deposit. 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 CONCESSIONS: Seller to pay 4% towards Buyer's prepays, closing costs, and escrows.
PASS/FAIL INSPECTION: Buyer to conduct inspections on pass/fail basis.
CLOSING: Buyer is willing to close as soon as lender is ready if seller agrees.
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.
307 McLaughlin Ave, Muskegon, MI 49442 02/08/2024
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2024 TG Buyer’s Initials
SP Seller’s Initials
02/08/24
4:30 PM EST
02/08/24
7:14 PM EST
Page 50 of 220
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West Michigan Regional Purchase Agreement Page 6 of 6
30. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic
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.
dotloop verified
Buyer 1 Address X Thomas Goedert 02/08/24 4:30 PM EST
O0GC-T3II-NVAW-PKUM Buyer
Buyer 1 Phone: (Res.) (Bus.) Thomas Goedert
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:
Sale Price to be $140,520
Seller to pay 4 % ($5620) of buyers closing, cost, prepaid, escrows
Paragraph 8- Seller will provide a quit claim deed vs a warranty deed.
Builder one year warranty starts from day of Certificate of Occupancy.
Counteroffer, if any, expires 02/09/2024 , at 5pm (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 na (choose one): Yes No.
Seller agrees to inform Buyer in writing of any changes in the content of the disclosure statement prior to closing.
34. Notice to Seller: Seller understands that consummation of the sale or transfer of the Property described in this Agreement will not
relieve Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless otherwise agreed to by
the lender or required by law or regulation. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form
is available from the respective agents via the West Michigan REALTOR® Boards.
35. Listing Office Address: 3265 Walker Ave NW, Suite D, Grand Rapids, MI 49544 Listing Broker License # 6505429509
Listing Agent Name: Mariana Murillo VanDam Listing Agent License # 6506015435
36. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s
response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required
below.
dotloop verified
X (Seller’s Signature, Date, Time): Samantha Pulos 02/08/24 7:14 PM EST
OKE6-3VYA-TSHN-I6K1
Sam Pulos Is Seller a U.S. Citizen or Resident Alien? Y
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.
dotloop verified
X (Buyer’s Signature, Date, Time): Thomas Goedert 02/08/24 8:47 PM EST
GAIT-MHVS-8XGL-IERI
X (Buyer’s Signature, Date, Time):
38. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counteroffer.
dotloop verified
X (Seller’s Signature, Date, Time): Samantha Pulos 02/09/24 8:20 AM EST
EECM-CLQP-WZLY-ZGL8
X (Seller’s Signature, Date, Time):
307 McLaughlin Ave, Muskegon, MI 49442 02/08/2024
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2024 TG Buyer’s Initials
SP Seller’s Initials
02/08/24
4:30 PM EST
02/08/24
7:14 PM EST
Page 51 of 220
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 12, 2024 Title: Amended Lakeside Resolution
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
Amendments to Resolution 2023-108(b) were made with the proper meeting dates and Winter
property tax bill years.
Detailed Summary & Background:
This resolution was corrected to change the resolution date from September 13 to 12. The Winter
property tax bill years were changed from 2024-2026 to 2023-2025.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No X N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No X N/A
Recommended Motion:
To approve the amendments to Resolution 2023-108(b)
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 52 of 220
RESOLUTION CONFIRMING THE SPECIAL ASSESSMENT ROLL
OF THE LAKESIDE BUSINESS IMPROVEMENT DISTRICT
2023-2026
City of Muskegon
County of Muskegon, Michigan
Amendments to Resolution 2023-108(b)
Properties Assessed: See Exhibit A attached to this resolution
RECITALS:
1. The City Commission created a special assessment district covering the properties
set forth in Exhibit A attached to this resolution on September 1312, 2023, at a first
public hearing.
2. The City Commission had a public hearing Oct. 10, 2023, at 5:30 p.m. at the City
Commission Chambers to hear comments on the proposed BID special assessment
roll. Notice was given by mail and publication as required by law.
3. The City has reviewed the special assessment roll which is based a special
assessment in the district levying on “Class A” Properties, as defined in the BID
Bylaws, shall be assessed an annual assessment of $0.04/sf with no assessment to
exceed $1,600 and “Class B” Properties, as defined in the BID Bylaws, shall be
assessed an annual assessment of $0.02/sf with no assessment to exceed $1,600.
4. The City Commission has heard all objections to the special assessment roll filed
before or at the hearing.
THEREFORE, BE IT RESOLVED:
1. That the BID special assessment roll submitted by the Board of Assessors is hereby
approved.
2. That the assessments levied will be placed on the Winter 2024-2026 2023-2025 property tax bills.
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor to endorse the resolution bearing the date of this resolution which is the date
of confirmation.
Page 53 of 220
This resolution adopted.
Ayes
___________________________________________________________________
____________________________________________________________________________
Nays
___________________________________________________________________
____________________________________________________________________________
CITY OF MUSKEGON
By ________________________________
Ken Johnson, Mayor
By _________________________________
Ann Marie Meisch, Clerk
Page 54 of 220
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on March 12, 2024.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public acts of 1976, as amended and modified by the governor’s
COVID-19 executive order and that the minutes of said meeting were kept and will be or have
been made available as required by said Act.
CITY OF MUSKEGON
By ________________________________
Ann Marie Meisch, City Clerk
Page 55 of 220
SPECIAL ASSESSMENT DISTRICT PROPERTIES
EXHIBIT A
Page 56 of 220
ADDRESS Name Parcel Number S/F Pr Assessing Amount Class
1950 LAKESHORE DR 1950 LAKESHORE DRIVE LLC 24-205-596-0004-20 15,060.50 $ 602.42 A
1983 LAKESHORE DR 1983 LAKESHORE LLC 24-205-635-0001-00 13,171.88 $ 526.88 A
2445 LAKESHORE DR BLAKE TOM/EVANS BLAKE 24-205-677-0005-00 8,712.00 $ 348.48 A
1991 LAKESHORE DR BTBG INVESTMENTS LLC 24-205-635-0002-00 40,617.80 $ 1,600.00 A
1700 LAKESHORE DR STAG PROPERTIES LLC 24-205-609-0002-00 26,400.00 $ 1,056.00 A
2182 LAKESHORE DR CENTRAL PAPER EMPLOYEES FCU 24-205-597-0017-00 37,644.29 $ 1,505.77 A
1794 LAKESHORE DR CROW INVESTMENTS LLC 24-205-594-0001-00 19,694.80 $ 1,600.00 A
1786 LAKESHORE DR CROW INVESTMENTS LLC 24-205-609-0013-00 6,210.00 $ 248.40 A
1756 LAKESHORE DR RAANS PROPERTIES LLC 24-205-609-0010-00 19,800.00 $ 792.00 A
2034 LAKESHORE DR DONE BACH LLC 24-900-251-1330-00 10,767.00 $ 215.34 B
1930 LAKESHORE DR SAMPLES GARY/LAUREEN F 24-900-251-4315-00 18,144.00 $ 725.76 A
2054 LAKESHORE DR FUNK EDWARD W TRUST 24-205-597-0004-00 8,600.00 $ 172.00 B
1732 LAKESHORE DR GARRETT LORIL 24-205-609-0007-00 8,750.00 $ 350.00 A
2020 LAKESHORE DR GAWKOWSKI PROPERTIES LAKESHORE LLC 24-205-596-0007-00 6,675.23 $ 267.01 A
2017 LAKESHORE DR GHEZZI RICHARD P 24-900-251-4237-00 8,170.80 $ 326.83 A
1812 LAKESHORE DR GHEZZI RICHARD A ESTATE 24-205-596-0001-00 19,386.00 $ 775.44 A
1937 LAKESHORE DR GHEZZI RICHARD P 24-205-627-0002-00 9,529.00 $ 381.16 A
2033 LAKESHORE DR WESTRA BRUCE 24-205-636-0001-00 7,425.00 $ 297.00 A
2341 LAKESHORE DR H2O ENTERPRISES LLC 24-205-664-0011-00 7,700.00 $ 308.00 A
1883 LAKESHORE DR KORNDORFER PAUL R 24-205-625-0001-00 7,078.00 $ 283.12 A
1891 LAKESHORE DR KORNDORFER PAUL R 24-205-625-0002-00 7,407.00 $ 296.28 A
2465 LAKESHORE DR M J BLAIS LLC 24-205-678-0001-02 16,665.00 $ 666.60 A
2565 LAKESHORE DR MOJI INC 24-900-251-0980-00 39,275.00 $ 1,571.00 A
1864 LAKESHORE DR PPJ INVESTMENTS LLC 24-900-251-5485-00 13,600.00 $ 544.00 A
1920 LAKESHORE DR CITY OF MUSKEGON 24-900-251-3938-00 344,124.00 $ 1,600.00 A
2080 LAKESHORE DR SHORELINE SERVICE INC 24-205-597-0005-00 16,920.00 $ 676.80 A
2009 LAKESHORE DR STEINBACH JOHN E ET AL 24-205-635-0006-00 5,321.00 $ 212.84 A
2167 LAKESHORE DR SWARVAR DANIEL C 24-490-000-0004-00 3,825.00 $ 153.00 A
2173 LAKESHORE DR SWARVAR DANIEL C 24-490-000-0005-00 4,165.00 $ 166.60 A
2187 LAKESHORE DR SWARVAR DANIEL C 24-205-641-0005-00 10,795.00 $ 431.80 A
1945 LAKESHORE DR THORSEN SHEILA P TRUST 24-205-627-0003-00 5,445.00 $ 217.80 A
1953 LAKESHORE DR SKEGON LLC 24-205-627-0004-00 8,170.80 $ 326.83 A
1831 LAKESHORE DR VERIZON INC 24-205-624-0001-00 12,556.00 $ 251.12 B
1927 LAKESHORE DR VF VENTURES LLC 24-205-627-0001-00 9,529.00 $ 381.16 A
1845 LAKESHORE DR VF VENTURES LLC 24-205-624-0003-00 19,272.00 $ 770.88 A
1595 LAKESHORE DR WASSERMAN PROPERTY 24-205-529-0004-00 8,976.00 $ 359.04 A
1965 LAKESHORE DR WILLIAM J GIBNER LLC 24-205-627-0005-00 8,167.00 $ 326.68 A
1878 LAKESHORE DR HRYNEWICH REED 24-205-596-0002-30 8,642.00 $ 345.68 A
2245 LAKESHORE DR MCCALL WENDY 24-205-658-0004-00 9,098.00 $ 363.92 A
1824 LAKESHORE DR HINTERMEISTER RENTALS 24-205-596-0001-10 4,240.00 $ 169.60 A
1910 LAKESHORE DR SAND DOCK PROPERTIES LLC 24-205-596-0003-20 6,105.00 $ 244.20 A
Total 861,834.10 $ 22,457.44
Page 57 of 220
Assessment Amount
Class Amt per s/f
A 0.04
B 0.02
BOARD OF ASSESSORS:
___________________________________
Michael Ramsey, City Commissioner
___________________________________
Teresa Emory, City Commissioner
Page 58 of 220
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 12, 2024 Title: Contract for Tree Removal Services
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff is working with three developers on the sale of 10 City-owned residential lots for new home
construction. Nine of these lots have several trees located within the potential building footprints,
making them unattractive to developers due to the costs associated with tree removal. A request for
proposal for tree services was listed on the City's website. Staff recommends awarding the contract
to Monarch Tree Services, as they appear to be a qualified company with the lowest price. Trees
must be removed from the lots by April 15. The lots include 466/486 Erickson, 1172/1243/1311/1357
Marquette, 1328 James, 1554 Marcoux, and 509 Octavius.
Detailed Summary & Background:
N/A
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
$23,562.50 Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Public Improvement - 445-901-975 Yes No X N/A
Recommended Motion:
To award the tree removal contract to Monarch Tree Service.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads X
Communication
Legal Review
Page 59 of 220
Page 60 of 220
CITY OF MUSKEGON
PLANNING DEPARTMENT
TREE REMOVAL CONTRACT AGREEMENT
AGREEMENT made this 12th day of March, 2024 between City of Muskegon, a Michigan municipal
corporation, of 933 Terrace Street, Muskegon, Michigan 49440, hereinafter called “City”, and Monarch Tree
Services hereinafter called "Contractor". WITNESSETH, that the Contractor and the City for the considerations
stated herein mutually agree as follows:
STATEMENT OF WORK. To fell and remove several trees from nine residential lots where the City will
be constructing homes. The trees must be felled and left with a two-foot stump. Contractor will not be
responsible for removing the stumps. Contractor will be responsible for the removal and disposal of felled
trees from the sites. All trees must be felled and removed from each site by April 15.
Project Location and Specifics
There are nine separate parcels of land with various trees that need to be removed. All lots are owned by the
City of Muskegon. Trees for removal have been marked with an orange X. Some trees are individually marked
and others are marked as a cluster. The Contractor has identified these on their bid. The lots include:
466 Erickson
486 Erickson
1172 Marquette
1243 Marquette
1311 Marquette
1357 Marquette
1328 James
1554 Marcoux
509 Octavius
General Conditions
4. The Contractor must commence work within ten (10) days after the issuance of the Proceed Order.
Extensions of this time period must be approved in writing by the City. Failure to begin work within
said specified period without an approved extension may result in an award of the contract to the next
lowest qualified bidder.
5. The Contractor must satisfactorily complete the work by April 15, 2024. In the event of failure to
complete work within said specified period without an approved extension, the City of Muskegon,
reserves the right to withhold sufficient funds from final payment to retain another contractor for
satisfactory completion of work to be performed. Inexcusable and unapproved delays in completion
may result in per diem surcharges against the Contractor, to be deducted from final payment, in the
amount of $100 per day.
6. The Contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, and services
and perform and complete all work in an efficient and workmanlike manner.
7. A. The Contractor shall be paid the contract price in one lump sum payment after work is
satisfactorily completed.
Page 61 of 220
B. Final Payment on this Contract shall be made only after final inspection and acceptance of all
work performed by the Contractor and/or his subcontractors.
8. The Contractor shall:
A. Furnish evidence of comprehensive public liability insurance coverage protecting the City of
Muskegon (listed as named insured on the policy as well), the Contractor and any subcontractor
performing work covered by the Contract from any and all claims which may arise from the
performance, inspection, or acceptance of the work covered by this Contract whether such claims arise
as a result of the alleged act or omission of the City of Muskegon, the Contractor, any subcontractor, or
anyone directly or indirectly employed by any of them.
The amounts of insurance shall be as follows:
Bodily Injury, Including Death
Each Person $50,000.00 Each Accident $100,000.00
Property Damage
Each Accident $25,000.00 Aggregate $ 50,000.00
Proof of such insurance coverage shall be evidenced by submitting a certificate of insurance to the City
of Muskegon Planning Department. The Contractor shall also provide satisfactory evidence of
Worker's Compensation for himself and for his subcontractors.
B. Obtain and pay for all applicable permits and licenses necessary for the completion and
execution of the work and labor to be performed.
C. Perform all work in conformance with applicable ordinances and code requirements whether or
not covered by the proposal and specifications for the work.
D. Keep the premises clean and orderly during the course of the work and remove all debris at the
completion of the work. Materials and equipment that have been removed and replaced as part of the
work shall belong to the Contractor.
9. Further provisions as applicable to this instrument are described below by general subject and
attachment designation and are a part of this instrument. (For example: the identities, addresses and
specific trades of all subcontractors)
10. The undersigned Contractor offers to do the tree removal work specified in the Contractors' Bid and
Proposal, attachment hereto and made a part thereof, on the aforementioned addresses, for the
compensation itemized in said Bid and Proposal:
With total for entire project of $____23,562.50_____________.
