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City Council

Regular Meeting

Taylor, MI · September 5, 2023

Agenda

Agenda

TIMOTHY WOOLLEY Mayor City of Taylor CITY COUNCIL DOUGLAS A. GEISS CYNTHIA A. BOWER 23555 GODDARD ROAD Chairman City Clerk Taylor, MI 48180 JILL BRANDANA MICHELLE TOCCO Phone: (734) 287 6550 Chairwoman Pro-Tem Treasurer www.cityoftaylor.com Council Members CHARLEY JOHNSON BUTCH RAMIK LINDSEY ROSE IRA SLAVEN ANGIE WINTON The Regular Council Meeting of the Taylor City Council will be held on Tuesday September 05, 2023 in the Taylor Municipal Building at 23555 Goddard Rd., Taylor, MI to begin promptly at 6:30 PM AGENDA 1. Call to order 2. Invocation 2.1 Moment of silence for Councilman Ira Sherman Slaven. Born on February 1, 1942 and passed away on August 17, 2023. 3. Pledge of Allegiance 4. Roll Call 5. AGENDA AND MINUTES 5.1 Motion to approve the Agenda 5.2 Motion to approve the acceptance of the minutes of the meeting held August 15, 2023 and dispense with oral reading. 2023_08_15 Draft.pdf 6. MAYOR COMMUNICATIONS 6.1 Motion to approve the appointment of Korey Morris to the Veteran Museum for a term to expire on December 7, 2024. 6.2 Motion to approve Petting Farm Assistant Manager Personal Service Contract. Assistant Manager Petting Farm.docx 1 6.3 Motion to approve the Personal Service Contract for Deputy Fire Chief. 7. REGULAR AGENDA 7.1 Motion to approve City of Taylor budget amendment 2024-002 dated September 5, 2023. Budget Amendment 2024-002.pdf 7.2 Motion to approve sending two (2) officers to attend the 2023 Annual Michigan Law Enforcement Accreditation Conference, for an amount not to exceed $700. Funded through Act 302 Michigan Police Training Fund. Accreditation Conference.pdf 7.3 Motion to approve the purchase of sixty-five (65) weapon mounted lights from Michigan Police Equipment, Inc., state bid, for an amount no to exceed $8,710, funded through Federal Forfeiture - Justice. weapon light quotes (3).pdf Bid Summary - PD FLashlights.pdf 7.4 Motion to approve education reimbursements to members of the Police Department through Cleary University for Bachelor of Business Administration in Diversity and Leadership and for Master of Business Administration in Leadership, in the amount of $23,308, funded through ARPA Funds - Police Training. Cleary University Reimbursements.pdf 7.5 Motion to approve Ray O'Herron Co., Inc., sole source, for the purchase of sixty-five (65) Glock 21 Gen 5 Blackhawk Duty Holsters for an amount not to exceed $6,780, funded through Federal Forfeiture - Justice. Quote - Holsters.pdf Sole Source Ray O'Herron Co..pdf 7.6 Motion to approve the contract to provide agreed upon police services to the Taylor Community Development Corporation(TCDC) at the Villages of Taylor properties. TCDC - Taylor Police Services Contract.pdf 7.7 Motion to approve GroundWork0, sole source, for the renewal of Network Switch Maintenance in the amount of $27,471 funded through General Fund IT Contractual Services. GW0_SwitchMaintenance.pdf GW0_SwitchMaintenance_SS.pdf 7.8 Motion to receive & file the Police and Fire Pension Performance Review June 2023. 2023-06-30 Quarterly Supplement.pdf 7.9 Motion to approve Metro Airport Truck, sole source, lowest qualified bidder, invoice for repairs to Engine 3 in an amount not to exceed $6,182. Funded through General Fund-Fire Department-Repairs and Maintenance Account. Metro Truck E-3.pdf Mero Airport Truck- Sole Source.pdf 7.10 Motion to approve Smiley Tire Company, sole source, lowest qualified bidder, for tire 2 purchases in an amount not to exceed $2,163. Funded through General Fund-Fire Department- Repairs and Maintenance. INV-004198.pdf Smiley Tires-Sole Source.pdf 7.11 Motion to approve Pressure Vessel Testing, sole source, lowest qualified bidder, for an annual service and maintenance agreement for compressors at all 3 Fire Stations, in an amount of $5,118. Funded through General Fund, Fire Department, Repair & Maintenance. Pressure Vessel Testing.pdf Pressure Vessel Testing-Sole Source.pdf 7.12 Motion to approve attached fee schedule for the Activities Building located at Heritage Park. Activity Building Heritage Park Rental - Activity Building Rate Sheet (1).pdf 7.13 Motion to approve the attached special license application (MLCC) for the 2023 Hallow- Palooza, hosted at Heritage Park. Certificate Resoultion Authorizing Application for special license.pdf 7.14 Motion to approve De-Cal Inc, low bid, to provide HVAC/R maintenance & repairs for all city owned properties for the 2023/2024 Fiscal Year, for an amount not to exceed $210,000. With the option to renew for up to two (2) additional years. Funded Through TBA Repair and Maintenance. HVAC Detailed Summary 2023 (1).pdf De-Cal (1).pdf 7.15 Motion to receive & file Fairfax Electric, low quote, to perform the needed repairs on the generator located at City Hall, in an amount not to exceed $22,120. Funded through TBA Capital Outlay. Scan-To-PDF-08282023-140343.pdf City Hall ATS Quote.pdf 0714471-TAY003-SQR-082923.pdf Bid Summary - Generator City Hall Repair.pdf 7.16 Motion to approve authorizing the Mayor and City Clerk to sign the Purchase Agreement on behalf of the City of Taylor for the sale of Parcel ID numbers 60-026-02-0075-300, 60-026- 02-0076-300, and 60-026-02-0077-300 for the amount of $200,000. Proceeds go to the General Fund. Vacant Westpoint.pdf 7.17 Motion to approve authorizing the Mayor and City Clerk to sign the Purchase Agreement on behalf of the City of Taylor for the sale of Parcel ID number 60-019-99-0005-000 for the amount of $300,000. Proceeds go to the General Fund. Trolley Industrial Drive.pdf 7.18 Motion to approve setting the Public Hearing for September 19, 2023 to present the Program Year (PY) 2022 Consolidated Annual Performance Evaluation Report (CAPER). 7.19 Motion to approve the 2023 Fall golf rates for Lakes of Taylor and Taylor Meadows Golf Club. 3 2023 Fall Rate Proposal.pdf 7.20 Motion to approve purchase agreement with Motor City Battery for Lakes of Taylor and Taylor Meadows Golf Club for an amount not to exceed $5,000. Funded through Golf Course, Operating expenses. 7.21 Motion to approve Belle Tire for Lakes of Taylor and Taylor Meadows for tire purchases in an amount not to exceed $10,000. Funded through Taylor Meadows and Lakes of Taylor Operating Supplies. 7.22 Motion to approve Data National, for AS400 Hardware Support in the amount of $3,500, funded through General Fund IT Contractual Services. AS400 Hardware Support Quote.pdf AS400 Hardware Support SS.pdf 7.23 Motion to approve Data National, for AS400 Programming Support 200 hours, in the amount of $25,000, funded through General Fund IT Contractual Services. AS400 Hardware Support Quote.pdf AS400 Hardware Support SS.pdf 7.24 Motion to approve Ricoh, sole source, Ricoh PaperCut copier software renewal for an amount of $4,270, funded through General Fund IT Contractual Services. RicohPaperCut_Quote.pdf RicohPaperCut_SS (1).pdf 7.25 Motion to approve TK Elevator Corporation, current elevator maintenance company, for maintenance and all state required inspections in an amount not to exceed $5,971. Funded through TBA Repair and Maintenance Account. Scan-To-PDF-08282023-130703.pdf 7.26 Motion to approve Elite Truck, low bidder, for the purchase of two (2) transit van uplift/cabinets for the Water Customer Service, in an amount not to exceed $9,194. Funded through Water Department Capital Outlay. Bid Summary - cabinets.pdf D5761-Quote.pdf 7.27 Motion to approve the issuance of a Carnival License to St. Alfred's Church, 24175 Baske, for a carnival to be held September 15, 2023 through September 17, 2023. Carnival App - St. Al's.pdf Special event app - redacted.pdf St. Al's Carnival Approval - FD.pdf St. Al's Carnival Approval - PD.pdf 7.28 Motion to receive & file the Administrative Rules on Marihuana Permitting by the City Clerk's Office. Administrative Rules for Marihuana Commercial Businesses.pdf 4 7.29 Motion to approve the first reading to amend Appendix A of the City of Taylor Zoning Ordinance; Article 11, Adult Use Marihuana. Marihuana_Zoning_Amendment__Proposed_Amendments_8-30-23__redlined (1).pdf 7.30 Motion to approve the first reading to amend Chapter 11 of the City of Taylor Code of Ordinances, Marihuana Commercial Businesses. Taylor Commercial Marihuana Ordinance (Amended 8-30-23).pdf 8. OPEN BUSINESS 9. ADJOURNMENT 5 TIM WOOLLEY CITY COUNCIL Mayor City of Taylor DOUGLAS A. GEISS CYNTHIA A. BOWER Chairman City Clerk 23555 GODDARD ROAD JILL BRANDANA MICHELLE TOCCO Taylor, MI 48180 Chairwoman Pro-Tem Treasurer PHONE: (734) 287-6550 CHARLEY JOHNSON www.cityoftaylor.com BUTCH RAMIK LINDSEY ROSE IRA SLAVEN ANGIE WINTON MINUTES The regular meeting of the Taylor City Council was held on Tuesday, August 15, 2023 at 6:30 p.m. in the Taylor Municipal Building at 23555 Goddard Road, Taylor, Michigan. Council Chairman Douglas A. Geiss called the meeting to order. Present: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Also Present: Mayor Woolley, Clerk Cindy Bower, Treasurer Michelle Tocco, Corporation Counsel Ed Plato, Council Secretary Tiarra Swain Excused: Ira Slaven Motion By: Jill Brandana Supported By: Angie Winton Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Nays: None Resolved: To approve the Agenda with the following changes; Item 7.23, Motion to go into closed door session to discuss personnel issues, and removal of Item 7.24. Unanimously carried CCR #: 8.367-23 Motion By: Angie Winton Supported By: Butch Ramik Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Nays: None Resolved: To approve the acceptance of the minutes of the meeting held August 1, 2023 and dispense with oral reading. Unanimously carried CCR #: 8.368-23 Page: 1 6 Motion By: Charley Johnson Supported By: Jill Brandana Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Nays: None Resolved: To approve the demolition of 3 properties by VinCon, Inc. and Adams Group Demolition, for an amount not to exceed $42,008. Funded through Community Development Block Grant. Unanimously carried CCR #: 8.369-23 Motion By: Angie Winton Supported By: Jill Brandana Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Nays: None Resolved: To approve CBTS, for E911 subscription annual renewal for an amount of $7,233. Funded through General Fund IT Contractual Services. Unanimously carried CCR #: 8.370-23 Motion By: Jill Brandana Supported By: Charley Johnson Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Nays: None Resolved: To approve the Planning Director and Manager to attend the 2023 Michigan Association of Planning Conference in Traverse City, MI, for an amount not to exceed $1,430 for conference fee, hotel and parking, funded through Planning Department Training and Transportation. Unanimously carried CCR #: 8.371-23 Motion By: Angie Winton Supported By: Charley Johnson Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Nays: None Resolved: To receive and file the 2023-2028 Capital Improvement Program. Unanimously carried CCR #: 8.372-23 Motion By: Butch Ramik Supported By: Lindsey Rose Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Nays: None Resolved: To approve sending four (4) Police Officers to attend the 2023 Michigan Association of Hostage Negotiators Conference, for an amount not to exceed $1,714, plus out of pocket expenses. Funded through General Fund - Police Training. Unanimously carried CCR #: 8.373-23 Page: 2 7 Motion By: Butch Ramik Supported By: Charley Johnson Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Nays: None Resolved: To approve Chief of Police to sign the agreement between Flock Safety and the Taylor Police Department for Project Prove It 60-day pilot period with no initial costs. Unanimously carried CCR #: 8.374-23 Motion By: Butch Ramik Supported By: Angie Winton Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Nays: None Resolved: To approve Metro Airport Truck invoices for repairs to Engine 1, Engine 2, and Ladder 1 in an amount not to exceed $17,202. Funded through General Fund-Fire Department- Repairs and Maintenance Account. Unanimously carried CCR #: 8.375-23 Motion By: Charley Johnson Supported By: Butch Ramik Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Nays: None Resolved: To approve Global Green Service Group, LLC for NESHAP (National Emission Standards for Hazardous Air Pollutants) Demolition Project surveys for 6816 Wilkie, 6940 Wilkie and 16185 Beech Daly for a total not to exceed $2,400. Funded through CDBG Demolition account. Unanimously carried CCR #: 8.376-23 Motion By: Angie Winton Supported By: Charley Johnson Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana Nays: Lindsey Rose Resolved: To approve authorizing the Mayor to sign a Purchase Agreement on behalf of the City of Taylor for the sale of Parcel ID 60-022-01-0073-000 in the amount of $2,000. Proceeds go to the General Fund. Roll Call Vote 6 – 1 - 0 Motion carried CCR #: 8.377-23 Page: 3 8 Motion By: Angie Winton Supported By: Butch Ramik Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Nays: None Resolved: To approve authorizing the Mayor to sign a Purchase Agreement on behalf of the City of Taylor for the sale of Parcel ID 60-010-02-0091-300 in the amount of $1.00 plus closing costs, for a total not to exceed $1,501. Proceeds go to the General Fund. Unanimously carried CCR #: 8.378-23 Motion By: Charley Johnson Supported By: Angie Winton Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Nays: None Resolved: To approve Community Development Manager to attend the Michigan Community Development Association (MCDA) Fall Conference September 27-29, 2023, in an amount not to exceed $1,500, including registration, hotel, parking, meals, mileage and out-of- pocket expenses. Funded through CDBG Admin Account. Unanimously carried CCR #: 8.379-23 Motion By: Lindsey Rose Supported By: Charley Johnson Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Nays: None Resolved: To approve the 2021 Joint & Crack Sealing Contract Extension for one (1) year to Carr’s Outdoor Services, Inc., current vendor, for work to be completed in the 2023-2024 fiscal year. Funded through Local/Major Street Funds. Unanimously carried CCR #: 8.380-23 Motion By: Jill Brandana Supported By: Angie Winton Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Nays: None Resolved: To approve Wade Trim and Associates, current vendor, to perform 2023 PASER Rating Updates for the City of Taylor for an amount not to exceed $12,600. Funded through Local/Major Street Funds. Unanimously carried CCR #: 8.381-23 Page: 4 9 Motion By: Angie Winton Supported By: Lindsey Rose Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Nays: None Resolved: To approve Wade Trim and Associates, current vendor, to prepare bid documents for the City of Taylor Pavement Markings program for an amount not to exceed $9,800. Funded through Major Street Fund. Unanimously carried CCR #: 8.382-23 Motion By: Butch Ramik Supported By: Charley Johnson Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Nays: None Resolved: To approve ENTA Supply for the annual Sensus Flexnet hosting fees in an amount not to exceed $39,050. Funded through Water Supply Systems Fund. Unanimously carried CCR #: 8.383-23 Motion By: Angie Winton Supported By: Lindsey Rose Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Nays: None Resolved: To approve the City Assessor to transfer all water and sewer charges for accounts which are delinquent for a period of 6 months as of June 30, 2023 to the next available tax roll collection. The Water and Sewer Department is directed to mail official notices for all affected accounts by September 8, 2023. All past due bills not paid by November 3, 2023 shall have a fifteen percent (15%) administrative fee added to the tax bill as entered on the next available roll. Unanimously carried CCR #: 8.384-23 Motion By: Charley Johnson Supported By: Lindsey Rose Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Nays: None Resolved: To approve the purchase and install of two (2) playscapes and one (1) pavilion from KAB sole source, to be installed at Rotary Park and Homestead Park for an amount of $340,048 plus a 5% contingency for an amount not to exceed $357,050. Funded through CDBG Parks Maintenance & Improvements. Interested Parties: A. Stumpmier Interested Parties: M. Sousa Unanimously carried CCR #: 8.385-23 Page: 5 10 Motion By: Butch Ramik Supported By: Lindsey Rose Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Nays: None Resolved: To approve the attached lease agreement between the City of Taylor and The Little Wedding Chapel, for a three (3) year term. Unanimously carried CCR #: 8.386-23 Motion By: Angie Winton Supported By: Butch Ramik Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Nays: None Resolved: To approve the purchase of two (2) Ford F350's from Gorno Ford, State contract holder, for an amount not to exceed $113,457. Funded through TBA Capital Outlay. Unanimously carried CCR #: 8.387-23 Motion By: Charley Johnson Supported By: Lindsey Rose Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Nays: None Resolved: To approve the purchase of a Vermeer tree chipper, from Vermeer, Sourcewell contract holder, for an amount not to exceed $52,934. Funded through TBA Capital Outlay. Unanimously carried CCR #: 8.388-23 Motion By: Angie Winton Supported By: Charley Johnson Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Nays: None Resolved: To receive and file July 2023 Paid Invoice Report. Unanimously carried CCR #: 8.389-23 Motion By: Butch Ramik Supported By: Charley Johnson Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Nays: None Resolved: To receive and file the July 2023 Budget Performance Report. Unanimously carried CCR #: 8.390-23 Page: 6 11 Motion By: Jill Brandana Supported By: Charley Johnson Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Nays: None Resolved: To approve a one (1) year contract renewal with Davies Claims Solutions, LLC, as recommended by Risk Management. Unanimously carried CCR #: 8.391-23 Motion By: Lindsey Rose Supported By: Charley Johnson Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Nays: None Resolved: To approve to go into close door session to discuss personnel issues at 7:25 p.m. Roll Call Vote Unanimously carried CCR #: 8.392-23 Reconvened at 7:37 p.m. Motion By: Angie Winton Supported By: Jill Brandana Ayes: Charley Johnson, Butch Ramik, Angie Winton, Douglas Geiss, Jill Brandana, Lindsey Rose Nays: None Resolved: To approve adjournment at 8:21 p.m. Unanimously carried CCR #: 8.393-23 _____________________________________ ________________________________ Douglas A. Geiss, Chairman Cynthia A. Bower, City Clerk Page: 7 12 Heritage Park Petting Farm Assistant Manager Organization: Heritage Park Petting Farm, City of Taylor Date Posted: City: Taylor Location: Michigan Country: United States Primary Category: Parks & Recreation Salary: $20 Type of Position: Hourly Description The Heritage Park Petting Farm Assistant Manager position is an individual able to support and guide each team member within the farm to achieve the farm’s goals and objectives. Doing this through example setting, customer service excellence and a high standard of animal husbandry. The assistant manager of the farm assists the farm manager to help ensure all team members meet the Farm’s and the City’s standards and expectations consistently. ● Set an example to achieve excellence in customer service and animal care ● Demonstrates leadership skills to meet the farm’s objectives ● Demonstrates a sense of urgency and is action oriented ● Maintain farm safety for staff and customers ● Support farm manager in all phases of farm operation ● Maintain a clean and organized facility ● Communicate and take action with solutions and ideas to improve farm operation ● Demonstrate and support employees to follow farm and city policies and standards ● Support farm manager in school tour marketing, scheduling and performing tours ● Participates in and ensures daily operation is successful, including with farm tours, events, weekend rentals, and daily shifts ● Other duties as assigned Education / Experience ● College and/or equivalent work experience in customer service and animal husbandry ● 1 year of proven leadership skills in work environment Qualifications ● Ability to exercise good judgment and works well with people ● Good sense of time management and order of operations ● Ability to feel comfortable working with money and balance a drawer ● PC literate: Word, Excel and Google Documents ● Ability to provide a high level of customer service ● Must be able to work scheduled shifts that include days, evenings and weekends ● Must be able to work and communicate cooperatively with team members and customers ● Ability to lift 50lbs 13 14 Fiscal Year 2024 Budget Amendment 2024-002, dated 9/5/2023 INCREASE FROM TO (DECREASE) Justification 101 - General Fund Revenue Changes: Recognize revenue based on grant expenditures 101-000-528-000-522-000 ARPA Grant Revenue 2,660,611.00 2,706,120.00 45,509.00 below Total Revenue Changes 2,660,611.00 2,706,120.00 45,509.00 Total Fund Revenue $ 48,326,241.00 $ 48,371,750.00 $ 45,509.00 Appropriation Changes: Purchase of Laptops being considered at current 101-228-970-000-522-000 IT Dept - Capital Outlay ARPA - 5,700.00 5,700.00 meeting Adjust for education reimbursemetn agenda item 101-301-955-204-522-000 Police Dept. - Workshop/Conferences ARPA - 23,308.00 23,308.00 considered for approval at current meeting Account for Mail Machine approved at prior 101-301-981-000-522-000 Police Dept - Vehicles ARPA - 16,501.00 16,501.00 meeting Total Appropriation Changes: - 45,509.00 45,509.00 Total Fund Appropriations $ 48,196,782.00 $ 48,242,291.00 $ 45,509.00 Net Change in Fund Balance 129,459.00 129,459.00 - Estimated Beginning Fund Balance 14,544,250.00 14,544,250.00 - Estimated Ending Fund Balance 14,673,709.00 14,673,709.00 - % of Revenue 30.4% 30.3% 15 Fiscal Year 2024 Budget Amendment 2024-002, dated 9/5/2023 INCREASE FROM TO (DECREASE) Justification 274 - CDBG Fund Revenue Changes: 274-000-522-000-000-000 CDBG Grant Revenue 470,000.00 2,051,229.00 1,581,229.00 Increase Grant for carryover of funds Total Revenue Changes 470,000.00 2,051,229.00 1,581,229.00 Total Fund Revenue $ 470,000.00 $ 2,051,229.00 $ 1,581,229.00 Appropriation Changes: Additional Admin Funds related to carryover of 274-694-800-090-000-000 Housing Rehab Program 51,000.00 162,455.00 111,455.00 grant allocation Additional Admin Funds related to carryover of 274-694-800-840-000-000 Public Services - SubRecipient 70,500.00 205,000.00 134,500.00 grant allocation Additional Admin Funds related to carryover of 274-694-830-000-000-000 Administration 94,000.00 151,084.00 57,084.00 grant allocation Carryover of Funds for Park 274-694-934-195-000-000 Park Repair and Maintenance 206,000.00 209,904.00 3,904.00 Repairs/Improvements Carryover Funds for Homestead/Rotary and 274-694-974-195-000-000 Park Land Improvements - 785,613.00 785,613.00 Heritage park Improvements 274-694-980-000-000-000 Capital Outlay - 118,071.00 118,071.00 Freezer/Generator West Point Road and McGuire Street 274-694-989-055-000-000 Road Improvements 48,500.00 419,102.00 370,602.00 Improvements Total Appropriation Changes: 470,000.00 2,051,229.00 1,581,229.00 Total Fund Appropriations $ 470,000.00 $ 2,051,229.00 $ 1,581,229.00 Net Change in Fund Balance - - - Estimated Beginning Fund Balance - - - Estimated Ending Fund Balance - - - % of Revenue 0.0% 0.0% 16 TAYLOR POLICE DEPARTMENT Training Unit Advance Approval Date: 8/8/23 Officers attending: Program description: Annual Michigan Law Enforcement Accreditation Conference Address: Dates of Training: Registration per Person: $115 Registration fee: $230 Housing per person: $95 Housing fee: $190 Travel cost per person: $50 Travel expense: $100 Meals per person: $88.5 z, Meals: $177 Total costs: $697 Account: # Act 302 Funds. Department approval: 0/2-3 Date Mayor's approval: Date Training approval: tIA g Signature ll5ate Return to Training Council Resolution: yes/no Council Agenda request: Date of Council meeting: Date Warrant requested: Status of Warrant request: 17 \INUAL MICH CAN LAW ENFORCEMENT AC6 NEDITATION LOWE Trainings, Presentations and Discussion Panels $115 302 funding approved Geared Towards Those Who Are... Accreditation Managers and Administrators. Currently involved at any level in the accreditation process. Planning on entering the accreditation process in the future. VVanting to learn more about the Michigan Law Enforcement Accreditation Program. Conference starts at 1:00 p.m. on Tuesday and concludes at 12:00 p.m. on Wednesday. This conference will offer a unique opportunity for the exchange of ideas and to obtain information and advice from departments who have already successfully completed the accreditation process. There will be representatives from accredited agencies, Commission assessors, and experienced Accreditation Managers. 18 19 20 21 QUOTE TABULATION SUMMARY Bid Number: Bid Title: Quick Quote PD Flashlights Comments & Name of Vendor Address Telephone Price Recommendations 6521 Lansing Rd. Charlotte, MI Michigan Police Equipment 517-322-0443 $8,710.00 Low Quote 48813 Amazon $11,446.50 13400 Reeck Rd. Southgate, MI Winder Police Equipment 734-281-6800 $9,555.00 48195 Darin Grabowski Date: 8/30/2023 Time: 10:00 AM PURCHASING AGENT SIGNATURE Pg. 1 + 22 Cleary University 3750 Cleary Drive Howell, MI 48843 Statement and Schedule 08/24/2023 Mir Student ID: RE5559772 Due Date: 07/28/2023 Course Sect. Description Credits Grade Instructor Location Days and Times STR 6200 DH30A Strategic Operation 3.00 A Camp, Andre TBD WED 5:00pm-8:00pm LED 6550 01-132B Leadership and Ethics 3.00 A Abate, Jason TBD WED 5:00pm-8:00pm Total Schedule Credit Hours: 6.00 Due Date: 07/28/2023 Prior Balance: $0.00 Trans Date Term Description Debits Credits Running Total 05/23/2023 SU-23 Public Safety Graduate Tuition $7,800.00 $0.00 $7,800.00 05/23/2023 SU-23 Public Safety Technology Fee $375.00 $0.00 $8,175.00 06/22/2023 SU-23 Refund - Student Check $1,258.00 $0.00 $9,433.00 06/08/2023 SU-23 Diversity, Leadership and Public Safety $0.00 $3,900.00 $5,533.00 05/05/2023 SU-23 Loan Federal Direct UnSubsidized $0.00 $4,148.00 $1,385.00 06/08/2023 SU-23 Presidential-Diversity,Leadership & Public Safety $0.00 $1,385.00 $0.00 * Pending Statement Total: $0.00 Pending Total: ($0.00) Overall Total: $0.00 141143.00 + , • 00 + , C:00 ^ 00 + 33C0 + , 00 1" 3 C;C:P.- 00 + 2 , 3%. 00 + + 93,308-00 23 Cleary University 3750 Cleary Drive Howell, MI 48843 Statement and Schedule 08/23/2023 Student ID: LU6257740 INV Due Date: 07/28/2023 Course Sect. Description Credits Grade Instructor Location Days and Times LED 4900 DH30 Capstone Seminar 3.00 P Bacon, Ryan TBD WED 5:30pm-7:30pm BBA 9999 030 Undergraduate Curricular 0.00 Mayhew, Adam LED 6130 DH30A Leading Effectively Across 3.00 A Franklin, Kajon TBD WED 5:30pm-7:30pm LED 6550 DH3OB Leadership and Ethics 3.00 B Hall, Vickie TBD WED 5:30pm-7:30pm Total Schedule Credit Hours: 9.00 Due Date: 07/28/2023 Prior Balance: $0.00 Trans Date Term Description Debits Credits Running Total 07/13/2023 SU-23 Graduation Fee $100.00 $0.00 $100.00 05/23/2023 SU-23 Public Safety Technology Fee $250.00 $0.00 $350.00 05/23/2023 SU-23 Public Safety UG Tuition $7,210.00 $0.00 $7,560.00 06/08/2023 SU-23 Diversity, Leadership and Public Safety $0.00 $3,605.00 $3,955.00 06/08/2023 SU-23 Presidential-Diversity,Leadership & Public Safety $0.00 $855.00 $3,100.00 05/17/2023 SU-23 Student Credit Card Payment TransExpress $0.00 $750.00 $2,350.00 06/20/2023 SU-23 Student Credit Card Payment TransExpress $aoo $750.00 $1,600.00 07/17/2023 SU-23 Student Credit Card Payment TransExpress $0.00 $750.00 $850.00 08/17/2023 SU-23 Student Credit Card Payment TransExpress $0.00 $750.00 $100.00 * Pending Statement Total: $100.00 Pending Total: ($0.00) Overall Total: $100.00 750-00 + 750.00 + 750-00 + 750-00 + ••• 24 Cleary University 3750 Cleary Drive Howell, MI 48843 Statement and Schedule 08/23/2023 MM. Student ID: MI1633972 Due Date: 07/28/2023 Course Sect. Description Credits Grade Instructor Location Days and Times MGT 3400 0H31 Managing Projects and Processes in 3.00 A Ellis, LaTasha TBD WED 5:30pm-7:30pm MKT 3000 DH31A Transactional Marketing 3.00 A Hall, Jordan TBD WED 5:30pm-7:30pm BUS 3500 DH3OB Strategic Thinking from the Inside 3.00 A Stevenson, Tracy TBD WED 5:30pm-7:30pm Total Schedule Credit Hours: 9.00 Due Date: 07/28/2023 Prior Balance: $0.00 Trans Date Term Description Debits Credits Running Total 05/23/2023 SU-23 Public Safety Technology Fee $250.00 $0.00 $250.00 05/23/2023 SU-23 Public Safety UG Tuition $7,210.00 $0.00 $7,460.00 06/08/2023 SU-23 Diversity, Leadership and Public Safety $0.00 $3,605.00 $3,855.00 05/05/2023 SU-23 Loan Federal Direct Subsidized $0.00 $1,154.00 $2,701.00 05/05/2023 SU-23 Loan Federal Direct Subsidized $0.00 $1,187.00 $1,514.00 05/05/2023 SU-23 Loan Federal Direct UnSubsidized $0.00 $659.00 $855.00 06/08/2023 SU-23 Presidential-Diversity,Leadership & Public Safety $0.00 $855.00 $0.00 * Pending Statement Total: $0.00 Pending Total: ($0.00) Overall Total: $0.00 3000 25 Cleary University 3750 Cleary Drive Howell, MI 48843 Statement and Schedule 08/23/2023 Student ID: AD7600525 Due Date: 07/28/2023 Course Sect. Description Credits Grade Instructor Location Days and Times LED 4900 DH30 Capstone Seminar 3.00 P Bacon, Ryan TBD WED 5:30pm-7:30pm BBA 9999 030 Undergraduate Curricular 0.00 Mayhew, Adam LED 6130 DH30A Leading Effectively Across 3.00 A Franklin, Kajon TBD WED 5:30pm-7:30pm LED 6550 DH3OB Leadership and Ethics 3.00 A Hall, Vickie TBD WED 5:30pm-7:30pm Total Schedule Credit Hours: 9.00 Due Date: 07/28/2023 Prior Balance: $0.00 Trans Date Term Description Debits Credits Running Total 07/13/2023 SU-23 Graduation Fee $100.00 $0.00 $100.00 05/23/2023 SU-23 Public Safety Technology Fee $250.00 $0.00 $350.00 05/23/2023 SU-23 Public Safety UG Tuition $7,210.00 $0.00 $7,560.00 06/08/2023 SU-23 Diversity, Leadership and Public Safety $0.00 $3,605.00 $3,955.00 06/08/2023 SU-23 Loan Federal Direct UnSubsidized $0.00 $3,000.00 $955.00 06/08/2023 SU-23 Presidential-Diversity, Leadership & Public Safety $0.00 $855.00 $100.00 * Pending Statement Total: $100.00 Pending Total: ($0.00) Overall Total: $100.00 26 Cleary University 3750 Cleary Drive Howell, MI 48843 Statement and Schedule 08/23/2023 ME Student ID: LI5010948 Due Date: 07/28/2023 Course Sect. Description Credits Grade Instructor Location Days and Times LED 4900 0H30 Capstone Seminar 3.00 P Bacon, Ryan TBD WED 5:30pm-7:30pm BBA 9999 030 Undergraduate Curricular 0.00 Mayhew, Adam :-: LED 6130 DH30A Leading Effectively Across 3.00 A Franklin, Kajon TBD WED 5:30pm-7:30pm LED 6550 DH3OB Leadership and Ethics 3.00 A Hall, Vickie TBD WED 5:30pm-7:30pm Total Schedule Credit Hours: 9.00 Due Date: 07/28/2023 Prior Balance: $0.00 Trans Date Term Description Debits Credits Running Total 07/13/2023 SU-23 Graduation Fee $100.00 $0.00 $100.00 05/23/2023 SU-23 Public Safety Technology Fee $250.00 $0.00 $350.00 05/23/2023 SU-23 Public Safety UG Tuition $7,210.00 $0.00 $7,560.00 06/08/2023 SU-23 Diversity, Leadership and Public Safety $0.00 $3,605.00 $3,955.00 05/05/2023 SU-23 Loan Federal Direct UnSubsidized $0.00 $3,000.00 $955.00 06/08/2023 SU-23 Presidential-Diversity, Leadership & Public Safety $0.00 $855.00 $100.00 * Pending Statement Total: $100.00 Pending Total: ($0.00) Overall Total: $1.00.00 27 Cleary University 3750 Cleary Drive Howell, MI 48843 Statement and Schedule 08/23/2023 Student ID: NE8270123 Due Date: 07/28/2023 Course Sect. Description Credits Grade Instructor Location Days and Times LED 4900 DH30 Capstone Seminar 3.00 P Bacon, Ryan TBD WED 5:30pm-7:30pm BBA 9999 030 Undergraduate Curricular 0.00 Mayhew, Adam LED 6130 DH30A Leading Effectively Across 3.00 A Franklin, Kajon TBD WED 5:30pm-7:30pm LED 6550 DH3OB Leadership and Ethics 3.00 A Hall, Vickie TBD WED 5:30pm-7:30pm Total Schedule Credit Hours: 9.00 Due Date: 07/28/2023 Prior Balance: $0.00 Trans Date Term Description Debits Credits Running Total 07/13/2023 SU-23 Graduation Fee $100.00 $0.00 $100.00 05/23/2023 SU-23 Public Safety Technology Fee $250.00 $0.00 $350.00 05/23/2023 SU-23 Public Safety UG Tuition $7,210.00 $0.00 $7,560.00 06/08/2023 SU-23 Diversity, Leadership and Public Safety $0.00 $3,605.00 $3,955.00 06/08/2023 SU-23 Presidential-Diversity,Leadership & Public Safety $0.00 $855.00 $3,100.00 04/25/2023 SU-23 Student Credit Card Payment moo $3,000.00 $100.00 * Pending Statement Total: $100.00 Pending Total: ($0.00) Overall Total: $100.00 28 Cleary University 3750 Cleary Drive Howell, MI 48843 Statement and Schedule 08/23/2023 Student ID: RI8941956 Course IMP Sect. Description Credits Grade Instructor Due Date: 07/28/2023 Location Days and Times STR 6200 DH31A Strategic Operation 3.00 A Johnson, Tosha TBD WED 5:00pm-8:00pm MGT 6400 DH3OB Collective Impact 3.00 A Camp, Andre TBD WED 5:00pm-8:00pm Total Schedule Credit Hours: 6.00 Due Date: 07/28/2023 Prior Balance: $0.00 Trans Date Term Description Debits Credits Running Total 05/23/2023 SU-23 Public Safety Graduate Tuition $7,800.00 $0.00 $7,800.00 05/23/2023 SU-23 Public Safety Technology Fee $375.00 $0.00 $8,175.00 06/08/2023 SU-23 Diversity, Leadership and Public Safety $0.00 $3,900.00 $4,275.00 06/08/2023 SU-23 Presidential-Diversity,Leadership & Public Safety $0.00 $1,385.00 $2,890.00 05/07/2023 SU-23 Student Credit Card Payment -="0.-- $0.00 $2,890.00 $0.00 a..41 * Pending Statement Total: $0.00 Pending Total: ($0.00) Overall Total: $0.00 29 Cleary University 3750 Cleary Drive Howell, MI 48843 Statement and Schedule 08/23/2023 Student ID: DI9298609 1111111r Due Date: 07/28/2023 Course Sect. Description Credits Grade Instructor Location Days and Times LED 4900 DH30 Capstone Seminar 3.00 P Bacon, Ryan TBD WED 5:30pm-7:30pm BBA 9999 030 Undergraduate Curricular 0.00 Mayhew, Adam LED 6130 DH30A Leading Effectively Across 3.00 A Franklin, Kajon TBD WED 5:30pm-7:30pm LED 6550 DH3OB Leadership and Ethics 3.00 A- Hall, Vickie TBD WED 5:30pm-7:30pm Total Schedule Credit Hours: 9.00 Due Date: 07/28/2023 Prior Balance: $0.00 Trans Date Term Description Debits Credits Running Total 07/13/2023 SU-23 Graduation Fee $100.00 $0.00 $100.00 05/23/2023 SU-23 Public Safety Technology Fee $250.00 $0.00 $350.00 05/23/2023 SU-23 Public Safety UG Tuition $7,210.00 $0.00 $7,560.00 06/08/2023 SU-23 Diversity, Leadership and Public Safety $0.00 $3,605.00 $3,955.00 05/05/2023 SU-23 Loan Federal Direct Subsidized $0.00 $1,270.00 $2,685.00 05/05/2023 SU-23 Pell $0.00 $2,585.00 $100.00 * Pending Statement Total: $100.00 Pending Total: ($0.00) Overall Total: $100.00 30 3549 N Vermilion St Page 1 of 1 Danville, IL 61832 Quote www.oherron.com Quote # 3166170 rayoherron@oherron.com Customer No: 00-48180PD 1-800-223-2097 Date :8/2/2023 BILL TO: SHIP TO: TAYLOR POLICE DEP TAYLOR POLICE DEP 23515 GODDARD RD 23515 GODDARD RD TAYLOR, MI 48180 TAYLOR, MI 48180 BADGE NO: PAYMENT TERMS: ORDERED BY: ORDER COMMENT: CASH REQUESTED BY CRAIG MCDERMOTT ITEM NO DESCRIPTION QUANTITY PRICE EXT PRICE MAO M990461BKR HOLSTER,L3D RH G21&22G5,M&P 60.00 104.00 6,240.00 M990461BKL HOLSTER,L3D LH G21&22G5,M&P 5.00 104.00 520.00 FREIGHT APPLIED Freight: 20.00 Sales Tax: 0.00 Quote Total: 6,780.00 74(20-003-?Sg 0oo - 006 --01nO Quoted prices are good until 30 days from date of quote or until otherwise noted. If you have questions or are ready to place an order please email orders@oherron.com or call 1-800-223-2097 31 CITY OF TAYLOR SOLE SOURCE JUSTIFICATION FORM INSTRUCTIONS: Complete this entire form, including BOTH SECTIONS I and II for all sole source purchases. Send the completed form to the Budget & Finance Department, Central Purchasing. In compliance with Section 4.11 of the City of Taylor Purchasing Policy, this document shall accompany any sole source request to the City Council as part of council package for review and consideration. Failure to provide the requested information and supporting documentation will most likely result in postponement. If you have any questions, or need additional assistance, contact the Purchasing Office at 734.374.1459 or 734.374.1396. Information is also available at http://www.cityoftaylor.com/purchasing. NOTE: 1. Price is never a basis for a sole source request. 