Agenda for Regular Common Council Meeting

1 Regular Council Meeting August 4, 2026 AGENDA FOR REGULAR COMMON COUNCIL MEETING CITY OF SUPERIOR, WISCONSIN August 4, 2026 at 6:30 p.m. Government Center, Board Room 201, 1316 N 14th Street, Superior, WI 54880 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PRESENTATIONS AND PUBLIC HEARINGS 4. APPROVAL OF MINUTES 4.1. July 21, 2026 – Regular Common Council Meeting 5. CORRESPONDENCE TO BE FILED 6. MAYOR’S REPORT 6.1. Report from Mayor Paine 7. STANDING COMMITTEE REPORTS 7.1. Human Resources Committee (Meeting held July 20, 2026) Report from the Chair. RECOMMENDATIONS: 7.1.1. Approve the updated Nepotism policy (#04.06c). 7.1.2. Approve the updated Disciplinary Actions policy (#16.01). 7.1.3. Approve the permanent seasonal Finance Intern Position. 7.2. Public Works Committee (No meeting to report) 7.3. Finance Committee (Meeting held July 28, 2026) Report from the Chair. 7.4. Licenses and Fees Committee (Meeting held July 20, 2026) Report from the Chair. RECOMMENDATIONS: 7.4.1. Approve O26-4433, an ordinance amending City Code, Chapter 1 – General Provisions, Section 1-14 – Citations and deposit for violation of certain 2 Regular Council Meeting August 4, 2026 provisions, to assign citation authority for designated trails and routes, by adding Code Section 90-360 – Designated Trails/Routes and Enforcement Official(s) – Police Chief and/or Director of Parks & Recreation. 7.4.2. Conditionally approve the Outdoor Alcohol Consumption License for Port Town Tavern, with the licensed premises limited to the rear patio area, located at 1318 Tower Avenue (Agent: Barbara Engelking) for the current license period through June 30, 2027. 7.5. Public Safety Committee (No meeting to report) 8. SPECIAL COMMITTEE REPORTS 8.1. REPORTS WITH RECOMMENDATIONS 8.2. REPORTS SANS RECOMMENDATIONS 8.2.1. Urban Forestry Tree Board (Meeting held July 23, 2026) Report from the Chair. 8.2.2. Community Development Block Grant Advisory Board (Meetings held on July 23, 2026 and July 30, 2026) Report from the Chair. 9. OLD BUSINESS 10. NEW BUSINESS 10.1. Miscellaneous licenses. 10.2. Amend the Premise for a special event license application for Hudy’s Bar, located at 2126 E 5th Street (Agent: James Ronning), for a birthday party on August 8, 2026. 10.3. Amend the Premise for a special event license application for Hudy’s Bar, located at 2126 E 5th Street (Agent: James Ronning), for East End Family Fun Days August 15, 2026. 10.4. Amend the Premise for a special event license application for East End Tavern, LLC, dba East End Tavern located at 2114 E 5th Street (Agent: Rick Lampton), for East End Family Fun Days August 15, 2026, pending fire department approval. 10.5. Approve R26-13884, a resolution approving the Form of Notice of Assignment of Leases (CHS, Inc. Projects). 3 Regular Council Meeting August 4, 2026 10.6. Approve R26-13885, a resolution approving the Forms of Assignment and Assumption of Development Agreements (CHS, Inc. Projects). 10.7. Approve O26-4434, an ordinance amending City Code Chapter 112 – Traffic Code, Article III Parking; Schedule J, Accessible Parking Zones to Add Accessible Parking Signage at 1317 North 7th Street (one side). 10.8. Original Class “B” Beer license application for City of Superior, Superior Historic Properties, Fairlawn Mansion, located at 906 E 2nd Street (Agent: Jordan Stish) for current license period through June 30, 2027 pending police, fire, and health department approvals. 10.9. Original Class “B” Beer license application for City of Superior, Superior Historic Properties, SS Meteor Maritime Museum, located at 3285 200 Marina Drive (Agent: Jordan Stish) for current license period through June 30, 2027 pending police, fire, and health department approvals. 10.10. Original Class “B” Beer license application for City of Superior, Superior Historic Properties, Old Firehouse & Police Museum, located at 402 23rd Avenue E (Agent: Jordan Stish) for current license period through June 30, 2027 pending police, fire, and health department approvals. 10.11. Original Class “B” Beer and “Class B” Liquor license application for President’s Liquor, LLC, dba President’s Bar & Liquor, located at 3824 E 2nd Street (Agent: James Bolin) for current license period through June 30, 2027 pending police, fire, and health department approvals. 10.12. Original Cigarette, Tobacco, and Vapor Product license application for President’s Liquor, LLC, dba President’s Bar & Liquor, located at 3824 E 2nd Street (Agent: James Bolin) for current license period through June 30, 2027 pending police, fire, and health department approvals. 11. BUSINESS BY PUBLIC Due to the requirements of the Wisconsin Open Meetings laws, only matters placed on this agenda may be approved by the Council at this meeting. Citizens who wish to address the council may do so during Business by Public by signing up with the city clerk and indicating the agenda item they wish to address. All comments by members of the public shall be limited to three minutes in length. Electioneering or personal attacks are not allowed. The City of Superior complies with the Americans with Disabilities Act of 1990. If you need an accommodation to participate in the public meeting process, please contact the City Clerk’s Office at (715) 395 -7200 (OR dial 711 for Telecommunications Relay Se rvice) prior to the scheduled meeting. The city will attempt to accommodate any reasonable request depending on the amount of notice received. 4 Regular Council Meeting August 4, 2026 In compliance with Wisconsin Open Meetings Law, this agenda was posted on 07/31/2026 at the following locations: Superior Government Center, Douglas County Courthouse, and online at https://www.superiorwi.gov/agendacenter. It was also emailed to the Superior Telegram and the Superior Public Library. 1 Regular Council Meeting July 21, 2026 PROCEEDINGS OF THE REGULAR COMMON COUNCIL MEETING CITY OF SUPERIOR, WISCONSIN July 21, 2026 at 6:30 p.m. Government Center, Board Room 201, 1316 N 14th Street, Superior, WI 54880 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PRESENTATIONS AND PUBLIC HEARINGS 4. APPROVAL OF MINUTES 4.1. July 7, 2026 – Regular Common Council Meeting MOTION TO APPROVE, by Councilor Elm, was seconded by President Herrick and carried. 5. CORRESPONDENCE TO BE FILED 6. MAYOR’S REPORT 6.1. Report from Mayor Paine 7. STANDING COMMITTEE REPORTS 7.1. Human Resources Committee (No meeting to report) 7.2. Public Works Committee (Meeting held July 8, 2026) Report from Councilor Ledin. RECOMMENDATIONS: 7.2.1. Approve Amendment V to the Electrical Services Agreement between the City of Superior and Benson Electric Company. MOTION TO APPROVE, by Councilor Ledin, was seconded by Vice President Moffat and carried. 7.2.2. Approve O26-4431, an ordinance amending City Code, Chapter 34, Construction Code, Article IV – Building Permit Applications, Section 34-73 – Other Requirement Information, to allow the city Building Inspection Division to request delegation as an appointed agent for review of commercial buildings and structures of all sizes. MOTION TO APPROVE, by Councilor Ledin, was seconded by Councilor Elm and carried. 2 Regular Council Meeting July 21, 2026 7.2.3. Approve a one-year Professional Services Agreement with Redline Plan Review, LLC, for the review of all projects of 50,000 cubic feet or larger. MOTION TO APPROVE, by Councilor Ledin, was seconded by Councilor Elm and carried. 7.3. Finance Committee (No meeting to report) 7.4. Licenses and Fees Committee (No meeting to report) 7.5. Public Safety Committee (Meeting held July 16, 2026) Report from Councilor Elm. RECOMMENDATIONS: 7.5.1. Approve broadband fiber installation service for North End Fire Hall through Hanco Utilities in the amount of $44,428.00. MOTION TO APPROVE, by Councilor Elm, was seconded by Councilor Anderson and carried. 8. SPECIAL COMMITTEE REPORTS 8.1. REPORTS WITH RECOMMENDATIONS 8.2.1. Communications & Information Technology Committee (Meeting held July 13, 2026) Report from the Chair. RECOMMENDATIONS: 8.2.1.1. Approve a service agreement amendment with WIN, LLC to extend the duration of the agreement from 24 to 48 months and reduce services and costs. 8.2.1.2. Approve a Memorandum of Understanding with Duluthian Networks LLC for free public Wi-Fi on City-owned properties. MOTION TO APPROVE both items, by Councilor Elm, was seconded by Councilor Caven and carried. 8.2.2. Plan Commission (Meeting held July 14, 2026) Report from Mayor Paine. RECOMMENDATIONS: 8.2.2.1. Approve small business grant application and development agreement for La Peinado Salon and Spa LLC, doing business at 2802 Tower Avenue for expenses including pedicure spa and styling station renovations in the amount of $20,000.00. MOTION TO APPROVE, by Vice President Moffat, was 3 Regular Council Meeting July 21, 2026 seconded by Councilor Hering and carried. 8.2.2.2. Approve small business grant application and development agreement for Up North DeCaro Superior, doing business at 1106 Tower Avenue for expenses including golf/game simulators in the amount of $20,000.00. MOTION TO APPROVE, by Councilor Elm, was seconded by Councilor Graskey and carried. 8.2.2.3. Approve R26-13883, a resolution authorizing the purchase of property located at 1903 Banks Avenue for $240,000.00 with funding to come from the Affordable Housing Fund. MOTION TO APPROVE, by Vice President Moffat, was seconded by Councilor Elm and carried. 8.3. REPORTS SANS RECOMMENDATIONS 9. OLD BUSINESS 10. NEW BUSINESS 10.1. Miscellaneous licenses. MOTION TO APPROVE, by Councilor Graskey, was seconded by President Herrick and carried. 10.2. Original Class “B” Beer license application for Douglas County Historical Society, located at 1101 John Avenue (Agent: Kristen Haux) for current license period through June 30, 2027. MOTION TO APPROVE, by Councilor Graskey, was seconded by Councilor Elm and carried. 10.3. R26-13881, a resolution of the Common Council of the City of Superior, Wisconsin, Approving the Form of Notice of Assignment of Leases (CHS Inc. Projects). MOTION TO APPROVE, by Councilor Graskey, was seconded by Vice President Moffat and carried. 10.4. R26-13882, a resolution of the Common Council of the City of Superior, Wisconsin, Authorizing the Transfer of Property Located in the North Tower Avenue Area to the Redevelopment Authority of the City of Superior. MOTION TO APPROVE, by President Herrick, was seconded by Councilor Graskey and carried. 10.5. O26-4432, an ordinance amending City Code Chapter 112 – Traffic Code, to add Accessible Parking and Do Not Block Sidewalk Zone Signage at 1311 Birch Avenue. MOTION TO APPROVE, by President Herrick, was seconded by Councilor 4 Regular Council Meeting July 21, 2026 Anderson and carried. 11. BUSINESS BY PUBLIC Meeting adjourned at 6:49 p.m. Respectfully submitted, Heidi Blunt, City Clerk Superior, Wisconsin Approved this 4th day of August, 2026. Attest: ____________________________________ Mayor ____________________________________ City Clerk HUMAN RESOURCES COMMITTEE – 7/20/2026 Mtg Page 1 of 2 HUMAN RESOURCES COMMITTEE Meeting Minutes Monday, July 20, 2026 Regular Meeting The meeting was called to order by Councilor Sweeney at 5:00 p.m. on July 20, 2026, in room 204 of the Government Center. 