Page 62 of 220
CITY: CONTRACTOR:
CITY OF MUSKEGON MONARCH TREE SERVICES
By: _______________________________ By:
Name: Ken Johnson ____________________________
Title: Mayor Name: _________________
Dated: __________________ Dated: __________________
By: _______________________________
Name: Ann Marie Meisch
Title: City Clerk
Dated: __________________
Page 63 of 220
Tree Removal Bids
Company Proof of Insurance Date of Completion Bid Amount Total Trees Removed
Monarch Tree Service LLC Yes, expires April 1, 2024 March 29,2024 $23,562.50 Only trees that have been marked
Atkin Tree Service Yes, expires July 19, 2024 April 5, 2024 $24,750.00 85 Trees + small tree clumps
McFarland and Sons Tree Service Yes, expires February 16, 2025 March 29,2024 $27,905.00 67 + several small tree clumps
Alpine Tree Service LLC Yes, expires September 2, 2024 15 days from start $31,531.00 103 Trees
Dkeinonen Tree Service LLC Yes, expires in May and October 2024 April 15, 2024 $32,700.00 81 Trees
DJ's Tree Service LLC Yes, expires September 29, 2024 April 14, 2024 $49,850.00 107 Trees (Includes small tree clumps)
Absolute Tree Service and Property Management LLC Yes, expires March 15, 2024* April 14, 2024 $75,000.00 57 Trees + small tree clumps
J. Ranck Electric Inc. Yes, July 1, 2024 April 15, 2024 $88,300.00 110 Trees
*Additional insurance coverage will be added, if bid is accepted.
Page 64 of 220
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 12, 2024 Title: Neighborhood Enterprise Zone - 242 Viridian
Shores Dr.
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
Staff is requesting the approval of a Neighborhood Enterprise Zone (NEZ) for 12 years for the new
construction of a home at 242 Viridian Shores Dr.
Detailed Summary & Background:
An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received from Nancy
Birge/William Shoemaker for the new construction of a home at 242 Viridian Shores Dr. The cost of
construction is approximately $693,0000.00. The applicant has met local and state requirements for
the issuance of the NEZ certificate.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No X N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No X N/A
Recommended Motion:
To approve the Neighborhood Enterprise Zone certificate for 242 Viridian Shores Dr. for 12 years.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head Yes
Information
Technology
Other Division Heads
Communication
Legal Review
Page 65 of 220
Page 66 of 220
Page 67 of 220
Page 68 of 220
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Page 71 of 220
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with the City
Clerk by Nancy Birge/William Shoemaker to construct a new home at 242 Viridian Shores Dr. in the
Harbor 31 neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a Neighborhood
Enterprise Zone Certificate;
WHEREAS, the local unit of government is allowing the six (6) month grace period after construction
commencement to apply, which is allowed under the law;
WHEREAS, the Neighborhood Enterprise Zone Certificate has been approved for twelve (12) years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise Zone
Certificate for the new construction of a home by Nancy Birge/William Shoemaker be approved.
Adopted this 12th day of March, 2024.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 72 of 220
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on
March 12, 2024.
By: ________________________
Ann Meisch
City Clerk
Page 73 of 220
Page 74 of 220
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 12, 2024 Title: Purchase of 346 Mclaughlin
Submitted by: Sharonda Carson, CNS Director Department: Community & Neighborhood
Services
Brief Summary:
To approve CNS Director- Sharonda Carson to purchase 346 McLaughlin Ave. Muskegon MI
49442.
Detailed Summary & Background:
CNS would like to purchase 346 McLaughlin ave, a single family home, for rehabilitation utilizing
HOME funding. The property falls under housing preservation and will be owned by the city to
support affordable housing efforts and promote homeownership for low-income families. We are
estimating a rehab cost of about $50,000 before the home can be listed for resale.
Page 75 of 220
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse housing types
Progress toward completion of ongoing economic development projects
Goal/Action Item:
Amount Requested: Budgeted Item:
$80,000 Yes x No N/A
Fund(s) or Account(s): Budget Amendment Needed:
HOME 2023 Yes No x N/A
Recommended Motion:
To approve CNS Director- Sharonda Carson to purchase and renovate 346 McLaughlin Ave.
Muskeogn Mi 49442
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information
Technology
Other Division Heads
Page 76 of 220
Communication
Legal Review
Page 77 of 220
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 12, 2024 Title: 811 Integration into DPW Work Order
Software
Submitted by: Dan VanderHeide, Public Works Department: Public Works
Director
Brief Summary:
Staff requests authorization to enter into a two-year contract in the amount of $6,990.50 with
OpenGov, Inc., maker of DPW's new Cartegraph asset management and work order software, to
integrate the state's 811 (MISSDIG) system into the Cartegraph software.
Detailed Summary & Background:
In November of 2023, the Commission approved the first two departments at DPW to begin
transitioning to Cartegraph, an asset management and work order tracking software system
designed for public works. City staff and cartegraph have been working to implement the software,
and the project remains on track for a "go-live" of Summer 2024.
During parts of the implementation process, it became clear that Cartegraph can also manage the
City's 811 MISSDIG calls. 811/MISSDIG is the system which allows someone who plans to dig
underground to request markings and flags be placed to help them located existing utilities. The City
currently uses a web-based solution from Irth Solutions. Tracking the 811 requests in Cartegraph will
reduce the number of software programs the field staff will need to use and learn, will allow long-
term tracking of requests and associated costs in the same system as other work tasks, and will
reduce the City's costs by about $6,000 per year.
The two-year contract with OpenGov includes integration services (joining the City's Cartegraph and
811 accounts together) as well as the first two years of hosting services. Ongoing costs are
significantly reduced from our current Irth Solutions costs, and are expected in the $500 per year
range. This is an addendum to the Master Services Agreement already reviewed and approved by
the attorney.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Sustainability in financial practices and infrastructure
Goal/Action Item:
Amount Requested: Budgeted Item:
$6,990.50 Yes No X N/A
Fund(s) or Account(s): Budget Amendment Needed:
590 (Sewer), 591 (Water), 202 (Highway), 203 Yes No X N/A
(Local Streets)
Page 78 of 220
Recommended Motion:
Authorize staff to enter into a two-year contract in the amount of $6,990.50 with OpenGov, Inc.,
maker of DPW's new Cartegraph asset management and work order software, to integrate the
state's 811 (MISSDIG) system into the Cartegraph software.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information X
Technology
Other Division Heads
Communication
Legal Review X
Page 79 of 220
DocuSign Envelope ID: E7574035-BC77-42A1-8FB0-E632B893A9BB OpenGov Inc.
660 3rd Street, Suite 100
San Francisco, CA 94107
United States
Order Form Number: Q014271 Prepared By: Elliott Pipkin
Created On: February 23, 2024 Email: [email protected]
Quote Expiration Date: March 12, 2024 Contract Term: 20 Months
Subscription Start Date: March 12, 2024
Subscription End Date: November 26, 2025
Customer Information
Customer: City of Muskegon, MI Contact Name: Dan VanderHeide
Bill To/Ship To: PO Box 536 207 Email: [email protected]
Muskegon, MI US Phone: 231-724-6993
Order Details
Billing Frequency: Annual Payment Terms: Net 30
SOFTWARE SERVICES:
Product / Service Interval Start Date Interval End Date Interval Fee
811 Integration March 12, 2024 November 26, 2024 $348.50
811 Integration November 27, 2024 November 26, 2025 $492.00
Total Amount $840.50
PROFESSIONAL SERVICES:
Product / Service Start Date Total Amount
Professional Services Deployment - Prepaid March 12, 2024 $6,150.00
Services Total Amount $6,150.00
Order Form Legal Terms
Welcome to OpenGov!
This Order Form incorporates the OpenGov Master Services Agreement ("MSA") attached here or available at https://opengov.com/terms-of-
service/master-services-agreement/ . The "Agreement" between OpenGov and the entity identified above ("Customer") consists of the Order Form,
MSA, and, if Professional Services are purchased, the Statement of Work. Unless otherwise specified above, fees for the Software Services and
Professional Services shall be due and payable, in advance, 30 days from receipt of the invoice. By signing this Agreement, Customer acknowledges
that it has reviewed, and agrees to be legally bound by the Agreement. Each party’s acceptance of this Agreement is conditional upon the other’s
acceptance of the Agreement to the exclusion of all other terms.
City of Muskegon, MI OpenGov, Inc.
Signature: \s1\ Signature: \s2\
Name: \n1\ Sam Kramer
Name: \n2\
Title: \t1\ Title: \t2\ VP, Finance
Date: \d1\ Date: \d2\2/23/2024
https://opengov.com | 1 Page 80 of 220
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 12, 2024 Title: Parks Portable Pit Toilet Contract
Submitted by: Kyle Karczewski, Parks and Department: DPW- Parks
Recreation Director
Brief Summary:
Staff requests approval to enter into a 3-year contract with Kerkstra Portable Restroom Service, Inc for
as-needed portable restroom services.
Detailed Summary & Background:
The Parks & Recreation Department utilizes several portable toilets annually throughout our robust
park system that has 34 parks and 12 restroom facilities. We supplement the shortfall in restrooms with
a contract that we renew every 3 years for portable restroom services. These services are also used
at various City-run events. The City released an RFP for portable toilets on December 11th 2023 with
bid opening in early February. Kerkstra Portable Restroom Service, Inc. was the most competitively
priced proposal based on anticipated usage. Their price proposal is included for review. These costs
are included in this year's budget, and will also be budgeted properly in future fiscal years.
The two proposals, Kerkstra & United Rentals do not have the same fee format. United Rentals has
different prices for different locations as well as a different pricing model for multiple cleanings. A few
examples are listed below:
Pere Marquette - 2 Standard / 1 ADA Cleaned x2 per week
Kerkstra: $320 / $270
United Rental: $600 / $380
Sheldon Park - 1 Standard / 1 ADA Clean 1x per week
Kerkstra: $130 / $240
United Rental: $150 / $190
Kerkstra has shown to be dependable and has a track record of immediate service for tipped /
vandalized toilets, emergency cleaning calls and relocations.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Enhanced Parks and Recreation Department and Services
Events and activities
Goal/Action Item:
Amount Requested: Budgeted Item:
$40,000 (FY24-25) Yes x No N/A
Page 81 of 220
Fund(s) or Account(s): Budget Amendment Needed:
101-770-801 Yes No x N/A
Recommended Motion:
Authorize staff to enter into a three-year contract with Kerkstra Portable Restroom Service, Inc for as-
needed portable restroom services.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information
Technology
Other Division Heads x
Communication
Legal Review
Page 82 of 220
Page 83 of 220
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 12, 2024 Title: Muskegon Greenway Study Partnership
Submitted by: Kyle Karczewski, Parks and Department: DPW- Parks
Recreation Director
Brief Summary:
Staff requests approval to contribute $50,000 in matching funds to WMSRDC (the West Michigan
Shoreline Regional Development Commission) & MCBC (Muskegon County Bicycling Coalition) for a
greenway study that will focus on recreation in the urban core of the Muskegon area.
Detailed Summary & Background:
MCBC & WMSRDC have requested $50,000 in matching funding for a study that would develop a
Muskegon greenway concept. The goal would be to create a healthier Muskegon through a safer,
more pedestrian-friendly community. WMSRDC & MCBC have devoted funding for this partnership.
We are one of multiple municipalities they have contacted in the hopes of creating a regional
concept. A greenway concept would be pivotal for grant acquisitions and likely lead to further
funding as this plan would have a direct impact on improved health & well-being for our community.
The proposed scope for this plan would include reviewing the Muskegon Lake Greenway and its
tributary corridors (including the Ryerson Creek corridor as recommended in the City Master Plan).
This aspect of the plan would consider how the existing public spaces along the Muskegon Lakeshore
Trail can be better integrated to feel like a seamless experience for the user, to determine whether
brownfield properties along the route could be enhanced or transformed into parkland, review
amenities needs for a functional Greenway, integrate the Greenway into the community and ensure
equitable access, and review any property needs to enhance the Greenway. Several other corridors
within the City would be reviewed as well, likely including the “Ambrosia” corridor that has right of
way owned by the State of Michigan, the “Keating” corridor which was the subject of a recent
Livability Lab project, and a connector corridor from Beach Street and Kruse Park through Dune
Harbor Park to Norton Shores.
The planning process will include extensive public engagement and will produce high-quality
renderings of proposed greenway corridors that will illustrate what these facilities would be like for the
public, staff, and policy-makers. This would take the trail routes identified in the City Master Plan to
another level of planning and design and ensure that they function within a great network of trails
outside City limits.
This process would be complementary to parks plans underway or under consideration such as
Richards Park, McGraft Park, Kruse Park, and Hartshorn Park. It would also build off the Muskegon
Lakeshore Chamber’s plan for the waterfront area in downtown Muskegon.
The City budgeted funds in this current fiscal year for Parks & Recreation master planning efforts and
this study fits into that criteria. The goal would be to kick-off the study in late Spring or early Summer.
Goal/Focus Area/Action Item Addressed:
Page 84 of 220
Key Focus Areas:
Improved access to the waterfront
Improved connections between downtown and the beaches
Blight cleanup
Enhanced Parks and Recreation Department and Services
Public transportation options (tram, scooters, trolley, biking network)
Goal/Action Item:
Amount Requested: Budgeted Item:
$50,000 Yes x No N/A
Fund(s) or Account(s): Budget Amendment Needed:
445-901-971 Yes No x N/A
Recommended Motion:
Authorize staff to provide $50,000 in matching funds to WMSRDC and MCBC to enter into a
Greenway Study with other partner agencies.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 85 of 220
Muskegon
Greenways
Concept
Page 86 of 220
Muskegon County Bicycling Coalition
Mission Statement
To create an inclusive, diverse and accepting community
where people of all ages and backgrounds bicycle for
transportation, errands, and for fun and health, and
where bicycling brings people and neighborhoods
together throughout Muskegon County
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How do we get there?
Page 88 of 220
• Give all people the freedom to move around (Mobility for All - americawalks.org)
• Choices
• Walk/Wheel Around
• Bike
• Transit
• Drive
• People-centered design (“15-minute city”)
Page 89 of 220
• Nationally, millions don’t have access to car (thousands in Muskegon County)
• Children
• Seniors
• Disabled
• People who can’t afford a car
• People who choose not to drive
Page 90 of 220
Urban core of
Muskegon County
needs more options
• Households with no car
• National average: 4.22%
• Muskegon: 4.09%
• Muskegon Heights: 10.4%
• Roosevelt Park: 1.54%
• Norton Shores: 1.92%
• North Muskegon: 0.56%
• Muskegon County: 2.46%
Page 91 of 220
Urban core of
Muskegon County
needs more options
• Households with no car
• National average: 4.22%
• Muskegon: 4.09%
• Muskegon Heights: 10.4%
• Roosevelt Park: 1.54%
• Norton Shores: 1.92%
• North Muskegon: 0.56%
• Muskegon County: 2.46%
Page 92 of 220
Barriers • Many barriers to a more “people-centered” community
• Lack of housing
• Lack of density
• Lack of mixed-uses
• Lack of public spaces
• Lack of basic needs within close distance (“15-minute city”)
• Jobs, groceries, schools, parks, etc.
• Lack of transit options
• Street design that doesn’t prioritize other modes of travel
Page 93 of 220
Benefits
• Benefits of “people-centered” community
• Better health and quality of life
• Safer streets for bikers, pedestrians, and drivers
• Less pollution
• Less noise
• A more equitable and inclusive city
• A boost to the local economy
• A more environmentally sustainable city
Page 94 of 220
How we get there?
• Multi-faceted approach
• Housing policy
• More affordable housing
• Policies to avoid gentrification
• Transit policy
• More transit investment
• Land-use policy
• Mixed use
• Investment in public spaces
• Street Design
• Imagine new priorities
• Pedestrians over bikes
• Bikes over transit
• Transit over cars
• Connected network for bikers and walkers
• Educate and build trust
• Community Input
Page 95 of 220
How we get there?