2. Supporting documentation must accompany this form. Requisition Title (or) #: Commodity/service being purchased: 65-Blackhawk duty holsters Proposed purchase price: $ 6780.00 Proposed / Requested Supplier: Ray O'Herron Requested by: LT. J. Adamisin Department: Police Department Date: 08/25/2023 Email/phone #: Jadamisin@ci.taylor.mi.us Sole source justification prepared by: LT. J. Adamisin I. SOLE SOURCE JUSTIFICATION 1. A Sole Source Purchase is available from only one supplier and meets at least one of the following criteria (please check the appropriate boxes): One-of-a-kind- The commodity or service has no competitive product alternatives on the market. 111 Compatibility - The commodity or service matches existing brand of equipment for compatibility. El Replacement part - The commodity is a replacement part for a specific brand of existing equipment. Z Unique design - The commodity or service meets physical design or quality requirements. Professional Service - The service falls under the Purchasing Policy Professional Service Section 4.10. If any of the above apply — Are you aware of other sources (other than the one requested) that could offer the exact brand or service, such as a distributor, third party broker, or reseller? If so, please list possible sources. OR LI Delivery date - ONLY ONE SUPPLIER can meet necessary delivery date requirement for the required quantity on . Emergency - URGENT NEED for the item or service does not permit soliciting competitive bids, as in cases of emergencies, disaster, etc., which was required on 2. Briefly explain what it is about this product or service that only this vendor can meet: Ray O'Herron is the only manufacture and distributor of the Blackhawk L3D holster for the Golck 21 5th eneration oistol that 11 Page 32 CITY OF TAYLOR SOLE SOURCE JUSTIFICATION FORM the department recently upgraded to. This holster is needed to deploy the duty weapons for our officer's. This is the only holster brand manufactured to fit the electronic sight and the rail mounted weapon light that the officer's carry. 21 Page 33 CITY OF TAYLOR SOLE SOURCE JUSTIFICATION FORM 3. Indicate if the product or service has been purchased for this department in the past, the approximate date of purchase, and purchase order number, if known: N/A 4. List the specific important features or specific performance specifications or parameters that make this product or service unique or proprietary, AND indicate specifically why these unique features are important to your department operations: We are required to issue proper fitting holsters for any weapon the department requires officers to carry. We recently upgraded from the Glock 21 4th generation to the Glock 21 5th generation, which we found out is slightly larger in size causing current holsters not to fit correctly. After lengthy research we found out that blackhawk holsters distrubuted by Ray O'Herron is the only place to get a holster configured the way the department requires and safely secures the weapon. 5. List other suppliers generally believed to offer the same or very similar product or service. Indicate if they were contacted for a description and/or price of their product or service. If they were not contacted, indicate why they were omitted. Indicate for each specifically why their product or service is judged to be unacceptable. a) b) c) II. DOCUMENTATION OF PRICE REASONABLENESS Check the box(es) that apply and provide information: 1. E I determined that the price is reasonable for one of the following reasons: (a) El I compared the proposed price to prices I previously paid for the same or similar goods and/or services. See PO# (Specify price: $ ) _ i compared the proposed price to current published catalog, price lists, or market prices as documented in the attachments (attach relevant documentation) and the proposed price is less. I compared the proposal price to similar benchmarks, (e.g., dollars per pound, horsepower, or other units of measure) to identify any gross inconsistencies. Describe comparisons made: Based on my knowledge of the market, my experience of prior similar proposals. Describe basis of market knowledge or reference prior proposals: Being the Deparment armorer and purchasing gun related products for department use for several years. The price is set by law or regulations. Provide reference to law or regulation: The goods or services are available on the market for the same or similar price. Provide reference to market pricing information: 2.E Sections 1 (a) through (f) do not apply. (Purchasing will contact you to discuss price reasonableness before a requisition can be processed.) 3 1 Page 34 CITY OF TAYLOR SOLE SOURCE JUSTIFICATION FORM III. CONFLICT OF INTEREST STATEMENT The Requestor agrees that there is no real or potential Conflict of Interest in recommending this product and/or service as a Sole Source procurement. (NOTE: If you do have a real or potential conflict of interest, please contact the appropriate Purchasing Agent.) As the authorized department official, I certify that the above justification is accurate and complete to the best of my knowledge and belief. Approval , 08/25/2023 Signat of Department Head Date Jeff Adamisin Printed Name 4 1 Page 35 3549 N Vermilion St Page 1 of 1 Danville, IL 61832 Quote RAY www.oherron.com O'HERRON rayoherron@oherron.com Quote # 3166170 Customer No: 00-48180PD 1-800-223-2097 Date: 8/2/2023 BILL TO: SHIP TO: TAYLOR POLICE DEP TAYLOR POLICE DEP 23515 GODDARD RD 23515 GODDARD RD TAYLOR, MI 48180 TAYLOR, MI 48180 BADGE NO: PAYMENT TERMS: ORDERED BY: ORDER COMMENT: CASH REQUESTED BY CRAIG MCDERMOTT ITEM NO DESCRIPTION QUANTITY PRICE EXT PRICE MAO M990461BKR HOLSTER,L3D RH G21&22G5,M&P 60.00 104.00 6,240.00 M990461BKL HOLSTER,L3D LH G21&22G5,M&P 5.00 104.00 520.00 FREIGHT APPLIED Freight: 20.00 Sales Tax: 0.00 Quote Total: 6,780.00 Quoted prices are good until 30 days from date of quote or until otherwise noted. If you have questions or are ready to place an order please email orders@oherron.com or call 1-800-223-2097 36 SHOP ESSENTIAL GEAR VIP SHI > Most Popular 0 HELP CENTER Search... GO HOLSTERS FIND A HOLSTER DUTY HOLSTERS TASER HOLSTERS CONCEALED CARRY HOLSTERS INSIDE' HO HOME > EQUIPMENT > HOLSTERS I DUTY GEAR > HOLSTERS = Filters 4 Results Sort by: Most Popular Blackhawk #LP966 BLACKHAWK! EPOCH LEV j T BEARING DUTY Safariland #LR879 HOLSTER SAFARILAND 7365 7TS ALS/SLS LOW-RIDE LEVEL III RETENTION DUTY HOLSTER **** $118.99 to $127.99 $153.99 to $209.99 GET 15% OFF 37 Safariland #LP791 Safariland #LP957 SAFARILAND 6390 ALS ID RIDE HOLSTER SAFARILAND 6395 LEVEL — 'LSTER ***** $138.99 to $188.99 $145.99 to $187.99 TACTICAL HOLSTERS & GUN HOLSTERS When carrying your firearm or hand gun you must make sure that it is stored in a safe and secure tactical holster. There are many different types of tactical handgun holsters that someone can carry such as leather duty holsters, nylon/synthetic holsters and concealment holsters to name a few. When choosing your duty or concealment holster there are many considerations that go into making the final decision. • Holster construction materials- feather, molded nylon/synthetic or carbon fiber • Weapon retention device • Body location of holster When carrying your firearm, popular styles of holsters are IWB holsters, OWB holsters, shoulder rigs, pocket carry, drop leg holsters and ankle holsters. To help the men and women of law enforcement keep their weapons safe and secure, Galls offers almost 400 different holsters. Whether the assignment is going undercover and needing a concealed holster or if you just need an everyday OWB holster, we have the selection and premium brands that you are looking for. Galls offers brands such as BlackHawk!, 5.11 Tactical and Gould & Goodrich. 38 CONTRACT BETWEEN THE CITY OF TAYLOR AND TAYLOR COMMUNITY DEVELOPMENT CORPORATION This Contract is made and entered into by and between the City of Taylor, hereinafter referred to as the “City” and Taylor Community Development Corporation hereinafter referred to as “TCDC.” PURPOSE TCDC desires that police officers of the City specifically patrol the Villages of Taylor properties. The City desires to provide two police officers for this purpose. SCOPE OF WORK The City is to provide police officers to patrol Villages of Taylor properties, within the City, for a number of hours per week to be determined between TCDC and the City. In addition to patrols, police department shall hold periodic meetings with TCDC Loss Prevention personnel and other services agreed to by both parties. PERIOD OF PERFORMANCE The period of performance under this Contract will be from July 1, 2023 through and including June 30, 2026. The City may, in its sole discretion, terminate the contract upon thirty (30) days written notice and/or if TCDC fails to satisfactorily comply with any term or condition of this Contract. Contract Between The City Of Taylor And Taylor Community Development Corporation Page 1 of 3 39 REIMBURSEMENT In consideration for this service TCDC will reimburse the City an annual amount not to exceed $228,800 for the year ending June 30, 2024, $232,230 for the year ending June 30, 2025 and $235,400 for the year ending June 30, 2026. The hourly rate charged will be determined by the City but may not exceed the rate of a police officer, including benefits (commonly known as the loaded rate). BILLING PROCEDURE AND PAYMENT TCDC will pay the City upon acceptance of services provided and receipt of invoices which shall be submitted to TCDC monthly. Payment is to be made within fifteen (15) days of receipt of the invoice. CONTRACT MANAGEMENT The contract manager for each of the parties shall be the Contract person for all communications and billings regarding the performance of this Contract. For the City: Contract Manager’s Name: Chief of Police or Designee Address, City, State, Zip 23515 Goddard Rd. Taylor, MI 48180 Telephone Number 734-374-1420 E-mail address scopple@ci.taylor.mi.us For TCDC: Contract Manager’s Name: William Epps Address, City, State, Zip: 15850 Court Village Lane Telephone Number: 734-864-4854 E-mail address: wepps@mckinley.com Contract Between The City Of Taylor And Taylor Community Development Corporation Page 2 of 3 40 AGREEMENT This Contract represents all the terms and conditions agreed upon by the parties. No other statements or representations, written or oral, shall be deemed a part hereof. APPROVAL This Contract shall be subject to the written approval of the City’s authorized representative and shall not be binding until so approved. The Contract may be altered, amended, or waived only by a written amendment executed by both parties. This Contract, consisting of two (3) pages and zero (0) attachments is executed by the persons signing below, who warrant they have the authority to execute the Contract. City of Taylor Taylor Community Development Corporation _____________________ ______________________ Title: Title: Date: Date: Contract Between The City Of Taylor And Taylor Community Development Corporation Page 3 of 3 41 42 CITY OF TAYLOR SOLE SOURCE JUSTIFICATION FORM INSTRUCTIONS: Complete this entire form, including BOTH SECTIONS I and II for all sole source purchases. Send the completed form to the Budget & Finance Department, Central Purchasing. In compliance with Section 4.12 of the City of Taylor Purchasing Policy, this document shall accompany any sole source request to the City Council as part of council package for review and consideration. Failure to provide the requested information and supporting documentation will most likely result in postponement. If you have any questions, or need additional assistance, contact the Purchasing Office at 734.374.1459 or 734.374.1396. Information is also available at http://www.cityoftaylor.com/purchasing. NOTE: 1. Price is never a basis for a sole source request. 2. Supporting documentation must accompany this form. Requisition Title (or) #: Network Switch Maintenance Commodity/service being purchased: Hardware Maintenance Proposed purchase price: $ 27,471 Proposed / Requested Supplier: GroundWork0 Requested by: Ryan Moore Department: IT Date: 9/5/2023 Email/phone #: rmoore@ci.taylor.mi.us Sole source justification prepared by: Ryan Moore I. SOLE SOURCE JUSTIFICATION 1. A Sole Source Purchase is available from only one supplier and meets at least one of the following criteria (please check the appropriate boxes): One-of-a-kind- The commodity or service has no competitive product alternatives on the market. Compatibility - The commodity or service matches existing brand of equipment for compatibility. Replacement part - The commodity is a replacement part for a specific brand of existing equipment. Unique design - The commodity or service meets physical design or quality requirements. Professional Service - The service falls under the Purchasing Policy Professional Service Section 4.10. If any of the above apply – Are you aware of other sources (other than the one requested) that could offer the exact brand or service, such as a distributor, third party broker, or reseller? If so, please list possible sources. OR Delivery date - ONLY ONE SUPPLIER can meet necessary delivery date requirement for the required quantity on . Emergency - URGENT NEED for the item or service does not permit soliciting competitive bids, as in cases of emergencies, disaster, etc., which was required on 2. Briefly explain what it is about this product or service that only this vendor can meet: GroundWork0 is the city’s network switch preferred vendor. 1| P a g e 43 CITY OF TAYLOR SOLE SOURCE JUSTIFICATION FORM 3. Indicate if the product or service has been purchased for this department in the past, the approximate date of purchase, and purchase order number, if known: 4. List the specific important features or specific performance specifications or parameters that make this product or service unique or proprietary, AND indicate specifically why these unique features are important to your department operations: Preferred vendor with institutional knowledge of network. 5. List other suppliers generally believed to offer the same or very similar product or service. Indicate if they were contacted for a description and/or price of their product or service. If they were not contacted, indicate why they were omitted. Indicate for each specifically why their product or service is judged to be unacceptable. a) b) c) II. DOCUMENTATION OF PRICE REASONABLENESS Check the box(es) that apply and provide information: 1. I determined that the price is reasonable for one of the following reasons: (a) I compared the proposed price to prices I previously paid for the same or similar goods and/or services. See PO# (Specify price: $ ) (b) I compared the proposed price to current published catalog, price lists, or market prices as documented in the attachments (attach relevant documentation) and the proposed price is less. (c) I compared the proposal price to similar benchmarks, (e.g., dollars per pound, horsepower, or other units of measure) to identify any gross inconsistencies. Describe comparisons made: (d) Based on my knowledge of the market, my experience of prior similar proposals. Describe basis of market knowledge or reference prior proposals: Price per device is a fair amount. (e) The price is set by law or regulations. Provide reference to law or regulation: (f) The goods or services are available on the market for the same or similar price. Provide reference to market pricing information: 2. Sections 1 (a) through (f) do not apply. (Purchasing will contact you to discuss price reasonableness before a requisition can be processed.) 2| P a g e 44 CITY OF TAYLOR SOLE SOURCE JUSTIFICATION FORM III. CONFLICT OF INTEREST STATEMENT The Requestor agrees that there is no real or potential Conflict of Interest in recommending this product and/or service as a Sole Source procurement. (NOTE: If you do have a real or potential conflict of interest, please contact the appropriate Purchasing Agent.) As the authorized department official, I certify that the above justification is accurate and complete to the best of my knowledge and belief. Approval: _____________________________________________ 9/5/2023 Signature of Department Head Date Ryan Moore Printed Name 3| P a g e 45 <CBDoc TenantId="2" EntityTypeId="3100" EntityId="1487" DocumentTypeId="1" EffectiveDate="06/30/2023" Interval="3" Description="Supplemental Quarterly Report" /> Investment Performance Review Period Ending June 30, 2023 Taylor Police & Fire Retirement System 46 Asset Allocation Summary Taylor Police & Fire Total Fund As of June 30, 2023 Jun-2023 : $135,968,529 Allocation Market Value Allocation ¢ Fidelity Lrg Cap Gro Idx (FSPGX) 19,616,448 14.4 ¢ Newsouth Cap All Cap Value 11,912,244 8.8 ¢ PNC Large Cap Value 13,924,010 10.2 ¢ Fidelity Mid Cap Index (FSMDX) 12,348,325 9.1 ¢ Champlain Small Co 2,514,127 1.8 ¢ Federated MDT Small Cap Core (QISCX) 4,601,496 3.4 ¢ Brandywine Large Cap Value 12,431,627 9.1 ¢ Fidelity 500 Index Institutional (FXAIX) 7,721,407 5.7 ¢ First Eagle Glol Val Fund 6,282,632 4.6 ¢ WCM Focused Int'l Growth 7,931,065 5.8 ¢ PNC Core Fixed Income 5,189,638 3.8 ¢ PNC Hi Yield Fixed (PIHBX) 165,470 0.1 Fidelity Lrg Cap Gro Idx (FSPGX) 14.4% ¢ Bloomfield Cap Inc Fund II 58,378 0.0 ¢ Bloomfield Cap Inc Fund III 1,040,302 0.8 ¢ Bloomfield Cap Inc Fund V-A 502,747 0.4 ¢ Bloomfield Cap Inc Fund V-B 2,195,991 1.6 Newsouth Cap All Cap Value 8.8% Metropolitan RE Secondaries 0.6% ¢ Bloomfield Cap Inc Fund V-C 143,060 0.1 Bloomfield Cap Inc Fund V-C 0.1% Bloomfield Cap Inc Fund V-B 1.6% ¢ Metropolitan RE Secondaries 778,563 0.6 Bloomfield Cap Inc Fund V-A 0.4% ¢ American Strategic Val Realty 2,929,101 2.2 Bloomfield Cap Inc Fund III 0.8% Bloomfield Cap Inc Fund II 0.0% PNC Large Cap Value 10.2% ¢ TA Realty Core Property 9,383,129 6.9 PNC Hi Yield Fixed (PIHBX) 0.1% ¢ Abbott Secondary Opportunites II LP 3,008,988 2.2 PNC Core Fixed Income 3.8% WCM Focused Int'l Growth 5.8% ¢ Sturbridge Diversified III 714,183 0.5 First Eagle Glol Val Fund 4.6% ¢ Terracap Partners V LP 4,233,270 3.1 Fidelity Mid Cap Index (FSMDX) 9.1% Fidelity 500 Index Institutional (FXAIX) 5.7% Champlain Small Co 1.8% ¢ Portfolio Advisors Secondary Fund IV 4,735,284 3.5 Brandywine Large Cap Value 9.1% Federated MDT Small Cap Core (QISCX) 3.4% ¢ Cash Account 1,587,635 1.2 ¢ Commingled Fund Cash 19,408 0.0 Page 1 47 Asset Allocation Summary Taylor Police & Fire Total Fund As of June 30, 2023 Asset Allocation vs. Target Allocation Total Domestic Equity Composite -1.4 % Total International/Global Equity 2.5% Total Fixed Income Composite 0.8% Total Real Estate Composite 2.7% Total Private Equity Composite -3.8 % Total Cash Composite -0.8 % -8.0 % -6.0 % -4.0 % -2.0 % 0.0% 2.0% 4.0% 6.0% Allocation Differences Asset Allocation vs. Target Allocation Market Value$ Allocation (%) Target (%) Total Domestic Equity Composite 85,069,683 62.6 64.0 Total International/Global Equity 14,213,697 10.5 8.0 Total Fixed Income Composite 9,295,586 6.8 6.0 Total Real Estate Composite 17,324,064 12.7 10.0 Total Private Equity Composite 8,458,455 6.2 10.0 Total Cash Composite 1,607,043 1.2 2.0 Total Fund 135,968,529 100.0 100.0 Page 2 48 Financial Reconciliation Total Fund 1 Quarter Ending June 30, 2023 Financial Reconciliation Market Value Net Contribution Management Other Apprec./ Market Value Distributions Income 04/01/2023 Transfers s Fees Expenses Deprec. 06/30/2023 Total Domestic Equity Composite 81,499,207 -1,168,944 - - -83,690 -11,689 320,037 4,514,762 85,069,683 Fidelity Lrg Cap Gro Idx (FSPGX) - 18,752,483 - - - - 37,972 825,993 19,616,448 Alger Large Cap Growth 10,212,649 -10,796,447 - - -24,573 - 11,088 597,283 - Brown Large Cap Growth 7,837,630 -7,909,136 - - -24,960 - 7,359 89,107 - PNC Large Cap Value 13,392,621 - - - - -11,689 82,711 460,366 13,924,010 Newsouth Capital All Cap Value 11,092,436 20,797 - - -20,797 - 29,297 790,510 11,912,244 Fidelity Mid Cap Index (FSMDX) 11,938,447 -150,000 - - - - 38,464 521,415 12,348,325 Brandywine Large Cap Value 12,109,212 13,359 - - -13,359 - 82,516 239,899 12,431,627 Champlain Small Company (CIPNX) 2,387,326 - - - - - - 126,801 2,514,127 Federated MDT Small Cap Core (QISCX) 4,381,749 - - - - - - 219,747 4,601,496 Fidelity 500 Index Institutional (FXAIX) 8,147,136 -1,100,000 - - - - 30,630 643,641 7,721,407 Total International Equity Composite 13,733,325 - - - - - - 480,373 14,213,697 First Eagle Global Value Fund 6,086,744 - - - - - - 195,888 6,282,632 WCM Focused Int'l Growth Fund LP 7,646,580 - - - - - - 284,485 7,931,065 Total Fixed Income Composite 9,426,996 -179,514 - - - - 113,591 -65,488 9,295,586 PNC Core Fixed Income 5,203,520 2,658 - - - - 44,321 -60,861 5,189,638 PNC High Yield Fixed Income (PIHBX) 166,890 -2,658 - - - - 2,658 -1,420 165,470 Total Non-Core Fixed Composite 4,056,586 -179,514 - - - - 66,612 -3,206 3,940,478 Bloomfield Capital Income Fund II 59,826 - - - - - - -1,448 58,378 Bloomfield Capital Income Fund III 1,159,600 -135,373 - - - - 16,742 -668 1,040,302 Bloomfield Capital Income Fund V Series - A 612,529 -109,439 - - - - 6,868 -7,211 502,747 Bloomfield Capital Income Fund V Series - B 2,185,665 -35,718 - - - - 41,683 4,362 2,195,991 Bloomfield Capital Income Fund V Series - C 38,966 101,015 - - - - 1,320 1,759 143,060 Total Real Estate Composite 17,808,182 -303,402 - - -26,510 - 25,734 -179,941 17,324,064 Metropolitan Real Estate Partners Secondaries & Co-Investments Fund, L.P. 778,563 - - - - - - - 778,563 American Strategic Value Realty 2,996,702 - - - -9,360 - 9,157 -67,397 2,929,101 TA Realty Core Property Fund LP 9,799,647 -303,402 - - -17,149 - 16,577 -112,544 9,383,129 Terracap Partners V LP 4,233,270 - - - - - - - 4,233,270 Total Private Equity Composite 7,461,633 1,016,773 - - -19,951 - 11,948 -11,948 8,458,455 Abbott Secondary Opportunites II LP 2,158,988 869,951 - - -19,951 - 4,609 -4,609 3,008,988 Portfolio Advisors Secondary Fund IV 4,588,462 146,822 - - - - - - 4,735,284 Sturbridge Diversified III 714,183 - - - - - 7,338 -7,338 714,183 Total Cash Composite 2,773,352 635,087 2,277,336 -4,062,698 - -63,966 45,191 2,742 1,607,043 Cash Account 2,773,350 619,446 2,277,336 -4,062,698 - -63,966 41,426 2,742 1,587,635 Cash Account from Commingled Fund 2 15,642 - - - - 3,765 - 19,408 Total Fund Composite 132,702,694 - 2,277,336 -4,062,698 -130,150 -75,655 516,501 4,740,500 135,968,529 Page 3 49 Comparative Performance Total Fund As of June 30, 2023 Comparative Performance Inception QTR 1 YR 3 YR 5 YR 7 YR 10 YR Inception Date Total Fund Composite (Gross) 4.01 (15) 11.00 (13) 9.78 (12) 7.60 (13) 9.28 (4) 9.24 (2) 7.85 (32) 04/01/2003 Total Fund Policy 5.75 (1) 13.06 (2) 9.90 (11) 8.79 (4) 9.85 (2) 9.25 (2) 9.04 (2) Difference -1.74 -2.06 -0.12 -1.19 -0.57 -0.01 -1.19 All Public Plans-Total Fund Median 3.04 8.85 7.66 6.59 7.58 7.29 7.63 Total Fund Composite (Net) 3.91 10.61 9.40 7.21 8.86 8.79 7.51 04/01/2008 Total Fund Policy 5.75 13.06 9.90 8.79 9.85 9.25 7.79 Difference -1.84 -2.45 -0.50 -1.58 -0.99 -0.46 -0.28 Total Domestic Equity Composite 6.36 16.66 11.76 8.49 10.63 10.55 8.82 04/01/2008 Total Domestic Equity Policy 8.39 18.95 13.89 10.90 12.75 12.04 10.12 Difference -2.03 -2.29 -2.13 -2.41 -2.12 -1.49 -1.30 Total International/Global Equity 3.50 16.86 7.09 6.03 6.60 6.43 4.49 04/01/2008 Total International Equity Policy 2.44 12.72 7.22 3.52 6.32 4.75 2.74 Difference 1.06 4.14 -0.13 2.51 0.28 1.68 1.75 Total Fixed Income Composite 0.52 3.68 1.85 3.66 4.18 N/A 4.45 07/01/2014 Total Fixed Income Policy -0.81 -0.10 -2.46 1.37 0.98 1.56 1.42 Difference 1.33 3.78 4.31 2.29 3.20 N/A 3.03 Total Real Estate Composite -0.88 -2.99 11.34 9.34 10.23 N/A 11.02 07/01/2014 Total Real Estate Policy -2.68 -9.97 7.99 6.50 6.97 8.74 8.31 Difference 1.80 6.98 3.35 2.84 3.26 N/A 2.71 Returns for periods greater than one year are annualized. Returns are expressed as percentages. Page 4 50 Comparative Performance Total Fund As of June 30, 2023 Inception QTR 1 YR 3 YR 5 YR 7 YR 10 YR Inception Date Total Domestic Equity Composite 6.36 16.66 11.76 8.49 10.63 10.55 8.82 04/01/2008 Fidelity Lrg Cap Gro Idx (FSPGX) N/A N/A N/A N/A N/A N/A N/A 06/01/2023 Russell 1000 Growth Index 12.81 (43) 27.11 (32) 13.73 (10) 15.14 (10) 16.91 (13) 15.74 (9) 6.84 (28) Difference N/A N/A N/A N/A N/A N/A N/A IM U.S. Large Cap Growth Equity (MF) Median 12.44 25.26 10.46 12.58 14.78 13.94 6.45 PNC Large Cap Value 4.06 (54) 13.01 (46) 13.81 (79) 7.92 (82) 9.02 (89) 9.70 (72) 9.63 (69) 06/01/2013 Russell 1000 Value Index 4.07 (54) 11.54 (63) 14.30 (72) 8.11 (79) 8.94 (90) 9.22 (86) 9.04 (85) Difference -0.01 1.47 -0.49 -0.19 0.08 0.48 0.59 IM U.S. Large Cap Value Equity (SA+CF) Median 4.27 12.62 15.64 9.43 10.74 10.26 10.08 Newsouth Capital All Cap Value 7.39 (13) 18.13 (20) 11.59 (94) 6.93 (74) 7.45 (96) 8.45 (87) 9.89 (88) 08/01/2012 Russell 3000 Value Index 4.03 (57) 11.22 (67) 14.38 (79) 7.79 (60) 8.87 (81) 9.09 (77) 10.46 (80) Difference 3.36 6.91 -2.79 -0.86 -1.42 -0.64 -0.57 IM U.S. Value Equity (SA+CF) Median 4.33 13.46 16.75 8.38 10.43 10.05 11.48 Fidelity Mid Cap Index (FSMDX) 4.75 (53) 14.97 (41) N/A N/A N/A N/A -3.93 (90) 12/01/2021 Russell Midcap Index 4.76 (53) 14.92 (44) 12.50 (87) 8.46 (48) 10.12 (52) 10.32 (33) -3.95 (90) Difference -0.01 0.05 N/A N/A N/A N/A 0.02 IM U.S. Mid Cap Core Equity (MF) Median 4.85 14.24 14.89 8.32 10.17 9.98 0.87 Brandywine Large Cap Value 2.66 (81) 12.15 (57) 15.80 (48) 10.38 (33) N/A N/A 10.99 (23) 04/01/2017 Russell 1000 Value Index 4.07 (54) 11.54 (63) 14.30 (72) 8.11 (79) 8.94 (90) 9.22 (86) 7.79 (88) Difference -1.41 0.61 1.50 2.27 N/A N/A 3.20 IM U.S. Large Cap Value Equity (SA+CF) Median 4.27 12.62 15.64 9.43 10.74 10.26 9.58 Champlain Small Company (CIPNX) 5.31 (23) 18.24 (8) 9.68 (91) N/A N/A N/A 7.02 (63) 11/01/2019 Russell 2000 Index 5.21 (26) 12.31 (49) 10.82 (86) 4.21 (67) 8.76 (43) 8.26 (48) 6.71 (67) Difference 0.10 5.93 -1.14 N/A N/A N/A 0.31 IM U.S. Small Cap Core Equity (MF) Median 3.95 12.22 14.77 5.01 8.56 8.19 7.81 Federated MDT Small Cap Core (QISCX) 5.02 (32) 9.91 (67) 13.48 (66) N/A N/A N/A 7.23 (48) 12/01/2019 Russell 2000 Index 5.21 (26) 12.31 (49) 10.82 (86) 4.21 (67) 8.76 (43) 8.26 (48) 5.67 (70) Difference -0.19 -2.40 2.66 N/A N/A N/A 1.56 IM U.S. Small Cap Core Equity (MF) Median 3.95 12.22 14.77 5.01 8.56 8.19 7.02 Fidelity 500 Index Institutional (FXAIX) 8.74 (39) 19.58 (46) N/A N/A N/A N/A -0.01 (45) 12/01/2021 S&P 500 Index 8.74 (39) 19.59 (46) 14.60 (38) 12.31 (45) 13.38 (49) 12.86 (47) 0.01 (45) Difference 0.00 -0.01 N/A N/A N/A N/A -0.02 IM U.S. Large Cap Core Equity (MF) Median 8.49 19.32 14.18 12.17 13.35 12.78 -0.33 Returns for periods greater than one year are annualized. Returns are expressed as percentages. Page 5 51 Comparative Performance Total Fund As of June 30, 2023 Inception QTR 1 YR 3 YR 5 YR 7 YR 10 YR Inception Date Total International/Global Equity 3.50 16.86 7.09 6.03 6.60 6.43 4.49 04/01/2008 First Eagle Global Value Fund 3.22 (67) 13.85 (58) 10.17 (38) 6.45 (57) 6.90 (75) 6.70 (71) 7.61 (68) 03/01/2010 MSCI AC World Index 6.35 (27) 17.13 (36) 11.51 (26) 8.64 (25) 10.50 (27) 9.31 (30) 9.35 (39) Difference -3.13 -3.28 -1.34 -2.19 -3.60 -2.61 -1.74 MSCI AC World Index Value 3.24 (67) 10.83 (73) 12.63 (18) 5.94 (67) 7.85 (64) 6.96 (69) 7.44 (71) Difference -0.02 3.02 -2.46 0.51 -0.95 -0.26 0.17 IM Global Equity (MF) Median 4.73 15.09 9.06 6.80 8.86 8.15 8.70 WCM Focused Int'l Growth Fund LP 3.72 (20) 19.35 (14) 6.96 (75) N/A N/A N/A 9.00 (1) 09/01/2018 MSCI AC World ex USA (Net) 2.44 (70) 12.72 (81) 7.22 (71) 3.52 (52) 6.32 (49) 4.75 (69) 3.59 (54) Difference 1.28 6.63 -0.26 N/A N/A N/A 5.41 MSCI EAFE Growth Index 2.94 (51) 20.61 (7) 6.62 (82) 5.80 (5) 7.79 (4) 6.81 (4) 5.62 (5) Difference 0.78 -1.26 0.34 N/A N/A N/A 3.38 IM International Multi-Cap Core Equity (MF) Median 2.95 16.36 8.12 3.55 6.31 5.07 3.68 Total Fixed Income Composite 0.52 3.68 1.85 3.66 4.18 N/A 4.45 07/01/2014 Total PNC Fixed Income Composite -0.28 (27) 1.46 (11) -1.55 (28) 2.00 (10) 1.52 (16) 1.91 (36) 3.32 (45) 04/01/2003 Bloomberg Intermediate US Govt/Credit Idx -0.81 (91) -0.10 (80) -2.46 (91) 1.23 (85) 0.76 (94) 1.41 (91) 2.81 (95) Difference 0.53 1.56 0.91 0.77 0.76 0.50 0.51 IM U.S. Intermediate Duration (SA+CF) Median -0.51 0.44 -2.00 1.53 1.12 1.78 3.30 Total Real Estate Composite -0.88 -2.99 11.34 9.34 10.23 N/A 11.02 07/01/2014 American Strategic Value Realty -1.94 (55) -7.17 (24) 8.71 (25) 8.20 (12) 9.23 (12) N/A 9.15 (N/A) 06/01/2016 NCREIF Fund Index-ODCE (VW) -2.68 (70) -9.97 (53) 7.99 (53) 6.50 (59) 6.97 (62) 8.74 (65) 7.20 (N/A) Difference 0.74 2.80 0.72 1.70 2.26 N/A 1.95 IM U.S. Open End Private Real Estate (SA+CF) Median -1.80 -9.86 8.17 6.97 7.35 9.23 N/A TA Realty Core Property Fund LP -1.01 (12) -5.39 (21) N/A N/A N/A N/A 15.61 (N/A) 05/01/2021 NCREIF Fund Index-ODCE (VW) -2.68 (70) -9.97 (53) 7.99 (53) 6.50 (59) 6.97 (62) 8.74 (65) 9.27 (N/A) Difference 1.67 4.58 N/A N/A N/A N/A 6.34 IM U.S. Open End Private Real Estate (SA+CF) Median -1.80 -9.86 8.17 6.97 7.35 9.23 N/A Returns for periods greater than one year are annualized. Returns are expressed as percentages. Page 6 52 Comparative Performance - IRR Total Fund As of June 30, 2023 Comparative Performance - IRR Inception QTD 1 YR 3 YR Inception Date Bloomfield Capital Income Fund II -2.42 -22.95 1.42 5.78 11/17/2014 Bloomfield Capital Income Fund III 1.52 8.00 7.51 9.13 11/27/2015 Bloomfield Capital Income Fund V Series - A -0.06 5.61 10.75 11.04 12/21/2018 Bloomfield Capital Income Fund V Series - B 2.13 8.27 N/A 7.84 04/20/2021 Bloomfield Capital Income Fund V Series - C 4.36 N/A N/A -2.12 03/31/2023 Metropolitan Real Estate Partners Secondaries & Co-Investments Fund, L.P. 0.00 -4.90 0.90 6.31 12/30/2015 Abbott Secondary Opportunites II LP -0.82 0.11 N/A 32.24 07/23/2021 Portfolio Advisors Secondary Fund IV 0.00 -4.28 N/A 13.18 08/09/2021 Sturbridge Diversified III 0.00 N/A N/A -2.57 12/16/2022 Terracap Partners V LP 0.00 6.25 N/A 8.73 05/03/2022 Page 7 53 Disclosures AndCo compiled this report for the sole use of the client for which it was prepared. AndCo is responsible for evaluating the performance results of the Total Fund along with the investment advisors by comparing their performance with indices and other related peer universe data that is deemed appropriate. AndCo uses the results from this evaluation to make observations and recommendations to the client. AndCo uses time-weighted calculations which are founded on standards recommended by the CFA Institute. The calculations and values shown are based on information that is received from custodians. AndCo analyzes transactions as indicated on the custodian statements and reviews the custodial market values of the portfolio. As a result, this provides AndCo with a reasonable basis that the investment information presented is free from material misstatement. This methodology of evaluating and measuring performance provides AndCo with a practical foundation for our observations and recommendations. Nothing came to our attention that would cause AndCo to believe that the information presented is significantly misstated. This performance report is based on data obtained by the client’s custodian(s), investment fund administrator, or other sources believed to be reliable. While these sources are believed to be reliable, the data providers are responsible for the accuracy and completeness of their statements. Clients are encouraged to compare the records of their custodian(s) to ensure this report fairly and accurately reflects their various asset positions. The strategies listed may not be suitable for all investors. We believe the information provided here is reliable, but do not warrant its accuracy or completeness. Past performance is not an indication of future performance. Any information contained in this report is for informational purposes only and should not be construed to be an offer to buy or sell any securities, investment consulting, or investment management services. Additional information included in this document may contain data provided by from index databases, public economic sources and the managers themselves. This document may contain data provided by Bloomberg Barclays. Bloomberg Barclays Index data provided by way of Barclays Live. This document may contain data provided by Standard and Poor’s. Nothing contained within any document, advertisement or presentation from S&P Indices constitutes an offer of services in jurisdictions where S&P Indices does not have the necessary licenses. All information provided by S&P Indices is impersonal and is not tailored to the needs of any person, entity or group of persons. Any returns or performance provided within any document is provided for illustrative purposes only and does not demonstrate actual performance. Past performance is not a guarantee of future investment results. This document may contain data provided by MSCI, Inc. Copyright MSCI, 2017. Unpublished. All Rights Reserved. This information may only be used for your internal use, may not be reproduced or redisseminated in any form and may not be used to create any financial instruments or products or any indices. This information is provided on an “as is” basis and the user of this information assumes the entire risk of any use it may make or permit to be made of this information. Neither MSCI, any of its affiliates or any other person involved in or related to compiling, computing or creating this information makes any express or implied warranties or representations with respect to such information or the results to be obtained by the use thereof, and MSCI, its affiliates and each such other person hereby expressly disclaim all warranties (including, without limitation, all warranties of originality, accuracy, completeness, timeliness, non-infringement, merchantability and fitness for a particular purpose) with respect to this information. Without limiting any of the foregoing, in no event shall MSCI, any of its affiliates or any other person involved in or related to compiling, computing or creating this information have any liability for any direct, indirect, special, incidental, punitive, consequential or any other damages (including, without limitation, lost profits) even if notified of, or if it might otherwise have anticipated, the possibility of such damages. This document may contain data provided by Russell Investment Group. Russell Investment Group is the source owner of the data contained or reflected in this material and all trademarks and copyrights related thereto. The material may contain confidential information and unauthorized use, disclosure, copying, dissemination or redistribution is strictly prohibited. This is a user presentation of the data. Russell Investment Group is not responsible for the formatting or configuration of this material or for any inaccuracy in presentation thereof. This document may contain data provided by Morningstar. All rights reserved. Use of this content requires expert knowledge. It is to be used by specialist institutions only. The information contained herein: (1) is proprietary to Morningstar and/or its content providers; (2) may not be copied, adapted or distributed; and (3) is not warranted to be accurate, complete or timely. Neither Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information, except where such damages or losses cannot be limited or excluded by law in your jurisdiction. Past financial performance is not guarantee of future results. 