1 ROLL CALL MEMBERS PRESENT: Jack Sweeney, Lindsey Graskey, Garner Moffat, Karly Caven (alternate) CITY STAFF PRESENT: Beth Archer, Deb Williams, Trish Lough, Frog Prell, Cam Vollbrecht, Mayor Paine, Justin Bernacki, Paul Winterscheidt, Nicholas Rhinehart (virtual) OTHERS PRESENT: Shelley Nelson 2 APPROVAL OF MINUTES 2.1 Human Resources Committee (Meeting held June 15, 2026) MOTION by Graskey, seconded by Moffat. Motion carried. 3 OLD BUSINESS 3.1 Approve updated policy #04.06c – Nepotism (held from the June HRC meeting) MOTION by Moffat, seconded by Graskey. Motion carried. An amendment was made to correct a typographical error, changing the statutory reference from “Wisconsin Statute Section 62.3” to “Wisconsin Statute Section 62.13”. 3.2 Approve updated policy #16.01 – Disciplinary Actions (held from the June HRC meeting) MOTION by Moffat, seconded by Graskey. Motion carried. It was recommended by Councilor Sweeney that policies be re-evaluated annually or biannually. *Frog Prell left the meeting at 5:05pm 3.3 Approve request to adjust the wage placement of all Police Sergeants currently assigned to Grade K of the non-union pay plan. (held from the June HRC meeting) MOTION by Graskey, seconded by Moffat, to hold in committee until August. Motion carried. It was requested that the Human Resources department draft language that outlines how proposed percentage increase will be determined so that supervisors do not earn less than their subordinates. The goal is to help eliminate wage compression issues. HUMAN RESOURCES COMMITTEE – 7/20/2026 Mtg Page 2 of 2 3.4 Approve request to adjust the wage placement of all Battalion Chiefs to Grade M and the Assistant Fire Chief to Grade O, effective October 1, 2026. (held from the June HRC meeting) MOTION by Graskey, seconded by Moffat, to hold in committee until August. Motion carried. This is being addressed by item 3.3 and will be addressed further at the August Committee meeting. 4 NEW BUSINESS 4.1 Request to approve permanent seasonal Finance Intern Position MOTION by Moffat, seconded by Graskey. Motion carried. 4.2 Discussion on Council Compensation Modernization & Annual Review Framework MOTION by Moffat, seconded by Graskey, to hold in committee until August. Motion carried. It was requested that committee members gather more information to be brought back to the August HRC Meeting. 4.3 Receive and file items approved by the Library Board: 4.3.1 Updated job description for Librarian 4.3.2 Reclassification of Library Technician/Librarian 4.3.3 6/10 Library Board Minutes MOTION by Graskey, seconded by Moffatt, to receive and file. 5 RECURRING BUSINESS 5.1 Receive and file: Monthly personnel report for June 2026. The Committee received and filed. 5.2 Human Resources updates. Human Resources will bring 2-3 updated job descriptions to committee each meeting starting in August. 6 ADJOURNMENT The meeting was adjourned at 5:51 p.m. ___________________________________________________________________________________________ Respectfully submitted by Trish Lough FINANCE COMMITTEE Meeting Minutes July 28, 2026, Regular Meeting The meeting was called to order by Councilor Tylor Elm at 4:30 pm on July 28, 2026, in Government Center Room 204. 1 . ROLLCALL PRESENT: Tylor Elm, Mike Herrick, Nick Ledin (alternate). CITY STAFF PRESENT: Nick Rhinehart (Finance Director), Renee Hoff (Assistant Finance Director), Councilor Garner Moffat, Councilor Joe Radtke, Camron Volbrecht (Fire Chief), Sue Heskin (Library Director), Justin Bernacki (Chief of Staff, Mayor’s Office). VIRTUAL: OTHERS PRESENT: Shelley Nelson (Superior Telegram) 2. APPROVAL OF MINUTES 2.1 Finance Committee (Meeting held June 23, 2026) Motion was made by Mike Herrick, seconded by Tylor Elm, and carried to approve the Finance Committee minutes June 23, 2026. 3. OLD BUSINESS 3.1 Village of Superior – Fire Protection Contract Motion was made by Mike Herrick, seconded by Nick Ledin, and carried to hold in committee. 3.2 Library Utility Cost Review Discussion regarding utility costs over the five-year review period. The telephone system was discussed and the possibility of joining the Douglas County Avaya system. The roof is warrantied until 2033 and cannot currently sustain the weight of solar panels. Energy efficiencies have kept the costs even over the five year look back period. Motion was made by Mike Herrick, seconded by Nick Ledin, carried to receive and file the Library Utility Cost Review. 3.3 Connect Superior Broadband Financial Statements Finance Director Nick Rhinehart reported that the expenses remain consistent. Broadband Manager Becken will be invited to a future meeting to discuss the progress. Motion was made by Mike Herrick, seconded by Nick Ledin, and carried to hold in committee. 3.4 Cell Phone Review & Discussion Finance Director Nick Rhinehart reported that there are 100 devices among 15 accounts with an average cost per device of $37.62. IT Director Shea will be invited to a future meeting to discuss any possible cost savings. Motion was made by Mike Herrick, seconded by Nick Ledin, and carried to hold in committee. 3.5 Landfill rates and DNR escrow account Finance Director Nick Rhinehart reported that rates will be reviewed during the budget process. Any rate increases are suggested to be gradual so as no large increases will be required during the switch to WLSSD. Motion was made by Mike Herrick, seconded by Nick Ledin, and carried to hold in committee. 4. NEW BUSINESS 4.1 Humane Society of Douglas County Contract Motion was made by Mike Herrick, seconded by Nick Ledin, and carried to hold in committee. 4.2 Barker’s Island Marina Financial Statements Motion was made by Mike Herrick, seconded by Nick Ledin, and carried to hold in committee. 4.3 2026 Tax Increment District (TID) Budgets & Appropriations Finance Director Rhinehart presented the annual 2026 TID budgets and appropriations for TIDs 13 through 19, noting they were brought forward later than usual due to the ERP implementation. He provided an overview of each TID, current projects, and existing development agreements. TID 16 was highlighted for significant recent activity, with new developments including Kari Toyota, Allstate Peterbilt, and Superior Lidgerwood Mundy expected to add substantial taxable value beginning in the 2026–2027 tax year. Committee members discussed the positive impact of these developments on net new construction and the City's tax base, expressing interest in comparing the new property values to the values of the previous locations. It was also noted that TID 19 is still in the early stages of development, with construction at the former Lake Superior Elementary School site progressing well. The committee approved the 2026 TID budgets and annual appropriations. Motion was made by Mike Herrick, seconded by Nick Ledin, and carried to approve and file the Tax Increment District (TID) Budgets & Appropriations. 5. RECURRING BUSINESS 5.1 June 2026 Check Register Motion was made by Mike Herrick, seconded by Nick Ledin, carried to approve and file the May 2026 Check Register. 5.2 General Fund Financial Statement –2026 Expenditures vs Budget Analysis as of July 17, 2026 Finance Director Nick Rhinehart spoke on the positive position of the General Fund. A question and answer period was ensued. Motion was made by Mike Herrick, seconded by Nick Ledin, and carried to approve and file the General Fund Financial Statement – 2026 Expenditures vs Budget Analysis as of July 17, 2026. 5.3 American Rescue Plan Act (ARPA) Fund Budget Review Finance Director Nicholas Rhinehart provided an update on the City's ARPA Fund budget, noting that the remaining balance continues to decline as projects are completed. Remaining expenditures include broadband fiber infrastructure work, final payments for the Police Department body camera and Taser contract, nonprofit grant reimbursements, and the reallocation of fire hall project costs to ARPA funding. Staff expects all remaining ARPA funds to be fully expended. During discussion, the committee confirmed that approximately $211,000 in remaining broadband funding is tied to ongoing work under Hanco's contract, including fiber drops for current and future projects, and that the project remains on schedule. Motion was made by Mike Herrick, seconded by Nick Ledin, and carried to approve to file the American Rescue Plan Act (ARPA) Fund Budget Review. 5.4 Insurance Update Finance Director Nicholas Rhinehart updated the committee on the City's insurance program following the summer meeting of the municipal insurance pool. He reported that the City will see an insurance rate increase, driven primarily by rising physical damage claims rather than liability coverage. Increased costs for police vehicle repairs, higher rates of vehicle thefts and pursuits in other parts of the state, and broader trends affecting the insurance and reinsurance markets are contributing to higher premiums. Rhinehart noted that, as a member of the insurance pool, the City shares risk with other participating municipalities, even though Superior has experienced relatively favorable claims experience. He also explained that nationwide pressures on the reinsurance market are impacting insurance costs across the industry. No action taken. 5.5 Other Financial Matters Future agenda item(s): • Property Tax Transparency for State Mandated School Choice Funding 6. ADJOURNMENT The meeting was adjourned at 5:15 p.m. Minutes respectfully submitted by Renée Hoff Page 1 of 2 LICENSES & FEES COMMITTEE MEETING Minutes July 20, 2026 Regular Meeting The meeting was called to order by Vice Chair Herrick at 3:30 p.m. on April 13, 2026 in Government Center Room 204. 1 ROLL CALL MEMBERS PRESENT:, Lindsey Graskey, Mike Herrick, Jack Sweeney, Robert Hering MEMBERS PRESENT VIRTUALLY: MEMBERS ABSENT: CITY STAFF PRESENT: City Clerk Blunt, Paralegal Bowers, Planning & Port Director Serck, Chief of Staff Bernacki OTHERS PRESENT: Shelley Nelson (Superior Telegram) 2 APPROVAL OF MINUTES 2.1 Licenses & Fees Committee (Meeting held June 11, 2026) MOTION TO APPROVE by Vice Chair Herrick, was seconded by Commissioner Sweeney and carried. 3 OLD BUSINESS 4 NEW BUSINESS 4.2 Ordinance amending City Code, Chapter 1, Section 1-14, Citations and deposit for violation of certain provisions, to assign citation authority for designated trails and routes. MOTION TO APPROVE by Chair Graskey, was seconded by Vice Chair Herrick and carried. 4.3 New Outdoor Alcohol Consumption License: Port Town Tavern, 1318 Tower Avenue MOTION TO APPROVE WITH CONDITIONS setting the Outdoor Alcohol Consumption License premises to the area at the rear of the building of 18 feet by 10 1/8 feet and to not include the concrete section to the north of the building, by Chair Graskey, was seconded by Vice Chair Herrick and carried. 