• Multi-faceted approach
• Housing policy
• More affordable housing
• Policies to avoid gentrification
• Transit policy
• More transit investment
• Land-use policy
• Mixed use
• Investment in public spaces
• Street Design
• Imagine new priorities
• Pedestrians over bikes
• Bikes over transit
• Transit over cars
• Connected network for bikers and walkers
• Educate and build trust
• Community Input
Page 96 of 220
Urban Greenways
Urban Greenway: Protected, connected, community-
wide mobility network (including off-street linear parks
and on-street protected lanes) that links neighborhoods
with key destinations
“The revolutionary idea behind America’s urban trails”
National Geographic – July 30, 2021
https://www.nationalgeographic.com/travel/article/heres-the-
revolutionary-idea-behind-americas-urban-trails
Page 97 of 220
Many models nationally
• Altanta Beltline
• Ann Arbor – Moving Together Plan
• Austin – All Ages and Abilities
Network
• Detroit – Joe Louis Greenway
Page 98 of 220
Many models
nationally
• Altanta Beltline
• Ann Arbor – Moving Together Plan
• Austin – All Ages and Abilities
Network
• Detroit – Joe Louis Greenway
Page 99 of 220
How did the Joe
Louis Greenway plan
work?
• Robust public engagement to build trust
• A connected network around the
community
Page 100 of 220
How did the Joe Louis
Greenway plan work?
• Retrofitting overbuilt or
underutilized infrastructure to
make it people-centered
Page 101 of 220
How did the Joe Louis
Greenway plan work?
• Vision and goals that address
not just mobility, but also
equity, growth, community
beautification, and
community pride
Page 102 of 220
How did the Joe
Louis Greenway
plan work?
• Renderings to help decision-
makers, stakeholders, and
community understand how the
plan will be implemented
• High quality
• Specific to each context
Page 103 of 220
“AAA” Design
All Ages and Abilities
Page 104 of 220
• DeQuindre Cut has been a popular amenity and
community focal point
• Has attracted over $100 million in public/private
Did the plan work? investment
• Sections under development now
Page 105 of 220
Can we do this
here?
• Opportunities to retrofit existing
infrastructure
• Roosevelt Park building trail along
rail corridor
• Terrace Street road diet
• Opportunities to work together
• Community interested in thinking
different
• Foundation of regional pathways
that have already been built
• Not everyone can access
• Incredible amenities
• New thinking on transit
Page 106 of 220
Elements of Muskegon
Greenways Concept
• Educate residents about benefits of people-
centered urban design
• Create a vision and a plan
• Engage public to help develop vision
• Identify a connected network of biking/walking
facilities
• All ages and abilities
• Help people visualize what’s possible
• Renderings that show how our current
infrastructure could be transformed improved
• Recommend models for building/managing
these facilities
Page 107 of 220
What’s next?
• West Michigan Regional
Shoreline Development
Commission is willing to
facilitate process
• Secure funding
• Work with foundations
in Grand Rapids
• They have already been
informed about
concept
• Formal stakeholder support
• Kick off planning process in
late 2023
• RFP
• Start planning
23
Page 108 of 220
Page 109 of 220
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 12, 2024 Title: Amendment to the Zoning Ordinance -
Door Transparency
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff initiated request to amend Article XX, Sections 2006.12, 2006.14, 2006.15, 2006.16, and 2006.17 of
the zoning ordinance to eliminate the entry door transparency requirements for certain building
types.
Detailed Summary & Background:
The Planning Commission unanimously recommended approval of the request at their February
meeting.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move to amend Article XX, Sections 2006.12, 2006.14, 2006.15, 2006.16, and 2006.17 of the zoning
ordinance to eliminate the entry door transparency requirements for certain building types as
presented.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads X
Communication
Legal Review
Page 110 of 220
Page 111 of 220
Hearing, Case 2023-02: Staff initiated request to amend Article XX, Sections 2006.12, 2006.14,
2006.15, 2006.16, and 2006.17 of the zoning ordinance to eliminate the entry door transparency
requirements for certain building types.
SUMMARY
1. The form-based code requires a minimum amount of transparency for windows. The code
has helped develop quality buildings that interact with the public realm. This has been
particularly helpful in commercial districts, where pedestrians have the ability to connect
with commercial spaces from the sidewalk.
2. A new development must provide a minimum number of windows on a front building
façade and doors must also have a minimum amount of transparency. This requirement
has worked great for commercial buildings but has started to cause issues with new
residential development.
3. The code requires that 25% of front doors must be transparent. This requirement doesn’t
work as well with residential developments. Often times a window on a door will give
access into a living room or kitchen, reducing privacy for the occupant. Blinds and other
window treatments are often hard to find for door windows. This has led to some
property owners hanging sheets in windows.
4. Staff is requesting to keep the transparency requirement for commercial buildings, but
eliminate them for residential buildings. This amendment would eliminate the 25% door
transparency requirement for the following building types in the form-based code:
live/work, small multiplex, rowhouse, duplex, and detached.
Form-Based Code Excerpt: Duplex Building Types
Page 112 of 220
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Article XX of the zoning ordinance to eliminate the entry door transparency
requirements for certain building types
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Article XX of the zoning ordinance is amended as proposed to eliminate the entry door transparency
requirements
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
Page 113 of 220
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 12th day of March 2024, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.
DATED: ___________________, 2024. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Page 114 of 220
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on March 12, 2024, the City Commission of the City of Muskegon adopted an
ordinance to amend the form based code section of the ordinance regarding signage.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk
in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2024. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 115 of 220
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 12, 2024 Title: Pere Marquette Concession Application -
Lazy Dazy Coffee
Submitted by: Kyle Karczewski, Parks and Department: DPW- Parks
Recreation Director
Brief Summary:
The Parks Department has received an application from Lazy Dazy Coffee, LLC to provide
concession services at Pere Maruette Park. The fee for this service would be $1,000 + 5% of gross
receipts.
Detailed Summary & Background:
The Parks Department has received an application from Lazy Dazy Coffee, LLC to provide
concession services in our parks system. The requested location is Pere Marquette Park. The benefit
for the City of Muskegon would be additional revenue as the concession policy states that vendors
at this location would pay $1,000 + 5% of gross receipts. This would be an annual contract, which is
different from the brick & mortar 5-year contract, as Lazy Dazy operates as a mobile food truck. This
particular vendor does provide a service that does not compete with current vendors at this park
(Beach Cove & The Deck) which makes it an appealing applicant to our park experience.
Hours, specific location and frequency of operations has yet to be determined as this application is
pending approval.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Enhanced Parks and Recreation Department and Services
Events and activities
Goal/Action Item:
Amount Requested: Budgeted Item:
n/a Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
n/a Yes No N/A x
Recommended Motion:
Authorize staff to enter into an agreement with Lazy Dazy Coffee for concession services at Pere
Marquette Park.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Page 116 of 220
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 117 of 220
Page 118 of 220
PARK CONCESSION POLICY EFFECTIVE: July 26th,
2022
PURPOSE
To formalize the process and procedures related to concession operations within the City of Muskegon
Park System.
GOALS
The City of Muskegon maintains this policy with the goals of:
• Providing a variety of services to park visitors that could not be provided by other means •
Meet the needs and wants of park users
Page 119 of 220
• Activate and engage our park spaces
• Offer opportunities for small business to start and grow
COVERED AREAS & APPLICABILITY
This policy applies to any concession proposing to operate in the traditionally recognized city park
system, with the following exceptions:
• Hackley Park is excluded from this agreement and no concessions outside of approved special
events are permitted to operate within Hackley Park.
• This policy does not apply to Western Market, Muskegon Farmers Market, Trinity Health Arena, or
any other areas which may contain similar operations but are not a part of the traditionally
recognized city park system.
• This policy also does not apply to “The Deck” restaurant which operates within Pere Marquette Park,
to “Fisherman’s Landing” campground and boat launch, nor to the “Clippers” baseball facility that
operates within Marsh Field, as all are under specific lease agreements and terms.
• Concessions operating as a part of an approved special event or an approved sports league are
exempt from this policy.
This policy does apply to the few brick and mortar concession spaces located within the City Parks;
currently the list of brick and mortar spaces is as follows, with future changes possible:
• The designated concession space within the Pere Marquette Park Bathhouse •
The Pere Marquette Park secondary building located south of the bathhouse •
The Pere Marquette Park Chalet at the north end of the park
2
APPLICATION & AGREEMENT PROCESS
Applications will be accepted year-round on the attached form.
Page 120 of 220
There is no fee associated with applying to be a concessionaire within the City Parks. If the application is
approved, fees will be charged for the right to operate within the city park system as outlined below.
Staff will review applications in accordance with this policy. Applications approved by staff will be
presented to the Commission for consideration before adoption of the agreement.
Once an application is approved by the City Commission, city and the concessionaire will enter into a
formal agreement. General agreement terms attached to each agreement will be specifically crafted to
match the agreed upon activities, fees, and services as allowable in this policy.
Agreements shall be renewed annually, except that agreements within a designated brick and mortar
space may be proposed for an extended duration, with the maximum length not to exceed 5 years.
Returning operations for brick and mortar facilities in good standing shall be offered first right of refusal
to renew their agreement for up to one renewal term of the same duration as the original term. When
brick and mortar spaces become available or at the end of a renewal term the brick and mortar spaces
will be offered as available through a request for proposal process.
FEES & WAIVERS
Concessionaire shall be obligated to pay the fees outlined in the agreement.
The standard fee to operate a concession shall be set at $1,000/Year + 5% of gross receipts for any
operation conducted within Kruse Park, Pere Marquette Park, Margaret Drake Elliot Park or Harbor Towne
Beach, and $250/Year + 5% of gross receipts for any concession operating in any other park.
Concession agreements proposed for a brick and mortar location as described above shall be set at
$1,000/Year + 10% of gross receipts or $2,500/Year, whichever is expected to be more.
Revenue generated from concession operations shall be deposited in the City General Fund for support
of park and recreation operations in the City.
Fees for concessions may be waived by staff upon receipt of a “Concession Fee Waiver Application” at the
same time as a concession application. Fee waivers will be evaluated according to the point system
described on that form.
3
Return completed application to the following:
City of Muskegon Public Works Department
1350 East Keating Avenue
Muskegon, MI 49442
Page 121 of 220
► I. CONCESSIONAIRE
BUSINESS / Lazy Dazy Coffee, LLC
NON-PROFIT
CONTACT Ashley Kanasty
ADDRESS 9971 Shaner Ave Ne, Rockford Michigan 49341
PHONE 586-744-0062
EMAIL [email protected]
► II. OPERATIONAL DESCRIPTION
ACTIVITIES Selling specialty coffee. Lattes, Mochas, Cold Brew, Etc.
CONDUCTED
(ATTACH
PICTURES
IF
NEEDED)
EQUIPMEN Coffee Camper and a generator ( Honda7000eu). Very quiet generator. Can also use
T USED 220 power if available.
(ATTACH
PICTURES
IF
NEEDED)
REQUESTE
D
LOCATION( Pere Marquette Park
S)
4
► IV. LIABILITY WAIVER
Page 122 of 220
APPLICANT(S) voluntarily agree, understand and recognize that participants will have no right to make a claim
or file a lawsuit against the City.
► V. REQUIREMENTS OF CONCESSIONAIRES
1. Applicant shall comply with all City of Muskegon Policies.
2. Applicant shall comply with all City of Muskegon Ordinances.
3. Applicant shall save the City of Muskegon harmless from all claims.
4. The appointed fees must be paid in full to the City prior to commencement of operations.
5. All required licenses and an insurance certificate listing the City as an additional insured party must
be submitted before the agreement is signed and before commencing operations.
6. Applications denied by staff may be appealed to the City Commission for consideration.
With my signature, I certify that I have read and agree to the City of Muskegon Park Concession Policy
and all items listed on this application.
I agree to abide by all applicable ordinances & regulations.
Ashley Kanasty 2/23/24 _____________________
Signature of Applicant Date
CITY STAFF USE ONLY: APPROVED / DENIED
NAME/TITLE:________________________________________________________
_ DATE:_____________ FEE:_________________
NOTES:_____________________________________________________________
_
5
Page 123 of 220
Page 124 of 220
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 12, 2024 Title: Fireworks Display Permit for Boys and Girls
Club
Submitted by: Kimberly Young, Deputy City Clerk Department: City Clerk
Brief Summary:
Night Magic Displays is requesting approval of a fireworks display permit for Saturday, May 18, 2024 at
Heritage Landing. The fire marshall will inspect the fireworks on the day of the event.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A x
Recommended Motion:
Approve the fireworks display permit for Night Magic Displays, contingent upon inspection of the
fireworks and approval of the insurance.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 125 of 220
Page 126 of 220
Page 127 of 220
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 2/21/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
Acrisure, LLC dba Britton Gallagher & Associates PHONE FAX
One Cleveland Center, Floor 30 (A/C, No, Ext): 216-658-7100 (A/C, No): 216-658-7101
E-MAIL
1375 East 9th Street ADDRESS: [email protected]
Cleveland OH 44114 INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : Everest Indemnity Insurance Co. 10851
2321
INSURED INSURER B : Everest Denali Insurance Company 16044
Miand Inc. dba Night Magic Displays
3999 E. Hupp Rd, Building R-3-1 INSURER C : Liberty Mutual Insurance Co
La Porte IN 46350 INSURER D : Liberty Mutual Insurance Co 25035
INSURER E : Axis Surplus Ins Company 26620
INSURER F :
COVERAGES CERTIFICATE NUMBER: 17925093 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
A GENERAL LIABILITY Y Y SI8GL01460-241 2/4/2024 2/4/2025 EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ 500,000
CLAIMS-MADE X OCCUR MED EXP (Any one person) $
PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000
POLICY X JECT
PRO- $
LOC
B AUTOMOBILE LIABILITY SI8CA00186-241 2/4/2024 2/4/2025 COMBINED SINGLE LIMIT
(Ea accident) $ 1,000,000
X ANY AUTO BODILY INJURY (Per person) $
ALL OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS AUTOS
X X NON-OWNED PROPERTY DAMAGE $
HIRED AUTOS AUTOS (Per accident)
$
E UMBRELLA LIAB X OCCUR Y Y P-001-000243093-05 2/4/2024 2/4/2025 EACH OCCURRENCE $ 4,000,000
X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 4,000,000
DED RETENTION $ $
C WORKERS COMPENSATION WC539S-714654-013 2/4/2024 2/4/2025 WC STATU- OTH-
D AND EMPLOYERS' LIABILITY WC5-34S-524913-032 2/4/2024 2/4/2025 TORY LIMITS ER
Y/N
D ANY PROPRIETOR/PARTNER/EXECUTIVE WC5-34S-311836-052 2/4/2024 2/4/2025 E.L. EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000
A Excess Liability #2 Y Y SI8EX01319-241 2/4/2024 2/4/2025 Each Occ/ Aggregate $5,000,000
Total Limits $10,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Additional Insured extension of coverage is provided by above referenced General Liability policy where required by written agreement.
City of Muskegon, all elected and appointed officials, all employees and volunteers, all boards, commissions and or authorities, and their board members, all
employees and volunteers, Boys & Girls Club of the Muskegon Lakeshore, Neal Fitness Center, i'move Physical Therapy, and the County of Muskegon, are
named as additional insured with respect to the May 18, 2024 firework display in Muskegon MI.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
CITY OF MUSKEGON
933 TERRACE STREET AUTHORIZED REPRESENTATIVE
MUSKEGON MI 49440
© 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
Page 128 of 220
Page 129 of 220
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 12, 2024 Title: Amendment to the Zoning Ordinance -
Chicken Coops
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff initiated request to amend Section 2311 (accessory structures) of the zoning ordinance to set
the regulations regarding chicken coops.
Detailed Summary & Background:
The Planning Commission unanimously recommended approval of the amendment at their February
meeting.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move to approve the request to amend Section 2311 (accessory structures) of the zoning ordinance
to set the regulations regarding chicken coops as proposed.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads X
Communication
Legal Review
Page 130 of 220
Planning Commission Packet Excerpt
Hearing, Case 2023-34: Staff initiated request to amend Section 401 of the zoning ordinance to allow multi-
family residential units in previously existing commercial buildings not already converted to residential, as a
special use permitted.