54 Page 8 Clients first. CHICAGO | CLEVELAND | DALLAS | DETROIT | ORLANDO | PITTSBURGH | RENO 55 CUSTOMER #: TF3782 565053 UNIT# 3 INVOICE 13385 Inkster Road 4Taylor, Michigan 48180 TAYLOR FIRE DEPARTMENT Phone (734) 941-1801 fax (734) 941-9120 23345 GODDARD ROAD TAYLOR, MI 48180 PAGE 1 HOME: CONT:734-374-1355 BUS: 734-374-1355 CELL: SERVICE ADVISOR: 266 GARETT EVES COLOR YEAR MAKE/MODEL VIN LICENSE MILEAGE IN/ OUT TAG 16 PIERCE FIRE TRUCK 4P1BAAFF4GA016060 57712/57712 T3 DEL DATE PROD DATE WARR EXP. PROMISED PO NO. RATE PAYMENT INV. DATE 01JAN16 DE 17:00 17JUL23 170.00 CHG 03AUG23 R.O. OPENED READY OPTIONS: 17JUL23 03AUG23 LINE OPCODE TECH TYPE HOURS LIST NET TOTAL A C/S COOLANT RESERVOIR IS CRACKED C/A MM MISCELLANEOUS GENERAL REPAIR(S) 550 CT2 3.00 t -3 99 CT2 9.00 12.00 2040.00 2040.00 1 923978.0852 RADIATOR CAP 20.14 20.14 20.14 PARTS: 20.14 LABOR: 2040.00 OTHER: 0.00 TOTAL LINE A: 2060.14 57712 INSPECT UNIT AND FOUND POWER STEERING RESERVOIR BRACKET BROKE IN HALF. TRIED TO ORDER BRACKET BUT ITS ON NATIONAL BACK ORDER. REMOVED BRACKET AND MADE A NEW BRACKET OUT OF STEEL. WELDED TWO GUSSETS ON NEW BRACKET TO REINFORCE IT. **************************************************** B INSPECT AIR COMP AND ADVISE MM MISCELLANEOUS GENERAL REPAIR(S) 466 LONG,DAVID LIC#: M262519 CT2 9.50 390 PARRAGHI,ALEXANDER LIC#: M270814 CT2 2.00 11.50 1955.00 1955.00 1 5473184RX KIT,AIR COMPRESSOR 2034.14 2034.14 2034.14 CORE CHARGE C 125.00 125.00 1 4988280 GASKET,HYDRAULIC PUMP 5.26 5.26 5.26 1 5440813 GASKET,ACC DRIVE SUPPORT 20.36 20.36 20.36 1 C531512 FITTING 10.24 5.02 5.02 2 4620 PEN-NON/CHL/BRA/CLE/140Z BRAKE CLEAN 7.22 4.91 9.82 -1 5473184RX CORE RETURN 125.00 125.00 -125.00 PARTS: 2074.60 LABOR: 1955.00 OTHER: 0.00 TOTAL LINE B: 4029.60 57712 FOUND AIR COMPRESSOR HEAD GASKET LEAKING COOLANT. DRAINED COOLANT. REMOVED POWER STEERING PUMP. REMOVED AND REPLACED AIR COMPRESSOR AND GASKET. INSTALLED NEW POWER STEERING PUMP GASKET, REFILLED COOLANT. REPLACED COOLANT CAP PER REQUEST. TESTEDr NO LEAKS CUSTOMER PAY MISC SUPPLIES FOR EPAIR ORDER 91.35 ALL PARTS NEW UNLESS OTHERWISE SPECIFIED ORIGINAL ESTIMATE SUMMARY DESCRIPTION TOTALS SHOP SUPPLIES - A TOKEN CHARGE IS INCLUDED FOR SUPPLIES USED ON YOUR VEHICLE. APPLICABLE SUPPLIES PARTS LABOR TOTAL LABOR AMOUNT 3995.00 ITEMS ARE: NUTS, BOLTS, WASHERS, TAPE, PINS, SPRAYS, AUTHORIZED ADDITIONS PARTS AMOUNT 2094.74 SHELLAC, SOLVENT, RAGS, CLEANERS, TOWELS, SOLDER, ETC. PARTS LABOR TOTAL GAS, OIL, LUBE 0.00 REPAIRS PROPERLY COMPLETED AND CHECKED BY DEALER REG. NO. SUBLET AMOUNT 0.00 X MISC. CHARGES 91.35 DISCLAIMER OF WARRANTIES 1all respect TOTAL CHARGES 6181.09 giepAVE, granArATI. WARRAN' TI1ES. YOM; X0121 124?MilITIE13.161N3&VCSIAVAU0V(MPITE-15 CHAM EN R1ISEERSa tATFAISFINYN\ LESS INSURANCE 0 . 00 OR FITNESS FOR A PARTICULAR PURPOSE, FOR CONSEQUENTIALOR INCIDENTAL DAMAGES, including but not limited to, loss of profits, any liabilities, injuries, claims, demands, damages, costs and expenses, arising out of or in connection with this Agreement. BILL JONES ENTERPRISEW INC. neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of this products(s) SALES TAX 0.00 PLEASE PAY X THIS AMOUNT 6181.09 ALL REPAIRS AND PARTS LISTED WERE FURNISHED IN COMPLIANCE WITH THE MICHIGAN AUTO REPAIR ACT P.A.300 Copplghl 2014 COK GI0041. U.0 SERVICE INVOICE lYPE - Sl2C - WAGING CUSTOMER COPY 56 CITY OF TAYLOR SOLE SOURCE JUSTIFICATION FORM INSTRUCTIONS: Complete this entire form, including BOTH SECTIONS I and ll for all sole source purchases. Send the completed form to the Budget & Finance Department, Central Purchasing. In compliance with Section 4.11 of the City of Taylor Purchasing Policy, this document shall accompany any sole source request to the City Council as part of council package for review and consideration. Failure to provide the requested information and supporting documentation will most likely result in postponement. If you have any questions, or need additional assistance, contact the Purchasing Office at 734.374.1459 or 734.374.1396. Information is also available at http://www.cityoftavlor.com/purchasing. NOTE: 1. Price is never a basis for a sole source request. 2. Supporting documentation must accompany this form. Requisition Title (or) #: Engine 3 Repair Commodity/service being purchased: Repairs Proposed purchase price: $ $6,181. Proposed / Requested Supplier: Metro Airport Truck Requested by: Chief Stephen Portis Department: Fire Date: 09/05/2023 Email/phone #: sportis@ci.tavlor.mi.us Sole source justification prepared by: Ramona Movski I. SOLE SOURCE JUSTIFICATION 1. A Sole Source Purchase is available from only one supplier and meets at least one of the following criteria (please check the appropriate boxes): • One-of-a-kind- The commodity or service has no competitive product alternatives on the market. Z Compatibility - The commodity or service matches existing brand of equipment for compatibility. El Replacement part - The commodity is a replacement part for a specific brand of existing equipment. O Unique design - The commodity or service meets physical design or quality requirements. • Professional Service - The service falls under the Purchasing Policy Professional Service Section 4.10. If any of the above apply — Are you aware of other sources (other than the one requested) that could offer the exact brand or service, such as a distributor, third party broker, or reseller? If so, please list possible sources. OR O Delivery date - ONLY ONE SUPPLIER can meet necessary delivery date requirement for the required quantity on . O Emergency - URGENT NEED for the item or service does not permit soliciting competitive bids, as in cases of emergencies, disaster, etc., which was required on 2. Briefly explain what it is about this product or service that only this vendor can meet: 11 Page 57 CITY OF TAYLOR SOLE SOURCE JUSTIFICATION FORM 3. Indicate if the product or service has been purchased for this department in the past, the approximate date of purchase, and purchase order number, if known: yes 4. List the specific important features or specific performance specifications or parameters that make this product or service unique or proprietary, AND indicate specifically why these unique features are important to your department operations: Fire Engine Repairs 5. List other suppliers generally believed to offer the same or very similar product or service. Indicate if they were contacted for a description and/or price of their product or service. If they were not contacted, indicate why they were omitted. Indicate for each specifically why their product or service is judged to be unacceptable. a) unknown b) unknown c) unknown II. DOCUMENTATION OF PRICE REASONABLENESS Check the box(es) that apply and provide information: I determined that the price is reasonable for one of the following reasons: (a) El I compared the proposed price to prices I previously paid for the same or similar goods and/or services. See PO# (Specify price: $ ) _ (b) I compared the proposed price to current published catalog, price lists, or market prices as documented in the attachments (attach relevant documentation) and the proposed price is less. I compared the proposal price to similar benchmarks, (e.g., dollars per pound, horsepower, or other units of measure) to identify any gross inconsistencies. Describe comparisons made: (d) El Based on my knowledge of the market, my experience of prior similar proposals. Describe basis of market knowledge or reference prior proposals: The price is set by law or regulations. Provide reference to law or regulation: The goods or services are available on the market for the same or similar price. Provide reference to market pricing information: 2. Sections 1 (a) through (f) do not apply. (Purchasing will contact you to discuss price reasonableness before a requisition can be processed.) 21 Page 58 CITY OF TAYLOR SOLE SOURCE JUSTIFICATION FORM III. CONFLICT OF INTEREST STATEMENT The Requestor agrees that there is no real or potential Conflict of Interest in recommending this product and/or service as a Sole Source procurement. (NOTE: If you do have a real or potential conflict of interest, please contact the appropriate Purchasing Agent.) As the authorized department official, I certify that the above justification is accurate and complete to the best of my knowledge and belief. Approv 08/29/2023 , Signature of Department Head Date Stephen Portis Printed Name 3 1 Page 59 Invoice # INV-004198 Balance Due $2,162.40 Smiley Tire & Retreading Company ID : 34-1613863 Tax ID : 34-1613863 2715 Hayes Ave / P.O. Box 1147 419-332-5545 / 800-686-2632 Fremont Ohio 43420 U.S.A Bill To CITY OF TAYLOR 25605 NORTHLINE RD. Invoice Date : 09 Aug 2023 25605 Northline Road Terms : Net 30 TAYLOR 48180 MI Due Date : 08 Sep 2023 Ship To P.O.# : Ordered by Jim Swain VEHICLE MAINT. DEPT. Check if fuel 25605 Northline Road surcharge is false TAYLOR 48180 MI required : # Item & Description Qty Rate Amount 1 225/70R19.5 UE G647 RSS SVR G (FET 4.44) 6.00 358.40 2,150.40 SKU : 139172053 ea 2 Fuel Surcharge 1.00 12.00 12.00 SKU : Fuel Surcharge Sub Total 2,162.40 Total $2,162.40 Balance Due $2,162.40 Payment Options Retorque wheels after 150 miles or 3 hours of service. **Notice after 5 days any vehicles not authorized for repair** 1 60 CITY OF TAYLOR SOLE SOURCE JUSTIFICATION FORM INSTRUCTIONS: Complete this entire form, including BOTH SECTIONS I and II for all sole source purchases. Send the completed form to the Budget & Finance Department, Central Purchasing. In compliance with Section 4.11 of the City of Taylor Purchasing Policy, this document shall accompany any sole source request to the City Council as part of council package for review and consideration. Failure to provide the requested information and supporting documentation will most likely result in postponement. If you have any questions, or need additional assistance, contact the Purchasing Office at 734.374.1459 or 734.374.1396. Information is also available at http://www.citvoftavlor.com/purchasing. NOTE: 1. Price is never a basis for a sole source request. 2. Supporting documentation must accompany this form. Requisition Title (or) if: Ambulance Tires Commodity/service being purchased: Tires Proposed purchase price: $ $2,163. Proposed / Requested Supplier: Smiley Tire Co Requested by: Chief Stephen Portis Department: Fire Date: 09/05/2023 Email/phone if: sportis@ci.tavlor.mi.us Sole source justification prepared by: Ramona Movski I. SOLE SOURCE JUSTIFICATION 1. A Sole Source Purchase is available from only one supplier and meets at least one of the following criteria (please check the appropriate boxes): El One-of-a-kind- The commodity or service has no competitive product alternatives on the market. Ei Compatibility - The commodity or service matches existing brand of equipment for compatibility. O Replacement part - The commodity is a replacement part for a specific brand of existing equipment. O Unique design - The commodity or service meets physical design or quality requirements. O Professional Service - The service falls under the Purchasing Policy Professional Service Section 4.10. If any of the above apply — Are you aware of other sources (other than the one requested) that could offer the exact brand or service, such as a distributor, third party broker, or reseller? If so, please list possible sources. OR O Delivery date - ONLY ONE SUPPLIER can meet necessary delivery date requirement for the required quantity on . O Emergency - URGENT NEED for the item or service does not permit soliciting competitive bids, as in cases of emergencies, disaster, etc., which was required on 2. Briefly explain what it is about this product or service that only this vendor can meet: 11 Page 61 CITY OF TAYLOR SOLE SOURCE JUSTIFICATION FORM 3. Indicate if the product or service has been purchased for this department in the past, the approximate date of purchase, and purchase order number, if known: yes 4. List the specific important features or specific performance specifications or parameters that make this product or service unique or proprietary, AND indicate specifically why these unique features are important to your department operations: Ambulance Tires 5. List other suppliers generally believed to offer the same or very similar product or service. Indicate if they were contacted for a description and/or price of their product or service. If they were not contacted, indicate why they were omitted. Indicate for each specifically why their product or service is judged to be unacceptable. a) unknown b) unknown c) unknown II. DOCUMENTATION OF PRICE REASONABLENESS Check the box(es) that apply and provide information: 1. I determined that the price is reasonable for one of the following reasons: (a)El I compared the proposed price to prices I previously paid for the same or similar goods and/or services. See PO# (Specify price: $ ) _ (b) E I compared the proposed price to current published catalog, price lists, or market prices as documented in the attachments (attach relevant documentation) and the proposed price is less. (c) I compared the proposal price to similar benchmarks, (e.g., dollars per pound, horsepower, or other units of measure) to identify any gross inconsistencies. Describe comparisons made: (d) Based on my knowledge of the market, my experience of prior similar proposals. Describe basis of market knowledge or reference prior proposals: (e) The price is set by law or regulations. Provide reference to law or regulation: (f) The goods or services are available on the market for the same or similar price. Provide reference to market pricing information: 2.E Sections 1 (a) through (f) do not apply. (Purchasing will contact you to discuss price reasonableness before a requisition can be processed.) 21 Page 62 CITY OF TAYLOR SOLE SOURCE JUSTIFICATION FORM III. CONFLICT OF INTEREST STATEMENT The Requestor agrees that there is no real or potential Conflict of Interest in recommending this product and/or service as a Sole Source procurement. (NOTE: If you do have a real or potential conflict of interest, please contact the appropriate Purchasing Agent.) As the authorized department official, I certify that the above justification is accurate and complete to the best of my knowledge and belief. 08/29/2023 Signature of Department Head Date Stephen Portis Printed Name 31 Page 63 PRESSURE VESSEL TESTING "AT PVT WE HANDLE THE PRESSURE DOT FAA AND NFPA Invoice 34740 S. GRATIOT AVE APPROVED VETERAN OWNED CLINTON TWP MI 48035 Date Invoice # BUSINESS" 586-791-3111 FaX 586-791-8668 bruno@pressurevesseltesting.com 8/15/2023 6718 Bill To Ship To TAYLOR FIRE DEPT. TAYLOR FIRE DEPT. 22345 GODDARE RD 22345 GODDARE RD TAYLOR MI 48180 TAYLOR MI 48180 Kff: CHAD COUSINO AU: CHAD COUSIN.° P.O. No. TERMS Rep Ship NET30 BRU Quantity Item Code Descrip ion Price Each Amount 3 COMPRESSOR C... ANNUAL SERVICE ON COMPRESSOR CHANGE 0.00 0.00 OIL FILTERS ADJUSTMENTS TO MEET COMPRESSOR SPECS 3 FILTERS FILTERS 125.00 375.00 10 ANDEROL 500 COMPRESSOR OIL 10 QTS 45.00 450.00 3 AIR TESTING 4 QUARTERS OF AIR TESTING FOR NFPA GRADE 450.00 1,350.00 D 24 SHIPPING SHIPPING OF AIR TEST KITS TO AND FROM THE 10.75 258.00 LAB 3 COMPRESSOR SERVICE COMPRESSORS FOR ONE YEAR 895.00 2,685.00 Subtotal $5,118.00 Sales Tax (0.0%) moo Total $5,118.00 64 CITY OF TAYLOR SOLE SOURCE JUSTIFICATION FORM INSTRUCTIONS: Complete this entire form, including BOTH SECTIONS I and II for all sole source purchases. Send the completed form to the Budget & Finance Department, Central Purchasing. In compliance with Section 4.11 of the City of Taylor Purchasing Policy, this document shall accompany any sole source request to the City Council as part of council package for review and consideration. Failure to provide the requested information and supporting documentation will most likely result in postponement. If you have any questions, or need additional assistance, contact the Purchasing Office at 734.374.1459 or 734.374.1396. Information is also available at http://www.citvoftavlor.com/purchasing. NOTE: 1. Price is never a basis for a sole source request. 2. Supporting documentation must accompany this form. Requisition Title (or) #: Air Compressors Commodity/service being purchased: Preventative Maintenance Proposed purchase price: $ $5,118. Proposed / Requested Supplier: Pressure Vessel Testing Requested by: Chief Stephen Portis Department: Fire Date: 09/05/2023 Email/phone #: sportis@ci.tavlor.mi.us Sole source justification prepared by: Ramona Movski I. SOLE SOURCE JUSTIFICATION 1. A Sole Source Purchase is available from only one supplier and meets at least one of the following criteria (please check the appropriate boxes): One-of-a-kind- The commodity or service has no competitive product alternatives on the market. Z Compatibility - The commodity or service matches existing brand of equipment for compatibility. 0 Replacement part - The commodity is a replacement part for a specific brand of existing equipment. O Unique design - The commodity or service meets physical design or quality requirements. I=1 Professional Service - The service falls under the Purchasing Policy Professional Service Section 4.10. If any of the above apply — Are you aware of other sources (other than the one requested) that could offer the exact brand or service, such as a distributor, third party broker, or reseller? If so, please list possible sources. OR O Delivery date - ONLY ONE SUPPLIER can meet necessary delivery date requirement for the required quantity on . O Emergency- URGENT NEED for the item or service does not permit soliciting competitive bids, as in cases of emergencies, disaster, etc., which was required on 2. Briefly explain what it is about this product or service that only this vendor can meet: 11 Page 65 CITY OF TAYLOR SOLE SOURCE JUSTIFICATION FORM 3. Indicate if the product or service has been purchased for this department in the past, the approximate date of purchase, and purchase order number, if known: y_g_ 4. List the specific important features or specific performance specifications or parameters that make this product or service unique or proprietary, AND indicate specifically why these unique features are important to your department operations: Annual Preventative Mantenance for Compressors 5. List other suppliers generally believed to offer the same or very similar product or service. Indicate if they were contacted for a description and/or price of their product or service. If they were not contacted, indicate why they were omitted. Indicate for each specifically why their product or service is judged to be unacceptable. a) unknown b) unknown c) unknown II. DOCUMENTATION OF PRICE REASONABLENESS Check the box(es) that apply and provide information: 1. El I determined that the price is reasonable for one of the following reasons: (a) 0 I compared the proposed price to prices I previously paid for the same or similar goods and/or services. See PO# (Specify price: $ ) _ (b) 0 I compared the proposed price to current published catalog, price lists, or market prices as documented in the attachments (attach relevant documentation) and the proposed price is less. (c)0 I compared the proposal price to similar benchmarks, (e.g., dollars per pound, horsepower, or other units of measure) to identify any gross inconsistencies. Describe comparisons made: (d)E Based on my knowledge of the market, my experience of prior similar proposals. Describe basis of market knowledge or reference prior proposals: (e) E The price is set by law or regulations. Provide reference to law or regulation: (f) El The goods or services are available on the market for the same or similar price. Provide reference to market pricing information: 2. 0 Sections 1 (a) through (f) do not apply. (Purchasing will contact you to discuss price reasonableness before a requisition can be processed.) 21 Page 66 CITY OF TAYLOR SOLE SOURCE JUSTIFICATION FORM III. CONFLICT OF INTEREST STATEMENT The Requestor agrees that there is no real or potential Conflict of Interest in recommending this product and/or service as a Sole Source procurement. (NOTE: If you do have a real or potential conflict of interest, please contact the appropriate Purchasing Agent.) As the authorized department official, I certify that the above justification is accurate and complete to the best of my knowledge and belief. Approva : 08/29/2023 Signature of Department Head Date Stephen Portis Printed Name 31 Page 67 Activity Building Heritage Park Rental Rates Rental Times are from: 7am-11pm ***Extra Hour Late Fee after 11pm $100.00 Full Day Rental: Friday, Saturday & Sunday Rental Space w/Prep Kitchen~Full Day Taylor Resident $800.00 Non-Resident $1,000.00 City of Taylor Employee $700.00 Security Deposit ~Refundable $400.00 Maximun Room Capacity Occupancy of 250 guests Rental Times are from 7am-11pm Full Day Rental: Monday, Tuesday, Wednesday & Thursday Rental Space w/Prep Kitchen~Full Day Taylor Resident $600.00 Non-Resident $800.00 City of Taylor Employee $500.00 Security Deposit ~Refundable $400.00 Maximun Room Capacity Occupancy of 250 guests Rental Reservations made directly through Taylor Recreation Center: 22805 Goddard Rd (734) 374-8900 opt.2 68 Michigan Department of Licensing and Regulatory Affairs Business ID: Liquor Control Commission (MLCC) Constitution Hall - 525W. Allegan, Lansing, MI 48933 Request ID: Mailing Address: P.O. Box 30005, Lansing, MI 48909 Toll-Free: 866-813-0011 - www.michigan.gov/Icc (For MLCC Use Only) Certified Resolution of the Membership or Board of Directors Authorizing the Application for Special License (Required under Administrative Rule R 436.576 - Not Required for Candidate Committee) At a 0 Regular 0 Special meeting of the El Membership 0 Board of Directors called to order by on at (Date) (Time) the following resolution was offered: Moved by and supported by that the application from C ify of Tway) or / ParKS cad 1eCreCt#1011 (Name of Organization) for a Special License to serve alcohol on --r---r1 ' d a y, Ocinbc Ir. c9 17-1-±1 c;?aa 3 (Event Date or Dates) 1 2.1 1 1 Pr t k e to be located at He r 'rtac —c. Pckri< ilex,r1dan Pavi I30n Tay or ik4 1 (Physical Address - Include Location Name, Street Address, City, State, & Zip Code) qs11,6 It is the consensus of this body that the application be for issuance. (Recommended or Not Recommended) Approval Vote Tally Yeas: Nays: Absent: Certification by Authorized Officer of Organization: I hereby certify that the foregoing is true and is a complete copy of the resolution offered and adopted by the 0 Membership 0 Board of Directors at a E Regular 0 Special meeting held on (Date) Print Name & Title of Authorized Officer Signature of Authorized Officer Date LCC-110 (01-23) LARA is an equal opportunity employer/program. Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities. Page 6 of 8 69 Company Miller-Boldt Syenergy Rolls Clearwater Stuart Job Title Inc. Engineering De-Cal Inc. Mechanical Costruction Mechanical Bid Bond Included Yes Yes Yes Yes Yes Yes Mechanical Engineer 175.00 135.00 99.00 X 95.00 155.00 Overtime Rate 215.25 202.50 119.00 X 115.00 155.00 Weekend/ Holiday Rate 250.25 270.00 139.00 X 135.00 155.00 Predictive Diagnostic/Controls 109.00 160.00 99.00 89.00 95.00 135.00 Overtime Rate 139.52 240.00 119.00 133.50 115.00 202.50 Weekend/ Holiday Rate 159.14 320.00 139.00 133.50 135.00 270.00 Boiler Chiller Mechanic Technician 109.00 160.00 99.00 89.00 95.00 125.00 Overtime Rate 139.52 240.00 119.00 133.50 115.00 187.50 Weekend/ Holiday Rate 159.14 320.00 139.00 133.50 135.00 250.00 Scheduled Service Boiler Chiller Tech 109.00 160.00 99.00 89.00 95.00 125.00 Overtime Rate 139.52 240.00 119.00 133.50 115.00 187.50 Weekend/ Holiday Rate 159.14 320.00 139.00 133.50 135.00 250.00 Journeyman 109.00 135.00 99.00 X 95.00 125.00 Overtime Rate 139.52 202.50 119.00 X 115.00 187.50 Weekend/ Holiday Rate 159.14 270.00 139.00 X 135.00 250.00 Scheduled Service Journeyman 109.00 135.00 99.00 X 95.00 125.00 Overtime Rate 139.52 202.50 119.00 X 115.00 187.50 Weekend/ Holiday Rate 159.14 270.00 139.00 X 135.00 250.00 HVAC/R Technician 109.00 160.00 99.00 89.00 95.00 125.00 Overtime Rate 139.52 240.00 119.00 133.50 115.00 187.50 Weekend/ Holiday Rate 159.14 320.00 139.00 133.50 135.00 250.00 Non-Skilled General Employee 75.00 120.00 24.00 65.00 65.00 X Overtime Rate 96.00 180.00 29.00 97.50 97.50 X Weekend/ Holiday Rate 109.50 160.00 29.00 97.50 130.00 X Programmer 109.00 160.00 102.00 X 135.00 135.00 Overtime Rate 139.52 240.00 119.00 X 202.50 202.50 Weekend/ Holiday Rate 159.14 320.00 139.00 X 270.00 270.00 Controls Technician 120.00 160.00 102.00 99.00 95.00 135.00 Overtime Rate 153.60 240.00 119.00 148.50 142.50 202.50 Weekend/ Holiday Rate 175.20 320.00 139.00 148.50 190.00 270.00 Hourly Average 117.56 151.67 99.67 91.00 99.44 131.67 Overtime Average 149.50 227.50 119.00 136.50 127.78 188.89 Weekend/Holiday Rate Average 171.05 303.33 139.00 136.50 156.11 246.11 Total Average Rate 146.03 227.50 119.22 121.33 127.78 188.89 70 Miller-Boldt Syenergy Rolls Clearwater Stuart Preventative Maintenance Inc. Engineering De-Cal Inc. Mechanical Costruction Mechanical City Hall 16,888.00 5,680.00 11,080.00 12,000.00 14,560.00 8,110.00 Police 13,534.00 5,680.00 3,160.00 8,400.00 3,800.00 10,843.00 Court 5,360.00 1,440.00 4,200.00 4,800.00 5,000.00 8,339.00 Fire 1 5,098.00 1,440.00 2,520.00 5,200.00 2,700.00 8,135.00 Fire 2 2,102.00 5,680.00 840.00 2,200.00 1,600.00 4,374.00 Fire 3 1,990.00 1,440.00 840.00 1,100.00 1,600.00 3,418.00 DPW 11,182.00 5,680.00 5,040.00 6,500.00 5,600.00 6,081.00 Animal Shelter 3,610.00 8,320.00 3,580.00 3,800.00 4,200.00 5,495.00 Lakes of Taylor 12,536.00 5,680.00 5,040.00 11,400.00 6,400.00 9,039.00 Taylor Meadows/Maintenace Building 1,404.00 5,680.00 5,040.00 8,800.00 5,200.00 6,140.00 Aux Building 2,410.00 1,440.00 2,520.00 1,600.00 2,800.00 2,811.00 Taylor Sportsplex 11,152.00 X 14,700.00 13,000.00 18,000.00 9,603.00 Ford Senior Center 9,952.00 1,440.00 4,300.00 8,600.00 5,000.00 6,982.00 Library 2,982.00 1,440.00 2,520.00 2,600.00 3,200.00 3,823.00 Activities Building 2,116.00 1,440.00 1,680.00 1,200.00 2,400.00 2,372.00 Taylor Recreation Center 7,336.00 5,680.00 5,040.00 6,440.00 6,000.00 6,945.00 Petting Farm 2,206.00 1,440.00 1,260.00 1,800.00 1,200.00 2,353.00 Compost 1,134.00 800.00 480.00 900.00 1,000.00 1,705.00 Media Center 2,604.00 2,800.00 1,680.00 2,000.00 2,400.00 3,350.00 Parks and Rec Maint. 2,046.00 1,440.00 1,680.00 1,800.00 2,400.00 3,361.00 Preventative Maintenance Total 117,642.00 64,640.00 77,200.00 104,140.00 95,060.00 113,279.00 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 Fairfax Electric Services, Inc. Proposal 25447 Ecorse Rd. Taylor, MI 48180 Date Proposal # Phone # 313-291-7794 r 8/14/2023 166625 Job Information Customer CITY HALL CITY OF TAYLOR 23555 GODDARD RD 23555 GODDARD RD TAYLOR MI 48180 Contact John Cell # 313-330-7511 Item Description ELEC Remove transfer switch contact assembly and coil pack (all one assembly) for city hall GENERAC transfer switch Work to be performed on a Saturday LEAD TIME IS 10 DAY FROM FACTORY We propose to furnish material & labor in accordance with the above specifications for the sum of: Total: $22,120.00 * Work to be performed on regular business hours 7:30am - 4:00pm Mon - Fri * Any alteration or deviation from the above specifications will be an extra charge over and above this proposal. * We reserve the right to withdraw proposal if not accepted within 15 days of this proposals date. * Owner to carry fire and other necessary insurance. * Our employees are fully covered by Workman's Comp Terms: I We authorize FAIRFAX ELECTRIC SERVICES, INC. to perform work as stated in this proposal. Net 30 Days Print Name Authorized Signature Signature Date of acceptance Officer of Fairfax Electric Services, Inc 113 AMERICAN www.American-Generator.com Estimate 24433014 GENERATORS Sales a: Service, AR@american-generator.com Estimate Date 8/7/2023 LLC 248.623.4919 Billing Address Job Address City of Taylor City Hall 23555 Goddard Road 23555 Goddard Rd. Taylor, MI 48180 USA Taylor, MI 48180 Description of work this is a quote for the repairs found that are needed to make it operational / the labor to r&r will be a quote and could due to damage from failure / The harness repair will be time and materials / Control board and wiring harness obsolete. A $15,000.00 deposit will be required to proceed with work. Task # Description Quantity Your Price Total Corn Service Labor Commercial Service Labor 1.00 $8,340.87 $8,340.87 Parts/Material Switch assy 1.00 $17,343.34 $17,343.34 Parts/Material Transfer Relay 2.00 $59.08 $118.16 i.-.' Parts/Material Safety switch disconnect 1.00 $102.52 $102.52 Parts/Material Time delay Neutral Bypass 1.00 $33.81 $33.81 Parts/Material Transformer 2.00 $670.14 $1,340.28 Parts/Material Mode switch 1.00 $34.56 $34.56 Parts/Material Voltage sensing board 1.00 $813.21 $813.21 Parts/Material 28v Lamp 3.00 $9.87 $29.61 Parts/Material Interface - GTS Utility 208v / 240v 1.00 $607.35 $607.35 Parts/Material Exerciser 1.00 $600.05 $600.05 Shop Supplies Shop Supplies 1.00 $160.00 $160.00 Parts/Material Inphase Monitor 1.00 $498.57 $498.57 Parts/Material Control Board 1.00 $468.65 $468.65 Sub-Total $30,490.98 Tax $0.00 Total Due $30,490.98 Deposit/Downpayment $0.00 6158 Delfield Dr, Waterford, MI 48329 Thank you for choosing American Generators Sales & Service, LLC. THIS IS AN ESTIMATE, NOT A CONTRACT FOR SERVICES. The summary above is furnished by American Generators Sales & Service LLC as a good faith estimate of work to be performed at the location described above and is based on our evaluation and does include material price increases or additional labor and material which may be required should unforeseen problems arise after the work has started. I understand that the final cost of the work may differ from the estimate, perhaps materially. THIS IS NOT A GURANTEE OF THE FINAL PRICE OF WORK TO BE PERFORMED. I agree and authorize the work as summarized on these estimated terms, and I agree to pay the full amount for all work performed. 114 www.American-Generator.com Estimate 24433014 AR@american-generator.com Estimate Date 8/7/2023 248.623.4919 Billing Address Job Address City of Taylor City Hall 23555 Goddard Road 23555 Goddard Rd. Taylor, MI 48180 USA Taylor, MI 48180 Description of work this is a quote for the repairs found that are needed to make it operational / the labor to r&r will be a quote and could due to damage from failure / The harness repair will be time and materials / Control board and wiring harness obsolete. A $15,000.00 deposit will be required to proceed with work. Task # Description Quantity Your Price Total Com Service Labor Commercial Service Labor 1.00 $8,340.87 $8,340.87 Parts/Material Switch assy 1.00 $17,343.34 $17,343.34 Parts/Material Transfer Relay 2.00 $59.08 $118.16 Parts/Material Safety switch disconnect 1.00 $102.52 $102.52 Parts/Material Time delay Neutral Bypass 1.00 $33.81 $33.81 Parts/Material Transformer 2.00 $670.14 $1,340.28 Parts/Material Mode switch 1.00 $34.56 $34.56 Parts/Material Voltage sensing board 1.00 $813.21 $813.21 Parts/Material 28v Lamp 3.00 $9.87 $29.61 Parts/Material Interface - GTS Utility 208v / 240v 1.00 $607.35 $607.35 Parts/Material Exerciser 1.00 $600.05 $600.05 Shop Supplies Shop Supplies 1.00 $160.00 $160.00 Parts/Material Inphase Monitor 1.00 $498.57 $498.57 Parts/Material Control Board 1.00 $468.65 $468.65 Sub-Total $30,490.98 Tax $0.00 Total Due $30,490.98 Deposit/Downpayment $0.00 6158 Delfield Dr, Waterford, MI 48329 Thank you for choosing American Generators Sales & Service, LLC. THIS IS AN ESTIMATE, NOT A CONTRACT FOR SERVICES. The summary above is furnished by American Generators Sales & Service LLC as a good faith estimate of work to be performed at the location described above and is based on our evaluation and does include material price increases or additional labor and material which may be required should unforeseen problems arise after the work has started. I understand that the final cost of the work may differ from the estimate, perhaps materially. THIS IS NOT A GURANTEE OF THE FINAL PRICE OF WORK TO BE PERFORMED. I agree and authorize the work as summarized on these estimated terms, and I agree to pay the full amount for all work performed. 115 Wolverine Power Systems Quote 3229 80th Avenue Zeeland MI 49464 Order Number: 0714471 (800) 485-8068 Order Date: 8/29/2023 Salesperson: WPW Customer Number: TAY003 Sold To: Ship To: TAYLOR, CITY OF TAYLOR, CITY OF 23555 GODDARD ROAD 23555 GODDARD TAYLOR, MI 48180 CITY HALL TAYLOR, MI 48180 CONFIRM TO: Phone: (734) 287-6550 Fax: Page: 1 Customer P.O. Ship VIA F.O.B. Terms PP&A GROUND SHIP POINT Due Upon Receipt Item Number Unit Ordered Shipped Back Order Price Amount THIS IS A QUOTE TO PERFORM THE FOLLOWING WORK DURING OUR NORMAL BUSINESS HOURS: -REPLACE XFRSW 2000A 3P WN600V -REPLACE ASSY INPHASE MONITOR -REPLACE ASSY PCB STANDARD SENSNG -REPLACE HARN 7-DAY EX RETRO -MISC ELECTRICAL MATERIALS ***LEAD TIME = 7-10 DAYS - LTL SHIPPING REQUIRED FOR CONTACTOR. ***THIS REPAIR REQUIRES (3) TECHS TO BE DONE ON A SATURDAY 072115 EACH 1.00 0.00 0.00 11,879.000 11,879.00 XFRSW 2000A 3P WN600V 0927340SRV EACH 1.00 0.00 0.00 574.990 574.99 ASSY INPHASE MONITOR 0676290SRV EACH 1.00 0.00 0.00 556.990 556.99 ASSY PCB STANDARD SENSNG 10000018458 EACH 1.00 0.00 0.00 410.990 410.99 7 DAY EXERCISE KIT 0C2347 EACH 1.00 0.00 0.00 68.990 68.99 HARN 7-DAY EX RETRO /WMISC EACH 1.00 0.00 0.00 15.000 15.00 ELECTRICAL MATERIALS /NRSLABOR 30.00 0.00 0.00 280.000 8,400.00 LABOR (NRS) - 3 TECHS **AFTER HOURS /NRSMILES EACH 210.00 0.00 0.00 3.250 682.50 MILEAGE - 3 TECHS Continued 116 Wolverine Power Systems Quote 3229 80th Avenue Zeeland MI 49464 Order Number: 0714471 (800) 485-8068 Order Date: 8/29/2023 Salesperson: WPW Customer Number: TAY003 Sold To: Ship To: TAYLOR, CITY OF TAYLOR, CITY OF 23555 GODDARD ROAD 23555 GODDARD TAYLOR, MI 48180 CITY HALL TAYLOR, MI 48180 CONFIRM TO: Phone: (734) 287-6550 Fax: Page: 2 Customer P.O. Ship VIA F.O.B. Terms PP&A GROUND SHIP POINT Due Upon Receipt Item Number Unit Ordered Shipped Back Order Price Amount /NRSTRAVEL EACH 4.50 0.00 0.00 240.000 1,080.00 TRAVEL - 3 TECHS **AFTER HOURS ***TRAVEL AND MILEAGE ESTIMATES ARE CALCULATED AS A ROUND-TRIP FROM OUR CLOSEST BRANCH LOCATION. ACTUAL CHARGES WILL NOT EXCEED THESE ESTIMATES FOR THIS QUOTED WORK.*** THIS QUOTE IS VOID AFTER 15 DAYS AND IS SUBJECT TO PARTS AVAILABILITY. THIS QUOTE DOES NOT INCLUDE ADDITIONAL REPAIRS TO UNFORESEEN DAMAGE OR ADDITIONAL LABOR CAUSED BY CIRCUMSTANCES OUTSIDE OF OUR DIRECT CONTROL. UNLESS SPECIFICALLY LISTED ABOVE, THIS QUOTE DOES NOT INCLUDE ANY PRIOR SITE VISITS OR WORK. CUSTOMER IS RESPONSIBLE FOR ANY AND ALL RESTOCKING FEES, FREIGHT CHARGES, NON-RETURNABLE PARTS AND/OR MATERIALS UPON APPROVING THIS QUOTE AND WILL BE CHARGED ACCORDINGLY IF THIS ORDER IS CANCELLED FOR ANY REASON. A 3% PROCESSING FEE WILL BE APPLIED TO ALL ORDERS OF $5,000 OR MORE THAT ARE PAID FOR BY CREDIT CARD. WOLVERINE POWER SYSTEMS IS NOT LIABLE FOR LOSSES OR ANY CONTINGENT LIABILITIES ARISING FROM THE OPERATION OF THIS SYSTEM OR THE FAILURE OF THIS SYSTEM TO OPERATE. APPROVED BY (Please Print): _____________________________________ CUSTOMER SIGNATURE: __________________________________________ 23,668.46 GENERATOR SALES - SERVICE - RENTALS - PARTS Net Order: Less Discount: 0.00 Freight: 150.00 Sales Tax: 810.36 Order Total: 24,628.82 117 QUOTE TABULATION SUMMARY Bid Number: Bid Title: Quick Quote City Hall Generator Comments & Name of Vendor Address Telephone Price Recommendations 25447 Ecorse Rd. Taylor, MI Fairfax Electric 313-291-7794 $22,120.00 Low Quote 48180 6158 Delfield Waterford, MI American Generators 248-623-4919 $30,490.98 48329 3229 80th Avenue Zeeland, MI Wolverine Power Systems 800-485-8068 $24,628.82 49464 Darin Grabowski Date: 8/30/2023 Time: 10:00 AM PURCHASING AGENT SIGNATURE Pg. 1 + 118 REAL ESTATE PURCHASE AGREEMENT B THIS REAL ESTATE PURCHASE AGREEMENT ("Agreement") is made and entered into as of this day of August, 2023 ("Contract Date") by and between Soar Restaurants, LLC, on behalf of an entity to be formed (the "Purchaser"), and City of Taylor ("Seller" and collectively referred to with the Purchaser as the "Parties). Seller agrees to sell and convey to Purchaser, and Purchaser agree to purchase from Seller, for the purchase price set forth below, and on the terms and conditions set forth in this Agreement, (a) the land affiliated with 3 parcels, numbers 60-026-02-0075-300, 60-026-02-0076-300, and 60-026-02-0077-300, as described on Exhibit "A"; (b) together with the land and all rights, easements and interests appurtenant thereto including, but not limited to, any streets or other public ways adjacent to the land and any water or mineral rights owned by, or leased to, Seller; (c) all Improvements located on the land, including, but not limited to, the buildings, and (to the extent assignable) all other on- site structures, systems, and utilities associated with, and utilized by Seller in the ownership and operation of the buildings (collectively, the "Property") upon the following conditions: 1. PURCHASE PRICE: The total purchase price to be paid to Seller by Purchaser for the Property shall be Two Hundred Thousand ($200,000.00) Dollars ("Purchase Price"). Following payment of the Earnest Money (as defined below), the balance of the Purchase Price shall be paid to Seller on the Closing Date, by federal funds wire transfer of immediately available funds to an account at such bank or banks as shall be designated by Seller by notice to Purchaser at least three (3) business days prior to the Closing Date. 2. TIME OF CLOSING: The purchase and sale contemplated herein shall be consummated at a closing to take place at the local offices of the Title Company (as defined in Section 7), or a location as otherwise mutually agreed by Purchaser and Seller in writing ("Closing"). The Closing shall occur on: (i) the date thirty (30) days following the end of the Inspection Period (as hereinafter defined); or (ii) at such later time if mutually agreed upon by both parties in writing (the "Closing Date"). 