4.4 License process and ordinance review: 4.4.1 Outdoor Alcohol Consumption License (City Code, Chapter 14 – Alcohol Beverages, Section 14-58 – Premises) 4.4.2 Sidewalk Café License (City Code, Chapter 74 – Licenses, Permits and Business Regulations, Article X – Sidewalk Café License) MOTION TO HOLD IN COMMITTEE items 4.4.1 and 4.4.2 by Vice Chair Herrick, was seconded by Commissioner Sweeney and carried. Licenses & Fees Committee Meeting Page 2 of 2 5 RECURRING BUSINESS 5.1 City Clerk Report City Clerk Blunt reported that the recent alcohol license non-renewal process worked well and expressed interest in working with the City Attorney to formalize the process for future renewal cycles. The Clerk also updated the committee on several new alcohol license applications, including requests from the Douglas County Historical Society, the City of Superior for events at the SS Meteor, Fairlawn Museum, and Fire Museum, and a potential new establishment in the former Palace space, while explaining that City-operated venues must obtain retail licenses rather than temporary nonprofit event licenses to serve alcohol. MOTION TO RECEIVE AND FILE was carried unanimously. 5.2 Future Agenda Items 5.3 Confirm Next Meeting Date Chair Graskey and City Clerk Blunt advised that commissioners can send in requests for agenda items at any time. The next planned meeting is slated for August 17, however, this may be cancelled if no agenda items are submitted. Meeting adjourned at 4:13 p.m. Respectfully submitted, Heidi Blunt, City Clerk MEMORANDUM Date: July 16, 2026 To: Licensing and Fees Committee From: Starr Bowers, Paralegal Re: Ordinance No. O26-xxxx – Citation Authority for Designated Trails and Routes Background The attached ordinance proposes amendments to Chapter 1 of the City Code to provide a clear enforcement mechanism for violations of City Code § 90-360, governing designated trails and routes. While § 90-360 establishes the regulations applicable to designated trails and routes, it is not currently included within § 1-14 of the City Code, which identifies ordinance provisions that may be enforced through the municipal citation process. This amendment addresses that omission. Summary of Proposed Changes The ordinance makes the following changes: 1. Adds Section 90-360 to the list of ordinances enforceable by citation. o The ordinance amends Section 1 -14(b) to include City Code Section 90 -360 (Designated trails/routes) among those provisions that may be enforced through issuance of a municipal citation. 2. Assigns citation authority. o The ordinance designates both the Chief of Police and the Director of Parks & Recreation as enforcement officials authorized to issue citations for violations of Section 90-360. Ci t y At t o r n ey’s Of f i c e Frog Prell, City Attorney Starr Bowers, Paralegal Phone: (715) 395-7214 Fax: (715) 395-7590 TDD: (715) 395-7521 E-mail: attorney@superiorwi.gov 1316 North 14th Street Suite 301 Superior, WI 54880 Website: www.superiorwi.gov o This change recognizes that Parks & Recreation staff are often responsible for oversight and management of the City’s trail system and places citation authority with personnel who routinely observe violations in those areas, while preserving concurrent enforcement authority for the Police Department. 3. Establishes the applicable forfeiture deposit. o The ordinance amends Section 1 -14(c)(1) to add Section 90 -360 to the existing deposit schedule. o Violations would carry a $50.00 deposit, plus applicable penalty assessments and court costs , consistent with several other municipal ordinance violations. Purpose The proposed amendments provide an efficient and practical enforcement mechanism for trail and route regulations. By expressly authorizing designated City officials to issue municipal citations and by incorporating Section 90 -360 into the City’s deposit schedule, the ordinance promotes consistent enforcement, encourages compliance with trail regulations, and improves the City’s ability to address violations without requiring additional ordinance amendments in the future. Recommendation I recommend that the Licensing and Fees Committee approve Ordinance No. O26-xxxx and forward it to the Common Council with a recommendation for adoption. O26-4433 Citation Authority for Trails and Routes 1 ORDINANCE #O26-4433 AN ORDINANCE INTRODUCED BY THE LICENSES AND FEES COMMITTEE AMENDING THE CITY CODE, CHAPTER 1 – GENERAL PROVISIONS, SECTION 1- 14 – CITATIONS AND DEPOSIT FOR VIOLATION OF CERTAIN PROVISIONS, TO ASSIGN CITATION AUTHORITY FOR DESIGNATED TRAILS AND ROUTES The Common Council of the City of Superior, Wisconsin, does ordain as follows: SECTION 1. City Code, Chapter 1 – General Provisions, Section 1-14 – Citations and Deposit for Violation of Certain Provisions, Paragraph (b) – Listing of sections enforceable by citation, is hereby amended by adding the following: Code Section: 90-360 Title: Designated trails/routes Enforcement Official: Police chief Director of parks & recreation SECTION 2. City Code, Chapter 1 – General Provisions, Section 1-14 – Citations and Deposit for Violation of Certain Provisions, Paragraph (c) – Case deposit schedule, Subparagraph (1), is hereby amended to read as follows: (1) Sections 22-2, 22-5, 22-31, 22-35, 70-61, 90-360, $50.00 plus penalty assessments and costs; SECTION 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. SECTION 5. This ordinance shall take effect and be in force from and after its passage and publication, as provided by law. Passed and adopted this 4th day of August, 2026. Approved this 4th day of August, 2026. ________________________________________ Mayor Attest: ____________________________________ City Clerk MEMORANDUM DATE: July 22, 2026 TO: Mayor Paine and Members of the Common Council FROM: Heidi Blunt, City Clerk RE: Port Town Tavern – Outdoor Alcohol Consumption License (Conditional Approval Recommendation) The Licenses and Fees Committee reviewed the application submitted by Port Town Tavern, located at 1318 Tower Avenue, for a new Outdoor Alcohol Consumption (OAC) License. During the committee discussion, questions were raised regarding the portion of the proposed licensed area located along the north side of the building. The Planning and Development Director provided background information indicating that the sidewalk in that area was constructed pursuant to a recorded easement across City-owned property for purposes of ingress and egress, including access associated with the building and stairway. While the applicant constructed the sidewalk, the underlying property is owned by the City. Committee members discussed whether that side area qualified for inclusion within an OAC licensed premises under the City ordinance, which authorizes outdoor alcohol sales, service, and consumption on property owned or leased by the licensee. The committee also expressed concern that the side area functions as an access and emergency egress route for the building and that placement of tables or patrons in that area could create safety concerns. The committee further noted that the applicant has a separate rear area located on the applicant’s property that is suitable for outdoor alcohol service and consumption. The discussion reflected a desire to allow the business to utilize an outdoor patio space while avoiding the unresolved ownership, liability, and access issues associated with the side easement area. Following discussion, the Licenses and Fees Committee voted to recommend approval of the Outdoor Alcohol Consumption License with the condition that the licensed outdoor premises be limited to the rear patio area identified on the submitted site plan as measuring approximately 18 feet by 10 feet 1 inch. The Common Council is asked to consider the committee’s recommendation for conditional approval of the Outdoor Alcohol Consumption License for Port Town Tavern, with the licensed premises limited to the rear patio area described above. Heidi Blunt, City Clerk Dawn Bacon, Deputy City Clerk Lori Lang, City Clerk Assistant Phone: (715) 395-7200 Fax: (715) 395-7264 E-mail: cityclerk@superiorwi.gov 1316 North 14th Street, #200 Superior, WI 54880 Website: www.SuperiorWI.gov Urban Forestry Tree Board – 7/23/2026 Meeting * Attended the meeting virtually Page 1 of 4 URBAN FORESTRY TREE BOARD MINUTES July 23, 2026 Regular Meeting The meeting was called to order by Chair Ludwig at 4:31 p.m. on July 23, 2026, in Government Center Room 204 & virtually via Microsoft Teams. 1. ROLL CALL Members Present: Ruth Ludwig, Christine Olson, Nick Nelson, Robert-Jan Quené*, Vern Northrup* City Staff Present: Bridgit Maruska, Kara Czapinski Others Present: Shelley Nelson, Duluth Monitor* 2. APPROVAL OF MINUTES 2.1. Urban Forestry Tree Board (Meeting held April 16, 2026) MOTION by Nelson, second by Olson and carried to approve the minutes from April 16, 2026. 3. OLD BUSINESS 3.1 Update on RFP for Invasive Species Management Plan for SMF. Director Maruska indicated that progress on the Invasive Species Management Plan RFP has been minimal; however, funding from 2026 will transfer into future budget and Maruska will update any progress made in the next meeting. 3.2 Update from Superior Trails/COGGS. Director Maruska indicated that COGGS is preparing for the project, with a revised Memorandum of Understanding (MOU) being prepared to delineate responsibilities, particularly in fundraising and project management. This document will undergo review by the city and the Parks and Recreation Commission before being submitted to the Council in September. While the conceptual design for the trail has been finalized, the project encounters substantial funding obstacles. Maruska mentioned the potential for grant writing support, noting that most grants will likely need to be processed through the city, highlighting the collaborative effort between COGGS and the city. The trail alignment remains in a conceptual phase, with the definitive route to be established on-site by professional trail builders, who will consider factors such as watershed permits, private property, and the preservation of mature trees, which the city is unlikely to authorize for removal. The board emphasized the necessity for the Urban Forestry Tree Board to assess the final trail alignment, particularly concerning mature trees and the management of invasive species. Urban Forestry Tree Board – 7/23/2026 Meeting * Attended the meeting virtually Page 2 of 4 3.3 Update on Rights of Nature Wisconsin Initiative. Christine Olson inquired whether the members had examined the Rights of Nature Wisconsin materials and website, underscoring their significance to the local environment and advocating for ongoing education and dialogue regarding potential board support. She mentioned a complimentary five-week online course provided by the organization, noting its accessibility and the chance for both board members and the community to engage in continuous educational meetings and discussions. The board concurred to further investigate the initiative, with Olson proposing to distribute links and meeting details, ensuring that the focus remains educational and non-decisional. 