SUMMARY
SUMMARY
1. The City Commission recently passed an ordinance (see enclosed) that allows residents in certain
residential districts to keep up to six female chickens.
2. The zoning ordinance must be amended to set the regulations on chicken coops. See below.
3. Please see the enclosed zoning ordinance excerpt for “Accessory Structures.”
Proposed addition to Section 2311: Accessory Structures & Buildings
11. Chicken Coop: A fenced or covered enclosure, detached from the principal structure, used for housing
chickens. It is considered an accessory structure and may not be located on a property without a principal
structure or in a zoning district that does not allow for the keeping of chickens. It must be located in the rear
yard and it may not be taller than 10 feet and may not cover more than 50% of the rear yard. They must be
located at least five feet off of the side and rear property lines. They must be located at least six feet from the
principal structure and at least 25 feet from any neighboring house. They do not count towards the amount of
accessory structures allowed on a property.
Traditional Chicken Coop
Page 131 of 220
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 2311 of the zoning ordinance to set the regulations regarding chicken coops.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2311 of the zoning ordinance is amended as proposed to set the regulations regarding chicken coops.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
Page 132 of 220
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 12th day of March 2024, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.
DATED: ___________________, 2023. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Page 133 of 220
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on March 12, 2024, the City Commission of the City of Muskegon adopted an
ordinance to amend the form based code section of the ordinance regarding signage.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk
in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2024. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 134 of 220
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 12, 2024 Title: Request to amend the Planned Unit
Development at 1148 & 1204 W Western Ave
(Adelaide Point).
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Request for the 4th amendment to the PUD at Adelaide Point.
Detailed Summary & Background:
The Planning Commission unanimously recommended approval of the request at their February
meeting with the following conditions:
1. More details, including a landscaping plan, shall be included for the proposed median on
Adelaide Blvd.
2. The parking configuration does not change from previously presented 3rd amendment for the
AP PUD plan.
3. An application for an elevated bike path be submitted to EGLE.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
To approve the request to amend the Planned Unit Development at 1148 & 1204 W Western Ave with
the following conditions:
1. More details, including a landscaping plan, shall be included for the proposed median on
Adelaide Blvd and approved by staff.
2. The parking configuration does not change from previously presented 3rd amendment for the AP
PUD plan. A revised site plan showing no changes in the parking configuration shall be approved by
staff.
Page 135 of 220
3. An application for an elevated bike path be submitted to EGLE.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head Yes
Information
Technology
Other Division Heads X
Communication
Legal Review
Page 136 of 220
Planning Commission Staff Report Excerpt
February 15, 2024
Hearing, Case 2024-01: Request to amend the Planned Unit Development at 1148 & 1204 W Western
Ave (Adelaide Point), by Adelaide Point QOZB, LLC.
SUMMARY
1. This is the 4th amendment to the Adelaide Point PUD. Please see the enclosed timeline that
describes the amendments in detail.
2. The requested amendments include the following:
a. The primary function of the east boat basin will change from boat staging to fishing. The
shopper docks will be moved to the east side of the existing boat launch, next to the forklift
drop. Transient docks will be moved to the east side of the central peninsula. The fuel dock
has been moved to the central basin.
b. A planting median has been introduced on Adelaide Blvd to denote the entrance into the
development.
c. The former railroad path has been converted to a multi-use path along the southern edge of
the campus.
d. A connection has been made from the bike path on the west side of development to the
sharrow lanes on Adelaide Circle.
3. Please see the enclosed “Shopper Dock Relocation” and “AP Fishing + ADA Access Plan”
documents.
4. Notice was sent to everyone within 300 feet of the property. At the time of this writing, staff did
not receive and comments.
Page 137 of 220
SHEET NOTES:
FISHING ACCESS DIAGRAM
C COMMERCIAL BUILDINGS
LEGEND
C1 ADELAIDE POINTE OFFICES
EXISTING HARTSHORN
FISHING ACCESS : 555 LF C2 LIGHT INDUSTRY
C3 WAREHOUSING / BOAT STORAGE ADELAIDE POINTE
1204 WEST WESTERN AVENUE
21
188
189
C4 WAREHOUSING / BOAT STORAGE MUSKEGON, MI 49441
24
187
NEWLY OPENED HARTSHORN
190
186
23
25
185
191
184
A3 P: (855) MKG-LAKE
183
22
192
2
18
181
26
19
3
FISHING ACCESS: 1760 LF C5 RETAIL /BOAT SERVICE / BOAT STORAGE
180
179
https://www.adelaidepointe.com
194
20
178
27
177
195
176
175
WAREHOUSING / BOAT STORAGE
196
C6
19
174
28
173
197
172
171
198
18
ADELAIDE POINTE FISHING
170
29
C8 WAREHOUSING / BOAT STORAGE
169
199
168
167
ACCESS: 2350 LF
200
17
166
30
165
201
164
A1 C9 WAREHOUSING / BOAT STORAGE
163
202
16
162
31
M2
161
203
160
159
204
15
158
32
157
205
ADA FISHING ACCESS
156
R RESIDENTIAL BUILDINGS
155
206
14
154
33
518 BROAD STREET
153
207
(HARTSHORN AND AP): 890 LF
152
151
SAINT JOSEPH, MI 49085
208
13
R1
150
CONDOMINIUM BUILDING
34
149
209
148
P: (269) 932.4502
147
210
12
146
35
www.edgewaterresources.com
145
R4
211
CONDOMINIUM / COMMERCIAL
144
143
212
11
142
36
BOAT LAUNCHING/SHOPPER
141
213
140
M4 R6
139
APARTMENT BUILDING
214
10
138
37
DOCK/TRAILER STAGING/
137
215
136
135
216
9
ADA FISHING* :370 LF
134
R7
38
HOTEL
133
217
132
131
218
8130
39
M3
129
219
M1
128
127
220
*USES IN ORDER OF PRIORITY
7 126
40
125
B MIXED USE BUILDING / AMENITIES
221
B4 1609 PINERIDGE DR
124
123
222
B2
6 122
41
GRAND HAVEN, MI 49417
121
A1
223
120
B1 SALES / RETAIL / RESTAURANT
119
224
P: (616) 843-1002
5
B3
118
M9
42
117
225
116
www.architekturaplc.com/
115
226
B2
4
43
114
BOATER SERVICES BUILDING
113
227
112
1
11
23
2
0
11
46
3
109
B1
23
3
A1
108
A4
7
B3 RESTROOMS FACILITY
10
23
4
6
10
47
2
105
23
5
A1
104
3
10
48
23
6
2
10
1
23
101
7
49
B4 POOL
A2 A7
648 N. PLANKINTON AVE.
A1 A10 M MARINA / MARINA SERVICES
SUITE 240
R7 MILWAUKEE, WI 53203
R4 M1 WET SLIP MARINA
A9 A11
M3 AD P: (414) 273-8230
EL A1 M8 www.kaa-arch.com
AID M2 TRANSIENT SLIPS
LE M7
C M3
EC
FUEL DOCK
CI R A7
E A10
IRC
A7
AID
M6 PILE SUPPORTED STRUCTURE WITH STEEL
EL A12 M4
LE
A1
AD
SHEET PILE WAVE FENCE
A8
2 M5 FORKLIFT WELLS
R1 L-3.10 M5 M5
A12 M6 SHOPPER DOCKS
M10
AD
R6
A7
EL
M7 KAYAK LAUNCH
AID
A7
EC
M8 FISHING BASIN
IRC
A12
M9 FISH CLEANING STATION
LE
A7
M10 BOAT RAMP
B4
C8
A1 4 REVISION - 06/21/2023
A
ADELAIDE BLVD
C9 PUBLIC AMENITIES
5 REVISION - 07/06/2023
A1 BIKE & PEDESTRIAN TRAILS 6 REVISION - 01/23/2024
C4
ADELAIDE DR
A2 WEST POINT PARK 1"=100'-0" @ 24x36
C6
A3 LINEAR PARKS
C2 ADELAIDE AVE A4 EAST BASIN PARK
A7 BIKE RACKS
A8 EVENT LAWN
1 A9 ON STREET PARKING
C3 L-3.10
C6 A10 OFF STREET PARKING
A12 PARKING GARAGE ACCESS
C1
C5
A1
WEST WESTERN
P:\2021\21-004 AP\CAD\SHEETS\PUD\C-SHEETS\WORKING\240202 PUD FISHING ACCESS PLAN.DWG
Page 138 of 220
9/28/21 - Original PUD was approved with the following conditions 1) A revised site plan that addresses narrower streets and water main and
fire hydrant locations is approved by staff 2) The site plan receives a stormwater permit.
Page 139 of 220
7/12/22 – First amendment to the PUD included the addition of Adelaide Ave and turned Adelaide Circle into a one-way street with angled parking.
A condominium building was removed and the boat services building was separated from the restaurant/retail building. The warehousing/boat
storage buildings between Adelaide Ave and W Western Ave were slightly modified in size. The park and fishing pier on the east peninsula were
modified.
Page 140 of 220
2/8/23 – Second amendment included reducing the size of the marina, slightly rotating a condominium building to avoid the bike trail, removing
a condominium swimming pool, removal of the east basin boat launch, and the combination of two boat storage structure.
Page 141 of 220
7/11/23 – Third amendment to the PUD was approved by Planning Commission as minor changes. They included removal of a
condominium/retail building (55 residential units), changing the other condominium/retail building to a hotel (removal of 55 residential
units/addition of 125 hotel rooms), repositioning of a condominium building and slight modifications to Adelaide Circle.
Page 142 of 220
2/26/19 – Hartshorn Village PUD approved.
Page 143 of 220
4/12/22 – First amendment to the PUD. The amendment removed 17 single-family homes and added a 17-unit condominium building. The
proposed new street west of Fricano’s was moved slightly to the west.
Page 144 of 220
2023 – Second amendment to Hartshorn Village. The next phase (Phase 2) of the single-family development was reduced in size to 10 units (units
11-20). With the reduced scope of Phase 2, the existing access from W Western to the parking area along the lake will remain. Development plans
for the remaining property west of the access drive is yet to be determined. Once plans are finalized, the applicant will submit plans outlining the
details. The parking lot to the north of the bike path, adjacent to the lake, will also remain. Previous plans depicted this area as public green space.
A boat storage facility was added where the 17-unit condominium building was proposed. Alternate bike path around the building was added. It
was also noted that the Adelaide Point development will no longer be using the east basin to launch boats and will now be using the Hartshorn
launch ramp. The existing parking for Fricano’s Place will remain as it currently is and the new parking to the west will be eliminated.
Page 145 of 220
Thursday, January 11, 2024
Adelaide Pointe
1204 W. Western Avenue
Muskegon, MI 49441
Mr. Mike Franzak
Zoning Administrator
City of Muskegon
933 Terrace Street
Muskegon, MI 49441
Dear Mr. Franzak,
Please be aware that Adelaide Pointe does hereby intend to request modification to the
Adelaide Pointe PUD as previously approved. Adelaide Pointe believes that there is an
opportunity to improve shopping, mooring, ramp activities and fishing by relocating the
approved shopper dock within the East Basin to the forklift drop adjacent to the Hartshorn
Ramp. This modification will also enhance Adelaide Pointe’s boat launching capabilities as
enabled by the Cooperative Use Agreement.
The following is a summary of changes and benefits proposed:
Mooring
Figure 1
Docks 1, 2 and 3 as shown in
Figure 1 shall be used for the
operation of forklift
launching and retrieval
operations as previously
approved. Dock 4 shall be
used to stage customer
vessels and provide non-
customer members of the
public a shopper dock
location closer to downtown
than the previously approved
East Basin shopper dock. Per
the Cooperative Use
Agreement a charge may be
assessed to non-customer
members of the public to
cover staffing costs and
ensure proper upkeep and
maintenance of the dock.
Overnight mooring will not
Figure 2
be allowed and security on
all four gates will be put in
1204 W. Western Avenue Muskegon, MI 49441 – (231-726-2957)
Page 146 of 220
place to prevent injury and destruction of property. Terms and conditions of the relocated East Basin dock shall have
the same rights, conditions and obligations as previously approved.
Public Boat Ramp
Currently the Hartshorn has no protection from Easterly and North-Easterly wave conditions. Dock 4 shall act as a wave
attenuator and eliminate any sort of conditions that could cause injury or harm to citizens and their property while
launching and retrieving vessels. The additional protection provided will also reduce damage to the Hartshorn ramp and
property throughout the harbor.
Fishing Access
During the summer of 2023 Adelaide Pointe and Bear Lake Tavern funded a Purdue University study on the migratory
and spawning behaviors of Yellow Perch within the Muskegon Lake watershed. It was discovered that Muskegon Lake
has its own unique species of Yellow Perch that prefers shallower, warmer waters whereas Lake Michigan Yellow Perch
prefer deeper and colder waters. The East Basin has become one of the best fishing locations on Muskegon Lake for this
unique and previously undiscovered species of Yellow Perch. As Yellow Perch is also one of the most desired and tasty
species of fish this unique opportunity is of great benefit to the public. Relocating the previously approved East Basin
shopper dock preserves fishing access within the East Basin.
Should the City approve this relocation as illustrated a net new fishing resource will become available via Dock 4. A new
concrete pad will be poured to connect the parking lot to a ADA approved gangway and no forklift activity within close
proximity will take place to ensure safety. Reservation of dock usage rights per the Cooperative Use Agreement shall be
extended from the East Basin and be preserved. State of Michigan law regarding free navigation upon the surface of the
waters shall also be preserved.
Summary
The PUD change requested improves shopping, mooring, ramp activities and fishing to further strengthen the public
private partnership between the City of Muskegon and Adelaide Pointe. Adelaide Pointe humbly requests that these
changes be approved in an expedient manner so as to allow for State and Federal application submittals.
Please do not hesitate to contact us with any questions, considerations or ideas for improvement.
Sincerely,
Ryan M. Leestma
Founder and Owner
616-633-6020
[email protected]
1204 W. Western Avenue Muskegon, MI 49441 – (231-726-2957)
Page 147 of 220
Project :
6
SHEET NOTES:
C COMMERCIAL BUILDINGS
C1 ADELAIDE POINTE OFFICES
ADELAIDE POINTE
C2 LIGHT INDUSTRY 1204 WEST WESTERN AVENUE
MUSKEGON, MI 49441
21
189
24
188
187
190
186
23
25
185
191
184
183
P: (855) MKG-LAKE
192
22
A3 C3 WAREHOUSING / BOAT STORAGE
2
18
181
26
19
3
180
6
179
194
20
https://www.adelaidepointe.com
178
27
177
195
176
C4 WAREHOUSING / BOAT STORAGE
175
196
19
174
28
173
197
172
171
198
18
C5 RETAIL /BOAT SERVICE / BOAT STORAGE
170
29
169
199
168
167
200
17
166
30
Consultants:
165
201
C6 WAREHOUSING / BOAT STORAGE
164
163
A1
202
16
162
31
161
203
M2
160
WAREHOUSING / BOAT STORAGE
159
C8
204
15
158
32
157
205
156
155
206
14
154
33
C9 WAREHOUSING / BOAT STORAGE 518 BROAD STREET
153
207
152
151
208
13
SAINT JOSEPH, MI 49085
150
34
149
209
148
6
P: (269) 932.4502
147
210
12
146
35
R RESIDENTIAL BUILDINGS
145
211
www.edgewaterresources.com
144
143
212
11
142
36
141
213
R1
140
M4 CONDOMINIUM BUILDING
139
214
10
138
37
137
215
136
135
216
R4
9
CONDOMINIUM / COMMERCIAL
134
38
133
217
132
131
218
8
130
39
129
R6
219
M3 APARTMENT BUILDING
128
M1
127
220
7126
40
104B
125
221
124
R7 1609 PINERIDGE DR
102A
B4 HOTEL
123
105
222
6
101A
122
41
B2 GRAND HAVEN, MI 49417
121
223
A1
120
110
101B
109B
119
224
102
5
103
P: (616) 843-1002
118
42
109A
101
B3 M9
104
111
117
225
110
100
109
116
105
108
www.architekturaplc.com/
107
115
106
226
B MIXED USE BUILDING / AMENITIES
4
43
114
113
227
112
1
11
23
2
0
11
46
3
109
23
3
B1 B1
108
A1 A4 SALES / RETAIL / RESTAURANT
7
10
23
4
6
10
47
2
105
23
5
UP
104
A1
3
10
48
23
6
B2
2
10
1
BOATER SERVICES BUILDING
23
101
7
49
A2 A7
B3 RESTROOMS FACILITY
PU
648 N. PLANKINTON AVE.
A1 A10 SUITE 240
B4 POOL
R7 MILWAUKEE, WI 53203
R4
AD
A9 A11 P: (414) 273-8230
M3
EL
A1 M8 6 M MARINA / MARINA SERVICES www.kaa-arch.com
E AID M1 WET SLIP MARINA
CL EC M7
VESTIBULE
ROOM
SITE LOCATION:
COMMUNITY
A7
G01
G02
CIR
ENTRY
A10 IRC
FCC
G08
E
MAIL
SS
A7
G07
1
M2
FITNE
STAIR
G04
ST1
6
D TRANSIENT SLIPS
BULE
JANITOR
CORRIDOR
I 6 M6
G14
TOR 1 VESTI
G09
OOM
RESTROOM
G10
RESTR
G05
POOL EQUIP.