3. EARNEST MONEY: Not later than three (3) business days following the Contract Date, Purchaser shall deposit Twelve Thousand Five Hundred Dollars ($12,500.00) into escrow with Title Company as Purchaser's earnest money deposit ("Earnest Money"). At Closing, the Earnest Money, including interest (if any), shall be delivered to Seller and credited against the Purchase Price. After the expiration of the Inspection Period, or Extension Period if elected (as defined below), the Earnest Money shall only be refundable to Purchaser in the event of default by the Seller. 4. CONDITIONS TO CLOSING: Notwithstanding anything to the contrary contained herein, the obligation of the Parties to close title and consummate the purchase and sale contemplated in this Agreement is expressly conditioned upon the fulfillment by and as of the time of Closing of each of the conditions listed below: (a) The review and approval of this Agreement by Purchaser's and Seller's respective Page 1 of 13 119 attorneys, which shall be deemed fulfilled upon execution of this Agreement of this Agreement by Purchaser and Seller; (b) Purchaser's ability to obtain an unconditional binding written commitment for acquisition fmancing to purchase the Property; and (c) The Real Estate Purchase Agreement A for five (5) parcels between Purchaser and the City of Taylor Tax Increment Finance Authority ("Agreement A") must be signed simultaneously with this Agreement. If either this Agreement or Agreement A are terminated, the other agreement shall also be terminated. 5. DEVELOPMENT OF PROPERTY: The Parties agree that the Purchaser will develop a Sonic Drive-In restaurant on the Property. If the Purchaser does not develop a Sonic Drive-In restaurant, the Seller reserves the right to approve or deny any alternate development. Approval of any such development will be in the sole discretion of the Seller. Notwithstanding anything to the contrary contained in this Agreement, this Section 5 will only survive the Closing for a period of one (1) year. 6. SELLER'S DELIVERIES: Seller shall deliver to Purchaser, no later than seven (7) days after the Contract Date, the following documents if such documents are in the possession of the Seller: (a) Commitment for an owner's policy of title insurance, accompanied by a copy of all documents affecting title to the Property as set forth in the commitment; (b) A Survey of the Property; (c) Copies of all environmental reports and any engineering studies (such as soil reports, feasibility studies, drainage plans, topo reports, or proposed site plans completed by the Seller or other parties, or proposed site plans that have been prepared and are in the possession of the Seller relating to the Property; and (d) Any building plans in possession of the Seller. 7. INSPECTION PERIODS: Purchaser shall have a One Hundred and Twenty (120) day due diligence period (the "Inspection Period") commencing on the Contract Date within which to examine the Property in order to determine the feasibility of purchasing the Property. At all times prior to Closing, including times following the Inspection Period, or Extension Period, Purchaser, its agents, and representatives shall be entitled to conduct its due diligence which includes the rights to: (a) enter upon the Property and Improvements, on reasonable notice to Seller, to perform inspections and tests of the Property; (b) make investigations with regard to zoning, environmental and other legal requirements; (c) make or obtain, at Purchaser's sole expense, market studies and real estate tax analyses; au (d) determine if the ground conditions are satisfactory to Purchaser, including but not limited to, soil conditions, water table, elevations, and topography to accommodate Page 2013 120 Purchaser contemplated development using normal construction methods and conventional footing and foundations. Purchaser shall conduct such tests at its sole costs and expense. In the event, Purchaser needs additional time to conduct its due diligence, Purchaser shall have a one (1) time option to extend the Inspection Period for thirty (30) days (the "Extension Period") by providing five (5) days' written notice prior to the expiration of the Inspection Period. Upon Purchaser extending the Inspection Period, a sum of Three Thousand and 00/100 ($3,000.00) Dollars of Earnest Money shall be deposited with the Title Company and become non-refundable, however, will be applicable to the Purchase Price at Closing. If, at any time during the Inspection Period, as may be extended, Purchaser, in its sole and absolute discretion, determines for any reason whatsoever, or no reason at all, that the Property is unsatisfactory to it, then Purchaser may terminate this Agreement by written notice to Seller ("Termination Notice"), with a copy to the Title Company, given not later than the end of the Inspection Period, or the Extension Period if elected. If Purchaser's Termination Notice is not received by Seller within the Inspection Period or Extension Period if elected, then the Earnest Money shall become non-refundable except upon the breach or default of this Agreement by Seller, and shall be applied to the Purchase Price at Closing. In the event that Purchaser exercises any right it may have to terminate this Agreement, the Earnest Money that is not non-refundable, shall be immediately returned to Purchaser and neither party shall have any further liability under this Agreement except as otherwise expressly provided hereunder. Purchaser's investigations of the Property are further subject to the following conditions: i. Purchaser shall not enter the Property without the express prior approval of Seller in each such instance, not to be unreasonably withheld or conditioned, and Seller may, at its discretion, have an agent, employee or other person accompany Purchaser and its agents in the course of any such inspections. Any inspection shall not interfere with Seller or any operations on the Property. Notwithstanding anything herein to the contrary, Purchaser may not conduct any Phase II environmental investigation (i.e., collection and/or analysis of air, soil, water or materials samples) or other invasive testing procedure (i.e., roof core sampling; sampling of suspect asbestos containing materials, etc.) with regard to the Property, without Seller's prior written consent, in each instance which consent shall not be unreasonably withheld. Purchaser shall keep the Property free and clear of, and shall not permit to attach thereto, any encumbrances whatsoever, including for example mechanics liens rising out of any entry upon or inspection of the Property. Purchaser and its agents shall not enter on the Property for purposes of conducting any inspections unless or until it shall first have delivered to Seller a policy of insurance, insuring against all liabilities to persons and damage to property as may be occasioned during the course and on account of such inspections, having limits reasonably satisfactory to Purchaser. Following each entry by Purchaser and its agents on the Property, Purchaser shall restore the Property as near as possible to the condition as existed prior to any such entry. In all events, Purchaser shall indemnify, defend (with legal counsel reasonably satisfactory to Seller) and hold Seller harmless from and against any and all actual and direct liability, loss, cost, expense or damage caused to or incurred by Seller, Page 3of 13 121 any tenant or occupant of the Property, or any other person as a result of any acts or omissions of Purchaser, its agents or representatives, in connection with such investigations. The indemnity obligations of Purchaser under this Section (or elsewhere in this Agreement) shall survive any rescission or other termination of this Agreement and payment of the Earnest Money to Seller, regardless of the reason therefor. iv. Purchaser acknowledges and agrees that all third-party reports, materials, data and other information prepared by others for Seller, and delivered by Seller to Purchaser in connection with this transaction, if any, are provided to Purchaser as a courtesy only, and Seller expressly disclaims all representations and warranties of every kind concerning such third-party reports, and that any reliance or use of such materials, data or information by Purchaser or any other person shall be at the sole risk of Purchaser or such other person, and further, Purchaser acknowledges and agrees that such reliance may be expressly prohibited by the preparer thereof. v. If this transaction does not close, regardless of the reason therefor, copies of all third-party reports prepared for Purchaser or any agent of Purchaser in connection with any inspections or investigations hereunder shall be delivered to Seller upon request therefor by Seller. vi. All information gained by Purchaser as a result of any inspections hereunder shall remain strictly confidential, except as disclosure thereof to Purchaser's agents, employees, consultants, lenders or investors, may be necessary in evaluating this transaction, or as may be required by applicable law or legal process. If this transaction does not close, regardless of the reason therefor, this confidentiality provision shall remain in effect, and any information supplied to Purchaser by Seller in connection with this transaction shall be returned to Seller. 8. EVIDENCE OF TITLE: Seller shall order, at its own expense, a commitment of title (the "Title Commitment") dated on the Contract Date, issued by Michigan Title located at 9333 Telegraph Rd # 100, Taylor, Michigan 48180 ("Title Company"), for an owner's title insurance policy in the full amount of the Purchase Price, together with endorsements reasonably requested by Purchaser, including a zoning endorsement. Seller shall request that the Title Commitment be delivered to Purchaser together with copies of all recorded documents evidencing title exceptions raised in Schedule B of the Title Commitment. Purchaser shall pay: (i) all title insurance premiums and costs for an ALTA title insurance policy without standard exceptions, (ii) any endorsements required by Purchaser, (iii) costs and expenses of a survey of the Property if a survey is required to remove any standard exception for which the Title Company requires a survey for such removal. Further, the Purchaser shall pay for any closing fees required by the Title Company. 9. TITLE OBJECTIONS: If the title is defective (excepting any Permitted Encumbrances as such term is defmed below), based upon a written opinion from the Purchaser or his attorney, the Seller shall: (i) have fifteen (15) days to remedy the title defects or obtain title insurance specifically insuring against the defect in question, or (ii) elect to not remedy such defect. In the event that the Seller is unable to remedy the defects to the title or elects not to do so, the Purchaser may accept title as is or cancel this Agreement, in which case the entire deposit will be refunded in full termination of this Agreement. Notwithstanding the foregoing, however, in the event any title issue can be Page 4of 13 122 corrected by paying a specific amount of money (must be a specific amount such as a lien as opposed to an environmental issue which may not have a definitive amount to pay) in order to release or discharge any interest or exception, Seller may elect, in its sole discretion, to apply the sales proceeds to eliminate such title defect. 10. SELLER'S REPRESENTATIONS AND WARRANTIES: Notwithstanding anything contained within this Agreement to the contrary, the representation, warrants, and covenants provided by Seller under Paragraph 8 and 9 shall expire one (1) year after the Closing Date of this transaction. Seller hereby represents, covenants, and warrants to Purchaser as follows: (a) That Seller holds marketable title to the Property and has good and lawful right to sell the same to Purchaser hereunder, without the need for any third party approval or public vote. (b) There are no liens, charges, special assessments, payback agreements, service contracts or other similar, capital installation obligations which are or may become a lien upon the property or assets except for the Permitted Encumbrances. (c) No prior unexpired options or rights of first refusal have been granted by Seller to any third parties to purchase or lease any interest in the Property or obtain any license or other agreement regarding the use of the Property. (d) To Seller's actual knowledge, there are no unrecorded easements or rights-of- way on the Property. (e) Seller has the full power and authority to execute and deliver this Agreement and all other documents or instruments that this Agreement obligates Seller to execute or deliver (collectively, the "Seller 's Documents") and to perform and carry out all covenants and obligations arising under this Agreement and Seller's Documents. (1) To Seller's knowledge, this Agreement and Seller's Documents do not and will not conflict with or contravene any provision of any present judgment, order, decree, writ or injunction, or any provision of any currently applicable law or regulation affecting Seller. (g) There is no pending, or to Seller's actual knowledge, threatened judicial, municipal or administrative proceedings materially affecting the Property. (h) Seller has no actual knowledge of a pending condemnation or other governmental taking proceedings affecting all or any part of the Property. (i) Except as expressly set forth in this Agreement to the contrary, Seller hereby disclaims all warranties of any kind or nature whatsoever (including, without limitation, warranties of habitability and fitness for particular purposes), whether expressed or implied including, without limitation warranties with respect to the Property. Except as is expressly set forth in this Agreement to the contrary, Purchaser acknowledges that it is not relying upon any representation of any kind or nature made by Seller, or any broker, or any of their respective direct or indirect members, partners, shareholders, officers, directors, employees or agents, with respect to the Property, and that, in fact, except as expressly set forth in this Agreement to the contrary, no such representations were made. To the extent required to be operative, the disclaimers and Page 5 of 13 123 warranties contained herein are "conspicuous" disclaimers for purposes of any applicable law, rule, regulation, or order. Permitted Encumbrances shall mean: (i) any matter disclosed by the Title Commitment to which Purchaser fail to object, if required by this Section to do so, or to which Purchaser object but subsequently waives its objection in writing, shall be a Permitted Exception, (ii) all presently existing and future liens for unpaid real estate taxes and water and sewer charges not due and payable as of the Closing Date, subject to adjustment as hereinafter provided; (iii) any statement of facts which would be shown on or by an accurate current survey of the Property; and (iv) any lien or encumbrance arising out of the acts or omissions of Purchaser. The representations, warranties, and covenants of the seller contained herein shall be true and correct as of the closing date and survive the closing on the Closing Date as set forth above. 11. COVENANTS OF SELLER: Effective as of the Contract Date, Seller hereby covenants with Purchaser as follows: (a) Seller shall not execute or amend any service contracts, lease agreements, license(s), or other agreement affecting the ownership or operation of the Property or for personal property. (b) After the Contract Date and prior to Closing, Seller shall not assign, alienate, lien, encumber or otherwise transfer all or any part of the Property or any interest therein except for any Permitted Encumbrances. (c) Seller shall cooperate with Purchaser in good faith to assist Purchaser in obtaining any necessary Governmental Approvals (as defined in Inspection Period and Contingency Period) prior to Closing. (d) Seller shall, to the extent Seller obtains knowledge thereof, promptly notify Purchaser of any material change in any condition with respect to the Property, or of the occurrence of any event or circumstance, that makes any representation or warranty of Seller to Purchaser under this Agreement untrue or misleading, or any covenant of Seller under this Agreement incapable or less likely of being performed, it being understood that Seller's obligation to provide notice to Purchaser under this Section 9(d) shall in no way abrogate Purchaser's right to terminate this Agreement or relieve Seller of any liability for a breach by Seller of any of its representations, warranties or covenants under this Agreement, except as may otherwise be expressly provided herein. All covenants made in this Agreement by Seller shall survive the Closing and shall not be merged into any instrument or conveyance delivered at Closing. 12. AS-IS, WHERE-IS; CONDITION OF PROPERTY: Except as expressly set forth in this Agreement to the contrary, Purchaser is expressly purchasing the Property in its existing condition "AS-IS, WHERE-IS, AND WITH ALL FAULTS" with respect to all facts, circumstances, conditions, and defects, and, Seller has no obligation to determine or correct any such facts, circumstances, conditions, or defects or to compensate Purchaser for same. Seller has specifically bargained for the assumption by Purchaser of all responsibility to investigate the Property, and of all risk of adverse conditions Page 6 of 13 124 and has structured the Purchase Price and other terms of this Agreement in consideration thereof. Purchaser has undertaken all such investigations of the Property, as Purchaser deems necessary or appropriate under the circumstances as to the status of the Property and based upon same, Purchaser is and will be relying strictly and solely upon such inspections and examinations and the advice and counsel of its own consultants, agents, legal counsel, and officers. Purchaser is and will be fully satisfied that the Purchase Price is fair and adequate consideration for the Property and, by reason of all the foregoing, Purchaser assumes the full risk of any loss or damage occasioned by any fact, circumstance, condition, or defect pertaining to the Property. 13. DEFAULT: In the event of a default or failure to proceed on the part of Purchaser in this Agreement, Seller's sole remedy shall be to terminate this Agreement and retain the Earnest Money as liquidated damages. Purchaser shall have no further liability for any other sums payable pursuant to this Agreement whether then due or which would otherwise thereafter become due, nor any further obligation of any kind under this Agreement, and all of Purchaser's rights in this Agreement with respect to the Property shall terminate. In the event of default by Seller in this Agreement or failure to proceed on the part of Seller in this Agreement, the Purchaser shall be entitled, at its option, to proceed under this Agreement and waive such default, to enforce the terms of this Agreement, including specific performance or to terminate this Agreement and receive a refund of the Earnest Money, in which event neither Party shall have any further liability to the other. Notwithstanding the foregoing, neither Party shall be deemed to be in default under this Agreement for any failure to comply with its obligations in this Agreement, and the other party shall not terminate nor take any action to terminate this Agreement, until the defaulting party has first been given written notice of any default in this Agreement and has failed to cure such default within fifteen (15) days after receipt of such notice. In the event of any judicial proceedings arising from any alleged breach or default by either party under this Agreement, the prevailing party shall be entitled to recover, and the non-prevailing party shall pay, all of the prevailing party's actual, out-of-pocket costs, expenses and reasonable attorneys' fees incurred in connection with such proceeding. 14. POSSESSION: The Seller shall deliver, and the Purchaser shall accept possession of said property, subject to rights of the following tenants: (None). Seller shall deliver the Property to Purchaser at Closing vacant. 15. APPORTIONMENTS: All property taxes, assessments, water bills, utilities and other obligations pertaining to the Property, which are a lien upon the Property at the date of Closing or which become due and payable prior to the date of Closing, shall be paid by Seller on or before the Closing Date; provided, that current property taxes shall be prorated and adjusted as of the Closing Date. All taxes and assessments and obligations pertaining to the Property which become due and payable after the Closing Date shall be paid by Purchaser. As a matter which shall survive the Closing, in the event the Closing Date shall occur before the actual property taxes and assessments payable during such tax year are lcnown, the apportionment of taxes shall be upon the basis of taxes for the Property payable during the immediately preceding year, provided that, if the taxes and assessments payable during the year in which closing occurs are thereafter determined to be more or less than the taxes payable during the Page 70f 13 125 preceding year, Seller and Purchaser promptly shall adjust the proration of such taxes and assessments and Seller or Purchaser, as the case may be, shall pay to the other any amount required as a result of such adjustment within thirty (30) days from the issuance of the final bill for such actual taxes or assessments. All rents or other slims payable to Seller pursuant to any lease or occupancy agreement affecting the Property in effect as of the date of Closing shall be prorated between Seller and Purchaser as of the date of Closing, and Purchaser shall receive a credit on the purchase price for any security deposit(s) held by Seller pursuant to such leases or agreements. 16.BROKER: Neither party has dealt with any real estate broker in connection with this proposed transaction. Seller and Purchaser shall each indemnify and hold the other harmless from all liability arising from any unpaid brokers fees and commissions payable to any broker engaged by the indemnifying Party. 17. ASSIGNMENT: Purchaser shall have the right to assign this Purchase Agreement without the consent of the Seller to an affiliated party, provided, however, Purchaser shall remain fully liable hereunder to the extent provided in the Agreement. 18. NOTICES: Any notice, delivery or tender required or permitted to be given or served upon any party hereto in connection with this Purchase Agreement shall be deemed to be completed and legally sufficient when (i) personally delivered, or (ii) deposited with an expedited mail service company for delivery on the next business day, or (iii) when a certified or registered letter containing such notice, properly addressed, with postage prepaid and deposited in the United State mails, addressed to the party for whom the same is intended, and the customary certified or registered mail receipt shall be the evidence of such notice. Any party hereto, designate any other address in substitution of the foregoing address to which such notice shall be given and other parties to whom copies of all notices hereunder shall be sent. If any notices or tender is required or permitted to be given on a Saturday, Sunday, or Legal Holiday, then the time for given such notice is hereby extended to the next regular business day. 19. RISK: Except as otherwise provided in this Agreement, all risk of loss or damage to the Property shall be upon Seller until Closing. If prior to the Closing Date any portion of the Property shall be taken by condemnation or eminent domain or damaged or destroyed by fire or other casualty, Purchaser shall have the right to either (i) terminate this Agreement and receive back the Earnest Money Deposit in its entirety, or (ii) purchase the Property in accordance with this Agreement, and the Purchase Price shall not be reduced; provided, however, that Seller's rights to any award resulting from such taking or any insurance proceeds resulting from such fire or other casualty (less any sums expended by Seller for repair or restoration through the Closing Date) shall be assigned by Seller to Purchaser at the Closing. 20. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to any conflict of law principles thereof. Each Party hereby consents to Page 8of 13 126 the jurisdiction and venue of any Federal District Court and State Courts located in County in which the Property is located. In the event that any provision hereof shall be held by any court of competent jurisdiction to be illegal or unenforceable, such provision shall be deemed severable and severed herefrom and the remaining provisions hereof shall remain in full force and effect between the parties. 21. OBLIGATIONS OF PARTIES: (a) At the Closing, the Seller shall execute and/or deliver to Purchaser and shall be otherwise responsible for the following, the delivery of all of which shall be a condition precedent to Purchaser's obligation to close: (i) A Warranty Deed conveying marketable title to the Property free and clear of all liens and encumbrances other than the Permitted Encumbrances, in the form required hereby to be delivered at closing; (ii) An affidavit pursuant to Section 1445 of the Internal Revenue Code that Seller is not a foreign person or other foreign entity, and setting forth Seller's tax identification number, in form satisfactory to Purchaser's counsel; (iii) All discharges or commitments to discharge (e.g., payoff letters) with respect to any lien or other monetary encumbrance to be paid from the sale proceeds; (iv) All state and county transfer taxes payable with respect to the Warranty Deed to be delivered pursuant to this Agreement; and (v) Evidence of Seller's authority to execute this Agreement and the Seller's Documents and to consummate the sale of the Property pursuant to the terms of this Agreement; (vi) The closing statement and such other documents, affidavits or activities as shall be reasonably requested by Purchaser or the Title Company or required by law in order to consummate the Closing and permit the issuance of a policy of title insurance insuring Purchaser's interest in the Property as provided above; and (vii) All keys, codes and/or similar access items with respect to the Property in Seller's possession. (b) At the Closing, the Purchaser shall execute and/or deliver to Seller and shall be otherwise responsible for the following, the delivery of all of which shall be a condition precedent to Seller's obligation to close: (i) The balance of the Purchase Price. (ii) The Closing statement and such other documents, affidavits or activities as shall be reasonably requested by Seller or the Title Company or required by law in order to consummate the Closing. Page 9of 13 127 22.DISCLAIMER: Seller and Purchaser acknowledge and agree that, except as otherwise provided herein, the Property is being purchased and sold in an "AS IS, WHERE-IS, AND WITH ALL FAULTS" as provided in Section 10. Purchaser shall rely solely upon Purchaser's own knowledge of the Property based on its investigation of the Property and its own inspection of the Property in determining the Property's physical condition and Purchaser agrees that it shall, subject to the express warranties, representations, and conditions contained in this Agreement, assume the risk that adverse matters, including but not limited to, construction defects and adverse physical and environmental conditions, may not have been revealed by Purchaser's investigations. Except as expressly set forth in this Agreement to the contrary, Purchaser releases Seller, and their respective successors and assigns from and against any and all claims which Purchaser or any party related to or affiliated with Purchaser has or may have arising from or related to any matter or thing related to or in connection with the Property except as expressly set forth in this Agreement to the contrary. No personal property existing on the Property is being sold under the Agreement. 23.ENVIRONMENT INSPECTIONS AND ASSESSMENTS: To the best of Seller's knowledge, the Property, including but not limited to the improvements thereon, the soil, ground water, surface water and air beneath or above the Property is not (a) contaminated with any dangerous or hazardous materials, chemicals, wastes or other such substances, including but not limited, to gasoline, petroleum, crude oil, asbestos, radon, PCB's, mold or microbial matter, or (b) in violation of any Environmental Laws (as defined below) that apply to the Property. Seller represents that it has not received any written or verbal notice that the Property is not in compliance with any Environmental Laws and there is no civil, criminal or administrative action, suit, demand, claim, hearing, notice of violation, investigation, proceeding, notice of demand letter pending or, to Seller's knowledge, threatened against Seller in respect of the Property relating in any way to Environmental Laws. To the best of Seller's knowledge, the Property is free from the presence of underground storage tanks. For purposes of this Agreement, the term "Environmental Laws" shall mean all federal, state and local laws, including the common law, statutes, rules, regulations, ordinances, permits, guides, orders and consent decrees relating to health, safety and environmental matters as now exist and as may be enacted or amended after the date hereof. Such laws and regulations include, by way of example but not limitation, the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq., as amended; the Emergency Planning and Community Right-To-Know Act of 1986, 42 U.S.C. Section 11001 et seq., as amended, the Resource Conservation and Liability Act, 42 U.S.C. Section 6901 et seq., as amended; the Toxic Substance Control Act, 15 U.S.C. Section 2602 et seq., as amended; the Clean Air Act, 42 U.S.C. Section 7401 et seq., as amended; federal, state and local environmental cleanup programs; federal, state and local environmental lien programs; the Occupational Safety and Health Act of 1970, 29 U.S.C. Section 651 et seq., as amended; the U.S. Department of Transportation regulations applicable to the transportation of Hazardous Materials, any Michigan analog or counterpart to such Environmental Laws, and any regulations promulgated pursuant to such Environmental Laws. Any environmental inspections and assessments of the Property shall be at the Purchaser's expense. Purchaser agree to perform, at its sole cost and expense, all environmental, survey, and other inspections authorized under the Agreement (hereinafter, the "Inspections") of the Property in a safe and lawful manner and agrees to be responsible for any damage to any person or to the Property arising out of the negligence or willful misconduct of Purchaser or its agents. Purchaser Page 10 of 13 128 also shall be responsible for and shall defend, indemnify and hold Seller harmless from and against any claim, loss, lien, liability, action, suit, penalty, cost, damage or expense (including, without limitation, reasonable attorneys' fees, court costs, consultants' fees and expenses) which may be imposed upon, incurred by or asserted against Seller arising out of the acts or omissions of Purchaser or its agents in connection with Inspections conducted on the Property. Purchaser agrees that during the term of the Agreement, unless otherwise instructed in writing by Seller, it shall keep confidential, and not disclose to any other third parties any assessments, findings, results, data or other infornl ation of any kind whatsoever produced, collected or generated by Purchaser or its agents in connection with the Inspections. Purchaser agree to provide Seller promptly with copies of all data, test results and final reports generated as a result of or in connection with the Inspections. In the event that the Agreement expires or terminates without the parties completing the transaction, Purchaser agree to destroy immediately all records and documents reflecting or containing any information of any kind produced, collected or generated in connection with the Inspections. If requested by Seller, Purchaser shall provide Seller with a signed affidavit attesting to the destruction of the information produced through the Inspections. Purchaser shall notify Seller at least 48 hours in advance of all entries onto the Property for Inspections and shall schedule the Inspections on the Property so that Seller may observe such Inspections. Purchaser and its agents shall conduct the Inspections on the Property as expeditiously as possible, at reasonable times and in a manner which does not unreasonably interfere with Seller's or its tenants' activities. 24. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that, except as otherwise expressly provided in this Agreement, TIME IS OF THE ESSENCE for the performance of all actions (including, without limitation, the giving of notices, the delivery of documents, and the funding of money) required or permitted to be taken under this Agreement. 25. NO SURVIVAL: Except as otherwise expressly provided in this Agreement, no representations, warranties, covenants, or other obligations of Seller set forth in this Agreement shall survive the Closing hereunder and no action based thereon shall be commenced after the Closing. 26. COUNTERPARTS; FACSIMILE: This Agreement may be executed in counterparts and, if so executed, the various counterparts shall constitute a single agreement. Signature pages may be transmitted by facsimile and when received shall be as effective as an original signature. 27. ENTIRE AGREEMENT; CAPTIONS: This Agreement and the exhibits attached hereto constitute the entire understanding between the parties hereto concerning Purchaser's right to purchase the Property, and all prior negotiations, discussions, understandings and agreements concerning the same are deemed to be merged herein. This Agreement may not be amended orally, but only in an agreement in writing signed by all of the parties hereto. Captions used herein are for convenience only and do not constitute matter to be construed. [SIGNATURES ON THE FOLLOWING PAGE] Page 11 of 13 129 Page 12 of 13 130 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the dates indicated below. IN THE PRESENCE OF PURCHASER: SOAR RESTARAUNTS LLC NameNik, akta Title: Manager August 18, 2023 Date Address: 7250 Dallas Pkwy Suite 800; Plano, TX 75024 IN THE PRESENCE OF SELLER: CITY OF TAYLOR By: Its: Date Address: Phone: Page 13 of 13 131 Exhibit A Legal Description 09E75 LOT 75 ALSO E 1/2 ADJ VAC ALLEY TELEGRAPH PARK SUB T3S R1OE L53 P35 WCR 09E76 LOT 76 ALSO E1/2 ADJ VAC ALLEY TELEGRAPH PARK SUB T3S R1OE L53 P35 WCR 09E77 LOT 77 ALSO E 1/2 ADJ VAC ALLEY TELEGRAPH PARK SUB T3S R1OE L53 P35 WCR Address: Parcel Numbers: 1) 60-026-02-0075-300 2) 60-026-02-0076-300 3) 60-026-02-0077-300 28140\38\4820-7047-8059.v7 Page 14of 132 Parcel Number: 82 60 026 02 0075 300 Jurisdiction: TAYLOR County: WAYNE Printed on 08/21/2023 ;Grantor 1Grantee Sale;; Sale !Inst. Terms of Sale 1Liber 1Verified 1 Prcnt.! I Price, uate Type & Page by yrrans.; REYES, MICHAEL CITY OF TAYLOR 104,900 09/10/2004 WD '03-ARM'S ! LENGTH ;204564059 iDEED i 100.01 MURZIN, ANNETTE !REYES, MICHAEL 0! 