4. NEW BUSINESS 4.1 Board Structure Discussion. Director Maruska clarified that current board members will serve until their terms conclude or until new appointments are made, noting that all existing members are interested in renewal, with the mayor and council participating in the appointment process. The board members highlighted the advantages of broadening the board to incorporate individuals with varied expertise, such as professionals in air and water quality, as well as representatives from organizations like the St. Louis River Alliance. There was a shared agreement on the necessity of maintaining a council representative on the board, and Maruska committed to drafting an ordinance to increase the board size from six to seven or eight members, with a final decision anticipated at the next meeting. Nick Olson announced his impending move and resignation, which led to discussions regarding succession planning, potential role transitions, and the procedures for addressing vacancies or expanding the board. 4.2 Election of Officers. 4.1.1 Election of Chair MOTION by Nelson, second by and Olson carried to nominate Ruth Ludwig as Chair. 4.1.2 Election of Vice-Chair MOTION by Quené, second by Northrup and carried to nominate Richard Kaufman as Vice-Chair. 4.3 Update on Arbor Day Celebration/Heritage Tree Program. Robert-Jan Quené reported that the Arbor Day celebration was a success, attracting a large audience and receiving positive feedback, aided by favorable weather, music, and food. Director Maruska highlighted that efforts are underway to promote applications for the Heritage Tree program, with nominations due by year-end; the board will review and select winners during the January meeting, with the results to be announced at the next Arbor Day event. Additionally, Maruska inquired about potential locations for displaying framed photographs of Heritage Trees, proposing the Government Center or Urban Forestry Tree Board – 7/23/2026 Meeting * Attended the meeting virtually Page 3 of 4 atrium as possible sites, and committed to exploring these options further to present to the board for a future decision. 4.4 Princess Theater Tree Planting. Director Maruska indicated that the project is currently on hold due to insufficient funding and a lack of responses to the RFP for pavers, with plans to resume in 2027 when circumstances improve. Additionally, Maruska encouraged board members to propose shade-tolerant plants that would be appropriate for the urban plaza, and noted that Ryan's horticulture team will create a planting plan informed by these suggestions. 5. RECURRING BUSINESS 5.1 Director’s Update 5.1.1 A dedicated Facebook page for Parks, Recreation, and Forestry is being established, with an invitation for board members to contribute content ideas aimed at improving community engagement. 5.1.2 A request has been made for the addition of a full-time staff member to the parks maintenance team, highlighting the necessity for proactive tree maintenance and the challenges posed by current understaffing.. 5.1.3 The completion of a Wisconsin DNR-sponsored urban forestry management course has been achieved, and it is recommended that Superintendent Wintlend and other board members contemplate participating in future sessions. Relevant information regarding these opportunities will be disseminated as they become available. 5.2 Superintendent’s Update 5.2.1 The current initiatives include plans for tree planting in the fall, an examination of tree mortality along 28th Street, which may be attributed to salt spray, and a rise in aphid populations. Recommendations will focus on appropriate species selection to enhance resilience against environmental stressors and effective pest management strategies to mitigate the impact of aphids. 5.3 Future Agenda Items 5.3.1 Update on RFP for Invasive Species Management Plan in the SMF 5.3.2 Update from Superior Trails/COGGS 5.3.3 Update on the Rights of Nature Wisconsin Initiative 5.3.4 Recommendation of Board Structure 5.3.5 Princess Theater Tree Planting 5.4 Confirm the next meeting date as Thursday, October 15, 2026, at 4:30 p.m. in Room 204 of the Government Center. Urban Forestry Tree Board – 7/23/2026 Meeting * Attended the meeting virtually Page 4 of 4 6. ADJOURNMENT Councilor Ludwig announced the meeting adjourned at 5:34 p.m. Respectfully submitted by Kara Czapinski COMMUNITY DEVELOPMENT BLOCK GRANT ADVISORY BOARD -7/23/26 Meeting Page 1 of 1 Community Development Block Grant Advisory Board Minutes July 23, 2026 Meeting The meeting was called to order by Community Development Manager Krista Anderson at 1:04 p.m on July 23, 2026, in Government Center Room 204. 1 ROLL CALL PRESENT: John McCormick, Sunshine Lemieux, Mike Herrick, Martina Tendrup, Nick Nelson CITY STAFF PRESENT: Krista Anderson OTHERS PRESENT: Millie Rounsville, Kelly Burger, Porter Arch, Krystal Brandstatter, Laura Borud, Mike Lattery 2 APPROVAL OF MINUTES 2.1 CDBG Advisory Board Minutes (Meeting held July 31, 2025) MOTION to approve CDBG Advisory Board minutes from July 31, 2025 meeting by Herrick, seconded by Lemieux, carried. 3 NEW BUSINESS 3.1 CDBG Public Service Applicant Interviews a. Northwest Wisconsin Community Services Agency – Homeless Services b. Northwest Wisconsin Community Services Agency – Supportive Services c. Harbor House Crisis Shelter d. Center Against Sexual and Domestic Abuse e. Just Kids Dental 4 MOTION by Tendrup to adjourn the meeting. The meeting adjourned at 2:25 p.m. Respectfully submitted by Krista Anderson. COMMUNITY DEVELOPMENT BLOCK GRANT ADVISORY BOARD -7/30/26 Meeting Page 1 of 2 Community Development Block Grant Advisory Board Minutes July 30, 2026 Meeting The meeting was called to order by Community Development Manager Krista Anderson at 2:04 p.m on July 30, 2026, in Government Center Room 204. 1 ROLL CALL PRESENT: John McCormick, Sunshine Lemieux, Martina Tendrup, Nick Nelson ABSENT: Mike Herrick CITY STAFF PRESENT: Krista Anderson OTHERS PRESENT: 2 APPROVAL OF MINUTES 2.1 CDBG Advisory Board Minutes (Meeting held July 23, 2026) MOTION by Tendrup, seconded by McCormick, and carried, to approve the minutes from the July 23, 2026, CDBG Advisory Board Meeting. 3 NEW BUSINESS 3.1 CDBG Public Service Allocations MOTION by McCormick, seconded by Nelson, and carried to go into closed session. MOTION by Tendrup, seconded by Lemieux, and carried, to reconvene in open session. MOTION by McCormick, seconded by Tendrup, and carried, to approve the 2027 CDBG public service allocations as read aloud and attached. 3.2 Approve holding the closed session directly after the interview session beginning in 2027. MOTION by Tendrup, seconded by Lemieux, and carried, to approve holding the closed session meeting directly after the interview session beginning in 2027. MOTION by Nelson to adjourn the meeting. The meeting adjourned at 2:16 p.m. Respectfully submitted by Krista Anderson, Community Development Manager COMMUNITY DEVELOPMENT BLOCK GRANT ADVISORY BOARD -7/30/26 Meeting Page 2 of 2 CDBG PUBLIC SERVICE RECOMMENDATIONS ORGANIZATION 2027 ADVISORY REQUEST BOARD Just Kids Dental $12,000 $10,000 Center Against Sexual & Domestic Abuse, Inc. (CASDA) $25,072 $20,000 Harbor House Crisis Shelter $25,000 $20,000 Northwest Wisconsin Community Services Agency, Inc. – Homeless Services $30,000 $20,000 Northwest Wisconsin Community Services Agency, Inc - Supportive Housing $30,000 $20,000 TOTAL $122,072 $90,000 Mojo Massage & Wellness 1423 N 8th Street Pending Fire & PD approval 10.1 City Clerk's Office - Miscellaneous License Applications 08/04/2026 2026-2027 Massage Therapy Business Alderperson ___________________ introduced the following resolution and moved its adoption: RESOLUTION NO. R26-13884 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SUPERIOR, WISCONSIN APPROVING THE FORM S OF ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENTS (CHS INC. PROJECTS) WHEREAS, the City of Superior, Wisconsin (the “City”) has entered into the following lease agreements with CHS Inc. (“CHS”) in connection with Harbor Assistance Program Grants: (1) Lease Agreement dated May 8, 2008 between the City and CHS (the “2008 Lease”) for the property described as: That part of Blocks 73, 96, 101, 123 and 130 of West Superior First Division and part of Lot 12, Block 1, West Superior Eighth Division in part of the Government Lot 2, Section 10, Township 49 North, Range 14 West, City of Superior, Douglas County, Wisconsin, described as follows: Commencing at the South Quarter Corner of said Section 10; thence South 88 degrees 53 minutes 35 seconds East, along the south line of said Southeast Quarter of Section 10, a distance of 869.44 feet to the southwesterly projection of the westerly line of said Blocks 123 and 130; thence North 22 degrees 11 minutes 06 seconds East, along said line, a distance of 1183.77 feet to the Point of Beginning; thence South 68 degrees 15 minutes 37 seconds East a distance of 21.53 feet; thence North 21 degrees 44 minutes 23 seconds East a distance of 34.94 feet; thence North 68 degrees 15 minutes 37 seconds West a distance of 12.44 feet; thence North 22 degrees 08 minutes 43 seconds East a distance of 177.89 feet; thence North 28 degrees 54 minutes 40 seconds East a distance of 12.00 feet; thence North 22 degrees 07 minutes 25 seconds East a distance of 340.21 feet; thence North 18 degrees 34 minutes 16 seconds East a distance of 647.96 feet; thence North 5 degrees 46 minutes 57 seconds East a distance of 575.77 feet to the intersection of the north dock line of CHS Inc. and the water’s edge of St. Louis Bay; thence North 82 degrees 49 minutes 50 seconds West, along said dock line and water’ s edge, a distance of 15.94 feet to the intersection of the west dock line of CHS Inc. and the water’s edge of St. Louis Bay; thence South 5 degrees 54 minutes 31 seconds West, along said dock line and water’s edge, a distance of 597.04 feet; thence South 18 degrees 31 minutes 44 seconds West, along said dock line and water’s edge, a distance of 652.38 feet to the intersection of the westerly line of said Blocks 123 and 130; thence South 22 degrees 10 minutes 10 seconds West, along said line, a distance of 535.73 feet to the Point of Beginning. (the “2008 Leased Property”); and (2) Primary Lease dated April 5, 2018 entered into by CHS, as lessor, and City, as lessee (the “2018 Primary Lease”); 2 (3) Lease Agreement dated April 5, 2018 between the City and CHS (the “2018 Lease Agreement” and together with the 2018 Primary Lease, the “2018 Leases”) for the property described as: Lot 1 of Certified Survey Map 1339, located in part of Lots 1-13, Block 2 of West Superior Eighth Division in part of Government Lot 2 in Section 10, Township 49 North, Range 14 West, City of Superior, Douglas County, Wisconsin, such Certified Survey Map 1339, filed for record in the office of the Douglas County Register of Deeds on March 23, 2018, in Volume 10 of Certified Survey Maps, pages 112-113. (the “2018 Leased Property” and together with the 2008 Leased Property, the “Leased Properties”); and WHEREAS, both the 20 08 Leased Property and the 201 8 Leased Property are located at or around 41 Dock Street in the City; and WHEREAS, CHS pr oposes to sell its interest in the Leased Properties and assign its interest in the 2008 Lease and the 2018 Leases to Pelagic Unlimited LLC (the “LLC”) and CHS and the LLC have requested that the City consent to the assignment of such leases to the LLC and the assumption of obligations under such leases by the LLC; and WHEREAS, the forms of Lease Agreement Assignments and Assum ption Agreements between CHS and the LLC relative to the assignment and assumption of the Lease Agreements have been submitted to t he Common Council and is now on file in th e office of the City Clerk (collectively, the “Assignment Agreements”). NOW, THEREFORE, BE IT RESOLVED by the Common Council: 1. That the forms of the consent to the Assignment Agreements, as presented to the Council, are approved. 