G06
10 FEC-1
A
ELEVA
RM.
G15
L
PARCE
G11
LE
L
RISER
OM
PU
RESTRO
A12
G16
STORA FIRE PUMP/
G12
E
GE
AD
G13
A1 M3 FUEL DOCK
A8
2
R1 M5 M5 PILE SUPPORTED STRUCTURE WITH STEEL
10 FE-1
L-3.10 M4
A12 SHEET PILE WAVE FENCE
AD
R6 M10
A7
EL
M5 FORKLIFT WELLS
AID
RICAL
G17
ELECT
A7 M6
TRASH
G18
ADA SHOPPER DOCKS
EC
ULE
2 VESTIB
G19
ELEVATOR
STAIR 2
IRC
ST2
A12 M7 KAYAK LAUNCH
LE
A7 REVISION Date: 12/06/2022
M8 FISHING BASIN
Project No: 21-004
B4
C8 M9 FISH CLEANING STATION 4 REVISION - 06/21/2023
ADELAIDE BLVD
A1 C9
5 REVISION - 07/06/2023
M10 BOAT RAMP NORTH
/
6 REVISION - 01/23/2024
C4
ADELAIDE DR
A PUBLIC AMENITIES Scale: 1"=100'-0" @ 24x36
C6 0 100' 200'
A1 BIKE & PEDESTRIAN TRAILS
C2 6 ADELAIDE AVE A2 WEST POINT PARK
Seal:
A3 LINEAR PARKS
A4 EAST BASIN PARK
A7 BIKE RACKS
1
C3 L-3.10 A8 EVENT LAWN Project Phase:
C6
PUD SUBMITTAL
A9 ON STREET PARKING
Sheet Title:
A10 OFF STREET PARKING
C1
C5 A12 PARKING GARAGE ACCESS SITE PLAN
A1 Sheet Number:
WEST WESTERN
C-1.00
P:\2021\21-004 AP\CAD\SHEETS\PUD\C-SHEETS\C-1.00 SITE PLAN.DWG Page 148 of 220
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 12, 2024 Title: Taste of Muskegon & Lakeshore Art Festival
Liquor License Application
Submitted by: Kyle Karczewski, Parks and Department: DPW- Parks
Recreation Director
Brief Summary:
The Parks & Recreation Department is seeking commission approval to apply for a special liquor
license for beer, wine and spirit service at Taste of Muskegon & Lakeshore Art Festival. The fee for this
temporary license in $50 per event.
Detailed Summary & Background:
Taste summary: The Parks & Recreation Department is seeking commission approval to apply for a
special liquor license for beer, wine, and spirit service for the Taste of Muskegon being held in Hackley
Park on Friday, June 7, 2024 and Saturday, June 8, 2024. The temporary license fee for this event is
$100.
LAF summary: The Parks & Recreation Department is seeking commission approval to apply for a
special liquor license for beer and wine service for the Lakeshore Art Festival Artists’ Reception being
held at the Greater Muskegon Woman’s Club on Saturday, June 29, 2024. The temporary license fee
for this event is $50.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Enhanced Parks and Recreation Department and Services
Events and activities
Goal/Action Item:
Amount Requested: Budgeted Item:
$150 Yes x No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Taste: 394-780-801 LAF: 394-778-801 Yes No x N/A
Recommended Motion:
Authorize Parks & Recreation staff to apply for a special liquor license for the Lakeshore Art Festival &
Taste of Muskegon.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Page 149 of 220
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 150 of 220
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 12, 2024 Title: Request for a DDA Liquor License at 500
Adelaide Circle
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
The City Commission approved the resolution at the February 12 meeting. However, the Michigan
State Liquor Control Commission has requested that the name of the company be listed the same
way it is on their application to the State, which is Muskegon Brewing Company Operations, LLC
(Previously listed as Muskegon Brewing Company).
Detailed Summary & Background:
Muskegon Brewing Company Operations, LLC is requesting a Downtown Development Authority On-
Premise Liquor License for the building at 500 Adelaide Circle. The Liquor Control Commission allows
for additional liquor licenses within Downtown Development Authority Districts under certain
conditions.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
To approve the resolution granting the Muskegon Brewing Company Operation, LLC a Downtown
Development Liquor License.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads X
Communication
Page 151 of 220
Legal Review
Page 152 of 220
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO. _________
A resolution concerning the issuance of a Downtown Development Authority District On-Premises
Liquor License pursuant to 436.1521a(1)(b) of the Michigan Compiled Laws.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
1. Muskegon Brewing Company Operations, LLC has applied for a Class C Downtown Development
Authority District On-Premises Liquor License for the premises at 500 Adelaide Circle, floors 2
& 3, Muskegon, MI 49440, which is located within an area established by the City Commission
as a redevelopment project area pursuant to 436.1521a(1)(b) of the Michigan Compiled Laws.
2. It is required that the City Commission approve a specific applicant, at a specific location “ABOVE
ALL OTHERS”.
3. This resolution was approved at the regular meeting of the City Commission on March 12, 2024.
City Commission Findings
The City Commission is satisfied that:
1. That the applicant has sufficiently demonstrated a commitment for a capital investment of not less
than $75,000 for the build-out and improvements of the building that will house the licensed
premises, which amounts shall be expended before the issuance of the license.
2. That the licensed business shall be engaged in dining, entertainment or recreation, that is open to
the general public, with a seating capacity of not less than 50 persons.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
The City Commission deems it to be in the best interest of the City of Muskegon to approve the
application of Muskegon Brewing Company Operations, LLC, for a Class C license under the
Downtown Development Authority District On-Premises Liquor License for the premises at 500
Adelaide Circle, Floors 2 &3, Muskegon, MI 49440, pursuant to 436.1521a(1)(b) of the Michigan
Compiled Laws, and recommends to the Michigan Liquor Control Commission the issuance of
said requested license “ABOVE ALL OTHERS”.
Adopted this 12th day of March, 2024.
AYES: ______________________________________________________
NAYES: ______________________________________________________
ABSENT: ______________________________________________________
Page 153 of 220
By: ________________________
Ken Johnson
City Mayor
By: ________________________
Ann Meisch, MMC
City Clerk
Page 154 of 220
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 12, 2024 Title: Sale of 716 Leonard Avenue
Submitted by: Samantha Pulos, Planner Department: Planning
Brief Summary:
Staff is requesting approval of a Purchase Agreement for 716 Leonard Avenue.
Detailed Summary & Background:
716 Leonard Avenue was constructed through the agreement with Rudy Briggs to construct infill
housing with ARPA funding. The offer is for full asking price, $225,000, with no seller concessions.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Create an environment that effectively attracts new residents and retains existing residents by filling
existing employment gaps, attracting new and diverse businesses to the city, and expanding access
to a variety of high-quality housing options in Muskegon. Diverse housing types
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
To approve the Purchase Agreement for 716 Leonard Ave for $225,000 and authorize the Code
Coordinator, Samantha Pulos, to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads x
Communication
Page 155 of 220
Legal Review x
Page 156 of 220
dotloop signature verification: dtlp.us/hmNr-iwzM-g7XX
WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
#
DATE: 02/26/2024 , (time) MLS # 24000659
SELLING OFFICE: TLK REALTORS BROKER LIC.#: REALTOR® PHONE: 231-740-1034
LISTING OFFICE: TLK REALTORS REALTOR® PHONE: 231-375-8779
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: JAMES KITCHEN Email: [email protected] Lic.#: 6501439600
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)
716 Leonard Avenue, Muskegon, MI 49442
with the following legal description and tax parcel ID numbers:
Lot 2 Except the West 10.88 Feet 25.77 feet of lot 3 Gunns Subdivision of part of block 2 City of Muskegon, Muskegon County, Michigan
PP# .
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 $ 225000
two hundred twenty-five thousand 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 FHA/MSHDA type 30 (year) mortgage in the amount of 97 % 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 3 days after the Effective Date, not to impair Buyers’ credit after the date such loan if
offered. Seller Buyer will agree to pay an amount not to exceed $ -- representing repairs required as a
condition of financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from
©Copyright, West Michigan REALTOR® Associations
Page 1 of 6 Rev. Date 1/2024 RA Buyer’s Initials SP Seller’s Initials
03/02/24
2:06 PM EST
03/04/24
1:31 PM EST
Page 157 of 220
dotloop verified dotloop verified
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West Michigan Regional Purchase Agreement Page 2 of 6
Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent.
Exceptions:
SELLER FINANCING (choose one of the following): CONTRACT or PURCHASE MONEY MORTGAGE
In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the
credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if
Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer
within 48 hours. Seller is advised to seek professional advice regarding the credit report.
$ upon execution and delivery of a
form (name or type of form and revision date), a copy of which is attached, wherein the balance of $
will be payable in monthly installments of $ or more including interest at % per annum,
interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance
will become due and payable months after closing. Any appraisal required by Buyer shall be arranged and
paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions:
EQUITY (choose one of the following): Formal Assumption or Informal Assumption
Upon execution and delivery of: Warranty Deed subject to existing mortgage OR Assignment of Vendee Interest
in Land Contract, Buyer to pay the difference (approximately $ ) between the Purchase Price above
provided and the unpaid balance (approximately $ ) upon said mortgage or land contract, which Buyer
agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future
taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten
(10) days after the Effective Date of this Agreement. Exceptions:
OTHER:
9. Contingencies: Buyer’s obligation to consummate this transaction (choose one):
IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer.
IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at:
A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale
or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in
writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest
Money Deposit.
IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing
of a sale or exchange of Buyer’s property located at
on or before . Seller will have the right to continue to
market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy
thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such
price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified
promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions:
10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All
improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the
following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and
bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage
disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached
shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and
pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on
heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid
heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete
rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball
backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars;
detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door
opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes:
Stove,Microwave,dishwasher and Refrigerator
but does not include:
716 Leonard Avenue, Muskegon, MI 49442 02/26/2024
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
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SP Seller’s Initials
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11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
expended through normal use. Exceptions:
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 for future connection 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 ____ 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
716 Leonard Avenue, Muskegon, MI 49442 02/26/2024
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
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SP Seller’s Initials
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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
04/15/2024 . 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
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.
716 Leonard Avenue, Muskegon, MI 49442 02/26/2024
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
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SP Seller’s Initials
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For purposes of determining possession, the transaction will be considered closed once all necessary documents have been signed
and received by escrow agent and funds have been received by the escrow agent.
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. Seller shall also be responsible for snow
removal and/or landscape maintenance. 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.
In the event of possession by Seller after close, Buyer and Seller agree do not agree to sign the West Michigan Regional
Temporary Occupancy Addendum to the Purchase Agreement. If signed, that Addendum shall become an integral part of this
Agreement.
Exceptions:
24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 5PM (time) on
03/06/2024 (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 $ 1000.00
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 Buyer is entitled to a refund of the Earnest Money Deposit. If the sale is not closed as provided in this
Agreement and Buyer and Seller do not agree to the disposition of the Earnest Money Deposit, then Buyer and Seller agree that the
Broker holding the Earnest Money Deposit may notify Buyer and Seller, in writing, of Broker’s intended disposition of the Earnest
Money Deposit. If Buyer and Seller do not object to such disposition in writing within fifteen (15) days after the date of Broker’s notice,
they will be deemed to have agreed to Broker’s proposed disposition; if either Buyer or Seller object and no mutually agreeable
disposition can be negotiated, Broker may deposit the funds by interpleader with a court of proper jurisdiction or await further actions
by Buyer and Seller. In the event of litigation involving the deposit, in whole or in part, either the Seller or the Buyer that is not the
prevailing party, as determined by the court, will reimburse the other for reasonable attorneys’ fees and expenses incurred in
connection with the litigation, and will reimburse the Broker for any reasonable attorneys’ fees and expenses incurred in connection
with any interpleader action instituted. If the entity holding the Earnest Money Deposit is not the Broker, then to the extent that the
terms of any escrow agreement conflict with this paragraph, then the terms and conditions of the escrow agreement shall control.
25. Professional Advice: Broker hereby advises Buyer and Seller to seek legal, tax, environmental and other appropriate professional
advice relating to this transaction. Broker does not make any representations or warranties with respect to the advisability of, or the
legal effect of this transaction. Buyer further acknowledges that REALTOR® above named in the Agreement hereby recommends to
Buyer that an attorney be retained by Buyer to pass upon the marketability of the title and to ascertain that the required details of the
sale are adhered to before the transaction is consummated. Buyer agrees that Buyer is not relying on any representation or statement
made by Seller or any real estate salesperson (whether intentionally or negligently) regarding any aspect of the Property or this sale
transaction, except as may be expressly set forth in this Agreement, a written amendment to this Agreement, or a disclosure statement
separately signed by Seller.
26. Disclosure of Information: Buyer and Seller acknowledge and agree that the Purchase Price, terms, and other details with respect
to this transaction (when closed) are not confidential, will be disclosed to REALTORS® who participate in the applicable Multiple Listing
Service, and may otherwise be used and/or published by that Multiple Listing Service in the ordinary course of its business.
27. Other Provisions:
28. Mergers and Integrations: This Agreement is the final expression of the complete agreement of Buyer and Seller, and there are no
oral agreements existing between Buyer and Seller relating to this transaction. This Agreement may be amended only in writing signed
by Buyer and Seller and attached to this Agreement.
29. Fax/Electronic Distribution and Electronic Signatures: Buyer and Seller agree that any signed copy of this Agreement, and any
amendments or addendums related to this transaction, transmitted by facsimile or other electronic means shall be competent evidence
of its contents to the same effect as an original signed copy. Buyer and Seller further agree that an electronic signature is the legal
equivalent of a manual or handwritten signature, and consent to use of electronic signatures. Buyer and Seller agree that any notice(s)
required or permitted under this Agreement may also be transmitted by facsimile or other electronic means.
716 Leonard Avenue, Muskegon, MI 49442 02/26/2024
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
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SP Seller’s Initials
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03/04/24
1:31 PM EST
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30. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic
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.
Robin Atkin
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Buyer 1 Address 1700 AUBLE RD, MUSKEGON, MI 49445 X 03/02/24 2:06 PM EST
EASC-K1AY-DIH2-QX9H Buyer
Buyer 1 Phone: (Res.) 231-730-8274 (Bus.) Robin Atkin
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): Sam Pulos
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CHQH-7NPF-KAY5-EKXZ
Samantha Pulos 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 counteroffer.