08/25/2004 QC 1 03-ARM'S LENGTH 204564056 1DEED 'iriT36761 ! WALTER J MURZIN PROPERTIE REYES, MICHAEL 1' 01/15/2004 QC !21-NOT USED/OTHER I 100.0! ,1204091353 'DEED 1 Os 03/10/1998 -PTA - 21-NOT USED/OTHER 190001237 : PROPERTY TRANSFERt 0.01 Property Address !Class: COMMERCIAL-VACANT Zoning: R-1C 'Building Permit(s) 7 . Date ;Number Status 1 WEST POINT School: TAYLOR SCHOOL DISTRICT , P.R.E. 0% I Owner's Name/Address MAP 4: fl 'CITY OF TAYLOR 2023 Est TCV 01 23555 GODDARD ;Improved ! X 'Vacant , Land Value Estimates for Land Table COM.COMMERCIAL TAYLOR MI 48180 Public * Factors * Improvements Description Frontage Depth Front Depth Rate %Adj. Reason Value Dirt Road 40.00 139.00 1.0000 0.0000 0 100* 0 Tax Description COMMERCIAL NON MAIN ROAD 5560 SqFt 1.25000 100 SF 6,950 Gravel Road 09E75 LOT 75 ALSO E 1/2 ADJ VAC ALLEY Paved Road * denotes lines that do not contribute to the total acreage calculation. TELEGRAPH PARK SUB T3S R10E L53 P35 WCR Storm Sewer 40 Actual Front Feet, 0.13 Total Acres Total Est. Land Value = 6,950 Comments/Influences Sidewalk Water X Sewer Electric Gas Curb Street Lights Standard Utilities Underground Utils. Topography of Site Level Rolling Low High Landscaped Swamp Wooded Pond Waterfront Ravine Wetland Flood Plain .Year Land; Building! Assessed: Board of! Tribunal/i Taxable Value; Value Value Review: Other; Value! Who When What 2023 EXEMPT, EXEMPT EXEMPT EXEMPT; 2022 ; EXEMPT; EXEMPT EXEMPT EXEMPT! he Equalizer. Copyright (c) 1999 - 2009. 2021 ! 0! 0 0 0! !Licensed To: City of Taylor, County of iWayne, Michigan 2020 0; 0 01 *** Information herein deemed reliable but not guaranteed*** 133 Parcel Number: 82 60 026 02 0076 300 Jurisdiction: TAYLOR County: WAYNE Printed on 08/21/2023 1 Grantor :antee Sale Sale 'Inst. Terms of Sale )Liber Verified 'Prcnt.i Price Date Type l& Page By !Trans.; 41EYES, MICHAEL CITY OF TAYLOR 104,900 09/10/2004 WD 03-ARM'S LENGTH 1204564059 DEED 1 -613701 !MURZIN, ANNETTE REYES, MICHAEL 0 08/25/2004 ,QC '03-ARM'S LENGTH I204564056 DEED 100.0 WALTER J MURZIN PROPERTIE :REYES, MICHAEL 1 01/15/2004 !QC 03-ARM'S LENGTH 204091353 DEED F-Ibo.o; 0. 03/10/1998 ,PTA i21-NOT USED/OTHER /90001239 PROPERTY TRANSFERI 0.0 Property Address Class: COMMERCIAL-VACANT 1Zoning: R-1C Building Permit(s) Date Number 1Status WEST POINT !School: TAYLOR SCHOOL DISTRICT P.R.E. 0% Owner's Name/Address 'MAP 41: CITY OF TAYLOR 2023 Est TCV 0! 23555 GODDARD TAYLOR MI 48180 !Improved ) X !Vacant ;Land Value Estimates for Land Table COM.COMMERCIAL Public * Factors * Improvements ,Description Frontage Depth Front Depth Rate %Adj. Reason Value Dirt Road 40.00 139.00 1.0000 0.0000 0 100* 0 Tax Description COMMERCIAL NON MAIN ROAD 5560 SqFt 1.25000 100 SF 6,950 Gravel Road 09E76 LOT 76 ALSO E1/2 ADJ VAC ALLEY Paved Road * denotes lines that do not contribute to the total acreage calculation. TELEGRAPH PARK SUB T3S R10E L53 P35 WCR Storm Sewer 40 Actual Front Feet, 0.13 Total Acres Total Est. Land Value = 6,950 !Comments/Influences Sidewalk Water X Sewer Electric Gas Curb Street Lights Standard Utilities Underground Utils. Topography of Site 'Level Rolling Low High Landscaped Swamp Wooded Pond waterfront Ravine Wetland Flood Plain ;Year Land Building Assessed Board of Tribunal/ Taxable! Value Value Value Review; Other! value; Who When What :2023 EXEMPT! EXEMPT EXEMPT! ! EXEMPT! i2022 EXEMPT! EXEMPT: EXEMPT; EXERFil, The Equalizer. Copyright (c) 1999- 2009. 2021 0' oi 'Licensed To: City of Taylor, County of Wayne, Michigan !2020 ! *** Information herein deemed reliable but not guaranteed*** 134 Parcel Number: 82 60 026 02 0077 300 Jurisdiction: TAYLOR County: WAYNE Printed on 08/21/2023 !Grantor Grantee Sale Sale 'Inst. Terms of Sale ;Liber ;Verified I Prcnt. 1 Price Date Type ,& Page By ! Trans.; !REYES, MICHAEL CITY OF TAYLOR 104,900 09/10/2004 WD 03-ARM'S LENGTH 204564059 DEED loo.o: 1MURZIN, ANNETTE ;REYES, MICHAEL 0 08/25/2004 QC 03-ARM'S LENGTH 204564056 DEED ! 100.0; 'WALTER J MURZIN PROPERTIE ,REYES, MICHAEL 1 01/15/2004 !QC 03-ARM'S LENGTH 204091353 DEED hibo.o; 0 03/10/1998 PTA 21-NOT USED/OTHER 90001241 PROPERTY TRANSFER! 0.0 1Property Address 1Class: COMMERCIAL-VACANT 1Zoning: R-1C !Building Permit(s) Date Number !Status ;WEST POINT School: TAYLOR SCHOOL DISTRICT P.R.E. 0% !Owner's Name/Address MAP #: !CITY OF TAYLOR 2023 Est TCV 0; 23555 GODDARD 'I'AYLOR MI 48180 Improved IX Vacant ;Land Value Estimates for Land Table COM.COMMERCIAI Public 1 * Factors * CORNER LOT Improvements ' Description Frontage Depth Front Depth Rate %Adj. Reason Value Dirt Road 40.00 139.00 1.0000 0.0000 0 100* 0 Tax Description COMMERCIAL NON MAIN ROAD 5560 SqFt 1.25000 100 SF 6,950 Gravel Road 09E77 LOT 77 ALSO E 1/2 ADJ VAC ALLEY Paved Road * denotes lines that do not contribute to the total acreage calculation. TELEGRAPH PARK SUB T3S R1OE L53 P35 WCR Storm Sewer 40 Actual Front Feet, 0.13 Total Acres Total Est. Land Value = 6,950 ;Comments/Influences Sidewalk Water X Sewer Electric Gas Curb Street Lights Standard Utilities Underground Utils. Topography of Site ;Level Rolling Low High Landscaped Swamp Wooded Pond Waterfront Ravine 'Wetland Flood Plain Year Land; Building Assessed; Board of Tribunal/? Taxable! Value! Value Value Review Other; Value; Who When What 2023 EXEMPT EXEMPT EXEMPT EXEMPT! 2022 EXEMPT' EXEMPT EXEMPT EXEMPT! The Equalizer. Copyright (c) 1999 - 2009. 2021 13 0 0 Licensed To: City of Taylor, County of Wayne, Michigan 2020 0! 0 *** Information herein deemed reliable but not guaranteed*** 135 Cornell ST Curnell Si ,7; 'SE TO 0 I 0 0 r4 CO 1- - 1-- 1 --- 1 I I I I i I I I m 1 ,,, -,N I m I CT x`i i I 1 i CT i 0 CO 1 I ! ! i 1 I I i WeStpolot 51 Westpolnl St ^ 0 In In co 0 In co co EA) 136 OFFER TO PURCHASE REAL ESTATE THIS AGREEMENT ("Agreement") is made and entered into as of August , 2023 ("Contract Date") by and between REA Investment Group ("Purchaser"), of 1088 Mohegan St, Birmingham, MI 48009, and The City of Taylor ("Seller") of 23555 Goddard Rd, Taylor, MI 48180. Seller agrees to sell and convey to Purchaser, and Purchaser agrees to purchase from Seller, for the purchase price set forth below, and on the terms and conditions set forth in this Agreement (a) the building(s) and/or land as known as, described on Exhibit "A" ("Property"), Parcel ID# 60-019-99-0005-000 (b) together with the Land and all rights, easements and interests appurtenant thereto including, but not limited to, any streets or other public ways adjacent to the Land and any water or mineral rights owned by, or leased to, Seller; (c) all improvements located on the Land, including, but not limited to, the Buildings, and all other on-site structures, systems, fixtures, and utilities associated with, and utilized by Seller in the ownership and operation of the Buildings upon the following conditions: 1. PURCHASE PRICE: The total purchase price to be paid to Seller by Purchaser for the Property shall be: Three Hundred Thousand and 00/100 Dollars ($300,000.00) ("Purchase Price"). 1. TIME OF CLOSING: The purchase and sale contemplated herein shall be consummated at a closing to take place at the local offices of Title Connect, LLC, 28470 W. Thirteen Mile Rd., Ste. 325, Farmington Hills, MI 48334, or a location as otherwise agreed by Purchaser and Seller. The closing shall occur on or before the latter of: (i) the date ten (10) days after the Inspection Period (as hereinafter defined) or at such time as the parties may agree upon in writing. 2. EARNEST MONEY: Not later than three (3) business days following the signed Contract Date, Purchaser shall deposit Ten Thousand and 00/100 ($10,000.00) Dollars into escrow with Title Company as Purchaser's earnest money deposit ("Earnest Money" or "Deposit"). At Closing, the Earnest Money shall be delivered to the Seller and credited against the Purchase Price. All interest (if any) earned on the Earnest Money shall be paid to the Purchaser. 3. SELLER'S DELIVERIES: Seller shall deliver to Purchaser, or cause to be delivered to Purchaser if not in Seller's possession, no later than five (5) days after the Contract Date, the following documents: a) copies of any bills and other notices pertaining to any real estate taxes or personal property taxes applicable to the Property for the current year and the three (3) years immediately preceding the Contract Date; a) copies of all final, written, third-party reports regarding soil conditions, ground water, wetlands, woodlands, underground storage tanks, subsurface conditions and/or other 1 137 environmental or physical conditions (Phase I/II and/or BEA) relating to the Property, in Seller's possession or control; b) copies of all engineering and architectural plans, site plans, renderings and specifications, drawings, studies and surveys relating to the Property, in Seller's possession or control; and c) Any applications, permits, or site plans to the extent that such materials are assignable. d) copies of Seller's most recent owner's title policy issued in connection with the Property and the most recent ALTA survey of the Property; and e) copies of all, if any, of the following in Seller's possession or control: subdivision plans or plats, variances, parcel maps or development agreements relating to the Property; and licenses, permits, certificates, authorizations, or approvals issued by any governmental authority in connection with the construction, ownership, use and occupancy of the Property. 4. INSPECTION PERIOD: Purchaser shall have a One Hundred and Eighty (180) day due diligence period ("the Inspection Period") commencing on the date Purchaser has received all Seller's Deliveries in Section 4, within which to examine the Property in order to determine the feasibility of purchasing the Property. At all times prior to Closing, including times following the Inspection Period or Extension Period, Purchaser, its agents and representatives shall be entitled to conduct its due diligence which includes the rights to: a) enter upon the Land and Improvements, on reasonable notice to Seller, to perform inspections and tests of the Property; a) make investigations with regard to zoning, environmental and other legal requirements; b) make or obtain, at Purchaser's expense, market studies and real estate tax analyses; and; c) determine if the ground conditions are satisfactory to Purchaser, including but not limited to, soil conditions, water table, elevations, and topography to accommodate Purchasers contemplated development using normal construction methods and conventional footing and foundations. Purchaser shall conduct such tests at its sole costs and expense; d) obtain such "Governmental Approvals" necessary to own and operate the Property for Purchaser's intended use; for purposes of this Agreement, "Governmental Approvals" shall include but not be limited to re-zoning of the Land, obtaining any state, county, or local permits, approvals related to any tax increment fmancing, wetlands and/or woodlands determinations and approvals, and such site plan, special use, or building permit approvals as necessary to develop the Land for Purchaser's intended use, as determined by Purchaser in its sole discretion. 2 138 If, at any time during the Inspection Period, as may be extended as necessary as set forth above, Purchaser, in its sole and absolute discretion, determines for any reason whatsoever, or no reason at all, that the Property is unsatisfactory to it, then Purchaser shall have the right to terminate the transaction set forth herein by delivering a written notice of termination to Seller (the "Termination Notice"), with a copy to the Escrow Agent, given not later than the end of the Inspection Period or any Extension Period. Thereafter, the Deposit, less the fees and expenses of the Escrow Agent, shall be promptly returned by Escrow Agent to Purchaser and neither party shall have any further liability under this Agreement except as otherwise expressly provided hereunder. So long as the Purchaser provides the notice to terminate this Agreement to the Escrow Agent and Seller prior to the expiration of the Inspection Period, as may be extended, no mutual release shall be required to have the Escrow Agent return the balance of the Earnest Money Deposit to the Purchaser. 5. EVIDENCE OF TITLE: Seller shall order at Seller's sole cost, a commitment for commitment of title (the "Title Commitment") dated after the Contract Date, issued through the agent Title Company, for an owner's title insurance policy ("the "Title Policy"), ALTA Policy Form, in the full amount of the Purchase Price, together with endorsements reasonably requested by Purchaser, including a zoning endorsement. The seller shall request that the Title Commitment be delivered to Purchaser together with copies of all recorded documents evidencing title exceptions raised in Schedule B of the Title Commitment. Seller shall pay all title insurance premiums and costs for an ALTA title insurance policy without standard exceptions (the "Title Policy") but provided Seller shall not be responsible for the costs and expenses of a survey of the Property if a survey is required to remove any standard exception for which the Title Company requires a survey for such removal. The seller shall provide such customary affidavits and documents as the Title Company may require issuing said policy of insurance. 6. TITLE OBJECTIONS: If the title is defective, based upon a written opinion from the Purchaser or his attorney, the Seller shall have thirty (30) days to either 1) remedy the title defects, 2) obtain title insurance specifically insuring against the defect(s) in question, or 3) refund the entire deposit in full termination of this agreement if unable to remedy the title or obtain title insurance. If the Seller remedies the title or shall obtain such title policy within the time specified, the Purchaser agrees to complete the sale within ten (10) days of written notification thereof. In the event that the Seller is unable to remedy the defects to the title, the Purchaser may accept title as is or cancel this Agreement, in which case the entire deposit will be refunded in full termination of this Agreement. Notwithstanding the foregoing, however, in the event any title issue can be corrected by paying a specific amount of money (must be a specific amount such as a lien as opposed to an environmental issue which may not have a definitive amount to pay) in order to release or discharge any interest or exception, the sales proceeds will be utilized to eliminate such title defect. 3 139 7. SELLERS REPRESENTATION AND WARRANTY: Notwithstanding anything contained within this Agreement to the contrary, the representation, warrants, and covenants provided by Seller under Paragraphs 8 and 9 shall expire 1 year after closing of this transaction. Seller hereby represents, covenants, and warrants to Purchaser as follows: a) That Seller holds marketable title and has good and lawful right to sell the same to Purchaser hereunder. a) There are no liens, charges, special assessments, payback agreements, service contracts or other similar capital installation obligations which are or may become a lien upon the property or assets. b) Except as disclosed in the deliveries referenced in Section 4 above, to Seller's actual knowledge, the Property has not been utilized for the deposit or storage of any toxic substance or Hazardous Materials and there are no existing violations of any Federal, state or local law, ordinance or regulation governing the transportation, storage or disposal of toxic or hazardous substances with regard to the Property. c) No prior unexpired options or rights of first refusal have been granted by Seller to any third parties to purchase or lease any interest in the Property or obtain any license or other agreement regarding the use of the Property. d) To Seller's actual knowledge, there are no unrecorded easements or rights-of- way on the Land e) Seller has the full power and authority to execute and deliver this Agreement and all other documents or instruments that this Agreement obligates Seller to execute or deliver (collectively, the "Seller's Documents") and to perform and carry out all covenants and obligations arising under this Agreement and Seller's Documents. f) This Agreement and Seller's Documents do not and will not conflict with or contravene any provision of any present judgment, order, decree, writ or injunction, or any provision of any currently applicable law or regulation affecting Seller. g) There is no pending, or to Seller's actual knowledge, threatened judicial, municipal or administrative proceedings materially affecting the Property. h) Seller has no actual knowledge of a pending condemnation or other governmental taking proceedings affecting all or any part of the Property. i) Seller has no lease with any tenant or occupant related to the property. The representations, warrants and covenants of the seller contained herein shall be true and correct as of the closing date and survive the closing on the Closing Date as set forth above. 8. COVENANTS OF SELLER: Effective as of the Contract Date, Seller hereby covenants with Purchaser as follows: 4 140 a) Seller shall not execute or amend any service contracts, lease agreements, license(s), or other agreement affecting the ownership or operation of the Property or for personal property. a) After the Contract Date and prior to Closing, Seller shall not assign, alienate, lien, encumber or otherwise transfer all or any part of the Property or any interest therein. b) Seller shall cooperate with Purchaser in good faith to assist Purchaser in obtaining any necessary Governmental Approvals (as defined in Inspection Period) prior to Closing. c) Seller shall, to the extent Seller obtains knowledge thereof, promptly notify Purchaser of any change in any condition with respect to the Property, or of the occurrence of any event or circumstance, that makes any representation or warranty of Seller to Purchaser under this Agreement untrue or misleading, or any covenant of Seller under this Agreement incapable or less likely of being performed, it being understood that Seller's obligation to provide notice to Purchaser under this Section 9 shall in no way abrogate Purchaser's right to terminate this Agreement or relieve Seller of any liability for a breach by Seller of any of its representations, warranties or covenants under this Agreement, except as may otherwise be expressly provided herein. All covenants made in this Agreement by Seller shall survive the Closing and shall not be merged into any instrument or conveyance delivered at Closing. 9. SELLER DEFAULT In the event default by the Seller hereunder, the Purchaser may, at its option, elect to enforce the terms hereof by way of specific performance and be permitted to pursue all remedies by law including liquidated damages cost, court cost and attorney fees, and be entitled to an immediate refund of his entire deposit in full termination of this agreement. 10. PURCHASER DEFAULT: In the event of default by the Purchaser hereunder, the Seller, as its sole remedy, shall declare forfeiture hereunder and retain the deposit as liquidated damages. 11. POSSESSION: Seller shall deliver the Property to Purchaser at Closing. 12. TAXES AND PRORATED ITEMS: All taxes and assessments of every kind and description, extraordinary as well as ordinary, and now of record, that maybe levied on the Property, shall be paid by Seller; provided, however, any future installments for ordinary, special or extraordinary taxes that are now a lien on the Property but are not due and payable shall be paid by Purchaser as such installments become due and payable; and provided that current year taxes shall be prorated on the basis of local custom. Interest, rent and water bill shall be prorated and adjusted as of the date of closing. 5 141 13. BINDING The covenants herein shall bind and inure to the benefit of the executors, administrators, successors and assigns of the respective parties. 14. REVOCABILITY OF OFFER: It is understood that this offer is irrevocable for five (5) days from the date hereof, and if not accepted by the Seller within that time, the offer to purchase same be deemed null and void. If the offer is accepted by Seller, the Purchaser agrees to complete the purchase of said property within the time indicated in Paragraph 2, subject to the terms of this Agreement, including the right to terminate this Agreement. 15. ASSIGNMENT: Purchaser shall have the right to assign this Purchase Agreement without the consent of the Seller, provided, however, Purchaser shall remain liable hereunder to the extent provided in the agreement. 16. NOTICES: Notice shall be provided to the Parties at the addresses provided in the first paragraph of this Purchase Agreement. Any notice, delivery or tender required or permitted to be given or served upon any party hereto in connection with this Purchase Agreement shall be deemed to be completed and legally sufficient when (I) personally delivered, or (II) deposited with an expedited mail service company for delivery on the next business day, or (III) when a certified or registered letter containing such notice, properly addressed, with postage prepaid and deposited in the United State mails, addressed to the party for whom the same is intended, and the customary certified or registered mail receipt shall be the evidence of such notice. Any party hereto, designate any other address in substitution of the foregoing address to which such notice shall be given and other parties to whom copies of all notices hereunder shall be sent. If any notices or tender is required or permitted to be given on a Saturday, Sunday, or Legal Holiday, then the time for given such notice is hereby extended to the next regular business day. 17. RISK: Except as otherwise provided in this Agreement, all risk of loss or damage to the Property shall be upon Seller until Closing. 18. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan. Each Party hereby consents to the jurisdiction and venue of any Federal District Court and State Courts located in the County in which the Property is located. In the event that any provision hereof shall be held by any court of competent jurisdiction to be illegal or unenforceable, such provision shall be deemed severable and severed herefrom and the remaining provisions hereof shall remain in full force and effect between the parties. 6 142 In the event that either party commences litigation to enforce any of the terms, covenants and conditions of this Agreement and the other party is found to be in breach or default hereof, then the non-breaching party shall be entitled to reimbursement of all costs and expenses incurred in connection with such enforcement, including reasonable attorney's fees. The parties agree jurisdiction shall be in Wayne County, Michigan for any such litigation. 19. SELLER'S OBLIGATIONS: At the Closing, the Seller shall execute and/or deliver to Purchaser and shall be otherwise responsible for the following, the delivery of all of which shall be a condition precedent to Purchaser's obligation to close: a. A Warranty Deed conveying title to the Property in the form required hereby to be held in escrow by the Title Company if Seller elects a Land Contract or a Warranty Deed if Seller elects a Promissory Note with a mortgage; a. An affidavit pursuant to Section 1445 of the Internal Revenue Code that Seller is not a foreign person or other foreign entity, and setting forth Seller's tax identification number, in form satisfactory to Purchaser's counsel; b. All discharges or commitments to discharge (e.g., payoff letters) with respect to any lien or other monetary encumbrance to be paid from the sale proceeds; c. A general assignment all rights of Seller (only to the extent assignable), if any, under the Permits and the Plans and Specifications; d. All state and county transfer taxes payable with respect to the Warranty Deed to be delivered pursuant to this Agreement; e. The closing statement and such other documents or activities as shall be reasonably requested by Purchaser or the Title Company or required by law in order to consummate the Closing and permit the issuance of a policy of title insurance insuring Purchaser's interest in the Property as provided above. 20. BROKER COMMISSION Purchaser represents and warrants that its Agent, Leigh Wiseman/Maxwell Commercial Real Estate, LLC is representing it in this transaction and Seller represents that its Agent (such persons are herein collectively identified as "Broker"). Purchaser and Seller represent and warrant that, except for the Broker reference above, Purchaser and Seller have not entered into any agreement which might result in an obligation to pay any brokerage commission, finder's fee or other compensation with respect to the transaction contemplated hereby. Each party agrees to 7 143 indemnify and hold the other harmless from and against any losses, liabilities, damages, costs and expenses (including attorney's fees) incurred by the other by reason of any breach or inaccuracy of the representation and warranty contained in this Section. The provisions of this Section shall survive the Closing, or if the Closing does not occur, the termination of this Agreement. IN THE PRESENCE OF PURCHASER: REA Investment Group Date: Address: 1088 Mohegan St Birmingham, MI 48009 IN THE PRESENCE OF SELLER: By: Representative of The City of Taylor Date: Address: 23555 Goddard Rd Taylor, MI 48180 8 144 Exhibit A Address: Trolley Industrial Drive Taylor, MI 48180 Parcel ID #: 60-019-99-0005-000 Legal Description: 07U1A4A THAT PART OF THE S W 1/4 OF SEC 7 DESCRIBED AS BEGINNING AT A POINT ON THEE AND W 1/4 LINE OF SAID SECTION DISTANT N 87D 20M E 666.53 FT FROM THE W 1/4 COR OF SEC 7 AND PROCEEDING THENCE N 87D 20M E ALONG SAID LINE 165.28 FT. THENCE S OD 04M 30SEC E 287. 5 FT TO THE N LINE OF THE WABASH R R RIGHT OF WAY. THENCE S 731) 06M 40SEC W ALONG SAID N LINE 261.87 FT. THENCE N 13D 26M E 366.26 FT TO THE POINT OF BEGINNING 1.50 ACRES 9 145 Tasks Results 26986 Search Parcel By Parcel Nurnoer _Query result • •• Displayed features:1/1 Et TaxParcel: 60019990005000 Address: TROLLEY IND DR Street Vew: c2Qg1tulaieLyiext .629 ft 27100 ting_map street view Owner Name and Address: 27060 CITY OF TAYLOR 23555 GODDARD RD TAYLOR, MI, 48180 Cterent taxable Val: 50.00 Cu, rent assessed Val: 50.00 8201 p•ev ous assessed S0.00 , Zoning: 1-2 Class: INDUSTRIAL-VACANT Land valt;e: 594,743.60 Land acreage;ac.): 1.50 Lot frontagel:fe: 165.28 27055 Lo: d ep:Nfc): 287.85 8221 27075 Residential Building Info: Year puilt: Res. floor a ree(sq.ft): 0.00 X Legal Descr pion: 07U1A4ATHAT PART OF THE S 27135 W 1/4 OF SEC 7 DESCRIBED AS BEGINNING AT A POINT ON THE E AND W 1/4 UNE OF SAID SECTION DISTANT N 87D 20M E 666.53 FT FROM THEW 1/4 COR OF SEC 7 AND PROCEEDING THENCE N 87D 20M E ALONG SAID UNE 165.28 FT. THENCE SOD 04M 305 27381 8501 146 Parcel Number: 82 60 019 99 0005 000 Jurisdiction: TAYLOR County: WAYNE Printed on 08/21/2023 Grantor Grantee Sale Sale Inst. Terms of Sale ]Liber Verified Prcnt. Price Date Type I& Page By Trans.! ;Property Address Class: INDUSTRIAL-VACANT Zoning: 1-2 :Building Permit(s) Date iNumber IStatus !TROLLEY IND DR School: TAYLOR SCHOOL DISTRICT ,P.R.E. 0% lOwner's Name/Address • MAP #: CITY OF TAYLOR 2023 Est TCV 0 23555 GODDARD RD TAYLOR MI 48180 Improved X Vacant Land Value Estimates for Land Table 3003.INDUSTRIAL NORTH 1 Public * Factors * DRAIN(W.SD)/RAILROAD(S.SD Improvements Description Frontage Depth Front Depth Rate %Adj. Reason Value Dirt Road 197.48 287.85 1.0000 0.0000 0 100* 0 'Tax Description 261.87 366.26 1.0000 0.0000 0 100* 0 Gravel Road 07U1A4A THAT PART OF THE S W 1/4 OF SEC 7 Paved Road SQUARE FOO INDUSTRIAL NOR 65340 SqFt 1.45000 100 SF 94,743 DESCRIBED AS BEGINNING AT A POINT ON THE Storm Sewer * denotes lines that do not contribute to the total acreage calculation. E AND W 1/4 LINE OF SAID SECTION DISTANT Sidewalk 427 Actual Front Feet, 1.50 Total Acres Total Est. Land Value = 94,743 N 87D 20M E 666.53 FT FROM THE W 1/4 COR Water OF SEC 7 AND PROCEEDING THENCE N 87D 20M X Sewer E ALONG SAID LINE 165.28 FT. THENCE S OD Electric 04M 30SEC E 287. 5 FT TO THE N LINE OF Gas THE WABASH R R RIGHT OF WAY. THENCE S 73D Curb 06M 40SEC W ALONG SAID N LINE 261.87 FT. Street Lights THENCE N 13D 26M E 366.26 FT TO THE POINT Standard Utilities OF BEGINNING 1.50 ACRES Underground Utils. Comments/Influences Topography of Site Level Rolling Low High Landscaped Swamp Wooded Pond Waterfront Ravine Wetland Flood Plain Year Land Building Assessed Board of Tribunal/ Taxable! Value Value Value Review Other Value! Who When What '2023 EXEMPT EXEMPT EXEMPT EXEMPT! 2022 , EXEMPT EXEMPT EXEMPT EXEMPT EXEMPTI The Equalizer. Copyright (c) 1999 - 2009. 2021 ) 0 Oi 0 - 01 Licensed To: City of Taylor, County of , Wayne, Michigan i2020 0. 0' 0 *** Information herein deemed reliable but not guaranteed*** 147 8/24/23, 1:14 PM City of Taylor Mail - Fwd: Taylor PA .AMNI i Paula Fisher City of Taylor Fwd: Taylor PA 1 message Tim Keyes c Tue, Aug 15, 2023 at 11:58 AM To: Sent from my iPhone Begin forwarded message: From: Tim Keyes Date: August 14, 2023 at 5:47:59 PM EU I To: Ed Plato Subject: Re: Taylor PA Thanks Sent from my iPhone On Aug 14, 2023, at 4:13 PM, Ed Plato l> wrote: Tim, Based on our recent communications and the assessor's evaluation of the property for substantially less that the offer, I am good with the terms of this Purchase agreement. Thanks, Ed Edward D. Plato Attorney at Law The Plato Law Firm 148 https://mail.google.com/mail/u/0/?ik=38736aea4b&view=pt&search=all&permthid=thread-f1774311785571983670&simpl=msg-f:1774311785571983670 1/3 September 18th - CLOSE Weekday / Weekend Holiday 9 Holes Walking 9 Holes Riding 18 Holes Walking 18 Holes Riding WD WE WD WE WD WE WD WE Resident $ 19 $ 25 $ 27 $ 39 Non-Resident $ 23 $ 29 $ 33 $ 45 Adult Midday $ 19 $ 25 $ 27 $ 39 Valid Anyday after 12:00pm Senior Resident $ 15 $ 20 $ 22 $ 29 Not Valid Weekends before 2pm Senior Non-Resident $ 17 $ 22 $ 25 $ 32 Not Valid Weekends before 2pm Junior $ 15 $ 20 $ 22 $ 29 Not Valid Weekends before 2pm Twilight $ 25 after 4pm daily all you can play until sunset Weekday / Weekend Holiday 9 Holes Walking 9 Holes Riding 18 Holes Walking 18 Holes Riding WD WE WD WE WD WE WD WE Resident $17 $22 $22 $32 Non-Resident $20 $25 $25 $35 Adult Midday $17 $22 $22 $32 Valid Anyday after 12:00pm Senior Resident $13 $16 $18 $22 Not Valid Weekends before 2pm Senior Non-Resident $16 $19 $20 $25 Not Valid Weekends before 2pm Junior $13 $16 $18 $22 Not Valid Weekends before 2pm Twilight $22 after 4pm daily all you can play until sunset 149 Mold Masters January 26, 2007 IBM Service Suite Renewal Hardware Maintenance Extension Proposal Prepared For: The City of Taylor August 15, 2023 IBM Hardware Maintenance Contract (24x7) . . . . . . . . . . . . . . . . . . . . . . . . $3,500.00 This IBM Hardware will be placed on maintenance with IBM through this contract wri en by Datana onal Corpora on. All covered comp- onents will be placed on a 24x7 IOR (IBM On-Site Repair/Exchange) contract. Under this contract, The City of Taylor will be billed once at the beginning of the contract term, which will run from 10/1/2023 un l 9/30/2024 for the 8202-E4C. This contract covers the following hardware: (1) 8202-E4C #EPC5 w/#5638 Tape (S/N: 510CR) - IBM Power 720 (1) 7310-CR3 (S/N: B746A) - IBM Rack-mount HMC (1) 7316-TF3 (S/N: 0124D) - IBM Flat Panel Console Note: Price does not include taxes or shipping charges, which will be reflected on invoice. Note: This price will guarantee maintenance pricing for the term of the contract. Terms and Conditions 1. Exclusion of Liability. DATANATIONAL makes and customer receives no warranty other than that stated above, express or implied, and all warranties of merchantability and fitness for a particular purpose are expressly excluded. DATANATIONAL shall have no liability with respect to its obligations under this agreement for loss of profits or any direct or indirect, special or incidental or consequential damages, however incurred or designated, arising out of any claim. 2. Proprietary Information. In order that DATANATIONAL EMPLOYEES may effectively provide the Services for which DATANATIONAL is hired, it may be necessary or desirable for CUSTOMER to disclose confidential or proprietary information concerning its business affairs, property, methods of operation, processing systems or other information. DATANATIONAL hereby agrees to maintain the confidentiality of such information which is clearly marked or labeled as confidential and to treat such information with the same degree of care and security as DATANATIONAL treats its own most confidential information. 3. Personnel. It is understood and agreed that the personnel furnished by DATANATIONAL (herein referred to as EMPLOYEES) to perform the services shall be and will remain DATANATIONAL EMPLOYEES and under no circumstances are such EMPLOYEES to be considered CUSTOMER's employees or agents, and shall be in an independent contractor relationship to CUSTOMER at all times. CUSTOMER agrees that neither it nor its employees or agents will attempt to influence DATANATIONAL EMPLOYEES to seek employment with CUSTOMER during the term of this Agreement nor for one (1) year thereafter employ or make use of the services of any DATANATIONAL EMPLOYEES. Taylor 8202 Service Suite 2023.docx -1- © 2023 Datana onal Corpora on 150 The City of Taylor August 15, 2023 4. Miscellaneous. This Agreement shall be governed by the laws of the State of Michigan. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the remainder of this Agreement shall not be affected thereby. If any portion of this Agreement is held by a court of competent jurisdiction to conflict with any federal, state or local law, such portion or portions of this Agreement are hereby declared to be of such force and effect as is permissible in such jurisdiction. Section headings have been included in this Agreement merely for convenience or reference. They are not to be considered part of or to be used in interpreting this Agreement. DATANATIONAL and CUSTOMER represent that the execution and performance of the terms of this Agreement have been duly authorized and that this Agreement is a valid and legally binding obligation enforceable in accordance with its terms. Neither this Agreement, nor any interest therein, shall be assigned by CUSTOMER without prior written consent of DATANATIONAL. Any attempt to assign any of the rights, duties or obligations without such consent is void. All notices required by this Agreement shall be in writing. The toleration or sufferance of a breach or default under this Agreement shall not be construed to be a waiver of such or any subsequent breach or default. This Agreement contains the entire agreement between CUSTOMER and DATANATIONAL with respect to the subject matter. All prior arrangements or understandings are superseded by this Agreement. This Agreement may be modified or amended only in writing signed by each of the parties. The terms and conditions of this Agreement shall extend to and inure to the benefit of and be binding on the respective successors and assigns of CUSTOMER and DATANATIONAL, subject to the limitation on assignment described above. ACCEPTANCE: Upon signature of acceptance, this proposal becomes a firm order. TERMS: Balance in full is due upon receipt of invoice. For The City of Taylor For Datana6onal Corpora6on __________________________ _________________________ Signature Signature __________________________ _________________________ Printed Name Printed Name __________________________ _________________________ Title Title _____________ _______ / _______ / 2023 _______ / _______ / 2023 P.O.