2. The Mayor, or the authorized designee, and the City Clerk of the City are authorized and directed in the name and on behalf of the City to execute the consents to the Assignment Agreements, with such changes as do not materiall y change the substance thereof as the Mayor, or the authorized designee, and the City Clerk shall deem necessary and appropriate. 3 Adopted: August 4, 2026. __________________________________ Mayor ATTEST: __________________________________ City Clerk The motion of the adoption of the foregoing Resolution was duly seconded by Alderperson ___________________________ and, upon vote being taken, the following voted in favor thereof: the following voted against the same: the following were absent: whereupon, said Resolution was declared duly passed and adopted, and approved and signed by the Mayor and attested by the City Clerk. 08493\000309\1EY8312.DOC LEASE ASSIGNMENT AND ASSUMPTION AGREEMENT RETURN TO: Mia E. Thibodeau Fryberger, Buchanan, Smith & Frederick, P.A. 302 West Superior Street, Suite 700 Duluth, MN 55802 (218) 725-6873 04-804-00744-00 and 04-804-00955-00 Parcel Identification Number (PIN) THIS Lease Assignment and Assumption Agreement (this “Assignment and Assumption”) is made and is in effect as of the _____ day of ______________, 2026 (the “Effective Date”), by and betwee n CHS INC., a Wisconsin corp oration (the “Assignor”) and PELAGIC UNLIMITED LLC, a Wisconsin limited liability company (the “Assignee”). RECITALS WHEREAS, the Assignor owns an elevator and dock facility in the City of Superior, Wisconsin (the “Facility”); and WHEREAS, in 2008, a portion of the dock wall of the F acility was in need of rehabilitation and reconstruction for the purpose of increasing the transportation efficiency of the Port of Superior; and WHEREAS, at the request of the Assignor, th e City of Superior, Wisconsin (the “City”) applied to and received from the Wisconsin De partment of Transporta tion (the “WisDOT”) a Harbor Assistance Program Grant for a portion of the funding for the Project (as defined in the Lease, as hereinafter defined); and WHEREAS, the City received approval of a Harbor Assistance Program Grant (the “State Grant”) subject to the requirements set forth in the Grant Agreement dated May 2008 between the City and WisDOT for the Project, as amended by Amendment No. 1 dated March 23, 2009, as the same may be from time to time amended (the “Grant Agreement”); WHEREAS, the City and the Assignor entere d into a Development Agreement dated as of May 8, 2008 (the “Developmen t Agreement”), pursuant to wh ich certain improvements (the “Dock Wall Improvements”) were made to such dock; and 2 WHEREAS, the Assignor and the City ente red into a Lease Agreement, dated May 8, 2008 (the “Lease”) for a portion of the Facility, such portion is legally described on Attachment A-1 hereto and depicted on Attachment A-2 hereto (the “Dock Wall Property”) which was conveyed to the City; and WHEREAS, the Assignor, pursuant to the Lease, has leased from the City the Dock Wall Property, as improved by the Dock Wall Improvements, pursuant to the Lease; and WHEREAS, the Assignor and the Assignee have entered into a Purchase Agreement dated as of _____________, 2026 (the “Agreement”), pur suant to which the Assignor will sell and the Assignee will purchase certain real and personal property of the Assignor, including the Facility and the Dock Wall Property as improved by the Dock Wall Improvements; and WHEREAS, the Assignee intends to obtain a lo an to finance a portion of the costs of acquiring the Facility and requests that the City consent to the Assignee granting a mortgage on the Facility, including its leasehold interest in the Dock Wall Property, as improved by the Dock Wall Improvements; and WHEREAS, it is the intenti on of the Assignor and the Assignee that by the execution and delivery of this Assignment and Assumption, subject to consent and approval of the City, that the Assignor will assign to the Assignee and the A ssignee will assume and will pay, perform and discharge as and when due, the requirements of the Assignor under the Lease; and WHEREAS, after execution and delivery of the Assignment and Assumption and consent and approval of the City has b een obtained, the Assignor shall be released from any liability under the Lease. NOW, THEREFORE, in consideration of th e foregoing premises and for other good and valuable consideration, the r eceipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Assignor hereby assigns to the Assi gnee all of the Assignor’s right, title and interest in, to and under the Lease and the As signee hereby assumes a nd agrees to pay and perform all of the Assignor’s obligations under the Lease in accordance with its terms, including, but not limited to, the Assignor’s obligations, as sumed by the Assignor in the Grant Agreement, and such that from and after the Effective Date, a ll of the terms and provisions of the Lease shall apply to the Assignee as if th e Assignee was an original part y under the Lease and the Assignor is released from any liability under the Lease. 2. This Assignment and Assumption a nd all the provisions hereby be binding upon the Assignor and its successors and shall inure to the benefit of the A ssignee and its successors and permitted assigns. 3. The validity, interpretation and effect of this Assignment and Assumption shall be governed by, construed under and interpreted in accordance with the laws of the State of Wisconsin, without giving effect to the principles of conflicts of law thereof. 3 4. This Assignment and Assumption maybe executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Assignor and A ssignee have caused this Assignment and Assumption to be executed in its corporate name by its duly authorized officers; and the Assignor has caused this Lease to be executed in its name by its duly authorized officer, as of the date first above written. C H S I N C . By ____________________________________ I t s P r e s i d e n t STATE OF ______________ ) ) s s . COUNTY OF ____________ ) On the ____ day of _________________, 2026, before me, a notary public, personally appeared ________________________, the _ __________________, of CHS INC., who acknowledged that he executed the foregoing instrument on behalf of the company. Notary Public 4 PELAGIC UNLIMITED LLC By ____________________________________ Its ___________________________________ STATE OF ____________ ) ) s s . COUNTY OF __________ ) On the ____ day of ______________, 2026, before me, a notary public, personally appeared __________________, the ___________________, of Pelagic Unlimited LLC, a Wisconsin limited liabili ty company, who acknowledged that he executed the foregoing instrument on behalf of the company. Notary Public CONSENT AND APPROVAL The City of Superior, Wisconsin, here by joins in the foregoing Assignment and Assumption for the sole purpose of evidencing of r ecord in the real esta te records of Douglas County, Wisconsin, that it has c onsented to and approved (a) the assignment of the Lease from CHS Inc. to Pelagic Unlimited LLC (the “Compa ny”); (b) the assignment to and the assumption by the Company, of the Lease and the rights, bene fits, and obligations thereunder as provided by the terms of the Assignment and Assumption; (c) the Company gran ting a mortgage on the Company’s leasehold interests in the Dock Wall Property, as improved by the Dock Wall Improvements, to secure a loan in the amount of $____________ from _______________, the proceeds of which were used to acquire the Fac ility; and (d) the release of CHS Inc. from any liability under the Lease. IN WITNESS WHEREOF, the City of Superi or, Wisconsin duly exec uted this Consent and Approval on the ___ day of _________________, 2026. CITY OF SUPERIOR, WISCONSIN By ______________________________________ I t s M a y o r By ______________________________________ I t s C i t y C l e r k STATE OF WISCONSIN ) ) s s . COUNTY OF DOUGLAS ) On the ____ day of ________________, 2026, before me, a notary public, personally appeared Jim Paine and Heidi Blunt, the Mayor and City Clerk, respectiv ely, of the CITY OF SUPERIOR, WISCONSIN, who acknowledged that th ey executed the fo regoing instrument on behalf of the City. ________________________________________ N o t a r y P u b l i c This document was drafted by: Fryberger, Buchanan, Smith & Frederick, P.A. 302 West Superior Street, Suite 700 Duluth, MN 55802 MET/lab 08493\000309\1EW9788.DOCX ATTACHMENT A-1 LEGAL DESCRIPTION OF THE DOCK WALL PROPERTY That part of Blocks 73, 96, 101, 123 and 130 of West Superior First Division and part of Lot 12, Block 1, West Superior Eighth Di vision in part of the Governme nt Lot 2, Section 10, Township 49 North, Range 14 West, City of Superior, Douglas County, Wisconsin, described as follows: Commencing at the South Quarter Corner of said Section 10; thence South 88 degrees 53 minutes 35 seconds East, along the south line of said Southeast Quarter of Section 10, a distance of 869.44 feet to the southwesterly projection of the westerly line of said Blocks 123 and 130; thence North 22 degrees 11 minutes 06 seconds Ea st, along said line, a distance of 1183.77 feet to the Point of Beginning; thence South 68 de grees 15 minutes 37 seconds East a distance of 21.53 feet; thence North 21 degrees 44 minutes 23 s econds East a distance of 34.94 feet; thence North 68 degrees 15 minutes 37 seconds West a di stance of 12.44 feet; thence North 22 degrees 08 minutes 43 seconds East a distance of 177.89 f eet; thence North 28 degrees 54 minutes 40 seconds East a distance of 12.00 feet; thence North 22 degrees 07 minutes 25 seconds East a distance of 340.21 feet; thence North 18 degrees 34 minutes 16 seconds East a distance of 647.96 feet; thence North 5 degrees 46 minutes 57 s econds East a distance of 575.77 feet to the intersection of the north dock line of CHS Inc. and the water’s edge of St. Louis Bay; thence North 82 degrees 49 minutes 50 se conds West, along said dock line and water’s edge, a distance of 15.94 feet to the intersection of the west dock line of CHS Inc. and the water’ s edge of St. Louis Bay; thence South 5 degrees 54 minutes 31 seconds West, along said dock line and water’s edge, a distance of 597.04 feet; thence South 18 degrees 31 minutes 44 seconds West, along said dock line and water’s edge, a distan ce of 