X (Seller’s Signature, Date, Time):
X (Seller’s Signature, Date, Time):
716 Leonard Avenue, Muskegon, MI 49449 02/26/2024
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
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SP Seller’s Initials
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WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
#
DATE: 02/26/2024 , (time) MLS # 24000659
SELLING OFFICE: TLK REALTORS BROKER LIC.#: REALTOR® PHONE: 231-740-1034
LISTING OFFICE: TLK REALTORS REALTOR® PHONE: 231-375-8779
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: JAMES KITCHEN Email: [email protected] Lic.#: 6501439600
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)
716 Leonard Avenue, Muskegon, MI 49442
with the following legal description and tax parcel ID numbers:
Lot 2 Except the West 10.88 Feet 25.77 feet of lot 3 Gunns Subdivision of part of block 2 City of Muskegon, Muskegon County, Michigan
PP# .
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 $ 225000
two hundred twenty-five thousand U.S. Dollars
7. Seller Concessions, if any: $4000.00
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 RA
obtain a FHA/MSHDA type 30 (year) mortgage in the amount of 97 % of the Purchase Price 03/11/24
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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 3 days after the Effective Date, not to impair Buyers’ credit after the date such loan if
offered. Seller Buyer will agree to pay an amount not to exceed $ -- representing repairs required as a
condition of financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from
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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:
Stove,Microwave,dishwasher and Refrigerator
but does not include:
716 Leonard Avenue, Muskegon, MI 49442 02/26/2024
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2024 RA Buyer’s Initials
SP Seller’s Initials
03/11/24 03/11/24
2:09 PM EDT 4:28 PM EDT
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11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
expended through normal use. Exceptions:
12. Assessments (choose one):
If the Property is subject to any assessments,
Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless
of any installment arrangements), except for any fees that are required for future connection 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 ____ 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
716 Leonard Avenue, Muskegon, MI 49442 02/26/2024
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
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SP Seller’s Initials
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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
04/15/2024 . 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
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.
716 Leonard Avenue, Muskegon, MI 49442 02/26/2024
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
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SP Seller’s Initials
03/11/24 03/11/24 Page 166 of 220
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For purposes of determining possession, the transaction will be considered closed once all necessary documents have been signed
and received by escrow agent and funds have been received by the escrow agent.
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. Seller shall also be responsible for snow
removal and/or landscape maintenance. 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.
In the event of possession by Seller after close, Buyer and Seller agree do not agree to sign the West Michigan Regional
Temporary Occupancy Addendum to the Purchase Agreement. If signed, that Addendum shall become an integral part of this
Agreement.
Exceptions:
24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 5PM (time) on
03/06/2024 (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 $ 1000.00
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 Buyer is entitled to a refund of the Earnest Money Deposit. 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:
The Seller will execute and deliver a Quit Claim Deed at the Closing.
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.
716 Leonard Avenue, Muskegon, MI 49442 02/26/2024
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2024 RA Buyer’s Initials
SP Seller’s Initials
03/11/24
2:09 PM EDT
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4:28 PM EDT
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30. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic
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.
Robin Atkin
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Buyer 1 Address 1700 AUBLE RD, MUSKEGON, MI 49445 X 03/11/24 2:09 PM EDT
JKGX-W9HK-LFDS-4YFF Buyer
Buyer 1 Phone: (Res.) 231-730-8274 (Bus.) Robin Atkin
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): Sam Pulos
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03/11/24 4:28 PM EDT
ZCXX-76AM-JCQB-NABG
Samantha Pulos 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.
Robin Atkin
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X (Buyer’s Signature, Date, Time): 03/11/24 2:09 PM EDT
D4JQ-MIPY-PHNC-V1MA
X (Buyer’s Signature, Date, Time):
38. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counteroffer.
X (Seller’s Signature, Date, Time):
X (Seller’s Signature, Date, Time):
716 Leonard Avenue, Muskegon, MI 49449 02/26/2024
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2024 RA Buyer’s Initials
SP Seller’s Initials
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 12, 2024 Title: Sale of 438, 502, and 510 E Isabella
Submitted by: Samantha Pulos, Planner Department: Planning
Brief Summary:
Staff is seeking authorization to sell the City-owned vacant lots at 438, 502, and 510 E Isabella to
Robert Muusse.
Detailed Summary & Background:
Robert Muusse would like to purchase the City-owned buildable lots at 438, 502, and 510 E Isabella for
$9,000 (75% of the True Cash Value of $12,000) plus half of the closing costs and the fee to register the
deed. Robert Muusse will be constructing a single-family home on each of the properties.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Focus Area/Action Item Addressed: Create an environment that effectively attracts new
residents and retains existing residents by filling existing employment gaps, attracting new and diverse
businesses to the city, and expanding access to a variety of high-quality housing options in
Muskegon. Diverse housing types.
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
Authorize the Code Coordinator to complete the sale of 438, 502, and 510 E Isabella, as described in
the attached purchase agreement, and to have the Mayor and Clerk sign the purchase agreement.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads x
Communication
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Legal Review x
Page 170 of 220
PURCHASE AND DEVELOPMENT AGREEMENT
This Purchase and Development Agreement (“Agreement”) is made March 12, 2024 (“Effective
Date”), between the City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street,
Muskegon, Michigan 49440 (“City”), and Robert Muusse, of 3465 Palmer Dr, Saugatuck MI, 49453,
(“Developer”), with reference to the following facts:
Background
A. Developer proposes to purchase and develop three (3) vacant property(s) owned by City
which is located in the City of Muskegon, Muskegon County, Michigan, and each commonly known and
legally described on the attached Exhibit A (each property individually, a “Parcel” and collectively “Project
Property”).
B. City and Developer desire to establish the terms, covenants, and conditions upon which
City will sell and Developer will purchase and develop the Project Property. Developer intends to develop
one (1) single-family house on each of the Project Property. (the “Project”).
Therefore, for good and valuable consideration, the parties agree as follows:
1. Sale and Purchase of Project Properties. City agrees to sell to Developer, and Developer
agrees to purchase from City, on the terms and subject to the conditions set forth in this Agreement, the
Project Property, subject to reservations, restrictions, and easements of record.
2. Purchase Price. The total purchase price for the Project Property shall be $9,000.00,
which shall be paid in cash or other immediately available funds at Closing (defined below) less the $1200
deposit that the Developer has paid to the City of Muskegon.
Pursuant to Paragraph 3(b) below, the parties acknowledge and agree that Developer shall be eligible to be
reimbursed all or a portion of the purchase price for the Parcel upon the completion of certain design
standards as further described herein.
3. Construction and Development Requirements.
a. Construction Dates. The parties acknowledge and agree that Developer shall have
a period of eighteen (18) months from the date of Closing to complete the Project (“Construction
Period”), except as otherwise provided in this Agreement or as otherwise mutually agreed upon by
the parties in writing.
b. Construction Details; Purchase Price Reimbursement. Developer’s construction
and development of the Project Properties shall be in substantial conformance with its plans and
specifications provided to City by Developer or as otherwise agreed upon in writing between City
and Developer. As referenced above, Developer shall be eligible for reimbursement of all or a
portion of the purchase price for the Project Properties upon Developer’s satisfaction of the
following design standards for each single-family home it constructs on the Project Properties:
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Design Standard Purchase Price Reimbursement for Parcel
Open front porch of at least 60 sq. ft. 20%
Picture or bay window 20%
Alley-loaded parcel 20%
Shutter or other acceptable window 20%
treatments
Underground Sprinkling 20%
(By way of example only: If Developer completes three of the design standards listed above for
the construction at the Parcel located at 438 E Isabella Ave, Developer would be reimbursed
$1,800.00, which is 60% of the $3,000.00 purchase price for this Parcel. If Developer completes
all five design standards, Developer would be reimbursed the entire purchase price for this Parcel.)
4. Right of Reversion. Notwithstanding anything herein to the contrary, and as security for
Developer’s obligation to commence and complete construction of a single-family house on each of the
Project Properties, the quit claim deed conveying the Project Properties to Developer shall contain a right
of reversion in all of the Project Properties (“City’s Reversionary Right”), which may be exercised by City,
in its sole and absolute discretion, if any of the following conditions occur:
a. Developer does not commence construction within sixty (60) days after the date of
Closing, in which case title to all of the Project Properties shall automatically revert to City upon
the terms and conditions further provided in this Paragraph 4 below. For purposes of this Paragraph
4(a), commencing construction means furnishing labor and materials to the Parcel of the Project
Property and beginning installation of the approved single-family home.
b. Developer does not complete construction of the Project Property prior to
expiration of the Construction Period, in which case title to any of the Project Properties that are
not complete by the end of the Construction Period shall automatically revert to City upon the terms
and conditions further provided in this Paragraph 4 below. For purposes of this Paragraph 4(b),
completing construction means the issuance of an occupancy permit by City for the Project
Property. Provided, however, the parties agree to reasonably negotiate an extension of the
Construction Period up to a period of six (6) months for the Project Property that have a completed
foundation before the expiration of the initial Construction Period.
If any of the above conditions occur, City shall automatically have City’s Reversionary Right to reacquire
title to the Project Property, as the case may be. To exercise City’s Reversionary Right described herein,
City must provide written notice to Developer (or its permitted successors, assigns, or transferees) within
thirty (30) days of Developer’s failure under this Agreement, but in any event prior to Developer satisfying
the conditions set forth in Paragraph 4(a) or Paragraph 4(b) above, as the case may be, and record such
notice with the Muskegon County Register of Deeds. Upon request of City, Developer shall take all
reasonable steps to ensure City acquires marketable title to the Project Property, as the case may be, through
its exercise of its rights under this Paragraph within thirty (30) days of City’s demand, including without
limitation, the execution of appropriate deeds and other documents.
In addition, if the Project Property revert to City, City may retain the purchase price for such Project
Property free and clear of any claim of Developer or its assigns. In the event of reversion of title of the
Project Property, improvements made on such Project Property shall become the property of City. In no
event shall the Project Property be in a worse condition than upon the date of Closing. These covenants and
conditions shall run with the land and be recorded in the quit claim deed from City to Developer.
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5. Title Insurance. Within five (5) days after the Effective Date, Developer shall order a title
commitment for an extended coverage ALTA owner’s policy of title insurance issued by Transnation Title
Agency (the “Title Company”) for the Project Property in the amount of the total purchase price for the
Project Property and bearing a date later than the Effective Date, along with copies of all of the underlying
documents referenced therein (the “Title Commitment”). Developer shall cause the Title Company to issue
a marked-up commitment or pro forma owner’s policy with respect to the Project Property at the Closing
naming Developer as the insured and in form and substance reasonably satisfactory to Developer, but
subject to Permitted Exceptions (defined below). As soon as possible after the Closing, Developer shall
cause the Title Company to furnish to Developer an extended coverage ALTA owner’s policy of title
insurance with respect to the Project Property (the “Title Policy”). City shall be responsible for the cost of
the Title Policy; provided, however, Developer shall be solely responsible for the cost of any endorsements
to the Title Policy that Developer desires.
6. Title Objections. Developer shall have until the end of the Inspection Period (as defined
below) within which to raise objections to the status of City’s title to the Project Properties. If objection to
the title is made, City shall have seven (7) days from the date it is notified in writing of the particular defects
claimed to either (a) remedy the objections, or (b) notify Developer that it will not remedy the objections.
If Developer does not notify City in writing as to any title or survey objections, then Developer will be
deemed to have accepted the condition of title as set forth in the Title Commitment. If City is unwilling or
unable to remedy the title or obtain title insurance over such defects within the time period specified, then
notwithstanding anything contained herein to the contrary, Developer may, at its option, upon written notice
to City, either (i) terminate this Agreement and neither City nor Developer shall have any further obligation
to the other pursuant to this Agreement, except as otherwise provided herein, or (ii) waive such objection,
in which case such objection shall become a Permitted Exception, and thereafter proceed to the Closing
according to the terms of this Agreement. Any matter disclosed on the Title Commitment that is waived or
not objected to by Developer shall be deemed a “Permitted Exception.”
7. Property Taxes and Assessments. City shall be responsible for the payment of all real
estate taxes and assessments that become due and payable prior to Closing, without proration. Developer
shall be responsible for the payment of all real estate taxes and assessments that become due and payable
after Closing, without proration.
8. Survey. Developer at its own expense may obtain a survey of any or all of the Project
Property, and Buyer or its surveyor or other agents may enter any of the Project Property for that purpose
prior to Closing. If no survey is obtained, Developer agrees that Developer is relying solely upon
Developer's own judgment as to the location, boundaries, and area of the Project Property and
improvements thereon without regard to any representations that may have been made by City or any other
person. In the event that a survey by a registered land surveyor made prior to Closing discloses an
encroachment or substantial variation from the presumed land boundaries or area, City shall have the option
of affecting a remedy within seven (7) days after disclosure, or terminate this Agreement. Developer may
elect to purchase the Project Property subject to said encroachment or variation.
9. Inspection Period. At Developer’s sole option and expense, Developer and Developer’s
agents may conduct inspections of each of the Project Property within thirty (30) days after the Effective
Date (“Inspection Period”). Developer’s inspection under this Paragraph may include, by way of example
but not limitation, inspections of any existing improvements to each Parcel, other systems servicing the
Parcel, zoning, and the suitability for Developer’s intended purposes for each Parcel. If Developer, in
Developer’s reasonable discretion, is not satisfied with the results of the inspections for any reason,
Developer shall notify City in writing of Developer’s prior to expiration of the 30-day Inspection Period. If
Developer so notifies City, this Agreement shall be terminated and have no further force and effect. If no
written objection is made by Developer within the stated period, this inspection contingency shall be
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deemed to be waived by Developer and the parties shall proceed to Closing in accordance with the terms
of this Agreement.
10. Condition of Project Property. City and Developer acknowledge and agree that the Parcel
in the Project Property is being sold and delivered “AS IS”, “WHERE IS” in its present condition. Except
as specifically set forth in this Agreement or any written disclosure statements, City has not made, does not
make, and specifically disclaims any and all representations, warranties, or covenants of any kind or
character whatsoever, whether implied or express, oral or written, as to or with respect to (i) the value,
nature, quality, or condition of any of the Project Property, including without limitation, soil conditions,
and any environmental conditions; (ii) the suitability of the Project Property for any or all of Developer’s
activities and uses; (iii) the compliance of or by the Project Property with any laws, codes, or ordinances;
(iv) the habitability, marketability, profitability, or fitness for a particular purpose of the Project Property;
(v) existence in, on, under, or over the Project Property of any hazardous substances; or (vi) any other matter
with respect to the Project Property. Developer acknowledges and agrees that Developer has or will have
the opportunity to perform inspections of the Project Property pursuant to this Agreement and that
Developer is relying solely on Developer’s own investigation of the Project Property and not on any
information provided to or to be provided by City (except as specifically provided in this Agreement). If
the transaction contemplated herein closes, Developer agrees to accept the respective Project Property
acquired by Developer and waive all objections or claims against City arising from or related to such Project
Property and any improvements thereon except for a breach of any representations or warranties or
covenants specifically set forth in this Agreement. In the event this transaction closes, then subject to City’s
express representations, warranties, and covenants in this Agreement, Developer acknowledges and agrees
that it has determined that the respective Project Property it has acquired and all improvements thereon are
in a condition satisfactory to Developer based on Developer’s own inspections and due diligence, and
Developer has accepted such Project Property in their present condition and subject to ordinary wear and
tear up to the date of Closing. The terms of this Paragraph shall survive the Closing and/or the delivery of
the deed.
11. Developer’s Representations and Warranties of Developer. Developer represents,
covenants, and warrants the following to be true:
a. Authority. Developer has the power and authority to enter into and perform
Developer’s obligations under this Agreement.
b. Litigation. No judgment is outstanding against Developer and no litigation, action,
suit, judgment, proceeding, or investigation is pending or outstanding before any forum, court, or
governmental body, department or agency or, to the knowledge of Developer, threatened, that has
the stated purpose or the probable effect of enjoining or preventing the Closing.
c. Bankruptcy. No insolvency proceeding, including, without limitation, bankruptcy,
receivership, reorganization, composition, or arrangement with creditors, voluntary or involuntary,
affecting Developer or any of Developer's assets or properties, is now or on the Closing Date will
be pending or, to the knowledge of Developer, threatened.