# Date Date Taylor 8202 Service Suite 2023.docx -2- © 2023 Datana onal Corpora on 151 CITY OF TAYLOR SOLE SOURCE JUSTIFICATION FORM INSTRUCTIONS: Complete this entire form, including BOTH SECTIONS I and II for all sole source purchases. Send the completed form to the Budget & Finance Department, Central Purchasing. In compliance with Section 4.12 of the City of Taylor Purchasing Policy, this document shall accompany any sole source request to the City Council as part of council package for review and consideration. Failure to provide the requested information and supporting documentation will most likely result in postponement. If you have any questions, or need additional assistance, contact the Purchasing Office at 734.374.1459 or 734.374.1396. Information is also available at http://www.cityoftaylor.com/purchasing. NOTE: 1. Price is never a basis for a sole source request. 2. Supporting documentation must accompany this form. Requisition Title (or) #: AS400 Hardware Support Commodity/service being purchased: Hardware Support Proposed purchase price: $ 3,500 Proposed / Requested Supplier: Data National Requested by: Ryan Moore Department: IT Date: 9/5/2023 Email/phone #: rmoore@ci.taylor.mi.us Sole source justification prepared by: Ryan Moore I. SOLE SOURCE JUSTIFICATION 1. A Sole Source Purchase is available from only one supplier and meets at least one of the following criteria (please check the appropriate boxes): One-of-a-kind- The commodity or service has no competitive product alternatives on the market. Compatibility - The commodity or service matches existing brand of equipment for compatibility. Replacement part - The commodity is a replacement part for a specific brand of existing equipment. Unique design - The commodity or service meets physical design or quality requirements. Professional Service - The service falls under the Purchasing Policy Professional Service Section 4.10. If any of the above apply – Are you aware of other sources (other than the one requested) that could offer the exact brand or service, such as a distributor, third party broker, or reseller? If so, please list possible sources. OR Delivery date - ONLY ONE SUPPLIER can meet necessary delivery date requirement for the required quantity on . Emergency - URGENT NEED for the item or service does not permit soliciting competitive bids, as in cases of emergencies, disaster, etc., which was required on 2. Briefly explain what it is about this product or service that only this vendor can meet: Data National is the AS400 provider the city works with and preferred reseller of IBM hardware support. 1| P a g e 152 CITY OF TAYLOR SOLE SOURCE JUSTIFICATION FORM 3. Indicate if the product or service has been purchased for this department in the past, the approximate date of purchase, and purchase order number, if known: 4. List the specific important features or specific performance specifications or parameters that make this product or service unique or proprietary, AND indicate specifically why these unique features are important to your department operations: Data National is the AS400 provider the city works with and preferred reseller of IBM hardware support. 5. List other suppliers generally believed to offer the same or very similar product or service. Indicate if they were contacted for a description and/or price of their product or service. If they were not contacted, indicate why they were omitted. Indicate for each specifically why their product or service is judged to be unacceptable. a) b) c) II. DOCUMENTATION OF PRICE REASONABLENESS Check the box(es) that apply and provide information: 1. I determined that the price is reasonable for one of the following reasons: (a) I compared the proposed price to prices I previously paid for the same or similar goods and/or services. See PO# (Specify price: $ ) (b) I compared the proposed price to current published catalog, price lists, or market prices as documented in the attachments (attach relevant documentation) and the proposed price is less. (c) I compared the proposal price to similar benchmarks, (e.g., dollars per pound, horsepower, or other units of measure) to identify any gross inconsistencies. Describe comparisons made: (d) Based on my knowledge of the market, my experience of prior similar proposals. Describe basis of market knowledge or reference prior proposals: Fair price for aging equipment. (e) The price is set by law or regulations. Provide reference to law or regulation: (f) The goods or services are available on the market for the same or similar price. Provide reference to market pricing information: 2. Sections 1 (a) through (f) do not apply. (Purchasing will contact you to discuss price reasonableness before a requisition can be processed.) 2| P a g e 153 CITY OF TAYLOR SOLE SOURCE JUSTIFICATION FORM III. CONFLICT OF INTEREST STATEMENT The Requestor agrees that there is no real or potential Conflict of Interest in recommending this product and/or service as a Sole Source procurement. (NOTE: If you do have a real or potential conflict of interest, please contact the appropriate Purchasing Agent.) As the authorized department official, I certify that the above justification is accurate and complete to the best of my knowledge and belief. Approval: _____________________________________________ 9/5/2023 Signature of Department Head Date Ryan Moore Printed Name 3| P a g e 154 Mold Masters January 26, 2007 IBM Service Suite Renewal Hardware Maintenance Extension Proposal Prepared For: The City of Taylor August 15, 2023 IBM Hardware Maintenance Contract (24x7) . . . . . . . . . . . . . . . . . . . . . . . . $3,500.00 This IBM Hardware will be placed on maintenance with IBM through this contract wri en by Datana onal Corpora on. All covered comp- onents will be placed on a 24x7 IOR (IBM On-Site Repair/Exchange) contract. Under this contract, The City of Taylor will be billed once at the beginning of the contract term, which will run from 10/1/2023 un l 9/30/2024 for the 8202-E4C. This contract covers the following hardware: (1) 8202-E4C #EPC5 w/#5638 Tape (S/N: 510CR) - IBM Power 720 (1) 7310-CR3 (S/N: B746A) - IBM Rack-mount HMC (1) 7316-TF3 (S/N: 0124D) - IBM Flat Panel Console Note: Price does not include taxes or shipping charges, which will be reflected on invoice. Note: This price will guarantee maintenance pricing for the term of the contract. Terms and Conditions 1. Exclusion of Liability. DATANATIONAL makes and customer receives no warranty other than that stated above, express or implied, and all warranties of merchantability and fitness for a particular purpose are expressly excluded. DATANATIONAL shall have no liability with respect to its obligations under this agreement for loss of profits or any direct or indirect, special or incidental or consequential damages, however incurred or designated, arising out of any claim. 2. Proprietary Information. In order that DATANATIONAL EMPLOYEES may effectively provide the Services for which DATANATIONAL is hired, it may be necessary or desirable for CUSTOMER to disclose confidential or proprietary information concerning its business affairs, property, methods of operation, processing systems or other information. DATANATIONAL hereby agrees to maintain the confidentiality of such information which is clearly marked or labeled as confidential and to treat such information with the same degree of care and security as DATANATIONAL treats its own most confidential information. 3. Personnel. It is understood and agreed that the personnel furnished by DATANATIONAL (herein referred to as EMPLOYEES) to perform the services shall be and will remain DATANATIONAL EMPLOYEES and under no circumstances are such EMPLOYEES to be considered CUSTOMER's employees or agents, and shall be in an independent contractor relationship to CUSTOMER at all times. CUSTOMER agrees that neither it nor its employees or agents will attempt to influence DATANATIONAL EMPLOYEES to seek employment with CUSTOMER during the term of this Agreement nor for one (1) year thereafter employ or make use of the services of any DATANATIONAL EMPLOYEES. Taylor 8202 Service Suite 2023.docx -1- © 2023 Datana onal Corpora on 155 The City of Taylor August 15, 2023 4. Miscellaneous. This Agreement shall be governed by the laws of the State of Michigan. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the remainder of this Agreement shall not be affected thereby. If any portion of this Agreement is held by a court of competent jurisdiction to conflict with any federal, state or local law, such portion or portions of this Agreement are hereby declared to be of such force and effect as is permissible in such jurisdiction. Section headings have been included in this Agreement merely for convenience or reference. They are not to be considered part of or to be used in interpreting this Agreement. DATANATIONAL and CUSTOMER represent that the execution and performance of the terms of this Agreement have been duly authorized and that this Agreement is a valid and legally binding obligation enforceable in accordance with its terms. Neither this Agreement, nor any interest therein, shall be assigned by CUSTOMER without prior written consent of DATANATIONAL. Any attempt to assign any of the rights, duties or obligations without such consent is void. All notices required by this Agreement shall be in writing. The toleration or sufferance of a breach or default under this Agreement shall not be construed to be a waiver of such or any subsequent breach or default. This Agreement contains the entire agreement between CUSTOMER and DATANATIONAL with respect to the subject matter. All prior arrangements or understandings are superseded by this Agreement. This Agreement may be modified or amended only in writing signed by each of the parties. The terms and conditions of this Agreement shall extend to and inure to the benefit of and be binding on the respective successors and assigns of CUSTOMER and DATANATIONAL, subject to the limitation on assignment described above. ACCEPTANCE: Upon signature of acceptance, this proposal becomes a firm order. TERMS: Balance in full is due upon receipt of invoice. For The City of Taylor For Datana6onal Corpora6on __________________________ _________________________ Signature Signature __________________________ _________________________ Printed Name Printed Name __________________________ _________________________ Title Title _____________ _______ / _______ / 2023 _______ / _______ / 2023 P.O.# Date Date Taylor 8202 Service Suite 2023.docx -2- © 2023 Datana onal Corpora on 156 CITY OF TAYLOR SOLE SOURCE JUSTIFICATION FORM INSTRUCTIONS: Complete this entire form, including BOTH SECTIONS I and II for all sole source purchases. Send the completed form to the Budget & Finance Department, Central Purchasing. In compliance with Section 4.12 of the City of Taylor Purchasing Policy, this document shall accompany any sole source request to the City Council as part of council package for review and consideration. Failure to provide the requested information and supporting documentation will most likely result in postponement. If you have any questions, or need additional assistance, contact the Purchasing Office at 734.374.1459 or 734.374.1396. Information is also available at http://www.cityoftaylor.com/purchasing. NOTE: 1. Price is never a basis for a sole source request. 2. Supporting documentation must accompany this form. Requisition Title (or) #: AS400 Hardware Support Commodity/service being purchased: Hardware Support Proposed purchase price: $ 3,500 Proposed / Requested Supplier: Data National Requested by: Ryan Moore Department: IT Date: 9/5/2023 Email/phone #: rmoore@ci.taylor.mi.us Sole source justification prepared by: Ryan Moore I. SOLE SOURCE JUSTIFICATION 1. A Sole Source Purchase is available from only one supplier and meets at least one of the following criteria (please check the appropriate boxes): One-of-a-kind- The commodity or service has no competitive product alternatives on the market. Compatibility - The commodity or service matches existing brand of equipment for compatibility. Replacement part - The commodity is a replacement part for a specific brand of existing equipment. Unique design - The commodity or service meets physical design or quality requirements. Professional Service - The service falls under the Purchasing Policy Professional Service Section 4.10. If any of the above apply – Are you aware of other sources (other than the one requested) that could offer the exact brand or service, such as a distributor, third party broker, or reseller? If so, please list possible sources. OR Delivery date - ONLY ONE SUPPLIER can meet necessary delivery date requirement for the required quantity on . Emergency - URGENT NEED for the item or service does not permit soliciting competitive bids, as in cases of emergencies, disaster, etc., which was required on 2. Briefly explain what it is about this product or service that only this vendor can meet: Data National is the AS400 provider the city works with and preferred reseller of IBM hardware support. 1| P a g e 157 CITY OF TAYLOR SOLE SOURCE JUSTIFICATION FORM 3. Indicate if the product or service has been purchased for this department in the past, the approximate date of purchase, and purchase order number, if known: 4. List the specific important features or specific performance specifications or parameters that make this product or service unique or proprietary, AND indicate specifically why these unique features are important to your department operations: Data National is the AS400 provider the city works with and preferred reseller of IBM hardware support. 5. List other suppliers generally believed to offer the same or very similar product or service. Indicate if they were contacted for a description and/or price of their product or service. If they were not contacted, indicate why they were omitted. Indicate for each specifically why their product or service is judged to be unacceptable. a) b) c) II. DOCUMENTATION OF PRICE REASONABLENESS Check the box(es) that apply and provide information: 1. I determined that the price is reasonable for one of the following reasons: (a) I compared the proposed price to prices I previously paid for the same or similar goods and/or services. See PO# (Specify price: $ ) (b) I compared the proposed price to current published catalog, price lists, or market prices as documented in the attachments (attach relevant documentation) and the proposed price is less. (c) I compared the proposal price to similar benchmarks, (e.g., dollars per pound, horsepower, or other units of measure) to identify any gross inconsistencies. Describe comparisons made: (d) Based on my knowledge of the market, my experience of prior similar proposals. Describe basis of market knowledge or reference prior proposals: Fair price for aging equipment. (e) The price is set by law or regulations. Provide reference to law or regulation: (f) The goods or services are available on the market for the same or similar price. Provide reference to market pricing information: 2. Sections 1 (a) through (f) do not apply. (Purchasing will contact you to discuss price reasonableness before a requisition can be processed.) 2| P a g e 158 CITY OF TAYLOR SOLE SOURCE JUSTIFICATION FORM III. CONFLICT OF INTEREST STATEMENT The Requestor agrees that there is no real or potential Conflict of Interest in recommending this product and/or service as a Sole Source procurement. (NOTE: If you do have a real or potential conflict of interest, please contact the appropriate Purchasing Agent.) As the authorized department official, I certify that the above justification is accurate and complete to the best of my knowledge and belief. Approval: _____________________________________________ 6/20/2023 Signature of Department Head Date Ryan Moore Printed Name 3| P a g e 159 Ricoh Support Renewal Form Quote Creation Date: Ricoh USA, Inc - Support Services 06/27/2023 Ricoh Software Renewals Desk (SRD) Type of Renewal: Call: 855-276-6435 Fax: 610-727-2814 Regular Email: SoftwareRenewals@ricoh-usa.com ****Support Pricing is NON-REFUNDABLE. Please do not send payment. Please contact Ricoh Software Support Center at 888-424-1573, option “2” then option “1” and option “2” again for all technical issues.**** Bill to Customer: CITY OF TAYLOR Ship to Customer: CITY OF TAYLOR Address: 23555 GODDARD RD Address: 12303 PARDEE RD Address: IT DEPT Address: COMMUNITY LIBRARY City: TAYLOR State: MI Zip: 48180-4116 City: TAYLOR State: MI Zip: 48180 Customer Contact: Reference Number: Phone: Email: Ryan Moore 999013248 (Contract #: 4662659) 734-374-1524 Ext. rmoore@ci.taylor.mi.us ECOPRINTQ - PAPERCUT MF VPN Qty Price Ext. Price Co-Term Dates Key/Serial Description MFMS-RW01-PS1 1 $2,581.00 $2,581.00 C-CSKDF9 ecoprintQ PaperCut Support Renewal - 1 Years To Include: Unlimited Educational Users Unlimited site servers Unlimited Print Tracking 35 x Ricoh (ESA) (incl. Lanier/Gestetner/Nashuatec/Savin) 1 x Kiosk Connector (Pay Station, Value Loader) EQEW-RE01-PS1 37 $12.00 $444.00 Reader & Converter Extended Warranty (Per Year) EQEW-VL01-PS1 1 $1,245.00 $1,245.00 ITC/ InterCard Value Loader W/ Reader & Card Dispenser 1 year extended (ITC7880) TOTAL: $4,270.00 *Applicable Taxes Are Not Included* Total: Terms of Agreement(Months): Start Date of Coverage: Last Date of Coverage: $4,270.00 12 9/21/2023 9/20/2024 \s1\ Customer Signature: _______________________________ Primary Contact: _____________________________________ \signername1\ Print Name: ______________________________________ Primary Email: _______________________________________ \signertitle1\ Print Title: _______________________________________ Primary Phone: ______________________________________ [\\Ga16vmfs09\TPA01-NTS-02\Users\Admin\SAL\SSCD\Renewals\Signed \d1\ Renewals_print version\] Date: ________________ Software Version: ____________________________________ [CITY OF TAYLOR + 999013248 + Ecoprint + 06-27-2023] [\\ga16vmfs09\tpa01-nts-02\Users\Admin\SAL\SSCD\Renewals\Unsigned Renewals\EcoPrintQ\] Sales_Rep Closer_Name Closer_Phone 160 CITY OF TAYLOR SOLE SOURCE JUSTIFICATION FORM INSTRUCTIONS: Complete this entire form, including BOTH SECTIONS I and II for all sole source purchases. Send the completed form to the Budget & Finance Department, Central Purchasing. In compliance with Section 4.12 of the City of Taylor Purchasing Policy, this document shall accompany any sole source request to the City Council as part of council package for review and consideration. Failure to provide the requested information and supporting documentation will most likely result in postponement. If you have any questions, or need additional assistance, contact the Purchasing Office at 734.374.1459 or 734.374.1396. Information is also available at http://www.cityoftaylor.com/purchasing. NOTE: 1. Price is never a basis for a sole source request. 2. Supporting documentation must accompany this form. Requisition Title (or) #: Papercut Support Renewal Commodity/service being purchased: Support Agreement Proposed purchase price: $ 4,270 Proposed / Requested Supplier: Ricoh Requested by: Ryan Moore Department: IT Date: 9/5/2023 Email/phone #: rmoore@ci.taylor.mi.us Sole source justification prepared by: Ryan Moore I. SOLE SOURCE JUSTIFICATION 1. A Sole Source Purchase is available from only one supplier and meets at least one of the following criteria (please check the appropriate boxes): One-of-a-kind- The commodity or service has no competitive product alternatives on the market. Compatibility - The commodity or service matches existing brand of equipment for compatibility. Replacement part - The commodity is a replacement part for a specific brand of existing equipment. Unique design - The commodity or service meets physical design or quality requirements. Professional Service - The service falls under the Purchasing Policy Professional Service Section 4.10. If any of the above apply – Are you aware of other sources (other than the one requested) that could offer the exact brand or service, such as a distributor, third party broker, or reseller? If so, please list possible sources. OR Delivery date - ONLY ONE SUPPLIER can meet necessary delivery date requirement for the required quantity on . Emergency - URGENT NEED for the item or service does not permit soliciting competitive bids, as in cases of emergencies, disaster, etc., which was required on 2. Briefly explain what it is about this product or service that only this vendor can meet: Ricoh is the preferred reseller for PaperCut and current copier vendor. 1| P a g e 161 CITY OF TAYLOR SOLE SOURCE JUSTIFICATION FORM 3. Indicate if the product or service has been purchased for this department in the past, the approximate date of purchase, and purchase order number, if known: 4. List the specific important features or specific performance specifications or parameters that make this product or service unique or proprietary, AND indicate specifically why these unique features are important to your department operations: Ricoh is the preferred reseller for PaperCut and current copier vendor. 5. List other suppliers generally believed to offer the same or very similar product or service. Indicate if they were contacted for a description and/or price of their product or service. If they were not contacted, indicate why they were omitted. Indicate for each specifically why their product or service is judged to be unacceptable. a) b) c) II. DOCUMENTATION OF PRICE REASONABLENESS Check the box(es) that apply and provide information: 1. I determined that the price is reasonable for one of the following reasons: (a) I compared the proposed price to prices I previously paid for the same or similar goods and/or services. See PO# (Specify price: $ ) (b) I compared the proposed price to current published catalog, price lists, or market prices as documented in the attachments (attach relevant documentation) and the proposed price is less. (c) I compared the proposal price to similar benchmarks, (e.g., dollars per pound, horsepower, or other units of measure) to identify any gross inconsistencies. Describe comparisons made: (d) Based on my knowledge of the market, my experience of prior similar proposals. Describe basis of market knowledge or reference prior proposals: Per item rates are fir pricing for services rendered. (e) The price is set by law or regulations. Provide reference to law or regulation: (f) The goods or services are available on the market for the same or similar price. Provide reference to market pricing information: 2. Sections 1 (a) through (f) do not apply. (Purchasing will contact you to discuss price reasonableness before a requisition can be processed.) 2| P a g e 162 CITY OF TAYLOR SOLE SOURCE JUSTIFICATION FORM III. CONFLICT OF INTEREST STATEMENT The Requestor agrees that there is no real or potential Conflict of Interest in recommending this product and/or service as a Sole Source procurement. (NOTE: If you do have a real or potential conflict of interest, please contact the appropriate Purchasing Agent.) As the authorized department official, I certify that the above justification is accurate and complete to the best of my knowledge and belief. Approval: _____________________________________________ 8/28/2023 Signature of Department Head Date Ryan Moore Printed Name 3| P a g e 163 TKE Page 1 of 2 MAINTENANCE INVOICE INVOICE DATE: 08/01/2023 TK Elevator Corporation CUSTOMER #: 22138 3100 Interstate North Cir SE Ste 500 Atlanta, GA 30339-2227 JOB #: US6515 INVOICE #: 3007389603 PO #: SERVICE DATE: 08/01/2023 TO 10/31/2023 TERMS: IMMEDIATE TOTAL DUE: $5,970.96 2C ( BILL TO: 6082 1 MB 0.5 E0041X 10082 011555536979 S2 P9815085 0001:0003 TO VIEW AND PAY ONLINE GO TO: https://tkelevator.billtrust.com USE THIS ENROLLMENT TOKEN: VPF DBF BWH ..11.11111191111IIII.111111.11.11111111119111.1111111111111111 ATTN: ACCOUNTS PAYABLE SHIP TO: CITY OF TAYLOR/DPW 23555 GODDARD RD TAYLOR CITY HALL TAYLOR MI 48180-4116 23555 GODDARD RD TAYLOR MI 48180-4116 ITEM QUANTITY DESCRIPTION EXTENDED AMOUNT DETROIT BRANCH This is a billing for the service period referenced above. C211US 2 Platinum - Full Maintenance, Overtime portion not covered - $1,492.74 Elevator - With Phone Monitoring TAYLOR CITY HALL C211US 1 Platinum - Full Maintenance, Overtime portion not covered - $746.37 Elevator - With Phone Monitoring LAKES OF TAYLOR GOLF C211US 3 Platinum - Full Maintenance, Overtime portion not covered - $2,239.11 Elevator - With Phone Monitoring 23RD DISTRICT COURT C211US 1 Platinum - Full Maintenance, Overtime portion not covered - $746.37 Elevator - With Phone Monitoring CITY OF TAYLOR FIRE AMOUNT DISCOUNT SUBTOTAL SALES TAX PLEASE PAY $5,970.96 $0.00 $5,970.96 $0.00 $5,970.96 Goods or services covered by this invoice were produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended. RETURN THIS PORTION WITH YOUR PAYMENT IN THE ENVELOPE PROVIDED WITH THE REMITTANCE ADDRESS VISIBLE TIC TK Elevator Corporation INVOICE DATE: CUSTOMER #: JOB #: 08/01/2023 22138 US6515 INVOICE #: 3007389603 3100 Interstate North Cir SE Ste 500 Atlanta, GA 30339-2227 PO #: SERVICE DATE: 08/01/202310 10/31/2023 TERMS: IMMEDIATE TOTAL DUE: 5,970.96 CITY OF TAYLOR/DPW Amount Enclosed: $ REMIT PAYMENT TO: Payment Method ii i iii i i iiil l i il l 111111.1111111111111.1111111111111111111111 yl e °Personal Check Enclosed °Money Order Enclosed °Cashiers Check Enclosed TK Elevator Corporation Please Make Check Payment To: PO BOX 3796 TK Elevator Corporation CAROL STREAM, IL 60132-3796 0001:0003 93300430073896030000000000000000000000005970965 164 QUOTE TABULATION SUMMARY Bid Number: Bid Title: Quick Quote Van Cabinets Comments & Name of Vendor Address Telephone Price Recommendations Santoro, inc. 15232 Harper Detroit, MI 48224 313-562-1300 $9,956.34 1621 Shelter Cove Dr. Wynn Innovations 916-996-6377 $10,200.00 Sacramento CA 95635 124 S Market St. Washington, Elite Truck 855-919-2087 $9,193.31 Low NC 27889 Darin Grabowski Date: 8/28/2023 Time: 2:00 PM PURCHASING AGENT SIGNATURE Pg. 1 + 165 Quote #D5761 Aug 8, 2023 SHIPPING ADDRESS CUSTOMER PAYMENT Darin Grabowski Darin Grabowski SHIPPING METHOD 25605 Northline Road 25605 Northline Road Discounted Freight Taylor MI 48180 Taylor MI 48180 United States United States Tel. +1 734-287-6550 ITEMS PRICE TAX QTY ITEM TOTAL Weather Guard 600-8214L Electrical Contractor Van Package Mid-Roof Ford $5,103.99 $0.00 2 $8,603.94 Transit 148" WB $4,301.97 SKU: 600-8214L Discount Multiple Van -$200.00 Package Subtotal $8,403.94 Pay online Shipping $789.37 MI STATE TAX $0.00 0.0% TOTAL (USD) $9,193.31 Thank you for shopping with us! Elite Truck 124 S Market St, Washington, NC, 27889, United States support@elitetruck.com elitetruck.com 166 CARNIVAL APPLICATION PROCEDURE DATE APPLIED: August 3, 2023 ORGANIZATION NAME: St. Alfred’s CARNIVAL LOCATION: St. Alfred’s CARNIVAL DATES: Sept 15-17 AMUSEMENT CONTRACTORS: Maple Leaf Amusements ALCOHOLIC BEVERAGES AT EVENT: [ ] YES [ X ] NO The City Charter Code and Ordinance Chapter IV, Article IV, Division II, Sections 137-140 requires that all applications to operate a carnival in the City of Taylor be approved by City Council, taking into consideration the reputation of the applicant, the recommendations of Building, Fire, and Police Departments and whether or not the plans for construction of the rides, games, or concessions meet with the applicable codes. All information must be completed and submitted at least a minimum of forty-five (45) days prior to event. Before an application may be submitted to City Council, the following criteria must be met: APPLICANT: [X] Letter of request; Dates and location of carnival from Amusement Contractor on letterhead (letter can be submitted as early as January of current year) [X] Plan layout of event [X] Insurance requirements form must be signed and returned. (If alcoholic beverages are to be served on location, additional insurance coverage may be needed) [X] CURRENT YEAR Proof of Certified Rides by State of Michigan (can apply as early as January of current year) State contact: 517-241-9233 All information must be complete and approved before submittal to City Council for final approval. PLANNING DEPARTMENT: [X] APPROVED Special event application BUILDING: [X] Electrical Permit ----------------------------------------------------------------------------------------------------------------------------------------- CITY CLERK’S OFFICE: [N/A] Business License of event location [X] Insurance requirements ment/Risk Management [X] Letter of Recommendation/FIRE Department letterhead [X] Letter of Recommendation/POLICE Department letterhead After approval by City Council and prior to license, the Clerk’s Office must be in receipt of the following: [ X ] PAID Carnival license fee $1,000.00 (Clerks Office) [ X ] PAID Special event permit [ X ] PAID bond permit (Building/Planning Dept) [ X ] PAID CURRENT YEAR: Proof of Temporary food permit or STFU license from Wayne County Health Department contact: 734-727-7400 or 734-727-7447. Schedule Fire Inspection 734-374-1358, Electrical Inspection 734-287-6550 167 168 169 170 171 172 173 174 175 176 Mayor City of Taylor City Clerk Timothy Woolley Cynthia Bower DEPARTMENT OF FIRE & EMS Steve Portis, Fire Chief 23345 GODDARD ROAD  TAYLOR, MICHIGAN 48180 (734) 374-1355 FAX (734) 374-2742 08/23/2023 St. Alfred Parish Annual Fall Festival 24175 Baske St Taylor, MI 48180 The Taylor Fire Department has no objections pertaining to the annual fall festival event with Maple Leaf Amusements LLC, September 15 th, 16th, 17th, 2023 Please contact the Taylor Fire Department 24 hours prior to opening so that we may conduct an inspection of the rides and vendor booths. No inspections will be performed at the last minute thus denying any approvals. Be advised, all cooking equipment utilizing deep fryers shall be protected by the UL 300 Standard. This includes all vendors or sponsors of the event. If the equipment is not properly protected, the use shall be prohibited within the City of Taylor. All tents are to meet the requirements per the NFPA Standard for “Temporary Membrane Structures”. All fire extinguishers and emergency exits/lighting must be in place prior to any inspection. Fire Department Administration may be reached at (734) 374-1355 for any questions or to schedule your inspection. Chief Stephen Portis Taylor Fire Department 177 City of Taylor DEPARTMENT OF POLICE CHIEF JOHN BLAIR 23515 GODDARD ROAD • TAYLOR, MICHIGAN 48180 • (734) 287-6611 August 7, 2023 Cindy Bower City Clerk's Office/Licensing City of Taylor 23555 Goddard Road Taylor, MI 48180 RE: St. Alfred Parish Fall Block Party/Carnival Dear Ms. Bower: The Taylor Police Department recommends the issuance of a carnival license to St. Alfred Parish, contracting Maple Leaf Amusements, for the Annual Fall Festival scheduled for September 15 through September 17, 2023, to be held at St. Alfred Parish, 24175 Baske Street, Taylor. If you have any questions, call Police Administration at 734-374-1444. Sincerely, John Blair Chief of Police 178 Administrative Rules for Marihuana Commercial Businesses 1. Applying for a Marihuana Commercial Business permit in the City of Taylor. The City of Taylor’s Marihuana Commercial Business permit process consists of two phases. Phase 1 begins when the applicant submits a Marihuana Commercial Business permit application to the City Clerk’s Office. Upon review of the application for completeness and compliance of the Marihuana Commercial Business Ordinance, including a determination that the location meets the requirements set forth under Zoning Ordinance Article 11, a Provisional Marihuana Commercial Business Approval Certificate (Provisional Approval Certificate) will be issued. Phase 2 begins when an applicant submits a copy of a State Operating License issued by the Marihuana Regulatory Agency (and other documents) to the City Clerk’s Office. If all items submitted are satisfactory, and all other requirements as specified under the Marihuana Commercial Business ordinance and Marihuana Zoning Ordinance are met, a Marihuana Commercial Business Operating Permit (City Operating Permit) will be issued. 2. Application period. The application period will begin on October 1, 2023. At this time there is no end date to the application period. 3. Application submission. All Marihuana Commercial Business permit applications must be submitted electronically no paper applications will be accepted. The complete application packet, including all attachments and acceptable government issued photo ID for the person signing the application, should be emailed to XXXXXX@ci.taylor.mi.us. A separate application is required for each location from which a Marihuana Commercial Business is operated. Only one application per location will be accepted. If one application is utilized to apply for multiple permits, each permit will be considered a separate application under these rules. 4. Multiple permits at the same location. Applicants are able to apply for multiple permits at the same location as allowed by state law and City ordinance. 5. Complete application required. In accordance with Section 11-8 of Marihuana Commercial Business Ordinance, incomplete applications will not be accepted. In order for the application to be accepted the following items must be submitted concurrently by the City Clerk or their designee. The application must be filled out completely, signed by the applicant who has provided a copy of their acceptable government issued photo ID, and all necessary attachments as required per the application and as stated in the ordinance. 6. Permit Fee. The applicable Marihuana Commercial Business Permit fee(s) must be received within five (5) business days of receipt of an application. If the permit fee(s) is not received by 5 p.m. on the fifth business day after electronic receipt of an application, that application will be rejected. The fee may be paid by cash or check made payable to the City of Taylor and mailed to: City Clerk City of Taylor 23555 Goddard Road Taylor, MI 48180 179 7. Refunds. The permit fee consists of refundable and non-refundable portions. The non-refundable portion of the application will not be returned to the applicant under any circumstances. The refundable portion will be refunded under the following circumstances, the Provisional Approval Certificate expires or is cancelled according to Marihuana Commercial Business [Section 11-9], the applicant withdraws their application via a written request to the City Clerk, the City determines during the application process that the location of the proposed facility does not comply with Article 11 of the Zoning Code. 8. Order of review. Applications will be reviewed in the order they are received. The City Clerk will review Marihuana Commercial Permit Applications as soon as reasonably possible. The full administrative review process will be completed as soon as reasonably possible after receipt of a completed application and payment of associated fees. 9. Application deficiencies. If an application is found to have deficiencies during the review process, the City Clerk or their designee will notify the applicant via electronic message sent to an email address supplied by the applicant for the purpose of communication regarding the Marihuana Commercial Business Permit. The applicant is solely responsible to provide a valid and active email address during the application process. The City is not responsible for any undeliverable emails. The applicant shall have five (5) business days from the date the email is sent to cure any and all deficiencies. If the known deficiencies are not remedied by 5:00 p.m. on the fifth business day, the Clerk will deny the application [Section 11-8 (B)]. 