652.38 feet to the intersect ion of the westerly line of said Blocks 123 and 130; thence South 22 degrees 10 minutes 10 seconds West, along said line, a distance of 535.73 feet to the Point of Beginning. ATTACHMENT A-2 DEPICTION OF DOCK WALL PROPERTY LEASE ASSIGNMENT AND ASSUMPTION AGREEMENT RETURN TO: Mia E. Thibodeau Fryberger, Buchanan, Smith & Frederick, P.A. 302 West Superior Street, Suite 700 Duluth, MN 55802 (218) 725-6873 04-804-00956-00 Parcel Identification Number (PIN) THIS Lease Assignment and Assumption Agreement (this “Assignment and Assumption”) is made and is in effect as of the _____ day of ______________, 2026 (the “Effective Date”), by and betwee n CHS INC., a Wisconsin corp oration (the “Assignor”) and PELAGIC UNLIMITED LLC, a Wisconsin limited liability company (the “Assignee”). RECITALS WHEREAS, the Assignor owns an elevator and do ck facility located at 41 Dock Street in the City of Superior, Wisconsin (the “Facility”); and WHEREAS, in 2018, a portion of the dock wall of the F acility was in need of rehabilitation and reconstruction for the purpose of increasing the transportation efficiency of the Port of Superior; and WHEREAS, at the request of the Assignor, th e City of Superior, Wisconsin (the “City”) applied to and received from the Wisconsin De partment of Transporta tion (the “WisDOT”) a Harbor Assistance Program Grant for a portion of the funding for the Project (as defined in the Lease, as hereinafter defined); and WHEREAS, the City received approval of a Harbor Assistance Program Grant (the “State Grant”) subject to the requirements se t forth in the Grant Ag reement dated April 6, 2018 between the City and WisDOT for the Project, as amended by Amendment No. 1 dated August 6, 2018, and as the same may be from time to time amended (the “Grant Agreement”); and WHEREAS, the City and the Assignor entere d into a Development Agreement dated as of April 5, 2018 (the “Development Agreement”), pursuant to which certain improvements (the “Dock Wall Improvements”) were made to such dock; and 2 WHEREAS, the Assignor leased a portion of the Facility to the City pursuant to that Primary Lease dated April 5, 2018, such portion is legally described on Attachment A-1 hereto and depicted on Attachment A-2 hereto (the “Dock Wall Property”); WHEREAS, the Assignor and the City then en tered into a Lease Agreement, dated April 5, 2018 (the “Lease”) pursuant to which the A ssignor leased from the City the Dock Wall Property, as improved by the Dock Wall Improvements; and WHEREAS, the Assignor and the Assignee have entered into a Purchase Agreement dated as of _____________, 2026 (the “Agreement”), pur suant to which the Assignor will sell and the Assignee will purchase certain real and personal property of the Assignor, including the Facility and the Dock Wall Property as improved by the Dock Wall Improvements; and WHEREAS, the Assignee intends to obtain a lo an to finance a portion of the costs of acquiring the Facility and requests that the City consent to the Assignee granting a mortgage on the Facility, including its leasehold interest in the Dock Wall Property, as improved by the Dock Wall Improvements; and WHEREAS, it is the intenti on of the Assignor and the Assignee that by the execution and delivery of this Assignment and Assumption, subject to consent and approval of the City, that the Assignor will assign to the Assignee and the A ssignee will assume and will pay, perform and discharge as and when due, the requirements of the Assignor under the Lease; and WHEREAS, after execution and delivery of the Assignment and Assumption and consent and approval of the City has b een obtained, the Assignor shall be released from any liability under the Lease. NOW, THEREFORE, in consideration of th e foregoing premises and for other good and valuable consideration, the r eceipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Assignor hereby assigns to the Assi gnee all of the Assignor’s right, title and interest in, to and under the Lease and the As signee hereby assumes a nd agrees to pay and perform all of the Assignor’s obligations under the Lease in accordance with its terms, including, but not limited to, the Assignor’s obligations, as sumed by the Assignor in the Grant Agreement, and such that from and after the Effective Date, a ll of the terms and provisions of the Lease shall apply to the Assignee as if th e Assignee was an original part y under the Lease and the Assignor is released from any liability under the Lease. 2. This Assignment and Assumption a nd all the provisions hereby be binding upon the Assignor and its successors and shall inure to the benefit of the A ssignee and its successors and permitted assigns. 3. The validity, interpretation and effect of this Assignment and Assumption shall be governed by, construed under and interpreted in accordance with the laws of the State of Wisconsin, without giving effect to the principles of conflicts of law thereof. 3 4. This Assignment and Assumption maybe executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Assignor and A ssignee have caused this Assignment and Assumption to be executed in its corporate name by its duly authorized officers; and the Assignor has caused this Lease to be executed in its name by its duly authorized officer, as of the date first above written. C H S I N C . By ____________________________________ I t s P r e s i d e n t STATE OF ____________ ) ) s s . COUNTY OF __________ ) On the ____ day of ____________, 2026, before me, a notary public, personally appeared ________________________, the _ __________________, of CHS INC., who acknowledged that he executed the foregoing instrument on behalf of the company. Notary Public 4 PELAGIC UNLIMITED LLC By ____________________________________ Its ___________________________________ STATE OF ____________ ) ) s s . COUNTY OF __________ ) On the ____ day of ______________, 2026, before me, a notary public, personally appeared __________________, the ___________________, of Pelagic Unlimited LLC, a Wisconsin limited liabili ty company, who acknowledged that he executed the foregoing instrument on behalf of the company. Notary Public CONSENT AND APPROVAL The City of Superior, Wisconsin, here by joins in the foregoing Assignment and Assumption for the sole purpose of evidencing of r ecord in the real esta te records of Douglas County, Wisconsin, that it has c onsented to and approved (a) the assignment of the Lease from CHS Inc. to Pelagic Unlimited LLC (the “Compa ny”); (b) the assignment to and the assumption by the Company, of the Lease and the rights, bene fits, and obligations thereunder as provided by the terms of the Assignment and Assumption; (c) the Company gran ting a mortgage on the Company’s leasehold interests in the Dock Wall Property, as improved by the Dock Wall Improvements, to secure a loan in the amount of $____________ from _______________, the proceeds of which were used to acquire the Fac ility; and (d) the release of CHS Inc. from any liability under the Lease. IN WITNESS WHEREOF, the City of Supe rior, Wisconsin duly ex ecuted this Consent and Approval on the ___ day of _________________, 2026. CITY OF SUPERIOR, WISCONSIN By ______________________________________ I t s M a y o r By ______________________________________ I t s C i t y C l e r k STATE OF WISCONSIN ) ) s s . COUNTY OF DOUGLAS ) On the ____ day of ________________, 2026, before me, a notary public, personally appeared Jim Paine and Heidi Blunt, the Mayor and City Clerk, respectiv ely, of the CITY OF SUPERIOR, WISCONSIN, who acknowledged that th ey executed the fo regoing instrument on behalf of the City. ________________________________________ N o t a r y P u b l i c This document was drafted by: Fryberger, Buchanan, Smith & Frederick, P.A. 302 West Superior Street, Suite 700 Duluth, MN 55802 MET/lab 08493\000309\1EW9910.DOCX ATTACHMENT A-1 LEGAL DESCRIPTION OF THE DOCK WALL PROPERTY Lot 1 of Certified Survey Map 1339, located in part of Lots 1-13, Block 2 of West Superior Eighth Division in part of Government Lot 2 in Section 10, Township 49 North, Range 14 West, City of Superior, Douglas Count y, Wisconsin, such Certified Su rvey Map 1339, filed for record in the office of the Douglas County Register of Deeds on March 23, 2018, in Volume 10 of Certified Survey Maps, pages 112-113. ATTACHMENT A-2 DEPICTION OF DOCK WALL PROPERTY Alderperson ___________________ introduced the following resolution and moved its adoption: RESOLUTION NO. R26-13885 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SUPERIOR, WISCONSIN APPROVING THE FORM S OF ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENTS (CHS INC. PROJECTS) WHEREAS, the City of Superior, Wisconsin (the “City”) has entered into two development agreements with CHS Inc. (“CHS”) in connection with Harbor Assistance Program Grants; such development agreements are as follows: (i) Development Agreement dated May 8, 200 8 between the City and CHS (the “2008 Development Agreement”) for the property described as: That part of Blocks 73, 96, 101, 123 and 130 of West Superior First Division and part of Lot 12, Block 1, West Superior Eighth Division in part of the Government Lot 2, Section 10, Township 49 North, Range 14 West, City of Superior, Douglas County, Wisconsin, described as follows: Commencing at the South Quarter Corner of said Section 10; thence South 88 degrees 53 minutes 35 seconds E ast, along the south line of said Southeast Quarter of Section 10, a distance of 869.44 feet to the southwesterly projection of the westerly line of said Blocks 123 and 130; thence North 22 degrees 11 minutes 06 seconds East, along said line, a distance of 1183.77 feet to the Point of Beginning; thence South 68 degrees 15 minutes 37 seconds East a distance of 21.53 feet; thence North 21 degrees 44 minutes 23 seconds East a distance of 34.94 feet; thence North 68 degrees 15 minutes 37 seconds West a distance of 12.44 feet; thence North 22 degrees 08 minutes 43 seconds East a distance of 177.89 feet; thence North 28 degrees 54 minutes 40 seconds East a distance of 12.00 feet; thence North 22 degrees 07 minutes 25 seconds East a distance of 340.21 feet; thence North 18 degrees 34 minutes 16 seconds East a distance of 647.96 feet; thence North 5 degrees 46 minutes 57 seconds East a distance of 575.77 feet to the intersection of the north dock line of CHS Inc. and the water’s edge of St. Louis Bay; thence North 82 degrees 49 minutes 50 seconds West, along said dock line and water’s edge, a distance of 15.94 feet to the intersection of the west dock line of CHS Inc. and the water’s edge of St. Louis Bay; thence South 5 degrees 54 minutes 31 seconds West, along said dock line and water’s edge, a distance of 597.04 feet; thence South 18 degrees 31 minutes 44 seconds West, along said dock line and water’s edge, a distance of 652.38 feet to the intersection of the westerly line of said Blocks 123 and 130; thence South 22 degrees 10 minutes 10 seconds West, along said line, a distance of 535.73 feet to the Point of Beginning. (the “2008 Leased Property”); and (ii) Development Agreement dated