12. Conditions Precedent. This Agreement and all of the obligations of Developer under this
Agreement are, at Developer’s option, subject to the fulfillment, before or at the time of the Closing, of
each of the following conditions:
a. Performance. The obligations, agreements, documents, and conditions required to
be signed and performed by City shall have been performed and complied with before or at the date
of the Closing.
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b. City Commission Approval. This Agreement is approved by the Muskegon City
Commission.
13. Default.
a. By Developer. In the event Developer fails to comply with any or all of the
obligations, covenants, warranties, or agreements under this Agreement and such default is not
cured within ten (10) days after receipt of notice (other than Developer’s failure to tender the
purchase price in full at Closing, a default for which no notice is required), then City may terminate
this Agreement.
b. By City. In the event City fails to comply with any or all of the obligations,
covenants, warranties or agreements under this Agreement, and such default is not cured within ten
(10) days after receipt of notice, then Developer may either terminate this Agreement or Developer
may pursue its legal and/or equitable remedies against City including, without limitation, specific
performance.
14. Closing.
a. Date of Closing. The closing date of this sale shall be as mutually agreed by the
parties, but in no event later than 60 days from the City Commission’s approval of the sale
(“Closing”), unless this Agreement is terminated in accordance with its provisions. The Closing
shall be conducted at such time and location as the parties mutually agree.
b. Costs. The costs associated with this Agreement and the Closing shall be paid as
follows: (i) Developer shall pay any state and county transfer taxes in the amount required by law;
(ii) City shall pay the premium for the owner’s Title Policy, provided that Developer shall pay for
any and all endorsements to the Title Policy that Developer desires; (iii) City shall be responsible
to pay for the recording of any instrument that must be recorded to clear title to the extent required
by this Agreement; (iv) Developer shall pay for the cost of recording the deed; and (v) Developer
and City shall each pay one-half of any closing fees charged by the Title Company.
c. Deliveries. At Closing, City shall deliver a quit claim deed for the Project
Properties and Developer shall pay the purchase price. The quit claim deed to be delivered by City
at closing shall include the City Right of Reversion described in Paragraph 4 above. The parties
shall execute and deliver such other documents reasonably required to effectuate the transaction
contemplated by this Agreement.
15. Real Estate Commission. Developer and City shall each be responsible for any fees for
any real estate agents, brokers, or salespersons regarding this sale that it has hired, but shall have no
obligation as to any fees for any real estate agents, brokers, or salespersons regarding this sale that the other
party has hired.
16. Notices. All notices, approvals, consents and other communications required under this
Agreement shall be in writing and shall be deemed given: (i) when delivered in person; (ii) when sent by
fax or email: (iii) when sent by a nationally-recognized receipted overnight delivery service with delivery
fees prepaid; or (iv) when sent by United States first-class, registered, or certified mail, postage prepaid.
The notice shall be effective immediately upon personal delivery or upon transmission of the fax or email;
one day after depositing with a nationally recognized overnight delivery service; and five (5) days after
sending by first class, registered, or certified mail.
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Notices shall be sent to the parties as follows:
To City: City of Muskegon
Attn.: Samantha Pulos, Code Coordinator
933 Terrace Street
Muskegon, MI 49440
w/ copy to: Parmenter Law
Attn.: John C. Schrier
601 Terrace Street, Suite 200
Muskegon, MI 49440
Email: [email protected]
To Developer: Robert Muusse
3465 Palmer Dr
Saugatuck MI, 49453
Email: [email protected]
17. Miscellaneous.
a. Governing Law. This Agreement will be governed by and interpreted in
accordance with the laws of the state of Michigan.
b. Entire Agreement. This Agreement constitutes the entire agreement of the parties
and supersedes any other agreements, written or oral, that may have been made by and between the
parties with respect to the subject matter of this Agreement. All contemporaneous or prior
negotiations and representations have been merged into this Agreement.
c. Amendment. This Agreement shall not be modified or amended except in a
subsequent writing signed by all parties.
d. Binding Effect. This Agreement shall be binding upon and enforceable by the
parties and their respective legal representatives, permitted successors, and assigns.
e. Counterparts. This Agreement may be executed in counterparts, and each set of
duly delivered identical counterparts which includes all signatories, shall be deemed to be one
original document.
f. Full Execution. This Agreement requires the signature of all parties. Until fully
executed, on a single copy or in counterparts, this Agreement is of no binding force or effect and if
not fully executed, this Agreement is void.
g. Non-Waiver. No waiver by any party of any provision of this Agreement shall
constitute a waiver by such party of any other provision of this Agreement.
h. Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
enforceability of the remaining provisions of this Agreement shall not in any way be impaired or
affected.
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i. No Reliance. Each party acknowledges that it has had full opportunity to consult
with legal and financial advisors as it has been deemed necessary or advisable in connection with
its decision to knowingly enter into this Agreement. Neither party has executed this Agreement in
reliance on any representations, warranties, or statements made by the other party other than those
expressly set forth in this Agreement.
j. Assignment or Delegation. Except as otherwise specifically set forth in this
Agreement, neither party shall assign all or any portion of its rights and obligations contained in
this Agreement without the express or prior written approval of the other party, in which approval
may be withheld in the other party's sole discretion.
k. Venue and Jurisdiction. The parties agree that for purposes of any dispute in
connection with this Agreement, the Muskegon County Circuit Court shall have exclusive personal
and subject matter jurisdiction and that Muskegon County is the exclusive venue.
This Agreement is executed effective as of the Effective Date set forth above.
CITY: DEVELOPER:
CITY OF MUSKEGON ROBERT MUUSSE
By: _______________________________ By: _______________________________
Name: Ken Johnson Name: ROBERT MUUSSE
Title: Mayor Dated: __________________
Dated: __________________
By: _______________________________
Name: Ann Marie Meisch
Title: City Clerk
Dated: __________________
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Exhibit A
The following described premises located in the City of Muskegon, County of Muskegon, State of
Michigan, and legally described as follows:
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 10 BLOCK 68
Address: 438 E ISABELLA AVE, MUSKEGON, MI 49442
Parcel #: 61-24-205-068-0010-00
Price: $3,000.00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 EAST 20 FEET LOT 8 &
ALL LOT 9 BLOCK 69
Address: 502 E ISABELLA AVE, MUSKEGON, MI 49442
Parcel #: 61-24-205-069-0009-00
Price: $3,000.00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 10 BLOCK 69
Address: 510 E ISABELLA AVE, MUSKEGON, MI 49442
Parcel #: 61-24-205-069-0010-00
Price: $3,000.00
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 12, 2024 Title: Sale of 1311 Marquette
Submitted by: Samantha Pulos, Planner Department: Planning
Brief Summary:
Staff is seeking authorization to sell the City-owned vacant lot at 1311 Marquette to Lawaun
Cunningham.
Detailed Summary & Background:
Lawaun Cunningham would like to purchase the City-owned buildable lot at 1311 Marquette for
$6,000 (75% of the True Cash Value of $8,000) plus half of the closing costs and the fee to register the
deed. Lawaun Cunningham will be constructing a single-family home on the property.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Focus Area/Action Item Addressed: Create an environment that effectively attracts new
residents and retains existing residents by filling existing employment gaps, attracting new and diverse
businesses to the city, and expanding access to a variety of high-quality housing options in
Muskegon. Diverse housing types.
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
Authorize the Code Coordinator to complete the sale of 1311 Marquette, as described in the
attached purchase agreement, and to have the Mayor and Clerk sign the purchase agreement.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads x
Communication
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Legal Review x
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 12, 2024 Title: Sale of 1328 James
Submitted by: Samantha Pulos, Planner Department: Planning
Brief Summary:
Staff is seeking authorization to sell the City-owned vacant lot at 1328 James to Aleschia Loughridge.
Detailed Summary & Background:
Aleschia Loughridge would like to purchase the City-owned buildable lot at 1328 James for $6,000
(75% of the True Cash Value of $8,000) plus half of the closing costs and the fee to register the deed.
Caleb Schuyten will be constructing a single-family home on the property.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Focus Area/Action Item Addressed: Create an environment that effectively attracts new
residents and retains existing residents by filling existing employment gaps, attracting new and diverse
businesses to the city, and expanding access to a variety of high-quality housing options in
Muskegon. Diverse housing types.
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads X
Communication
Legal Review X
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 12, 2024 Title: Recommendation of Annual Renewal of
Liquor Licenses
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
To adopt a resolution recommending the State withhold renewal of those liquor license
establishments who are in violation of Section 50-146 and 50-147 of the Code of Ordinances for the
City of Muskegon. These establishments have been found to be in non-compliance with the City
Code of Ordinances and renewal of their liquor licenses should not be recommended by the City
Commission. If any of these establishments come into compliance by March 21, 2024, they will be
removed from this resolution, and recommendation for their renewal will be forwarded to the Liquor
Control Commission.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A x
Recommended Motion:
Adopt the resolution.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 12, 2024 Title: Short Term Rental Enforcement & Handbook
Updates
Submitted by: Timothy Kozal, Public Safety Department: Public Safety
Director
Brief Summary:
Staff is requesting approval of the Short Term Rental Enforcement and Handbook Updates
Detailed Summary & Background:
In 2023, the city started to engage with residents and Short Term Rental owners through in-person
workshops and online surveys to collect feedback and learn more about issues regarding Short-Term
Rentals in our community. With this engagement, new enforcement actions were created and the
Short-Term Rental handbook for short-term rentals owners has been updated.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
0 Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
Move to approve the updated short term rental enforcement and handbook.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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CITY OF MUSKEGON GUIDE
TO SHORT-TERM RENTALS
INFORMATION PACKET AND GUIDELINES
February 2024
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CITY OF MUSKEGON SHORT TERM RENTAL CHECKLIST
TO BE PROVIDED BY APPLICANT
In order for a short-term rental application and/or renewal to be complete, the following
documents must be submitted. If any documents are missing; the application must be returned
to the applicant along with a letter outlining the missing elements.
□ $500 Rental Registration (Short term)
□ City of Muskegon Short Term Rental registration
□ Signed Applicant Statement
□ Notarized letter of authorization form the owner to the applicant, if applicant is not the
owner of the premises sought to be licensed.
□ Name, address, phone number, fax number (if available), and email address of a local
agent to be available to receive notices and respond to complaints from the neighbors
or the City, 24 hours per day, 7 days per week if Licensees do not reside permanently in
Muskegon County.
□ Description of premises proposed to be used for short term rentals:
o Number of bedrooms
o Number of bathrooms
o Maximum capacity
o Parcel I.D. number and legal description of property
□ Certificate of general liability insurance coverage issued by an insurance company
licensed to do business in the State of Michigan covering the premises and insuring the
licensee against risks arising from commercial rental activities on the premises.
□ Dwelling Fire Insurance a minimum of $10,000 in dwelling fire insurance
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CITY OF MUSKEGON RENTAL REGISTRATION SEARCH
The city’s rental registration search is made available for the benefit of both rental property
owners and tenants. Please click through the above link to search by any part of the address
using the form.
For Tenants
Tenants and prospective renters can use the tool to ensure their rental unit is properly
registered with the City and has met requirements of the City’s rental housing code. If you are
considering renting a property in the City of Muskegon that is not shown here, please contact
the Building & Inspections Services Department by calling (231) 724-6766.
For Rental Property Owners
Rental property owners can use the tool to monitor the registration status of their regular
rental units or short-term rental units.
Call the Building & Inspections Services Department at (231) 724-6766 with any questions.
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CITY OF MUSKEGON COMMON RENTAL INSPECTION REQUIREMENTS
(NOT AN EXHAUSTIVE LIST)
INTERIOR
Smoke Detection Requirements:
□ In each sleeping room
□ Outside each sleeping room within 6' (close proximity) of the entrance top of stairways
with doors
□ Basements
Smoke Detection NOT required:
□ Not in crawl spaces
□ Not in uninhabitable attics
Installation near Bathrooms:
□ Smoke detectors shall NOT be installed within 3' of the bathroom door if bathroom has
a shower or bathtub
Smoke Detectors near Cooking Appliances:
□ Smoke detectors shall NOT be located within 20' horizontally from a permanently
installed cooking appliance
□ Ionization smoke detectors with an alarm silencing switch shall NOT be installed within
10' from a permanently installed cooking appliance
Hardwired and Interconnection of Smoke Detectors:
□ Where more than one smoke detector is required to be hardwired and interconnected
as required by code or by the code official, the hardwired and interconnected smoke
detectors must be maintain as such for the life of the structure. Battery only
replacements are not acceptable replacements
Service Life of a Smoke Detector:
□ The National Fire Code (NFPA) requires all smoke detectors to be replaced after 10 year
from the date of manufacture. Smoke detectors must have a manufactures date posted
on the unit, if a date cannot be located, the smoke detector must be removed from
service and replaced.
Smoke Detector Placement:
□ Smoke detectors are the most effective mounted on the ceiling. If mounting on a ceiling,
the smoke detector must be at least 4" from the wall.
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□ If a smoke detector is mounted on a wall, it must be no closer than 4" from the ceiling
and no lower than 12" from the ceiling.
Smoke Detector Replacement:
□ Anytime a smoke detector must be replaced or the inspector finds a defective, outdated
or missing, the new smoke detector must have sealed-in lithium battery power supply;
no battery replacement required over the 10 year life of the detector.
Carbon Monoxide (CO) Alarms:
□ Currently the City of Muskegon does not require CO alarms. NFPA requires CO alarms to
be mounted at least 15' from a device creating CO and midway between the ceiling and
the floor.
EXTERIOR
Fences:
□ All fencing must be in good repair, secure and plumb any missing sections or pickets
must be replaced peeling paint must be scraped and fence repainted
□ Gates must operate and have a latching or locking device
Garages & Sheds
□ Overhead doors must be secure and any rotted door sections must be replaced
□ Overhead door openers are not required but an open is present, the opener must be
operational and all manufactures safety devices must be operational
□ Peeling paint must be scraped and repainted
□ Service doors must latch and or lock and if wood, must be painted with exterior paint
□ All electrical outlets must be GFCI protected
□ Roofs must the roofing requirements as described in the code
□ Metal sheds with damaged roofs from excessive snow or other damage; the entire shed
must be removed
□ Siding and siding corners, trim and other siding components must match in color and
materials
□ Attached garages must have a minimum of½" drywall on walls to the home
Gutters & Down Spouts
□ All gutters down spouts on all structures must be maintained
□ Gutters must have downs spouts and down spouts must be positioned away from the
structure
Roofs
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□ All roofs must be free of leaks and moss
□ Roofs that are totally deteriorated, curling or missing must be replaced (with the
necessary building permits)
□ Roof repairs materials and color must blend with the existing roof
□ All unused satellite dishes, receivers, or similar devices must be removed from the roof
Siding & Trim
□ Siding and trim must be free of peeling paint. Any peeling paint must be scraped
before painting and painted with an exterior grade paint
□ Vinyl siding materials must match with color and materials
□ Siding corners must in good condition free of cracks, dents and attached correctly
□ Siding corner materials must match with color and materials
Address Numbers
□ House numbers must be legible from the street fronting the property. Numbers must be
a minimum of 4" in height and ½" width. Numbers must have contrast with their
background.
□ Apartments: Each entrance to each apartment must have the correct number or letter
attached on or adjacent to the door
Utilities
□ All utilities must be on at time of inspection
Electrical
□ Ground Fault Circuit Interruption {GFCi) devices must be within 6' of any sink, tub, or
laundry tub
□ Light globes or covers required on all lighting designed with light globes or covers
□ Outlets and switches cannot be painted
□ Outlets & switches must have covers
□ Electrical panels and junction boxes must have covers
□ Fuse boxes must be equipped with 11S" type fuses and fuses must be sized according to
wire size.