10. Application eligibility. The Marihuana Commercial Business application submitted during the application period will be considered “eligible” for consideration of approval if they fully comply with the requirements of Chapter 11 of the Taylor City Code and Zoning Ordinance, Article 11, including, but not limited to, compliance with all location criteria and separation distances. If the same application form is used to apply for multiple permits, each permit will be considered a separate application. 11. Provisional Approval Certificates. Once an application is determined “eligible” for approval, the City Clerk will issue a Provisional Approval Certificate the applicant and will sign the appropriate Attestation form(s) for the state’s Step 2 application process. The City Clerk will issue separate Provisional Approval Certificates and Attestations for each eligible permit application. 12. Separation of distance issues. Applications will be reviewed in the order they are received. The order they are received will determine the priority of issuance of a Provisional Approval Certificate. The City Clerk will reject an application that is received that does not meet the location criteria and separation distances as required under Zoning Code Article 11. Any requests for a variance on the distance requirements will be referred to the Planning Department for City Council approval. 13. Proof of application to the state. Within thirty (30) day from the issuance of a Provisional Approval Certificate by the City Clerk, the applicant must submit proof to the City Clerk that the applicant has either: 1) applied for prequalification with the State for a state operating license; or 2) submitted full application for a state operating license. If the applicant fails to submit such proof, then the provisional approval will be cancelled by the City Clerk [Section 11-9 (D)]. 180 ORDINANCE NO. _______________ AN ORDINANCE TO AMEND THE TAYLOR ZONING ORDINANCE THE CITY OF TAYLOR ORDAINS: Amended Appendix A – Zoning Article 11 – Adult Use Marihuana Adult-use marihuana. A category of uses permitting adult use establishments licensed pursuant to the MRTMA, the MMFLA, and Chapter 11 of the City ordinances. General provisions. The following apply to all adult use marihuana establishments in the City of Taylor, unless otherwise noted. A. General requirements. (1) All location criteria and required separation distances apply to both new marihuana establishments and to any proposed change in the location of an existing marihuana establishment. (2) All location criteria and required separation distances apply to allboth marihuana establishments. and similar protected uses located in adjacent governmental jurisdictions. (3) A marihuana establishment is prohibited from operating in any residential zoning district or in a residential unit. (4) Only the City Council shall have authority to grant a variance from the requirements of this Adult Use Marihuana zoning ordinance. (5) Drive-throughs and curbside service are not permitted with any marihuana establishment. (6) A licensee may not operate a marihuana establishment at any place in the City other than the address provided in the application on file with the City Clerk. (7) A licensee must operate the licensed establishment in compliance with all applicable state and City regulations for that type of establishment. B. Location criteria. All marihuana establishment types in the City of Taylor must meet the following location criteria, except safety compliance operations: [1] Required distance. These required distances shall not apply if the marihuana 181 establishment is separated from the named protected use by travel lanes of an Interstate Highway or railroad tracks. Interstate Highway does not include Telegraph Road or the connector between Telegraph Road and I-75. (a) A marihuana establishment must not operate within 2,500 feet of a preexisting private or public school within the Taylor city boundary, providing education in kindergarten or any grades 1 through 12. (b) A marihuana establishment must not operate within 2,500feet of any preexisting church, temple, synagogue, or other place of worship within the Taylor city boundary. (c) A marihuana establishment must not operate within 2,500 feet of any district within the Taylor city boundary zoned residential. (d) A marihuana establishment must not operate within 2,500 feet of a preexisting public library within the Taylor city boundary. (e) A marihuana establishment must not operate within 2,500 feet of any preexisting state-licensed, childcare center, public playground, public pool, or youth center within the Taylor city boundary. (f) A marihuana establishment must not operate within 2,500 feet of another marihuana establishment. A marihuana retailer, grower, and processor located within a single facility will be considered as one establishment. [2] Measuring the required distance. The required distance is measured in a straight line from the nearest property linenearest structure of a protected use to the nearest property line of front main entrance of the nearest structure on the property in which the marihuana establishment is to be located. It will be up to the applicant at the time of application to prove to the satisfaction of the city that its establishment will meet the minimum distance requirements. C. Grower establishments. Growers are licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments The three grower license types are Class A (authorized to grow up to 100 plants); Class B (authorized to grow up to 500 plants); and Class C (authorized to grow up to 2,000 plants). An excess grower holds five Class C adult use marihuana grower and at least two Class C medical marihuana grower licenses. In the zoning districts where a grower establishment is permitted with development standards, the following standards apply: (1) grower establishments are permitted only in I-1 and I-2 Zoning Districts. 182 (2) Excess grower establishments are permitted only in I-1 and I-2 Zoning Districts. Permitted outdoor activities. All grower facilities and operations must be within a fully enclosed and secured building. Growing and cultivation may not occur in an outdoor area. D. Processor establishments. Processors are licensed to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments. In the zoning districts where a processor establishment is permitted with development standards, the following standards apply: (a) Permitted only in I -1 and I-2 Zoning Districts. (b) All processing operations must be conducted within a fully enclosed and secured building. E. Safety compliance operations establishment. Safety compliance establishments are licensed to test marihuana, including certification for potency and the presence of contaminants. In the districts where safety compliance facility is permitted with development standards, the following standards apply: (a) Permitted in I-1 and I-2 Zoning Districts. (b) Street type limitations. A safety compliance facility cannot be located in the occupied space along a priority street side of a building. F. Secure transporter establishment. Secure transporter establishments are licensed to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments. In the zoning districts where secure transporter establishment is permitted with development standards, the following standards apply: (a) Permitted only in I-1 and I-2 Zoning Districts. Warehousing activity is only permitted as an accessory use to the principal permitted secure transporter use. G. Retailer establishment. Retailer establishments are licensed to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who are 21 years of age or older. In the zoning districts where a retailer establishment is permitted with development standards, the following standards apply: (a) Permitted only in I-1 and I-2 Zoning Districts (b) All retailer activities must be conducted within an enclosed building. (c) A retailer is not permitted on the same property or parcel or within the same building where any of the following are located: 183 [1] A package liquor store. [2] A convenience store that sells alcoholic beverages. [3] A fueling station that sells alcoholic beverages. (d) A separation distance of 2,500 feet is required from any other provisioning center or retailer, except when the retailer is co-located with a provisioning center, processor, or grower, as provided by state regulations and this ordinance. This requirement shall not apply if the marihuana establishments are separated by the travel lanes of an Interstate Highway or railroad tracks. Interstate Highway does not include Telegraph Road or the connector between Telegraph Road and I-75. (e) The consumption of any marihuana product is not permitted on the premises of a retail establishment. H. Medical Marihuana. A category of uses permitting medical marihuana facilities licensed to operate pursuant to the MMFLA and Chapter 11 of the City ordinances. 1. General provisions. The following requirements apply to all medical marihuana facilities, unless otherwise noted. (a) General requirements. [1] All location criteria and required separation distances apply to both new medical marihuana facilities and to any proposed change in the location of an existing medical marihuana facility. [2] All location criteria and required separation distances apply to both medical marihuana facilities. and similar protected uses located in adjacent governmental jurisdictions. [3] A medical marihuana facility must not operate in any residential zoning district or in a residential unit. [4] Drive-throughs and curbside service are not permitted with any facility. [5] A licensee may not operate a marihuana facility at any place in the City other than the address provided in the application on file with the City Clerk. [6] A licensee must operate the licensed facility in compliance with all applicable state and City regulations for that type of facility. 184 2. Location criteria. All marihuana facility types must meet the following location criteria from protected uses, except safety compliance facilities. [1] Required distance. These required distances shall not apply if the marihuana establishment is separated from the named protected use by an Interstate Highway or railroad tracks. Interstate Highway does not include Telegraph Road or the connector between Telegraph Road and I-75. (a) A marihuana establishment must not operate within 2,500 feet of a preexisting private or public school within the Taylor city boundary, providing education in kindergarten or any grades 1 through 12. (b) A marihuana establishment must not operate within 2,500 feet of another marihuana establishment. . A marihuana retailer, grower, and processor located within a single facility will be considered as one establishment (c) A marihuana establishment must not operate within 2,500 feet of any preexisting church, temple, synagogue, or other place of worship within the Taylor city boundary. (d) A marihuana establishment must not operate within 2,500 feet of any district within the Taylor city boundary zoned residential. (e) A marihuana establishment must not operate within 2,500 feet of a preexisting public library within the Taylor city boundary. (f) A marihuana establishment must not operate within 2,500 feet of any preexisting state-licensed, childcare center, public playground, public pool, or youth center within the Taylor city boundary. [2] Measuring the required distance. The required distance is measured in a straight line from the nearest property linestructure of a protected use to the nearest property line of front main entrance of the nearest structure on the property in which the marihuana facility is located. It will be up to the applicant at the time of application to prove to the satisfaction of the city that its establishment will meet the minimum distance requirements. 3. Grower facility. A licensee that is a commercial entity located in this state that cultivates, dries, trims or cures and packages marihuana for sale to a processor or provisioning center. The three grower license types are Class A (authorized to grow up to 500 plants); Class B (authorized to grow up to 1,000 plants); and Class C (authorized to grow up to 1,500 plants). In the districts where grower facility is permitted with development standards, the following standards apply: (a) Grower facilities are permitted only in I-1 and I-2 Zoning Districts (b) Permitted outdoor activities. All grower facilities and operations must be 185 within a fully enclosed secured building. No growing or cultivation may occur in an outdoor area.. (c) Multiple facilities on a lot. The following applies for multiple facilities on one lot. [1] Except as permitted by state regulatory rules for Class C growers, only one medical marihuana grower facility license is allowed per parcel or lot. 4. Processor facility. A licensee that is a commercial entity located in this state that purchases marihuana from a grower and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in packaged form to a provisioning center. In the districts where processor facility is permitted with development standards, the following standards apply: (a) A processor facility is permitted only in I–1 and I-2 Zoning Districts (b) Only one medical marihuana processor facility license permitted per parcel or lot. (c) All processing operations must be conducted within an enclosed building. 5. Secure transporter facilities. A licensee that is a commercial entity located in this state that stores marihuana and transports marihuana between marihuana facilities for a fee. In the districts where a secure transporter facility is permitted with development standards, the following standards apply: (a) A secure transporter facility is permitted only in I-1 and I-2 Zoning Districts (b) Warehousing activity is only permitted as an accessory use to the principal permitted secure transporter use. 6. Safety compliance facility. A licensee that is a commercial entity that receives marihuana from a marihuana facility or registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to the marihuana facility. In the districts where a compliance facility is permitted with development standards, the following standards apply. (a) Permitted in I-1 and I-2 Zoning Districts (b) Street type limitations. A safety compliance facility cannot be located in a building's occupied space fronting a priority street. 7. Provisioning center. A licensee that is a commercial entity located in this state that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or through the patients' primary caregivers. Provisioning center includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary 186 caregivers. A noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver in accordance with the Michigan Medical Marihuana Act, MCL § 333.26421 et seq., is not a provisioning center for purposes of this article. In the districts where provisioning center facility is permitted with development standards, the following standards apply: (a) Permitted only in I-1 and I-2 Zoning Districts (b) Only one provisioning center license is permitted per parcel or lot. (c) All provision center activities must be conducted within a fully enclosed building. (d) A separation distance of 2,500 feet is required from any other provisioning center or retailer, except when the provisioning center is co-located with a retailer, processor, or grower as provided by state regulations and this ordinance. This requirement shall not apply if the marihuana establishments are separated by the travel lanes of an Interstate Highway or railroad tracks. Interstate Highway does not include Telegraph Road or the connector between Telegraph Road and I-75. A provisioning center is not permitted on the same property or parcel or within the same building where any of the following are located: [1] A package liquor store. [2] A convenience store that sells alcoholic beverages. [3] A fueling station that sells alcoholic beverages. The consumption of marijuana products is not permitted on the premises of any retail facility or provisioning center. 187 ORDINANCE NO. _______________ AN ORDINANCE TO PRESCRIBE MARIHUANA COMMERCIAL BUSINESSES THE CITY OF TAYLOR ORDAINS: Chapter 11 Marihuana Commercial Businesses Article I GENERAL PROVISIONS § 11-1 TITLE. This chapter is to be known and may be cited as the "City of Taylor Marihuana Commercial Business Ordinance." § 11-2 PURPOSE AND INTENT. A. Purpose. The purpose of this chapter is to implement the provisions of Public Act 281 of 2016, being the Michigan Medical Marihuana Facilities Licensing Act (MMFLA), and 2018 Initiated Law No. 1, being the Michigan Regulation and Taxation of Marihuana Act, so as to protect the public health, safety, and welfare of residents of the City by setting forth the manner in which marihuana commercial businesses can be operated in the City. Further, the purpose of this chapter is to: (1) Authorize the establishment of marihuana businesses within the City and provide standards and procedures for the review, issuance, renewal, and revocation of City- issued permits for such businesses; (2) Impose fees to defray and recover the cost to the City of the administrative and enforcement costs associated with marihuana businesses; (3) Coordinate with state laws and regulations addressing marihuana businesses. (4) Repeal Chapter 11, Articles I, II, as adopted April 17, 2018, and Article III, as adopted October 29, 2019, Sections 11.1 through 11.40, of the City of Taylor Code of Ordinances and replace those provisions with the provisions of this Ordinance. 1 188 B. Legislative intent. This chapter authorizes the establishment of certain marihuana businesses within the City of Taylor consistent with the provisions of the Michigan Medical Marihuana Facilities Licensing Act and the Michigan Regulation and Taxation of Marihuana Act, subject to the following: (1) Use, distribution, cultivation, production, possession, and transportation of marihuana remains illegal under federal law, and marihuana remains classified as a "controlled substance" by federal law. Nothing in this chapter is intended to promote or condone the production, distribution, or possession of marihuana in violation of any applicable law. Nothing in this chapter is intended to grant immunity from any criminal prosecution under state or federal law. This chapter does not protect patients, caregivers, or the owners of properties on which a marihuana commercial operation is occurring from prosecution or from having their property seized by federal law enforcement authorities. (2) This chapter is to be construed to protect the public health, safety and welfare over commercial marihuana business interests. The operation of a licensed marihuana business in the City is a revocable privilege and not a right in the City. Nothing in this chapter is to be construed to grant a property right for an individual or business entity to engage, obtain, or have renewed a City-issued permit to engage in the use, distribution, cultivation, production, possession, transportation or sale of marihuana as a commercial enterprise in the City. The City determines that the commercialization of marihuana is a “closely regulated industry” as that term is used in U.S. Supreme Court jurisprudence. (3) Any individual or business entity which purports to have engaged in the use, distribution, cultivation, production, possession, transportation or sale of marihuana as a commercial enterprise in the City, without obtaining the required authorization and permit required by this chapter, is deemed to be an illegally established nuisance, and as such is not entitled to legal nonconforming status under this chapter, the City Zoning Code, or state statutory or common law. (4) Nothing in this chapter is intended to grant immunity from criminal or civil prosecution, penalty or sanction for the cultivation, manufacture, possession, use, sale, distribution or transport of marihuana in any form that is not in strict compliance with the Michigan Medical Marihuana Act, the Medical Marihuana Facilities Licensing Act, the Marihuana Tracking Act, the Michigan Regulation and Taxation of Marihuana Act, and all applicable administrative rules promulgated by the State of Michigan regarding the commercialization of marihuana. Strict compliance with all applicable state laws and regulations is deemed a requirement for the issuance or renewal of any permit issued under this chapter, and noncompliance with any applicable state law or regulation is grounds for the revocation or nonrenewal of any permit issued under the terms of this chapter. C. Indemnification of City. (1) By accepting a permit issued pursuant to this chapter, the holder waives and releases the City, its 2 189 officers, elected officials, and employees from any liability for injuries, damages or liabilities of any kind that result from any arrest or prosecution of marihuana business owners, operators, employees, clients or customers for a violation of state or federal laws, rules or regulations. (2) By accepting a permit issued pursuant to this chapter, the holder agrees to indemnify, defend and hold harmless the City, its officers, elected officials, employees, and insurers, against all liability, claims or demands arising on account of any claim of diminution of property value by a property owner whose property is located in proximity to a licensed operating marihuana business arising out of, claimed to have arisen out of, or in any manner connected with the operation of a marihuana business or any claim based on an alleged injury to business or property by reason of a claimed violation of the federal Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1964(c). By accepting a permit the holder also agrees to indemnify, defend, and hold harmless the city against all liability. claims, or demands on account of bodily injury, sickness, death, property loss or damage of any kind arising out of, or in any manner connected with, the operation of its marihuana business. D. Reservation of legislative prerogative. (1) The City Council reserves the right to amend or repeal this chapter in any manner, including, but not limited to, the complete prohibition of any type of marihuana business or limiting the number and types of marihuana businesses authorized to operate in the City. (2) Nothing in this chapter is to be construed to grant or grandfather any marihuana business a vested right, license, permit or privilege for continued operations within the City. (3) Given the adoption of 2018 Initiated Law No. 1, which legalized the possession and use of marihuana in Michigan by persons age 21 and older, Chapter 11, Articles I, II, as adopted by the City Council on April 17, 2018, providing for the establishment of medical cannabis dispensaries, and Article III, as adopted October 29, 2019, prohibiting recreational marihuana, are null and void. Therefore, there is no rational basis to treat or make allowances for treating a medical cannabis dispensary apart from a provisioning center. § 11-3 DEFINITIONS. A. Unless defined by this chapter, any term used in this chapter that is defined by the Michigan Medical Marihuana Act, the Medical Marihuana Facilities Licensing Act, Michigan Regulation and Taxation of Marihuana Act, or the Administrative Rules promulgated by the Michigan Department of Licensing and Regulatory Affairs addressing marihuana shall have the definition given in those Acts and Rules. B. As used in this chapter, the following terms shall have the meanings indicated: Applicant A person who applies for a City-issued permit to operate a marihuana commercial business in accordance with the terms of this Chapter and the City Zoning Code. With respect to disclosures required in an application for a permit issued pursuant to this Chapter for purposes of ineligibility for a 3 190 permit and the transfer of an interest in an issued permit, the term “applicant” includes a managerial employee of the applicant, any person who holds any direct or indirect ownership interest of more than 10% in the marihuana commercial business, and the following true parties of interest for each type of applicant: (1) For an individual or sole proprietorship: the proprietor and spouse. (2) For a partnership and limited liability partnership: all partners and their spouses. (3) For a limited partnership and limited liability limited partnership: all general and limited partners, not including a limited partner holding a direct or indirect ownership interest of 10% or less and who does not exercise control over or participate in the management of the partnership, and their spouses. (4) For a limited liability company: all members and managers, not including a member holding a direct or indirect ownership interest of 10% or less and who does not exercise control over or participate in the management of the company, and their spouses. (5) For a privately held corporation: all corporate officers or persons with equivalent titles and their spouses, all directors and their spouses, and all stockholders, not including those holding a direct or indirect ownership interest of 10% or less, and their spouses. (6) For a publicly held corporation: all corporate officers or persons with equivalent titles and their spouses, all directors and their spouses, and all stockholders, not including those holding a direct or indirect ownership interest of 10% or less, and their spouses. (7) For a multilevel ownership enterprise: any entity or person that receives or has the right to receive more than 10% of the gross or net profit from the enterprise during any full or partial calendar or fiscal year. (8) For a nonprofit corporation: all individuals and entities with membership or shareholder rights in accordance with the articles of incorporation or the bylaws and their spouses. (9) For a trust: all trustees, any individual or body able to control and direct the affairs of the trust, and any beneficiary who receives, or has the right to receive, more than 10% of the gross or net profit of the trust during any full or partial calendar year or fiscal year, and their spouses. Cultivate To propagate, breed, grow, harvest, dry, cure, or separate parts of the marihuana plant by manual or mechanical means. Department The Michigan Department of Licensing and Regulatory Affairs, or its successor agency. 4 191 Designated Consumption Lounge A licensed marihuana-related business authorized to permit individuals 21 years of age and older to consume marihuana products on the premises. Equivalent License Any of the following state operating licenses when held by a single licensee: (1) Grower licenses of any class under both the MMFLA and MRTMA. (2) Processor licenses under both the MMFLA and MRTMA. (3) Secure transporter licenses under both the MMFLA and MRTMA. (4) Safety compliance facility licenses under both the MMFLA and MRTMA. (5) A provisioning center license under the MMFLA and a retailer license under the MRTMA. Excess Grower The holder of five Class C grower licenses under the MRTMA and at least two Class C grower licenses under the MMFLA Grower A licensee that cultivates, dries, trims, or cures and packages marihuana for sale or transfer to a processor, provisioning center or retailer, or another grower. The term also includes a licensed excess grower. Industrial Hemp As this term is defined at MCL 333.27953. Industrial Hemp Research And Development Act Public Act 547 of 2014, as may be amended. Licensee A person holding a State of Michigan license to operate a marihuana facility or marihuana establishment. Limited Contact Transactions Curbside or drive-through window sales or service transactions at a marijuana sales location. Marihuana As this term is defined at MCL 333.27953. For purposes of this chapter, marihuana does not include industrial hemp. 5 192 Marihuana Commercial Business or Marihuana Business (1) Includes the following marihuana facilities, whether operated for profit or not for profit, but excludes microbusinesses and designated consumption lounges, which are prohibited within the city: (a) A grower. (b) A processor. (c) A secure transporter. (d) A provisioning center. (e) A safety compliance facility. (2) Includes the following adult-use marihuana establishments, whether operated for profit or not for profit: (a) A grower and excess grower. (b) A processor. (c) A secure transporter. (d) A retailer. (e) A safety compliance facility. (f) Any other type of marihuana-related business licensed by the Department and permitted by this Chapter and the City Zoning Ordinance. Marihuana Establishment or Establishment A location at which a licensee is licensed to operate under the MRTMA and this chapter. Marihuana Facility or Facility A location at which a licensee is licensed to operate under the MMFLA and this chapter. Marihuana Plant Any plant of the genus Cannabis but does not include industrial hemp. Marihuana-Infused Product 6 193 A topical formulation, tincture, beverage, edible substance, or similar product containing marihuana and other ingredients and that is intended for human consumption. Marihuana-Related Business An adult-use marihuana establishment operating pursuant to a special license issued by the Department, and includes designated consumption lounges, excess marihuana growers, class A microbusinesses, marihuana event organizers, temporary marihuana events, and marihuana educational research facilities. Marihuana Sales Location Refers to a provisioning center, retailer, microbusiness or Class A microbusiness. Mature Marihuana Plant A flowering or nonflowering marihuana plant that has taken root and is taller than 8” from the growing or cultivating medium or wider than 8”, produced from a cutting, clipping, tissue culture, or seedling, and that is in a growing or cultivating medium or a growing or cultivating container. Michigan Medical Marihuana Act or MMMA 2008 Initiated Law 1, MCLA § 333.26421 et seq., as may be amended. Michigan Medical Marihuana Facilities Licensing Act or MMFLA Public Act 281 of 2016, MCLA § 333.27101 et seq., as may be amended. Michigan Regulation And Taxation Of Marihuana Act or MRTMA 2018 Initiated Law 1, MCLA § 333.27951 et seq., as may be amended. Microbusiness A marihuana establishment authorized to cultivate not more than 150 mature marihuana plants, process and package marihuana, and sell or transfer marihuana to individuals 21 years of age and older and to a safety compliance facility, but not to other marihuana establishments. Microbusiness, Class A or Class A Microbusiness A marihuana establishment authorized to operate at a single location and cultivate not more than 300 mature marihuana plants; package marihuana; purchase marihuana concentrate and marihuana-infused products from licensed marihuana processors; sell or transfer marihuana and marihuana-infused products to individuals 21 years of age and older; and transfer marihuana to a safety compliance facility for testing. Operating Permit or Permit The permit issued pursuant to this chapter authorizing and licensing the operation of a marihuana commercial business in the City. Permittee A person who holds a permit issued by the City pursuant to this chapter to operate a marihuana business. 