April 5, 201 8 between the City and CHS (the “2018 Development Agreement”) for the property described as: Lot 1 of Certified Survey Map 1339, located in part of Lots 1-13, Block 2 of West Superior Eighth Division in part of Government Lot 2 in Section 10, Township 49 North, Range 14 West, City of Superior, Douglas County, Wisconsin, such Certified Survey Map 1339, filed for record in the office of the Douglas County Register of Deeds on March 23, 2018, in Volume 10 of Certified Survey Maps, pages 112-113. (the “201 8 Leased Property” and together with the 2008 Leased Property, the “Leased Properties”); and WHEREAS, both the 2008 Leased Property and the 2018 Leased Property are located at or around 41 Dock Street in the City; and WHEREAS, CHS proposes to sell its interest in the Leased Properties and assign its interest in the 200 8 Development Agreement and the 20 18 Development Agreement to Pelagic Unlimited LLC (the “LLC”) and CHS, and the LLC has requested that the City consent to the assignment of such development agreements to the LLC and the assumption of such development agreements by the LLC and to release CHS from any liability under such development agreements, including the indemnification requirements set forth in Section 8 of the Development Agreement; and WHEREAS, the forms of Development Agreement Assignment and Assumption Agreement between CHS and the LLC relative to the assignment and assumption of the Development Agreements have been submitted to the Common Council and is now on file in th e office of the City Clerk (collectively, the “Assignment Agreements”). NOW, THEREFORE, BE IT RESOLVED by the Common Council: 1. That the forms of the consent to the Assignment Agreements, as presented to the Council, are approved. 2. The Mayor, or the authorized designee, and the City Clerk of the City are authorized and directed in the name and on behalf of the City to execute the consents to the Assignment Agreements, with such changes as do not materially change the substance thereof as the Mayor, or the authorized designee, and the City Clerk shall deem necessary and appropriate. Adopted: August 4, 2026. __________________________________ Mayor ATTEST: __________________________________ City Clerk The motion of the adoption of the foregoing Resolution was duly seconded by Alderperson ___________________________ and, upon vote being taken, the following voted in favor thereof: the following voted against the same: the following were absent: whereupon, said Resolution was declared duly passed and adopted, and approved and signed by the Mayor and attested by the City Clerk. 08493\000309\1EZ0954.DOC DEVELOPMENT AGREEMENT ASSIGNMENT AND ASSUMPTION AGREEMENT RETURN TO: Mia Thibodeau Fryberger, Buchanan, Smith & Frederick, P.A. 302 West Superior Street, Suite 700 Duluth, MN 55802 (218) 725-6873 04-804-00956-00 Parcel Identification Number (PIN) THIS Development Agreement Assignm ent and Assumption Agreement (this “Assignment and Assumption”) is made and is in effect as of the _____ day of August, 2026 (the “Effective Date”), by and betwee n CHS INC., a Minnesota corp oration (the “Assignor”) and PELAGIC UNLIMITED LLC, a Wisconsin limited liability company (the “Assignee”). RECITALS WHEREAS, the Assignor owns an elevator dock facility in the City of Superior, Wisconsin (the “Facility”); and WHEREAS, in 2008, a portion of the dock wa ll of the Facility were in need of rehabilitation and reconstruction for the purpose of increasing the transportation efficiency of the Port of Superior; and WHEREAS, at the request of the Assignor, th e City of Superior, Wisconsin (the “City”) applied to and received from the Wisconsin De partment of Transporta tion (the “WisDOT”) a Harbor Assistance Program Grant for a portion of the funding for the Project (as defined in the Development Agreement, as hereinafter defined); and WHEREAS, the City received approval of a Harbor Assistance Program Grant (the “State Grant”) subject to the requirements set forth in the Grant Agreement dated May 2008 between the City and WisDOT fo r the Project, as the same may be from time to time amended (the “Grant Agreement”); and WHEREAS, the City and the Assignor entere d into a Development Agreement dated as of May 8, 2008 (the “Developmen t Agreement”), pursuant to wh ich certain improvements (the “Dock Wall Improvements”) were made to such dock wall; and 2 WHEREAS, the Assignor and the City ente red into a Lease Agreement, dated May 8, 2008 (the “Lease”) for a portion of the Facility, such portion is legally described on Attachment A-1 hereto and depicted on Attachment A-2 hereto (the “Dock Wall Property”) which was leased to the City; and WHEREAS, the Assignor, pursuant to the Lease, has leased from the City the Dock Wall Property, as improved by the Dock Wall Improvements, pursuant to the Lease; and WHEREAS, the Assignor and the Assignee have entered into a Purchase Agreement dated as of ____________, 2026 (the “Agreement”), pursuant to which the Assignor will sell and the Assignee will purchase cert ain real and personal property of the Assignor, including the Facility and the Dock Wall Property as improved by the Dock Wall Improvements; and WHEREAS, it is the intenti on of the Assignor and the Assignee that by the execution and delivery of this Assignment and Assumption, subject to consent and approval of the City, that the Assignor will assign to the Assignee and the A ssignee will assume and will pay, perform and discharge as and when due, the indemnificati on requirements set forth in Section 8 of the Development Agreement which survive and exte nd beyond the termination of the Development Agreement; and WHEREAS, after execution and delivery of the Assignment and Assumption and consent and approval of the City has b een obtained, the Assignor shall be released from any liability under the Development Agreement, including the indemnificati on requirements set forth in Section 8 of the Development Agreement. NOW, THEREFORE, in consideration of th e foregoing premises and for other good and valuable consideration, the r eceipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Assignor hereby assigns to the A ssignee all of the A ssignor’s right, title, interest and obligations in, to and under the Development Agreement and the Assignee hereby assumes and agrees to pay and perform all of the Assignor’s obligations under the Development Agreement in accordance with its terms, including, but not limited to, the Assignor’s obligations, under Section 8 of the Development Agreement, and such that from and after the Effective Date, all of the terms and provisions of the Development Agreement sha ll apply to the Assignee as if the Assignee was an original party under the Development Agreement and the Assignor is released from any liability under the Developmen t Agreement, including the indemnification requirements set forth in Section 8 of the Development Agreement. 2. This Assignment and Assumption a nd all the provisions hereby be binding upon the Assignor and its successors and shall inure to the benefit of the A ssignee and its successors and permitted assigns. 3. The validity, interpretation and effect of this Assignment and Assumption shall be governed by, construed under and interpreted in accordance with the laws of the State of Wisconsin, without giving effect to the principles of conflicts of law thereof. 3 4. This Assignment and Assumption maybe executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Assignor and A ssignee have caused this Assignment and Assumption to be executed in its corporate name by its duly authorized officers; and the Assignor has caused this Lease to be executed in its name by its duly authorized officer, as of the date first above written. C H S I N C . By _________________________________ I t s STATE OF MINNESOTA ) ) s s . COUNTY OF ST. LOUIS ) On the ____ day of ______________, 2026, before me, a notary public, personally appeared _____________________, the ___________________, of CHS Inc., who acknowledged that they executed the foregoing instrument on behalf of the company. Notary Public 4 PELAGIC UNLIMITED LLC By ____________________________________ Its ___________________________________ STATE OF ____________ ) ) s s . COUNTY OF __________ ) On the ____ day of _______________, 2026, before me, a notary pub lic, personally appeared __________________, the ___________________, of PELAGIC UNLIMITED LLC, who acknowledged that they executed the foregoing instrument on behalf of the company. Notary Public CONSENT AND APPROVAL The City of Superior, Wisconsin, here by joins in the foregoing Assignment and Assumption for the sole purpose of evidencing th at it has consented to and approved (a) the assignment of the indemnificati on provisions of Section 8 of the Development Agreement from CHS Inc. to Pelagic Unlimited LLC (the “Com pany”); (b) the assumption by the Company, of the indemnification provisions of Section 8 of the Development Agreement and the rights, benefits, and obligatio ns thereunder as provided by th e terms of the Assignment and Assumption; and (c) the releas e of CHS from any lia bility under the Deve lopment Agreement, including the indemnification requirements set forth in Section 8 of the Development Agreement. IN WITNESS WHEREOF, the City of Superi or, Wisconsin duly exec uted this Consent and Approval on the ___ day of _______________, 2026. CITY OF SUPERIOR, WISCONSIN By ______________________________________ I t s M a y o r By ______________________________________ I t s C i t y C l e r k STATE OF WISCONSIN ) ) s s . COUNTY OF DOUGLAS ) On the ____ day of _______________, 2026, before me, a notary pub lic, personally appeared Jim Paine and Heidi Blunt, the Mayor and City Clerk, respectiv ely, of the CITY OF SUPERIOR, WISCONSIN, who acknowledged that th ey executed the fo regoing instrument on behalf of the City. ________________________________________ N o t a r y P u b l i c This document was drafted by: Fryberger, Buchanan, Smith & Frederick, P.A. 302 West Superior Street, Suite 700 Duluth, MN 55802 MET/lab 08493\000309\1EX0873.DOCX ATTACHMENT A-1 LEGAL DESCRIPTION OF THE DOCK WALL PROPERTY That part of Blocks 73, 96, 101, 123 and 130 of West Superior First Division and part of Lot 12, Block 1, West Superior Eighth Di vision in part of the Governme nt Lot 2, Section 10, Township 49 North, Range 14 West, City of Superior, Douglas County, Wisconsin, described as follows: Commencing at the South Quarter Corner of said Section 10; thence South 88 degrees 53 minutes 35 seconds East, along the south line of said Southeast Quarter of Section 10, a distance of 869.44 feet to the southwesterly projection of the westerly line of said Blocks 123 and 130; thence North 22 degrees 11 minutes 06 seconds Ea st, along said line, a distance of 1183.77 feet to the Point of Beginning; thence South 68 de grees 15 minutes 37 seconds East a distance of 21.53 feet; thence North 21 degrees 44 minutes 23 s econds East a distance of 34.94 feet; thence North 68 degrees 15 minutes 37 seconds West a di stance of 12.44 feet; thence North 22 degrees 08 