□ Extension cords cannot be used in place of permanent wiring
□ All electrical panels must be grounded to the water service with number 6 ground wire
□ All water meters must have a ground wire 11jumpered" around the meter
□ Tenant must have free access to their electrical panel at all times
□ Stairways must have light switches at the top and bottom of the stairways (3-way
switches)
Plumbing
□ All drains must have traps
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□ Fresh water lines must have pressure for a least 1 gallon per minute for a sink faucet
□ All sewage backups must be cleaned and sanitized with bleach
□ All piping must be approved for their use
Kitchen & Bathrooms
□ All sinks must be caulked and fit correctly
□ Tub surrounds, tile and grout lines must be free of mildew and or mold Tub surrounds
must be caulked at the tub
□ Exhaust fans must operate and free of dust and dirt Sink base cabinets must be free of
rot or water damage
□ Toilets must be bolted tight to the floor and caulked at the base Toilets must be free of
cracks, clean and must a tank cover.
□ Counter tops must be impervious to water, free of cracks or damage
□ Sink spray unit must operate or sprayer removed and a hole plugged or covered
Porch & Steps
□ Guardrails must openings no less than 4" apart
□ Stairways with 4 or more steps must have handrails on both sides
□ Stairways or porches higher than 30" from floor or ground must have railing protection
□ Wooden porch floors must be sealed or painted
□ Porches must be free of debris, trash, interior furniture and household items
□ Cement steps cannot have wooden treads installed over the top if the rise and run
(height & width) of the steps change
Infestation
□ All infestation must be resolved prior to any inspection or the responsible party will be
charged a Noncompliance fee
□ Infestation of a one unit is the responsibility of the tenant for pest removal Infestation
of two or more dwellings, the owner will be responsible for pest removal
Mechanical and Heating & Cooling Equipment
□ All heating units (furnace), water heaters must be inspected by a licensed heating &
cooling contractor at least once every four years or if new, four years from the date of
installation
□ Portable space heaters cannot be used as a permanent heating device Heat must be
maintained at 70 degrees 3' from the floor
□ All heat discharge must have registers
□ All cool air returns must have covers or grills
□ Thermostat must have face covers, operate and be attached to the wall
□ Wood burning stoves and fireplaces that may be used by the tenant, must be inspected
and certified safe by certified and license contractor
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Doors
□ All wooden doors must be painted or sealed
□ All doors must have operating door knobs and hardware
□ Exterior doors must be weather sealed
□ Storm doors must have a closing device
□ Storm doors must have glass or screens or a combination of both
□ De-laminated, rotted or heavily damaged doors must be replaced
□ Deadbolt locks cannot be keyed on both sides of the door. A turn knob or handle must
be on the interior side of the door
□ Exterior door must have locks
□ Door and window trim must be complete, painted or sealed and attached correctly
Walls & Ceilings
□ Walls and ceilings must be free of holes, cracks, rot, peeling paint and peeling wall paper
□ All plaster and drywall repair must be finished and painted
□ Ceiling tiles must be free of water damage and cracks
□ Walls between 2 units must be fire resistant materials with a minimum of 5/8" drywall
□ Attached garages must have a minimum of½" of drywall (sealed) on walls to the home
□ Paneling must he be free of holes, rot and cannot be buckled
Flooring
□ Floor covering must be complete, free of rips or tears and must be cleanable Floor
covering must be sealed at the edges with trim or seam stripping
□ Tiles floor grout must be complete and free of mildew or mold Vinyl flooring cannot be
painted
Windows
□ All ground floor windows must have locks
□ Any cracked windows must be replaced
□ Operable windows must open without force and shut correctly Exterior glazing must be
complete
□ Windows must be weathertight
□ Closed off windows must match the siding or foundation
□ Screens must be on all windows from April 30 to September 30
□ All egress windows must be maintained as egress windows
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CITY OF MUSKEGON SHORT TERM RENTAL FEE SCHEDULE
□ Rental Registration $500.00 (includes one inspection)
□ Late Fee if not paid in 30 days $50.00
□ No Show/ Lock Out Fee $100.00 per unit
□ Late Cancel Fee $100.00
□ Second Inspections Fee $100.00 Per Unit
**Fees may change according to the City of Muskegon**
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CITY OF MUSKEGON SHORT TERM RENTAL ENFORCEMENT PROCESS
If a short-term rental property is in violation of any City of Muskegon ordinances and the Police
Department has evidence of the existence, the following steps will be taken to keep any
nuisances under control.
□ First violation a Muskegon Civil Infraction for $250 is sent to the property owner.
□ Second violation a Muskegon Civil Infraction for $500 is sent to the property owner.
□ Third violation results in a $1,000 Muskegon Civil Infraction and the Short-Term Rental
license for that property is revoked for up to one year.
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CITY OF MUSKEGON SHORT TERM RENTAL APPLICANT STATEMENT
□ I hold the title to a local property located in the City of Muskegon.
□ I am the legal owner of the subject property or an authorized agency of the legal owner of
record. I will obtain all necessary permits and complete any modification required to rent
the property as a short-term rental. All statements on this application are true and accurate
to the best of my knowledge. I understand that that if a license is issued based on false
statements, or if I do not comply with all requirements, license approval may be revoked.
□ I understand that a short-term rental license is non-transferable and non-assignable.
□ I understand that there shall be no commercial activities conducted on the premises
including, but not limited to, yard sales, festivals, retreats, class reunions, home occupations
or similar uses.
I have read and understand the Applicant’s Statement and agree to abide by the terms.
Applicant Signature Date
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CITY OF MUSKEGON SHORT TERM RENTAL LICENSEE RESPONSIBILITIES
□ Licensees or his/her agent, must be available to receive notices and respond to
complaints, 24 hours per day, 7 days per week.
□ A Copy of the Certificate must be displayed inside of the dwelling, in case of an
emergency.
□ The address of the premises must be prominently displayed inside the main area of the
dwelling, in case of an emergency.
□ The licensee’s and his/her agent’s name, address, phone number(s) and email address
must be displayed prominently in the main part of the dwelling and supplied, in writing,
to occupants of the premise.
□ Fire extinguishers, smoke detectors and carbon monoxide detectors must be properly
mounted and kept fully charged and in good working order at all times.
□ Any exterior signage must meet Zoning requirements and have a permit issued by the
City.
□ Licensee shall provide trash receptacles and follow the proper guidelines for weekly trash
removal. (Dumpsters are not allowed)
□ Licensee must ensure compliance with all applicable parking requirements of the City
Code.
□ Licensee must ensure compliance with other City Codes including, but not limited to,
Open Burning, Fireworks and Disturbing the Peace.
□ Licensee must list all “Good Neighbor” requirements on their online short-term rental
listing.
I have read and understand the City of Muskegon Short Term Rental Licensee Responsibilities
and agree to abide by the terms.
Applicant Signature Date
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A Good Neighbor Guide for City of Muskegon Visitor
(Owner copy)
Welcome to the City of Muskegon – We hope you enjoy your stay in our beautiful community.
Please remember that the home you are staying in is in a residential neighborhood. To ensure
our residents’ enjoyment in their neighborhood we have established a “Good Neighbor Guide.”
Please respect our residents and our city by following these guidelines.
All Regulations Are Part of the City’s Ordinances and Strictly Enforced by the Police Department
NOISE
-Quiet hours in the City of Muskegon are 11pm-7am daily
- Loud, unnecessary prolonged noises (i.e. loud music, shouting, and other
disruptive noises) are not permitted at any time
PARKING
-Cars may not be parked on the front yard unless on a paved driveway
-Parking on the terrace (grass area between sidewalk and road) is prohibited
-Parking over sidewalks is prohibited
-Parking in alleys is prohibited
-Parking in front of mailboxes is prohibited
-Winter parking is enforced Dec 1 – March 1. Visit mkgcity.com/parking for details
Burning
-Open burning of leaves and waste is not permitted
I have read and understand the City of Muskegon Short Term Rental Guest Regulations and will
have a copy of the regulations clearly presented in my short term rental property at all times.
Applicant Signature Date
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A Good Neighbor Guide for City of Muskegon Visitor
(Short Term Rental Property Copy)
Welcome to the City of Muskegon – We hope you enjoy your stay in our beautiful community.
Please remember that the home you are staying in is in a residential neighborhood. To ensure
our residents’ enjoyment in their neighborhood we have established a “Good Neighbor Guide.”
Please respect our residents and our city by following these guidelines.
All Regulations Are Part of the City’s Ordinances and Strictly Enforced by the Police Department
NOISE
-Quiet hours in the City of Muskegon are 11pm-7am daily
- Loud, unnecessary prolonged noises (i.e. loud music, shouting, and other
disruptive noises) are not permitted at any time
PARKING
-Cars may not be parked on the front yard unless on a paved driveway
-Parking on the terrace (grass area between sidewalk and road) at any time is
prohibited
-Parking over sidewalks is prohibited
-Parking in alleys is prohibited
-Parking in front of mailboxes is prohibited
-Winter parking is enforced December 1 – March 1. Visit mkgcity.com/parking for
details
Burning
-Open burning of leaves and waste is not permitted
Page 214 of 220
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 12, 2024 Title: New Short Term Rental Registration
Temporary Pause
Submitted by: Jonathan Seyferth, City Manager Department: Manager's Office
Brief Summary:
A resolution to consider a targeted short-term rental registration pause on new short-term rental
registrations for 180 days.
Detailed Summary & Background:
The City has been examining STRs since the Spring of 2023. It is a complex issue with many strong
feelings and ideas on both sides of the debate. Following several public engagements, further
research, and taking into account potential state action on this topic, it is being recommended that
the City of Muskegon institute a temporary pause in the registration of new short-term vacation
rentals in residential zoning districts outside the DDA.
The temporary registration pause would not impact existing STRs anywhere in the city and would only
be for the registration of new STRs within residential districts of the City. The City would still allow new
STRs to be registered in the DDA District and within the City's business districts. Additionally, staff will
institute an appeal and review process for property owners in residential districts that have engaged
in significant economic activity to improve a property for STR purposes. Staff will use that criteria to
determine if a property owner can be issued an STR permit during the temporary registration pause.
Additionally, if the permit is denied by staff, the property owner can appeal the denial to the City
Commission.
The temporary registration pause will last 180 Days. It is necessary for the City to analyze and
potentially address short-term vacation rentals' impact on the public health, safety, and welfare in
these residential neighborhoods.
To allow the city time to analyze and address STRs' impacts within the community, staff recommends
a pause in new STR registrations. Provisions of the temporary pause would be as follows:
- Continue for 180 days (expiring on September 8, 2024);
- If needed, the pause may be extended for 180 days;
- Pause may end before the initial period if initiated by the City Commission;
- Applies only to residential zoning districts in the City outside the DDA (the pause does not apply to
the DDA or business districts);
- Applies only to new STR applications (does not bar current STR permit holders from renewing);
- An appeal and review process will be in place for individuals aggrieved by the registration pause.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Quality of Life
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Goal/Action Item:
Amount Requested: Budgeted Item:
n/a Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
n/a Yes No N/A X
Recommended Motion:
to approve the resolution temporarily suspending the registration of new short-term vacation rentals
in certain residential zoning districts.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads X
Communication
Legal Review X
Page 216 of 220
CITY OF MUSKEGON
RESOLUTION NO.______
A RESOLUTION TO IMPOSE A TEMPORARY PAUSE ON THE REGISTRATION OF
NEW SHORT-TERM VACATION RENTALS IN CERTAIN RESIDENTIAL ZONING
DISTRICTS
WHEREAS, in 2019, the City of Muskegon City Commission (“City Commission”) adopted an
ordinance requiring the registration and inspection of short-term vacation rentals within the City.
WHEREAS, the City recognizes that there are concerns that short-term rental vacation rentals
may have a negative impact on, be incompatible with, and disrupt the harmony, stability, and
family atmosphere of residential neighborhoods, and that existing ordinances may not provide
fully adequate protections to neighborhoods from these potential harms.
WHEREAS, the City is concerned that further increases in short-term vacation rentals in certain
areas of the City could undermine the character and stability of neighborhoods in certain
residential districts by, among other things:
1. Deceasing the number of long-term residents;
2. Decreasing the availability of long-term housing stock, thereby driving up prices and
making long-term residency less affordable;
3. Creating a significant number of vacant homes in the winter months; and,
4. Increasing levels of noise and traffic during the summer tourist season.
WHEREAS, a temporary pause on new (not previously licensed and operating) short-term
vacation rental registrations within residential districts located outside of the City’s Downtown
Development Authority (DDA) district is necessary in order to protect the public health, safety,
and general welfare of the property owners and residents of the City from the adverse effects of
short-term vacation rentals on neighboring and adjacent uses being conducted without benefit of
sufficient regulation and oversight to determine their appropriate placement and use pursuant to
the zoning ordinance.
WHEREAS, the temporary pause is necessary to allow the City to analyze and potentially
address the impact that short-term vacations rentals may have on the public health, safety, and
welfare in these residential neighborhoods, and the City intends to study regulations and
appropriate zoning districts relative to short-term vacation rental uses.
NOW, THEREFORE, the City Commission resolves as follows:
A. Upon the adoption of this Resolution and continuing for a period of 180 days thereafter, a
temporary pause is imposed upon the submission, acceptance, processing, and approval
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of any application for a license related to a short-term vacation rental for residential
districts located outside of the DDA. City staff is directed to refuse to accept for filing
any such applications during such pause.
B. The pause imposed by this Resolution shall commence as of the date of this Resolution,
and shall expire 180 days thereafter, unless sooner repealed or thereafter extended.
Applications for short-term vacation rental licenses submitted prior to the date of
adoption of this Resolution shall be processed per existing rules and requirements.
C. The City may extend such temporary pause up to 180 additional days by resolution of the
City Commission if the City Commission determines it is necessary in order to protect
and promote the public health, safety, and welfare.
D. This Resolution has no effect on the processing of short-term vacation rental registration
applications that have already been received by the City as of the date of this Resolution
and accepted as administratively complete at the time this Resolution is made effective.
E. Any person aggrieved by the temporary pause under this Resolution may request review
and reconsideration by the City Manager by filing a written notice of appeal with the City
Manager. Any further appeal shall be before the City Commission. Such appeal shall be
taken by filing with the City Clerk a written statement requesting a hearing before the
City Commission and setting forth fully the grounds for the appeal. A hearing shall be
held within thirty (30) days of receipt of the request. Notice of the hearing shall be given
by the City Clerk in writing, setting forth the time and place of the hearing.
F. This Resolution has no effect on new short-term rental vacation applications for property
located in (i) the DDA or (ii) business districts.
G. The City and its consultants will need time to complete the process of analyzing and
potentially addressing the impact of short-term vacation rentals located in residential
districts outside of the DDA for the public health, safety, and general welfare;
H. The pause on short-term vacation rental registrations is being entered into in good faith,
with an expectation of diligence and swift action to address the need.
I. The pause on short-term vacation rental registrations will not deprive any property owner
of the reasonable and lawful use of their property.
J. This Resolution shall become effective immediately.
RECORD OF VOTE:
Yeas: _________________________________________________
Nays: _________________________________________________
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Abstain: _______________________________________________
RESOLUTION DECLARED ADOPTED.
CITY OF MUSKEGON
By___________________________
Ann Marie Meisch, City Clerk
Page 219 of 220
CERTIFICATION
STATE OF MICHIGAN
COUNTY OF MUSKEGON
I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
meeting of the City Commission of the City of Muskegon, Michigan, held on the 12th day of
March, 2024 and that the minutes of the meeting are on file in the office of the City Clerk and
are available to the public. Public notice of the meeting was given pursuant to and in compliance
with Act 267, Public Acts of Michigan, 1976.
______________________________
Ann Marie Meisch, City Clerk
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