7 194 Person An individual, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity, and includes persons within the definition of "applicant" as that term is used in this chapter. Process or Processing The separation or preparation of parts of the marihuana plant and to compound, blend, extract, infuse, or otherwise make or prepare marihuana concentrate or marihuana-infused products. Processor A licensee that purchases or obtains marihuana from a grower and processes the marihuana and sells or transfers it in packaged form to a provisioning center, retailer, , or another processor. A processor is not prohibited from handling, processing, marketing or brokering industrial hemp pursuant to the Industrial Hemp Research and Development Act. Provisioning Center A licensee that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or through the patients' registered primary caregivers. "Provisioning center" includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary caregivers and includes medical cannabis dispensaries. A noncommercial location used by a registered primary caregiver to assist a qualifying patient connected to the caregiver through the Department's marihuana registration process in accordance with the Michigan Medical Marihuana Act is not a provisioning center for purposes of this chapter. Registered Primary Caregiver or Caregiver A primary caregiver who has been issued a current registry identification card under the MMMA. Registered Qualifying Patient or Patient A qualifying patient who has been issued a current registry identification card under the MMMA or a visiting qualifying patient as that term is defined in the MMMA. Retailer A licensee that obtains marihuana from marihuana establishments and sells or otherwise transfers marihuana to marihuana establishments and to individuals who are 21 years of age or older. Rules The administrative rules promulgated and from time to time and as amended by the Department to implement the MMFLA and MRTMA. Safety Compliance Facility A licensee that receives marihuana from a marihuana business or from a registered primary caregiver, tests the marihuana and provides certification of the potency of tetrahydrocannabinol and other 8 195 cannabinoids, and the presence of contaminants. A safety compliance facility may receive industrial hemp for testing pursuant to the Industrial Hemp Research and Development Act. Secure Transporter A licensee that may store marihuana and transports marihuana between marihuana businesses for a fee. Social Equity-Qualified Business A marihuana establishment operated by an applicant that qualifies for the benefits offered under the social equity program administered by the Department. State Operating License or License A license that is issued by the Department under the MMFLA or MRTMA that allows the licensee to operate a marihuana commercial business, as specified in the license. Article II LICENSING OF MARIHUANA BUSINESSES § 11-4 NUMBER OF PERMITTED BUSINESSES. A. The type and maximum number of each type of marihuana facility permitted in the City shall only be as follows: Type of Facility Number Grower No limit Processor No limit Secure transporter No limit Provisioning center No limit Safety compliance facility No limit B. The type and maximum number of each type of adult-use marihuana establishment permitted in the City shall only be as follows: Type of Establishment Grower No limit Processor No limit Secure transporter No limit Retailer No limit 9 196 § 11-5 LOCAL PERMIT AND ANNUAL FEE REQUIRED; EXCEPTION. A. No person shall establish or operate a marihuana commercial business in the City without first having obtained a permit from the City and a state operating license for each such marihuana business to be operated. Permit and license certificates shall be kept current and publicly displayed within the business. Failure to maintain or display current state and City certificates is a violation of this chapter. B. There shall be an annual nonrefundable local permit fee to defray the administrative and enforcement costs associated with marihuana businesses located in the City of $5,000 per licensed business or as set by resolution adopted by the City Council. C. The annual nonrefundable local permit fee required under this section is due and payable with the application for a permit and upon the application for renewal of any such permit under this chapter. The permit and fee requirements of this chapter apply to all marihuana commercial businesses, whether operated for profit or not for profit. D. The local permit fee requirement set forth in this chapter shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any state regulatory agency, or by City ordinance, including, by way of example, and not limited to, any applicable fees for site plan review, zoning review, inspections, or building permits. E. The issuance of any permit pursuant to this chapter does not create an exception, defense, or immunity to any person regarding any potential criminal liability the person may have for the production, distribution, or possession of marihuana under federal law. F. A separate permit is required for each marihuana business located at a premises from which a marihuana commercial business is operated. G. This chapter is not applicable to a registered primary caregiver operating a medical marihuana home occupation in accordance with the City Zoning Ordinances. § 11-6 LOCATION CRITERIA. A. No marihuana business is eligible to receive a permit unless, at the time the application for the marihuana business operating permit is submitted, the location of the proposed business operation complies with the requirements set forth in the City Zoning Ordinances as required for the specific type of marihuana commercial business for which the permit is being sought. B. Mobile marihuana businesses, limited contact transaction operations curbside service, and drive-in service are prohibited. C. A licensee shall not operate a marihuana business at any place in the City other than at the address provided in the application on file with the City Clerk. A permit issued under this chapter may be transferred to a different location meeting the requirements of this ordinance and the zoning ordinance upon receiving written approval from the City Clerk. In order to request approval to transfer the location of a permit, the licensee must make a written request to the City Clerk, indicating the current license 10 197 location and the proposed license location. Upon receiving the written request, the City Clerk will forward a copy of the request to affected service areas and departments of the City to determine whether the proposed location complies with all applicable laws, rules and regulations. No permit transfer will be approved unless the proposed location meets the standards identified in this chapter and the City Zoning Ordinances. § 11-7 GENERAL PERMIT APPLICATION REQUIREMENTS. A. A person seeking a permit pursuant to licensure by the state under the provisions of the Medical Marihuana Facilities Licensing Act or the Michigan Regulation and Taxation of Marihuana Act and the provisions of this chapter must submit an application online to the City Clerk on forms provided by the City. At the time of application, the application must be accompanied by a nonrefundable application fee of Five Thousand Dollars ($5,000) or as set by resolution adopted by the City Council to defray the costs incurred by the City for processing of the application. In addition, the applicant shall present a suitable copy of government-issued photographic identification to accompany the application. B. The applicant must also provide the following information, under the penalty of perjury, on the City- provided form for the applicant, the proposed manager of the marihuana facility, and all persons who are true parties of interest in the marihuana business that is the subject of the application: (1) If the applicant is an individual or sole proprietorship, the proprietor and their spouse, if any, shall provide their name, home address, date of birth, business address, business telephone number, email address, social security number, and, if applicable, federal tax identification number; (2) If the applicant is not an individual or sole proprietorship, information regarding the business entity, including, without limitation, the name and address of the entity, website address (if any), type of business organization, proof of registration with, or a certificate of good standing from, the State of Michigan, as applicable, and the names, dates of birth, home addresses, email addresses, phone numbers of each applicant, and the federal tax identification number of the business entity; (3) The identity of every person having an ownership or beneficial interest of more than 10% in the applicant with respect to which the license is sought; provided, however, a social equity-qualified business must be able to demonstrate 51% or more ownership by qualifying applicants; (4) Proof that the Department has granted the applicant Prequalification status; (5) If the applicant is not the owner of the proposed licensed premises, a notarized statement from the owner of such property authorizing the use of the property for a marihuana business; (6) A copy of any deed reflecting the applicant's ownership of, or lease reflecting the right of the applicant to possess, or an option reflecting the applicant's right to purchase or lease, the proposed licensed premises; (7) A description of the type of the proposed marihuana commercial operation and its physical address; 11 198 (8) A to-scale diagram of the proposed licensed premises, no larger than 11 inches by 17 inches, showing, without limitation, building floor plan and layout, all entryways, doorways, or passageways, and means of public entry and exits to the proposed licensed premises, loading zones, available on-site parking spaces, fencing at the premises, and all areas in which marihuana will be stored, grown, manufactured or dispensed; (9) A lighting plan showing the lighting outside of the marihuana business for security purposes and compliance with applicable City outdoor lighting requirements; (10) A statement that no applicant is in default to the City for any property tax, special assessment, utility charges, fines, fees or other financial obligation owed to the City; (11) A statement that no applicant or true party of interest is ineligible from holding a state license to operate a marihuana commercial business; (12) Attestation that the applicant consents to inspections, examinations, searches and seizures required or undertaken pursuant to enforcement of this chapter; and (13) Any additional information that the City Clerk, Chief of Police, or City Planner or their designees reasonably determines to be necessary in connection with the investigation and review of the application. C. Upon receipt of a completed application, the City Clerk may circulate the application to the Planning Department, the Police Department and any other affected service areas and departments of the City to determine whether the application is in full compliance with all applicable laws, rules and regulations. D. If the City Clerk identifies or is informed of a deficiency in an application, the applicant has five business days to correct the deficiency after notification by the City Clerk. § 11-8 DENIAL OF APPLICATION. A. The City Clerk shall reject any application that does not meet the requirements of the MMFLA, the MRTMA, the Administrative Rules, or this Chapter. The City Clerk shall reject any application that contains any false, misleading, or incomplete information. B. An applicant whose application is rejected or denied because of missing, incomplete, erroneous, false, or misleading information, or because of a lack of submission of the full amount of the fees due, does not have a right to appeal the decision of the City Clerk, whose decision is final. § 11-9 ISSUANCE OF PROVISIONAL APPROVAL CERTIFICATE. A. Beginning October 1, 2023, the City Clerk will begin to accept permit applications for City-issued marihuana commercial business operating permits. All permit applications must be submitted online to the City Clerk on the city application form. Applications will be processed on a first come first served 12 199 basis and applications will be considered in the order in which they are received by the City Clerk. If any applicant is notified by the City Clerk that its application is deficient and the applicant has not corrected the deficiency within five business days after notification, or if the application is otherwise denied pursuant to Section 11-8, that application will lose its placement in the order of consideration and processing. A marihuana business whose inspection, background checks, and all other information available to the City verifies that the applicant has submitted a full and complete application, has made or has secured permits for making improvements to the business location consistent with the type of facility applied for, complies with applicable zoning and location requirements, and is prepared to operate the business as set forth in the application, will be reviewed by the office of the City Clerk for completeness and compliance with the requirements of this chapter. B. The City Clerk shall issue a provisional marihuana business approval certificate to each applicant whose application is complete and if the inspection, background checks, and all other information available to the City verify that the applicant complies with applicable zoning and location requirements, and is prepared to operate the business as set forth in the application, and in compliance with the City Code of Ordinances, all conditions required by the Planning Commission, and any other applicable law, rule, or regulation. Background checks shall be conducted by the City Clerk in conjunction with the Taylor Police Department. C. The applicant shall not locate or operate a marihuana business in the City without obtaining a state operating license approved by and issued by the Department and a City Marihuana Operating Permit. A provisional certificate issued by the City will expire and be void after two years, or on the date that state approval is denied by a final order to the applicant, whichever first occurs. D. If the Department issues a final determination denying an applicant a state operating license, then the provisional approval certificate will be canceled by the City Clerk. E. Provisional certificates are not transferable to another person or entity without the submission of a local permit application by the person or entity to whom the certificate is to be transferred and the approval of the City Clerk. § 11-10 ISSUANCE OF CITY MARIHUANA BUSINESS OPERATING PERMIT. A. An applicant holding an unexpired provisional certificate issued pursuant to this chapter and for which a marihuana facility or marihuana establishment state operating license has been issued shall provide proof of same to the City Clerk. B. An inspection of the proposed marihuana business by the City is required prior to issuance of the City operating permit. Such inspection shall occur after the premises are ready for operation, but prior to the stocking of the business with any marihuana or marihuana-infused product, and prior to the opening of the business or commencement of operations, unless the applicant holds a state operating license and is seeking a permit for an equivalent license. The inspection is to verify that the business premises are 13 200 constructed and can be occupied in accordance with the application submitted and the applicable requirements of this chapter and any other applicable law, rule, or regulation. C. After verification that the business premises are constructed and can be occupied in accordance with the application submitted and the applicable requirements of this chapter and any other applicable law, rule, or regulation, and the issuance of a temporary or permanent certificate of occupancy for the building, the City Clerk shall issue a City marihuana business operating permit for a term of one year. The City- issued permit must be prominently displayed within the business. D. Maintaining a valid state operating license is a condition for the issuance and maintenance of the City marihuana business operating permit issued under this chapter and the continued operation of any marihuana business. E. Proof of insurance. (1) A permittee shall at all times maintain in full force and effect for duration of the permit, workers’ compensation insurance as required by state law, and general liability insurance with minimum limits of $1,000,000 per occurrence and an aggregate limit of $2,000,000 issued from a company licensed to do business in Michigan having an AM Best rating of at least B++. A permittee shall provide proof of insurance to the City Clerk in the form of a certificate of insurance evidencing the existence of a valid and effective policy which discloses the limits of each policy, the name of the insurer, the effective date and expiration date of each policy, the policy number, and the names of the additional insureds. The policy shall name the City of Taylor and its officials and employees as additional insureds to the limits required by this section. A permittee or its insurance broker shall notify the City of any cancellation or reduction in coverage within seven days of receipt of the insurer’s notification to that effect. The permittee shall obtain and submit proof of substitute insurance to the City Clerk within five business days in the event of expiration or cancellation of coverage. (2) A secure transporter must provide proof of no-fault automobile insurance with a company licensed to do business in Michigan with limits of liability not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, vehicle registration, and registration as a commercial motor vehicle for all vehicles used to transport marihuana or marihuana-infused product. (3) Any failure to maintain or lapse in the insurance coverage required by this chapter is grounds for revocation of the City-issued operating permit. F. A condition of the issuance of a marihuana business operating permit includes, at a minimum, operation of the business in compliance with all the plans and the information provided to the City as part of the application. A permittee must update any material change in the information provided to the City as part of the application within ten business days of such change during the term of the permit. The failure to timely update a material change in information will be grounds for suspension or revocation of the operating permit. The term “material change” includes, but is not limited to: 14 201 (1) Any change in owners, officers, members or managers; (2) The addition or removal of a person named in the application for the local permit; (3) Change in the name of the business (4) Any proposed transfer, sale, or other conveyance of an interest in the business or the business license; (5) Any modification to the business premises, which requires an inspection under the applicable code, alteration of ingress or egress, or changes that impact security, fire safety, or building safety; (6) Any criminal charges and convictions, or civil judgements against the permittee in this state or any other jurisdiction; (7) Any regulatory sanction disciplinary action taken against the permittee in this state or any other jurisdiction; (8) The initiation or conclusion of any judgement, lawsuit, legal or bankruptcy proceeding, or governmental investigation of the permittee or a true party of interest in the business; or (9) Any court-appointed conservator, receiver, or trustee of the permittee. § 11-11 PERMIT FORFEITURE. In the event that a marihuana business does not commence and maintain regular operations within one year of issuance of a City operating permit, the permit will be deemed forfeited; the business may not recommence operations and the permit is not eligible for renewal. § 11-12 PERMIT RENEWAL. A. A valid marihuana business operating permit may be renewed on an annual basis by submission of a renewal application upon a form provided by the City Clerk and payment of the annual license fee of Five Thousand Dollars ($5,000) or as amended by City Council resolution. An application to renew a marihuana business operating permit shall be filed no sooner than 120 days and no later than 75 days prior to the date of its expiration. Upon receipt of a timely filed application of renewal, the City Clerk may extend the term of the expiring permit for up to 90 additional days, at no cost to the permittee, to allow for the orderly consideration of the request for renewal. The failure to timely file for renewal is sufficient grounds to deny renewal of a permit to operate a marihuana business in the City and is not subject to appeal. B. Prior to the issuance of a renewed marihuana business operating permit by the City, the premises must be inspected to assure that it and its systems comply with the requirements of this chapter and all other applicable City codes and ordinances. 15 202 C. In determining whether to grant a renewal of a permit, the City Planner will evaluate the permit holder's compliance with the statements it provided with its initial application and submission with its request for renewal of the following information: (1) A statement that the business is not in default to the City for any property tax, special assessment, utility charges, fines, fees or other financial obligation owed to the City; (2) A statement that the hiring and public accommodation practices of the facility conform to the City's anti-discrimination policies. D. If a permittee demonstrates compliance with the requirements for renewal of an operating permit, the City Clerk shall renew the existing permit for a period of one year, on the condition that the state operating license for the facility is renewed. However, in his/her discretion, the City Planner or City Clerk may recommend only a single 90-day probationary renewal based upon a finding that the permittee has documented violations of City Codes or Ordinances for which the permittee has presented a written plan for correction of all violations which is determined by the Planner and Clerk to be an acceptable resolution of the violations. If the City Clerk determines that the violations have been cured within the 90-day probationary period, a one-year renewal of the permit will be issued which shall include the 90-day probationary period. If the violations are not cured within the 90-day probationary period, the City Clerk will issue a notice of permit denial to the permittee. § 11-13 TRANSFER OF PERMIT. A. A marihuana business permit is valid only for the owner named thereon, the type of business disclosed on the application for the permit, and the location for which the permit is issued. B. Each operating permit is exclusive to the permittee. An applicant seeking to acquire a marihuana business must apply for a new permit with the City Clerk before an existing permit is rescinded. The attempted transfer, sale, or other conveyance of an interest in a permit without prior application for a City operating permit with the City Clerk is grounds for suspension or revocation of the existing permit and denial of a permit to the proposed new owner of the marihuana business. § 11-14 PERMIT AS REVOCABLE PRIVILEGE. An operating permit granted by this chapter is a revocable privilege granted by the City and is not a property right. The granting of a permit under this chapter does not create or vest any right, title, franchise, or other property interest. The production, processing and sale of marihuana is a highly regulated industry, therefore strict compliance with the provisions of this chapter is required by holders of a City-issued operating permit § 11-15 NONRENEWAL, SUSPENSION OR REVOCATION OF PERMIT. A. The City Clerk may, after notice and hearing, suspend, revoke or refuse to renew a permit for any of the following reasons: (1) The permit holder, or his or her agent, manager or employee, has violated, does not meet, or has failed 16 203 to comply with any of the terms, requirements, conditions or provisions of this chapter or with any applicable state or local law or regulation; (2) The permit holder, or its agent, manager or employee, has failed to comply with any special terms or conditions of its license or permit pursuant to an order of the state or the City as the local permitting authority, including those terms and conditions that were established at the time of issuance of the license or probational renewal and those imposed as a result of any disciplinary proceedings held subsequent to the date of issuance of the license by the state; (3) The Planning Department determined that the permit holder did not meet or failed to comply with one or more of the requirements set forth at § 11-12C. (4) The marihuana commercial business has been operated in a manner that adversely affects the local public health, safety or welfare; or (5) The permit holder failed to timely submit all necessary documents and/or fees to renew the City-issued permit or state operating license. B. Evidence to support a finding under this section may include, without limitation, a continuing pattern of conduct, a continuing pattern of drug-related criminal conduct within the premises of the marihuana business or in the immediate area surrounding such business, a continuing pattern of criminal conduct directly related to or arising from the operation of the marihuana business, or an ongoing nuisance condition emanating from or caused by the marihuana business. Criminal conduct is limited to the violation of a state law or regulation or City ordinance. C. Except as otherwise provided in this chapter, the City Council shall hear and decide questions that arise in the administration of this chapter, including appeals of suspension and revocations of City operating permits. The concurring vote of a majority of the members present of the City Council is necessary to reverse an order, requirement, decision, or determination of an administrative official in the application of this chapter. The City Council may seek recommendations of the Planning Commission. The decision of the City Council is final. Article III SPECIFIC MARIHUANA BUSINESS REQUIREMENTS § 11-16 GROWER CLASSES. A grower may not hold more than one class of grower state operating license. A grower may hold more than one Class C grower license at a single location. A qualifying grower may hold an excess grower license. § 11-17 SEPARATION OF LICENSED PREMISES. A grower, processor, and retailer or an equivalent license shall not operate in the same location and are be separate marihuana commercial businesses requiring separate licenses and separate permits. Each marihuana 17 204 commercial business shall be distinctly partitioned from other businesses from floor to roof, have separate operations, ventilation, security and fire suppression systems, and separate entrances and exits. § 11-18 SECURE TRANSPORTER. A. A secure transporter which operates from a premises located within the City shall secure a permit from the City. A state-licensed secure transporter which does not have a facility located in the City may, without securing a license from the City, operate on public streets and highways within the City. B. A driver transporting marihuana or marihuana-infused products must possess a valid operator's license issued by the state. C. Each vehicle engaged in the transportation of marihuana or marihuana-infused products must always be operated by a two-person crew with at least one individual remaining with the vehicle. D. A secure transporting vehicle must not bear any markings or any other indication that it is carrying marihuana or marihuana-infused products. § 11-19 PROVISIONING CENTERS AND RETAILERS. A. The licensee, manager, operator and employees of a provisioning center or retailer shall strictly comply with all rules addressing security (including but not limited to an operating video surveillance system), storage of marihuana and marihuana-infused products to prevent direct customer access and use of a separate room as a point-of-sale area. B. It is unlawful for the licensee, manager, operator or employees of a provisioning center or retailer to: (1) Permit the sale, consumption, or use of alcohol beverages or tobacco products on the licensed premises or engage in food service on the licensed premises (As used in this subsection, "food service" means the preparation of food or drink for direct consumption by members of the public through service on the premises.); (2) Sell, give, dispense or otherwise distribute marihuana, marihuana-infused products, or marihuana paraphernalia from any outdoor location on the licensed premises; (3) Offer or distribute samples of marihuana or marihuana-infused products to a consumer free of charge. (4) Permit the use, consumption, or inhalation of marihuana or marihuana-infused products on the licensed premises. (5) Operate a licensed provisioning center or retailer at any time other than between the hours of 9:00 a.m. and 9:00 p.m. daily. (6) Keep or grow marihuana plants within the provisioning center or retailer premises. C. Registered patients and registered primary caregivers with valid registry cards and persons 21 years of age and older are permitted in a dedicated point of sale area; a separate waiting area may be created for 18 205 visitors not authorized to enter the marihuana business. Provisioning centers and retailers shall be wheelchair accessible, and disability accommodations shall be provided upon request. D. Provisioning centers and retailers may engage in online and home delivery of marihuana and marihuana-infused products in strict compliance with Department-approved procedures and rules. E. Drive-through and curbside transaction operations are prohibited. F. Provisioning centers and retailers shall prominently display a sign near the point of sale area which carries the following warning: WARNING: Marihuana use by pregnant or breastfeeding women, or by women planning to become pregnant, may result in fetal injury, preterm birth, low birth weight, or developmental problems for the child. Products sold here must be kept out of the reach of children, not used or consumed while driving, and cannot be sold or dispensed to anyone under 21 years of age. Article IV GENERAL REQUIREMENTS § 11-21 COMPLIANCE WITH RULES; INSPECTIONS. A. A permittee shall strictly comply with the rules that may from time to time be promulgated by the Department. B. All marihuana commercial business shall obtain all other required permits or licenses related to the operation of the marihuana business, including, without limitation, any site plan approvals or building permits required by any applicable code or ordinance. C. Any failure by a permittee to comply with Department rules or the provisions of this chapter is a violation of this chapter, and any infraction or violation, however slight, is sufficient grounds for suspension and revocation of the permit issued under this chapter. § 11-22 SIGNAGE AND ADVERTISING. A. All signage and advertising for a marihuana business shall comply with all applicable provisions of this Code and the City Zoning Code. In addition, it shall be unlawful for any licensee to: (1) Use advertising material that is misleading, deceptive or false; or 19 206 (2) Use advertising material for the business that uses the words “marihuana”, “marijuana”, “cannabis”, weed, dank, smoke, or depicts a marihuana plant or leaf. (3) As evidenced by the content of the advertising material or by the medium, manner or location by which the advertising material is disseminated, is designed to appeal to individuals age 20 or younger. B. Only one sign per street frontage, which complies with the size restrictions set forth in the City Zoning Code, is permitted for a provisioning center, retailer, or safety compliance center. Neon or gas-lighted, digital, and flashing signs are prohibited. § 11-23 SECURITY REQUIREMENTS. A. Security measures at all licensed premises must comply with the requirements of all applicable rules and regulations promulgated by the Department. B. Prior to commencing operations, a description of the security plan for the business must be submitted to the Department of Police. The security plan shall include details of the video surveillance system to be employed at the business and procedures that meet or exceed applicable state rules addressing security. C. The security system is required to be maintained in good working order and provide continuous twenty- four-hour-per-day recorded coverage. A separate security system is required for each business. § 11-24 FIRE SUPPRESSION; HAZARDOUS MATERIALS. A. A marihuana business is required to install a fire suppression system and fire alarm system for the premises which meets the requirements imposed by applicable law, rule, or regulation. Unless a higher standard is required by applicable law or regulation, there must be a minimum of a one-hour fire separation between a marihuana business and any adjacent business. B. A description of all toxic, flammable, or other materials, including all chemical compounds and pesticides used for cultivation, processing or testing of marihuana that will be used or kept at the premises, specifying the location of such materials on the premises, and how such materials will be stored and disposed of, shall be filed with the Fire Marshal prior to the marihuana business commencing operations. § 11-25 WASTE MANAGEMENT. A. A marihuana business is required to institute and employ waste management protocols and practices that comply with applicable rules and regulations that includes a plan for disposal of any marihuana or marihuana-infused product that is not sold, and any portion of a plant or the residue from any grow, production or testing process that precludes any portion being disposed of from being possessed or ingested by any person or animal. 20 207 B. If determined as being necessary by the Director of Public Works, wastewater generated from the cultivation or processing of marihuana or marihuana-infused products may require pretreatment before introduction in the City wastewater system. § 11-26 VISIBILITY OF ACTIVITIES. A. All activities of marihuana commercial operations shall be conducted indoors and out of public view. B. No marihuana, marihuana-infused product, or paraphernalia shall be displayed or kept in a business so as to be visible from outside the licensed premises. § 11-27 ODOR CONTROL. A. Growers, processors, and safety compliance facilities are required to install and maintain in operable condition an appropriate exhaust ventilation system which precludes the emission of detectable marihuana odor resulting from any grow or production process or operations from the premises. Exhaust and ventilation equipment must be installed, operated, and maintained in compliance with the Michigan Mechanical Code, R 408.30901 et seq. B. No marihuana business shall permit the emission of marihuana odor resulting in detectable odors that leave the business premises upon which they originated and interfere with the reasonable and comfortable use and enjoyment of another's property. C. Whether a marihuana odor emission interferes with the reasonable and comfortable use and enjoyment of a property shall be measured against the objective standards of a reasonable person of normal sensitivity. § 11-28 REPORTS OF CRIME. Reports of all criminal activities or attempts of violation of any law at the marihuana business or related thereto shall be reported to the City of Taylor Police Department within 24 hours of occurrence, or its discovery, whichever is sooner. The failure to timely report criminal activity is a violation of this chapter and may result in sanctions up to and including the suspension, revocation or nonrenewal of the business's City operating permit. § 11-29 INSPECTION OF LICENSED PREMISES. A. During all business hours and other times when the premises are occupied by the licensee or an employee or agent of the licensee, all licensed premises shall be subject to examination and inspection by the Taylor Police Department and all other City departments for the purpose of investigating and determining compliance with the provisions of this chapter and any other applicable state and local laws or regulations. B. Consent to inspection. Application for a marihuana business permit or operation of a marihuana business, or leasing property to a marihuana business, constitutes consent by the applicant, and all 21 208 owners, managers, and employees of the business, and the owner of the property, to permit the Chief of Police, Ordinance Enforcement Officer, or the designee thereof, to conduct routine examinations and inspections of the marihuana business to ensure compliance with this chapter or any other applicable law, rule, or regulation. For purposes of this chapter, examinations and inspections of marihuana businesses and examination of recordings from security cameras in such businesses, are part of the routine policy of enforcement of this chapter for the purpose of protecting the public safety, individuals operating and using the services of the marihuana business, and the adjoining properties and neighborhood. C. Application for a marihuana business permit constitutes consent to the examination and inspection of the business as a public premises without a search warrant, and consent to seizure of any surveillance records, camera recordings, reports, or other materials required as a condition of a marihuana business permit without a search warrant. D. A licensee, or an employee or agent of the licensee, shall not threaten, hinder or obstruct a law enforcement officer or a City inspector or investigator in the course of making an examination or inspection of the licensed premises and shall not refuse, fail, or neglect to cooperate with a law enforcement officer, inspector, or investigator in the performance of his or her duties to enforce this chapter, the MMFLA, MRTMA, or applicable state administrative rules. § 11-30 OTHER LAWS REMAIN APPLICABLE. To the extent the state adopts in the future any additional or stricter law or regulation governing the sale or distribution of marihuana, the additional or stricter regulation shall control the establishment or operation of any marihuana commercial business in the City. Compliance with any applicable state law or regulation shall be deemed an additional requirement for issuance or denial of any permit under this chapter, and noncompliance with any applicable state law or regulation shall be grounds for revocation or suspension of any permit issued hereunder. § 11-31 GRANT OF ADMINISTRATIVE AUTHORITY. The City Clerk is granted the power and duty to fully and effectively implement and administer the permit application process and issuance of provisional approval certificates and operating permits issued by the City under this chapter. The City Clerk, after consultation with other City departments, shall promulgate such rules as necessary to implement and administer this chapter. § 11-32 VIOLATIONS AND PENALTIES. A. Any person, including, but not limited to, any licensee, manager, landlord or employee of a marihuana commercial operation, or any customer of such business, who violates any of the provisions of this chapter shall be responsible for a municipal civil infraction punishable by a civil fine of $500, plus court-imposed costs and any other relief that may be imposed by the court. B. In addition to any civil fine imposed for a municipal civil infraction violation, a violation of this chapter shall also be sufficient grounds for the suspension, revocation or nonrenewal of the City operating permit. 22 209 C. In addition to the possible denial, suspension, revocation or nonrenewal of the permit issued under the provisions of this chapter, the City Corporation Counsel is authorized to seek such other relief that may be available and provided by law or equity, including filing a public nuisance action or seeking injunctive relief against any person alleged to be in violation of this Chapter or the City Zoning Code. § 11-33 SEVERABILITY. If any section, subsection, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion of this ordinance, and such holding shall not affect the validity of the remaining portions of this ordinance. § 11-34 REPEALER. All ordinances or parts of ordinances in conflict with this Chapter are hereby repealed only to the extent necessary to give this ordinance full force and effect. § 11-35 EFFECTIVE DATE. This Ordinance shall be effective upon the passage by the City Council and the publication of the Ordinance in accordance with the City Charter of the City of Taylor and the statutes of the State of Michigan. 23 210
City Council — Taylor, MI