minutes 43 seconds East a distance of 177.89 f eet; thence North 28 degrees 54 minutes 40 seconds East a distance of 12.00 feet; thence North 22 degrees 07 minutes 25 seconds East a distance of 340.21 feet; thence North 18 degrees 34 minutes 16 seconds East a distance of 647.96 feet; thence North 5 degrees 46 minutes 57 s econds East a distance of 575.77 feet to the intersection of the north dock line of CHS Inc. and the water’s edge of St. Louis Bay; thence North 82 degrees 49 minutes 50 se conds West, along said dock line and water’s edge, a distance of 15.94 feet to the intersection of the west dock line of CHS Inc. and the water’ s edge of St. Louis Bay; thence South 5 degrees 54 minutes 31 seconds West, along said dock line and water’s edge, a distance of 597.04 feet; thence South 18 degrees 31 minutes 44 seconds West, along said dock line and water’s edge, a distan ce of 652.38 feet to the intersect ion of the westerly line of said Blocks 123 and 130; thence South 22 degrees 10 minutes 10 seconds West, along said line, a distance of 535.73 feet to the Point of Beginning. ATTACHMENT A-2 DEPICTION OF DOCK WALL PROPERTY DEVELOPMENT AGREEMENT ASSIGNMENT AND ASSUMPTION AGREEMENT RETURN TO: Mia Thibodeau Fryberger, Buchanan, Smith & Frederick, P.A. 302 West Superior Street, Suite 700 Duluth, MN 55802 (218) 725-6873 04-804-00956-00 Parcel Identification Number (PIN) THIS Development Agreement Assignm ent and Assumption Agreement (this “Assignment and Assumptio n”) is made and is in effect as of the _____ day of ___________, 2026 (the “Effective Date”), by and between CHS INC., a Minnesota corporation (the “Assignor”) and PELAGIC UNLIMITED LLC, a Wi sconsin limited liab ility company (the “Assignee”). RECITALS WHEREAS, the Assignor owns an elevator dock facility in the City of Superior, Wisconsin (the “Facility”); and WHEREAS, in 2018, a portion of the dock wa ll of the Facility were in need of rehabilitation and reconstruction for the purpose of increasing the transportation efficiency of the Port of Superior; and WHEREAS, at the request of the Assignor, th e City of Superior, Wisconsin (the “City”) applied to and received from the Wisconsin De partment of Transporta tion (the “WisDOT”) a Harbor Assistance Program Grant for a portion of the funding for the Project (as defined in the Development Agreement, as hereinafter defined); and WHEREAS, the City received approval of a Harbor Assistance Program Grant (the “State Grant”) subject to the requirements se t forth in the Grant Ag reement dated April 6, 2018 between the City and WisDOT fo r the Project, as the same may be from time to time amended (the “Grant Agreement”); and WHEREAS, the City and the Assignor entere d into a Development Agreement dated as of April 5, 2018 (the “Development Agreement”), pursuant to which certain improvements (the “Dock Wall Improvements”) were made to such dock wall; and 2 WHEREAS, the Assignor leased a portion of the Facility to the City pursuant to that Primary Lease dated April 5, 2018, such portion is legally described on Attachment A-1 hereto and depicted on Attachment A-2 hereto (the “Dock Wall Property”); WHEREAS, the Assignor and the City then en tered into a Lease Agreement, dated April 5, 2018 (the “Lease”) pursuant to which the A ssignor leased from the City the Dock Wall Property, as improved by the Dock Wall Improvements; and WHEREAS, the Assignor and the Assignee have entered into a Purchase Agreement dated as of ____________, 2026 (the “Agreement”), pursuant to which the Assignor will sell and the Assignee will purchase cert ain real and personal property of the Assignor, including the Facility and the Dock Wall Property as improved by the Dock Wall Improvements; and WHEREAS, it is the intenti on of the Assignor and the Assignee that by the execution and delivery of this Assignment and Assumption, subject to consent and approval of the City, that the Assignor will assign to the Assignee and the A ssignee will assume and will pay, perform and discharge as and when due, the indemnificati on requirements set forth in Section 8 of the Development Agreement which survive and exte nd beyond the termination of the Development Agreement; and WHEREAS, after execution and delivery of the Assignment and Assumption and consent and approval of the City has b een obtained, the Assignor shall be released from any liability under the Development Agreement, including the indemnificati on requirements set forth in Section 8 of the Development Agreement. NOW, THEREFORE, in consideration of th e foregoing premises and for other good and valuable consideration, the r eceipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Assignor hereby assigns to the A ssignee all of the A ssignor’s right, title, interest and obligations in, to and under the Development Agreement and the Assignee hereby assumes and agrees to pay and perform all of the Assignor’s obligations under the Development Agreement in accordance with its terms, including, but not limited to, the Assignor’s obligations, under Section 8 of the Development Agreement, and such that from and after the Effective Date, all of the terms and provisions of the Development Agreement sha ll apply to the Assignee as if the Assignee was an original party under the Development Agreement and the Assignor is released from any liability under the Developmen t Agreement, including the indemnification requirements set forth in Section 8 of the Development Agreement. 2. This Assignment and Assumption a nd all the provisions hereby be binding upon the Assignor and its successors and shall inure to the benefit of the A ssignee and its successors and permitted assigns. 3. The validity, interpretation and effect of this Assignment and Assumption shall be governed by, construed under and interpreted in accordance with the laws of the State of Wisconsin, without giving effect to the principles of conflicts of law thereof. 3 4. This Assignment and Assumption maybe executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Assignor and A ssignee have caused this Assignment and Assumption to be executed in its corporate name by its duly authorized officers; and the Assignor has caused this Lease to be executed in its name by its duly authorized officer, as of the date first above written. C H S I N C . By _________________________________ I t s STATE OF MINNESOTA ) ) s s . COUNTY OF ST. LOUIS ) On the ____ day of ______________, 2026, before me, a notary public, personally appeared _____________________, the ___________________, of CHS Inc., who acknowledged that they executed the foregoing instrument on behalf of the company. Notary Public 4 PELAGIC UNLIMITED LLC By ____________________________________ Its ___________________________________ STATE OF ____________ ) ) s s . COUNTY OF __________ ) On the ____ day of _______________, 2026, before me, a notary pub lic, personally appeared __________________, the ___________________, of PELAGIC UNLIMITED LLC, who acknowledged that they executed the foregoing instrument on behalf of the company. Notary Public CONSENT AND APPROVAL The City of Superior, Wisconsin, here by joins in the foregoing Assignment and Assumption for the sole purpose of evidencing th at it has consented to and approved (a) the assignment of the indemnificati on provisions of Section 8 of the Development Agreement from CHS Inc. to Pelagic Unlimited LLC (the “Com pany”); (b) the assumption by the Company, of the indemnification provisions of Section 8 of the Development Agreement and the rights, benefits, and obligatio ns thereunder as provided by th e terms of the Assignment and Assumption; and (c) the releas e of CHS from any lia bility under the Deve lopment Agreement, including the indemnification requirements set forth in Section 8 of the Development Agreement. IN WITNESS WHEREOF, the City of Superi or, Wisconsin duly exec uted this Consent and Approval on the ___ day of _______________, 2026. CITY OF SUPERIOR, WISCONSIN By ______________________________________ I t s M a y o r By ______________________________________ I t s C i t y C l e r k STATE OF WISCONSIN ) ) s s . COUNTY OF DOUGLAS ) On the ____ day of _______________, 2026, before me, a notary pub lic, personally appeared Jim Paine and Heidi Blunt, the Mayor and City Clerk, respectiv ely, of the CITY OF SUPERIOR, WISCONSIN, who acknowledged that th ey executed the fo regoing instrument on behalf of the City. ________________________________________ N o t a r y P u b l i c This document was drafted by: Fryberger, Buchanan, Smith & Frederick, P.A. 302 West Superior Street, Suite 700 Duluth, MN 55802 MET/lab M:\DOCS\08493\000318\AGM\183105202.DOCX ATTACHMENT A-1 LEGAL DESCRIPTION OF THE DOCK WALL PROPERTY Lot 1 of Certified Survey Map 1339, located in part of Lots 1-13, Block 2 of West Superior Eighth Division in part of Government Lot 2 in Section 10, Township 49 North, Range 14 West, City of Superior, Douglas Count y, Wisconsin, such Certified Su rvey Map 1339, filed for record in the office of the Douglas County Register of Deeds on March 23, 2018, in Volume 10 of Certified Survey Maps, pages 112-113. ATTACHMENT A-2 DEPICTION OF DOCK WALL PROPERTY TO: Heidi Blunt, City Clerk FROM: Kara Czapinski, Administrative Assistant DATE: July 28, 2026 RE: Accessible Signage Request - APPROVAL The Public Works Department, the Police Department, and the Mayor's Commission on Disabilities have reviewed the request from William J. Cameron for installation of accessible signage at the following location: Accessible Parking: 1317 North 7th Street (one side) Concurrence has been received to approve this request. An ordinance has been created for approval by the Common Council to allow for amendment to the Traffic Code portion of the City Code and for the installation of proper signage. Attachment c: Traffic Sgt. Eastman, Police Dept. Mayor’s Commission on Disabilities Person applying Council Mtg. August 4, 2026 Public Works Department 1316 North 14th St., 2nd Floor, Room 200 Superior, WI 54880 Web site: www.ci.superior.wi.us Phone: (715) 395-7334 Fax: (715) 395-7346 TTY: (715) 395-7521 ORDINANCE #O26-4434 AN ORDINANCE INTRODUCED BY THE COMMON COUNCIL OF THE CITY OF SUPERIOR AMENDING CITY CODE CHAPTER 112 - TRAFFIC CODE, SCHEDULE J, ACCESSIBLE PARKING ZONES TO ADD ACCESSIBLE PARKING SIGNAGE AT 1317 NORTH 7TH STREET. The Common Council of the City of Superior, Wisconsin, does ordain as follows: SECTION 1. City Code Chapter 112, Traffic Code, Article III Parking; Schedule J, Accessible Parking Zones, is hereby amended by adding the following: Accessible Parking signage at: 1317 North 7th Street (one side) SECTION 2. Signs. The Department of Public Works is hereby authorized and directed to erect official traffic signs. SECTION 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. SECTION 5. This ordinance shall take effect and be in force from and after its passage and publication, as provided by law. Passed and adopted this 4th day of August 2026. Approved this 4th day of August 2026. ________________________________________ Mayor Attest: ____________________________________ City Clerk